British and Foreign State Papers

thereof subject to such conditions and qualifications, if any, as may be deemed expedient:

And whereas it has been made to appear to Her Majesty that due facilities are given for recovering and apprehending seamen who desert from British merchant-ships in the territories of His Majesty the King of the Hellenes:

Now therefore Her Majesty, by virtue of the powers vested in her by the said "Foreign Deserters Act, 1852," and by and with the advice of her Privy Council, is pleased to order and declare, and it is hereby ordered and declared, that from and after the publication hereof in the "London Gazette," seamen, not being slaves and not being British subjects, who, within Her Majesty's dominions, desert from merchant-ships belonging to the Kingdom of Greece, shall be liable to be apprehended and carried on board their respective ships :

Provided always, that if any such deserter has committed any crime in Her Majesty's dominions he may be detained until he has been tried by a competent Court, and until his sentence (if any) has been fully carried into effect.

And the Secretaries of State for India in Council, the Home Department, and the Colonies, are to give the necessary directions herein accordingly.

C. L. PEEL.

BRITISH ORDER IN COUNCIL, for the Apprehension and Delivering up of Seamen Deserters from the Merchant- Vessels of Tunis in the British Dominions.*-Windsor, May 17, 1876.

At the Court at Windsor, the 17th day of May, 1876. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by the "Foreign Deserters Act, 1852" [cap. 26],† it is provided that whenever it is made to appear to Her Majesty that due facilities are or will be given for recovering or apprehending seamen who desert from British merchant-ships in the territories of any foreign Power, Her Majesty may, by Order in Council, stating that such facilities are or will be given, declare that seamen not being slaves who desert from merchant-ships belonging to such Power when within Her Majesty's dominions shall be liable to be apprehended and carried on board their respective ships, and may limit the operation of such Order, and may "London Gazette," May 23, 1876. + Vol. XLI. Page 680.

render the operation thereof subject to such conditions and qualifications, if any, as may be deemed expedient:

Now therefore Her Majesty, by virtue of the powers vested in her by the said "Foreign Deserters Act, 1852," and by and with the advice of her Privy Council, is pleased to order and declare, and it is hereby ordered and declared, that from and after the publication hereof in the "London Gazette," seamen, not being slaves and not being British subjects, who, within Her Majesty's dominions, desert from merchant-ships belonging to the Regency of Tunis, shall be liable to be apprehended and carried on board their respective ships:

And the Secretaries of State for India in Council, the Home Department, and the Colonies, are to give the necessary directions herein accordingly.

C. L. PEEL.

BRITISH ORDER IN COUNCIL, for the Apprehension and Delivering up of Seamen Deserters from the Merchant-Vessels of the Hawaiian Islands in the British Dominions.t-Balmoral, October 23, 1876.

At the Court at Balmoral, the 23rd day of October, 1876. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by "The Foreign Deserters Act, 1852" [cap. 26],‡ it is provided that whenever it is made to appear to Her Majesty that due facilities are or will be given for recovering or apprehending seamen who desert from British merchant-ships in the territories of any foreign Power, Her Majesty may, by Order in Council, stating that such facilities are or will be given, declare that seamen, not being slaves, who desert from merchant-ships belonging to such * See Article XXXII of Treaty of 19th July, 1875. Vol. LXVI. Page 93. + "London Gazette," October 27, 1876.

Vol. XLI. Page 680.

Power, when within Her Majesty's dominions, shall be liable to be apprehended and carried on board their respective ships, and may limit the operation of such Order, and may render the operation thereof subject to such conditions and qualifications, if any, as may be deemed expedient:

Now therefore Her Majesty, by virtue of the powers vested in her by the said "Foreign Deserters Act, 1852," and by and with the advice of her Privy Council, is pleased to order and declare, and it is hereby ordered and declared, that from and after the publication hereof in the "London Gazette," seamen, not being slaves and not being British subjects, who, within Her Majesty's dominions, desert from merchant-ships belonging to the Kingdom of Hawaii, shall be liable to be apprehended and carried on board their respective ships:

And the Secretaries of State for India in Council, the Home Department, and the Colonies, are to give the necessary directions herein accordingly.

C. L. PEEL.

BRITISH LETTERS PATENT, appointing the Governor of the Colony of the Cape of Good Hope to be Governor of the Island of Ichaboe and the Penguin Islands, and authorizing the Annexation of the aforesaid Islands to that Colony.Westminster, February 27, 1867.

VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to all to whom these presents shall come, greeting:

Whereas the Island of Ichaboe, on the south-west coast of South Africa, was on the 21st day of June, 1861, duly taken possession of for us and on our behalf;

And whereas on the 5th day of May, 1866, certain other islands, islets, and rocks on the said south-west coast of South Africa, that is to say, Hollandsbird, Mercury, Long Island, Seal Island, Penguin

Island, Halifax Possession, Albatross Rock, Pomona, Plum-pudding and Roast Beef or Sinclair's Island, which said islands, islets, and rocks are hereinafter called the Penguin Islands, were also duly taken possession of for us and on our behalf;

And whereas, by Proclamation, dated the 16th day of July, 1866, by his Excellency Sir Philip Edmund Wodehouse, Governor and Commander-in-chief of our Colony of the Cape of Good Hope, and of the territories and dependencies thereon and Vice-Admiral of the same, the said Island of Ichaboe and the said Penguin Islands were declared to be annexed to, and to form part of, the said Colony of the Cape of Good Hope;

And whereas doubts are entertained touching the legality of the said annexation of the said Island of Ichaboe and the said Penguin Islands by Proclamation, and it is expedient that such doubts should be removed;

And whereas it is further expedient that the said Island of Ichaboe and the said Penguin Islands should be annexed to, and form part of, the said Colony of the Cape of Good Hope, if the Legislative Council and House of Assembly thereof should desire such annexation;

And whereas it is expedient that, until such annexation, the affairs of the said Island of Ichaboe and of the said Penguin Islands should be administered by a Governor, to be for that purpose appointed by us;

Now know ye, that in consideration of the premises, we, of our special grace, mere motion, and certain knowledge, have thought fit to constitute and appoint, and by these presents do constitute and appoint, the Governor and Commander-in-chief for the time being of our said Colony of the Cape of Good Hope to be the Governor of the said Island of Ichaboe and Penguin Islands, and we do hereby invest in him all the powers and authorities which by these presents are given and granted to the Governor for the time being of the said Island of Ichaboe and Penguin Islands.

And we do hereby further declare our pleasure to be, that in the event of the death or incapacity of the said Governor and Commanderin-chief of the said Colony of the Cape of Good Hope, or, in the event of his absenting himself from the said Colony otherwise than for the purpose of visiting the said Island of Ichaboe or the said Penguin Islands, then and in either of these cases the officer for the time being who may be administering the Government of the said Colony of the Cape of Good Hope shall be and he is hereby constituted and appointed Governor for the time being of the said Island of Ichaboe and Penguin Islands.

And we do hereby further authorize and empower the said Governor of the said Island of Ichaboe and the Penguin Islands to

make all such rules and regulations as may lawfully be made by our authority for the order, peace, and good government of the said Island of Ichaboe and Penguin Islands, subject, nevertheless, to any instructions which may from time to time be hereafter given him under our sign manual and signet, or through one of our Principal Secretaries of State.

And we do hereby further authorize and empower the said Governor of the said Island of Ichaboe and Penguin Islands, so long as he shall be Governor thereof, by any instrument under his hand and seal, to make leases and other dispositions for a term or terms of years, of any of the said Islands of Ichaboe or Penguin Islands, as aforesaid, or any part or parts thereof, and to issue licences authorizing the person or persons designated therein to take guano or other fertilising substances or produce from the said. Islands of Ichaboe or Penguin Islands, or any of them, and to insert in such leases, dispositions, or licences, as the case may be, all such reservations by way of rent, or royalty, or otherwise, and all such conditions, exceptions, and stipulations as may to him seem advisable: Provided always that, in the execution of the powers hereby conferred on him, he shall conform to such instructions as he may from time to time receive from us, under our sign manual and signet, or through one of our Principal Secretaries of State.

And we do hereby further authorize and empower the said Governor, as he may deem expedient, under his hand and seal, to confirm any grant, disposition, lease or licence, which may have been made or issued before the date of these presents, to any person or persons in respect of the said Island of Ichaboe or the said Penguin Islands, or any of them, or any part thereof, by any Governor of the said Colony of the Cape of Good Hope, or to accept a surrender of any such grant, disposition, lease, or licence, and to make and issue any new disposition, lease, or licence to the persons surrendering the same, or their nominees, under the powers and in the manner hereinbefore declared.

And we do hereby further declare our pleasure to be that if at any time hereafter the Legislative Council and House of Assembly of the said Colony of the Cape of Good Hope shall, by resolution or otherwise, request the said Governor of the said Island of Ichaboe and Penguin Islands to transfer the same to the said Colony of the Cape of Good Hope, for the purpose of their being annexed to and forming part of the said Colony, and shall by law provide that upon such transfer and annexation all laws which may be in force in the said Colony on the day on which the said Island of Ichaboe and Penguin Islands shall be annexed thereto shall immediately upon such annexation take effect and be in force in and upon the said islauds so annexed, then the said Governor shall, and he is hereby

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