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which at the commencement of these Regulations is cultivated or regularly used by any native or native tribe; but may be granted if the Commissioner, after such inquiry as he may think fit, is satisfied that such land is no longer so cultivated or regularly used, and that the grant of a certificate would not be prejudicial to native interests.
8. The right of the occupier to cut or sell the timber, if any, situated on the land, and to get, work, or take away any minerals or precious stones, in, upon, or under the land, shall form the subject of a special agreement to be inserted in each certificate.
9. There shall be payable to the Commissioner in respect of every certificate a fee of 30 rupees, together with such sum as the Commissioner may certify to be the costs of the preparation or approval of the plan. The travelling expenses (if any) of the Government Surveyor may be included in such costs, not exceeding the rate of 2 rupees per mile travelled by him.
10. Within the limits of the Sultanate of Zanzibar the Commissioner shall be at liberty in lieu of the above-mentioned certificate to sell the freehold of any Crown lands, not being the private property of His Highness the Sultan, upon such terms and conditions as he may think fit.
11. The above Regulations are substituted, under the authority of Her Majesty's Principal Secretary of State for Foreign Affairs by whom they have been approved, for the Land Regulations dated January 7th 1897.
ARTHUR H. HARDINGE, Her Majesty's
A. B. (herein called the occupier) in consideration of the sum of this day paid to Her Majesty's Commissioner (these words may be omitted if unnecessary) is authorized, under and subject to the Land Regulations in force at the date of this certificate, to hold and occupy for years, from the
1 the piece of land delineated in the plan attached and containing acres or thereabouts,
hereto, situate in being (insert a sufficient description to identify the land). The land is held upon the following conditions:1. That the occupier will pay to (state what officer) the sum of the day of in every year, and that if the money is not paid within sixty days after that date the Commissioner may declare the land forfeited, and may remove the occupier of the land without compensation. [These words may be omitted if unnecessary.]
2. That the occupier will develop the land as provided in this certificate, and within the first five years of his holding will either plant at least one-fourth of
the land (with coffee, cocoa, cotton, indigo, rubber, or other plants approved by the Commissioner), and will maintain the land and the above-mentioned plants in a proper state of cultivation to the satisfaction of the Commissioner, or will maintain upon the land at least [Here insert the number of cattle, sheep, or other animals to be maintained], and will not, without the written permission of the Commissioner, use the land except for residence and for the purpose of cultivation, grazing, or other operations connected with cultivation and grazing.
3. That the Commissioner and any officer or person authorized by him may at any time enter upon the land for the purpose of ascertaining whether the conditions of this certificate are being complied with or for any other lawful purpose.
4. That the occupier has no right to any minerals or precious stoves in, upon, or under the land, and that the Commissioner may authorize any person to search for, work, and take away any such minerals or precious stones on payment to the occupier by such person of compensation for any injury done to him by such search or working.
[Note. This clause may be struck out and a special clause inserted in the event of a sale, lease, or other concession of mineral rights.]
5. In case of dispute as to the amount of the compensation provided for in the last preceding article, the Commissioner may appoint some person to decide what amount ought to be paid, and the decision of such person shall be final.
6. That the occupier will not transfer, sub-let for a period exceeding three years, or give up possession of the land, or any part of it, or of any building upon it without the consent of the District Officer.
7. That if at any time the occupier ceases to cultivate the land, or to maintain cattle on it in accordance with the provisions of the certificate, he shall forfeit his interest in every part of it not actually under cultivation, unless he can satisfy the Commissioner that good and sufficient reason existed for his non-compliance with the provisions of the certificate.
8. That if at any time the occupier fails to perform, or contravenes, any of the remaining conditions of this certificate, the Commissioner may declare the land forfeited, and may remove the occupier from the land without compensation.
9. That in the absence of any special provision to the contrary, the occupier shall not be entitled to refuse access to water situated on his land, nor to divert, dam up, or otherwise interfere with any water course without the permission of the District Officer.
10. That the Commissioner shall have power to construct roads, railways, canals, telegraphs, or any other works of public utility upon the land, upon payment to the occupier of compensation for any injury done to him by such construction, provided that no payment shall be made for the land itself, except in the form of a proportionate reduction of any rent payable under this certificate.
11. That the amount of the compensation shall be fixed by a person appointed by the Commissioner, from whose decision an appeal will lie to the Judicial Officer of the Protectorate, the decision of the Judicial Officer to be final.
12. That the term "Commissioner" in this certificate includes every person for the time being administering the Government of the East Africa Protectorate, and the name of the occupier includes his heirs, or any other person succeeding to the land on his death.
13. That any person so succeeding to the land, and any person to whom the land is assigned by the occupier, will surrender this certificate to be exchanged
for a fresh certificate in his own name.
[Here insert any special conditions respecting timber, water, rights of way, et cetera.]
H.M.'s Commissioner and Consul-General. I accept the above conditions.
Witness: E. F., if signed by a mark.
I, C. D., certify that this certificate was fully explained to A. B., and that he understood the effect of it.
BRITISH ORDER IN COUNCIL, regulating the Currency in the East Africa Protectorate. Windsor, May 19, 1898.*
At the Court at Windsor, the 19th day of May, 1898. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
WHEREAS by Treaty, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction in and over the part of Africa known as Her Majesty's East Africa Protectorate (in this Order referred to as "the Protectorate").
Now, therefore, Her Majesty, in pursuance of the powers vested in Her Majesty by "The Foreign Jurisdiction Act, 1890," or otherwise, is pleased, by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows:
1.-(1.) The silver rupee of British India of the standard weight and millesimal fineness specified in the First Schedule to this Order, shall be the standard coin of the Protectorate.
(2.) Every contract, sale, payment, bill, note, instrument, and security for money, and every transaction, dealing, matter, and thing whatever relating to money or involving the payment of, or the liability to pay, any money shall, in the absence of express agreement to the contrary, be held to be made, executed, entered into, done, and had in the Protectorate according to the standard coin of the Protectorate.
(3.) The coin mentioned in the Second Schedule to this Order shall be treated as equal to the standard coin.
2.-(1). If the Commissioner and Consul-General of the Protectorate (in this Order referred to as "the Commissioner") at any time requests that any subsidiary coins of less value than the rupee, whether of silver, copper, bronze, or mixed metal be coined, and the Treasury and a Secretary of State approve the request, those subsidiary coins may be so coined under the direction of the Master of our Mint, or at one of Our Mints in British India.
(2.) The subsidiary coins so coined (in this Order referred to as new subsidiary coins) shall have either the same impressions as the coins specified in the Third Schedule to this Order (in this Order referred to as "existing subsidiary coins "), or such other impressions as may be approved by the Master of Our Mint, and by a Secretary of State.
(3.) Any new subsidiary coin may be of the same denomination as any existing subsidiary coin or of a different denomination.
"London Gazette," May 20, 1898.
+ See Vol. 18. Page 561.
approval of the Treasury and a Secretary of State, provide for giving within a limited period, not exceeding one month after the commencement of this Order, under the conditions, and at the rates specified in the Proclamation, coins which are legal tender by virtue of this 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, and such conditions shall provide for excluding from such exchange coins which appear to the Commissioner to have been imported for the purpose of being so exchanged.
8. Nothing in this Order shall affect any liability incurred, contract made, or other thing done before the commencement of the Order.
9. In this Order, unless the context otherwise requires— The expression "The Treasury" means the Commissioners of Her Majesty's Treasury;
The expression "Secretary of State" means one of Her Majesty's Principal Secretaries of State for the time being; The expression "person " includes a body of persons cor.
porate or unincorporate;
Words in the singular include the plural, and words in the plural include the singular.
10. This Order shall come into operation on the first day of January one thousand eight hundred and ninety-nine or on any earlier day on which it is proclaimed in the Protectorate by the Commissioner, and that day is in this Order referred to as the commencement of the Order.
And the Lords Commissioners of Her Majesty's Treasury, and the Most Honourable the Marquess of Salisbury, K.G., oue of Her Majesty's Principal Secretaries of State, are to give the requisite directions herein accordingly.
The Standard Rupee.
J. H. HARRISON.
Schedule as is stated d the Schedule, or so anation to be rescinded,
ler a coin shall be deemed ore the coin has been imherwise than by fair wear y having any name, word, raved thereon, whether the diminished or lightened.
tue of any Proclamation under legal tender, or which has ceased India, or which has been illegally ast current weight, may be called under the authority of the CommisSuch regulations as the Commissioner
gold, silver, copper, or bronze, or of any
any value whatever shall be made or
all not be imported into the Protectorate any
with, or being below the least current weight
cle 56 of that Order.
any person acts in contravention of this Article he nd accordingly be liable to the punishment mentioned guilty of an offence against the Africa Order in Council, Lority of the Commissioner, given with the approval of the -(1.) No person other than a person acting under the emand, or shall circulate within the Protectorate any promisasury and a Secretary of State, shall make or issue within of the Government of British India, or any other notes authory notes payable to the bearer on demaud, except the notes ized by the Commissioner in a Proclamation made with the person shall be liable to forfeit to the Crown double the value Commissioner may, by Proclamation made with
promissory notes payable to the bearer on
approval of the
(2) If any
Treasury and a Secretary of State.
Person acts in contravention of this Article, that
made, issued, or circulated in contravention of this
See Proclamation of 18th March, 1899. Page 103.