BRITISH ORDER IN COUNCIL applying Section 20 of "The Finance Act, 1894," to the Gambia Protectorate and Zanzibar.-London, November 6, 1916.* At the Court at Buckingham Palace, the 6th day of PRESENT THE KING'S MOST EXCELLENT MAJESTY. Lord President. Lord Steward. WHEREAS by "The Foreign Jurisdiction Acts, 1890† and 1913, it is, amongst other things, provided that it shall be lawful for His Majesty in Council, by Order, to direct that section 20 of "The Finance Act, 1894,"§ shall extend, with or without any exceptions, adaptations, or modifications, in the Order mentioned, to any foreign country in which, for the time being, His Majesty has jurisdiction, and that thereupon that section shall, to the extent of that jurisdiction, operate as if that country were a British Possession, and as if His Majesty in Council were the Legislature of that Possession: And whereas by treaty, grant, usage, sufferance, and other lawful means, His Majesty the King has power and jurisdiction in the Gambia Protectorate and Zanzibar: And whereas it is expedient that section 20 of "The Finance Act, 1894," shall be extended to the said Protectorates : Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Acts, 1890 and 1913," or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that section 20 of "The Finance Act, 1894," shall, from the date of this Order, apply to the Gambia Protectorate and Zanzibar, as though each of the said Protectorates were a British Possession. And the Right Honourable Andrew Bonar Law, His Majesty's Principal Secretary of State for the Colonies, is to give the necessary directions herein accordingly. ALMERIC FITZROY. ** " London Gazette," November 10, 1916. † Vol. LXXXII, page 656. Vol. CVI, page 38. Vol. LXXXVII, page 669. BRITISH ORDER IN COUNCIL applying the provisions of "The Colonial Probates Act, 1892," to the East Africa Protectorate, the Bechuanaland Protectorate, Northern Rhodesia, Southern Rhodesia, Swaziland, and Weihaiwei.-London, November 6, 1916.* At the Court at Buckingham Palace, the 6th day of PRESENT: THE KING'S MOST EXCELLENT MAJESTY. Lord President. Lord Steward. WHEREAS by "The Foreign Jurisdiction Acts, 1890† and 1913," it is, amongst other things, provided that it shall be lawful for His Majesty in Council, by Order, to direct that "The Colonial Probates Act, 1892, "§ shall extend, with or without any exceptions, adaptations, or modifications, in the Order mentioned, to any foreign country in which, for the time being, His Majesty has jurisdiction, and that thereupon the said Act shall, to the extent of that jurisdiction, operate as if that country were a British Possession, and as if His Majesty in Council were the Legislature of that Possession: And whereas by treaty, grant, usage, sufferance, and other lawful means, His Majesty the King has power and jurisdiction in the East Africa Protectorate, the Bechuanaland Protectorate, Northern Rhodesia, Southern Rhodesia, Swaziland, and Weihaiwei: And whereas His Majesty the King is satisfied that the Legislatures of the said Protectorates have made adequate provision for the recognition therein respectively of Probates and Letters of Administration granted by the Courts of the United Kingdom: And whereas it is expedient that "The Colonial Probates Act, 1892," should be extended to the said Protectorates : Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Acts, 1890 and 1913," 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. "The Colonial Probates Act, 1892," shall from the date of this Order apply to the East Africa Protectorate, the Bechuanaland Protectorate, Northern Rhodesia, Southern Rhodesia, Swaziland, and Weihaiwei, as though each of the "London Gazette," November 10, 1916. † Vol. LXXXII, page 656. Vol. CVI, page 38. said Protectorates were a British Possession within the meaning of the said Act. 2. The Order of His late Majesty King Edward VII in Council, bearing date the 28th day of July, 1906,* and declaring that "The Colonial Probates Act, 1892," shall extend to authorize the sealing in the United Kingdom of Probates or Letters of Administration granted by the High Court of Southern Rhodesia, shall be and the same is hereby revoked, without prejudice to anything lawfully done thereunder. And the Right Honourable Andrew Bonar Law, His Majesty's Principal Secretary of State for the Colonies, is to give the necessary directions herein accordingly. ALMERIC FITZROY. BRITISH NOTIFICATION of Portuguese Decree relating to Procedure in Prize Courts.-London, November 11, 1916.+ Foreign Office, November 11, 1916. WITH reference to the notification which was published in the "London Gazette" of May 30 last a translation is appended of the Portuguese Decree No. 2565 of August 14, 1916, relating to procedure in the Portuguese Prize Courts:(Translation.) Decree No. 2565 (August 14, 1916). ART. 1. The form of procedure in the Prize Courts shall be the summary form laid down in Decree No. 3 of the 29th day of May, 1907, with the modifications set forth in the following Articles : 2. In the Statement of Claim the plaintiff shall ask that the Defendant be served with notice to produce, at the Registrar's Office, within the fixed period of five days, a Statement of Defence, setting forth his whole defence. Sub-Clause 1. With regard to Article 36 of the Decree No. 2350 of the 20th of April, 1916, the action shall be laid against the Depository-Administrator, or the Advocate, and, at the same time, his appointment and a summons for him to appear shall be applied for. Sub-Clause 2. When it is necessary to do so, the Judge shall at once proceed to make such appointment, and, in the same Order, shall order the summons to be issued. Service of this summons must be effected within forty-eight hours. *Vol. XCIX, page 481. London Gazette," November 14, 1916. Page 219. 3. If the hearing of witnesses shall have been applied for, then during the three days following the filing of the Statement of Defence, or such further period as may be granted for the purpose, not more than three witnesses put forward by each party shall be heard, no interlocutory proceeding or other delay being admitted; and, on the day next following, the Judge shall deliver Provisional Judgment. Notice of this Judgment shall be served within twenty-four hours, or it may be made public at a sitting of the Court, and thenceforth shall be of full effect and validity. 4. Upon the termination of the above mentioned proceedings the case shall be allotted according to its class to a Registrar of the Court. The plaintiff may then reply to the Statement of Defence already filed: this reply must be filed and the other proceedings set forth in the 5th and following Articles of Decree No. 3 of the 29th day of May, 1907, shall be completed within 5 days of service of notice on publication of the Provisional Judgment. Sole Sub-Clause.-Should there have been no Statement of Defence, or if it is declared to be of no avail, the Provisional Judgment shall become final. 5. From the final Judgment, delivered in Prize Proceedings, an Appeal will always lie direct to the Supremo Tribunal de Justica (the Supreme Court of Justice), where cognisance will be taken of the nullities alleged, and of Interlocutory Appeals which may be pending, no other Appeal being allowed. 6. The surveys of vessels, made by the Technical Committees, which are treated of in Article 29* of Decree No. 2350, are sufficient proof both for the Provisional and the Final Judgments. 7. Judgments upholding a capture, whether provisional or final, shall be communicated direct by the Judges delivering them to the Ministry for Foreign Affairs in view of the possible bearing thereon of Article 2 of the 12th Hague Convention of October, 1907,† approved by the Decree of 24th February, 1911. 8. The Legal Representative of the State shall always intervene as the principal party in Prize Proceedings, without prejudice to any other legitimately interested person being a co-Plaintiff therein. 9. There shall be no vacation terms in the proceedings treated of by this Decree. 10. This Decree shall come into force immediately, and all provisions which are antagonistic are revoked. The Ministers of all the Departments will thus take cognisance of it, and cause it to be carried out. * Relating to survey of enemy vessels seized with a view of ascertaining whether they are adapted for conversion into warships. ↑ Vol. C, page 435. BRITISH ORDER IN COUNCIL applying the First Section of "The Marriage of British Subjects (Facilities) Act, 1915," to the Sierra Leone Protectorate and Weihaiwei.-London, November 16, 1916.* At the Court at Buckingham Palace, the 16th day of November, 1916. PRESENT THE KING'S MOST EXCELLENT MAJESTY. Lord President. Sir Francis Hopwood. Lord Chamberlain. Sir Frederick Ponsonby. WHEREAS by the first section of "The Marriage of British Subjects (Facilities) Act, 1915," it is (amongst other things) enacted as follows: 'Where His Majesty is satisfied that the law in force in any part of His Majesty's Dominions outside the United Kingdom makes due provision for the publication of banns or for the giving of notice in respect of marriages between British Subjects intended to be solemnised or contracted in the United Kingdom, and for the recognition of certificates for marriage issued by the Superintendent Registrars in England, and of certificates for marriage issued by Registrars, and certificates. of proclamation of banns, in Scotland, and of certificates for marriage issued by Registrars in Ireland, as sufficient notice in respect of marriages between British Subjects intended to be solemnised or contracted in that part of His His Majesty's Dominions, His Majesty may, by Order in Council, declare that this section shall apply to that part of His Dominions, and in such case : "(a.) Where a marriage is intended to be solemnised or contracted in the United Kingdom between a British Subect resident in England, Scotland, or Ireland, and a British Subject resident in that part of His Majesty's Dominions, a certificate of notice of marriage issued in accordance with such law shall in England have the same effect as a certificate for marriage issued by a Superintendent Registrar, and in Scotland and Ireland have the same effect as a certificate for marriage issued by a Registrar in Scotland and Ireland respectively; and "London Gazette," November 21, 1916. †]Vol. CIX, page 4. |