within its district, or may appoint the resident Legal Vice-Consul of any Provincial Consular Court to visit in like manner any Provincial Consular Court where there is not a resident Legal ViceConsul.

25. A Provincial Consular Court may, of its own motion, or on the application of any person concerned, report to the Supreme Consular Court the pendency of any case, civil, or criminal, which appears to the Provincial Consular court fit to be heard and determined by the Supreme Consular Court.

The Supreme Consular Court shall thereupon direct in what mode and where the case shall be heard and determined.

26. Every Consular Court shall, in the exercise of every part of its respective jurisdiction, be a court of record.

27. Each Provincial Consular Court shall execute any writ or order issuing from the Supreme Consular Court, and take security from any person named in any writ or order for his appearance personally or by attorney, and in default of such security being given, or when specially ordered by the Supreme Consular Court so to do, send such person to Constantinople on board one of Her Majesty's vessels of war, or if there is no such vessel available, then on board any British or other fit vessel.

The order of the Supreme Consular Court shall be sufficient authority to the commander or master of such vessel of war or other vessel to receive and detain such person, and carry him to and deliver him up at Constantinople according to the order.

28. The several Consular Courts shall be auxiliary to one another in all particulars relative to the administration of justice, civil or criminal.

29. Each provincial Consular Court shall, every 6 months, furnish to the Supreme Consular Court a full and faithful report of every case, civil and criminal, brought before it, in such form ast the judge of the Supreme Consular Court may from time to time. direct.

2.-In Civil Matters.

Reconciliation and Arbitration.

30. Every Consular Court and its officers shall, as far as there is proper opportunity, promote reconciliation, and encourage and facilitate the settlement in an amicable way and without recourse to litigation, of matters in difference between persons over whom the court has jurisdiction.

31. Every Consular Court may promote reconciliation, and encourage and facilitate the settlement in an amicable way, of any suit or proceeding pending before it.

32. A Consular Court may, with the consent of the parties, [1862-63. LI.]

Y

refer to arbitration the final determination of any suit or proceeding pending before it, or of all matters in difference between the parties, on such terms and with such directions as to appointment of an arbitrator and other things as may seem fit, and may, if it thinks fit, take from the parties, or any of them, security to abide by the result of the reference.

In

any such case,

the award shall be final and conclusive. On the application of any party, a decree of the court may be entered in conformity with the award, and such decree shall not be open to any appeal or re-hearing whatever.

33. Every agreement for reference to arbitration or submission to arbitration, by consent between or by British subjects, may, on the application of any party, be made a rule of the Consular Court having jurisdiction in the matter of the reference or submission. which court shall thereupen have power and authority to enforce the agreement or submission, and the award made thereunder, and to control and regulate the proceedings before and after the award, in such manner and on such terms as may be just.

General Authority of Courts.

34. The Supreme and every other Consular Court shall be a court of law and of equity; and (subject to the other provisions of this Order) shall have and may exercise all jurisdiction, power and authority, legal, equitable, or other, which any Consul of Her Majesty, by custom has or may exercise in the Ottoman dominions.

Special Authorities of Courts.

35. The Supreme and every other Consular Court shall be a Court of Bankruptcy, and as such shall, as far as circumstances admit, have, each for and within its own district, with respect to British subjects, and to their debtors and creditors, being either British subjects or foreigners submitting to the jurisdiction of the court, all such jurisdiction as for the time being belongs to the Court of Bankruptcy and the County Courts in England, or to any other judicial authority having for the time being jurisdiction in England in bankruptcy.

36. The Supreme Consular Court shall be a Court of ViceAdmiralty, and as such shall, for and within the Ottoman dominions, and for vessels and persons coming within those dominions, have all such jurisdiction as for the time being belongs to any Court of Vice-Admiralty in any of Her Majesty's possessions abroad, excepting any jurisdiction relating to prize or booty.

Every Provincial Consular Court held before a resident legal Vice-Consul shall be a Court of Vice-Admiralty, and as such shall,

for its own district, and for vessels and persons coming within that district have the like jurisdiction.

37. The Supreme Consular Court shall, as far as circumstances admit, have in itself exclusively, for and within the dominions of the Sublime Ottoman Porte, with respect to British subjects, all such jurisdiction relative to the custody and management of the persons and estates of persons of unsound mind, as for the time being belongs to the Lord Chancellor, or other person or persons in England, intrusted by virtue of Her Majesty's sign manual, with the care and commitment of the custody of the persons and estates of persons found by inquisition in England, idiotic, lunatic, or of unsound mind.

38. The Supreme Consular Court shall be a Court for Matrimonial Causes, and as such shall, as far as circumstances admit, have in itself exclusively, for and within the Ottoman dominions, with respect to British subjects, all such jurisdiction, except the jurisdiction relative to dissolution or nullity or jactitation of marriage, as for the time being belongs to the Court for Divorce and Matrimonial Causes in England.

39. The Supreme Consular Court shall be a Court of Probate, and as such shall, as far as circumstances admit, have, for and within the Ottoman dominions, with respect to the property of British subjects, having at the time of death their fixed places of abode within those dominions, all such jurisdiction, as for the time being belongs to Her Majesty's Court of Probate in England.

A Provincial Consular Court shall, however, also have power to grant probate or administration where there is no contention respecting the right to the grant, and it is proved on oath that the deceased had at the time of his death his fixed place of abode within the jurisdiction of the particular court.

Probate or administration granted by a Provincial Consular Court shall have effect over all the property of the deceased within the Ottoman dominions, and shall effectually discharge persons dealing with an executor or administrator thereunder, notwithstanding any defect may afterwards appear in the grant. Such a grant shall not be impeachable by reason only that the deceased had not at the time of his death his fixed place of abode, within the particular jurisdiction.

From the death of a British subject, having at the time of death his fixed place of abode within the Ottoman dominions, intestate, until administration granted, his personal property within those dominions, shall be vested in the judge of the Supreme Consular Court, as the personal property of an intestate in England is vested in the judge of Her Majesty's Court of Probate there.

If any person, other than one of Her Majesty's Consular

officers, takes possession of, and in any manner administers any part of the personal property of any person deceased, without obtaining probate or administration within 3 months after the death of the deceased, or within one month after the termination of any suit or dispute respecting probate or administration (if there is any such which is not ended within two months after the death of the deceased), he shall be liable to such penalty not exceeding 1007. sterling, as the court having jurisdiction in the matter of the property of the deceased may think fit to impose.

Trial with a Jury.

40. Where a suit instituted in the Supreme Consular Court, or in a Provincial Consular Court held before a resident Legal ViceConsul, relates to money, goods, or other property, or any civil right or other matter at issue, of the amount or value of 50l. sterling or upwards, or is brought for recovery of damages, of the amount of 501. sterling or upwards, the suit shall, on the demand of either party, be tried with a jury.

In any case (except where, according to the rules of the court, the suit is to be heard and determined in a summary way) a suit so instituted may be tried with a jury, if the court, of its own motion, or on the application of either party, thinks fit so to order.

One of Her Majesty's Principal Secretaries of State may, by order under his hand, extend the present provision to any Provincial Consulate Court not held before a resident Legal Vice-Consul, where it appears to him a sufficient jury list can be obtained.

Trial with Assessors.

41. Where a suit instituted in a Provincial Consular Court not held before a resident Legal Vice-Consul relates to money, goods, or other property, of a less amount or value than 3007. sterling, or does not relate to or involve, directly or indirectly, a question respecting any civil right or other matter at issue, of the amount or value of 3007. sterling or upwards, or is brought for recovery of damages of a less amount than 3007. sterling, the court may hear and determine the case without assessors.

In all other cases, the court shall hear and determine the case with assessors.

3.-In Criminal Matters.

42. Every Consular Court shall have authority to cause to be apprehended and brought before it, any British subject being within the district of the court, and charged with having committed a crime or offence within the Ottoman dominions, or on board a British ves el within those dominions, and to deal with the accused

according to the jurisdiction of the court, and in conformity with the provisions of this Order; or where the crime or offence is triable, and is to be tried in England, to take the preliminary examination, and to commit the accused for trial, and cause or allow him to be taken to England.

43. Where a person charged with a crime or offence escapes or removes from the Consular district within which the crime or offence was committed, and is found within another Consular district, the Consular Court within the district of which he is found may proceed in the case to examination, trial, and punishment, or in a summary way (as the case may require), in the same manner as if the crime or offence had been committed in its own district; or may, on the requisition or with the consent of the court of the district within which the crime or offence was committed, send him in custody to that court, or require him to give security for his surrender to that court, there to answer the charge and be dealt with according to law.

Where any person is to be so sent in custody, a warrant shall be issued by the court within the district of which he is found, and such warrant shall be sufficient authority to any person to whom it is directed, to receive and detain the person therein named, and carry him to and deliver him up to the court of the district within which the crime or offence was committed, according to the warrant.

44. Where a warrant or order of arrest is issued by a competent authority in Malta for the apprehension of a British subject, a native of Malta, or of any of its dependencies, who is accused of having committed a crime or offence within the jurisdiction of the authority issuing the warrant or order, and who is, or is supposed to be, in the Ottoman dominions, and the warrant or order is produced to a Consular Court, the court may back the warrant or order, and the same, when so backed, shall be sufficient authority to any person to whom the warrant or order was originally directed, and also to any constable or other officer of the Court by which it is backed, to apprehend the accused at any place in the Ottoman dominions where the court by which the warrant or order is backed has jurisdiction, and to carry him to, and deliver him up at Malta, according to the warrant or order.

45. Malta shall be (under the Foreign Jurisdiction Act, section iv) the British colony to which any person may be sent for trial who is charged with the commission of any crime or offence the cognizance whereof appertains to a Consular Court in the Ottoman dominions, where it is expedient that the crime or offence should be inquired of, tried, determined, and punished, within Her Majesty's dominions.

The judge of the Supreme Consular Court may, where it appears so expedient, by warrant under his hand and seal, and the seal of