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PROCLAMATION respecting the Introduction of Currency of
British India into the East Africa Protectorate. Mombasa,
March 18, 1899.

[No. 86.]

WHEREAS under Section 7 of the Order in Council made by Her Majesty the Queen for regulating the coinage of the East Africa Protectorate,* the Commissioner may, by Proclamation made with the approval of the Treasury and a Secretary of State, provide for giving coins which are legal tender by virtue of that Order in exchange for any coins specified in the Proclamation which are not so legal tender, and which were in circulation as current money prior to the commencement of the Order under the conditions and at the rates specified in the Proclamation.

Now therefore I, Arthur Hardinge, &c., &c., &c., having received the assent of the Treasury and of Her Majesty's Secretary of State for Foreign Affairs, do hereby proclaim as follows:

(1.) From the date of the commencement of the Order in Council and for a period of 24 days thereafter, the Treasurer of the East Africa Protectorate in the District of Mombasa, and the District Officer or other officer duly authorized to act for or on behalf of the Treasurer at the head-quarters of any district in the remaining districts of the Protectorate will be prepared to exchange the coins hereafter mentioned at the following

rates:

(a.) For every rupee of any denomination other than the rupee of British India or the rupee of the late Imperial British East Africa Company, 1 rupee of British India.

(b.) For every silver or copper coin representing any fraction of a rupee of any denomination other than of the rupee of British India or of the late Imperial British East Africa Company a corresponding silver or copper coin of British India representing the like fraction of a rupee.

(2.) On every parcel of coins so exchanged a deduction of per cent. will be made on the total value of the coins exchanged.

(3.) The Treasurer in the District of Mombasa, and any officer authorized to effect the exchange as above described in the remaining districts of the Protectorate shall have power to refuse to accept any coins whatsoever tendered him to be exchanged under this Proclamation should he have reason to believe that the coins so tendered for exchange have been imported into the East Africa Protectorate subsequently to the issue of this Proclamation or that they have been imported at any time with the intention of so offering them for exchange.

* See Page 87.

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(4.) The words " commencement of the Order" shall for the purpose of this Proclamation be held to mean the date at which the Order is formally published in each district.

ARTHUR H. HARDINGE, Her Majesty's Commissioner and
Consul-General.

Mombasa, 18th March, 1899.

RULE regulating the Scale of Fees to be levied in Her Majesty's Court for British East Africa. March 18, 1899.

Rule.

WHEREAS, under the provisions of Article 48 (a) of “The East Africa Order in Council, 1897," the Commissioner may, with the approval of the Secretary of State, and concurrence of the Treasury, make Rules imposing fees leviable in respect of any proceedings in, or processes issued out of, any Court established under the said Order, and in respect of the registration of any instrument under the said Order:

Now, therefore, in pursuance of the said provision, I, Sir Arthur Henry Hardinge, Her Majesty's Commissioner hereby direct, with the approval of Her Majesty's Principal Secretary of State for Foreign Affairs, and with the concurrence of the Lords Commissioners of Her Majesty's Treasury, that the fees specified in the Table annexed hereto shall henceforth be leviable in respect of the several proceedings, processes, and registrations mentioned therein.

March 18, 1899.

(Approved) SALISBURY.

ARTHUR H. HARDINGE,

Published in Mombasa, April 1st, 1899.

SCALE of Fees to be Levied in Her Britannic Majesty's Court for

British East Africa.

1.-IN CIVIL MATTERS.

1. For service of summons, petition, answer, motion paper, notice, warrant, decree, order, or other document on a party, witness, assessor, or other person under any branch whatever of the civil jurisdiction :

:

Within two miles (English) of the Court issuing the same..
Such fees as will cover the
cost of service, but not
less than 2 rupees.

Beyond that distance

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2. On submission of special case, to include hearing

* See Vol. 20. Page 67.

Amount. Rs. a. P.

100

30 0 0

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Bankruptcy and Liquidation by Arrangement or Composition.

7. On declaration by debtor of inability to pay his debts
8. On application under Chapter XX of the Civil Procedure Code..
9. On bankruptcy petition

10. *On petition for arrangement or composition

11. On order for adjudication

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12. *On meeting or adjournment of meeting 13. On order for discharge..

14. On notice to creditors..

15. On preparing advertisement

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15 0

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*Note.-If, on account of the smallness of the estate, the
Judge thinks fit to reduce this fee, he may do so.

PROBATE AND ADMINISTRATION.

Summary Procedure for Administration of the Estates of Deceased Persons.

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Ordinary Procedure on grant of Probate or Letters of Administration.

18. On application for probate or administration

19. On oath for every executor, administrator, or surety

20. On every security

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Note.-The sum levied in respect of these three fees shall not
exceed 5 per cent. of the net value of the estate.

21. On probate or administration in British East Africa

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The like sum as was payable in England
for stamp duty under section 27 of the
Act 44 Vict., cap. 12, in like cases.

Note. Where any of Her Majesty's Courts in British East Africa, or any
Judge or duly authorized officer thereof, shall be satisfied that estate duty
under "The Finance Act, 1894" (57 & 58 Vict., cap. 30), or
"The
Finance Act, 1896" (59 and 60 Vict., cap. 28), or any Act amending the
same, has been paid in the United Kingdom in respect of property situate
at any place within the jurisdiction of such Courts passing on the death of
the deceased person, representation of whose estate and effects shall have
been granted out of such Court, it shall be lawful for such Court to repay
to the legal personal representative or representatives the amount paid by
him or them to such Court in respect of that property on obtaining
probate or administration under section 21 of this table.

22. Where the Court appoints as administrator an officer
of the Court, in addition to the foregoing

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26. In every suit of any kind whatever, other than such as are

before specified :

Amount.

Rs. a. p. 10

15 0 0

20 0

Amount. Rs. 2. P.

Where the amount involved is-
Not exceeding 50 rupees
Exceeding 50 rupees and not exceeding 100 rupees..

Exceeding 100 rupees

100

200 100

An additional fee of 2 rupees for every rupees or part thereof up to 1,000 rupees, and an additional fee of 1 rupee for every 100 rupees in excess of 1,000 rupees. The whole fee levied not to exceed 1,000 rupees. Rs. 8. P.

100

27. On the issue of every witness summons
28. In every suit where it is not possible to estimate the subject
matter at a money value, and which is not particularly charged 10 0 0
Provided that in every case where by reason of any finding
or order of the Court a declaration of ownership of any
money or property is made, an ad valorem fee at the same
rate as in fee No. 25 shall at once become payable in
addition to the fee already paid.

29. On application for every interlocutory injunction ..
On application for a mandamus or final prohibitory injunction
31. In a suit for arrears of rent by

30.

landlord against tenant where

an order for the possession of
the property occupied is sought
from the tenant

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10

0 0

50 00

An ad valorem fee of 5;per cent. on the yearly rental of the property in addition to the fee leviable for recovery of rent under fee No. 25.

32. On every summons, motion, application, or demand taken out,

made, or filed (not particularly charged)..

33. On every decree or order (not particularly charged)

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Rs &. P.

5 00

280

34. On order for adjournment of hearing rendered 10 rupees (or such part necessary by default of either party (to be

paid by that party)..

35. On every warrant of execution against goods—

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(For less than 100 rupees
For 100 rupees, and not ex-
For 500 rupees, and not ex-
ceeding 500 rupees

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ceeding 1,000 rupees
For 1,000 rupees or upwards
otherwise than in Court by an

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Rs. a. P. 200

500

10 0 0 20 0 0

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15 0 0

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37. For attending to view, in addition to all expenses incurred
On taxation of any bill of costs, for every ten folios, from each
party to the taxation

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For attending to administer an oath or affirmation, or to take a
declaration beyond the offices of the Court, in addition to the
ordinary fee thereon

On every deposition taken before trial

44. On balances of estates of deceased persons paid

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500 7 8 0

2 per cent. of the value of the subject matter not exceeding 25 rupees.

Amount. Rs. a. p.

200

48. For filing any document whatever

49. For certifying signature or seal

50. For attendance at a sale

At request of parties interested, or of local authorities, if absent
less than two hours

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400

30 0 0

Rupees 7: 8:0, with a maximum per day of 60 rupees.

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54. For communication with another tribunal out of the jurisdiction of the Court..

II.-IN CRIMINAL MATTERS.

55. On every summons or warrant, unless specially directed by the Court, to be issued, to include service

56. On hearing in summary case

57. On warrant of commitment

58. On recognizance..

Rs. a. p.

2 0 0

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III.-ON APPEALS.

ON APPEALS FROM ANY COURT WITHIN THE PROTECTORATE TO ANY OTHER COURT WITHIN THE PROTECTORATE.

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50 0 0 50 0 0 (Such sum as the

65. On record of appeal (including expenses of transmission) Court directs.

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