THE WESTERN PACIFIC ORDER.

Samoa Times and South Sea Gazette, Issue 24, 16 March 1878, Page 4

THE WESTERN PACIFIC ORDER.

(Continaed from our last issue.) Vote for Supreme Court 106. Any decision or judgment may be given by the Court subject to a ea.se to be stuted for the opinion of the Supreme Court Re-hearing. 107. Any member of the Court may, on application of any party, if he thinks fit, for reasons recorded in the minutes, order a re-huariug before him of an action heard before him.

(2.) The provisions of this Order respecting a hearing shall extend as far as may be, to such a re-hearing. 108. The High Commissioner, being in •the Western Pacifio Islands, may, if he thinks fit, on application of any party to an action heard before a Deputy Commissioner, order a re-hearing thereof before himself, with the Deputy Comissioner before whom it was heard, or with any other Deputy Commissioner. (2.) If *n the re-hearing there is a difference ef opinion between the High Commissioner and the Deputy Commissioner sitting with him, the opinion of the High Commissioner shall prevail. (3.) The provisions of this Order respecting a hearing shall extend, as far as may be, to such a re-hearing. Appeal to Supreme Court of Fiji.

109. An appeal shall not lie from an order made without notice. If any person thinks himself aggrieved by an order so made, he may apply to the High Commissioner's Court to vary or discharge it, and an appeal shall lie from the decision on that application.

110. Where in a civil action a decision of the Court, with or without Assessors, •othor than an order without notice,—

(i.) is given in respect of a sum fifty pounds or upwards; or (ii.) determines, directly or indirectly, a claim or question respecting money, goods, or other property or -any civil right or other matter of the amount or value of fifty pounds or upwards; •any party aggrieved by the decision may, ■on complying with the following con--ditions, appeal to the Supreme Court, :

(a.) He shall give security to the satisfaction of the Court appealed from (in this Order referred to as the Court bejow) to an amount not exceeding one hundred pounds, for prosecution of the appeal, and for payment of all such costs as may be awarded to any respondent by the Supreme Court; (b.) He shall pay into the Court below a sum estimated by that Court to be the amount of the expenso of the tnaking-op and transmission to the ■Supreme Court of the record. (2.) In any other case the Court below 'may, if it thinks fit, give leave to appeal ■on like conditions. 111. In any case the Supreme Court may give leave to appeal on such terms as it thinks just. 112. After six months from the date of an order, an appeal against it shall not lie except by leave of the Supreme Court. (2.) After twelve months from the date of an order, application for leave to appeal against it shall not bo entertained by tho Supreme Court. 113. Where a person ordered to pay money, or do any other act, appeals, the Court below shall direct that the decision appealed from be carried into execution, or that the execution thereof be suspended pending the appeal, as it thinks just. (2.) If the Court directs the decision to be carried into exocution, the person in whose favor it is given shall, before the execution of it, give security to the satisfaction of the Court for performance of the order to be made on appeal. (3.) If the Court directs tho execution of the decision to be suspended, the porson against whom it is given shall, before an order for suspension is made, .give security to the satisfaction of the Court for performance of such order as •shall be made on appeal. 114. Tlie apellant shall file an appeal motion-paper in the Court below. (2.) He may at the same time file any argument which ho desires to submit to tho Supreme Court in support of the appeal. (3.) The motion-paper and the argument (if any) shall be served on such persons as respondents as the Court below directs.

115. A respondent may, within seven days after aorvice, file in the Court below such argument as he desires to submit to the Supreme Court against the appeal (2.) Copies thereof shall be furnished by the Court below to such persons as the Court thinks fit 116. On the toe pi ration of the time for the respondent flung his argument, the Court below shall, Without the application of any party, make up the record of appeal, which shall tonsil of the writ of summons, statements of claim and defence (if any), order* and proceedings, a certified copy of hi] written and documentary evidence admitted or tendered, and the note* of the oral evidence, the appeal motion-paper, and the arguments (if any.) (2.) The several pieces shall bo fastened together, oooseoutivoly numbered ; and the wholo shall be secured by the seal of the Court below, and be forthwith forwarded by that Court to tho Hupromo Court. (.'(.) The Court below shall not, except Tor some special cause, take on itself the responsibility of tho charge or transmission u the Supreme Court vf original

letters or document! produced in evidence. They shall be returned to the parties producing thera, and they shall produce the originals, if required by the Supreme Court, at or before the hearing of the appeal. 117. After the record of appeal is transmitted, until the appeal is disposed of, the Supreme Court shall be in exclusive possession of the whole action as between the parties to the appeal. (2.) Every application in the action as between the parties to the appeal shall be made to the supreme Court, and not to the Court below, but any application may be made* through the Court below. 118. The Supreme Court shall, after receiving the record of appeal, fix a day for the hearing of the appeal, and shall give notice thereof through the Court below, or otherwise, to the parties to the appeal, such a day being fixed as will allow of the parties attending in person or by counsel or solicitor, if they so desire.

(2.) But if all the soveral parties to an appeal appear in person in Fiji, or appoint persons there to represent them as their counsel or solicitors in the appeal, and cause the appearance or appointment to be notified to the Supreme Court, the Court shall dispose of the appeal, without being required to give notice, through the Court below, or otherwise, to the parties to the appeal of the day fixed for the hearing thereof. 119. The Supreme Court may, if it thinks fit, require a party to an appeal to appear personally before it on the hearing of the appeal, or on any other occasion pending the appeal. 120. It is not open, as of right, to a party to an appeal to aduce new evidence in support of his original case, but a party, may allege any facts essential to the iasue that have come to his knowlodge after the decision of the Court below, and may adduce evidence in support of his allegations. (2.) The Supreme Court may in any case, if it thinks fit, allow or require new : evidence to be adduced.

121. The Supreme Court may, from time to time, make |any order necessary determining the real question in controversy in the action, as among the parties to the appeal, and for that purpose may, amend any defect or error in the record of appeal. (2.) The Supreme Court may direct the Court below to inquire into and certify its finding on any question as among those parties, or any of them, which the Supreme Court thinks fit to determine before final judgment in the appeal. (3.) Generally, the Supreme Court shall, as among the parties to the appeal, have as full jurisdiction over the whole action as if it had been originally instituted and prosecuted .in the Supreme Court by parties subject to the original jurisdiction of the Supreme Court. (■J.) The Supreme Court may, if it thinks fit, remit the action to the Court below to be re-heard, or to be otherwise dealt with as the Supreme Court directs. 122. The powers of the Supreme Court under this Order may be exercised by the Supreme Court notwithstanding that the appeal is brought against part only of the decision of the Court below.

(2.) Those powers may be exercised in favor of all or any of the parties to the action, although they have not appealed from, or complained of, tho decision.

Mules for Appeal.

123. The Supreme Court may from timo to time, with tho concurrence of the High Commissioner, make such Rules as ; to the Court seem fit for the better execution of the provisions of this Order relating to appeals in Civil actions. Appeal to the Queen in Council.

124. For the purpose of appeal to Her Majesty the Queen in Council, an order or decision of the Supreme Court on appeal under this Order shall be equivalent in all respects to an order of the Supreme Court under its original jurisdiction. Pakt Vl.—General. AsUtton. 125. Where a charge or an action is triable with Assessors, then— • (i.) In proceedings before the High Commissioner, or a Judicial Commissioner, there may bo one Assessor or two, three, or four Assessors, (ii.) In proceedings before a Deputy Commissioner there shall ordinarily bo not fower than two, and not more than four Assessors. (2.) Where, however, bv reason of local circumstances, the High Commissioner, or a Judicial Commissioner, or a Deputy Commissioner, is able to obtain the presence of one Assessor only, he may, if he thinks fit, sit with one Assessor only. (3.) Where, for like reasons, the High Commissioner, ora Judicial Commissioner, is not able to obtain tho presence of any Assessor, he may, if he thinks fit, sit without an Assessor.

(4.) In every such case the reasons shall be recorded in the minutes.

(5.) This article is subject to tho provisions of Artiole 28. , 12C. The summons to a person to attend to net as Assessor shall bo in writing, and shall require the uttendanvc of the person therein named to act as Assessor at the timo and placo thoreiu specified. (2.) The summons shall be served on him by being delivered to him jwrsonallv, unless ho is at the timo of service absent from his usual place of abode, and then it may bo left for him i there with some ndult inmate.

127. The Court may, on reasonable Muse, excuse from attendance, generally

or in any particular case, any person summoned to act as Assessor,

128. The Court may, if it thinks (it, on or without an application or suggestion by any party to an action, or the accused, discharge from attendance generally, or in any particular case, any person summoned to act as Assessor. 129. If in the course of a trial au 1 Assessor is, by sufficient cause, prevented from continuing to serve, the trial shall proceed with the aid of the other Assessor (if any). (2.) If in any case the solo Assessor is, or all the Assessors are, prevented from continuing to serve, the proceeding shall be stayed, and u new trial shall be held, with another Assessor or other Assessor*.

(3.) This Article is subject to tho provisions of Article 2S. 130. If any person summoned to act as Assessor fails, without lawful excuse, to attend at the trial, or at any adjournment thereof, or to continue to serve throughout the trial, he shall be liable under a summary order of the Court to a money penalty not exceeding five pounds, to be levied by attachment and sale of his goods within the district, and in default of recovery thereby of the money penalty, to be imprisoned as a oivil prisoner for any time not exceeding three days, if the money penalty is not sooner paid Arbitration. 131. The Court may, with consent of the parties, refer to arbitration the final determination of an action pending, or of all matters in difference between the parties, on such terms and with such directions as to appointment of an arbitrator and other things as the Court thinks fit, with or without security from the parties, or any of them, that they will abido by the result of the reference. (2.) In any such case the award shall be filial and conclusive.

(3.) On the application of any party a decree of the Court may be entered in conformity with the award, and the decree shall not be open to appeal or re-hearing.

132. Every agreement for reference to arbitration, or submission to arbitration by consent, between or by British subjects, may, on the application of any party, be made a rule of the Court. (4.) The Court shall thereupon have authority to enforce the agreement or submission anil the award made thereunder, and to control and regulate the proceedings before and after the award, in such manner and on such terms ;is the Court thinks just. Reconciliation. 133. In Criminal matters, wh. r>' all parties concerned are British nhjecU, tb Court may promote reconciliation, and encourage and facilitate the MttltißMtl in an amicable way of proceeding* tak. ■;, for assault or for any oth«-r nffeiw. nirt amounting to felony, and luring of a private or personal character, on taVUM of payment of compensation or other t- raw approved by the Court, and may tln-re upon order the proceedings to !*■ stayed 134. In civil matters, the Court and" its officers shall, as far as there is projH-r opportunity, promote reconciliation among persons over whom the Court has jurisdiction, and encourage and facilitate the settlement in an amicable way, and without recourse to litigation, of difference among them. (2.) Where a civil proceeding is pending, the Court may promote reconciliation among the parties thereto, and encourage and facilitate the amicable settlement thereof. Seals. 135. Writs of summons, ordors, and other instruments, issuing from the Court, shall be scaled with the seal of the Court. Minutes of Proeer(liiiij.t. 136. In every case, criminal or civil, minutes of the proceedings shall be drawn up, and shall be signed by the member of the Court before whom the proceedings are taken, or the presiding member, and shall, where the case is heard with Assessors, be open for their inspeotion and for their signature, if concurred by them. (2.) The minutes, with the depositions of witnesses, and the notes of evidence taken by the Court, at the trial of hearing, shall bo preserved in a public office of the Court. Obstruction or Disturbance of Court.

137. (i.) If any person wilfully obstructs by act or thioat an officer of the Court in the performance of his duty; or (ii.) Within or close to the room or place where the Court is sitting, wilfully misbehaves in a violent, threatening, or disrespectful manner, to the disturbance of the Court, or to the intimidation of suitors, or others resorting therto; or (iiU Wilfully insults any membor of the Court, or any. Assessor, or any plerk or officer of the Court, during his sitting or attendance in Court, or in his going to or returning from Court; — The person so acting shall bo liable to be immediately apprehended by order of the Court, and to be detained until the rising of the Court, and on inquiry and consideration then and there, and without further trial, to bo punished with a money penalty of not more than one pound, or with imprisonment for not more than six hours, in the discretion of the Court.

(2.) A iniuuto shall he made and kept of every such case of punishment, recording the facts of tile offence, and the extont of the punishment; and in the case of a Deputy Commissioner, a copy of tho minutes shall bo fortLv.it,h gout to th« High Commissioner,

(3.) Except in the eases and in the milliner provided in this Article, a Deputy Commissioner shull not nave power to punish for conteni]it of Court. (4.) A peraon punished for an otfence under this Article, shall not be liable to prosecution or action in respect of the same matter; and any such prosecution or action, if begun, shall be staid by the Court in such manner, and in such terms, as the Court thinks just. ifiacondiict of Officer* of Court. 138. If an officer of the Court employed to execute an order by neglect or omission loses the opportunity of executing it, then, on complaint of the person aggrieved, und proof of the fact alleged, the Court may, if it thinks fit, order the officer to pay the damages sustained by the person complaining, or part thereof. (2.) The order shall bo enforced as an order directing payment of money. 139. If a clerk or officer of the Court, acting under pretence of the process or authority of the Court is charged with extortion, or with not paying over money duly levied, or witli any other misconduct, the Court, if it thinks fit, may inquire into the charge in a summary way, and may for that purpose summon and enforce the attendance of all necessary persons, as in an action, and may make such order for the payment of any money extorted, or for the payment over of any money levied, and for the payment of such damages and costs as the Court thinks just. (2.) The Court may also, if it thinks fit, impose on the clerk or officer such money penalty, not exceeding five pounds, for each offence, and the Court thinks just. (3.) Any clerk or officer punished under this Article shall not be liable to a prosecution or action in respect of the same matter, and any such prosection or action if begun, shall be staid by the Court in such manner, and on such terms, as the Court thinks just. Fees and other Money. 140. All costs, and all charges and expenses of witnesses, prosecutions, punishments, and deportations, and all other charges and expenses, and all fees, forfeitures, and money penalties payable under this Order, may be levied by distress and seizure ami sale of ships, goods, and lands. (2.) Any bill of sale, or mortgage, or transfer of property made with the view of avoiding such distress, seizure, or sale, si,all not be effectual to defeat the pro-w-ions of this Order. I+l. All few, forfeitures, and money prnahjf levied under this Order shall be ; carried to the public account. Witnetue*. I*2 In any case, criminal or civil, and iat any stag* thereof, the Court, cither of 1 its own mr.ti.in. or on the application of I any party, may summon a British i«r>j«-t, being within the district, to i uti.'u.t i'> give evidence, or to produce | doi omenta, or to be examined. 'f~iS if the pel-son summoned, having p-asonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not excuse his failure to the satisfaction of the Court, he shall be deemed guilty of an offence against this Order, and on conviction thereof shall be liable to a money penalty not exceeding twenty pounds, or to imprisonment for any term not exceeding fourteen days. (3.) A person punished for an offence under this Article shall not be liable to a prosecution or action in respect of the same matter; and any such prosecution or action if begun shall be staid by the Court in such manner, and on such terms as the Court thinks just. 143. In a criminal case, where it is proved that a British subject is likely to give material evidence, either for the prosecution or for the defence, and that he will not voluntarily attend to give evidence, the Courfshall issue a summons for his attendance.

(2.) If he does not ohoy tho summons, and does not execusc his failure to the satisfaction of the Court, then (after proof of the summons) the Court may issue a warrant to compel hifs attendance. (8.) Where it is proved that ho will not attend to give evidence unless compelled to do so, the Court, instead of issuing a summons, may issue a warrant in the first instance.

(4.) If, on his appearance, cither in obedience to a summons, or on being brought up under a warrant, he refuses to take an oath, or, having taken an oath, to answer any question put to him, and docs not excuse his refusal to the satisfaction of the Court, the Court may, by warrant commit him to prison, there to remain for not moro than seven days, unless he in the meantime consents to answer duly on oath. 144. If a British subject wilfully gives false evidence on oath in the Court in any ease, criminal or civil, or on a reference, he shall bo deemed guilty of wilful and corrupt perjury. (to bk continued.)