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In witness whereof their Excellencies the Minister for Foreign Affairs and the Minister Plenipotentiary of Peru, have sealed and signed, in duplicate, the present Agreement.

(L.S.) ELIODORO VILLAZON.

(L.S.) AMADOR F. DEL SOLAR.

IMPERIAL GERMAN DECREE, relative to the Declaration of a Protectorate over the Samoa Islands west of 171° W.Hubertusstock, February 17, 1900.

(Translation.)

WE, William, by the grace of God German Emperor, King of Prussia, &c., make known as follows:

Whereas the United States of America and Great Britain have renounced their rights to the islands of the Samoa group, west of 171° west of Greenwich, in favour of Germany. We hereby, in the name of the Empire, take these islands under our Imperial protection.

Given, &c.

Castle of Hubertusstock, the 17th February, 1900. COUNT VON BÜLOW.

WILLIAM.

NOTIFICATION by the German Government, relative to the Transfer to the Possession of Germany of the Islands of the Samoan Group west of 171° west of Greenwich, and the Publication of the Imperial Decree of February 17, 1900,* by which those Islands were taken under the Protection of the Emperor.-Berlin, March 26, 1900.

(Translation.)

THE islands of the Samoa group, situated to the west of 171° west of Greenwich, were transferred to the possession of Germany on the 1st March, 1900. The preceding Imperial Decree of the 17th February, 1900,* by which those islands were taken under the protection of the Emperor, was at the same time published there. (For the Imperial Chancellor),

(L.S.) COUNT VON BÜLOW.

*On this

GERMAN ORDINANCE relative to the Administration of Justice in Samoa.—Hubertusstock, February 17, 1900.

(Translation.)

WE, William, by the grace of God German Emperor, King of Prussia, &c., order as follows, in the name of the Empire, on the basis of the Law relative to the administration of justice in the German Protectorates (March 19, 1888):

§ 1. The Law regarding Consular jurisdiction of the 10th July, 1879,* will, in accordance with § 2 of the Law relative to the administration of justice in the German Protectorates, be applied in the Protectorate of Samoa with the following modifications:

§ 2. All persons are subject to the jurisdiction (§ 1) who are resident in the Protectorate, permanently or temporarily, or who, irrespective of residence, possess a legal status within the territory of the Protectorate, according to the laws in force; but natives are subject to the jurisdiction only if specially placed under it.

The Governor will decide, with the approval of the Imperial Chancellor (Foreign Office, Colonial Department), what persons are to be considered as natives for the purposes of the present Order, and to what extent natives are to be placed under the jurisdiction (§ 1).

§ 3. The provisions in regard to real property, including mines, applicable in accordance with § 2 of the Law relative to the administration of justice in the German Protectorates, will not be enforced. The Imperial Chancellor (Foreign Office, Colonial Department), and, with his approval, the Governor, are for the present authorized to issue the necessary Regulations in regard to these matters.

§ 4. In criminal cases the trial will take place without Assessors when the decision as to sending the case for trial concerns an act within the competence of Magistrate's Courts, or constituting an offence named in $$ 74 and 75 of the Law relating to the Constitution of Courts.

§ 5. Jurisdiction in matters within the competence of Jury Courts is assigned to the Court of First Instance at Apia. In regard to these matters, the Regulations are applicable which are in force for the offences specified in § 28 of the Law relative to Consular jurisdiction.

§ 6. A Court of Second Instance will be established at Apia as a Court of Appeal for the Protectorate in place o the Imperial Court (Law relative to Consular jurisdiction, $$ 18, 36, 43). The Court will consist of the official empowered to exercise jurisdiction of Second Instance, as President, and four Assessors.

Vol. LXXI, page 1301.

The provisions of § 6, paragraph 2, §§ 7, 8,-10 of the Law relative to Consular jurisdiction, will be applicable to the Assessors and clerk.

The Rules for the procedure of First Instance will apply to the procedure in appeal cases, in so far as the latter is not governed by special Rules. Sections 9 and 28 of the Law relative to Consular jurisdiction will not be applied.

In civil cases, bankruptcy cases, and non-contentious matters, decisions in regard to allowing appeal will be taken with Assessors, if the decision impugned was taken with Assessors.

In the criminal cases referred to in § 5 the prisoner must be defended by counsel in the appeal proceedings also. His counsel must be present at the principal hearing. Section 145 of the Code of Criminal Procedure applies.

§ 7. Death sentences will be carried out by shooting or hanging The Governor will decide in each case which mode of execution is to be adopted.

§ 8. Simpler Rules may be made for the service of documents, for exccutions on property, and for the arrangements in regard to costs.

The Imperial Chancellor (Foreign Office, Colonial Department), and, with his approval, the Governor, are authorized to take the necessary steps in the matter.

§ 9. The Law of the 4th May, 1870,* relative to marriages and the registration of the civil status of persons belonging to the Empire abroad, is applicable in the Protectorate to all persons who are not natives (§ 2, part 2).

$10. This Ordinance comes into force on the day on which it is published in the Protectorate.

Given, &c.

Castle of Hubertusstock, February 17, 1900. COUNT VON BÜLOW.

WILLIAM.

NOTIFICATION by the German Government, relative to the Publication in the Protectorate of Samoa of the Imperial Order of February 17, 1900,† regarding the Administration of Justice in Samoa.-Berlin, March 26, 1900.

(Translation.)

THE preceding Imperial Order relative to the administration of justice in Samoa, dated the 17th February, 1900, was published in the Samoa Protectorate on the 1st March, 1900.

Berlin, March 26, 1900.

* Vol. LXXVII, page 1175.

(For the Imperial Chancellor),
(L.S.) COUNT VON BÜLOW

+ Page 793.

PROTOCOL containing the Decisions of the Commissioners appointed to delimit the Nyasa-Tanganyika Boundary.Signed at Ikawa, November 11, 1898.

THE Undersigned having been appointed Commissioners to delimit the frontier between British and German territory from Lake Nyasa to Lake Tanganyika, as laid down in the Agreement of the 1st July, 1890,* have accordingly surveyed the zone of the boundary, and have come to the following agreement :

1. Since by the Agreement of the 1st July, 1890, the boundary largely depends on the position of two meridians, we decided to carry out a triangulation along the boundary; the triangulation is based on the position of a point on the south shore of Kambwe Lagoon; we agree that the geographical position of this point is latitude 9° 53' 57", longitude 33° 56' 5".

2. For the purpose of discussing boundary matters, we further agree upon the geographical positions of the points in the following list. These points are either on the boundary, or very near it :—

Place.

Values agreed upon.

Latitude.

Longitude.

Remarks.

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3. We agree that the boundary shall run as follows:

Starting from the mouth of the River Songwe at Lake Nyasa, it ascends that river until its junction with the Katendo stream in the

* Vol. LXXXII, page 35.

pillars at Nkata Telegraph Camp and at Kambwe Lagoon, and the two base pillars near the mouth of the River Songwe.

9. Should it be necessary to rebuild or repair any boundary-pillar, the Local Governments concerned will each send a Representative for the purpose.

If in the future it is considered necessary to define the boundary more rigidly, one Representative from each Government concerned shall be sent to build intermediate pillars; the positions of such pillars shall be based on the boundary-line as shown on the maps of this Commission.

10. We suggest that from this date the Local Governments shall point out to the inhabitants of the boundary zone the position and meaning of the boundary-line.

11. Between this date and the date of the arrival of the ratification of the boundary-line in this country, the Local Governments will not oppose any obstacle to the movements of any natives who wish to cross the boundary from one side to settle on the other side.

Signed at Ikawa, this 11th day of November, 1898.

C. F. CLOSE, Captain, R.E., British
Commissioner.

HERRMANN, German Commissioner.

RAPPORT sur les Travaux du Bureau International Maritime de Zanzibar pendant l'année 1899.-Zanzibar, le 20 Janvier, 1900.

SELON les prescriptions de l'Article 3 de son règlement, le Bureau International Maritime a tenu ses séances ordinaires pendant l'année 1899, présidées par M. Pestalozza, Consul-Général d'Italie, élu pour cette période, et, en son absence, par M. Paul Taillet, Consul de France, Vice-Président.

MM. R. Laronce et J. Mannoni ont rempli les fonctions de Secrétaire le premier comme titulaire, le second comme intérimaire. Aucune modification n'a été apportée dans la représentation des cinq Puissances ayant nommé leurs Délégués à ce Bureau. L'examen des documents et renseignements de nature à faciliter la répression de la Traite dans la zone maritime, ainsi que les communications diverses spécifiées à l'Article XLI de l'Acte de Bruxelles, ont fourni, comme les années précédentes, l'objet principal des travaux.

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