38

DESPATCHES FROM THE SECRETARY OF STATE

A.—No. 1

" 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 authorities 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. ■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." 5. During the temporary absence of the Judge of any Vice-Admiralty Court from the possession in which the court is established, the office of Judge shall be deemed to be vacant within the meaning of the fourth section of " The Vice-Admiralty Courts Act, 1863." 6. 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 him in the execution of his judicial powers. 7. All acts done by any such Deputy Judge in the lawful exercise of his judicial powers, shall be as valid and effectual, to all intents and purposes, as if they were done by the Judge himself; 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 a Judge. 8. 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 tho possession. 9. The Judge may, if ho 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. 10. 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. 11. 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. 12. The Judge may, if he thinks fit, from time to time, delegate all or any of his ministerial powers to any such Deputy Judge. 13. The Judge may, from time to time, if he think fit, appoint any competent person to act respectively as Deputy Eegistrars and Deputy Marshals of the Court; and may, if he think fit, at any time revoke any such appointment; but the appointment shall not be determined by the occurrence of a vacancy in the office of the Judge. 14. Notwithstanding anything contained in this Act, it shall be lawful for the Admiralty, if they think fit, at any time to revoke the appointment of any Deputy Judge, Deputy Eegistrar, or Deputy Marshal appointed under this Act. 15. Any Deputy Judge, Deputy Eegistrar, or Deputy Marshal appointed under this Act, shall be entitled to the same fees in respect of any duty performed by him as would be lawfully payable to the Judge, Eegistrar, or Marshal respectively for the performance of the same duty. L6. All persons entitled to practise as advocates, barristers-at-law, proctors, attorneys-at-law, or solicitors in any of the Superior Courts of a British possession, shall be entitled to practise in the same respective capacities in the Vice-Admiralty Court or Courts of such possession, and shall have therein all the rights and privileges respectively belonging to advocates, barristers-at-law, proctors, attorneys-at-law, and solicitors, and shall in like manner be subject to the authority of the person for the time being lawfully exercising the office of Judge of such Court. 17. It shall be lawful for Her Majesty to empower the Admiralty, by commission under the Great Seal, to establish one or more Vice-Admiralty Courts in any British possession, notwithstanding that such possession may have previously acquired independent legislative powers; and the jurisdiction and authority of all the existing Vice-Admiralty Courts are hereby declared to be confirmed, to all intents and purposes, notwithstanding that the possession in which any such Court has been established may at the time of its establishment have been in possession of legislative powers. 18. " The Vice-Admiralty Courts Act, 1863," shall, together with this Act, apply to any ViceAdmiralty Court now established or hereafter to be established in the Straits Settlements. 19. The limitation of the time allowed for appeals contained in the twenty-third section of " The Vice-Admiralty Courts Act, 1863," shall be held to apply to all decrees or orders pronounced in any Vice-Admiralty Court now established or hereafter to be established in any of Her Majesty's Possessions in India.

No. 36. Copy of a DESPATCH from the Right Hon. the Duke of Buckingham to Governor Sir George Grey, K.C.B. (No. 17.) Sir,— Downing Street, 30th April, 1867. I have the honor to inform you that Her Majesty will not be advised to