CO885(3-4) — Page 132

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

PUBLIC RECORD OFFICE, LONDON

| ALLY WITHOUT PERMISSION OF THE

BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

The term

" Governor

explained.

· (6)

ARTICLE 7.

The officers and soldiers of the garrison and other officers of His Danish Majesty's army shall be permitted to march out with military honours, and have a safe convey- ance to the next Danish port, but to remain here until the return of an officer sent to the Danish Government with the Articles of Capitulation.

The garrison must lay down their arms, and surrender themselves prisoners of war; at the same time it. will be submitted to the Admiral's consideration to permit them to return to the Danish territory on their parole d'honeur not to serve during the war, or until exchanged, or on the terms required in the seventh article.

The latter part of this article requesting permission to send an officer to the Danish Government with the Articles of Capitula tion is granted, but that the officers and garrison shall await his return is not Lgranted.

ARTICLE 8.

The arms shall be delivered up, and restored in the same condition as they are received in.

Not granted.

ARTICLE 9.

The Commandant shall receive receipts Agreed.

for all military stores delivered up.

ARTICLE 10.

As it is one of the privileges of the

inhabitants of the island not to be obliged

to serve on board King's ships contrary to >Agreed. their inclinations, that privilege is to be continued to them.

18T ARTICLE.

·

{

All Frenchmen on the Island shall be delivered up as prisoners of war.

Agreed

ARTICLE 11.

The island to be retained for restitution? Not granted.

at a peace.

Given under our hands at Heligoland this 5th day of September 1807.

FALKLAND.

C. J. D'AUVERGNE. ZESKE.

(Signed)

Ratified by me,—

(Signed)

J. M. RUSSELL, Vice Admiral.

No. 2.

DRAFT of an ORDER IN COUNCIL making provision for the Government of Heligoland, and declaring the Powers of the Governor thereof, dated 7th January 1864. WHEREAB the form of government now existing in the island of Heligoland hath been found insufficient for the exigencies of Her Majesty's subjects resident therein, and it is expedient to make temporary provision for the government of the said island, and to declare the powers of the Governor thereof, it is hereby ordered by Her Majesty, by and with the advice of Her Privy Council, as follows :--

1. The term "Governor in this Order in Council shall mean any person appointed to administer the government of the island of Heligoland, by or under authority of any letters patent issued under the Great Seal of the United Kingdom of Great Britain and Ireland.

( 7 )

II. There shall be in the said island a Legislative Council, which shall consist of such Legislative officers or persons as shall from time to time be designated or named in that behalf by Council, how

composed. any instruction or instructions, or by any warrant or warrants, under the Royal Sign Manual and Signet, and of such other persons as shall be from time to time provisionally appointed by the Governor by Commission under the Public Seal of the said island": Provided, that if at any time during the existence of any such provisional appointment the number of councillors resident in the said island, and capable of acting in the execu- tion of their office, shall exceed the number of twelve, the provisional appointment of latest date shall at once become void and of none effect.

III. The said Legislative Council shall, in the transaction of business, conform to such Rules of regulations as may from time to time be prescribed by any instructions under the Royal Council. Sign Manual and Signet, and, subject to such instructions, may frame rules for the conduct of the business of the said Council.

ви

may be

IV. The Governor of Heligoland may from time to time, with the advice and consent Governor of the said Council, make laws for the peace, order, and good government of the island of may make Heligoland: Provided that it shall be lawful for Her Majesty, through one of Her laws which Majesty's Principal Secretaries of State, to disallow any such laws as aforesaid in the disallowed whole or in part, and that any such law or part thereof shall cease to be of any force or by Her effect so soon as the disallowance thereof shall be published in the said island by the Majesty. Governor thereof; provided also, that notwithstanding anything herein contained, Her Power re- Majesty may from time to time, with the advice and consent of Parliament, or with the served to

legislate by advice of Her Majesty's Privy Council, make and establish all such laws as may to her Imperial Act appear necessary for the peace, order, and good government of the said island; provided or Orders in also, that no ordinance imposing any tax within the said island, or appropriating any Council, public money therein, shall take effect until it shall have been ratified by the Combined Court herein-after mentioned; provided also, that no law shall take effect until it shall have been signed by the Governor in token of his assent thereto.

V. The Combined Court shall consist of the members of the said Legislative Council Combined and 12 representatives of the inhabitants of Heligoland who shall be elected in manner Court, bow

composed. herein-after mentioned.

VI. Any male British subject being above the age of 21 years, and of sound mind, and Qualifica- not having been convicted of any crime which by the law of England would amount to tions of re- felony, may be elected representative.

presenta tives.

VII. Every male British subject being above the age of twenty-one years, and of Qualification sound mind, shall be capable of voting for the election of representatives in case he shall of voters. be the owner of any house or land of the value of one pound sterling per annum, or of ships or boats in the following proportions; that is to say, one half of any boat less than a fishing sloop; one fourth of a fishing sloop; one tenth of any full-decked vessel; or shall be in receipt of a fixed yearly income of the amount of four pounds sterling, or shall rent any house or land of the annual value of thirty shillings.

tives.

VIII. The election of representatives, the registration of voters, and the decision of Election of all questions which may arise in respect to the validity or effect of such election or regis- representa tration, shall take place at such time, and shall be conducted in such manner and by such persons as shall be determined from time to time by the Governor and Legislative Council; provided that no representative shall be elected for any longer time than until the first of January next after his election.

IX. No person shall be entitled to sit or vote in the Legislative Council or Combined Oath of Court until he shall have taken the oath commonly called the Oath of Allegiance.

allegiance. Combined

X. The Combined Court shall meet when summoned by the Governor, and may be Court sum-

moned, &c. adjourned, prorogued, or dissolved by him.

by governor,

XI. The Combined Court shall, after its election, before proceeding to any other Chairman. business, elect one of its members to be chairman.

XII. The Combined Court at any meeting thereof shall not proceed to business, or Quoram. adopt any resolution except for the adjournment of the meeting, unless eight members thereof shall be present.

XIII. All questions shall be decided by a majority of votes of members present. In Majority. case the votes shall be equally divided, the presiding member shall have a casting vote.

A 4