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PUBLIC RECORD OFFICE
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
4. The Arbitrators shall make their Award within twenty-eight days after their nomination, otherwise the matter shall be left to be determined by the Umpire.
5. The Umpire shall make his Award within twenty-eight days after notice from the Arbitrators, or one of them, that the matter is left to be determined by him; or in default a new Umpire shall be appointed as nearly as may be in manner aforesaid, who shall make his Award within the like time, or in default be superseded, and so toties quoties.
The Award of the Arbitrators or Umpire shall be final and conclusive as between the Commissioner and the said Company.
(F.)—Indian Telegraph Act, 1885.
(1.) On the occurrence of any public emergency, or in the interest of the public safety, the Governor-General in Council or a Local Government, or any officer speci- ally authorized in this behalf by the Governor-General in Council, may-
(a.) Take temporary possession of any telegraph established, maintained, or worked by any person licensed under this Act; or
(b.) Order that any message or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or trans- mitted or received by any telegraph, shall not be transmitted or shall be intercepted or detained, or shall be disclosed to the Government or an officer thereof mentioned in the Order.
(2.) If any doubt arises as to the existence of a public emergency, or whether any act done under sub-section (1) was in the interest of the public safety, a certificate signed by a Secretary to the Government of India or to the Local Government shall be conclusive proof on the point.
(G.)—Form settled by recent Inter-Departmental Committee.
And it is hereby agreed and declared as follows, that is to say:—
(1.) If and whenever any Department of Her Majesty's Government requires the Company to transmit any message on Her Majesty's service, such message shall have priority over all messages, and the Company shall, as soon as reasonably may be, trans- mit the same and shall, until transmission thereof, suspend the transmission of all other
messages.
(2.) If and whenever in the opinion of one of Her Majesty's Principal Secretaries of State an emergency shall have arisen in which it is expedient for the public service that Her Majesty's Government should have control over the transmission of messages by the Company's telegraphs, it shall be lawful for the said Secretary of State by warrant under his hand to direct and cause so much of the Company's works as are within the United Kingdom or any part thereof to be taken possession of in the name and on behalf of Her Majesty, and to be used for Her Majesty's service, and subject thereto for such ordinary service as may seem fit, and in that event any person authorized by the said Secretary of State may enter upon the offices and works of the Company and take possession thereof and use the same as aforesaid.
(3.) One of Her Majesty's Principal Secretaries of State may, when he considers such an emergency as aforesaid to have arisen, instead of taking possession of the offices and works of the Company, direct and authorize such persons as he thinks fit to assume the control of the transmission of messages by the Company's telegraphs either wholly or partly, and in such manner as he may direct, and such persons may enter upon
the Company's premises accordingly, or the said Secretary of State may direct the Company to submit to him, or any person authorized by him, all telegrams tendered for transmission or arriving by the Company's telegraphs, or any class or classes of such telegrams, and to stop or delay the transmission of any telegrams, or deliver the same to him or his agent, and generally to obey all such directions with reference to the transmission of telegrams as the Secretary of State may prescribe; and the Company shall obey and conform to all such directions.
(4.) In any such case as aforesaid Her Majesty's Government shall pay to the Company by way of compensation for any direct injury or loss of profit sustained by the Company by reason of the exercise by the Secretary of State of any of the powers hereby reserved such sum as may be settled between the Secretary of State and the Company, or, in case of difference, may be determined by arbitration.
27288.
SIR,
No. 47.
(AUSTRALIA.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
August 20, 1900. WE were honoured with your commands signified to us in Mr. Bertram Cox's letter of the 8th instant, stating that he was directed to transmit to us the accompanying draft of a proclamation which had been prepared in the Colonial Office for the purpose of uniting the Australian Colonies in a Federal Commonwealth, as provided by the third section of the Commonwealth of Australia Constitution Act, 1900.
That the result of a referendum had shown that a large majority of the people of Western Australia were in favour of federation, and it was anticipated that an Address of both Houses of the Legislature in that Colony would shortly be presented to Her Majesty petitioning that that Colony (the Parliament of which had been summoned for the 14th instant) might be included in the Federal Commonwealth. That until that Address had been received, it was not proposed to submit the draft proclamation to Her Majesty in Council.
That Mr. Bertram Cox was to request us to consider the enclosed draft proclamation, and to advise-
(1.) Whether its terms were right and proper for the purpose intended.
(2.) If not, in what respect it should be amended.
In obedience to your commands, we have the honour to
Report-
That in our opinion the accompanying draft proclamation as altered and initialled by us is in its terms right and proper for its intended purpose.
The Right Honourable J. Chamberlain, M.P., &c. &c. &c.
AUSTRALIA.
We have, &c.,
R. B. FINLAY. EDWARD CARSON.
Draft proclamation for uniting the Colonies of New South Wales, Victoria, South Australia, Queensland, Western Australia and Tasmania in a Federal Commonwealth under the name of the Commonwealth of Australia.
At the Court of
the
day of
1900.
PRESENT:
Dated
- G?
qarasal
.DGI
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. The following draft proclamation was this day read at the Board and approved. Whereas by an Act of Parliament passed in the sixty-third and sixty-fourth year of 1900. Our Reign, intituled "An Act to constitute the Commonwealth of Australia," it is 63 & 64 enacted that it shall be lawful for the Queen, with the advice of the Privy Council, to Vio. Cap. declare by proclamation that, on and after a day therein appointed, not being later than 12. one year after the passing of this Act, the people of New South Wales, Victoria, South Australia, Queensland and Tasmania, and also, if Her Majesty is satisfied that the people of Western Australia have agreed thereto, of Western Australia, shall be united in a Federal Comminonwealth under the name of the Commonwealth of Australia: "
And whereas we are satisfied that the people of Western Australia have agreed thereto accordingly:
6625-23-8/3000 W1324 D & S
Page 60は
Union to come into
force, 1st
January, 1901.
2
We therefore, by and with the advice of our Privy Council, have thought fit to issue this our Royal Proclamation, and we do ordain hereby declare and command that on and after the first day of January, One Thousand Nine Hundred and One, the people of New South Wales, Victoria, South Australis, Queensland, Tasmania and Western Australia shall be united in a Federal Commonwealth under the name of the Commonwealth of Australia.
Given at Our Court at
this
day of
in the year of Our Lord One Thousand Nine Hundred, and in the sixty-fourth year of Our Reign.
GOD SAVE THE QUEEN.
R. R. F. E. C.