(2.) Where this Order confers any power or imposes any duty, then, unless a contrary intention 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 any 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, Regulations, or Orders.

(5.) This article shall apply to the construction of any Regulations, Rules, or Orders made under this Order, unless a contrary intention appears.

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 jurisdiction in relation to such persons, matters, and things, that is to say:

(1.) British subjects, as herein defined, within the limits of this Order.

(2.) 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.

(3.) Foreigners in the cases and according to the conditions specified in this Order and not otherwise.

(4.) 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 otherwise agreed with His Majesty for, or consents to, the exercise of power or authority by His Majesty.

6. All His Majesty's jurisdiction exercisable within the limits of this Order 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, so far as this Order extends and applies.

7.-(1.) The Consul-General shall hold and form a Court, to be called the Court of the Consul-General, and in this

Order described as the Court, which shall exercise jurisdiction in accordance with the provisions of this Order.

(2.) The Court shall in the exercise of every part of its jurisdiction be a Court of Record.

(3.) The consular seal shall be used as the seal of the Court.

PART II.-Application of Law of British India and of the United Kingdom.

8. (1.) Subject to the other provisions of this Order, and to any Treaties for the time being in force relating to Kashgar, His Majesty's criminal and civil jurisdiction within the limits of this Order shall, so far as circumstances admit, be exercised on the principles of, and in conformity with, the enactments for the time being applicable as hereinafter mentioned of the Governor-General of India in Council, and of the Lieutenant-Governor of the Punjab in Council, and in accordance with the powers vested in, and the course of procedure and practice observed by and before, the Courts in the Punjab according to their respective jurisdiction and authority, and, so far as such enactments, powers, procedure, and practice are applicable, shall be exercised in accordance with justice, equity, and good conscience.

(2.) The enactments mentioned in the First Schedule to this Order are hereby made applicable within the limits of this Order as from the commencement of this Order.

(3.) Any other existing or future enactments of the Governor-General of India in Council or of the LieutenantGovernor of the Punjab in Council may be applied within the limits of this Order by King's Regulations under Article 61 of this Order.

(4.) Any Act of the Governor-General of India in Council or of the Lieutenant-Governor of the Punjab in Council, whether passed before or after the commencement of this Order, amending or substituted for any Act of either of these Legislatures which applies or may be applied within the limits of this Order, shall, subject to the provisions of this Order, also apply within the limits of this Order.

9. The enactments described in the First Schedule to "The Foreign Jurisdiction Act, 1890," other than "The Admiralty Offences (Colonial) Act, 1849," "The Merchant Shipping Act, 1854,"* Part X, "The Admiralty Offences (Colonial) Act, 1860," and "The Merchant Shipping Act, 1867" (Section 11), shall apply to Kashgar as if it were a British colony or possession, but subject to the provisions of this Order, and to the exceptions, adaptations, and modifications following, that is to say:

* See Vol. 9, page 777.

+ See Vol. 14, page 704.

(i.) The Consul-General is hereby substituted for the Governor of a colony or British possession, and the Court is hereby substituted for a Superior Court or Supreme Court, and for a Magistrate or Justice of the Peace of a colony or British possession.

(ii.) In Section 51 of "The Conveyancing (Scotland) Act, 1874," and any enactment for the time being in force amending the same, the Court is substituted for a Court of Probate in a colony.

(iii.) With respect to "The Fugitive Offenders Act, 1881 "'*:

(a.) So much of the Fourth and Fifth Sections of the said Act as relates to sending a report of the issue of a warrant, together with the information, or a copy thereof, or to the sending of a certificate of committal and report of a case, or to the information to be given by a magistrate to a fugitive, shall be excepted, and in lieu of such information the person acting as the magistrate shall inform the fugitive that in the British Possession or Protectorate to which he may be conveyed he has the right to apply for a writ of habeas corpus or other like process.

(b.) So much of the Sixth Section of the said Act as requires the expiration of fifteen days before issue of warrant shall be excepted.

(c.) The Consul-General shall not be bound to return a fugitive offender to a British Possession unless satisfied that the proceedings to obtain his return are taken with the consent of the Governor of that Possession.

(d.) For the purposes of Part II of the said Act, Kashgar, China beyond the limits of this Order, and British India, shall be deemed to be one group of British Possessions.

10.-(1.) Where, by virtue of any Imperial Act, or of this Order, or otherwise, any provisions of any Imperial Acts, or of any law in force in India, or of any Orders in Council other than this Order, are applicable within the limits of this Order, or any forms, Regulations, or procedure prescribed or established by or under any such Act, Law, or Order, are made applicable for any purpose of this Order or any other Order relative to Kashgar, such Acts, Laws, Orders, forms, Regulations or procedure may be construed or used with such alterations and adaptations not affecting the substance as may be necessary having regard to local circumstances, and anything required to be done by, to, or before any Court, judge, officer, or authority may be done by, to, or before a Court, judge, officer or authority having the like or analogous functions, or by, to, or before any officer designated by the Secretary of State or by the Court (as the case may require) for that purpose; and in case any difficulty occurs in the See Vol. 15, page 635.

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application the Secretary of State, or with his previous or subsequent assent, the Governor-General of India in Council, may direct by, to, or before whom and in what manner anything is to be done, and such Act, Law, Order, form, Regulation, or procedure shall be construed accordingly.

(2.) Where under any such Imperial Act, Law, or Order any publication is required to be made, as respects any judicial proceeding, in any "Gazette" or otherwise, such publication shall be made by such mode as the Court shall think fit to direct.

PART III.-Criminal Matters.

11. Subject to the other provisions of this Order, the Code of Criminal Procedure and the other enactments relating to the administration of criminal justice in British India for the time being applicable to Kashgar shall have effect as if Kashgar were a district in the Punjab; the Consul-General shall be deemed to be the Sessions Judge; the High Court of the Punjab shall be deemed to be the High Court; and the powers both of the Governor-General in Council and of the Local Government under those enactments shall be exercisable by the Secretary of State, or, with his previous or subsequent assent, by the Governor-General of India in Council.

12.-(1.) Where a person subject to this Order is accused of the commission of an offence the cognisance whereof appertains to the Court, and it is expedient that the offence be enquired of, tried, determined, and punished in a British Possession, the accused may (under The Foreign Jurisdiction Act, 1890," Section 6) be sent for trial to Lahore.

(2.) The Court may, where it appears so expedient, by warrant sealed with the consular seal, cause the accused to be sent for trial to Lahore accordingly.

(3.) The warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up at Lahore according to the warrant.

(4.) Where any person is to be so sent to Lahore, the Court shall take the preliminary examination, and shall bind over such of the proper witnesses as are British subjects in their own recognisances to appear and give evidence on the trial.

13. (1.) The Consul-General may by General Order prescribe the manner in which, and the places within the limits of this Order at which, sentences of imprisonment are to be carried into execution.

(2.) The Court may, in any case, by warrant sealed with the consular seal, cause an offender convicted and sentenced

to imprisonment before the Court to be removed to, and imprisoned in, any place within the limits of this Order, under the authority provided for in Sub-Section (1) of this article.

14. Where an offender convicted before any Court established under this Order is sentenced to imprisonment, and the Consul-General proceeding under Section 7 of "The Foreign Jurisdiction Act, 1890," authority in that behalf being hereby given to him, considers it expedient that the sentence should be carried into effect within His Majesty's Dominions, and the offender is accordingly sent for imprisonment to a place in His Majesty's Dominions, the place shall be either a place in the Punjab or a place in some other part of His Majesty's Dominions, the Government whereof consents that offenders may be sent thither under this Article.

15. In cases of murder or culpable homicide, if either the death or the criminal act which wholly or partly caused the death happened within the limits of this Order, a Court acting under this Order shall have the like jurisdiction over any British subject who is charged either as a principal offender or as an abettor as if both such criminal act and the death had happened within the limits of this Order.

16. Where a warrant or order of arrest is issued by a competent British consular authority in China beyond the limits of this Order for the apprehension of a person who is accused of crime committed in China beyond the limits of this Order, and who is, or is supposed to be, within the limits of this Order, and such warrant or order is produced to the Court, the Court may back the warrant or order, and the same wher so backed shall be sufficient authority to any person to whom it was originally directed, and also to any constable or officer of the Court, and to any person named on the back of the warrant or order, to apprehend the accused person at any place within the limits of this Order, and to carry him to and deliver him up within the jurisdiction of the authority issuing the warrant or order.

17. Where a British subject is convicted of an offence, the Court may, if it thinks fit, at any time before he is dis charged, require him to give security to the satisfaction of the Court for his future good behaviour, and for that purpose may, if it thinks fit, cause him to come or be brought before the Court.

18. (1.) Where it is shown by evidence on oath, to the satisfaction of the Court, that any person subject to this Order has committed, or is about to commit, an offence against this Order, or is otherwise conducting himself so as to be dangerous to peace and good order, or is endeavouring to excite enmity between the people of China and His Majesty, or is intriguing within the limits of this Order

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