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Now, therefore, in pursuance of the above-recited Act of Parliament, and in execution of the powers thereby in Her Majesty in Council vested, Her Majesty is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, that the abovecited Orders of Her Majesty in Council of the 2nd of October, 1843, as far as the same is not repealed by any subsequent Order, and of the 19th of June, 1844, and of the 24th of April, 1847, respectively, shall continue to have full force and effect, except in Bo far as the same may be in any way altered by the present Order.
And for the better maintenance of order among British subjects and persons enjoying British protection, residing in or resorting to the dominions of the Sublime Ottoman Porte, and for the more effectual administration of justice among all classes of Her Majesty's subjects within the said dominions, it is hereby further ordered:
I. That the power and jurisdiction hitherto exercised by Her Majesty's Consul-General at Constantinople, so far as the same relates to the repression and punishment of crimes and offences committed within the dominions of the Sublime Ottoman Porte, and to the judicial settlement and determination of all manner of differences, contentions, suits, and variances that might or Bhould happen to arise between British subjects, or between British subjects and the subjects of the Sublime Ottoman Porte, or between British subjects and the subjects of any foreign Power, shall be vested in an officer who shall represent the Consul-General, and be called " the Judge of the Supreme Consular Court of Constantinople," and such officer shall hold by special commission from Her Majesty the appointment of Vice-Consul, but notwithstanding such commission, or any regulations concerning the precedence and comparative rank of Consuls, shall in all respects be of equal rank with Her Majesty's Consuls-General; and the said Judge shall, in his capacity of representative of the Consul-General, have the same power and jurisdiction to hold the Baid Consular Court of Constantinople, and therein try, determine, adjudicate, and act upon all matters properly brought before the said Court, whether the same be of a civil or criminal nature, as Her Majesty's Consul-General has customarily, or by virtue of any Act of Parliament or Order in Council, exercised on behalf of Her Majesty within the dominions of the Sublime Ottoman Porte.
II. And it is further ordered, that the Judge of the said Consular Court shall have attached to him, for trie purpose of better enabling him to carry out the provisions of this Order, a ViceConsul Cancellier, who shall act as Registrar of the said Court; as also a law clerk or secretary, and such other subordinate offioers as may be necessary for the purpose of carrying on the business of the said Consular Court.
III. And it is further ordered, that the term "Judge" shall be construed to mean the chief judicial officer for the time being of the Supreme Consular Court of Constantinople, or the person duly authorized to act as such, and engaged in carrying out the provisions of this Order; and the term "Consul" shall be construed to include all and every officer in Her Majesty's service, whether Consul, Vice-Consul, or Consular Agent, or any other person duly authorized to act in any of the aforesaid capacities within the dominions of the Sublime Ottoman Porte; and the term "British subject" shall be held to mean all subjects of Her Majesty wheresoever born or resident, whether natives of Great Britain and Ireland or of any of the colonies, or of the dominions of Her Majesty in India or of Malta, and likewise all citizens of the loniau Islands, and persons under British protection iu Turkey; and that wherever in this Order, with reference to any person, matter, or thing, any word or words is or are used importing the singular number, or the masculine gender only, such word or words shall be understood to include several persons as well as one person, females as wrell as males, and several matters or things as well as one matter or thing, unless it b<; otherwise specially provided, or there be something in the subject or conteit repugnant to siuh construction.
IV. And be it further ordered, that the Judge of the said Supreme Consular Court at Constantinople, acting in the representative capacity aforesaid, shall have full power and authority to cause to be apprehended and brought before him any British Bubject charged with having committed any crime or offence within the dominions of the Sublime Ottoman Porte, or within any British Bhip being within one hundred miles of the coast of Turkey, or within any ship or vessel on the high seas within the same limits, not being lawfully entitled to claim the protection of any flag of any State or nation, and having inquired of, tried, and determined according to the practice of English Criminal Courts, except where such practice is modified or altered by the provisions of this or any future Order, any charge which may be brought before him, save and except such as may be of a capital nature, to sentence the party convicted to transportation for life, or for any less term, or in lieu thereof to penal servitude according to the provisions of an Act passed iu the 10th and 17th years of Her Majesty's reign, chapter 99, or to deportation, or to imprisonment with or without hard 1 ibour, for a term not exceeding two years, or to the payment of a fine not exceeding five hundred pounds sterling: Provided always, that no act shall be deemed or taken to be a crime or offence rendering the person committing the same liable to punishment under this Order, unless it be such that if done or committed in England, the party Ho doing or committing it would be liable to punishment in England according to English law, or unless it be an act made liable to punishment by some previous Order in Council applicable to the dominions of the Sublime Porte.
V. And it is further ordered, that if the crime or offence whereof any person, being a British subject, may be accused before such Judge, shall appear to be of a capital nature, then, having taken the depositions in writing and on oath, and in such form and with such ceremony as the party deposing may declare to be binding on his conscience, of all such witnesses as may be competent to give evidence as to the guilt or innocence of the party so charged, and having bound over such witnesses, being British subjects, in their own recognizances to appear and give such evideuce when and wherever they may be called upon so to do, it shall be lawful for such Judge to send such accused party to England or Malta, or if an Ionian, to Corfu, there to be tried according to the law and practice of the criminal courts in these countries.
VI. And it is further ordered, that the Judge on any occasion of sending a prisoner to England, Malta, or Corfu, shall observe the provisions in an Act passed in the 6th and 7th years ofHerMajesty's reign, intituled " An Act 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."
VII. And be it further ordered, that if the crime or offence whereof any person, being a British subject, may be accused before the Judge of the Supreme Consular Court shall be above the degree of misdemeanour, then such Judge shall summon, by warrant under the seal of the Consular Court, six indifferent British subjects of good repute, residing within the district of the said Court, to serve as jurymen upon the trial of such accused person, in the same way, and subject to the same form, observances, right of challenge, and penalties, so far as circumstances will admit, as persons serving on juries Lu England; and such Judge shall, with the assistance of such jury, proceed to try the accused in the same manner and according to the same forms, as nearly as may be, as is now practised in England upon the trial of parties charged with criminal offences.
VIII. And it is further ordered, that it shall be lawful for the Judge, if to him it shall seem fit, to cause any person convicted before him of any crime, over and above any fine or imprisonment which may be awarded to such person, to be sent out of the dominions of the Subtime Ottoman Porte, in the manner pointed out by Her Majesty, by Her Order in Council of the 19th of June, 1S44, notwithstanding the crime laid to the charge of such person may be the first of which he has been convieted before the Judge.
IX. And it is further ordered, that the Judge shall have power in a civil Buit to examine on oath, or in such form and with such ceremony as he may declare to be binding on his conscience, any witness who may appear before him, and shall have power, on the application of any party in the said suit, to issue a compulsory order for the attendance of an}' person being a British subject, who may be competent to give evidence in such suit; and any British subject having been duly served with any such compulsory order, and with a reasonable notice of the day of the hearing of such suit, shall on his wilful default to appear as a witness at the hearing of such suit, be punished with a tine not exceeding 100/. sterling or with imprisonment for a period not exceeding 30 days, at the discretion of the said Judge; and every witness being a British subject so examined as aforesaid, in case of wilful or false testimony, may be convicted of and punished for the crime of wilful and corrupt perjury. And the Judge shall, when the circumstances of the case appear to justify it, and when he thinks fit, order that the expenses of a witness, on his appearing to give evidence, shall be defrayed either by the party at whose application he shall have been ordered to attend, or by the party against whom such evidence has been given.
X. And it is further ordered, that it shall be lawful for the Judge from time to time to establish rules of practice to be observed in proceedings before the said Judge, such rules to be as far aa possible in conformity with those which are established in the County Courts of England, regard being had to the difference of local circumstances and long-established custom, and to make regulations for defraying the expenses of witnesses in such proceedings, and the cost of criminal prosecutions; and also to establish rates of fees to be taken in regard to civil suits heard and determined before the Judge, and it shall be lawful for the Judge to enforce by seizure and sale of goods, or, if there be no goods, by imprisonment, the payment of such established fees and of such expenses as may be adjudged against the parties or either of them: provided always, that a table, specifying the rates of fees to be so taken, sh:ill be affixed and kept exhibited in the public office of the said Consular Court.
XI. And be it further ordered, that it shall be lawful for the Judge from time to time and as he shall think fit, to order the observance by all the Consuls holding Consular Courts within the dominions of the Sublime Ottoman Porte, of such rules of practice in the proceedings before them as he shall in that behalf establish.
XII. And it is further ordered, that all rules and regulations heretofore made and continuing unrepealed, or to be hereafter made by the Judge as aforesaid, shall forthwith be printed, and a copy of the same be affixed, and kept affixed and exhibited in some conspicuous place in the public office of the Judge, and printed copies of the said rules and regulations shall be provided by the Judge, and sold at a price not exceeding 5*. for each copy; and for the purpose
of convicting any person offending against the said rules and regulations, and for all other purposes of law whatsoever, a printed copy of the said rules and regulations, certified under the hand of the Judge and seal of the Court to be a true copy thereof, Bhall be taken as conclusive evidence of such rules and regulations, and no penalty shall be incurred or shall be enforced for the breach of any such rules or regulations to be hereafter made, until the same shall have been so affixed and exhibited for one calendar month in the Court of the Consular district within which the breach of such rules or regulations shall be alleged to have been committed.
XIII. And it is further ordered, that it shall be lawful for the Judge to promote the settlement -of any suit of a civil nature by amicable agreement between the parties, and, with the consent of the several parties, to refer the decision of any such suit to one or more arbitrators, and to take security from the parties that they will be bound by the result of such reference; and the award of such arbitrator or arbitrators shall be to all intents and purposes deemed to be a judgment or sentence of the Judge in such suit, and shall be entered and recorded as such, and shall have the like effect and operation, and shall be enforced accordingly, and shall not be open to appeal: and it is further ordered, that in cases of assault it shall be lawful for the Judge to promote reconciliation between the parties upon such terms, either of payment of compensation or otherwise, as he shall think fit, and to order the proceedings thereupon to be stayed.
XTV And it is further ordered, that it shall be lawful for the Judge to enforce his decision against a British subject, in any suit of a civil nature, by distress or imprisonment, in like manner as a decision of the Courts of Law in England in a civil suit is enforced.
XV. And it is further ordered, that all fines and penalties imposed under this Order may be levied by distress and seizure, and sale of ships and goods and chattels; and no bill of sale, mortgage, or transfer of property, made after the apprehension of a party, or with a view to security in regard to crimes or offences committed or to be committed, shall avail to defeat any of the provisions of this Order.
XVI. And it is further ordered, that it shall be lawful for the Judge to hear and determine any suit of a civil nature which may be brought before him in the Supreme Consular Court of Constantinople, on appeal from the decision made by any Consul, with or without the aid of assessors; and such Consul, on notice of the intention of either party to the suit to appeal from his decision, shall forthwith furnish the Judge with a report of the case, with the notes taken by him of the evidence adduced at the trial, together
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