"Person" includes corporation. The plural includes the singular, and the singular the plural, and the masculine the feminine. 3. The limits of this Order are the parts of Africa bounded by the River Zambesi, the German South-West African Protectorate, the Portuguese possessions, the Congo Free State, and the Kafukwe or Loengi River. Such limits further include so much of any territory belonging to the Bashukolumbwe tribe as may lie east of the Kafukwe or Loengi River. The territory within the limits of this Order shall be known as BarotzilandNorth-Western Rhodesia. 4. (1.) A Secretary of State may from time to time by notice published in the Gazette, and in the "London Gazette," declare that any parts of Africa north of the River Zambezi, and under the protection of Her Majesty, shall be included within the limits. of this Order, and from the date of such publication in the Gazette this Order shall apply to the parts named therein. (2.) A Secretary of State may from time to time by the like notice declare that any part of Africa for the time being within the limits of this Order shall, until otherwise directed, be excepted from the application of this Order; and from the date of the publication of such notice in the Gazette, the part named therein shall be excluded from the limits of this Order. 5. The High Commissioner may on Her Majesty's behalf exercise all powers and jurisdiction which Her Majesty, at any time before or after the date of this Order, had or may have within the limits of this Order, and to that end may take or cause to be taken all such measures, and may do or cause to be done all such matters and things within the limits of this Order as are lawful, and as in the interest of Her Majesty's Service he may think expedient, subject to such instructions as he may from time to time receive from Her Majesty or through a Secretary of State. 6. The High Commissioner may appoint an Administrator for Barotziland-North-Western Rhodesia, and so many Judges, Magistrates, or other officers as he may from time to time think necessary for the administration of the affairs of Barotziland— North-Western Rhodesia, and may define from time to time the districts within which such officers shall respectively discharge their functions. Every such Administrator or other officer may exercise such. powers and authorities as the High Commissioner may assign to him, subject nevertheless to such directions and instructions as the High Commissioner may from time to time think fit to give him. The appointment of such officer shall not abridge, alter, or affect the right of the High Commissioner to execute and discharge all the powers and authorities hereby conferred upon him. The High Commissioner may either, of his own motion or at the request of the Company, suspend or remove any Administrator or other officer so appointed. 7. Whenever the appointment of an Administrator, Judge, Magistrate or other officer is necessary the Company shall nominate to the High Commissioner a fit and proper person for the office. If the High Commissioner does not approve of such person he shall so inform the Company, and the Company shall thereupon nominate another person and so on as often as occasion shall require, but if the Company has not within six months from the date of the occurrence of a vacancy or in the case of a new office from the time when the High Commissioner shall have notified to the Company his intention to appoint a person to such office nominated some person whom the High Commissioner approves the High Commissioner may appoint a person who has not been so nominated. 8. In the exercise of the powers and authorities hereby conferred upon him, the High Commissioner may, amongst other things, from time to time by Proclamation provide for the Administration of Justice, the raising of Revenue by the imposition of taxes (which may include a tax in respect of the occupation of native huts) and Customs duties or otherwise, and generally for the peace, order, and good government of all persons within the limits of this Order, including the prohibition and punishment of acts tending to disturb the public peace. Provided that the High Commissioner before issuing any such Proclamation shall, whenever possible, have regard to any suggestions or requests made to him in respect thereof by the British South African Company. Provided further that no Proclamation concerning the raising or appropriation of revenue shall be made unless the assent of the Company has previously been given thereto. Such assent may be signified by telegraph. 9. The High Commissioner in issuing such proclamations shall respect any native laws or customs by which the civil relations of any native chiefs, tribes, or populations under Her Majesty's protection are now regulated, except so far as the same may be incompatible with the due exercise of Her Majesty's power and jurisdiction. 10. Every Proclamation of the High Commissioner shall be published in the Gazette, and shall, from and after a date to be mentioned in such Proclamation, and thereafter until disallowed by Her Majesty or repealed or modified by any subsequent Pro-, clamation, have effect as if contained in this Order. 11. Her Majesty may disallow any such proclamation wholly or in part, and may signify such disallowance through a Secretary of State, and upon such disallowance being publicly notified by the High Commissioner in the Gazette the provisions so disallowed shall from and after a date to be mentioned in such notification, cease to have effect, but without prejudice to anything theretofore lawfully done thereunder. 12. Subject to any Proclamation made under this Order any jurisdiction exercisable otherwise than under this Order, whether by virtue of any Statute or Order in Council, or of any Treaty,, or otherwise, and whether exercisable by Her Majesty, or by. any person on Her behalf, or by any Colonial or other Court, or under any Commission, or under any Charter granted by Her Majesty, shall remain in full force. 13. Such estimates of the expenses of the administration of Barotziland-North-Western Rhodesia as may from time to time be necessary shall be submitted to the Company for approval and, after the approval of any such estimates by the Company, if in any year the revenue raised and in pursuance of the provisions of this Order shall be insufficient to provide for the payment of the expenses of the administration, the Company shall make good the deficiency, and if in any year the said revenue is more than sufficient to provide for the payment of the said expenses, the surplus remaining after the payment of such expenses shall be paid to and become the property of the Company. 14. The Administrator shall be accountable to the Company for all revenue raised in pursuance of the provisions of this Order, and for all expenditure for the purposes of the administration. of Barotziland-North-Western Rhodesia, in such manner and subject to such instructions or rules as may from time to time be prescribed by the High Commissioner at the request of the Company. ནྟི 15. No Customs duties levied on any articles produced or manufactured in any part of Her Majesty's dominions or in any' British Protectorate, and imported into Barotziland-North-, Western Rhodesia, shall exceed in amount the duties levied on such articles according to the tariff in force in the South African Customs Union, at the date of the coming into operation of the Southern Rhodesia Order in Council, 1898,* or the tariff contained in the Customs Union Convention, concluded between the Colony of the Cape of Good Hope, the Orange Free State, and the Colony of Natal, in May 1898,† whichever are the higher. 16. Subject to the provisions of this Order and of any other Order in Council for the time being in force, and to the provisions of any Proclamation made under the provisions of any such Order as aforesaid, so much of the law of England for the time being, as is applicable to local circumstances, shall apply to and be in force within Barotziland-North-Western Rhodesia, subject to such qualifications as local circumstances render necessary. 17. Judicial notice shall be taken of this Order and of the commencement thereof, and of any Proclamation made under this Order and published in the Gazette. 18. This Order shall be published in the Gazette, and shall thereupon commence and come into operation; and the High Printed at p. 115 below. †This convention was published in the Natal Government Gazette of May 20, 1898-Government Notice, No. 306, 1898. This Order was published in the Cape of Good Hope Government Gazette Extraordinary (No. 8267a) of September 15, 1900. Commissioner shall give directions for the publication of this Order, at such places, and in such manner, and for such time or times, as he thinks proper for giving due publicity thereto. 19. Her Majesty may from time to time revoke, alter, add to, or amend this Order. A. W. FitzRoy. (iii) North-Eastern Rhodesia. THE NORTH-EASTERN RHODESIA ORDER IN COUNCIL, 1900. 1900. No. 89. At the Court at Osborne House, Isle of Wight, the 29th day of January, 1900. Whereas the territories of Africa situated within the limits of this Order, as hereinafter described, are under the protection of Her Majesty the Queen; And whereas by Treaty, grant, usage, sufferance, and other lawful means, Her Majesty has power and jurisdiction in the said territories; Now, therefore, Her Majesty, by virtue and in exercise of the powers 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. This Order may be cited as "The North-Eastern Rhodesia Order in Council, 1900." 2. This Order is divided into parts, as follows: PART I.-INTERPRETATION AND APPLICATION. 3. In this Order unless the subject or context otherwise requires:"Her Majesty" includes Her Majesty's heirs and successors. * 53 & 54 Vict. c. 37. "Secretary of State" means one of Her Majesty's Principal "High Court means the High Court of North-Eastern "Senior Judge" means the Senior or sole Judge of the High "Magistrate" means Gazette" means any official Gazette published within the limits of this Order, by Authority of the Administrator, and until such Gazette is instituted means the "British Central Africa Government Gazette." means any native of Africa, not being of European or American race or parentage. "Person" includes Corporation. The plural includes the singular, the singular the plural, and the masculine the feminine, "Military police forces" includes all military, Volunteer, and police forces from time to time raised and constituted under Queen's Regulations, and therein appointed to be under the control or authority of the Commissioner. 4. The limits of this Order are the parts of Africa bounded on the west by the boundaries of the Congo Free State and of Barotziland-North-Western Rhodesia, as defined in "The Barotziland-North-Western Rhodesia Order in Council, 1899";† on the south by the Kafukwe River and the River Zambezi down to its junction with the Luangwa River; thence by the mid-channel of the Luangwa River northwards to where it is cut by the 15th degree of latitude, and from this point by the Anglo-Portuguese boundary eastwards to the frontier of the British Central Africa Protectorate: on the east by the aforesaid frontier: on the north by the Anglo-German frontier, the south shore of Lake Tanganyika, and the southern frontier of the Congo Free State as far west as Lake Mweru, including the island of Kilwa in the British sphere. The territory for the time being within the limits of this Order shall be known as North-Eastern Rhodesia. 5. A Secretary of State may from time to time, by notice published in the "Gazette" and in the "London Gazette," declare * Printed as Parliamentary Paper, 1898 [c. 8773]. † Printed at pp. 52-56 above. |