"The Commandant shall deal with the sentence in like manner as with the sentence of a court-martial." Foreign Office, September 21, 1899. SALISBURY. ORDER applying "The Indian Stamp Act, 1879," and amendments, to the East Africa Protectorate, and repealing the Proclamations respecting Stamp Duties of October 15 and December 24, 1896.—London, May 25, 1899.* IN pursuance of the powers conferred upon me by Article 2 of "The East Africa Order in Council, 1897,"t I hereby order that upon and after the 25th day of May, 1899, the Proclamations with respect to stamp duties made by Her Majesty's Commissioner and Consul-General for East Africa on the 15th October and 24th December, 1896, shall cease to have effect, and "The Indian Stamp Act, 1879" (Act 1 of 1879) and every Act amending that Act shall apply to the East Africa Protectorate, subject to the following modifications, that is to say : 1. In the said Act the Protectorate shall be substituted for British India. 2. Notifications required by the said Act to be made in any Gazette shall be published in such manner as the Commissioner by any general or special order shall direct. 3. "Sub-Commissioner" shall, with respect to each province of the Protectorate, be substituted for "Chief Controlling Revenue authority" and for "Collector." 4. Until further order adhesive stamps shall be used in all cases, and the provisions of the said Act as to impressed stamps shall not apply. 5. Any instrument to which the first proviso in section 34 of the said Act applies may be admitted in evidence on payment of the duty, with or without penalty, as the Court thinks fit in the circumstances of the case; and when the Court imposes a penalty it shall be such as the Court thinks fit, not exceeding the penalty specified in that section in respect of the instrument in question. 6. The powers of the Governor-General in Council and of the Local Government under the said Act shall be exercisable by the Published at Mombasa, July 19, 1899. + Vol. LXXXIX, page 357. Secretary of State, or, with his previous or subsequent assent, by the Commissioner. Foreign Office, May 25, 1899. SALISBURY. ORDER fixing the Scale of Fees to be charged in Native Courts in the East Africa Protectorate.-Mombasa, July 19, 1899. WHEREAS by Article 70 of "The Native Courts Regulations, 1897,"* Her Majesty's Commissioner and Consul-General for the East Africa Protectorate is empowered to fix the scales of fees to be charged in any of the Courts created by the said Regulations: Now I, Clifford Henry Craufurd, do hereby direct that the fees to be taken and levied in the Courts created by the above-mentioned Regulations shall be those contained in the Schedule annexed hereto. Mombasa, July 19, 1899. CLIFFORD HENRY CRAUFURD, Her Majesty's SCHEDULE. Scale of Fees to be levied in the Native Courts of the East Africa I. IN CIVIL MATTERS. A mount. a. p. 1. For service of summons, petition, answer, motion paper, notice, warrant, decree, order, or other document on a party, witness, assessor, or other person under any branch whatever of the civil jurisdiction Within 2 miles (English) of the Court issuing the Such fees as will cover Bankruptcy and Liquidation by Arrangement or Composition. 7. On declaration by a debtor of inability to pay his debts 8. On application under Chapter 20 of the Civil Procedure Code 9. *On bankruptcy petition *NOTE.-If on account of the smallness of the estate 15 0 0 15 0 0 15 00 30 0 0 040 400 Ordinary Suits. 16. In every suit of any kind whatever, other than such as are before specified Where the amount involved is Not exceeding 10 rupees 080 Exceeding 10 rupees and not exceeding 50 rupees The whole fee levied not to exceed 17. On the issue of every witness summons 18. In every suit where it is not possible to estimate the subjectmatter at a money value, and which is not particularly charged Provided that in every case where by reason of any finding or order of the Court a declaration of ownership of any money or property is made, an ad valorem fee at the same rate as in fee No. 16 shall at once become payable in addition to the fee already paid. 19. On application for every interlocutory injunction 20. On application for a mandamus or final prohibitory injune tion 21. In a suit for arrears of rent by landlord against tenant 22. On every summons, motion, application, or demand taken 100 200 1,000 0 0 100 10 0 0 10 @ 50 0 0 500 280 24. On order for adjournment of hearing rendered necessary by default of either party (to be paid by that party).. To include keeping pos- 5 0 0 10 0 0 For 1,000 rupees or upwards. 20 0 0 26. On taking or passing an account, or otherwise than in Court by an officer of the Court 15 0 0 ceeding 1,000 rupees Miscellaneous. 27. For attending to view, in addition to all expenses incurred.. 29. On deposit of any document .. 32. For attending to administer an oath or affirmation, or to take a declaration beyond the offices of the Court, in addition to the ordinary fee thereon 33. On every deposition taken before trial 34. On balances of estates of deceased persons paid into Amount. Rs. a. p. 200 400 38. For filing any document whatever At request of parties interested, or of local authorities, if Amount. a. p. 44. For communication with another Tribunal out of the jurisdiction of the Court Rs. 800 II.-IN CRIMINAL MATTERS. 45. On every summons or warrant, unless specially directed by the Court, to be issued, to include service .. 46. On hearing in summary case 47. On warrant of commitment 48. On recognizance .. III.-ON APPEALS. : : : On Appeals from any Court within the Protectorate to any other Court within the Protectorate. 55. On record of appeal (including expenses of transmission) Rs. a. p. 300 50 0 0 50 0 0 Such sum as the Court directs. |