Mar. 5.] THE NEW ZEALAND GAZETTE. 417

security given by him to answer judgment, but the ship of
the defendant in the other cause cannot be arrested, and
security has not been given to answer judgment therein, the
Court may, if it think fit, suspend the proceedings in the
former cause until security has been given to answer judgment
in the latter cause.

No Appeal save from final Sentence or Order.

22. The appeal from a decree or order of a Vice-Admiralty
    Court lies to Her Majesty in Council; but no appeal shall be
    allowed, save by permission of the Judge, from any decree or
    order not having the force or effect of a definite sentence or
    final order.

Appeal to be made within Six Months.

23. The time for appealing from any decree or order of a
    Vice-Admiralty Court shall, notwithstanding any existing
    enactment to the contrary, be limited to six months from the
    date of the decree or order appealed from; and no appeal
    shall be allowed where the petition of appeal to Her Majesty
    shall not have been lodged in the registry of the High Court
    of Admiralty and of Appeals within that time, unless Her
    Majesty in Council shall, on the report and recommendation
    of the Judicial Committee of the Privy Council, be pleased
    to allow the appeal to be prosecuted, notwithstanding that
    the petition of appeal has not been lodged within the time
    prescribed.

Acts repealed. Saving Rules established under 2 and 3 W. 4, c. 51.

24. The Acts enumerated in the Schedule hereto annexed
    marked B are hereby repealed to the extent therein men-
    tioned, but the repeal thereof shall not affect the validity of
    any rules, orders, regulations, or tables of fees heretofore
    established and now in force, in pursuance of the Act of the
    Second and Third William the Fourth, chapter fifty-one;
    but such rules, orders, regulations, and tables of fees shall
    continue in force until repealed or altered under the provi-
    sions of this Act.

SCHEDULE A.

LIST OF THE EXISTING VICE-ADMIRALTY COURTS TO WHICH
THIS ACT APPLIES.

ANTIGUA, Bahamas, Barbadoes, Bermuda, British Columbia,
British Guiana, British Honduras, Cape of Good Hope,
Ceylon, Dominica, Falkland Islands, Gambia River, Gibraltar,
Gold Coast, Grenada, Hong Kong, Jamaica, Labuan, Lagos,
Lower Canada (otherwise Quebec), Malta, Mauritius, Mont-
serrat, Natal, Nevis, New Brunswick, Newfoundland, New
South Wales, New Zealand, Nova Scotia (otherwise Halifax),
Prince Edward Island, Queensland, St. Christopher, St.
Helena, St. Lucia, St. Vincent, Sierra Leone, South Aus-
tralia, Tasmania (formerly called Van Diemen’s Land),
Tobago, Trinidad, Vancouver’s Island, Victoria, Virgin
Islands (otherwise Tortola), Western Australia.

SCHEDULE B.

ACTS AND PARTS OF ACTS REPEALED.

ANNO TRICESIMO ET TRICESIMO PRIMO VICTORIÆ REGINÆ.—
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 as-
sembled, 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 herein-
   after assigned to them, that is to say,—

“Judge” shall mean the person lawfully appointed 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 au-
thorities 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.

Judge to regulate Proceedings.

9. The Judge may direct at what place and time any such
   Deputy Judge shall sit, and what causes shall be heard
   before him, and generally make such arrangements as to
   him shall seem proper as to the division and despatch of the
   business of the Court.

Tenure of Office of Deputy Judges.

10. The Judge may, if he thinks fit, with the approval in
    writing of the Governor, at any time revoke the appointment
    of any such Deputy Judge or Judges, but the appointment
    shall not be determined by the occurrence of a vacancy in
    the office of the Judge.

Judge may delegate Ministerial Powers.

11. The Judge may, if he thinks fit, from time to time
    delegate all or any of his ministerial powers to any such
    Deputy Judge or Judges.