ORDER IN COUNCIL.

Samoa Times and South Sea Gazette, Volume 3, Issue 117, 27 December 1879, Page 3

ORDER IN COUNCIL.

The following addition and alteration of the Western Pacific Order in Council, of US77, has been sanctioned by the Queen's Most Excellent Majesty in'Ouuucil, on the 14th day of August, "1579. We publish the same tor public information: Whereas by the Weste.ru Pacific Order in Council of 1877 Her Majesty the Queen was pleased to create ami constitute the office of High Commissioner in, over, and for certain islands and places in tin- Western Pacific Ocean, which iilands and places arc in the said Order more particularly described, and are therein and in this Older referred to lis the Western Pacific Islands, with such powers and jurisdiction as are in the said Oilier set forth : And whereas it is expedient to extend and amend in various respects the said Older: Now, Therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Pacilic Islanders Protection Acts, 1872, and 1875, and by the Foreign Jurisdiction Acts, 184:1 to 187S, or otherwise, in iter Majesty vested, is {•leaned, by and with the ' uduce of Her Privy Council, to order, and il is hereby ordered, as follows : I'rcliminaiji, 1, This Order may bo cited ns the Western Pacific Order in Council of IS"!) ; and the Western Pacific Order in Council of 1877, and this Order may bo cited together as the Western Pacific Orders in Council of 1877 and 1870. 2, This Order shall be read as if it were part of the Western Pacific Ontario Council of 1877 (which Order is herein rerun « J t.. or the Principal Order.) Successor or licjircvntativc oj Jliy/i 0.... missioner. 3, In the event of the death or incapacity of the High Commissioner, or in any such other event as may be from time to time provided for by Commission under tho Sign Manual and Signet of Her Majesty, all the powers and authorities of the High Commissioner, shall bo transferred to and vested in such person us ller Majesty shall at any timo after the mnking of this Order think fit by such Commission Jo appoint or designate to succeed temporarily to the office of High Commissioner and to exercise all the powers and authorities thereof, or if there bo no person so appointed, then to aud in the Chief Justice of Fiji. 4.—(1.) Whenever the High Commissioner has occasion to leave his ordinary plnco of official residence in order to visit nny distant places within which ho has jurisdiction ns High Commissioner, he may, by an instrument under his hand unci ofiioial seal, appoint a Judicial Commissioner, or Botrio one of Her Majesty's Deputy Commissioners for tho Western Pacific, to represent him during his nhHeiieu ; mid tho person so appointed shall ho styled the Assistant High Commissioner, and may, ho long as liis nppoiuttnunt romsins in force, exorciso all the powers and authorities of tho High Commissioner, or so much thereof as is specified in the iuslruiiiout appointing him.

(2.) The High Commissioner may revoke any such appointment by a similar instrument; and every such appointment shall cease-on -the return of the, High Commissioner to his ordinary place uf official residence. (3.) Such appointment shall not affoot the right of the High Commissioner to exercise his full power anil authority in any placo within his jurisdiction. 5. In this Order, and in the Principal Order, unless inconsistent with the con text, the High Commissioner includes the person for tho time being exercising any of tho powers and authorities of High Commissioner under tho foregoing provisions of this Order. Proceedings before Dcquty Commissioners. (3. All instruments relating to proceedings before a Deputy Commissioner, which under tho Principal Order would require to be sealed with the seal of the Court, shall bo sufficient without such seal if signed by a Deputy Commissioner, Regulations by High Commissioner. 7.—(1.) Tho High Commissioner shall, by virtue of this Order, have power and authority to make from time to time in the name and on behalf of ller Majesty, j by writing under his hand and ofri.i i ; seal, such Regulations as to him seem fi. } for the government of British subjects! in tho "Western Pacific Islands, ami to." j securing the maintenance (as far as regards tho conduct of British subjects) of friendly relations between British subjects and all kings, chiefs, and other authorities in those islands, and persons subject to them. (2.) Theßegulntionsmny definooffences against the same ; and acts thereby defined to be offences are hereby declared to be offend* against the Principal Order; and the Regulations may impose a punishment fur any such offence, as fol(i) imprisonment for any term not exceeding three months with or without hard labour, and with or without a fine not exceeding ten pounds (iii a fine alone, not exceeding ten pounds, without any imprisonment ; (iii) in case of n continuing offence, - in addition to any such punishment by imprisonment or a fine, or a fine, or both, as iforesaid—a further fine, not exceeding in any ease ten shillings for each day during which the offence continues after the day of the commission of the original olfenee. (3.) The Regulations shall be so framed as to allow that less than tho highest punishment imposed by tho roulntions may be adjudged in any case, or to prevent the Court from adjudging in any case ; and the regulations shall not be so framed as to impose a tixed punishment in any case, but as low a punishment as the Court in its discretion may think lit. (hj) The Regulations shall be affixed, and, as far as practicable, at all times kept exhibited, at eacli Court-house, or at some other public place in each district. (.-..} Copies of the Regulations shall be sold at such price its-the High Commissioner directs. (li.) The Regulations shall, as soon ps practicable, be published in tho Royal i lazelte of Fiji, and be printed separately. • (7.) The High Commissioner on making Regulations shall forthwith report them to the Secretary of State. (8.) Every Regulation shall, unless approved by Secretary of Slate, cease to be in force at the expiration of eighteen months from the making thereof, exci pt a< regards things done and rights a d liabilities accrued ami incurred thereunder before the expiration of that time, end the institution and prosecution thereafter of any proceeding, civil or criminal, in respect of anv such thiut!, right or liability. (9.) The High Commissioner may at any time, in manner aforesaid, revoke ».r alter any Regulation ; and the Secretary of State may at any time direct the revocation of anv Regulation. 8.—(1.) The last foregoing Article is hereby substituted for Article 2t of the Principal (Irder. (2.) Hut all regulations made under Article 24 of the Principal Order before tho commencement, „r tMs Order, shall remain in force us if this OrUor had not been passed, subject to be revoked or altered by the High Commissioner i so that they shall, unless approved by tho Secretary of State before or after the commencement of this Order, cease to bo ill force at the expiration of twelve months from the eommoncuicnt of this Order, except as regards things done and rights and liabilities accrued and incurred thereunder boforo the expiration of that time, and the institution and prosecution thereafter of any proceeding, civil or criminal, in respect of any such thing, right, or liability. JDcjiorlation. 0. Article 26 of tho Principal Order shall be road and have effect as if the words " from the Western Pacific Islands" were omitted from tho first paragraph thereof. Extension of judicial poutr of High Cominks/oner, 10.—(1.) Notwithstanding anything in tho Principal Order, the High Commissioner may, when at a place distant from his ordinary placo of official residence, and in a case being, in his opinion, a case of urgency, and in tho absence of a Judicial Commissioner, exercise so muoh of the jurisdiction and authority of tho Court an is by Articles 27 and 28 of the j Principal Order confined to a Judicial Commtisiouer.

(2.) Tho High Commissioner shall forthwith make a special report to the Secretary of State in every ease in which he exercises such jurisdiction and authority, selling forth therein tho reasons for his proceedings. (3.) If in any case the sentence passed by the High Commissioner, under the authority of this Article, is a sentence of death, it shall not be executed unless and until the High Commissioner has referred tho minutes and notes of the evidence in tho case toihe Chief Justice of Fiji, or if, in tho opinion of tho High Commissioner, by reasuu of the remoteness of the place or otherwise, a reference to tho Chief Justice would bo inconvenient, then to another Judicial Commissioner, being a barrister of ten years' standing, and tho Chief Justice or that other Judicial Com: inissioner has certified in writing to the High Commissioner his concurrence in the sen i once. (-!■.) In every such case the High Commissioner shall postpone the execution of the sentence pending such- reference, and shall commit the person convicted to prison for safe custody, or shall cause liim to be detained in custody, and to be i • ed to any pari of tie- Western IV Ciui' Islands, or to Fiji, and to be there oeuincd in custody pending such reference. (5.) Nothing ia this Article shall affee! the right of appeal or tho power of the Court to reserve for tho judgment of tbo Supreme Court any question of law or fact arising on a trial. (0.) Where there is such an appeal or reservation, a reference under this Article to the Chief Justice of Fiji or another Judicial Commissioner shall not be made. Confirmation of Sentence. 11. Article 47 of the Principal Order shall be read and have effect as if the following two paragraphs were therein .substituted for paragraph (2.) therof: («.) Where a soulenco of a Judicial Commissioner is a sentence of death, — and where a sentence of a Deputy Commissioner comprises imprisonment for nine mouths, or upwards, or a tine of twenty-five pounds, or upwards,—the sentence ' shall not. bo executed without the direction of the High Commissioner, by writing under his hand and official seal. (i.) In every snob case the Court shall postpone the execution of the sentence pending the submission thereof to the High Commissioner, and shall, if necessary, commit the person convicted to prison for safe custody, or shall admit to bail, and shall take security by rcsoguisance, deposit of money, or otherwise, for his payment of any fine. (c.) In ease there is under Article 54 of the Principal Order, an appeal to the Supreme Court, or a reservation fur the judgment of the Supremo Court of a question of law or fact arising on the trial, the sentence (if any) of the Supreme Court shall, for tiio purposes of this article, ho deemed to be the.sentence of the Judicial Commissioner, or Deputy Commissioner, before whom tho trial was had. Mitigation or Jlemiision of Punishment ; Pardon. 12.—'1.) The High Commissioner, or the Secretary of .State may, if he thinks tit, mitigate or remit anv punishment adjudged'i.y the LVuit. (2.) Nothing in tbo Principal Order, 0/ this Order, shall be deemed to aii'e t Her Majesty's pierogativo oi pardon. (3.) Tiiis Article is hereby substituted for Article KS of the Principal Order. ID. Article of iin- Principal Ord-o-, iv. imi ■ t.i appc ils, to liiortiijuvmc Cont In i;i mai ..i ■-, and to the reservation ;'..i ,uejudgment, of liitt Supreme Court of questions of law or fact arising on criminal trials, shall not apply where the trial is had before tho Chief Justice of Fiji as u Judicial Commissioner, if and as long as there is no Judge of tiie Supreme Court other than the Chief Justice. Indemnity. 14. Where, after the commencement of the Piuicipl.il Order, and before the commencement of this Order, any person has been erroneously trie*' and sentenced ■to imprisonment, or other punishment, for an offence committed before the commencement of the Principal Order, and the punishment has been discontinued as soon as practicable after the discoiet.r -f »lia error, all persons my Iwvliv mdemuilied against, and discharged 'limn, all actions, suits, indictments, and proceeding* whatever in respect of such trial, sentence and punishment, and in respect of any act precedent to, or consequent theroon, done in good faith. Fmjitke Offender*. 15.—(1.) The Fugitive Offenders' Act, 1843, or so much thereof as is for the time being in force, and any enactment for the time being in foico amending or substituted for tho same, are hereby extended, with reference to British subjects to the Western Pacific Islands, with the adap a ions following namely : {it.) In sections two and six of tho Fugitive Offenders' Act, 184:1 tint High Commissioner's Court by a Judicial Commissioner shall be deemed to be substituted for a Judge of u superior court in a Colony. (A.) In soctions three, live, six, and sovon of that Act tho High Commissioner shall ho deemed to be substituted for the Governor of a Colony. {•>.) This Arttclo is hereby substituted for Article CO of the Principal Urdu-. (To be continued.)

I Small the Ooverninent diver at Belfast, | nearly lust his life through being seized i by an octopus in the river Muyne.' He I was repeating his efforts to dislodge a rock, when his left hand got clutched in a hole by a marine monster. Ho was unable to reach the lifeline, but eventually got hold of an iron bar with one of his feet. On account of his peculiar position ho could only deal blows overhanded with the other arm into the hole, during which time the octopus bad increaked its grip. It was fully 2U minutes before Small could release himself ; ho was in a very exhausted condition. He had the greatest difficulty in keeping Ids feet down, as the air was pumped through the interior of the dress and inflated it, and it the feet had gut uppermost, he would soon have become insensible. Even if ho could have reached the life-line, it would have resulted in lib arm being broken or pulled out. His hand was terribly sucked, and be describe!! tht: agony as dreadful. The octopus measured Bft. across. Tho tales continually " wired " to F.ug- ' land from France are certainly the most sensalicmal and romantic that go to iill up the London papers. Hero is tbo latest from Paris. A young man, aged 2(j, who bus been married only three mouths, made an appointment to dine with bis wife at a restaurant in tbo Paris Royal. The young wife was punctual, but the husband eaino not. Alarmed, she went home and found the door of the apartment locked. She received no answer on ringing. She had (he door forced opeu, and discovered her husband dead in bed. Beside him was a beautiful girl, also dead. Both had taken poison. The young wife thus suddenly and cruelly made a widow was carried from the scene a raving maniac.