1881, May 18.-British Order in Council, for regulating the conduct of the inhabitants of Cyprus and others during hostilities between States with which Her Majesty is at peace, and for the control by the high commissioner over recruiting in Cyprus for the service of any State.1

66

The ports or waters of Cyprus" shall include all ports, harbors, roadsteads, anchorages, quarantine grounds, estuaries, creeks, bays, and waters within a limit of three marine miles round the island of Cyprus.

1881, November 1.-Charter granted to the British North Borneo Company."

And whereas the said petition States (among other things) to the effect that on the 29th day of December, 1877, the Sultan of Brunei, in the island of Borneo, made and issued to the petitioner, Alfred Dent, and another, or one of them, three several grants of territories, lands, and islands therein mentioned, and a commission:

And whereas the said petition further states that by the first of the grants aforesaid the Sultan of Brunei granted to the grantees cojointly, their heirs, associates, successors, or assigns, all the territory and land belonging to the Sultan on the west coast of Borneo comprising Gaya Bay from Gaya Head to Loutut Point, including Sapangar Bay, and Gaya Bay, and Sapangar Island, and Gaya Island, and all the other islands within the limits of the harbor and within three marine leagues of the coast, likewise the province and territory of Pappar adjoining the province of Benoni, and belonging to the Sultan as his private property; and in consideration of that grant the grantees promised to pay severally and cojointly to the Sultan, his heirs or successors, the sum of 4,000 dollars per annum; and by that grant the said territories were from the date thereof declared vested in the grantees, their heirs, associates, successors, or assigns, for so long as they shall choose and desire to hold them; provided, however, that the Sultan should have the right to resume the control and government of the said territories if the above-mentioned annual compensation should not have been paid for three successive years:

And whereas the said petition further state that by the second of the grants aforesaid the Sultan of Brunei granted to the grantees cojointly, their heirs, associates, successors, or assigns, all the territories belonging to the Sultan from the Sulaman River on the northwest coast of Borneo unto the river Paitan on the northeast coast of the island, containing twenty-one States, together with the Island of Banguey and all the other islands within three marine

1 British and Foreign State Papers, vol. 73, p. 358.

2 Hertslet, Commercial Treaties, vol. 15, p. 85.

leagues of the coast, for their own exclusive uses and purposes; and in consideration of that grant the grantees promise to pay severally and cojointly to the Sultan, his heirs or successors, the sum of 6,000 dollars per annum; and by that grant the said territories were from the date thereof declared vested in the grantees, their associates, successors, or assigns, for so long as they should choose to hold them; provided, however, that the Sultan should have the right to resume the control and government of the said territories if the above-mentioned annual compensation should not have been paid for three successive years:

And whereas the said petition further states that by the third of the grants aforesaid the Sultan of Brunei granted to the grantees, their heirs, associates, successors, or assigns, all the following territories belonging to the kingdom of Brunei, and comprising the States of Paitan, Sugut, Bangaya, Labuk, Sandakan, Kina Batangan, Mumiang, and all the territories as far as the Sibuco River, with all the islands within three leagues of the coast belonging thereto, for their own exclusive and absolute uses and purposes: and in consideration of that grant the grantees promised to pay cojointly and severally as compensation the sum of 2,000 dollars per annum; and from that date the said territories were thereby declared vested in the grantees, their heirs, associates, successors, and assigns, for so long as they should choose or desire to hold them; provided, however, that the Sultan should have the right to resume the control and government of the said territories if the above-mentioned annual compensation should not have been paid for three successive years: And whereas the said petition further states that by the commission aforesaid, after reciting to the effect that the Sultan of Brunei had seen fit to grant to his trusty and well beloved friends, the grantees, certain portions of the dominions owned by him, comprising the entire northern portion of the island of Borneo from the Sulaman River on the west coast of Maludu Bay, and to the River Paitan, and thence the entire eastern coast as far as the Sibuco River, comprising the States of Paitan, Sugut, Bangaya, Labuk, Sandakan, Kina Batangan, and Mumiang, and other lands as far as Sibuco River, furthermore the provinces of Kimanis and Benoni, the province of Pappar, and the territory of Gaya Bay and Sapangar Bay, with all the lands and islands belonging thereto, and likewise the island of Banguey, for certain considerations between them agreed, and that one of the grantees therein in that behalf named was the chief and only authorized representative of his company in Borneo, it was declared that the Sultan had nominated and appointed, and thereby did nominate and appoint, the same grantee supreme ruler of the above-named territories, with the title of Maharajah of Sabah

(North Borneo) and Rajah of Gaya and Sandakan, with power of life and death over the inhabitants, with all the absolute rights of property vested in the Sultan over the soil of the country, and the right to dispose of the same, as well as the rights over the productions of the country, whether mineral, vegetable, or animal, with the rights of making laws, coining money, creating an army and navy, levying customs rates on home and foreign trade, and shipping and other dues, and taxes on the inhabitants, as to him might seem good or expedient, together with all other powers and rights usually exercised by and belonging to sovereign rulers, and which the Sultan thereby delegated to him of his own free will; and the Sultan called upon all foreign nations with whom he had formed friendly treaties and alliances to acknowledge the said Maharajah as the Sultan himself in the said territories, and to respect his authority therein; and in case of the death or retirement from office of the said Maharajah, then his duly appointed successor in the office of supreme ruler and governor-in-chief of the company's territories in Borneo should likewise succeed to the office and title of Maharajah of Sabah and Rajah of Gaya and Sandakan, and all the powers above enumerated be invested in him:

And whereas the said petition further states that on the same day the Pangeran Tumongong (Chief Minister) of Brunei made to the same two persons, their heirs, associates, successors, or assigns, a grant of the provinces of Kimanis and Benoni, on the northwest coast of Borneo, with all the islands belonging thereto within three marine leagues of the coast of the said territories belonging to him as his private property, to hold for their own exclusive and absolute uses and purposes; and in consideration of that grant the grantees promised to pay as compensation to the Pangeran Tumongong, his heirs or successors, the sum of 3,000 dollars per annum; and the said territories were thereby declared vested in the grantees, their heirs, associates, successors, or assigns, for so long as they should choose or desire to hold them; and they further promise to protect the Pangeran Tumongong with kindness:

And whereas the said petition further states that on the 22nd day of January, 1878, the Sultan of Sooloo and the dependencies thereof (in the said petition and in this our charter referred to as the Sultan of Sooloo) made and issued to the same two persons, or one of them, a grant of his rights and powers over territories, lands, states, and islands therein mentioned, and a commission:

And whereas the said petition further states that by the lastmentioned grant the Sultan of Sooloo, on behalf of himself, his heirs and successors, and with the consent and advice of the Datoos in Council assembled, granted and ceded of his own free and sovereign will to the grantees, as representatives of a British company co

jointly, their heirs, associates, successors, or assigns, for ever and in perpetuity, all the rights and powers belonging to the Sultan, over all the territories and lands being tributary to him on the mainland of the island of Borneo, commencing from the Pandassan River on the northwest coast, and extending along the whole east coast as far as the Sibuco River in the south, and comprising, amongst others, the States of Paitan, Sugut, Bangaya, Labuk, Sandakan, Kina Batangan, Mumiang, and all the other territories and states to the southward thereof, bordering on Darvel Bay, and as far as the Sibuco River, with all the islands within three marine leagues of the coast; and in consideration of that grant the grantees promised to pay as compensation to the Sultan, his heirs or successors, the sum of 5,000 dollars per annum; and the said territories were thereby declared vested in the grantees cojointly, their heirs, associates, successors, or assigns, for as long as they should choose or desire to hold them; provided, however, that the rights and privileges conferred by that grant should never be transferred to any other nation or company of foreign nationality without the sanction of our government first being obtained; and in case any dispute should arise between the Sultan, his heirs or successors, and the grantee therein in that behalf specified or his company, the matter should be submitted to our consul general for Borneo; and that grantee, on behalf of himself and his company, further promised to assist the Sultan, his heirs, or successors, with his best counsel and advice whenever the Sultan might stand in need of the same:

1883, August 2.-The sea fisheries act.1

2

ARTICLE 7. (1) A foreign sea fishing boat shall not enter within the exclusive fishery limits of the British Islands, except for purposes recognized by international law, or by any convention, treaty, or arrangement for the time being in force between Her Majesty and any foreign State, or for any lawful purpose.

1885, October-Case of the Alleganean, with the United States defining the marginal sea at cannon range or one marine league.3

1886, November 26.-Act of the Government of Canada, further to amend the act respecting fishing by foreign vessels.*

Whereas it is expedient for the more effectual protection of the inshore fisheries of Canada against intrusion by foreigners, to further

1 British and Foreign State Papers, vol. 74, p. 200.

2 Three miles. See Hague Act, May 6, 1882, ante, p. 485.

See post, p. 667.

'British and Foreign State Papers, vol. 77, p. 799; 49 Victoria, c. 114.

amend the act intituled "An Act respecting fishing by foreign vessels," passed in the 31st year of Her Majesty's reign, and chaptered 61: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The section substituted by the 1st section of the Act 33 Victoria, cap. 15, intituled "An Act to amend the Act respecting fishing by foreign vessels," for the 3rd section of the hereinbefore-recited Act, is hereby repealed, and the following section substituted in lieu thereof:

3. Any one of the officers or persons hereinbefore mentioned may bring any ship, vessel, or boat, being within any harbor in Canada, or hovering in British waters within three marine miles of any of the coasts, bays, creeks or harbors in Canada, into port, and search her cargo, and may also examine the master upon oath touching the cargo and voyage; and if the master or person in command does not truly answer the questions put to him in such examination, he shall incur a penalty of 400 dollars; and if such ship, vessel, or boat is foreign, or not navigated according to the laws of the United Kingdom or of Canada, and (a) has been found fishing, or preparing to fish, or to have been fishing in British waters within three marine miles of any of the coasts, bays, creeks, or harbors of Canada, not included within the above-mentioned limits, without a licence, or after the expiration of the term named in the last licence granted to such ship, vessel, or boat, under the 1st section of this act; or (b) has entered such waters for any purpose not permitted by treaty or convention, or by any law of the United Kingdom or of Canada for the time being in force, such ship, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and cargo thereof, shall be forfeited.

1888.-British instructions.1

2. These powers may be exercised in any waters except the territorial waters of a neutral State. The territorial waters of a State are those within three miles from low-water mark of any part of the territory of that State, or forming bays within such territory, at any rate, in the case of bays the entrance to which is not more than six miles wide.

1888, January 20.-An Act to regulate the pearl-shell and beche-demer fisheries in Australasian waters adjacent to the Colony of Queensland.2

Whereas by certain acts of the Parliament of the Colony of Queensland provision has been made for regulating the pearl-shell and

1 Thomas E. Holland, British Manual of Naval Prize Law, 1888, p. 1.

2 Fur Seal Arbitration, Proceedings of the Tribunal of Arbitration at Paris, 1893, vol. 2, p. 467.