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Council, is desirous of extending aud enlarging the permission and licence contained in the said Order in Council.
Her Majesty is therefore pleased to order, and it is hereby ordered, that from and after the 16th day of December, 1862, it shall be lawful for all military officers in Her Majesty's service to enter into the military service of the said Emperor, and to accept any commission, warrant, or other appointment under the said Emperor, and to accept any money, pay, or reward for their services.
And it is hereby ordered, that it shall be lawful for all officers in Her Majesty's military service to serve the said Emperor in any military, warlike, or other operations, and for that purpose to go to any place or places beyond the seas, and to accept any commission, warrant, or other appointment, from or under the said Emperor and to accept any money, pay, or reward for their services: provided always, that the licence and permission hereby given shall be in force only until the 1st day of September, 1864, unless by Order in Council, made in manner aforesaid, such period should be further extended.
BRITISH ORDER IN COUNCIL, for the Regulation of British Consular Jurisdiction in the Dominions of the Sublime Ottoman Porte.—Osborne, January 9, 1863.
At the Court at Osborne House, Isle of Wight, the 9th day of
The Queen's Most Excellent Majesty In Council.
Whereas by the Act of the session of Parliament of the 61 li and 7th years of Her Majesty's reign [chapter 94],* "to remove doubts as to the exercise of Power and Jurisdiction by Her Majesty within divers Countries and Places out of Her Majesty's Dominions, and to render the same more effectual," hereinafter called The Foreign Jurisdiction Act, it was enacted (among other things) that it was and should be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty then had or might at any time thereafter have within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or conquest of territory:
And whereas Her Majesty has had and now has power and in the dominions of the Sublime Ottomnn Porte: • Vol. XXXI. Page 1022.
And whereas Her Majesty was pleased, on the 27th dsy of August, I860,* by and with the advice of Her Privy Council, to make, by Order in Council dated that day, provision for the exercise of her power and jurisdiction aforesaid:
And whereaa it has seemed to Her Majesty, by and with the advice of her Privy Council, to be expedient at the present time to revise the provisions of the said Order, and to make further provision for the due exercise of Her Majesty's power and jurisdiction aforesaid, and for the more regular and efficient administration of justice, and the better maintenance of order among all classes of Her Majesty's subjects, and of persons enjoying Her Majesty's protection resident in or resorting to the dominions of the Sublime Ottoman Porte:
Now, therefore, Her Majesty, by virtue of the powers in this behalf by the Foreign Jurisdiction Act or otherwise in her vested, is pleased by and with the advice of her Privy Council to order, and it is hereby ordered, as follows:
1. This Order shall come into operation on the 1st day of March, 1863.
2. The Order of the 27th day of August, 1860, shall be repealed. This repeal shall not affect the past operation of that Order, or
any appointment made or thing done under it.
Pending proceedings shall be regulated by this Order, as far as the Dature and circumstance of each case admit.
3. In this Order, the term "the Ottoman dominions" means the dominions of the Sublime Ottoman Porte; the term "month" means calendar month; words importing the plural or the singular may be construed as referring to one person or thing, or more than one person or thing, and words importing the masculine as referring to females (as the case may require).
4. The provisions of this Order relating to British subjects apply to all subjects of Her Majesty, whether by birth or by naturalization, and also to all persons enjoying Her Majesty's protection in the Ottoman dominions.
The provisions of this Order relating to British subjects shall altjo, until it is otherwise ordered, extend to subjects of the United States of the Ionian Islands, resident in or resorting to the Ottoman dominions, except in the following particulars:
(1.) So far as those provisions relate to trial in civil cases with a jury (with respect to which Ionian subjects shall be in the same position as foreigners), or to the serving on juries in civil cases;
(2.) So far as those provisions confer or relate to the power of * Vol. L. Tage 658.
by a court of justice Laving criminal jurisdiction in England be deemed a crime or offence rendering the person doing such act amenable to punishment in England, shall, in the exercise of criminal jurisdiction under this Order, be deemed a crime or offence rendering the person doing such act amenable to punishment.
III.—Constitution of Her Majesty's Consular Courts.
9. There shall be a court styled "Her Britannic Majesty's Supreme Consular Court for the Dominions of the Sublime Ottoman Porte."
10. The Supreme Consular Court shall hold its ordinary sittings at Constantinople; but may, on emergency, sit at any other place within the district of the Consulate-General of Constantinople, and may at any time hold its ordinary sittings at any such place within the Ottoman dominions as one of Her Majesty's Principal Secretaries of State may approve.
11. There shall be one judge of the Supreme Consular Court. He shall be appointed by Her Majesty by warrant under Her
Royal sign manual.
He shall be, at the time of his appointment, a member of the bar of England, Scotland, or Ireland, of not less than 7 years standing, or a subject of Her Majesty (by birth or naturalization) who shall have filled the office of Legal Vice-Consul in the Ottoman dominions or the office of Law Secretary to the Supreme Consular Court.
He shall hold by special commission from Her Majesty the appointment of Vice-Consul, but shall have rank and precedence as if he held the appointment of Consul-General.
He may, in case of his absence from the district of the Consulate-General of Constantinople, either in the discharge of his duty, or with permission of one of Her Majesty's Principal Secretaries of State, or in case of illness, appoint, by writing under his hand and seal, a fit person to be his deputy, who shall have all the power and authority of judge.
During a vacancy in the office of judge, or on emergency, a fit person, approved by one of Her Majesty's Principal Secretaries of State, may temporarily be and act as acting judge, with all the power and authority of judge.
12. There shall be attached to the court:—(1.) One legal ViceConsul; (2.) One Law Secretary; (3.) So many officers and clerks as one of Her Majesty's Secretaries of State may from time to time think fit.
One of Her Majesty's Principal Secretaries of State may from
time to time temporarily attach to the Court such persons holding appointments as Consuls or Vice-Consuls as he may think fit.
13. The Legal Vice-Consul and the Law Secretaries shall be appointed by Her Majesty.
They shall respectively hold by special commission from Her Majesty the appointment of Vice-Consul; but the Legal ViceConsul shall always have rank and precedence above the Law Secretary.
The Legal Vice-Consul shall act as registrar of the court.
The Law Secretary shall discharge such duties in connexion with the conduct of criminal prosecutions as the judge from time to time may direct.
The Legal Vice-Consul shall hear and determine in a summary way such criminal charges as may, under this Order, be properly so heard and determined, and as may be specially referred to him by the judge.
The Law Secretary shall hear and determine in a summary way such criminal charges as may, under this Order, be properly so heard and determined, and as the judge may from time to time think necessary for the dispatch of urgent business to refer speeially to him.
Where a suit or proceeding of a civil nature, originally instituted in the Supreme Consular Court, relates to money, goods, or other property, or any civil right or other matter at issue of a less amount or value than 100/. sterling, or is instituted for the recovery of damages of a less amount than 100/. sterling, the judge may refer such suit or proceeding specially to the Legal Vice-ConBul to bo heard and determined by him, or if it appears to the judge necessary for the dispatch of urgent business, he may refer such suit or proceeding specially to the Law Secretary, to be heard and determined by him; but in all such cases an appeal shall lie as of course to the judge.
In case of the absence or illness of the Legal Vice-Consul or Law Secretary, or during a vacancy in the office of Legal ViccConsul or Law Secretary, or during the temporary employment of the Legal Vice-Consul or Law Secretary in any other capacity, the judge may, by writing under his hand and seal, appoint the LawSecretary to act temporarily as Legal Vice-Consul (if the case so requires), or any fit person approved by one of Her Majesty's Principal Secretaries of State to act temporarily as Legal YiceCoruul or as Law Secretary (as the case may require). The Law Secretary or other person so appointed shall have all the power and authority of Legal Vice-Consul or of Law Secretary (as the case may be).
Every Consul or Vice-Consul temporarily attached to the court under Article 12 shall discharge such duties in connection with the