prima facie evidence of such marriage at the date set forth in the certificate.

129. If any minister

(a.) Celebrates a marriage knowing that he is not duly regis tered;

(b.) Fails to transmit to the High Commissioner the certificate of any marriage celebrated by him;

He shall be deemed guilty of an offence against this Order.

Registration of Births, Marriages, and Deaths.

130. The High Commissioner shall keep books for the registry therein of births, marriages, and deaths of British subjects occurring within the limits of this Order, and shall, as soon as possible after being informed of any such birth, marriage, or death, enter the same respectively in the books in such manner as, subject to any direction of a Secretary of State, he may think convenient.

In the case of a death the High Commissioner shall, if possible, also enter the date and place of burial.

131. A copy of the entry of any birth, marriage, or death signed by the High Commissioner shall be received in all Courts of Law as prima facie evidence of the fact of such birth, marriage, or death. But no registry of any death shall be received as evidence of the fact of such death unless the burial of the person named be also registered.

132. Every person, on payment of the fees hereunder mentioned, and on stating in writing the particular entry which he desires to find, shall be entitled, at reasonable hours to be fixed by the High Commissioner, to search the books for such entry, and to have a copy of such entry certified by the High Commissioner. 133. Every search (to be paid beforehand), 58.

Every certified copy of auy entry, 2s. 6d.

134. In every case of the birth of any child of a British subject within the limits of this Order, one of the parents shall, within sixty days thereafter, and in every case of the death of any British subject within the said limits the occupier of the house or place where the death occurred, shall, within thirty days thereafter, transmit to the High Commissioner a statement of the fact and date of such birth or death; giving also in the case of a birth the names, and, as far as possible, particulars of the name, age, and birthplace of each parent, and the name of the child; and in the case of a death the name, age, and parentage (if known) of the deceased, stating also, as far as known, whether the deceased was married, and to whom, and at what place, together with the names and ages of any children left by the deceased.

The statement of a death must also include the date and place of burial of the deceased, verified if possible by the signatures of two witnesses present at the burial.

135. Upon the discovery of any error in the form or substance of any such entry, the High Commissioner shall correct the error by making and signing a new entry in the margin without altering the original entry, adding the date of the correction, and every certified copy of such entry shall show the original entry and the correction. 136. If any person―

(a.) Refuses or neglects to give any notice or information required by this part of this Order;

(b.) Wilfully makes or causes to be made for the purpose of being inserted in any register under this Part of this Order any false statement touching any of the particulars hereby required to be registered;

He shall be deemed guilty of an offence against this Order.

PART XVI.-OFFICIAL.

137. Except as in this Order expressly provided, nothing in this Order shall preclude any of Her Majesty's officers from performing any act, not of a judicial character, which Her Majesty's officers might by law or by virtue of usage or sufferance, or otherwise, have performed if this Order had not been made.

138. Whenever an Acting Commissioner or deputy has commenced the hearing of any cause or matter, civil or criminal, he may, unless the High Commissioner otherwise directs, continue and complete the hearing and determination thereof, notwithstanding that his authority to act has otherwise ceased by reason of the expiration of the time for which he was appointed to act, or by reason of the happening of any event by which his authority is determined.

139. Any suit or proceeding shall not be commenced in any of Her Majesty's Courts against any person for anything done or omitted in pursuance or execution or intended execution of this Order, or of any regulation or rule made under it, unless notice in writing is given by the intending plaintiff or prosecutor to the intended defendant one clear mouth before the commencement of the suit or proceeding, nor unless it is commenced within three months next after the act or omission complained of, or in case of a continuation of damage within three months next after the doing of such damage has ceased.

The plaintiff in any such suit shall not succeed if tender of sufficient amends is made by the defendant before the commencement thereof; and if no tender is made the defendant may, by leave of

the Court at any time, pay into Court such sum of money as he thinks fit, whereupon such proceeding and order shall be had and made in and by the Court as may be had and made on the payment of money into Court in an ordinary suit.

PART XVII.-FEES AND EXPENSES.

140. All fees, fines, forfeitures, confiscations, and pecuniary penalties, and all commissions levied or received under this Order. shall be accounted for, paid, and applied as a Secretary of State, with the concurrence of the Commissioners of Her Majesty's Treasury, from time to time directs.

Subject to the other provisions of this Order, all expenses of removal of prisoners and others, and the expenses of deportation, shall be defrayed in such manner as a Secretary of State, with the concurrence of the Commissioners of Her Majesty's Treasury, from time to time directs.

PART XVIII.-SUPPLEMENTAL.

141. Where, by virtue of any Imperial Act, or of this Order or otherwise, any provisions of any Imperial Acts, or of any Law, or of any Orders in Council, other than this Order, are applicable within the limits of this Order, or any form, regulation, or procedure prescribed or established under any such Act or Law, are, or is, so applicable, the same shall be deemed applicable so far only as the constitution and jurisdiction of the Courts acting under this Order and the local circumstances permit, and for the purpose of facilitating application may be construed or used with such alterations and adaptations as may be necessary, and anything required to be done by or to any Court, Judge, officer, or authority, may be done by or to a Court, Judge, officer, or authority having the like or analogous functions, or by any officer designated by a Secretary of State, or by the Court (as the case may require) for that purpose, and the seal of the Court may be substituted for any other seal; and in case any difficulty occurs in the application it shall be lawful for a Secretary of State to direct by, and to whom, and in what manner, anything is to be done, and such Act, Law, Order, Form. Regulation, or procedure shall be construed accordingly.

142. Sums of money, fines, forfeitures, penalties, or fees payable under this Order shall be calculated and paid in English money, or with the consent of the Court, in its equivalent in local currency or produce, or bills of exchange approved by the Court.

PART XIX. COMMENCEMENT, PUBLICATION, REPEALS, AND
TEMPORARY PROVISIONS.

143. From the commencement of this Order the recited Orders in Council shall be repealed, but this repeal shall not affect the past operation of those Orders, or any existing right, title, obligation, or liability, or the validity of any rules or regulations, or general orders or directions of a Secretary of State or High Commissioner made, given, or confirmed under those Orders, or revive anything thereby repealed, or affect the existence of any office or Court created by those Orders and continued by this Order, and any such rules, regulations, general orders, or directions in force at the commencement of this Order shall continue in force and have effect mutatis mutandis, except so far as they are inconsistent with this Order, until they are revoked or are superseded by new rules, regulations, general orders, or directions under this Order.

Provided that anything done before the commencement of this Order, which would have been valid if this Order had been in force, shall for all purposes be of the same validity as if it had been done within the Western Pacific Islands, as defined by the recited Orders in Council.

144. Nothing in this Order, or in any rules made under it, shall apply to, or in any manner affect, any suit or proceeding, either of a civil or of a criminal nature, pending at the commencement of this Order, either with reference to the original proceedings therein or with reference to any appeal therein, or otherwise, subject, nevertheless, as follows::

In any suit or proceeding, whether of a civil or of a criminal nature, the Court before which the same is pending at the commencement of this Order, after hearing the parties, or of its own motion, or on the application of either party, or by consent, may, if it sees fit, from time to time direct that the procedure and practice prescribed by this Order or by any rule made under it be followed in any respect.

145. This Order shall commence and have effect as follows:(1.) As to the making of any warrant or appointment under this Order, immediately from and after the date of this Order.

(2.) As to the framing of rules of procedure or regulations and the approval thereof by one of Her Majesty's Principal Secretaries of State, immediately from and after the date of this Order.

(3.) As to the repeal of former Orders, and as to all other matters and provisions comprised and contained in this Order, immediately from and after the expiration of one month after this Order is first exhibited in the public office of the High Commis

sioner; for which purpose he is hereby required forthwith, on receipt by him of a copy of this Order, to affix and exhibit the same conspicuously in his public office, and he is also hereby required to keep the same so affixed and exhibited during one month from the first exhibition thereof; and, notwithstanding anything in this Order, the time of the expiration of the said month shall be deemed to be the time of the commencement of this Order.

(4.) Proof shall not in any proceeding or matter be required that the provisions of this Article have been complied with, either with respect to the publication of this Order or with respect to the publication of Queen's Regulations, nor shall any act or proceeding be invalidated by any failure to comply with any of such provisions.

146. A copy of this Order shall be kept exhibited conspicuously in each place where any Court sits under the provisions of this Order.

Printed copies shall be provided and sold at such reasonable price as the High Commissioner may fix.

And the Most Honourable the Marquess of Ripon and the Right Honourable the Earl of Rosebery, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Treasury and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain. C. L. PEEL.

SCHEDULE referred to in foregoing Order in Council. Rules and Regulations for Procedure in Civil and Criminal Caseɛ. (Under Part X of "The Pacific Order in Council, 1893.)

[Expressions in these Rules and Regulations have the same meanings as in "The Pacific Order in Council, 1893."]

PART (A).-GENERAL.

Application of Part (A).

THE provisions in Part (A) apply to all proceedings, civil and criminal.

Attendance of Witnesses.

1.—(1.) In any proceeding, and at any stage thereof, the Court may summon a person subject to the jurisdiction of the Court to attend to give evidence or to produce documents. (Form (A) 2.)