Remitter of case back to Foreign Law Ascertainment. 24 & 25 VICT. c. 11, 1861. Provided always, that if after having obtained such certified copy the foreign court. court shall not be satisfied that the facts had been properly understood Courts in dominions shall pronounce opinion on case remitted by a by the foreign court to which the case was remitted, or shall on any ground whatsoever be doubtful whether the opinion so certified does correctly represent the foreign law as regards the facts to which it is to be applied, it shall be lawful for such court to remit the said case, either with or without alterations or amendments, to the same or to any other such superior court in such foreign state as aforesaid, and so from time to time as may be necessary or expedient. 3. If in any action depending in any court of a foreign country or Her Majesty's state with whose Government Her Majesty shall have entered into a convention as above set forth, such court shall deem it expedient to ascertain the law applicable to the facts of the case as administered in any part of Her Majesty's dominions, and if the foreign court in foreign court. which such action may depend shall remit to the court in Her Majesty's dominions whose opinion is desired a case setting forth the facts and the questions of law arising out of the same on which they desire to have the opinion of a court within Her Majesty's dominions, it shall be competent to any of the parties to the action to present a petition to such last-mentioned court whose opinion is to be obtained, praying such court to hear parties or their counsel, and to pronounce their opinion thereon in terms of this Act, or to pronounce their opinion without hearing parties or counsel; and the court to which such petition shall be presented shall consider the same, and, if they think fit, shall appoint an early day for hearing parties or their counsel on such case, and shall pronounce their opinion upon the questions of law as administered by them which are submitted to them by the foreign court; and in order to their pronouncing such opinion they shall be entitled to take such further procedure thereupon as to them shall seem proper; and upon such opinion being pronounced a copy thereof, certified by an officer of such court, shall be given to each of the parties to the action by whom the same shall be required. Interpretation of terms. 4. In the construction of this Act the word "action" shall include every judicial proceeding instituted in any court, civil, criminal, or ecclesiastical; and the words "Superior Courts" shall include, in England, the Superior Courts of Law at Westminster, the Lord Chancellor, the Lords Justices, the Master of the Rolls, or any Vice-Chancellor, the judge of the Court of Admiralty, the judge ordinary of the Court for Divorce and Matrimonial Causes, and the judge of the Court of Probate; in Scotland, the High Court of Justiciary, and the Court of Session, acting by either of its divisions; in Ireland, the Superior Courts of Law at Dublin, the Master of the Rolls, and the judge of the Admiralty Court; and in any other part of Her Majesty's dominions, the Superior Courts of Law or Equity therein; and in a foreign country or state, any superior court or courts which shall be set forth in any such convention between Her Majesty and the Government of such foreign country or state. FOREIGN ENLISTMENT. See ENLISTMENT. FOREIGN JURISDICTION. See JURISDICTION. HABEAS CORPUS.-JURISDICTION. 25 & 26 VICT. C. 20, 1862. Habeas Corpus. 53 & 54 VICT. c. 37, 1890. FOREIGN LAW ASCERTAINMENT. See EVIDENCE. FOREIGN MARRIAGE. See MARRIAGE. FOREIGN TRIBUNALS, EVIDENCE of. FUGITIVE OFFENDERS. See CRIMINAL LAW. GOVERNORS. See CONSTITUTION; PUBLIC SERVICE. 4651 HABEAS CORPUS. THE HABEAS CORPUS ACT, 1862. An Act respecting the Issue of Writs of Habeas Corpus 25 & 26 Vict. out of England into Her Majesty's Possessions Abroad.† c. 20. CORPUS ACT, [16TH MAY, 1862.] 1862.* England into 1. No writ of habeas corpus shall issue out of England, by authority writ not to of any judge or court of justice therein, into any colony or foreign issue out of dominion of the Crown where Her Majesty has a lawfully established any colony, court or courts of justice having authority to grant and issue the said &c., having a writ, and to ensure the due execution thereof throughout such colony or authority to dominion. 2. Provided that nothing in this Act contained shall affect or interfere with any right of appeal to Her Majesty in Council now by law existing. court with grant such writ. Saving of right of appeal to Her Majesty in Council. JUDICIAL COMMITTEE. JURISDICTION. THE FOREIGN JURISDICTION ACT, 1890. An Act to consolidate the Foreign Jurisdiction Acts.‡ 53 & 54 Vict. c. 37. [4TH AUGUST, 1890.] THE FOREIGN WHEREAS by treaty, capitulation, grant, usage, sufferance, and JURISDICTION other lawful means, Her Majesty the Queen has jurisdiction [Preamble.] within divers foreign countries, and it is expedient to consolidate the Acts relating to the exercise of Her Majesty's jurisdiction out of Her dominions: Short title given, 59 & 60 Vict. c. 14. Printed as amended by Statute Law Revision Act, 1893. Exercise of jurisdiction in foreign country. Exercise of jurisdiction over British subjects in countries without regular governments. Validity of acts done in pursuance of jurisdiction. Evidence as to existence or extent of jurisdiction in foreign country. Power to extend enactments in First Schedule. Power to send persons charged with offences for trial to a British possession. Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. It is and shall be lawful for Her Majesty the Queen to hold, exercise, and enjoy any jurisdiction which Her Majesty now has or may at any time hereafter have within a foreign country in the same and as ample a manner as if Her Majesty had acquired that jurisdiction by the cession or conquest of territory. 2. Where a foreign country is not subject to any government from whom Her Majesty the Queen might obtain jurisdiction in the manner recited by this Act, Her Majesty shall by virtue of this Act have jurisdiction over Her Majesty's subjects for the time being resident in or resorting to that country, and that jurisdiction shall be jurisdiction of Her Majesty in a foreign country within the meaning of the other provisions of this Act. 3. Every act and thing done in pursuance of any jurisdiction of Her Majesty in a foreign country shall be as valid as if it had been done according to the local law then in force in that country. 4. If in any proceeding, civil or criminal, in a court in Her Majesty's dominions or held under the authority of Her Majesty any question arises as to the existence or extent of any jurisdiction of Her Majesty in a foreign country, a Secretary of State shall, on the application of the court, send to the court within a reasonable time his decision on the question, and his decision shall for the purposes of the proceeding be final. (2.) The court shall send to the Secretary of State, in a document under the seal of the court, or signed by a judge of the court, questions framed so as properly to raise the question, and sufficient answers to those questions shall be returned by the Secretary of State to the court, and those answers shall, on production thereof, be conclusive evidence of the matters therein contained. 5. (1.) It shall be lawful for Her Majesty the Queen in Council, if she thinks fit, by Order to direct that all or any of the enactments described in the First Schedule to 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 foreign country in which for the time being Her Majesty has jurisdiction. (2.) Thereupon those enactments shall, to the extent of that jurisdiction, operate as if that country were a British possession, and as if Her Majesty in Council were the Legislature of that possession. 6. (1.) Where a person is charged with an offence cognizable by a British court in a foreign country, any person having authority derived from Her Majesty in that behalf may, by warrant, cause the person so charged to be sent for trial to any British possession for the time being appointed in that behalf by Order in Council, and upon the arrival of the person so charged in that British possession, such criminal court of that possession as is authorised in that behalf by Order in Council, or, if no court is so authorised, the supreme criminal court of that possession, may cause him to be kept in safe and proper custody, and so soon as conveniently may be may inquire of, try, and determine the offence, and on conviction punish the offender according to the laws in force in that behalf within that possession in the same manner as if the offence had been committed within the jurisdiction of that criminal court. (a) A person so charged may, before being so sent for trial, tender () In such case the British court in the foreign country shall (c) Thereupon the court of the British possession before which (d) The court of the British possession shall admit and give (2.) Nothing in this section shall alter or repeal any law, statute, or usage by virtue of which any offence committed out of Her Majesty's dominions may, irrespectively of this Act, be inquired of, tried, determined, and punished within Her Majesty's dominions, or any part thereof. to place of convicted. 7. Where an offender convicted before a British court in a foreign Provision as country has been sentenced by that court to suffer death, penal servitude, punishment imprisonment, or any other punishment, the sentence shall be carried into of persons effect in such place as may be directed by Order in Council or be determined in accordance with directions given by Order in Council, and the conviction and sentence shall be of the same force in the place in which the sentence is so carried into effect as if the conviction had been made and the sentence passed by a competent court in that place. under Order 8. Where by Order in Council made in pursuance of this Act, any validity of British court in a foreign country is authorised to order the removal or acts done deportation of any person from that country, that removal or deportation, in Council. and any detention for the purposes thereof, according to the provisions of the Order in Council, shall be as lawful as if the order of the court were to have effect wholly within that country. jurisdiction 9. It shall be lawful for Her Majesty the Queen in Council, by Order, Power to to assign to or confer on any court in any British possession, or held assign under the authority of Her Majesty, any jurisdiction, civil or criminal, to British original or appellate, which may lawfully by Order in Council be assigned courts in to or conferred on any British court in any foreign country, and to make Foreign such provisions and regulations as to Her Majesty in Council seem meet Act. cases within Jurisdiction Power to respecting the exercise of the jurisdiction so assigned or conferred, and respecting the enforcement and execution of the judgments, decrees, orders, and sentences of any such court, and respecting appeals therefrom. 10. It shall be lawful for Her Majesty the Queen in Council to amend Orders revoke or vary any Order in Council made in pursuance of this Act. in Council. Laying before and effect of In what cases Council void for repugnancy. Provisions for Acts. 11. Every Order in Council made in pursuance of this Act shall be laid before both Houses of Parliament forthwith after it is made, if Parliament be then in session, and if not, forthwith after the commencement of the then next session of Parliament, and shall have effect as if it were enacted in this Act. 12. (1.) If any Order in Council made in pursuance of this Act as respects any foreign country is in any respect repugnant to the provisions of any Act of Parliament extending to Her Majesty's subjects in that country, or repugnant to any order or regulation made under the authority of any such Act of Parliament, or having in that country the force and effect of any such Act, it shall be read subject to that Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be void. (2.) An Order in Council made in pursuance of this Act shall not be, or be deemed to have been, void on the ground of repugnancy to the law of England unless it is repugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid. 13. (1.) An action, suit, prosecution, or proceeding against any person for any act done in pursuance or execution or intended execution of this Act, or of any enactment repealed by this Act, or of any Order in Council made under this Act, or of any such jurisdiction of Her Majesty as is mentioned in this Act, or in respect of any alleged neglect or default in the execution of this Act, or of any such enactment, Order in Council, or jurisdiction as aforesaid, shall not lie or be instituted— (a) In any court within Her Majesty's dominions, unless it is (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, 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 injunction in the action, suit, or proceeding. |