time being holding the office of Resident Commissioner under "The Southern Rhodesia Order in Council, 1898," to be concurrently Resident Commissioner under this Order, provided that such officer, if so appointed, may from time to time, with the approval of the High Commissioner, appoint a deputy to act for him in the territory within the limits of this Order, and such deputy shall exercise and perform all such powers and duties as may, with the approval of the High Commissioner, be assigned to him by the Resident Commissioner, save and except that no such deputy shall be capable of acting as Commandant-General.

9. The Company may exercise the administration by an officer styled the Administrator, and under him by such other officers as may from time to time be necessary. The Company shall appoint and pay the Administrator and all such officers; but shall obtain the approval of a Secretary of State before appointing any person to the office of Administrator. The salary of the Administrator shall be fixed by the Company, with the approval of a Secretary of State, and shall not be increased or diminished without his approval. The Administrator may be removed or suspended from office by a Secretary of State, or by the Company with the approval of a Secretary of State.

10. The Administrator may hold office, unless sooner removed, for three years from the date at which he enters upon the duties of his office; and, with the approval of a Secretary of State, may from time to time be reappointed for the further term of three years. At the end of any such term the Administrator may continue in office until reappointed or until his successor is appointed.

11. If at the end of any such term, or if on a vacancy in the office, the Company does not within six months thereafter, with the approval of a Secretary of State, reappoint the Administrator or appoint his successor, a Secretary of State may appoint some person to be Administrator.

12. The Company, with the approval of a Secretary of State, may appoint some person to act as Administrator in the event of the death, removal, resignation, absence, incapacity, or suspension of the Administrator. When there is no Administrator or Acting Administrator within the limits of the Order capable of discharging the duties of the office, the Senior Judge may act as Administrator.

13. As soon as the Company, by Resolution of its Board of Directors, declares that it is expedient that a Council shall be appointed, there shall be a Council to assist the Administrator, consisting of the Resident Commissioner and Senior Judge, ex officio, and not less than three other members appointed by the Company, with the approval of a Secretary of State. A member of the said Council shall hold office for three years, unless sooner removed by the Company, with the like approval, but shall be eligible for reappointment.

* Vol. XC, page 236,

In the event of the resignation, suspension, or absence from Northern Rhodesia or other incapacity of a member of the Council other than the Senior Judge, the Company may, with the approval of a Secretary of State, appoint some other person to fill the temporary vacancy thus caused:

Provided that in default of such appointment by the Company within a period of six months after a vacancy has arisen a Secretary of State may appoint a person to fill the vacancy.

Every member appointed to fill any such temporary vacancy shall cease to be a member on the return to Northern Rhodesia, or the removal of the suspension or incapacity, of the member in whose place he was appointed.

Every member of the Council shall, before taking his seat, take and subscribe before the Administrator, or some other person authorized by him, the following oath of allegiance :

"I, A.B., do swear that I will be faithful and bear true allegiance to His Majesty King George, his heirs and successors, according to law, so help me God."

But any person authorized by law to affirm or declare instead of taking an oath may make such affirmation or declaration in lieu of such oath.

14. The Council shall meet whenever summoned by the Administrator, and shall be competent to discharge its functions notwithstanding the existence of one vacancy among its members, whether caused by a vacancy in the office of Senior Judge or of one of the other members. The Administrator shall preside at all meetings of the Council, and any two members, exclusive of the Resident Commissioner, with the Administrator, shall form a quorum. All questions shall be decided by a majority of the votes of those present, and if the votes are equal the Administrator shall have a casting vote:

Provided that the Resident Commissioner, though entitled to be present and to speak at any meeting of the Council or of any Committee thereof, shall not be entitled to vote at any such meeting.

15. The Administrator shall take the advice of the Council upon all matters of importance affecting the administration of affairs within the limits of this Order, except in cases which are too urgent to admit of their advice being taken. In all such urgent cases he shall, as soon as possible, summon the Council and acquaint them with the action taken, and the reasons therefor.

16. The Administrator may act contrary to the advice of the Council, but in every such case he shall report the matter forthwith to the Company, with the reasons for his action. In every such case any Member of the Council who dissents may require that the reasons for his dissent be recorded and transmitted to the Company. The Company may reverse any action of the Administrator, whether taken with or without or against the advice of the Council.

17. It shall be lawful for the High Commissioner, after

consulting the Administrator, to make, alter, and repeal Proclamations for the administration of justice, the raising of revenue, and generally for the peace, order, and good government of all persons within the limits of this Order.

Provided that-

(1.) The High Commissioner before issuing any such Proclamations shall wherever possible have regard to any suggestions or requests made to him in respect thereof by the British South Africa Company.

(2.) No Proclamation concerning the raising of revenue shall be made unless the assent of the Company has previously been given thereto. Such assent may be signified by telegraph.

Every Proclamation shall be published in the "Gazette" and shall from and after the date of such publication or from and after such other date as may be mentioned in such Proclamation and thereafter until disallowed or repealed or modified by any subsequent Proclamation have effect as if contained in this Order.

The production of a copy of the "Gazette" in which a Proclamation is published as above provided shall be evidence of promulgation.

The High Commissioner shall sign every Proclamation issued by him, and shall, at the first convenient opportunity, transmit an authenticated copy of every such Proclamation to the Secretary of State, and every such Proclamation may be disallowed within one year from the taking effect thereof by a Secretary of State, either of his own motion or at the request of the Company, and every Proclamation so disallowed shall become null and void so soon as the disallowance thereof shall be published in the "Gazette." but without prejudice to anything theretofore lawfully done thereunder.

18. The High Commissioner in issuing Proclamations shall respect any native laws or customs by which the civil relations of any native Chiefs, tribes, or populations under His Majesty's protection are now regulated, except so far as the same may be incompatible with the due exercise of His Majesty's power and jurisdiction.

19. No customs duties levied on any articles produced or manufactured in any part of His Majesty's dominions or in any British Protectorate and imported into Northern 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 shall be the higher: Provided that in fixing the customs duties regard shall be had to any Treaty obligations affecting the territory within the limits of this Order or any portion of it.

*

* Vol. XC, page 1054.

20. The military police forces shall be and remain under the direct control and authority of the High Commissioner and all officers and members of the said forces shall conform to and obey such orders and instructions as they may from time to time receive from the High Commissioner or from any person appointed by him to act on his behalf. The foregoing provisions of this section shall not apply to any civil police force raised and constituted as such by Proclamation. Nothing in the nature of a military operation shall be undertaken by any police or volunteer force or any part thereof until such force or part thereof shall have been declared by the High Commissioner to be employed on active service.

The High Commissioner may declare when and for what period any police or volunteer force or any part thereof shall be employed on active service, and such force or such part thereof shall, while so employed, be subject to such terms and regulations as the High Commissioner shall determine. Any police force shall be liable for service in any place within the limits of this Order, or within the limits of "The Southern Rhodesia Order in Council, 1898.”

The Resident Commissioner for the time being shall be Commandant-General of the police and volunteer forces, and shall exercise:·-

(a.) The chief command of any police and volunteer force while such force is employed on active service, or of any part of such force while so employed.

(b.) Such powers as may be conferred on the CommandantGeneral by Proclamation.

(c.) The right of inspecting at all times any police and volunteer force.

The appointment, promotion, and dismissal of officers of the volunteer and police forces, save as may be otherwise by Proclamation provided, shall be subject to the approval of the High Commissioner.

21.-(1.) There shall be a Court of Record, styled the High Court of Northern Rhodesia, with full jurisdiction, civil and criminal, over all persons and over all matters within Northern Rhodesia, subject to the provisions hereinafter contained with regard to native law and custom.

(2.) Such civil and criminal jurisdiction shall, as far as circumstances admit, be exercised upon the principles of and in conformity with the substance of the law for the time being in force in and for England, and with the powers vested in and according to the course of procedure and practice observed by and before Courts of Justice and Justices of the Peace in England according to their respective jurisdictions and authorities, except so far as such Law may be inapplicable or may be modified by any Order in Council or Proclamation.

Provided that no Act passed by the Parliament of the United Kingdom after the commencement of this Order shall be deemed to apply to the said territory.

(3.) The High Court shall have a seal, bearing the style of the Court and such device as a Secretary of State from time to time approves; but until such a seal is provided the seal of the Company may be used.

22. There shall be as many Judges of the High Court, to be paid by the Company, as from time to time may be required. Every Judge shall be appointed by a Secretary of State on the nomination of the Company, and shall hold office during good behaviour, and shall only be removed by a Secretary of State. The salaries of the Judges shall be fixed by the Company, with the approval of a Secretary of State, and shall not be increased or diminished without his approval.

23. Whenever the appointment of a Judge is necessary the Company shall nominate to a Secretary of State a fit and proper person for the office. If the Secretary of State does not approve of such person he shall so inform the Company, and the Company shall thereupon nominate another person, and so on toties quoties, but if the Company has not within six months from the date of the occurrence of a vacancy nominated some person whom the Secretary of State approves, the Secretary of State may appoint a person who has not been so nominated.

24. The High Court shall sit at such places as may from time to time be prescribed by the Administrator. The jurisdiction of the High Court may, until other arrangements are made under this Order, be exercised by any Judge thereof sitting alone.

25. If any sentence of death is pronounced by the High Court, a copy of the evidence shall be transmitted to the High Commissioner; and the sentence shall not be carried into effect until confirmed by him. The High Commissioner may signify his confirmation by telegraph.

26. The High Commissioner may remit or commute, in whole or in part, or grant a free pardon in respect of any sentence of the High Court, and may signify such remission or commutation by telegraph.

27. The High Court may make rules for regulating its procedure and practice and the admission of practitioners, and generally for the purpose of making any provision proper or necessary for the proper or effectual exercise of jurisdiction under this Order by the High Court and the Magistrates' Courts hereafter mentioned, and Rules affecting the conduct of civil suits shall be so framed as to secure as far as may be that cases shall be decided on their merits according to substantial justice without excessive regard to technicalities of pleading or procedure and without unnecessary delay. Subject hereto, and so far as the same do not extend, the procedure, rules, and regulations of the High Court shall be the same as the procedure, rules, and regulations of the English Courts.

28. In civil matters, when the amount or value in dispute exceeds 5001. sterling, an appeal shall lie from the High Court to His Majesty in Council.