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A.D. 1878. this Act, or any enactments for the time being in force amending or substituted for the same, shall extend, with or without any exceptions, adaptations, or modifications in the Order mentioned, to any country or place to which for the time being the Foreign Jurisdiction Act, 1843, applies.

ments in first schedule.

6 & 7 Vict. c. 94.

Validity of orders made under Fo

diction Acts.

(2.) Thereupon those enactments shall operate as if that country or place were one of Her Majesty's Colonies, and as if Her Majesty in Council were the Legislature of that Colony.

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4. An Order in Council purporting to be made in pursuance of the Foreign Jurisdiction Acts, 1843 to 1878, or any of them, shall 10 reign Juris be deemed a colonial law within the Colonial Laws Validity Act, 1865, that is to say, the Act of the session of the twenty-eighth and twenty-ninth years of the reign of her present Majesty, chapter sixty-three, "to remove doubts as to the validity of colonial laws; and any country or place to which any such Order extends shall 15 be deemed a colony within that Act.

Extension of Foreign Jurisdiction Acts to countries

without regular go

vernments.

Jurisdiction

Eastern

seas.

5. In any country or place out of Her Majesty's dominions, in or to which any of Her Majesty's subjects are for the time being resident or resorting, and which is not subject to any government from whom Her Majesty might obtain power and jurisdiction by 20 treaty or any of the other means mentioned in the Foreign Jurisdiction Act, 1843, Her Majesty shall by virtue of this Act have power and jurisdiction, and the same shall be deemed power and jurisdiction had by Her Majesty therein within the Foreign Jurisdiction Act, 1843.

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6. It shall be lawful for Her Majesty the Queen in Council, from over ships in time to time, by Order, to make 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, any law that to Her Majesty in Council may seem meet, as fully and effectually as any 30 such law might be made by Her Majesty in Council for the government of Her Majesty's subjects being in China or in Japan.

Parliament.

Laying of 7. Every Order in Council made in pursuance of the Foreign Order before Jurisdiction Acts, 1843 to 1878, or any of them, shall be laid before both Houses of Parliament forthwith after it is made, if Parliament 35 be then in session, and if not, forthwith after the commencement of the then next session of Parliament.

Provisions for protection of per

under

8.-(1.) An action, suit, prosecution, or proceeding against any person for any act done in pursuance or execution or intended execution of the Foreign Jurisdiction Acts, 1843 to 1878, or any 40 of them, or of any Order in Council made under the same, or of

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any such power or jurisdiction of Her Majesty as is mentioned in A.D. 1878. the said Acts or any of them, or in respect of any alleged neglect Foreign or default in the execution of the said Acts or any of them, or of Jurisdiction any such Order in Council, power, or jurisdiction as aforesaid, shall Acts. 5 not lie or be instituted

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(a.) in any court within Her Majesty's dominions, unless it is

commenced within six months next after the act, neglect, or default complained of, or in case of a continuance of injury or damage, within six months next after the ceasing thereof, or where the cause of action arose out of Her Majesty's dominions, within six months after the parties to such action, suit, prosecution, or proceeding have been within the jurisdiction of the court in which the same is instituted; (b.) nor in any of Her Majesty's courts without Her Majesty's dominions, unless the cause of action arose within the jurisdiction of that court, and the action is commenced within six months next after the act, neglect, or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof.

(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, 25 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 30 injunction in the action, suit, or proceeding.

(3.) So far as regards any action, suit, prosecution, or proceeding instituted after the passing of this Act, the provisions of this section shall supersede any provision for a like purpose which is contained in any Order in Council under the Foreign Jurisdiction Acts, 1843 35 to 1875, and is in force at the passing of this Act, and such provision shall cease to have any effect.

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