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Fiji Islands - FLR Volume 1 - Index |
THE
FIJI LAW REPORTS
VOLUME I
1876-1897
INDEX
Page
ADMIRALTY-Jurisdiction-Action in rem-Order in Council, 28th November, 1876-Statute 26 Vict. c. 24, ss. 2, 10, 11-Statute 24 Vict c. 10, s. 6 - Supreme Court Ordinance 1875 - Damage done by ship - Breach of duty of master of ship - Costs.
In an action in rem brought in the Vice-Admiralty Court of Fiji for damages for breach of contract or duty on the part of the master and owners of the ship involving injury to cargo,-
Held, that the Court had no jurisdiction to entertain the petition, the case not coming within s. 10 of the Vice-Admiralty Court Act, 1863, and the present proceedings could not now be transferred to the Supreme Court of Fiji as it had no Admiralty jurisdiction conferred upon it by the Supreme Court Ordinance 1875. As no objection to jurisdiction had been taken on the pleadings the question of costs was specially dealt with.
6
2. - Seamen's actions for Wages - Maritime lien - Statutory lien - Priority - Customs Regulation Ordinance 1895, s. 49.
The seamen of a ship having obtained an order for its sale in an action against the owners for wages, and the vessel having been sold and the proceeds paid into Court in order to determine the priority of the various claimants,-
Held, that, after payment of certain costs and charges, the statutory lien of the Collector of Customs for expenses incurred under s. 49 of the Customs Regulation Ordinance 1895 takes precedence of the maritime lien of the seamen for unpaid wages; and this maritime lien, again, takes precedence of a claim for necessaries supplied on the order of the master of the ship.
340
APPEAL- Case stated - Appeals Ordinance 1876 s. 11 - Polynesian Immigration Ordinance 1877 ss. 42, 97 98 - "Indentured."
On an appeal by way of a case stated from the decision of the Chief Police Magistrate dismissing an information brought by the Agent-General of Immigration on behalf of certain Polynesian labourers against the owners of a store to recover wages owing by the lessees of such store who had failed to pay such wages,-
Held, firstly, that an appeal lies under s. 11 of the Appeals Ordinance 1876, by way of a case stated from the decision of a magistrate dismissing an information. Secondly, that under the Polynesian Immigration Ordinance 1877 the wages of labourers indentured under that Ordinance and employed by the lessees of a plantation do not operate as a charge upon such plantation unless the owners thereof have authorised, expressly or impliedly, such employment.
Held, further, that the words "shall have been indentured " in s 98 mean legally indentured, or, in other words, duly indentured.
144
2. - Case stated - Appeals Ordinance 1876, s. 11 - Real Property Ordinance 1876, ss. 49, 117 - Ordinance XV. of 1889, s. 1 - Trespass.
An appeal lies on a case stated under s. 11 of the Appeals Ordinance 1876 from the decision of a stipendiary magistrate dismissing a prosecution. Agent-General of Immigration v. J. C. Smith & Co. (p. 144) approved.
A lessee in possession under an unregistered lease may take proceedings for trespass where such trespass has been committed by his lessor.
Quære, when such trespass has been committed by a stranger.
333
3. - Grounds of appeal - Appeals Ordinance 1876, ss. 5, 6, 12 - Schedule, Form A - Publicans Ordinance 1884, s. 9.
Held, The grounds of appeal given in a notice of appeal must be fully and clearly stated therein, and any distinct variance in such grounds from those alleged in the petition will be fatal.
Semble that such variance cannot form the subject of amendment under s. 12 of the Appeals Ordinance 1876.
235
4. - Deputy Commissioner's Court at Samoa - Pacific Order in Council, 1877, Art. 54, 55, 109, 122, 139, 155.
No appeal lies to the Supreme Court, of Fiji from an order made under Art. 139 of the Western Pacific Order in Council, 1877, such right of appeal being expressly limited by the provisions contained in Art. 54, 55, and 109 to 122 of the Order.
245
- To Supreme Court of Fiji from High Commissioner's Court for the Western Pacific -
See High Commissioner's COURT FOR THE western PACIFIC 1, 2, 3.
28, 125, 161
- From conviction under Customs Ordinance 1881, ss 71, 98 -
See CUSTOMS 1.
230
- From dismissal of information under Customs Ordinance 1881, ss. 90(4), 100 -
See CUSTOMS 2.
320
- As to Legality of rates -
See RATE
348
- From conviction by Provincial Court -
See provincial COURT.
358
- From conviction under Quarantine Ordinance 1880, s. 13 -
See QUARANTINE.
300
BOUNDARIES-Of town of Suva -
See SUVA TOWN BOARD
252
CAVEAT -Removal of, under Real Property Ordinance 1876 -
See REAL PROPERTY.
259
- Under s. 20 of Ordinance XXV. of 1879 -
See SPECIFIC PERFORMANCE.
102
CHARGE-No preferential charge upon land for interest on immigration ion debts -
See IMMIGRATION. 3.
307
- Statutory charge on lands for wages under Immigration Ordinances -
See IMMIGRATION 2, 3, 4.
115, 279, 307
- Statutory charge on leased lands for wages under Polynesian Immigration Ordinance 1877 -
See APPEAL
144
CHARTER OF COLONY-Deed of Cession-
See SUPREME COURT OF FIJI. 3.
1
COLONIAL GOVERNMENT- Liability of for breach of contract-
See CROWN.
219
CONSUL - Privilege of, in action of tort-
See SUPREME COURT OF FIJI 1; and DEPORTATION.
15,24
COSTS-Application for, after trial-
See PRACTICE. 1.316
-Crown ordered to pay costs occasioned by delay in action for refusing to issue Crown grant-
See PRACTICE 2.
80
- In Vice-Admiralty Court-
6
- Liability of public officer to-
See IMMIGRATION 5.211
- Of application when summons in insufficient-
See REAL PROPERTY.259
- on appeal from High Commissioner's Court in Samoa to Supreme Court of Fiji-
See High Commissioner's COURT FOR THE WESTERN PACIFIC. 3.
161
- Power of Lands Commission to award-
See LANDS COMMISSION.
11
- Procedure for reviewing taxation of-
See PRACTICE. 3.
311
CRIMINAL LAW - Certiorari - Native Regulation II. of 1877, s. 9 - Warrant or Summons - Costs.
A stipendiary magistrate, sitting in a Provincial Court, had sentenced a native Fijian to a month's imprisonment for disobedience to a "summons." On proceedings by certiorari being taken to quash the conviction on the ground that no imprisonment could be inflicted for disobedience to a summons in the first instance- the word " warrant," only appearing in the English version of the Native Regulation, though in the native version the words were " summons or warrant,"-
Held, that, inasmuch as by Native Regulation punishment is awarded for disobedience to a "summons", the stipendiary magistrate had jurisdiction, and, therefore the certiorari must be suspended, but, under the circumstances without costs.
Semble that the Fijian copy of the Native Regulations should be deemed to be the original.
296
2. - Crown Cases Reserved - Criminal Procedure Ordinance 1875, ss. 3, 9, 13, 15 - Defect in information - Amendment.
The dating of an information although required by s. 9 of the Criminal Procedure Ordinance 1875, is not a condition precedent to its validity. Its omission therefore, is a defect in form only which may be amended and does not constitute a good ground for moving in arrest of judgment.
285
3. - Crown Cases Reserved - Escaping from Gaol - Statute 14 & 15 Vict. c 100, s. 29 - Prisons Ordinance 1884, s. 18 - Proclamation of Gaol.
A stipendiary magistrate has only authority to send prisoner to undergo his sentence to a proper gaol. If a prisoner escapes from a place of confinement which under the Prisons Ordinance 1884 had not been properly constituted a prison at the time of his escaping therefrom he cannot be convicted of the offence of escaping from gaol or from lawful custody.
265
4. - Procedure for criminal offences under Western Pacific Order in Council, 1893 Art. 15, 66 - indictable Offences Ordinance 1876, s. 4 - Criminal Procedure Ordinance 1875, s. 5.
The Supreme Court of Fiji has under Art. 15 or the Western Pacific Order in Council 1893, original jurisdiction to hear and determine any civil or criminal matter arising at any place within the limits of the Order, and may do so according to the procedure usual in Fiji or according to the procedure under the Order. A British subject may, if found in Fiji, be committed for trial by a stipendiary magistrate there for an offence wherever committed if such offence be one cognisable by the Supreme Court.
355
- Charging felony and misdemeanour in the same indictment in High Commissioner's Court for the Western Pacific-
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 1.28
- Jurisdiction of High Commissioner's Court for the Western Pacific in criminal cases-
See HIGH COMMISSIONAIRES COURT FOR THE WESTERN PACIFIC. 1.28
CROWN - Action against, for breach of contract - Agency - Provincial Department - Liability of Colonial Government - Petition of Rights Act, 1860 - Stamp Ordinance 1883.
The Colonial Government is liable for breach of contract entered into by the Native Commissioner on behalf of certain Fijians though not for public service, the Provincial Department being held to have acted in such a case as agent for undisclosed principals.
219
CROWN GRANT- Old Supreme Court of Fiji
- Lands Commission
See LANDS COMMISSION11
- Representation of native owners in action against Colonial Government for refusal to issue-
See PRACTICE. 2.
80
CUSTOMS- Appeal - Customs Ordinance 1881, ss. 71, 98 - Schedule to Ordinance XIII. of 1888 - Conviction - Forfeiture of dutiable goods.
On a conviction under s. 71 of the Customs Ordinance 1881, imposing fine and imprisonment for being improperly in possession of dutiable goods, and also involving forfeiture of such goods to the Crown,
Held, that such order of forfeiture should not be stated in the conviction, the proceedings for forfeiture being a separate and subsequent proceeding.
Semble, that the nature of the dutiable goods should be specifically mentioned both in the information and in the conviction, though its absence may not be sufficient ground for setting aside the conviction.
230
2. - Case stated - Appeals Ordinance 1876, ss. 3, 11 - Customs Ordinance 1881, ss. 90(4), 100 - Forfeiture.
An appeal lies by way of a case stated under s. 11 of the Appeals Ordinance 1876, from the dismissal of a prosecution although the amount involved is under 5l., s. 3 of that Ordinance only referring to cases of conviction and fine. The Chief Police Magistrates having declined to make an absolute order of forfeiture of tobacco imported contrary to the provisions of s. 90 (4) of the Customs Ordinance 1881, there being no suggestion of fraud,
Held, that the prohibition in that section was not an absolute one, but only one sub modo, and that the magistrate, accordingly, had a discretion under s. 100 whether he would order a forfeiture or not.
320
-Priority of Collector of Customs' lien for expenses under s. 49 of the Customs Regulation Ordinance 1895, over maritime liens.
See ADMIRALTY 2
340
DAMAGES- Measure of, in action, for Breach of Contract for Sale of Land - Crown Grant - Lands Commission.
In an action for breach of contract to sell certain land for which defendant had accepted the price, but which the Lands Commission determined he had no title to or authority to dispose of, no fraud being suggested,
Held, following the rules of the English law upon the subject, that the measure of damages was not the loss of any benefit the plaintiff might have obtained on a resale from the enhanced value of the land, but must be limited to putting him in the same condition in which he was before the contract was made together with any costs he might have been put to by the defendant selling him land to which he could give no title.
Quære, whether such rules would apply where the title to the land is under the Real Property Ordinance 1876.
68
- Measure of, in action in the High Commissioner's Court for the Western Pacific for trespass upon land in Samoa-
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 3.
161
DEED OF CESSION OF COLONY
See SUPREME COURT OF FIJI. 3.
1
DEPORTATION - Action for assault and wrongful arrest and imprisonment in Samoa - Privilege of Consul - Notice of action - Jurisdiction.
In an action in the Supreme Court of Fiji brought against the British consul at Samoa for damages for the wrongful arrest and imprisonment of a British subject in that country,
Held, that the consul was answerable in such action, and that he had no power by virtue of his office to deport a British subject from Samoa.
Held, further, that he was not entitled, independently of legislative enactment, to a month's notice of action.
24
EMPLOYER- Liability of, for return-passages of immigrants-
See IMMIGRATION. 5.
211
EXECUTION CREDITOR - Rights of, in sequestration of Joint Stock Company
See SEQUESTRATION OF JOINT STOCK COMPANY
108
FENCING OF LANDS - Liability of adjoining owners to fence lands - Fences (Dividing) Act, New South Wales (9 Geo. IV. No. 12) - Ordinance No. I. of 1875 - Ordinance No. II. of 1875 - Proclamation (adopting laws of New South Wales) 14th October, 1874 - Supreme Court Ordinance 1875, ss. 26-28 - Resolution of Council, 11th March, 1876.
On an action brought under the Fences (Dividing) Act of New South Wales (9 Geo. IV. No. 12), to compel an adjoining owner to pay half the cost of erecting a dividing fence,
Held, that even supposing the Fences (Dividing) Act of New South Wales to be in force in Fiji (which, in the opinion of the Court, it was not), its provisions could only apply to the case where the fencing was necessary for the convenience of both properties, which was not the case here.
90
FOREIGNER - Meaning of term in Western Pacific Order in Council, 1877, Art. IV. (6) -
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 2.
125
FORFEITURE-Of dutiable goods under Customs Ordinance 1881
See CUSTOMS. 1.
230
- Of prohibited goods under Customs Ordinance 1881
See CUSTOMS 2.
320
GAOL- _Escaping from-Proclamation of Gaol
See CRIMINAL LAW. 3.
265
GILBERT ISLANDS-Criminal offences in
See SUPREME COURT OF FIJI. 2.
327
GROUNDS OF APPEAL- Essentials of
See APPEAL. 3.
235
HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC- Jurisdiction - Western Pacific Order in Council, 1877, Art. 17, 23, 40, 54, 55, 219, 225, 229 - Merchant Shipping Act, 1854, s. 267 - Merchant Shipping Amendment Act, 1855, s. 21 - Foreign Jurisdiction Act, 1843 - Statute 9 Geo. IV. C. 83 - Pacific Islanders Protection Acts, 1872 and 1875 - Statute 14 & 15 Vict. C. 100, s. 12.
The appellant, a British subject residing at Samoa who had, with others, determined at a public meeting to lynch a certain person then lying under a charge of murder and committed for trial to the United States - which purpose was subsequently carried out - was tried, with two others, in the High Commissioner's Court at Samoa for murder, and also, on a separate count in the same indictment, for conspiracy to murder. On the preliminary enquiry the two others were discharged; and the appellant was subsequently convicted of the conspiracy and sentenced to one year's imprisonment, but acquitted on the charge of murder.
Held, on appeal to the Supreme Court of Fiji, (i) That the High Commissioner's Court at Samoa had jurisdiction under the Western pacific Order in Council, 1877, notwithstanding such order had not been proclaimed until after the commission of the offence. (ii) That conspiracy to murder, being an offence known to English law, could be tried under the Order in Council in the British Court at Samoa, notwithstanding the absence of any local law on the subject. (iii) That the appellant was rightly convicted, notwithstanding that a count for felony (upon which he was acquitted) was charged in the same indictment bas that upon which he was convicted of misdemeanour, and that even if objection lay to such indictment it should have been taken at the trial. (iv) That an unlawful agreement come to at a public meeting may constitute a conspiracy.
28
2.- Jurisdiction of, in action for damages for trespass upon and recovery of possession of land - Western pacific Order in Council, 1877, Art. 4 (6), 5, 6, 57, 58, 65, 121(3), 145 - Schedule, 276, 280, Form 44-Treaty of Samoa of 28th August, 1879, ss. 4, 5 - Pacific Islanders Protection Act, 1875, s. 6 - "Foreigner" - Statutes 13 Eliz; c. 5; 27 Eliz. c. 4.
In an action for damages for trespass upon and for the recovery of the possession of land brought in the Deputy Commissioner's Court. at Samoa by a native with three others who were British subjects,
Held, on appeal to the Supreme Court of Fiji, that such an action would lie, and that although the Order in Council might not confer the actual power to enforce a decree for possession of land, even as between British subjects, the Court could nevertheless decide the right to its possession, leaving it to the successful party to enforce the order, if necessary, by any means open to him under the Order in Council, or otherwise. Secondly, that the defendants, having a permanent business establishment in Samoa, although not personally resident there, were "within the Pacific Islands," and, as such, were properly before the Court.
Semble, that the term "foreigner" in Art IV. (6) must be intended to refer to the subject of a foreign "State" and not to a native of Samoa or other country under the provisions of the Western Pacific Order in Council, 1877.
125
3. - Jurisdiction of, in action for trespass upon and for recovery of possession of land - Measure of damages for trespass - Appeal from High Commissioner's Court in Samoa - Advocate's right of audience - The Foreign Jurisdiction Acts, 1843-1875-The Pacific Islanders Protection Acts, 1872 and 1875 - The Western Pacific Order in Council, 1877, Art. 17-19, 57, 91, 110, 112, 114, 116, 129, 136, 265 - Treaty between Great Britain and Samoa of 28th August, 1879, Art. 3, 5, 6-Costs.
The Court of the High Commissioner for the Western Pacific at Samoa has, by virtue of the Western Pacific Order in Council, 1877, Art. 17-19, and of Art. 3 and 5 of the treaty between Great Britain and Samoa of 28th August, 1879, jurisdiction to entertain all action between British subjects for trespass to, and for the recovery of possession of lands in Samoa The Deputy-Commissioner at Samoa is, for the purpose of his bankruptcy jurisdiction, only a judge of limited and inferior jurisdiction, and beyond issuing a summons and appointing an interim receiver, can only act under the direction of a Judicial Commissioner.
Held, on appeal, that in such an action the proper measure of damages for the pecuniary loss sustained is the gross annual value of the plantations at the time they were taken possession of, together with a substantial sum by way of penal damages for the personal wrongs and injuries by reason of the wrongful trespass.
Semble, that an advocate of another British possession who has conducted a case in a Court below from which an appeal lies to the Supreme Court of Fiji has no claim as of right to be beard upon such appeal, though he may properly be allowed audience as a matter of courtesy upon application being made for that purpose.
161
4. - Jurisdiction of Royal Prerogative - Foreign Jurisdiction Act, 1843 - Pacific Islanders Protection Acts, 1872, 1875 - Western Pacific Order in Council, 1877.
Her Majesty the Queen has jurisdiction and power by virtue of Her Royal prerogative and of inherent right, independently of the Foreign Jurisdiction Acts and the Pacific Islanders Protection Acts, 1872 and 1875, to make laws for the government of Her subjects within the Western Pacific Islands by Order in Council.
Further, that the Pacific Islanders Protection Acts and the Orders in Council issued in respect of them are not restricted in their application to offences committed by British subjects against Pacific Islanders, but apply also to, offences committed by British subjects inter se.
155
- Jurisdiction of Supreme Court of Fiji to amend proceedings in -
See SUPREME COURT OF FIJI. 2.
327
IMMIGRATION - Immigration Debt-Penalty by way of Interest-Polynesian Immigration Ordinance 1877, s. 97.
As the penalty imposed by s. 97 of the Polynesian Immigration Ordinance 1877 does not accrue until after the defendant has failed to pay an immigration debt for three months, such penalty or interest cannot be calculated on the amount of such indebtedness during the first three months.
122
2. - Statutory charge for Immigration Debts - Interest - Indenture - Absent Defendants Ordinance 1877 - Polynesian Immigration Ordinance 1877, s. 42 - Indian Immigration Ordinance 1878, s. 7 - Indian Immigration Ordinance 1882, s. 9.
In an action brought by the Agent-General of Immigration for wages due to immigrants introduced under the Polynesian and Indian Immigration Ordinances 1877 and 1878, respectively, and in which the statutory or preferable charge given by these Ordinances was claimed to extend over all the lands of the employer,
Held, that such charge attached to such lands as the immigrants may have been indentured to in priority to all other encumbrances; but that as regards other lands it only attached to the interest of the employer in such lands at the time the debt was incurred.
Held, also, that the word "indentured" refers only to the land or plantation comprised in the certificate of indenture.
Held, further, that the interest accruing on such debts is by the Ordinances made a part of the debt and is recoverable as such.
AGENT-GENERAL OF IMMIGRATION v. SHARPE, FLETCHER & Co. (LIMITED), AND ANOTHER
115
3. - Polynesian Immigration Ordinance 1877, ss. 42, 43 - Return passages of Immigrants - Preferential charge - Interest.
On the sale of an estate to which certain Polynesian immigrants had been indentured but whose return-passages had not been paid for, the purchaser does not buy the estate free from all encumbrances but subject to all charges upon it that may then be existing in respect of the wages or return-passages of any labourers so indentured. Such estate, however, is not charged with interest, as interest is imposed by the Ordinance by way of penalty and for which the employer must be sued. Agent-General of Immigration v. Sharpe, Fletcher & Co., and Another (p. 115) approved.
307
4. - Polynesian Immigration Ordinances 1877, s. 42, and 1888, s. 138 - Immigrants' lien for Wages and Return-passages - Priority over Mortgages.
The effect of s. 42 of the Polynesian Immigration Ordinance 1877, is to give the immigrants' lien for wages and return-passages created by that section priority over all mortgages and encumbrances whenever incurred on the plantation to which such immigrants are indentured. Agent-General of Immigration v. Sharpe, Fletcher & Co., and Another approved.
279
5. - Polynesian Immigration Amendment Ordinances VII. of 1885 and XXI. of 1888, ss. 1, 75 - Return passages - costs
The transferee of an indentured immigrant is liable for the payment of his return passage as "the employer to whom such immigrant was originally indentured." The period of such payment, however, in respect of an immigrant indentured before the passing of Ordinance XXI. Of 1888 is not affected by s. 75 of that Ordinance unless it is expressly intended that the provisions of that section shall have a retrospective effect. The liability to costs of a public officer acting mistakenly in discharge of his public duty considered.
211
INDENTURE - Meaning of word "indentured" in certificate of indenture -
See IMMIGRATION. 2.
115
- Meaning of words "shall have been indentured" in s. 98 of Polynesian Immigration Ordinance 1877
See APPEAL
144
INDIA - "Aboriginal Native of India" - Appeal - Liquor Prohibition Ordinances II. of 1881, s. 3, and XXIV. of 1881, ss. 2, 3.
In construing s. 2 of Ordinance XXIV. of 1881, the words "Aboriginal Native of India" shall be taken as synonymous with "Natives of India," and not in their literal and etymological sense implying a descent from the original or primitive people of India.
237
INFORMATION - Amendment of defect in
See CRIMINAL LAW. 2.
285
INTEREST - On Immigration Debts
See IMMIGRATION. 2.
115
- On Immigration Debts not a preferential Charge on the land
See IMMIGRATION.
307
- By way of penalty on Immigration Debts
See IMMIGRATION. 1.
122
JURISDICTION - Of Her Majesty over British subjects within the Western Pacific Islands -
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 4.
155
- Of High Commissioner's Court for the Western Pacific in action for damages for trespass upon and for the recovery of possession of lands
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 2, 3.
125,-161
- In Criminal Cases -
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 1.
28
- Over British subjects generally
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 4.
155
- Of Supreme Court of Fiji as to land claims
See LANDS COMMISSION.
11
- In action of tort committed in foreign country
See SUPREME COURT OF FIJI. 1.
15,24
- In relation to proceedings before the Old Supreme Court of Fiji
See SUPREME COURT OF FIJI. .3.
1
- Original jurisdiction over offences committed within the limits of the Western Pacific Order in Council, 1893 -
See CRIMINAL LAW. 4.
355
- To amend proceedings in the High Commissioner's Court for the Western Pacific
See SUPREME COURT OF FIJI, 1. 2.
327
- Of Vice-Admiralty Court of Fiji in cases of breach of the Pacific Islanders Protection Acts of 1872 and 1875
See VICE-ADMIRALTY COURT.
269
LABOUR - Native
See NATIVE LABOUR.
46
LAND - Measure of damages for breach of sale of - Lands Commission
See DAMAGES.
68
LANDS COMMISSION - Crown Grant - Old Supreme Court of Fiji - Judgment and Costs.
The jurisdiction formerly existing in the old Supreme Court of Fiji to entertain actions in which claims to land were involved having been done away with by the appointment since the date of Cession of a Commission to investigate claims to land, and the present Supreme Court not being a continuation of the old one,
Held, that the present Supreme Court of Fiji has no jurisdiction to entertain an action for the recovery of costs awarded under a judgment of the former Supreme Court, in respect of such claims, either as costs, debt or damages.
Semble, that the Lands Commission has no power to award costs in any proceedings before it. Robertson v. Hennings (1) approved.
11
- Measure of damages for breach of sale of land
See DAMAGES.
68
- Specific performance of transfer of claim before Lands Commission-
See SPECIFIC PERFORMANCE.
102
LEASE-Registration of under-leases -
See REGISTRATION.
227
- Right of lessee in possession under unregistered lease to maintain action for trespass
See APPEAL. 2.
333
LICENSE - To carry labourers under the Pacific Islanders Protection Acts, 1872 and 1875
See VICE-ADMIRALTY COURT OF FIJI.
269
LIEN - Priority of statutory over maritime lien
See ADMIRALTY. 2.
340
- Statutory liens under Immigration Ordinances for immigrants' wages and return -passages .
See IMMIGRATION, 2, 3, 4.
115, 279, 307
LIQUOR - Meaning of words "Aboriginal Natives of India" in s. 2 of The Liquor Prohibition Ordinance XXIV. of 1881
See INDIA.
237
MORTGAGE - Priority of, in relation to immigrants' lien for wages and return passages -
See IMMIGRATION. 4.
279
NATIVE LABOUR - Native Labour Ordinance 1877, ss. 3, 8, 10, 15, 30.
The appellant, who had employed certain native labourers on his plantation for a longer period than one month without such contract of service having been indorsed by a stipendiary magistrate as required by s. 3 of the Native Labour Ordinance 1877, was convicted and sentenced to pay a fine of 10l. or in default of payment to fourteen days' imprisonment.
Held, on appeal, that the general penalty clause imposed by s. 30 did not apply to s. 3, there being no offence created by that section for any breach of its provisions, but only a civil right to avoid any contract made contrary thereto.
46
NATIVE REGULATION - No. II. of 1877, s. 3. As to appeal from Provincial Court -
See PROVINCIAL COURT.
358
- No. II. of 1877, s. 9. As to which is the original, the Fijian or the English version.
See CRIMINAL LAW. 1.
296
NATURALISATION - Prohibition Order - Western Pacific Order in Council, 1877, s. 25 - Naturalisation Act, 1870 - Treaty between Great Britain and Samoa.
On an appeal to the Supreme Court of Fiji against an order of conviction for breach of a prohibition order made by the Deputy Commissioner in Samoa under the Western Pacific Order in Council, 1877, s. 25, on the ground that the defendant, a British subject, was naturalised as a Samoan and had ceased to be within the scope of the Order in Council.
Held, that notwithstanding anything contained in the Naturalisation Act, 1870, in the absence of any corresponding law in Samoa the defendant could not be naturalised as a Samoan and thereby be divested of his allegiance to Her Majesty, but must, as a British subject, remain subject to the provisions of the Order in Council.
Other technical objections to the validity of the conviction were overruled.
59
NEW HEBRIDES - Criminal offences committed in-
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 4; AND CRIMINAL LAW. 4.
155, 355
NEW SOUTH WALES - Fences (Dividing) Act (9 Geo. IV. No. 12)
See FENCING OF LANDS.
90
- Proclamation of 14th October, 1874, adopting laws of
See FENCING OF LANDS.
90
- Stamp Duties Act, 1871 -
See STAMP DUTY.
95
NOTICE OF ACTION - Right of British Consul to
See DEPORTATION.
24
OLD SUPREME COURT OF FIJI - Jurisdiction as to -
See SUPREME COURT OF FIJI. 3.
- Land Claims-
See LANDS COMMISSION.
11
ORDER IN COUNCIL - Of 28th November, 1876, constituting Vice-Admiralty Court of Fiji-
See ADMIRALTY. 1.
6
ORDINANCES:-
- No. I. of 1875
See FENCING OF LANDS.
90
No. II. of 1875
See FENCING OF LANDS.
90
- Criminal Procedure Ordinance 1875, ss. 3, 9, 13, 15
See CRIMINAL LAW. 2.
285
Criminal Procedure Ordinance 1875, s. 5
See CRIMINAL LAW. 4.
355
- Supreme Court Ordinance 1875
See ADMIRALTY. 1.
6
- Supreme Court Ordinance 1875, ss. 26-28
See FENCING OF LANDS.
90
- Appeals Ordinance 1876, s. 3
See PROVINCIAL COURT.
358
- Appeals Ordinance 1876, ss. 3, 11
See CUSTOMS. 1.
320
- Appeals Ordinance 1876, ss. 5, 6, 12-Schedule, Form A.
See APPEAL. 3.
235
- Appeals Ordinance 1876, s. 11
See APPEAL
144
- Indictable Offences Ordinance 1876, s. 4
See CRIMINAL LAW. 4.
355
- Real Property Ordinance 1876
See DAMAGES.
68
- Real Property Ordinance 1876, s. 33
See REGISTRATION.
227
- Real Property Ordinance 1876, ss. 49, 117
See APPEAL. 2.
333
- Real Property Ordinance 1876, s. 91
See SPECIFIC PERFORMANCE.
102
- Real Property Ordinance 1876, s. 93, sub-ss. 4, 5-
See REAL PROPERTY.
259
- Stamp Ordinance 1876 -
See STAMP DUTY.
95
- Absent Defendants Ordinance 1877-
See IMMIGRATION. 2.
115
- Bankruptcy Ordinance 1877, ss. 6, 7, 8, 15, 19, 42, 44-4,8 -
See SEQUESTRATION OF JOINT STOCK COMPANY.
108
- Indian Immigration Ordinance 1878, s. 7
See IMMIGRATION 2.
115
- Native Labour Ordinance. 1877
See NATIVE LABOUR.
46
- Polynesian Immigration Ordinance 1877, s. 42
See, IMMIGRATION. 2.
115
- Polynesian Immigration Ordinance 1877, ss. 42, 43
See IMMIGRATION. 3.
307
- Polynesian Immigration Ordinance 1877, ss. 42, 97, 98
See APPEAL
144
- Polynesian Immigration Ordinance 1877, s. 97
See IMMIGRATION. 1.
122
- Partnership Ordinance 1878, ss. 27, 84
See PARTNERSHIP.
289
- Partnership Ordinance 1878, ss. 205-207, 209
See SEQUESTRATION OF JOINT STOCK COMPANY.
108
- No. XXV. Of 1879, s.20
See SPECIFIC PERFORMANCE.
102
- Registration Ordinance 1879-
See REGISTRATION.
227
- Stamp Ordinance 1880, ss. 29, 70-72
See STAMP DUTY.
95
- Customs Ordinance 1881, ss. 71, 98
See CUSTOMS. 1.
230
- Customs Ordinance 1881, ss. 90(4), 100
See CUSTOMS. 2.
320
- Indian Immigration Ordinance 1882, s. 9
See, IMMIGRATION. 2.
115
- Stamp Ordinance 1883
See STAMP DUTY AND CROWN.
95, 219
- Towns Ordinance 1883, ss. 53, 55-57
See RATE.
348
- Towns Ordinance 1883, ss. 57
See SUVA TOWN BOARD.
252
- Prisons Ordinance 1884, s. 18
See CRIMINAL LAW 3.
265
- Publicans Ordinance 1884, s. 9
See APPEAL. 3.
235
- No. V. of 1885, s. 8
See RATE.
348
- Polynesian Immigration Ordinance 1888 s. 138
See IMMIGRATION. 4.
279
- No. XV. of 1889, s. 1
See APPEAL. 2.
333
- Public Education Ordinance 1890, ss. 25, 27
See RATE.
348
Customs Regulation Ordinance 1895, s. 49
See ADMIRALTY. 2.
340
PARTNERSHIP-Dissolution of Partnership - Partnership Ordinance 1878, ss. 27, 84.
The Partnership Ordinance 1878 must, be considered as merely a declaratory Ordinance, of which ss. 27 and 84 contain an insufficient and misleading declaration of what would at common law be sufficient to constitute a partnership. Further, that s. 84 does not apply to agreements that have been partly performed, but only where a failure to enter into a partnership has occurred.
289
PENALTY-By way of interest on Immigration Debts
See IMMIGRATION 1.
122
PRACTICE - Costs - Civil procedure Rules, r. 378 - Schedule B.
The Court has power to award costs to a successful party upon an application being subsequently made for that purpose, although no application for such costs had been made to the judge at the trial.
316
2. - Crown Grant - Land Claim - Representation of Native owners at the hearing - Costs.
In an action against the Colonial Government for refusal to issue to the plaintiff a Crown grant which had been signed by the Governor and registered, but which was resisted by the defendant on the ground that it had been signed and registered in error, it appearing that the native owners of the land, the subject of the Crown grant, had interests in it conflicting with those of the plaintiff the Court ordered that they should be represented by counsel at the hearing. The Attorney-General, who was counsel for the Crown, thereupon put in a pro forma statement on their behalf, simply accepting the pleadings of the Crown.
Held, that this was not sufficient, and that the Native Department should See that the interests of the owners were properly and separately represented by counsel.
The defendant was ordered to pay the plaintiff's costs occasioned by the delay.
80
3. - Summons to review taxation of costs - Civil Procedure Rules, r. 378 - Supreme Court Rules - Order LXV., r. 1, 2 - Supreme Court Rules 1893.
No order for costs having been made at the trial of an action, and the plaintiff having taxed his costs in the usual way, the defendant took out a summons to review such taxation without giving the taxing-master the usual notice of objections.
Held, that such summons must be dismissed on the ground of irregularity but that, as no order "awarding" costs had been made, the taxing-master had no authority to tax and this award must be set aside.
311
- Costs of application on insufficiency of summons
See REAL PROPERTY.
259
- Procedure for criminal offences under Western Pacific Order in Council, 1893
See CRIMINAL LAW. 4.
355
- Service of prohibition order under Western Pacific Order in Council, 1877
See PROHIBITION ORDER.
50
PRIORITY - Of Statutory liens under Immigration Ordinances over other encumbrances
See IMMIGRATION. 2, 3, 4.
115, 279, 307
- Of Statutory over maritime liens
See ADMIRALTY. 3.
340
PROCLAMATION - Of 11th October, 1871, adopting laws of New South Wales
See FENCING OF LANDS.
90
-Of Gaol under Prison Ordinance 1884
See CRIMINAL LAW 3.
265
- Of seaward boundary of the town of Levuka, of 5th December, 1884, and 6th November, 1889
See SUVA TOWN BOARD.
252
- Of seaward boundary of the town of Suva, of 26th November, 1886
See SUVA TOWN BOARD.
252
PROHIBITION ORDER - Western Pacific Order in Council 1887, ss. 7, 9, 10, 13, 25, 237 - Pacific Order in Council, 1879.
The defendant, as High Commissioner of the Western Pacific, had issued a prohibition order against the plaintiff under s. 25 of the Western Pacific Order in Council, 1877, debarring him from remaining in Samoa which order was alleged to have been served on a Sunday.
On an action for damages being brought in the Supreme Court of Fiji against the defendant for having instituted these proceedings maliciously and without proper evidence,
Held, that no action will lie against the High Commissioner of the Western Pacific for anything done by him honestly and without malice under the powers vested in him by such Order, the same protection being accorded to him as to a judicial officer under similar circumstances.
Held, further that, under rule 237 of the Order in Council, the writ might have been properly served on a Sunday.
50
-Western Pacific Order in Council, 1877, s. 25
See NATURALISATION OF BRITISH SUBJECT.
59
PROVINCIAL COURT - Appeal from Native Regulation II. of 1877, s. 3 - Appeals Ordinance l876, s. 3.
No appeal lies from a conviction by a Provincial Court, the Appeals Ordinance 1876 only applying to European Courts of summary jurisdiction.
358
PROVINCIAL DEPARTMENT - Agent for Colonial Government
See CROWN.
219
QUARANTINE - Appeal - Conviction - Quarantine Ordinance 1880, s. 13.
The master of a vessel was convicted under s. 13 of the Quarantine Ordinance 1880 for having failed to disclose the existence of an infectious disease which had broken out on board his vessel after she had been quarantined and before she had obtained pratique,
Held, on appeal, that he was rightly so convicted, as s. 13 applies to every master of a vessel from the time she is boarded by the pilot until she is admitted to pratique by the Health Officer.
Held, also, that the words "attempt to conceal" in the information and conviction may be regarded as surplusage and do not constitute a second distinct offence so as to invalidate the conviction.
300
RATE - Appeal as to legality of rates - Competent valuer - Towns Ordinance 1883, ss. 53, 55- 57 -Ordinance V. of 1885, s. 8 - Public Education Ordinance 1890, ss. 25, 27 - Local. rate.
In an action brought by the Town Board of Suva against a ratepayer for non-payment of rates, the Commissioner having declined to allow the question of their legality to be raised at the trial on the ground that it should have been disposed of in the Stipendiary Magistrate's Court under s. 56 of the Towns Ordinance 1883,
Held, on appeal, that the Commissioner was wrong in disallowing this, as the question of the "value" of a rate alone could have been raised in the Stipendiary Magistrate's Court; and that a ratepayer whilst acquiescing in such value may still raise the question of its legality by refusing to pay it.
Held, also, that the Clerk of the Town Board is not a sufficiently competent valuer within ss. 53 and 55 of the Ordinance.
Held, further, that the expression "local rate" in ss. 25 and 27 of the Public Education Ordinance 1890, means the local rate authorised by that Ordinance, and obviously means an extra rate.
348
- Liability for, of land within the boundary of the town of Suva - 252
See SUVA TOWN BOARD.
REAL PROPERTY - Removal of Caveat - Real Property Ordinance 1876, s. 93, Sub ss. 4, 5 - Insufficiency of Summons - Costs.
On an application by summons under sub-s. 5 of s. 93 of the Real Property Ordinance 1876 for the removal of a caveat lodged by an equitable mortgagee the Court held that the creditor had no right to put a caveat upon the register unless he was prepared at once to enforce his lien; and ordered the removal of the caveat, but under the circumstances, without compensation and without costs.
Semble, the grounds of the application should be stated in the summons itself, and not in the affidavit in support.
259
- Measure of damages for breach of contract for sale of land under the Real Property Ordinance 1876
See DAMAGES.
68
REGISTRATION - Of under-leases - Real Property Ordinance 1876, s. 33 - Transfer of Land Statute, 1866, of Victoria - Registration Ordinance 1879.
It is unnecessary to register an under-lease under the Real Property Ordinance 1876, such Ordinance, following the Transfer of Land Statute, 1866, of Victoria, containing no provision for such registration.
227
RES JUDICATA - Old Supreme Court of Fiji
See SUPREME COURT OF FIJI. 3.
1
RESIDENCE - Within the Pacific Islands
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 2.
125
RESOLUTION OF COUNCIL - of 11th March, 1876
See FENCING OF LANDS.
9
RETURN-PASSAGE - Liability of employers of immigrants for
See IMMIGRATION. 5.
211
- Preferential charge upon land for
See IMMIGRATION. 3.
307
- Priority of Immigrants' lien for
See IMMIGRATION. 4.
279
RIGHT OF AUDIENCE - Of Advocate of another British possession in the Supreme Court, of Fiji
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 3.
161
ROYAL PREROGATIVE - Exercise of, by Her Majesty in islands of the Western Pacific over British subjects
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 4.
155
RULES OF CIVIL PROCEDURE - R. 270 and 286
See SPECIFIC PERFORMANCE.
102
- R. 378
See PRACTICE. 3.
311
- R. 378 - Schedule B
See PRACTICE. 1.
316
SAMOA - Appeal from Deputy Commissioner's Court in Samoa
See APPEAL. 4.
245
- Jurisdiction of High Commissioner's Court for the Western Pacific in 28
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 1.
- Jurisdiction of High Commissioner's Court for the Western Pacific in actions for damages for trespass upon lands in
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 2, 3.
125, 161
- Jurisdiction of Supreme Court of Fiji, in action for wrongful arrest and imprisonment in
See SUPREME COURT OF FIJI. 1.
15, 24
- Naturalisation of British Subject in - Treaty between Great Britain and Samoa
See NATURALISATION OF BRITISH SUBJECT.
59
- Position of British Consul in
See SUPREME COURT OF FIJI. 1; AND DEPORTATION.
15, 24
SEQUESTRATION OF JOINT STOCK COMPANY- Interpleader Summons - Rights of Execution Creditor - Bankruptcy Ordinance 1877, ss. 6, 7, 8, 15, 19, 42, 44-48, Bankruptcy Act, 1869, s. 87 - Judicature Act, 1875, s. 10 - Partnership Ordinance 1878, 205-207, 209.
In the administration of the assets of a Joint Stock Company in sequestration under the Bankruptcy Ordinance 1877 and the Partnership Ordinance 1878, by analogy to English law, the rules obtaining in Bankruptcy proceedings under similar circumstances do not necessarily apply.
Held, accordingly, that a creditor who has obtained judgment and execution completed by seizure and sale before the sequestration of a defendant company will not be deprived of his security, although, under similar circumstances, he might, have been so deprived in a case of bankruptcy.
108
SHIP - Damage done by -Action in rem
See ADMIRALTY. 1.
6
SPECIFIC PERFORMANCE - Lands Commission - Caveat - Ordinance XXV. of 1879, s. 20 - Civil Procedure Rules, 270, 286 - Ordinance XXXIV. of 1876.
Specific performance of agreement to transfer lands the subject of a claim before the Lands Commission decreed notwithstanding the bankruptcy of the vendor before the issue of the Crown grant, there being no evidence of any inadequacy of consideration or undue preference.
Held, further, that the purchaser was not bound to file a caveat under s. 20 of Ordinance XXV. of 1879 for the protection of his interests, such provision being permissive only and not obligatory; and that it made no difference to the decree being made that a judgment, which might operate as a lien upon the land, had been obtained against the vendor by a third party since the agreement for transfer had been made.
Quære, as to the validity of r. 286 of the Civil Procedure Rules when read with s. 91 of the Real Property Ordinance 1876.
102
STAMP DUTY - Reference to Supreme Court by Commissioner of Stamps - Stamp Ordinance 1876 - Stamp Ordinance 1880, ss. 29, 70, 71, 72 - Stamp Ordinance 1883 - Stamp Duties Act of New South Wales, 1871-55 Geo. III.
On a reference by the Commissioner of Stamps for the opinion of the Supreme Court, under s. 29 of the Stamp Ordinance 1880, as to whether duty was payable upon the estate of a person whose death had occurred before, but, as to whose estate no grant of probate or administration had been applied for until after the passing of that Ordinance,
Held, firstly, that, inasmuch as the time the grants were made the Stamp Ordinance 1880 was in force, the amount of duty could not be assessed under the Stamp Ordinance 1883 (which repealed the earlier Ordinance) but must be assessed with reference to the law then existing.
Secondly, that by the effect of ss. 70, 71, 72, of the Stamp Ordinance 1880, although the death was the event which gave rise to the payment of the duty, the grant of administration was the occasion upon which it must take effect; and that, therefore, the estate was liable to duty - and to duty calculated upon its present value - and that any inference which might be drawn from the New South Wales or English statute law, even supposing such law to have the effect contended for, could not prevail against the clearly expressed intention of the local legislature.
Held, further, that by the law of Fiji there is no difference in this respect between real and personal estate.
95
STATUTES:-
- 13 Eliz. c. 5
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 2.
125
- 27 Eliz. c. 4
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 2.
125
- 55 Geo. III. c. 101 (?)
See STAMP DUTY.
95
- 9 Geo. IV. c. 83
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 1.
28
- Fences (Dividing) Act of New South Wales (9 Geo. IV. No. 12)
See FENCING OF LANDS.
90
- Foreign Jurisdiction Act, 1843
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 1, 4.
28, 155
- Foreign Jurisdiction Acts, 1843-1875
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 3.
161
- 14 & 15 Vict. c. 100, s. 12
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 1.
28
- 14 & 15 Vict. c. 100, s. 29
See CRIMINAL LAW. 3.
265
- Merchant Shipping Act, 1854, s. 267
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 1.
28
- Merchant Shipping Amendment Act, 1855, s. 21
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 1.
28
- Petition of Right Act, 1860
See CROWN.
219
- 24 Vict. c. 10, s. 6
See ADMIRALTY. 1.
6
- 26 Vict. c. 24, ss. 2, 10, 11
See, ADMIRALTY. 1.
6
- Transfer of Land Statute, 1866 (Victoria)
See REGISTRATION.
227
- Bankruptcy Act, 1869, s. 87
See SEQUESTRATION OF JOINT STOCK COMPANY
108
- Naturalisation Act, 1870
See NATURALISATION OF BRITISH SUBJECT.
59
Pacific Islanders Protection Act, 1872
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 3, 4.
155, 161
s.9
See VICE-ADMIRALTY COURT OF FIJI.269
1872 and 1875
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 1.28
s. 6
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 2; AND VICE-ADMIRALTY COURT OF FIJI.125, 269
- Judicature Act, 1875, s. 10
See SEQUESTRATION OF JOINT STOCK COMPANY.
108
- Foreign Jurisdiction Act, 1890, s. 6
See SUPREME COURT OF FIJI. 2.
327
SUMMONS - Insufficiency of - Costs
See REAL PROPERTY.
259
- Punishment for disobedience to, under Native Regulations
See CRIMINAL LAW. 1.
296
SUPREME COURT OF FIJI - Jurisdiction - Action for assault and wrongful arrest and imprisonment in Samoa - Privilege of Consul.
The Supreme Court of Fiji has jurisdiction to entertain an action between two British subjects for a tort committed in a foreign country such as Samoa; and the fact that the defendant was the British consul for Samoa and that the act charged against him was done in such capacity as consul affords no defence to the action, there being no suggestion that such act had been sanctioned by the Government or chiefs of Samoa.
15
24
2. - Jurisdiction - High Commissioner's Court for the Western Pacific - Foreign Jurisdiction Act, 1890, s. 6 - Western Pacific Order in Council, 1893, Art. 15, 35, 66 - Removal for trial.
A Deputy Commissioner of the Gilbert Group having ordered the removal of a native charged with murder for the purpose of being tried in Fiji, through inadvertence directed in the warrant of removal that such trial should take place before the Court of the High Commissioner,"
Held, that inasmuch as the Supreme Court of Fiji had jurisdiction under the Foreign Jurisdiction Act, 1890, and the Western Pacific Order in Council, 1893, to try the offence, such order of removal was properly the subject of amendment under Art. 35 of the Order in Council, and the trial was ordered to take place before the Supreme Court of Fiji.
327
3. - Res Judicata - Old Supreme Court of Fiji - Preamble to Deed of Cession and to Charter of Colony.
In an action to recover various sums of money and for damages it was pleaded (inter alia) that the same causes of action had already been adjudicated upon by the Supreme Court of Fiji established at Levuka before the Deed of Cession:
Held, firstly that upon the true construction of the "Preamble to the Instrument of Cession" and of the "Preamble of Charter for the erection of the Fiji Islands into a British Colony," the present Supreme Court of Fiji was not the successor to, nor the continuing Court of, the Supreme Court of Fiji established at Levuka before the Deed of Cession. Secondly, that the defendant's plea, not really amounting to one of res judicata, was no bar to the present action.
1
- Jurisdiction as to land claims -
See LANDS COMMISSION.
11
- Original jurisdiction over offences committed within the limits of the Western Pacific Order in Council, 1893
See CRIMINAL LAW. 4.
355
SUPREME COURT RULES - Order LXV., r. 1, 2
See PRACTICE. 3.
311
- of 1893
See PRACTICE. 3.
311
SUVA TOWN BOARD - Seaward boundary of - Liability to rates - Ordinance XVI. of 1883, s. 57 - Proclamation of 26th November 1886, as to the seaward boundary of the town of Suva - Proclamations of 5th December, 1884, and 6th November, 1899, as to the seaward boundary of the town of Levuka - High-water mark.
The seaward boundary of the town of Suva, which was fixed as "along high-water" mark by Proclamation of 26th November, 1886, does not remain fixed at the line of high-water existing at that date, but follows the line of high-water for the time being. And the fact that in the case of the town of Levuka, which had a similar seaward boundary, two Proclamations had brought certain reclamations of land within that boundary forms no precedent to the contrary.
252
TAXATION OF COSTS - Procedure for reviewing the taxation of costs
See PRACTICE. 3.
311
TREATY - Between Great Britain and Samoa.
See NATURALISATION OF BRITISH SUBJECT.
59
- Of 28th August, 1879, Art. 3, 4, 6
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 3.
161
- Art. 4, 5
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 2.
125
TRESPASS - Action for, by lessee in possession under an unregistered lease
See APPEAL. 2.
333
UNDER-LEASE - Registration of, under Real Property Ordinance 1876
See REGISTRATION.
227
VICE-ADMIRALTY COURT OF FIJI - Jurisdiction of - Forfeiture of vessel and cargo - Licence to "carry" labourers - Breach of Pacific Islanders Protection Acts, 1872, s. 9, and, 1875, s. 6 - Western Pacific Order in Council, 1877, Art. 17, 90.
The Vice-Admiralty Court of Fiji has jurisdiction to entertain proceedings for forfeiture of a vessel brought to Fiji for condemnation for breach of the Pacific Islanders Protection Acts, 1872 and 1875, notwithstanding that by those Acts and the Western Pacific Order in Council, 1877, the High Commissioner's Court is constituted a Court of Admiralty and that the alleged offence occurred within the jurisdiction of the High Commissioner. And it makes no difference in the offence of "carrying" labourers without a licence that the vessel was anchored at the time of her inspection.
Quære, whether such jurisdiction extends to vessels or cargo not brought to Fiji for condemnation.
269
- Jurisdiction of
See ADMIRALTY. 1.
6
WAGES - Priority of Immigrants' lien for
See IMMIGRATION. 4.
279
WARRANT - Punishment for disobedience to, under Native Regulations
See CRIMINAL LAW. 1.
296
WESTERN PACIFIC ORDER IN COUNCIL, 1877:-
- Art. 4(6), 5, 6, 57, 58, 65, 121(3), 145: Schedule, ss. 276, 280: Form 44
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 2.
125
- Art. 17-19, 57, 91, 110, 112, 114, 116, 129, 136, 265
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 3.
161
- Art. 17, 22, 23, 40, 54, 55, 219, 225, 229
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 1.
28
- Art. 17, 90
See VICE-ADMIRALTY COURT OF FIJI.
269
- Art. 25
See NATURALISATION OF BRITISH SUBJECT.
59
- Art. 54, 55, 109, 122, 139, 155
See APPEAL. 4.
245
- 1893, Art, 15, 35, 66
See SUPREME COURT OF FIJI. 2.
327
- Art. 15, 66
See CRIMINAL LAW. 4.
355
- Application of the Western Pacific Orders in Council to British subjects for offences inter se
See HIGH COMMISSIONER'S COURT FOR THE WESTERN PACIFIC. 4.
155
WRONGFUL ARREST - Jurisdiction of Supreme Court of Fiji in action for, and imprisonment in Samoa
See SUPREME COURT OF FIJI. 1.
15, 24
SUVA: EDWARD JOHN MARCH, GOVERNMENT PRINTER.-1903.
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