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.] II 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.-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 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. LXXXVII, page 637. Vol. XCVI, page 108. page 6. 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. Secretary Sir Edward Grey. Sir Dighton Probyn. 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. 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, "§ +"London Gazette," October 6, 1908. § Vol. LXXVIII, page 824. See page 149. Vol. LXXXV, page 1053. |