And whereas the following Orders in Council have been made under the powers by "The Pacific Islanders' Protection Act, 1875,"* or otherwise in Her Majesty vested, that is to say : The Western Pacific Orders in Council of 1877† and 1879;‡ The Western Pacific Order in Council of 1880;§ And whereas it is expedient to amend and consolidate the said Orders in Council, and to make further provision for the purposes in the recited Acts mentioned: Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf, by "The British Settlements Act, 1887," the Pacific Islanders Protection Acts, and "The Foreign Jurisdiction Act, 1890," or otherwise, in Her Majesty vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:: 1. This Order may be cited as "The Pacific Order in Council, 1893." 2. This Order is divided into Parts as follows: 3. In this Order, unless the subject or context otherwise requires, "Secretary of State" means one of Her Majesty's Principal Secretaries of State; *Vol. LXVI, page 234. Vol. LXX, page 277. † Vol. LXVIII, page 325. § Vol. LXXI, page 294. "Supreme Court" means the Supreme Court of Fiji; "Chief Justice" means the Chief Justice for the time being of e Supreme Court of Fiji; "Resident" means having a fixed place of abode in one of the lands or places to which this Order applies; "Native" means any person not being a British subject or a reigner; "Treaty" includes Convention and Agreement in the nature of Treaty or Convention, and every other engagement or instrument f a political character, together with every instrument annexed ereto or agreed to in pursuance thereof; "Crime" or 99 "offence includes any crime or offence, and any et punishable criminally, in a summary way or otherwise; "Prosecutor" means complainant or any person appointed or llowed by a Court to prosecute; "Month" means calendar month; "Pound" means pound sterling: "Will" means will, codicil, or other testamentary instrument; “Office copy” means a copy, either made under direction of a Court, or produced to the proper officer of a Court, for examination with the original, and examined by him therewith, and in either case ealed with the seal of the Court as evidence of correctness; "Oath and affidavit," and words referring thereto, or to swearing, nay be construed to include affirmation and declaration, and to refer hereto, or to the making of an affirmation or declaration, where an Affirmation or declaration is admissible in lieu of an oath or affidavit ; "Proved" means shown by evidence on oath, in the form of affidavit, or other form, to the satisfaction of a Court, or of the member or officer thereof acting or having jurisdiction in the matter; "Proof" means the evidence adduced in that behalf; "Person" includes Corporation; "Vessel" includes a ship or boat; · The plural includes the singular, and the singular the plural, and the masculine the feminine; "Prescribed" means prescribed or directed by a Secretary of State, or prescribed or directed by any Court authority or person having power in relation to the matter in respect of which the expression is used, or prescribed or directed by any Rules or Regulations made under this Order. 4. The limits of this Order shall be the Pacific Ocean, and the islands and places therein, including (a.) Islands and places which are for the time being British Settlements; (b.) Islands and places which are for the time being under the protection of Her Majesty ; (c.) Islands and places which are for the time being under no civilized Government. But exclusive (except as in this Order expressly provided in relation to any particular matter) of (1.) Any place within any part of Her Majesty's dominions, or the territorial waters thereof, which is for the time being within the jurisdiction of the Legislature of any British possession: (2.) Any place for the time being within the jurisdiction or Protectorate of any civilized Power. 5. In islands and places which are not British Settlements, under the protection of Her Majesty, jurisdiction under this Order shall be exercised (except only as in this Order otherwise expressiy provided) only over Her Majesty's subjects, and any foreigners or natives, in so far as by reason of being, or having been, on board a British ship or otherwise, they have come under a duty of allegiance to Her Majesty, and their property and personal and proprietary rights and obligations. 6. Until otherwise directed by a Secretary of State as hereinafter provided, jurisdiction under this Order shall be exercised only in relation to the following parts of the limits of this Order, that 1 to say (1.) The groups of islands, with the dependencies and territoria waters thereof, known as- The Friendly Islands; The Navigators Islands; The Ellice Islands; The Gilbert Islands; The Solomon Islands, so far as they are not within the jurisdic tion of the German Empire; The Santa Cruz Islands. (2.) Any seas, islands, and places which are not excluded by the 4th Article of this Order, and are situate in the Western Pacis Ocean, that is to say, within the following limits: North, from 140° east longitude by the parallei 12° north latitude to 160° west longitude, thence south to the Equator, and thence east to 149° 30' west longitude; East, by the meridian of 149° 30' west longitude; South, by the parallel 30° south latitude; West, by the meridian 140° east longitude. Provided that the Secretary of State from time to time, by any instructions given to the High Commissioner, and published as the cretary of State thinks fit, may direct that jurisdiction under this der may be exercised in relation to any parts of the limits of this der not herein specified, or that any part of the limits of this der shall, until otherwise directed, be excepted from the applican of this Order. Provided also that, in relation to the Navigators Islands, this der is subject to the provisions of the Final Act of the Conence on the Affairs of Samoa, signed at Berlin, the 14th June, 89.* PART II.-CONSTITUTION OF COURTS AND HIGH COMMISSION. 7.-(1.) The office of High Commissioner created and constituted the recited Orders in Council shall continue, and the High mmissioner shall continue to be styled Her Britannic Majesty's gh Commissioner for the Western Pacific, and shall have an icial seal as heretofore. (2.) The High Commissioner shall be appointed by commission ider the sign-manual. He may be suspended by the Secretary of ate by writing under his hand. (3.) During a vacancy in the office of the High Commissioner, or ring suspension of the High Commissioner, or in case of his capacity by reason of illness or otherwise, all the powers of the igh Commissioner shall be vested in such person as Her Majesty points under her sign-manual, or, failing any such appointment, en in the person for the time being discharging the functions of hief Justice of Fiji. (4.) Subject to the provisions of this Order as to the places at hich Courts are to be held, and subject to any direction by the ecretary of State, the High Commissioner may exercise any of his owers, including his powers for making orders of prohibition and emoval, although at the time of exercising them he is not within the imits of this Order. (5.) Her Majesty may from time to time appoint by commission ander the sign-manual any person to be Her Majesty's Special Commissioner for the Western Pacific. Subject to any restrictions contained in his commission, a Special Commissioner shall have and exercise during Her Majesty's pleasure the powers and jurisdiction. of the High Commissioner within such part of the limits of this Order as is specified in his commission. The appointment of a Special Commissioner shall not limit or affect any power or jurisdiction of the High Commissioner. (6.) Subject to any restrictions contained in his commission, or prescribed from time to time by the Secretary of State, the High Commissioner may from time to time, by writing under his hand and * Vol. LXXXI, page 1058. seal, appoint a Judicial Commissioner or a Deputy Commissioner to represent him in the exercise of any of his powers, or during his absence from the limits of this Order or from Fiji, with or without any limitations or conditions, and the Commissioner so appointed shall, for the purposes for which he is appointed, have and exercise the powers of the High Commissioner, and shall be styled Assistant High Commissioner. Any such appointment may be revoked by the High Commissioner by writing under his hand and seal. The appointment of an Assistant High Commissioner shall not limit or affect any power or jurisdiction of the High Commissioner. An Assistant High Commissioner shall not exercise any of his powers except within the limits of this Order or in Fiji. 8.-(1.) The Chief Justice, and every other Judge for the time being of the Supreme Court, shall be, by virtue of his office, a Judicial Commissioner for the Western Pacific for the purposes of this Order, and is in this Order referred to as a Judicial Commissioner. (2.) Where, in the opinion of the High Commissioner, the attendance of a Judicial Commissioner holding office as aforesaid is inpracticable, or would be inconvenient, the High Commissioner my from time to time, in the name and on behalf of Her Majesty, br writing under his hand and seal, appoint a person of legal knowledge and experience to be a Judicial Commissioner for particular purposes or for a particular time. (3.) Every Judicial Commissioner shall, for the purposes of so much of section 6 of the Pacific Islanders Protection Act of 1875 28 relates to Deputy Commissioners, be deemed to be, and shall by virtue of this Order be, a Deputy Commissioner duly appointed an empowered under the provisions of this Order, and acting under the directions of the High Commissioner. (4.) A Judicial Commissioner shall not be deemed to be a Deputy Commissioner within any other Article of this Order unless "it be in any Article expressly provided that for the purposes of that Article a Judicial Commissioner shall be deemed to be a Deputy Commissioner. 9.-(1.) There shall be such number of deputies of the High Commissioner, each of whom shall be styled one of Her Majesty's Deputy Commissioners for the Western Pacific, as a Secretary State from time to time directs. (2.) Every Deputy Commissioner shall be appointed in the naze and on behalf of Her Majesty by the High Commissioner, by writing under his hand and seal. (3.) Where, in the opinion of the High Commissioner, tre attendance of a Deputy Commissioner appointed as aforesaid is impracticable, or would be inconvenient, the High Commissioner |