CO885(3-4) — Page 156

PUBLIC RECORD OFFICE

Reference :-

། ། ། ། ། ། mmmmmmC.O. 885

4

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE

BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Revocation

of former Order in

Council,

7th January 1864.

( 52 )

unless the same should be sooner revoked or altered by Her Majesty with the advice of her Privy Council: And whereas it is expedient that the said Order in Council should be revoked, and that fresh provision should be made for the government of the said island' in lieu thereof: It is hereby ordered by Her Majesty, by and with the advice of her Privy Council, and in pursuance and exercise of the powers in that behalf vested in Her Majesty, as follows:

ぐ

II. The term "Governor" in this Order in Council shall mean the officer for the time being "Governor" lawfully administering the Government of the Island of Heligoland.

I. The anid recited Order in Council shall be and the same is hereby revoked: Provided always, that nothing herein contained shall be held to invalidate any act or thing done in pursuance or under authority of the said Order in Council.

The term

explained.

Governor

may make

lawa by pro-

clamation, which may be

III. The Governor of Heligoland may from time to time, by any proclamation to be by him issued, make laws for the peace, order, and good government of the Island of Heligoland: Provided that it shall be lawful for Her Majesty, through one of Her Majesty's Principal Secretaries of State, to dis- allow any such laws as aforesaid in the whole or in part, and that any such law or part thereof shall cease to be of any force or effect so soon as the disallowance thereof shall be published in the said disallowed by island by the Governor thereof: Provided also, that notwithstanding anything herein contained, Her Majesty may from time to time, with the advice and consent of Parliament, or with the advice of Her Majesty's Privy Council, make and establish all such laws as may to her appear necessary for the peace, order, and good government of the said island.

Herren

Power

served to

legislate by

Imperial Act

or Orders in Council.

Public seal.

Grants of

land.

Governor

IV, The Governor may keep and use the public seal appointed for the sealing of all things what-

the seal of the said island Boever that shall

pass

V. The Governor may make and execute in Her Majesty's name and on her behalf, under the said public seal, grants and dispositions of any lands which may be lawfully granted or disposed of by her within the said island.

VI. The Governor may constitute and appoint judges, justices of the peace, and other necessary may appoint officers and ministers in the said island, all of whom shall hold their offices during Her Majesty's judges and other officers; pleasure.

may adminis-

ter oaths of office;

Day grant pardons and respite of sentences;

may remit

fines and for

fritures not

exceeding 50%.

Suspension from office.

Executive Council.

Proclamation

of Order in

Council.

VII. The Governor may, as occasion may require, administer, or cause to be administered, unto any such officer as aforesaid, or other person within the said island, the oath commonly called the Oath of Allegiance, and such other oath or oathe as are usually taken for the duc execution of offices and places, and for the clearing of truth in judicial matters.

VIII. The Governor may, as he shall see occasion, in Her Majesty's name, and on her behalf, grant to any offender convicted of any crime in any court, or before any judge, justice, or magistrate within the said island, a free and unconditional pardon, or a pardon subject to such condi- tions as may at any time be lawfully thereunto annexed, or any respite of the execution of the sentence of any such offender for such period as to him may seem fit.

IX. The Governor may, as he shall see occasion, in Iler Majesty's name and on her behalf, remit any fines, penalties, or forfeitures which may accrue or become payable to her, provided the same do not exceed the sum of fifty pounds sterling in any one case, and may suspend the payment of any such fine, penalty, or forfeiture exceeding the said sum of fifty pounds, until Her Majesty's pleasure thereon shall be made known and signified to him.

+

X. The Governor may, upon sufficient cause to him appearing, suspend from the exercise of his office within the said island any person exercising the same under or by virtue of any Commission or Warrant granted, or which may be granted, by Her Majesty, or in her name, or under her authority, which suspension shall continue and have effect only until Her Majesty's pleasure therein shall be made known and signified to the said Governor. And in proceeding to any such suspension, he is to observe the directions in that behalf given to him by any such instructions under Her Majesty's Sign Manual and Signet as may be hereafter addressed to him.

XI. There shall be in the said island, for the purpose of advising the Governor thereof, an Executive Council, which shall be composed of such persons or officers as may from time to time be named or designated, and shall observe such rules in the conduct of business as may from time to time be directed or appointed by or under authority of any instructions addressed to him or them under Her Majesty's Sign Manual and Signet.

XII. This Order in Council shall take effect on a day to be named in any Proclamation to be issued in the Island of Heligoland by authority of the Governor thereof, and shall remain in force until the same shall be revoked or altered by Her Majesty with the advice of her Privy Council

XIII. And the Most Noble the Duke of Buckingham and Chandos, one of Her Majesty's Principal

ARTHUR HELPS. (Signed) Secretaries of State, is to give the necessary directions herein accordingly.

( 53 )

No. 17.

GOVERNOR LIEUTENANT-COLONEL MAXSE, C.M.G., to HIS GRACE THE DUKE OF BUCKINGHAM AND CHANDOS.

MY LORD Duke,

(Received April 15, 1868.) Heligoland, 13th April 1868. I HAVE the honour to report that on Saturday last I read my Commission in due form, as also a translation of Her Majesty's Order in Council, to between 80 and 90 of the more respectable inhabitants summoned for the purpose.

I have further to report that the island is perfectly tranquil, and that it is impossible

to mistake the feeling of satisfaction amongst the general inhabitants at the new arrange. ments instituted by Her Majesty's Order in Council.

I have, &c.,

(Signed)

His Grace the Duke of Buckingham and Chandos,

&c.

?

&c.

&c.

FITZ MAXSE,

Lieutenant-Colonel, &c.

>