'File 18/56 I (B 70) The Trucial Coast Order in Council; File 18/51 I (B 70) The Ottoman Order in Council, 1910; File 18/131 I (B 70)The Foreign Jurisdiction (Military Forces) Order in Council, 1927' [‎96v] (207/250)

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The Evidence by Commission Act, 1859,
The Evidence by Commission Act, 1885, or so much thereof as is for the time being in
force,
are hereby extended to the Ottoman dominions, with the adaptations following, namely ;—
In the said Acts the Supreme Court is hereby substituted for a Superior Court in a
Colony.
136. The following Acts, namely:—
The British Law Ascertainment Act, 1859,
The Foreign Law Ascertainment Act, 1861, or so much thereof as is for the time being in
force, are hereby extended to the Ottoman dominions, with the adaptation following,
namely:—
In the said Acts the Supreme Court is hereby substituted for a Superior Court in a
Colony.
137. The Public Authorities^ Protection Act, 1893, shall extend and apply to the
Ottoman dominions, as if the Ottoman dominions were therein mentioned in place of the
United Kingdom, and as if this Order and any other Order relating to the Ottoman domin
ions, and any Regulations or Rules made under any such Order, were therein referred to,
in addition to any Act of Parliament.
138. —(1) The Supreme Court may, if it thinks fit, order that a Commission do issue
for examination of witnesses at any place out of the Ottoman dominions, on oath, by inter
rogatories or otherwise, and may, by order, give such directions touching the time, place,
and manner of the examination, or anything connected therewith, as to the Court appear
reasonable and just.
(2) During the absence from Egypt of a Judge of the Supreme Court, the jurisdiction
of the Supreme Court, under this Article shall, subject to any Rules of Court, be exercised
in and for Egypt by the Provincial Court at Alexandria.
P art VI.—O ttoman and F oreign S ubjects and T ribunals.
135.—(1) Where an Ottoman subject or foreigner desires to institute or take in the
Court an action against a British subject, or a British subject desires to institute or take in
the Court an action against an Ottoman subject or foreigner, the Court shall entertain the
same and shall hear and determine it, either by the Court sitting alone or, if all parties de
sire, or the Court, having regard to its jurisdiction, thinks fit to direct a trial with a jury or
Assessors, then with a jury or Assessors, but in all other respects according to the ordinary
course of the Court.
(2) Provided that the Ottoman subject or foreigner, if so required by the Court, first
obtains and files in the Court the consent in writing of the competent authority on behalf
of the Sublime Ottoman Porte or of his own nation (as the case may be) to his submitting,
and does submit, to the jurisdiction of the Court, and, if required by the Court, give secu
rity to the satisfaction of the Court, and to such reasonable amount as the Court thinks fit,
by deposit or otherwise, to pay fees, damages, costs, and expenses, and abide by and per
form such decision as shall be given by the Court or on appeal.
(3) A cross-action shall not be brought in the Court against a plaintiff, being an Otto
man subject or foreigner who has submitted to the jurisdiction, by a defendant without
leave of the Court first obtained, but the Court may, as a condition of entertaining the
plaintiff's action, require his consent to any cross-action or matter of set-off being enter
tained by the Court. u .
(4) The Court before giving leave may require proof from the defendant that his claim
arises out of the matter in dispute, and that there is reasonable ground for it, and that it
is not made for vexation or delay.
(5) Nothing in this Article shall prevent the defendant from bringing in the Court
any action against the Ottoman subject or foreigner after the termination of the action in
which the Ottoman subject or foreigner is plaintiff.
(6) Where an Ottoman subject or foreigner obtains in the Court an order against
a defendant, being a British subject, and in another suit that defendant is plaintiff and the
Ottoman subject or foreigner is defendant, the Court may, if it thinks fit, on the application
of the British subject, stay the enforcement of the order pending that other suit, and may
set off any amount ordered to be paid by one party in one suit against any amount ordered
to be paid by the other party in the other suit.
(7) Where a plaintiff, being an Ottoman subject or foreigner, obtains an order in the
Court against two or more defendants, being British subjects, jointly, and in another action
one of them is plaintiff and the Ottoman subject or foreigner is defendant, the Court may,
it it thinks fit, on the application of the British subject, stay the enforcement of the order
pending that other action, and may set off any amount ordered to be paid by one party in
one action against any amount ordered to be paid by the other party in the other action,
without prejudice to the right of the British subject to require contribution from his co-
defendants under the joint liability.