652
THE NEW ZEALAND GAZETTE.

7. With regard to Rule X., relating to the pre-
   paration of transcripts for transmission to Europe,
   their Lordships think that some regulation of this
   nature may, with great propriety, be adopted by the
   High Courts of India in the exercise of their own
   authority, but that it is unnecessary that Her
   Majesty should give any further directions therein
   beyond those contained in Rule II. of the Order in
   Council of 1853. It is undoubtedly an important
   part of the duties of the officers of Courts from
   whose authority these officers act, to take care that
   which appeals are brought, and of the Judges under
   the transcripts are prepared with all due diligence, and
   that they contain nothing of a merely formal or imma-
   terial character. Some mode of proceeding calculated
   to reduce the bulk of the papers transmitted, and
   to arrange them with greater perspicuity, is much
   needed in the causes sent home from India; but
   their Lordships conceive that it may well be left to
   the High Courts of Judicature to take the necessary
   steps for this purpose, and they hope the attention
   of the Judges of those Courts will be directed to this
   subject.

8. With regard to provisions such as those con-
   tained in Rules XXV., XXVI., XXVIII., their Lord-
   ships remark that these provisions form part of the
   existing practice and usages of the Privy Council,
   but they do not think it necessary or expedient to
   reduce them to the form of rules of Court by Her
   Majesty's authority.

9. Of the provisions contained in Rules II., III., V.,
   VI., VII., VIII., XI., XIV., XV., XVI., XVII.,
   XVIII., XIX, and possibly others which have not
   been noticed above, their Lordships remark, that
   these relate to the proceedings to be had in India
   falling within the jurisdiction of the High Courts,
   and may therefore be carried into effect by rules of
   those Courts. Their Lordships conceive that in
   framing such rules, care should be taken not in
   any way to abridge or circumscribe the rights of
   appeal already conceded to suitors by anterior Acts
   of the Crown. To such an objection Rules V. and
   XI. seem to their Lordships to be in some degree
   obnoxious. It also appears to them to be question-
   able whether the penalty to be imposed on the
   non-observance of any rule to be framed by the
   Courts in India, and enforced by them, ought
   to be the dismissal of an appeal already admitted.
   The appeal once admitted, it can only be properly
   dismissed by an order of Her Majesty, made on
   the recommendation of the Judicial Committee.
   In the cases contemplated by Rules V. and XI.,
   it will always be open to the respondent to move
   their Lordships to dismiss, for want of prosecution,
   the appeal of a party who has failed to send home
   the transcript within a reasonable time.

10. It appears, therefore, to the Lords of the
    Judicial Committee that this draft contains some
    proposals which are superfluous, because they are
    already in force; some that are objectionable, be-
    cause they are at variance with the general practice
    of the Privy Council; and some which, if desirable,
    may be introduced by the authority of the High
    Courts over their own proceedings.

11. The Lord President having received from the
    Lords of the Judicial Committee this expression of
    their opinion, will not recommend Her Majesty to
    approve the draft, but His Lordship desires me to
    address to you these observations for the considera-
    tion of the Secretary of State, and of the judicial
    authorities in India.

12. Should the Judges of the High Courts of
    India think it necessary, in pursuance of the terms
    of the Letters Patent by which they are constituted,
    to submit for the approval of Her Majesty in Coun-
    cil rules to be framed by those Courts for the regu-
    lation of their own procedure in relation to Appeals,
    I am directed to add that the draft of such proposed
    rules would receive the attentive consideration of
    the Lords of the Council.

I have, &c.,
Herman Merivale, Esq., &c., &c.
HENRY REEVE.

Colonial Secretary's Office,
Wellington, 21st September, 1874.

THE following circular despatch from the Right
Honorable the Secretary of State for the
Colonies, with its enclosures, respecting the German
Expedition now on its way from Europe for the
purpose of observing the Transit of Venus, are pub-
lished for general information.

Officers in the service of the New Zealand Govern-
ment are hereby directed to render every assistance
in their power to such of the ships and officers of the
German Empire as may visit these islands in the
course of their voyage.

WILLIAM H. REYNOLDS,
(in absence of the Colonial Secretary).

Downing Street,
18th July, 1874.

SIR, I transmit to you a copy of a letter from the
Foreign Office, enclosing a translation of a note from
the German Ambassador at this Court, requesting
various facilities for the German Expedition which
will shortly set out for the observation of the Transit
of Venus; and I request that you will render such
assistance as may be in your power in furtherance of
the desires of the German Government.

I have, &c.,
CARNARVON.

The Officer Administering
the Government of New Zealand.

The Foreign Office to the Colonial Office.
Foreign Office, 14th July, 1874.

SIR, -I am directed by the Earl of Derby to transmit
to you, for such steps as the Earl of Carnarvon may
think proper to take in the matter, a translation of a
note from the German Ambassador at this Court,
requesting various facilities for the German Expedi-
tion which will shortly set out for the observation of
the Transit of Venus.

I am &c.,
T. V. LISTER.

The Under Secretary of State,
Colonial Office.

Count Münster to the Earl of Derby.
German Embassy,
7th July, 1874.

(Translation.)
MY LORD, -As your Excellency is aware, expeditions
have been fitted out by Germany to observe the
impending Transit of Venus before the sun this year
from various points out of Europe.

The first of these expeditions will proceed by
Southampton, Alexandria, Suez to Tschifu in China,
and in its journey there and back will touch at Aden,
Point de Galle, Bombay, Madras, Singapore, and
Hong Kong, places under British sovereignty.

Another Expedition, III., intended for the Auck-
land Islands, will go partly by London, partly by
Egypt, Aden, Point de Galle to Melbourne and
Dunedin.

A further Expedition, IV., will proceed through
the Suez Canal, by Aden to Mauritius, to observe
the Transit of Venus there. Expedition II., which
has already departed in His Majesty's ship "Gazelle"
for the Kerquelen Islands, will, on its return, join
Expedition IV. at Mauritius.