Full text: Responsible government in the Dominions (Vol. 3)

cHAP. X11] LEGISLATION FOR THE DOMINIONS 1321 
dently of this Act, though the limits within which such 
power can be exercised are not certain. 
There may be mentioned as due to international con- 
siderations the Foreign Enlistment Act, 1870, the Slave Trade 
Acts of 1824, 1843, and 1873, the Mail Ships Act, 1891, the 
Anglo-French Convention Act, 1904, the International Copy- 
right Act, 1886, the Geneva Convention Act, 1911, &c. 
There are again several Acts which provide for Imperial 
co-operation in judicial matters. The Bankruptcy Act! 
requires Courts throughout the Empire to render each other 
assistance in bankruptcy matters ; there have been a good 
many decisions on the Act, and it is clear that it makes a rule 
of law what would else be a mere rule of international comity. 
Again, an Act of 18592 provides for the superior Courts 
throughout the Empire submitting cases to other superior 
Courts to obtain a decision as to the law prevailing in that 
other part of the Empire. A similar Act? as regards 
foreign countries is dependent on treaties being made, and 
no treaties have yet so been made. Provision also exists 
ander an Act of 1859 4 for the examination of witnesses and 
so forth by any Court in one part of the dominions of the 
Crown at the request of another Court, if any case is pending 
before that Court on which the evidence of absent witnesses 
is desired. Acts of 1856% and 18706 apply the principles of 
this Act to cases of civil character and of criminal character 
pending in foreign Courts, with an exception in cases of a 
political character. Powers of making rules of court in these 
matters are given to the Judges of the High Court in the 
United Kingdom, but their exercise has been waived in 
tavour of the power of making rules already vested in Colonial 
Courts generally. 
' 46 & 47 Viet. c. 52, ss. 118, 168; cf. Callender, Sykes & Co. v. Colonial 
Secretary of Lagos, [1891] A. C. 460; in re Estate Campbell, [1905] 
T. 8. 28; in re insolvent Estate Skeen, 27 N. L. R. 536, at p. 543 ; Clark, 
Australian Constitutional Law, pp. 298. 299: Dicey, Conflict of Laws. 
op. 330 seq. 
22 & 23 Vict. c. 63 5 cf. Lord v. Colvin, 29 L. J. Ch. 2917. 
24 & 25 Vict. ¢. 11. 
' 22 Viet. ¢. 20; 48 & 49 Vict. c. 74. The practice is regulated by local 
Colonial rules, 
* 19 & 20 Vict. o. 113. & 39 & 34 Vict. c. 52, 8. 24.
	        
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