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1. This Proclamation shall be read and construed as one with my Proclamation dated the 4th day of April, 1892,* and shall be in operation throughout the same territories in which the said Proclamation is or may at any time be in force.

2. For the purposes of this Proclamation the term "liquor" shall include wine, beer, or other malt liquor, and spirituous or partly spirituous liquor.

3. For the purposes of section 28 of the said Proclamation dated the 4th day of April, 1892, the permission therein required shall, from and after the promulgation of this Proclamation, be expressed in a document, either wholly in writing or partly in print and partly in writing, which shall be duly signed by the Resident Commissioner, Assistant Commissioner, Magistrate, or commissioned officer of police granting permission, and shall specify

(a.) The place from which the liquor may be brought to some place within the limits of the Protectorate;

(b.) The place to which the liquor may be brought within the limits of the Protectorate;

(c.) The quantity and description of the liquor to which the permission relates, and the description and marks of the bottles, cases, casks, or other vessels in which the said liquor is contained;

(d.) The time within which the said liquor shall be conveyed from place to place aforesaid;

(e.) The person or Company at the place of destination who will take delivery or be in custody of the said liquor on its arrival.

4. No person shall remove any liquor from one place to any other place within the Protectorate without the permission of the Resident Commissioner, an Assistant Commissioner, a Magistrate, or a commissioned officer of police, which permission, if granted, shall be expressed in a document made and signed in such manner and form, mutatis mutandis, as are prescribed by the last preceding section hereof. Any liquor removed or in course of removal in contravention of this section shall be forfeited, and any person contravening this section shall be liable to the penalties provided by the aforesaid section 28.

5. The Resident Commissioner, or any Assistant Commissioner or Magistrate having jurisdiction at any place to which any liquor is destined in terms of any such document of permission as aforesaid may, after the time therein specified for the arrival of the said liquor at the said place, and either personally or by any person thereto authorized in writing, demand from the person named in such document to take delivery or be in custody of the said liquor, inspection of the said document and of the liquor referred to

* Page 407.

therein, and if such person shall fail on demand to produce for inspection either such document or the said liquor, or shall produce for inspection some only of the said liquor or liquor not agreeing in quantity and description, or in respect of the description and marks of the bottles, cases, casks, or other vessels wherein it is contained, with the quantity and description contained in the said document, such person shall be deemed to have contravened this Proclamation, and shall be liable to the penalties provided by section 28 aforesaid: provided, however, that no person shall be prosecuted, or if prosecuted, convicted under this section who shall satisfy the Resident Commissioner or such Assistant Commissioner or Magistrate as aforesaid :

(1.) That he is not responsible for the non-arrival of any such document or the liquor referred to therein; or

(2.) That he has not authorized the use of his name in such document; or

(3.) That the quantity of liquor referred to in such document but not produced for inspection has been either

(a.) Bona fide, law fully, and reasonably consumed or used on the journey by the person or persons having the custody or control of the said liquor or by their servants, not being natives; or

(b.) Lost on the journey by accident or mischance.

6. If any person shall be convicted under the last preceding section, all liquor produced for inspection or referred to in the document, inspection of which is demanded, shall be forfeited.

7. Any Resident Commissioner, Assistant Commissioner, Magistrate, or police officer may require any person in charge of or found on, near, or in any waggon or other vehicle, or any house, building, or other place within the Protectorate, to state whether there is any liquor in or upon such waggon or other vehicle, or in such house, building, or other place, and what is the quantity, description, and destination or proposed use of such liquor, and, if any such person shall refuse to answer such question or either falsely deny that he is able to answer such question or give wilfully a false answer thereto, he shall be liable on conviction to a fine not exceeding 107., and in default of payment to imprisonment, with or without hard labour, for any term not exceeding one month.

8. Any Resident Commissioner, Assistant Commissioner, Magistrate, or police officer who shall reasonably suspect that there is any liquor not intended for private consumption or use in or upon any waggon or other vehicle, or in any house, building, or place not licensed for the sale of liquor, may, without warrant, enter and search and authorize other persons to aid him in entering and searching such waggon or other vehicle, or house, building, or place, and may so enter and search, notwithstanding that any person shall

have answered any question put to him under the last preceding section provided that if any person shall enter and search without such reasonable grounds of suspicion as aforesaid, and no liquor shall be found, such person shall be liable to a fine not exceeding 102.

9. If any liquor shall be found within the Protectorate which shall not be proved to be

(a.) In course of transit from place to place within the time specified in a document of permission relating to such liquor; or

(b.) In any premises where the sale of liquor is licensed; or

(c.) In the possession, custody, or control of any person for bond fide and lawful private consumption or use and not for the purposes of trade;

Such liquor may be forthwith seized and removed to a place of safe custody by or by the authority of any Resident Commissioner, Assistant Commissioner, or Magistrate, or by any police officer, and unless any person shall within thirty days after such seizure and removal produce such proof to the satisfaction of the Resident Commissioner, or of an Assistant Commissioner or Magistrate having jurisdiction, the liquor seized shall be declared forfeited: provided that if it shall be proved that any liquor seized while in transit from place to place under a document of permission has been unavoidably delayed in transit beyond the time specified in such document, such liquor may be released from forfeiture unless otherwise liable thereto.

10. All documents of permission shall be made and signed in duplicate, and one copy shall be forthwith forwarded by the person granting the same to the Magistrate having jurisdiction at the place of destination of the liquor, or to such person or officer there as the High Commissioner shall direct.

11. The High Commissioner may at any time remit any forfeiture or fine incurred under any provision of this Proclamation or of the aforesaid Proclamation dated the 4th day of April, 1892, subject to such conditions or stipulations as he may think fit.

God save the Queen!

Given under my hand and seal, this 23rd day of September, 1892.

(L.S.) HENRY B. LOCH, High Commissioner.

By command of his Excellency the High Commissioner,

GRAHAM BOWER, Imperial Secretary.

PROCLAMATION by the High Commissioner for South Africa, amending the Proclamation of April 4, 1892, respecting the Sale of Spirituous Liquors in the Bechuanaland Protectorate.- December 22, 1892.

WHEREAS it is expedient, for the purposes of the Proclamation of the High Commissioner for South Africa dated the 4th day of April, 1892, in so far as the said Proclamation relates to the selling, exchanging, or giving to or procuring for any native, any intoxicating liquor, to extend the meanings of the terms "spirituous liquor" and "intoxicating liquor" so as to include "eau de Cologne:"

Now, therefore, under and by virtue of the powers, authorities, and jurisdiction conferred upon and committed to me by Her Majesty, I do hereby proclaim, declare, and make known as follows: For the purposes of the Proclamation of the High Commissioner for South Africa dated the 4th day of April, 1892, in so far as the said Proclamation relates to the selling, exchanging, or giving to or procuring for any native any intoxicating liquor, the terms "spirituous liquor" and "intoxicating liquor" shall, from and after the date hereof, be deemed and taken to include "eau de Cologne."

2. The operation of this Proclamation is limited to the territories as defined in section 3 of my Proclamation of the 27th day of September, 1892.

God save the Queen!

Given under my hand and seal, this 22nd day of December, 1892.

(L.S.) HENRY B. LOCH, High Commissioner.

By command of his Excellency the High Commissioner
GRAHAM BOWER, Imperial Secretary.

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NOTIFICATION by the Administrator of the Imperial British East Africa Company, respecting the Registration of Dhows. -Mombasa, September 26, 1892.

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NOTICE is hereby given that, in accordance with the provisions of the General Act of the Brussels Conference,* as contained in Articles XXX to XLI, all native vessels or dhows belonging to British subjects or British-protected persons, or to subjects of His Highness the Sultan of Zanzibar, or to others resident upon the British coast-line, and subject to the jurisdiction of this Company, must forthwith be registered, numbered, and furnished with the necessary papers, as laid down in the said General Act.

The registration, &c., will be carried out at the office of this Company in the ports of Mombasa, Wanga, Melindi, Lamu, and Kismayu, where all further information will be supplied.

The registration will be valid for one year, and the following fees will be charged :—

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With regard to the British flag, British subjects and Britishprotected persons are specially reminded that the "licence to fly the British flag" must be obtained at Her Majesty's Consulate-General at Zanzibar, and that the flying of such flag without such licence duly obtained exposes the owner of the dhow or vessel to a heavy penalty.

These regulations will come into force on and from the 1st October next, and any infractions thereof will expose the native vessel or dhow to seizure and detention, and its owner and captain to punishment.

Mombasa, September 26, 1892.

E. J. L. BERKELEY, Administrator of the
Imperial British East Africa Company.

* Vol. LXXXII, page 55.

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