Oct. 17.] THE NEW ZEALAND GAZETTE. 1615

Despatch.—Rules under “The Mail-ships Act, 1891”
(Imperial).

Colonial Secretary's Office,
Wellington, 11th October, 1895.

THE following despatch, received from Her Majesty's
Principal Secretary of State for the Colonies, is
published for general information.

P. A. BUCKLEY.

(Circular.) Downing Street, 6th July, 1895.
SIR,—With reference to Lord Knutsford's circular despatches
of 12th August, 1891, and 20th February, 1892, I have the
honour to transmit to you a copy of an Order of the Queen
in Council making rules under section 8, subsection (3), of
“The Mail-ships Act, 1891,” and which is to be cited as
“The Mail-ships (Rules) Order in Council, 1895.”

I have, &c.,
J. CHAMBERLAIN.

The Officer administering the Government
of New Zealand.

[Extract from London Gazette, Friday, 17th May, 1895.]
ORDER IN COUNCIL.—“THE MAIL-SHIPS (RULES) ORDER IN
COUNCIL, 1895.”

Windsor, 11th May, 1895.

At the Court at Windsor, the 11th day of May, 1895.

Present:

THE QUEEN'S MOST EXCELLENT MAJESTY,
LORD PRESIDENT, LORD CHAMBERLAIN, LORD KENSINGTON,
SPEAKER OF THE HOUSE OF COMMONS, MR. ARNOLD
MORLEY.

WHEREAS section 8 (3) of “The Mail-ships Act, 1891,” pro-
vides that it shall be lawful for Her Majesty in Council to
make rules for carrying into effect as respects British pos-
sessions the provisions of that Act with respect to the
security given by mail-ships, and in particular with respect
to the commencement of a legal proceeding by service of a
writ or process in the possession, and to the notices to
be given to arresting authorities in the possession, and
the evidence to be receivable by such authorities of the
security having been given or withdrawn, and the applica-
tion of the security in discharge of any damages, fine, debt,
claim, sum, or forfeiture, where the same are or is recovered
or payable either in the British possession, or under proceed-
ings pending concurrently in that British possession and in
any other British possession or the United Kingdom:

Now, therefore, Her Majesty is pleased, by and with the
advice of Her Privy Council, to order, and it is hereby
ordered, as follows:—

NOTICES OF EXEMPTION.

1. Any rules of the High Court of Justice in England,
   made under the provisions of “The Mail-ships Act, 1891,”
   (hereinafter referred to as “the Act”), shall be transmitted
   by a Secretary of State to the Government of every posses-
   sion to which the Act is applied for the purpose of a Con-
   vention, and shall be published by such Government in
   the Gazette of the possession, and also in such local official
   Gazettes published in the possession as the Government of the
   possession may prescribe.

2. A copy of every notice and list published by the Board of
   Trade under the Act, or under any rules of Court made
   under the Act, shall be transmitted by a Secretary of State
   to the Government of every possession to which the Act is
   applied for the purpose of a particular Convention.

3. A copy of every such notice and list, signed by a
   Secretary to the Government of the possession or other pre-
   scribed officer, shall be published in the official Gazette of
   the possession, and a copy of such Gazette notification shall
   be kept publicly exhibited in the Court-room of every
   Colonial Court of Admiralty in the possession, and a copy
   of the said Gazette containing any such notification shall be
   receivable in evidence by every arresting authority in the
   possession.

4. If, notwithstanding its exemption, an exempted mail-
   ship is arrested in the possession, the Government of the
   possession, on being informed by the owner of such arrest
   and of the arresting authority, and on being satisfied that
   the ship is an exempted mail-ship, shall forthwith send a
   special notice to the arresting authority, informing him that
   the ship is an exempted mail-ship, and as such entitled to
   release.

ACTIONS AGAINST EXEMPTED SHIPS.

5. An action may be commenced against the owners of an
   exempted mail-ship in the like cases, in the same manner,
   and subject to the same rules, as an Admiralty action in rem,
   and in any Colonial Court of Admiralty in the possession in
   which such an action might have been brought if the ship
   were not an exempted mail-ship.

B

ORDERS BY COURTS IN BRITISH POSSESSIONS FOR APPLICATION
OF THE SECURITY.

6. Any order of a Court in a British possession directing
   any security to be applied shall recite the name of the Court
   and of the action or proceeding, the cause of action, and
   the judgment debt, and shall comprise a certificate by the
   Judge of the Court that the ship in respect of which the
   judgment is given is an exempted mail-ship, and might but
   for such exemption have been arrested and sold in execution
   thereof, and that the judgment debt is still unsatisfied, and
   is payable out of the security lodged in respect of the ship
   in the High Court of Justice in England.

7. The order may require payment to be made either in
   London to a named agent of the execution creditor, or in the
   possession to some named officer of the Court from which
   the order issues.

8. Every such order shall be sealed with the seal of the
   Court, and shall be drawn up in duplicate, addressed to the
   Admiralty Registrar, Royal Courts of Justice, London, and
   shall be transmitted under cover to the prescribed officer of
   the Government of the possession.

9. The said duplicate orders when received by the pre-
   scribed officer shall be countersigned by him, and shall be
   forthwith transmitted to a Secretary of State, who shall
   cause one of such orders to be delivered to the Admiralty
   Registrar, and the Admiralty Registrar shall, subject to any
   direction of the High Court, make an order upon the Pay-
   master-General for payment of the required sum out of the
   security in accordance with these rules.

10. Unless the High Court shall otherwise order, and
    subject to existing rights of priority of liens, orders for the
    application of any security shall be paid in the order in
    which they are received by the Admiralty Registrar; but
    where two or more orders are received at the same time
    they shall be paid in the order of their respective dates.

11. Where the order requires payment to a named agent
    of the execution creditor in London, the money shall be
    payable at the rates of exchange current on the day on which
    the order is received by the Secretary of State.

12. If the order requires payment to be made to a named
    officer of the Court from which the order issues, such an
    amount shall be paid out by the Paymaster-General, to a
    person nominated by the Secretary of State, as will at the
    rates of exchange current on the day on which the order is
    received by the Secretary of State be necessary to purchase
    a draft for the amount of the order payable at sight in the
    possession, and such draft shall be in favour of the said
    named officer of the said Court.

13. Where any action or proceeding against the owners of
    an exempted mail-ship is pending in a Court in a British
    possession, involving a claim against the security lodged in
    the High Court in England, the Court in the British posses-
    sion shall transmit to the Admiralty Registrar notice of the
    pendency of such action or proceeding, stating the nature
    and amount of the claim and the proceedings taken in regard
    thereto; and in case of the subsequent discontinuance or
    other conclusion of such action or proceeding, whereby
    the security ceases to be affected, the Court shall transmit
    notice of such discontinuance or conclusion. Every such
    notice shall be sealed, drawn up, addressed, and trans-
    mitted to the Admiralty Registrar in like manner as an
    order for the application of the security.

MISCELLANEOUS PROVISIONS.

14. In every British possession to which these rules apply,
    the Governor in Council may, by order, prescribe any matter
    directed by these rules to be prescribed, or necessary for
    carrying them into effect.

15. In the application of these rules to British India, the
    following provisions shall have effect:—

(a.) The Presidencies of Madras and Bombay, the lower
Provinces of Bengal, and the Province of Burmah
shall be deemed to be separate British posses-
sions.

(b.) The expressions “Government of the possession ”
and “Governor in Council” respectively shall
mean the Lieutenant-Governor of Bengal and the
Chief Commissioner of Burmah, with respect to
the territories administered by them respectively.

(c.) All orders made in pursuance of Rule 14 with
respect to any part of British India shall be made
with the previous sanction of the Governor-
General in Council.

16. In the application of these rules to any British pos-
    session in which there is a Vice-Admiralty Court, and no
    Colonial Court of Admiralty, these rules shall be read as
    if “Vice-Admiralty Court” were “Colonial Court of Ad-
    miralty.”

17. In these rules “judgment debt” means any damages,
    fine, debt, claim, sum, or forfeiture found by any Court to be
    payable by the owner of a ship, and “execution creditor”
    means the person entitled to a judgment debt.

Other expressions have the same meaning as in the Act.