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in so far as that Concession relates to the Islands of Lamu, Manda, Patta, &c., as well as to the port and territory belonging to Kismayu.
That portion of the Concession which relates to the ports belonging to His Highness lying on that coast to the northward of the River Juba, viz., Brava, Meurka, Magadisho and Warsheikh, and Mruti, shall remain undisturbed.
His Highness the Sultan Seyyid Ali hereby grants to the Imperial British East Africa Company the concession of his entire coast-line from Wanga to Kipini, and, further, the Islands of Lamu, Manda, Patta, and his territory at Kismayu, in perpetuity, instead of for fifty years, from the date of and as stated in, first, the Corcession signed by the late Seyyid Khalifa, and dated the 9th day of October, 1888 ;* and, secondly, the Concession signed by His Highness Seyyid Ali, and dated the 4th March, 1890.
The following are the conditions of this present modified Agreement :-
The Imperial British East Africa Company to pay as rental to His Highness the Sultan for the above coast-line and all the islands embraced therein, extending from the port of Wanga to that of Kismayu, both inclusive, under the conditions detailed in the Concession of the 9th October, 1889,* the sum of 80,000 dollars annually, by quarterly payments, in advance, of 20,000 dollars each, the same to come into operation on and after the 1st June, 1891; this sum to cover absolutely and entirely all and every payment now or hereafter to be made by the Company to His Highness the Sultan on any account whatever, save only such payments as may become due to His Highness on the founder's share held by His Highness.
Nothing in this Agreement, excepting only in so far as relates to rents, revenues, and length of lease, is to be considered as running counter to the general provisions and principles of the Concession of the 9th October, 1888, under which the territory belonging to His Highness will continue to be adıninistered under His Highness' flag and in His Ilighness' name.
The provisions of Article 9 regarding drawbacks to remain in . tull force, and IIis Highness the Sultan shall only be called upon to refund to the Company the actual customs duties which he has collected on their behalf for goods passing througli and between His Highness' Custom-house and the Company's ports.
His Highness is not to be responsible for more than he bas received as customs duties levied in accordance with the terms of the Customs Tariff on behalf of the Company.
Vol. LXXIX, page 373.
In consideration of the aforementioned modification of the Concession referred to, the Company bind themselves, during the lifetime of the present Sultan, His Highness Seyyid Ali-bin-Saïd, not to put forward or to press any claim to commute their annual payment for a lump sum paid down, save on the request or initiative of His Highness the Sultan, or with the consent and approval of Her Majesty's Government.
Her Majesty's Agent and Consul-General.
GEORGE S. MACKENZIE, Director,
Imperial British East Africa Company. Witness to Mr. George S. Mackenzie's signature : ERNEST J. L. BERKELEY, Her Majesty's Vice-Consul.
March 5, 1891.
AGREEMENT between the Imperial British East Africa
Company and Witu.- March 18, 1891.
ART. I. Sheikh Fumo Amari, Bwana Avatulla, and the Notables of Witu, having duly received and read the letter addressed to them by Sir Charles Euan-Smith, fler Majesty's Agent and ConsulGeneral at Zanzibar, dated the 4th March, 1891, and having discussed all the matters therein referred to with Mr. Berkeley and Mr. Mackenzie aforesaid, do hereby, on behalf of themselves and the people of Witu, fully, freely, and loyally accept and recognize that the territory of Witu is henceforth under the control and administration of the Imperial British East Africa Company, and they further pledge themselves faithfully and loyally to serve and support and obey the said Company's administration.
II. The flag of the Imperial British East Africa Company, and no other, shall be recognized throughout the territory of Witu.
III. The Imperial British East Africa Company pledge themselves faithfully to observe each and all of the conditions of the peace concluded between the people of Witu and Sir Charles EuanSmith, Her Majesty's Agent and Consul-General, on the 23rd and 24th January, 1891.
IV. The martial law wbich, on the 21st October, 1890, was proclaimed throughout the territory of Witu by Admiral Fremantle,* is withdrawn in accordance with the official notice to that effect signed on the 14th March, 1891, by Captain Hill, R.N., Senior Naval Officer on the East Coast of Africa.
V. Vice-Consul Berkeley, on behalf of Her Majesty's Government, hereby declares the Province of Witu to be duly and formally handed over to the administration of the Imperial British East Africa Company aforesaid, under the terms of the Agreement entered into on the 5th March, 1891,4 between Sir Charles Euan-Smith, Her Majesty's Agent and Consul-General at Zanzibar, and Mr. G. S. Mackenzie, Director, Imperial British East Africa Company. I
VI. The Notables and people of Witu, being aware of, and desirous to support, the efforts that have continuously been made by Her Majesty's Government and by the British Company to suppress the Slave Trade and slavery in East Africa, do hereby freely and solemnly pledge themselves henceforth to have no dealings of any kind or description with the Slave Trade, and to use their best endeavours to suppress and obstruct it. They further engage and declare that from this day forth all the inbabitants of Witu are free, and that in the Province of Witu the status of slavery is abolished, and shall no longer be recognized, but all the aforesaid inhabitants of Witu are now British-protected persons, and shall enjoy all the rights and privileges appertaining to such persons. And the Imperial British East Africa Company will use their best endeavours to insure that while this provision regarding the freedom of all Witu subjects is put into full and legitimate execution, it shall not in any way injuriously affect the lawful rights of the subjects of His Highness the Sultan of Zanzibar resident in Lamu and the territories adjoining the Province of Witu.
But regarding the general emancipation of slaves above referred to, it is agreed, with a view to prevent an immediate and heavy loss to the owners of plantations, sham bas, &c., at present worked solely by slave labour, to defer the actual process of liberating bona fide slaves thus employed for a period of five years; the slaves, nevertheless, retaining the usual right to purchase their freedom by mutual consent at any time. The total abolition of slavery throughout the Province of Witn is fixed to take place finally and absolutely on the 24th May, 1896.
* See Declaration of October 20, 1890, Vol. LXXXII, page 362. + Page 919.
I This Agreement was terminated the 31st July, 1893, when the flag of the British Protectorate was hoisted in Witu.
VII. In consideration of the provisions of Article VI, the Imperial British East Africa Company pledge themselves to use their best endeavours, should it be requisite, to obtain and encourage the importation into Witu territory of coolie labour for agricultural and other legitimate purposes.
Done in triplicate, in English and Swahili, at Jongeni, on the 18th day of March, 1891.
ERNEST J. L. BERKELEY, Her Britannic
perial British East Africa Company.
What is written above is true.
FUMO AMARI-BIN-SULTAN ACHMED
(with his own hand). What is written above is true.
AVATULLA-BIN-HERO SOMALI (with
his own hand). Witness to above signatures : SAÏD-BIN-HAMADI HIadi (with his own hand).
NOTICE of the Imperial British East Africa Company, re
specting the Administration of Witu and the Coast from Kipini to Kismayu.-Lamu, March 20, 1891.
NOTICE is hereby given that under Arrangement dated the [5th] March, 1891,* entered into between Sir Charles Euan-Smith, Her Britannic Majesty's Agent and Consul-General at Zanzibar, acting on behalf of Her Britannic Majesty's Government, and Mr. George S. Mackenzie, Director of the Imperial British East Africa Company, the said Company and their officers bave, from the date hereof, assumed the government and control of the territory hitherto known as the Sultanate of Witu, as also the continuous coast-line from Kipini to Kismayu, over which a British Protectorate was declared, as published in the “ London Gazette ” of Tuesday, the 25th November, 1890.7
All the Regulations which are now in force in the Imperial British East Africa Company's other towns and territories (lying
* Page 919.
+ Vol. LXXXII, page 1059.
within the British sphere of influence) shall be recognized and made equally applicable to all people resident within the above-mentioned territory now acquired by the said Company.
To prevent disputes arising between Europeans and foreigners of any nationality and the natives, such as led to the late lamentable destruction of life and property, all parties are requested to lodge particulars of outstanding claims, with proofs in support of same, in order that the same may be investigated on the earliest possible date. But claims arising out of the destruction of life and property during the late troubles must be presented direct to the Representatives at Zanzibar of the several Governments interested.
The Company will take no cognizance of any claims for compensation or other than ordinary mercantile debts which may have been incurred prior to the date hereof.
Further, all foreigners claiming lands, houses, or shambas are required, within the space of six months from the date hereof, to notify same to the representatives of the Imperial British East Africa Company's Resident in Lamu, and to accompany such notification with full and true copies of the title-deeds appertaining to same, in order that they may be examined and registered in the books of the Company.
In order to remove all feelings of animosity which may exist in the minds of disaffected natives against Europeans, in consequence of the late lamentable disturbances and the subsequent British punitive expedition, all Europeans, of any nationality whatever, are hereby specially cautioned against attempting, in cases of dispute, to take the law into their own hands, and so possibly bring about a breach of the peace. All complaints should be lodged at the nearest agency of the Imperial British East Africa Company, whose representative will promptly institute a full and impartial inquiry into the case.
The said Company require that all Europeans and foreigners, when leaving the coast to proceed inland, should notify the same to the Company's principal representative in Lamu, who will furnish them with a pass commending them to the care and protection of the local Governor or Chief. Any complaints arising out of the neglect of this rule may, at the option of the Company's representative, prevent complaints being recognized or investigated.
Hereafter lands for which proper title-deeds have not been registered (other than shambas and land under actual cultivation) cannot be bought, sold, or transferred by a native to a foreigner, until the same has been duly notified to the representative of the Company, and the requisite sanction in writing be obtained from the priucipal European district officer.
There will be no hindrance whatever to the sale of shambas and