ship pending the carrying into effect of the order of banish

ment.

5. If any person ordered to be banished has become naturalized in the Colony, the order of banishment shall declare that the certificate of naturalization of such person is cancelled, but so that such cancellation shall be subject to confirmation or disallowance by Her Majesty through one of Her Majesty's Principal Secretaries of State, and such confirmation or disallowance shall be published in the "Government Gazette."

6. Every order of banishment issued under this Ordinance shall be forthwith reported to Her Majesty's Principal Secretary of State for the Colonies.

7. If any question shall arise in any proceeding whether any person is or is not a natural born subject of Her Majesty, the onus of proving that such person is a natural born subject of Her Majesty shall lie upon such person.

8.-(1.) If a person banished under this Ordinance shall be found within the Colony at any time before the expiration of the period of banishment, the order for his banishment not having been cancelled, he may be arrested by any Peace Officer without a warrant and brought before a magistrate to be dealt with according to law.

(2.) Every such person may either be forthwith removed from the Colony by order of the Governor, or be proceeded against under Section 226 of the Penal Code, as to the Governor shall seem most expedient.

9.-(1.) No suit or proceeding shall be maintained against any person acting in pursuance or execution of this Ordinance, unless the same be commenced within three months next after the act complained of has been committed.

(2.) The provisions of Sections 43 to 49 of "The Police Force Ordinance, 1872," both numbers inclusive, shall be applicable to every such suit and proceeding as in this section is referred to in the same manner as though the said sections were herein set forth.

10. And whereas a doubt has arisen as to the meaning of the expression "Chief Police Officer," in Section 15 of "The Preservation of the Peace Ordinance, 1872," as amended by Ordinance V of 1877, and it is expedient that such doubt should be set at rest, it is hereby declared that the said expression had the same meaning as is assigned thereto by Section 3 of "The Police Force Ordinance, 1872."

Passed this 1st day of March, 1888.

A. P. TALBOT, Clerk of Councils.

See Vol. 17. Page 1216.

Ordinance V of 1877* The Preservation of the Peace The whole.
Ordinance Amendment.
Ditto..

Ordinance VI of 1885

The whole.

BRITISH LETTERS PATENT, appointing the Governor of the Straits Settlements to be Governor of Christmas Island, in the Indian Ocean, and authorizing the Annexation of that Island to the Straits Settlements. Westminster, January, 8, 1889.†

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, Empress of India To all to whom these presents shall come, greeting.

WHEREAS Christmas Island, situated in the Indian Ocean in about latitude 10° 30" south, and longitude 105° 40′′ east, is now part of our dominions:

And whereas we are minded to make provision for the government of Christmas Island:

Now know ye that we do by these presents constitute and appoint the Governor and Commander-in-Chief for the time being of our Straits Settlements and their Dependencies (hereinafter called the Settlements) to be the Governor of Christmas Island: and we do hereby vest in him all the powers and authorities which by these presents are given and granted to the Governor for the time being of Christmas Island.

2. We do hereby further declare our pleasure to be that, in the event of the death or incapacity of our said Governor and Commander-in-Chief for the Settlements, or in the event of his absenting himself from the Settlements otherwise than for the purpose of visiting Christmas Island or the Cocos Islands, then and in either of these cases the officer for the time being who may be administering the government of the Settlements shall be, and he is hereby constituted and appointed, Governor for the time being of the said Island.

3. We do hereby further authorize and empower the Governor of Christmas Island to make all such rules and regu*See Vol. 17. Page 1216.

Notified in the "London Gazette" of January 11, 1889.

lations as may lawfully be made by our authority for the peace, order, and good government of the said Island, subject nevertheless to any instructions which may from time to time be hereafter given him under our sign manual and signet, or through one of our principal Secretaries of State.

4. We do further authorize and empower our said Governor to make and execute, in our name and on our behalf, under the Public Seal of the Settlements, grants and dispositions of any lands which may lawfully be granted or disposed of by us within Christmas Island, either in conformity with instructions under our sign manual and signet, or through one of our principal Secretaries of State, or in conformity with such regulations as are now in force, or as may be made by him in that behalf, with the advice of the Executive Council of the Settlements, and duly published in Christmas Island.

5. We do further declare our pleasure to be that, at any time hereafter the said Governor of Christmas Island shall have power to transfer the said Island to the Settlements at a date to be fixed by him, and that from and after the date of such transfer the said Island so transferred shall be deemed and taken to be and shall be annexed to and form part of the said Settlements.

6. We do hereby reserve to us, our heirs and successors, full power and authority from time to time to revoke, alter, or amend these our Letters Patent as to us or them shall seem meet.

7. And we do further direct and enjoin that these our Letters Patent shall be read and proclaimed at such place or places as our said Governor shall think fit within the Settlements and in Christmas Island.

In witness whereof we have caused these our Letters to be made Patent. Witness ourself at Westminster, the 8th day of January, in the 52nd year of our reign.

By warrant under the Queen's sign manual.

MUIR MACKENZIE.

BRITISH ORDER IN COUNCIL, respecting Extradition from the Straits Settlements to Foreign or Protected States to which the Extradition Act, 1870,* does not apply. Osborne, August19,1889.†

At the Court at Osborne House, Isle of Wight, the 19th day of August, 1889.

PRESENT, THE QUEEN'S MOST EXCELLENT MAJESTY. Lord President. Marquess of Salisbury. Sir Henry Ponsonby.

WHEREAS by Orders in Council dated respectively the 26th day of June, 1879,† the 31st day of December, 1883,§ and the 29th day of November, 1884,|| provision has been made for the surrender by the Governor of the Straits Settlements to foreign States, in the case of which the Extradition Act, 1870, does not apply, of persons accused or convicted of the commission of certain crimes and offences within the jurisdiction of such States.

And whereas it is expedient to consolidate and amend the said orders:

Now, therefore, it is hereby ordered by Her Majesty, by and with the advice of Her Privy Council, as follows:

1. In this Order in Council

"The Governor means the person for the time being administering the government of the Straits Settlements.

"The Colony" means the Straits Settlements.

"Protected States " means the States specified in the second schedule to this Order, and the confederation or group of States known as the Negri Sembilan shall be deemed for the purposes of this Order to be one State.

"Fugitive criminal" means any person accused or convicted of any crime committed either before or after the date of this Order, which, if committed in England or within English jurisdiction would be one of the crimes described in the first schedule to this Order, or of having counselled, procured, commanded, aided, or abetted the commission of, or of being accessory before the fact, to any such crime as aforesaid.

"Fugitive criminal of a State means a person accused or convicted of any such crime as aforesaid, or of having counselled, procured, commanded, aided or abetted the commission of, or of being accessory before the fact to any such crime as aforesaid, committed within the jurisdiction of that State. With reference to each of the protected States, "fugitive +"London Gazette," August 27, 1889. See Vol. 15. Page 1018.

* See Vol. 13. Page 1194.

See Vol. 14. Page 1241.

See Vol. 17.

Page 718.

criminal" and "fugitive criminal of a State" include any person accused or convicted of a breach of a contract of service to be performed within the jurisdiction of such State committed either before or after the date of this Order within the jurisdiction of such State which, if it had been committed in the Colony and the contract broken had been a contract to be performed in the Colony, would have been punishable under the law of the Colony with imprisonment, or with fine and with imprisonment in default of payment of such fine.

"Crime" includes any such breach of contract as aforesaid committed within the jurisdiction of any of the protected States. "Charge" includes "conviction."

"The crime charged" includes the crime of which the fugitive criminal is alleged to have been convicted.

"Conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term "accused includes a person convicted for contumacy.

The masculine includes the feminine.

2. For the purposes of this Order every Colony, Dependency, and constituent part of a foreign State shall be deemed to be within the jurisdiction of such foreign State.

3. If requisition be made to the Governor by any foreign State in the case of which the Extradition Act, 1870, does not for the time being apply, or by any person recognized by him as an authorized Minister or officer, Consul, or Vice-Consul of such State, or, in the case of any of the protected States, by any officer appointed by Her Majesty or by the Governor as British Resident or Superintendent or Secretary to the Government in such State, for the surrender of a fugitive criminal of such State who is or is suspected of being in any part of the Colony, the Governor may issue an order under his hand and seal to any magistrate or magistrates of the Colony directing him or them or any of them to inquire into the truth of the charge.

4. The Governor shall not be bound to comply with a requisition for the surrender of a fugitive criminal under this Order, but may at his absolute discretion either comply with any such requisition in accordance with the provisions of this Order with or without conditions, or refuse to comply therewith.

5. Every such order for inquiry shall signify that the requisition for surrender has been made, shall state the nature of the crime charged, the name or designation (if the name be not known) and any other description that may be thought necessary of the fugitive criminal, and shall require the magistrate or magistrates to whom it shall be directed, or any of them, to inquire into the truth of the charge and proceed in pursuance of this Order.

6. The order for inquiry shall be a sufficient proof of the