Assistant Judge of Supreme Court. 5. (a.) The Assistant Judge of the Supreme Court shall be, at the time of his appointment, a member of the Bar of England, Scotland, or Ireland, of seven years' standing. (b.) The Assistant Judge shall hear and determine such causes and matters, civil and criminal, and transact such other business of the Supreme Court as the Judge of the Supreme Court from time to time, by general order or otherwise, directs. (c.) For that purpose the Assistant Judge shall have all the like jurisdiction, power, and authority as the Judge. (d.) Any party to a civil suit or proceeding, wherein any matter or question is heard and determined by the Assistant Judge, and any party to a criminal proceeding, other than a proceeding by summary trial, wherein any question of law is heard and determined by the Assistant Judge, shall be entitled, as of course, to a re-hearing of the matter or question aforesaid before the Judge, sitting with the Assistant Judge, or, in the unavoidable absence of the Assistant Judge, alone; providing that an application for the re-hearing be made within three days after the day of the decision of the Assistant Judge. (e.) If, on such re-hearing, there is a difference of opinion between the Judge and the Assistant Judge, the opinion of the Judge shall prevail. Acting Judge or Acting Assistant Judge of Supreme Court. 6. In case of the death or illness, or the absence or intended absence from the district of the Consulate-General of Constantinople, of the Judge or Assistant Judge of the Supreme Court, Her Majesty's Ambassador may appoint a fit person to be the Acting Judge or to be the Acting Assistant Judge, as the case may require; but unless in any case the Secretary of State otherwise directs, the Assistant Judge, if present, and able to act, shall always be appointed to be the Acting Judge. Offences on board Ship. 7. Section 11 of "The Merchant Shipping Act, 1867,"* is hereby extended to the Ottoman dominions, with such adaptations and modifications that the same will, as regards those dominions, read as follows (namely): : If in the Mediterranean Sea or the Sea of Azoff, or if in the Adriatic, Ægean, or Black Sea, out of Ottoman waters, a British subject commits an offence on board a British ship, or on board a foreign ship to which he does not belong, the Supreme Court, sitting within the district of the Consulate-General of Constantinople, shall have jurisdiction to hear and determine the case as if the offence had been committed on board a British ship in 30 & 31 Vict. c. 124. See Vol. 14. Page 704. Ottoman waters; and the Supreme Court may exercise that jurisdiction accordingly if in any case the Court in its discretion, having regard to all the circumstances, thinks it fit and expedient so to do. Detention of Ship. 8. Where the Supreme Court issues a summons or warrant against any person on a charge of an offence committed on. board of or in relation to a British ship, then, if it appears to the Court that the interests of public justice so require, the Supreme Court may issue a warrant or order for the detention of the ship, being within the district of the Consulate-General of Constantinople, and may cause the ship to be detained accordingly, until the charge is heard and determined, and the order of the Court thereon is fully executed, or for such shorter time as the Court thinks fit; and the Supreme Court shall have power to make from time to time all such orders as appear to it necessary or proper for carrying this provision into effect. Offences partly out of Jurisdiction. 9. "The Admiralty Offences Colonial Act, 1860,"* is hereby extended to the Ottoman dominions, with such adaptations and modifications that the same will, as regards those dominions and the jurisdiction of the Court, read as follows (namely) : Where a person, being feloniously stricken, poisoned, or otherwise hurt, in the Ottoman dominions, dies of such stroke, poisoning, or hurt, on the sea, or out of the Ottoman dominions, then every offence committed in respect of any such case, whether amounting to murder or to manslaughter, or to the being accessory before the fact to murder, or after the fact to murder or to manslaughter, may be dealt with, inquired of, tried, determined, and punished in the Ottoman dominions, in all respects as if such offence had been wholly committed in the Ottoman dominions. Fugitive Offenders. 10. "The Fugitive Offenders Act, 1881,"t except Part II thereof, or so much thereof except that part as is for the time being in force, and any enactment for the time being in force amending or substituted for the same, are hereby extended to the Ottoman dominions, with the adaptations following (namely) : (i.) Her Majesty's Ambassador is hereby substituted for the Governor of a British Possession; (ii) The Supreme Court, or the Court for Egypt, or the Court for Tunis (as the case requires), is hereby substituted for a Superior Court in a British Possession; (iii.) Each Court under "The Ottoman Order in Council, 1873," * 23 & 24 Vict. c. 122. See Vol. 11. Page 266. 45 & 46 Vict. c. 69. See Page 635. according to its jurisdiction, is substituted for a Magistrate of any part of Her Majesty's dominions. Coroners' Inquests. 11. (a.) The Supreme Court shall, for and within the district of the Consulate-General of Constantinople, and the Court for Egypt shall, for and in Egypt, and the Court for Tunis shall for and in Tunis, have and discharge all the powers, rights, and duties appertaining to the office of Coroner in England, in relation not only to deaths of British subjects happening in that respective district or country, but also to deaths of any persons having happened at sea on board British ships arriving in that respective district or country, and to deaths of British subjects having happened at sea on board foreign ships so arriving. (b.) Every inquest shall be held with a jury of not less than three persons comprised in the jury list of the Court summoned for that purpose. (c.) If any person fails to attend according to such summons, he shall be liable to the like fine, to be levied in the like manner as is in "The Ottoman Order in Council, 1873," provided with respect to juries in civil and criminal proceedings. Jurisdiction as regards Embassy. 12. The Court shall not exercise any jurisdiction in any proceeding whatsoever over Her Majesty's Ambassador, or his official or other residences, or his official or other property; nor shall the Court, except with the consent of Her Majesty's Ambassador, signified in writing to the Court, exercise any jurisdiction in a civil action or proceeding over any person attached to or being a member of Her Majesty's Embassy, or being a domestic servant of Her Majesty's Ambassador. Evidence. 13. If in any case it is made to appear to the Court that the attendance of Her Majesty's Ambassador, or of any person attached to or being a member of Her Majesty's Embassy, or being a domestic servant of Her Majesty's Ambassador, to give evidence before the Court, is requisite in the interest of justice, the Court shall address to Her Majesty s Ambassador a request in writing for such attendance. 14. A person attending to give evidence before the Court shall not be compellable to give any evidence or to produce any document if, in the opinion of Her Majesty's Ambassador, signified by him personally or in writing to the Court, the giving or production thereof would be injurious to Her Majesty's Service. 15. Sections 7 and 11 of "The Evidence Act, 1851,"* are hereby extended to the Ottoman dominions. VOL. XV. * 14 & 15 Vict., c. 99. See Vol. 9. Page 329. 2 F 16. The following Acts (namely): "The Foreign Tribunals Evidence Act, 1856,"*"The Evidence by Commission Act, 1859,"† or so much thereof as is for the time being in force, and any enactment for the time being in force amending or substituted for the same, are hereby extended to the Ottoman dominions, with the adaptations following (namely) : The Supreme Court, or the Court for Egypt, or the Court for Tunis (as the case requires) is hereby substituted for a Supreme Court in a Colony. Ascertainment of Law. 17. The following Acts (namely): "The British Law Ascertainment Act, 1859," "The Foreign Law Ascertainment Act, 1861,"§ or so much thereof as is for the time being in force, and any enactment for the time being in force amending or substituted for the same, are hereby extended to the Ottoman dominions, with the adaptations following (namely) : The Supreme Court, or the Court for Egypt, or the Court for Tunis (as the case requires), is hereby substituted for a Superior Court in a Colony. Probate. 18. (a.) Where probate, administration, or confirmation is granted in England, Ireland, or Scotland, and therein, or by a memorandum thereon signed by an officer of the Court granting the same, the testator or intestate is stated to have died domiciled in England, Ireland, or Scotland (as the case may be), and the probate, administration, or confirmation is produced to, and a copy thereof is deposited with, the Supreme Court, the Court shall write thereon a certificate of that production and deposit; and thereupon, notwithstanding anything in "The Ottoman Order in Council, 1873," the probate, administration, or confirmation shall, with respect to the personal property in the Ottoman dominions of the testator or intestate, have the like effect as if he had been resident in those dominions at his death, and probate or administration to his personal property there had been granted by the Supreme Court. (b.) Any person who, in reliance on an instrument purporting to be a probate, administration, or confirmation granted in England, Ireland, or Scotland, and to bear such a certificate of the Supreme Court as in this Article prescribed, makes or permits any payment or transfer, in good faith, shall be, by virtue of this Order, indemnified and protected in respect thereof, in the Ottoman dominions, notwithstanding anything affecting the validity of the probate, administration, or confirmation. * 19 & 20 Vict., c. 113. See Vol. 10. Page 441. (c.) The following shall be the terms of the certificate of the Supreme Court in this Article prescribed (namely) : This probate has [or these letters of administration have, or this confirmation has been produced to this Court, and a copy thereof has been deposited with this Court. 19. Section 51 of "The Conveyancing (Scotland) Act, 1874,"* and any enactment for the time being in force amending or substituted for the same, are hereby extended to the Ottoman dominions, with the adaptation following (namely) : The Supreme Court is hereby substituted for a Court of Probate in a Colony. Recovery against Ships. 20. Where money ordered by the Court to be paid is due for seamen's wages, or is other money recoverable under the Merchant Shipping Acts or other law relating to ships, and the person ordered to pay is master or owner of a ship, and the money is not paid as ordered, the Court, in addition to other powers for compelling payment, shall have power to direct that the amount unpaid be levied by seizure and sale of that ship. Judicial Notice. 21. Judicial notice shall be taken of "The Ottoman Order in Council, 1873," and of the several Orders in Council amending the same, passed or to be passed, and of this Order, and of the appointment of all Judges, officers, and persons acting thereunder, and of their signatures, and of all seals used thereunder, and no proof thereof shall be necessary. And the Right Honourable the Earl Granville, one of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Treasury, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain. C. L. PEEL. UNITED STATES. POSTAL CONVENTION between the United States and Canada. March 25, 1851. Articles of Agreement between the Post Office Department of the 37 & 38 Vict., c. 94. |