SCHEDULE (A.) Affidavit. I, A.B., of, &c., make oath and say, that C.D., of [address, occupation, and description] is indebted to me in the sum of for were [add, where the action is brought for a demand not exceeding five pounds, and I further say that the sold and delivered [or let on hire] to the said C.D. to be used or dealt with in the way of his trade [or profession or calling] of a Sworn at, &c. ]. A.B. NOTE.-[When affidavit is made by a clerk alter the form accordingly, and add the following: That I am a person in the employ of A.B., and that I am duly authorised by him to make this affidavit, and that it is within my own knowledge that the aforesaid debt was incurred, and for the consideration above stated, and that such debt to the best of my knowledge and belief, still remains unpaid and unsatisfied.] SCHEDULE (B.) Summons to obtain Judgment by Default on Personal Service. Claim costs £ 8. TAKE NOTICE, That, unless within sixteen days after the personal service of this summons on you, inclusive of the day of such service, you return to the registrar of this court at [place of office] the notice given below, dated and signed by yourself or your attorney, you will not afterwards be allowed to make any defence to the claim which the Plaintiff makes on you, as per margin, the particulars of which are hereunto annexed; but the Plaintiff may, without giving any further proof in support of such claim than the affidavit filed in court herein, proceed to judgment and execution. notice to the registrar within the time specified, the registrar will send you by post notice of the day upon which the action will be tried. Dated this Fee for plaint ... If you return such To the Defendant. See below. Registrar of the Court. [Notice of intention to defend or to object to the jurisdiction of the Court.] No. [of plaint]. In the [title of court]. A.B. v. C.D. I intend to defend this cause [or to object to the jurisdiction of the court]. (a) Here must be signed the name of defendant or of his attorney, and in the last case the words "attorney for" must be added. [To be endorsed on the Summons.] If you pay the debt and costs, as per margin on the other side, into the registrar's office, within sixteen days after the service of this summons, and without returning the notice of intention to defend, you will avoid further costs. If you do not return the notice of intention to defend, but allow judgment against you by default, you will save half the hearing fee, and the order upon such judgment will be to pay the debt and costs forthwith [or by instalments, to be specified as in Plaintiff's written consent]. If you admit a part only of the claim, you must return the notice of intention to defend within the time specified on the summons; and you may, by paying into the registrar's office at the same time the amount so admitted, together with costs proportionate to the amount you pay in, avoid further costs, unless the Plaintiff at the trial shall prove a claim against you exceeding the sum so paid. If you intend to dispute the Plaintiff's claim on any of the following grounds,— 3. That you were then, or are now, a married woman; 4. That the debt claimed is more than six years old; 5. That you have been discharged from the Plaintiff's claim under a Bankrupt or Insolvent Act; you must, in addition to the notice of intention to defend, give to the registrar notice of such special defence; and such last-mentioned notice must contain the particulars required by the rules of the court; and you must deliver to the registrar as many copies of such notice as there are Plaintiffs, and an additional copy for the use of the court. If your defence be a set-off, you must, with the notice thereof, also deliver to the registrar a statement of the particulars thereof. If your defence be a tender, you must pay into court, before or at the trial, the amount tendered. If you give such notice of intention to defend within the time specified, you may, if the debt exceeds five pounds, have the case tried by a jury, on giving notice in writing at the registrar's office three clear days before the trial, and on payment of five shillings for the use of such jury. Construction of title. CHAPTER 51. AN ACT to amend the Act of the Session of the thirty-fifth and thirty-sixth years of the reign of Her present Majesty, chapter nineteen, intituled “An "Act for the prevention and punishment of criminal outrages upon "natives of the islands in the Pacific Ocean." [2nd August 1875.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. THIS Act shall be construed as one with the Act of the session of the Act and short thirty-fifth and thirty-sixth years of the reign of Her present Majesty, chapter nineteen (in this Act referred to as the principal Act); and the expression "this Act," when used in the principal Act, shall be deemed to include this Act. The principal Act and this Act may be cited together as the Pacific Islanders Protection Acts, 1872 and 1875, and each of them may be cited separately as the Pacific Islanders Protection Act of the year in which it was passed. 35 & 36 Vict. the carrying in British vessels of native 2. WHEREAS by section three of the principal Act it is enacted that it shall Amendment of not be lawful for any British vessel to carry native labourers of the islands in the Pacific Ocean referred to in the said Act, not being part of the crew of such vessel, unless the master has given such bond as is therein mentioned, and has obtained from a governor of one of the Australasian colonies or a British consular officer a license in the form contained in Schedule B. to the said Act: And whereas such license does not authorise the carrying in a British vessel of the said native labourers for the purpose of carrying on any fishery, industry, or occupation in connexion with the said vessel, and it is expedient to authorise the same: Be it therefore enacted as follows: The license mentioned in sections three and five of the principal Act may authorise a British vessel to carry native labourers in such vessel for the purpose of carrying on any fishery, industry, or occupation in connexion with the said vessel, and may for that purpose be in the form contained in the Schedule B. to this Act, in lieu of the form contained in Schedule B. to the principal Act; and the bond mentioned in section three of the principal Act shall in such case be in the form contained in Schedule A. to this Act in lieu of the form contained in Schedule A. to the principal Act. If a native labourer, carried in pursuance of a license issued under this section, is not engaged in like manner as a seaman forming part of the crew labourers. of the vessel, by an agreement made in accordance with the Merchant Shipping 17 & 18 Vict. Act, 1854, and the Acts amending the same, the engagement of such labourer shall be recorded in such manner and with such particulars as may be from time to time prescribed by Her Majesty by Order in Council, but in all cases the name of the labourer engaged shall be entered in the official log with particulars sufficient to identify such labourer. 3. WHEREAS by sections six and sixteen of the principal Act provision is made with respect to the detention, seizure, and bringing in for adjudication of a British vessel suspected of being employed or found employed in the commission of the offences therein mentioned, or otherwise as in the said sections mentioned, and it is expedient to amend such provision: Be it therefore enacted as follows: Where a British vessel may, under the principal Act, be detained, seized, and brought in for adjudication by any officer, all goods and effects found on board such vessel may also be detained, seized, and brought in for adjudication by such officer, either with or without such vessel; and all the provisions of the principal Act referring to the seizure or detention of a vessel shall, so far as is consistent with the tenor thereof, be construed also to refer to the seizure and detention of such goods and effects. 4. WHEREAS it is expedient to amend the provisions made by the principal Act with respect to the jurisdiction of the Admiralty Courts: Be it therefore enacted as follows: The High Court of Admiralty of England and every Vice-Admiralty Court in Her Majesty's dominions out of the United Kingdom shall have jurisdiction Amendment of 35 & 36 Vict. c. 19. ss. 6. and 16.as to seizure of suspected British vessels. Jurisdiction regard to vessels, goods, and effects of courts in seized under c. 19. or this 35 & 36 Vict. Act. Adaptation of 35 & 36 Vict. c. 19. ss. 19. Act. to try and condemn as forfeited to Her Majesty or restore any vessel, goods, and effects alleged to be detained or seized in pursuance of the principal Act or of this Act, and on restoring the same to award such damages in respect of the detention and seizure of such vessel, goods, and effects, or any of them, and of any person on board such vessel, and in respect of any act or thing done in relation to such detention or seizure, or in respect of any of such matters, and in any case to make such order as to costs, as, subject to the provisions of the principal Act and this Act, the court may think just. For the purposes of the principal Act and this Act, any court mentioned in this section shall have the same powers as are by sections twelve and thirteen of the principal Act (which sections relate to the issue of commissions for the examination of witnesses and other matters relative to obtaining evidence) vested in the supreme court of any of the Australasian colonies, and further all powers which such court has in the case of any vessel, goods, and effects, or matter brought before it in the exercise of its jurisdiction under any other Act or otherwise. 5. SECTIONS nineteen and twenty of the principal Act, which relate to proceedings instituted in and an award of damages by a Vice-Admiralty Court and 20. to this in respect of the seizure or detention of a vessel, shall extend to any such proceedings and award by the High Court of Admiralty of England, and to any such proceedings and award, either in that Court or any Vice-Admiralty Court, in respect of the seizure or detention of any goods or effects authorised by this Act to be seized or detained. Power for Her diction over British subjects in islands of the Pacific Ocean : 6. It shall be lawful for Her Majesty to exercise power and jurisdiction exercise juris- over her subjects within any islands and places in the Pacific Ocean not being within Her Majesty's dominions, nor within the jurisdiction of any civilized power, in the same and as ample a manner as if such power or jurisdiction had been acquired by the cession or conquest of territory, and by Order in Council to create and constitute the office of High Commissioner in, over, and for such islands and places, or some of them, and by the same or any other Order in Council to confer upon such High Commissioner power and authority, in her name and on her behalf, to make regulations for the government of her subjects in such islands and places, and to impose penalties, forfeitures, or imprisonments for the breach of such regulations. fo erect a court of justice for in the islands of the Pacific: It shall be lawful for Her Majesty, by Order in Council, to create a court of British subjects justice with civil, criminal, and Admiralty jurisdiction over Her Majesty's subjects within the islands and places to which the authority of the said High Commissioner shall extend, and with power to take cognizance of all crimes and offences committed by Her Majesty's subjects within any of the said islands and places, or upon the sea, or in any haven, river, creek, or place within the jurisdiction of the Admiralty; and Her Majesty may, by Order in Council, from time to time direct that all the powers and jurisdiction aforesaid, or any part thereof, shall be vested in and may be exercised by the court of any British colony designated in such order, concurrently with the High Commissioner's court or otherwise, and may provide for the transmission of offenders to any such colony for trial and punishment, and for the admission in evidence on such trial of the depositions of witnesses taken in such islands and places as aforesaid, and for all other matters necessary for carrying out the provisions of such Order in Council. ordinances. It shall also be lawful for Her Majesty, by any Order or Orders in Council, to make from time to time to ordain for the government of Her Majesty's subjects, being within such islands and places, any law or ordinance which to Her Majesty in Council may seem meet, as fully and effectually as any such law or ordinance could be made by Her Majesty in Council for the government of Her Majesty's subjects within any territory acquired by cession or conquest. sioner to have powers of con The person for the time being lawfully acting in the capacity of High High CommisCommissioner and any Deputy Commissioner duly appointed and empowered under the provisions of any such Order in Council as aforesaid, and acting sular officer. under the directions of the High Commissioner, shall have and may exercise and perform any power, authority, jurisdiction, and duty vested in or imposed upon any British consular officer by the principal Act or by any other Act having reference to such consular officers, passed either before or after the passing of this Act; and every such Act shall be construed as if the said High Commissioner and Deputy Commissioner were named therein in addition to a British consular officer. 7. NOTHING herein or in any such Order in Council contained shall extend Saving of or be construed to extend to invest Her Majesty, her heirs or successors, with rights of tribes. any claim or title whatsoever to dominion or sovereignty over any such islands or places as aforesaid, or to derogate from the rights of the tribes or people inhabiting such islands or places, or of chiefs or rulers thereof, to such sovereignty or dominion, and a copy of every such Order in Council shall be laid before each House of Parliament within thirty days after the issue thereof, unless Parliament shall not then be in session, in which case a copy shall be laid before each House of Parliament within thirty days after the commencement of the next ensuing session. 8. WHEREAS by reason of the cession to Her Majesty of the colony of Fiji, it is expedient to amend the definition of Australasian colonies in the principal Act: Be it therefore enacted as follows: The term "Australasian colonies" in the principal Act and this Act shall mean and include the colony of Fiji. Subject to the provisions of any Act or ordinance passed by the Legislature of the colony of Fiji, the provisions of the principal Act and this Act shall continue to apply and be deemed always to have continued to apply to natives of Fiji in like manner as if they were natives of islands in the Pacific Ocean not being in Her Majesty's dominions nor within the jurisdiction of any civilized power. Amendment of 35 & 36 Vict. definitions in c. 19. forms. 9. THE forms in the schedules to the principal Act shall be altered by the Alteration of substitution of a reference to the Pacific Islanders Protection Acts, 1872 and 1875, for the reference therein to the principal Act. of Act. 10. THIS Act shall be proclaimed in each Australasian colony by the Proclamation governor thereof within six weeks after a copy of it has been received by such governor, and shall take effect in the said colony from the day of such proclamation. |