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registered in pursuance of those Acts, except that nothing in this section shall affect the validity of the marriage so solemnized.
(2.) Section 6 of “The Marriage Act, 1890," is hereby repealed. 5.-(1.) The Marriage Regulations may
(a.) Authorize the officer by or before wbom the Regulations determine that marriages in the house of a British Ambassador or Minister, or on board one of Her Majesty's vessels, may be solemnized or registered, to act without any such written authority as is mentioned in “ The Consular Marriage Act, 1849”; and so authorize bim whether he is described in the Regulations or is named in pursuance thereof;
(b.) Authorize the appointment of a person to act under the Foreign Marriage Acts in the place of any such High Commissioner or resident as is mentioned in "The Marriage Act, 1890;"
(c.) Prescribe the forms to be used in substitution for or in addition to those in the Schedules to “The Consular Marriage Act, 18 19;" and
(d.) Make such provision as may seem necessary or proper for carrying into effect the Foreign Marriage Acts, or any Marriage Regulations.
(2.) The Regulations providing for the matters in tl.is section mentioned are included in this Act in the expression Marriage Regulations,” and the Marringe Regulations may be made either generally or with reference to any particular case or class of cases.
(3.) Section 9 of “The Marriage Act, 1890,” shall have effect as if in paragraph (d) thereof for the words “ by whom ” were substituted the words“ by or before whom.”
6.-(1.) The written authority to solemnize and register marriages given by a Secretary of State in pursuance of section 19 of “ The Consular Marriage Act, 1849,” and any enactment amending that section, may be addressed to a marriage officer as hereinafter defined by the name of his office, without designating the name of any particular person holding the office, and that authority nay be executed by the person who for the time being holds or acts in the office described in the authority, and that person shall be a duly authorized Consul within the meaning of the Foreign Marriage Acts, and the expression “ Consul” in those Acts shall, except where such meaning is inconsistent with the context, mean a marriage officer so authorized.
(2.) For the purposes of this Act a marriage officer means any British Ambassador, Minister, or Chargé d'Affaires, any British Consular officer, and any other officer who, in pursuance of the Foreign Marriage Acts or the Marriage Regulations, can be authorized to solemnize and register marriages under the said Acts.
(3.) A Secretary of State tay, by writing under his haud, vary
or revoke any authority previously issued under section 19 of “The Consular Marriage Act, 1849," as amended by this section.
7.-(1.) Where a marriage purports to have been solemnized and registered in pursuance of the Foreign Marriage Acts or any of them in the house of a British Ambassador or Minister, or in a British Consulate, or on board any of Her Majesty's vessels, it shall not be necessary in support of the marriage to give any proof of the authority of the marriage officer within the meaning of this Act by or before whom the marriage was solemnized and registered, nor shall any evidence to prove his want of authority, whether by reason of his not being a duly authorized officer or of any prohibitions or restrictions under the Marriage Regulations or otherwise, be given in any legal proceedings touching the validity of the marriage.
(2.) A certificate of a Secretary of State that any house, office, chapel, or other place is or is part of the house of a British Ambassador or Minister, or of a British Consulate, shall be conclusive.
8. A marriage officer shall not be required to solemnize a marriage, or to allow a marriage to be solemnized in his presence, if in his opinion the solemnization thereof would be inconsistent with international law or the comity of nations.
Provided that if any such officer refuses to solemnize or to allow to be solemnized in his presence the marriage of any person requiring the marriage to be solemnized, the person so requiring sball have a right of appeal to the Secretary of State, who shall thereupon either confirm the refusal or direct the solemnization of the marriage.
9. Whereas section 7 of “The Marriage Act, 1890,” abolished the distinction between the preliminaries required for marriages by licence and marriages without licence under “ The Consular Marriage Act, 1849," and it is accordingly expedient that marriages by licence under that Act be formally abolished; therefore
licence for marriage shall not be granted under the Foreign Marriage Acts after the commencement of this Act, and section 6 of " The Consular Marriage Act, 1849," and sub-section 2 of section 7 of “ The Marriage Act, 1890,” are hereby repealed.
10. Any Marriage Regulations which dispense for any reason, whether residence out of the district or otherwise, with the requirements of the Foreign Marriage Acts as to residence and notice, may require as a condition or consequence of such dispensation, the production of such notice, certificate, or document, and the taking of sach oath, and may authorize the publication or grant of such notice, certificate, or document, and the charge of such fees, as may be prescribed by the Marriage Regulations; and sections 15 and 16 of “The Consular Marriage Act, 1849,” shall apply as if such notice, certificate, or document were a notice and such oath were an oath within those sections.
11. In any Act relating to the solemnization of marriages abroad, expressions referring to a British Minister shall be construed to include, and to have always included, a British Chargé d'Affaires, and in this Act the expression " Minister" shall be construed in like manner; and the expression “ British Consular officer” shall include a Pro-Consul and an Acting Consular Agent.
12. All marriages solemnized on board one of Her Majesty's vessels on or before the last day of July, 1891, shall be deemed to be as valid as they would have been if “The Marriage Act, 1890," had not passed.
NOTIFICATION of the British Protectorate over Nyasaland.
- London, May 14, 1891.*
Foreign Office, May 14, 1891. Ir is hereby notified for public information that, under and by virtue of Agreements with the native Chiefs, and by other lawful ineans, the territories in Africa, hereinafter referred to as the Nyasaland Districts,t are under the Protectorate of Her Majesty the Queen.
The British Protectorate of the Nyasaland Districts comprises the territories bounded on the east and south by the Portuguese dominions, and to the west by a frontier which, starting on the south from the point where the boundary of the Portuguese dominions is intersected by the boundary of the Conventional Free Trade Zone defined in the Ist Article of the Berlin Act, follows that line northwards to the point where it meets the line of the Geographical Congo Basin, defined in the same Article, and thence follows the latter line to the point where it touches the boundary between the British and German spheres, defined in the second paragraph of the Ist Article of the Agreement of the 1st July, 1890.5
Measures are in course of preparation for the administration of justice and the maintenance of peace and good order in the Nyasaland Districts.
* “ London Gazette,” May 15, 1891. + Now officially known as the British Central Africa Protectorate. I Vol. LXXVI, page 4.
§ Vol. LXXXII, page 35.
BRITISH ORDER IN COUNCIL, carrying into effect the
Extradition Treaty between Great Britain and the Orange Free State of June 20 and 25, 1890.–Windsor, March 20, 1891.
At the Court at Windsor, the 20th day of March, 1891.
WHEREAS by the Extradition Acts, 1870* and 1873,f it was, amongst other things, enacted that where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that Her Majesty may, by the same or any subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in, or suspected of being in, the part of Her Majesty's dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient; and that if, by any law made after the passing of the Act of 1870 by the Legislature of any British possession, provision is made for carrying into effect, within such possession, the surrender of fugitive criminals who are in, or suspected of being in, such British possession, Her Majesty may, by the Order in Council applying the said Acts in the case of any foreign State, or by any subsequent Order, suspend the operation within any such British possession of the said Acts, or of any part thereof, so far as it relates to such foreign State, and so long as such law continues in force there and no longer :
And whereas by an Act of the Parliament of Canada passed in 1886, and entitled "An Act respecting the Extradition of Fugitive Criminals,"I provision is made for carrying into effect within the Dominion the surrender of fugitive criminals :
And whereas by an Order of Her Majesty the Queen in Council, dated the 17th day of November, 1888,9 it was directed that the operation of the Extradition Acts, 1870 and 1873, should be suspended within the Dominion of Canada so long as the provision of
• Vol. LX, page 145.
Vol. LXXVII, page 877.
+ Vol. LXIII, page 391.
the said Act of the Parliament of Canada of 1886 should continue in force and no longer :
And thereas a Treaty was concluded on the 20th and 25th days of June, 1890, between Her Majesty and the President of the Orange Free State for the mutual extradition of fugitive criminals, which Treaty is in the terms following :
[See Vol. LXXXII, page 29.] And whereas the ratifications of the said Treaty were exchanged at Bloemfontein on the 16th day of December, 1890 :
Now, therefore, Her Majesty, by and with the advice of ber Privy Council, and in virtue of the authority committed to her by the said recited Acts, doth order, and it is hereby ordered, that from and after the 6th day of April, 1891, the said Acts shall apply in the case of the Orange Free State, pursuant to the arrangement made by the said Treaty with the President of the Orange Free State.
Provided always, and it is hereby further ordered that the operation of the said Extradition Acts, 1870 and 1873, shall be suspended within the Dominion of Canada, so far as relates to the Orange Free State and to the said Treaty, and so long as the provisions of the Canadian Act aforesaid of 1886 continue in force, and no longer; and provided also that the operation of the said Extradition Acts, 1870 and 1873, shall pot extend to the South African Colonies and possessions of Her Majesty so far as relates to the Orange Free State and to the said Treaty.
C. L, PEEL.
BRITISH ORDER IN COUNCIL, for carrying into effect
the Protocol between Great Britain and Uruguay of March 20, 1891, respecting the Provisional Arrest of Fugitive Criminals.-Windsor, November 24, 1891.
At the Court at Windsor, the 24th day of November, 1891.
PRESENT : THE QUEEN'S MOST EXCELLENT MAJESTY.
Sir James Fergusson, Bart.
Mr. A. J. Balfour.
WHEREAS by the Extradition Acts, 1870* and 18737, it was, amongst other things, enacted that, where an arrangement has been
* Vol, LX, page 145.
7 Vol. LXIII, page 391.