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the purposes of this Act be equivalent to a warrant of ore of Her Majesty's Principal Secretaries of State;
A magistrate may administer an oath for any of the purposes of this Act;
The warrant of any police magistrate of the metropolis issued in pursuance of this Act may be executed in any part of England in the same manner as if the same had been originally issued or subsequently endorsed by a justice of the peace having jurisdiction in the place where the same is executed.
III. Where any such fugitive as aforesaid has fled from a colony or possession of the King of Denmark and is found in a colony or possession of Her Majesty, the requisition hereinbefore required to be made in the name of His Majesty the King of Denmark by his Ambassador or other accredited agent, may be made directly by the Governor of the first-mentioned colony or possession to the Governor of the other colony or possession, subject to this proviso, that the Governor upon whom the requisition may be made shall be at liberty either to grant the surrender or to refer the matter to his Government, and any warrant issued by the Governor upon whom such requisition is made shall have in such colony or possession the same effect as a warrant issued in pursuance of this Act by one of Her Majesty's Principal Secretaries of State has in England.
IV. It shall be lawful for one of Her Majesty's Principal Secretaries of State, or in the case of any person committed in Ireland for the Chief Secretary of the Lord Lieutenant of Ireland, and in the case of any person committed in any of Her Majesty's colonies or possessions abroad for the officer administering the Government of any such colony or possession, by warrant under his hand and seal to order any fugitive committed in pursuance of this Act to be delivered up to such person or persons as may be duly authorized in the name of the said King of Denmark to receive the person so committed, and convey him to the dominions of the King of Denmark, and such fugitive shall be delivered up accordingly; and it shall be lawful for the person or persons authorized as aforesaid to receive, hold in custody, and take to the dominions of the King of Denmark the fugitive so delivered to him; and if the said fugitive escape out of any custody to which he may be delivered as aforesaid, it shall be lawful to retake him, in the same manner as any person accused of any crime against the laws of that part of Her Majesty's dominions to which he escapes may be retaken upon an escape.
V. Where any fugitive who has been committed under this Act, to remain until delivered up pursuant to requisition as aforesaid, is not delivered up pursuant thereto, and conveyed out of Her Majesty's dominions, within two calendar months after such committal, it shall be lawful for any of Her Majesty's judges in that part of Her
Majesty's dominions in which such fugitive is in custody, upon application made to him by or on behalf of the person so committed, and upon proof that reasonable notice of the intention to make such application has been given to some or one of Her Majesty's Principal Secretaries of State in Great Britain, or in Ireland to the Chief Secretary of the Lord Lieutenant of Ireland, and in any of Her Majesty's colonies or possessions abroad to the officer administering the Government of any such colony or possession, to order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why the prisoner should not be discharged.
VI. If, by any law or ordinance to be hereafter made by the local legislature of any British colony or possession abroad, provision may be made for carrying into complete effect within such colony or possession the objects of this Act by the substitution of some other enactment in lieu thereof, it shall be competent to Her Majesty, with the advice of her Privy Council (if to Her Majesty in Council it seem meet, but not otherwise), to suspend the operation within any such colony or possession of this Act so long as such substituted enactment continues in force there, and no longer.
VII. This Act shall continue in force during the continuance of the said Convention.
BRITISH ORDER IN COUNCIL, for enforcing the Rules, Orders, &c., of the Joint Commission for regulating the Navigation of the Danube.*-January 6, 1862.
At the Court at Osborne House, Isle of Wight, the 6th day of
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
WHEREAS by an Act of Parliament, passed in the session of Parliament holden in the 6th and 7th years of Her Majesty's reign [cap. 94], intituled "An Act to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual," it is amongst other things enacted, that it shall be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty now hath, or may at any time here* "London Gazette" of January 7, 1862. ↑ Vol. XXXI. Page 984.
after have, within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or conquest of territory.
And whereas Her Majesty hath power and jurisdiction in the islands included between the different branches of the River Danube at its mouth, and forming, and commonly designated as, the Delta of the Danube, which by the Treaty between Her Majesty, His Imperial Majesty the Emperor of Austria, His Imperial Majesty the Emperor of the French, His late Majesty the King of Prussia, His Imperial Majesty the Emperor of All the Russias, His Majesty the King of Sardinia, and His Imperial Majesty the Sultan, signed at Paris on the 19th day of June, 1857, were replaced under the immediate sovereignty of the Sublime Ottoman Porte.
And whereas it is expediaet to provide for the efficient exercise of the said power and jurisdiction, for the purposes hereinafter mentioned, in like manner as the same have been customarily and of right exercised on behalf of Her Majesty by Her Majesty's Ambassadors, Ministers, Consuls, and other officers within the dominions of the Sublime Ottoman Porte.
And whereas by Article XV of the General Treaty of Peace between Her Majesty, His Imperial Majesty the Emperor of Austria, His Imperial Majesty the Emperor of the French, His late Majesty the King of Prussia, His Imperial Majesty the Emperor of All the Russias, His Majesty the King of Sardinia, and His Imperial Majesty the Sultan, signed at Paris on the 30th day of March, 1856,* it was provided as follows: "The Act of the Congress of Vienna having established the principles intended to regulate the navigation of rivers which separate or traverse different States, the Contracting Powers stipulate among themselves that those principles shall in future be equally applied to the Danube and its mouths. They declare that this arrangement henceforth forms a part of the public law of Europe, and take it under their guarantee."
"The navigation of the Danube cannot be subjected to any impediment or charge not expressly provided for by the stipulations contained in the following Articles: in consequence, there shall not be levied any toll founded solely upon the fact of the navigation of the river, nor any duty upon the goods which may be on board of vessels. The regulations of police and of quarantine to be established for the safety of the States separated or traversed by that river, shall be so framed as to facilitate as much as possible the passage of vessels. With the exception of such regulations, no obstacle whatever shall be opposed to free navigation.
* Vol. XLVII. Page 60,
+ Vol. XLVI. Page 8.
"And whereas by Article XVI of the said last-mentioned Treaty it was further provided as follows: "With the view of carrying out the arrangements of the preceding Article, a Commission, in which Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey, shall each be represented by one delegate, shall be charged to designate and to cause to be executed the works necessary below Isatcha to clear the mouths of the Danube, as well as the neighbouring parts of the sea, from the sands and other impediments which obstruct them, in order to put that part of the river and the said parts of the sea in the best possible state for navigation.
"In order to cover the expenses of such works, as well as of the establishments intended to secure and to facilitate the navigation at the mouths of the Danube, fixed duties of a suitable rate settled by the Commission by a majority of votes may be levied, on the express condition that in this respect, as in every other, the flags of all the nations shall be treated on the footing of perfect equality."
And whereas in the year 1857, by virtue of the said Articles of the said last-mentioned Treaty, a Commission was accordingly established for the purposes therein mentioned.
And whereas the said Commission, under the power and authorities given to it by the said Articles or otherwise, in and by the said last-mentioned Treaty, has from time to time made and promulgated certain rules, orders and regulations, and is authorized and empowered from time to time to make and promulgate further and other rules, orders, and regulations as well concerning the navigation of the said River Danube, and the conduct and government of masters, seamen, and others navigating the same, as concerning the payment of duties to be levied and taken in respect of the navigation of the said river, and the enforcing of penalties for the breach of such rules, orders and regulations respectively, or any of them.
And whereas it is expedient that power should be given to Her Majesty's Consuls, Vice-Consuls, and Consular Agents exercising jurisdiction over British subjects and Ionians within the dominions of the Sublime Ottoman Porte, to enforce the rules, orders, and regulations so made and to be made by the said Commission as aforesaid.
Now, therefore, in pursuance of the above-recited Act of Parliament, and in execution of the powers thereby vested in Her Majesty in Council, Her Majesty is pleased, by and with the advice of her Privy Council, to order and declare, and it is hereby ordered and declared as follows:
I. All rules, orders, and regulations so made and to be made by the said Commission as herein before mentioned, shall from and after the date of these presents, or from and after the making of such
rules, orders, and regulations respectively, be binding and in force, and shall have the force and effect of law, upon and against all British subjects and Ionians and other persons subject to the jurisdiction of Her Majesty's Consuls, Vice-Consuls, and Consular Agents, within the dominions of the Sublime Ottoman Porte.
II. For all the purposes mentioned in the said Articles XV and XVI of the said Treaty, and for the purpose of enforcing, so far as Her Majesty's subjests and such other persons as aforesaid are concerned, the provisions of the said Articles; and all rules, orders, and regulations made, or to be made, by the said Commission, under the powers and authorities given to them by the said Articles, or either of them, or otherwise in or by the said last-mentioned Treaty, and all acts, payments, matters, and things, which in and by such rules, orders, or regulations shall have been or shall be ordered under such powers or authorities as aforesaid, to be made, done, or performed or otherwise in relation thereto, the said Consuls, Vice-Consuls, and Consular Agents of Her Majesty, within the dominions of the Sublime Ottoman Porte, shall from and after the date of these presents have, possess, and enjoy, all and every the powers, jurisdiction, authorities, rights, privileges, and immunities which, in and by a certain Order in Council, bearing date the 27th day of August, 1860,* are or is vested in, or belongs to, are or is exercisable by the Judge of the Supreme Consular Court of Constantinople, within the dominions of the Sublime Ottoman Porte. And all the clauses, Articles, and provisions of the said Order in Council, so far as the same respectively are now in force and unrepealed, and so far as the same or any of them are applicable to the purposes mentioned in the said Articles XV and XVI of the said last-mentioned Treaty, or any of them, or to such rules, orders or regulations as aforesaid, shall apply and extend to the said Consuls, Vice-Consuls, and Consular Agents of Her Majesty, and to all acts, matters, and things whatsoever done by, to, or in respect of them the said Consuls, Vice-Consuls, and Consular Agents respectively, under and by virtue of these presents.
And the Right Honourable Earl Russell, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.
* Vol. L. Page 658.