sion, and a copy of such Gazette notification shall be kept publicly exhibited in the Court-room of every Colonial Court of Admiralty in the possession, and a copy of the said Gazette containing any such notification shall be receivable in evidence by every arresting authority in the possession. 4. If notwithstanding its exemption, an exempted mail ship is arrested in the possession, the Government of the possession, on being informed by the owner of such arrest and of the arresting authority, and on being satisfied that the ship is an exempted mail ship, shall forthwith send a special notice to the arresting authority, informing him that the ship is an exempted mail ship, and as such entitled to release. Actions against Exempted Ships. 5. An action may be commenced against the owners of an exempted mail ship in the like cases, in the same manner and subject to the same rules as an Admiralty action in rem, and in any Colonial Court of Admiralty having jurisdiction in the possession in which such an action might have been brought if the ship were not an exempted mail ship. Orders, by Courts having Jurisdiction in British Possessions, for Application of the Security. 6. Any order of a Court having jurisdiction in a British possession directing any security to be applied shall recite the name of the Court and of the action or proceeding, the cause of action, and the judgment debt, and shall comprise a certificate by the Judge of the Court that the ship in respect of which the judgment is given is an exempted mail ship, and might but for such exemption have been arrested and sold in execution thereof, and that the judgment debt is still unsatisfied, and is payable out of the security lodged in or under the control of the High Court of Justice in England in respect of the ship. 7. The order may require payment to be made either in London to a named agent of the execution creditor, or in the possession to some named officer of the Court from which the order issues. 8. Every such order shall be sealed with the seal of the Court, and shall be drawn up in duplicate, addressed to the Admiralty Registrar, Royal Courts of Justice, London, and shall be transmitted under cover to the prescribed officer of the Government of the possession. 9. The said duplicate orders when received by the prescribed officer shall be countersigned by him, and shall be forth with transmitted to a Secretary of State, who shall cause one of such orders to be delivered to the Admiralty Registrar, and the Admiralty Registrar shall, subject to any direction of the High Court, make an order upon the Paymaster-General for payment of the required sum out of the security in accordance with these Rules. 10. Unless the High Court shall otherwise order, and subject to existing rights of priority of liens, orders for the application of any security shall be paid in the order in which they are received by the Admiralty Registrar; but where two or more orders are received at the same time, they shall be paid in the order of their respective dates. 11. Where the order requires payment to a named agent of the execution creditor in London, the money shall be payable at the rates of exchange current on the day on which the order is received by the Secretary of State. 12. If the order requires payment to be made to a named officer of the Court from which the order issues, such an amount shall be paid out by the Paymaster-General, to a person nominated by the Secretary of State, as will at the rates of exchange current on the day on which the order is received by the Secretary of State be necessary to purchase a draft for the amount of the order payable at sight in the possession, and such draft shall be in favour of the said named officer of the said Court. 13. Where any action or proceeding against the owners of an exempted mail ship is pending in a Court having jurisdiction in a British possession, involving a claim against the security lodged in the High Court in England, the Court in the British possession shall transmit to the Admiralty Registrar notice of the pendency of such action or proceeding, stating the nature and amount of the claim and the proceedings taken in regard thereto; and in case of the subsequent discontinuance or other conclusion of such action or proceeding, whereby the security ceases to be affected, the Court shall transmit notice of such discontinuance or conclusion. Every such notice shall be sealed, drawn up, addressed and transmitted to the Admiralty Registrar in like manner as an order for the application of the security. Miscellaneous Provisions. 14. In every British possession to which these Rules apply, the Governor in Council may, by Order, prescribe any matter directed by these Rules to be prescribed, or necessary for carrying them into effect. 15. In the application of these Rules to British India, the following provisions shall have effect: (a.) The Presidencies of Madras and Bombay, the Bengal division of the Presidency of Fort William, the Province of Eastern Bengal and Assam, and the Province of Burmah shall be deemed to be separate British possessions. (b.) The expressions "Government of the possession" and "Governor in Council" respectively shall mean the LieutenantGovernor of Bengal, the Lieutenant-Governor of Eastern Bengal [1907-8. CI.] H and Assam, and the Lieutenant-Governor of Burmah, with respect to the territories administered by them respectively. (c.) All Orders made in pursuance of Rule 14, with respect to any part of British India shall be made with the previous sanction of the Governor-General in Council. 16. In the application of these Rules to any British possession in which there is a Vice-Admiralty Court, and no Colonial Court of Admiralty, these Rules shall be read as if "ViceAdmiralty Court" were substituted for "Colonial Court of Admiralty." 17. In these Rules "judgment debt" means any damages, fine, debt, claim, sum, or forfeiture found by any Court to be payable by the owner of a ship, and “execution creditor" means the person entitled to a judgment debt. Other expressions have the same meaning as in the Act. 18. This Order may be cited as The Mail Ships (Rules) Order in Council, 1908." 19. "The Mail Ships (Rules) Order in Council, 1895,"* is hereby repealed. And the Right Honourable the Earl of Crewe, K.G., the Right Honourable Viscount Morley of Blackburn, O.M., and the Right Honourable Sir Edward Grey, Bart., three of His Majesty's Principal Secretaries of State, are to give the necessary directions herein, as to them may respectively appertain. A. W. FITZROY. BRITISH ORDER IN COUNCIL revoking Orders in Council prohibiting the Importation into the United Kingdom of Sugar from Denmark, Russia, the Argentine Republic, and Spain.-Goodrood House, August 1, 1908.† At the Court at Goodwood House, the 1st day of August, 1908. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by "The Sugar Convention Act, 1903," after reciting that by Article VII of the Convention, signed on the 5th day of March, 1902,$ in relation to sugar, provision was made for the establishment of a Permanent Commission charged with watching the execution of the provisions of the Convention, it is enacted that where it is reported by the + Vol. XCVI, * Vol. LXXXVII, page 637. Permanent Commission that any direct or indirect bounty is granted in any foreign country on the production or export of sugars, His Majesty may, by Order in Council, make a prohibition Order, that is to say, an Order prohibiting sugar from that foreign country to be imported or brought into the United Kingdom, subject to any provision which might be made by Parliament in view of such prohibition to impose a special duty on such sugar in accordance with the Convention; and it was also enacted that His Majesty might, similarly revoke, alter, and add to any such Order; And whereas it was provided by Article X of the said Convention that the Convention should come into force from the 1st day of September, 1903, and should remain in force for five years from that date; * And whereas upon reports made by the said Permanent Commission His Majesty, by an Order in Council dated the 11th day of August, 1903, prohibited the importation into the United Kingdom of sugar from Denmark, Russia, and the Argentine Republic, and by another Order in Council dated the 27th day of March, 1905,† prohibited the importation into the United Kingdom of sugar from Spain; And whereas by an additional Act to the said Convention, signed on the 28th day of August, 1907, and duly ratified, it has been agreed to maintain the said Convention in force for a fresh period of five years, commencing on the 1st day of September, 1908, and it is provided that Great Britain shall be relieved after the said 1st day of September, 1908, from the obligation under the said Convention to impose a special duty on sugar imported from any foreign country or to prohibit the importation of bounty-fed sugar: Now, therefore, His Majesty, in exercise of the powers vested in Him by the said recited Act, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, that as from the 1st day of September, 1908, the two recited Orders in Council, dated respectively the 11th day of August, 1903, and the 27th day of March, 1905, shall be no longer in force, and the said Orders are as from that day hereby revoked. A. W. FITZROY. * Vol. XCVI, page 234. + Vol. XCVIII, page 182. Vol. C, page 482. BRITISH ORDER IN COUNCIL applying the Straits Settlements Extradition Order in Council to Offences in respect of the Military and Naval Forces of "Johore.Goodwood House, August 1, 1908.* At the Court at Goodwood House, the 1st day of August, 1908. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. Earl of Crewe. Lord Chamberlain. Lord Denman. Mr. Runciman. WHEREAS by the Straits Settlements Extradition Order, 1889,† provision has been made for the surrender by the Government of the Straits Settlements to Foreign States, in the case of which "The Extradition Act, 1870,"‡ does not apply, of persons accused or convicted of the commission of certain crimes and offences within the jurisdiction of such States; And whereas it is expedient to amend the said Order: Now, therefore, it is hereby ordered by His Majesty, by and with the advice of His Privy Council, as follows: 1. The said Order and this Order shall be read and construed as one Order in Council. 2. With particular reference to the State of Johore "fugitive criminal" and "fugitive criminal of a State" include any person accused or convicted of a breach of contract of service in the Military or Naval Forces of His Highness the Sultan of Johore, and "crime" includes any such breach of contract as aforesaid. 3. This Order may be cited as "The Straits Settlements Extradition Order, 1908." A. W. FITZROY, BRITISH ORDER IN COUNCIL establishing Appeals to His Majesty in Council from the Decisions of the Court of Appeal of the Straits Settlements in respect of Cases tried in the Courts in Brunei.-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 it is expedient to make provision for appeals to His Majesty in Council from the Court of Appeal in the Straits * "London Gazette," August 11, 1908. + Vol. LXXXI, page 281. |