Settlements, when acting as a Court of Appeal from the Courts having jurisdiction in the State of Brunei, under the provisions of an enactment of the said State, entitled "The Courts Enactment, 1908"*: Now therefore, it is ordered by the King's Most Excellent Majesty, by and with the advice of His Privy Council, as follows: It shall and may be lawful for any person or persons being a party or parties to any civil suit or action commenced in any Court having jurisdiction in the State of Brunei from which an appeal has been heard and determined by the Court of Appeal in the Straits Settlements, to appeal to His Majesty in His Privy Council against any final judgment decree or order of the said Court of Appeal given or made upon such appeal subject to the same rules, conditions, and limitations, and subject to the same procedure in all respects as may from time to time be applicable to appeals to His Majesty in Council from the said Court of Appeal in respect to civil suits or actions commenced in the Courts of the Straits Settlements. And the Right Honourable the Earl of Crewe, K.G., one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly. A. W. FITZROY. BRITISH ORDER IN COUNCIL amending "The Pacific Order in Council, 1893."-Balmoral, September 26, 1908.f At the Court at Balmoral, the 26th day of September, 1908. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. His Royal Highness the Prince of Wales. His Royal Highness the Duke of Connaught and Strathearn. WHEREAS it is expedient to amend "The Pacific Order in Council, 1893" (hereinafter called "the principal Order "), so as to provide that regulations made by the High Commissioner for the Western Pacific under clause 108 of the principal Order may come into force immediately on publication: Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by "The British Settlements Act, 1887,"S +"London Gazette," October 6, 1908. § Vol. LXXVIII, page 824. * See page 149. + Vol. LXXXV, page 1053. the Pacific Islanders Protection Acts, and "The Foreign Jurisdiction Act, 1890,"* or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:— 1. This Order may be cited as "The Pacific Order in Council, 1893, Amendment Order, 1908," and shall be read and construed as part of The Pacific Order in Council, 1893." 2. In clause 108 of the principal Order, the words "the expiration of one month from the commencement of such publication" shall be omitted, and the following words substituted, namely: the date of such publication or from and after any date which may be specified in lieu thereof in any such regulations." 3. This Order shall come into force forthwith. A. W. FITZROY. BRITISH ORDER IN COUNCIL regulating the Grant of Letters of Administration and Probate in Countries where His Majesty has Jurisdiction.-Balmoral, September 26, 1908.† At the Court at Balmoral, the 26th day of September, 1908. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. His Royal Highness the Prince of Wales. His Royal Highness the Duke of Connaught and Strathearn. WHEREAS by Treaty, Capitulation, grant, usage, sufferance, or other lawful means, His Majesty the King has jurisdiction within the places referred to in this Order: Now, therefore, Ilis Majesty, by virtue and in exercise of the powers in this behalf by The Foreign Jurisdiction Act, 1890," or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered as follows: 1. This Order may be cited as (Probates) Order in Council, 1908." The Foreign Jurisdiction 2.-(1.) This Order extends to all persons and to all property subject to any of the following Orders in Council: The Morocco * Vol. LXXXII, page 656. Order in Council, 1889 "* "The Persia Order in Council, 1889 "† ; "The Ottoman Order in Council, 1899"; "The China and Corea Order in Council, 1904 "§; "The Siam Order in Council, 1906 "||; or any Orders in Council substituted therefor. (2.) This Order shall take effect on such day not less than one month nor more than three months after it is first exhibited in the public office of the highest of His Majesty's Courts established by each of the said Orders in Council, as His Majesty's representative shall by public notification appoint. 3. In this Order the term "principal Order" means the Order under which the Court exercising jurisdiction is established, including therein any subsequent or amending Order affecting such jurisdiction, and the term "His Majesty Representative means in the Ottoman Empire, except Egypt, His Majesty's Ambassador; in Egypt, His Majesty's Agent and ConsulGeneral; in China, Morocco, Persia, and Siam, His Majesty's Minister; and in Corea, His Majesty's Consul-General. 4. The provisions of this Order shall be deemed to be supplementary to the powers conferred upon the Court by the principal Order for the exercise of its jurisdiction in matters of probate and administration. 5.-(1.) Every application for a grant of probate or of letters of administration shall be accompanied by an affidavit to be made by the person applying for the grant, giving particulars of the deceased person's estate and effects within the limits of the principal Order, and of the deductions permissible under this Order, and setting out the value thereof. (2.) Where any error has been made in the value of an asset in the said affidavit or in the amount of any debt or other permissible deduction, or where an asset or debt has been omitted from the affidavit which should have been included, or where an asset or debt has been included which should have been omitted, or in any other case in which an error has been made, a further affidavit may be made by the person who applied for the grant of probate or letters of administration, stating the nature of the correction to be made. 6. The following property shall be deemed to be part of the estate, and shall be included in the affidavit accompanying the application for probate or letters of administration in respect of the estate of every person dying after the commencement of this Order : (a.) Any property taken as a donatio mortis causâ made by the deceased person, or taken under a disposition, made by such deceased person purporting to operate as an immediate gift inter vivos whether by way of transfer delivery declaration of trust or otherwise, which shall not have been bona fide made twelve months before the death of the deceased person, or taken under * Vol. LXXXI, page 381. § Vol. XCVII, page 150. any gift, whenever made, of which property bona fide possession and enjoyment shall not have been assumed by the donee immediately upon the gift and thenceforward retained to the entire exclusion of the donor, or of any benefit to him by contract or otherwise. (b.) Any property which the deceased person having been absolutely entitled thereto has caused to be transferred to or vested in himself and any other person or persons jointly, including therein any purchase or investment effected by such deceased person either by himself alone or in concert or by arrangement with any other person so that the beneficial interest therein or in some part thereof passes or accrues by survivorship on his death to such other person. (c.) Any property passing under any past or future settlement made by the deceased person by deed or other instrument not taking effect as a will, whereby an interest in such property or the proceeds of sale thereof for life or any other period determinable by reference to death is reserved either expressly or by implication to the settlor, or whereby the settlor may have reserved to himself the right by the exercise of any power to restore to himself, or to reclaim the absolute interest in such property, or the proceeds of sale thereof, and the term "settlement in this paragraph shall include any trust, whether expressed in writing or otherwise, and if contained in a deed or other instrument effecting the settlement, whether such deed or other instrument was made for valuable consideration or not as between the settlor and any other person. (d.) Money received under a policy of assurance effected by the deceased person on his life, where the policy was wholly kept up by him for the benefit of a donee, whether nominee or assignee, or a part of such money in proportion to the premiums paid by him, where the policy was partially kept up by him for such benefit. 7. The following property shall not be deemed to be part of the estate and shall not be included in the affidavit accompanying the application for probate or letters of administration in respect of the estate of a deceased person :— (a.) Property held by the deceased as trustee for another person under a disposition not made by the deceased. (b.) Property held by the deceased as trustee for another person under a disposition made by the deceased more than twelve months before his death, where possession and enjoyment of the property was bona fide assumed by the beneficiary immediately upon the creation of the trust and thenceforward retained to the entire exclusion of the deceased or of any benefit to him by contract or otherwise. (c.) Property passing on the death of the deceased by reason only of a bona fide purchase from the person under whose disposition the property passes, or the falling into possession of the reversion on any lease for lives, or the determination of any annuity for lives where such purchase was made, or such lease or annuity granted for full consideration in money or money's worth paid to the vendor or grantor for his own use or benefit, or in the case of a lease, for the use or benefit of any person for whom the grantor was a trustee : Provided that where any such purchase was made or lease or annuity granted for partial consideration in money or money's worth paid to the vendor or grantor for his own use or benefit, or in the case of a lease for the use or benefit of any person for whom the grantor was a trustee, the property passing shall be included in the affidavit accompanying the application for probate or letters of administration, but the value of the consideration shall be allowed as a deduction from the value of the property. 8. In arriving at the value of the estate, an allowance shall be made for debts and incumbrances due to persons resident within the limits of the principal Order and for reasonable funeral expenses, but an allowance shall not be made- (a.) For debts incurred by the deceased or incumbrances created by a disposition made by the deceased, unless such debts or incumbrances were incurred or created bona fide for full consideration in money or money's worth wholly for the deceased's own use and benefit and take effect out of his interest: nor (b.) For any debt in respect whereof there is a right to reimbursement from any other estate or person unless such reimbursement cannot be obtained; nor (c.) More than once for the same debt or incumbrance charged upon different portions of the estate. 9. In any case where it thinks fit the Court may require any person subject to its jurisdiction to give such information, either by affidavit or otherwise, as may be in his power touching the property of the deceased within its jurisdiction, or may direct such inquiries on the subject as it think fit, and the information or report so received shall be deemed to be a portion of the affidavit of the applicant for probate or letters of administration. 10. The fee or fees to be paid on the issue of a grant of probate or letters of administration after the commencement of this Order shall be determined by Rules of Court made in accordance with the powers contained in the principal Order. 11. If a grant of probate or letters of administration comprises property which is settled or is the subject of or is required to pay a legacy, so much of the fees paid on the issue of the said grant as represents the fees on such settled property or legacy shall (unless the will contains an express provision to the contrary) be payable out of the settled property or legacy. 12. Every grant of probate or letters of administration made after the commencement of this Order shall bear a certificate in writing under the hand of the proper officer of the Court, stating the amount of the fee that has been paid, together with gross value of the estate and the deductions therefrom; and no such |