ACT of the British Parliament to enable His Majesty in Council to carry into effect Conventions which may be made with Allied and other States as to the mutual Liability of His Majesty's Subjects and Subjects of the Allied and other States to Military Service.

[7 & 8 Geo. V, c. 26.]

[July 10, 1917.]

Be it enacted by the King'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. His Majesty may by Order in Council, signifying that a Convention has been made with a foreign country allied or otherwise acting in naval or military co-operation with His Majesty in the present war (in this Act referred to as the contracting country ") which imposes a mutual liability to military service on British subjects in that country and on subjects of that country in the United Kingdom, direct that this Act shall have effect with respect to the contracting country and the subjects of that country, and on any such Order in Council being made, this Act shall have effect accordingly: Provided that

(a.) No such Order in Council shall be made unless the Convention secures to His Majesty's Ambassador or other public Minister in the contracting country power to grant to British subjects in that country exemption from military service, and such Ambassador or Minister shall grant such exemption in any case where a British subject proves that he is not domiciled in the contracting' country, and that before proceeding to the contracting country he was ordinarily resident in some part of His Majesty's Dominions other than Great Britain;

(b.) No such Order in Council shall be made unless the Convention contains provisions to the effect that British subjects in the contracting country and subjects of the contracting country in the United Kingdom shall, before becoming liable to military service, have an opportunity, if they make an application for the purpose, of returning to the United Kingdom or the contracting country, as the case may be:

(c.) An Order in Council shall not be made until the expiration of 30 days from the date when the Convention has been laid before Parliament.

2.-(1.) Where this Act is so applied with respect to any country, subjects of that country shall, if they have not, within 21 days after the Convention has been laid before

Parliament, made an application in such manner as may be prescribed by a Secretary of State to return to the contracting country, or if, having made such an application, they have failed to avail themselves of an opportunity to do so, be liable to military service under The Military Service Acts, 1916," in the same manner as British subjects; and those Acts shall apply accordingly, subject to the following modifications:

(a.) The appointed date shall, as respects subjects of the contracting country who come within the operation of "The Military Service Acts, 1916 and 1917," on the application of this Act in respect of that country, be the 30th day after the date of the Order in Council applying the Act, and as respects subjects of the contracting country who come within the operation of "The Military Service Acts, 1916 and 1917," after that date, be the 30th day after the date on which they so come within the operation of those Acts, except that when such subjects come within the operations of those Acts by reason of their failing to avail themselves of an opportunity of returning to the contracting country, the appointed date shall be the date of such failure;

(b.) A subject of the contracting country who has not made such an application as aforesaid to return to that country shall have the same rights with regard to exemptions and exception's conferred by "The Military Service Acts, 1916 and 1917," other than the exceptions mentioned in paragraph (1) of the 1st Schedule to the first-mentioned Act, as he would have if he were a British subject, and, whether he has made such an application or not, shall be deemed to be within the exceptions under "The Military Service Acts, 1916 and 1917," if he is the holder of a certificate of exemption for the time being in force granted by the Ambassador or a duly authorised public Minister of that country in the United Kingdom;

(c.) Regulations issued under "The Military Service Acts, 1916 and 1917," may provide for the establishment of special tribunals for dealing with applications or appeals for exemption in respect of men who are rendered liable to military service by virtue of this Act and for the appointment of additional members to tribunals when dealing with such applications or appeals;

(d.) Any British subject arriving in Great Britain from the contracting country after the date of an Order in Council applying this Act to the subjects of that contracting country shall, if not ordinarily resident in Great Britain, be deemed for the purposes of "The Military Service Acts, 1916 and 1917," to be ordinarily resident in Great Britain as from the date of his arrival, unless he shows that the part of His

Majesty's Dominions in which he last resided was some part other than Great Britain.

(2.) For the purposes of the limitation on the number of aliens who may serve together at any one time in any corps of the regular forces imposed by section 95 of the Army Act, subjects of a contracting country who become liable to military service by virtue of the application of this Act in respect of their country shall not be reckoned in that number. (3.) For the purposes of this Act the expression “convention includes an agreement.

3. This Act may be cited as "The Military Service (Conventions with Allied States) Act, 1917," and shall be included amongst the Acts which may be cited as "The Military Service Acts, 1916' and 1917."

BRITISH ORDER IN COUNCIL applying to the Island of Saint Lucia the provisions of "The Colonial Probates Act, 1892."-London, July 17, 1917.*

At the Court at Buckingham Palace, the 17th day of July, 1917.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY.

H.R.H. The Duke of Connaught and Strathearn.

Archbishop of Canterbury.

Lord Chancellor.

Prime Minister.

Lord President.

Earl of Rosebery.

Mr. A. Fisher.

Mr. G. N. Barnes.

Mr. W. P. Schreiner.

Lieutenant-General J. C. Smuts.

WHEREAS by section 1 of "The Colonial Probates Act, 1892, ''t it was enacted as follows:

"Her Majesty the Queen may, on being satisfied that the Legislature of any British Possession has made adequate provision for the recognition in that Possession of all 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 ";

And whereas His Majesty the King is satisfied that the "London Gazette," July 17, 1917, + Vol. LXXXIV, page 700,

Legislature of the British Possession hereinafter mentioned has made adequate provision for the recognition in that Possession of Probates and Letters of Administration granted by the Courts of the United Kingdom:

Now, therefore, His Majesty, by virtue and in exercise of the powers by the above-recited Act in His Majesty vested, is pleased, by and with the advice of his Most Honourable Privy Council, to order, and it is hereby ordered, as follows:

"The Colonial Probates Act, 1892," shall apply to the British Possession hereunder mentioned:

The Island of Saint Lucia.

And the Right Honourable Walter Hume Long, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

ALMERIC FITZROY.

BRITISH ORDER IN COUNCIL applying to the Pacific Protectorate the provisions of Section 1 of "The Marriage of British Subjects (Facilities) Act, 1915."- London, July 17, 1917.*

At the Court at Buckingham Palace, the 17th day of July,

1917.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY

H.R.H. The Duke of Connaught and Strathearn.

Archbishop of Canterbury.

Earl of Rosebery.

Lord Chancellor.

Prime Minister.

Lord President.

Mr. A. Fisher.

Mr. G. N. Barnes.

Mr. W. P. Schreiner.

Lieutenant-General J. C. Smuts.

WHEREAS by section 1 of “ The Marriage of British Subjects (Facilities) Act, 1915," it is (amongst other things) enacted as follows:

"Where His Majesty is satisfied that the law in force in any part of His Majesty's Dominions outside the United Kingdom makes due provision for the publication of banns or for the giving of notice in respect of marriages between British subjects intended to be solemnised or contracted in the United Kingdom, and for the recognition of certificates + Vol. CIX, page 4,

• "London Gazette," July 17, 1917.

for marriage issued by Superintendent Registrars in England, and of certificates for marriage issued by Registrars, and certificates of proclamation of banns, in Scotland, and of certificates for marriage issued by Registrars in Ireland, as sufficient notice in respect of marriages between British subjects intended to be solemnised or contracted in that part of His Majesty's Dominions, His Majesty may, by Order in Council, declare that this section shall apply to that part of his Dominions, and in such case:

"(a.) Where a marriage is intended to be solemnised or contracted in the United Kingdom between a British subject resident in England, Scotland, or Ireland, and a British subject resident in that part of His Majesty's Dominions, a certificate of notice of marriage issued in accordance with such law shall in England have the same effect as a certificate for marriage issued by a Superintendent Registrar, and in Scotland and Ireland have the same effect as a certificate for marriage issued by a Registrar in Scotland and Ireland respectively; and

(b.) Where a marriage is intended to be solemnised or contracted in that part of His Majesty's Dominions between a British subject resident in that part and a British subject resident in England, Scotland, or Ireland, a certificate for marriage may be issued in England by a Superintendent Registrar, or in Scotland or Ireland by a Registrar, in the like manner as if the marriage was to be solemnised or contracted under circumstances requiring the issue of such a certificate, and as if both such British subjects were resident in England, Scotland, or Ireland, as the case may be ";

And whereas by section 1 of The Marriage of British Subjects (Facilities) Amendment Act, 1916, "* it is enacted as follows:

"If His Majesty is satisfied that, for the purposes of a marriage to be solemnised or contracted in any part of his Dominions outside the United Kingdom between a British subject resident in that part and a British subject resident in England, Scotland, or Ireland, no notice of the marriage is, under the law in force in that part of his Dominions, required on the part of the person resident in England, Scotland, or Ireland, His Majesty may, by Order in Council, declare that section 1 of "The Marriage of British Subjects (Facilities) Act, 1915," shall apply to that part of his Dominions, notwithstanding that the law in force in that part does not make provision for the recognition of certificates for marriage issued in England, Scotland, and Ireland, and of certificates of proclamation of banns issued in Scotland, as

* Vol. CX, page 51,