contraband of war for any of the belligerent Powers, or to hire or charter steamships which appear to be intended or could be turned to such usage, is an offence punishable with imprisonment or fine." The proclamation of the Netherlands also prohibits "the exportation of arms, ammunition, or other war materials to the belligerents. In this must be included the exportation of everything ready for immediate use in war, but not of unmanufactured articles, unless these are chiefly made up for warlike purposes."

In some of the proclamations a distinction which may one day be commonly accepted is drawn. Rule 7 of the regulations for the observance of neutrality laid down by the Brazilian Government withholds from privateers certain privileges granted to regular vessels of war. When convoying prizes, the latter are not permitted to remain in Brazilian ports or bays for more than twenty-four hours, unless they are driven to do so by force or stress of weather. But, except in certain specified cases, "privateers, although not escorting prizes, shall not be admitted into the ports of the Republic for more than twenty-four hours." The Japanese Government mark their disapproval of privateering by declaring that "No privateer shall be allowed to come within the territorial waters of the Empire"; and the proclamations of Denmark and Portugal are to the same effect.

The proclamations show a general agreement on the subject of the supply of coal to belligerent cruisers. The rule laid down in almost all cases is that the neutral is to supply a belligerent vessel with no more coal than is requisite to take the vessel to the nearest port of its own country, or to another nearer destination. On this point, however, a few proclamations are not very explicit. The Brazilian proclamation states (Rule 11) that "the ships of the belligerent shall take in only fuel to enable them to continue their voyage." The proclamation of the Republic of Colombia limits the quantity to that which is "strictly necessary to complete the voyage to the nearest foreign port." Some of the proclamations state that no further supply is to be given until after an interval of three months. The Brazilian rule is : "a ship which once takes in fuel in our ports shall not be allowed a fresh supply until a reasonable time has elapsed, such as may make it possible for the ship to have returned after accomplishing her voyage to a foreign port." One peculiarity in the Brazilian proclamation may be noted: Rule 5 deals with a set of circumstances likely to be often found in future wars, but not adverted to in other proclamations. "Nationals and foreigners residing in Brazil are forbidden to announce by telegraph the departure or expected arrival of a vessel, whether a merchantman or ship of war, belonging to belligerents, or to give them any orders, instructions, or information calculated to the prejudice of the enemy."

On the whole, the proclamations show a gradual approach to a uniform. neutrality law, conceived on the lines which America and England first struck out.

MODES OF LEGISLATION IN THE BRITISH

COLONIES: WESTERN AUSTRALIA.

[Contributed by THE HON. MR. JUSTICE J. C. H. JAMES.]

IN August, 1895, Lord Herschell, the President of the Society, in a letter to Mr. Chamberlain, Secretary of State for the Colonies, enclosed a series of questions by means of which it was sought to obtain information respecting the common and statute law of the several colonies, the methods of legislation, the publication, revision, and consolidation of statute law, and matters connected therewith. These questions were transmitted by Mr. Chamberlain to the respective Colonial Governments.

The first instalment of the replies received from the Colonial Office was published in the first number of the Journal (vol. i., pp. 134-190), the second instalment in the second number (vol. i., pp. 358-385), the third instalment in vol. ii., pp. 258-298. Since then the replies now printed have come to hand. It will be found that a large number of the Colonial Governments have responded to the invitation to forward replies, and it is hoped that the replies still outstanding will be forwarded in time for insertion. in the next number of the Journal.

The questions addressed to the Colonial Governments, and the answers received, were as follows:

QUESTIONS WITH RESPECT TO THE STATUTE LAW OF THE BRITISH COLONIES.

WESTERN AUSTRALIA.

I. COMMON LAW AS THE BASIS OF STATUTE LAW.

What is the common law of the colony? Under what circumstances and by whose authority was it introduced?

That of England. It was introduced on the foundation of the colony in 1829.

Is there any law applying exclusively to particular races or creeds?

A portion of the statute law applies exclusively to the aborigines: their testimony, punishments, contracts, protection, and land reserves. Certain enactments control Indian and Chinese labour.

II. STATUTE LAW.

Of what does the statutory or enacted law of the colony consist? To what extent is it embodied in Charters, Regulations, Orders in Council, Ordinances, or Acts?

The enacted law consists of Ordinances from 1832-1871, Acts of Council from that year to 1890, and Acts of Parliament from that date. No Charters. Some Regulations. Orders by the Queen in Council and by the Governor in Executive Council.

To what extent do the Statutes of the United Kingdom operate to the colony by virtue of either—

(i) Original extension of English law to the colony ;

(ii) Express provisions of any Order in Council or Charter; or

(iii) Express adoption by the Legislature of the colony?

(i) and (iii) With the exception of those relating to usury, all Statutes of the realm of a general nature in force on June 1st, 1829, take effect in Western Australia as far as applicable. The Colonial Legislature has since that date enacted many Statutes which embody the whole or parts of Imperial Statutes, and has adopted others by reference, while others, again, have been "made applicable."

(ii) Not by Charter, but certain Orders by the Queen in Council, have expressly applied to the colony certain Imperial Acts.

Is the statute law of any other colony in force in the colony? (This may happen where one colony has been severed from another.)

Acts of the Federal Council of Australasia only.

Is any code or other body of enacted law of non-British origin in force in the colony?

None.

III. METHODS OF LEGISLATION.

By whom are drafts of legislative measures prepared? Is there any official draughtsman? If so, by whom is he appointed, to whom is he responsible, and what are his staff and duties? Do his duties extend to measures introduced by private or non-official members of the legislative body?

By various persons-viz., the Attorney-General, a minister, or by a private member. There is now an official draughtsman appointed by the Governor in Council on the recommendation of the Attorney General, to whom he is responsible. He has no staff, and his duties are indeterminate. They do not extend to measures introduced by private members.

What is the constitution of the legislative chamber or chambers through which measures have to pass? (A reference to statute law or charter or order in council, or to any recognised text-book will suffice.) If there are two chambers, may measures be introduced in either?

A double chamber system on the Imperial model (refer to Con

stitution Acts). Measures may be introduced in either chamber, but those dealing with finance in the lower chamber only.

Are draft measures published before introduction or before any other stage? If so, under what rules?

No, not as a rule since the introduction of responsible government.
Through what stages does a measure pass before it becomes law?

Through the same stages as in the Imperial Parliament.

Is any opportunity afforded for referring measures while in course of passage through the Legislature to any special officer or committee on points of form?

None beyond those in use in the Imperial Parliament. The Governor can return a Bill for amendment as often as he likes (see Standing Orders, 327-329).

Have any steps been taken to secure uniformity of language, style, or arrangement of Statutes either by means of a measure corresponding to Brougham's Act" (13 & 14 Vict., c. 21) or to the Interpretation Act, 1889 (52 & 53 Vict., c. 63), or by official instructions or otherwise?

Only to the extent of two "shortening" Ordinances, the later of which became law in 1853.

Is there an annual session of the Legislature? Are there any fixed or customary periods of session?

Yes. These are not fixed; the customary periods are from July to November.

How are the Acts or Ordinances of the colony numbered or distinguished? Are they numbered by reference to the calendar year or to the regnal year, or in any other way? Is it the practice to confer for convenience of citation a "short title" on each Act or Ordinance? How long has this practice been followed?

By number of the regnal year; thus, "60 Vict., No. 24." A short title is usually, though not universally, conferred on each statute.

Are private Bills (if any) treated separately and under different conditions from public Bills? On what principle is the line drawn between public and private Bills? Are private Acts or Ordinances separately numbered?

Yes, the Imperial practice and principle being followed. Private Bills bear no number.

Does any practice exist of accompanying a measure on its introduction by an explanatory memorandum?

No.

IV. PUBLICATION OF STATUTES.

In what manner and under what authority are Statutes promulgated? What evidence is accepted of a Statute having been duly passed?

By notification in the Government Gazette.

(1) Under the hand of the Colonial Secretary, on the assent of the Governor.

(2) Under the same hand on receipt of despatch from the Secretary of State conveying Her Majesty's assent. A copy purporting

to have been printed by the Government printer is accepted as evidence of the passing of a Statute.

In what form or forms, and under what authority, are Statutes printed for publication?

In the form as attested by the Clerk of Parliaments.

Are the Statutes of each session published in a collected form at the end of the session?

Yes, or shortly thereafter.

Are the periodical volumes of Statutes accompanied by (1) an index and table of contents; (2) a table showing the effect on previous legislation?

(1) Yes; (2) yes.

What collective editions (if any) of the statute law of the colony have been published, and whether by the Government or private enterprise? Are these or any of them periodical? Do such editions comprise those Acts of the United Kingdom in force in the colony?

In that year

Up to the year 1882 there was no collective edition. a revised edition, arranged by subject-heads, was published under the direction. of a committee. There is no periodicity in the issue of editions. In 1896 a reprint or revised edition in chronological order of the laws in force, exclusive of those relating to appropriation and supply, together with a chronological table, was edited by the writer, and published under authority by Spottiswoode & Co.; also a volume containing the adopted Imperial Statutes, these last never having been promulgated within the colony save by reference of title.

Is there any edition of "Selected Statutes" corresponding to Chitty's Statutes of Practical Utility"?

No.

How are private Acts published?

In like manner as public Acts.

V. REVISION OF STATUTES.

Have any steps been taken for the revision and expurgation of the statute law, whether periodically or otherwise? What machinery (if any) exists for this purpose?

This seems to be covered by the answers to the questions in Part IV.

Is there any edition of "Revised Statutes" showing those actually in force? If so, under what authority is it prepared and published, and what is the date of the latest edition? Is it published at periodical intervals, or how otherwise? Are the contents arranged alphabetically, chronologically, or on any other principle?

The answers to Part IV. almost cover this question. The latest