THE EAST AFRICA AND UGANDA (CURRENCY) ORDER, 1911. DATED JANUARY 23, 1911. 1911. No. 94. [This Order is printed under "Coin, Colonies (and Protectorates)" at p. 11 above.] (ii.) Uganda. THE UGANDA ORDER IN COUNCIL, 1911. 1911. No. 237. At the Court at Buckingham Palace, the 4th day of March, 1911. Whereas the territories of Africa situate within the limits of this Order are under the protection of His Majesty the King and are known as the Uganda Protectorate. And whereas by treaty, grant, usage, sufferance, and other lawful means His Majesty has power and jurisdiction within the said territories. And whereas by an Order of His late Majesty King Edward the Seventh in Council bearing date the 11th day of August, 1902, and entitled "The Uganda Order in Council, 1902,"* provision was made for the exercise of His Majesty's jurisdiction within the said Protectorate. And whereas by Article 15 of the said Uganda Order in Council, 1902, it was ordered that there should be a Court of Record in the Protectorate with full jurisdiction, civil and criminal, over all persons and over all matters in the Protectorate, and that such civil and criminal jurisdiction should, so far as circumstances admitted, be exercised in conformity with the Civil Procedure, Criminal Procedure, and Penal Codes of India, except so far as might be otherwise provided by law. And whereas before the commencement of the said Uganda Order in Council, 1902, the territories or some part or parts of the territories thereunder constituting the Uganda Protectorate were constituted a local jurisdiction under the Africa Order in Council, 1889.+ And whereas by Article 13 of the said Africa Order in Council, 1889, it was ordered that, subject to the other provisions of that Order, all His Majesty's civil and criminal jurisdiction exercis able in any local jurisdiction constituted under that Order should, so far as circumstances admitted, be exercised upon the principles * Printed St. R. & O. Rev., 1904, "Foreign Jurisdiction,” p. 77. 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. And whereas by Article 110 of the said Africa Order in Council, 1889, it was ordered that where by virtue of any Imperial Act or of that Order or otherwise any provisions of any Imperial Acts or of any law or of any Orders in Council other than that Order were applicable within any local jurisdiction or district constituted under that Order, or any form, regulation, or procedure prescribed or established under any such Act or law were or was so applicable, the same should be deemed applicable so far only as the constitution and jurisdiction of the Courts acting under that Order and the local circumstances permitted and for the purpose of facilitating application might be construed or used with such alterations and adaptations as might be necessary, subject to the further provisions contained in the said Article. And whereas by Article 28 of the said Uganda Order in Council, 1902, it was ordered that on the commencement of that Order the said Africa Order in Council, 1889, should cease to apply to Uganda, provided that, where other provision was not made by Ordinance, any law practice or procedure established by or under the said Africa Order in Council, 1889, and not superseded by the said Uganda Order in Council, 1902, should remain in force until such other provision was made. And whereas doubts have arisen respecting the extent to which the law of England is in force in the Uganda Protectorate under the above-recited provisions, and it is expedient to remove such doubts and to amend Article 15 of the said Uganda Order in Council, 1902, in such a manner as to supersede Articles 13 and 110 of the said Africa Order in Council, 1889: Now, therefore, His Majesty, by virtue and in exercise of the powers on that behalf by the Foreign Jurisdiction Act, 1890,* or otherwise, in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows: 1. This Order may be cited as the Uganda Order in Council, 1911. 2. Sub-Article (2) of Article 15 of the Uganda Order in Council, 1902, is hereby revoked without prejudice to anything lawfully done thereunder, and in place of the said sub-article the following shall be substituted : 66 (2.) Subject to the other provisions of this Order, such civil and criminal jurisdiction shall, so far as circumstances admit, be exercised in conformity with the Civil Procedure, Criminal Procedure and Penal Codes of India in force at the date of the commencement of this Order and subject thereto and so far as the same shall not extend or apply shall be exercised in conformity with the substance of the common law and doctrines of equity and the statutes of general application in force in England on the 11th day of August, 1902, * 53-4 V. c. 37. and with the powers vested in and according to the procedure and practice observed by and before Courts of Justice and Justices of the Peace in England according to their respective jurisdiction and authorities at that date, save in so far as the said Civil Procedure and Penal Codes of India and the said common law doctrines of equity and statutes of general application and the said powers procedure and practice may at any time before the commencement of this Order have been, or hereafter may be, modified amended or replaced by other provision in lieu thereof by or under the authority of any Order of His Majesty in Council or by any Ordinance or Ordinances passed in and for the Protectorate. Provided always that the said common law doctrines of equity and statutes of general application shall be in force in the Protectorate so far only as the circumstances of the Protectorate and its inhabitants, and the limits of His Majesty's jurisdiction permit and subject to such qualifications as local circumstances render necessary." 3. This Order shall be published in the Uganda Government Gazette, and shall thereupon commence and come into operation.* And the Right Honourable Lewis Harcourt, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein. Almeric FitzRoy. THE EAST AFRICA AND UGANDA (CURRENCY) ORDER, 1911. DATED JANUARY 23, 1911. 1911. No. 94. [This Order is printed under "Coin, Colonies (and Protectorates)" at p. 11 above.] THE EASTERN AFRICAN PROTECTORATES (ZANZIBAR FUGITIVE OFFENDERS) ORDER IN COUNCIL, 1911. DATED OCTOBER 3, 1911. 1911. No. 960. [This Order which applies to Uganda is printed under the subheading "British East Africa" at p. 99 above.] (iii.) Zanzibar. THE EASTERN AFRICAN PROTECTORATES (ZANZIBAR FUGITIVE OFFENDERS) ORDER IN COUNCIL, 1911. DATED OCTOBER 3, 1911. 1911. No. 960. [This Order is printed under the sub-heading "British East Africa at p. 99 above.] *This Order was published in the Official Gazette of the Uganda Protectorate of June 30, 1911. (c.) British South Africa. (ii.) Bechuanaland. THE BECHUANALAND PROTECTORATE (TATI DISTRICT) ORDER IN COUNCIL, 1911. 1911. No. 437. At the Court at Buckingham Palace, the 4th day of May, 1911. PRESENT, The King's Most Excellent Majesty Lord President Earl Carrington Lord Haversham Lord Ashby St. Ledgers. Whereas by Treaty, grant, usage, sufferance, and other lawful means His Majesty the King has power and jurisdiction within the limits of the Bechuanaland Protectorate: And whereas doubts have arisen as to the ownership of certain lands within the Bechuanaland Protectorate known as the Tati District, which lands were, under the provisions of a Proclamation of His Majesty's High Commissioner for South Africa bearing date the 21st day of January, 1911, and known as Proclamation No. 2 of that year, confirmed to the Tati Concessions, Limited, as is in the said Proclamation described and set forth: And whereas it is expedient to remove such doubts: Now, therefore, His Majesty, by virtue and in exercise of the powers on this behalf by "The Foreign Jurisdiction Act, 1890,"* or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows: (I) The land within the Bechuanaland Protectorate usually known as the Tati District is hereby declared to be vested in His Majesty; (II) The High Commissioner for South Africa is hereby empowered to grant such land to the Tati Concessions, Limited, in full ownership; (III) Notwithstanding anything in this Order or in any other Order, Proclamation, or Law contained, the provisions of the High Commissioner's Proclamation No. 2 of 1911 shall have full force and effect; (IV) This Order may be cited as The Bechuanaland Protectorate (Tati District) Order in Council, 1911; (V) His Majesty may at any time add to, alter, or amend this Order. Almeric FitzRoy. #53-4 V. c. 37. THE BECHUANALAND PROTECTORATE (COINage) Order, 1911. DATED JANUARY, 23, 1911. 1911. No. 93. [This Order is printed under " Coin, Colonies (and Protectorates)" at p. 9 above.] (iii.) Southern Rhodesia. THE SOUTHERN RHODESIA ORDER IN COUNCIL, 1911. 1911. No. 439. At the Court at Buckingham Palace, the 4th day of May, 1911. Whereas it is expedient to amend the provisions of the Southern Rhodesia Order in Council, 1898* (hereinafter referred to as "the Order of 1898 "), and the provisions of the Southern Rhodesia Order in Council, 1903+ (hereinafter referred to as "the Order of 1903 "). And whereas it is expedient to ensure to the Company the control of financial matters while preserving to members of the Legislative Council full liberty of discussion and debate. Now, therefore, His Majesty, by virtue and in exercise of the powers by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty invested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows: 1. This Order may be cited as the Southern Rhodesia Order in Council, 1911. 2. The number of members of the Executive Council for Southern Rhodesia appointed by the Company shall be three instead of four; and the word "three" shall accordingly be substituted for the word "four in paragraph (1) of Article 13 of the Order of 1898. In paragraph (3) of Article 14 of the Order of 1898 the word "two shall be substituted for the word "three." 3. In the paragraph of Article 2 of the Order of 1903, which is marked 17 (1),§ the word "twelve " is hereby substituted for the word "fourteen "; and the word "five" is hereby substituted for the word seven," where that word first occurs in the said paragraph. 66 * Printed St. R. & O. Rev., 1904, "Foreign Jurisdiction," p. 115. †The 1898 Order is printed as above as amended by that of 1903. 53-4 V. c. 37. The references are to Art. 17 of the 1898 Order as reprinted as amended by that of 1903. |