BRITISH SOLOMON ISLANDS AND GILBERT AND ELLICE ISLANDS (PROBATE AND ADMINISTRATION) Order In Council, 1914.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1914/150 |
1914 No. 150
FOREIGN JURISDICTION
THE BRITISH SOLOMON ISLANDS AND GILBERT AND ELLICE ISLANDS (PROBATE AND ADMINISTRATION) ORDER IN COUNCIL, 1914.PRESENT,
The King's Most Excellent Majesty.
Archbishop of Canterbury.
Lord President.
Viscount Allendale.
Lord Stamfordham.
Lord Parmoor.
Sir Francis Hopwood.
Sir G. Fleetwood Wilson.
Mr. W. H. Dickinson.
Whereas by an Order of Her late Majesty Queen Victoria, bearing date the 15th day of March, 1893, and known as "the Pacific Order in Council, 1893," (a) provision was made for the exercise of the jurisdiction of Her Majesty, Her heirs and successors, within the limits prescribed by the said Order, under and by virtue of the provisions contained in the Acts of Parliament in the said Order recited and set forth:
And whereas by Articles 38 to 46 inclusive of the said Order, provision was made for the exercise by the High Commissioner's Court of Probate jurisdiction within the said limits:
And whereas it is expedient to revoke the said Articles so far only as they relate to the Solomon Islands Protectorate and the Gilbert and Ellice Islands Protectorate and Ocean Island, and to substitute new provisions in lieu thereof and to provide more effectually for the custody and administration of unrepresented estates in the said Protectorates and the said Island:
35 & 36 Vict. c. 19 and 38 & 39 Vict. c. 51.
Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by the British Settlements Act, 1887, the Pacific Islanders Protection Acts, 1872 and 1875, and the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased, by and with the advice of His Majesty's Privy Council, to order, and it is hereby ordered, as follows:—
1. The provisions of this Order shall not operate beyond the limits of the British Solomon Islands Protectorate and the Gilbert and Ellice Islands Protectorate and Ocean Island.
2. This Order may be cited as the British Solomon Islands and Gilbert and Ellice Islands (Probate and Administration) Order in Council, 1914.
3. Articles 38 to 46 of the Pacific Order in Council, 1893, are hereby repealed but without prejudice to anything lawfully done thereunder.
4. In this Order unless the context otherwise requires—
"Secretary of State" means one of His Majesty's Principal Secretaries of State;
(a) See p. 597 above.
"High Commissioner" means His Britannic Majesty's High Commissioner for the Western Pacific;
"Protectorate" means the British Solomon Islands Protectorate, or the Gilbert and Ellice Islands Protectorate;
"Resident Commissioner" means the Resident Commissioner of the Protectorate wherein is the particular estate which becomes subject to the provisions of Part II of this Order;
"The Court" means His Britannic Majesty's High Commissioner's Court for the Western Pacific;
"Estate" means all estate of whatever nature.
Ocean Island shall for all the purposes of this Order be deemed to be included in the Gilbert and Ellice Islands Protectorate.
PART I.
5.—(1) The Court shall be a Court of Probate and, as such, shall, as far as circumstances admit, have, for and within its jurisdiction, with respect to the property of persons subject to the jurisdiction of the Court appearing to the Court to have at the time of death their fixed places of abode in the jurisdiction of the Court, all such jurisdiction as for the time being belongs to any Court exercising probate...
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