Mail Ships Act, 1891

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Application of Act to British Possessions

8.—(1) An Order in Council may for the purpose of a Convention with a Foreign State apply this Act, subject to any exceptions or modifications not inconsistent with the provisions of this Act, to any British Possession, and this Act when so applied shall, subject to those exceptions and modifications, and subject as herein-after mentioned, have effect as if it were re-enacted with the substitution of such British Possesions for the United Kingdom:

Provided that before it is applied to any British Possession named in the schedule to this Act the Government of such Possession shall have adhered to the Convention.

(2) Where this Act applies to a British Possession, it shall not be necessary for the owner of any mail ship to give security in any court in that Possession, and the provisions of this Act with respect to the jurisdiction of any court of the United Kingdom, other than any jurisdiction relating to the application of the security, shall apply as if a court in the British Possession were substituted for a court of the United Kingdom.

(3) It shall be lawful for Her Majesty in Council to make rules for carrying into effect, as respects British Possessions, the provisions of this Act with respect to the security given by mail ships, and in particular with respect to the commencement of a legal proceeding by service of a writ or process in the Possession, and to the notices to be given to arresting authorities in the Possession, and the evidence to be receivable by such authorities of the security having been given or withdrawn, and the application of the security in discharge of any damages, fine, debt, claim, sum, or forfeiture, where the same are or is recovered or payable either in the British Possession, or under proceedings pending concurrently in that British Possession and in any other British Possession or the United Kingdom.

(4) If by any law made either before or after the passing of this Act by the Legislature of any British Possession provision is made for carrying into effect within such Possession any Convention to which this Act applies, Her Majesty in Council may suspend the operation within such Possession of this Act or of any part thereof so far as it relates to such Convention, and so long as such law continues in force there, or direct that such law or any part thereof shall have effect in such British Possession with or without modifications and alterations as if it were part of this Act.