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RULES respecting the Registration of Non-Testamentary In
struments under “ The Zanzibar Order in Council, 1881."
[Approved by the Secretary of State for Foreign Affairs,
November 28, 1893.]
RULEs under Articles 43 and 44 of “The Zanzibar Order in Council,
1884,"* made by the Consul-General and approved by the Secretary of State, with the concurrence of the Commissioners of Her Majesty's Treasury, for the Registration of Non-Testamentary Instruments.
[N.B.–The Order in Council provides that a non-testamentary instrument, as described in Rule 1, executed after the commencement of Rules made under Article 43, shall not affect any immorabproperty comprised therein, or be received as evidence of any trats action affecting that property, unless it has been registered at suca time and place and in such manner as may be prescribed by Rules so made.]
1. THESE Rules apply to the registration of any non-testamentars instrument to which a British subject is a party, purporting or operating to create, declare, assign, limit, or extinguish, whether ir present or in future, any right, title, or interest, whether tested or contingent to, in or over immovable property situate in Zanzibar.
2. These Rules shall commence and take effect from and after the 1st day of November, 1893.
3. For the purposes of these Rules, the expression “ Registrar" means the Consul-General or a Consul or Vice-Consul at Zanzibar, or a person for the time being exercising the functious of any of thuse officers.
4. For the purposes of registration, the instrument shall be brought to the Consulate; and if the Registrar requires the instrament to be left he shall give a receipt for the same, which receipt must be produced when the instrument is applied for after registration.
5. If an instrument is not in the English, French, Arabe, Gujerati, or Swahili language, it must be accompanied by a tracktion in English duly certified by a Notary Public.
6. Every instrument presented for registration must contain: description of the land to which it refers, sufficient for its ry identification.
7. Where a map or plan is comprised in or annexed to instrument, a true copy of such map or plan must accompany : 5
* Vol. LXXV, page 639.
instrument when brought for registration, and such copy shall be filed in the register-book.
8. The instrument must be brought for registration either by the person or a person executing or claiming under the same, or the representative or agent of such person, and the Registrar may require to be satisfied as to the identity of the person by whom the instrument is brought, or in the case of a representative or agent, as to his authority, which authority may be proved by probate, power of attorney, or other evidence appearing to the Registrar to be sufficient.
9. Before registering an instrument under these Rules, the Registrar shall satisfy himself that it is an instrument to which these Rules apply.
10. The Registrar shall cause a copy to be made of every instrument brought for registration, and shall compare the copy with the original, certifying it to be a true copy.
11. The Registrar shall number every such copy consecutively, entering the day of the month and the year when it is registered, aud shall file the copies in the order in which the instruments came to bis hands.
12. The filing of such copy shall be deemed to be registration of the instrument, and the register shall consist of the filed copies, arranged or bound in volumes conveniently for reference.
13. A certificate signed by the Registrar shall be indorsed on every instrument registered, containing a sufficient reference to the number and position of the instrument in the register, which certificate shall be proof of the due registration of the instrument in the absence of sufficient evidence to the contrary.
14. On the completion of the registration, the Registrar shall return the instrument and any accompanying documents to the person by whom the same were brought for registration, taking a receipt therefor in such form as the Consul-General may direct.
15. Subject to such precautionary directions as the ConsulGeneral may think proper, the register may, during the usual office hours on working days, be searched and examined by any applicant, and copies of any entry may be obtained, if required. For the purposes of searching the register, indexes shall be kept in such form and containing such particulars as to grantors, grantees, property affected and otherwise, as the Consul-General may direct.
16. In respect of the registration of instruments under these Rules, the fees mentioned in the Schedule hereto shall be payable.
RENNELL RODD, Her Britannic Majesty's Acting
Diplomatic Agent and Consul-General.
0 5 0
1. For registration
exceeding 100 words
thereof 4. For making copy of the document, if not exceeding 100 words .. 5. If exceeding that number, for every subsequent 100 words
N.B.-1f the document is in any other language than the
English, French, Arabic, Gujerati, or Swahili, double
PROVISIONAL REGULATIONS for the Government and
Administration of the British Protectorate of itu.-
By order of His Highness the Sultan of Zanzibar.
The following Provisional Regulations are issued for the gorercment and administration of the British Protectorate lying betwee the Rivers Tana and Juba:
1. All unoccupied and unassigned land is the property of the State.
2. The exclusive privilege of working, leasing, or assigning 215 mines or deposits of any metals, minerals, mineral oils, or precious stones belongs to the State.
3. The felling of timber in the forests shall be regulated by particular arrangement with the Administrator, who is empowered to grant or refuse permission, and to fix the royalty which, if permission is granted, shall be paid to the State. The wood used for building and burning, commonly known as “boriti," is not included in the above Regulation.
4. The sale of slaves is prohibited. The separation of the children of slaves from their mothers is forbidden, on the severest penalties.
Slaves may only be inherited by the lawful children of the present owners.
5. All titles to any real property are to be registered before the Administrator within a period of one year from the present date. All sạch titles brought in for registration will be publicly exhibited
in the nearest village to the locality where the property is situated within twenty-one days, to enable the claim to be contested.
After the lapse of one year from the present time, no claims which have not been registered will be recognized as legal unless the ciaimant is able to show adequate cause why he has neglected to comply with this Regulation.
The fee for registration of real property will be per cent. of the value.
6. Kathis will be appoiuted for the administration of justice at Mkonumbi, Wangeh, and Matarovi. Only the written judgments of such Kathis, appointed by His Highness the Sultan of Zanzibar, stamped with his official seal, will be recognized as valid and put into execution.
Appeal from these judgments will lie, in the first instance, to the Administrator, and finally to His Highness the Sultan of Zanzibar.
Copies of the judgments will be supplied to applicants by the Kathis, on payment of 1 per cent of the amount adjudged. The law will be administered according to the Sheria.
In all cases in which Europeans are concerned His Highness delegates his authority to the Adıninistrator, who will fix a day for hearing the case, or, in his absence, to the Assistant Administrator.
7. All mortgages, deeds of sale, transfers of property, loans, promissory notes, &c., in order to acquire legal validity must be registered before one of the above-mentioned three Kathis, according to the system now in force at Zanzibar.
The fee for registration will be 1 per cent. of the value stated.
8. The import, manufacture, and sale of fire-arms, ammunition, powder, and caps is probibited. Exceptions will only be made on the production of a signed permit from the Administrator, on the conditions prescribed by the Regulations in force in Zanzibar. Such permits will be subject to a stamp duty of 1 rupee.
9. The import of alcoholic liquors is prohibited. Exceptions will only be made in the case of limited quantities for the use of Europeans who provide a sufficient guarantee that the liquors imported are for their own personal consumption.
The retail trade in alcoholic liquors is prohibited altogether.
The standard of measurement for alcoholic liquors is that in force in Zanzibar.
10. The Customs stations of the Protectorate are the following: Port Durnford, Kiunga, Kiwaiyu, Mataroni, Dodori, Wangeh, Mgini, Mwanza, Mesarabu, Mkoi, Mkonumbi, Kimbo.
An uniform duty of 5 per cent. will be raised for the present on all imports. (Spirits, wines, beer, and tobacco which have already paid the 5 per cent. duty in Zanzibar will, if imported
direct from Zanzibar to the Protectorate, be exempt from further duty.)
The following scale of duties will be raised on native produce exported :Ivory
.. 15 per cent, ad valoren. Copal
15 Semsem ..
10 Rhinoceros horn and hippopotamus teeth 10 Tortoiseshell
10 Cowry shells
5 Native tobacco ..
5 Chillies ..
10 Matting bags
caffre corn, mawele, lentils, and
0 35 per gizla.
Duties will be collected in kind on the following of the abovementioned products : cotton, bark, matting bags, and rubber.
To avoid a second duty being charged at Lamu on certain of the above produce sent there for transhipment, a certificate should be obtained from the Customs officer who has levied the duty, stating the port of destination to which the goods will ultimately be sent. and that they are forwarded to Lamu in transit for shipment ory (N.B.-Duty will be charged by the Lamu Custom-house on ai goods which shall be opened or removed while in store there.)
The Zanzibar Government steamers will call regularly every month at Lamu, where goods may be also transhipped direct 09 board from dhows without incarring any charges for storage.
11. The Administrator is empowered to draw up local Requistions for the protection of the natural products of the country from waste or abuse.