Native Commissioners' Courts in accordance with the provisions of any law regulating such appeals for the time being in force in the territory.

36. In civil cases between natives the High Court, the Magistrates' Courts and the Native Commissioners' Courts shall be guided by native law so far as that law is applicable and is not repugnant to natural justice or morality, or to any Order made by His Majesty in Council, or to any law or Ordinance for the time being in force. In any such case the Court may obtain the assistance of one or two native assessors to advise the Court upon native law and customs, but the decision of the Court shall be given by the Judge or Magistrate or Native Commissioner alone. In all other respects the Court shall follow as far as possible the procedure observed in similar cases in England.

37. If in any civil case between natives a question arises as to the effect of a marriage contracted, according to native law or custom, by a native in the lifetime of one or more other wives married to him according to native law or custom, the Court may treat such marriage as valid for all civil purposes in so far as polygamous marriages are recognised by the said native law or custom.

38. Every suit, action, complaint, matter or thing which shall be depending in any Court within the territory at the commencement of this Order shall and may be proceeded with in such Court in like manner as if this Order had not been passed.

44

39. The Colonial Prisoners Removal Act, 1884,"(5) shall apply to and take effect within the territory as if the same were a British Possession and part of His Majesty's dominions, subject as follows:

The Governor is hereby substituted for the Governor of a British Possession.

Native Affairs.

40. No conditions, disabilities, or restrictions which do not equally apply to persons of European descent shall, without the previous consent of a Secretary of State, be imposed upon natives (save in respect of the supply of arms, ammunition and liquor), by any Proclamation, Regulation or other instrument issued under the provisions of any law, unless such conditions, disabilities, or restrictions shall have been explicitly prescribed, defined and limited in such law.

41.-(1.) It shall not be lawful for any purpose whatever to alienate from the Chief and people of the Barotse, the territory reserved from prospecting by virtue of the concessions from Lewanika to the British South Africa Company,

(5) Vol. LXXV, page 1095.

dated the 17th day of October, 1900, and the 11th day of August, 1909.

(2.) All rights reserved to or for the benefit of natives by the aforesaid concessions as approved by the Secretary of State shall continue to have full force and effect.

42. A native may acquire, hold, encumber, and dispose of land on the same conditions as a person who is not a native, but no contract for encumbering or alienating land the property of a native shall be valid unless the contract is made in the presence of a Magistrate, is attested by him, and bears a certificate signed by him stating that the consideration for the contract is fair and reasonable, and that he has satisfied himself that the native understands the transaction.

43.-(1.) No native shall be removed from any kraal, or from any land assigned to him for occupation, except after full enquiry by, and by order of, the Governor.

(2.) If any person without such order removes or attempts to remove any native from any kraal or from any land unless in execution of the process of a competent Court, he shall, in addition to any other proceeding to which he is liable, be guilty of an offence against this Order, and on conviction before the High Court shall be liable to imprisonment with or without hard labour for any period not exceeding two years, or to a fine not exceeding £100 or to both.

(3.) Nothing in this section contained shall be deemed to limit or affect the exercise by the Chief of the Barotse of his authority in tribal matters, or to prohibit the removal of natives from any kraal or land assigned to them, where such removal is authorised by any law for the time being in force relating to public health, provided that other suitable land. be forthwith assigned to them in lieu of that from which they have been removed.

44. The Governor may refer any question relating to natives for report to any Judge of the High Court, and the Judge shall thereupon make such enquiry as he thinks fit, and shall report to the Governor the result of such enquiry.

45. In case of a revolt against the Government, or other misconduct committed by a native chief or tribe, the Governor may, with the approval of a Secretary of State, impose a reasonable fine upon the offender.

General.

46. No new railway shall be constructed in the territory save under the provisions of any Order of His Majesty in Council or of any Ordinance giving special authority in that behalf.

47. All persons in the public service of Northern Rhodesia. at the commencement of this Order shall become public officers of the territory and continue in full enjoyment of their existing rights.

48. Where under any Proclamation or law in force in the territory any power, jurisdiction or authority is at the commencement of this Order vested in the High Commissioner, such power, jurisdiction or authority shall be deemed to be transferred to and vested in the Governor so far as the continuance thereof, as a power, jurisdiction or authority so vested, is not inconsistent with the law conferring the same or repugnant to this Order.

49.-(1.) Where, under any Proclamation or law in force in the territory, any power, jurisdiction or authority is at the commencement of this Order exercised by the Administrator, such power, jurisdiction or authority shall be exercised by the Governor.

(2.) Where under any Proclamation or law in force in the territory, any power, jurisdiction or authority is at the commencement of this Order exercised by any officer other than the Administrator, such power, jurisdiction or authority shall continue to be exercised by such officer until other provision shall lawfully be made with regard thereto.

50. All His Majesty's officers, civil and military, and all other the inhabitants of the territory are hereby required and commanded to be obedient, aiding, and assisting unto the Governor and to such person or persons as may from time to time, under the provisions of this Order, administer the government of the territory.

51. His Majesty, his Heirs and Successors, in Council may from time to time revoke, add to, alter or amend this Order.

52. This Order shall commence and come into operation on the 1st day of April, 1924, and shall be published in the Gazette" and thereafter the Governor shall give directions for the further 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.

And the Right Honourable James Henry Thomas, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

M. P. A. HANKEY.

SCHEDULE.

The Northern Rhodesia (Customs) Amendment Order in Council, 1914.(6)

The Northern Rhodesia Order in Council, 1915.(7)

The Northern Rhodesia (Amendment) Order in Council, 1916.(8) The Northern Rhodesia Order in Council, 1923.(9)

(6) Vol. CVIII, page 86.
(7) Vol. CIX, page 207.

(8) Vol. CX. page 227.

(9) S. R. and O., No. 354 (1923).

BRITISH NOTIFICATION of Agreement between Great Britain and Denmark for the Mutual Abolition of Visas on Passports.-London, February 21, 1924. (1)

By an exchange of Notes between His Majesty's Principal Secretary of State for Foreign Affairs and the Danish Minister at the Court of St. James, dated the 18th December, 1923, and the 29th January, 1924, an Agreement has been concluded between His Majesty's Government and the Government of Denmark for the mutual abolition of visas on passports.

2. The Agreement will come into force on the 1st proximo, and is to the following effect:

(a.) All British subjects are allowed to travel to Denmark or Iceland without being in possession of a Danish visa, unless they intend to take up employment there.

(b.) Danish and Icelandic subjects are allowed to travel to England without being in possession of a British visa; Danish and Icelandic subjects who intend to take up employment in England shall as hitherto be in possession of Ministry of Labour permits.

Foreign Office, February 21, 1924.

(1) "London Gazette," February 22, 1924.

BRITISH ORDER IN COUNCIL amending the Constitution of the Legislature of the Island of Grenada.London, March 21, 1924. (1)

At the Court at Buckingham Palace, the 21st day of March, 1924.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by an Order of Her Majesty Queen Victoria in Council dated the 5th day of March, 1885, and made in pursuance of the powers given to Her Majesty by The Saint Vincent, Tobago, and Grenada Constitution Act, 1876, (2) after reciting that Her Majesty in Council had by an Order in Council of even date therewith approved the draft of Letters Patent (which now bear date the 17th day of March, 1885) constituting the office of Governor and Commander-in-Chief of the Windward Islands, comprising (1) "London Gazette," January 30, 1925. (2) Vol. LXVII, page 706.

the Islands of Grenada, Saint Vincent, Tobago, and Saint Lucia, and their Dependencies, it was ordered that the Legislative Council of Grenada should consist of such persons as were members thereof immediately before the publication in the Island of the said Letters Patent, and of such other persons as might be thereafter appointed in pursuance of the said Letters Patent, and that the said Council should have the powers prescribed in the said Letters Patent, and should exercise the same in the manner and with the forms in the said Letters Patent directed;

And whereas by the said-recited Act power was reserved to Her Majesty in Council from time to time to alter or amend the constitution of the Legislature of the Island of Grenada;

And whereas by an Order of Her Majesty in Council dated the 17th day of November, 1888, the Colony of Tobago was united into the Colony of Trinidad;

And whereas it hath seemed fit to His Majesty to make further and other provision for the Government of the Windward Islands comprising the Islands of Grenada, Saint Vincent, and Saint Lucia, and their Dependencies, and with that object His Majesty in Council hath, by an Order in Council of even date herewith, approved the draft of Letters Patent revoking the said Letters Patent of the 17th day of March, 1885, and constituting the office of Governor and Commander-in-Chief of the Windward Islands, comprising the Islands of Grenada, Saint Vincent, Saint Lucia, and their Dependencies, and hath ordered that the Right Honourable James Henry Thomas, one of His Majesty's Principal Secretaries of State, do cause a warrant to be prepared for His Majesty's Royal Signature, for passing under the Great Seal of the United Kingdom Letters Patent conformable to the said draft;

And whereas it is therefore necessary again to declare the constitution of the Legislature of the Island of Grenada:

Now, therefore, in pursuance of the powers in His Majesty vested in virtue of "The Saint Vincent, Tobago, and Grenada Constitution Act, 1876," it is hereby ordered by His Majesty, by and with the advice of his Privy Council, as follows:1. This Order may be cited as The Grenada (Legislative Council) Order in Council, 1924.

66

66

2. In this Order His Majesty" includes His Majesty's Heirs and Successors; "Secretary of State means one of His Majesty's Principal Secretaries of State; "Governor " means the Governor and Commander-in-Chief for the time being of the Windward Islands and includes every person for the time being administering the Government of the Windward Islands; "the Island" and "Grenada" mean the Island of Grenada and its Dependencies; "the Council"