New Zealand Gazette – 1891 – No. 4

Page 34

✨ Text of legislation

THE NEW ZEALAND GAZETTE.
[No. 4

foreign country in which his offence is alleged to have been committed, so far as that law relates to the criminality of the act alleged to have been committed, or the nature or degree of the offence, or the punishment thereof, if the law differs in those respects from the law in force in that British possession.

(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.

Where an offender convicted before a British Court in a foreign country has been sentenced by that Court to suffer death, penal servitude, imprisonment, or any other punishment, the sentence shall be carried into 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.
Where, by Order in Council made in pursuance of this Act, any British Court in a foreign country is authorised to order the removal or deportation of any person from that country, that removal or deportation, 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.
It shall be lawful for Her Majesty the Queen in Council, by order, to assign to or confer on any Court in any British possession, or held under the authority of Her Majesty, any jurisdiction, civil or criminal, original or appellate, which may lawfully by Order in Council be assigned to or conferred on any British Court in any foreign country, and to make such provisions and regulations as to Her Majesty in Council seem meet 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.
It shall be lawful for Her Majesty the Queen in Council to revoke or vary any Order in Council made in pursuance of this Act.
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.
(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, 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.

(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 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 the action, suit, prosecution, or proceeding have been within the jurisdiction of the Court in which the same is instituted; nor

(b.) 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 pro-

ceeded 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.

It shall be lawful for Her Majesty the Queen in Council to make any law that may seem meet 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, as fully and effectively as any such law might be made by Her Majesty in Council for the government of Her Majesty’s subjects being in China or in Japan.
Where any Order in Council made in pursuance of this Act extends to persons enjoying Her Majesty’s protection, that expression shall include all subjects of the several princes and States in India.
In this Act,—

The expression “foreign country” means any country or place out of Her Majesty’s dominions:

The expression “British Court in a foreign country” means any British Court having jurisdiction out of Her Majesty’s dominions in pursuance of an Order in Council whether made under any Act or otherwise:

The expression “jurisdiction” includes power.

The Acts mentioned in the Second Schedule to this Act may be revoked or varied by Her Majesty by Order in Council.
The Acts mentioned in the Third Schedule to this Act are hereby repealed to the extent in the third column of that Schedule mentioned: Provided that—

(1.) Any Order in Council, commission, or instructions made or issued in pursuance of any enactment repealed by this Act shall, if in force at the passing of this Act, continue in force until altered or revoked by Her Majesty as if made in pursuance of this Act; and shall, for the purposes of this Act, be deemed to have been made or issued under and in pursuance of this Act; and

(2.) Any enactment, Order in Council, or document referring to any enactment repealed by this Act shall be construed to refer to the corresponding enactment of this Act.

(1.) This Act may be cited as “The Foreign Jurisdiction Act, 1890.”

(2.) The Acts whereof the Short Titles are given in the First Schedule to this Act may be cited by the respective Short Titles given in that Schedule.

FIRST SCHEDULE.

Session and Chapter.	Title.	Enactments which may be extended by Order in Council.	Short Title.
12 & 13 Vict., c. 96	An Act to provide for the Prosecution and Trial in Her Majesty’s Colonies of Offences committed within the Jurisdiction of the Admiralty	The whole Act	Admiralty Offences (Colonial) Act, 1849.
14 & 15 Vict., c. 99	An Act to amend the Law of Evidence	Sections 7 and 11	Evidence Act, 1851.
17 & 18 Vict., c. 104	The Merchant Shipping Act, 1854	Part X.
19 & 20 Vict., c. 113	An Act to provide for taking Evidence in Her Majesty’s Dominions in relation to Civil and Commercial Matters pending before Foreign Tribunals	The whole Act	Foreign Tribunals Evidence Act, 1856.
22 Vict., c. 20	An Act to provide for taking Evidence in Suits and Proceedings pending before Tribunals in Her Majesty’s Dominions, in Places out of the Jurisdiction of such Tribunals	The whole Act	Evidence by Commission Act, 1859.
22 & 23 Vict., c. 63	An Act to afford Facilities for the more certain Ascertainment of the Law	The whole Act	British Law Ascertainment Act, 1859.

VUW Te Waharoa — NZ Gazette 1891, No 4

In 1865 Parliament moved to Wellington and sat in the Wellington Provincial Council Chambers (depicted). Gradually expanded into a larger complex of buildings, it was replaced by the General Assembly Library in 1899

✨ LLM interpretation of page content

🌏 Foreign Jurisdiction Act, 1890 (continued from previous page)

Domain🌏 External Affairs & Territories
Dated4 August 1890
KeywordsForeign Jurisdiction, Criminal Law, British Courts, Foreign Countries, Orders in Council, Parliament, Protection, Subjects, Repeal, Schedules

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