File 959/1914 Pt 2 'Abyssinia: Order in Council. Recovery of maintenance charges of prisoners convicted in Abyssinia and confined in Aden District Prison.' [‎236v] (398/878)

sion “ swear/’ in the like case, includes affirm
and declare.
“ Offence ” includes crime, and any act or
omission punishable criminally in a summary
way or otherwise.
“Office copy” means a copy made under
the direction of the Court, or produced to the
proper officer of the Court for examination
with the original, and examined by him and
sealed with the seal of the Court.
“Person” includes Corporation.
“ Pounds” means pounds sterling.
“Prescribed” means prescribed by Rules
of Court.
“Prosecutor” means complainant or any
person appointed or allowed by the Court to
prosecute.
“Proved” means shown by evidence on
oath, in the form of affidavit, or other form,
to the satisfaction of the Court or Consular
officer acting or having jurisdiction in the
matter, and “ proof ” means the evidence
adduced in that behalf.
‘ ‘ Rules of Court ’ ’ means rules of Court
made under the provisions of this Order.
“Secretary of State” means one of His
Majesty’s Principal Secretaries of State.
“ The Treasury ” means the Commissioners
of His Majesty’s Treasury.
“Treaty” includes any Capitulations,
Convention, Agreement, or Arrangement,
made by or on behalf of His Majesty with
any State or Government, King, Chief,
people, or tribe, whether His Majesty the
Emperor of Abyssinia is or is not a party
thereto.
“Will” means will, codicil, or other testa
mentary instrument.
Expressions used in any rules, regulations,
or orders made under this Order shall, unless
a contrary intention appears, have the same
respective meanings as in this Order.
4.—(1.) 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 the feminine (as the case may
require).
(2.) Where this Order confers any power or
imposes any duty, then, unless a contrary in
tention appears, the power may be exercised
and the duty shall be performed from time to
time as occasion requires.
(3.) Where this Order confers a power or
imposes a duty on, or with respect to, a holder
of an office as such, then, unless a contrary
intention appears, the power may be exercised
and the duty shall be performed by, or with
respect to, the holder for the time being of the
office or the person* temporarily acting for the
holder.
(4.) Where this Order confers a power to
make any rules, regulations, or orders, the
power shall, unless a contrary intention
appears, be construed as including a power
exercisable in the like manner and subject to
the like consent and conditions, if any, to
rescind, revoke, vary, or amend the rules, regu
lations, or orders.
(5.) This Article shall apply to the construc
tion of any rules, regulations, or orders made
under this Order, unless a contrary intention
appears.
(6.) Where this Order refers to any specified
Act or Acts of Parliament, such reference
shall, unless a contrary intention appears be
deemed to include any Act or Acts amending
or substituted for the same.
5. The jurisdiction conferred by this Order
extends to the persons and matters following,
in so far as by Treaty, grant, usage, sufferance’
or other lawful means, His Majesty has juris
diction in relation to such matters and things
that is to say : —
(i.) British subjects, as herein defined,
within the limits of this Order.
(ii.) The property and all personal or
proprietary rights and liabilities within the
said limits of British subjects, whether such
subjects are within the said limits or not.
(iii.) Natives and foreigners in the cases
and according to the conditions specified in
this Order, and not otherwise.
(iv.) Foreigners with respect to whom any
State, King, Chief or Government, whose
subjects, or under whose protection they are,
has by any Treaty as herein defined or other
wise agreed with His Majesty for, or con
sents to, the exercise of power or authority
by His Majesty.
6. All His Majesty’s jurisdiction exercisable
in Abyssinia for the hearing and determina
tion of criminal or civil matters, or for the
maintenance of order, or for the administration
or control of property or persons, or in rela
tion thereto-, shall be exercised under and
according to the provisions of this Order, and
not otherwise.
7. Crimes, offences, wrongs, breaches of con
tract against or affecting the person, property,
or rights of natives or foreigners as herein
defined, 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 foreigners, in the
same manner as if the same were committed
against or affected the person, property, or
rights of British subjects.
8. If a question arises whether any place is
or is not within the limits of this Order, such
question shall be referred to the Consul-
General, and a certificate under his hand and
seal shall be conclusive on the question, and
judicial notice shall be taken thereof.
Part II. —Constitution and Powers of
Courts.
9. The Consul-General shall at such place or
places as the Secretary of State directs hold
a Court, in this Order called the Court of the
Consul-General, for the purposes of his appel
late and other jurisdiction under this Order.
10. —(1.) Provincial Courts shall be held by
Consular officers at such places in Abyssinia
as may from time to time be appointed under
this Order.
(2.) The Consul-General may, by order in
writing, with the previous or subsequent
approval of the Secretary of State, appoint
places at which Provincial Courts shall be held,
and may assign the district in and for whici
each such Court shall act, and may designa e
the Consular officers who shall hold such Cour ■
(3.) All Orders made by the Consul-General
under this Article shall be published as he may
direct, and copies thereof shall be kept ex n-
bited in a conspicuous place in each Consular
office, and in each Court-House, and prints