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replaced by the following Rules which are published for general

information.

Zomba, Nyasaland, February 22, 1910.

Rules.

A. JAY WILLIAMS,

Chief Assistant Secretary.

1. Where under "The Foreign Tribunals Evidence Act, 1856, or "The Fugitive Criminals Surrender Ordinance, 1907,"† section 15, any civil or commercial matter or any criminal matter, is pending before a Court or Tribunal of a foreign country, and it is made to appear to the Court or a Judge, by Commission Rogatoire or Letter of Request, or other evidence as hereinafter provided, that such Court or Tribunal is desirous of obtaining the testimony in relation to such matter of any witness or witnesses within the jurisdiction, the Court or a Judge may, on the ex parte application of any person shown to be duly authorized to make the application on behalf of such foreign Court or Tribunal, and on production of the Commission Rogatoire or Letter of Request, or of a certificate signed in the manner, and certifying to the effect mentioned in section 2 of "The Foreign Tribunals Evidence Act, 1856," or such other evidence as the Court or a Judge may require, make such order or orders as may be necessary to give effect to the intention of the enactments above mentioned in conformity with section 1 of the said "Foreign Tribunals Evidence Act, 1856."

2. An order made under the last preceding Rule shall be in Form No. I in the Schedule to these Rules which may be cited as Form No. I, with such variations as circumstances may require.

3. The examination may be ordered to be taken before any fit and proper person nominated by the person applying, or before any pleader of the High Court or such other qualified person as to the Court or a Judge may seem fit.

4. Unless otherwise provided in the order for examination, the person before whom the examination is taken shall, on its completion, forward the same to the Judge of the High Court or if there should be more than one Judge to the principal Judge, and on receipt thereof the Judge shall append thereto a certificate in Form No. II in the Schedule to these Rules, which may be cited as Form No. II, with such variations as circumstances may require, duly sealed with the Seal of the High Court, and shall forward the depositions so certified and the Commission Rogatoire or Letter of Request, if any, to the Governor. The Governor shall thereupon affix the Public Seal of Nyasaland to the certificate above mentioned, and shall forward

* Vol. XLVI, page 559.

+ Vol. C, page 625.

it together with the depositions and the Commission Rogatoire or Letter of Request, if any, to His Majesty's Secretary of State for the Colonies for transmission through His Majesty's Secretary of State for Foreign Affairs to the Foreign Court or Tribunal requiring the same: Provided always that where the Commission Rogatoire or Letter of Request has been received by the Governor direct from the foreign State for whose Tribunal the evidence is sought, the said certificate, depositions, and Commission Rogatoire or Letter of Request, if any, shall be forwarded direct to the officer from whom the said Commission Rogatoire or Letter of Request was received.

5. An order under Rule 1 hereof may, if the Court or a Judge shall think fit, direct the said examination to be taken in such manner as may be requested by the Commission Rogatoire or Letter of Request from the foreign Court, or therein signified to be in accordance with the practice or requirements of such Court or Tribunal or which may, for the same reason, be requested by the applicant for such order. But in the absence of any such special directions being given in the order for examination the same shall be taken in the manner prescribed in Part II of Order 37 of the Rules of the Supreme Court, England, or as near thereto as local circumstances admit, and where such examination is ordered to be taken before a pleader of the High Court, the Rules in Part V of the said order, shall, so far as local circumstances admit, apply to such examination.

6. Rules 1 to 5 inclusive hereof shall apply, as far as may be, to applications under "The Evidence by Commission Act, 1859" (22 Vic., c. 20),* for the purpose of giving effect to any Commission or Letter of Request from any British Tribunal out of the jurisdiction, and in such cases the depositions certified as above provided and Letter of Request, if any, shall be forwarded by the Judge to the Governor for transmission to His Majesty's Secretary of State for the Colonies: Provided always that where the Commission or Letter of Request has been received by the Governor direct from such British Tribunal the said certificate, depositions, Commission or Letter of Request, if any, shall be forwarded direct to the officer from whom the said Commission or Letter of Request was received.

7. Where a Commission Rogatoire or Letter of Request, as mentioned in Rule 1 hereof, is transmitted to the High Court by His Majesty's Secretary of State for Foreign Affairs with an intimation that it is desirable that effect should be given to the same without requiring an application to be made to the Court by the agents in the Protectorate of any of the parties to the action or matter in the foreign country, the Judge shall transmit the same to the Attorney-General, who may thereupon with the consent of the Governor, make such applications and take such steps as may be necessary to give effect to such Commission

*See "Hertelet's Commercial Treaties," Vol. XI,

page 236.

Rogatoire or Letter of Request, in accordance with Rules 1 to 5 inclusive hereof.

Blantyre, Nyasaland, February 22, 1910.

R. W. LYALL GRANT,

Acting Judge of the High Court.

SCHEDULE.

[Forms not printed.]

NOTICE of the Government of the Nyasaland Protectorate under "The Fugitive Criminals Surrender Ordinance, 1907."-Zomba, June 1, 1911.

[No. 94, 1911.]

Ir is hereby notified for general information that under and by virtue of the powers conferred upon him by section 2 of "The Fugitive Criminals Surrender Ordinance, 1907,"* and with reference to the notice thereunder made and published in the "Gazette" of the 31st July, 1908,† by which the said Ordinance was applied to certain foreign States, his Excellency the Governor has been pleased to direct that in the case of the undermentioned foreign States the said Ordinance shall cease to apply, and the said Notice is hereby amended by the omission of the names of these States::

Belgium.‡
Brazil.
Netherlands.

By command of his Excellency the Governor,

Portugal.

H. L. DUFF, Acting Deputy Governor.

Zomba, Nyasaland, June 1, 1911.

* Vol. C, page 625.

+ Vol. CI, page 836.

This Notice was repealed, in so far as it refers to Belgium, by Notice No. 201 of November 1, 1911, page 546.

[1910-11. CIV.]

2 N

NOTICE of the Government of the Nyasaland Protectorate under "The Fugitive Criminals Surrender Ordinance, 1907."*-Zomba, June 12, 1911.

[No. 95, 1911.]

Ir is hereby notified for general information that under and by virtue of the powers conferred upon him by section 2 of "The Fugitive Criminals Surrender Ordinance, 1907,"* and with reference to the notice thereunder made and published in the "Gazette" of the 31st July, 1908,"† by which the said Ordinance was applied to certain foreign States and Protectorates, his Excellency the Governor has been pleased to direct that in the case of the undermentioned foreign Protectorates the said Ordinance shall apply, and the said notice is hereby amended by the inclusion of these Protectorates :

All German Protectorates.

By command of his Excellency the Governor,

F. B. PEARCE, Deputy Governor.

Zomba, Nyasaland, June 12, 1911.

NOTICE of the Government of the Nyasaland Protectorate under "The Fugitive Criminals Surrender Ordinance, 1907."*-Zomba, November 1, 1911.

[No. 201, 1911.]

It is hereby notified for general information that under and by virtue of the powers conferred upon him by section 2 of "The Fugitive Criminals Surrender Ordinance, 1907,"* and with reference to the notice thereunder made and published in the "Gazette" of the 31st July, 1908,† whereby the said Ordinance was applied to certain foreign States and Protectorates, his Excellency the Governor has been pleased to direct that in the case of the undermentioned foreign State the said Ordinance shall apply:

Belgium.

Notice No. 94 of 1911 is repealed in so far as it refers to Belgium.

By command of his Excellency the Governor,
F. B. PEARCE, Deputy Governor.

Zomba, Nyasaland, November 1, 1911.

* Vol. C, page 625.

+ Vol. CI, page 836.

ORDINANCE of the Government of Papua to amend the Law relating to Aliens.

[No. 26.]

[Assented to October 6,

1911.7

BE it enacted by the Lieutenant-Governor of the Territory of Papua, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as "The Aliens Ordinance, 1911."

2. "The Aliens Act of 1867" (Queensland Adopted), 31 Vic., No. 28, is hereby repealed.

3.-(1.) Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as a natural born British subject, and a title to real and personal property of every description may be derived through, from, or in succession to an alien in the same manner in all respects as if he were a natural born British subject.

(2.) The provisions of sub-section (1) of this section shall not entitle an alien to any right or privilege as a British subject, except such rights and privileges in respect of property as are thereby expressly given to him.

4. A woman who, not being a British subject, marries a British subject shall in the Territory be deemed to be thereby naturalized and have the same rights, powers, and privileges, and be subject to the same obligations as a person who has obtained a certificate of naturalisation.

5. A person resident in the Territory, not being a British subject and not being an aboriginal native of Asia, Africa, or the islands of the Pacific, excepting New Zealand, who intends to settle in the Territory, and who has resided in the Territory continuously for two years immediately preceding the application, may apply to the Lieutenant-Governor for a certificate of naturalisation.

6. An applicant for letters of naturalisation shall produce in support of his application

(a.) His own statutory declaration stating his name, age, birthplace, occupation, and residence, the length of his residence in the Territory, the place from whence he arrived in the Territory, and that he intends to settle in the Territory;

(b.) A certificate signed by a Resident or Assistant Resident Magistrate, a Justice of the Peace, a postmaster, or a European Officer of Police that the applicant is known to him and is a person of good repute.

7. The Lieutenant-Governor in Council, if satisfied with the evidence adduced, shall consider the application, and may, with or without assigning any reason, in his discretion grant or withhold a certificate of naturalisation as he thinks most conducive to the public good:

Provided that the Lieutenant-Governor shall not issue the

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