THE SAMOA TIMES. "Sworn to no Master, of no Sect am I." SATURDAY, FEBRUARY 16, 1878.

Samoa Times and South Sea Gazette, Issue 20, 16 February 1878, Page 2

THE SAMOA TIMES. "Sworn to no Master, of no Sect am I." SATURDAY, FEBRUARY 16, 1878.

As the Order of the Queen in Council establishing the High Commissioners Court for the Western Pacific is very voluminous, it may be useful for the resident British subjects to explain shortly the nature of the Court, its jurisdiction, mode of sitting, and proceedings generally. As it is a Court established by Her Majesty the Queen, it is first of all for British subjects, and

| selected ant of the particular locality I where the criminal may be tried far the working out of his punishment. A ; criminal tried in Samoa may for example be sent to Fiji to work out his term of penal servitude. The Court has the -most ample civil jurisdiction, but'both in criminal and civil causes there is an appeal, within certain limits, to the 'Supreme Court of Fiji, which by the Order in Council, is made the Appeal Court for the Western Pacific, The Court is also a Court of Bankruptcy, and by the Judicial Commissioner is a Court of Vioe-Admirality, of Probate, and of Matrimonial Causes. In matters of Lunacy the Judicial Commissioner has the same powers as the Lord Chancellor at home.

The sittings of the Court in its civil and criminal jurisdiction will be duly announced from time to time, and tho sittings for Samoa are now notified to begin on Tuesday the 19th instant. We understand that Mr. limes Willoughby Taylor, R.N., has been appointed Registrar, and bis office is in the building next to Davis, the photographer, where the Court will also be held. Writs of summons, &c, will be given out to those applying for them, at the usual hours, from 10 to 1, and 2 to 4 p.m. In criminal matters a person must be charged before the Court with an offence. If it is a matter of no serious consequence the trial is held at once on the date fixed for the return of the summons, or on the person being apprehended by warrant. The evidence on both sides will be heard and the decision of the Court given. Where the crime is a more serious one, and the trial would take place with assessors, depositions will be made up at a preliminary enquiry and the accused committed for trial in the usualway. In addition to the ordinary powers of Courts of Justice, the Order in Council bestows upon the High Commissioner and the Court certain other powers with regard to " Prohibition and Removal," and " Deportation " from the Western Pacific. Where it is shown by evidence on oath to the satisfaction of the High Commissioner that any British subject is dis-affected to Her Majesty's Government, or has committed, or is about to commit an offence against the Pacific Islander's Protection Acts 1572 and 1875, or is otherwise dangerous to the peace and good order of the Western Pacific Islands, the High Commissioner may " prohibit" that person from being in the Western Pacific Islands within the limits specified in the Order, during any time to be specified, not exceeding two years. The Court also where it is proved that there is reasonable grounds to apprehend that a British subject is about to commit a breach of tho public peace, or is about to commit an offence against the Pacific Islander's Protection Act 1872 and 1875, •or that the acts or conduct of a British subject are or is likely to produce or excite to a breach of tho public peace—or where a British subject has been convicted of an offence before the Court —it may require him to find security for his future good behaviour, and if he fails to do so may " deport" him to Fiji or some other part of Her Majesty's Dominions, the Government of which shall have agreed to receive him. The Islands and places in the Western Pacific to which the Order applies, and over which the jurisdiction of the Court extends, may be said to include generally all the islands and groups of Islands from the eastern half of New Guinea sweeping down to meet the jurisdiction of New Zealand. In addition to Samoa and Tonga, all the Gilbert and Ellice Islands are included, the Solomons, New Britain and New Ireland,, and in Bhort all the Islands in the Western Pacific not being within tho limits of the colonies of Fiji, Queensland or New South Wales, and not being within the jurisdiction of any civilized power.

British vessels within the waters mentioned in the Order. It has no jurisdiction over those not British subjects; but a foreigner may in civil causes sue as plaintiff in the Court, or be sued as defendant, if he obtains and files in tho Court the consent in writing of the competent authority on behalf of ■his own nation to his submitting to the jurisdiction of the Court. The Court may require him also to find seourity for the costs and tho carrying out of tho judgment.

Tho members of the Court are, the High Commissioner, tho Chief Justice of' Fiji as Judicial Commissioner, and the Deputy Commissioners who may be appointed by the High Commissioner for any special locality in the Western Pacific. There will for example, in-all probability, be a Deputy Commissioner for Samoa. The Court is duly constituted and may be held before one Judge, .the amount of punishment to be inflicted by the Deputy Commissioners sitting alone being more limited.

The Court is aCriminalCourt,and when held before the Judicial Commissioner, has the same powers as a Court of full criminal jurisdiction at home. Crimes of a lower degree than morder may be tried before a member oi the Court not the Judicial Commissioner. In more serious Unit two assessors, ie, competent 'and impartial British subjects of jjood repute, may be selected to sit, but they are to have no voice in the deter: miiiation of the cause. Trials may also be held in a summary manner" without assessors. In these cases of crimes and

offoncea all that is necessary is that tho British subject be oharfred with tho offence by some resident who knows the facts. The manner and place of 'punishment is to be determined by the High Commissioner, And a place may be