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the plaintiff or the complainant, the matter shall be brought before and decided by the highest authority of the Sultan, or some person specially delegated by him for this purpose. The proceedings and final decision in such a case shall not, however, be considered legal unless notice has been given, and an opportunity afforded for the British Consul or his substitute to attend at the hearing and final decision.

XVII. Subjects of His Highness the Sultan or any non-Christian nation not represented by Consuls at Zanzibar, who are in the regular service of British subjects, within the dominions of His Highness the Sultan of Zanzibar, shall enjoy the same protection as British subjects themselves. Should they be charged with having committed a crime or serious offence punishable by law, they shall, on sufficient evidence being shown to justify further proceedings, be handed over by their British employers or by order of the British Consul to the authorities of His Highness the Sultan for trial and punishment.

XVIII. Should a subject of Her Majesty, residing in the dominions of His Highness the Sultan of Zanzibar, be adjudicated bankrupt, the British Consul shall take possession of, recover, and realise all available property and assets of such bankrupt, to be dealt with and distributed according to the provisions of British bankruptcy law.

XIX. Should a subject of His Highness the Sultan of Zanzibar resist or evade payment of the just and rightful claims of a British subject, the authorities of His Highness the Sultan shall afford to the British creditor every aid and facility in recovering the amount due to him. In like manner the British Consul shall afford every aid and facility to subjects of His Highness the Sultan of Zanzibar in recovering debts justly due to them from a British subject.

XX. Should a British subject die within the dominions of His Highness the Sultan of Zanzibar, or dying elsewhere, leave property therein, movable or immovable, the British Consul shall be authorized to collect, realise, and take possession of the estate of the deceased to be disposed of according to the provisions of British law.

XXI. The houses, dwellings, warehouses, and other premises of British subjects or of persons actually in their regular service within the dominions of His Highness the Sultan of Zanzibar shall not be entered, or searched, under any pretext by the officials of His Highness, without the consent of the occupier, unless with the cognizance and assistance of the British Consul or his substitute.

XXII. It is hereby agreed between the two high contracting parties that, in the event of an agreement being hereafter arrived at between His Highness the Sultan of Zanzibar and the various Powers with which His Highness shall be in Treaty relations, including Great Britain, which must be a consenting party, whereby the residents of a district or

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town snall, without distinction of nationality, be made subject to the payment of local taxes, for municipal and sanitary purposes, the same to be fixed and administered by or under the control of a special board, nothing contained in this Treaty shall be understood so as to exempt British residents from the payment of such taxes.

TAJOURA [EAST AFRICA].

Treaty between the Sultan and the Honourable East India Company, 19 August, 1840.

V. Any subject of either Power having committed crime or offence is to receive sentence awarded by their own laws and regulations.

ZAILA [EAST AFRICA].

Treaty between the Governor and the Honourable East India Company, 3 September, 1840.

IV. Any subjects of either Power having committed crime or offence are to be punished by their own laws and customs of the countries they belong to.

MADAGASCAR.

Convention, 17 December, 1885, signed at Tamatave between the French Republic and the Queen of Madagascar.

I. Le Gouvernement de la République représentera Madagascar dans toutes ses relations extérieures. Les Malgaches à l'étranger seront placés sous la protection de la France.

II. Un résident, représentant le Gouvernement de la République, présidera aux relations extérieures de Madagascar, sans s'immiscer dans l'administration intérieure des Etats de Sa Majesté la Reine.

IV. Les autorités dépendant de la Reine n'interviendront pas dans les contestations entre Français ou entre Français et étrangers. Les litiges entre Français et Malgaches seront jugés par le résident, assisté d'un juge malgache.

V. Les Français seront régis par la loi française pour la répression de tous les crimes et délits commis par eux à Madagascar.

Treaty, 27 June, 1865.

XI. Her Majesty the Queen of Madagascar agrees that in all cases where a British subject shall be accused of any crime committed in any part of her dominions, the person so accused shall be exclusively tried and adjudged by the British Consul, or other officer duly appointed for that purpose by Her Britannic Majesty. But any British subject whom

the British Consul or other officer shall find to have been guilty of having openly offended against the laws of Madagascar shall be liable to be banished from the country.

In all cases where disputes or differences shall arise within the dominions of the Queen of Madagascar between British subjects and the subjects of Her Majesty the Queen of Madagascar, Her Britannic Majesty's Consul, or other duly appointed officer, aided by an officer duly authorized by Her Majesty the Queen of Madagascar, shall have power to hear and decide the same.

The Malagasy authorities shall not interfere in differences or disputes between British subjects, or between British subjects and the subjects or citizens of any third Power.

The British authorities shall not interfere in differences or disputes between Malagasy subjects and the subjects or citizens of any third Power in Madagascar.

XII. If a subject of the Queen of Madagascar should refuse or evade the payment of a debt due to a British subject, the local authorities shall afford every assistance and facility to the creditor for recovering the debt; and in like manner the British Consul shall afford every assistance to subjects of the Queen of Madagascar to recover debts due to them by British subjects.

XIV. The Malagasy authorities shall do all in their power to deliver up property of a British subject who may die in Madagascar to his heirs or representatives, or, in their absence, to the British Consul.

The property of a subject of the Queen of Madagascar who may die in the British Dominions shall be treated in the same manner as the property of a British subject.

XVIII. Her Majesty the Queen of Madagascar engages to abolish trial by the "ordeal of poison."

THE AFRICAN CONTINENT.

The Queen's foreign jurisdiction in Madagascar continues, notwithstanding the French Protectorate. The last Order in Council regulating its exercise was issued the 15th October, 1889, declaring that "Her Majesty the Queen has power and jurisdiction in the parts of Africa mentioned in this Order, and in the Island of Madagascar."

The limits of the Order are defined to be "the Continent of Africa, with the maritime and interior territorial waters thereof, and the islands adjacent thereto, and the Island of Madagascar and its dependencies and their territorial waters."

The following are excluded from the jurisdiction :—

1. Any place for the time being comprised within the limits of the ordinary territorial jurisdiction of the Courts of any African possession

of Her Majesty, or of the Courts of any possession of any other nonAfrican Power.

2. The territories of Morocco, Tunis, Liberia, Zanzibar, the South African Republic, and the Orange Free State.

3. Any other place in which any other Order in Council under the Foreign Jurisdiction Acts is for the time being in force.

4. Any place for the time being subject to the jurisdiction of the Egyptian Courts.

It is declared that the power of constituting, altering, or abolishing jurisdictions for the purposes of the Order may be exercised with reference to the districts or territories for the time being included in Her Majesty's Protectorate of the Niger district, or in any other existing or future Protectorate: or under the government of the International Association of the Congo, or under the government of the Free States under its administration, subject to and in accordance with the convention between Her Majesty and the International Association of 16th December, 1884.

Madagascar forms one local jurisdiction, and the remainder of the places included in the Order form another.

The powers conferred by this Order extend to the following persons and matters, in so far as by Treaty, grant, usage, sufferance, or other lawful means, Her Majesty has power or authority in relation to such persons and matters :

(1) British subjects, including persons enjoying Her Majesty's protection, and subjects of the several Princes and States in India in alliance with Her Majesty, residing and being in the parts of Africa to which the Order applies, and in the Island of Madagascar.

(2) The property and personal and proprietary rights and obligations of British subjects within the local jurisdiction (whether such subjects are or are not within the jurisdiction), including British ships with their boats and the persons and property on board thereof, or belonging thereto.

(3) Foreigners, whether natives or subjects of Africa or not, who submit themselves to a Court, in accordance with the provisions of the Order.

(4) Foreigners, whether natives or subjects of Africa or not, with respect to whom any State, King, Chief, or Government, whose subjects, or under whose protection they are, has, by any Treaty or otherwise, agreed with Her Majesty for, or consented to, the exercise of power or authority by Her Majesty.

MUSCAT (the capital of Oman in South East Arabia).

Convention, 31 May, 1839.

IV. Subjects of the dominions of His Highness the Sultan of Muscat, actually in the service of British subjects in those dominions, shall enjoy the same protection which is granted to British subjects themselves; but if such subjects of the dominions of His Highness the Sultan of Muscat shall be convicted of any crime or infraction of the law requiring punishment, they shall be discharged by the British subject in whose service they may be, and shall be delivered over to the authorities of His Highness the Sultan of Muscat.

V. The authorities of His Highness the Sultan of Muscat shall not interfere in disputes between British subjects, or between British subjects and the subjects or citizens of other Christian nations. When differences arise between a subject of the dominions of His Highness the Sultan of Muscat and a British subject, if the former is the complainant, the cause shall be heard by the British Consul or Resident Agent, who shall administer justice thereupon. But if the British subject is the complainant against any of the subjects of His Highness the Sultan of Muscat, or the subjects of any other Mahomedan Power, then the cause shall be decided by the highest authority of His Highness the Sultan of Muscat, or by any person nominated by him; but in such case the cause shall not be proceeded in, except in the presence of the British Consul or Resident Agent, or of some person deputed by one or other of them, who shall attend at the Court House where such matter shall be tried. In causes between a British subject and a native of the dominions of His Highness the Sultan of Muscat, whether tried before the British Consul or Resident Agent, or before the above-mentioned authority of His Highness the Sultan of Muscat, the evidence of a man proved to have given false testimony on a former occasion shall not be received.

VI. The property of a British subject who may die in the dominions of His Highness the Sultan of Muscat, or of a subject of His Highness the Sultan of Muscat who may die in the British dominions, shall be delivered over to the heirs or executors, or administrators of the deceased, or to the respective Consuls or Resident Agents of the contracting parties, in default of such heirs, or executors, or administrators.

VII. If a British subject shall become bankrupt in the dominions of His Highness the Sultan of Muscat, the British Consul or Resident Agent shall take possession of all the property of such bankrupt, and shall give it up to his creditors to be divided among them. This having been done, the bankrupt shall be entitled to a full discharge from his creditors, and he shall not at any time afterwards be required to make

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