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amount, not exceeding 5s., as the Secretary of State may from time to time direct.

LXIII. In any case in the decision of which, under the Capitulations, Articles of Peace, and Treaties with the Sublime Ottoman Porte, any of Her Majesty's Consuls may or ought to concur, the Judge of the Supreme Consular Court or any Consul-General, Consul or Vice-Consul exercising jurisdiction under the present Order, shall be competent to act and shall exclusively act on the part and on behalf of Her Majesty.

LXIV. The Supreme or other Consular Court, according to its respective jurisdiction, original or appellate (as the case may require), and in conformity with the rules relating to suits between British subjects and appeals therein, may hear and determine any suit, proceeding, or question of a civil nature, instituted, taken, or raised by a British subject against a subject of the Sublime Ottoman Porte, or a subject or citizen of any other State in amity with Her Majesty, or by a subject of the Sublime Ottoman Porte, or a subject or citizen of any other State in amity with Her Majesty against a British subject:

Provided that the subject of the Sublime Ottoman Porte, or the subject or citizen of such other State as aforesaid, obtains and files in such court the consent in writing of the competent local authority on behalf of the Sublime Ottoman Porte or of the Consul of such other State (as the case may be) to his submitting, and does submit, to the jurisdiction of the Supreme or other Consular Court, and, if required, gives security to the satisfaction of the court, by deposit or otherwise, to pay fees, damages, costs, and expenses, and abide by and perform any such decision as may be given by the Supreme or other Consular Court originally or on appeal (as the case may require).

LXV. Where it is shown to the Supreme or other Consular Court that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a court or before a judicial officer of the Sublime Ottoman Porte, or in a court or before a judicial officer in the dominions of the Sublime Ottoman Porte of any State in amity with Her Majesty, the Supreme or other Consular Court may, in cases and under circumstances which would require the attendance of such British subject before one of Her Majesty's Consular Courts in the Ottoman dominions, and if it seems to the Supreme or other Consular Court, just and expedient so to do, issue a compulsory order for the attendance of such British subject in such court or before such judicial officer and for such purpose as aforesaid.

Any British subject, duly served with such an order and with reasonable notice of the time and place at which his attendance is

required, failing to attend accordingly and not excusing his failure to the satisfaction of the court making the order, shall be liable to a fine of not more than 1007. sterling, or to imprisonment for not more than 30 days, at the discretion of the court.

LXVI. The Judge of the Supreme Consular Court may from time to time frame rules for the effectual execution of the present Order, and for the observance of the Capitulations, Articles of Peace, and Treaties between Her Majesty and the Sublime Ottoman Porte, and for the maintenance of order among British subjects in the dominions of the Sublime Ottoman Porte, and for the regulation of procedure and pleading, forms of writs, and other proceedings, expenses of witnesses and prosecutions, costs and fees, in civil and criminal cases, in the Supreme Consular Court and other Consular Courts, and the regulation of appeals to the Supreme Consular Court from the other Consular Courts.

The rules shall be so framed as to secure, as far as may be, that cases shall be decided on their merits according to substantial justice without excessive regard to technicalities of pleading or procedure, and without unnecessary delay.

No rules shall take effect unless and until approved by one of Her Majesty's Principal Secretaries of State.

A copy of the present Order and of the rules for the time being in force shall be affixed and kept open and exhibited in some conspicuous place in the Supreme Consular Court and other Consular Courts respectively, and in every British Consulate in the dominions of the Sublime Ottoman Porte, and printed copies shall be provided and sold at such reasonable price as the Judge of the Supreme Consular Court may from time to time direct.

No penalty shall be enforced for the breach of any rule until the rule has been so affixed, kept open, and exhibited for one calendar month in the court of the district within which the breach of the rules is committed.

For the purpose of convicting any person committing a breach of any rule, and for all other purposes of law, a printed copy of the same, purporting to be certified under the hand of the Judge of the Supreme Consular Court, and the seal of the court or under the hand and consular seal of one of Her Majesty's Consuls-General, Consuls, or Vice-Consuls, shall be taken as conclusive evidence of the same, and no proof of the handwriting or seal purporting to certify the same shall be required.

LXVII. Nothing in the present Order or in the rules to be made under it shall be deemed to deprive the Supreme or any other Consular Court of the right to observe and to enforce the observance of any reasonable custom obtaining within the dominions of the Sublime Ottoman Porte, or to deprive any person of the benefit

thereof, except where the present Order or any rule contains some express and specific provision incompatible with the observance of such custom.

LXVIII. No suit or proceeding shall be commenced in the Supreme or other Consular Court against any person for anything done or omitted under the present Order, or any rule made under it, unless notice in writing is given by the intending plaintiff to the intended defendant one calendar month at least before the commencement of the suit or proceeding, nor unless it is commenced within 6 calendar months next after the act or omission complained of, or in case of a continuation of damage within 6 calendar months next after the doing of such damage has ceased.

The plaintiff shall not succeed in any such suit or proceeding if tender of sufficient amends is made by the defendant before the commencement thereof; and in case no tender has been made the defendant may, by leave of the court, at any time pay into court such sum of money as he may think fit, whereupon such proceeding and order shall be had and made in and by the court as may be had and made on the payment of money into court in an ordinary suit.

VI.-Appeal to Her Majesty in Council.

LXIX. Where any decision of the Supreme Consular Court is given in a civil case in respect of a sum or matter at issue of the amount or value of 5007. sterling or upwards, or determines directly or indirectly any claim or question respecting property or any civil right of the amount or value of 500l. sterling or upwards, any party aggrieved by the decision may, within 15 days after the same is given, apply by motion to the Supreme Consular Court for leave to appeal to Her Majesty in Council.

In case leave to appeal is applied for by a party adjudged to pay money or perform a duty, the Supreme Consular Court shall direct either that the decision appealed from be carried into execution, or that the execution thereof be suspended, pending the appeal, as the court may consider to be the more consistent with real and substantial justice.

In case the court directs the decision to be carried into execution, the party in whose favour it is given shall, before the execution of it, give security to the satisfaction of the court for the due performance of such Order as Her Majesty in Council may think fit to make.

In case the court directs the execution of the decision to be suspended pending the appeal, the party against whom the decision is given shall, before any order for suspension of execution, give security to the satisfaction of the court for the due performance of such Order as Her Majesty in Council may think fit to make.

In all cases security shall also be given by the appellant to the satisfaction of the court to an amount not exceeding 5007. sterling for the prosecution of the appeal, and for payment of all such costs as may be awarded to any respondent by Her Majesty in Council, or by the Lords of the Judicial Committee of Her Majesty's Privy Council.

If the last-mentioned security be given within one calendar month from the filing of the motion-paper for leave to appeal, then, and not otherwise, the Supreme Consular Court shall give leave to appeal, and the appellant shall be at liberty to prefer and prosecute his appeal to Her Majesty in Council according to the rules for the time being in force respecting appeals to Her Majesty in Council from her colonies, or such other rules as Her Majesty in Council may from time to time think fit to make concerning appeals from the Supreme Consular Court.

In any case other than the cases hereinbefore described, the Supreme Consular Court, if it considers it just or expedient so to do, may give leave to appeal on the terms and in the manner aforesaid.

The present Order shall not affect the right of Her Majesty at any time, on the humble petition of a party aggrieved by a decision of the Supreme Consular Court, to admit his appeal thereon on such terms and in such manner as Her Majesty in Council may think fit, and to deal with the decision appealed from in such manner as may be just. And the Right Honourable Lord John Russell, and the Most Noble the Duke of Newcastle, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.

EDMUND HARRISON.

ACT of the British Parliament, "to amend the Laws concerning Superannuations and other Allowances to Persons having held Civil Offices in the Public Service."

[22 Vict. cap. 26.]

[April 19, 1859.]

WHEREAS an Act was passed in the session holden in the 4th and 5th years of King William IV [cap. 24],* "to alter, amend, and consolidate the Laws for regulating the Pensions, Compensations, and Allowances to be made to Persons in respect of their having held Civil Offices in His Majesty's Service:" And whereas by an

* Vol. XXIII. Page 1217.

Act of the session holden in the 20th and 21st years of Her Majesty [cap. 37], sec. XXVII of the first-recited Act, by which an abatement was directed to be made from the salaries of civil servants entitled to superannuation allowance was repealed: and whereas it is desirable further to amend the said Act as hereinafter mentioned: 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:

I. Secs. X, XI, XIII, XIV, XV, XVII, XIX, and XXIV of the said Act of the 4th and 5th years of King William IV are hereby repealed, but such repeal shall not affect any pension, compensation, or superannuation allowance granted or act done before the passing of this Act.

II. Subject to the exceptions and provisions hereinafter contained, the superannuation allowance to be granted after the commencement of this Act to persons who shall have served in an established capacity in the permanent civil service of the State, whether their remuneration be computed by day pay, weekly wages, or annual salary, and for whom provision shall not otherwise have been made by Act of Parliament, or who may not be specially excepted by the authority of Parliament, shall be as follows (that is to say):

To any person who shall have served 10 years and upwards, and under 11 years, an annual allowance of ten-sixtieths of [the annual salary and emoluments of his office :

For 11 years, and under 12 years, an annual allowance of elevensixtieths of such salary and emoluments:

And in like manner a further addition to the annual allowance of one-sixtieth in respect of each additional year of such service, until the completion of a period of service of 40 years, when the annual allowance of forty-sixtieths may be granted; and no addition shall be made in respect of any service beyond 40 years:

Provided always, that if any question should arise in any department of the public service as to the claim of any person or class of persons for superannuation under this clause, it shall be referred to the Commissioners of the Treasury, whose decision shall be final.

III. Nothing herein contained shall interfere with the grant, to the officers and clerks who entered the public service prior to the 5th day of August, 1829, of such superannuation allowances as might hereafter have been granted to them under sec. IX of the said Act of the 4th and 5th years of King William IV, or shall prevent, restrict, or diminish any other superannuation allowance, pension, gratuity, or compensation which, if this Act had not been passed,

* Vol. XLVII. Page 524.

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