« EelmineJätka »
ments in first schedule.
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 6 & 7 Vict.
Act, 1843, applies. c. 94.
5 (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. Validity of 4. An Order in Council purporting to be made in pursuance of orders made under Fo
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, diction Acts.
1865, that is to say, the Act of the session of the twenty-eighth
be deemed a colony within that Act. Extension 5. In any country or place out of Her Majesty's dominions, in of Foreign
or to which any of Her Majesty's subjects are for the time being Jurisdiction Acts to resident or resorting, and which is not subject to any government countries
from whom Her Majesty might obtain power and jurisdiction by 20 without regular go- treaty or any of the other means mentioned in the Foreign Jurisvernments.
diction Act, 1813, 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.
25 Jurisdiction 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 Eastern
subjects being in any vessel at a distance of not more than one hun-
ment of Her Majesty's subjects being in China or in Japan.
both Houses of Parliament forthwith after it is made, if Parliament 35
the then next session of Parliament. Provisions 8.-(1.) An action, suit, prosecution, or proceeding against any for protec
any act done in pursuance or execution or intended tion of per• sons acting
execution of the Foreign Jurisdiction Acts, 1843 to 1878, or any 40 under
of them, or of any Order in Council made under the same, or of
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
aný such Order in Council, power, or jurisdiction as aforesaid, shall
commenced within six months next after the act, neglect,
injury or damage, within six months next after the ceasing 10 thereof, or where the cause of action arose out of Her Ma
jesty's dominions, within six months after the parties to
the jurisdiction of the court in which the same is instituted ;
(6.) nor in any of Her Majesty's courts without Her Majesty's 15 dominions, unless the cause of action arose within the juris
diction of that court, and the action is commenced within six
months next after the ceasing thereof.
before the same was commenced may be pleaded, in lieu of or in addition to any other plea. If ihe 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.