BRITISH ORDER IN COUNCIL, regulating the Acquisition of Lands in the East Africa Protectorate. Windsor, July 18, 1898.* At the Court at Windsor, the 18th day of July, 1898. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY. Lord President. Mr. James A. Campbell. Mr. Goschen. Sir G. Taubman Goldie. WHEREAS by Treaty, grant, usage, sufferance and other lawful means, Her Majesty has power and jurisdiction within the territories comprised in the East Africa Protectorate: And whereas by Article 11 of the East Africa Order in Council, 1897,†t "The Land Acquisition Act, 1894," an Act of the Governor-General of India in Council, is applied to the East Africa Protectorate: And whereas it is expedient that provision should be made for the vesting of lands taken for public purposes under the provisions of the said Act: 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, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: 1. Any lands, whereof possession has been or shall after the passing of this Order be taken for public purposes under the provisions of "The Land Acquisition Act, 1894," shall vest absolutely in the Commissioner and Consul-General and his successors in office for the time being in trust for Her Majesty, or if the Secretary of State at any time or in any case by order under his hand so directs, in such other trustec or trustees as the Secretary of State may appoint. 2. The Secretary of State may when he thinks fit by a like order remove any trustee so appointed, and may appoint any new or additional trustee or trustees. 3. This Order shall be read and construed with the East Africa Order in Council, 1897, and may be cited as the East Africa (Acquisition of Lands) Order in Council, 1898. 4. And the Most Honourable the Marquess of Salisbury, K.G., one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein. J. H. HARRISON. "London Gazette," July 19, 1898. + See Vol. 20. Pages 54, 72. NOTIFICATION of the Formation of the Ulu and Kitui Districts in the Province of Ukamba, East Africa Protectorate. Mombasa, September 10, 1898. [No. 76.] THE following notification is substituted for the "Ukamba District Regulations" issued at Machakos on the 3rd of December last, which are hereby withdrawn. Her Majesty's Secretary of State for Foreign Affairs, has directed that the Athi District of the Province of Ukamba, as defined in the instruction addressed by Her Majesty's Acting Commissioner and Consul-General in East Africa to Her Majesty's Sub-Commissioner at Machakos, on October 20, 1895, shall henceforth be subdivided into two separate districts as described below, to be known respectively as the Ulu and Kitui Districts. 1. The Ulu District shall consist of the whole of that portion of the hitherto existing Athi District which is situated on the right bank of the River Athi to the point of its junction with Tsavo. 2. The Kitui District shall consist of the whole of that portion of the hitherto existing Athi District which is situated on the left bank of the River Athi or Sabaki, from the point to the immediate north of Dongo Sabuk, at which the aforesaid river begins to follow a south-easterly direction to the boundary between the province of Ukamba and Seyyidieh as defined in the above-mentioned instructions. 3. The District head-quarters for Ulu District shall be Machakos, for Kitui, Nengea. This Notification may be cited as the "Ukamba Districts. Notification, 1898." ARTHUR H. HARDINGE, Her Majesty's Commissioner and Consul-General. Published at Mombasa. CLIFFORD H. CRAUFURD, Her Majesty's Sub- Mombasa, September 10, 1898. REGULATIONS for the Administration of Justice in Native Courts in the East Africa Protectorate. Mombasa, September 15, 1898. [No. 77.] REGULATIONS made by Her Majesty's Commissioner and Consul-General under Article 52 of the "East Africa OrderCouncil, 1897."* * See Vol. 20. Page. 68. 1. The Sub-Commissioner of the Province of Ukamba shall have in and for the province of Ukamba the powers of au additional Sessions Judge under the provisions of the Criminal Procedure Code. 2. The said powers shall be exercised by the Sub-Commissioner concurrently with the Chief Native Court, and the provisions of the "Native Courts Regulations, 1897,"* relating to the Chief Native Court shall, with the necessary modifications, apply to the Sub-Commissioner when sitting as a Sessions Judge. 3. In case of the illness or other incapacity of the Judicial Officer, or of his temporary absence from Mombasa, the Commissioner may appoint either a person employed in the civil or judicial administration of the Protectorate to be an acting or additional judge of the Chief Native Court. This Regulation shall be substituted for Regulation 16 of the "Native Courts Regulations, 1897." 4. These Regulations may be cited as the "Native Courts Regulations, 1898." ARTHUR H. HARDINGE, Her Majesty's Commissioner and Consul-General. Zanzibar, September 9, 1898. Published at Mombasa. CLIFFORD H. CRAUFURD, Her Majesty's Sub-Com missioner. Mombasa, September 15, 1898. NOTIFICATION respecting the Freedom from Slavery of Children born after January 1, 1890, in the Mainland Dominions of the Sultan of Zanzibar. Zanzibar, October 9, 1898. [No. 80.] WHEREAS His late Highness Seyyid Khalifa bin Said agreed on the 13th of September, 1889, with Her Majesty's then Agent and Consul-General at Zanzibar that all persons born in his dominions after January 1st, 1890, should be free; And whereas some doubt has arisen, owing to the nonpublication of this Agreement in His Highness's mainland dominions, whether it is valid and operative in them; It is hereby declared by Her Majesty's Commissioner and Consul-General for the East Africa Protectorate, under authority from Her Majesty's Government, that the said Agreement is valid and operative in the aforesaid mainland dominions of His Highness the Sultan of Zanzibar, and that no person born sub * See Vol. 20. Page 74. sequent to January 1, 1890, can be legally claimed as a slave within them. ARTHUR H. HARDINGE, Her Majesty's Commissioner and Consul-General. Zanzibar, October 9, 1898. ARTICLE 3 of the Agreement between His Highness Seyyid Khalifa and Sir Gerald H. Portal, Her Britannic Majesty's Acting Agent and Consul-General, dated September 13, 1889.* His Highness the Sultan also agrees that all children born in his dominions after the first day of January, 1890, shall be free, but it is understood that they shall remain the subjects of the Sultan if their parents are his subjects. ORDER of the Secretary of State applying the Hindu Wilis Act, the Probate and Administration Act, and the Indian Succession Act to the East Africa Protectorate. London, September 30, 1898. [No. 83.] IN pursuance of Article 11 of the "East Africa Order in Council, 1897,"t I hereby order that the following Acts of the Governor-General of India in Council, that is to say, "The Hindu Wills Act 1870" (Act XXI of 1870), and the "Probate and Administration Act, 1881" (Act V of 1881), and any enactment amending or substituted for those Acts, shall, as from the day on which this order is first publicly exhibited in the Consulate at Mombasa, apply to the East Africa Protectorate. And I hereby further order that Section 331 of the Indian Succession Act (Act X of 1865) shall, as from the said day, apply to the East Africa Protectorate. Foreign Office, 30th September, 1898. Published at Mombasa, 4th November, 1898. SALISBURY. ARTHUR H. HARDINGE, Her Majesty's Commissioner and Consul-General. REGULATIONS for the Prevention of the Introduction of the Plaque into the East Africa Protectorate. Mombasa, December 16, 1898. [No. 85.] WHEREAS under Article 45, (i), of the "East Africa Order in Council, 1897,"* Her Majesty's Commissioner and ConsulGeneral has power to make Regulations relating to public health; And whereas it is important to take measures against the possible introduction or spread of the bubonic plague now prevalent in Madagascar: It is hereby notified that Her Majesty's Commissioner and Consul-General, in the exercise of the powers aforesaid, has made, subject to the approval of Her Majesty's Secretary of State for Foreign Affairs, the following: REGULATIONS. 1. No person or goods coming from an infected or suspected port shall be permitted to land at any port or place in the East Africa Protectorate, hereinafter called the Protectorate, except Mombasa, Lamu, or Kismayu, until they have obtained at one of the three ports aforesaid a clean bill signed by the Medical Officer of the Province, or by a qualified medical officer empowered to act on his behalf." "Infected" port means a port at which the plague is declared to exist. "Suspected" port means a port at which there is good reason to suspect its existence or which is in communication with an infected port. 2. The Commander of every vessel, including buggalows or other native craft, arriving at any port of the Protectorate from an infected or suspected port, shall, before entering the harbour, hoist a yellow flag (or, if entering the port at night-time, exhibit two red lights, one above and the other at the main) and indicate by signal the port from which such vessel has come, and shall keep such flag and signals flying until permitted to take them down. The pilot or health officer or port officer on going alongside a vessel from an infected or suspected port shall direct the flag prescribed above to be hoisted, if this has not been already done. 3. The Commander shall not, except as hereinafter provided, allow any communication, except orally or by signal, with the shore or with any other vessel or boat, except the pilot's or health officer's or port officer's boat, with which communication shall be limited to receiving the pilot, who shall proceed straight to the bridge. 4. (1) All vessels passed as "healthy" according to the * See Vol. 20. Page 66, VOL. XXI. H |