Directory_and_Chronicle_1917 — Page 378

298

Jurisdiction

tain Eastern seas.

FOREIGN JURISDICTION ACT, 1890

(2.)—In any such action, suit, or proceeding, tender of amends before the same was commenced may be pleaded in lieu of or in addition to any other plea. If the action, suit, or proceeding was commenced after such tender, or is proceeded with after payment into court of any money

in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after such tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of such tender or payment; but this provision shall not affect costs on any injunction in the action, suit, or proceeding.

14.-It shall be lawful for Her Majesty the Queen in Council to over ships in cer- inake any law that may seem meet for the government of Her Majesty's subjects being in any vessel at a distance of not more than one hundred miles from the coast of China or of Japan, as fully and effectual as any such law might be made by Her Majesty in Council for the Government of Her Majesty's subjects being in China or in Japan.

Provision as to

15.-Where any Order in Council made in pursuance of this Act subjects of Indian extends to persons enjoying Her Majesty's protection, that expression

shall include all subjects of the several Princes and States in India.

16.-In this Act,-

Definitions.

Power to repeal

""

The expression "foreign country means any country or place ouf

of Her Majesty's dominions:

The expression "British court in a foreign country" means any British court having jurisdiction out of Her Majesty's dominions in pursuance of an Order in Council whether made under any

Act or otherwise:

The expression "jurisdiction" includes power.

17. The Acts mentioned in the Second Schedule to this Act may

or vary. Acta in be revoked or varied by Her Majesty by Order in Council.

Second Schedule.

Repeal.

Short title.

18.-The Acts mentioned in the Third Schedule to this Act are hereby repealed to the extent in the third column of that schedule mentioned: Provided that,-

1890.

(1) Any Order in Council, commission, or instructions made or

issued in

pursuance of any enactment repealed by this Act, shall, if in force at the passing of this Act, continue in force, until altered or revoked by Her Majesty as if made in pursuance of this Act; and shall, for the purposes of this Act, be deemed to have been made or issued under and in pursuance of this Act; and

(2) Any enactment, Order in Council, or document referring to any enactment repealed by this Act shall be construed to refer to the corresponding enactment of this Act.

19.-(1.) This Act may be cited as the Foreign Jurisdiction Act,

(2.) The Acts whereof the short titles are given in the First Schedule to this Act may be cited by the respective short titles given in that schedule.