6. Morocco.

THE MOROCCO ORDER IN COUNCIL, 1889.

At the Court at Windsor, the 28th day of November 1889.

Whereas by treaty, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction, in relation to Her Majesty's subjects and others, within the dominions of His Majesty the Sultan of Morocco and Fez:

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, or otherwise, in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1. Preliminary.

Short Title.

1. This Order may be cited as the Morocco Order in Council, 1889.

Commencement.

2.-(1.) This Order shall take effect at the expiration of one month after it is first exhibited in the public office of the Consulate at Tangier.

(2.) For that purpose the Consul at Tangier shall forthwith, on the receipt by him from the Consul-General of a certified printed copy of this Order, affix and exhibit the same conspicuously in that office.

(3.) He shall also keep the same so affixed and exhibited during one month from that first exhibition.

(4.) Notice of the time of that first exhibition shall, as soon as practicable, be published at each of the other Consulates in Morocco, in such manner as the Consul-General directs.

Proof shall not in any proceeding or matter be required that the provisions of this article have been complied with, nor shall any act or proceeding be invalidated by any failure to comply with any of such provisions.

Repeal.

3. The following Orders in Council relating to the exercise of Her Majesty's power and jurisdiction in Morocco are hereby

* 6 & 7 Vict. e. 94; 29 & 30 Vict. c. 87; 38 & 39 Viet. c. 85; 41 & 42 Viet. c. 67; repealed and consolidated by the Foreign Jurisdiction Act, 1890 (53 & 54 Việt. c. 37).

repealed, subject to the exceptions and qualifications in this Order mentioned, namely:

(i.) The Order in Council dated the 27th August, 1857.* (ii) The Order in Council dated the 4th February, 1875.†

Interpretation.

4. In the construction of this Order the following words and expressions shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant thereto; that is to say

(i.) "Morocco," or the expression "the limits of this Order,"

means the dominions of His Majesty the Sultan of Morocco and Fez (in this Order referred to as the Sultan of Morocco), including Moorish waters, that is to say, the territorial waters of those dominions; (ii.) "The Secretary of State" means one of Her Majesty's Principal Secretaries of State;

(iii.) "Her Majesty's Minister " means Her Majesty's Minister Plenipotentiary, Chargé d'Affaires, or other chief diplomatic representative in Morocco for the time being;

(iv.) "The Consul-General" means Her Majesty's ConsulGeneral in Morocco for the time being, including a person acting temporarily, with the approval of the Secretary of State, as or for Her Majesty's ConsulGeneral, either generally or for the purpose of performing the judicial functions of the Consul-General ; (v.) "Consular Officer means a Consul, Vice-Consul, or Consular Agent of Her Majesty in Morocco, including a person acting temporarily, with the approval of the Secretary of State, as or for a Consul, ViceConsul, or Consular Agent of Her Majesty, but does not include the Consul-General, or an Acting ConsulGeneral;

(vi.) "Commissioned consular officer means a consular officer, not being merely a consular agent, and holding a commission from Her Majesty, including a person acting temporarily, with the approval of the Secretary of State, as or for such a consular officer;

(vii.) "Superintending Consul" means a commissioned consular officer having, by virtue of his commission or appointment, or by authority of the Secretary of State, either generally or for all or any of the purposes of this Order, superintendence over any uncommissioned consular officer;

(viii.) "Uncommissioned consular officer" means a consular officer not holding such a commission, including a person acting temporarily, with the approval of

*Published in London Gazette," October 2nd, 1857, p. 3285.
† Published in "London Gazette," February 5th, 1875, p. 452.

the Secretary of State, as or for such a consular

officer; (ix.) "Consulate" and "consular office" refer to the Consulate and office of a consular officer;

(x.) "Consular district means the district in and for which a consular officer usually acts, or for which he may be authorised to act, for all or any of the purposes of this Order by authority of the Secretary of State:

(xi.) "British subject" means a subject of Her Majesty by
birth or by naturalisation;

(xii.) "British-protected person" means a person properly
enjoying Her Majesty's protection in Morocco,
including, by virtue of the Act 39 & 40 Vict. c. 46,*
all subjects of the several Princes and States in India
in alliance with Her Majesty, residing or being in
Morocco;
(xiii.) "Resident

Morocco;

means having a fixed place of abode in

(xiv.) "Moorish subject" means a subject of the Sultan of

Morocco;

(xv.) "Foreigner" means a subject or citizen of a state in amity with Her Majesty other than Morocco;

(xvi.) "The Supreme Court of Gibraltar,” or “The Supreme Court," means the Supreme Court of Her Majesty's garrison and territory of Gibraltar;

(xvii.) "The Court for Morocco," or "The Court," means the Court established by this Order; and " the Court" also includes the Supreme Court, or a Judge thereof acting in Morocco;

(xviii.) "Offence" includes crime, and any act punishable criminally, in a summary way or otherwise; (xix.) Prosecutor means complainant or any any person appointed or allowed by the Court to prosecute ;

(xx.) "Month" means calendar month;

(xxi.) "Pounds" means pounds sterling;

(xxii.) "Will" means will, codicil, or other testamentary instrument;

(xxiii.) “Administration means (unless a contrary intention appears from the context) letters of administra

tion, including the same with will annexed, or granted for special or limited purposes;

(xxiv.) "Paper" includes deed, memorandum,

document:

or other

(xxv.) "Ship" includes any vessel used in navigation, howsoever propelled, with her tackle, furniture, and apparel, and any boat or other craft;

(xxvi.)" Office copy means a copy, either made under direction of the Court, or produced to the proper

* The Slave Trade Act, 1876. Section 4 of this Act is repealed and consolidated by the Foreign Jurisdiction Act, 1890 (53 & 54 Vict. c. 37), ss. 15, 18.

officer of the Court for examination with the original, and examined by him therewith, and in either case sealed with the seal of the Court, as evidence of correctness;

(xxvii.) "Oath " and

"Affidavit," and words referring thereto, or to swearing, include affirmation and declaration, and refer thereto, or to the making of an affirmation or declaration, where an affirmation or declaration is admissible in lieu of an oath or affidavit ;

(xxviii.) "Proved ' means shown by evidence on oath, in the form of affidavit, or other form, to the satisfaction of the Court, or of the member or officer thereof acting or having jurisdiction in the matter; (xxix.) "Proof" means the evidence adduced in that behalf; (xxx.)" Person" includes corporation;

(xxxi.) Words importing the plural or the singular, may

be construed as referring to one person or thing, or to more than one person or thing, and words importing the masculine as referring to females (as the case may require).

II.-Application and Effect of Order.

5. The jurisdiction hereby conferred shall extend to the persons and matters following, in so far as by treaty, grant, usage, sufferance, or other lawful means Her Majesty has jurisdiction in relation to such persons and matters, that is to say :

(1.) All persons within the limits of this Order who are
British subjects by birth or naturalisation, or are
otherwise for the time being subject to British law.
(2.) All British-protected persons within the said limits.
(3.) The property and all personal or proprietary rights
and liabilities within the said limits of any such
persons as before mentioned, or situate for the time
being within the said limits, and belonging to British
subjects or protected persons, although such sub-
jects or persons may not be within the said limits.
(4.) Moorish subjects in the cases specified in this Order.
(5.) All other persons, whether natives of Africa or not,
and whether subjects of any non-African Power
or not, who submit themselves to the jurisdiction
in accordance with this Order, and who give such
security as the Consular Court requires for obedience
to the order of the Court.

(6.) British ships, with their boats, and the persons and
property on board thereof, or belonging thereto,
being on the coasts or in the harbours or waters of
any country or place within the limits of this Order.
(7.) Natives of Africa being subjects of any native King
or Chief, who, by treaty or otherwise, consents
to their being subject to the jurisdiction.

Crimes, offences, wrongs, and breaches of contract committed against or affecting the person, property, or rights of natives of Morocco, or other persons not being British subjects, committed by persons subject to this Order, are punishable or otherwise cognisable under the provisions of this Order, with the consent of such natives or persons, in the same manner as if they were committed against or affected the person, property, or rights of British subjects.

6. All Her Majesty's jurisdiction exerciseable in Morocco for the hearing and determination of criminal or civil matters, or for the maintenance of order, or for the control or administration of persons or property, or in relation thereto, shall be exercised under and according to the provisions of this Order, and not otherwise.

III.-Court for Morocco: Supreme Court of Gibraltar.

7. (1.) There shall be and there is hereby established a Court. styled Her Britannic Majesty's Consular Court for Morocco. (2.) Subject to the other provisions of this Order, Her Majesty's jurisdiction in Morocco shall be and is hereby vested in the Court for Morocco.

(3.) The members of the Court shall be the consular officers; but

(i) as regards the commissioned consular officers, with such exceptions, if any, as the Secretary of State from time to time thinks fit to make; and

(ii) as regards the uncommissioned consular officers, with such exceptions, if any, as the Consul-General from time to time thinks fit to make by writing signed by him.

(4.) Each member of the Court, in exercising the jurisdiction thereof in conformity with this Order, shall for the purposes of this Order be deemed to form and be the Court; and the term "the Court for Morocco," or " the Court," or " the Consular Court," in this Order includes and applies to the Court for Morocco and every member so exercising jurisdiction, and to the Consul-General when exercising jurisdiction under this Order.

(5.) The jurisdiction of the Court shall, for and within each consular district, be exercised, subject and according to the provisions of this Order, and to any directions of the Secretary of State, by the consular officers for that district.

(6.) Nevertheless, each superintending Consul shall, subject and according to the provisions of this Order, have in all matters, criminal and civil, an original jurisdiction concurrent with the jurisdiction of the several uncommissioned consular officers within his district.

8. The Court shall have a seal, bearing the style of the Court and such device as the Secretary of State from time to time approves, but until such a seal is provided, a stamp, bearing the words Court for Morocco, may be used instead thereof.