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5. The Assembly should elect its chairman and officers.

6. All laws, including those in respect of revenue and expenditure, to originate in and be passed by the Legislative Assembly; but no laws should in any way affect the Municipality of Apia, which for the present may be compared to a free city.

7. No laws to be passed affecting the jurisdiction of Her Britannic Majesty's High Commissioner's Court nor the Consular Courts of other foreign powers, excepting of the nature and to the extent that may be determined by treaty.

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Ordinance No. 13, 1876, provides for the procedure of magistrates' courts in cases within their summary jurisdiction, and for the exercise of their powers within such jurisdiction.

Other Ordinances, such as No. 17 of 1876, make certain offences subject to the summary jurisdiction of magistrates.

PUBLIC RECORD OFFICE

Reference—

C.O.

8855 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

3.

MUNICIPAL COUNCIL.

(1.) The municipal council to consist of nine members, of whom the consuls of the treaty powers should each appoint three, not necessarily their own countrymen.

(2.) All regulations passed by the council under Article III. of the Convention of the 2nd September 1879, before becoming law, to be referred to such consuls, herein- after called the consular board, who should either approve and return such regulations, or suggest such amendments as may be deemed necessary by a majority of such board.

(3.) Should such amendment not be accepted by the council, the consular board the cupon to appoint a day (not later than one month from the date of such appointment) for the further consideration by the council of the proposed amendments.

Should the suggested amendments of the consular hoard be adopted, the amended regulation thereupon to become law; provided always that any regulation, as originally proposed, should become law if passed by a majority of two thirds of the full council at any meeting subsequent to the day appointed as aforesaid ; and provided further that such regulation did not conflict with the jurisdiction of the high commissioner's or consular courts of which the board should be the sole judges.

The chief magistrate of Samoa to be the magistrate for the municipality of Apia. He should have jurisdiction over all persons whatsoever in respect of breaches of the municipal regulations, and in respect of such other matters as may be conceded by the powers possessing treaty relations with Samoa.

Excepting as regards matters so conceded the municipal magistrate should have no jurisdiction over subjects or citizens of either of the treaty powers, or over any persons properly under their protection, in respect of things provided for by any Act or Order in Council heretofore or hereafter to be passed by either of such powers under treaty rights establishing consular or other courts of judicature in the Samoan Islands.

No. 57.

NEW GUINEA PROTECTORATE.

PROPOSALS OF H.M. GOVERNMENT.

AFTER full consideration of the annexed correspondence respecting New Guinea, Her Majesty's Government have decided to propose to Parliament, in the event of satis- factory arrangements being concluded with the Colonies concerned in regard to financial and administrative details, a grant in aid of the first establishment of British sovereignty and protection.

Adhering to the offer made in 1885, they propose that the Imperial contribution should represent the cost of a suitable steamship, with provision for its maintenance during the first two or three years. Estimating the cost of the vessel at a sum not exceeding 18,500., and the cost of maintenance to be about 3,500l. per annum, the grant to be proposed would be about 29,0007.

There are two principal conditions as to which it would be necessary for Her Majesty's Government to be in a position to give satisfactory assurances to Parliament when the vote is asked for, viz. :——

1. That the Colonies interested, or some or one of them, secure by enactment, in terms to be approved by Her Majesty's Government, the annual sum of 15,000l. in aid of the expenses of the New Guinea administration and protectorate; such portion only of that sum to be drawn and expended in each year as Her Majesty's Government may decide to be necessary.

2. That due provision is made for the protection of the natives in the occupation of their lands, no alienation of native lands being permitted except upon the express recommendation of the Administrator.

Sir S. Griffith's scheme for the administration of the country appears to Her Majesty's Government to be generally well considered, and to afford a good basis of settlement.

Colonial Office,

March 1887.

Enclosure 20.

JURISDICTION of STIPENDIARY MAGISTRATES in FIJI.

1. Civil. Ordinance, No. 14, 1876, for the establishment of a Supreme Court of judicature in the Colony of Fiji, with full civil and criminal jurisdiction. Sec. 34 empowers the Chief Justice to appoint commissioners of the Supreme Court, with such jurisdiction as may be prescribed by rules for regulating the procedure of the Supreme Court.

Rules made under the Supreme Court Ordinance, 1875, for regulating the summary procedure of the Supreme Court.

Rule 3. Where the subject matter of the action is of a less amount than 50, the action shall be heard and determined in a summary way.

Rule 7. Every stipendiary nagistrate shall, within his district, be a commissioner of the Supreme Court, with jurisdiction to the extent limited by these rules.

2. Criminal. Ordinance No XXIII, 1876, provides for criminal law and procedure of the Supreme Court in its criminal jurisdiction.

Ordinance No. 5, 1876.

Sec. 1 provides for the appointment of stipendiary magistrates.

Sec. 6 gives

stipendiary magistrates of Fiji the same jurisdiction as that possessed by one or more

justices of the peace or by any court of petty sessions.

Ordinance No. 12, 1876, provides for the procedure of magistrates' courts in cases of indictable offences and commitment for trial by the Supreme Court.

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