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ORDERS IN COUNCIL AND TREATIES.

AT THE COURT AT WINDSOR, THE 24TH DAY OF NOVEMBER, 1891.

Present:

THE QUEEN'S MOST EXCELLENT MAJESTY.

Lord President.
Earl of Limerick.
Lord Walter Gordon-Lennox.

Sir James Fergusson, Bart.
Mr. A. J. Baltour.
Sir Charles Pearson.

WH

THEREAS by the Extradition Acts, 1870 and 1873, it was amongst other

things enacted that, where an arrangement has been made with any foreign state with respect to the surrender to such state of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign state; and that Her Majesty may, by the same or any subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions and qualifications as may be deemned expedient; and that if

, by any law made after the passing of the Act of 1870 by the legislature of any British possession, provision is made for carrying into effect within such possession the surrender of fugitive criminals who are in or suspected of being in such British possession, Her Majesty may, by the Order in Council applying the said Acts in the case of any foreign state, or by any subsequent Order, suspend the operation within any such British possession of the said Acts, or of any part thereof, so far as it relates to such foreign state, and so long as such law continues in force there and no longer :

And whereas a treaty was concluded on the twenty-sixth day of March, one thousand eight hundred and eighty-four, between Her Majesty and the President of the Oriental Republic of the Uruguay, for the mutual extradition of fugitive criminals :

And whereas by an Order of Her Majesty the Queen in Council, dated the fifth day of March, one thousand eight hundred and eighty-five, it was directed that the Extradition Acts, 1870 and 1873, should apply in the case of the Oriental Republic of the Uruguay :

And whereas by an Act of the Parliament of Canada passed in 1886, and entitled “ An Act respecting the Extradition of Fugitive Criminals,' provision is made for carrying into effect within the Dominion the surrender of fugitive criminals:

And whereas by an Order of Her Majesty the Queen in Council, dated the seventeenth day of November, one thousand eight hundred and eighty. eight, it was directed that the operation of the Extradition Acts, 1870 and 1873, should be suspended within the Dominion of Canada so long as the provision of the said Act of the Parliament of Canada of 1886 should continue Extradition of Fugitive Criminals- Uruguay.

And whereas a protocol was concluded on the twentieth day of March, one thousand eight hundred and ninety-one, between Her Majesty and the President of the Oriental Republic of the Uruguay, providing for the extension of the period stipulated in article ix, of the above-mentioned treaty of the twenty-sixth day of March, one thousand eight hundred and eighty-four, which protocol is in the terms following :

“MONTEVIDEO, the twentieth day of March, one thousand eight hundred and ninety-one, their Excellencies Mr. Ernest Mason Satow, Companion of the most distinguished Order of St. Michael and St. George, Her Britannic Majesty's Minister Resident and Consul-General, and Dr. Manuel Herrero y Espinosa, Minister for Foreign Affairs, having met together at the Ministry for Foreign Affairs with the object of providing for the extension of the period stipulated in article ix. of the treaty for the extradition of criminals in force between their respective countries for the provisional arrest of persons charged with any of the crimes or offences specified in the said treaty, and having exchanged their full powers, which were found to be in good and due form, have agreed to the following declaration, which shall be considered an integral part of the said international compact :

“ The period of thirty days fixed by article ix. of the treaty for the extradition of criminals in force between the Oriental Republic of the Uruguay and Great Britain, for the provisional arrest of persons charged with any of the crimes or offences specified in the said treaty, being thoroughly recognized as insufficient, both governments agree that the said period shall henceforth be fixed at sixty days.

“ In witness whereof the said plenipotentiaries have caused the present protocol to be drawn up in duplicate, and have signed both copies and thereto affixed their seals on the date above expressed.

(L.S.) “ ERNEST MASON SATOW.

(L.S.] " MANUEL HERRERO Y ESPINOSA." And whereas the ratifications of the said protocol were exchanged at Montevideo on the seventeenth day of July, one thousand eight hundred and ninety-one :

Now, therefore, Her Majesty, by and with the advice of her Privy Council, and in virtue of the authority committed to her by the said recited Acts, doth order, and it is hereby ordered, that from and after the seventh day of December, one thousand eight hundred and ninety-one, the said Acts shall apply in the case of the said protocol of the twentieth day of March, one thousand eight hundred and ninety-one, as fully to all intents and purposes as in the case of the said recited treaty of the twenty-sixth day of March, one thousand eight hundred and eighty-four.

Provided always, and it is hereby further ordered, that the operation of the said Extradition Acts, 1870 and 1873, shall be suspended within the Dominion of Canada so far as relates to the Oriental Republic of the Uruguay and to the said treaty and protocol, and so long as the provisions of the Canadian Act of 1886 continue in force and no longer.

Supreme Court of the North-west Territories.

AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, THE

30TH DAY OF JULY, 1891.

Present :

THE QUEEN'S MOST EXCELLENT MAJESTY.

Archbishop of York.
Lord President.

Lord Privy Seal.
Lord Arthur Hill.

of Her Majesty's reign, chapter 25, intituled “ An Act further to amend the law respecting the North-west Territories,” a supreme court of record of original and appellate jurisdiction was constituted and established in and for the North-west Territories, called “The Supreme Court of the Northwest Territories" ;

And whereas by chapter 50 of the Revised Statutes of Canada, intituled “The North-west Territories Act," the said court was continued under the name aforesaid, but no provision has yet been made for the prosecution and regulation of appeals to Her Majesty in Council from the said court;

And whereas it is expedient that provision should be made by this Order to enable parties to appeal from the decisions of the said court to Her Majesty in Council, it is hereby ordered, by the Queen's most Excellent Majesty, by and with the advice of her Privy Council, as follows:

1. Any person or persons may appeal to Her Majesty, her heirs and successors, in her or their Privy Council, from any final judgment, decree, order or sentence of the said Supreme Court of the North-west Territories in such manner, within such time, and under and subject to such rules, regulations and limitations as are hereinafter mentioned, that is to say :

In case any such judgment, decree, order or sentence shall be given or pronounced for or in respect of any sum or matter at issue above the amount or value of three hundred pounds sterling (£300), or in case such judgment, decree, order or sentence shall involve, directly or indirectly, any claim, demand or question to or respecting property or any civil right amounting to or of the value of three hundred pounds sterling (£300), the person or persons feeling aggrieved by any such judgment, decree, order or sentence may, within fourteen days next after the same shall have been pronounced, made or given, apply to the said court by motion or petition for leave to appeal therefrom to Her Majesty, her heirs and successors, in her or their Privy Council ;

In case such leave to appeal shall be prayed by the party or parties who is or are directed to pay any such sum of money or perform any duty, the said court may either direct that the judgment, decree, order or sentence appealed from shall be carried into execution, or that the execution thereof shall be suspended pending the said appeal, as to the said court may appear to be most consistent with real and substantial justice;

And in case the said court shall direct such judgment, decree, order or sentence to be carried into execution, the person or persons in whose favour the same shall be given shall, before the execution thereof, enter into good Supreme Court of the North-west Territories.

and sufficient security to be approved by the said court, for the due performance of such order as Her Majesty, her heirs and successors, shall think fit to make upon such appeal ;

In all cases security shall also be given by the party or parties appellant in a bond or mortgage or personal recognizance not exceeding the value of five hundred pounds sterling (£500) for

the prosecution of the appeal, and the payment of all such costs as may be awarded by Her Majesty, her heirs and successors, or by the Judicial Committee of Her Majesty's Privy Council, to the party or parties respondent; and if such last-mentioned security shall be entered into within three months from the date of such motion or petition for leave to appeal, then and not otherwise the said court shall admit the appeal, and the party or parties appellant shall be at liberty to prefer and prosecute his, her or their appeal to Her Majesty, her heirs and successors, in her or their Privy Council, in such manner and under such rules as are or may be observed in appeals made to Her Majesty from Her Majesty's colonies and plantations abroad.

2. It shall be lawful for the said Supreme Court, at its discretion, on the motion or petition of any party who considers himself aggrieved by any preliminary or interlocutory judgment, decree, order or sentence of the said Supreme Court, to grant permission to such party to appeal against the same to Her Majesty, her heirs and successors, in her or their Privy Council, subject to the same rules, regulations and limitations as are herein expressed respecting appeals from final judgments, decrees, orders and sentences.

3. Nothing herein contained doth or shall extend or be construed to extend to take away or abridge the undoubted right and authority of Her Majesty, her heirs and successors, upon the humble petition of any person or persons aggrieved by any judgment or determination of the said court, at any time to admit his, her or their appeal therefrom, upon such terms as Her Majesty, her heirs or successors, shall think fit, and to reverse, correct or vary such judgment or determination in such manner as to Her Majesty, her heirs and successors, shall seem meet.

4. In all cases of appeal admitted by the said court, or by Her Majesty, her heirs or successors, the said court shall certify and transmit to Her Majesty, her heirs or successors, in her or their Privy Council, a true and exact copy of all evidence, proceedings, judgments, decrees and orders had or made in such cases appealed so far as the same have relation to the matter of appeal, such copies to be certified under the seal of the said court, and the said court shall also certify and transmit to Her Majesty, her heirs and successors, in her or their Privy Council, a copy of the reasons given by the judges of such court, or by any of such judges, for or against the judgment or determination appealed against, where such reasons shall have been given in writing, and where such reasons shall have been given orally, then a statement in writing of the reasons given by the judges of such court, or by any of such judges, for or against the judgment or determination appealed against.

5. The said court shall, in all cases of appeal to Her Majesty, her heirs or successors, conform to and execute, or cause to be executed, such judgments and orders as Her Majesty, her heirs and successors, shall think fit to make in Supreme Court of the North-west Territories.

the premises in such manner as any original judgment, decree or decretal order, or other order or rule of the said court should or might have been executed.

And the Right Honourable Lord Knutsford, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

C. L. PEEL.

AT THE COURT AT WINDSOR, THE 16T1 DAY OF MARCII, 1892.

Present :

THE QUEEN'S MOST EXCELLENT MAJESTY.

Lord President.

Marquess of Salisbury.
Duke of Rutland.

Lord Chamberlain.
W

HEREAS by an Act of the Parliament of Manitoba passed in the 48th

year of Her Majesty's reign, chapter 48, entitled “ An Act respecting the Court of Queen's Bench," it was enacted that Her Majesty's Court of Queen's Bench for Manitoba should exist and continue under the name and style of “Her Majesty's Court of Queen's Bench for Manitoba," and that it was and should continue to be a court of original and appellate jurisdiction, and should possess and exercise all such powers and authorities as by the laws of England are incident to a superior court of record of civil and criminal jurisdiction, in all matters civil and criminal whatsoever, but no provision has yet been made for the prosecution and regulation of appeals to Her Majesty iu Council from the said court;

And whereas it is expedient that provision should be made by this Order to enable parties to appeal from the decisions of the said court to Her Majesty in Council, it is hereby ordered, by the Queen's most Excellent Majesty, by and with the advice of her Privy Council, as follows:

1. Any person or persons may appeal to Her Majesty, her heirs and successors, in her or their Privy Council, from any final judgment, decree, order or sentence of the said Court of Queen’s Bench of Manitoba, in such manner, within such time, and under and subject to such rules, regulations and limitations as are hereinafter mentioned, that is to say:

In case any such judgment, decree, order or sentence shall be given or pronounced for or in respect of any sum or matter at issue above the amount or value of three hundred pounds sterling (£300), or in case such judgment, decree, order or sentence shall involve, directly or indirectly, any claim, demand or question to or respecting property or any civil right ainounting to or of the value of three hundred pounds sterling (£300), the person or persons feeling aggrieved by any such judgment, decree, order or sentence may, within fourteen days next after the same shall have been pronounced, made or given, apply to the said court by motion or petition for leave to appeal therefrom to Her Majesty, her heirs and successors, in her or their Privy Council;

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