"5.-(1.) On and after the commencement of this Act, the general lighthouse authorities shall levy light dues with respect to the voyages made by ships or by way of periodical payment, and not with respect to the lights which a ship. passes or from which it derives benefit, and the dues so levied shall take the place of the dues now levied by those authorities.

"(2.) The scale and rules set out in the Second Schedule to this Act shall have effect for the purpose of the levying of light dues in pursuance of this Act, but Her Majesty may, by Order in Council, alter, either generally or with respect to particular classes of cases, the scale or rules and the exemptions therefrom."

And whereas by divers Orders in Council the said Scale was altered by reducing each of the dues thereby authorised to be levied by the respective amounts referred to in the respective Orders in Council, but by Order in Council dated the 30th March, 1916, the respective Orders in Council referred to were repealed for the purpose of once more giving full effect to the Scale and Rules set out in the Second Schedule to the Act above referred to;

*

And whereas by Order in Council dated the 30th day of July, 1919, it was provided that each of the dues authorised to be levied by the said Scale should, as from the 1st day of January, 1919, be subject to an increase of 40 per cent. beyond the amount of the dues specified in the said Scale;

And whereas it has been made to appear to His Majesty that the Scale and Rules set out in the said Second Schedule should be further altered in manner hereinafter appearing:

Now, therefore, His Majesty, in exercise of the powers conferred upon him by the hereinbefore recited section, and by and with the advice of his Privy Council, doth order, and it is hereby ordered, that each of the dues authorised to be levied by the said Scale shall, as from the 1st day of April, 1920, be subject to an increase of 100 per cent. beyond the amount of the dues specified in the said scale in lieu of the increase of 40 per cent. mentioned in the said Order in Council dated the 30th day of July, 1919, and the said dues as so further increased shall be levied and the Rules construed accordingly.

ALMERIC FITZROY.

* Vol. CX,

page 170.

+ Vol. CXII, page 581.

BRITISH ORDER IN COUNCIL providing for British Administration of the Tanganyika Territory.-London, July 22, 1920.*

At the Court at Buckingham Palace, the 22nd day of
July, 1920.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by the Treaty of Peace between the Allied and Associated Powers and Germany, signed at Versailles on the 28th day of June, 1919, Germany renounced in favour of the Principal Allied and Associated Powers all her rights and titles over her Oversea possessions;

And whereas the said Treaty having been duly ratified as therein provided came into force on the 10th day of January, 1920;

And whereas it has been agreed between the Principal Allied and Associated Powers that the territories of Africa situate within the limits of this Order (being part of the territories formerly known as German East Africa) shall be administered by His Majesty the King, subject to and in accordance with the provisions of the said Treaty;

And whereas accordingly by treaty, capitulation, grant, usage, sufferance and other lawful means His Majesty has power and jurisdiction within the said territories (hereinafter called the Tanganyika Territory):

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

Preliminary.

1. This Order may be cited as The Tanganyika Order in Council, 1920."

The limits of this Order are the territories comprised in the Tanganyika Territory, which includes the territories bounded on the east by the Indian Ocean; on the north by the frontiers of the East Africa and Uganda Protectorates; on the west by the Belgian Congo, including that part of the territories formerly known as German East Africa placed under the administration of Belgium in accordance with the hereinbefore recited Treaty; and on the south by the frontiers of Northern Rhodesia, the Nyasaland Protectorate and Portuguese East Africa, and within the London Gazette," July 30, 1920. + Vol. CXII, page 1.

territories comprised in the Tanganyika Territory are also included Mafia Island and all adjacent islands between the mouths of the Rivers Rovuma and Umba, which do not form part of the Dominions of His Highness the Sultan of Zanzibar.

The said territories are in this Order referred to as "the Territory."

2. In this Order

Secretary of State" means one of His Majesty's Principal Secretaries of State;

Public Lands means all lands in the Territory which are subject to the control of His Majesty by virtue of any treaty, convention, or agreement, or of His Majesty's Protectorate, and all lands which shall have been acquired for the public service or otherwise howsoever;

66

Gazette means the Gazette of the Tanganyika Territory;

"Person" includes Corporation:

Words importing the plural or the singular may be construed as referring to one person or thing or to more than one person or thing, and words importing the masculine as referring to females (as the case may require).

3.-(1.) Where this Order or any Ordinance confers a power or imposes a duty, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.

(2.) Where this Order or any Ordinance confers a power or imposes a duty on the holder of an office, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appointed to act for him.

(3.) Where this Order or any Ordinance confers a power to make rules, regulations, or orders, then, unless a contrary intention appears, the power shall be construed as including a power, exercisable in the like manner and subject to the like approval and conditions (if any) to rescind, revoke, amend or vary the rules, regulations, or orders.

(4.) Expressions defined in this Order shall have the same respective meanings in any Ordinances, rules, or regulations made under this Order, unless a contrary intention appears.

Administration.

4.-(1.) His Majesty may, by a Commission under his Sign Manual and Signet, appoint a fit person to administer the Government of the Territory under the designation of Governor and Commander-in-Chief, or such other designation

as His Majesty thinks fit, and the person so appointed is hereinafter referred to as the Governor.

(2.) The said Governor is hereby authorised, empowered, and commanded to do and execute all things that belong to his said office, according to the tenour of any Orders in Council relating to the Territory, and of such Commission as may be issued to him under His Majesty's Sign Manual and Signet, and according to such Instructions as may from time to time be given to him under His Majesty's Sign Manual and Signet, or by Order in Council, or by His Majesty through one of His Majesty's Principal Secretaries of State, and to such laws as are now or shall hereafter be in force in the Territory.

(3.) Every person appointed to fill the office of Governor shall, with all due solemnity, before entering on any of the duties of his office, cause the Commission appointing him. to be Governor to be read and published in the presence of a Judge of His Majesty's High Court or, if there be no Judge of the said Court who is able to attend, in the presence of such other His Majesty's Officers in the Territory as can conveniently attend, which being done, he shall then and there take before him or them the oath of allegiance in the form provided by an Act passed in the Session holden in the 31st and 32nd years of the Reign of Her Majesty Queen Victoria, intituled "An Act to amend the Law relating to Promissory Oaths"; and likewise the usual oath for the due execution of the office of Governor and for the due and impartial administration of justice, which oaths the said Judge, or some other of His Majesty's Officers then present, is hereby required to administer.

(4.) Whenever the office of Governor is vacant, or if the Governor become incapable or be absent from the Territory, or is from any cause prevented from acting in the duties of his office, the person appointed to be Chief Secretary to the Government of the Territory, or if there be no such officer therein, or such officer be unable to act, then such person or persons as His Majesty may appoint under his Sign Manual and Signet, and in default of any such appointment the Senior Member of the Executive Council shall, during His Majesty's pleasure, administer the Government of the Territory, first taking the oaths hereinbefore directed to be taken by the Governor and in the manner herein prescribed, which being done, the Chief Secretary or any other such Administrator as aforesaid is hereby authorised, empowered, and commanded to do and execute, during His Majesty's pleasure, all things that belong to the office of Governor according to the tenour of this Order, and according to His Majesty's Instructions as aforesaid, and the laws of the

Territory. Provided that the Governor during his passage by sea to or from any part of the Territory, or when, in the exercise or discharge of any powers or duties by this Order in Council or otherwise conferred or imposed upon him, he is in any territories adjacent to or near to the Territory, shall not be considered to be absent from the Territory.

(5.) In the event of the Governor having occasion at any time to be temporarily absent for a short period from the seat of Government, or, in the exercise or discharge of any powers or duties conferred or imposed upon him by His Majesty, or through one of His Majesty's Principal Secretaries of State, to visit any territories adjacent to or near to the Territory, he may by an instrument under the public seal of the Territory appoint the Chief Secretary, or if there be no such officer, or such officer is absent or unable to act, then any other person to be his deputy within any part of the Territory, during such temporary absence and in that capacity to exercise, perform and execute, for and on behalf of the Governor during such absence, but no longer, all such powers and authorities vested in the Governor (except the power of pardon), as shall in and by such instrument be specified and limited, but no others. Every such Deputy shall conform to and observe all such instructions as the Governor shall from time to time address to him for his guidance. Provided nevertheless that by the appointment of a Deputy as aforesaid the power and authority of the Governor shall not be abridged, altered, or in any way affected otherwise than His Majesty may at any time think proper to direct.

5. The Governor shall have an official seal, bearing the style of his office, and such device as a Secretary of State from time to time approves, and such seal shall be deemed the public seal of the Territory, and may be kept and used by the Governor for the sealing of all things whatsoever that shall pass the public seal. And, until a public seal shall be provided, the seal of the Governor may be used as the public seal.

6. There shall be an Executive Council in and for the Territory, and the said Council shall consist of such persons as His Majesty may direct by Instructions under His Majesty's Sign Manual and Signet, and all such persons shall hold their places in the said Council during His Majesty's pleasure.

7.-(1.) The Governor may, with the approval of a Secretary of State, by Proclamation, define any boundaries of the territories for the time being within the limits of this Order, and divide those territories into provinces or districts in such manner and with such sub-divisions as may be