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1892. NEW ZEALAND.
DESPATCHES FROM THE SECRETARY OF STATE TO THE GOVERNOR OF NEW ZEALAND. (IN CONTINUATION OF A.-2, 1892.)
Presented to both Houses of the General Assembly by Command of His Excellency.
No. 1. My Lord, — Downing Street, Bth December, 1891. With reference to the Earl of Carnarvon's circular despatch of the 13th June, 1877, transmitting a summary of the Statutes dated the 30th May, 1877, of the Most Distinguished Order of Saint Michael and Saint George; and to my circular despatch of the 7th September, 1887, respecting the recovery of the Insignia on the decease of members within the colony under your Government, I have the honour to acquaint you that the Queen, as Sovereign and Chief of the said most Distinguished Order, has been graciously pleased to issue Statutes of the Order dated the 24th November, 1891, repealing those provisions in the Statutes of the 30th May, 1877, which ordained that persons admitted into the Order should make arrangements for the return, on their decease, of the Insignia or badges received by them; and altering, amending, and consolidating the several Statutes of the Order. 2. In enclosing for your information copies of the new Statutes, I have the honour to acquaint you that it will no longer be part of the duty of Colonial Governors to obtain and transmit to the Chancery of the Order the Insignia of deceased members, as the Insignia are for the future returnable only when the holder is promoted in, or ceases, while living, to be a Member of the Order; but it is desirable that, as heretofore, the death of any Member of the Order within the colony under your Government should be notified for record in the Chancery of the Order, and also that the decease, within the colony, of persons possessing other honorary distinctions should, as heretofore, be reported to the Secretary of State. 3. In the event of any member of any of the classes of the Order ceasing to hold his rank and place as a member of the Order or of his resigning his Dignity, the whole of the Insignia issued to him will have to be returned; and in the event of the promotion within the Order of any Member of the Second or Third Class, he will have to return to the Secretary of the Order the Insignia previously worn by him. I have, &c, KNUTSFOED. The Officer Administering the Government of New Zealand.
No. 2. Sir,— Downing Street, 17th December, 1891. With reference to my predecessor's circular despatch of the 16th March, 1885, I have the honour to transmit to you, for publication in the colony under I—A. 2a.
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your Government, a copy of an Order of Her Majesty the Queen in Council dated the 24th November, 1891, for giving effect to the protocol between Her Majesty and the President of the- Oriental Republic of Uruguay, concluded at Monte Video on the 20th March, 1891, the ratifications of which were exchanged at Monte Video on the 17th July, 1891, for the extension of the period stipulated in Article.lX. of the Treaty of 26th March, 1884, for the mutual extradition of fugitive criminals. I have, &c, KNUTSFORD. The Officer Administering the Government of New Zealand.
Enclosure. Order in Council. Extradition Treaty between Great Britain and the Oriental Bepublic of the Uruguay. Windsor, 21th November, 1891. At the Court at Windsor, the 24th day of November, 1891. Present : The Queen's Most Excellent Majesty; Lord President, Earl of Limerick; Lord Walter Gordon-Lennox, Sir James Eergusson, Bart., Mr. A. J. Balfour, Sir Charles Pearson. Whereas by the Extradition Acts, 1870 and 1873, it was, amongst other things, enacted that where an arrangement has been made with any .foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that Her Majesty may, by the same or any subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's dominions specified in the Order, and render the operations thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient; and that if, by any law made after the passing of the Act of 1870 by the Legislature of any British possession, provision is made for carrying into effect within such possession the surrender of fugitive criminals who are in or suspected of being in such British possession, Her Majesty may, by the Order in Council applying the said Acts in the case of any foreign State, or by any subsequent Order, suspend the operation within any such British possession of the said Acts, or any part thereof, so far as it relates to such foreign State, and so long as such law continues in force there and no longer : And whereas a Treaty was concluded on the twenty-sixth day of March, one thousand eight hundred and eighty-four, between Her Majesty and the President of the Oriental Eepublic of the Uruguay for the mutual extradition of fugitive criminals : And whereas, by an Order of Her Majesty the Queen in Council, dated the fifth day of March, one thousand eight hundred and eighty-five, it was directed that the Extradition Acts, 1870 and 1873, should apply in the case of the Oriental Eepublic of the Uruguay : And whereas, by an Act of the Parliament of Canada passed in 1886, and intituled " An Act respecting the Extradition of Fugitive Criminals," provision is made for carrying into effect within the Dominion the surrender of fugitive criminals : And whereas, by an Order of Her Majesty the Queen in Council, dated the seventeenth day of November, one thousand eight hundred and. eighty-eight, it was directed that the operation of the Extradition Acts, 1870 and 1873, should be suspended within the Dominion of Canada so long as the provisions of the said Act of the Parliament of Canada of 1886 should continue in force and no longer: And whereas a Protocol was concluded on the twentieth day of March, one thousand eight hundred and ninety-one, between Her Majesty and the President of the Oriental Eepublic of the Uruguay, providing for the extension of the period stipulated in Article IX. of the above-mentioned treaty of the twenty-sixth day of March, one thousand eight hundred and eighty-four, which Protocol is in the terms following : — " Monte Video, the twentieth day of March, one thousand eight hundred and ninety-one, their Excellencies Mr. Ernest Mason Satow, Companion of the Most Distinguished Order of St. Michael and St. George, Her Britannic Majesty's Minister Eesident and Consul-General, and Dr. Manuel Herrero y Espinosa, Minister for Foreign Affairs, having met together at the Ministry for Foreign Affairs with the object of providing for the extension of the period stipulated in Article IX. of the Treaty for the Extradition of Criminals in force between their respective countries, for the provisional arrest of persons charged with any crimes or offences specified in the said Treaty, and having exchanged their full powers, which were found to be in good and due form, have agreed to the following declaration, which shall be considered an integral part of the said international compact: " The period of thirty days fixed by Article IX. of the Treaty for the Extradition of Criminals in force between the Oriental Eepublic of the Uruguay and Great Britain, for the provisional arrest of persons charged with any of the crimes or offences specified in the said Treaty, being thoroughly recognised as insufficient, both Governments agree that the said period shall henceforth be fixed at sixty days. "In witness whereof the said Plenipotentaries have caused the present Protocol to be drawn up in duplicate, and have signed both copies, and thereto affixed their seals on the date above expressed. (1.5.) " Ernest Mason Satow. (1.5.) "Manuel Herbero y Espinosa."
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And whereas the ratifications of the said Protocol were exchanged at Monte Video on the seventeenth day of July, one thousand eight hundred and ninety-one : Now, therefore, Her Majesty, by and. with the advice of Her Privy Council, and in virtue of the authority committed to her by the said Acts, doth order, and it is hereby ordered, that from and after the seventh day of December, one thousand eight hundred and ninety-one, the said Acts shall apply in the case of the said Protocol of the twentieth day of March, one thousand eight hundred and ninety-one, as fully to all intents and purposes as in the case of the said recited treaty of the twenty-sixth day of March, one thousand eight hundred and eighty-four. Provided always, and it is hereby further ordered, that the operation of the said Extradition Acts, 1870 and 1873, shall be suspended within the Dominion of Canada so far as relates to the Oriental Eepublic of the Uruguay, and to the said Treaty and Protocol, so long as the provisions of the Canadian Act aforesaid of 1886 continue in force, and no longer. C. L. Peel. (Extract from the London Gazette of Friday, November 27th, 1891.)
No. 3. Downing Street, 13th January, 1892. Intimating that Her Majesty will not be advised to exercise her power of disallowance of the Acts of the New Zealand Parliament, session of 1891.
[For list of Acts, see New Zealand Gazette No. 22, 10th March, 1892.]
No. 4. My Lord,— Downing Street, 14th January, 1892, It is with the deepest regret that I have to communicate to you the melancholy intelligence of the death of His Royal Highness Prince Albert Victor, Duke of Clarence and Avondale, E.G., eldest son of His Royal Highness the Prince of Wales, and grandson of Her Majesty the Queen. His Royal Highness expired at Sandringham, at 9.15 a.m. to-day, to the inexpressible grief of Her Majesty, the Royal Family, and nation. I have, &c, ENUTSFORD. The Officer Administering the Government of New Zealand.
No. 5. My Lord, — Downing Street, 22nd January, 1892. I have laid before the Queen your telegram of the 16th instant, expressing the sympathy which, in common with the whole of the people of New Zealand, you feel upon the sad occasion of the death of the Duke of Clarence and Avondale. I am commanded by Her Majesty to request that you will let it be known that Her Majesty and the Royal Family find much consolation in this and the numerous messages of condolence which have reached them from the colonies. I have, &c, The Right Hon. the Earl of Onslow. ENUTSFORD.
No. 6. My Lord, — Downing Street, Ist February, 1892. I have the honour to transmit to you a copy of a letter from the Queen expressing Her Majesty's deep sense of the loyalty and affectionate sympathy evinced by her subjects in every part of her Empire on the sad occasion of the death of her grandson, His Royal Highness Prince Albert Victor, Duke of Clarence and Avondale, E.G., eldest son of their Royal Highnesses the Prince and Princess of Wales. I have also the honour to enclose a copy of a telegram dated Windsor Castle, the 20th of January, in which their Royal Highnesses the Prince and Princess of Wales express to Her Majesty's subjects, whether in the United Eingdom, in the colonies, or in India, the sense of their deep gratitude for the universal feeling of sympathy manifested towards them on the sad occasion of the loss of their beloved eldest son,
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I have no doubt that both these touching documents have been published in the colony under your government, but I have thought it right that they should be communicated to you officially for record in the archives of the colony. I have, &c, ENUTSFORD. The Officer Administering the Government of New Zealand.
Enclosure No. 1. Whitehall, 27th January, 1892. The following letter from the Queen has been received by the Eight Honourable the Secretary of State for the Home Department: — " Osborne, 26th January, 1892. "I must once again give expression to my deep sense of the loyalty and affectionate sympathy evinced by my subjects in every part of my Empire on an occasion more sad and tragical than any, but one, which has befallen me and mine, as well as the nation. The overwhelming misfortune of my dearly loved grandson having been thus suddenly cut off in the flower of his age, full of promise for the future, amiable and gentle, and endearing himself to all, renders it hard for his sorely-stricken parents, his dear young bride, and his fond grandmother, to bow in submission to the inscrutable decrees of Providence. " The sympathy of millions which has been so touchingly and visibly expressed, is deeply gratifying at such a time, and I wish, both in my own name and that of my children, to express, from my heart, my warm gratitude to all. " These testimonies of sympathy with us, and appreciation of my dear grandson, whom I loved as a son, and whose devotion to me was as great as that of a son, will be a help and consolation to me and mine in our affliction. "My bereavements during the last thirty years of my reign have indeed been heavy. Though the labours, anxieties, and responsibilities inseparable from my position have been great, yet it is my earnest prayer that God may continue to give me health and strength to work for the good and happiness of my dear country and Empire while life lasts. "Victoria E. I."
Enclosure No. 2. The following official telegram has been received from Sir Francis Enollys, at Windsor Castle :— " The Prince and Princess of Wales are anxious to express to Her Majesty's subjects, whether in the United Kingdom, in the colonies, or in India, the sense of their deep gratitude for the universal feeling of sympathy manifested towards them at a time when they are overpowered by the terrible calamity which they have sustained in the loss of their beloved eldest son. " If sympathy at such a moment is of any avail, the remembrance that their grief has been shared by all classes will be a lasting consolation to their sorrowing hearts, and, if possible, will make them more than ever attached to their dear country. " Windsor Castle, 20th January, 1892."
No. 7. My Lord,— Downing Street, 2nd February, 1892. I have the honour to draw your Lordship's attention to my circular despatch of the 12th of January, 1891, and to request that I may be furnished with an expression of the views of your Government on the proposed issue of exequaturs to Consular officers appointed by the Chinese Government in the British dominions. I have, &c, ENUTSFORD. Governor the Right Hon. the Earl of Onslow, E.C.M.G.
A.-2, 1891, Sess. 11., No. 10.
No. 8. My Lord, — Downing Street, 4th February, 1892. I have the honour to transmit to you, for communication to your Government, a copy of a despatch from the High Commissioner for the Western Pacific, in which he suggests that inquiries should be made with regard to the nationality of any master who applies for a license under the Pacific Islanders' Protection Acts. The difficulties which arose in the case of Edmunds will be seen from a perusal of a previous despatch from Sir J, Thurston, a copy of which is enclosed.
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I shall be glad if you will invite your Government to take this suggestion into consideration. I have, &c, ENUTSFORD. The Right Hon. the Earl of Onslow, E.C.M.G.
Enclosure No. 1. High Commissioner's Office, Western Pacific, Suva, Fiji, My Lord,— 23rd November, 1892. Eeferring to my Despatches Nos. 34 and 35, of the 11th November, 1890, with regard to the case of Mr. Peter Pratt Edmunds, charged with the murder of a native at Chirumbye, in the Solomon Group, I have the honour to enclose herewith copy of a report of a further inquiry made by Captain Davis of H.M.S. " Eoyalist." 2. I find that in 1889 the Governor of New South Wales granted to Edmunds a license, under the Pacific Islanders' Protection Act of 1875, to employ Native labourers in connection with his vessel. 3. This and other cases have brought prominently under my notice the difficulty of exercising proper control over British ships whose masters are not British subjects. I would, therefore, respectively suggest that Governors and Consular Officers, when applied to for licenses under the Pacific Islanders' Protection Acts, should cause inquiry to be made with regard to the nationality of the master applying, and, in the exercise of a discretion which they possess under the Acts, should decline to grant one to any master not being a British subject. 4. I have already mentioned in my former despatches on this subject that grave difficulties may arise in cases where ships' masters of foreign birth have been naturalised only in some British colony. I have, &c, The Eight Hon. Lord Knutsford, G.C.M.G. John B. Thurston.
Sub-Enclosure. Captain Davis to Commander-in-Chief. Solomon Islands. — Shooting a Native at Chirumbye by Mr. Edmunds, Trader. H.M.S. "Eoyalist," at sea, lat. 9° 34' S., long. 153° 16' E., Sir,— 22nd August, 1891. With reference to clause (/) paragraph 2, of my Sailing Order dated 23rd April last, Case 42, I have the honour to report that I arrived off Chirumbye at 3.40 p.m. on the 16th instant, and landed with interpreters, but could find no Natives. At the same time I sent to Mulekopa, who lives about one mile to the southward, at Bunasao. At 6.30 p.m., finding no one, I returned to the ship, on the way meeting Mulekopa just going on board. 2. I sent a message by him to Dollofollo, the chief, erroneously referred to in printed Case 42 as " Evooloo " and " Tooloo," who owns Shigella, the Lord Howe boy, saying I wanted to see him, also Shigella, and the Lord Howe girl, Sauko. Mulekopa returned to the ship about 9.30 p.m. saying Dollofollo was in the bush and could not come to me, as he was sick—he had a bad foot. 3. I lay to for the night, and at 6 a.m. on the 17th August I landed, taking Mulekopa and two interpreters with me. Dollofollo's place was a long way off in the bush, on the top of a hill. I reached it in about two hours. At first I had some difficulty in getting any one at all to come to me. When they did, every one "knew" of Eosen's death; but I impressed on Dollofollo that I only wanted men who had actually seen him killed. Dollofollo stated that he and Singella were on board the schooner; Shigella belongs to him. French Peter—Edmonds—wanted to buy him. He refused to sell him. He then put Singella below, and his mate tied him (Dollofollo) up. Then the Natives went ashore, and he saw French Peter shoot Eosen. When he was landed, some time afterwards, he received, a hundred sticks of tobacco and six fathoms of calico. He had since worked copra for this trade. French Peter never said why he wanted to buy Singella. The Natives after they went ashore did not threaten to attack the schooner. Singella, native of Lord Howe Island, said he was quite happy. He does not want to go back to Lord Howe Island. He never asked French Peter to take him ; if he says he did he tells lies. No one ever spoke of killing him to eat him. He ran away from the schooner at Java because he did not want to go away. Sauko, the girl who came from Lord Howe Island at the same time as himself, could not come to me. She was a long way away; she belonged to a man called Nallico. She does not want to go away. Mulekopa said, he was on board the schooner; whilst on board saw French Peter shoot Eosen. He does not know why. French Peter took Singella away, and his mate tied Dollofollo up. Geremboa of Bunasou said he was on board the schooner and saw French Peter shoot Eosen. Bulumbelemma and his son Suka were also on board at the time. Zappi, nephew of Dollofollo, said he was on the beach and saw French Peter shoot Eosen. He was about twenty yards from Eosen. Eosen was shot in the head. Bussumbussu, of Felosamma, near Dollofollo's place, said he was on board the schooner when French Peter had Dollofollo tied up. He then went ashore. He saw French Peter shoot Eosen ; he fired two shots first, and the third hit Eosen in the head; then he shot at him, and he ran into the bush.
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Gouve said he was on board the schooner, and when French Peter's mate tied up Dollofollo he went on shore, and saw French Peter shoot Eosen. He was close to Eosen at the time—six yards. Eosen was shot in the head. Bilihi said he was on board the schooner with Mulekopa. He saw French Peter shoot Eosen. He afterwards went ashore with Mulekopa. 4. There seems but little doubt that Edmunds removed the boy Singella against his and his owner's wish. The Natives resented this. Edmunds may have supposed his schooner would be attacked. He fired several shots, one killing the boy Eosen. 5. I told Dollofollo that if a man-of-war came again he was to go on board, and take the abovenamed witnesses with him. He promised to do this. 6. Singella himself, who is a fine young man, seemed perfectly happy and contented. I offered to take him straight away if he wished it, but he did not want to go. I have, &c, The Commander-in-Chief, Australia. Ed. H. M. Davis, Captain.
Enclosure No. 2. Sir J. B. Thurston to Lord Knutsford. High Commissioner's Office, Western Pacific, Suva, Fiji, My Lord,— 14th November, 1890. In my Despatch No. 34, of this date, I have reported the case of Peter Pratt Edmunds, charged with certain offences in the Solomon Islands. The case raises very important questions as to the jurisdiction of the High Commissioner's Court as regards foreigners on British ships, and foreigners who have been naturalised in one of Her Majesty's colonies. In a petition addressed to me by Edmunds, asking for compensation for loss of time and damages sustained by him in consequence of the abortive proceedings taken against him, he states that he is a subject of the French Eepublic, but in 1881 obtained from the Governor of New South Wales a certificate of naturalisation conferring on him the privileges of a British subject while within the limits of the Colony of New South Wales. But outside that colony his status as a British subject lapses, especially as he appears to be domiciled in the Solomon Islands. He is, therefore, not competent to be the owner of a British registered ship, although I find from the list of merchant vessels published by the Board of Trade that he is registered in Sydney as owner of the " Magic," his address being given as the Solomon Islands. So long, of course, as Edmunds flies the British flag on his vessel he cannot in a judicial proceeding plead that he is not British, and consequently may be tried in English Courts for offences committed on board such vessel on the high seas. 4. But it appears to me that he is not liable to the jurisdiction of the High Commissioner's Court, even for offences committed on board British vessels. 5. The Western Pacific Order in Council of 1877 (Article 6) states that it applies to " foreigners, in the cases and according to the conditions in this Order specified, but not otherwise." Its application to foreigners is laid down in Article 145, which only applies to " actions." There is, therefore, no criminal jurisdiction over foreigners conferred upon the High Commissioner's Court. The effect of this is that offences against English law committed by foreigners on board British ships in the Western Pacific can only be tried within Her Majesty's dominions; and that, further, foreigners on British ships are not subject to the regulations made by the High Commissioner. Thus, for example, in the case in question, Edmunds is not only a foreigner but the owner and commander of a British ship ; and yet, whether on board such ship, or trading on shore in connection with the business of such ship, he could set up his foreign nationality as a bar against proceedings taken against him for breach of High Commissioner's regulations. 6. It not unfrequently happens that the masters (and occasionally the whole of the crew) of British ships in the Western Pacific are foreigners, and the regulations can in such cases be disregarded with impunity. 7. If I am right in my view of the law, it would appear desirable that steps should be taken to confer on the Court jurisdiction over foreigners for offences committed on board British vessels in the Western Pacific. It would probably be prudent to provide at the same time that such jurisdiction is only to be exercised when the offender is arrested on board a British ship, or within Her Majesty's dominions. I have, &c, The Eight Hon. Lord Knutsford, G.C.M.G. John B. Thurston.
No. 9. My Lord, — Downing Street, 4th February, 1892. With reference to my circular despatch of the 6th of February, 1891, respecting the termination on the 30th June next of the Commercial Convention of the 26th April, 1886, between Great Britain and Spain, I have the honour to transmit, for the information of the colony under your government, a copy of a translation of a Spanish Royal Order, issued from the Spanish Treasury on the 13th January, respecting Customs duties on British goods between the Ist February and the 30th June next, together with a copy of a translation of Article XII., relating to certificates of origin, of a new tariff approved on the 31st December last. I have, &c, ENUTSFORD. The Officer Administering the Government of New Zealand.
A.-2., 1891, Sess. 11., No. 11
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Enclosure No. 1. Eoyal Order. [Translation.] Madrid, 13th January, 1892. Considering the inquiries which have been addressed to this Ministry with regard to the interpretation of Articles I. and VI. of the Eoyal Decree of the 31st December last, as to the date on which the new tariff is to come into force, and as to the duties which are to be charged on goods from countries whose commercial treaties with Spain terminate on the 30 th June next: And considering that England and the Netherlands continue to enjoy up to the 30th June next the benefits in general which are secured to them by their respective treaties, in addition to those contained in the treaties concluded between Spain and Germany on the 12th July, 1883, and with France on the 6th February, 1882 : His Majesty the King, and, in his name, the Queen Eegent decrees, — 1. That merchandise which enters the Customs lines of Spain, either by sea or land, until midnight of the 31st of this month of January will enjoy the benefits of the tariff now in force, inasmuch as the new tariff does not come into force till the Ist January next. 2. In accordance with the above Article, the Custom-houses will remain open until midnight in order to receive manifests and way-bills. On these documents will be entered carefully the hour at which they are presented, provided always that they conform with the Marine and Sanitary Eegulations of the port of entry. 3. Merchandise of British or Dutch origin will continue to enjoy to the 30th of June of the present year the benefits of the duties contained in the tariffs Letter (B), annexed to the Treaties of Commerce and Navigation between Spain and Germany of the 12th July, 1883, and of France of the 6th January, 1882. 4. In order that the duties in those tariffs (which were annexed to the treaties for merchandise to which the said tariffs refer) may be applied, it is necessary that a certificate of origin should be presented at the Custom-house drawn up in the form laid down in Eule 12 of the new tariff approved of by the Eoyal Order of the 31st December, 1891. 5. All British and Dutch goods not specified in the above tariffs, Letter (B) annexed respectively to the French and German Treaties, will, up to the 30th July, 1892, pay duty in accordance with the second column of the new tariff approved by the Eoyal Decree of the 31st December, 1891. 6. Goods of Finnish origin comprised in the tariff, Letter (B), annexed to the Treaty of Commerce and Navigation between Spain and Eussia of the 2nd July, 1887, will, up to the 30th June of the present year, pay in accordance with the duties specified in the above tariff, Letter B), it being understood that, in order to enjoy this privilege, Finnish goods must be imported direct from Finland without transhipment on the voyage ; no necessity of justifying their origin by means of a certificate being required. 7. The regulations referred to in Eule 8 of the tariff of the 31st December last, as well as that at present in force, are those laid down in the Law of Commercial Eelations with the Colonies of the 30th June, 1882, as well as in the Article XIII. of the Budget Law of the 29th June, 1887 ; and they are only of a temporary nature which will last until the treatment to which the foreign flag will be subjected in the trade and navigation between the Peninsula and the Colonies has been definitely settled. 8. For the carrying-out of the preceding regulations relative to British, Dutch, and Finnish goods the Custom-houses must refer to the official edition of the tariff of the 31st December, 1889, which is still in force, and which contains the respective treaties of commerce. By order of Her Majesty, I state this for your information and guidance. I have, &c, To the Director-General of Indirect Taxation. Concha.
Enclosure No. 2. Certificates of Origin.—Spain. [Extract from Spanish Tariff, 1892.] Faculty is reserved to the Minister of Finance to require the presentation of a certificate of origin in order that the duties in the second column of the tariff, or those which may be subsequently settled with foreign nations, may be charged on their merchandise. Certificates of origin will be drawn out in conformity with the following rules :— 1. The certificate will consist of an official declaration made by the producer or manufacturer, or an authorised person on his behalf, before the local authority of the place of production or deposit in the producing State, that the merchandise to which the certificate refers is his manufacture, or the produce of his industry. The Spanish Consuls for the districts concerned will legalize the signatures of the said authorities, who may be, according to the regulations of each country, the Mayor, the Chamber of Commerce and Navigation, the police authorities, public notaries, and also Directors of Customs. 2. The certificate will set forth the number, marks, enumeration, &c, gross weight of the packages, &c, the material or class of the merchandise, specifying definitely, as regards yarns and tissues, whether they are of cotton, hemp or flax, wool, or silk, or a mixture of these materials. 3. The certificates can come drawn up in Spanish or French. When presented drawn up in other languages, they will be translated into Spanish at the choice of the merchant, by sworn interpreters, by interpreting ship-brokers, by commercial brokers, by the Boards of Agriculture, Industry, and Commerce of the locality, or by the Consuls of the countries to which the merchandise appertains.
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The faculty for making translations is optional on the part of Boards of Agriculture, Industry, and Commerce, which are entitled but not obliged to do them. 4. When certificates are presented drawn up in the language of the country of origin, and likewise in Spanish, the Spanish version will be treated as null and the translation will be effected in the form above indicated. 5. Certificates of origin of Chinese and Japanese produce, especially destined for Spain, will be drawn up in Spanish at the Spanish consulates in those countries, with the Consul's visa, attached ; and vessels carrying such produce can transfer it to other bottoms without prejudice to the benefits to which it may be entitled, so long as the transhipment be justified. Should a merchant receive certificates wanting in the aforementioned formalities, he may return them before clearing the goods, in order to have the omissions repaired, availing himself meanwhile of the time allowed for storage by the Custom Eegulations, on the understanding that when clearance is asked for goods accompanied by a certificate, the latter is to be considered as definitely presented. Custom-houses will admit certificates which fulfil the aforesaid conditions, passing over any accidental defect in the form in which they are drawn up. If at any time the certificate should bear the impression of being of false character, it will be handed to the tribunals to be dealt with accordingly. Should certificates not be presented at the time of inspection, should they when presented not fulfil all requirements, or not tally with the merchandise to which they relate, they will be considered as null and void, the duties in the first column of the tariff being applied to the merchandise. Should differences exist between the gross weight of the packages described in the certificates and that arrived at on clearance, if such differences do not exceed a maximum of 20 per cent, beyond or short of what is stated on the certificates, the said documents will be admitted as effective; but they will be considered null when the differences are in excess of that rate, the duties in the first column of the tariff being in such case applied to the merchandise. Certificates issued in one country for the produce of another will likewise be considered null. Merchandise from a treaty nation, destined for Spain and accompanied by the necessary certificate of origin, which may pass through another country also enjoying treaty privileges, needs no justification for such transit; but when the transit takes place through a country having no treaty, the goods must be identified by a special certificate issued by the Spanish Consul or foreign custom-house of the locality. Merchandise belonging to treaty nations, and coming from them, will enjoy treaty privileges, even if the vessels conveying it touch during their voyage at ports belonging to nations without a treaty, engage in commercial operations there, or transfer to other bottoms the cargo destined for Spain. To this effect merchandise must come consigned to Spain in the manifest prepared in the port of loading of the treaty nation concerned. If afterwards it be transferred to another bottom, the Spanish Consul at the place, after taking cognisance of the proper documents, must enter on the manifest then prepared that the merchandise was loaded in a country having a treaty, and is destined for Spain. In addition to these formalities the certificate of origin must be exhibited, should the goods be such as to need one. All articles, even if their origin be a country without a treaty, which have undergone, owing to industrial processes in one which a treaty exists, such transformation or manipulation as may raise their value, will enjoy the benefits extended to treaty nations. In order that merchandise requiring a certificate and intended for deposit may pay duty under the second column of the tariff, the said document must be presented at the moment of clearance for consumption.
No. 10. My Lord,— Downing Street, 12th February, 1892. With reference to my Despatch No. 42, of the 25th of September last, and to your reply No. 74 of the 28th November, I have the honour to transmit to you, for communication to your Government, a copy of a letter from the Admiralty respecting the entry of Australasian men and boys in the Royal Navy. You will observe that copies of the pamphlets referred to will be forwarded to the Commander-in-Chief on the Australian Station. I have, &c, ENUTSFORD, The Right Hon. the Earl of Onslow, G.C.M.G.
A.-2., 1892, No, 25. A.-1., 1892, No, 22.
Enclosure. Admiralty to Colonial Office. Sir,— Admiralty, 6th February, 1892. With reference to your letter of the 12th ultimo, and to previous correspondence relative to the entry of men and boys of Australian, New Zealand, and Tasmanian birth in the Eoyal
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Navy, I am commanded by the Lords Commissioners of the Admiralty to acquaint you, for the information of the Secretary of State for the Colonies, that the enclosed draft of a small pamphlet, similar in form to that relating to the entry of boys (second class) for the Eoyal Navy in this country, contains the information which should be given to candidates for entry on the Australian ■Station, observing that a supply of these pamphlets will be forwarded to the Commander-in-Chief on the Australian Station, who will communicate with the Colonial Governments when he receives the pamphlets. 2. My Lords do not at present propose to name a limit to the number of entries which may be made annually, thinking it best to first ascertain by experience whether qualified candidates will present themselves. 3. My Lords consider that details as to time and place of entry, and the distribution of the pamphlets to candidates only on application, should be settled between the Colonial Governments and the Commander-in-Chief of the Squadron on the Australian Station. I have, &c, The Under-Secretary of State, Colonial Office. Evan Macgregor.
No. 11. Sir. — Downing Street, 12th February, 1892. I have the honour to inform you that the Queen has been pleased to appoint the Right Hon. the Earl of Glasgow to succeed the Right Hon. the Earl of Onslow, G.C.M.G., as Governor and Commander-in-Chief of New Zealand .and its dependencies. A further despatch will be addressed to you as to the date at which Lord Glasgow will proceed to the colony. I have, &c, ENUTSFORD. The Officer Administering the Government of New Zealand.
No. 12. Downing Street, 20th February, 1892. Transmitting for publication in the colony a sealed copy of an Order of the Queen in Council, dated the 6th February, 1892, applying to the colony " The Mail Ships' Act, 1891," in the case of the Postal Convention with France of the 30th August, 1890. [For Order in Council, see New Zealand Gazette No. 37, sth May, 1892.]
No. 13. Sir, — Downing Street, 22nd February, 1892. I have the honour to inform you that the Queen has, on my recommendation, been graciously pleased to give directions for the appointment of the Right Hon. the Earl of Glasgow to be a Enight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George. I have, &c, ENUTSFORD. The Officer Administering the Government of New Zealand. Approximate Cost of Paper.—Preparation, not given; printing (1,300 copies), £5 15s.
By Authority: George Didsbubt, Government Printer, Wellington.—l.Bo2. Price 6d.
2—A. 2a.
Permanent link to this item
https://paperspast.natlib.govt.nz/parliamentary/AJHR1892-I.2.1.2.4
Bibliographic details
DESPATCHES FROM THE SECRETARY OF STATE TO THE GOVERNOR OF NEW ZEALAND. (IN CONTINUATION OF A.-2, 1892.), Appendix to the Journals of the House of Representatives, 1892 Session I, A-02a
Word Count
6,529DESPATCHES FROM THE SECRETARY OF STATE TO THE GOVERNOR OF NEW ZEALAND. (IN CONTINUATION OF A.-2, 1892.) Appendix to the Journals of the House of Representatives, 1892 Session I, A-02a
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