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judgments, and I venture, with your permission, to add the following remarks to what I have already written.

I had hoped that the Mother Country would in this matter have followed the example set by the Colony of New Zealand, and would not have made reciprocity a condition preceden to entertaining such a measure. I gather that the Lord Chancellor's chief ob jections would be removed if reciprocity were assured; and therefore I venture, with the greatest respect, again to point out that the subject might be fittingly discussed with the Colonial representatives at the forthcoming conference, and the chances of obtaining reciprocity might thus be properly canvassed. Without entering upon so vast a subject as that of Imperial Federation, I may say that it seems to me to be composed of many minor subjects, some of which are surrounded by soluble, others by insoluble, difficulties. Those attending the mutual execution of judgments I think belong to the first class, and the removal of them would be at least one step in the right direction, that of minimising the friction which at present exists between England and her Colonies. I may add also that the larger question of the execution of " foreign judgments" is under the consideration of the Foreign Office.

I must confess myself wholly unable to appreciate the objections of the Board of Trade te a measure which would tend to the simplification of what is at present a very knotty point in 'bankruptcy law, more especially as it proceeds on the lines which the Courts have already seen to be necessary, The section dealing with probates was struck out of the draft for the sole reason that the existing procedure for obtaining an auxiliary grant is as cheap and simple as could possibly be devised; a remark which applies to no other branch of the subject with which the measure deals.

With regard to office arrangements, an extension of those already existing for regis- tering Scotch and Irish judgments seems all that could be required.

I will only add what I fear I must now have said too frequently, that the expense and great delay involved in obtaining an English judgment in an action on a Colonial judg ment must necessarily be most prejudicial to commerce between England and her Colonies. The registration of Scotch and Irish judgments has already been found to work smoothly, and to be productive of considerable benefit to traders in the three parts of the United Kingdom, and I am still not without hope that the Colonial Office has not yet said its last word upon the matter.

1 have, &c., (Signed)

To the Right Hon. the Secretary of State for the Colonies.

F. T. PIGGOTT.

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sion, and that either the process commencing the action which resulted in the judgment was served on the defendant when he was in the British possession, or was served on him in accordance with the law of the British possession for service on defendant out of the possession, or that he has submitted to the jurisdiction of the court in which the judgment is recovered.

If the person against whom the judgment is recovered satisfies the superior court in Stay of the United Kingdom in which the judgment is registered that the judgment has been execution. wholly or partly satisfied, the court shall stay execution of the judgment in whole or in part. If he satisfies the court that he is resident in the United Kingdom, and that by reason of the process commencing the action resulting in the judgment not having been served on him in the British possession, or of the cause of action not having arisen in that possession, or of his having had no proper opportunity of defending the action, or of his intention to prosecute an appeal against the judgment, or that otherwise it is just so to do, the court may, upon the defendant giving security to obey the judgment, either by a deposit of money or otherwise to the satisfaction of the court, suspend the execution of the judgment until an application to set aside the judgment has been made and determined, or the appeal determined or time has clapsed without either being done.

No action on a judgment of the British possession, except by leave of the court; and No action on

no costs shall be recovered in such action except the court otherwise direct.

Provision must be made for the payment of fees on registration. A judgment not to be registered more than twelve months after by leave of the court in which it was recovered.

judgment. Fees.

of time.

is recovered, except Limitation Where the judgment recovered in a British possession cannot be executed by reason

of lapse of time after it is recovered, the judgment when registered in the United Kingdom cannot be executed.

C

judgment includes any decree or order of a court other than a decree or order Definition of relating to the recovery of land in the United Kingdom; and expressions referring to a

judgment. judgment being satisfied shall be construed to mean that an amount ordered to be paid has been paid or that the Act required or enjoined to be done has been done, or that an Act prohibited has not been done.

The Act to apply to superior courts only, but if the Queen in Council is satisfied Application that under the circumstances of the inferior courts any British possession and the regula inferior tions for appeal from their judgments it is expedient to extend the provisions of this courts. Act to judgments of inferior courts, and that certificates of that judgment will be issued by superior courts of that possession, the Queen in Council may extend the provisions of the Act to judgments of inferior courts upon reciprocal arrangements being made by the possession.

of Act to

Application of Act.

Registration of judgment in United Kingdom.

Issue of execution.

Contents of certificate.

No. 9.

ENFORCEMENT OF COLONIAL JUDGMENTS.

HEADS OF BILL. (FIRST DRAFT.)

NOTE. It is assumed that each Colony will legislate for the registration, in its own courts, of judgments recovered in the United Kingdom, or in other colonies, and that Imperial legislation is only required for the United Kingdom.

The Act to be applied by Order in Council to judgments recovered in any British possession, which appears to the Queen in Council to have made similar provision for giving effect in that possession to judgments recovered in the United Kingdom, and in other British possessions.

When the Act is applied as respects any British possession, any judgment recovered in that possession may, on production of such certificate of the judgment as is herein- after mentioned, be registered in a superior court in the United Kingdom, and be enforced as if it were a judgment of that court recovered on the day of such registration, and the court shall have the same power as respects the judgment as it has over its own judgments.

Execution not to issue until the court is satisfied by affidavit that the judgment has not been fully satisfied.

The certificate of the judgment is to be given in accordance with the provisions of the Colonial Act (which will be set out in the Order in Council), but the certificate must state that the judgment has been recovered, and can be executed in the British posses-

No. 10.

ENFORCEMENT OF COLONIAL JUDGMENTS.

NOTE by the PARLIAMENTARY COUNSEL.

The following questions require consideration with reference to the proposed heads of

Bill:

(1.) A judgment may affect third parties; for example, a colonial court may make an order relating to transfer of consols or shares in an English company, and the Bank of England or the company ought to be allowed to show that such transfer is inconsistent with the law relating to consols or to the company.

court.

Or again, in an administration suit, an order may be made by a colonial court for the payment of part of the estate to A.B., whereas according to English law C.D. may be entitled to that part of the estate, and C.D. may not have been heard in the colonial

Or again, in the case of the sale of a ship registered in England, been made by a colonial court to sell the ship in order to satisfy colonial claims, and on an order may have executing that judgment in England there may prove to be a mortgagee of the ship who had no opportunity of being heard in the Colony.

It may perhaps be assumed that the third party in the above cases and in all other cases which require to be dealt with would be entitled, in the place where the action is brought, to have appeared and applied for a modification of the judgment. It is suggested, therefore, that the above point may be met by making it clear that a third

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