in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:1. This Order may be cited as The North-Eastern Rhodesia Order in Council, 1907."

2. The definition of the term Commissioner in the 3rd Article of "The North-Eastern Rhodesia Order in Council, 1900," is hereby repealed, and the following definition of the term Governor shall be inserted therein in place thereof :Governor means the Governor and Commander-in-Chief, or any other officer for the time being administering the government of the Nyasaland Protectorate.

66

66

3. Wherever in The North-Eastern Rhodesia Order in Council, 1900," or in any other Order in Council, or in any laws, proclamations, rules, or regulations relating to North-Eastern Rhodesia the term Commissioner is used, the term "Governor" shall be read in place thereof, and wherever in the said instruments the name British Central Africa the name "Nyasaland" shall be read in place thereof.

66

is used

4. This Order shall be published in the North-Eastern Rhodesia Government Gazette, and shall take effect as from the date of the coming into operation of "The Nyasaland Order in Council, 1907."

A. W. FITZROY.

BRITISH ORDER IN COUNCIL providing for the Exercise of His Majesty's Jurisdiction within the New Hebrides in accordance with the Convention of October 20, 1906, as amended by Notes of August 29, 1907.-London, November 2, 1907.*

At the Court at Buckingham Palace, the 2nd day of November,

WHEREAS by Treaty, grant, usage, sufferance, and other lawful means His Majesty has jurisdiction within the islands of the Pacific Ocean known as the New Hebrides, including the Banks Islands and Torres Islands:

And whereas under and by virtue of the Pacific Order in Council, 1893,† provision was made for the exercise of His Majesty's jurisdiction within the said islands:

"London Gazette," November 15, 1907. † Vol. LXXXV, page 1053.

And whereas by the Pacific Order in Council, 1907,* the said Order was amended in certain respects:

And whereas by a Convention made at London on the 20th day of October, 1906, by the Government of His Majesty the King and the Government of the French Republic it was, amongst other things, provided that the islands known as the New Hebrides, including the Banks and Torres Islands, should form a region of joint influence in which the subjects and citizens of Great Britain and France respectively should enjoy equal rights of residence, personal protection, and trade, each of the two said Powers retaining jurisdiction over its subjects and citizens, and neither exercising a separate control over the group, and that the subjects or citizens of other Powers should enjoy the same rights and should be subject to the same obligations as British subjects or French citizens:

66

And whereas it has been agreed by Notes exchanged on the 29th day of August, 1907, between the Government of His Majesty the King and the Government of the French Republic that the expression 'land suits as used in the said Convention † shall include suits with regard to mines, minerals, and everything under the surface of the soil, and that the words "after two written warnings addressed to the employer," occurring in subsection 4 of Article LI of the said Convention, shall be omitted. therefrom and shall cease to have effect, and that until the establishment of the Joint Court under the terms of the said Convention British subjects who shall infringe the provisions of the said Convention or of the regulations made by the High Commissioners thereunder shall be prosecuted in accordance with the provisions of Article XX of the said Convention and with the provisions heretofore in force:

And whereas it is expedient to provide for the exercise of His Majesty's jurisdiction within the said islands in accordance with the terms of the said Convention as amended by the said Notes of the 29th August, 1907:

Now, therefore, His Majesty, in virtue of the powers by the Foreign Jurisdiction Act, 1890, and all other powers thereto Him enabling by and with the advice of His Majesty's Privy Council is pleased to order, and it is hereby ordered, as follows:

1. The limits of this Order shall include all the islands of the Pacific Ocean known as the New Hebrides, and all the islands known as the Banks Islands and Torres Islands. The said islands are hereinafter referred to as the New Hebrides.

2. The Convention made the 20th day of October, 1906, between the Government of His Majesty the King and the Government of the French Republic as amended in accordance with the agreement to that effect herein before recited between the said Governments, shall have the force of law and shall be binding upon all "See Statutory Rules and Orders," 1907, page 202. † Article xxii and following Articles.

Vol. LXXXII, page 656.

persons within the said islands over whom His Majesty shall at any time have jurisdiction, and the provisions of this Order and of all laws and regulations made thereunder shall be read and construed subject to the terms of the said Convention in all respects.

3. His Majesty may appoint a High Commissioner for the New Hebrides. Appointments to the office of High Commissioner shall be made under the Royal Sign Manual and Signet. The High Commissioner shall hold office during His Majesty's pleasure.

Provided that until a High Commissioner is appointed the High Commissioner for the Western Pacific shall be the High Commissioner for the New Hebrides.

4. The High Commissioner may, on His Majesty's behalf, exercise all powers and jurisdiction which His Majesty at any time before or after the date of this Order had, or may have, within the New Hebrides, and to that end may take or cause to be taken all such measures, and may do or cause to be done all such matters, and things therein as are lawful and as in the interest of His Majesty's service he may think expedient, subject to such instructions as he may from time to time receive from His Majesty or through a Secretary of State.

5. Subject to the approval of a Secretary of State, the High Commissioner may appoint a Resident Commissioner and so many fit persons as, in the interest of His Majesty's Service, he may think necessary to be Deputy Commissioners, Residents, Assistant Residents, Judges, Magistrates or other officers, and may define from time to time the districts within which such officers shall respectively discharge their functions.

The Resident Commissioner and every other such officer shall hold office during His Majesty's pleasure, and may exercise such powers and authorities as the High Commissioner may, with the approval of a Secretary of State, assign to him, subject nevertheless to such directions and instructions as the High Commissioner may from time to time think fit to give him. The appointment of such officers shall not abridge, alter, or affect the right of the High Commissioner to execute and discharge all the powers and authorities hereby conferred upon him.

The High Commissioner may, subject to confirmation by a Secretary of State, remove any officer so appointed.

6. There shall be a Public Seal of the High Commissioner, which he shall keep and use for sealing all things whatsoever that shall pass the said seal; provided that until a Public Seal shall be provided, the private seal of the High Commissioner may be used.

7. The High Commissioner may, upon sufficient cause to him appearing, suspend from the exercise of his office any person holding or exercising any office in His Majesty's Service within

the New Hebrides, whether appointed by the High Commissioner or under or by virtue of any Commission or Warrant granted, or which may be granted, by His Majesty, in His Majesty's name, or under His Majesty's authority, which suspension shall continue and have effect only until His Majesty's pleasure therein shall be signified to the High Commissioner by a Secretary of State. The High Commissioner, in proceeding to any such suspension, shall observe the directions in that behalf given to him through a Secretary of State.

8. In the event of the death, incapacity, or removal of the High Commissioner all and every the powers and authorities herein granted to him shall, until His Majesty's further pleasure is signified therein, be vested in such person or persons as may be appointed by His Majesty and in case there shall be no person or persons so appointed by His Majesty, then in the person for the time being exercising the functions of His Majesty's High Commissioner for the Western Pacific.

9. Subject to the provisions of the aforesaid Convention amended as aforesaid and of this Order, the Order of Her late Majesty Queen Victoria, known as the Pacific Order in Council, 1893, as amended by the Pacific Order in Council, 1907, shall (save and except Article 109 of the said Order of 1893) apply to the New Hebrides as if the same were herein incorporated, and shall be binding upon all persons over whom his Majesty has jurisdiction within the said islands. The Order of His Majesty in Council known as the Pacific Islands Civil Marriages Order in Council, 1907,* shall in like manner apply to and have effect within the New Hebrides.

10. Judicial notice shall be taken of this Order and of the commencement thereof, and of the appointment of the High Commissioner, the Resident Commissioner, and of any other officers appointed thereunder, and of the constitution and limits of any jurisdiction court or district, and of judicial and official seals and signatures, and of any laws, regulations, or rules made under this Order, and no proof shall be required of any such

matters.

11. In this Order, unless the subject or context otherwise requires

His Majesty includes His Majesty's heirs and successors. "Secretary of State means one of His Majesty's Principal

Secretaries of State.

"Gazette means any official Gazette published by authority of the High Commissioner and, until such Gazette is instituted, means the Fiji Government Gazette.

12. This Order shall be published in the Gazette, and shall come into operation on a date to be fixed by the High Commisioner by publication in the Fiji Government Gazette, and the High

*See "Statutory Rules and Orders," 1907, page 203.

Commissioner shall give directions for the publication of this Order at such places, and in such manner and for such time or times as he thinks proper for giving due publicity thereto within the New Hebrides and the islands of the Pacific Ocean.

SCHEDULE I.

PART I.

A. W. FITZROY.

Convention between the United Kingdom and France concerning the New Hebrides of October 20, 1906.

[See Vol. XCIX, page 229.]

SCHEDULE II.

PART II.

Exchange of Notes on August 29, 1907, under Art. X, section 4, of the Convention of October 20, 1906.

[See page 499.]

BRITISH ORDER IN COUNCIL applying Section 238 (1) of the Merchant Shipping Act, 1894, in the case of Seamen deserting from Roumanian Merchant Ships in British Waters.-London, November 2, 1907.*

At the Court at Buckingham Palace, the 2nd day of November, 1907.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by subsection (1) of section 238 of the Merchant Shipping Act, 1894,† it is provided that where it appears to His Majesty that due facilities are or will be given by the Government of any foreign country for recovering and apprehending seamen who desert from British ships in that country, His Majesty may, by Order in Council stating that such facilites are or will be given, declare that that section shall apply in the case of such foreign country, subject to any limitations, conditions, and qualifications contained in the Order:

And whereas it has been made to appear to His Majesty that the Government of His Majesty the King of Roumania will give due facilities for recovering and apprehending seamen who desert from British ships in that country:

Now, therefore, His Majesty, by virtue of the power vested * "London Gazette," November 5, 1907. † Vol. LXXXVI, page 633.