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. 5. The Governor shall keep and use the Public Seal of the Protectorate for sealing all things whatsoever that shall pass the said Seal: Provided that until a Public Seal shall be provided for the Protectorate the Official Seal heretofore used by the Commissioner may be used as the Public Seal of the Protectorate. 6. There shall be an Executive Council in and for the. Protectorate, 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. There shall be a Legislative Council in and for the Protectorate, and the said Council shall consist of the Governor and such persons, not being less than two at any time, as His Majesty may direct by any Instructions under His Majesty's Sign Manual and Signet, or through one of His Majesty's Principal Secretaries of State, and all such persons shall hold their places in the said Council during His Majesty's pleasure. 8. The persons who shall from time to time compose the said Legislative Council shall have full power and authority, subject always to any conditions, provisoes, and limitations prescribed by any Instructions under His Majesty's Sign Manual and Signet, to establish such Ordinances, and to constitute such Courts and officers, and to make such provisions and regulations for the proceedings in such Courts, and for the administration of justice, as may be necessary for the peace, order, and good government of the Protectorate. The Governor shall have a right to veto in the making and passing of all such Ordinances. 9. There shall be reserved to His Majesty, His heirs and successors, full power and authority, and His and their undoubted right, to disallow any such Ordinances, and to signify such disallowance through one of His or their Principal Secretaries of State. Every such disallowance shall take effect from the time when the same shall be promulgated by the Governor in the Protectorate. There shall also be reserved to His Majesty, His heirs and successors, His and their undoubted right, with the advice of His or their Privy Council, from time to time to make all such Laws or Ordinances as may appear to Him or them necessary for the peace, order, and good government of the Protectorate. 10. In the making of any Ordinances the Governor and the said Legislative Council shall conform to and observe all rules, regulations, and directions in that behalf contained in any Instructions under His Majesty's Sign Manual and Signet. 2 11. The Governor, in His Majesty's name and on His Majesty's behalf, may make and execute, under the Public Seal, grants and dispositions of any lands within the Protectorate which may be lawfully granted or disposed of by His Majesty Provided that every such grant or disposition be made in conformity, either with some Order in Council or law now or hereafter in force in the Protectorate, or with some Instructions which may be addressed to the Governor under His Majesty's Sign Manual and Signet, or through one of His Majesty's Principal Secretaries of State. 12. The Governor may constitute and appoint all such judges, commissioners, justices of the Peace, and other necessary officers, as may be lawfully constituted or appointed by His Majesty, all of whom, unless otherwise provided by law, shall hold their offices during His Majesty's pleasure. 13. The Governor may, upon sufficient cause to him appearing, suspend from the exercise of his office any person holding any office within the Protectorate, whether appointed by virtue of any Commission or Warrant from His Majesty or in His Majesty's name or by any other mode of appointment. Every such suspension shall continue and have effect only until His Majesty's pleasure therein shall be signified to the Governor. In proceeding to any such suspension, the Governor is strictly to observe the directions in that behalf given to him by any Instructions as aforesaid. 14. When any crime or offence has been committed within the Protectorate, or for which the offender may be tried therein, the Governor may, as he shall see occasion, in His Majesty's name and on His Majesty's behalf, grant a pardon to any accomplice in such crime or offence who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders, if more than one; and further, may grant to any offender convicted in any Court, or before any judge or other magistrate, within the Protectorate, a pardon, either free or subject to lawful conditions, or any remission of the sentence passed on such offender, or any respite of the execution of such sentence, for such period as the Governor thinks fit, and may remit any fines, penalties, or forfeitures due or accrued to His Majesty. 15. Whenever the office of Governor is vacant, or if the Governor becomes incapable or be absent from the Protectorate, or is from any cause prevented from acting in the duties of his office, 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 Protectorate, first taking the oaths herein before directed to be taken by the Governor and in the manner herein prescribed, which being done, the 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 tenor of this Order, and according to His Majesty's Instructions as aforesaid, and the Laws of the Protectorate. Provided that the Governor during his passage by sea to or from any part of the Protectorate, 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 Protectorate, shall not be considered to be absent from the Protectorate. 16. 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 by this Order in Council or otherwise conferred or imposed upon him by His Majesty to visit any territories adjacent to or near to the Protectorate, he may by an instrument under the Public Seal of the Protectorate appoint any person or persons to be his deputy or deputies within any part of the Protectorate, and in that capacity to exercise, during his pleasure, such of the powers hereby vested in the Governor, except the powers of suspension and pardon, as the Governor shall think fit to assign to him or them. The appointment of such deputy or deputies shall not affect the exercise by the Governor himself of any of his powers or authorities. Every such deputy shall, in the discharge of his office, conform to and observe all such Instructions as the Governor shall address to him for his guidance. 17. And all His Majesty's officers, civil and military, and all other the inhabitants of the Protectorate, are hereby required and commanded to be obedient, aiding, and assisting unto the Governor, and to such person or persons as may from time to time, under the provisions of this Order, administer the Government of the Protectorate. 18. In this Order the term the Governor," unless inconsistent with the context, shall include every person for the time being administering the Government of the Protectorate. 19. His Majesty, His heirs and successors, in Council may at any time revoke, alter, or amend this Order. 20. The following sections of the Order of His Majesty in Council, dated the 11th August, 1902, and known as the East Africa Order in Council, 1902, shall, upon the coming into operation of this Order, be revoked, without prejudice to any thing lawfully done thereunder, namely:-Sections 4, 5, 8, 9, 10, 12 [except Sub-sections (8) and (10)], Sections 17 and 19. 21. This Order shall be read and proclaimed within the Protectorate, and shall thereupon commence and come into operation, And the Right Honourable the Earl of Elgin, K.G., one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein. A. W. FITZROY. BRITISH ORDER IN COUNCIL giving effect to the Act of the Parliament of Natal, relating to Fugitive Offenders, as part of the "Fugitive Offenders Act, 1881."-London, October 22, 1906.* At the Court at Buckingham Palace, the 22nd day of October. 1906. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by the Fugitive Offenders Act, 1881,† it is provided that if the legislature of a British possession pass any Act or Ordinance for determining the court, judge, magistrate, officer, or person by whom, and the manner in which any jurisdiction or power under the said Act is to be exercised, it shall be lawful for His Majesty by Order in Council to direct, if it seems to His Majesty in Council necessary or proper for carrying into effect the objects of the said Act, that such Act or Ordinance shall, with or without modification or alteration, be recognised and given effect to throughout His Majesty's dominions and on the high seas as if it were part of the said Act; And whereas the Parliament of Natal has passed an Act intituled "An Act to provide for the more convenient administration of the Fugitive Offenders Act, 1881, of the Imperial Parliament," which said Act provides that the jurisdiction under Part One of the Fugitive Offenders Act, 1881, to hear a case and commit a fugitive to prison to await his return, shall be exercised in Natal by any magistrate appointed under the provisions of the Magistrates' Courts Act, 1896, and the said Act has been assented to by the Governor of Natal; And whereas it seems to His Majesty in Council necessary and proper for carrying into effect the objects of the Fugitive Offenders Act, 1881, that the said Act, passed by the Parliament of Natal and assented to by the Governor, shall without modification or alteration be recognised and given effect to throughout His Majesty's dominions and on the high seas as though it were part of the Fugitive Offenders Act, 1881; Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, that the said Act passed by the Parliament of Natal shall without modification or alteration be recognised and given "London Gazette," October 26, 1906. + Vol. LXXII, page 622. No. 13, 1906. effect to throughout His Majesty's dominions and on the high seas as if it were part of the Fugitive Offenders Act, 1881. And the Right Honourable the Earl of Elgin, K.G., one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly. A. W. FITZROY. BRITISH ORDER IN COUNCIL altering the Scale of Light Dues levied under the Merchant Shipping (Mercantile Marine Fund) Act, 1898.-Sandringham, December 1, 1906.* At the Court at Sandringham House, the 1st day of December, 1906. PRESENT THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by Section 5, Sub-section 2, of the Merchant Shipping (Mercantile Marine Fund) Act, 1898,† it is enacted that the scale and rules set out in the Second Schedule to that Act shall have effect for the purpose of the levying of light dues in pursuance of that Act, but His 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 Order in Council dated the 10th day of August, 1903, His Majesty was pleased to alter the said scale as from the 1st day of April, 1903, by reducing each of the dues authorised to be levied by 12 per centum of the amounts specified by the said scale: And whereas it has been made to appear to His Majesty that the said scale should be further altered in manner hereinafter appearing: Now, therefore, His Majesty, in exercise of the powers vested in Him by the above-recited provisions, doth, for the purpose of the levying of light dues in pursuance of the said Act, by this Order in Council alter the scale set out in the said Second Schedule to the said Act in manner following, that is to say : 1. Each of the dues authorised to be levied by the said scale shall, for a period of three years from the date of coming into operation of this Order, be subject to a reduction of 7 per centum beyond the reduction of 12 per centum provided for by the said Order in Council of the 10th day of August, 1903, and the said dues as so reduced shall be levied accordingly. 2. This Order in Council shall come into operation as and from the 1st day of April, 1907. "London Gazette," December 7, 1906. A. W. FITZROY. |