Imágenes de páginas
PDF
EPUB

3. Copy of a decree or order having the force of a decree

When such decree or order is made by any Civil Court other than

the Protectorate Court

(a.) If the amount or value of the subject matter of the suit
wherein such decree or order is made is 50 rupees or

[merged small][ocr errors][ocr errors]

(b.) If such amount or value exceeds 50 rupees When such decree or order is made by the Protectorate Court 4. Application or petition

[blocks in formation]
[ocr errors][ocr errors]

(a.) When presented to any civil officer other than the Consul General, or to any Civil Court other than the Protectorate

[merged small][ocr errors][merged small][ocr errors]

0 1

0 2

[merged small][ocr errors]

1 0

The like sum as was payable in England for stamp duty under section 27 of the Act 44 Vict., cap. 12, in like cases: provided that when the Court is satisfied that estate duty under "The Finance Act, 1894," or "The Finance Act, 1896," or any Act amending the same, has been paid in the United Kingdom in respect of property situate in Somaliland passing on the death of the deceased person, representation of whose estate has been granted out of the Court, the Court shall repay to the legal personal representative the amount paid in respect of this fee. 6. In respect of all other pro- f The fees mentioned in Schedules I and ceedings II of "The Court Fees Act, 1870."

[ocr errors]
[ocr errors]

ORDER substituting "The Indian Post Office Act, 1898," for that of 1866 in Order of the 17th August, 1899 (Uganda Protectorate).-London, April 17, 1900.

UGANDA.

Order of the Secretary of State.

In pursuance of the powers conferred by Article 3 of "The Africa Order in Council, 1892,"* I hereby order as follows:

"The Indian Post Office Act, 1898" (Act VI of 1898), shall apply to the Uganda Protectorate, and the Order of the 17th August, 1899,† shall be read as if that Act had been mentioned therein in lieu of "The Indian Post Office Act, 1866" (Act XIV of 1866). Foreign Office, April 17, 1900.

SALISBURY.

• Vol. LXXXIV, page 290.

+ Vol. XOI, page 1157.

BRITISH ORDER IN COUNCIL, repealing “The Somali Order in Council, 1889," and "The Brunei Order in Council, 1890.”—Osborne, January 11, 1900.*

At the Court at Osborne House, Isle of Wight, the 11th day of January, 1900.

PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY.

Lord Steward.

Mr. Akers-Douglas.

Sir Fleetwood Edwards.

WHEREAS by Treaty, capitulation, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction in the territories comprised within the limits of "The Somali Order in Council, 1889," and "The Brunei Order in Council, 1890;"

And whereas, since the passing of the said Orders, other provision has been made for the exercise of Her Majesty's jurisdiction in the said territories respectively, and it is expedient that the said Orders should be expressly repealed:

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890," or otherwise in Her Majesty vested, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:

1. "The Somali Order in Council, 1889,"+ and "The Brunei Order in Council, 1890,"‡ are hereby repealed as from the passing of this Order.

2. This Order may be cited as "The Somali and Brunei (Repeal) Order in Council, 1900."

A. W. FITZROY.

"London Gazette," January 19, 1900.

+ Vol. LXXXI, page 936.

Vol. LXXXII, page 1124.

BRITISH ORDER IN COUNCIL, regulating the Administration of North-Eastern Rhodesia.-Osborne, January 29, 1900.*

At the Court at Osborne House, Isle of Wight, the 29th day of

[blocks in formation]

WHEREAS the territories of Africa situated within the limits of this Order, as hereinafter described, are under the protection of Her Majesty the Queen;

And whereas by Treaty, grant, usage, sufferance, and other lawful means, Her Majesty has power and jurisdiction in the said

territories:

Now, therefore, Her Majesty, by virtue and in exercise of the powers by "The Foreign Jurisdiction Act, 1890,"† or otherwise in Her Majesty vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:

1. This Order may be cited as "The North-Eastern Rhodesia Order in Council, 1900."

2. This Order is divided into parts, as follows:

Part I. Interpretation and Application.

Part II. Administration and Legislation.

Part III. Police.

Part IV. Judicial.

Part V. Native Administration.

Part VI. Miscellaneous.

PART I.-Interpretation and Application.

3. In this Order, unless the subject or context otherwise requires

"Her Majesty " includes Her Majesty's heirs and successors; "Secretary of State" means one of Her Majesty's Principal Secretaries of State;

66

Commissioner" means any person for the time being exercising the jurisdiction of Her Majesty's Consul-General and Commissioner for the British Central Africa Protectorate;

"London Gazette," February 9, 1900.

† Vol. LXXXII, page 656.

"The Company" means the British South Africa Company;

"Charter" means Her Majesty's Charter of the 29th day of October, 1889,* incorporating the Company as amended by any Supplemental Charter;

"High Court" means the High Court of North - Eastern Rhodesia constituted by this Order;

"Senior Judge" means the senior or sole Judge of the High Court, and includes a person acting as senior or sole Judge;

"Administrator" means an Administrator appointed under this Order to administer affairs within the limits of this Order, and includes an Acting Administrator;

"Magistrate" means a Magistrate or Assistant Magistrate appointed under this Order, and includes an Acting Magistrate or Acting Assistant Magistrate;

"Gazette" means any official Gazette published within the limits of this Order by authority of the Administrator, and until such Gazette is instituted means the "British Central Africa Government Gazette."

"Native" means any native of Africa, not being of European or American race or parentage;

"Person" includes corporation;

The plural includes the singular, the singular the plural, and the masculine the feminine;

"Military police forces" includes all military, volunteer, and police forces from time to time raised and constituted under Queen's Regulations, and therein appointed to be under the control or authority of the Commissioner.

4. The limits of this Order are the parts of Africa bounded on the west by the boundaries of the Congo Free State and of Barotzeland-North-Western Rhodesia, as defined in "The Barotzeland-North-Western Rhodesia Order in Council, 1899;"+ on the south by the Kafukwe River and the River Zambezi down to its junction with the Luangwa River; thence by the mid-channel of the Luangwa River northwards to where it is cut by the 15th degree of latitude, and from this point by the Anglo-Portuguese boundary eastwards to the frontier of the British Central Africa Protectorate; on the east by the aforesaid frontier; on the north by the Anglo-German frontier, the south shore of Lake Tanganyika, and the southern frontier of the Congo Free State as far west as Lake Mweru, including the Island of Kilwa in the British sphere.

The territory for the time being within the limits of this Order shall be known as North-Eastern Rhodesia.

5. A Secretary of State may from time to time, by notice

* Vol. LXXXI, page 617.

+ Vol. XCI, page 1133.

published in the "Gazette" and in the "London Gazette," declare that any parts of Africa north of the River Zambezi, and under the protection of Her Majesty, shall be included in the limits of this Order, and from the date of the publication of the notice in the “Gazette” this Order shall apply to the parts named therein. A Secretary of State may from time to time, by the like notice, declare that any part of Africa for the time being within the limits of this Order shall, until otherwise directed, be excepted from the application of this Order; and from the date of the publication of such notice the part named therein shall be excluded from the limits of this Order.

6. The powers and authorities conferred by Her Majesty's "Africa Order in Council, 1889,"* shall continue in force within the limits of this Order concurrently with the powers conferred upon the Company by this Order, so far as not inconsistent with this Order, and where there is any conflict this Order shall prevail. The powers conferred upon the Company by this Order are in augmentation of the powers conferred upon it by the Charter.

PART II.—Administration and Legislation.

7. The Company shall have and may exercise the general administration of affairs within the limits of this Order, in accordance with the terms of the Charter and the provisions of this Order.

8. The Company may exercise such administration by an officer styled the Administrator, and under him by such other officers as may from time to time be necessary. The Company shall appoint and pay the Administrator and all such officers; but shall obtain the approval of a Secretary of State before appointing any person to the office of Administrator. The salary of the Administrator shall be fixed by the Company, with the approval of a Secretary of State, and shall not be increased or diminished without his approval. The Administrator may be removed or suspended from office by a Secretary of State, or by the Company with the approval of a Secretary of State.

9. The Administrator may hold office, unless sooner removed, for three years from the date at which he enters upon the duties of his office; and, with the approval of a Secretary of State, may from time to time be reappointed for the further term of three years. At the end of any such term the Administrator may continue in office until reappointed or until his successor is appointed.

10. If at the end of any such term, or if on a vacancy in the office, the Company does not within six months thereafter, with the

* Vol. LXXXI, page 801.

« AnteriorContinuar »