22. His Majesty in Council shall have jurisdiction to entertain, hear and determine such appeal, and to deal therewith in accordance with the provisions of "The Eastern African (Appeal to Privy Council) Order in Council, 1921," or any amendment thereof or any Order in Council substituted therefor, and in accordance with such Rules and Regulations as may from time to time be prescribed by His Majesty in Council.

23. The Zanzibar Court shall conform with and execute any judgment of the Court of Appeal made on any appeal from that Court, and any Order of His Majesty in Council made on an appeal from the Court of Appeal sitting in appeal from the Zanzibar Court, in like manner as any original judgment of the Zanzibar Court should or might have been executed.

24. The practice and procedure relating to the form and lodging of appeals to the Court of Appeal, the taking of security, the taxation of costs and other matters incidental to such appeals, the fees payable in respect thereof, and the period of limitation within which such appeals may be lodged, shall be the same in all respects as the practice and procedure, the fees and the period of limitation prescribed from time to time in respect of appeals to the Court of Appeal from the British Court.

25.-(1.) Subject to any law for the time being in force, an appeal shall lie from any Decree, finding, Order or sentence of any subordinate Court to the Zanzibar Court:

Provided that, in civil matters, the amount or value involved in the suit exceeds 250 rupees, or that leave to appeal is granted by the Zanzibar Court.

(2.) Appeals in civil matters shall be heard by one or more Judges with or without two or more Kathis as assessors as the Judge of the British Court may direct.

26. The Judge of the British Court may make Rules of Court

(a.) For regulating the pleading, practice and procedure in the Courts hereby constituted with respect to all matters within their respective jurisdictions.

(b.) For regulating the practice where any party wishes to appeal.

(c.) For regulating the means by which particular facts may be proved in the said Courts.

(d.) For prescribing any forms to be used.

(e.) For prescribing or regulating the duties of the officers of the said Courts.

(f.) For prescribing scales of costs and regulating any matters in connection therewith.

(9.) For prescribing and enforcing the fees to be taken in respect of any proceedings.

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(h.) For prescribing the allowances to be made in criminal cases to complainants, witnesses, jurors, assessors, interpreters, medical practitioners and other persons employed in the administration of justice, and the conditions upon which an Order may be made by the Court for such allowances.

(i.) For taking and transmitting depositions of witnesses for use at trials in a British Possession or in the United Kingdom.

(k.) For regulating the mode in which legal practitioners are to be admitted to practice as such, and for withdrawing or suspending the right to practice on the grounds of misconduct, subject to a right of appeal to the Court of Appeal.

27. Subject to the directions of the British Resident, the Judge of the British Court may appoint such and so many persons to be registrars, clerks, bailiffs, interpreters and other officers of the Court as he thinks fit, and may remove from office any person so appointed. Any registrar of the Court and any other officer of the Court designated in this behalf by the Judge may administer oaths and take affidavits, declarations and affirmations.

28. (1.) Notwithstanding anything therein contained, all Courts hereby constituted shall follow, as far as circumstances will admit, the procedure set out in the Civil Procedure Decree.

(2.) The Criminal Procedure Decree and any amendments thereof shall apply to all Courts hereby constituted other than Kathis' Courts, and to all persons to whom this Decree applies.

(3.) In the application of the aforesaid Decrees the expression" High Court shall be deemed to include the Zanzibar Court hereby constituted, and any reference therein to Courts subordinate to the High Court shall be deemed to refer to the Courts of corresponding jurisdiction hereby constituted.

29. Whenever in any law in force in Zanzibar reference is made to the Supreme Court or Court for Zanzibar and Pemba, such reference shall be deemed to be made to the Zanzibar Court hereby constituted, and any reference in such laws to a Magistrate in his capacity as a Judge or presiding officer of the Court for Zanzibar and Pemba shall be deemed to be made to a Judge of the said Zanzibar Court. Subject as aforesaid, any reference to a Magistrate, unless repugnant to the context, shall be deemed to refer to an officer appointed to hold a subordinate Court of the first, second or third class or to hold any Court of corresponding jurisdiction subordinate to the British Court.

30.-(1.) When two or more persons are accused of an

offence committed jointly, one or more of whom is or are liable to be tried for such offence by one of the Courts hereby constituted, while one or more of the others is or are liable to be tried by the British Court or one of the Courts subordinate thereto, the enquiry into or the trial of such offence shall, as regards all such persons, be held in the British Court or in some Court of competent jurisdiction subordinate thereto as if all such persons were subject to the jurisdiction of that Court, and such Court is hereby vested with jurisdiction to hear and determine the enquiry into or trial of such offences accordingly.

(2.) When a person is accused of an offence for which he is liable to be tried by one of the Courts hereby constituted, and by mistake the enquiry into or the trial of such offence begins in the British Court or one of the Courts subordinate thereto, such enquiry or trial shall proceed to a conclusion in such Court as aforesaid unless before any evidence is taken the person accused claims to be tried by the Court having jurisdiction in this behalf, and unless such claim is made as aforesaid no proceedings by way of appeal or revision shall be entertained against any Order, sentence or finding in respect of such enquiry or trial by reason only of such defect of jurisdiction.

31. The Zanzibar Courts Decree (Chapter VI, Revised Laws, 1922); Part XI of the Consolidation of Laws Decree (Chapter XII, Revised Laws, 1922) and Sections 9 to 18 inclusive and 22 of the Criminal Procedure Decree are hereby repealed: Provided always that any suit, proceeding or prosecution pending at the commencement of this Decree in any Court constituted or held under any of the enactments hereby repealed shall be continued and concluded by such Court, and any appeal may be had therefrom in like manner and to the same extent as if this Decree had not been enacted, and every such Court is hereby authorised and empowered to do any act or thing or to make or give any order, judgment, decree or award in any such suit, proceeding or prosecution which might have been done, made or given by such Court before the commencement of this Decree.

Given at Zanzibar under our hand and seal this 23rd day of July, 1923. KHALIFA BIN HARUB. Countersigned under the provisions of Article 59 of "The Zanzibar Order in Council, 1914."(4)

TRADE

CONVENTION between Great Britain and
Afghanistan. Kabul, June 5, 1923.(1)

[Ratifications exchanged at London, August 4, 1923.]

WHEREAS in Article XII of the Anglo-Afghan Treaty, (2) executed on the 22nd November, 1921, A.D./30th Aqrab, 1300, Hijri Shamsi, the High Contracting Parties agree that representatives of the two Governments should be appointed to discuss the conclusion of a Trade Convention

(a.) To regulate the measures necessary for carrying out the purposes mentioned in Article IX of that Treaty; and (b.) To arrange regarding commercial matters not

mentioned in that Treaty;

wherefore the two Governments have named as their representatives

British.

Major John Aloysius
Brett;

Mr. William Walker
Nind;

Afghan.

Aqa Ghulam Muhammad
Khan, Minister of
Commerce;

Ада Faiz Muhammad
Khan, Assistant Foreign
Secretary;

to consider and discuss the matters above mentioned, and have also empowered them to consider and discuss commercial matters mentioned in Articles of the said Treaty other than Article IX, and to conclude a Trade Convention covering all matters which they were so authorised to consider and discuss.

Now, therefore, the aforesaid distinguished representatives, after meeting in the capital city of Kabul and perusing and exchanging their credentials, have concluded the following Articles :

Art. I. Goods transiting India for export to Afghanistan in respect of which the benefits of Articles VI or VII of the Anglo-Afghan Treaty of November 1921 A.D. (Aqrab 1300, Hijri Shamsi) are claimed shall leave India by one or other of the following routes:

1. Peshawar-Khyber-Torkham.

2. Thal-Parachinar-Peiwar.

3. Chaman-Kila-i-Jadid.

II. The procedure with regard to the transit of Afghan State goods as defined in Article VII, paragraph (1), of the

(1) "Treaty Series, No. 21 (1923)." Signed also in the Persian language.

(2) Vol. CXIV, page 174.

Anglo-Afghan Treaty, in respect of which the benefit of that Article is claimed, shall be that laid down in Appendix (A) to this Convention.

III. The procedure with regard to Afghan trade goods, in respect of which the benefit of Article VII, paragraph (2), of the Anglo-Afghan Treaty is claimed, shall be that laid down in Appendix (B) to this Convention.

IV. The Afghan Government agrees to furnish to the British Minister at Kabul a reasonable number of copies of its Customs Tariff Schedule, and of all Orders and Notifications introducing any change in that Schedule, or in any other way affecting commerce between Afghanistan and any portion of the British Empire.

Similarly, the British Government agrees to furnish to the Afghan Minister in London a reasonable number of copies of similar United Kingdom Tariff Schedules, Orders and Notifications, and to the Afghan Consul-General with the Government of India a reasonable number of Indian Tariff Schedules, Orders and Notifications.

V. This Convention shall be ratified, and ratifications shall be exchanged at London within two months of its signature. It shall come into force immediately upon ratification, and shall remain in force for the same period as the Anglo-Afghan Treaty executed on the 22nd November, 1921, A.D./30th Aqrab, 1300, Hijri Shamsi.

Conclusion.

These five Articles having been stipulated and agreed to in the manner and form preceding, the aforesaid representatives have agreed to the present Convention, drawn up in two copies, in English and Persian, each of them signed and sealed in their respective languages, each of which shall be of equal force, and have exchanged with each other the proper authenticated instrument.

Done at Kabul, the 5th day of June, 1923, A.D. (corresponding to the 15th Jauza, 1302, Hijri Shamsi).

J. A. BRETT.

W. W. NIND.

(Signatures of the Afghan Representatives.)

APPENDIX (A).

Rules for the Exemption from Customs Duty of Goods Imported on behalf of the Government of Afghanistan.

The following procedure shall be adopted in giving effect to the Customs concessions granted under Articles VI and VII of the Treaty between the British Government and the Government of Afghanistan in respect of exemption from payment of duty on goods imported at British Indian ports on behalf of the Government of Afghanistan for immediate transport to that country :

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