The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1879-06-14
From the New Zealand Herald, May fIl
British Jurisdiction in the Western Paoif,

When Kennels was recently tried in Auckland
for murder at one Of the Islands In the Pacific, IL
was shewn that someone had biundered. and,
through the blunder, Justice miscarried. The Im-
perial Acts known as the Pacific Islanders Pro-
teciion Acts, 1872 aud 1875, Sc, give ample
power to deal with such cases as that OF Renueiis.
provided a certain Ofder-in-Co Council had been
issued by the Imperial Government. The Acts In
question were here. but it was not known whether
the Order n-Council had been made, or. IL made.
when it had been Published in any colonial de-
pendency, aud the necessary Courts established:
1t was subsequently found that the Order-in- Coan-
ell had been made at the Court at Osborne House,
Isle OF Wight, on the 18Th August, 1877, which
provided that il was 10 take effect on aud after the
4th February. 1878. 1t has also been found that
il was published in FIJI on the 81 February. ls76,
though no notice Of such publication, or eyen The
existence OF such an 0rderin Council, had been
sent to New Zealand. The truth. however, Is now
out. and the main portions o! the document are
published in a Ne0 Zealand Gazette OF the lsi
instant. The extent aud application OF the Order
are thus defined -" The Islands and places Ia the
Western Pacific Ocean TO which this Order extends
aud applies. aud which are in this Order c0llec-
lively referred to as the Western Pacific Islands.
are the following, namely 81. The groups OF
islands known as the Friendly Islands. the Navt-
gator Islands. The Union Islands. the Phoenix ISL
ands, the Elliee Islands. the Gilbert Islands. the
Marshall Islands or Archipelago, the Caroline Isi-
ands, the Solomon Islands, the Santa Cruz islands;
2 the Island Of Rotumah; 3, the part OF the island
of New Guinea eastward OF the l45rd meridian OF
longitude; 4, the Islands or Archipelago Of New
Britain aud New'lreland; 5. the Louislade Archi-
peIago: 6, all other islands in the Western Pacific
Ocean not being within the limits Of the celonles
Of Fiji. Queensland, and New South Wales, and
not being within the Jurisdiction OF any civilized
power; z, the waters within three miles Of every
islands or place Aforesaid The application OF
the Order Is to 81, All British subjects for the
time being within the Western Pacific Islands,
whether resident here or not; 2. all British vessels
FOR the time being within the waters mentioned In
article 5 OF this Order; 5, foreigners in cases and
according to the conditions in this Order specified
but not otherwise" Clauses 7 TO -, Inclusive.
refer 10 the mode in which High Commissioners
Courts are to be established, and their busiaess
transacted. From clause IL onward the provisions
relate 10 the jurisdiction Of the Courts thus eeta-
blished. Jurisdiction is 10 be in civil aad criminal
matters according to the provisions OF the Order,
and may be exercised by the High Commissioner.
or by a Judicial Commissioner while the High
Commissioner is absent, or by a Deputy Commits
sioner duly appointed for any particular diatrict,
Clauses 2l and % provide thai when a British sub
ject charged with an offence committed on the sea.
or in any haven, river, creek. or place within the
jurisdiction of the Admiralty, Is found or brought
within the Western Pacific Islands. the Court ahall
have power to take cognisancc OF the offence. The
Criminal and Civil jurisdiction exercisable la tbs
Western Pacific Islands shall, as far as ~circunf-
stances will permit, be exercised in conformity
with the statute and other law for the time being
in force in England. ffHfFT