500
THE NEW ZEALAND GAZETTE.

Colonial Secretary's Office,
Wellington, 18th December, 1867.
THE following Despatch, with enclosure, from Her
Majesty's Principal Secretary of State for the
Colonies, is published for general information.
E. W. STAFFORD.

[Circular.]
Downing Street,
31st August, 1867.

SIR, —The attention of Her Majesty's Government
has been called to some difficulties and inconveniences
which have been found to arise in several of the British
Colonies and Settlements from the absence of an
efficient machinery for the administration of the
jurisdiction of the Vice-Admiralty Courts therein,
and especially from the absence of any power in the
Judges of those Courts to appoint Deputies who
may hold Vice-Admiralty Courts in different parts of
the same Colony.

Very considerable improvements were effected, as
you are aware, with respect to Vice-Admiralty Courts
in British Colonies and Settlements by the Imperial
Act 26 Victoria, cap. 24. I enclose copies of that
Act, and of a circular of the 30th June, 1863, in
which the provisions of that Act are fully explained.*

Her Majesty's Government have since thought it
desirable to amend and extend the provisions of that
Act, by an Act which has lately received the Royal
Assent, intituled "An Act to extend and amend the
Vice-Admiralty Court Acts, 1863,"† a copy of which
I also enclose.

You will observe that by section five of the annexed
Act the Judge of the Court (who by section three is
declared to be the person lawfully appointed by the
Admiralty, or, in default of such appointment, the
Chief Justice or principal Judicial Officer, or the
person for the time lawfully authorized to act as the
Chief Justice or principal Judicial Officer) may, with
the approval of the Governor, appoint Deputy Judges
to assist or represent him in the discharge of his
judicial powers.

Ample powers are given to the Deputy Judges by
section six; and by section nine the Judge of the
Admiralty Court may direct when and where the
Deputy Judge shall sit, and generally make such
arrangements as shall seem proper for the division
and despatch of the business of the Court.

By section twelve the Judge has full powers given
him to appoint Deputy Registrars and Marshals.

It is only necessary for me to call your attention
to one more provision of the Act in section sixteen,
by which Her Majesty is empowered to establish one
or more Vice-Admiralty Courts in any British Pos-
session, notwithstanding that such Possession may
have previously acquired independent Legislative
powers, and by which also all existing Vice-Admiralty
Courts are confirmed.

You will communicate this Act to the Judge of
the Vice-Admiralty Court in the Colony under your
Government.

I have, &c.,
BUCKINGHAM AND CHANDOS.

Sir George Grey.

• 26 Vict., cap. 24. Explanations of the provisions of the
  Act 26 Vict., cap. 24. Circ. 30th June, 1863.

• 30 and 31 Vict., cap. 45.

CAP. XLV.

An Act to extend and amend the Vice-Admiralty
Courts Act, 1863. [15th July, 1867.]

BE it enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the
same, as follows:

Short Title.

1. This Act may be cited for all purposes as "The
   Vice-Admiralty Courts Act Amendment Act, 1867."

26 and 27 Vict., c. 24, applied.
2. This Act shall be read as one Act with "The
Vice-Admiralty Courts Act, 1863."

Interpretation of terms.
3. In the interpretation and for the purposes of
this Act (if not inconsistent with the context or
subject matter), the following terms shall have the
respective meanings hereinafter assigned to them,
that is to say—
"Judge" shall mean the person lawfully ap-
pointed by the Admiralty to be Judge of any
Vice-Admiralty Court, or, in default of such
appointment, the Chief Justice or principal
Judicial Officer, or the person for the time being
lawfully authorized to act as the Chief Justice
or principal Judicial Officer in the British
Possession in which such Court is established:
"Judicial powers" shall mean all powers and
authorities which may be lawfully exercised
by, and all duties by law imposed upon, any
such Judge in the trial, hearing, or progress
of any cause:
"Ministerial powers" shall mean all powers and
authorities which may be lawfully exercised
by, and all duties by law imposed upon, any
such Judge, not included under the term
"judicial powers":
"Sit" or "Sitting" shall mean sit or sitting for
the exercise of judicial powers, whether in
Court or in Chambers.

Tenure of office of Vice-Admiral.
4. On the Governor of any British Possession, who
is also Vice-Admiral thereof, vacating the office of
Governor of such Possession, the office of Vice-
Admiral of the same Possession shall thereupon be
deemed to be also vacant within the meaning of the
third section of "The Vice-Admiralty Courts Act,
1863."

Judge may appoint Deputy Judges.
5. The Judge of any Vice-Admiralty Court may
from time to time, with the approval in writing
of the Governor of the British Possession in which
the Court is established, appoint one or more Deputy
Judge or Judges to assist or represent him in the
execution of his judicial powers.

Judicial powers of Deputy Judges.
6. It shall be lawful for any such Deputy Judge
to exercise all the judicial powers of the Judge; and
all acts done by such Deputy Judge shall be as valid
and effectual, to all intents and purposes, as if they
had been done by the Judge; and all orders or
decrees made by such Deputy Judge shall be subject
to the same right of appeal in all respects as if they
had been made by the Judge.

Deputy Judges may sit separately.
7. Any Deputy Judge may sit at the principal seat
of Government or elsewhere in the Possession at the
same time that the Judge or any other Deputy Judge
is sitting, and either at the same or at any other
place in such Possession, and whether the Judge is
or is not at that time within the Possession.

Judge may sit with Deputy Judges.
8. The Judge may, if he thinks fit, require any
such Deputy Judge or Judges to sit with him in the
same Court, and in such case the decision of the
majority, or, if they are equally divided in opinion,
the decision of the Judge, shall be the decision of the
Court; and such decision shall be subject to the
same right of appeal in all respects as if it had been
made by the Judge alone.