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mutual enforcement of judgments and orders of Courts of justice, including judgments and orders as to commercial arbitration awards, I have the honour to transmit to you the accompanying copy of a memorandum by the Solicitor-General, in which my Government concurs. I have, &c, - ISLINGTON, The Right Hon. Lewis V. Harcourt, P.C., &c, Governor. Secretary of State for the Colonies.

Enclosure. Enforcement of Colonial Judgments in United Kingdom. Solicitor-General's Office, Wellington, 10th June, 1912. The Hon. the Minister of Justice. I have carefully considered the despatch from the Secretary of State for the Colonies, dated the 27th March, 1912, relating to the proposed legislation in England for the enforcement there of colonial judgments and colonial arbitration awards. I recommend that the Imperial Government be informed that the New Zealand Government approves of the proposed extension to colonial judgments and arbitration awards of the principle contained in the Judgments Extension Act, 1868. His Majesty's Government should also be informed that, although legislation on these lines is already in force in New Zealand by virtue of section 56 of the Judicature Act, 1908, the New Zealand Government is prepared to introduce further legislation, if necessary, for the purpose of bringing New Zealand law into conformity with English legislation which may be passed on this matter. With respect to the request contained in the above-mentioned despatch, that suggestions should be made as to the exact terms of the legislation to be introduced in the Imperial Parliament, I recommend that the following suggestions be made by the New Zealand Government. They should, however, be made as suggestions merely, and not as essential conditions of the approval of this Government to the measure proposed. 1. Enforcement by way of execution in England of a colonial judgment should be allowable only by leave of an English Court, which should, however, be obtainable ex parte if necessary. 2. The Bill should expressly extend to colonial judgments for penalties, penal sums, taxes, rates, and duties, so as to supersede within the British Empire the rule of international law that liabilities so incurred in one country are not enforceable in another. (See " Dicey on Conflict of Laws," p. 207, 2nd cd. ; Municipal County of Sydney v. Bull, 1909, 1 K.B. 7.) If, for example, an English firm or company is guilty of a fraud upon the Customs laws of a colony, and the penalty is recovered by action in that colony, there seems to be no sufficient reason why that judgment should not be enforceable in the United Kingdom. 3. It should be made clear by express provision in the Bill that except in respect of penalties, &c, as mentioned above, the rules of private international law as establishing the limits of the jurisdiction of foreign Courts are not interfered with. This is probably the effect of the Judgments Extension Act, 1868, as it stands, but there is no express provision. (See Dicey, p. 423.) A judgment obtained in a colony against a person resident in the United Kingdom, and not served with a writ in the colony, is not now enforceable by action in England, on the ground that by the rules of private international law the colonial Court had no jurisdiction over the defendant. It ought to be made clear in the Bill, therefore, whether or not a similar rule is to apply to enforcement of such judgment by execution. If the views which I have expressed meet with the approval of the New Zealand Government, I suggest that the most convenient course will be to cause a copy of this memorandum to be transmitted to the Secretary of State for the Colonies, together with an intimation to that effect. John Salmond.

No. 28. New Zealand, No. 125. Sir, — Government House, Wellington, 9th August, 1912. With reference to your despatch, No. 152, of the 21st May, forwarding . copies of papers from the Governor and the Solicitor to Industry of South Australia, ] on the subject of the legislation of that State relating to workmen's compensation, I have the honour to inform you that the following is a copy of a minute which has been sent to me by my Prime Minister:— " As the South Australian new Workers' Compensation Act appears to provide for compensation being paid to New Zealand relatives of workers that have met with accidents in South Australia, the question of establishing reciprocity under section 53 of the New Zealand Compensation Act is being referred to the Crown Law Office for advice. It is expected that, in due course, an Order in Council will be gazetted, establishing reciprocity in accordance with the above-mentioned section." I have, &c, ISLINGTON, The Right Hon. Lewis V. Harcourt, P.C., &c, Governor. Secretary of State for the Colonies.

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