55. On record of appeal (including expenses of transmission) {Such sum as the

Court directs.

56. On the appeal

In Criminal Matters.

Rs. a. p.

10 0 0

ORDER applying the Indian Stamp Act, 1879, and Amendments, to the East Africa Protectorate, and repealing the Proclamations respecting Stamp Duties of October 15 and December 24, 1896. London, May 25, 1899.

[Published at Mombasa, July 19, 1899.]

IN pursuance of the powers conferred upon me by Article 11 of The East Africa Order in Council, 1897,"* I hereby order that upon and after the 25th day of May, 1899, the Proclamations with respect to stamp duties made by Her Majesty's Commissioner and Consul-General for East Africa on the 15th October and 24th December, 1896,† shall cease to have effect, and "The Indian Stamp Act, 1879" (Act I of 1879) and every Act amending that Act shall apply to the East Africa Protectorate subject to the following modifications, that is to

Say:

1. In the said Act" the Protectorate" shall be substituted for “British India.”

2. Notifications required by the said Act to be made in any "Gazette" shall be published in such manner as the Commissioner by any general or special order shall direct.

3. "Sub-Commissioner" shall, with respect to each province of the Protectorate, be substituted for "Chief Controlling Revenue authority" and for " Collector."

4. Until further order adhesive stamps shall be used in all cases, and the provisions of the said Act as to impressed stamps shall not apply.

5. Any instrument to which the first proviso in Section 34 of the Act applies may be admitted in evidence on payment of the duty, with or without penalty, as the Court thinks fit in the circumstances of the case; and when the Court imposes a penalty it shall be such as the Court thinks fit, not exceeding See Vol. 20. Page 54. + Nos. 26 and 36. See Pages 57 and 60

VOL. XXI.

I

the penalty specified in that section in respect of the instrument in question.

6. The powers of the Governor-General in Council and of the Local Government under the said Act shall be exercisable by the Secretary of State, or, with his previous or subsequent assent, by the Commissioner.

SALISBURY, Her Majesty's Principal Secretary of State for Foreign Affairs.

Foreign Office, May 25, 1899.

RULES for the Administration of Estates in Native Courts in the British East Africa Protectorate. Mombasa, July 19, 1899.

RULES and ORDERS made by Her Majesty's Commissioner and Consul-General under Article 52 of the East Africa Order in Council, 1897.*

1. It shall be the duty of the nearest relation of any native who dies possessed of property on or after the date of these Rules and Orders, to give immediate information of the death to the Court within whose jurisdiction the death has occurred or the deceased person was habitually resident.

2. Upon the receipt of the information of the death of any such person, it shall be the duty of the Court to appoint one or more trustworthy persons to be a Wasi or Wasis of the native's estate. If the deceased person has himself appointed a Wasi to wind up his estate, the Court shall confirm the appointment unless it sees good reason to set the appointment aside.

3. The appointment of the Wasi shall be in the following form:

In the Court of the (here state Court as "District of Melindi" or "Wali of Gazi ").

Administration of the estate of (here state name of deceased).

Be it known that on the (here insert date) this Court hath appointed (here insert name and description of Wasi or Wasis) to be the Wai (or Wasis) of the property and estate of (here insert name, address, and descrip. tion of deceased) who died at Wasi (or Wasis) having undertaken well and faithfully to administer the said estate as hereunder mentioned.

Signature of Judge.

on the

day of

the said

And the following declaration shall be made and signed by the Wasi, and annexed to the original appointment retained by the Court.

I (or we) hereby solemnly and sincerely declare that I (or we) will well and faithfully administer the estate of the above-named deceased person by paying his * See Vol. 20. Page 68.

just debts and distributing the residue of his estate according to law, and will keep true and fully detailed accounts of all and singular the estate and effects of the deceased and of my (or our) dealings with the property, and will produce them to the Court whenever required by the Court so to do.

Signature of Wasi.

The appointment shall be made in duplicate, and shall be signed by the Judge making the appointment, and one copy shall be given to the Wasi and the other shall be filed by the Court.

The Court shall transmit to the Registrar of the Protectorate Court with the periodical returns of the cases, a statement of all appointments made under this regulation.

4. If the deceased has duly appointed a Wasi or Wasis in writing for the purpose of winding up his affairs, the Court may in the absence of special reasons to the contrary, confirm the appointment forthwith, but in all other cases the Court shall in the first instance publish the following notice, in such manner as notices are usually published.

NOTICE.

Name of Court.

Date.

In the matter of the estate of (here insert the name of the deceased) deceased. Notice is hereby given that on the (here insert a date not less than seven days after publication of the notice).

I purpose to appoint (insert name and description of proposed Wasi or Wasis) to be the Wasi (or Wasis) of the estate of the late (insert name and description of deceased).

If any person wishes to object to the proposed appointment he must give me notice of his objection before the expiration of this Notice. Signature of the officer making the order.

5. Except in the case mentioned in the foregoing rule, no Wasi shall be appointed until the said notice has been published and has expired, but the Court may take such steps as it deems necessary, to preserve the property of the deceased pending the formal appointment of a Wasi.

6. If any notice of objection be given, the Court shall hear the parties, and shall then appoint a Wasi or Wasis who may be either the person or persons named in the notice or some other person or persons. The appointment of a Wasi shall be deemed to be a judicial proceeding, and any person aggrieved by the decision of the Judge shall have the same right of appeal as is provided in a Civil Case.

7. No person other than a person appointed by the Court to be a Wasi of the estate shall without the special leave of the Court take possession of, sell, or in any way whatever interfere or deal with the property of a deceased person.

8. All Native Courts shall have jurisdiction to appoint Wasis unless such jurisdiction be withdrawn by the Chief

Native Court, but when there are more than one Native Court in the same place or in close proximity to each other, the Chief Native Court shall direct that any one of such Courts shall exercise the jurisdiction conferred by these Rules to the exclusion of the other or others.

9. It shall be lawful for a Wasi or for any person having an interest in the property of the deceased person, whether as creditor, heir, or legatee, to make an application for the Court to administer the affairs of the deceased.

10. If it appears to the Court that there is considerable difficulty in administering the affairs of the deceased, or that no satisfactory person is available as a Wasi, or that the interest of any person is likely to suffer if the estate be administered out of Court, or for any other good and sufficient reason, the Court may make an order declaring that the estate. shall be administered by the Court.

11. In the case of an estate being administered by the Court, the Judge shall cause an inventory of the goods of the deceased to be made, and subject to any arrangement that may be made for the division of the property amongst the heirs, shall sell the same.

All moneys left by the deceased or arising from the sale of his property shall be paid into Court, and an account of all dealings with the property shall be kept.

12. After payment of the reasonable funeral expenses and all debts due from the deceased, the Court shall distribute the residue of the estate according to law.

13. The Court shall take such steps as may appear to be necessary to protect the property of any infant or person of unsound mind, and shall in ordinary cases invest such property in the purchase of land in the Protectorate, and in making such investment the Court shall not purchase any house without at the same time purchasing the ground upon which it stands.

14. If after winding up the estate of a deceased person the Wasi of the estate finds that a part of the property in his hands belongs to an infant, it shall be his duty to pay the money into Court with a memorandum showing the circumstances under which it is paid in.

15. If after winding up the estate of a deceased person the Wasi of the estate finds any difficulty in distributing any part of the property, either owing to a dispute between parties claiming to be interested in it or from his inability to find the person to whom the money is payable, he may pay the money into Court with a memorandum showing the circumstances under which it is paid in.

16. Any person committing any breach of these rules shall, in addition to any other punishment to which he may have rendered himself liable, be punishable by fine which may

ill

~ of :hem

hall be

не сору d by the

rotectorate Statement of

si or Wasis in airs, the Court contrary, confirm cases the Court ing notice, in such

name of the deceased) deceased. rt a date not less than seven days

ription of proposed Wasi or Wasis) Le late (insert name and description of

proposed appointment he must give me ion of this Notice.

rder.

ntioned in the foregoing rule, no l the said notice has been published urt may take such steps as it deems e property of the deceased pending fa Wasi.

objection be given, the Court shall hall then appoint a Wasi or Wasis who rson or persons named in the notice or r persons, The appointment of a Wasi be a judicial proceeding, and any person recision of the Judge shall have the same is provided in a Civil Case.

other than a person appointed by the Court the estate shall without the special leave of possession of, sell, or in any way whatever l with the property of a deceased person. ive Courts shall have jurisdiction to appoint such jurisdiction be withdrawn by the

I 2