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place out of Her Majesty's dominions, in which Her Majesty has jurisdiction, and which is named in the Order, were a British possession, and to provide for carrying into effect such application.

And whereas by the 12th Section of the same Act it is enacted that Part II. of that Act shall apply only to those groups of British possessions to which by reason of their contiguity, or otherwise, it may seem expedient to Her Majesty to apply the same by Order in Council as therein mentioned.

And whereas the Western Pacific Orders in Council of 1877 and 1879 have been made by Her Majesty in Council, with reference to the Pacific Islands which are therein designated; and whereas an Order in Council, dated August 23rd, 1883, has been made by Her Majesty in Council, under the 12th Section aforesaid, applying Part II. of the Fugitive Offenders Act to New South Wales, Victoria, South Australia, Queensland, New Zealand, Tasmania, Western Australia, and Fiji.

And whereas it seemeth to Her Majesty in Council expedient and fit to declare that this Order should be made.

Now therefore Her Majesty by virtue, and in exercise of the powers, in that behalf by the Pacific Islanders Protection Acts, 1872 and 1875, the Foreign Jurisdiction Acts, 1843 to 1878, the Fugitive Offenders Act, 1881, and any Act or Acts enabling Her Majesty in that behalf, or any of the Acts aforesaid, or any other power or authority enabling Her Majesty so to do, by and with the advice of Her Majesty's most honourable Privy Council, is pleased to order, as it is hereby ordered, as follows:-

1. This Order may be cited as the Western Pacific Order in Council, 1884, and the Western Pacific Orders in Council of 1877 and 1879 and this Order may be cited collectively as the Western Pacific Orders in Council, 1877 to 1884, and shall be deemed to constitute one Order in Council.

2. Subject to the provisions of this Order the Fugitive Offenders Act, 1881, shall apply as if the Western Pacific Islands were a British Possession within the meaning of the said Act.

3. In the Fugitive Offenders Act, 1881, as hereby applied to the Western Pacific Islands, unless the context otherwise requires--

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The expression British Possession under one Legislature.

""

means the Western Pacific as if they were

The expression "Governor means the High Commissioner, or the person for the time lawfully acting as High Commissioner or a Deputy Commissioner.

The expression "Superior Court" means the High Commissioner's Court; and the expression "Judge of a Superior Court" means a member of the High Commissioner's Court.

The expression "offence punishable on indictment" means an offence cognizable and punishable under the Western Pacific Order in Council of 1877, or any order amending or adding to the same.

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"

The expression Magistrate means any person having power under the Western Pacific Order in Council of 1877, to make an order that an accused person be tried by the court with assessors, or to try an accused person by summary trial.

4. Part II. of the Fugitive Offenders Act, 1881, shall apply to the group formed by the British Possessions named in the said Order in Council of August 23, 1883, and the Western Pacific Islands.

5. Paragraph 15 of the Western Pacific Order in Council, 1879, is hereby repealed, save as to anything done thereunder, or any proceeding now pending and not discontinued after the date of this Order.

6. Any enactment hereafter coming into force amending the Fugitive Offenders Act, 1881, or substituted for the same, or any part thereof, shall, unless and until otherwise ordered by Order in Council, apply to the Western Pacific Islands.

No. 26,

(BAHAMAS)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

We were honoured with your Lordship's commands, signified in Mr. Wingfield's

Royal Courts of Justice, 7th November 1884, letter of the 1st instant, stating that he was to transmit to us the accompanying copy of an Act passed by the Legislature of the Bahamas, entitled Making and Possession of Explosive Substances, and for other purposes."

"An Act to regulate the That it appeared to your Lordship that the Colonial Legislature had exceeded its powers in treating acts done out of the Colony with intent to cause explosions in the Colony as crimes punishable in the Colony.

That our opinion was requested on that point, and as to the desirability of amending the Act by limiting its operation to acts done in the Bahamas.

In obedience to your Lordship's commands we have the honour to

Report

That we are of opinion that the Colonial Legislature has exceeded its power in treating acts done out of the Colony with intent to cause explosions in the Colony as crimes punishable in the Colony. We think the Act should be amended by limiting its operation to acts done in the Bahamas.

The Right Hon. the Earl of Derby,

&c.

&c.

&c.

(Signed)

We have, &c.,

HENRY JAMES. FARRER HERSCHELL.

(Initialled)

ialled)

H. J. F. H.

▲ 15927.-11. 35.-19/85.

PUBLIC RECORD OFFICE

Reference :--

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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