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IV. The martial law which, on the 21st October, 1890, was proclaimed throughout the territory of Witu by Admiral Fremantle, is withdrawn in accordance with the official notice to that effect signed on the 14th March, 1891, by Captain Hill, R.N., Senior Naval Officer on the East Coast of Africa.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 Govern ment, 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, 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.‡

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 inhabitants 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, shambas, &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.

‡ 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

Majesty's Vice-Consul.

GEORGE S. MACKENZIE, Director, Imperial British East Africa Company.

Witness to the signatures:

F. J. JACKSON.

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:

SAID-BIN-HAMADI HIADI (with his own hand).

NOTICE of the Imperial British East Africa Company, respecting 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 have, 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.†

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 principal European district officer.

There will be no hindrance whatever to the sale of shambas and

lands actually under cultivation; the proprietors of them may deal with them as they please.

The Company will, in the exercise of their sovereign rights over the entire coast-line, abolish the collection of double duties on produce or imports and exports of any kind passing to and from the port of Lamu and the mainland.

No one other than the Company is entitled to establish a customhouse, or collect duties or taxes of any kind, within the territory or coast-line specified in this Notification.

Kidnapping of any people or forcing them to work gratuitously is also forbidden. No tribute of any kind in produce or otherwise is to be collected from any of the people resident within the sphere of the Company's influence.

The catching and selling of slaves is also illegal, and persons caught doing such will be severely punished.

All the inhabitants of the Province of Witu are now under the rule and protection of the British Government.

And all the runaway slaves from other parts of the coast will, on the date of the Company assuming charge, found in Witu, be reckoned free people.

But domestic slaves, the lawful property of subjects of His Highness the Sultan of Zanzibar, flying to Witu after the date, will not be harboured there.

The judicial administration of the territory shall be in accordance with the procedure and provisions of the Indian Civil and Criminal Codes, which shall be applicable to all parties holding lands and properties within the territory herein referred to.

Lamu, March 20, 1891

GEORGE S. MACKENZIE, Director,

Imperial British East Africa Company.

AGREEMENT between Her Majesty's Government and the British South Africa Company.*-London, February 1891.

Conditions on extending the Field of the Operations of the British South Africa Company to the North of the Zambezi.

THE Charter of the British South Africa Company† shall extend over the territory under British influence north of the Zambezi aud

Extracted from Parliamentary Paper " Africa No. 2 (1895)."
+ October 29, 1889, Vol. LXXXI, page 617.

south of the territories of the Congo Free State and the German sphere, and accordingly the Company is hereby granted powers necessary for the purposes of good government and the preservation of public order in, and for the protection of, the said territory under British influence, but subject to the following conditions:

1. The said field of operations shall not include Nyasaland.

The territory defined by that name will be bounded, where it adjoins the Chartered territory, by a frontier which, starting on the south from a point where the boundary between the British and Portuguese spheres is intersected by the boundary of the Conventional line of the Berlin Act,* will follow that line to the point where it meets the geographical line of the Congo Basin, and will thence follow the latter line to the point where it reaches the boundary between the British and German spheres.

2. As regards the powers of government and administration by the Company, the Secretary of State shall, pursuant to the power reserved to him by the 4th Article of the Charter, subject them to the condition that, until the 1st January, 1894, or until such earlier date as he shall direct, they shall be exercised for the Company by Her Majesty's Commissioner for Nyasaland in consultation with the Company, and accordingly, in this respect, the Company's officers shall be subordinate to the Commissioner.

After the 1st January, 1894, the arrangement shall be renewable, at the discretion of Her Majesty's Government, for a further period not exceeding two years.

3. The duty of preserving peace and order incumbent on the Company under Article 10 of the Charter shall devolve on the said Commissioner so long as Article 2 hereof is in force. The Commissioner shall have the control of the police force, the establishment of which is authorized by Article 10 of the Charter, with power to employ it at his discretion in any part of the Company's field of operations north of the Zambezi and in Nyasaland.

The Company shall raise, equip, and maintain (providing the necessary barrack accommodation) the police force (under which head armed boats shall be comprised), and defray all expenses connected with its employment, expending for these purposes, through the said Commissioner, not less than 10,000l. a-year.

The said Commissioner shall be consulted as to the organization of the police, and especially as to the appointment by the Company of its officers.

4. Justice to the peoples and inhabitants within the Company's field of operations north of the Zambezi, under the 14th Article of

*February 26, 1885, Vol. LXXVI, page 4.

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