change of status, and the name of such person shall thereupon be deemed to be so substituted or entered on the record as aforesaid without express order of His Majesty in Council. 23. Where the record subsequently to its despatch to England becomes defective by reason of the death, or change of status, of a party to the appeal, the Court shall, upon an application in that behalf made by any person interested, cause a certificate to be transmitted to the Registrar of the Privy Council showing who, in the opinion of the Court, is the proper person to be substituted, or entered, on the record. in place of, or in addition to, the party who has died or undergone a change of status. 24. The case of each party to the appeal may be printed either in Nigeria or in England, and shall, in either event, be printed in accordance with the rules set forth in the schedule hereto, every tenth line thereof being numbered in the margin, and shall be signed by at least one of the counsel who attends at the hearing of the appeal, or by the party himself if he conducts his appeal in person. 25. The case shall consist of paragraphs numbered consecutively, and shall state as concisely as possible the circumstances out of which the appeal arises, the contentions to be urged by the party lodging the same, and the reasons of appeal. Reference by page and line to the relevant portions of the record as printed shall, as far as practicable, be printed in the margin, and care shall be taken to avoid, as far as possible, the reprinting in the case of long extracts from the record. The taxing officer, in taxing the costs of the appeal, shall, either of his own motion or at the instance of the opposite party, inquire into any unnecessary prolixity in the case, and shall disallow the costs occasioned thereby. 26. Where the Judicial Committee directs a party to bear the costs of an appeal incurred in Nigeria, such costs shall be taxed by the proper officer of the Court in accordance with the rules for the time being regulating taxation in the Court. 27. The Court shall conform with, and execute, any order which His Majesty in Council may think fit to make on an appeal from a judgment of the Court in like manner as any original judgment of the Court should or might have been executed. 28. Nothing in these rules contained shall be deemed to interfere with the right of His Majesty, upon the humble petition of any person aggrieved by any judgment of the Court, to admit his appeal therefrom upon such conditions as His Majesty in Council shall think fit to impose. ALMERIC FITZROY. SCHEDULE. [Not printed.] BRITISH ORDER IN COUNCIL under the Military Service (Conventions with Allied States) Act, 1917, signifying that an Agreement, dated July 16, 1917, has been made with Russia.-London, August 22, 1917.* At the Court at Buckingham Palace, the 22nd day of August, 1917. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by "The Military Service (Conventions with Allied States) Act, 1917," it is provided that His Majesty may by Order in Council, signifying that a Convention or Agreement has been made with an allied. country which imposes a mutual liability to military service on British subjects in that country and subjects of that country in the United Kingdom, direct that the said Act shall have effect with respect to that allied country and the subjects of that allied country, but that no such Order in Council shall be made unless the following conditions are fulfilled, that is to say: (a.) Unless the Convention or Agreement secures to His Majesty's Ambassador or other public Minister in the allied country power to grant to British subjects in that country exemption from military service; (b.) Unless the Convention or Agreement contains provisions to the effect that British subjects in the allied country and subjects of the allied country in the United Kingdom shall before being liable to military service have an opportunity if they make an application for the purpose of returning to the United Kingdom or the allied country, as the case may be; and it is further provided that such Order in Council shall not be made until the expiration of 30 days from the date on which the Convention or Agreement is laid before Parliament; And whereas an Agreement dated the 16th day of July, 1917, has been concluded between His Majesty's Govern "Lo don Gazett" August 24, 1917. Page 548. + Page 44. ment and the Provisional Government of Russia relative to the reciprocal liability to military service of British subjects. resident in Russia and Russian subjects resident in Great Britain and the said Agreement complies with, the conditions aforesaid: And whereas the said Agreement was laid before Parliament on the 19th day of July, 1917: Now, therefore, His Majesty is pleased, by and with the advice of his Privy Council, to signify, and it is hereby signified, that such an Agreement as is mentioned in this said Act has been made with Russia, and further His Majesty is pleased, by and with the like advice, to direct and it is hereby directed that the said Act shall have effect with respect to Russia and Russian subjects. ALMERIC FITZROY. BRITISH REGULATIONS amending Regulation 11 ("Oath of Allegiance") of the British Nationality and Status of Aliens Regulations, 1914. London, August 23, 1917. WHEREAS by Regulation 11* of "The British Nationality and Status of Aliens Regulations, 1914," provision is made as to the persons by whom the oath of allegiance may be administered; And whereas it is expedient to amend the said Regulation by making further provision with respect to the persons by whom, during the continuance of the present war and a period of six months thereafter, the said oath may be administered: 66 Now, therefore, in exercise of the powers conferred upon me by The British Nationality and Status of Aliens Act, 1914," and of all other powers enabling me in that behalf, I, the Right Honourable Sir George Cave, one of His Majesty's Principal Secretaries of State, hereby make the following regulations:- 1. Regulation 11 of "The British Nationality and Status of Aliens Regulations, 1914," shall, during the continuance of the present war and a period of six months thereafter, have effect as if in sub-section (1) thereof, after the words "or other legal purpose, where they secondly occur, and also after the words "His Majesty," the following words were added: * Yol. CVIII, page 193. 'Or any officer holding a commission in any of His Majesty's military forces.' 2. These regulations may be cited as "The British Nationality and Status of Aliens (Amendment) Regulations. 1917." Whitehall, August 23rd, 1917. GEO. CAVE, One of His Majesty's Principal Secretaries of State. BRITISH ORDER IN COUNCIL under "The Colonial Prisoners Remoral Act, 1869," sanctioning an Agreement between Nyasaland and Mauritius for the Removal of Prisoners from Nyasaland to Mauritius.— London, August 29, 1917.* At the Court at Buckingham Palace, the 29th day of August, 1917. PRESENT THE KING'S MOST EXCELLENT MAJESTY. Lord Chamberlain. 66 Sir Maurice de Bunsen. WHEREAS by The Colonial Prisoners Removal Act, 1869, it was (amongst other things) enacted that any two Colonies might, with the sanction of an Order of His Majesty in Council, agree for the removal of any prisoners under sentence or order of transportation, imprisonment, or penal servitude, from one of such Colonies to the other for the purpose of their undergoing in such other Colony the whole. or any part of their punishment, and for the return of such prisoners to the former Colony at the expiration of their punishment, or at such other period as might be agreed upon, upon such terms and subject to such conditions as might seem good to the said Colonies, and that the sanction of the Order of His Majesty in Council might be obtained in the case of a Colony having a Legislative Body on an Address of such body to His Majesty, and in the case of any Colony not having a Legislative Body on an Address of the Governor of such Colony, and that the Agreement of any one Colony with another should for the purposes of the said Act be testified by a writing under the hand of the Governor of such Colony; 'London Gaz tte," August 31. 1917 "Hertslet's Commercial Treaties," Vol. XIII, page 1123. 66 And whereas by an Order of His Majesty the King in Council, bearing date the 12th day of August, 1915,* His Majesty, by virtue and in exercise of the powers in that behalf by The Foreign Jurisdiction Acts, 1890 and 1913,"‡ or otherwise in His Majesty vested, was pleased, by and with the advice of his Privy Council, to order that "The Colonial Prisoners Removal Act, 1869," should, from the date of the said Order, apply to the Nyasaland Protectorate, as though that Protectorate were, within the meaning of the said Act, a Colony not having a Legislative Body; And whereas an Agreement, bearing date the 26th day of May, 1917, was made by and between our trusty and wellbeloved Sir George Smith, Knight Commander of our Most Distinguished Order of Saint Michael and Saint George, our Governor and Commander-in-chief in and over our Protectorate of Nyasaland, and our trusty and well-beloved Sir Henry Hesketh Joudou Bell, Knight Commander of our Most Distinguished Order of Saint Michael and Saint George, our Governor and Commander-in-chief in and over our Colony of Mauritius and its Dependencies, on behalf of the Protectorate and Colony of which they were respectively Governors as aforesaid, respecting the removal of prisoners from Nyasaland to Mauritius upon certain terms and subject to certain conditions therein set forth, of which Agreement a copy is contained in the schedule to this Order annexed; And whereas the said Agreement was duly testified by writing under the hand of the said Governors respectively; And whereas Addresses have been received by His Majesty from the said Governor of Nyasaland, and from the Legislative Council of the said Colony of Mauritius respectively, praying that His Majesty will be graciously pleased to sanction the said Agreement by an Order of His Majesty in Council to be made under the said "Colonial Prisoners Removal Act, 1869": Now, therefore, His Majesty, in pursuance and exercise of the powers vested in His Majesty by the said Act of Parliament, doth, by this present Order, by and with the advice of his Privy Council, declare his sanction to the said Agreement. 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. * Vol. CIX, page 311. + Vol. LXXXII, page 656, ↑ Vol. CVI, pago 38, |