1622
THE NEW ZEALAND GAZETTE.
[Nov. 20

with reference to British subjects, to the West-
ern Pacific Islands, with the adaptations following,
namely :-
(a.) In sections two and six of "The Fugitive
Offenders Act, 1843," the High Commissioner's
Court by a Judicial Commissioner shall be deemed
to be substituted for a Judge of a superior Court in
a colony.
(6.) In sections 3, 5, 6, and 7 of that Act the High
Commissioner shall be deemed to be substituted for
the Governor of a colony.
(2.) This article is hereby substituted for Article
50 of the principal order.

Offences out of Jurisdiction.
16. "The Admiralty Offences Colonial Act, 1849,"
or so much thereof as is for the time being in force,
and any enactment for the time being in force amend-
ing or substituted for the same, are hereby extended,
with reference to British subjects charged with
offences, to the Western Pacific Islands, with the
adaptation following, namely:---
In "The Admiralty Offences Colonial Act, 1849,"
the High Commissioner shall be deemed to be sub-
stituted for the Governor of a colony.
17. "The Admiralty Offences Colonial Act, 1860,"
is hereby extended to the Western Pacific Islands,
with such adaptations and modifications that it will
read as follows, namely:-
Where a person, being feloniously stricken,
poisoned, or otherwise hurt, in the Western Pacific
Islands, dies of such stroke, poisoning, or hurt, on
the sea or out of the Western Pacific Islands, then
every offence committed by a British subject in
respect of any such case, whether amounting to mur-
der, or to manslaughter, or to the being accessory
before the fact of the murder, or after the fact to
murder or to manslaughter, may be dealt with, in-
quired of, tried, determined, and punished, in the
Western Pacific Islands, in all respects as if such
offence had been wholly committed in the Western
Pacific Islands.
18. Section 11 of "The Merchant Shipping Act,
1867," is hereby extended to the Western Pacific
Islands, with such adaptations and modifications that
it will read as follows, namely :-
If, out of the waters mentioned in Article 5 of the
principal order, a British subject commits an offence
on board a British ship, or on board a foreign ship
to which he does not belong, the High Commis-
sioner's Court, by a Judicial Commissioner, shall
have jurisdiction to hear and determine the case, as
if the offence had been committed on board a British
ship in those waters.
19. Article 31 of the principal order shall be read
and have effect as if the following words in the first
clause thereof (that is to say), "on a charge for an
offence committed within the Western Pacific Islands,
and not within the jurisdiction of the Admiralty,"
were omitted therefrom; and Article 21 of the prin-
cipal order shall have effect as if the reference in
clause (2) thereof to Article 31 were omitted there-
from.

Local Criminal Jurisdiction.
20. For the purposes of criminal jurisdiction, every
offence and cause of complaint committed or arising
in the Western Pacific Islands shall be deemed to
have been committed or to have arisen either in the
place where the same actually was committed or
arose, or in any place in the Western Pacific Islands
where the person charged or complained of happens
to be at the time of the institution or commence-
ment of the charge or complaint.

Probate and Administration.
21. (1.) Where probate, administration, or confir-
mation is granted in England, Ireland, or Scotland,
and therein, or by a memorandum thereon signed by
an officer of the Court granting the same, the tes-
tator or intestate is stated to have died domiciled in
England, Ireland, or Scotland (as the case may be),
and the probate, administration, or confirmation is
produced to, and a copy thereof is deposited with, the
High Commissioner's Court, the Court, by a Judicial
Commissioner, shall write thereon a certificate of that
production and deposit; and thereupon, notwith-
standing anything in the principal order, the probate,
administration, or confirmation shall, in respect of
the personal property in the Western Pacific Islands
of the testator or intestate, have the like effect as if
he had been resident in the Western Pacific Islands
at his death, and probate or administration to his per-
sonal property there had been granted by the High
Commissioner's Court.
(2.) Any person who, in reliance on an instru-
ment purporting to be a probate, administration, or
confirmation granted in England, Ireland, or Scot-
land, and to bear such certificate of the High Com-
missioner's Court as in this article prescribed, makes
or permits any payment or transfer, in good faith, shall
be, by virtue of this order, indemnified and pro-
tected in respect thereof, in the Western Pacific
Islands, notwithstanding anything affecting the vali-
dity of the probate, administration, or confirmation.
22. Section 51 of "The Conveyancing (Scot-
land) Act, 1874," and any enactment for the time
being in force amending or substituted for the same,
are hereby extended to the Western Pacific Islands,
with the adaptation following, namely:---
In that section the High Commissioner's Court by
a Judicial Commissioner shall be deemed to be sub-
stituted for a Court of Probate in a colony.

Evidence.
23. A document purporting to be executed in the
presence of any person, or to be attested by a witness
or witnesses, whether required by law to be so executed
or attested, or not, may be proved by any person able
to give evidence touching the requisite facts, without
the production or evidence of any person in whose
presence the document was executed or any attesting
witness; but nothing in this article applies to pro-
bate of wills.
24. Sections 7 and 11 of "The Evidence Act,
1851," are hereby extended to the Western Pacific
Islands.
25. The following Acts, namely, "The Foreign
Tribunals Evidence Act, 1856," "The Evidence by
Commission Act, 1859," or so much thereof as is for
the time being in force, and any enactment for the
time being in force amending or substituted for the
same, are hereby extended to the Western Pacific
Islands, with the adaptation following, namely:---
In those Acts the High Commissioner's Court by
a Judicial Commissioner shall be deemed to be sub-
stituted for a Supreme Court in a colony.
26. (1.) Any person who, by reason of any defect
of religious knowledge or belief, is incapable of com-
prehending the nature of an oath, or on whose con-
science the Court is satisfied that the taking of an
oath would have no binding effect, shall, in any
criminal or civil proceeding, instead of taking an
oath, be permitted to make an affirmation or declara-
tion to the effect that he will in that proceeding tell
the truth, the whole truth, and nothing but the
truth.
(2.) Nothing in this article shall prevent any
person from being sworn according to the cere-
monies of his own religion, or in such manner as he
deems binding on his conscience.
(3.) If a British subject who so affirms, declares,
or is sworn, wilfully and corruptly gives false evi-
dence, he shall be guilty of perjury.