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CHAPTER IV.

THE ORDERS IN COUNCIL.

THREE Orders in Council have been issued which affect the Protectorate-viz., the Africa Order in Council, 1889 (15th October, 1889); the Africa Order in Council of 1892 (28th June, 1892); and the Africa Order in Council, 1893 (17th July, 1893).

The first, after reciting that Her Majesty had power and jurisdiction in the parts of Africa mentioned in the Order, and the Foreign Jurisdiction Acts, 1843 to 1878, deals with interpretation of terms used in the Order and the application of the Order. The limits of the Order, by section 4, are the continent of Africa, with the maritime and interior territorial waters and the islands adjacent thereto, but the powers are to be exercised only within and for the local jurisdictions to be constituted for the purposes of the Order. (By Consular Instructions a Secretary of State may constitute, alter, or abolish local jurisdictions, but certain parts of the continent and British possessions are to be excluded from such provisions.)

Section 7 expressly refers to the Protectorate of the Niger Districts in relation to the constitutions of local jurisdictions with reference to the whole or any part of that region. (By Consular Instructions of 1891

the Oil River Protectorate, now styled the Niger Coast Protectorate, is constituted a local jurisdiction.)

The powers conferred by the Order within a local jurisdiction extend, by section 10, "in so far as by treaty, grant, usage, sufferance, or other lawful means, Her Majesty has power," to

(1) British subjects;

(2) Their property within the local jurisdiction, including British ships, and persons and property on board;

(3) Foreigners submitting themselves to the jurisdiction; and

(4) Foreigners whose Government has agreed for or consented to the exercise of jurisdiction over

them.

Subject to the provisions of the Order, the powers to be exercised in a local jurisdiction are to include all Her Majesty's power and authority under the Foreign Jurisdiction Acts. The terms "British subject" and "foreigners" are defined by the interpretation clauses: the first includes a 66 person enjoying Her Majesty's protection" residing and being in the parts of Africa mentioned, and the latter means a person who is not a British subject as defined, whether a native or not. "Native," means a native of Africa not being under Her Majesty's protection, nor the subject of any non-African Power.

Part II. deals with General Law. The jurisdiction is declared to be :

For the judicial hearing and determination of matters in difference between British subjects, or between foreigners and British subjects, or

For the administration and control of the property or persons of British subjects; or

For the repression or punishment of crimes or offences committed by British subjects; or

For the maintenance of order among British subjects.

This jurisdiction is to be exercised, so far as circumstances admit, upon the principles and in conformity with the substance of the law for the time being in force in and for England, and according to the course, procedure, and practice before Courts of Justice and Justices of the Peace in England. Except as to offences under the Order, acts to be punishable must be punishable in England. A Secretary of State is empowered to declare laws and ordinances of any of the African possessions, with modifications and adaptations, shall have effect as if they had been applied by the Order. Under this section various ordinances of the Gold Coast Colony have been adapted and are noticed later.

Provisions of any treaties respecting any place in a local jurisdiction are to have effect as part of the law to be enforced under the Order: effect is to be given to them notwithstanding they may be inconsistent with the law in force in England.

Crimes, offences, wrongs, and breaches of contract against or affecting natives of Africa or foreigners, committed by persons subject to the Order, are cognizable or punishable under the Order with the consent of such natives or foreigners, but no consent by foreigners who are subjects of any of the signatory Powers to the Berlin Act, 1885, is necessary (vide Order in Council of 1892, post); and by Article XVIII. all other powers and authorities therein mentioned are to continue to exist

concurrently and independently of the powers and of the Order (various Acts being referred to).

Part III. relates to the Constitution of the Courts, districts, and places where Courts may be held, and Courts of Appeal. (By the Consular Instructions of 1891 the Supreme Court of the Colony of Lagos is the Court of Appeal for the Protectorate.)

Part IV. relates to the General Powers of the Courts and Procedure.

The Consular Courts are to be Courts of Law and of Equity.

Every Court may promote reconciliation, and encourage and facilitate the settlement in an amicable way of any suit or proceeding, and, with consent of the parties, refer any suit or proceeding to arbitration.

Part V. relates to Special Powers :

Every Court shall be a Court of Bankruptcy, and, as far as circumstances admit, have jurisdiction therein over British subjects and their debtors and creditors, or foreigners submitting to the jurisdiction, as belongs to any judicial authority in bankruptcy in England, but no submission by foreigners, subjects of the signatory Powers to the Berlin Act, is necessary by the Order in Council of 1892.

Every Court shall be a Vice-Admiralty Court, and for vessels and persons coming within the district as ordinarily belongs to Vice-Admiralty Courts in the colonies.

Every Court shall be a Court of Probate, and, as far as circumstances admit with respect to property of British subjects, appearing to have at the time of death a fixed place of abode in the district, shall have jurisdiction as belongs to Probate Courts in England.

ART. XXXIX.-Persons having any testamentary writings of any British subject in their possession are forthwith to deliver the original to the Court and deposit it there.

ART. XL.-Until administration granted, personal property of British subjects in the district is to vest in judge.

ART. XLI. provides for penalty for dealing with property of deceased British subjects without probate or administration.

ART. XLII.-On the death of a British subject without fixed place of abode the Court is to take possession of the personal property, or put it under seal, and so keep it until it can be dealt with according to law.

ART. XLIII.-In cases of apparent intestacies, Court may grant administration to judge or an officer of the Court, and provide for the expenses of administration.

ART. XLIV.-Where the value of the property does not exceed 1007. the Court may, without probate or administration, pay debts and charges, and pay the balance to such persons as a Secretary of State directs.

Part VI. relates to Criminal Law and Procedure. The crimes punishable under the Order are:

(1) Acts or omissions punishable in England on indictment with death, penal servitude, or imprisonment, as treasons, felonies, or misdemeanours.

(2) Acts or omissions declared to be punishable as offences against the Order.

Piracy by British subjects, wherever committed, is within the power of the Court.