or effects seized in pursuance of this Act, and also as well to review as to enforce any decree, declaration, or order of any British slave court made in pursuance of this Act. 20. The registrar of the High Court of Admiralty of England may, on the application of any person aggrieved, or of the Treasury, tax or review the taxation of any costs, charges, or expenses incurred or alleged to be incurred in any proceeding taken in any British slave court, or in any mixed commission or court in Her Majesty's dominions, and shall for this purpose have the same jurisdiction and powers as he has in the taxation of any costs, charges, or expenses incurred in any proceeding in the High Court of Admiralty. Review of taxation by Registrar of Court of Admiralty. Treasury. 21. The Treasury may appeal from any decree, order, or declaration Appeal by which is made by any British slave court in pursuance of this Act, and involves the payment by the Treasury of any bounty, costs, expenses, compensation, damages, or other moneys in like manner as if they were parties to the proceeding in which such decree, order, or declaration was made. evidence. 22. Any person who wilfully gives false evidence in any proceeding Prosecution taken in pursuance of this Act in any slave court shall be guilty of an for false offence against this Act, and shall be liable to the like penalty as if he had been guilty of perjury, or in a British possession, of the offence, by whatever name called, which if committed in England would be perjury. 23. The registrar of every British slave court, and if appointed by Returns by Her Majesty, of every other slave court, shall from time to time make registrars. returns of the cases adjudged in such court in pursuance of this Act, at such times and in such form and containing such particulars as may be from time to time directed by any rule established with respect to such court, or if there is no such rule by Order in Council. Slave Trade Act, 1824. with 24. This Act shall be construed as one with the enactments of the Incorporation Slave Trade Act, 1824, and any enactments amending the same, so far unrepealed as they are in force at the time of the passing of this Act, and are not portions of repealed by this Act; and the expression "this Act," when used in this 5 G. 4. c. 113. Act, shall include those enactments. under 5 Geo. 25. All pecuniary forfeitures and penalties imposed by the said Recovery of enactments, with which this Act is to be construed as one, may be sued forfeitures for, prosecuted, and recovered in any Court of Record or of Vice- 4. c. 113. Admiralty in any part of Her Majesty's dominions wherein the offence was committed, or where the offender may be, in like manner as any penalty or forfeiture incurred in the United Kingdom under any Act for the time being in force relating to Her Majesty's Customs, or (in the case of the High Court of Admiralty or of a Court of Vice-Admiralty) in like manner as any vessel seized in pursuance of this Act. Such pecuniary penalties and forfeitures shall, subject to the express provisions of the said enactments, be paid and applied in like manner as the net proceeds of a vessel seized otherwise than by the commander or officer of one of Her Majesty's ships, or of the cruiser of a foreign state. This section is repealed, so far as relates to the taxation of any costs, charges, and expenses which can be taxed in pursuance of the Colonial Courts of Admiralty Act (53 & 54 Vict. c. 27), by section 18 of that Act, supra, title Admiralty. Words "under the Vice-Admiralty Courts Act, 1863," repealed by the Colonial Courts of Admiralty Act (53 & 54 Vict. c. 27), s. 18, supra, title Admiralty. 5 Geo. 4 c. 113, supra, this title. Now" Colonial Court of Admiralty"; see the Colonial Courts of Admiralty Act, 1890 (53 & 54 Vict. c. 27), s. 2 (3), supra, title Admiralty. Jurisdiction of court over offences under 26. Any offence against this Act or the said enactments with which this Act is to be construed as one, or otherwise in connexion with the 5 G. 4. c. 113. slave trade, shall for all purposes of and incidental to the trial and punishment of a person guilty of such offence, and all proceedings and matters preliminary and incidental to and consequential on such trial and punishment, and for all purposes of and incidental to the jurisdiction of any court, constable, and officer with reference to such offence, be deemed to have been committed either in the place in which the offence was committed, or in the county of Middlesex, or in any place in which the person guilty of the offence may for the time being be, either in Her Majesty's dominions, or in any foreign port or place in which Her Majesty has jurisdiction; and the offence may be described in any indictment or other document relating thereto as having been committed at the place where it was wholly or partly committed, or as having been committed on the high seas or out of Her Majesty's dominions, and the venue or local description in the margin may be that of the place in which the trial is held. Where any such offence is commenced at one place and completed at another, the place at which such offence is to be deemed to have been committed shall be either the place where the offence was commenced or the place where the offence was completed. Where a person being in one place is accessory to or aids or abets in any such offence committed in another place, the place at which such offence is to be deemed to have been committed shall be either the place in which the offence was actually committed or the place where the offender was at the time of his being so accessory, aiding, or abetting. Where it appears to any court or the judge of any court having jurisdiction to try any such offence that the removal of an offender charged with such offence to some other place in Her Majesty's dominions for trial would be conducive to the interests of justice, such court or judge may by warrant, or instrument in the nature of a warrant, direct such removal, and such offender may be removed and tried accordingly; and section two hundred and sixty-eight of the Merchant Shipping Act, 17 & 18 Vict. 1854,* shall apply to the removal of an offender under this section in the same manner as if the term "consular officer" in that section included the court or judge making such warrant or instrument. c. 104. Extension of 33 & 34 Vict. c. 52 to Slave Trade offences. Application of Act to 27. Offences committed against this Act or the enactments with which this Act is to be construed as one or otherwise in connexion with the slave trade, whether committed on the high seas or on land, or partly on the high seas or partly on land, shall be deemed to be inserted in the first schedule to the Extradition Act, 1870, and that Act, and any Act amending the same, shall be construed accordingly. Application of Act. 28. This Act shall apply to all cases of vessels, slaves, goods, and cases already effects seized and adjudicated upon by any slave court, whether before or after the passing of this Act. adjudicated. Extension of treaties. 29. Where any treaty in relation to the slave trade is made after the Act to future passing of this Act, by or on behalf of Her Majesty, with any foreign state, Her Majesty may by Order in Council direct that as from such date, not being earlier than the date of the treaty, as may be specified in * 17 & 18 Vict. c. 104, repealed by the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), supra, title Shipping. Not printed in this edition. Extradition is now under the control of the Commonwealth; see The Extradition Act 1903 (No. 12 of 1903). the order, such treaty shall be deemed, and thereupon (as from the said. date, or if no date is specified as from the date of such order) such treaty shall be deemed to be an existing slave trade treaty within the meaning of this Act, and all the provisions of this Act shall apply and be construed accordingly. Her Majesty may, by the same or any subsequent order referring to the same treaty, render the application of this Act subject to such conditions, exceptions, and qualifications as may be deemed expedient. Every such order shall recite or embody the terms of the treaty so far as they relate to the slave trade, and shall be laid before both Houses of Parliament within six weeks after it is made, or, if Parliament be not then sitting, within six weeks after the then next meeting of Parliament, and shall also be published in the London Gazette. A treaty, whether made before or after the passing of this Act, which ceases to be in force shall cease to be an existing slave trade treaty within the meaning of this Act. FIRST SCHEDULE. EQUIPMENTS WHICH ARE PRIMA FACIE EVIDENCE OF A VESSEL BEING ENGAGED IN THE SLAVE TRADE. First.-Hatches with open gratings, instead of the close hatches which are usual in merchant vessels. Secondly. Divisions or bulkheads in the hold or on deck more numerous than are necessary for vessels engaged in lawful trade. Thirdly. Spare plank fitted for being laid down as a second or slave deck. Fifthly.-A larger quantity of water in casks or in tanks than is requisite for the consumption of the crew of the vessel as a merchant vessel. Sixthly. An extraordinary number of water casks or of other vessels for holding liquid, unless the master shall produce a certificate from the custom house at the place from which he cleared outwards, stating that a sufficient security had been given by the owners of such vessel that such extra quantity of casks or of other vessels should only be used for the reception of palm oil, or for other purposes of lawful commerce. Seventhly. A greater quantity of mess tubs or kids than are requisite for the use of the crew of the vessel as a merchant vessel. Eighthly. A boiler or other cooking apparatus of an unusual size, and larger or fitted for being or capable of being made larger than requisite for the use of the crew of the vessel as a merchant vessel, or more than one boiler or other cooking apparatus of the ordinary size. Ninthly.-An extraordinary quantity either of rice or of the flour of Brazil, manioc, or cassava, commonly called farinha, of maize or of Indian corn, or of any other article of food whatever beyond what might probably be requisite for the use of the crew, such rice, flour, maize, Indian corn, or other article of food not being entered on the manifest as part of the cargo for trade. Tenthly. A quantity of mats or matting larger than is necessary for the use of the crew of the vessel as a merchant vessel. Eleventhly. Any other equipment, article, or thing, which is declared by any existing slave trade treaty to be primâ facie evidence of a vessel being engaged in the slave trade. SOLICITORS. See SUPREME COURT. STOCK, COLONIAL. See LOANS. Revenue Act, 1884 Colonial Probates Act, 1892 ... 55 VICT. c. 6, Page. c. 62. REVENUE ACT, 1884. ... ... 5058 47 & 48 Vict. c. 62 5058 55 Vict. c. 6 REVENUE ACT, 1884. 47 & 48 Vict. An Act to amend the Law relating to the Customs and Inland Revenue, and to the Audit of Public Accounts, and for other purposes connected with the Public Revenue and Expenditure.* Short title. Representa- constitute the title to assets therein situated. B [14TH AUGUST, 1884.] E 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: 1. This Act may be cited as the Revenue Act, 1884. 11. Notwithstanding any provision to the contrary contained in any local or private Act of Parliament, the production of a grant of representation from a Court in the United Kingdom by probate or letters of administration or confirmation shall be necessary to establish the right to recover or receive any part of the personal estate and effects of any deceased person situated in the United Kingdom. † Provided that where a policy of life assurance has been effected with any insurance company by a person who shall die domiciled elsewhere than in the United Kingdom, the production of a grant of representation from a court in the United Kingdom shall not be necessary to establish the right to receive the money payable in respect of such policy. COLONIAL COLONIAL PROBATES ACT, 1892. 55 Vict. c. 6. An Act to provide for the Recognition in the United Kingdom of Probates and Letters of Administration granted in British Possessions.‡ PROBATES Аст, 1892. Application of in Council. BE [20TH MAY, 1892.] E 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: of 1. Her Majesty the Queen may, on being satisfied that the legislature any British possession has made adequate provision for the recognition in that possession of probates and letters of administration granted by the courts of the United Kingdom, direct by Order in Council that this Act shall, subject to any exceptions and modifications specified in the Order, apply to that possession, and thereupon, while the Order is in force, this Act shall apply accordingly. *Only so much of the Act is printed as appears applicable to Queensland. c. 42), s. 19, not printed in this edition. For corresponding Queensland Act, see "The British Probates Act, 1898" (62 Vic. No. 10), vol. III., title Succession. United 2. (1.) Where a court of probate in a British possession to which Sealing in this Act applies has granted probate or letters of administration in respect Kingdom of of the estate of a deceased person, the probate or letters so granted may, colonial on being produced to, and a copy thereof deposited with, a court of probates and probate in the United Kingdom, be sealed with the seal of that court, administraand, thereupon, shall be of the like force and effect, and have the same operation in the United Kingdom, as if granted by that court. (2.) Provided that the court shall, before sealing a probate or letters of administration under this section, be satisfied (a.) that probate duty has been paid in respect of so much (if (b.) in the case of letters of administration, that security has and may require such evidence, if any, as it thinks fit as to the domicile (3.) The court may also, if it thinks fit, on the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in the United Kingdom. (4.) For the purposes of this section, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original. (5.) Rules of court may be made for regulating the procedure and practice, including fees and costs, in courts of the United Kingdom, on and incidental to an application for sealing a probate or letters of administration granted in a British possession to which this Act applies. Such rules shall, so far as they relate to probate duty, be made with the consent of the Treasury, and, subject to any exceptions and modifications made by such rules, the enactments for the time being in force in relation to probate duty (including the penal provisions thereof) shall apply as if the person who applies for sealing under this section were a person applying for probate or letters of administration. letters of tion. courts in 3. This Act shall extend to authorise the sealing in the United Application of Kingdom of any probate or letters of administration granted by a British Act to British court in a foreign country, in like manner as it authorises the sealing of foreign a probate or letters of administration granted in a British possession to which this Act applies, and the provisions of this Act shall apply accordingly with the necessary modifications. countries. 4. (1.) Every Order in Council made under this Act shall be laid orders in before both Houses of Parliament as soon as may be after it is made, and Council. shall be published under the authority of Her Majesty's Stationery Office. (2.) Her Majesty the Queen in Council may revoke or alter any Order in Council previously made under this Act. (3.) Where it appears to Her Majesty in Council that the legislature of part of a British possession has power to make the provision requisite for bringing this Act into operation in that part, it shall be lawful for Her Majesty to direct by Order in Council that this Act shall apply to that part as if it were a separate British possession, and thereupon, while the Order is in force, this Act shall apply accordingly. probates, &c., 5. This Act when applied by an Order in Council to a British possession Application shall, subject to the provisions of the Order, apply to probates and of Act to letters of administration granted in that possession either before or after already the passing of this Act. granted. |