CCXVIII. If any person who shall have been duly adjudged or declared bankrupt or insolvent in India, or any of the Foreign Dominions, Plantations, or Colonies of Her Majesty, shall be resident or shall be possessed of property in England, Ireland, or Scotland, or in any Colony, Plantation, or Foreign Possession of the Crown, it shall be lawful for the assignee, trustee, or other representative of the creditors of such bankrupt or insolvent to apply for and obtain an adjudication of bankruptcy, sequestration, or insolvency against such person in the Court of Bankruptcy in England, and in the proper Court in Scotland, Ireland, and such Colony, Plantation, or Foreign Possession of the Crown respectively, and by virtue thereof the same order and disposition shall be had and taken with respect to the person and property of the bankrupt or insolvent, as would have been if he had been originally adjudged bankrupt or insolvent by the Court or tribunal so applied to. Upon such application it shall not be necessary for the assignee, trustee, or other representative of the creditors of the person so declared bankrupt or insolvent as aforesaid to give proof of any act of bankruptcy or petitioning creditor's debt, or to produce any other evidence than a duly certified copy, under the seal of the Court, of the order or adjudication by which such person was found or adjudged bankrupt or insolvent.

CCXIX. Any order made by the Court, or by any Court in England, acting under this Act, in the course of the prosecution of any matter under this Act, shall be enforced in Scotland and Ireland in the Courts that would respectively have had jurisdiction in respect of such matter if the residence or place of business of the debtor had been situate in Scotland or Ireland, and in the same manner in all respects as if such order had been made by the Courts that are hereby required to enforce the same; and in like manner orders, interlocutors, and decrees made by any Court in Scotland for or in the course of any bankruptcy or insolvency shall be enforced in England and Ireland; and orders made by the Court in Ireland for or in the course of any such proceedings shall be enforced in England and Scotland by the Courts of Bankruptcy which would respectively have had jurisdiction in any such matter, and in the same manner in all respects as if such order had been made by the Court required to enforce the same in the case of a matter within its own jurisdiction.

CCXX. The Court and the District Court in London, and the District Courts in the country, shall in like manner be auxiliary, for all purposes of proof of debt, and for the examination of persons and witnesses upon oath, or for other like purposes, to the Courts acting in matters of bankruptcy or insolvency in Scotland and in Ireland, and also to any Court acting in such matters in any Colony, Island, Plantation, or Place under the dominion of Her Majesty, or to any British Judge elsewhere so acting.

RULES AND REGULATIONS for Her Majesty's Colonial Service; so far as they relate to Invasion or Aggression by a Foreign Enemy; to Foreign States and Subjects; to Liberated Africans; to Foreign Trade and Navigation; to the Naturalization of Aliens; to Fugitive Criminals, and Seamen Deserters; to Royal, and Diplomatic and Consular, and Naval and Military Salutes. December,

1861.*

CHAPTER I.THE GOVErnor.

SECTION II.-Distinctions between a Civil and a Military Governor, as regards the Command of the Troops.

8. A CIVILIAN, a naval officer, or a military officer holding a commission in Her Majesty's Land Forces of inferior rank to that of colonel who shall be appointed to administer a Colonial Government, is not invested with the command of Her Majesty's Forces ; but it is his duty, except in the case of invasion or assault by a Foreign enemy, to issue to the officer in command of the Forces within the Colony orders for their march and distribution, for the formation and march of detachments and escorts, and, generally, for such military service as the safety and welfare of the Colony may appear to him to require. All the military details regarding such distribution, and the manner in which the detachment shall be formed and composed, rest with the commanding Military Officer, who is responsible that they are conformable in every respect to the instructions issued to him by the Governor. The Governor, also, as the Queen's representative, gives the word in all places within his Government, except on the occasion of hostilities already adverted to.

13. And in the event of the Colony being invaded or assailed by a Foreign enemy, and becoming the scene of active military operations, the officer in command of Her Majesty's Land Forces assumes the entire military authority and command over the Troops.

SECTION III.-General Powers of an Officer appointed to conduct a Colonial Government.

29. He is not to declare or make war against any Foreign State, or against the subjects of any Foreign State. Aggression he must at all times repel to the best of his ability; and he will use his best endeavours for the suppression of piracy.

CHAPTER VI. SECTION III.-Military Correspondence.

188. The Governors of Colonies, commanding Her Majesty's Troops therein, must separate their correspondence with the Secre* Colonial Office List for 1862. Page 75.

tary of State, and with the War Department, in the following

manner:

189. Whatever relates to the discipline of the Troops, or to the employment of them in any ordinary and established service, or to the relief of the Troops after their time of local service shall have expired, or to the interior economy of Her Majesty's Land Forces, will properly form the subject of correspondence with the War Department exclusively.

190. In the event of actual hostilities with any Foreign enemy, or of any extraordinary employment of the troops for the maintenance of the public peace, such occurrences must be reported both to the War Department and to the Secretary of State.

191. In the event of its being thought necessary to make or to advise any military convention with the officer in command of the Troops of any Foreign power, the Governor commanding Her Majesty's Troops will at the same time report to the Secretary of State, and to the War Department, the measures which he may have so taken, or those which he may wish to recommend for adoption.

CHAPTER X. SECTION V.-Expenses on account of Liberated Africans.-Mode of rendering the Accounts of Expenses incurred under the provisions of the Acts for the Abolition of the Slave Trade.

382. The Collectors or Chief Officers of the Customs in those Colonies where no other arrangement has been specially directed are to receive, protect, and provide for all such Natives of Africa as may be put in their charge from vessels condemned as prize.

383. The officer administering the Government will adjust with the Collector or other officer the expense per head per diem at which the Liberated Africans are to be maintained, and what allowance should be made for clothing, necessaries, and contingencies for each, until finally disposed of. This mode of supporting the Africans is considered preferable to that of purchasing provisions in large quantities for their use; and the Secretary of State's written instructions in this respect should always be acted upon, unless there should be any special reasons for departing from them, in which case the officer administering the government will exercise his own discretion.

384. The Collector or other officer will bring in the abstracts of accounts of his expenses, to be passed before the officer administering the government in council every 3 months. A certificate, to be signed by the officer administering the government, is to be subjoined to the general abstract of the expenditure, stating that the detailed documents referred to in the abstract have been carefully inspected, and have been approved.

385. In those cases in which the Colony is dependent on a superior government, the abstracts of expenditure, when certi

fied by the officer in charge of the subordinate government, are to be forwarded to the Governor-in-Chief for his inspection and approval previously to the amount being discharged. Upon the passing of each quarterly account by the officer administering the government in council, and in the case of subordinate governments upon the subsequent approval of the Governor-in-Chief being signified, the abstract will be returned to the Collector, in whose favour the officer administering the government will thereupon grant a Warrant on the Treasury Chest for the amount allowed. The officer granting such Warrant will forthwith transmit a notification and report thereof to the Lords of the Treasury, and, will forward with such notification a copy of the account, in discharge of which the issue from the Chest has been authorized. Any neglect of these forms will be productive of embarrassment and delay.

386. The charge of one guinea head-money for each Liberated African, which has been made by some of the Collectors of Customs, has been disallowed, as the Circular of the 10th April, 1808, no longer applies to these cases, and, consequently, the Governor or Lieutenant-Governor is not authorized to give his sanction for such charge, should it be made by the Collector.

387. Governors are strictly enjoined to abstain in future from drawing for and issuing the amount of any allowance or gratuity of which the propriety or legality may admit of a doubt, until they shall have communicated with and received instructions from Her Majesty's Government on the subject: and they are to limit the payments in the meantime to the amount of the actual outlay, for the maintenance and other unavoidable expenses.

388. Governors are at the same time reminded, that if any sums shall have been issued, paid, or expended by their order, which ought not to have been so issued, paid, or expended, or ought not to be charged to the public, they will become personally responsible for the amount, under the provisions of the 1 & 2 George IV, chap. 121, sec. 5.

389. With a due regard, therefore, to their own security, as well the interests of the public, Governors must at all times exercise a watchful superintendence and control over the expenditure to which these regulations refer, and enforce the strictest economy consistent with the welfare of the African and the good of the service.

CHAPTER XI. SECTION II.-Trade and Navigation.

397. The Imperial Act 16 & 17 Vict., c. 107, provides for a freedom of commerce between the United Kingdom, or the British Possessions, and Foreign Countries. But with a view of placing British ships in Foreign Ports as nearly as possible on the same footing as Foreign ships in British Ports, the Crown has the power, by Order in Council, of restricting the privileges of Foreign ships Page 417.

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See

and of imposing additional duties, in cases in which British ships may be subject in any Foreign Country to prohibitions or restrictions from which the ships of that country are exempt, or in which any preference whatever may be shown to national vessels over British vessels, or in which British trade and navigation is not placed by such country upon as advantageous a footing as the trade and navigation of the most favoured nation.

CHAPTER XIII.-Naturalization of Aliens in the Colonies.

410. This is now regulated by the statute 10 and 11 Vict., c. 83,* which (besides removing doubts which then existed as to the legality of former proceedings in the Colonies) empowers the Legislature of every Colony to confer on aliens by law all or any of the privileges of naturalization within such Colony.

411. When any measure for such a purpose is proposed, the Governor should ascertain whether his instructions do or do not require the insertion of a suspending clause; and he should also take care that words are inserted in the terms of the statute, confining the privileges granted to the limits of the Colony.

CHAPTER XV. SECTION I.-Criminal Trials.

417. Under the Act 12 and 13 Vict., c. 96,† all persons charged in any Colony with offences committed on the sea may be dealt with in the same manner as if the offences had been committed on waters within the local jurisdiction of the Courts of the Colony. 418. The Act 6 & 7 Vict., c. 34, provides for the arrest and delivery of individuals charged with having committed offences in other of Her Majesty's Colonies or in the United Kingdom.

419. The Acts 6 & 7 Vict., c. 76,§ and 8 and 9 Vict., c. 120,|| give effect to the 10th Article of the Treaty of Washington between Great Britain and the United States, of the 9th August, 1842, which provides for the mutual surrender of fugitives charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper.

420. The Acts 6 & 7 Vict., c. 75,** and 8 & 9 Vict., c. 120,|| give effect to a Convention concluded between Great Britain and France on the 13th February, 1843,†† which provides for the mutual surrender of fugitives charged with the crimes of murder (comprehending the crimes designated in the French Penal Code by the terms assassination, parricide, infanticide, and poisoning), or of an attempt to commit murder, or of forgery, or of fraudulent bankruptcy.

421. Whenever a Governor may have occasion to exercise the