1624
ADDENDA
Cape School Boards Act, 1905, the Appellate Division of the Supreme
Court has decided that any person one of whose nearer ancestors was
black or vellow is a non-European : Times, Dec. 14. 1911.
Pace 1306. The title Honourable is now recognized throughout
the Empire in the case of judges of the Supreme Courts of all the
Australian States, of the Union of South Africa, of New Zealand, and
of Newfoundland and of the High Court of the Commonwealth during
their tenure of office, and on retirement if specially recommended.
In the case of the Provinces of Canada the judges of the Supreme
Courts are given the style of Honourable locally, and so in the case
of the Supreme Court, but in respect of these the official style of
Lordship 1s used ; see e.g. the notice prefixed to 43 §. C. R. These
cases are not covered by the new rule so far. See Gazette, Jan. 1,
1912. The Administrators of the Union Provinces are so stvled.
Paces 1309, 1310. The Law Officers of the Crown definitely
advised on April 30, 1859, that precedence by birth or title in the
United Kingdom did not automatically convey similar precedence in
a Colony, and that it was proper for a Colonial Governor to regulate
precedence (in default of special instructions) according to local
conditions ; see South Australian Parl. Payp., 1871, No. 115. By
dispatch of January 26, 1869, to the Governor of Victoria a pledge
was given that no precedence would be accorded officially in future
bo any ecclesiastical person, the letters patent creating bishoprics
having been held to be invalid; see Victoria Parl. Pap., 1890,
No. 38, p. 6. That archbishops rank by date of appointment and
aot of consecration as bishops when precedence is granted (as in
Canada and Newfoundland) is laid down by a dispatch of 1910;
see Canada Statutes, 1911, p. vi. The vexed question ‘of relative
rank of Imperial and Colonial officers (Victoria Parl. Pap., pp. 7-10)
has been settled by the rule that Imperial officers in the Colonies
receive Colonial commissions and rank under them.
Pace 1323. Other Acts which would not apply to a naturalized
British subject outside his own place of naturalization are the Foreign
Morriages Act, 1892, and the Wills Act, 1861. So he would be
exempt from the extraterritorial operation of the law of treason
(35 Hen. VIII ec. 2), murder (24 & 25 Vict. c. 100, s. 9), bigamy
(ibid., 8. 57); certain offences under the Merchant Shipping Act,
1894, and the Explosive Substances Act, 1883, and the Foreign En-
listment Act, 1870 ; nor would he fall within the protection of clauses
in extradition treaties relating to the non-surrender of nationals :
Parl. Pap., Cd. 3524, p. 142. See also Piggott, Nationality. The
Australian Act of 1903 contains (s. 5) a curious clause which contem-
plates that an aboriginal native of New Zealand may yet not be
a British subject, which is an impossibility ; and s. 9 must be read
as applicable only to a woman marrying a naturalized British subject,
or it 1s repugnant to s. 10 of the Imperial Act.