BRITISH ORDER IN COUNCIL, regulating Her Majesty's Jurisdiction in the East Africa Protectorate.-Balmoral, October 7, 1899.*

At the Court at Balmoral, the 7th day of October, 1899.

PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY. His Royal Highness the Duke of Connaught and Strathearn. Lord Balfour of Burleigh.

Sir Fleetwood Edwards.

WHEREAS by Treaty, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction within the territories comprised within the limits of the East Africa Protectorate:

Now, therefore, Her Majesty, by virtue and in exercise of the powers on this behalf 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. In this Order

"The principal Order" means "The East Africa Order in Council, 1897,"† and any other Order relating to the East Africa Protectorate.

2. For the purposes of the principal Order and this Order(i.) "British subject" includes a British-protected person, that is to say, a person who either

(a.) Is a native of any Protectorate of Her Majesty beyond Africa and Arabia, and is for the time being in the East Africa Protectorate; or

(b.) By virtue of "The Foreign Jurisdiction Act, 1890," or otherwise, enjoys Her Majesty's protection in the Protectorate;

(ii.) "Native” means any person who is not a British subject, as hereinbefore defined, or of European or American race or parentage; but as respects such portions of the Protectorate as are under the sovereignty of the Sultan of Zanzibar, does not include a person who, by virtue of any Treaty between Zanzibar and any foreign Power (other than Her Majesty), is exempt from the jurisdiction of the Sultan of Zanzibar;

(iii.) "Foreigner" means a subject or citizen of a State in amity with Her Majesty, not being a native as hereinbefore defined.

* "London Gazette," October 17, 1899.

+ Vol. LXXXIX, page 357.

3.-(i.) The Protectorate Court shall ordinarily sit at Mombasa, but may also, as occasion requires, sit at any other place in the Protectorate.

(ii.) The judicial officer shall be styled "Her Majesty's Judge for the East Africa Protectorate," and is in this Order referred to as the "Protectorate Judge."

(iii.) The Protectorate Judge may visit any Court in the Protectorate, and examine any Court books, registers, or records, and give directions as to the proper keeping thereof.

(iv.) In case of the illness of the Protectorate Judge, or of his temporary absence from Mombasa, the Commissioner may appoint either a person qualified to be appointed Protectorate Judge or an officer employed in the civil administration of the Protectorate to act as Protectorate Judge. When the Protectorate Judge is absent on judicial duty within the Protectorate, the Acting Judge shall not hold sittings elsewhere than at Mombasa, except with the consent of the Commissioner. The sittings of the Protectorate Judge and of the Acting Judge shall severally be deemed sittings of the Protectorate Court.

4. Subject to the other provisions of the principal Order, the Code of Criminal Procedure, and the other enactments relating to the administration of criminal justice in India for the time being applied to the Protectorate, shall have effect as if the Protectorate were a province of India. The full Court for Zanzibar shall be deemed to be the High Court, and the powers both of the GovernorGeneral in Council and of the Local Government under those enactments shall be exercisable, subject to any directions of the Secretary of State, by the Commissioner.

Until other provision is made in exercise of the powers conferred by the Criminal Procedure Code the Protectorate shall be a Sessions Division, the Protectorate Court shall be the Sessions Court, and the Protectorate Judge shall be the Sessions Judge.

5. Subject to the other provisions of the principal Order, the Code of Civil Procedure, "The Bombay Civil Courts Act, 1869," and the other enactments relating to the administration of civil justice for the time being applicable to the Protectorate, shall have effect as if the Protectorate were the Presidency of Bombay, the full Court of Zanzibar shall be deemed to be the High Court, and the powers both of the Governor-General in Council and the Local Government under those enactments shall be exercisable, subject to any directions of the Secretary of State, by the Commissioner.

Until other provision is made in exercise of the powers conferred by "The Bombay Civil Courts Act, 1869," or otherwise, the Protectorate shall be deemed to be one district, the Protectorate

Court shall be the District Court or Principal Civil Court of original jurisdiction in the district, and the Protectorate Judge shall be the District Judge.

6. The provisions of Parts V, VI, and VII of the principal Order relating to the Protectorate Court or the Court (except Articles 23, 31, 39, 41, 42, and 44) shall apply to all criminal and civil Courts established under the principal Order or this Order in the several provinces of the Protectorate, subject, however, to the limits of jurisdiction of the respective Courts.

7. Where, under any enactment of the Statute Law of England which is applicable to the Protectorate, it is provided that the powers or jurisdiction of two Justices of the Peace may or shall be exercised by a Stipendiary Magistrate sitting alone, such powers or jurisdiction may or shall be exercised by the Commissioner, and by every Sub-Commissioner and district officer within his province or district.

8. In Article 45 of the principal Order the words "and published as the Commissioner directs" shall be substituted for the words "and published as he directs."

9. All Queen's Regulations made or to be made under Articles 45 and 46 of the principal Order shall, unless a contrary intention appears, extend to natives, and may, in relation to natives, comprise such special provisions, modifications, and penalties as the Commissioner may think fit, having regard to the powers of Native Courts and other considerations.

Any breach of Queen's Regulations by a native shall be cognizable only in the proper Native Court.

10. The power of making Queen's Regulations under Article 45 of the principal Order is hereby extended to the making of regulations with respect to the registration of documents, purporting or operating to create, declare, assign, limit, or extinguish any right, title, or interest in or over immovable property situate in the Protectorate; and any regulations under this Article may prescribe the period within which any documents are to be registered, and such penalties for non-registration, whether by stamp duties or otherwise, and whether in lieu of or in addition to the penalties mentioned in the said Article 45 as may seem fit.

Provided that nothing in any regulations made under this Article shall make any instrument inadmissible in evidence in any criminal proceedings.

As from the time when any regulations under this Article come into force Article 47 of the principal Order shall be repealed, without prejudice to anything done or suffered thereunder.

11. The Commissioner may, by any Queen's Regulations made under the powers of the principal Order or this Order, fix such

penalties for the breach of any regulations as may seem proper; and where no penalty is so fixed, a person found guilty of such breach shall, on conviction, be liable to a fine which may extend to 1,000 rupees, or to imprisonment of either kind, which may extend to two months, or both, in addition to such forfeiture as is mentioned in Article 45 of the principal Order.

12. Every person subject to the principal Order shall be liable to be summoned as a witness in a Native Court: provided that where the officer holding the Native Court is not a European British subject the summons or process must be countersigned by a Judge of a Native Court who is a European British subject, and any proceedings against any person for disobeying such summons or process must be taken in the proper Court having jurisdiction in the like cases under this Order.

13. Expressions defined in any Order in Council relating to the Protectorate shall have the same respective meanings in any rules, regulations, or orders made under the authority of that Order, unless other provision is made or the context otherwise requires.

14. The following provisions of the principal Order are hereby repealed:

Article 3, paragraphs (v), (vii), and (viii);

Article 7, paragraphs (iii) and (vii);

Article 9;

Article 14;

Article 30;

Article 45, the words "and published as he directs," and the last paragraph of that Article;

Article 53;

Schedule, the words and figures "except section 331."

15. This Order may be cited as "The East Africa Order in Council, 1899," and shall be construed with the principal Order. A. W. FITZROY.

BRITISH ORDER IN COUNCIL, for regulating Her Majesty's Jurisdiction in the Somaliland Protectorate.— Balmoral, October 7, 1899.*

At the Court at Balmoral, the 7th day of October, 1899.

PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY. His Royal Highness the Duke of Connaught and Strathearn. Lord Balfour of Burleigh.

Sir Fleetwood Edwards.

WHEREAS by Treaty, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction within the territories comprised within the limits of this Order:

Now, therefore, Her Majesty, by virtue, and in exercise of the powers on this behalf 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:

PART I.-Preliminary.

1. This Order may be cited as "The Somaliland Order in Council, 1899."

The limits of this Order are the territories comprised in the Somaliland Protectorate, which includes the territories bounded on the north by the Gulf of Aden, on the east and south by the territories under the Protectorate of Italy, and on the west by the territories of the Emperor of Ethiopia and the French Protectorate of Jibuti.

If Her Majesty is pleased to direct that any other territories, for the time being under the protection of Her Majesty, shall form part of the Somaliland Protectorate, those territories shall, from and after a date fixed by an order of the Secretary of State, be deemed to be within the limits of this Order.

2. This Order is divided into Parts as follows:

Part I. Preliminary.

Part II. Application and effect of Order.

Part III. Application of law of British India and of the United Kingdom.

Part IV. Criminal matters.

"London Gazette," October 17, 1899.