British Settlements Act 1887

British Settlements Act 1887

Imperial Act
Date of assent16 September 1887

Note

Source: New Zealand Parliamentary Library, International Documents Collection


An Act to enable Her Majesty to provide for the Government of Her possessions acquired by settlement.

  • Preamble

    WHEREAS divers of Her Majesty's subjects have resorted to and settled in, and may hereafter resort to and settle in, divers places where there is no civilised government, and such settlements have become or may hereafter become possessions of Her Majesty, and it is expedient to extend the power of Her Majesty to provide for the government of such settlements, and for that purpose to repeal and re-enact with amendments the existing Acts enabling Her Majesty to provide for such government:

Be it therefore 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 Short title
  • This Act may be cited as the British Settlements Act 1887.

2 Power of the Queen in Council to make laws and establish courts
  • It shall be lawful for Her Majesty the Queen in Council from time to time to establish all such laws and institutions, and constitute such courts and officers, and make such provisions and regulations for the proceedings in the said courts and for the administration of justice, as may appear to Her Majesty in Council to be necessary for the peace, order, and good government of Her Majesty's subjects and others within any British settlement.

3 Delegation of power by the Queen
  • It shall be lawful for Her Majesty the Queen from time to time, by any instrument passed under the Great Seal of the United Kingdom, or by any instructions under Her Majesty's Royal Sign Manual referred to in such instrument as made or to be made, as respects any British settlement, to delegate to any three or more persons within the settlement all or any of the powers conferred by this Act on Her Majesty in Council, either absolutely or subject to such conditions, provisions, and limitations as may be specified in such instrument or instructions.

    Provided that, notwithstanding any such delegation, the Queen in Council may exercise all or any of the powers under this Act:

    Provided always, that every such instrument or instruction as aforesaid shall be laid before both Houses of Parliament as soon as conveniently may be after the making and enactment thereof respectively.

4 Power to the Queen in Council to confer jurisdiction on certain courts
  • It shall be lawful for Her Majesty the Queen in Council to confer on any court in any British possession any such jurisdiction, civil or criminal, original or appellate, in respect of matters occurring or arising in any British settlement as might be conferred by virtue of this Act upon a court in the settlement, and to make such provisions and regulations as Her Majesty in Council may think fit respecting the exercise of the jurisdiction conferred under this section on any court, and respecting the enforcement and execution of the judgments, decrees, orders, and sentences of such court, and respecting appeals therefrom; and every Order of Her Majesty in Council under this section shall be effectual to vest in the court the jurisdiction expressed to be thereby conferred, and the court shall exercise the same in accordance with and subject to the said provisions and regulations:

    Provided always, that every Order in Council made in pursuance of this Act shall be laid before both Houses of Parliament as soon as conveniently may be after the making thereof.

5 Making of Orders in Council, etc
  • It shall be lawful for Her Majesty the Queen in Council from time to time to make, and when made to alter and revoke, Orders for the purposes of this Act.

6 Definitions
  • For the purposes of this Act, the expression British possession means any part of Her Majesty's possessions out of the United Kingdom, and the expression British settlement means any British possession which has not been acquired by cession or conquest, and is not for the time being within the jurisdiction of the Legislature, constituted otherwise than by virtue of this Act or of any Act repealed by this Act, of any British possession.

7 Repeal
  • The Acts mentioned in the schedule to this Act are hereby repealed:

    Provided that—

    • (a) Such repeal shall not affect anything done or suffered previously to such repeal in pursuance of any such Act, or in pursuance of any Order in Council, commission, instructions, law, ordinance, or other thing made or done in pursuance of any such Act; and

    • (b) All Orders in Council, commissions, and instructions purporting to be made or given in pursuance of the Acts hereby repealed, or either of them, shall continue in force in like manner as if they had been made and given in pursuance of this Act, and such commissions had originally been instruments authorised by this Act, and shall be subject to be revoked or recalled accordingly.