Part II.

Cases within section 13 of "The Summary Jurisdiction Act, 1879" (42 & 43 Vict., c. 49), or any Act amending the same.

BRITISH ORDER IN COUNCIL establishing Consular Fees in respect of Chinese Immigrants into certain British Colonies.-London, July 4, 1908.*

At the Court at Buckingham Palace, the 4th day of July, 1908.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by "The Consular Salaries and Fees Act, 1891,"† His Majesty the King is authorized by Order in Council to fix the fees to be taken in respect of any matter or thing done by a Consular officer in the execution of his office; and

Whereas under the Ordinances in force in certain Colonies it is provided that no Chinese immigrant shall be brought into the Colony unless the ship on which he is brought has complied with certain formalities at the port of departure of the ship requiring the intervention of a Consular officer; and

Whereas it is desirable to fix the fees to be taken by the Consular officers at the Treaty ports of China in respect of such services:

Now, therefore, His Majesty 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 China (Passenger-ships Fees) Order in Council, 1908."

2. The several fees set forth in the table annexed to this Order are hereby established, and the said table and note thereto shall be construed as part of this Order.

3. This Order shall extend to all places in China and Corea. And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein. A. W. FITZROY

"London Gazette," July 7, 1908.

+ Vol. LXXXIII, page 132.

Table of Fees payable in respect of the Grant of Certificates required by Emigrant Ships.

Upon application for a certificate

For a certificate at a second port on the same voyage for a ship
which has already received a certificate at the first port
In addition to the above fees, when the inspection of a ship with
a view to the grant of a certificate takes place at times other
than during the customary business hours of the port, the fee
shall be, for each hour, or fraction thereof

..

When the inspection takes place on Sunday or holidays, the fee, in addition to that prescribed for a certificate, shall be ..

Note.-The above fees, if not paid in British gold, are to be paid in China in Mexican dollars at the rate of exchange fixed periodically by the Treasury; in Corea, in Japanese currency at the rate of 10 yen to the £ sterling.

BRITISH ORDER IN COUNCIL authorizing certain Officials to take Depositions in various Colonies and Protertorates regarding Stamen discharged on account of Injuries.-London, July 4, 1908.*

At the Court at Buckingham Palace, the 4th day of July, 1908. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by section 7 of "The Workmen's Compensation Act, 1906,"† it is amongst other things provided that where an injured master seaman or apprentice (being a member of the crew of any ship registered in the United Kingdom, or of any other British ship or vessel of which the owner, or, if there is more than one owner, the managing owner or manager resides or has his principal place of business in the United Kingdom), is discharged or left behind in a British possession or in a foreign country, depositions respecting the circumstances and nature of the injury may be taken by any Judge or Magistrate in the British possession and by any British Consular Officer in the foreign country, and if so taken shall be transmitted by the person by whom they are taken to the Board of Trade, and such depositions or certified copies thereof shall in any proceedings for enforcing the claim for compensation be admissible in evidence as provided by sections 691 and 695 of "The Merchant Shipping Act, 1894," and those sections shall apply accordingly;

And whereas by section 691 of "The Merchant Shipping Act. 1894," it is amongst other things provided that whenever in the course of any legal proceeding_instituted in any part of His Majesty's Dominions before any Judge or Magistrate or before any person authorized by law or by consent of parties * "London Gazette," July 7, 1908.

† See page 6.

Vol. LXXX, page 633.

to receive evidence, the testimony of any witness is required in relation to the subject-matter of that proceeding, then upon due proof, if the proceeding is instituted in the United Kingdom, that the witness cannot be found in that Kingdom, or if in any British possession that he cannot be found in that possession, any deposition that the witness may have previously made on oath in relation to the same subject-matter before any Justice or Magistrate in His Majesty's Dominions or any British Consular Officer elsewhere shall be admissible in evidence ;

And whereas by section 737 of the said last recited Act it is provided that where under that Act anything is authorized to be done by, to, or before a British Consular Officer, and in any place outside His Majesty's Dominions in which His Majesty has jurisdiction there is no such officer, such thing may be done in that place by, to, or before such officer as His Majesty in Council may direct;

And whereas the places specified in the first column of the Schedule hereto are places outside His Majesty's Dominions in which His Majesty has jurisdiction, but in which there is no British Consular Officer;

And whereas it has been made to appear to His Majesty that it is expedient that the officers named in the second column of the Schedule hereto should exercise and perform in the said places respectively the hereinbefore mentioned power and duties of a British Consular Officer to take depositions as aforesaid :

Now therefore, His Majesty, by virtue and in exercise of the power in that behalf, by section 737 of "The Merchant Shipping Act, 1894," in His Majesty vested, is pleased by and with the advice of His Privy Council to direct that the taking of depositions which is under the hereinbefore recited Acts authorized to be done by or before a British Consular Officer, may be done in the places specified in the first column of the Schedule hereto, by or before any officer for the time being acting in the office or offices respectively named in the second column of the Schedule hereto and set opposite to such places specified as aforesaid. A. W. FITZROY,

BRITISH ORDER IN COUNCIL framing Rules under The Mail Ships Act, 1891," regarding exempted Mail Ships.-Goodwood 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 Section 8 (3) of "The Mail Ships Act, 1891,"† provides that it shall be lawful for Her Majesty in Council to make Rules for carrying into effect, as respects British possessions, the provisions of that Act with respect to the security given by mail ships, and in particular with respect to the commencement of a legal proceeding by service of a writ or process in the possession, and to the notices to be given to arresting authorities in the possession, and the evidence to be receivable by such authorities of the security having been given or withdrawn, and the application of the security in discharge of any damages, fine, debt, claim, sum, or forfeiture, where the same are or is recovered or payable either in the British possession, or under proceedings pending concurrently in that British possession, and in any other British possession or the United Kingdom:

Now, therefore, His Majesty, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:

Notices of Exemption.

1. Any rules of the High Court of Justice in England, made under the provisions of "The Mail Ships Acts, 1891 and 1902 "‡ (hereinafter referred to as "the Acts"), shall be transmitted by a Secretary of State to the Government of every possession to which the Acts are applied for the purpose of a Convention, and shall be published by such Government in the Gazette of the possession, and also in such local official Gazettes published in the possession as the Government of the possession may prescribe.

2. A copy of every notice and list published by the Board of Trade under the Acts, or under any rules of Court made under the Acts, shall be transmitted by a Secretary of State to the Government of every possession to which the acts are applied for the purpose of a particular Convention.

3. A copy of every such notice and list, signed by a Secretary to the Government of the possession, or other prescribed officer, shall be published in the official Gazette of the posses* "London Gazette," August 4, 1908.

+ Vol. LXXXIII, page 125.

Vol. XCV, page 128.

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 forthwith 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