need not be resorted to, if you find the Ship is fitted out, and armed for the purpose of being "employed in the service of any Foreign State or People, or part of any Province or people."

Upon that, the observation of the learned Judge was this:-"We have no evidence of the object of the insurrection, who are the Leaders, what portion of Cuba they have possession of, in what manner this insurrection is controlled or supported, or in what manner they govern themselves. How, therefore, can I say that they are assuming the powers of Government in or over any part of the Island of Cuba?"

Now, it appears to their Lordships, that the error into which the learned Judge below fell, was in confining his attention to what I have termed the second alternative of this part of the section, and in disregarding the first part of the alternative. It may be (it is not necessary to decide whether it is so or not) that you could not state who were the person or persons, or that there were any person or persons, exercising, or assuming to exercise, powers of Government in Cuba, in opposition to the Spanish authorities. That may be so: their Lordships express no opinion upon that subject, but they will assume that there might be a difficulty in bringing the case within that second alternative of the section; but their Lordships are clearly of opinion, that there is no difficulty in bringing the case under the first alternative of the section, because their Lordships find these propositions established beyond all doubt,there was an insurrection in the Island of Cuba; there were Insurgents who had formed themselves into a body of people acting together, undertaking and conNEW SERIES.-VOL. VI., PART III]

P P

1870.

REG.

V.

CARLIN.

The "Salvador."

1870.

REG.

V.

ducting hostilities; these Insurgents, beyond all doubt, formed part of the Province or People of Cuba; and beyond all doubt the Ship in question was to be employed, and was employed, in connection with, and in "Salvador." the service of, this body of Insurgents.

CARLIN.

The

Those propositions being established, as their Lordships think they clearly are established, both by the evidence of Dumaresq and Butler, to which I have already referred, and, further, by the evidence of the three witnesses, Loinaz, Wells, and Mama, their Lordships think that the requisitions of the seventh section in this respect are entirely fulfilled, and that the case is made out under this head, as it is upon all other heads of the section.

Their Lordships, therefore, will humbly recommend to Her Majesty that the decision of the ViceAdmiralty Court should be reversed, and that judgment should be pronounced for the Crown, according to the prayer of the information.

It has been intimated to their Lordships, that on the 7th of February last, there was a decree by their Lordships for the appraisement and sale of the Vessel. She has been sold, and the net proceeds, £163. 4s. 8d., paid into Her Majesty's Commissariat chest in the Bahamas. The Colonial Government, it appears, have incurred expenses to the amount of £145. 5s. 10d. in keeping the Vessel while she was under arrest, and they claim to be reimbursed those expenses out of the proceeds of the sale. That, of course, will be proper, and if it is necessary to make that part of this Order, it will be done.

APPENDIX.

ORDER IN COUNCIL FOR THE ESTABLISHMENT OF CERTAIN RULES TO BE OBSERVED BY PROCTORS, SOLICITORS, AGENTS, AND OTHER PERSONS ADMITTED TO PRACTISE BEFORE HER MAJESTY'S MOST HONOURABLE PRIVY COUNCIL.

At the Court at Windsor, the 31st day of March, 1870.

Present: The Queen's Most Excellent Majesty in Council.

WHEREAS there was this day read at the Board a representation from the Lords of the Judicial Committee of the Privy Council, dated the 26th day of March instant, humbly recommending to Her Majesty in Council, that certain Rules be established by the authority of Her Majesty, by and with the advice of Her Privy Council, to be observed by all Proctors, Solicitors, Attornies, Agents, or other Persons employed in the conduct of appeals, petitions, or other matters pending before Her Majesty in Council, Her Majesty having taken the said representation into consideration, and the schedule of Rules hereunto annexed, was pleased, by and with the advice of Her Privy Council, to approve thereof, and to order, and it is hereby ordered, that the same be punctually observed, obeyed, and carried into execution.

ARTHUR HELPS.

SCHEDULE ANNEXED TO THE FOREGOING ORDER.

I. Every Proctor, Solicitor, or Agent admitted to practise before Her Majesty's Most Honourable Privy Council, or any of the Committees thereof, shall subscribe a declaration to be enrolled in the Privy Council Office, engaging to observe and obey the Rules, Regulations, Orders, and practice of the Privy Council; and also to pay and discharge, from time to time, when the same shall be demanded, all fees or charges due and payable upon any matter pending before Her Majesty in Council; and no person shall be admitted to practise, or allowed to continue to practise, before the Privy Council, without having subscribed such declaration in the following terms:

FORM OF DECLARATION.

WE, the undersigned, do hereby declare, that we desire and intend to practise as Solicitors or Agents in appeals and other matters pending before Her Majesty in Council; and we severally and respectively do hereby engage to observe, submit to, perform, and abide by all and every the Orders, Rules, Regulations, and practice of Her Majesty's Most Honourable Privy Council and the Committees thereof now in force, or hereafter from time to time to be made; and also to pay and discharge, from time to time, when the same shall be demanded, all fees, charges, and sums of money due and payable in respect of any appeal, petition, or other matter in and upon which we shall severally and respectively appear as such Solicitors or Agents.

II. Every Proctor, Solicitor, or Attorney practising in London, and duly admitted in any of the Courts of Westminster, shall be allowed to subscribe the foregoing declaration, and to practise in the Privy Council, upon the production of his Certificate for the current year; and no fee shall be payable by him on the enrolment of his signature to the foregoing declaration.

III. Persons not being certificated London Solicitors, but having been duly admitted to practise as Solicitors by the High Courts of Judicature in India or in the Colonies respectively, may apply, by petition, to the Lords of the Judicial Committee of the Privy Council for leave to be admitted to practise in the Privy Council; and such persons, if admitted to practise by an Order of their Lordships, shall pay annually, on the 15th November, a fee of five Guineas to the Fee Fund of the Council Office.

IV. Any Proctor, Solicitor, Agent, or other person practising before the Privy Council, who shall wilfully act in violation of the Rules and practice of the Privy Council, or of any Rules prescribed by the authority of Her Majesty, or of the Lords of the Council, or who shall wilfully misconduct himself in prosecuting proceedings before the Privy Council, or any Committee thereof, or who shall refuse or omit to pay the Council Office fees or charges payable from him when demanded, shall be liable to an absolute or temporary prohibition to practise before the Privy Council, by the authority of the Lords of the Judicial Committee of the Privy Council, upon cause shown at their Lordships' Bar.