FEB. 12.] THE NEW ZEALAND GAZETTE. 237

48. Nearly all the colonial Governments recognise the
    obligation to be incumbent upon them of providing that the
    existing officers (who, it is believed, are in every case colonial
    Civil servants) shall not suffer pecuniary loss by the abolition
    of the Vice-Admiralty Courts. It may be pointed out, with
    reference to the few colonies where a doubtful opinion as to
    this obligation has been entertained, that under the new
    state of things practically the same fees will be payable to
    the colonial Governments as have hitherto been payable to
    the officers of the Imperial Court, and that the compensation
    required to be made under section 17 (3) will not exceed the
    average amount of fees actually taken, and that the demand
    is subject to a continued performance of the duties.

I have, &c.,
KNOTSFORD.

The Officer Administering the Government of
New Zealand.

CHAPTER 27.

An Act to amend the Law respecting the Exercise of Ad-
miralty Jurisdiction in Her Majesty's Dominions and
elsewhere out of the United Kingdom.

[25th July, 1890.

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 as "The Colonial Courts of Ad-
   miralty Act, 1890."

Colonial Courts of Admiralty.

2. (1.) Every Court of law in a British possession which
   is for the time being declared in pursuance of this Act to be
   a Court of Admiralty, or which, if no such declaration is in
   force in the possession, has therein original unlimited civil
   jurisdiction, shall be a Court of Admiralty, with the juris-
   diction in this Act mentioned, and may for the purpose of
   that jurisdiction exercise all the powers which it possesses
   for the purpose of its other civil jurisdiction, and such Court
   in reference to the jurisdiction conferred by this Act is in
   this Act referred to as a colonial Court of Admiralty.
   Where in a British possession the Governor is the sole
   judicial authority, the expression "Court of law" for the
   purposes of this section includes such Governor.

(2.) The jurisdiction of a colonial Court of Admiralty
shall, subject to the provisions of this Act, be over the like
places, persons, matters, and things as the Admiralty juris-
diction of the High Court in England, whether existing by
virtue of any statute or otherwise, and the colonial Court of
Admiralty may exercise such jurisdiction in like manner
and to as full an extent as the High Court in England, and
shall have the same regard as that Court to international
law and the comity of nations.

(3.) Subject to the provisions of this Act any enactment
referring to a Vice-Admiralty Court which is contained in
an Act of the Imperial Parliament or in a colonial law shall
apply to a colonial Court of Admiralty, and be read as if
the expression "Colonial Court of Admiralty" were therein
substituted for "Vice-Admiralty Court" or for other expres-
sions respectively referring to such Vice-Admiralty Courts
or the Judge thereof, and the Colonial Court of Admiralty
shall have jurisdiction accordingly.

Provided as follows:—

(a.) Any enactment in an Act of the Imperial Parliament
referring to the Admiralty jurisdiction of the High
Court in England, when applied to a colonial Court
of Admiralty in a British possession, shall be read
as if the name of that possession were therein sub-
stituted for England and Wales; and

(b.) A colonial Court of Admiralty shall have under "The
Naval Prize Act, 1864," and under "The Slave
Trade Act, 1873," and any enactment relating to
prize or the slave trade, the jurisdiction thereby
conferred on a Vice-Admiralty Court and not the
jurisdiction thereby conferred exclusively on the
High Court of Admiralty or the High Court of
Justice; but, unless for the time being duly autho-
rised, shall not by virtue of this Act exercise any
jurisdiction under "The Naval Prize Act, 1864," or
otherwise in relation to prize; and

(c.) A colonial Court of Admiralty shall not have juris-
diction under this Act to try or punish a person for
an offence which according to the law of England
is punishable on indictment; and

(d.) A colonial Court of Admiralty shall not have any
greater jurisdiction in relation to the laws and
regulations relating to Her Majesty's navy at sea,
or under any Act providing for the discipline of Her
Majesty's navy, than may be from time to time
conferred on such Court by Order in Council.

(4.) Where a Court in a British possession exercises in
respect of matters arising outside the body of a county or other
like part of a British possession any jurisdiction exercisable
under this Act, that jurisdiction shall be deemed to be
exercised under this Act and not otherwise.

Power of colonial Legislature as to Admiralty jurisdiction.

3. The Legislature of a British possession may by any
   colonial law—

(a.) Declare any Court of unlimited civil jurisdiction,
whether original or appellate, in that possession to
be a colonial Court of Admiralty, and provide for
the exercise by such Court of its jurisdiction under
this Act, and limit territorially, or otherwise, the
extent of such jurisdiction; and

(b.) Confer upon any inferior or subordinate Court in that
possession such partial or limited Admiralty juris-
diction under such regulations and with such
appeal (if any) as may seem fit:

Provided that any such colonial law shall not confer any
jurisdiction which is not by this Act conferred upon a colonial
Court of Admiralty.

Reservation of colonial law for Her Majesty's assent.

4. Every colonial law which is made in pursuance of this
   Act, or affects the jurisdiction of, or practice or procedure
   in, any Court of such possession in respect of the jurisdiction
   conferred by this Act, or alters any such colonial law as
   above in this section mentioned, which has been previously
   passed, shall, unless previously approved by Her Majesty
   through a Secretary of State, either be reserved for the
   signification of Her Majesty's pleasure thereon, or contain a
   suspending clause providing that such law shall not come
   into operation until Her Majesty's pleasure thereon has been
   publicly signified in the British possession in which it has
   been passed.

Local Admiralty appeal.

5. Subject to rules of Court under this Act, judgments of a
   Court in a British possession given or made in the exercise
   of the jurisdiction conferred on it by this Act shall be
   subject to the like local appeal (if any) as judgments of the
   Court in the exercise of its ordinary civil jurisdiction, and
   the Court having cognisance of such appeal shall, for the
   purpose thereof, possess all the jurisdiction by this Act con-
   ferred upon a colonial Court of Admiralty.

Admiralty appeal to the Queen in Council.

6. (1.) The appeal from a judgment of any Court in a
   British possession in the exercise of the jurisdiction con-
   ferred by this Act, either where there is as of right no local
   appeal, or after a decision on local appeal, lies to Her
   Majesty the Queen in Council.

(2.) Save as may be otherwise specially allowed in a par-
ticular case by Her Majesty the Queen in Council, an appeal
under this section shall not be allowed—

(a.) From any judgment not having the effect of a defini-
tive judgment unless the Court appealed from has
given leave for such appeal; nor

(b.) From any judgment unless the petition of appeal has
been lodged within the time prescribed by rules, or,
if no time is prescribed, within six months from the
date of the judgment appealed against, or, if leave
to appeal has been given, then from the date of
such leave.

(3.) For the purpose of appeals under this Act, Her
Majesty the Queen in Council and the Judicial Committee
of the Privy Council shall, subject to rules under this section,
have all such powers for making and enforcing judgments,
whether interlocutory or final, for punishing contempts, for
requiring the payment of money into Court, or for any other
purpose, as may be necessary, or as were possessed by the
High Court of Delegates before the passing of the Act trans-
ferring the powers of such Court to Her Majesty in Council,
or as are for the time being possessed by the High Court in
England, or by the Court appealed from in relation to the
like matters as those forming the subject of appeals under
this Act.

(4.) All Orders of the Queen in Council or the Judicial
Committee of the Privy Council for the purposes aforesaid
or otherwise in relation to appeals under this Act shall have
full effect throughout Her Majesty's dominions, and in all
places where Her Majesty has jurisdiction.

(5.) This section shall be in addition to and not in deroga-
tion of the authority of Her Majesty in Council or the
Judicial Committee of the Privy Council arising otherwise
than under this Act, and all enactments relating to appeals
to Her Majesty in Council or to the powers of Her Majesty
in Council or the Judicial Committee of the Privy Council
in relation to those appeals, whether for making rules and
orders or otherwise, shall extend, save as otherwise directed
by Her Majesty in Council, to appeals to Her Majesty in
Council under this Act.

Rules of Court.

7. (1.) Rules of Court for regulating the procedure and
   practice (including fees and costs) in a Court in a British
   possession in the exercise of the jurisdiction conferred by