Native Con other, the Chie: Such Courts sha. les to the exclusi r any person having person, whether as lication for the Cour: there is considerable rs of the deceased, or that as a Wasi, or that the suffer if the estate be ny other good and sufficient rier declaring that the estate eing administered by the mventory of the goods of the get to any arrangement that If the property amongst the ased or arising from the sale of Court, and an account of all shall be kept. ressotable funeral expenses sed the Court shall distribute ring to law. as steps as may appear to be perty of any infant or person of ry cases invest such property Protectorate, and in making such purchase any house without at ound upon which it stands. he estate of a deceased person at a part of the property in his be his duty to pay the money showing the circumstances estate of a deceased person the Benity in distributing any part a spute between parties claime on his inability to find the arable, he may pay the money showing the circumstances ay breach of these rules gunishment to which he may guishable by fine which may amount to Rs. 1,000, or to imprisonment with or without hard labour not exceeding three months, or to both. 17. [?]. 18. The following fees shall be leviable under these rules :1. In the case of estates not administered by the Court, a fee of 5 per cent. on the gross value, but not exceeding in any case Rs. 45. 2. In the case of estates administered by the Court, a fee of Rs. 45 and a percentage at the rate of 3 per cent. upon the gross value of the estate: provided that no greater sum shall be exacted than 5 per cent. on such gross value. 3. If an Officer of the Court is especially appointed to act as administrator of an estate, a percentage of 1 per cent. on the gross value of the estate in addition to all other fees. 4. In the case of any money being paid into Court otherwise than in the case of the administration of an estate by the Court, a percentage of 2 per cent. on the amount so paid in. 5. In the event of an objection being taken to the appointment of a Wasi, the person lodging the objection shall pay as a hearing fee If the gross property of the deceased does not exceed Rs. 100 Rs. 100 19. These Rules and Orders may be cited as the "Native Estates Administration Rules and Orders, 1899." CLIFFORD H. CRAUFURD, Her Majesty's Acting Mombasa, July 19th, 1899. NOTICE respecting the Formation of the Masailand District of the Province of Ukamba of the British East Africa Protectorate. Mombasa, July 19, 1899. IT is hereby notified that a new district of the Province of Ukamba to be called the "Maɛailand district," has been formed and constituted out of the southern portions of the present Kenia and Ulu districts by direction of Her Majesty's Secretary of State for Foreign Affairs. The boundary of the new district shall be a line starting from the summit of Mount Suswa and running thence (in a south-easterly direction) direct to the point at which the road from Kikuyu to Ngongo Bagas crosses the brook Nagara. From this point it shall follow the course of the brook Nagara to its junction with the Nyrobi river, and shall continue along the right bank of the Nyrobi to its junction with the Athi. It shall ascend the Athi following its left bank till it reaches the point at which it is crossed by the Sclater Road, and shall run thence in a straight line to the summit of the Imali range of hills. It shall then run along the summit of the Imali hills and thence along that of the Kyulu mountains, and continue in a south south-easterly direction until it meets the River Tsavo. It shall continue up the mid-channel of the Tsavo and Nagara Rongei rivers to the Anglo-German boundary, and shall follow first that boundary and then the boundary between the East Africa and Uganda Protectorates till it reaches the above-described starting point on the summit of Suswa. The headquarters of the Officer in charge of the district shall be until further notice at Nyrobi. The portion of the Masailand district previously included in that of Kenia shall continue to be deemed a "reserve" for the purposes of the Game Regulations. These Regulations cancel the former Regulations on this subject. CLIFFORD H. CRAUFURD, Her Majesty's Acting Mombasa, July 19, 1899. BRITISH ORDER IN COUNCIL, regulating Her Majesty's Jurisdiction in the East Africa Protectorate. Balmoral, October 7, 1899.* At the Court at Balmoral, the 7th day of October, 1899. His Royal Highness the Duke of Connaught and Strathearn. WHEREAS by Treaty, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdic. tion within the territories comprised within the limits of the East Africa Protectorate: Now, therefore, Her Majesty, by virtue and in exercise of the powers on this behalf by "The Foreign Jurisdiction Act, 1890," or otherwise, in Her Majesty vested, is pleased by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows: 1. In this Order "The Principal Order" means "The East Africa Order in Council, 1897," and any other Order relating to the East Africa Protectorate. 2. For the purposes of the Principal Order and this. Order (i.) "British subject" includes a British-protected person, that is to say, a person who either (a) is a native of any Protectorate of Her Majesty beyond Africa and Arabia, and is for the time being in the East Africa Protectorate, or (b) by virtue of "The Foreign Jurisdiction Act, 1890," or otherwise enjoys Her Majesty's protection in the Protectorate. (ii.) "Native" means any person who is not a British subject, as hereinbefore defined, or of European or American race or parentage, but as respects such portions of the Protectorate as are under the sovereignty of the Sultan of Zanzibar, does not include a person who, by virtue of any Treaty between Zanzibar and any foreign Power (other than Her Majesty), is exempt from the jurisdiction of the Sultan of Zanzibar. (iii.) "Foreigner" means a subject or citizen of a State in amity with Her Majesty, not being a native, as herein before defined. 3.—(i.) The Protectorate Court shall ordinarily sit at Mombasa, but may also, as occasion requires, sit at any other place in the Protectorate. (ii.) The judicial officer shall be styled "Her Majesty's Judge for the East Africa Protectorate," and is in this Order referred to as the "Protectorate Judge." (iii.) The Protectorate Judge may visit any Court in the Protectorate, and examine any Court books, registers, or records, and give directions as to the proper keeping thereof. (iv). In case of the illness of the Protectorate Judge or of his temporary absence from Mombasa, the Commissioner may appoint either a person qualified to be appointed Protectorate Judge or an officer employed in the civil administration of the Protectorate to act as Protectorate Judge. When the Protectorate Judge is absent ou judicial duty within the Protectorate, the Acting Judge shall not hold sittings elsewhere than at Mombasa except with the consent of the Commissioner. The sittings of the Protectorate Judge and of the Acting Judge shall severally be deemed sittings of the Protectorate Court. 4. Subject to the other provisions of the Principal Order, the Code of Criminal Procedure, and the other enactments relating to the administration of criminal justice in India for the time being applied to the Protectorate, shall have effect as if the Protectorate were a province of India. The full Court See Vol. 20. Page 50. for Zanzibar shall be deemed to be the High Court, and the powers both of the Governor-General in Council and of the Local Government under those enactments shall be exercisable, subject to any directions of the Secretary of State, by the Commissioner. Until other provision is made in exercise of the powers conferred by the Criminal Procedure Code, the Protectorate shall be a Sessons Division, the Protectorate Court shall be the Sessions Court, and the Protectorate Judge shall be the Sessions Judge. 5. Subject to the other provisions of the Principal Order, the Code of Civil Procedure, "The Bombay Civil Courts Act, 1869," and the other enactments relating to the administration of civil justice for the time being applicable to the Protectorate, shall have effect as if the Protectorate were the Presidency of Bombay, the full Court for Zanzibar shall be deemed to be the High Court, and the powers both of the Governor-General in Council and the Local Government under those enactments shall be exercisable, subject to any directions of the Secretary of State, by the Commissioner. Until other provision is made in exercise of the powers conferred by "The Bombay Civil Courts Act, 1869," or otherwise, the Protectorate shall be deemed to be one district, the Protectorate Court shall be the District Court or Principal Civil Court of original jurisdiction in the district, and the Protectorate Judge shall be the District Judge. 6. The provisions of Parts V, VI, and VII of the Principal Order relating to the Protectorate Court or the Court (except Articles 23, 31, 39, 41, 42, and 44) shall apply to all Criminal and Civil Courts established under the Principal Order or this Order in the several provinces of the Protectorate, subject, however, to the limits of jurisdiction of the respective Courts. 7. Where under any enactment of the Statute Law of England, which is applicable to the Protectorate, it is provided that the powers or jurisdiction of two Justices of the Peace may or shall be exercised by a Stipendiary Magistrate sitting alone, such powers or jurisdiction may or shall be exercised by the Commissioner and by every Sub-Commissioner and District Officer within his province or district. 8. In Article 45 of the Principal Order the words "and published as the Commissioner directs" shall be substituted for the words "and published as he directs." 9. All Queen's Regulations made or to be made under Articles 45 and 46 of the Principal Order shall, unless a contrary intention appears, extend to natives, and may, in relation to natives, comprise such special provisions, modifications, and penalties as the Commissioner may think fit, having regard to the powers of Native Courts and other considerations. |