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 CONSULAR JURISDICTION 
 
 IN 
 
 WITH AN 
 
 ANALYTICAL INDEX 
 
 TO THE 
 
 AFRICA ORDERS IN COUNCIL, 1889, 1892, and 1893. 
 
 COMPILED BY 
 
 FRANCIS E. HODGES, 
 
 SOLICITOR OF THE SUPEEME COURT, AND SOLICITOR OF THE SUPREME COURT OF 
 THE GOLD COAST COLONY. 
 
 LONDON : 
 
 STEVENS AND SONS, LIMITED, 
 119 & 120, CHANCERY LANE, 
 
 i'm jwir 
 1895.
 
 PREFACE. 
 
 Stadt 
 Annex 
 
 - 5016749 
 
 DURING the last few years, whilst resident in various 
 places in the British Possessions on the West Coast 
 of Africa, the writer devoted considerable attention 
 to the laws affecting this portion of the continent. 
 The growing importance of the newly-created British 
 Protectorate in the Niger Districts has been the means 
 of his attention having been drawn to the nature of 
 the Consular Jurisdiction of Her Majesty exerciseable 
 in this Protectorate. 
 
 Although for some purposes, as in appeals, removal 
 for trial, deportations, &c., the Consular Courts in the 
 Niger Coast Protectorate are in a measure connected 
 with Colonial Courts, the unprofessional person must 
 not confuse Consular Jurisdiction with that possessed 
 by the Colonial Courts. 
 
 The subject of Her Majesty's jurisdiction, exercised 
 in places not within her dominions, is not generally 
 familiar; few works exist bearing on the subject; and 
 beyond Treaties, Acts of Parliament, and Orders in 
 Council made thereunder, there is little information 
 to be found. Of these, the Orders in Council from 
 time to time issued are the basis of all Consular Juris- 
 diction. The Orders in Council affecting the Protec-
 
 IV PREFACE. 
 
 torate are the Africa Orders of 1889, 1892, and 
 1893. 
 
 The plan of the present Work is to provide a com- 
 plete Analytical Index of these Orders and the Rules 
 thereunder. This, it is hoped, will be found useful 
 to all those to whom the administration of justice in 
 the Protectorate is entrusted, as also to others inte- 
 rested in the subject. The number of the London 
 Gazette, in which the principal Order appeared, being 
 now out of print, it has been thought that the value of 
 the Work will be increased by the Appendix containing 
 the Orders in extenso for handy reference. A few short 
 chapters explanatory of the general scope of the Treaties, 
 the Foreign Jurisdiction Acts, and Acts applied thereby, 
 and the Orders in Council, are first given. During 
 last year it was found desirable to adopt, under 
 section 15 of the Order of 1889, certain Ordinances 
 of the Gold Coast Colony, viz., Ordinances relating to 
 the Customs, Post Office, Constabulary, and Fire Arms 
 and Ammunition. Such Consular Instructions and 
 Queen's Regulations as have been issued under the 
 Orders are also set out in the Appendix, together with 
 the Schedule of Fees in force, Boundary Notices, and 
 Table of the Customs Duties. 
 
 A list of the Acts of Parliament affecting Consuls, 
 as also a Table of decided Cases which appear to bear 
 on Consular Jurisdiction generally, are prefixed to the 
 Work. 
 
 LONDON, 1895.
 
 TABLE OF CONTENTS. 
 
 PAGE 
 
 PREFACE - - iii 
 
 TABLE OF ACTS OF PARLIAMENT IN FORCE RELATING TO CONSULS - vii 
 TABLE OF DECIDED CASES RELATING TO CONSULS - ix 
 
 CHAPTEE I. 
 INTRODUCTORY .... 
 
 CHAPTEE II. 
 
 THE FOREIGN JURISDICTION ACTS 
 
 CHAPTEE III. 
 THE TREATIES - ... 
 
 CHAPTEE IV. 
 
 THE ORDERS IN COUNCIL - - - - - - 12 
 
 CHAPTEE V. 
 
 THE APPLIED ACTS - - - - - -28 
 
 CHAPTEE VI. 
 
 COLONIAL ORDINANCES HAVING EFFECT IN THE PROTECTORATE - - 30 
 
 GENEEAL ANALYTICAL INDEX OF THE ORDERS IN COUNCIL 
 
 AND OF THE EuLES THEREUNDER ... 35 88
 
 VI TABLE OF CONTENTS. 
 
 APPENDICES. 
 
 PAGE 
 
 No. 1. THE AFRICA ORDER IN COUNCIL, 1889 89 
 
 2. THE AFRICA ORDER IN COUNCIL, 1 892 - - 180 
 
 ,, 3. THE AFRICA ORDER IN COUNCIL, 1893 - - 182 
 
 ,, 4. QUEEN'S EEGULATIONS (Medical and Sanitary Eegula- 
 
 tions, 1894) - - 183 
 
 ,, 5. CONSULAR INSTRUCTIONS, 1891 - - 189 
 
 ,, 6. SCALE OF FEES AND DUTIES 193, 198 
 
 7. BOUNDARY NOTICES - - - - - - 200
 
 TABLE OF ACTS OF PARLIAMENT RELATING 
 TO CONSULS. 
 
 1 & 2 Geo. 4, c. 28. 
 
 4 Geo. 4, c. 91. 
 
 6 Geo. 4, c. 87 (Churches and Chapels). 
 
 4 & 5 Will. 4, c. 24 (Superannuation Act, 1834). 
 
 5 & 6 Viet. c. 45 (Copyright). 
 
 6 & 7 Viet. c. 13. 
 
 6 & 7 Viet. c. 94 (Foreign Jurisdiction Act, 1843). 
 12 & 13 Viet. c. 68 (Consular Marriage Act, 1849). 
 12 & 13 Viet. c. 96 (Admiralty Offences (Colonial) Act, 1849). 
 14 & 15 Viet. c. 99, sects. 7 and 11 (Evidence Act, 1851). 
 
 17 & 18 Viet. c. 104 (Merchant Shipping Act, 1854). 
 
 18 & 19 Viet. c. 42. 
 
 19 & 20 Viet. c. 113 (Foreign Tribunals Evidence Act, 1856). 
 
 20 & 21 Viet. c. 75 (Siam). 
 
 21 & 22 Viet. c. 95, s. 31. 
 
 21 & 22 Viet. c. 108, s. 120. 
 
 22 Viet. c. 20 (Evidence by Commission Act, 1859). 
 22 Viet. c. 26 (Superannuation Act, 1859). 
 
 22 Viet. c. 108, s. 120. 
 
 22 & 23 Viet. c. 63 (British Law Ascertainment Act, 1859). 
 
 23 & 24 Viet. c. 121. 
 
 23 & 24 Viet. c. 122 (Admiralty Offences (Colonial) Act, 1860). 
 
 24 & 25 Viet. c. 11 (Foreign Law Ascertainment Act, 1861). 
 24 & 25 Viet. c. 31 (Territories adjoining Sierra Leone). 
 
 24 & 25 Viet. c. 121, s. 4. 
 
 26 & 27 Viet. c. 35 (South Africa). 
 
 28 & 29 Viet. c. 63. 
 
 28 & 29 Viet. c. 116 (Foreign Jurisdiction Amendment Act, 1865). 
 
 29 & 30 Viet. c. 87 (Foreign Jurisdiction Amendment Act, 1866). 
 
 30 & 31 Viet. c. 124, s. 11 (Merchant Shipping Act, 1867). 
 
 31 & 32 Viet. c. 61 (Consular Marriage Act, 1868). 
 
 32 & 33 Viet. c. 15 (Pensioners sitting in Parliament). 
 
 32 & 33 Viet. c. 43 (Diplomatic Salaries, 1869). 
 
 33 & 34 Viet. c. 14 (Naturalization Act, 1870).
 
 Vlll ACTS OF PARLIAMENT RELATING TO CONSULS. 
 
 33 & 34 Viet. c. 55 (Siam and Straits Settlements). 
 
 34 & 35 Viet. c. 8. 
 
 34 & 35 Viet. c. 49 (Irish). 
 
 35 & 36 Viet. c. 19. 
 
 36 & 37 Viet. c. 59. 
 
 37 & 38 Viet. c. 94, s. 51 (Conveyancing (Scotland) Act, 1874). 
 
 38 & 39 Viet. c. 51. 
 
 38 & 39 Viet. c. 85 (Foreign Jurisdiction, 1875). 
 
 39 & 40 Viet. c. 46 (Slave Trade). 
 
 39 & 40 Viet. c. 53, s. 1 (Superannuation Act, 1876). 
 
 41 & 42 Viet. c. 67 (Foreign Jurisdiction Act, 1878). 
 
 42 & 43 Viet. c. 38. 
 
 44 & 45 Viet. c. 58, s. 94. 
 
 44 & 45 Viet. c. 69 (Fugitive Offenders Act, 1881). 
 
 46 & 47 Viet. c. 57 (Patents, &c., 1883). 
 
 47 & 48 Viet. c. 31 (Colonial Prisoners Removal Act). 
 
 48 & 49 Viet. c. 63 (Patents, &c., 1885). 
 
 48 & 49 Viet. c. 74 (Evidence by Commission Act, 1885). 
 
 49 & 50 Viet. c. 33 (Copyright). 
 
 49 & 50 Viet. c. 37 (Patents, 1886). 
 
 50 & 51 Viet. c. 28 (Merchandise Marks, 1887). 
 50 & 51 Viet. c. 54. 
 
 50 & 51 Viet. c. 67 (Superannuation Act, 1887). 
 
 51 & 52 Viet. c. 50 (Patents, 1888). 
 
 52 Viet. c. 10 (Commissioners for Oaths Act, 1889). 
 52 & 53 Viet. c. 23. 
 
 52 & 53 Viet. c. 52 (Official Secrets Act, 1889). 
 
 53 & 54 Viet. c. 37 (Foreign Jurisdiction Act, 1890). 
 
 53 & 54 Viet. c. 47 (Marriage Act, 1890). 
 
 54 & 55 Viet. c. 36 (Salaries and Fees, 1891). 
 54 & 55 Viet. c. 50. 
 
 54 & 55 Viet. c. 74 (Foreign Marriage Act, 1891). 
 
 55 & 56 Viet. c. 23 (Foreign Marriage Act, 1892). 
 55 & 56 Viet. c. 40 (Superannuation Act, 1892).
 
 TABLE OF CASES RELATING TO CONSULS. 
 
 Abbott v. Abbott, L. E. 6 P. 0. 220. 
 
 Abdul-Messih v. Farra, L. E. 13 App. 441. 
 
 Alison's Trusts, In re, 31 L. T. E. 638. 
 
 Andros v. Andros, L. E. 24 Ch. Div. 637. 
 
 Atkinson v. Newcastle Waterworks, 2 Ex. D. 448. 
 
 Att.-Gen. of Hong-Kong v. Kwok-a-Sing, L. E. 5 P. 0. 179. 
 
 "Baltica," The, 11 M. P. 0. 0. 141. 
 
 Bank of Australasia v. Nias, 16 Q,. B. 731. 
 
 Barber, In re, Trusts of Mrs., 5 L. J., N. S., 0. P. 81. 
 
 Barber v. Lamb, 8 C. B., N. S. 95, and 29 L. J. 0. P. 234. 
 
 Bateman v. Service, L. E. 6 App. 386. 
 
 Bayley, In re, Sc. N. E. 823. 
 
 Beamish, v. Beamish, 9 Clark, House of Lords' Cases, 274. 
 
 Bell v. Kennedy, L. E. 1 Scotch Appeals, 320. 
 
 BetheU, Ee, Bethell v. Hildyard, L. E. 38 Ch. Div. 220. 
 
 Black v. Ottoman Bank, 15 M. P. C. C. 472. 
 
 Bourgeoise, Ee, L. E. 41 Ch. Div. 310. 
 
 Brinkley v. Att-Gen., L. E. 15 Prob. Div. 76. 
 
 Brooke v. Brooke, 11 House of Lords, 213. 
 
 Bulkeley v. Schutz, L. E. 3 P. C. 196, 764. 
 
 Burrows v. Jemino, 2 Strange, 733. 
 
 Butler v. Freeman, Ambler, 303. 
 
 Calvin's Case, 7 Coke, 1. 
 
 Campbell v. Hall, 20 State Trials, 323. 
 
 Catherwood v. Caslon, 13 Mee. & Wei. 261. 
 
 Catterall v. Catterall, 1 Eob. 582. 
 
 China Merchants S. N. Co. v. Bignold, L. E. 7 App. 512. 
 
 Counhaye, Ee, L. E. 8 Q. B. 410. 
 
 Cowper, In re, 16 C. B. 225. 
 
 Dalrymple v. Fitzpatrick, 2 Hagg. Consist. Eep. 59. 
 Darling, In re, 2 C. B. 347. 
 Davey v. Maltwood, 2 M. & G. 424. 
 Day v. Savadge, Hobart, 87. 
 De Geer v. Stone, 22 Ch. Div. 243. 
 De Leina v. Haldimand, 1 C. & P. 183. 
 Dent v. Smith, L. E. 4 Q. B. 414. 
 N.
 
 X TABLE OF CASKS RELATING TO CONSULS. 
 
 Eady, Re, 6 D. P. C. 615. 
 
 Fawcus, Ee, L. E. 13 Q. B. D. 241. 
 "Fox," The, Edwards, Ad. Eep. 311. 
 "Franconia," The, E. v. Keyn, L. E. 2 Ex. Div. 63. 
 
 Grant v. Easton, L. E. 13 Q. B. 302 
 " Greifswald," The, Swa. 430. 
 
 Haggard v. Pelicier Freres, Times 5 : 12 : 91. 
 
 Haggitt v. Ineff, 5 De G. M. & G. 910. 
 
 "Halley," The, L. E. 2 P. C. 193. 
 
 Hart v. Gumpach, L. E. 4 P. C. 439. 
 
 Harvey v. Farnie, L. E. 6 Pro. Div. 53. 
 
 Harvey v. Fitzpatrick, 23 L. J. E. Ch. 564. 
 
 "Hochung," The, v. " The Lapwing," L. E. 7 App. 512. 
 
 Hood v. Stallybrass, L. E. 3 App. 880. 
 
 Hutchinson, Ee, Ex parte, 6 L. J. C. P. 137 ; 17 L. J. C. P. 111. 
 
 Ibrahim v. Syed Bibi, Indian L. E. 12 Madras Series, 63. 
 
 Imperial Eoyal Danubian S. N. Co. v. Greek Oriental S. N. Co., 2 M. P. 
 
 C. C., N. S. 435. 
 
 " Indian Chief," The, 3 Eob. Ad. Eep. 29. 
 Ince v. Thorburn, L. E. 11 App. 115. 
 
 Jacobs v. Credit Lyonnais, L. E. 12 Q. B. 600. 
 Jefferys v. Boosey, 4 House of Lords, 926. 
 
 Lacon v. Higgins, 3 Starkie, 183. 
 "Laconia," The, 2 M. P. C. C., N. S. 161. 
 Lautour v. Teesdale, 8 Taunt. 830. 
 Lee v. Bude, &c., Eail. Co., L. E. 6 C. P. 582. 
 " Le Louis," 11 Dodson, 245. 
 Leroux v. Brown, 22 L. J. C. P. 3. 
 Leveux v. Berkeley, 13 L. J. Q. B. 244. 
 Lewis v. Jewhurst, 15 L. T. N. S. 275. 
 
 Magee, Ee, L. E. 15 Q. B. D. 332. 
 
 Maclean v. Crystall, Perry, Oriental Cases, 75. 
 
 Macleod v. Att.-Gen. N. S. "Wales, L. E. App. Cases, 455. 
 
 Maltass v. Maltass, 1 Eob. Ecc. Eep. 70. 
 
 Marseilles, &c., Eail. Co., Ee Smallpage, L. E. 30 Ch. Div. 598. 
 
 Messina v. Petrococchino, L. E. 4 P. C. C. 144. 
 
 Middleton v. Janverin, 2 Hagg. Consist. Eep. 446. 
 
 Missouri Steamship Co., L. E. 42 Ch. Div. 321. 
 
 New Chile Gold Mining Co. v. Blanco, 4 Times L. E. 346. 
 Niboyet v. Niboyet, L. E. 4 P. D. 1. 
 " Nina," The, L. E. 2 P. C. 38. 
 Nogent, Ee, 6 Beavan, 42. 
 
 Papayanni v. Eussian S. N. Co. " The Laconia," 2 M. P. C. C., N. S. 161. 
 Pitts v. La Fontaine, L. R. 5 App. 564 ; L. E. 6 App. 482.
 
 TABLE OF CASES RELATING TO CONSULS. XI 
 
 Queen v. Millis, 10 Clark & Finnelly, 534. 
 
 Eeg. v. Anderson, L, E. 1 0. 0. E. 161. 
 
 Eeg. v. Azzopardi, 2 Moody, Crown Cases, 288. 
 
 Eeg. v. Cass, L. E. 10 Q. B. D. 76. 
 
 Eeg. v. Hutchinson, Show. 6. 
 
 Eeg. v. Keyn, L. E. 11 Ex. Div. 63. 
 
 Eeg. v. Lopez, Dearsley & B. 525. 
 
 Eeg. v. Eoche, 1 Leach, 134. 
 
 Eeg. v. "Wilson, L. E. 3 Q. B. D. 42. 
 
 Ending v. Smith, 2 Hagg. Consist. Eep. 371. 
 
 EusseU v. Cambefort, L. E. 23 Q. B. D. 526. 
 
 Scrimshire v. Scrimshire, 2 Hagg. Consist. Eep. 395. 
 Sharpe v. Sharpe, L. E. 1 P. & D. 611. 
 Shedden v. Patrick, 1 Macqueen, 535. 
 " Smyrna," The, 2 M. P. C. 0., N. S. 435. 
 Simonin v. Mallac, 2 Swa. & Tristram, 67. 
 Sorensen v. Eeg., 11 M. P. C. C. 141. 
 Sottomayor v. De Barros, L. E. 3 P. Div. 1. 
 Swire v. Francis, L. E. 3 App. 106. 
 
 Tamvaco v, Simpson, L. E. 1 C. P. 363. 
 Tapp v. Jones, L. E. 9 C. P. 418. 
 TootaTs Trusts, Ee, L. E. 23 Oh. Div. 532. 
 Trefftz v. Canelli, L. E. 4 P. C. 277. 
 
 Undy v. Undy, L. E. 1 Scotch App. 458. 
 
 "Waldegrave Peerage, 4 Clark & Finnelly, 649. 
 
 Waldron v. Coombe, 3 Taunt. 162. 
 
 Wall's Case (Governor). 
 
 "Warrender v. "Warrender, 11 Clark & Finnelly, 529. 
 
 " Yourri," The, v. " The Spearman," L. E. 10 App. 276.
 
 CONSULAR JURISDICTION 
 
 THE NIGER COAST PROTECTORATE. 
 
 CHAPTER I. 
 
 INTRODUCTORY. 
 
 THE attention that has been bestowed upon Africa by 
 this and other European Powers in recent years has 
 resulted in the establishment of "Protectorates" and 
 " spheres of influence" over various parts of that 
 continent. 
 
 A notification of a British Protectorate over the 
 Niger Districts was published in the London Gazette 
 in 1885, comprising the territories on the line of coast 
 between Lagos and the western river bank of the 
 mouth of the Rio del Key, and territories on both banks 
 of the Niger from Lokoja to the sea. On the 18th 
 October, 1887, a further notification was published 
 reciting that, under and by virtue of certain treaties 
 concluded between the month of July, 1884, and that 
 date, the territories mentioned were under the protec- 
 tion of Her Majesty. The territories are as before 
 named, except that the territories on the banks of the 
 Niger are described as " all the territories in the basin 
 of the Niger and its affluents, subject to the govern- 
 ment of the Royal Niger Company." 
 
 N. B
 
 2 INTRODUCTION. 
 
 These territories form no part of the British 
 dominions, and consequently the Queen cannot legis- 
 late for her subjects residing in these countries in the 
 same way as for those in countries which have come 
 to the Crown by conquest or cession the jurisdiction 
 of Her Majesty in foreign countries being derived either 
 by treaty or by sufferance. 
 
 By the Foreign Jurisdiction Acts Her Majesty 
 has been empowered to exercise jurisdiction thus ob- 
 tained. 
 
 These Acts are the foundation of the Orders in 
 Council providing for the jurisdiction of the Consular 
 Courts. Three Orders in Council affecting this region 
 have been issued thereunder the Africa Orders in 
 Council, 1889, 1892, and 1893. The first is a very 
 important Order, and may be said to be the warrant for 
 all consular jurisdiction in the Protectorate ; the second 
 is a short Order (outcome of the General Act of the 
 Conference of Berlin extending jurisdiction to foreigners 
 in the Protectorate who are subjects of the signatory 
 Powers to the General Act) ; and the third applying the 
 Order of 1889 to natives of any of Her Majesty's Pro- 
 tectorates when in the local jurisdictions. By the Order 
 in Council of 1889 jurisdiction extends to British 
 subjects, foreigners who submit themselves to the 
 Court, and to all persons with " respect to whom any 
 State, king, or chief, or government, whose subjects or 
 under whose protection they are, has, by any treaty or 
 otherwise, agreed with Her Majesty for or consented to 
 the exercise of power or authority by Her Majesty. " 
 This carries jurisdiction over the natives of the country 
 (British subjects, including persons enjoying protec- 
 tion) as also subjects of European States. The Berlin 
 Act contemplated the establishment of Protectorates in
 
 INTRODUCTION. 3 
 
 Africa and of an -existing British Protectorate on the 
 Niger; and by Article 35 the Act recognized the obliga- 
 tion to ensure the establishment of authority in occupied 
 regions sufficient to protect existing rights and the free- 
 dom of trade ; and this country undertook to protect 
 foreign merchants and all the trading nationalities in all 
 those portions of the Niger which were or might be 
 under its sovereignty or protection, as if they were 
 British subjects. This is confirmed by the Brussels Act ; 
 and consent of the signatory Powers to whatever juris- 
 diction might be found necessary to be ^assumed by this 
 country in the Protectorate, both civil and criminal, 
 cannot be denied. 
 
 It should be noticed, however, that no power is 
 assumed by the Order over subjects whose Government 
 have not consented to the exercise of jurisdiction. 
 
 B2
 
 CHAPTER II. 
 
 THE FOREIGN JURISDICTION ACTS. 
 
 THE power of Consular Officers to exercise jurisdiction 
 in countries out of the Queen's dominions depends 
 on the rights which have been granted by treaty or 
 otherwise, by those countries, and the extent to which 
 Her Majesty may be pleased by Orders in Council to 
 exercise jurisdiction thus obtained by virtue of the 
 powers conferred on Her Majesty by Acts of Parliament. 
 In 1843 the first Foreign Jurisdiction Act was passed, 
 and since that date several other Acts dealing with the 
 subject have been added. All these Acts, by an Act of 
 53 & 54 Viet. c. 37 (the Foreign Jurisdiction Act, 1890), 
 have been repealed and consolidated. Under one or 
 other of these Acts all power in modern times for Her 
 Majesty to exercise jurisdiction out of her dominions is 
 derived, and these may be therefore referred to as the 
 enabling Acts. By the consolidating Act of 1890 it is 
 provided that any Order in Council made in pursuance 
 of any enactment repealed, should, if in force at the 
 passing thereof, continue in force until altered or 
 revoked as if made in pursuance of that Act, and should 
 be deemed to have been made under the Act of 1890; 
 and any Order in Council referring to any enactment
 
 THE FOREIGN JURISDICTION ACTS. 5 
 
 repealed should be construed to refer to the corres- 
 ponding enactment in the consolidating Act. 
 
 On a reference to the Act of 1890 it will be seen 
 that the preamble recites that by treaty, capitulation, 
 grant, usage, sufferance, and other lawful means, Her 
 Majesty has jurisdiction within divers foreign countries. 
 These expressions may be covered by the two general 
 heads, " treaty " and " sufferance." 
 
 The Act proceeds to enact that it is lawful for Her 
 Majesty to hold, exercise, and enjoy any jurisdiction she 
 has, or may hereafter have, within a foreign country, in 
 the same and as ample a manner as if the same had been 
 acquired by cession or conquest of territory (the allusion 
 to cession and conquest of territory, it is to be noted, 
 does not confer additional powers outside Her Majesty's 
 jurisdiction, but is confined to the mode of exercise of 
 the jurisdiction that has been granted by treaty). 
 Section 2 is important as referring specially to countries 
 without regular government. It provides that Her 
 Majesty shall have jurisdiction over her subjects for 
 the time being resident in or resorting to countries not 
 subject to any government from whom jurisdiction 
 might have been obtained in manner provided by the 
 Act, and practically gives Her Majesty power to exercise 
 unlimited jurisdiction in such places. The following 
 sections enact that things done in pursuance of jurisdic- 
 tion in a foreign country shall be as valid as if they had 
 been done according to the local law of the foreign 
 country. Questions that may arise as to the existence 
 or extent of jurisdiction, are to be decided by a reference 
 to a Secretary of State, whose decision is to be final. 
 By section 5, Her Majesty has power, by Order in 
 Council, to direct that certain Acts referred to in the 
 schedule shall extend with or without any exceptions,
 
 6 THE FOREIGN JURISDICTION ACTS. 
 
 adaptations, or modifications in the Order mentioned 
 to any foreign country, and thereupon these enactments 
 shall, to the extent of jurisdiction, operate as if the 
 country were a British possession and Her Majesty in 
 Council the legislature thereof. In the succeeding 
 Chapters will be noticed the Acts referred to. 
 
 Persons charged with offences cognizable by a 
 Consular Court may, by warrant, be sent for trial to a 
 British possession appointed by Order in Council, and 
 the accused may, before being sent for trial, tender for 
 examination any competent witness whose evidence is 
 material, and whom he alleges he is unable to produce 
 at the trial ; and the section deals with the mode of 
 taking such evidence and its transmission to the Court 
 that is to try and its admissibility in that Court. Where 
 an offender is sentenced to death by a Consular Court, 
 the sentence is to be carried out in such place as directed 
 by Order in Council. Deportation and detention, accord- 
 ing to the Order, is to be as lawful as if the Order were 
 to have effect in the foreign country. 
 
 Section 9 provides power for the Queen in Council 
 to confer on any Court in any British possession any 
 jurisdiction, civil or criminal, original or appellate, which 
 may lawfully be assigned to any Consular Court. 
 
 Sections following provide power by Order in Council 
 to revoke or vary any Order. All Orders made are to 
 be laid before Parliament ; Orders repugnant to any Act 
 or Order made thereunder are to be subject to that Act or 
 Order, and not to be void if repugnant only to the law 
 of England. For protection of persons acting under the 
 Act or Orders, and limits the time for commencing pro- 
 ceedings. Section 14 refers to subjects on vessels within 
 a certain radius of China and Japan, and has no refer- 
 ence to the scope of this work. Sections follow including
 
 THE FOREIGN JURISDICTION ACTS. 7 
 
 subjects of the several Powers and States of India as 
 persons enjoying Her Majesty's protection, and defining 
 expressions used in the Act, and powers of repeal or 
 variation of certain stated Acts of Parliament. 
 
 Under the Foreign Jurisdiction Acts, 1843 1878 
 (consolidated by the Act of 1890), the Africa Order in 
 Council of the 15th October, 1889, was made, which 
 forms the warrant for all consular jurisdiction in Africa. 
 Before, however, proceeding to notice the provisions of 
 this important Order reference will first be made to the 
 treaties.
 
 CHAPTER III. 
 
 THE TREATIES. 
 
 THE treaties with the kings and chiefs in the Niger 
 districts are numerous, but though in all cases not quite 
 identical are to the same purport and effect. Prelimi- 
 nary treaties with the chiefs of several of the districts 
 were first entered into, and followed, in some instances, 
 by a fuller treaty afterwards. They all recite that the 
 Queen and the kings and chiefs of the several districts, 
 being desirous of maintaining and strengthening the 
 relations of peace and friendship that had long existed 
 between them, Her Majesty had nominated (in most 
 cases) her Consul in the district to conclude a treaty for 
 the purpose. The Articles in the treaties are mostly as 
 follows : 
 
 ART. I. Her Majesty, in compliance with the 
 request of the kings, chiefs, and people, undertakes to 
 extend to them, and to the territory under their authority 
 and jurisdiction, her gracious favour and protection. 
 
 ART. II. The kings and chiefs agree and promise 
 to refrain from entering into any correspondence, agree- 
 ment, or treaty, with any foreign nation or power except
 
 THE TREATIES. 9 
 
 with the knowledge and sanction of Her Majesty's 
 Government. 
 
 ART. III. It is agreed that full and exclusive juris- 
 diction, civil and criminal, over British subjects and their 
 property in the territory, is reserved to Her Britannic 
 Majesty, to be exercised by such consular or other officers 
 as Her Majesty shall appoint for that purpose. The 
 same jurisdiction is likewise reserved to Her Majesty in 
 the said territory over foreign subjects enjoying British 
 protection who shall be deemed to be included in the 
 expression " British subject" throughout the treaty. 
 
 ART. IV. All disputes between the kings and 
 chiefs, or between them and British or foreign traders, 
 or between the aforesaid kings and chiefs and neighbour- 
 ing tribes, which cannot be settled amicably between the 
 two parties, shall be submitted to the British consular or 
 other officers appointed by Her Majesty to exercise juris- 
 diction in the territory, for arbitration and decision or 
 for arrangement. 
 
 ART. V. The kings and chiefs engage to assist the 
 British consular or other officers in the execution of such 
 duties as may be assigned to them, and, further, to act 
 upon their advice in matters relating to the adminis- 
 tration of justice, the development of the resources of the 
 country, the interests of commerce, or in any other 
 matter in relation to peace, order, and good government 
 and the general progress of civilisation. 
 
 ART. VI. The subjects and citizens of all countries 
 may freely carry on trade in every part of the territories 
 of the kings and chiefs, parties thereto, and in any houses 
 and factories therein, when, in the estimation of the 
 British consular or other officers, the state of the country
 
 10 THE TREATIES. 
 
 of the kings and chiefs will admit of the trade being so 
 extended. 
 
 ART. VII. All ministers of the Christian religion 
 shall be permitted to reside and exercise their calling 
 within all territories of the kings and chiefs, who hereby 
 guarantee to them full protection. All forms of religious 
 worship and religious ordinances may be exercised 
 within the territories, and no hindrance shall be offered 
 thereto. 
 
 ART. VIII. If any vessel should be wrecked within 
 the territories, the kings and chiefs will give them all the 
 assistance in their power, will secure them from plunder, 
 and also recover and deliver to the owners or agents all 
 the property which can be saved. If there are no such 
 owners or agents on the spot, then the property shall be 
 delivered to the British consular or other officer. The 
 kings and chiefs further engage to do all in their power 
 to protect the persons and property of the officers, crew, 
 and others on board such wrecked vessels. All claims 
 for salvage dues in such cases shall, if disputed, be re- 
 ferred to the British consular or other officer for arbitra- 
 tion and decision. 
 
 ART. IX. The treaty shall come into operation so 
 far as may be practicable from the date of its signature. 
 
 In all the treaties with the kings and chiefs of the 
 various districts included in the Niger Coast Protectorate 
 Articles I. and II. are inserted, and in other cases all the 
 above nine articles have been followed, with the exception 
 in some that Article VI. is modified and shortened. In 
 the treaty with the Bonny chiefs, Article VI., besides pro-
 
 THE TREATIES. 11 
 
 viding for the subjects of all countries carrying on 
 trade in the territories, it is stated that in the markets 
 opened by Bonny the sole and extensive right to trade in 
 palm oil shall belong to the Bonny people. 
 
 Treaties in these forms have been concluded with 
 the principal tribes and peoples in the Protectorate, 
 including Old Calabar, Opobo, Bonny, New Calabar, 
 Forcados, Warri and Benin. The treaties will be found 
 fully set out in the valuable collections by Sir Edward 
 Hertslet.
 
 12 
 
 CHAPTER IV. 
 
 THE ORDERS IN COUNCIL. 
 
 THREE Orders in Council have been issued which affect 
 the Protectorate viz., the Africa Order in Council, 1889 
 (15th October, 1889); the Africa Order in Council of 
 1892 (28th June, 1892); and the Africa Order in Coun- 
 cil, 1893 (17th July, 1893). 
 
 The first, after reciting that Her Majesty had power 
 and jurisdiction in the parts of Africa mentioned in the 
 Order, and the Foreign Jurisdiction Acts, 1843 to 1878, 
 deals with interpretation of terms used in the Order 
 and the application of the Order. The limits of the 
 Order, by section 4, are the continent of Africa, with the 
 maritime and interior territorial waters and the islands 
 adjacent thereto, but the powers .are to be exercised only 
 within and for the local jurisdictions to be constituted for 
 the purposes of the Order. (By Consular Instructions a 
 Secretary of State may constitute, alter, or abolish local 
 jurisdictions, but certain parts of the continent and 
 British possessions are to be excluded from such pro- 
 visions.) 
 
 Section 7 expressly refers to the Protectorate of 
 the Niger Districts in relation to the constitutions of 
 local jurisdictions with reference to the whole or any 
 part of that region. (By Consular Instructions of 1891
 
 THE OKDEKS IN COUNCIL. 13 
 
 the Oil River Protectorate, now styled the Niger Coast 
 Protectorate, is constituted a local jurisdiction.) 
 
 The powers conferred by the Order within a local 
 jurisdiction extend, by section 10, "in so far as by 
 treaty, grant, usage, sufferance, or other lawful means, 
 Her Majesty has power," to 
 
 (1) British subjects; 
 
 (2) Their property within the local jurisdiction, 
 
 including British ships, and persons and 
 property on board ; 
 
 (3) Foreigners submitting themselves to the juris- 
 
 diction; and 
 
 (4) Foreigners whose Government has agreed for or 
 
 consented to the exercise of jurisdiction over 
 them. 
 
 Subject to the provisions of the Order, the powers 
 to be exercised in a local jurisdiction are to include all 
 Her Majesty's power and authority under the Foreign 
 Jurisdiction Acts. The terms " British subject" and 
 "foreigners" are defined by the interpretation clauses: 
 the first includes a " person enjoying Her Majesty's pro- 
 tection " residing and being in the parts of Africa 
 mentioned, and the latter means a person who is not a 
 British subject as defined, whether a native or not. 
 " Native," means a native of Africa not being under Her 
 Majesty's protection, nor the subject of any non- African 
 Power. 
 
 Part II. deals with General Law. The jurisdiction 
 is declared to be : 
 
 For the judicial hearing and determination of mat- 
 ters in difference between British subjects, or 
 between foreigners and British subjects, or
 
 14 THE ORDERS IN COUNCIL. 
 
 For the administration and control of the property 
 
 or persons of British subjects ; or 
 For the repression or punishment of crimes or 
 
 offences committed by British subjects; or 
 For the maintenance of order among British 
 
 subjects. 
 
 This jurisdiction is to be exercised, so far as circum- 
 stances admit, upon the principles and in conformity with 
 the substance of the law for the time being in force in 
 and for England, and according to the course, procedure, 
 and practice before Courts of Justice and Justices of the 
 Peace in England. Except as to offences under the 
 Order, acts to be punishable must be punishable in Eng- 
 land. A Secretary of State is empowered to declare 
 laws and ordinances of any of the African possessions, 
 with modifications and adaptations, shall have effect as if 
 they had been applied by the Order. Under this section 
 various ordinances of the Gold Coast Colony have been 
 adapted and are noticed later. 
 
 Provisions of any treaties respecting any place in a 
 local jurisdiction are to have effect as part of the law to 
 be enforced under the Order: effect is to be given to 
 them notwithstanding they may be inconsistent with the 
 law in force in England. 
 
 Crimes, offences, wrongs, and breaches of contract 
 against or affecting natives of Africa or foreigners, com- 
 mitted by persons subject to the Order, are cognizable 
 or punishable under the Order with the consent of such 
 natives or foreigners, but no consent by foreigners who 
 are subjects of any of the signatory Powers to the Berlin 
 Act, 1885, is necessary (vide Order in Council of 1892, 
 post) ; and by Article XVIII. all other powers and 
 authorities therein mentioned are to continue to exist
 
 THE OKDEES IN COUNCIL. 15 
 
 concurrently and independently of the powers and of the 
 Order (various Acts being referred to). 
 
 Part III. relates to the Constitution of the Courts, 
 districts, and places where Courts may be held, and 
 Courts of Appeal. (By the Consular Instructions of 
 1891 the Supreme Court of the Colony of Lagos is the 
 Court of Appeal for the Protectorate.) 
 
 Part IV. relates to the General Powers of the Courts 
 and Procedure. 
 
 The Consular Courts are to be Courts of Law and of 
 Equity. 
 
 Every Court may promote reconciliation, and en- 
 courage and facilitate the settlement in an amicable 
 way of any suit or proceeding, and, with consent of 
 the parties, refer any suit or proceeding to arbitration. 
 
 Part Y. relates to Special Powers : 
 
 Every Court shall be a Court of Bankruptcy, and, 
 as far as circumstances admit, have jurisdiction therein 
 over British subjects and their debtors and creditors, or 
 foreigners submitting to the jurisdiction, as belongs to 
 any judicial authority in bankruptcy in England, but no 
 submission by foreigners, subjects of the signatory 
 Powers to the Berlin Act, is necessary by the Order in 
 Council of 1892. 
 
 Every Court shall be a Vice-Admiralty Court, and 
 for vessels and persons coming within the district as 
 ordinarily belongs to Vice-Admiralty Courts in the 
 colonies. 
 
 Every Court shall be a Court of Probate, and, as 
 far as circumstances admit with respect to property of 
 British subjects, appearing to have at the time of death 
 a fixed place of abode in the district, shall have jurisdic- 
 tion as belongs to Probate Courts in England.
 
 16 THE ORDERS IN COUNCIL. 
 
 ART. XXXIX. Persons having any testamentary 
 writings of any British subject in their possession are 
 forthwith to deliver the original to the Court and deposit 
 it there. 
 
 ART. XL. Until administration granted, personal 
 property of British subjects in the district is to vest in 
 judge. 
 
 ART. XLI. provides for penalty for dealing with 
 property of deceased British subjects without probate or 
 administration. 
 
 ART. XLII. On the death of a British subject 
 without fixed place of abode the Court is to take posses- 
 sion of the personal property, or put it under seal, and 
 so keep it until it can be dealt with according to law. 
 
 ART. XLIII. In cases of apparent intestacies, Court 
 may grant administration to judge or an officer of the 
 Court, and provide for the expenses of administration. 
 
 ART. XLIV. Where the value of the property does 
 not exceed 100/. the Court may, without probate or 
 administration, pay debts and charges, and pay the 
 balance to such persons as a Secretary of State directs. 
 
 Part VI. relates to Criminal Law and Procedure. 
 The crimes punishable under the Order are : 
 
 (1) Acts or omissions punishable in England on 
 
 indictment with death, penal servitude, or 
 imprisonment, as treasons, felonies, or mis- 
 demeanours. 
 
 (2) Acts or omissions declared to be punishable as 
 
 offences against the Order. 
 
 Piracy by British subjects, wherever committed, is 
 within the power of the Court.
 
 THE ORDERS IN COUNCIL. 17 
 
 Offences against the Order are : 
 
 Levying war, or taking part in any operation of 
 war, against any king, chief, tribe, or power. 
 
 Aiding or abetting any persons in carrying on war, 
 insurrection, or rebellion. 
 
 (Deportation may be added to the punishment for 
 these offences.) 
 
 Acting in contravention of any treaty, or of any of 
 the Queen's regulations to be made under the Order, or 
 of any rules or regulations in force under the Order of 
 1872. 
 
 Disturbing religious ceremonies or publicly insulting 
 ministers of any religion, or place, or object of religious 
 worship, whether in relation to native or other form of 
 religion or superstition. 
 
 Smuggling with intent to avoid payment of any 
 duty payable to a recognised chief, king, Government, 
 tribe, or people. 
 
 Obstructing officers executing process, disturbing 
 Courts when sitting, intimidating suitors, insulting mem- 
 bers of any Court, assessors, or officers of the Court 
 during sittings, or going to or coming from, and com- 
 mitting acts which would be contempt of court in 
 England. 
 
 For these last-mentioned offences persons may be 
 apprehended with or without warrant, or Court may 
 direct offender to be tried in a separate prosecution, or 
 proceedings, as other offences against the Order. 
 
 Doing acts from which grave danger to public order 
 is likely to be occasioned. In these offences the Court 
 is to have same power as it has in relation to appre- 
 hended breaches of the peace. 
 
 Extorting money or other misconduct as a clerk or 
 N.
 
 18 THE ORDERS IN COUNCIL. 
 
 officer of Court. (Charges may be inquired into in a 
 summary way.) 
 
 Failure to comply with an order for contribution 
 towards support of wife or child. 
 
 Offences against the Merchandise Marks Act, 1887. 
 
 Offences against the Patents, Designs, and Trade 
 Marks Acts, 1883 to 1888. 
 
 Offences against any statute or order relating to 
 copyright. 
 
 For offences against such statutes, proviso that 
 copy shall be published in every Consular Court, and 
 persons shall not be punishable before one month after 
 the publication thereof. 
 
 Prosecution by foreigners not to be entertained 
 without written consent of Court ; consent may be with- 
 held if Court not satisfied similar acts punishable in State 
 or Power of which the prosecutor is a subject. (Subjects 
 of the signatory Powers to the Berlin Act are, however, 
 justiciable by the Courts as British subjects. See Order 
 in Council of 1892, post.) 
 
 Punishment for offences against the Order where no 
 other punishment or penalty specified, imprisonment not 
 exceeding three months or fine not exceeding 100^., or 
 both. 
 
 Criminal Procedure is dealt with by Articles LVII. 
 to LXXXI. Every Court may cause to be apprehended 
 and brought before it any British subject being within its 
 district and charged with having committed a crime in 
 the district, and if the crime is triable or to be tried 
 in Her Majesty's dominions, may take the preliminary 
 examination and commit for trial, and cause him to be 
 taken to the place of trial. 
 
 By Article LXL, where the crime is punishable with 
 death or penal servitude for twenty years or upwards,
 
 THE OEDERS IN COUNCIL. 19 
 
 when satisfied there is reasonable ground for putting 
 accused on his trial, Court shall cause him to be removed 
 for trial in one of the African possessions, if the attend- 
 ance of the necessary witnesses for the prosecution and 
 
 defence can be secured, otherwise the Court shall commit 
 
 7 
 
 for trial in the district. In other crimes, by Article LXII. 
 punishable with imprisonment for twelve months or up- 
 wards, there is a discretionary power to Court to order 
 accused's removal for trial, or to commit for trial in the 
 district. 
 
 Persons tried before a Consular Court under these 
 two Articles are to be tried by the Court with assessors, 
 unless accused consents to be tried without assessors. 
 Other crimes and offences against the Order are to be 
 tried by the Consular Court, with or without assessors. 
 
 Punishments are to be awarded, as far as circum- 
 stances admit, according to the law of England in like 
 cases, and to the mode of their infliction. In assaults 
 the Court may order payment of damages to a sum not 
 exceeding 201. , in addition to or in lieu of a fine. 
 
 Sentences of imprisonment are to be carried into 
 effect in such prisons as a Secretary of State directs. 
 
 Sentences of death are to be carried out in one of 
 the African possessions. 
 
 A Secretary of State may remit or commute any 
 sentence of a Consular Court. In every case of sentence 
 of death, minutes of the trial are to be transmitted to 
 a Secretary of State, and the sentence must be confirmed 
 by him. 
 
 A Secretary of State may direct prescribed Court of 
 Appeal to review sentences. 
 
 Warrants issued in Her Majesty's dominions for the 
 apprehension of British subjects charged with crime 
 committed in the jurisdiction of the issuing authority,
 
 20 THE ORDERS IN COUNCIL. 
 
 may be backed by the Court, and when so backed are to 
 be sufficient authority to apprehend the accused and to 
 deliver him to persons having authority to receive and 
 carry him to Her Majesty's dominions. 
 
 By Article LXXVIII. adaptations of the Admiralty 
 Offences (Colonial) Act, 1849, and the Admiralty Offences 
 (Colonial) Act, 1860, and of section 11 of The Merchant 
 Shipping Act, 1867, are set out, and so far as there 
 repeated and adapted, "but not further or otherwise," 
 are to extend to all places in the local jurisdictions. 
 
 Art. LXXIX. The Fugitive Offenders Act, 1881, 
 is applied subject to exceptions and qualifications that 
 the Act is to apply only to British subjects ; the principal 
 consular officer is substituted for the governor, superior 
 court, judge, magistrate or justice of the peace in a 
 British possession ; the report necessary to be given 
 fugitive ; provisions of section 6 as to Habeas Corpus not 
 to apply ; Consular Court not bound to return fugitive 
 unless satisfied proceedings taken with consent of 
 governor of the British possession. 
 
 Art. LXXX. applies the Colonial Prisoners Removal 
 Act, 1884, to the local jurisdiction, and substitutes the 
 principal consular officer for the governor of a possession. 
 
 Art. LXXXI. Nothing in the Order is to affect 
 Her Majesty's prerogative of pardon. 
 
 Part VII. deals with Appeals in Civil Matters. 
 
 Part VIII. deals with Evidence in Civil and Criminal 
 Cases and the Compulsory Attendance of British Subjects 
 as Witnesses. British subjects wilfully giving false evi- 
 dence to be deemed guilty of perjury. 
 
 Judicial notice is to be taken of the Order in 
 Council, of the appointment of the consular officers and
 
 THE ORDEES IN COUNCIL. 21 
 
 constitution and limit of the jurisdiction, and districts, 
 and consular seals and signatures, and of any rule and 
 regulation made or in force under the Order ; no proof is 
 to be required of any such facts. A person attending to 
 give evidence shall not be compelled or allowed to do so, 
 or to produce any document, if principal consular officer 
 signifies personally or in writing to Court that the giving 
 or production thereof would be injurious to Her Majesty's 
 service. The provisions of the Evidence Act, 1851, the 
 Foreign Tribunals Evidence Act, 1856, sects. 7 and 11, 
 the Evidence by Commission Acts of 1859 and 1885, the 
 British Law Ascertainment Act, 1859, and the Foreign 
 Law Ascertainment Act, 1861, are extended to all places 
 in the local jurisdiction. 
 
 Part IX. relates to Assessors, their nomination, 
 number, and in what cases they may be dispensed with, 
 and mode of recording their dissent, and punishment for 
 failure to attend. 
 
 Part X. relates to Rules of Procedure, powers for 
 framing rules with approval of Secretary of State, to 
 what matters they may extend, and for their publication 
 and sale of copies, and provides that rules in the schedule 
 may be used " with such modifications as circumstances 
 require." 
 
 Part XI. deals with Treaties and Queen's Regula- 
 tions. Every consul is to have power to make Queen's 
 regulations for securing the observance of treaties, or of 
 any native or local law or custom, relating to trade, 
 commerce, revenue, or other matter, and for the peace, 
 order, and good government of British subjects, and also 
 for requiring returns of exports and imports, and for the 
 governance and superintendence of prisons. Queen's 
 regulations so made are not to have effect until allowed
 
 22 THE ORDERS IN COUNCIL. 
 
 by Secretary of State. Any regulations under the West 
 Africa Order of 1872 are to remain in force until 
 revoked by Secretary of State. 
 
 Part XII. relates to Civil Suits by or against 
 Foreigners and Foreign Tribunals, and provides for the 
 filing of a consent by the foreigner to the jurisdiction, 
 and, if required, a certificate of his Government that no 
 objection is made by that Government to -the juris- 
 diction, and, if required, for security for costs, and to 
 abide by the decision of the Court or in appeal. (But 
 it must be borne in mind that by the Order in Council 
 of 1892, subjects of any of the signatory Powers to the 
 Berlin Act are justiciable as British subjects, and their 
 consent is not necessary.) Counterclaims in such suits 
 are not to be instituted ; but after the termination of 
 such suits, defendant may commence a suit to establish 
 any claims he may have ; and as to stay of execution in 
 such cases, Court may order the attendance of any 
 witness before a foreign or native court in any place 
 within its " particular jurisdiction." 
 
 Part XIII. deals with Deportation and Removal. 
 Courts may, in addition to or in lieu of any other 
 sentence, order persons convicted to give security for 
 future good behaviour, and in default may order him 
 to be deported forthwith, or after undergoing any 
 sentence passed on him, to the prescribed African pos- 
 session or to such other part of Her Majesty's dominions 
 as a Secretary of State may with the concurrence of the 
 Commissioners of the Treasury direct; and where it 
 appears to the Court there is reason to believe a person 
 is about to commit a breach of the peace, or his conduct 
 is likely to produce or excite such, and provides for the 
 mariner of executing orders of deportation. An order
 
 THE ORDERS IN COUNCIL. 23 
 
 for deportation may be limited or unlimited as to time. 
 To return without written consent of Court or of a 
 Secretary of State, is made an offence against the order, 
 and, in addition to a punishment therefor, the person is 
 liable to be again deported on a fresh warrant. This 
 part also deals with procedure in cases of removal for 
 trial or execution of sentence, and for the issue of 
 warrants for the purpose of carrying out the provisions 
 of the order. 
 
 Part XIV. relates to Registration. Registration of 
 British subjects is compulsory. Failure to register is an 
 offence against the Order punishable with a fine not 
 exceeding 5, and any Court or authority may, if it 
 thinks fit, decline to recognise him as a British subject. 
 
 Part XV. Official. Consular officers may perform 
 any acts, not of a judicial character, which they might 
 by law or usage or sufferance have performed had the 
 Order not been made. Persons acting as consular 
 officers may, unless the consular officer otherwise directs, 
 continue to complete the hearing of any proceedings 
 civil or criminal, notwithstanding authority determined. 
 The limitation of actions against consular officers is 
 provided for. 
 
 Part XVI. Fees, Fines and Penalties are to be 
 accounted for, paid and applied, as Secretary of State, 
 with concurrence of Treasury, directs. Expenses of 
 removal and deportation are in a similar way provided 
 for. 
 
 Part XVII. contains Supplemental Provisions as to 
 the application of Imperial Acts, Laws, or other Orders 
 in Council, to the jurisdiction and their construction, 
 and in case of any difficulty occurring a Secretary of 
 State may direct by and to whom and in what manner
 
 24 THE ORDEES IN COUNCIL. 
 
 anything is to be done thereunder. All sums are to be 
 calculated in English money, or its equivalent, with the 
 consent of the Court. 
 
 Her Majesty may appoint any consul-general, 
 judge, commissioner, or other person, to exercise appel- 
 late jurisdiction within the limits of his appointment. 
 Such persons to have in civil and criminal matters an 
 extraordinary original jurisdiction, concurrent with the 
 judge of any such Court, to be exercised in such classes 
 of cases or particular cases as subject to the terms of his 
 appointment and to any instructions a Secretary of 
 State thinks fit to direct ; and shall have such other 
 powers over the consular court and officers as his ap- 
 pointment or commission may specify, and in cases 
 where he does not exercise original jurisdiction an 
 appeal may be brought to him in like manner as an 
 appeal to the Court of Appeal, and by his leave a 
 further appeal shall be made to the Court of Appeal, 
 and rules may be made for the purposes of this Article. 
 
 Part XVIII. deals with Commencement and Pub- 
 lication of the Order, Rules and Regulations thereunder, 
 Repeals, and Temporary Provisions. In the schedule to 
 the Order, referred to in Article 96, rules and forms are 
 appended these may be used with such modifications 
 as circumstances require. The rules are divided into 
 three groups, i. <?., general rules relating to both civil 
 and criminal proceedings (with forms), rules and forms 
 applying to civil proceedings only, and rules and forms 
 applying to criminal proceedings. These require no 
 special notice here, and will be found in the schedule to 
 the Order, and all matters dealt with by them are noticed 
 in the General Index.
 
 THE ORDERS IN COUNCIL. 25 
 
 The second Order the Africa Order in Council of 
 1892 (28th June, 1892) is a short supplementary Order, 
 and recites the powers and jurisdiction conferred by 
 treaty and sufferance in the parts of Africa mentioned 
 in the Order of 1889, and proceeds to recite the declara- 
 tion in the general Act of the Conference of Berlin with 
 respect to occupations in Africa by any of the signatory 
 Powers thereto, that the establishment of authority in 
 protected territories was an obligation resting upon the 
 respective protecting Powers, and that it was necessary, 
 in order to the due fulfilment of the obligation as 
 respects places in the limit of the Order which should 
 have been declared to be under her Majesty's protection, 
 that the subjects of the signatory Powers should be 
 justiciable under the Order in like manner as British 
 subjects, and that for the purpose the provisions of the 
 Order, as far as practicable, should be extended, and 
 that it was expedient that the powers of a Secretary of 
 State should be extended to provide for the application 
 of Acts and enactments in force in British India and 
 places within the limits of the Order. 
 
 ART. I. Deals with the definition of terms referred 
 to in the Order. 
 
 ART. II. Where any places are declared to be a 
 Protectorate in the limits of the Order of 1889 all pro- 
 visions of the Order of 1889 are to extend to foreigners 
 to whom the Order applies except Part XIV. (which 
 relates to registration), and all such foreigners are to 
 be justiciable by the Courts constituted for the Protec- 
 torate under the same conditions as British subjects, 
 and Part XII. and so much of the rest of the Order as 
 requires the consent of any foreigner is to be of no force 
 in the Protectorate as respects foreigners to whom the 
 Order is to apply.
 
 26 THE ORDERS IN COUNCIL. 
 
 ART. III. A Secretary of State may declare that 
 any Act or enactment in force in British India shall 
 have effect in any place within the limits of any local 
 jurisdiction. This Article is not likely to have any 
 application to places on the West Coast. 
 
 Article IV. directs that the two Orders may be 
 cited together as the Africa Orders in Council 1889 
 and 1892. 
 
 By the third Order the Africa Order in Council, 
 1893 it is provided that natives of any British Pro- 
 tectorate outside any local jurisdiction should, when 
 within the local jurisdictions, be deemed to be British 
 protected persons within the meaning of the Order of 
 1889, and that the expression " treaty " should extend 
 to any treaty, convention, or international agreement 
 to which Her Majesty is or might be a party, whether 
 any state, government, king, chief, or tribe having 
 authority in any local jurisdiction is or is not a party 
 thereto. 
 
 Instructions for the guidance of consular officers in 
 giving effect to the Africa Order in Council 1889 were 
 issued in 1891 under the powers of the Order. 
 
 Local jurisdictions by these instructions were con- 
 stituted : besides Madagascar four other local jurisdic- 
 tions are constituted the Niger Coast Protectorate 
 (then " Oil River Protectorate"), the Congo Free State, 
 the British sphere on the east coast, exclusive of Zan- 
 zibar, and the British sphere north of the Zambesi. 
 
 Reference is made to Article 15 in the Order as to 
 the application of colonial laws, but since these instruc- 
 tions were issued under this Article some of the Ordi- 
 nances of the Gold Coast Colony have been applied. 
 
 Courts of Appeal from the Courts of the respective
 
 THE ORDERS IN COUNCIL. 27 
 
 local jurisdictions are constituted : the Supreme Court 
 of the Colony of Lagos for the Niger Coast Protectorate; 
 the Gold Coast for the Congo Free State ; Bombay for 
 the sphere on the east coast ; the Cape of Good Hope 
 for the sphere north of the Zambesi ; and Mauritius for 
 Madagascar. 
 
 A scale of fees is annexed to the instructions to be 
 adopted under the Order. 
 
 Instructions relating to the place of deportation are 
 given, and direct that such an order should name the 
 place as appears most convenient with regard to the 
 place of birth or domicile of the person to be deported ; 
 the previous consent of the Governments of Cape Colony 
 or Natal should be obtained before any deportation 
 made to these two colonies ; in determining not merely 
 the place of deportation, but also of the trial and 
 punishment of persons in British possessions, it should 
 be borne in mind that the expenses, as far as practicable, 
 should be defrayed by the government of the possession 
 to which the persons belong.
 
 28 
 
 CHAPTER V. 
 
 THE APPLIED ACTS. 
 
 UNDEE section 5 of the Foreign Jurisdiction Act, 1890, 
 power to extend, by Order in Council, the enactments 
 in the first schedule to the Act is given with or without 
 any exceptions, adaptations, or modifications, to any 
 foreign country in which Her Majesty has jurisdiction. 
 Twelve Acts are set out in this schedule, and the whole 
 of eight of these Acts can be applied, while parts and 
 sections only of the other four are extendible. Ten of 
 these enactments have been extended or adapted by the 
 Africa Order in Council of 1889, the two enactments 
 that have not been applied at all being the Merchant 
 Shipping Act, 1854, Part X., and the Conveyancing 
 (Scotland) Act, 1874, sect. 51. 
 
 The provisions of Article 78 of the Order of 1889 
 are to be deemed adaptations for the purpose of the 
 Order, of the Admiralty Offences (Colonial) Act, 1849, 
 the Admiralty Offences (Colonial) Act, 1860, and the 
 Merchant Shipping Act, 1867, sect. 11, and so far as 
 they are repeated and adapted by the Article, but not 
 further or otherwise, are to extend to all places within 
 the limits of each local jurisdiction. 
 
 The Fugitive Offenders Act, 1881, is applied to
 
 THE APPLIED ACTS. 29 
 
 each local jurisdiction as if such were a British posses- 
 sion, subject to conditions, exceptions, and qualifications 
 mentioned in the Article, which are that the Act is only 
 to apply in the case of British subjects ; the principal 
 British consular officer is substituted for officers referred 
 to in the Act. The enactment concerning sending a 
 report of the issue of the warrant or certificate of com- 
 mittal or discharge to be given to a fugitive, and 
 enactments as to habeas corpus are excepted. The con- 
 sular officers are not to be bound to return an offender 
 unless satisfied that proceedings are with the consent of 
 the governor of the British possession. For the purposes 
 of Part II. of the Act, each local jurisdiction constituted, 
 together with Her Majesty's African possessions, is to be 
 deemed one group of British possessions. 
 
 By Article XCL, 
 
 The Evidence Act, 1851, sects. 7 and 11, 
 The Foreign Tribunals Evidence Act, 1856, 
 The Evidence by Commission Act, 1859, 
 The Evidence by Commission Act, 1885, 
 The British Law Ascertainment Act, 1859, and 
 The Foreign Law Ascertainment Act, 1861, 
 
 are all completely extended : the first as if the district 
 were a British colony, and the five latter with adaptations 
 substituting the Court for the Supreme Court, or a Judge 
 of a Court in a Colony, or for a Supreme Court in a 
 Colony respectively. 
 
 Although not one of the Acts in the schedule to the 
 Foreign Jurisdiction Act, 1890, by Article LXXX. of 
 the Order the Colonial Prisoners Removal Act, 1884, is 
 applied to each local jurisdiction as if the same were a 
 British possession, and the principal consular officer is 
 substituted for the governor of a British possession.
 
 30 
 
 CHAPTER VI. 
 
 COLONIAL ORDINANCES HAVING EFFECT IN THE PROTECTORATE. 
 
 UNDER Article XV. of the Order in Council, 1889, four 
 Ordinances of the Gold Coast Colony, modified and 
 adapted, have effect, and are to be administered in the 
 Protectorate. These are : 
 
 The Niger Coast Customs Ordinance, 1894 ; 
 The Niger Coast Post Office Ordinance, 1894; 
 The Niger Coast Constabulary Ordinance, 1894; and 
 The Niger Coast Fire Arms Ordinance, 1894 (a). 
 
 The Customs Ordinance deals with all matters regula- 
 ting the Customs Department ; its commencement, 
 application, and interpretation of terms are provided for 
 in the preliminary sections. The Ordinance is to 
 commence from the date fixed by the Commissioner 
 after the same shall have been publicly exhibited in the 
 
 (a) It has not been thought necessary to include these Ordinances 
 in this volume, as a supply of each has been separately printed and are 
 obtainable, and the Ordinances are readily at hand in the volume of 
 Laws of the Gold Coast Colony in Force April 7th, 1887, and can be 
 read mutatis mutandis for the Protectorate.
 
 COLONIAL OEDINANCES HAVING EFFECT. 31 
 
 consulate, and is to extend to the Niger Coast Protec- 
 torate and to the Protectorate waters. 
 
 Part I. Relates to the appointment of officers and 
 ports, and powers and duties of officers ; the 
 collection and management of duties ; draw- 
 backs and allowances ; disputes as to duty and 
 complaints ; and disputes between merchants 
 and customs officers and the investigation 
 thereof. 
 
 Part II. Relates to the importation and ware- 
 housing of goods. 
 
 Part III. To exportation. 
 Part IV. To the coasting trade. 
 
 Part V. Refers to bonds and securities relating to 
 the customs. 
 
 Part VI. To false declarations. 
 
 Part VII. To smuggling. 
 
 Part VIII. To legal proceedings. 
 
 And there is a schedule of forms to be used. 
 
 The Post Office Ordinance deals with the establish- 
 ment and regulations of the postal department. 
 
 Part I. The first section, gives the interpretation 
 to be placed on terms used throughout the 
 Ordinance. 
 
 Part II. Refers to stamps, duties, revenue and 
 expenditure. 
 
 Part III. To mail packets. 
 
 Part IV. To delivery of postal matter. 
 
 Part V. To posting.
 
 32 COLONIAL ORDINANCES HAVING EFFECT. 
 
 Part VI. To dead letters. 
 
 Part VII. Contains regulations as to ship's letters. 
 
 Part VIII. Deals with offences and penalties. 
 
 Part IX. To legal proceedings. 
 
 Part X. Provides for the protection of officers. 
 
 The Constabulary Ordinance deals with the constitu- 
 tion and government of the constabulary. In the pre- 
 liminary section signification of terms used in the 
 Ordinance are set out. 
 
 Part I. Relates to the appointments and duties of 
 officers, sergeants, corporals, and privates. 
 
 Part II. To enlistment and discharge. 
 
 Part III. Officers are to be justices of the peace 
 and all members of the force constables with 
 powers to arrest in certain cases. 
 
 Part IV. Relates to offences against discipline. 
 
 Part V. To punishment. 
 
 Part VI. To procedure. 
 
 Part VII. To the form of proceedings. 
 
 Part. VIII. To offences relating to members of 
 the force. 
 
 Part IX. To sentences. 
 
 Parts X. and XI. Contain miscellaneous provisions 
 as to members of the force, and provide for 
 the defence of the Protectorate by the force ^ 
 the Army Act to apply with certain alterations, 
 as to constitution of Court for trial of offences 
 and proceedings relating to the same, revision 
 of sentences by commissioner, and employ of 
 force under command of officer having imme- 
 diate commission from Her Majesty.
 
 COLONIAL ORDINANCES HAVING EFFECT. 33 
 
 The Firearms Ordinance has been adapted to carry out 
 the general Act of the Brussels Conference of 1890 and 
 to regulate the importation and storage and disposal of 
 firearms and ammunition into the Protectorate. The 
 Ordinance is to commence from such date as shall be 
 fixed by Her Majesty's Commissioner after having been 
 publicly exhibited in the consulate. The Commissioner, 
 by proclamation, is to appoint places for the storage or 
 deposit of firearms and ammunition imported into the 
 Protectorate, and to fix a time within which persons 
 who, at the commencement of the Ordinance, are in 
 possession of firearms other than flint-lock guns shall 
 present same to be marked as provided by the Ordi- 
 nance. It is believed that proclamations have already 
 been issued for these purposes. Except in certain speci- 
 fied cases, arms of precision, such as rifles, magazine 
 guns, or breechloaders, cannot be withdrawn from the 
 warehouses appointed, either for sale or otherwise ; and 
 there are provisions as to the withdrawal of flint-lock 
 guns and common gunpowder, and their sale and desti- 
 nation.
 
 GENERAL ANALYTICAL INDEX. 
 
 0. . .refers to the Africa Order in Council of 1889. 
 O. 2 . .refers to the Africa Order in Council of 1892. 
 O. 3 . .refers to the Africa Order in Council of 1893. 
 R. . .refers to the Rules appended to the Africa Order in Council of 1889. 
 
 ABSENCE OF PARTIES AT HEARING, E. 21. 
 
 ACCESSORIES TO MURDER AND MANSLAUGHTER, powers of Court re- 
 garding, 0. 78. 
 
 ACCUSED, 
 
 security by, for his appearance, O. 26. 
 escaping to another district, 0. 76. 
 
 ACCUSER, payment of expenses of prosecution by, 0. 66. 
 
 ACQUITTAL, not to be ordered where attempt to commit the crime 
 proved, 0. 68. 
 
 ACTING CONSULAR OFFICER, cases heard by, O. 106. 
 
 ACTING CONSUL- GENERAL, CONSUL OR VICE-CONSUL (if authorized) to 
 hold and form Consular Court, 0. 19. 
 
 ACTION, 
 
 to be commenced by summons, E. 9 (2). 
 
 for assault, person convicted of assault, not liable to, 0. 67. 
 
 notice of, necessary for anything done or omitted under Order, 
 
 O. 107. 
 must be commenced within three months after any Act or omission 
 
 complained of under Order, O. 107. 
 
 plaintiff not to succeed if tender of amends made before, O. 107. 
 further, persons punished not liable to, 0. 67 83. 
 
 ACTS OF PARLIAMENT REFERRED TO. (See Statutes.} 
 how not affected by Order, O. 18. 
 application of, 0. 79, 80, 91, 110. 
 
 ADAPTATIONS, 
 
 from colonial laws may be applied, O. 15. 
 of Acts of Parliament, O. 78, 81. 
 
 ADDING PARTIES, whose presence essential to a just decision, E. 12 (3). 
 
 D2
 
 36 GENERAL ANALYTICAL INDEX. 
 
 ADDRESS FOB SERVICE, 
 
 where plaintiff out of district, R. 13 (1). 
 
 where plaintiff only temporarily in district, R. 13 (1). 
 
 ADJOURNMENTS, Court may extend or adjourn time for doing acts, &c. 
 before or after appointed time, R. 48 (2). 
 
 ADMINISTERING, without probate or administration, liable to penalty, 
 O. 41. 
 
 ADMINISTRATION, 
 
 letters of, over property of British subjects, 0. 38. 
 
 letters of, where deceased had not a fixed abode in district not 
 
 impeachable only for, O. 38. 
 letters of, may be dispensed with where estate under 100., O. 44. 
 
 ADMIRALTY JURISDICTION, 0. 37. 
 Vice-, Courts, O. 37. 
 
 Offences Act (Colonial), 1849, adaptation of, 0. 78. 
 Offences Act (Colonial), 1860, adaptation of, 0. 78. 
 directions as to sale, &c. of Order, O. 116. 
 
 ADMISSION OF BARRISTERS AND SOLICITORS, O. 25. 
 
 AFFIDAVIT, 
 
 meaning of, 0. 3. 
 Registrar to take, 0. 29. 
 
 AFFIRMATIONS, Registrar may take, 0. 29. 
 
 AFRICA, 
 
 Acts of Parliament relating to, O. 18. 
 
 limits of Order, O. 4. 
 
 West, Orders in Council, 1872 and 1885, O. 49, 99, 113. 
 
 AFRICAN POSSESSIONS, 
 
 includes all colonies in Africa, O. 3. 
 
 judges of, to have powers under Order, O. 20. 
 
 Superior Courts of, to be Appeal Courts, 0. 21, 112. 
 
 excluded from local jurisdictions, 0. 6. 
 
 laws and ordinances, application, 0. 15. 
 
 powers, &c. of judge of Superior Court of, 0. 19. 
 
 Superior Courts of, review of sentences by, O. 74, 75. 
 
 Supreme Courts, appeals to, O. 82. 
 
 removal for trial to, O. 61. 
 
 execution of sentences in, O. 72. 
 
 AGREEMENT. (See Treaty.} 
 
 AMENDMENT, 
 
 in what cases permissible, 0. 35. 
 
 for errors and mistakes, and non-compliance with practice rules, 
 Court may make, R. 48 (4). 
 
 APPARENT INTESTACIES ADMINISTRATION, 
 to judge or officer of Court, O. 43. 
 officers to be indemnified by Court, O. 43. 
 commission chargeable for administering, O. 43. 
 commission and expenses, first charge on property, O. 43 
 commission, how provided for, O. 43. 
 proceedings on estate under 100J., O. 43.
 
 GENERAL ANALYTICAL INDEX. 37 
 
 APPEAL, 
 
 Courts of, 0. 21. 
 
 only to be where authorized under Order, O. 21. 
 
 against proceedings by arbitrators, 0. 34. 
 
 to lie to prescribed Court, when, O. 82. 
 
 leave to, granted by Court of Appeal, 0. 82. 
 
 time within which to, O. 82. 
 
 stay of execution and terms of, O. 82. 
 
 Consular Court may state a case for opinion of Court of, O. 82. 
 
 matters not provided for on, to be same as on application for new 
 
 trial, O. 82. 
 Court, decisions of, to be subject to appeal in same manner as 
 
 other appeals, O. 82. 
 
 appeal to Her Majesty in Council, conditions of, O. 82. 
 Court of, sentences may be directed to be reviewed by, 0. 74. 
 minutes of cases to be transmitted to, O. 75. 
 findings of Court of, to be carried into effect by Consular Court, 
 
 0. 75. 
 
 Court may direct stay of execution pending review, 0. 75. 
 to persons appointed to exercise appellate jurisdiction in local 
 
 jurisdiction, O. 112. 
 Court may direct security before execution for performance of 
 
 Order on appeal, E. 46 (2). 
 Court may on staying execution require appellant to give security 
 
 pending appeal, E. 46 (3). 
 time of, E. 42. 
 application for leave to (when necessary) to be made one month 
 
 from decision, E. 42 (1). 
 where leave not necessary notice to be given within, two months 
 
 from decision, E. 42 (2). 
 notice of, E. 43. 
 appellant to transmit written notice of, stating extent and grounds 
 
 of, E. 43 (1). 
 appellant within seven days after notice to give security as Court 
 
 directs, E. 43 (2). 
 appellant at time of notice to pay into Court an estimated sum for 
 
 costs of transmitting record, E. 43 (3). 
 Court to serve notice of, on respondent, E. 44. 
 respondent within fourteen days from service of notice to give 
 
 notice of cross appeal (if any), E. 44. 
 Court to make up record to include notes of evidence, &c., 
 
 E. 45 (1). 
 all documents forming record to be numbered and secured by 
 
 seal and forwarded to Court of Appeal, E. 45 (2). 
 no original documents to be transmitted as part of record, 
 
 E. 45 (3). 
 after transmission of record Appeal Court to be in possession of 
 
 the whole action, E. 45 (4). 
 Order made by Court of Appeal to be transmitted to Court below 
 
 and there enforced, E. 45 (5). 
 on leave for, or notice of, Court may suspend execution, E. 46 (1). 
 
 APPEALS, 0. 82, E. 4246. 
 
 for regulation of, Eules may be framed, 0. 95. (See Rules.)
 
 38 GENERAL ANALYTICAL INDEX. 
 
 APPELLATE JURISDICTION, 
 
 conferred on Superior Courts of Colonies, 0. 21. 
 person may be appointed to exercise, in local jurisdiction, 0. 112. 
 powers of persons appointed to exercise, in local jurisdiction, 
 O. 112. 
 
 APPLICATION, ETC., 
 
 of the Order, 0. 311. 
 
 to be made for judgments to be drawn up, R. 25 (1). 
 to dismiss action for want of prosecution, R. 1 6. 
 for search, warrant, R. 79. (See Search Warrant.) 
 
 APPLICATIONS TO COURT, may be made orally, E. 48 (1). 
 
 APPOINTMENT, 
 
 of officers, O. 19. 
 
 how admitted in evidence, O. 19. 
 
 consular seal to appointments, O. 19. 
 
 APPREHENDED BREACHES OF THE PEACE, deportation may be ordered, 
 O. 102. 
 
 APPREHENSION OF BRITISH SUBJECTS charged with crime committed in 
 District, O. 57. 
 
 ARBITRATION AND RECONCILIATION, 
 
 Courts to promote reconciliation, 0. 34. 
 
 with consent of parties Court may refer suits pending before it, 
 
 0. 34. 
 
 reference to, made rule of Court, O. 34. 
 award to be final, 0. 34. 
 
 ARBITRATOR, appointment of, O. 34. 
 
 ARREST, 0. 32, R. 39. 
 
 person failing to obey order may be arrested on warrant, R. 39. 
 
 in criminal case arising wholly or partly in jurisdiction, 0. 26. 
 
 application for warrant for, R. 39 (1). 
 
 form of warrant, R. 39 (2). 
 
 for disobedience to Order person liable to be detained until Order 
 
 complied with or security given, R. 39 (3). 
 imprisonment of person disobeying order where no longer possible 
 
 to obey, R. 39 (3). 
 for disobedience to Orders, followed by sequestration, R. 40 (1). 
 
 (See Sequestration.) 
 
 warrant of, in criminal proceedings, R. 53. (See Warrant.) 
 of accused, for removal to Court having jurisdiction, O. 26. 
 warrant of, may be issued and executed on Sunday, R. 80 (1). 
 of British subjects, O. 57. 
 
 ARRESTS to enforce judgments, O. 32. 
 
 ASSAULT, 
 
 of officers of Court, bail discretionary, 0. 60. 
 
 person committing, may be ordered to pay damages, O. 67. 
 
 damages may be in addition to or in lieu of fine, O. 67. 
 
 damages for, recoverable as a fine, O. 67. 
 
 person convicted of, not liable to an action, O. 67. 
 
 with intent to rob, 0. 69.
 
 GENERAL ANALYTICAL INDEX. 39 
 
 ASSESSORS, O. 92. 
 
 trial with, what cases compulsory, O. 63. 
 
 consent by accused for trial without, O. 63. 
 
 Court may summon not less than two or more than four British 
 
 subjects, O. 92. 
 
 when Court may proceed with one only or without any, O. 92. 
 not to have voice in decision, 0. 92. 
 dissenting from decision, dissent how recorded, O. 92. 
 entitled to copy of the minutes, O. 92. 
 cases where amount in dispute or claim under 3001. discretionary 
 
 appointment, 0. 93. 
 
 punishment of persons refusing to attend as, O. 94. 
 fine for refusal to attend as, mode of recovery, O. 94. 
 in absence of, Court may continue trial without, in urgent cases, 
 
 E. 5 (7). 
 
 file of proceedings to be open to inspection of, E. 7 (4). 
 being all prevented from continuing to serve new trial with fresh 
 
 assessors may be had, E. 5 (7). 
 prevented from continuing to serve Court may proceed with 
 
 remainder, E. 5 (6). 
 excused from attendance, E. 5 (5). 
 minutes of proceedings open to, 0. 28. 
 trial with, when discretionary, O. 64. 
 list of qualified persons to be kept by each Court, E. 5. 
 summoning of, E. 5 (2). 
 form of summons for, E. 5 (4). 
 in suits by or against foreigners, 0. 100. 
 
 ASSOCIATION, included in person, 0. 3. 
 
 ATTACHMENT, 
 
 rules may be made as to, 0. 96. 
 of debts, E. 31. (See Execution.} 
 
 ATTEMPTED CRIMES, how dealt with, 0. 68. 
 
 ATTENDANCE OF WITNESSES, E. 1 . 
 
 AUXILIARY, CONSULAR COURTS to be, to each other, 0. 23. 
 
 AWARD, 
 
 to be final, O. 34. 
 
 decree may be entered in conformity with, O. 34. 
 
 when open to appeal, O. 34. 
 
 proceedings after, 0. 34. 
 
 enforcement of, 0. 34 and 0. 96. 
 
 B. 
 
 BACKING WARRANTS, issued in any of Her Majesty's dominions, and 
 arrest of offenders thereunder, 0. 77. 
 
 BAIL, 
 
 to be by recognizance to appear, E. 56 (1). 
 form of, E. 56(1).
 
 40 GENERAL ANALYTICAL INDEX. 
 
 BAIL continued. 
 
 sureties for, in discretion of consul, E. 56 (2). 
 
 on completion of recognizance accused to be discharged from 
 
 custody, E. 56 (3). 
 person out on, failing to appear, recognizance to be forfeited and 
 
 liable to arrest, E. 56 (4). 
 when to be allowed, O. 60, 75. 
 when discretionary, 0. 60. 
 
 BANKRUPTCY, 
 
 Courts of, 0. 36. 
 
 jurisdiction in, 0. 36. 
 
 law enforced in England to apply, 0. 36. 
 
 BARRISTERS, admission of. 0. 25. 
 
 BELLS OF SALE, made as security in regard to crimes committed, 0. 32. 
 
 BOATS FORFEITED, E. 78. (See Sale of Goods forfeited.} 
 
 BOND for security of costs, E. 13 (2). 
 
 BREACHES OF CONTRACT, affecting natives and foreigners cognizable 
 with consent under Order, 0. 17. 
 
 BREAKING AND ENTERING BUILDINGS, 
 
 powers of Court in offence of, 0. 70. 
 open doors, E. 79. (See Search Warrant.} 
 
 BRINGING PERSONS BEFORE THE COURT IN CRIMINAL PROCEEDINGS, 
 
 arrested persons to be brought up within forty-eight hours, 
 
 E. 55 (1). 
 
 if not brought up in forty-eight hours reasons of delay to be 
 recorded, E. 55 (2). . 
 
 BRITISH POSSESSIONS, 
 
 Fugitive Offenders Act, 1881, to apply to local jurisdiction, as if, 
 
 0. 79. 
 
 Colonial Prisoners Eemoval Act, the like. 
 British Law Ascertainment Act, 1859, extended, 0. 91. 
 
 BRITISH PROTECTED PERSON, 0. 3, 0. 3 2. 
 
 natives of any British Protectorate outside local jurisdiction, 
 when within jurisdiction to be deemed such, 0. 3 2. 
 
 BRITISH SHIPS, persons belonging to, may be summoned as assessors, 
 0. 92. 
 
 BRITISH SUBJECT, 
 
 meaning of, 0. 3. 
 
 British subjects and their property affected, 0. 10. 
 
 ships and boats, persons and property on board affected, 0. 10. 
 
 subjects, bankruptcy of, jurisdiction of Courts, 0. 36. 
 
 wills of, to be deposited in Court, 0. 39. 
 
 death of, in district, property to vest in judge until administration 
 
 granted, O. 39. 
 piracy by, triable wherever committed, 0. 47.
 
 GENERAL ANALYTICAL INDEX. 41 
 
 BRITISH SUBJECT continued. 
 
 murders and manslaughter by (or accessories to), jurisdiction 
 
 over, 0. 78. 
 jurisdiction over, for crimes on high seas or admiralty jurisdiction, 
 
 O. 78. 
 ship, offences committed on board of, 0. 78. 
 
 BRITISH SUBJECTS, 
 
 Fugitive Offenders Act, 1881, only to apply to, O. 79. 
 
 may be summoned to give evidence, O. 83. 
 
 when warrants may be issued, 0. 84. 
 
 giving false evidence, perjury, 0. 87. 
 
 may be summoned as assessors, O. 92. 
 
 power to apprehend and try, O. 57. 
 
 suits by, against foreigners when entertained, O. 100. 
 
 counterclaims by, in suits by foreigners not permissible, 0. 100. 
 
 co-plaintiff with foreigner, security for costs will not be ordered, 
 O. 100. 
 
 co-plaintiff with foreigner, liable for all costs, 0. 100. 
 
 resident in district must register in Consular Court, 0. 104. 
 
 arriving in Protectorate must register within one month, O. 104. 
 
 failure to register, Courts may decline to recognise him as British 
 subject, O. 104. 
 
 registration of, O. 104. 
 
 subjects of the signatory Powers to the Berlin Act, 1885, justi- 
 ciable by the Courts as, O. z 2. 
 
 BURGLARY, 
 
 powers of Court in, 0. 70. 
 
 C. 
 
 CAPE COLONY, 
 
 a colony persons may be removed to for trial and execution of 
 sentence, O. 72A. 
 
 CAPITULATIONS, 0. 10. 
 
 CASKS AND CASES FORFEITED, E. 78. (See Sale of Goods.) 
 
 CAUSE BOOK, 
 
 to be kept by every Court, E. 10. 
 what entries to be made therein, E. 10. 
 form of, E. 10. 
 
 CAUSES OF ACTION, 
 
 plaintiff may unite several causes in same action, E. 11 (1). 
 Court may order separate trials, when, E. 11 (2). 
 
 CERTIFICATE, 
 
 of dismissal of charge, E. 70, 71. (See Dismissal of Charge.') 
 of registration, O. 104. 
 
 CHANGE OF PARTIES TO ACTION, E. 19. (See Parties.) 
 
 or transmission of interest, of parties to action, E. 19 (1).
 
 42 GENERAL ANALYTICAL INDEX. 
 
 CHARGE, 
 
 prosecutor is to prefer, E. 50 (2). 
 
 consul to make a minute in'~writing of, with particulars of names 
 
 and substance of offence, E. 50 (3). 
 form of, E. 50 (3). 
 description of offences to follow words in Acts of Parliament or of 
 
 Africa Order or in similar words, E. 54. 
 
 CHILD, 
 
 summary order for support of, 0. 54. 
 illegitimate, support of, 0, 54. 
 
 CIVIL APPEALS, 
 
 rules as to, 0, 95. (See Rules.} 
 
 suits, conduct of, to be without excessive regard to technicalities, 
 
 0. 95. 
 proceedings, rules may be framed as to, 0. 95 98. (See Rules.} 
 
 CIVIL CASES, 
 
 minutes of proceedings to be drawn up, 0. 28. 
 
 costs in, 0. 31. 
 
 appeals, O. 82. 
 
 evidence, witnesses, &c., 0. 83 91. 
 
 heard with assessors. (See Assessors.} 
 
 CIVIL JURISDICTION, 
 
 to be exercised according to law in England, O. 13. 
 in what cases Courts can act, O. 26. 
 
 CIVIL PROCEEDINGS, 
 
 to be by action, E. 9. 
 
 pending at commencement of Order, 0. 114. 
 
 procedure, O. 2235, 9598. 
 
 COLONIAL LAWS, 
 
 Secretary of State may apply, 0. 15. 
 Courts, Vice- Admiralty, jurisdiction of, to apply, O. 37. 
 Courts, acts of, how affected by the Order, O. IS. 
 laws, how affected by the Order, O. 18. 
 
 COLONIAL PRISONERS EEMOVAL ACT, 1884, O. 80. 
 
 COLONY, 
 
 meaning of, O. 3. 
 
 execution of sentence in, 0. 72. 
 
 Courts Act, O. 18. 
 
 Admiralty Offences Acts, 0. 78. 
 
 COMMENCEMENT OF ORDER, 
 
 what repeals to take place, 0. 113. 
 time of, 0. 115. 
 
 COMMISSION, Her Majesty's, O. 19. 
 
 COMMISSION, 
 
 may be charged by officers administering a deceased's estate, O. 43. 
 expenses, first charge on property, O. 43. 
 how provided for, O. 43.
 
 GENERAL ANALYTICAL INDEX. 43 
 
 COMMISSIONER, 
 
 appointment, 0. 19. 
 
 may be appointed to exercise appellate jurisdiction, 0. 112. 
 the like extraordinary jurisdiction in certain cases, 0. 112. 
 powers over District Courts and officers, O. 112. 
 powers over consular and other officers, O. 112. 
 appeals to, in cases where he does not exercise original jurisdic- 
 tion, 0. 112. 
 
 COMMISSIONERS, persons included as, O. 19. 
 
 COMMISSIONS, 
 
 persons not holding Consular, may be appointed as judges, O. 19. 
 
 COMMITTAL, 
 
 for trial to Colonial Courts, 0. 57. 
 
 of judgment debtor, E. 33. (See Judgment Debtor.} 
 
 COMMITMENT, warrant of, may be issued and executed on Sunday, 
 E. 80. 
 
 COMMUTING SENTENCES, by Secretary of State, 0. 74. 
 
 CONFISCATIONS. (See Forfeiture.'} 
 
 CONGO TERRITORIES, local jurisdictions, 0. 7. 
 
 CONSENT OF COURT, necessary for prosecutions by foreigners under Acts 
 relating to copyright, trade marks, &c., when, 0. 55. 
 
 CONSENT OF NATIVES AND FOREIGNERS, 
 when necessary, O. 10, 17. 
 
 of foreigners, subjects of signatory Powers to Berlin Act, not 
 required, O. 2 2. 
 
 CONSENT OF PARTIES, to continue trial when assessors are prevented 
 from serving, E. 5 (7). 
 
 CONSTITUTION OF COURTS, 0. 19. 
 
 CONSUL, 
 
 empowered to make Queen's regulations, O. 99. 
 to give certificate of registration of British subjects, O. 104. 
 persons included as, O. 19. 
 general powers, 0. 105. 
 
 every, to aid in execution of summonses, warrants, and Orders, 
 E. 80 (2). 
 
 CONSUL-GENERAL, 
 
 may admit persons as barristers and solicitors, O. 25. 
 make rules for admission of persons to practise, O. 25. 
 may be appointed to exercise appellate jurisdiction, 0. 112. 
 appellate jurisdiction in certain cases, O. 112. 
 extraordinary jurisdiction in certain cases, O. 112. 
 powers over District Courts and officers, O. 112. 
 powers over consular and other officers, O. 112. 
 appeals to, in cases where he does not exercise original jurisdic- 
 tion, O. 112.
 
 44 GENERAL ANALYTICAL INDEX. 
 
 CONSUL-GENERAL, CONSUL, OR VICE-CONSUL, if authorized, to hold and 
 form a Consular Court, 0. 19. 
 
 CONSULAR AGENT, 0. 3. 
 
 CONSULAR COURT, registration of British subjects in, 0. 104. 
 
 CONSULAR COURTS, 
 
 persons appointed to exercise appellate jurisdiction to have powers 
 
 over, O. 104. 
 
 appeals from, to persons having appellate jurisdiction, 0. 104. 
 to be auxiliary to each other, O. 23. 
 general powers, O. 105. 
 terms included in, O. 19. 
 jurisdiction vested in, to be exercised in own district, O. 22. 
 
 CONSULAR COURTS TO BE COURTS OF RECORD, O. 24. 
 CONSULAR COURTS TO BE COURTS OF LAW AND EQUITY, 0. 24. 
 
 CONSULAR DISTRICT, 
 definition of, O. 3. 
 officers, definition of, O. 3. 
 
 officers may take possession of property of deceased persons, O. 41. 
 officers, the like where deceased had no fixed abode in district, 
 O. 42. 
 
 CONSULAR INSTRUCTIONS, 
 
 meaning of "prescribed" in connection with, O. 3. 
 may constitute or alter local jurisdictions, O. 5. 
 how published, O. 5. 
 Act, 6 Geo. IV. c. 87, O. 96. 
 
 CONSULAR OFFICER, 
 
 includes person acting as consul-general, consul, vice-consul, or 
 consular agent, 0. 3. 
 
 may be appointed to act concurrently or separately, O. 19. 
 
 may perform acts not of a judicial character, O. 105. 
 
 persons acting as, may complete hearing of civil and criminal 
 matters after ceasing to act, unless otherwise directed, O. 106. 
 
 under Fugitive Offenders Act, substituted for what persons, O. 79. 
 
 not bound to return fugitive unless proceedings taken with consent 
 of Government of British Possession, O. 79. 
 
 under Colonial Prisoners Eemoval Act, substitute for what per- 
 sons, 0. 80. 
 
 may signify evidence about to be given, injurious to Her Majesty's 
 service, 0. 90. 
 
 may frame rules, 0. 95 98. (See Rules.) 
 
 powers of judge, &c., over, O. 112. 
 
 CONTEMPT OF COURT, 
 
 an offence against Order, 0. 51. 
 
 apprehension and punishment of persons guilty of, O. 51. 
 
 CONTRACT, breaches of, affecting natives and foreigners cognizable 
 under Order, 0. 10, 17.
 
 GENERAL ANALYTICAL INDEX. 45 
 
 CONVENTION. (See Treaty.") 
 with Congo State, 0. 7. 
 
 CONVICTION, E. 75. (See Imprisonment on Conviction.} 
 
 CONVICTION AND SENTENCE, 
 
 to be entered on minutes, E. 69. 
 
 the like in respect of any order for security for good behaviour, 
 
 E. 69. 
 the like in respect of any order of deportation or payment of 
 
 damages, E. 69. 
 certified copy of, to be transmitted to place selected for execution 
 
 of sentence, E. 75 (2). 
 
 COPYRIGHT ACTS, relating to, offences against, an offence against the 
 Order, when, 0. 55. 
 
 CORPORATIONS, included in person, O. 3. 
 COSTS, 
 
 in civil cases, O. 31. 
 
 in criminal cases, O. 32. 
 
 to be in the discretion of the Court, E. 24 (1). 
 
 of whole action, in discretion of Court, E. 24 (1). 
 
 of particular proceedings in actions, ditto, E. 24 (1). 
 
 of whole action, of successful party, not to be ordered against, 
 
 E. 24 (2). 
 of particular proceedings, Court may order successful party to pay, 
 
 E. 24 (2). 
 
 may be ordered to be paid out of any fund or property, E. 24 (3). 
 ordered to be paid, Court may order stay until payment of, 
 
 E. 24 (4). 
 if practicable to be fixed by Court at time of making order or 
 
 judgment, E. 24 (5). 
 
 fixing amount of, principles to be observed in, E. 24 (6). 
 charges of sequestration proceedings and remuneration of seques- 
 
 trators, E. 40 (3). (See Sequestration.} 
 of amendments of errors and mistakes, E. 48 (4). 
 on re-hearing and reviewing judgment in civil cases, O. 27. 
 fees, &c., provisions as to, O. 31. 
 costs, charges, and expenses in civil cases Court may order out of 
 
 particular funds, O. 31. 
 
 of removal and deportation, how defrayed, O. 109. 
 security for, when plaintiff is out of district, E. 13 (2). 
 security by plaintiff who has left or is about to leave district, E. 
 
 13 (3). 
 of malicious, frivolous, and vexatious prosecutions, mode of 
 
 recovery, 0. 66. 
 
 enforced payment of, 0. 32, 96. 
 suits by or against foreigners, O. 100. 
 
 COUNTER CLAIM, 
 
 in suits by foreigners, 0. 100. 
 
 defendant may set off any right or claim, by way of, E. 18(1). 
 
 notice to be given to Court, E. 18 (2). 
 
 notice to be served on plaintiff four days before hearing, E. 18 (2). 
 
 form of, E. 18 (2). 
 
 Court may refuse defendant permission to avail himself of, E. 18 (3).
 
 46 GENERAL ANALYTICAL INDEX. 
 
 COTJKT, 
 
 defined, 0. 3, 19. 
 
 Consular defined, and constitution, 0. 19. 
 
 general powers, jurisdiction, &c., O. 22 35, 105. 
 
 to keep a list of persons qualified to be assessors, R. 5 (1). (And 
 
 see Assessors.} 
 
 to summon assessors, R. 5 (2). 
 
 to summon assessors according to order on list, R. 5 (3). 
 may excuse attendance of assessors generally or in particular cases, 
 
 R. 5 (5). 
 
 may discharge person acting as assessor, R. 5 (5). 
 may continue trial with remaining assessor if others prevented 
 
 continuing to serve, R. 5 (6). 
 may continue trial in like cases without assessors in urgent cases, 
 
 R. 5 (7). 
 
 cause book to be kept for all actions, R. 10. 
 may order separate trials in certain cases of joinder of causes of 
 
 action, R. 11 (2). 
 may order security for costs by plaintiff who has left or is about 
 
 to leave district, R. 13 (3). 
 powers of, to amend, O. 35. 
 terms included in, O. 19. 
 
 may order costs to be paid by any party, O. 31. 
 includes person exercising jurisdiction, 0. 3. 
 to have seal, 0. 19, 110. 
 powers of, to order payment of expenses of malicious, frivolous, 
 
 and vexatious prosecutions, 0. 66. 
 district, 0. 19. 
 judges of. (See Judge.} 
 appointment and removal of officers, O. 19. 
 
 COURT OF APPEAL, O. 21, 82. 
 
 appeal to lie to, when, 0. 82. 
 
 rules of procedure, O. 95 98. 
 
 terms may be prescribed regarding appeal to, 0. 82. 
 
 Consular Court may state a case for opinion of, O. 82. 
 
 judgment of, Consular Court to give effect to, 0. 82. 
 
 decision of, appealable to Her Majesty in Council, conditions 
 
 relating to, O. 82. 
 evidence before, O. 90. 
 
 COTJBTS, 
 
 to be Courts of Bankruptcy, O. 36. 
 
 power of to re-hear civil cases, O. 27. 
 
 may order security to abide result of arbitration, O. 34. 
 
 powers of Consul-General over, O. 112. 
 
 trial with assessors, O. 92. 
 
 to be Courts of Record, O. 24. 
 
 to be Courts of Law and Equity, O. 24. 
 
 probate, 0. 3844. 
 
 power over acts endangering public order, O. 52. 
 
 jurisdiction in cases of support of wife and child, O. 54. 
 
 criminal procedure, O. 57 81 
 
 power over prisons, O. 72, 73. 
 
 to give effect to instructions of Court of Review, 0. 75.
 
 GENERAL ANALYTICAL INDEX. 47 
 
 COURTS continued. 
 
 registration at, O. 104. 
 
 may encourage reconciliation, O. 34. 
 
 refer suits'with consent of parties to arbitration, 019. 
 
 may back warrants issued in any of Her Majesty's dominions and 
 arrest, O. 77. 
 
 cases heard by acting consular officers, O. 106. 
 
 may, on failure to give security order deportation for crimes and 
 offences, O. 102. 
 
 the like in apprehended breaches of the peace, 0. 102. 
 
 removal for trial or execution of sentence, O. 103. 
 
 Court of Appeal, appeal to, from person having appellate juris- 
 diction, 0. 112. 
 
 practice observed in England to be followed, O. 13, 14. 
 
 Superior, of African Possessions, powers, &c., 0. 20. 
 
 Superior, of African Possessions, a Court of Appeal, O. 21. 
 
 Supreme, of African Possessions, a Court of Appeal, O. 82, 112. 
 
 Superior, of African Possessions, review of sentences, &c. by, 
 O. 74, 75. 
 
 constitution of , 0. 19, 20, 110. 
 
 general powers of, and general procedure, 0. 22 35. 
 
 to be auxiliary to each other, 0. 23. 
 
 special powers (bankruptcy, probate, &c.), 0. 36 44. 
 
 held by Consul-General of Zanzibar, a Court of Appeal, 0. 21. 
 
 admission of barristers and solicitors, O. 25. 
 
 jurisdiction over matters arising wholly or partly within their 
 districts, 0. 26. 
 
 power to review judgments, 0. 27. 
 
 minutes of proceedings and their preservation, O. 28. 
 
 Eegistrar, O. 29. 
 
 costs, fees, penalties, &c., O. 31, 32. 
 
 power to levy moneys recoverable under Merchant Shipping Acts, 
 O. 33. 
 
 power to settle litigation, O. 34. 
 
 decree of, O. 34. 
 
 informalities, mistakes, and omissions, O. 35. 
 
 Vice-Admiralty, O. 37. 
 
 obstruction, disturbance, and contempt of, 0. 51. 
 
 misconduct of officers, O. 53, 60. 
 
 criminal procedure, 0. 57 81. 
 
 accused escaping from district of one Court to another, O. 76. 
 
 power to back warrant issued in British dominions, O. 77. 
 
 jurisdiction where death or criminal act happened within its juris- 
 diction, O. 78. 
 
 jurisdiction over crimes committed on high seas or within Admi- 
 ralty jurisdiction, O. 78. 
 
 evidence, O. 8391. 
 
 rules of procedure, O. 95 98. 
 
 powers in suits by or against foreigners, O. 100, 101. 
 
 suits, &c. for things done or omitted under this Order, O. 107. 
 
 appellate jurisdiction of Consul-General, O. 112. 
 
 Colonial, acts of, how affected by this Order, O. 18. 
 
 foreign, O. 100, 101. 
 
 Egyptian, O. 6.
 
 48 GENERAL ANALYTICAL INDEX. 
 
 CRIMES, 
 
 meaning of, 0. 3. 
 
 jurisdiction over, 0. 12, 13. 
 
 an act not a crime in England, no crime unless so by Order, 0. 14. 
 
 trials of, with assessors compulsory in certain cases, 0. 63. 
 
 what crimes triable with or without assessors, 0. 63. 
 
 against foreigners and natives, punishment of, 0. 17. 
 
 punishable under Order, list of, 0. 45. 
 
 declared offences against the Order punishable, 0. 45. 
 
 punishable as offences against Order, being also crimes against 
 
 law of England triable either way, 0. 45. 
 accused not punishable both for crime and offence against Order, 
 
 0. 46. 
 
 of piracy by British subject triable wheresoever committed, 0. 45. 
 by British subjects punishable according to Order, 0. 12. 
 power to try British subjects for, 0. 57. 
 incitement to commit, 0. 71. 
 on the High Seas, 0. 78. 
 within Admiralty jurisdiction, 0. 78. 
 
 CRIMINAL CASES, 
 costs in, 0. 32. 
 law and procedure, 0. 45. 
 procedure, 0. 57. 
 
 evidence, witnesses, &c., 0. 83 91. 
 prosecution for contempt of court, &c., 0. 51. 
 trial with assessors. (See Assessors.} 
 
 CRIMINAL JURISDICTION, 
 
 in what cases Court can act, 0. 26. 
 proceedings, minutes to be drawn up, 0. 28. 
 to be administered as in England, 0. 18. 
 law and procedure, 0. 13, 22 35, 45 81. 
 
 CRIMINAL PROCEEDINGS, to be begun by a charge, E. 50(1). (See 
 Charge.} 
 
 CROSS EXAMINATION of witnesses before trial, E. 20 (4). (See Deposi- 
 tions.} 
 
 CROSS-SUIT, suits by or against foreigners, O. 100. 
 CUSTODY pending removal, 0. 103. 
 
 D. 
 
 DAMAGES, 
 
 for assault may be ordered, 0. 67. 
 
 persons applying for injunction for, to enter into recognizance as 
 
 security for, E. 41 (2). (See Injunctions.} 
 how recoverable, 0. 67. 
 
 DEATH OF PARTY, E. 19. 
 
 person interested in action may obtain order for enabling or com- 
 pelling proper parties to carry on proceedings, E. 19 (1). 
 persons served with such Orders may apply to Court to discharge 
 same, E. 19 (2).
 
 GENERAL ANALYTICAL INDEX. 49 
 
 DEATH, SENTENCE or, 0. 45, 61, 72. 
 
 to be carried out in one of the African possessions, 0. 72. 
 
 DEBTS, attachment of, E. 31. (See Execution, Garnishee, Sfc.) 
 DECEASED BRITISH SUBJECT, property, 0. 36 44. 
 
 DECLARATIONS, 
 
 registrar to take, 0. 29. 
 
 by witness, Court may take instead of an oath, E. 2 (2). 
 
 DECREE OF COURT, may be entered in conformity with award, 0. 34. 
 
 DEFECTIVE, actions becoming, by death or change of parties, how 
 cured, E. 19 (1). 
 
 DEFENDANT, 
 
 appearing without plaintiff, Court may order costs in his favour, 
 
 E. 21 (1). 
 dismissal by Court for second failure of plaintiff to attend, to have 
 
 effect as judgment for him, E. 21 (2). 
 not appearing after proof of summons, Court may hear action, 
 
 E. 21 (4 and 5). 
 order made against, in absence of, Court may re-hear on terms, 
 
 E. 21 (6). 
 
 may set off any right or claim by way of counterclaim, E. 18 (1). 
 counterclaim, Court may refuse permission to avail himself of it, 
 
 E. 18 (3). 
 to give security for appearance before Court having jurisdiction, 
 
 O. 26. 
 
 joinder of persons as, E. 12 (2). 
 
 Court may strike out names of parties improperly joined, E. 12 (2). 
 Court may add persons, essential to a just decision, O. 28. 
 
 DEFINITION OF TERMS, O. 3 19, O. 2 1, O. 3 3. 
 
 DEPORTATION, 
 
 order for, on conviction, to be entered on minutes, E. 69. 
 
 issue of warrant, for failure to give security, E. 76. 
 
 warrant of, E. 76. 
 
 costs of, 0. 32. 
 
 for levying war, aiding insurrection or rebellion, 0. 48. 
 
 place to be sent to, 0. 48. 
 
 in crimes and offences, in default of security for good behaviour, 
 
 persons may be deported, 0. 102. 
 persons may be deported forthwith or after undergoing sentence, 
 
 0. 102. 
 
 to be to the prescribed possession, O. 102. 
 may be to any part of Her Majesty's dominions, as Secretary of 
 
 State directs, 0. 102. 
 concurrence of Her Majesty's Treasury, in what cases necessary, 
 
 0. 102. 
 in apprehended breaches of the peace, after failure to give 
 
 security, 0. 102. 
 
 order for, to be executed as removals from district, O. 102. 
 to places directed by Secretary of State, provisions as to, O. 102. 
 expenses of, may be ordered to be paid, 0. 102. 
 
 N. E
 
 50 GENERAL ANALYTICAL INDEX. 
 
 DEPORTATION continued. 
 
 report to be made to the Secretary of State of every order for, 
 
 forthwith, 0. 102. 
 
 person returning while order is in force without consent, 0. 102. 
 a warrant to be issued for, 0. 103. 
 warrant, endorsement of, pending removal, 0. 103. 
 on arrival at place deported to, person to be discharged, 0. 103. 
 when warrant provides for further deportation, person deported 
 
 to remain in custody at first place sent to, O. 103. 
 expenses of, how defrayed, 0. 109 (and see O. 32, 102). 
 order for, may be remitted by Secretary of State, 0. 102. 
 
 DEPORTATION AND EEMOVAL, 0. 102 103. 
 
 DEPOSIT, 
 
 for security for costs, B. 13 (2). 
 
 of testamentary papers, O. 39. 
 
 of money for good behaviour, 0. 102. 
 
 DEPOSITIONS BEFORE TRIAL, E. 20. 
 
 evidence of witness about to leave district may be taken, E. 20 (1). 
 
 evidence of persons not likely to be present at trial may be taken, 
 E. 20 (1). 
 
 evidence to be taken as at trial, E. 20 (2). 
 
 evidence to be signed by witness and sealed by Court, E. 20 (3). 
 
 not to be admitted in evidence unless deponent was available for 
 cross-examination, E. 20 (4). 
 
 for special reasons to be recorded, may be admitted at trial not- 
 withstanding deponent was not cross-examined, E. 20 (4). 
 
 to be preserved in Public Office, 0. 28. 
 
 rules as to taking and transmitting for use in a colony or in 
 England may be made, O. 96. 
 
 DESIGNS, 
 
 Acts relating to offences against Patents, Designs, and Trade 
 Marks Acts, offences under order when, 0. 55. 
 
 DISCHARGE, imprisonment not a, O. 32. 
 
 DISCHARGE OF ACCUSED, 
 
 after preliminary examination, where no grounds for putting on 
 trial, E, 59. 
 
 DISMISSAL, 
 
 for failure to proceed, E. 16. 
 
 of action not disposed of within twelve months from service, E. 16. 
 
 for failure to proceed, on application by parties, E. 16. 
 
 for failure to proceed, without application by parties, E. 16. 
 
 DISMISSAL OF CHARGE, E. 70. 
 
 order to be entered on minutes with any order for costs against 
 
 prosecutor, E. 70 (1). 
 form of order for, E. 70 (1). 
 certificate to be sealed and furnished accused on application, 
 
 E. 70 (2). 
 certificate of, to be a bar to any subsequent charge in Africa for 
 
 same matter, E. 70 (3).
 
 GENEKAL ANALYTICAL INDEX. 51 
 
 DISOBEDIENCE TO ORDER, 
 
 person prosecuting order may apply for arrest, E. 39 (1). 
 
 Court may issue warrant to take the body of the disobedient 
 
 person and detain in custody, E. 39 (2). 
 person arrested liable to be detained until order complied with or 
 
 security given, E. 39 (3). 
 where no longer possible to obey order, imprisonment or fine may 
 
 be inflicted on person arrested, E. 39 (3). 
 
 DISSENT OF ASSESSORS from decision, how to be recorded, 0. 92. 
 
 DISTRESS, 
 
 judgments enforced by, O. 32, 96. 
 imprisonment in default of, 0. 32. 
 
 DISTRICT, 
 
 judgments not to be enforced out of, E. 28 (2). 
 for special reasons Court may direct judgment to be enforced out 
 of, E. 28 (3). 
 
 DISTRICTS, 
 
 places in, appointed for Consular Courts, by Secretary of State, 
 
 0. 19. 
 
 meaning of, 0. 19. 
 
 places in, may be appointed for Courts, O. 19. 
 disputes arising in, by what Courts dealt with, 0. 26. 
 escape of offenders from, how to be dealt with, O. 76. 
 
 DISTURBANCE OF COURT, when sitting, an offence against order, 0. 51. 
 DOCUMENTARY EVIDENCE, E. 4. 
 
 DOCUMENTS, 
 
 production of, as evidence, 0. 83. 
 
 to be marked when put in, E. 4 (1). 
 
 returned after preliminary examination or trial, E. 4 (2). 
 
 issued from Courts to be sealed, E. 6. 
 
 requiring service, E. 14 (4). (See Service.} 
 
 affecting H.M.'s service, production of, 0. 90. 
 
 production before foreign or native tribunals, 0. 101. 
 
 DOMINIONS OF HER MAJESTY, warrants issued in, may be backed in 
 the Protectorate and accused persons arrested, O. 77. 
 
 DUTY, attempt to evade. (See Smuggling.} 
 
 E. 
 
 EGYPTIAN COURTS, places subject to, excluded from local jurisdictions, 
 0. 6. 
 
 EMBEZZLEMENT, powers of Court, 0. 70 
 
 ENFORCEMENT, 
 
 of submission to arbitration, 0. 34. 
 of award, O. 34.
 
 52 GENEEAL ANALYTICAL INDEX. 
 
 ENGLAND, 
 
 sentences to be as in, for crimes on high seas, &c., 0. 78. 
 principles and substance of law of, to be observed, 0. 13. 
 jurisdiction in bankruptcy in, O. 36. 
 procedure and practice of Courts of justice and justices of the 
 
 peace in, to be followed, O. 13. 
 
 laws of, inconsistency in treaties with, how dealt with, 0. 16. 
 laws of, in mode of inflicting punishments to be followed, 0. 65. 
 crimes punishable on indictment in, are punishable under the 
 
 Order, 0. 45. 
 
 ENGLISH MONEY, sums of money, fines, and penalties, to be calculated 
 in, 0. 111. 
 
 EQUITY, COTJKTS OF, 0. 24. 
 
 ESCAPE, of person charged to another district, powers of Court, 0. 76. 
 
 ESTATE, administration of, not exceeding 100?., 0. 44. 
 
 EVIDENCE, 
 
 British subjects may be summoned to give, 0. 83. 
 
 failure to attend to give, O. 83. 
 
 person punishable for failure to give, 0. 84. 
 
 material, in criminal cases, Court may summon person to attend, 
 
 O. 84. 
 
 person failing to obey summons, warrant may be issued, 0. 84. 
 warrant, when can be issued, without summons, O. 84. 
 civil cases, Court may order expenses to be defrayed, O. 85. 
 what ceremony in administering oath, O. 86. 
 false, person giving, guilty of perjury, 0. 87. 
 judicial notice to be taken of what matters, 0. 88, 89. 
 injurious to Her Majesty's service, when not to be given, 0. 90. 
 Act, 1851, sects. 7 and 11, to extend, O. 90. 
 The Foreign Tribunals Evidence Act, 1856, extended, 0. 91. 
 by Commission Act, 1859, to extend, 0. 91. 
 by Commission Act, 1885, to extend, 0. 91. 
 The British Law Ascertainment Act, 1859, to extend, 0. 91. 
 Foreign Law Ascertainment Act, 1861, to extend, O. 91. 
 of British subject before foreign tribunal may be secured, O. 101. 
 oral, R. 3. 
 
 Court to take note of substance of all oral evidence, R. 3. 
 documentary, R. 4. 
 
 of witnesses before trial, R. 20. (See Depositions.} 
 of approval, &c., of rules, 0. 97. 
 
 EXAMINATION of accused before removal for trial, R. 57. (See 
 Preliminary Examination.} 
 
 EXAMINATION, cross-examination and re-examination, R. 3 (1). 
 
 EXECUTION, 
 
 on conviction, R. 75. (See Imprisonment on Conviction.} 
 
 for moneys ordered to be paid in criminal proceedings, R. 77. 
 
 (See Payment of Money.} 
 time and place of, R. 80. 
 not to issue against party not served with judgment, R. 28 (1).
 
 GENERAL ANALYTICAL INDEX. 53 
 
 EXECUTION continued. 
 
 may not in general be enforced out of district, E. 28 (2, 3). 
 application for, by party entitled to benefit of judgment, E. 28 (4). 
 in default of payment of instalments, may be for whole sum 
 
 remaining unpaid, R. 28 (5). 
 
 of judgment, by seizure and sale of goods, E. 29 (3). 
 by attachment of debts or by sale of lands, E. 29 (3). 
 Court to execute warrant of seizure and sale to levy money due 
 
 and costs of execution, E. 30 (1). 
 amount due and costs of execution to be endorsed on warrant, 
 
 E. 30 (2). 
 
 sale of goods seized to be made by order of Court, E. 30 (3). 
 sale to be conducted under direction of Court, E. 30 (3). 
 no steps to be taken on sale without demand of judgment creditor, 
 
 E. 30 (4). 
 
 judgment creditor liable for any damage, E. 30 (5). 
 sale not to be made until at least five days following seizure, 
 
 E. 30 (6). 
 
 sale of goods of perishable nature, E. 30 (6). 
 sale of goods on written request of judgment debtor, E. 30 (6). 
 sale of goods under order of Court for special reasons, E. 30 (6). 
 goods to be deposited in fit place, or remain in custody of fit 
 
 person, or be in possession of officer pending sale, E. 30 (7). 
 sale not to take place unless goods proved to belong to judgment- 
 debtor, E. 30 (8). 
 sale not to take place unless goods in jurisdiction of Court, 
 
 E. 30 (8). 
 claim by third party to goods seized to be decided in summary 
 
 way, E. 30 (9). 
 claims to goods seized by native of Africa or foreigner, special 
 
 conditions, E. 30 (10). 
 officer executing warrant may seize money or securities belonging 
 
 to judgment debtor, E. 30 (11). 
 Court to hold property or instruments seized as security for amount 
 
 to be levied or amount levied, E. 30 (12). 
 judgment creditor may sue in name of judgment debtor for 
 
 moneys payable under instruments seized, E. 30 (13). 
 on payment into Court or to officer, warrant to be suspended and 
 
 property delivered up, E. 31 (14). 
 by attachment of debts, E. 31. 
 judgment creditor to satisfy Court that garnishee indebted and 
 
 within jurisdiction, E. 31 (1). 
 
 Court may summon garnishee for examination, E. 31 (2). 
 garnishee disputing liability or alleging debt due to third person, 
 
 Court may take necessary proceedings to determine liability, 
 
 E. 31 (3). 
 third person and other witnesses may be summoned to attend, 
 
 E. 31 (3). 
 Court may bar or otherwise deal with third person's claim, 
 
 E. 31 (3). 
 Court when satisfied liquidated sum due from garnishee, may 
 
 order payment into Court of amount sufficient to satisfy judg- 
 ment, E. 31 (4). 
 form of order on garnishee (order absolute), E. 31 (4).
 
 54 GENERAL ANALYTICAL INDEX. 
 
 EXECTTTIOX continued. 
 
 garnishee disobeying order, Court may issue warrant of seizure of 
 
 his goods, E. 31 (5). 
 payment by garnish.ee or execution levied against, valid discharge 
 
 to him, E. 31 (6). 
 by sale of lands, E. 32. 
 when Court satisfied no other property, Court may issue warrant 
 
 for sale of interests in lands, E. 32 (1). 
 form of warrant, E. 32 (1). 
 form of warrants for sale of land, E. 32 (1). 
 proceeds of sale of lands to be paid into Court, E. 32 (2). 
 before issue of warrant Court may inquire into judgment debtor's 
 
 interest, E. 32 (3). 
 
 Court may summon judgment debtor and other witnesses at in- 
 quiry, E. 32 (3). 
 imprisonment of judgment debtor not to affect right of execution 
 
 against goods, E. 37 (1). 
 of judgments other than for payment of money to be by arrest or 
 
 sequestration, E. 38 (1). 
 by arrest or sequestration, memorandum to be endorsed on copy 
 
 of judgment served, E. 38 (2). 
 stay of, pending appeal, E. 46 (1). (See Appeal.} 
 
 EXHIBITED, 
 
 copy of Order in Council to be exhibited in Public Office, 0. 115. 
 to be kept conspicuously, in each Consular Court, 0. 116. 
 
 EXPENSES, 
 
 of and preliminary to trial, may be ordered to be paid by con- 
 victed person, O. 66. 
 of imprisonment, and the like, O. 66. 
 administration in cases of apparent intestacy, O. 43. 
 punishment of offender, O. 66. 
 of prosecution, payment by accuser, 0. 66. 
 of witnesses, 0. 32, 85. 
 in suits by or against foreigners, 0. 100. 
 of deportation and removal, O. 102, 109. 
 
 EXPIRY of time appointed for doing any act, &c., Court may further 
 extend or adjourn the time, E. 48 (2). 
 
 EXTOBTION, officers of Court guilty of, punishment for, 0. 53. 
 
 P. 
 
 FAILURE, to proceed, Court may dismiss action for, E. 16. 
 
 FEES, 
 
 civil cases, O. 31. 
 
 rules as to fixing and enforcing, may be made, 0. 32, 96. 
 and expenses, O. 108, 109. 
 
 fines, penalties, &c., levied or received to be accounted for as 
 Secretary of State directs, 0. 108.
 
 GENERAL ANALYTICAL INDEX. 55 
 
 FEES continued. 
 probate, O. 41. 
 
 to be sanctioned by Treasury, O. 96, 108. 
 in suits by or against foreigners, O. 100. 
 for registration of British subject, 0. 104. 
 application of, 0. 108. 
 to be paid in English money or its equivalent, O. 111. 
 
 FELONIES, punishable on indictment in England punishable under 
 order, O. 45. 
 
 FELONY, 0. 45. 
 
 bail discretionary, except in murders, 0. 60. 
 
 FEMALES, registration of, how dealt with, 0. 104. 
 FEMININE included in masculine, O. 3. 
 
 FILE OF PROCEEDINGS, 
 
 minutes and all documents in the case to be filed in a continuous 
 
 file, E. 7 (2). 
 
 to be preserved among the records, E. 7 (3). 
 open to inspection of assessors, E. 7 (4). 
 not to be inspected by other persons except by order of Secretary 
 
 of State, E. 7 (4). 
 written judgments to be filed on, E. 23 (2). 
 
 FINES, 
 
 how enforced, 0. 32, 96. 
 
 for levying war, &c., O. 48. 
 
 for smuggling, 0. 50. 
 
 for obstruction, disturbance, and contempt of Court, O. 51. 
 
 for misconduct of officers of Court, O. 53. 
 
 for offences when no penalty specified, 0. 56. 
 
 in cases of assault, O. 67. 
 
 exceeding 100/., review of, 0. 74. 
 
 for failure of assessor to attend trial, 0. 94. 
 
 for failure to attend foreign tribunals as witness, O. 101. 
 
 application of, O. 108. 
 
 to be paid in English money, or its equivalent, &c., O. 111. 
 
 FOREIGN, 
 
 ship, crimes by British subjects on, O. 78. 
 Tribunals Evidence Act, 1856, extended, O. 91. 
 Law Ascertainment Act, 1861, extended, O. 91. 
 Courts, 0. 100. 
 
 FOREIGN TRIBUNALS, 
 
 attendance of witnesses before, 0. 101. 
 
 Court cannot order attendance anywhere beyond its own district, 
 
 0. 101. 
 failure of witness to attend an offence against the Order, O. 101. 
 
 FOREIGNER(S), 
 
 meaning of, O. 3. 
 
 includes natives of Africa, 0. 3.
 
 56 GENERAL ANALYTICAL INDEX. 
 
 FOREIGNER(S) continued. 
 bankruptcy of, 0. 36. 
 
 and British subject, matters between, 0. 12, 100. 
 natives of British protectorates outside local jurisdiction when 
 
 within, to be deemed British protected persons, O. 3 2. 
 consent of, not required of subjects of signatory Powers to Berlin 
 
 Act, O. 2 2. 
 
 foreigners submitting, affected by the Order, 0. 10. 
 foreigners whose Government consents to exercise of power, 0. 10, 
 
 O. 2 1. 
 
 crimes against, cognizable with consent of, 0. 17. 
 prosecutions by, under Acts relating to patents and trade marks, 
 
 &c., conditions, O. 55. 
 
 proceedings in civil suits by and against, 0. 100. 
 to file consent, O. 100. 
 if required, to file certificate of their Government not objecting to 
 
 the jurisdiction, O. 100. 
 
 if required, to give security for costs and abide by decision, 0. 100. 
 in suits by, counterclaim not to be brought without leave, O. 100. 
 suits by, defendants' cross suits, how dealt with, 0. 100. 
 judgments obtained when to be stayed, 0. 100. 
 not required to give security where co-plaintiff British subject, 
 
 O. 100. 
 suits by, British subject co-plaintiff with, liable for all costs, 
 
 0. 100. 
 
 suits by or against. Assessors, 0. 100. 
 to whom Order of 1892 applies, definition of, O. 2 1. 
 
 FORFEITURE, 
 
 of goods (and ship) smuggled, 0. 50. 
 sale of things forfeited, O. 96. 
 application of, O. 108. 
 enforcement of, 0. 96. 
 
 FORMS, 
 
 to be used may be drawn up, O. 95. 
 of indictment, O. 96. 
 
 FRIVOLOUS, 
 
 prosecutions, costs of, powers of Court, 0. 66. 
 mode of recovery of costs, 0. 66. 
 
 FUGITIVE, 
 
 Offenders Act, 1881, to apply with exceptions and qualifications, 
 
 O. 79. 
 report of issue of warrant, &c., excepted, 0. 79. 
 
 G. 
 
 GAMBIA, offences committed in adjacent territories, 0. 18. 
 GAOLERS, appointment of, 0. 73.
 
 GENERAL ANALYTICAL INDEX. 57 
 
 GARNISHEE, 
 
 process rules may be made as to, 0. 96. 
 
 examination of, R. 31 (2). 
 
 order absolute against, R. 31 (4). 
 
 GARNISHMENT of debts, R. 31. (See Execution.") 
 
 GENERAL LAW, 
 
 administered in conformity with substance of law in England, 
 
 0. 13. 
 
 administered in conformity to practice of Courts of Justice and 
 Justices of the Peace, O. 13. 
 
 GENERAL powers of Court, O. 22, R. 48. 
 GENERAL procedure, 0. 22. 
 
 GENERAL PROVISIONS, 
 
 in criminal matters, R. 72. 
 
 accused competent, but not compellable, to give evidence, R. 72 (1). 
 the like in cases of husband or wife of accused, R. 72 (1). 
 accused or husband or wife examined as ordinary witnesses, 
 
 R. 72 (2). 
 adjournment of preliminary examination or trial to be from day 
 
 to day, R. 73 (1). 
 adjournments, when accused in custody not to be for more than 
 
 fourteen days, R. 73 (2). 
 
 adjournment to be to a stated time and place, R. 73 (3). 
 pending adjournment, Court may permit accused to be at large or 
 
 kept in custody, or admit to bail, R. 73 (3). 
 form of warrant of commitment during adjournment, R. 73 (4). 
 Court may proceed at adjourned hearing if accused not present, 
 
 for reasons to be stated, R. 73 (5). 
 security for good behaviour, form of recognizance, R. 74. 
 
 GOLD COAST, 
 
 a colony to which persons may be removed for trial or execution 
 
 of sentence, O. 72A. 
 offences committed in adjacent territories, 0. 18. 
 
 GOODS, distress and sale of, 0. 31. 
 
 GOODS FORFEITED, R. 78. (See Sale of Goods Forfeited.) 
 
 GOVERNMENT of a foreign subject, waiver to jurisdiction by, O. 100. 
 
 H. 
 
 HABEAS CORPUS under Fugitive Offenders Act, 1881, excepted, 0. 79. 
 HARD LABOUR, 0. 45, 48, 72. 
 
 HEARING, 
 
 absence of parties at, R. 21 (1). 
 
 plaintiff not appearing, action may be struck out, R. 21 (1). 
 defendant only appearing, Court may order costs in Ms favour, 
 R. 21 (1).
 
 58 GENERAL ANALYTICAL INDEX, 
 
 HEARING continued. 
 
 plaintiff not appearing second time, Court may dismiss summons, 
 
 R. 21 (2). 
 
 dismissal to have effect as judgment for defendant, E. 21 (2). 
 defendant not appearing after proof of service, Court may hear 
 
 action, E. 21 (4, 5). 
 
 judgment may be given in defendant's absence, E. 21 (5). 
 on proof, defendant's absence excusable, and of a defence, Court 
 
 may hear action, E. 21 (6). 
 to take place in open Court, E. 22 (1). 
 
 Court may postpone or adjourn as justice requires, E. 22 (2). 
 in criminal proceedings, E. 67. (See Trial.} 
 
 HER MAJESTY in Council, appeal to, when allowed, 0. 82. 
 HIGH SEAS, crimes on, 0. 78. 
 
 HOUSEBREAKING, 0. 70. 
 
 I. 
 
 ILLEGITIMATE CHILDREN, summary order for support of, 0. 54. 
 
 IMPERIAL ACTS, 
 
 application of, O. 110. 
 construction of, O. 110. 
 
 IMPRISONMENT 
 
 of judgment debtor, E. 34 37. (See Judgment Debtor.} 
 
 in default of distress, O. 32. 
 
 in default of distress not a discharge, 0. 32. 
 
 (or other punishment) expenses of, accused may be ordered to 
 
 pay, O. 66. 
 
 in what prisons, O. 72. 
 in Colonies when, O. 72. 
 in what possessions, O. 72. 
 expenses of. (See Expenses.} 
 with hard labour, 0. 45, 48, 72. 
 on conviction, form of warrant for, E. 75 (1). 
 warrant of removal for, E. 75 (1). 
 warrant of removal for, grounds for issue to be entered on 
 
 minutes, E. 75 (2). 
 warrant of removal for, on issuing, certified copy of conviction and 
 
 sentence and notice of warrant to be sent proper officer in 
 
 place selected, E. 75 (2). 
 terms not exceeding two years, O. 48. 
 
 three months, 0. 50, 56. 
 one month, 0. 66, 101. 
 six days, O. 94. 
 twelve hours, O. 51. 
 
 for twelve months or upwards, 0. 62, 74. 
 sentences of, prisons, O. 72. 
 
 INCITING TO COMMIT CRIMES, 
 how punishable, O. 7 1 . 
 mode of trial, 0. 71.
 
 GENERAL ANALYTICAL INDEX. 59 
 
 INDIA, subjects of Princes and States in, 0. 3. 
 
 INDICTMENT, 
 
 acts punishable on, O. 45. 
 form of, O. 96. 
 
 INFORMALITIES, 0. 35. 
 
 INJUNCTIONS AND ORDERS, 
 before actions, R. 41. 
 
 on proof of urgency Court may order injunction, R. 41. 
 Court may make order to sequester money or goods or stop 
 
 clearance of vessels or hold to bail or attach property, R. 41 (1). 
 before order Court to require person applying to enter into 
 
 recognizance for security for damages, E. 41 (2). 
 order not to remain in force more than twenty-four hours, and 
 
 wholly to cease if action not brought within that time, R. 41 (3). 
 order for, to be dealt with in action as Court thinks just, R. 41 (4). 
 
 INSPECTION 
 
 of file of proceedings by assessors, R. 7 (4). 
 
 of file of proceedings by other persons, order for necessary, 
 R. 7 (4). 
 
 INSTALMENTS, 
 
 Court may order payment by, R. 26 (1). 
 
 default of payment of, execution may issue for whole debt 
 remaining due, R. 28 (5). 
 
 INSULTING officers of Court, assessors and others, during sittings an 
 offence against Order, O. 51. 
 
 INSURRECTION, 
 
 offence against Order, punishment for, 0. 48. 
 aiding and abetting, 0. 48. 
 
 INTERIOR WATERS, within limits of Order, 0. 4. 
 INTERNATIONAL AGREEMENT. (See Treaty.} 
 
 INTERPRETATION OF TERMS, 0. 3, 19, R. 1. 
 
 &c., of the Order, 0. 311. 
 
 INTERRUPTING COURT, persons may be removed for, 0. 51. 
 INTESTACIES, proceedings in estates under 100/., O, 44. 
 
 INTESTACY, apparent, administration may be granted to the judge or 
 officers of Court, 0. 43. 
 
 INTESTATE, British subject dying, property of to vest in judge until 
 administration granted, 0. 40. 
 
 INTIMIDATION OF SUITORS, an offence against Order, 0. 51. 
 
 INVALID, no actions to be treated as, on account of technical errors, 
 R. 48 (3). 
 
 INVENTORY of property of deceased persons, when to be taken, O. 42.
 
 60 GENERAL ANALYTICAL INDEX. 
 
 IREELEVANT, oppressive, or vexatious questions may be disallowed, 
 E. 3 (2). 
 
 ISLANDS adjacent, within limits of Order, 0. 4. 
 
 J. 
 
 JOINDER OF CAUSES OF ACTION, 
 may be made, E. 11 (1). 
 separate trials may be ordered, E. 1 1 (2). 
 
 JOINT AND SEVEEAL, 
 
 causes of action, E. 12 (1). 
 defences, E. 12 (2). 
 
 JUDGE, 
 
 defined, 0. 19. 
 
 may be appointed to exercise appellate jurisdiction, O. 112. 
 
 to sign minutes of all proceedings, O. 28. 
 
 when registrar, 0. 30. 
 
 property of intestates to vest in, when, 0. 40. 
 
 holding Her Majesty's commission, O. 19. 
 
 not holding Her Majesty's commission, 0. 19. 
 
 may be appointed in any district or region, O. 19. 
 
 limitation of appointment, 0. 19. 
 
 to have same powers as exercised by Consular Courts, O. 19. 
 
 how removable, 0. 19. 
 
 may be assigned concurrent powers, O. 19. 
 
 Secretary of State may direct any designation for, 0. 19. 
 
 persons included as, 0. 19. 
 
 of African Colonies to have power and authority of Courts under 
 
 Order within any prescribed local jurisdiction, O. 20. 
 extraordinary jurisdiction in certain cases, O. 112. 
 powers over District Courts and officers, O. 112. 
 appeals in cases where he does not exercise original jurisdiction, 
 
 0. 112. 
 
 JUDGMENT(S), 
 
 review of, O. 27. 
 
 how enforced, O. 32. 
 
 enforced by distress, 0.31. 
 
 rules for execution of judgments may be framed, 0. 95. (See 
 
 Rules.} 
 
 service of, E. 14. (See Service.} 
 issued from Court to be sealed, E. 6. 
 execution of, E. 28 32. (See Execution.} 
 creditor, E. 29. (See Execution.} 
 to be delivered in open Court, E. 23 (1). 
 to be recorded on minutes, E. 23 (1). 
 where grounds of, stated in writing, copy to be filed on file of 
 
 proceedings, E. 23 (2). 
 when reserved parties to be served with notice to attend and hear, 
 
 E. 23 (3).
 
 GENERAL ANALYTICAL INDEX. 61 
 
 JUDGMENT(S) continued. 
 
 notice not necessary when Court names day when judgment will 
 
 be delivered, E. 23 (3). 
 all parties deemed to have notice of same when pronounced at 
 
 hearing, E. 23 (4). 
 the like when parties served with notice to attend and hear, 
 
 E. 23 (5). 
 on application of any party to action judgment to be drawn up, 
 
 E. 25 (1). 
 form of, E. 25 (1). 
 
 to be copied in full on minutes, E. 25 (1). 
 to be sealed by Court, E. 25 (2). 
 to be handed party applying, E. 25 (2). 
 cannot be served, enforced or appealed against, until drawn up, 
 
 E. 25 (3). 
 
 any party to an action entitled to an office copy of, E. 25 (4 ). 
 operation of, E. 26. 
 for payment of money, may order payment at once or by 
 
 instalments, E. 26 (1). 
 requiring any act done, or to abstain from doing anything, to take 
 
 effect at once or after specified time, E. 26 (2). 
 Court may stay execution on, at any time on terms, E. 26 (3). 
 moneys ordered by, to be paid into office of Court unless otherwise 
 
 directed, E. 27. 
 
 JUDGMENT DEBTOR, E. 29. (See Execution.} 
 
 seizure and sale of goods of, E. 30 (1). (See Execution.) 
 
 may satisfy execution by payment into Court or to officer executing 
 
 warrant, E. 30 (14). (See Execution.) 
 attachment of debts of, E. 31. (See Execution.) 
 examination of as to debts due to, E. 31 (2). (See Execution.) 
 sale of lands belonging to, where no other property available, 
 
 E. 32. (See Execution.) 
 committal of, E. 33. 
 Court may summon to be examined, as to ability to pay unsatisfied 
 
 judgment, E. 33 (1). 
 form of summons to, E. 33 (1). 
 on appearance of, may be examined as to circumstances under 
 
 which debt incurred, E. 33 (2). 
 
 may be examined as to ability to satisfy debt, E. 33 (2). 
 Court may adjourn examination of and require security for his 
 
 appearance, E. 33 (3). 
 in default of security, Court may commit him to custody until 
 
 adjourned hearing, E. 33 (3). 
 Court may summon and examine witnesses as to circumstances 
 
 under which debt incurred, and of judgment debtor's ability to 
 
 pay, E. 33(2). 
 if Court satisfied he has had sufficient means to pay and refuses 
 
 and neglects to do so, may commit to prison, E. 34 (1). 
 if Court satisfied he has made any gift, transfer, or concealment of 
 
 property, with intent to defraud, Court may commit to prison, 
 
 E. 34 (2). 
 if Court satisfied that debt contracted by fraud or breach of trust, 
 
 may commit him to prison, E. 34 (3).
 
 62 GENERAL ANALYTICAL INDEX. 
 
 JUDGMENT DEBTOR continued. 
 
 if Court satisfied forbearance obtained by fraud, Court may 
 
 commit to prison, E. 34 (4). 
 if Court satisfied that debt wilfully contracted without reasonable 
 
 expectation of ability to pay, may commit to prison, E. 34 (5). 
 committal to prison of, may be for any time not exceeding forty 
 
 days, E. 34 (5). 
 
 form of warrant for committal of, E. 34 (5). 
 grounds of order against to be recorded on minutes, E. 34 (5). 
 on examination of, Court may rescind or alter or make further 
 
 order as to payment, E. 35. 
 expenses of maintenance in prison to be paid by judgment creditor, 
 
 E. 36 (1). 
 expenses so paid may be recovered from judgment debtor, 
 
 E. 36 (1). 
 expenses to be estimated by Court and paid by judgment debtor 
 
 in manner directed, E. 36 (2). 
 in default of payment of expenses judgment debtor may be 
 
 discharged, E. 36 (3). 
 
 imprisonment of, not to operate as satisfaction of debt, E. 37 (1). 
 imprisonment of, not to protect debtor from imprisonment for any 
 
 new fraud, E. 37 (1). 
 imprisonment of, not to deprive creditor of right to execution 
 
 against goods, E. 37 (1). 
 on payment of amount ordered with costs, to be discharged, 
 
 E. 37 (2). 
 
 JUDGMENTS AND OBDEES, E. 25. 
 
 JUDICIAL 
 
 instrument or document, Secretary of State may assign distinctive 
 
 name to be used in, 0. 8. 
 notice to be taken of the Order, O. 88. 
 officers. (See Officers.} 
 
 JUBISDICTION(S), 
 
 persons exercising, under Order in Council, 0. 3. 
 
 local, how constituted, O. 5. 
 
 places excluded from, O. 6. 
 
 British possessions excluded from, O. 6. 
 
 EDSsessions of European Powers excluded from, O. 6. 
 iberia excluded from, 0^.6. 
 places affected by other Orders, O. 6. 
 power to constitute for whole or part of Niger Coast Protectorate, 
 
 0.7. 
 
 distinctive name may be assigned to local jurisdictions, O. 8. 
 powers constituted, how far to extend, O. 10. 
 powers conferred, extend to British subjects and their property 
 
 within the local jurisdiction, O. 10. 
 when British subject absent, O. 10. 
 British ships and boats and persons and property on board 
 
 included, O. 10. 
 
 foreigners submitting themselves, 0. 10. 
 foreigners whose Government has consented to, O. 10.
 
 GENERAL ANALYTICAL INDEX. 63 
 
 JURISDICTION(S) continued. 
 
 powers exercised in, to include all conferred by Foreign Jurisdic- 
 tion Acts, 0.11. 
 
 to be exercised according to provision of Order, O. 12. 
 
 appellate, conferred on Colonial Courts, O. 21. 
 
 vested in Consular Courts, to be within own district, 0. 22. 
 
 civil and criminal, exercisable as in England, O, 12, 13, 26, 27. 
 
 practice of English Courts to be observed, O. 13. 
 
 criminal, definition of crimes, O. 14. 
 
 Colonial laws may be applied to, 0. 15. 
 
 in what cases, 0. 26. 
 
 in bankruptcy, O. 36. 
 
 in cases of murder and manslaughter and accessories to, 0. 78. 
 
 in Admiralty, over crimes committed on high seas, 0. 78. 
 
 rules for the effectual exercise of, may be framed, 0. 95 98. 
 (See Rules.} 
 
 treaty provisions to be observed, 0. 16. 
 
 appellate, of consul-general, judge, &c., O. 112. 
 
 JUSTICES OF THE PEACE in England, procedure before, to be followed, 
 O. 13. 
 
 K. 
 
 KEEPERS OF PRISONS, appointment, 0. 73. 
 
 L. 
 
 LAGOS, 
 
 a colony, persons may be removed to, for trial or execution of 
 
 sentence, 0. 72A. 
 offences committed in adjacent territories, 0. 18. 
 
 LANDS, 
 
 may be sold to enforce judgments, 0. 31. 
 sale of, R. 32. (See Execution.} 
 
 LARCENY, powers of Court regarding, 0. 70. 
 LAW, general, O. 12 18. 
 
 LAW AND EQUITY, 
 
 Courts of, O. 24. 
 
 British Ascertainment Act, 0. 91. 
 
 Foreign Ascertainment Act, O. 91." 
 
 LAW OF ENGLAND, 
 
 provisions of treaties repugnant to, O. 16. 
 
 civil and criminal jurisdiction to be in conformity with the sub- 
 stance of, O. 13. 
 punishments imposed by, to be regarded, O. 65. 
 
 i 
 
 LAWS, 
 
 imperial application of, O. 110. 
 
 in African possessions, power of Secretary of State to declare them 
 
 to be administered, O. 15. 
 colonial, how affected by the Order, 0. 18.
 
 64 GENERAL ANALYTICAL INDEX. 
 
 LEVYING WAR, 
 
 offence against Order, O. 48. 
 
 aiding or abetting any person in, 0. 48. 
 
 LIBEL on Court or judges, &c., 0. 51. 
 
 LIBEBIA excluded from local jurisdictions, 0. 6. 
 
 LIMITATION of actions, for anything done or committed under Order, 
 0. 107. 
 
 LIMITATIONS as to exercise of powers by Consular Courts, 0. 19. 
 
 LIMITS or ORDER, 
 set out, 0. 4. 
 summonses, warrants and orders may be executed in, R. 80 (2). 
 
 LITIGATION, power to settle, O. 34. 
 
 LOCAL JURISDICTIONS, 
 
 treaty provisions to have effect in, 0. 16. 
 
 adaptations of Acts to extend to all places in, 0. 78. 
 
 Fugitive Offenders Act, 1881, qualifications respecting, 0. 79. 
 
 under Colonial Prisoners Removal Act, O. 80. 
 
 powers of Order exercisable only within, 0. 4. 
 
 constituted for purposes of Order, O. 4. 
 
 power of Secretary of State to constitute or alter, 0. 5. 
 
 notification of, how published, O. 5. 
 
 parts excluded, U. 6. 
 
 British possessions excluded, 0. 6. 
 
 countries of European Powers excluded, 0. 6. 
 
 Liberia excluded from, 0. 6. 
 
 places affected by other Orders, O. 6. 
 
 power to constitute, for whole or part of Niger Coast Protectorate, 
 0. 7. 
 
 distinctive name may be assigned to, O. 8. 
 
 powers constituted, how far to extend, O. 10. 
 
 powers conferred extend to British subjects and their property 
 within the local jurisdiction, O. 10. 
 
 when British subjects absent from, 0. 10. 
 
 foreigners submitting themselves, 0. 10. 
 
 foreigners, where their Government has consented to jurisdiction, 
 0. 10. 
 
 powers exercised in, to include all conferred by Foreign Jurisdic- 
 tion Acts, O. 1 1 . 
 
 all jurisdiction to be exercised in, to be according to provisions of 
 Order, O. 12. 
 
 Colonial Ordinances may be applied to, 0. 15. 
 
 Madagascar to form one, 0. 9. 
 
 all other places within limits of Order to form one, O. 9. 
 
 application of Foreign Jurisdiction Act, 1878, to, O. 78. 
 
 application of Admiralty Offences (Colonial) Act, 1849, to, O. 78. 
 
 application of Admiralty Offences (Colonial) Act, 1860, to, 0. 78. 
 
 application of Merchant Shipping Act, 1867, to, 0. 78. 
 
 application of Colonial Prisoners Removal Act, 1884, to, 0. 80.
 
 GENERAL ANALYTICAL INDEX. 65 
 
 M. 
 
 MADAGASCAR, 
 
 jurisdiction in, Preamble. 
 
 subjects of Indian Princes and States resident in, &c., 0. 3. 
 
 limits of Order, O. 4. 
 
 to form one local jurisdiction, 0. 9. 
 
 application of Fugitive Offenders Act, 1881, 0. 79. 
 
 Order in Council, 1869, O. 113. 
 
 MAKING UP AND TRANSMITTING RECORD, R. 45. (See Appeal.) 
 
 MALICIOUS PROSECUTIONS, 
 
 expenses of, powers of Court to deal with, O. 66. 
 mode of recovery of costs of, 0. 66. 
 
 MALICIOUSLY, and without reasonable cause, applying for search 
 warrants, damages for, R. 79 (8). 
 
 MANSLAUGHTER, accessories to, powers of Court regarding, 0. 78. 
 MARITIME AND INTERIOR WATERS, within limits of Order, O. 4. 
 
 MARRIAGE by parties to action, order may be obtained enabling proper 
 parties to carry on proceedings, R. 19 (1). 
 
 MASCULINE, includes feminine, 0. 3. 
 
 MAURITIUS, 0. 3. 
 
 MEANINGS OF TERMS AND EXPRESSIONS, 0. 3, R. 1. 
 
 MERCHANDISE MARKS ACT, 1887, offences against, punishable as 
 offences against the Order, when, O. 55. 
 
 MERCHANT SHIPPING ACTS, 
 
 moneys recoverable under, 0. 33. 
 
 Act 1867, section 11, adaptations of, 0. 78. 
 
 MINUTES AND FILE OF PROCEEDINGS, R. 7. 
 
 to be in writing, signed and sealed, R. 7(1). 
 all documents in the case to be filed, R. 7 (2). 
 
 MINUTES OF PROCEEDINGS, O. 28. 
 to be signed by judge, O. 28. 
 open for inspection of assessors, O. 28. 
 with depositions, to be preserved in public office, 0. 28. 
 to record reasons for delay, after 48 hours, in bringing accused 
 
 before Court, O. 58. 
 
 to record time of appearance of accused, O. 58. 
 reasons for refusal to admit to bail, to be recorded thereon, 0. 60. 
 reasons for non-cross-examination of witnesses examined before 
 
 trial to be recorded on, R. 24. 
 judgment of Court to be recorded on, R. 23 (1). 
 judgment when drawn up to be copied in full on, R. 25 (1). 
 of cases under review by Court of Appeal, to be transmitted to, 
 
 O. 75. 
 
 return of, by Court of Appeal, 0. 75. 
 assessors may record dissent from decisions on, 0. 92. 
 N, F
 
 66 GENERAL ANALYTICAL INDEX. 
 
 MINUTES OF PROCEEDINGS continued. 
 assessors entitled to copy of, O. 92. 
 grounds of order for committal of judgment debtor to be recorded 
 
 on, R. 34 (5). 
 
 conviction and sentence to be entered on, R. 69. (See Conviction.} 
 order of dismissal of charge to be entered on, R. 70 (1). 
 issue of warrant of removal for imprisonment to be entered on, 
 
 R. 75 (2). 
 of trial, in case of sentence of death, to be transmitted to Secretary 
 
 of State, 0. 74. 
 
 MISCONDUCT OF OFFICERS OF COURT, punishment for, 0. 53. 
 
 MISDEMEANOURS, triable on indictment in England, are crimes under 
 Order, 0. 45. 
 
 MISTAKE may be met by amendment, 0. 35. 
 MODIFIED COLONIAL LAWS may be applied, 0. 15. 
 
 MONEY, 
 
 to be calculated and paid in English money, O. 111. 
 
 to be calculated and paid, with consent of Court, in equivalent to 
 
 English money, in local currency, produce, or approved bills of 
 
 exchange, O. 111. 
 
 ordered to be paid, must be paid into Court, "R. 27 (1). 
 ordered to be paid, Court may direct to whom to be paid, R. 27 (1). 
 to be paid out to person entitled, R. 27 (2). 
 payment of, in criminal proceedings, R. 77. (See Payment of 
 
 Money.} 
 
 MONTH, meaning of, O. 3. 
 
 MOROCCO excluded from local jurisdiction, 0. 6. 
 
 MORTGAGES made as security in regard to crimes, void, 0. 32. 
 
 MURDER, 0. 78. 
 
 in cases of, bail not to be granted, 0. 60. 
 accessories to, powers of Court regarding, O. 78. 
 
 N. 
 
 NATAL, a colony, persons may be removed to, for trial or execution of 
 sentence, O. 72A. 
 
 NATIVES OF AFRICA, 
 meaning of, O. 3. 
 natives not British subjects, 0. 3. 
 when foreigners, O. 3. 
 within limits of Order, 0. 3. 
 
 crimes against, cognizable under Order, with consent, 0. 17. 
 of British protectorates outside local jurisdiction, when within, to 
 be deemed British protected persons, O. 3 2.
 
 GENERAL ANALYTICAL INDEX. 67 
 
 NEW TRIAL, when assessors prevented serving, E. 5 (7). 
 
 NIGER DISTRICTS, 
 
 local jurisdictions constituted or altered for, O. 7. 
 local jurisdictions for any part of, O. 7. 
 
 NIGHT TIME, search warrants not to be executed in, E. 79 (7). 
 
 NOTES, 
 
 of evidence at trial to be preserved, O. 28. 
 
 all oral evidence, notes to be taken of, E. 3 (3). 
 
 NOTICE OF ACTION, 
 
 necessary by intending plaintiff for anything done or omitted 
 
 under Order, O. 107. 
 
 notices issued from Court to be sealed, E. 6. 
 of appeal, E. 43. (See Appeal.} 
 
 of set-off or counterclaim, to be given Court, E. 18 (2). 
 of set-off or counterclaim, to be served on plaintiff four days 
 
 before hearing, E. 18 (2). 
 
 0. 
 
 OATH, 
 
 meaning of, O. 3. 
 
 form of, E. 2 (1). 
 
 Court may permit declaration instead of, E. 2 (2). 
 
 Eegistrar to administer, 0. 29. 
 
 examination of witnesses on, 0. 86. 
 
 OBSTRUCTING, 
 
 officers executing process, offences against Order, 0. 51. 
 proceedings of Court, persons may be removed for, O. 51. 
 
 OFFENCE, 
 
 included in crime, 0. 3. 
 
 jurisdiction over, O. 12, 13. 
 
 what acts to be deemed, 0. 14. 
 
 against foreigners, punishment of, 0. 17. 
 
 OFFENCES, 
 
 against order, are crimes under Order, 0. 45, 46. 
 
 list of, 0. 48. 
 
 what to be tried by assessors, 0. 63, 64. 
 
 against natives, punishment of, 0. 17. 
 
 punishment of, when no penalty specified, 0. 56. 
 
 attempted, but not completed, O. 68. 
 
 incitement to commit, 0. 71. 
 
 power to try British subjects for, 0. 57. 
 
 OFFICER OF COURT, 
 
 assault on, bail discretionary, 0. 60. 
 neglect of duty by, bail discretionary, 0. 60. 
 powers of Consul-General, judge, &c., over, 0. 112. 
 
 F 2
 
 68 GENERAL ANALYTICAL INDEX. 
 
 OFFICERS TO COURTS, 
 
 mode of appointment, 0. 1 9. 
 duties of, O. 19. 
 remuneration of, O. 19. 
 removal of, O. 19. 
 number and description of, 0. 19. 
 
 of Court, grant of letters of administration to, in apparent in- 
 testacies, O. 43. 
 
 administering, to act under direction of Court, O. 43. 
 administering, commission on gross value chargeable, 0. 43. 
 administering, commission and expenses, first charge on property, 
 
 O. 43. 
 
 obstruction of, &c., O. 51. 
 misconduct of, O. 53. 
 misconduct of, question of bail, 0. 60. 
 
 OFFICIAL, 0. 105107. 
 
 OMISSIONS may be met by amendment, 0. 35. 
 
 OPERATION OF JUDGMENTS AND ORDERS, E. 26. (See Judgments.} 
 
 ORAL EVIDENCE, E. 3. 
 
 applications may be, E. 48 (1). 
 
 ORANGE FREE STATE, excluded from local jurisdictions, O. 6. 
 
 ORDER, E. 25. (See Judgments and Orders.} 
 issued from Court to be sealed, E. 6. 
 person prosecuting may apply for warrant for arrest of party 
 
 disobeying, E. 39 (1). 
 party disobeying, Court may issue warrant to detain disobedient 
 
 person in custody, E. 39 (2). 
 person arrested for disobedience to, may be detained until order 
 
 complied with, or security given, E. 39 (3). 
 person arrested for disobedience to, may be imprisoned or fined, if 
 
 order no longer possible to be obeyed, E. 39 (3). 
 for trial after preliminary examination, E. 60. 
 for removal for trial, E. 61. (See Removal for Trial.} 
 for appointment of prisons, O. 73. 
 
 for security for good behaviour to be entered on minutes on con- 
 viction, E. 69. 
 for deportation or payment of damages on conviction, to be entered 
 
 on minutes, E. 69. 
 of dismissal of charge, effect of, E. 70 (3). (See Dismissal of 
 
 Charge.} 
 
 operations of, E. 26. (See Operations of Judgments.} 
 payment of money under, E. 27. (See Judgment.} 
 orders before action, E. 41. (See Injunctions.} 
 service of, E. 14. (See Service.} 
 execution of, Er. 28 32. (See Execution.} 
 
 of arrest issued in British dominions, Court may back, O. 77. 
 stay of, in cross suits (foreigners), 0. 99. 
 for deportation, O. 102. 
 
 public, acts endangering. (See Peace, Breach of.) 
 maintenance of, regulations for, O. 99.
 
 GENERAL ANALYTICAL INDEX. 69 
 
 ORDERS IN COUNCIL, 
 
 not to abridge or affect powers otherwise derived, 0. 18. 
 
 other, application of, O. 110. 
 
 commencement of, 0. 113 115. 
 
 publication of, 0. 115. 
 
 repeal of West Africa Order of 1885, 0. 113. 
 
 proof of publication, 0. 115. 
 
 copy to be exhibited in each Consular Court, O. 116. 
 
 printed copies to be supplied and sold at reasonable prices, O. 116. 
 
 officers appointed to give necessary directions thereunder, O. 116. 
 
 West Africa, 1872 and 1885, 0. 49, 99, 113. 
 
 Madagascar, 1869, O. 113. 
 
 ORDINANCES IN AFRICAN POSSESSIONS, power of Secretary of State to 
 declare them to be administered, 0. 15. 
 
 P. 
 
 PARDON, nothing in Order to affect Her Majesty's prerogative of, 
 0. 81. 
 
 PARTICULARS OF CLAIM, to be contained in summons, R. 9 (3). 
 
 PARTIES, 
 
 change of, by death or otherwise, R. 19. 
 
 on change of, order may be obtained for curing defects, R. 19 (1). 
 
 change of, parties served with order may apply to discharge 
 
 same, R. 19 (2). 
 parties, R. 12. 
 
 persons may be joined as plaintiffs, R. 12. 
 jointly, severally, or in the alternative, R. 12 (1). 
 may be joined as defendants jointly, &c., &c., R. 12 (2). 
 Court may strike out, improperly or unnecessarily joined, R. 12(3). 
 Court may add parties essential to a just decision, R. 12 (3). 
 failing to proceed with action, Court may dismiss, R. 16. 
 absence of, at hearing, R. 21. (See Plaintiff; Defendant.} 
 to treaties, kings and chiefs in local jurisdictions, definition of 
 treaty, O. 3 3. 
 
 PATENTS, DESIGNS, AND TRADE MARKS ACTS, 1883 1888, offences 
 against, offences under Order, when, O. 55. 
 
 PAYMENT INTO COURT, 
 
 of all moneys ordered by any judgment or order, R. 27 (1). 
 
 of money under judgments or orders, may be made as Court 
 
 directs, R. 27 (1). 
 
 into Court in satisfaction of plaintiff's claim, R. 17 (1). 
 where action for debt or damages, by way of satisfaction or 
 
 amends, R. 17 (1). 
 to be to proper officer, R. 17 (2). 
 officer to give receipt for, R. 17 (2). 
 defendant to give plaintiff notice of, R. 17 (3). 
 money to be paid out to plaintiff, or to his authorized solicitor, 
 
 R. 17 (4).
 
 70 GENE&AL ANALYTICAL INDEX. 
 
 PAYMENT INTO COURT continued. 
 
 plaintiff may accept sum in satisfaction of causes for which paid 
 
 in, E. 17 (5). 
 plaintiff to give defendant notice if he accepts same in satisfaction, 
 
 E. 17 (5). 
 Court to make order as shall be just in the action, E. 17 (5). 
 
 PAYMENT OF MONEY, 
 
 ordered as a fine, damages or costs in criminal proceedings to be 
 
 enforced as a judgment, E. 77 (1). 
 if, after execution by seizure, order not satisfied, Court may commit 
 
 person, E. 77 (2). 
 
 term for which person may be committed, E. 77 (2). 
 prisoner entitled to be discharged on payment of amount ordered 
 
 and expenses, E. 77 (3). 
 
 PAYMENT OUT OF COURT, 
 to plaintiff, E. 17 (4). 
 
 to plaintiff's solicitor on authority, E. 17 (4). 
 to person entitled, E. 27 (2). 
 
 PEACE, 
 
 breach of the, apprehended, 0. 52, 102. 
 maintenance of, regulations for, O. 99. 
 endangered by offences against religion, 0. 49. 
 
 PENAL SERVITUDE, 0. 45, 61. 
 
 PENALTY, 
 
 for neglect to deposit will, 0. 39. 
 
 for neglect to obtain administration, 0. 41. 
 
 for failure to register, O. 104. 
 
 for obstruction, disturbance, and contempt of Court, 0. 51. 
 
 for acts endangering public order, 0. 52. 
 
 misconduct of officers of Court, O. 53. 
 
 for neglect to support wife and child, 0. 54. 
 
 how to be accounted for, 0. 108. 
 
 pecuniary, how enforced, 0. 32, 96. 
 
 for smuggling, 0. 50. 
 
 rules for imposing, may be framed, O. 95. (See Rules.} 
 
 punishment when penalty is not specified, O. 56. 
 
 for breach of rules, O. 97. 
 
 application of, 0. 108. 
 
 to be paid in English money, &c., 0. 111. 
 
 PENALTY AND PUNISHMENT, when none specified, what, 0. 56. 
 
 PENDING, 
 
 proceedings at commencement of Order, 0. 114. 
 appeals, how effected, 0. 114. 
 
 proceedings, Court may direct procedure and practice prescribed 
 by Order to be followed, O. 114. 
 
 PERJURY, 0. 87. 
 
 PERSON, corporations included in, 0. 3,
 
 GENERAL ANALYTICAL INDEX. 71 
 
 PIEACY by British subjects, 0. 47. 
 
 PLACE OF EXECUTION OF WARRANTS, &c., to be anywhere within limits 
 of Order, E. 80 (2). 
 
 PLACE OF TRIAL, 
 
 in criminal proceedings, E. 71. 
 
 public to have right of access to, E. 71. 
 
 PLACES, may be appointed for holding Courts, 0. 19. 
 
 PLAINTIFF, 
 
 out of district, to file in Court address for service within district, 
 
 E. 13 (1). 
 out of district, to give security for costs by deposits or bond, 
 
 E. 13 (2). 
 who has left or about to leave district, to give security or stay of 
 
 proceedings, E. 13 (3). 
 
 not appearing, Court may strike out action, E. 21 (1). 
 not appearing, Court may order costs of any defendant appearing. 
 
 E. 21 (1). 
 not appearing a second time, Court may dismiss summons, 
 
 E. 21 (2). 
 not appearing, dismissal to have effect as judgment for defendant 
 
 on merits, E. 21 (2). 
 
 appearing after proof of service, Court may hear action in defen- 
 dant's absence, E. 21 (4), (5). 
 
 PLAINTIFFS, 
 
 joinder of persons as, E. 12 (1), (3). 
 
 persons improperly joined as, may be struck out, E. 12 (3). 
 
 PLURAL includes singular, 0. 3. 
 
 POSSESSIONS, BRITISH, Secretary of State may fix place for deportation 
 to, 0. 102. 
 
 POWERS, 
 
 under statutes, orders, colonial laws or treaties, to exist con- 
 currently, 0. 18. 
 
 of amendment of proceedings, O. 35. 
 conferred by the Order, to include those conferred by Foreign 
 
 Jurisdiction Acts, 0. 1 1 . 
 
 of Secretary of State. (See Secretary of State.} 
 of Order exerciseable only within local limits, 0. 4. 
 extend to British subjects and their property in local jurisdiction, 
 
 O. 10. 
 extend to British ships and boats, 0. 10. 
 
 persons and property on board British ships, O. 10. 
 foreigners who submit themselves, O. 10. 
 
 whose Government consents, 0. 10. 
 subjects of foreign, prosecuting proceedings relating to copyright 
 
 and trade marks, &c., consent of Court when necessary, 0. 55. 
 signatory to the Berlin Act, 1885, O. 2 1 (and preamble). 
 
 PRACTICE EULES, non-compliance with, may be excused, E. 48 (4).
 
 72 GENERAL ANALYTICAL INDEX. 
 
 PBELIMINABY EXAMINATION, 
 
 before committal of accused for trial in Colonial Courts, O. 57. 
 to inquire if attendance of witnesses at place of trial can be 
 
 secured, R. 57. 
 to determine if accused ought to be removed or tried in district, 
 
 R. 57. 
 
 to be conducted in presence of accused, R. 58 (1). 
 Consul to take down evidence of witnesses tendered, R. 58 (2). 
 evidence so taken to be called depositions, R. 58 (2). 
 form of depositions, R. 58 (2). 
 
 depositions to be read over and signed by witnesses, R. 58 (3). 
 after hearing evidence, if no reasonable ground for putting accused 
 
 on trial, Court may discharge him, R. 59. 
 if otherwise, Consul to make order for removal of accused under 
 
 Article 60 of Order, R. 60. 
 
 or in like case to make order for trial before proper Court, R. 60. 
 order made on, to be recorded on minutes, R. 60. 
 order made to state charge sustainable on the evidence, R. 60. 
 form of orders for trial, R. 60. 
 
 PBELIMINABY EXPENSES before trial and of imprisonment, Court can 
 order to be paid, 0. 66. 
 
 PBEEOGATIVE of pardon, 0. 81. 
 
 PBESCBIBED, 
 
 meaning of, 0. 3. 
 Courts, O. 21. 
 Consular District, O. 3. 
 
 PBOTCIPLES, 
 
 and substance of law in England, to be followed, O. 1 3. 
 to be observed in fixing costs, R. 24 (6). 
 
 PBINT, meaning of, O. 3. 
 
 PBINTED COPIES OF OBDEB to be provided and sold, 0. 116. 
 
 PBISONS, 
 
 when no suitable prison, removal of prisoner, O. 72. 
 
 Secretary of State may appoint places for, 0. 72. 
 
 Consular Courts may appoint any building or place a prison, 0. 73. 
 
 appointment of gaolers, &c., O. 73. 
 
 governance, visitation, &c., O. 99. 
 
 PBISONEB'S DEPOBTATION. (See Deportation.') 
 
 PBISONEB'S REMOVAL. (See Colonial Prisoners Removal and Depor- 
 tation.) 
 
 PBIVY COUNCIL, appeal to, 0. 82. 
 
 PBOBATE, 
 
 Courts of, O. 38. 
 
 when deceased had fixed abode in district, 0. 38. 
 
 grant not impeachable when no fixed abode in district, 0. 38. 
 
 may be dispensed with where estate under 100/., O. 44.
 
 GENERAL ANALYTICAL INDEX. 73 
 
 PROBATE continued. 
 
 deposit of testamentary papers, 0. 39. 
 
 property of intestate to vest in judge until administration, O. 40. 
 
 taking possession of property of deceased, 0. 42. 
 
 apparent intestacy, administration in, O. 43. 
 
 expenses, O. 43. 
 law in England to apply, 0. 38. 
 
 of wills of British subjects over all property in the district, 0. 38. 
 effectually to discharge persons dealing with an executor, 0. 38. 
 grant of probate or administration, defect in, 0. 38. 
 penalty for administering without probate, 0. 41. 
 power of Secretary of State, O. 44. 
 commission for administering, when chargeable, 0. 43. 
 
 PROCEDURE AND PRACTICE, Eules of, O. 95 98. (See Rules.} 
 power of Secretary of State to regulate, 0. 110. 
 
 PROCEEDINGS, 
 
 pending, O. 114. 
 
 not to be invalidated by failure to comply with provisions as to 
 
 publication, &c., O. 115. 
 file of, E. 7. 
 
 PROCESS, to compel appearance in criminal proceedings, to be by sum- 
 mons or warrant, E. 51. 
 
 PROCURING COMMITTAL OF CRIME, 
 how punishable, O. 11. 
 mode of trial, 0. 71. 
 
 PRODUCTION OF DOCUMENTS, . 
 as evidence, 0. 83. 
 
 may be ordered before foreign tribunal in district of Court, 0. 101. 
 affecting Her Majesty's service, 0. 90. 
 
 PROOF of publication not required, 0. 115. 
 
 PROPERTY, 
 
 of deceased not exceeding 1001., O. 44. 
 attachment of, 0. 96. 
 
 PROPERTY AND EIGHTS, 
 
 of British subjects affected by the Order, O. 10. 
 search warrant for, E. 79. (See Search Warrant.} 
 of British subjects, jurisdiction over, 0. 12. 
 of deceased British subjects, O. 36 44. 
 transfer of, O. 32. 
 
 PROSECUTIONS, 
 
 costs of, O. 32, 66. 
 
 malicious, &c., 0. 66. 
 
 persons punished, not liable to further, 0. 68 70. 
 
 PROTECTED BRITISH PERSON, 
 registration, O. 104. 
 
 to include natives of British protectorates outside local jurisdic- 
 tion when within, O. 3 2.
 
 74 GENERAL ANALYTICAL INDEX. 
 
 PROTECTION, person enjoying, included in "British subject," 0. 3. 
 
 PROTECTORATES, foreigners in, subjects of the signatory powers, juris- 
 diction over, O. 2 2. 
 
 PROTECTORATES (BRITISH), outside local jurisdictions, natives of, to be 
 deemed British protected persons when within, O. 3 2. 
 
 PUBLIC ORDER, apprehended grave danger to, power of Court relating 
 to, O. 52. 
 
 PUBLICATION, 
 
 of rules, to be made under Order, 0. 97. 
 
 of any kind, endangering public order, 0. 52. 
 
 of Acts relating to Copyright Designs and Trade Marks, O. 55. 
 
 Merchandise Marks Act, 1887, and the Patents, Designs and Trade 
 
 Marks Acts, 18831888, O. 55. 
 of order, 0. 115, 116. 
 
 PUNISHMENT, 
 
 of offences when no penalty is specified, O. 56. 
 of crimes to be according to the Order, 0. 12. 
 infliction of, laws of England to be followed in, O. 65. 
 expenses of. (See Expenses.} 
 
 Q. 
 
 QUEEN'S EEGULATIONS, 
 
 acting in contravention to, an offence against Order, 0. 49. 
 
 as to observance of treaties may be made, 0. 99. 
 
 as to observance of native or local laws and customs, may be made, 
 
 0. 99. 
 for the peace, order and good government of British subjects, 
 
 may be made, O. 99. 
 
 for requiring returns of exports and imports, 0. 99. 
 as to prisons, may be made, 0. 99. 
 when allowed by Secretary of State and published, to have effect, 
 
 0. 99. 
 
 made under the West Africa Order of 1872, how far in force, O. 99. 
 breach of an offence against the Order, 0. 99. 
 
 E. 
 
 REBELLION, 
 
 offence against Order, punishment for, 0. 48. 
 aiding and abetting, O. 48. 
 
 RECEIVING STOLEN PROPERTY, powers of Court, 0. 70. 
 
 RECOGNIZANCE, 
 
 for good behaviour, O. 102. 
 
 bail to be by, R. 56 (1). 
 
 for appearance of accused, sureties discretionary, R. 56 (2). 
 
 on completion of, accused to be discharged from custody, R. 56 (3). 
 
 forfeited, on failure of accused to appear, R. 56 (4).
 
 GENERAL ANALYTICAL INDEX. 75 
 
 RECONCILIATION, Courts may encourage, 0. 34. 
 
 RECORD, 
 
 Court of, every Consular Court to be, 0. 24. 
 transmission of, R. 45. (See Appeal.} 
 
 RECORDS, file of proceedings to be preserved among, R. 7 (3). 
 
 REGISTRAR, 
 
 to administer oaths, 0. 29. 
 
 judge shall act as, if no other officer appointed, 0. 30. 
 
 REGISTRATION, 0. 104. 
 
 necessary every January at Consular Court, 0. 104. 
 
 on arriving in Protectorate, mode of, 0. 104. 
 
 not required oftener than once a year, O. 104. 
 
 of a man, includes wife, 0. 104. 
 
 head of family comprises all females being relatives, O. 104. 
 
 Consul to give certificate, 0. 104. 
 
 name of wife to be indorsed on husband's certificate, 0. 104. 
 
 names of females to be indorsed on certificate of head of family, 
 
 0. 104. 
 
 fee to be paid, 2s. 6d., 0. 104. 
 fee may be uniform or varying up to 5s. if Secretary of State 
 
 directs, 0. 104. 
 
 persons to attend personally for purpose of, O. 104. 
 failure to comply, an offence against order, 0. 104. 
 failure to comply, penalty for, 0. 104. 
 failure to comply, Court may decline to recognize person as 
 
 British subject, 0. 104. 
 of foreigners subjects of Signatory Powers to Berlin Act, 1885, 
 
 not necessary, O. 2 2. 
 
 REGULATIONS. (See Rules, 0. 95 98 ; Queen's Regulations, 0. 99.) 
 acts declared punishable as offences against, crimes under Order, 
 
 0. 45. 
 
 acting in contravention to, offences against Order, 0. 49, 99. 
 judicial notice to be taken of, O. 88. 
 existing, revocation of, 0. 98, 99. 
 made under other Orders, O. 99. 
 power of Consul to make and alter, 0. 99. 
 for observance of treaties, 0. 99. 
 for maintenance of order, O. 99. 
 for requiring trade returns, 0. 99. 
 respecting prisons, 0. 99. 
 approval by Secretary of State, 0. 99, 115. 
 breach of, 0. 99. 
 
 RE-HEAR, Courts may re-hear civil cases, 0. 27. 
 
 RE-HEARING OF PARTIES in arbitration proceedings, only on ground 
 decree not in conformity with award, 0. 34. 
 
 RELIGION, offences against, 0. 49.
 
 76 GENERAL ANALYTICAL INDEX. 
 
 RELIGIOUS WORSHIP, persons endangering peace by disturbing, guilty 
 of an offence, O. 49. 
 
 REMANDS, 
 
 not to be for more than seven days, O. 59. 
 special, to be recorded on minutes, 0. 59. 
 
 in no case for more than fourteen days, unless illness of accused, 
 or other necessity, 0. 59. 
 
 REMISSION OF SENTENCES by Secretary of State, 0. 74. 
 
 REMOVAL, 
 
 for trial or execution of sentence, warrant to be issued, 0. 103. 
 pending, warrant to be indorsed and person arrested and detained, 
 
 0. 103. 
 on arrival at the place named, person to be handed to gaoler or 
 
 other officer, O, 103. 
 
 warrant for, sufficient for all persons acting under it, 0. 103. 
 warrant of, to be issued in duplicate, O. 103. 
 expenses of, how defrayed, O. 109. 
 
 REMOVAL AND DEPORTATION, 0. 102, 103. 
 
 REMOVAL FOR IMPRISONMENT, R. 75. (See Imprisonment on Con- 
 viction.} 
 warrant of, may be issued and executed on Sunday, R. 80 (1). 
 
 REMOVAL FOR TRIAL, 
 
 to Colonial Courts, in what cases, 0. 61. 
 
 when discretionary, 0. 62. 
 
 or for execution of sentence, to what Colonies, 0. 72 A. 
 
 to what possessions, considerations to be observed as to deter- 
 mining, O. 72A. 
 
 removal for trial, R. 61. 
 
 Consul to issue warrant for, R. 61 (1). 
 
 form of warrant, R. 61 (2). 
 
 warrant to be issued in duplicate, R. 61 (2). 
 
 pending execution of warrant, bail discretionary, R. 61 (3). 
 
 pending execution, warrant to be indorsed if accused remains in 
 custody, R. 61 (3). 
 
 Consul to transmit copy, depositions and order for, to Court that 
 is to try, R. 61 (4). 
 
 REPEALS, 0. 113. 
 
 not to affect past operations of former Orders, O. 113. 
 not to affect existing rights, &c., O. 113. 
 not to affect validity of any former Rules, 0. 113. 
 not to revive anything thereby repealed, O. 113. 
 
 RESTRICTIONS CONTAINED IN ORDER, powers and authorities under 
 Foreign Jurisdiction Acts to be subject to, 0. 11. 
 
 RETURNS OF TRADE, O. 99. 
 
 REVIEW OF JUDGMENTS AND ORDERS, 
 in civil cases, 0. 27. 
 of sentences. (See Sentences.}
 
 GENERAL ANALYTICAL INDEX. 77 
 
 REVIEW OF JUDGMENTS AND ORDERS continued. 
 of fines. (See Fines.} 
 
 REVOCATION of rules and regulations. (See Rules, $*c.) 
 
 RIOT, bail discretionary, 0. 60. 
 
 ROB, assault with intent to, 0. 69. 
 
 ROBBERY, powers of Court in cases of, 0. 69. 
 
 RULE OF COURT, agreement for arbitration may be made a, O. 34. 
 
 RULES, 
 
 to be framed without excessive regard to technicalities, 0. 95. 
 framed under Article 95, to be approved by Secretary of State, 
 
 0. 95. 
 
 framed in cases of urgency, how to have effect, 0. 95. 
 in Schedule to Order, may be used with modifications as required, 
 
 O. 95. 
 
 to be exhibited in each Court, O. 97. 
 printed copies to be sold at reasonable prices, 0. 97. 
 no penalty for breach to be enforced until rules exhibited one 
 
 month, O. 97. 
 
 evidence of framing, approval and publication, what, 0. 97. 
 made under other Orders, how affected by new rules, 0. 98, 99. 
 may be made as to granting and enforcing warrants, enforcing 
 
 awards, judgments, &c., 0. 96. 
 enforcing payment for damages, costs, &c., 0. 96. 
 garnishee and attachment proceedings, O. 96. 
 enforcement of attendances of witnesses, O. 96. 
 taking depositions, 0. 96. 
 appointing forms of indictment or charge in criminal proceedings, 
 
 O. 96. 
 
 for fixing fees, &c., O. 96. 
 
 for admission of barristers and solicitors, O. 25. 
 judicial notice to be taken of, O. 88. 
 violation of, 0. 49. 
 
 RULES OF PROCEDURE, 
 
 affecting conduct of civil suits, O. 95. 
 
 may be made as to appellate jurisdiction in local jurisdiction, 
 
 O. 112. 
 
 commencement of, O. 115. 
 Consular officer may frame, O. 95, 112 115. 
 Consular officer may frame rules as to execution of judgments, 
 
 O. 95. 
 
 rules as to appeals in civil and criminal cases, O. 95. 
 rules necessary for the exercise of the jurisdiction of Courts under 
 
 the Order, 0. 95. 
 
 to be approved by Secretary of State, 0. 95, 115. 
 breach of, O. 97. 
 existing, revocation of, O. 98. 
 
 S. 
 SAFE CUSTODY of accused pending review of sentence, O. 75.
 
 78 GENERAL ANALYTICAL INDEX. 
 
 SALE, 
 
 of copies of Eules and Order, O. 97, 116. 
 of lands, E. 32. (See Execution.} 
 
 SALE OF GOODS FORFEITED, E. 78. 
 
 Consul may issue warrant for, E. 78 (1). 
 
 form of warrant for, E. 78 (1). 
 
 warrant to authorize and direct sale by public auction, E. 78 (2). 
 
 proceeds of, to be paid into Court, E. 78 (3). 
 
 officer executing warrant may deduct expenses of sale, E. 78 (3). 
 
 SATISFACTION AND AMENDS, money may be paid into Court by way of, 
 E. 17. (See Payment into Court.') 
 
 SEAL, 
 
 each Court to have, O. 19. 
 
 of the Court substituted for any other seal mentioned in Imperial 
 
 Acts, &c., 0. 110. 
 of Court requisite on every summons, judgment, order, notice, &c., 
 
 issued, E. 6. 
 
 Consular, judicial notice to be taken of, 0. 88. 
 Consular, presumption of genuineness of, O. 89. 
 
 SEALING, E. 6. 
 
 SEAMEN'S WAGES, how recoverable, 0. 33. 
 
 SEARCH WARRANTS, 0. 96. 
 
 Eules as to granting and enforcing may be framed, 0. 96. 
 
 for property connected with crimes and offences, E. 79. 
 
 Consul may issue, on oath of credible witness where reasonable 
 
 suspicion exists, E. 79 (1). 
 on application for, information to be taken down in writing and 
 
 signed, E. 79 (2). 
 information to describe goods and premises and grounds of 
 
 suspicion, E. 79 (2). 
 
 officer executing, may be assisted by other persons, E. 79 (3). 
 only to apply to premises and goods named therein, E. 79 (4). 
 form of, E. 79 (4). 
 may direct officer to arrest occupier of premises if goods found 
 
 there, E. 79 (5). 
 officer executing, may break open doors if refused admittance, 
 
 E. 79 (6). 
 
 not to be executed in the night time, E. 79 (7). 
 Consul may order payment of damages to occupier if search 
 
 warrant applied for maliciously or without reasonable cause, 
 
 E. 79 (8). 
 
 may be issued and executed on Sunday, E. 80 (1). 
 may be executed anywhere in the limits of that Order, E. 80 (2). 
 every Consul to aid in execution of, E. 80 (2). 
 
 SEAS, HIGH. (See High Seas.) 
 
 SECRETARY OF STATE, 
 
 means one of Her Majesty's Principal Secretaries of State, O. 3, 
 may constitute or alter local jurisdictions, O. 5,
 
 GENEKAL ANALYTICAL INDEX. 79 
 
 SECRETARY OF STATE continued. 
 
 instructions, how published, O. 5. 
 
 power to assign designations to local jurisdictions, O. 8. 
 
 may declare Ordinances in British Possessions shall have effect in 
 
 Protectorate, 0. 15. 
 
 the like as regards Acts in force in British India, O. 2 3. 
 may appoint places for Courts, 0. 1 9. 
 may appoint officers for Courts, 0. 19. 
 
 to approve rules for admission of barristers and solicitors, 0. 25. 
 in probate cases, &c., O. 43. 
 may direct division of estates of deceased persons under 100/., 
 
 0. 44. 
 
 minutes of punishments for contempt of Court to be sent to, 0. 51. 
 to appoint prisons, and power over sentences, 0. 72. 
 may remit or commute sentences, O. 74. 
 to confirm sentences of death, 0. 74. 
 sentences of death, minutes of trial to be sent to, 0. 74. 
 may direct sentences to be reviewed by Court of Appeal, 0. 74. 
 may direct stay of execution pending review by Court of Appeal, 
 
 O. 74. 
 
 rules framed by consular officers to have approval of, 0. 95, 115. 
 may direct to what possession person deported to be removed to, 
 
 O. 102. 
 
 report of deportations to be made to, 0. 102. 
 may remit orders for deportation, 0. 102. 
 may consent to return of person deported, 0. 102. 
 may order security for good behaviour on return of person 
 
 deported, 0. 102. 
 
 may fix fee for registration of British subjects, 0. 104. 
 may direct how fees, fines, penalties, &c., shall be accounted for, 
 
 0. 108. 
 may direct how expenses of removal and deportation shall be 
 
 defrayed, O. 109. 
 
 decision of, as to application of Imperial Acts, &c., 0. 110. 
 may designate what officer to perform acts referred to in Imperial 
 
 Acts, O. 110. 
 
 power of, in cases of original jurisdiction, 0, 112. 
 rules framed and approved by, time of commencement of, 0. 115. 
 may issue directions as to sale and price of copies of Order, 
 
 0. 116. 
 
 may order inspection of file of proceedings, R. 7 (4). 
 power to authorize appointment of District Courts, O. 19. 
 power to appoint judges, judicial officers, and commissioners, 
 
 0. 19. 
 power over officers of the Courts, 0. 19. 
 
 SECURITY, 
 
 for good behaviour, order for, on conviction, to be entered on 
 
 minutes, R. 69. 
 
 on appeal, R. 43 (2). (See Appeals.} 
 
 on stay of execution pending appeal, R. 46. (See Appeal.} 
 for appearance before Court having jurisdiction, O. 26. 
 against crimes committed, bills of sale, mortgages, &c., not to 
 
 avail, O. 32.
 
 80 GENERAL ANALYTICAL INDEX. 
 
 SECUEIT Y con tinned. 
 
 pending review by Court of Appeal, 0. 75. 
 
 by way of bail pending review of sentence, O. 75. 
 
 for surrender of offender in proper district, O. 76. 
 
 for costs by foreigner, may be ordered, 0. 100. 
 
 for costs by plaintiff out of district or only temporarily therein, 
 
 E. 13 (2). 
 for costs by plaintiff who has left or is about to leave district, 
 
 E. 13 (3). 
 for future good behaviour, 0. 102. 
 
 SEIZURE AND SALE, E. 30. (See Execution.} 
 of ships, goods, and lands, 0. 31. 
 of ships for seamen's wages, O. 33. 
 
 SENTENCES, 
 
 of imprisonment, where to be carried into effect, 0. 72. 
 removal of prisoner to African possessions, when, O. 72. 
 of death, to be carried out in one of the African possessions, O. 72. 
 not to be carried out without confirmation of Secretary of State, 
 
 O. 74. 
 of death and imprisonment, provisions of Foreign Jurisdiction Act 
 
 to be observed, O. 72. 
 
 of imprisonment, power of Secretary of State, 0. 72. 
 may be remitted or commuted by Secretary of State, O. 74. 
 of death, minutes of trial to be sent to Secretary of State, O. 74. 
 may be reviewed by Court of Appeal by direction of Secretary of 
 
 State, 0. 74. 
 for crimes on high seas or under Admiralty jurisdiction, to be as 
 
 in England, 0. 78. 
 suspension of execution of, 0. 75. 
 of deportation, remission, 0. 102. 
 
 SEQUESTRATION, E. 40. 
 
 party prosecuting order against whom warrant of arrest issued 
 and cannot be found, may apply for warrant of, E. 40 (1). 
 
 the like where party taken and detained in custody without 
 obeying order, E. 40 (1). 
 
 warrant of, to direct sequestrators to seize all real and personal 
 estate within district and receive rents and profits until contempt 
 cleared, E. 40 (2). 
 
 Court may order payment of charges and remuneration to seques- 
 trators out of proceeds, E. 40 (3). 
 
 form of warrant, E. 40 (2). 
 
 SERVICE, E. 14. 
 
 to be effected by an officer and to be personal, E. 14 (1). 
 
 personal, how effected, E. 14 (2). 
 
 to be by leaving copy and producing original, E. 14 (2). 
 
 not to be made on Sunday without leave, E. 14 (3). 
 
 not to be before 6 A.M. or after 6 P.M., E. 14 (3). 
 
 otherwise than by officers, Court may direct, E. 14 (1). 
 
 of notice of appeal, E. 44. (See Appeal.} 
 
 of summons, to be at least seven days before hearing, E. 15 (1). 
 
 of summons, date and place to be indorsed on original, E. 15 (2).
 
 GENERAL ANALYTICAL INDEX. 81 
 
 SET-OFF AND COUNTER-CLAIM, R. 18. 
 
 defendant may set-off any right or claim, R. 18 (1). 
 notice of, to be given to Court in writing, R. 18 (2). 
 notice of, to be served on plaintiff four days before hearing, 
 
 R. 18 (2). 
 Court may refuse defendant permission to avail himself of, 
 
 R. 18 (3). 
 
 SET-OFF in suits by foreigners, 0. 100. 
 SHIPS. (See Vessels.} 
 
 SHIPS, SEIZURE AND SALE OF, 
 
 to enforce judgments, O. 31. 
 
 for compelling payment of seamen's wages, 0. 33. 
 
 ships forfeited, R. 78. (See Sale of Goods Forfeited.} 
 
 SIERRA LEONE, 
 
 a colony to which persons may be removed for trial or execution 
 
 of sentence, 0. 72A. 
 crimes committed in adjacent territories, 0. 18. 
 
 SIGNATORY POWERS, subjects of, are foreigners to whom Order applies, 
 O. 2 1. 
 
 SIGNATURES, 
 
 consular, judicial notice to be taken of, 0. 88. 
 presumption as to genuineness of, 0. 89. 
 
 SINGULAR includes plural, 0. 3. 
 
 SLAVE TRADE ACTS, O. 3, 18. 
 
 SMALL ESTATES, proceedings when property under 100A, 0. 44. 
 
 SMUGGLED GOODS, sale of, R. 78. (See Sale of Goods.} 
 
 SMUGGLING, O. 50. 
 
 with intent to evade duties payable to native chiefs, an offence 
 
 against Order, O. 50. 
 punishment for, O. 50. 
 
 SOLE ASSESSOR prevented from attending, proceedings to be stayed, 
 R. 5 (7). 
 
 SOLICITORS, admission of, 0. 25. 
 
 SOUTH AFRICAN REPUBLIC, excluded from local jurisdictions, 0. 6. 
 
 SPECIAL POWERS OF COURT in Bankruptcy, Probate, &c., 0. 36. 
 
 STATUTES, 
 
 1821. 1 & 2 Geo. IV. c. 28 (West African Settlements), O. 18. 
 
 1825. 6 Geo. IV. c. 87 (Consular Act), O. 96. 
 
 1843. 6 & 7 Viet. c. 94 (Foreign Jurisdiction Transportation), 
 
 0. 61, 72. 
 
 1849. 12 & 13 Viet. c. 96 (Admiralty Offences, Colonies), O. 78. 
 
 1851. 14 & 15 Viet. c. 99 (Law of Evidence Amendment;, 0. 91. 
 
 1856. 19 & 20 Viet. c. 113 (Evidence), O. 91. 
 
 N. G
 
 82 GENERAL ANALYTICAL INDEX. 
 
 STATUTES continued. 
 
 1859. 22 V. c. 20 (Evidence), O. 91. 
 
 1859. 22 & 23 Viet. c. 63 (Law), O. 91. 
 
 1860. 23 & 24 Viet. c. 122 (Admiralty Offences, Colonies), O. 78. 
 
 1861. 24 & 25 Viet. c. 11 (Foreign Law), O. 91. 
 
 1861. 24 & 25 Viet. c. 31 (West African Settlements), 0. 18. 
 1863. 26 & 27 Viet. c. 35 (South Africa), 0. 18. 
 1867. 30 & 31 Viet. c. 124 (Merchant Shipping), 0. 78. 
 1871. 34 & 35 Viet. c. 8 (West African Settlements), 0. 18. 
 1873. 36 & 37 Viet. c. 59 (Slave Trade), O. 18. 
 1876. 39 & 40 Viet. c. 46 (Foreign Jurisdiction Slave Trade, 
 India), O. 3. 
 
 1878. 41 & 42 Viet. c. 67 (Foreign Jurisdiction), O. 78. 
 
 1879. 42 & 43 Viet. c. 38 (Slave Trade, East Africa), 0. 18. 
 1881. 44 & 45 Viet. c. 69 (Fugitive Offenders), O. 79. 
 1884. 47 & 48 Viet. c. 31 (Colonial Prisoners), O. 80. 
 1884-85. 48 & 49 Viet. c. 74 (Evidence), 0. 91. 
 
 STAY, 
 
 of proceedings where assessors prevented continuing to serve, 
 
 E. 5 (7). 
 
 of proceedings pending security for costs, R. 13 (3). 
 of execution on appeal, R. 46. (See Appeal.} 
 
 STEALING, 0. 69, 70. 
 
 STOLEN PROPERTY, powers of Court, 0. 70. 
 
 STRIKING out names of parties improperly joined in actions, R. 12 (3). 
 
 SUBMISSION TO ARBITRATION, O. 34. 
 
 SUCCESSFUL PARTIES, costs of, R. 24 (2). (See Costs.} 
 
 SUFFERANCE, power and jurisdiction by, 0. Preamble. 
 
 Suns, 
 
 facilitating settlement of, 0. 34. 
 
 rules of procedure, O. 95. 
 
 by or against foreigners. (See Foreigners.) 
 
 for things done or omitted under this Order, 0. 114. 
 
 which may be heard with or without Assessors. (See Assessors.) 
 
 SUMMARY, 
 
 inquiries into charges of extortion and misconduct by officers, O. 53. 
 orders for support of wife, and children under sixteen, 0. 54. 
 
 SUMMONED, 
 
 assessors to be, according to their place on list, R. 5 (3). 
 
 SUMMONS, 
 
 issued from Court, to be sealed, R. 6. 
 service of, R. 14. (See Service.) 
 
 service of, to be at least seven days before hearing, R. 15 (1). 
 date and place of service to be indorsed on original, R. 15 (2). 
 to be sealed, R. 9 (3). 
 in civil actions, form of, R. 9 (3). 
 
 in civil action, to contain particulars of claim and notice of time 
 and place of trial, R. 9 (3).
 
 GENEKAL ANALYTICAL INDEX. 83 
 
 SUMMONS continued. 
 
 persons charged on, to be brought up within forty-eight hours 
 
 after service, 0. 58. 
 to assessors, how served, E. 5 (4). 
 to assessors, form of, E. 5 (4). 
 of witnesses, civil and criminal cases, 0. 83. 
 of witnesses, criminal cases, 0. 84. 
 of witnesses, failure to obey, 0. 84. 
 
 issue of warrant, 0. 84. 
 
 SUMMONS IN CRIMINAL PROCEEDINGS, E. 52. 
 
 charge need not be sworn to unless Consul requires, E. 52 (1). 
 
 form of, E. 52 (2). 
 
 to state substance of charge, &c., E. 52 (2). 
 
 to be served by officers of Court, E. 52 (3). 
 
 may be executed anywhere in limit of that Order, E. 80 (2). 
 
 of witnesses in cases of misconduct of officers of Court, 0. 53. 
 
 SUNDAY, 
 
 warrants may be issued and executed on, E. 80 (1). 
 Sundays in computation of time, E. 47. (See Time.} 
 
 SUPERIOR COURTS. (See Courts.} 
 
 SUPERSTITIOUS CEREMONIES, disturbing, offence against Order, 0. 49. 
 
 STTPPLEMENTAL, 0. 110 112. 
 
 SUPPORT of wife and child, O. 54. 
 
 SUPREME COURTS. (See Courts.} 
 
 SURETIES for appearance of accused, discretionary on allowing bail, 
 E. 56 (2). 
 
 T. 
 
 TECHNICAL OR FORMAL ERRORS, 
 
 not to invalidate actions, E. 48 (3). 
 Court may correct, E. 48 (4). 
 
 TECHNICALITIES, framing of rules as to, O. 95. 
 
 TENDER of amends may be made in respect of any act or omission 
 under Order, 0. 107. 
 
 TERMS, interpretation, 0. 3, 19, 0? 1, O. 3 3. 
 TERRITORIAL WATERS, within limits of Order, 0. 4. 
 
 TESTAMENTARY WRITINGS, 
 
 to be deposited in Court after knowledge of death, O. 39. 
 penalty for neglect to deposit, 0. 39. 
 
 THEFT, 0. 69, 70. 
 
 o2
 
 84 GENERAL ANALYTICAL INDEX. 
 
 TIME, 
 
 and place of execution of summonses, warrants and orders, E. 80. 
 
 of appeal, E. 42. (See Appeals.} 
 
 to be reckoned exclusively of first, and inclusively of last day, 
 
 E. 47 (1). 
 
 when clear days mentioned, how reckoned, E. 47 (1). 
 Sundays not to be reckoned where prescribed days less than six, 
 
 E. 47 (2). 
 when, expires on Sunday, following day allowed in computation, 
 
 E. 47 (3). 
 
 TITLES, definition, O. 3 19. 
 
 TRADE MARKS ACTS, offences against, offences under Order, when, 
 0. 55. 
 
 TREASON, 0. 45. 
 
 TREASURY, 
 
 fees to be sanctioned by, 0. 96, 108* 
 
 concurrence of, as to application of fees and defrayal of expenses 
 
 of removal and deportation, O. 102, 108, 109. 
 fines, forfeitures, penalties, &c., O. 108. 
 directions as to sale, &c., of Order, O. 116. 
 
 TREATY 
 
 defined, 0. 3, O. 3 3. 
 
 power and jurisdiction by, 0. Preamble. 
 
 provisions of, to be observed where inconsistent with English law, 
 O. 16. 
 
 includes convention, agreement, arrangement, O. 3, O. 3 3. 
 
 acting in contravention to, an offence, O. 49. 
 
 International Association of the Congo, O. 7. 
 
 how, not affected by this Order, 0. 18. 
 
 violation of, O. 49. 
 
 Queen's Eegulations for securing observance may be made, 0. 99. 
 
 international agreement, to which kings, chiefs, &c., in local juris- 
 diction are not parties, included in treaty, O. 3 3. 
 
 TRIAL, 
 
 of British subjects, 0. 57. 
 
 place of, in criminal proceedings, E. 71. 
 
 to be in open Court, with right of access to public, E. 7 1 . 
 
 with assessors, O. 92, 93, 94. 
 
 with assessors, new, when first assessors prevented from serving, 
 
 E. 5 (7). 
 
 time and place to be entered on summons, E. 9 (3). 
 committal for, to Colonial Courts, O. 57. 
 to take place within reasonable time, O. 58. 
 within district, when witnesses' attendances cannot be secured in 
 
 colonies, 0. 61. 
 
 within district, when discretionary, 0. 62. 
 with assessors, when compulsory, 0. 63. 
 when accused consents to be tried without assessors, O. 63. 
 evidence of witnesses before trial may be taken when witness 
 
 about to leave district, E. 20 (1). (See Depositions before trial.}
 
 GENERAL ANALYTICAL INDEX. 85 
 
 TRIAL continued. 
 
 the like, when witness ill or infirm, ~R. 20 (1). 
 
 order for, after preliminary examination, E. 60. (See Preliminary 
 
 Examination . ) 
 
 order for removal for, E. 61. (See Removal.} 
 order for, before Court, E. 62. 
 notice to prosecutor of time and place for, E. 65. 
 form of notice of, E. 65. 
 
 in absence of prosecutor, Court may dismiss charge, E. 66 (1). 
 in criminal proceedings, E. 67. (See Hearing.) 
 place of, to be an open Court, E. 71. 
 removal for, O. 61, 62, 103. 
 expenses of. (See Expenses.) 
 
 of accused, who escapes from one district to another, 0. 76. 
 of accused before Court of district, E. 62. 
 Consul to make note on minutes of reasons for not removing, 
 
 E. 62 (1). 
 
 Consul may bind prosecutor and witnesses to appear, E. 62 (2). 
 form of recognizance for binding witnesses, E. 62 (2). 
 on refusal of prosecutor or witnesses to enter into recognizance, 
 
 Court may order either to be kept in custody, E. 62 (3). 
 form of warrant to be issued in such cases, E. 62 (3). 
 pending trial, accused may be admitted to bail or kept in custody, 
 
 E, 62 (4). 
 
 form of warrant in latter case, E. 62 (4). 
 accused person entitled to copy of the charge, E. 62 (5). 
 accused entitled to copy of depositions on payment, E. 62 (5). 
 Consul may dispense with payment if he thinks fit, E. 62 (5). 
 Consul to inform accused on committing for trial that he can have 
 
 copy charge and depositions, E. 62 (5). 
 date of, to be named in order, and prisoner informed at the time 
 
 thereof, E. 62 (6). 
 date of trial not to be more than fourteen days after preliminary 
 
 examination, E. 62 (6). 
 public not to have right of access at preliminary examination, 
 
 E. 63. 
 notice to be given by Court to prosecutor of time and place for, 
 
 E. 65. 
 in absence of prosecutor, charge to be dismissed, unless reasons for 
 
 adjournment recorded, E. 66 (1). 
 form of dismissal, E, 66 (1). 
 
 no charge can be heard in absence of accused, E. 66 (2). 
 substance of charge to be stated, and accused asked if he admits 
 
 or denies the truth thereof, E. 67 (1). 
 Court may convict if accused admits truth of the charge, 
 
 E. 67 (2). 
 
 if truth of charge denied, the Court to hear evidence, E. 67 (3). 
 if accused asserts previous conviction or acquittal, Court to inquire 
 
 into same before hearing evidence, E. 67 (4). 
 if accused appears of unsound mind, Court may make order for 
 
 his safe keeping, E. 67 (5). 
 after hearing evidence, Court to consider whole matter and convict, 
 
 or dismiss charge, E. 68.
 
 86 GENERAL ANALYTICAL INDEX. 
 
 TRIBUNALS, foreign or native, attendance of British subjects before, 
 0. 101. (See Courts.) 
 
 Tinas, excluded from local jurisdictions, 0. 6. 
 
 U. 
 
 UNSUCCESSFUL PARTIES, R. 24 (2). (See Costs.) 
 
 URGENT NECESSITY, in case of, Court may continue trial in absence of 
 assessors, R. 5 (7). 
 
 V. 
 
 VESSELS, 
 
 power to seize and sell, 0. 33. 
 Admiralty jurisdiction concerning, 0. 37. 
 forfeiture of, for smuggling, 0. 50. 
 crimes on board, 0. 78. 
 foreign, crimes on board, 0. 78. 
 
 VEXATIOUS PROSECUTIONS, 
 
 Court may deal with expenses of, 0. 66. 
 mode of recovery of expenses, O. 66. 
 
 VICE-ADMIRALTY, 
 
 jurisdiction, O. 37. 
 Courts, every Court to be, O. 37. 
 
 jurisdiction in Colonial Courts, Courts to have same jurisdiction 
 as, 0. 37. 
 
 VICE- CONSUL, O. 3. 
 
 may hold and form a Consular Court, O. 19. 
 
 W. 
 
 WAGES. (See Seaman's Wages.} 
 
 WAR, levying, an offence against the Order, punishment for, O. 48. 
 
 WARRANT, 
 
 apprehension of person committing contempt of Court, &c., with 
 
 or without, 0. 51. 
 for appointment of prisons, O. 73. 
 persons charged on, to be brought up within forty-eight hours 
 
 after its execution, O. 58. 
 to convey escaped offender to proper district, 0. 76. 
 
 WARRANT FOR ARREST, 
 
 of persons disobeying orders, R. 39 (1). (See Arrest.) 
 form of warrant, R. 39 (2). 
 
 of sequestration after arrest for disobedience to orders, R. 40 (1). 
 (See Sequestration.}
 
 GENERAL ANALYTICAL INDEX. 87 
 
 WARRANT or ARREST, 
 
 in criminal proceedings, B. 53. 
 
 not to be issued unless charge sworn to, B. 53 (1). 
 
 may be issued if summons appears ineffective, B. 53. 
 
 may be issued if accused fail to appear on summons and proof of 
 
 service, E. 53 (3). 
 form of, B. 53 (4). 
 
 to state substance of charge, B. 53 (4). 
 return of, B. 53 (4). 
 
 to remain in force until executed, B. 53 (4). 
 arrested persons to be brought up within forty-eight hours, or 
 
 reasons for delay to be recorded, B. 55 (1) (2). 
 search, enforcement of, 0. 96. 
 
 WARRANTS, 
 
 issued under Her Majesty's authority out of local jurisdiction may 
 
 be backed, and offenders arrested under, 0. 77. 
 to compel attendance of witness, 0. 84. 
 rules as to granting and enforcing may be made, O. 96. 
 of deportation, 0. 102, 103. 
 
 arrest of offender by indorsement, and detention 
 
 pending removal, 0. 103. 
 of removal, O. 103. 
 to be in duplicate, O. 103. 
 may be issued and executed on Sunday, B. 80. 
 may be executed anywhere in limits of Order, B. 80. 
 
 WEST AFRICA, 
 
 Orders of 1872, breach of regulations under, an offence, 0. 49. 
 Queen's Begulations under, how far in force, 0. 99. 
 Order of 1885 repealed, O. 113. 
 
 WIFE, summary order for support of, O. 54. 
 
 WILL, 
 
 of deceased British subject, O. 39. 
 
 person having in his control, to deposit in Court, O. 39. 
 
 penalty for neglect to deposit, 0. 39. 
 
 WITNESSES, 
 
 expenses of, O. 32, 85. 
 
 rules as to compelling attendance of, may be made, O. 96. 
 
 attendance before foreign tribunals may be ordered, O. 101. 
 
 in cases of misconduct of officers of Court, 0. 53. 
 
 in cases of removal for trial, O. 61, 62. 
 
 attendance of, before Colonial or English Court, 0. 61, 62, 96. 
 
 summoning of, 0. 83, 84, 96. 
 
 failure to attend, O. 83, 84, 96. 
 
 attendance cannot be ordered out of district of Court, O. 101. 
 
 failure to attend before foreign tribunal, O. 101. 
 
 British subject present in Court may be required to give evidence, 
 
 B. 1. 
 
 form of oath for, B. 2. 
 depositions to be preserved, 0. 28. 
 expenses, payment of, O. 32, 85.
 
 88 GENERAL ANALYTICAL INDEX. 
 
 WITNESSES continued. 
 
 attendance not securable, trial may be in district, O. 61, 62. 
 
 on what ceremony oath to be administered to, 0. 86. 
 
 false evidence by, perjury, O. 87. 
 
 about to leave district, may be examined before trial, E. 20. (See 
 
 Depositions before Trial.) 
 
 the like, when ill or infirm, E. 21. (See Depositions before Trial.) 
 punishment of, O. 83, 101. 
 examination on oath, O. 86. 
 perjury by, 0. 87. 
 not compelled to give evidence affecting Her Majesty's service, 
 
 O. 90. 
 
 WHITING, meaning of, 0. 3. 
 
 Z. 
 
 ZANZIBAR, 
 
 excluded from local jurisdictions, O. 6. 
 
 Consul-General, powers and authority of, 0. 20 
 
 Court held by Consul- General of, a Court of Appeal, 0. 21. 
 
 ZULTJLAND, a colony to which persons may be removed for trial and 
 execution of sentence, 0. 72A.
 
 APPENDICES. 
 
 APPENDIX I. 
 
 The Africa Order in Council, 1889. 
 
 AT the Court at Balmoral, the 15th day of October, 1889. 
 
 Present, 
 
 The QUEEN'S Most Excellent Majesty. 
 Lord Chancellor. 
 Viscount Cross. 
 Mr. Chaplin. 
 
 WHEREAS, by Treaty, grant, usage, sufferance, and other lawful 
 means, Her Majesty the Queen has power and jurisdiction in the 
 parts of Africa mentioned in this Order, and in the Island of 
 Madagascar : 
 
 Now, therefore, Her Majesty, by virtue and in exercise of the 
 powers by the Foreign Jurisdiction Acts, 1843 to 1878, or other- 
 wise 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. This Order may be cited as the Africa Order in Council, 
 1889.
 
 90 APPENDIX I. 
 
 2. This Order is divided into parts as follows : 
 
 Parts. 
 
 
 Articles. 
 
 I. 
 II. 
 
 in. 
 
 IV. 
 V. 
 
 VI. 
 VII. 
 
 Interpretation and Application 
 General Law 
 Constitution of Courts . . 
 General powers of Courts and General Pro- 
 cedure 
 Special powers of Courts (Bankruptcy, Pro- 
 bate, &c.) 
 Criminal Law and Procedure 
 Appeals . . . . . . . . . . . . 
 
 311 
 1218 
 1921 
 
 2235 
 
 3644 
 4580 
 81 
 
 VIII. 
 IX. 
 X. 
 XI. 
 XII. 
 XIII. 
 XIV. 
 XV. 
 
 Evidence . . 
 Assessors 
 Eules of Procedure 
 Treaties and Queen's Regulations 
 Foreigners and Foreign Courts 
 Deportation and Removal 
 Registration 
 Official 
 
 8290 
 9193 
 9497 
 98 
 99100 
 101102 
 103 
 104 106 
 
 XVI. 
 XVII. 
 XVIII. 
 
 Fees and Expenses 
 Supplemental 
 Commencement, Publication, Repeals, and 
 Temporary Provisions 
 
 107108 
 109111 
 
 112115 
 
 PART I. INTERPRETATION AND APPLICATION. 
 
 3. In this Order, unless the subject or context otherwise 
 requires 
 
 " Secretary of State " means one of Her Majesty's Principal 
 Secretaries of State ; 
 
 " Prescribed " means prescribed by any Consular instructions, 
 or by any order or notification signed or authorized by a Secretary 
 of State ; 
 
 " Consular officer " includes any person for the tune being 
 acting by virtue of Her Majesty's commission or with the 
 authority or approval of a Secretary of State as Consul- General, 
 Consul, or Vice-Consul, or Consular Agent ; 
 
 " Consular district " means the limits within which a Consular 
 officer is authorized to act, or such limits as may be prescribed 
 with reference to any Consular officer or Court ; 
 
 " African possession of Her Majesty " means any colony or 
 possession of Her Majesty in Africa, and includes Mauritius ; 
 
 " Treaty " includes any Convention, Agreement, or Arrange- 
 ment made by or on behalf of Her Majesty with any State or
 
 THE AFRICA ORDER IN COUNCIL, 1889. 91 
 
 Government, King, Chief, people, or tribe, and any regulation 
 appended thereto ; 
 
 " Court " means any Court or person exercising jurisdiction 
 under this Order ; 
 
 "British subject" includes a person enjoying Her Majesty's 
 protection, and includes, by virtue of 39 & 40 Viet. c. 46, subjects 
 of the several Princes and States in India in alliance with Her 
 Majesty, residing and being in the parts of Africa mentioned in 
 this Order or in the Island of Madagascar ; 
 
 " Foreigner " means a person, whether a native or subject of 
 Africa or not, who is not a British subject as herein defined ; 
 
 " Native " means a native or subject of any country within the 
 limits of this Order, not being a British subject, nor the subject of 
 any non- African Power ; 
 
 " Person " includes a corporation or association of persons ; 
 
 " Oath " or " Affidavit " includes affirmation and declaration ; 
 
 " Month " means calendar month ; 
 
 The plural includes the singular, and the singular the plural, 
 and the masculine the feminine. 
 
 Expressions referring to print or to writing include either print 
 or writing, or a combination of both. 
 
 " Crime " includes offence. 
 
 4. The limits of this Order shall be the continent of Africa, 
 with the maritime and interior territorial waters thereof, and the 
 islands adjacent thereto, and the Island of Madagascar and its 
 dependencies and their territorial waters ; but the powers by this 
 Order given shall be exercised only within and for the local juris- 
 dictions constituted, or to be constituted, for the purposes of this 
 Order. 
 
 5. Subject to the provisions of this part of this Order, a 
 Secretary of State from time to time, by any Consular instructions, 
 or by any notification under his hand, may constitute, alter, or 
 abolish local jurisdictions for the purposes of this Order. Any 
 such instructions or notifications shall be published within the 
 particular jurisdictions to which they relate, in the manner directed 
 by the last part of this Order for the publication of this Order, or 
 in such other manner as a Secretary of State directs in any par- 
 ticular case. 
 
 6. There shall be excluded from every local jurisdiction all parts 
 of any of the following places : 
 
 (1.) Any place for the time being comprised within the limits of
 
 92 APPENDIX I. 
 
 the ordinary territorial jurisdiction of the Courts of any African 
 possession of Her Majesty as herein defined, or of the Courts of 
 any possession of any other non- African Power. 
 
 (2.) The territories of Morocco, Tunis, Liheria, Zanzibar, the 
 South African Republic, and the Orange Free State. 
 
 (3.) Any other place in which any other Order in Council under 
 the Foreign Jurisdiction Acts (except any Order applying this 
 Order, or any part thereof, and in so far as this Order, or any part 
 thereof, is so applied) is for the time being in force. 
 
 (4.) Any place for the time being subject to the jurisdiction of 
 the Egyptian Courts. 
 
 7. For preventing doubts, it is declared that the power of con- 
 stituting, altering, or abolishing local jurisdictions for the purposes 
 of this Order may be exercised with reference to the whole or any 
 part or parts of any of the districts or territories for the time being 
 included in Her Majesty's Protectorate of the Niger districts, or 
 in any other existing or future Protectorate, or any part or parts 
 of the territories for the time being under the Government of the 
 International Association of the Congo, or under the Government 
 of the Free States under its administration, subject to, and in 
 accordance with, the provisions of the Convention between Her 
 Majesty and the said International Association, signed at Berlin 
 the 16th December, 1884. 
 
 8. A Secretary of State, by any notification constituting or 
 altering a local jurisdiction, may assign thereto a distinctive name 
 or designation which may be used in any judicial or official instru- 
 ment or document. 
 
 9. Until a Secretary of State otherwise provides under this part 
 of this Order, Madagascar with its dependencies and territorial 
 waters shall form one local jurisdiction for the purposes of this 
 Order, and all other places within the limits of this Order (exclu- 
 sive of the places which are hereby excluded from every local 
 jurisdiction) shall form one local jurisdiction for the purposes of 
 this Order. 
 
 10. The powers conferred by this Order within a local jurisdic- 
 tion constituted under this Order shall extend to the persons and 
 matters following, in so far as by Treaty, grant, usage, sufferance, 
 or other lawful means, Her Majesty has power or authority in 
 relation to such persons and matters, that is to say : 
 
 (1.) British subjects as herein defined.
 
 THE AFRICA OKDEK IN COUNCIL, 1889. 93 
 
 (2.) The property and personal and proprietary rights and obli- 
 gations of British subjects within the local jurisdiction (whether 
 such subjects are or are not within the jurisdiction), including 
 British ships with their boats and the persons and property on board 
 thereof, or belonging thereto. 
 
 (3.) Foreigners as herein denned who submit themselves to a 
 Court, in accordance with the provisions of this Order. 
 
 (4.) Foreigners as herein denned, with respect to whom any 
 State, King, Chief, or Government, whose subjects, or under whose 
 protection they are, has, by any Treaty, as herein denned, or 
 otherwise agreed with Her Majesty for, or consented to, the 
 exercise of power or authority by Her Majesty. 
 
 11. Subject to the provisions and restrictions contained in this 
 Order, and in particular to the provisions which define the law to 
 be administered under this Order, the powers and authorities con- 
 ferred by and to be exercised under this Order shall, within each 
 local jurisdiction, comprise and include all power and authority 
 whatsoever which, under the Foreign Jurisdiction Acts or other- 
 wise, Her Majesty is capable of conferring for the purposes 
 expressed in this Order, and all such power and authority are 
 hereby conferred. 
 
 PART II. GENERAL LAW. 
 
 12. All Her Majesty's jurisdiction exercisable in any local 
 jurisdiction constituted under this Order for the judicial hearing 
 and determination of matters in difference between British subjects, 
 or between foreigners and British subjects, or for the administra- 
 tion or control of the property or persons of British subjects, or 
 for the repression or punishment of crimes or offences committed 
 by British subjects, or for the maintenance of order among British 
 subjects, shall be exercised under and according to the provisions 
 of this Order, and not otherwise. 
 
 13. Subject to the other provisions of this Order, the civil and 
 criminal jurisdiction aforesaid shall, so far as circumstances admit, 
 be exercised upon the principles of and in conformity with the 
 substance of the law for the time being in force in and for England, 
 and with the powers vested in and according to the course of pro- 
 cedure and practice observed by and before Courts of Justice and 
 Justices of the Peace in England, according to their respective 
 jurisdictions and authorities.
 
 94 APPENDIX I. 
 
 14. Except as to offences made or declared such by this Order, 
 or by any Eegulation or Eule made under it 
 
 Any act other than an act that would by a Court of Justice 
 having criminal jurisdiction in England, be deemed a crime or 
 offence, making the person doing such act liable to punishment in 
 England shall not, in the exercise of criminal jurisdiction under 
 this Order, be deemed a crime or offence, making the person doing 
 such act liable to punishment. 
 
 15. A Secretary of State may from time to time, by order pub- 
 lished in such manner as he directs, declare that any of the laws or 
 ordinances for the time being in force in any African possession of 
 Her Majesty as herein defined, and not inconsistent with this Order, 
 shall have effect and be administered under this Order in relation 
 to any place or places within the limits of any local jurisdiction, 
 with such modifications or adaptations as may be necessary ; and 
 thereupon such laws or ordinances, as so modified or adapted, shall 
 have effect in accordance with such order, as if they had been 
 applied by this Order. 
 
 16. The provisions of any treaty with Her Majesty or Her suc- 
 cessors for the time being in force with respect to any place within 
 the limits of any local jurisdiction, shall have effect as part of the 
 law to be enforced under this Order in relation to such place, and 
 in case of inconsistency between such provisions and the law in 
 force in England, or anything contained in this Order, effect shall 
 be given to such provisions. 
 
 17. Crimes, offences, wrongs, and breaches of contract against 
 or affecting the person, property, or rights of natives of Africa, or 
 other foreigners as herein defined, committed by persons subject to 
 this Order, are punishable or otherwise cognizable under the pro- 
 visions of this Order, with the consent of such natives or foreigners, 
 in the same manner as if they were committed against or affected 
 the person, property, or rights of British subjects. 
 
 18. This Order shall not, except as herein expressly provided, 
 abridge, affect, or interfere with any power or authority exercisable 
 otherwise than under this Order, whether by virtue of any statute 
 or Order in Council, or of any colonial law, or of any treaty or 
 otherwise, and whether exercisable by Her Majesty or by any 
 colonial legislature, or colonial or consular or other Court', or under 
 any Commission, and in particular shall not interfere with any 
 power or authority exercisable under or by virtue of the Act 1 & 2
 
 THE AFRICA ORDER IN COUNCIL, 1889. 95 
 
 Greo. IV. c. 28, or under or by virtue of the Acts 24 & 25 Yict. c. 31, 
 and 34 & 35 Viet. o. 8 (relating to offences committed in territories 
 adjacent to Sierra Leone, Grambia, Grold Coast, Lagos, and the 
 adjacent protectorates), or under or by virtue of the Act 26 & 27 
 Yict. c. 35 (relating to South Africa), or the Acts 36 & 37 Yict. 
 c. 59, or 42 & 43 Yict. c. 38 (both relating to the slave trade), or 
 " The British Settlements Act, 1887 " (50 & 51 Yict. c. 54), or under 
 or by virtue of any enactment for the time being substituted for 
 or amending any of the said Acts : and all powers and authorities 
 in this Article mentioned shall continue to exist concurrently with 
 and independently of the powers and authorities exercisable under 
 this Order. 
 
 PART III. CONSTITUTION OF COURTS. 
 Consular Courts. 
 
 19. Every person for the time being holding Her Majesty's 
 commission as a Consul- General, Consul, or Vice-Consul, or acting 
 in any of such capacities by the authority of a Secretary of State, 
 shall, if so authorized by a Secretary of State, hold and form a 
 Consular Court under this Order, in and for such district, within 
 any local jurisdiction constituted by or under this Order, and at 
 such place or places within such district as a Secretary of State 
 directs, and subject to any prescribed limitations or restrictions as 
 to the exercise of the powers and authorities conferred by this 
 Order. 
 
 In case Her Majesty is pleased to direct the appointment of a 
 person not holding such commission, nor acting as aforesaid, to 
 perform as a judge or judicial officer or commissioner in or for any 
 district, place, or region to which this Order applies, all or any of 
 the judicial powers or authorities by this Order vested in a Con- 
 sular Court, a person so appointed by authority of a Secretary of 
 State, in such form as the Secretary of State directs, shall in like 
 manner hold and form a Court, and for the purposes of, and 
 subject to, any limitations contained in his appointment, shall 
 have all the same powers and authorities which under this Order 
 can be exercised by a Consular Court, and shall be removable by 
 authority of a Secretary of State ; and it shall be lawful for a 
 Secretary of State, by any such appointment or otherwise, to make 
 provision for assigning to such judge or judicial officer or Commis- 
 sioner, and to any person acting as Consul-Greneral, Consul, or Vice-
 
 96 APPENDIX I. 
 
 Consul for the same district, place, or region, or any part thereof, 
 respectively, such of the powers or authorities exercisable under 
 this Order, to be exercised by them, either separately or concur- 
 rently, as the Secretary of State from time to time directs, and 
 under such description or designation as he directs. 
 
 Throughout this Order the expressions " Consular Courts " or 
 " Court," or " Consul " or " Judge " (when used in relation to a 
 Court), include a Consul- General, Consul, Vice-Consul, or other 
 judge, judicial officer, commissioner, or person exercising power or 
 authority under this Article ; and expressions referring to the 
 district of a Court or to a district refer to a district for or within 
 which any person is appointed to act under this Article. 
 
 It shall be lawful for a Secretary of State, or for any Consul as 
 herein defined, with the authority of a Secretary of State, from 
 time to time by order in writing, to appoint places at which Courts 
 shall be held for any district, and to determine the number and 
 description of the officers (if any) to be attached to any such Court, 
 and the mode of their appointment and removal, and their duties 
 and remuneration, and any matters incident to any of such 
 purposes. 
 
 A printed copy of any such appointment, authority, or order, as 
 in this Article mentioned, purporting to bear the seal of a Consul 
 or of a Court, shall in all causes and matters be admitted as evidence 
 of the contents, and due making and publication thereof. 
 
 Each Court shall have such seal as may be prescribed by any 
 such Order as aforesaid. 
 
 20. Every judge of a Superior Court of any African possession 
 of Her Majesty, and the Consul- General of Zanzibar, may exercise 
 within the limits of any prescribed local jurisdiction constituted by 
 or under this Order, any power or authority which can be exercised 
 by any Court under this Order. 
 
 Courts of Appeal. 
 
 21. The Superior Court of any African possession of Her 
 Majesty, and the Superior Court exercising jurisdiction in Bombay, 
 shall be Courts of Appeal from the prescribed Courts acting under 
 this Order, but the appellate jurisdiction hereby conferred shall be 
 exercised by any such Court of Appeal only where an appeal to 
 that Court of Appeal is authorized in the particular case in the 
 manner provided by this Order. 
 
 In the case of the Colony of the Cape of Good Hope or of the
 
 THE AFRICA ORDER IN COUNCIL, 1889. 97 
 
 Colony of Natal, an appeal cannot be authorized until and unless 
 the Court authorizing the appeal is satisfied that provision for 
 entertaining such appeal has been made by the Legislature of that 
 colony. 
 
 PART IV. GENERAL POWERS OF COURTS AND GENERAL 
 PROCEDURE. 
 
 22. Except as otherwise provided by this Order, Her Majesty's 
 jurisdiction, civil and criminal, exercisable under this Order, shall, 
 to the extent and in the manner provided by this Order, be vested 
 in the Consular Courts, each for and within its own district. 
 
 23. The several Courts acting under this Order shall be auxiliary 
 to one another in all particulars relative to the administration of 
 justice, civil or criminal. 
 
 24. Every Consular Court shall, in the exercise of every part of 
 its respective jurisdiction, be a Court of Record. 
 
 Every Consular Court shall be a Court of Law and of Equity. 
 
 25. Any Consul-Greneral to whom a district within the limits of 
 this Order is assigned, may from time to time admit fit persons to 
 practise in the Courts of such districts as barristers and solicitors, 
 or in either of those capacities; and may from time to time, 
 subject to the approval of one of Her Majesty's Principal Secre- 
 taries of State, make rules for regulating the admission of persons 
 to practise as aforesaid in such Courts. 
 
 26. In any matter, civil or criminal, a Court within whose 
 district (in civil matters) the matter of complaint wholly or in part 
 arose or happened, or the subject in dispute is wholly or partly 
 situate, or the contract in question was wholly or partly made, or 
 the breach thereof wholly or partly occurred, or the defendant 
 resides or carries on business, or (in criminal matters) the crime 
 was wholly or partly committed, or the accused person happens to 
 be, shall have jurisdiction, and may deal with the case, as if every 
 material fact or thing had happened or was situate within its 
 district; but any such Court, if, in its opinion, justice or con- 
 venience so requires, may decline or suspend the exercise of juris- 
 diction, and may, if it thinks necessary or just, require security 
 from the defendant or accused person for his appearance before 
 some other Court having jurisdiction in the matter, and for obe- 
 dience to any judgment or order of such other Court ; and further, 
 
 N. H
 
 98 APPENDIX I. 
 
 in a criminal case, if necessary, may arrest and commit the accused 
 person, and cause him to be removed under warrant and in custody, 
 to be dealt with by such other Court. 
 
 27. Every Court acting under this Order shall have power to 
 rehear any civil matter, and to review its judgments or orders in 
 any civil case in which, in the opinion of the Court, justice so 
 requires, on such terms as to costs and otherwise as the Court 
 thinks just. 
 
 Minutes. 
 
 28. In every case, civil or criminal, heard in any Court, proper 
 minutes of the proceedings shall be drawn up, and shall be signed 
 by the judge or officer before whom the proceedings are taken, and 
 sealed with the seal of the Court, and shall, where assessors are 
 present, be open for their inspection and for their signature if 
 concurred in by them. 
 
 The minutes, with depositions of witnesses and notes of evidence 
 taken at the trial by the judge or officer, shall be preserved in the 
 public office of the Court. 
 
 Registrar. 
 
 29. Any registrar of the Court, or person acting as registrar, 
 and any other officer of the Court, designated in this behalf by the 
 judge of the Court, may administer oaths and take affidavits, 
 declarations, and affirmations. 
 
 30. The judge of any Court shall be and act as the registrar of 
 the Court, if there is no other person appointed to be registrar 
 there. 
 
 Costs, Fees, fyc. 
 
 31. In a civil case any Court may order such costs, or costs, 
 charges, and expenses, as to the Court seem reasonable, to be paid 
 by any party to the proceedings, or out of any fund to which the 
 proceedings relate. 
 
 32. All costs and all charges and expenses of witnesses, prose- 
 cutions, punishments, and deportations, and other charges and 
 expenses, and all fees, fines, forfeitures, and pecuniary penalties 
 payable under this Order, and all judgments, may be enforced by 
 arrest or by distress and seizure and sale of ships, goods, and lands, 
 and in default of sufficient distress, by imprisonment ; and no bill 
 of sale, or mortgage, or transfer of property, made with a view to
 
 THE AFRICA ORDER IN COUNCIL, 1889. 99 
 
 security in regard to crimes committed, shall be of any avail to 
 defeat any provision of this Order. 
 
 Imprisonment in default of distress shall not, except as may be 
 provided by rules of procedure made under this Order, operate as 
 a discharge or satisfaction. 
 
 33. Where money ordered by the Court to be paid is due for 
 seamen's wages, or is other money recoverable under the Merchant 
 Shipping Acts or other law relating to ships, and the person 
 ordered to pay has not paid as ordered, the Court, in addition to 
 other powers for compelling payment, shall have power to direct 
 that the amount unpaid be levied by seizure and sale of the ship. 
 
 Arbitration and Reconciliation. 
 
 34. Every Court may promote reconciliation, and encourage and 
 facilitate the settlement in an amicable way of any suit or pro- 
 ceeding pending before it. 
 
 A Court may, with the consent of the parties, refer to arbitration 
 the final determination of any suit or proceeding pending before it, 
 or of all matters in difference between the parties, on such terms 
 and with such directions as to appointment of an arbitrator and 
 other things as may seem fit, and may, if it thinks fit, take from 
 the parties, or any of them, security to abide by the result of the 
 reference. 
 
 In any such case the award shall be final and conclusive. 
 
 On the application of any party a decree of the Court may be 
 entered in conformity with the award, and such decree shall not be 
 open to any appeal or rehearing whatever, except on the ground 
 that it is not in conformity with the award. 
 
 Every agreement for reference to arbitration or submission to 
 arbitration by consent may, on the application of any party, be 
 made a rule of a Court having jurisdiction in the matter of the 
 reference or submission, which Court shall thereupon have power 
 and authority to enforce the agreement or submission and the 
 award made thereunder, and to control and regulate the proceedings 
 before and after the award in such manner and on such terms as 
 may be just. 
 
 Informalities. 
 
 35. No proceeding under this Order shall be invalidated by any 
 informality, mistake, or omission so long as, in the opinion of any
 
 100 APPENDIX I. 
 
 Court before which any question arises, the essential requisites of 
 law and justice have been complied with, or may be met by 
 amendment. 
 
 PART V. SPECIAL POWERS (BANKRUPTCY, PROBATE, &c.). 
 
 36. Every Court shall be a Court of Bankruptcy, and as such 
 shall, as far as circumstances admit, have for and within its own 
 district, with respect to British subjects and to their debtors and 
 creditors, being either British subjects or foreigners submitting to 
 the jurisdiction of the Court, all such jurisdiction as for the time 
 being belongs to any judicial authority having for the time being 
 jurisdiction in bankruptcy in England. 
 
 37. Every Court shall be a Vice-Admiralty Court, and as such 
 shall, for and within its district and for vessels and persons coming 
 to and within the district of the Court, have all such jurisdiction 
 as for the time being ordinarily belongs to Yice- Admiralty Courts 
 in Her Majesty's possessions abroad. 
 
 38. Every Court shall be a Court of Probate, and as such shall, 
 as far as circumstances admit, have, for and within its district with 
 respect to the property of British subjects appearing to the Court 
 to have at the time of death their fixed places of abode in the 
 district of the Court, all such jurisdiction as for the time being 
 belongs to any Court exercising probate jurisdiction in England. 
 
 Probate or administration granted by a Court shall have effect 
 over all the property of the deceased within the district, and shall 
 effectually discharge persons dealing with an executor or adminis- 
 trator thereunder, and that notwithstanding any defect afterwards 
 appears in the grant. 
 
 Such a grant shall not be impeachable by reason only that the 
 deceased had not at the time of his death his fixed place of abode 
 within the particular jurisdiction. 
 
 39. Any person having in his possession or under his control 
 any paper or writing of a deceased British subject being or pur- 
 porting to be testamentary, shall forthwith deliver the original to 
 the Court within the district whereof such person is at the time of 
 his first knowledge of the death of the deceased, and deposit it 
 there. 
 
 Any person neglecting to do so for fourteen days after having 
 knowledge of the death of the deceased shall be liable to such 
 penalty, not exceeding 50/., as the Court thinks fit to impose.
 
 THE AFRICA ORDER IN COUNCIL, 1889. 101 
 
 40. From the death of a British subject, having at the time of 
 his death his fixed place of abode in the district of a Court, intes- 
 tate, until administration granted, his personal property in the 
 district of the Court shall be vested in the Judge of the Court. 
 
 41. If any person other than one of Her Majesty's Consular 
 officers takes possession of or in any manner administers any part 
 of the personal property of any person deceased without obtaining 
 probate or administration within three months after the death of 
 the deceased, or within one month after the termination of any 
 suit or dispute respecting probate or administration (if there is any 
 such which is not ended within two months after the death of the 
 deceased), he shall be liable to such penalty not exceeding WOl. as 
 the Court having jurisdiction in the matter of the property of the 
 deceased thinks fit to impose ; and in every such case the same fees 
 shall be payable by the person so administering as would have been 
 payable by him if he had obtained probate or administration. 
 
 42. Where a British subject not having at the time of death 
 his fixed place of abode in the district of a Court dies there, the 
 Court within whose district he dies shall, where the circumstances 
 of the case appear to the Court so to require, forthwith on the 
 death of the deceased, or as soon after as may be, take possession 
 of his personal property within the particular jurisdiction, or put 
 it under the seal of the Court (in either case, if the nature of the 
 property or other circumstances so require, making an inventory), 
 and so keep the property until it can be dealt with according to 
 law. 
 
 43. (1.) In a case of apparent intestacy, where the circum- 
 stances of the case appear to the Court so to require, for reasons 
 recorded in the minutes, the Court may, if it thinks fit, of its own 
 motion, or otherwise, grant administration to the Judge or an 
 officer of the Court. 
 
 (2.) Any officer so appointed shall act under the direction of the 
 Court, and shall be indemnified thereby. 
 
 (3.) A commission of 2| per cent, on the gross value may be 
 charged on an estate administered under this Article. 
 
 (4.) All expenses incurred on behalf of the Court in the execu- 
 tion of this Article and the said commission shall be the first 
 charge on the personal property of the deceased in the district of 
 the Court ; and the Court shall, by sale of part of that property 
 or otherwise, provide for the discharge of those expenses and the 
 payment of the said commission.
 
 102 APPENDIX I. 
 
 44. Where it appears to the Court that the value of the property 
 or estate of a deceased person does not exceed 100/. the Court may, 
 without any probate or letters of administration, or other formal 
 proceeding, pay thereout any debts or charges, and pay, remit, or 
 deliver any surplus to such persons in such manner as a Secretary 
 of State from time to time directs, and shall not be liable to any 
 action, suit, or proceedings in respect of anything done under this 
 Article. 
 
 PART VI. CRIMINAL LAW AND PROCEDURE. 
 
 45. The crimes punishable under this Order are 
 
 (1.) Any acts or omissions which are for the time being punish- 
 able in England on indictment, with death, penal servitude, or 
 imprisonment, as treasons, felonies, or misdemeanours. 
 
 (2.) Acts or omissions by this Order, or by any regulations made 
 by virtue of this Order, declared to be punishable as offences 
 against this Order. 
 
 46. In case an act or omission is punishable both as a crime 
 under the law in force in England and as an offence against this 
 Order, the accused person may be tried and punished for such 
 act or omission, either as a crime, as aforesaid, or as an offence 
 against this Order, but he shall not be liable to be tried or punished 
 in both ways. 
 
 47. Any British subject may be proceeded against, tried, and 
 punished under this Order for the crime of piracy wheresoever 
 committed. 
 
 Offences against this Order. 
 
 48. If any British subject does any of the following things 
 without Her Majesty's authority, that is to say : 
 
 Levies war, or takes any part in any operation of war against, 
 or aids or abets any person in carrying on war, insurrection, or 
 rebellion against any King, Chief, tribe, or Power, every person so 
 offending shall be deemed guilty of an offence against this Order, 
 and, on conviction thereof, shall be liable (in the discretion of the 
 Court before which he is convicted) to be punished by imprison- 
 ment for any term not exceeding two years, with or without hard 
 labour, and with or without a fine not exceeding 1,000/. or by a 
 fine not exceeding 1,000/. without imprisonment.
 
 THE AFRICA ORDER IN COUNCIL, 1889. 103 
 
 In addition to such punishment, every such conviction shall of 
 itself, and without further proceedings, make the person convicted 
 liable to deportation, and the Court before which he is convicted 
 may order that he be deported to such place as the Court directs. 
 
 49. A person shall be deemed guilty of an offence against this 
 Order 
 
 (1.) Who wilfully or knowingly acts in contravention of any 
 such Treaty as denned in this Order, or of any regulations appended 
 thereto. 
 
 (2.) Who acts in contravention of any of the Queen's regula- 
 tions to be made under this Order, or of any rules or regulations 
 for the time being in force made under the authority of the West 
 Africa Order in Council of 1872. 
 
 (3.) Who, without reasonable and lawful excuse (proof of which 
 shall lie on the accused person) , endangers peace by disturbing any 
 religious ceremony or observance, or publicly insulting any minister 
 of any religion, or violating or insulting any place or object of 
 religious worship, or doing any other act of a similar nature, 
 whether in relation to any native or other f orm of religion or 
 superstition. 
 
 50. A person shall be deemed guilty of an offence against this 
 Order 
 
 Who smuggles or imports into or exports from any place any 
 goods with intent to avoid payment of any duty payable thereon 
 to any recognized Chief or King, Grovernment, tribe, or people, or 
 any goods the importation or exportation whereof (as the case may 
 be) into such place is prohibited by any such Chief, King, Govern- 
 ment, tribe, or people of such place. 
 
 A person convicted of an offence against this Article shall be 
 liable to imprisonment for any term not exceeding three months, 
 or fine not exceeding 50/., or both of those punishments ; and any 
 goods smuggled or imported in contravention of this Article may, 
 on conviction of the offender, or if he absconds or evades trial, be 
 declared forfeited to Her Majesty, together with any ship, boat, 
 cask, case, or receptacle, wholly or partly belonging to the offender, 
 and containing such goods. 
 
 51. If any person subject to the criminal jurisdiction of a 
 Court does any of the following things, namely : 
 
 (1.) Wilfully by act or threat obstructs any officer of or person 
 executing any process of the Court in the performance of his duty ; 
 or
 
 104 APPENDIX I. 
 
 (2.) Within or close to the room or place where the Court is 
 sitting wilfully misbehaves in a violent, threatening, or disrespect- 
 ful manner to the disturbance of the Court', or to the intimidation 
 of suitors or others resorting thereto ; or 
 
 (3.) Wilfully insults any member of the Court, or any assessor, 
 or any person acting as a clerk or officer of the Court during his 
 sitting or attendance in Court, or in his going to or returning from 
 Court; or 
 
 (4.) Does any act in relation to the Court or a Judge thereof, or 
 a matter pending therein, which, if done in relation to a Superior 
 Court in England, would he punishable as a contempt of such 
 Court, or as a libel on such Court, or the Judges thereof, or the 
 administration of justice therein ; 
 
 Such person shall be liable to be apprehended by order of the 
 Court with or without warrant, and on inquiry and consideration, 
 and after the hearing of any defence which such person may offer, 
 without further process or trial, to be punished with a fine not x 
 exceeding 10/., or with imprisonment not exceeding twenty-four 
 hours. A minute shall be made and kept of every such case of 
 punishment, recording the facts of the offence and the extent of 
 the punishment, and a copy of the minute shall be forthwith sent 
 to the Secretary of State. 
 
 Provided that, if the Court thinks fit, instead of proceeding under 
 the preceding provisions, it may direct or cause the offender to be 
 tried in a separate criminal prosecution or proceeding in which the 
 offender shall be liable to be tried and punished for his offence as 
 an offence against this Order. 
 
 Nothing herein shall interfere with the power of the Court to 
 remove or exclude persons who interrupt or obstruct the proceedings 
 of the Court. 
 
 52. If any person subject to the criminal jurisdiction of a Con- 
 sular Court does any act or makes any publication of such kind, 
 and under such circumstances, that, in the opinion of the Consular 
 Court, grave danger to public order is thereby occasioned, the 
 Court shall have the same powers as it has in relation to appre- 
 hended breaches of the peace. 
 
 53. If any clerk or officer of a Court acting under pretence of 
 the process or authority of the Court is charged with extortion or 
 with not duly paying any money levied, or with other misconduct, 
 the Court may (without prejudice to any other liability or punish- 
 ment to which the clerk or officer would in the absence of the
 
 THE AFRICA ORDER IN COUNCIL, 1889. 105 
 
 present provision be liable) inquire into the charge in a summary 
 way, and for that purpose summon and enforce the attendance of 
 all necessary persons in like manner as the attendance of witnesses 
 and others may be enforced in a suit, and may make such Order 
 thereupon for the repayment of any money extorted, or for the 
 due payment of any money levied, and for the payment of such 
 damages and costs as the Court thinks just ; and the Court may 
 also, if it thinks fit, impose such fine upon the clerk or officer not 
 exceeding 100/. for each offence, as seems just. 
 
 54. A Consular Court shall have jurisdiction to make an Order 
 requiring a person to contribute in such manner as the Court directs 
 to the support of his wife or child, whether legitimate or not, being 
 in the opinion of the Court under the age of 16 years. Any such 
 Order may be made in a summary way as if the neglect to provide 
 for the support of such wife or child were an offence against this 
 Order, and a failure to comply with any such Order shall be deemed 
 to be an offence against this Order, and shall be punishable accord- 
 ingly, and the Court may direct any penalty imposed for such 
 offence to be applied for the support of such wife or child in such 
 manner as the Court thinks fit. 
 
 55. Any act which, if done in the United Kingdom or in a 
 British possession, would be an offence against any of the following 
 Statutes of the Imperial Parliament or Orders in Council, that is 
 to say : 
 
 " The Merchandise Marks Act, 1887 ; " 
 
 " The Patents, Designs, and Trade Marks Acts, 1883 to 1888." 
 
 Any Act, Statute, or Order in Council for the time being in 
 force, relating to copyright, or to inventions, designs, or trade 
 marks ; 
 
 Any Statute amending or substituted for any of the above- 
 mentioned Statutes 
 
 Shall, if done by a British subject within the limits of this 
 Order, be punishable as an offence against this Order, whether such 
 act is done in relation to any property or right of a British subject, 
 or of a foreigner or native, or otherwise : 
 
 Provided 
 
 (1.) That a copy of any such Statute or Order in Council shall 
 be published in every Consular Court, and shall be there open for 
 inspection by any person at all reasonable times; and a person 
 shall not be punished under this Article for anything done within
 
 106 APPENDIX I. 
 
 the district of a Court before the expiration of one month after 
 such publication therein ; 
 
 (2.) That a prosecution by or on behalf of a prosecutor who is 
 not a British subject shall not be entertained without the consent 
 in writing of the Court, which may withhold such consent, unless 
 it is satisfied that effectual provision exists for the punishment in 
 Consular or other Courts of similar acts committed by the subjects 
 of the State or Power of which such prosecutor is a subject, in 
 relation to or affecting the interests of British subjects. 
 
 56. Where any act or omission is by virtue of this Order, or of 
 any Regulation made under this Order, an offence against this 
 Order, and no penalty or punishment is specified in respect thereof, 
 such offence shall be punishable with imprisonment for not exceed- 
 ing three months, or fine not exceeding 100/., or both. 
 
 Criminal Procedure. 
 
 57. Every Court may cause to be apprehended and brought 
 before it any British subject being within the district of the Court 
 and charged with having committed a crime in the district of the 
 Court, and may deal with the accused according to the jurisdiction 
 of the Court and in conformity with the provisions of this Order ; 
 or where the crime is triable, and is to be tried, in Her Majesty's 
 dominions, may take the preliminary examination, and commit the 
 accused for trial, and cause or allow him to be taken to the place of 
 intended trial. 
 
 58. (1.) Where a person, subject to the criminal jurisdiction of 
 the Court, is charged with an offence on a summons or warrant 
 issuing out of the Court, he shall be brought before the Court 
 within forty-eight hours after service of the summons or execution 
 of the warrant, unless in any case circumstances unavoidably 
 prevent his being brought before the Court within that time, 
 which circumstances shall be recorded in the Minutes. 
 
 (2.) In every case he shall be brought before the Court as soon 
 as circumstances reasonably admit, and the time and circumstances 
 shall be recorded in the Minutes. 
 
 59. (1.) Where an accused person is in custody, he shall not 
 be remanded at any time for more than seven days, unless circum- 
 stances appear to the Court to make it necessary or proper that he 
 should be remanded for a longer time, which circumstances, and 
 the time of remand, shall be recorded in the Minutes. 
 
 (2.) In no case shall a remand be for more than fourteen days at
 
 THE AFKICA ORDER IN COUNCIL, 1889. 107 
 
 one time, unless in case of illness of the accused person or other 
 case of necessity. 
 
 60. (1.) Except in cases of murder, an accused person may be 
 admitted to bail at any stage of the proceedings. 
 
 (2.) Where the offence charged is one of the following, it shall 
 be in the discretion of the Court to admit the accused to bail or 
 not, according to the circumstances, namely : 
 
 Felony (not being murder) . 
 
 Eiot. 
 
 Assault on an officer of the Court in the execution of his duty, 
 or on any person acting in his aid. 
 
 Neglect or breach of duty by an officer of the Court. 
 
 (3.) In all other cases except murder the Court shall admit the 
 accused to bail, unless in any instance the Court, having regard to 
 the circumstances, see good reason to the contrary, which reason 
 shall be recorded in the Minutes. 
 
 61. Where a person is charged before a Consular Court with a 
 crime punishable with death or penal servitude for twenty years or 
 upwards, the Court, on being satisfied by information or evidence 
 on oath that there is reasonable ground for putting such person 
 upon his trial for such crime, shall cause him to be removed for 
 trial to one of the African possessions of Her Majesty, if the Court 
 is satisfied that the attendance of the necessary witnesses for the 
 prosecution and defence respectively at the proposed place of trial 
 can be secured, but otherwise shall commit him for trial within the 
 district. 
 
 In case a person is so removed for trial, the provisions of " The 
 Foreign Jurisdiction Act, 1843," section 4, shall be observed. 
 
 62. In the case of any crime other than as in the last preceding 
 Article mentioned, and which is by the law administered in the 
 Consular Court punishable with imprisonment for twelve months 
 or upwards, or with any greater punishment, it shall be in the 
 discretion of the Consular Court, regard being had to all the 
 circumstances of the case, and in particular to the practicability of 
 procuring the necessary witnesses for the prosecution and defence 
 to attend at a trial elsewhere than within the district, either to 
 cause the accused person to be removed for trial as in the last 
 preceding Article mentioned, or to commit him for trial within the 
 district. 
 
 63. A person tried before a Consular Court for a crime to which
 
 108 APPENDIX I. 
 
 either of the two last preceding Articles applies shall, if practicable, 
 be tried by the Court with Assessors, unless he consents to be tried 
 without Assessors. 
 
 64. A person charged with a crime which is not punishable with 
 imprisonment for twelve months or upwards, or with any greater 
 punishment, or charged with an offence against this Order, shall be 
 tried by the Consular Court, with or without Assessors, as the 
 Court thinks fit. 
 
 65. Every Court and authority in imposing and inflicting 
 punishments shall have regard, so far as circumstances admit and 
 subject to the other provisions of this Order, to the punishments 
 imposed by the law of England in like cases, and to the mode 
 in which the same are inflicted in England. 
 
 66. Any Court may order any person convicted before it of 
 any crime or offence to pay all or any part of the expenses 
 of or preliminary to his trial, and of his imprisonment or other 
 punishment. 
 
 Where it appears to any Court that any charge made before it is 
 malicious, or is frivolous and vexatious, the Court may order all or 
 any part of the expenses of the prosecution to be paid by the 
 person making the charge. 
 
 In either of the two last-mentioned cases, the amount ordered to 
 be paid shall be deemed a debt due to the Crown, and may, by 
 virtue of the order, without further proceedings, be levied on the 
 property of the person convicted or making the charge, as the case 
 may be, or may be enforced by imprisonment for not exceeding 
 one month or until payment. 
 
 67. (1.) The Court may, if it thinks fit, order a person 
 convicted of an assault to pay to the person assaulted, by way 
 of damages, any sum not exceeding 201. 
 
 (2.) Damages so ordered to be paid may be either in addition to 
 or in lieu of a fine, and shall be recoverable in like manner as 
 a fine. 
 
 (3.) The person convicted shall not be liable to an action for the 
 assault. 
 
 68. If, on a trial, the Court is of opinion that the accused 
 attempted to commit the offence with which he is charged, but did 
 not complete it, he shall not be therefore acquitted, but the Court 
 may find him guilty of the attempt, and may adjudge him to be 
 punished as if he had been charged with the attempt.
 
 THE AFRICA ORDER IN COUNCIL, 1889. 109 
 
 He shall not be liable to be afterwards prosecuted for tlie 
 offence. 
 
 69. If, on the trial of a person charged with robbery, the Court 
 is of opinion that the accused committed an assault with intent to 
 rob, but did not commit robbery, he shall not be therefore acquitted, 
 but the Court may find him guilty of the assault, and may adjudge 
 him to be punished as if he had been charged with the assault. 
 
 He shall not be liable to be afterwards prosecuted for the assault. 
 
 70. If on a trial for any of the following offences, namely, 
 burglary, or stealing in a dwelling-house, or breaking and entering 
 and stealing in a shop, warehouse, or counting-house, or a building 
 within the curtilage of a dwelling-house, or larceny, or feloniously 
 receiving property stolen, embezzled, or otherwise feloniously taken, 
 obtained, or disposed of, the facts proved authorize a conviction for 
 one of those offences, not being the offence charged, the Court may 
 find the accused guilty of that other offence, and may adjudge him 
 to be punished, as if he had been charged with that other offence. 
 He shall not be liable to be afterwards prosecuted for that other 
 offence. 
 
 71. If any person procures or endeavours to procure or incites 
 any other person to commit a crime or offence, he shall be punish- 
 able on conviction in the same manner as if he were convicted of an 
 attempt to commit that crime or offence. If the crime or offence 
 is actually committed in pursuance of the procurement or incite- 
 ment, both persons may be tried and punished for that crime 
 or offence as principal offenders. 
 
 72. Sentences of imprisonment passed by a Consular Court shall 
 be carried into effect in such prisons and in such manner as a 
 Secretary of State from time to time directs. 
 
 If there be no such prison, or if, by reason of the condition of 
 any such prison, or the state of health of the prisoner, or on any 
 other ground, the Consular Court thinks that the sentence ought 
 not to be carried into effect in such prison, the prisoner shall, 
 by warrant under the hand and seal of the Consul, be removed in 
 custody to one of Her Majesty's African possessions, there to 
 undergo his sentence. 
 
 Any sentence of imprisonment under this Order may be with or 
 without hard labour, as the Court directs. 
 
 A sentence of death shall be carried into effect in one of Her 
 Majesty's African possessions.
 
 110 APPENDIX 1. 
 
 When a person is sent to a colony for execution of a sentence of 
 death or imprisonment, the provisions of the 5th section of " The 
 Foreign Jurisdiction Act, 1843," shall be observed. 
 
 72 A. Whenever under this Order a person is to be removed for 
 trial, or for the execution of a sentence of imprisonment or death, 
 to one of Her Majesty's African possessions, he shall be removed 
 to one of the following possessions of Her Majesty, that is to say : 
 
 Sierra Leone, 
 
 Grold Coast, 
 
 Lagos, 
 
 Mauritius, 
 
 Seychelles, 
 
 Cape Colony, 
 
 Natal, 
 
 Zululand. 
 Provided 
 
 (1.) That a person shall not be so removed to the Cape Colony 
 or Natal without the consent of the Government of the Cape 
 Colony or Natal (as the case may be) ; 
 
 (2.) That a person shall not be removed to Mauritius or 
 Seychelles, except from Madagascar or its dependencies or terri- 
 torial waters, without the consent of a Secretary of State ; and 
 
 (3.) That, subject as aforesaid, in determining to which of the 
 above-mentioned possessions the person is to be removed, regard 
 shall be had to the place of birth or domicile of the person removed, 
 and to any considerations with respect to convenience of trial and 
 the attendance of witnesses, and subject thereto the removal shall 
 be directed to be made to the nearest of the above-mentioned 
 possessions to which the person can be removed. 
 
 73. It shall be lawful for a Consular Court, from time to time, 
 by order or warrant under the seal of the Court, to appoint any 
 building or place specified in such order or warrant to be a prison 
 for any purpose of this Order, either generally or in relation to a 
 particular case, or for a limited time, and to appoint such persons 
 as the Court thinks fit to be gaolers, keepers, or officers of any 
 such prison. 
 
 74. A Secretary of State may remit or commute, in whole or in 
 part, any sentence of a Consular Court. 
 
 In every case of sentence of death the Minutes of the trial shall 
 be transmitted to a Secretary of State, and the sentence shall not 
 be carried into effect until confirmed by him.
 
 THE AFEICA OEDER IN COUNCIL, 1889. Ill 
 
 When a Consular Court sentences a person to imprisonment 
 exceeding twelve months, or fine exceeding 100/., or in any other 
 case, if a Secretary of State by any general or particular instruction 
 so directs, the sentence shall be submitted tp the prescribed Court 
 of Appeal for review in the manner hereafter in this Order 
 prescribed. 
 
 75. Where a sentence is under this Order submitted for review, 
 the Consular Court shall transmit the Minutes of the case, with 
 such observations as the Consul thinks necessary, and the Court of 
 Appeal shall return the Minutes, with such instructions as they 
 think fit to give, either as to findings of fact, or as to law, or as to 
 mitigation of sentence, and the Consular Court shall give effect to 
 such instructions. 
 
 Pending the review of a sentence, the Consular Court may 
 suspend the execution of the sentence, but is not obliged so to do 
 unless so directed by the Court to whom the case is submitted, or 
 by a Secretary of State. In either case the Consular Court may 
 (unless otherwise directed) take such security by way of bail or 
 otherwise, and if necessary by commitment to prison for safe 
 custody, as it thinks necessary for submission to the ultimate 
 sentence. 
 
 76. Where a person charged with having committed a crime or 
 offence in the district of one Court escapes or removes from that 
 district, and is found within the district of another Court, the 
 Court within the district of which he is found may proceed in the 
 case to examination, indictment, trial, and punishment, or in a 
 summary way (as the case may require), in the same manner as if 
 the crime or offence had been committed in its own district ; or 
 may, on the requisition or with the consent of the Court of the 
 district in which the crime or offence is charged to have been 
 committed, send him in custody to that Court, or require him to 
 give security for his surrender to that Court, there to answer the 
 charge and be dealt with according to law. 
 
 Where any person is to be so sent in custody a warrant shall be 
 issued by the Court within the district of which he is found, and 
 such warrant shall be sufficient authority to any person to whom it 
 is directed to receive and detain the person therein named, and to 
 carry him to and deliver him up to the Court of the district within 
 which the crime or offence was committed, according to the 
 warrant. 
 
 77. Where a warrant or order of arrest is issued by a competent
 
 112 APPEKTDIX I. 
 
 authority in Her Majesty's dominions for the apprehension of a 
 British subject, who is charged with having committed a crime or 
 offence within the jurisdiction of the authority issuing the warrant 
 or order, and who is, or is supposed to be, in the district of a Court, 
 and the warrant or order is produced to the Court, the Court may 
 back the warrant or order ; and the same when so backed shall be 
 sufficient authority to any person to whom the warrant or order 
 was originally directed, and also to any constable or other officer 
 of the Court by which it is backed, to apprehend the accused at any 
 place where the Court by which the warrant or order is backed has 
 jurisdiction, and to deliver him on board any ship in African 
 waters into the custody of any person having authority to receive 
 and cany him in custody to Her Majesty's dominions. 
 
 78. (1.) In cases of murder or manslaughter, if either the 
 death or the criminal act which wholly or partly caused the death 
 happened within the jurisdiction of a Court acting under this 
 Order, such Court shall have the like jurisdiction over any British 
 subject who is charged either as the principal offender or as 
 accessory before the fact to murder, or as accessory after the fact 
 to murder or manslaughter, as if both such criminal act and the 
 death had happened within such jurisdiction. 
 
 (2.) In the case of any crime committed on the high seas, or 
 within the Admiralty jurisdiction, by any British subject on board 
 a British ship, or on board a foreign ship to which he did not 
 belong, a Court acting under this Order shall have jurisdiction as 
 if the crime had been committed within the district of such Court. 
 In cases tried under this provision no different sentence can be 
 passed from the sentence which could be passed in England if the 
 crime were tried there. 
 
 (3.) The foregoing provisions of this Article shall be deemed to 
 be adaptations, for the purposes of this Order and of " The Foreign 
 Jurisdiction Act, 1878," of the following enactments described in 
 the first schedule to that Act (that is to say) : 
 " The Admiralty Offences (Colonial) Act, 1849." 
 " The Admiralty Offences (Colonial) Act, 1860." 
 " The Merchant Shipping Act, 1867," section 11. And the said 
 enactments shall, BO far as they are repeated and adapted by this 
 Article (but not further or otherwise), extend to all places within 
 the limits of every local jurisdiction constituted under this Order. 
 
 79. "The Fugitive Offenders Act, 1881," shall apply to each 
 local jurisdiction constituted under this Order as if such local
 
 THE AFRICA OEDEK IN COUNCIL, 1889. 113 
 
 jurisdiction were a British possession, subject to the conditions, 
 exceptions and qualifications following : 
 
 (1.) The said Act shall apply only in the case of British subjects. 
 
 (2.) The principal British Consular officer for the time being in 
 the jurisdiction, or person acting as such by authority of a Secretary 
 of State, is for the purposes of the said Act substituted for the 
 Governor of a British possession, and for a superior Court, or a 
 Judge thereof, in a British possession, and for a Magistrate or 
 Justice of the Peace in a British possession. 
 
 (3.) So much of the 4th and 5th sections of the said Act as 
 relates to the sending a Report of the issue of a warrant, together 
 with the information, or a copy thereof, or to the sending of a 
 certificate of committal and report of a case, or to the information 
 to be given by a Magistrate to a fugitive, shall be excepted. 
 
 (4.) So much of the 6th section of the said Act as relates to 
 habeas corpus, and as requires the expiration of fifteen days before 
 issue of a wan-ant, shall be excepted. 
 
 (5.) The said Consular officer shall not be bound to return a 
 fugitive offender to a British possession unless satisfied that the 
 proceedings to obtain his return are taken with the consent of the 
 Governor of that possession. 
 
 For the purposes of Part II. of the said Act, Madagascar and 
 Mauritius shall be deemed to be one group of British possessions, 
 and any other local jurisdiction constituted under this Order shall 
 be deemed, together with Her Majesty's African possessions other 
 than Mauritius, to be one group of British possessions. 
 
 80. " The Colonial Prisoners Removal Act, 1884," shall" apply 
 to each local jurisdiction constituted under this Order as if each 
 local jurisdiction constituted under this Order were a British 
 possession and part of Her Majesty's dominions, subject as 
 follows : 
 
 The principal Consular officer in any district shall, in relation to 
 such district, be substituted for the Governor of a British possession. 
 
 81. Nothing in this Order shall be deemed to affect Her 
 Majesty's prerogative of pardon. 
 
 PART VII. APPEALS. 
 
 82. In civil matters an appeal shall lie from a Consular Court to 
 the prescribed Court of Appeal by the leave of the Consular Court, 
 or without such leave where leave is given by the Court of Appeal. 
 
 N. I
 
 114 APPENDIX I. 
 
 The appeal shall be brought within such time and in such 
 manner, as regards the form and transmission of the appeal, and 
 as to stay of execution and otherwise, as may he prescribed by any 
 rules of procedure made under this Order, or as in any case by any 
 special leave or order the said Court of Appeal may direct. 
 
 A Consular Court may, before deciding any civil matter, state a 
 case in writing for the opinion of the prescribed Court of Appeal, 
 and shall give effect to such opinion, and when a case has been so 
 stated, no appeal shall be brought against the decision of the 
 Consular Court in conformity therewith unless by leave of the 
 same Court of Appeal. 
 
 As regards matters not provided for by this Article, the pro- 
 cedure on appeal in the Court of Appeal may be the same as the 
 ordinary procedure of that Court upon the hearing of any applica- 
 tion for a new trial, or upon a case stated or reserved for the opinion 
 of the Court, and the judgment or order of such Court in the appeal 
 shall be certified under its seal to the Consular Court which shall 
 give effect thereto. 
 
 The decision of a Court of Appeal under this Order shall be 
 subject to appeal to Her Majesty in Council, in the same manner 
 and on the same conditions as to the amount involved and other- 
 wise as any other decision of the same Court of Appeal. 
 
 PART VIII. EVIDENCE. 
 
 83. (1.) In any case, criminal or civil, and at any stage thereof, 
 the Court, either of its own motion, or on the application of any 
 party, may summon a British subject to attend to give evidence, 
 or to produce documents, or to be examined. 
 
 (2.) If the person summoned, having reasonable notice of the 
 time and place at which he is required to attend, fails to attend 
 and be sworn, and give evidence, or produce documents, or submit 
 to examination accordingly, and does not excuse his failure to the 
 satisfaction of the Court, he shall be guilty of an offence against 
 this Order. 
 
 (3.) A person punished under this Article shall not be liable to 
 an action in respect of the same matter ; and any such action, if 
 begun, shall be stayed by the Court in such manner and on such 
 terms as the Court thinks fit. 
 
 84. (1.) In a criminal case, where it is proved that a British 
 subject is likely to give material evidence, either for the prosecution
 
 THE AFEICA ORDER IN COUNCIL, 1889. 115 
 
 or for the defence, and that he will not voluntarily attend to give 
 evidence, the Court may issue a summons for his attendance. 
 
 (2.) If he does not obey the summons, and does not excuse his 
 failure to the satisfaction of the Court, then, after proof of service 
 of the summons, the Court may issue a warrant to compel his 
 attendance. 
 
 (3.) Where it is proved that he will not attend to give evidence 
 unless compelled to do so, the Court may issue a warrant in the 
 first instance. 
 
 85. In civil cases any Court may, where the circumstances appear 
 to justify it, order that the expenses of a witness, on his appearing 
 to give evidence, shall be defrayed by the parties or any of them, 
 
 86. Any person appearing before a Court to give evidence in 
 any case, civil or criminal, may be examined or give evidence on 
 oath in the form or with the ceremony that he declares to be 
 binding on his conscience. 
 
 87. Any British subject wilfully giving false evidence in any 
 suit or proceeding, civil or criminal, or on any arbitration, or in any 
 affidavit, shall be deemed guilty of wilful and corrupt perjury. 
 
 88. Judicial notice shall be taken of this Order, and of the com- 
 mencement thereof, and of the appointment of Consular or other 
 officers, and of the constitution and limits of any jurisdiction, 
 Court, or district, and of Consular seals and signatures, and of any 
 Rules or Regulations made or in force under this Order, and no 
 proof shall be required of any of such matters. 
 
 89. Every signature or seal affixed to any instrument purporting 
 to be the signature of any Consular officer or person acting under 
 this Order, or to be the seal of any of Her Majesty's Courts, shall, 
 for all purposes under this Order, without any proof thereof, be 
 presumed to be genuine, and shall be taken as genuine until the 
 contrary is proved. 
 
 90. A person attending to give evidence before the Court, or the 
 Court of Appeal, shall not be compelled or allowed to give any 
 evidence or produce any document if, in the opinion of the 
 principal Consular Officer having authority in the district in which 
 the Court is held signified by him personally or in writing to the 
 Court, the giving or production thereof would be injurious to Her 
 Majesty's service. 
 
 i2
 
 116 APPENDIX I. 
 
 91. (1.) The provisions of " The Evidence Act, 1851," 14 & 15 
 Viet. c. 99, sections 7 and 11, relating to the proof of judicial and 
 other documents, shall extend and be applied for all purposes as 
 if the district were in a British Colony. 
 
 (2.) The following Acts, namely : 
 
 " The Foreign Tribunals Evidence Act, 1856," 
 " The Evidence by Commission Act, 1859," 
 " The Evidence by Commission Act, 1885," 
 
 6r so much thereof as is for the time being in force, and any enact- 
 ment for the time being in force amending or substituted for the 
 same, are hereby extended to all places and Courts to which this 
 Order applies with the adaptations following, namely : 
 
 In the said Acts the Court is hereby substituted for a Supreme 
 Court or a Judge of a Court in a Colony. 
 
 (3.) The following Acts, namely : 
 
 " The* British Law Ascertainment Act, 1859," 
 " The Foreign Law Ascertainment Act, 1861," 
 
 or so much thereof as is for the time being in force, and any 
 enactment for the time being in force amending or substituted for 
 the same are hereby extended to all places and Courts to which 
 this Order applies, with the adaptations following, namely : 
 
 In the said Acts the Court is hereby substituted for a Superior 
 Court in a Colony. 
 
 PART IX. ASSESSORS. 
 
 92. Where a Court proceeds, in pursuance of this Order, to hear 
 and determine any case, civil or criminal, with Assessors, the Court 
 shall nominate and summon as Assessors not less than two and not 
 more than four indifferent British subjects of good repute, resident 
 in the district of the Court or belonging to a British ship. 
 
 Where, however, by reason of local circumstances, the Court is 
 able to obtain the presence of one fit person only as Assessor, the 
 Court may sit with him alone as Assessor ; and where for like 
 reasons the Court is not able to obtain the presence of any fit 
 person as Assessor, the Court may (notwithstanding anything in 
 this Order) sit without an Assessor ; but in every such case the 
 Court shall record in the Minutes of Proceedings its reasons for 
 sitting with one Assessor only, or without an Assessor.
 
 THE AFRICA ORDER IN COUNCIL, 1889. 117 
 
 An Assessor shall not have voice or vote in the decision of the 
 Court in any case, civil or criminal ; but an Assessor dissenting in 
 a civil case from any decision of the Court, or in a criminal case 
 from any decision of the Court, or the conviction, or the amount of 
 punishment awarded, may record in the Minutes of Proceedings 
 his dissent and the grounds thereof; and an Assessor dissenting 
 shall be entitled to receive gratis a certified copy of the Minutes. 
 
 93. Where a suit relates to money, goods, or other property of a 
 less amount or value than 300/. and does not relate to or involve, 
 directly or indirectly, a question respecting any matter at issue of 
 the amount or value of 30 O/. or upwards and is not brought for 
 recovery of damages of a greater amount than 300/. the Court 
 may hear and determine the case without Assessors. 
 
 In all other civil cases the Court (subject to the provisions of 
 this Order respecting inability to obtain an Assessor) shall hear 
 and determine the case with Assessors. 
 
 94. If any person summoned to act as Assessor fails, without 
 lawful excuse, to attend at the trial, or at any adjournment thereof, 
 or to continue to serve throughout the trial, he shall be liable, 
 under a summary order of the Court, to a fine not exceeding Wl. 
 to be levied by attachment and sale of his goods within the district, 
 and in default of recovery thereby of the fine, to be imprisoned for 
 any time not exceeding six days, if the fine is not sooner paid. 
 
 PART X. RULES OF PROCEDURE. 
 
 95. Every Consular officer holding a Court for any district may 
 from time to time frame Rules for any purpose for which it is in 
 this Order expressed or implied that Rules of Procedure or Practice 
 are to be made, and the execution of judgments or orders, and for 
 the regulation of appeals in civil and in criminal cases, and of re- 
 hearings, and generally for the purpose of making any provision 
 proper or necessary for the proper or effectual exercise of the juris- 
 diction, of Courts under this Order, and may thereby impose rea- 
 sonable penalties, and may provide for the enforcement of any 
 judgment or order by imprisonment for not exceeding one month. 
 
 Rules affecting the conduct of civil suits shall be so framed as to 
 secure, as far as may be, that cases shall be decided on their merits 
 according to substantial justice, without excessive regard to techni- 
 calities of pleading or procedure, and without unnecessary delay.
 
 118 APPENDIX I. 
 
 Rules framed under this Article shall not have effect unless and 
 until they are approved by a Secretary of State, save that in case 
 of urgency declared in any Rules framed by the Consular officer, 
 the same shall have effect unless and until they are disapproved by 
 a Secretary of State, and notification of such disapproval is received 
 and published by the Consular officer. 
 
 The Rules, Regulations, and Forms contained in the Schedule to 
 this Order may be used with such modifications as circumstances 
 require, and shall be deemed to have been duly made and approved 
 under this Order, but may be altered with the approval of a Secre- 
 tary of State in relation to any district in the same manner as other 
 Rules made under this Order. 
 
 96. Provision may, amongst other things, be made by Rules 
 under this Order authorising the Court to grant and enforce search 
 warrants, and to enforce awards, and to enforce by distress, or by 
 attachment or commitment, judgments or orders of the Court, or 
 payment of any damages, costs, penalties, fines, or forfeitures, and 
 for the sale of things forfeited, and for garnishee process, and for 
 attachments of property in order to compel appearance or submis- 
 sion to the jurisdiction or process of the Court, and authorising the 
 Court to compel, by fine, distress, or recognizance, or in default of 
 security by commitment, the attendance of witnesses before the 
 Court, or before a Colonial or English Court to which a case is sent 
 for trial, and to fix and enforce the fees to be taken in respect of 
 any proceedings under this Order, not exceeding, as regards any 
 matters provided for by the Act of 6 Geo. IV. c. 87, fees fixed and 
 allowed from time to time by any Order in Council made under 
 that Act, and to take and transmit depositions of witnesses for use 
 at trials in a Colony or in England, and to appoint forms of indict- 
 ment or charge in criminal proceedings : Provided that the scales 
 of all fees fixed under the provisions of this Order shall have been 
 sanctioned by the Commissioners of Her Majesty's Treasury. 
 
 97. A copy of the Rules for the time being in force shall be kept 
 exhibited conspicuously in each Court and Consulate. 
 
 Printed copies shall be provided and sold at such reasonable price 
 as the Consular officer from time to time directs. 
 
 No penalty shall be enforced in any Court for the breach of any 
 Rule until the Rule has been so exhibited in the Court for one 
 month, unless the person offending is proved to have had express 
 notice of the Rule. 
 
 A printed copy of any Rule, purporting to be certified under the
 
 THE AFKICA ORDER IN COUNCIL, 1889. 119 
 
 hand of the Consular officers shall be for all purposes conclusive 
 evidence of the due framing, approval, and publication of the con- 
 tents thereof. 
 
 98. From and after the commencement of any Rules made under 
 this Order, all Rules and Regulations theretofore in force in the 
 district in respect of the same matter in respect whereof Rules are 
 made under this Order shall cease to operate. 
 
 PART XI. TREATIES AND QUEEN'S REGULATIONS. 
 
 99. Every Consul, according to the authority to be assigned to 
 him under this Order, shall have power to make and alter Regula- 
 tions (to be called Queen's Regulations) for the following purposes 
 (that is to say) : 
 
 (1.) For securing the observance of any Treaty for the time 
 being in force relating to any place to which this Order applies, or 
 of any native or local law or custom whether relating to trade, 
 commerce, revenue, or any other matter. 
 
 (2.) For the peace, order, and good government of British sub- 
 jects within any such place in relation to matters not provided for 
 by this Order. 
 
 (3) For requiring Returns to be made of the nature, quantity, 
 and value of articles exported from or imported into his district, or 
 any part thereof, by or on account of any British subject or in any 
 British ship, and for prescribing the times and manner at or in 
 which and the persons by whom such Returns are to be made. 
 
 (4.) For the governance, visitation, care, and superintendence of 
 prisons. 
 
 Any Regulations under this Article may provide for forfeiture 
 of any goods, receptacles, or things in relation to which, or to the 
 contents of which, any breach is committed of such Regulations, or 
 of any Treaty or any native or local law or custom, the observance 
 of which is provided for by such Regulations. 
 
 Any Regulations made under this Article shall, when allowed by 
 a Secretary of State, and published as he directs, have effect as if 
 contained in this Order. 
 
 Any Rules or Regulations heretofore made under the authority 
 of the West Africa Order in Council, 1872, or of any Order in 
 Council repealed by this Order, and which are in force at the time 
 of the commencement of this Order, and which are not expressly 
 repealed by this Order, shall, notwithstanding the repeal of that
 
 120 APPENDIX I. 
 
 Order, continue in force until revoked "by a Secretary of State, "but 
 shall be subject to the provisions of this Order, and so far as they 
 are inconsistent with any provision of this Order, or with any 
 Regulations or Rules made under this Order, this Order, and any 
 Regulations or Rules made under it, shall have effect. 
 
 A breach of any such Regulations shall be deemed to be an 
 offence against this Order, and shall be punishable accordingly in 
 addition to any forfeiture as aforesaid. 
 
 PART XII. FOREIGNERS AND FOREIGN COURTS. 
 Suits by or against Foreigners. 
 
 100. (1.) Where a foreigner desires to institute to take a suit 
 or proceeding of a civil nature against a British subject, or a British 
 subject desires to institute or take a suit or proceeding of a civil 
 nature against a foreigner, the Court may entertain the suit or 
 proceeding, and hear and determine it (and if all parties desire, or 
 the Court directs a trial with Assessors, then with Assessors) at a 
 place where such a trial might be had if all parties were British 
 subjects, and in all other respects according to the ordinary course 
 of the Court. 
 
 (2.) Provided that the foreigner (i.) first files in the Court his 
 consent to the jurisdiction of the Court ; and (ii.) also, if required 
 by the Court, obtains and files a certificate in writing from a com- 
 petent authority of his own Grovernment, to the effect that no 
 objection is made by that Government to the foreigner submitting 
 in the particular cause or matter to the jurisdiction of the Court ; 
 and (iii.) also, if required by the Court, gives security to the satis- 
 faction of the Court, to such reasonable amount as the Court directs, 
 by deposit of money or otherwise, to pay fees, costs, damages, and 
 expenses, and to abide by and perform the decision to be given by 
 the Court or on appeal. 
 
 (3.) A counter-claim or cross suit cannot be brought or instituted 
 in the Court against a plaintiff, being a foreigner, who has sub- 
 mitted to the jurisdiction, by a defendant, except by leave of the 
 Court first obtained. 
 
 (4.) The Court, before giving leave, requires proof from the 
 defendant that his claim arises out of the matter in dispute, and 
 that there is reasonable ground for it, and that it is not made for 
 vexation and delay. 
 
 (5.) Nothing in this Article prevents the defendant from insti-
 
 THE AFRICA ORDER IN COUNCIL, 1889. 121 
 
 tuting or taking in the Court against the foreigner, after the 
 termination of the suit or proceeding in which the foreigner is 
 plaintiff, any suit or proceeding that the defendant might have 
 instituted or taken in the Court against the foreigner if no provision 
 restraining counter-claims or cross suits had been inserted in this 
 Order. 
 
 (6.) Where a foreigner obtains in' the Court an order against a 
 defendant being a British subject, and in another suit that defen- 
 dant is plaintiff and the foreigner is defendant, the Court may, 
 if it thinks fit, on the application of the British subject, stay the 
 enforcement of the order pending that other suit, and may set off 
 any amount ordered to be paid by one party in one suit against 
 any amount ordered to be paid by the other party in the other suit. 
 
 (7.) Where a plaintiff, being a foreigner, obtains in the Court 
 an Order against two or more defendants, being British subjects, 
 jointly, and in another suit one of them is plaintiff and the 
 foreigner is defendant, the Court may, if it thinks fit, on the appli- 
 cation of the British subject, stay the enforcement of the Order 
 pending that other suit, and may set off any amount ordered to be 
 paid by one party in one suit against any amount ordered to be 
 paid by the other party in the other suit, without prejudice to the 
 right of the British subject to require contribution from his co- 
 defendants under the joint liability. 
 
 (8.) Where a foreigner is co-plaintiff in a suit with a British 
 subject who is within the particular jurisdiction, it is not necessary 
 for the foreigner to make deposit or give security for costs, unless 
 the Court so directs ; but the co-plaintiff British subject is respon- 
 sible for all fees and costs. 
 
 Foreign Tribunals. 
 
 101. (1.) Where it is shown to a Court that the attendance of 
 a British subject to give evidence, or for any other purpose con- 
 nected with the administration of justice, is required in a native or 
 foreign Court, or before a native or foreign judicial officer, or in a 
 Court, or before a judicial officer of any State in amity with Her 
 Majesty, the Court may, if it thinks fit, in a case and in circum- 
 stances in which it would require his attendance before itself, order 
 that he do attend and give evidence and produce documents as so 
 required. The order may be made subject to conditions as to 
 payment or tender of expenses or otherwise.
 
 122 APPENDIX I. 
 
 (2.) A Court, however, cannot so order attendance at any place 
 beyond its particular jurisdiction. 
 
 (3.) If the person ordered to attend, having reasonable notice 
 of the time and place at which he is required to attend, fails to 
 attend accordingly, and does not excuse his failure to the satis- 
 faction of the Court, or if he refuses to give evidence, or wilfully 
 gives false evidence, or fails "to produce documents which he is 
 properly required to produce, he is, independently of any other 
 liability, guilty of an offence against this Order, and for every 
 such offence, on conviction thereof, by summary trial, is liable to 
 a fine not exceeding 100/., or to imprisonment for not exceeding 
 one month in the discretion of the Court. 
 
 PART XIII. DEPORTATION AND REMOVAL. 
 
 102. (1.) Where a person is convicted before a Court of any 
 crime or offence, the Court may in addition to or in lieu of any 
 other sentence order him to give security to the satisfaction of 
 the Court, by recognizance, deposit of money, or otherwise, for 
 future good behaviour, and in default of such security may order 
 him to be deported forthwith, or after undergoing any other 
 sentence which may be passed upon him, to the prescribed African 
 possession of Her Majesty, or to such other part of Her Majesty's 
 dominions as a Secretary of State, with the concurrence of the 
 Commissioners of Her Majesty's Treasury, from time to time, 
 directs in this behalf. 
 
 (2.) Where, upon or without any complaint or charge made, 
 it appears to a Court that there is reason to believe that any 
 person is about to commit a breach of the peace, or that his 
 conduct is likely to produce or excite a breach of the peace, the 
 Court may order him to give security as above mentioned for 
 peace and good behaviour, and in default may order him to be 
 deported as aforesaid. 
 
 (3.) An order for deportation shall be executed in the manner 
 provided by this Order, with respect to the removal of persons 
 from a district. It may, in any case with reference to which the 
 Secretary of State, by any general or special directions, so directs, 
 provide for the deportation of the person to whom it refers, in the 
 first instance to any place to which such person can, under this 
 Order, be deported, and also for his further deportation from that 
 place to any other place to which he could lawfully have been 
 deported in the first instance.
 
 THE AFKICA ORDER IN COUNCIL, 1889. 123 
 
 (4.) The Court, as part of an order for deportation, may order 
 that the person to be deported pay all or any part of the expenses 
 of his deportation, to an amount specified in the order. 
 
 (5.) A report of every order for deportation, stating the 
 grounds thereof and the proceedings thereunder, shall forthwith 
 be made to a Secretary of State, who may at any time remit such 
 order. 
 
 (6.) An order for deportation may be expressed to be in force 
 for a time to be limited therein, or for an unlimited time. 
 
 (7.) If a person deported from a district returns while the order 
 is in force, without the written consent of the Court or of a Secretary 
 of State, which consent may be given subject to any terms as to 
 security for good behaviour or otherwise, he is guilty of an offence 
 against this Order, and in addition to any other punishment for 
 such offence he may be again deported on a fresh warrant under 
 the original order or under a new order. 
 
 103. Where a person is to be removed from a district, either for 
 trial in another district, or in England, or in a Colony, or for the 
 execution of a sentence in a Colony, or under an order of deporta- 
 tion, a warrant for the purpose shall be issued by the Judge of 
 the Court under his hand and seal, and the person may, under 
 such warrant, be taken to and put on board of one of Her 
 Majesty's ships, or some other fit ship, and shall be conveyed in 
 such ship or otherwise to the place named in the warrant. 
 
 Pending removal, the person shall, if the Court so orders, by 
 indorsement on the warrant, be arrested and detained in custody or 
 in prison until an opportunity for removal occurs. 
 
 On arrival at the place named in the wan-ant, the person, if 
 removed under an order of deportation, shall be discharged, or 
 otherwise shall be handed over to the proper gaoler, constable, 
 magistrate, or officer. 
 
 Where a wan-ant of deportation provides for further deportation 
 from the place to which the person is first deported to some other 
 place, the person shall, on his arrival at such first-mentioned place, 
 be delivered with the warrant into the custody of the Chief 
 Magistrate or officer of police at that place who shall detain him, 
 and shall forthwith report the case to the Governor or person 
 administering the Government at that place, who shall either cause 
 him to be further deported with and in accordance with the 
 warrant, and in the meantime to be detained in custody for any 
 necessary period not exceeding three months, or, if the circum-
 
 124 APPENDIX I. 
 
 stances of the case appear to render his discharge expedient, shall 
 discharge him from custody. 
 
 A warrant of removal is sufficient authority to the person to 
 whom it is directed or delivered for execution, and to the person 
 in command of any ship, and to every person acting under the 
 warrant or in aid of any such person, to take, receive, detain, 
 convey, and deliver the person named therein in the manner 
 thereby directed, and generally is sufficient authority for anything 
 done in execution or intended execution of the warrant. 
 
 A warrant of removal must be issued in duplicate, and the 
 person executing it must on arriving at the place named, deliver 
 one of the duplicates with the prisoner to the proper gaoler, 
 constable, magistrate or officer. 
 
 PART XIV. REGISTRATION. 
 
 104. (1.) Every British subject resident in a Consular district, 
 being of the age of twenty-one years or upwards, or being married, 
 or a widower or widow, though under that age, must, in every 
 January, register himself at the Consular Court of the district 
 within which he is resident. 
 
 (2.) Every British subject not resident in a Consular district, 
 arriving within the district of a Consular Court, unless borne on 
 the muster-roll of a British or foreign vessel, must, within one 
 month after arrival, register himself at the Consular Court. 
 
 (3.) But this provision does not require any person to register 
 himself oftener than once in a year, beginning 1st January. 
 
 (4.) The registration of a man comprises the registration of his 
 wife, if living with him ; and 
 
 (5.) The registration of the head, male or female, of a family 
 comprises the registration of all females, being relatives of such 
 head, in whatever degree, living under the same roof with him at 
 the time of his registration. 
 
 (6.) The Consul shall yearly give to each person registered a 
 certificate of registration, signed by the Consul, and sealed with 
 his Consular seal. 
 
 (7.) The name of a wife, if her registration is comprised in her 
 husband's, shall, unless in any case the Consul sees reason to the 
 contrary, be indorsed on the husband's certificate. 
 
 (8.) The names and descriptions of females whose registration 
 is comprised in that of the head of the family shall, unless in any
 
 THE AFRICA ORDER IN COUNCIL, 1889. 125 
 
 case the Consul sees reason to the contrary, be indorsed on the 
 certificate of the head of the family. 
 
 (9.) Every person on every registration shall pay a fee of 2s. 6d. 
 
 (10.) The amount of the fee may be uniform for all persons, or 
 may vary according to the position and circumstances of different 
 classes, if the Secretary of State from time to time so directs, but 
 may not in any case exceed 5s. 
 
 (11.) Every person by this provision required to register himself 
 must, unless excused by the Consul, attend personally for that 
 purpose at the Court, on each occasion of registration. 
 
 (12.) If any person fails to comply with the requirements of 
 this Article, and does not excuse his failure to the satisfaction of 
 the Consul, he is guilty of an offence against this Order, and shall 
 be liable to a fine not exceeding 5/., and any Court or authority 
 may, if it thinks fit, decline to recognize him as a British subject. 
 
 PART XY. OFFICIAL. 
 
 105. Except as in this Order expressly provided, nothing in 
 this Order shall preclude any of Her Majesty's Consular officers 
 from performing any act not of a judicial character, which Her 
 Majesty's Consular officers might by law or by virtue of usage or 
 sufferance, or otherwise, have performed if this Order had not been 
 made. 
 
 106. Whenever an Acting Consular officer has commenced the 
 hearing of any cause or matter, civil or criminal, he may, unless 
 the Consular officer otherwise directs, continue and complete the 
 hearing and determination thereof, notwithstanding that his autho- 
 rity to act as such Consular officer has otherwise ceased by reason 
 of the expiration of the time for which he was appointed to act, or 
 by reason of the happening of any event by which his authority is 
 determined. 
 
 107. Any suit or proceeding shall not be commenced in any of 
 Her Majesty's Courts against any person for anything done or 
 omitted in pursuance or execution or intended execution of this 
 Order, or of any Regulation or Rule made under it, unless notice 
 in writing is given by the intending plaintiff or prosecutor to the 
 intended defendant one clear month before the commencement of 
 the suit or proceeding, nor unless it is commenced within three 
 months next after the act or omission complained of, or in case of 
 a continuation of damage within three months next after the doing 
 of such damage has ceased.
 
 126 APPENDIX I. 
 
 The plaintiff in any such suit shall not succeed if tender of 
 sufficient amends is made by the defendant before the commence- 
 ment thereof ; and if no tender is made the defendant may by 
 leave of the Court at any time pay into Court such sum of money 
 as he thinks fit, whereupon such proceeding and Order shall be 
 had and made in and by the Court as may be had and made on 
 the payment of money into Court in an ordinary suit. 
 
 PART XVI. FEES AND EXPENSES. 
 
 108. All fees, fines, forfeitures, confiscations, and pecuniary 
 penalties, and all commissions levied or received under this Order 
 shall be accounted for, paid, and applied as a Secretary of State 
 with the concurrence of the Commissioners of Her Majesty's 
 Treasury from time to time directs. 
 
 109. Subject to the other provisions of this Order, all expenses 
 of removal of prisoners and others, and the expenses of deportation, 
 and of the sending of any person to England, shall be defrayed in 
 such manner as a Secretary of State with the concurrence of the 
 Commissioners of Her Majesty's Treasury from time to time 
 directs. 
 
 PART XVII. SUPPLEMENTAL. 
 
 110. Where, by virtue of any Imperial Act or of this Order or 
 otherwise any provisions of any Imperial Acts, or of any Law, or 
 of any Orders in Council, other than this Order are applicable 
 within any local jurisdiction or district constituted under this 
 Order, or any form, regulation, or procedure prescribed or estab- 
 lished under any such Act or Law, are, or is, so applicable, the 
 same shall be deemed applicable so far only as the constitution and 
 jurisdiction of the Courts acting under this Order and the local 
 circumstances permit, and for the purpose of facilitating applica- 
 tion may be construed or used with such alterations and adapta- 
 tions as may be necessary, and anything required to be done by 
 or to any Court, Judge, officer, or authority, may be done by or to 
 a Court, Judge, officer, or authority having the like or analogous 
 functions, or by any officer designated by a Secretary of State, or 
 by the Court (as the case may require) for that purpose, and the 
 seal of the Court may be substituted for any other seal ; and in 
 case any difficulty occurs in the application it shall be lawful for a 
 Secretary of State to direct by, and to whom, and in what manner,
 
 THE AFEICA ORDER IN COUNCIL, 1889. 127 
 
 anything is to be done, and such Act, law, order, form, regulation, 
 or procedure shall be construed accordingly. 
 
 111. Sums of money, fines, forfeitures, penalties, or fees payable 
 under this Order, shall be calculated and paid in English money, 
 or, with the consent of the Court, in its equivalent in local 
 currency or produce, or bills of exchange, approved by the Court. 
 
 112. In case Her Majesty appoints any Consul-General, Judge, 
 Commissioner or other person to exercise within the whole or part 
 of any local jurisdiction constituted under this Order appellate 
 jurisdiction in relation to Consular Courts within the limits of his 
 appointment, the following provisions shall have effect : 
 
 (1.) He shall have in all civil and criminal matters an extra- 
 ordinary original jurisdiction concurrent with that of the Judge of 
 any such Court, and such extraordinary jurisdiction shall be 
 exercised in such classes of cases or particular cases as subject to 
 the terms of his appointment or commission and to any instructions 
 of a Secretary of State he thinks fit to direct. 
 
 (2.) He shall have such other powers or authorities over the 
 Consular Courts and the officers thereof as his appointment or 
 commission may specify, and all Consular or other officers in 
 executing this Order shall, so far as such powers or authorities 
 extend, conform to his directions. 
 
 (3.) In cases in which he does not exercise original jurisdiction, 
 an appeal from a Consular Court may be brought to him in the 
 like cases and manner in which under this Order an appeal may be 
 brought to the Court of Appeal, and by his leave a further appeal 
 shall lie in like manner to the Court of Appeal. 
 
 Rules of Procedure under this Order may be made for any of 
 the purposes of this Article. 
 
 PART XVIII. COMMENCEMENT, PUBLICATION, REPEALS, AND 
 TEMPORARY PROVISIONS. 
 
 113. From the commencement of this Order the West Africa 
 Order in Council, 1885, and the Order in Council for Madagascar, 
 dated the 4th February, 1869, shall be repealed, but this repeal 
 shall not affect the past operation of those Orders, or any existing 
 right, title, obligation, or liability, or the validity of any Rules or 
 Regulations made or confirmed under those Orders, or revive any- 
 thing thereby repealed. 
 
 114. Nothing in this Order, or in any Rules made under it,
 
 128 APPENDIX I. 
 
 shall apply to, or in any manner affect, any suit or proceeding, 
 either of a civil or of a criminal nature, pending at the commence- 
 ment of this Order, either with reference to the original proceed- 
 ings therein or with reference to any appeal therein, or otherwise, 
 subject, nevertheless, as follows : 
 
 In any suit or proceeding, whether of a civil or of a criminal 
 nature, the Court before which the same is pending at the com- 
 mencement of this Order, after hearing the parties, or of its own 
 motion, or on the application of either party, or by consent, may, 
 if it seems fit, from time to time direct that the procedure and 
 practice prescribed by this Order or by any Rule made under it be 
 followed in any respect. 
 
 115. This Order shall commence and have effect as follows : 
 (1.) As to the making of any warrant or appointment under 
 
 this Order, immediately from and after the date of this Order. 
 
 (2.) As to the framing of Rules of Procedure or Regulations 
 and the approval thereof by one of Her Majesty's Principal 
 Secretaries of State, immediately from and after the date of this 
 Order. 
 
 (3.) As to the repeal of former Orders, and as to all other 
 matters and provisions comprised and contained in this Order, as 
 regards each district immediately from and after the expiration of 
 one month after this Order is first exhibited in the public office of 
 the principal Consular officer for that district ; for which purpose 
 he is hereby required forthwith, on receipt by him of a copy of 
 this Order, to affix and exhibit the same conspicuously in his 
 public office, and he is also hereby required to keep the same so 
 affixed and exhibited during one month from the first exhibition 
 thereof ; and notwithstanding anything in this Order, the time of 
 the expiration of the said month shall be deemed to be the -time of 
 the commencement of this Order. 
 
 (4.) Proof shall not in any proceeding or matter be required 
 that the provisions of this Article have been complied with, nor 
 shall any act or proceeding be invalidated by any failure to comply 
 with any of such provisions. 
 
 116. A copy of this Order shall be kept exhibited conspicuously 
 in each Consular Court. 
 
 Printed copies shall be provided and sold at such reasonable 
 price as the Consular officer, subject to any direction of a Secretary 
 of State, may fix. 
 
 And the Most Honourable the Marquis of Salisbury and the
 
 THE AFKICA ORDER IN COUNCIL, 1889. 129 
 
 Bight Honourable Lord Kmitsford, two of Her Majesty's Prin- 
 cipal Secretaries of State, and the Lords Commissioners of the 
 Treasury, and the Lords Commisioners of the Admiralty are to 
 give the necessary directions herein as to them may respectively 
 appertain. 
 
 C. L. PEEL. 
 
 SCHEDULE referred to in foregoing Order in Council. 
 
 RULES and REGULATIONS for procedure in Civil and Criminal Cases. 
 (Under Part X. of the Africa Order in Council 0/1889.) 
 
 (Expressions in these Rules and Regulations have the same meanings 
 as in the Africa Order in Council, 1889.) 
 
 PART A. GENERAL. 
 Application of Part A. 
 
 THE provisions in Part A apply to all proceedings, civil and 
 criminal. 
 
 1. Attendance of Witnesses. 
 
 (1.) In any proceeding, and at any stage thereof, the Court may 
 summon a British subject to attend to give evidence or to produce 
 documents. (Form A 2.) 
 
 (2.) Any British subject present at any proceeding in Court, may 
 be required by the Court, if the Court thinks fit, to give evidence, or 
 to produce documents. 
 
 2. Witnesses' Oath or Declaration. 
 
 (1.) Each witness, before giving evidence, takes an oath, according 
 to such ceremonies or in such form as he deems binding on his 
 conscience. In ordinary cases the form will be as follows : " I swear X 
 
 {that I will speak the truth, the whole truth, and nothing but the i 
 
 jtruth. So help me God." 
 
 (2.) But the Court, if satisfied in the case of an intended witness 
 that the taking of an oath would not bind his conscience, may permit 
 him, instead of taking an oath, to make a declaration that he will, in 
 giving evidence, tell the truth, the whole truth, and nothing but the 
 truth. 
 
 3. Oral Evidence. 
 
 (1.) Subject to the direction of the Court in any particular case, 
 each witness, after examination, is subject to be cross-examined and 
 N. K
 
 130 APPENDIX I. 
 
 re-examined. After re-examination he shall not be further questioned 
 or recalled, except through or by leave of the Court. 
 
 (2.) The Court may disallow any questions put in cross-examination 
 which appear to the Court to be irrelevant, oppressive, or merely 
 vexatious. 
 
 (3.) The Court takes a note of the substance of all the oral evidence 
 given before it, in a narrative form, but putting down, if there appears 
 reason for doing so, the terms of any particular question or answer. 
 
 4. Documentary Evidence. 
 
 (1.) Every document tendered and admitted in evidence is put in 
 and read. 
 
 (2.) Every document put in is marked by the Court at the time with 
 a distinguishing letter or number, and is retained by the Court till the 
 end of the preliminary examination or trial (as the case may be), 
 when it is returned to the party who put it in, or from whose custody 
 it came, unless the Court, for any reason, orders it to be detained in 
 the custody of the Court. 
 
 (1.) Every Court keeps a list of persons resident in the district who 
 are qualified under Part IX. of the "Africa Order in Council, 1889," 
 to be assessors. 
 
 (2.) When the presence of assessors is likely to be required at any 
 civil or criminal trial, the Court summons from among the persons 
 whose names are on the list as many as it thinks necessary. 
 
 (3.) So far as is practicable, the persons liable to attend as assessors 
 are summoned in regular order, according to the place of their names 
 in the list. 
 
 (4.) The summons to a person to attend as assessor is in writing 
 under the seal of the Court, and is served on him by being delivered 
 to him personally, unless he is at the time of service absent from his 
 usual place of abode, in which case it may be left for him there with 
 some adult inmate. (Form A3.) 
 
 (5.) The Court may, on reasonable cause shown, excuse from 
 attendance generally, or in any particular case, any person summoned, 
 or liable to be summoned, as assessor, and may for like cause 
 discharge from attendance in any particular case any person who is 
 acting as assessor therein. 
 
 (6.) If in the course of a trial one or more of the assessors is, or are 
 prevented by sufficient cause from continuing to serve, the trial may, 
 if the Court thinks fit, proceed with the aid of the remaining assessor 
 or assessors, if any. 
 
 (7.) If in any case the sole assessor is, or all the assessors are
 
 THE AFRICA ORDER IN COUNCIL, 1889. 131 
 
 prevented from continuing to serve, the proceeding shall be stayed, 
 and a new trial held with another assessor or assessors. But in a 
 case of urgent necessity, or by consent of the parties or their agents, 
 the Court may continue the trial, recording the fact and the reason for 
 so acting in the Minutes. 
 
 6. Sealing. 
 
 Every summons, judgment, order, notice, or other document issued 
 from the Court is sealed with the seal of the Court. 
 
 7. Minutes and File of Proceedings. 
 
 (1.) In every case Minutes of the proceedings at each stage are 
 drawn up in writing, signed by the Consul, and sealed with the seal of 
 the Court. 
 
 (2.) The Minutes and all other documents in the case are filed in a 
 continuous file, called the file of proceedings. 
 
 (3.) The file of proceedings must be carefully preserved among the 
 records of the Consulate. 
 
 (4.) The file of proceedings in any case is open to the inspection of 
 the assessors engaged in that case, but may not be inspected by any 
 other person except by order of the Secretary of State. 
 
 GffiNEBAL FOEMS (A). 
 
 FOEM A 1. 
 (General Heading.) 
 
 (To be used in all documents issued by the Court.} 
 The Consular Court for the district of 
 Held at under the Africa Order in Council, 1 889. 
 
 Civil Jurisdiction. 
 
 [or 
 Criminal Jurisdiction.] 
 
 With this addition in a Civil Proceeding 
 
 A. B Plaintiff. 
 
 and 
 C. D Defendant. 
 
 With this addition in a Criminal Proceeding 
 
 In the matter of a charge against A. B. 
 
 K2
 
 132 APPENDIX I. 
 
 FORM A 2. 
 Summons to Witness. 
 (General Heading.) 
 
 To of 
 
 You are required to attend this Court at on the day of 
 
 at o'clock , to give evidence in the above action 
 
 (or, concerning the above) ; [and you are required to bring with you 
 {specify documents')]. 
 
 (Seal.) 
 
 FORM A 3. 
 
 Summons to Assessor. 
 (General Heading.) 
 
 To of 
 
 You are required to attend this Court at on the day of 
 
 , at o'clock, to act as assessor at the trial of the above 
 
 action (or, of the above charge) [or, generally, of certain actions (or, 
 certain charges) then appointed to be heard]. 
 
 (Seal.) 
 
 PART B. CIVIL. 
 8. Application of Part B. 
 The provisions in Part B. apply to civil proceedings only. 
 
 CIVIL PROCEEDINGS. 
 9. Action ; Summons. 
 
 (1.) Civil proceedings are taken by action. 
 
 (2.) An action is commenced by a summons. 
 
 (3.) A summons is a document in the Form B 1, or some form to 
 the like effect, which is issued from the Court on the application of 
 the plaintiff. It contains a concise statement of the particulars of the 
 plaintiff's claim, and gives the defendant notice of the time and place 
 of trial. It is sealed with the seal of the Court. 
 
 10. Cause-book. 
 
 Every Court keeps a book called the Cause-book, in which are 
 entered all actions brought in that Court, numbered consecutively in 
 each year with a short statement of the particulars of each action, and 
 a note of the several proceedings therein. (Form B 2.)
 
 THE AFEICA ORDER IN COUNCIL, 1889. 133 
 
 11. Joinder of Causes of Action. 
 
 (1.) A plaintiff may unite in the same action several causes of 
 action or complaint. 
 
 (2.) But the Court, if it thinks that such causes of action, or some 
 of them, cannot be conveniently tried together, may order separate 
 trials. 
 
 12. Parties. 
 
 (1.) All persons may join as plaintiffs in whom the right to any 
 relief claimed is alleged to exist, whether jointly, severally, or in the 
 alternative. 
 
 (2.) All persons may be joined as defendants against whom the 
 right to any relief claimed is alleged to exist, whether jointly, 
 severally, or in the alternative. 
 
 (3.) The Court may at any stage strike out the names of parties 
 improperly or unnecessarily joined, and may, after due notice given to 
 the persons affected, add the names of parties whose presence is 
 essential to a just decision of the matter in dispute. 
 
 13. Plaintiff out of District. 
 
 (1.) Where a plaintiff, taking out a summons, either alone or 
 jointly with any other person, is out of the district or only temporarily 
 therein, he must file at the office of the Court, when the summons is 
 issued, a written statement of a fit place within the district where 
 notices and other papers issuing from the Court may be served on 
 him. 
 
 (2.) He must also give security for costs by deposit or by bond for 
 such amount as the Court directs. 
 
 (3.) The Court may, at any stage of the proceedings, order a 
 plaintiff, who has left or is about to leave the district, to give security, 
 or further or better security, for costs, to such an amount as the Court 
 thinks fit, and may direct proceedings to be stayed in the meanwhile. 
 
 14. Service. 
 
 (1.) Service is effected by an officer of the Court, and is personal, 
 unless in any case the Court thinks fit otherwise to direct. 
 
 (2.) Personal service is effected by showing to the person to be 
 served the original document, and by leaving with him a copy of the 
 document of which service is intended. 
 
 (3.) Service shall not, without the leave of the Court, be made on 
 Sunday, or before 6 A.M. or after 6 P.M. on any other day. 
 
 (4.) This rule applies to the service of a summons, orders, judg- 
 ments, and all other documents required by these Eules or the practice 
 of the Court.to be served.
 
 134 APPENDIX I. 
 
 15. Service of Summons. 
 
 (1.) The summons is delivered by the plaintiff to the officer of the 
 Court for service on the defendant (except in cases where the Court 
 thinks fit otherwise to direct) at least seven days before the day named 
 in the summons for the hearing of the action. 
 
 (2.) The date and place of service are indorsed on the original 
 summons by the person serving it. 
 
 16. Dismissal for Failure to Proceed. 
 
 If an action entered in the ca.use-book is not proceeded with and 
 disposed of within twelve months from service of the summons, the 
 Court may, if it thinks fit, upon or without application by any party, 
 order the same to be dismissed for failure to proceed. 
 
 17. Payment into Court in Satisfaction. 
 
 (1.) Where an action is brought to recover a debt or damages, any 
 defendant may, at any time after service of the summons, pay into the 
 office of the Court a sum of money by way of satisfaction or amends. 
 
 (2.) It shall be paid to the proper officer, who shall give a receipt 
 for the same. 
 
 (3.) The defendant shall give the plaintiff notice that he has paid in 
 that money, stating in respect of what claim. 
 
 (4.) Money so paid in may, unless the Court otherwise orders, be 
 paid out to the plaintiff, or to his solicitor on the written authority of 
 the plaintiff. 
 
 (5.) The plaintiff may, after receipt of notice of payment in, accept 
 the amount in satisfaction of the causes of action in respect of which it 
 is paid in ; in which case he shall give notice thereof to the defendant, 
 and the Court shall make such order thereon as shall be just. 
 
 18. Set-off and Counter-claim. 
 
 (1.) A defendant may set off or set up, by way of counter-claim 
 against the claim of the plaintiff, any right or claim. 
 
 (2.) Notice of set-off or counter-claim must be given in writing to 
 the Court, so that it may be served on the plaintiff at least four days 
 before the day fixed for the hearing of the action. (Form B 3.) 
 
 (3.) If in the opinion of the Court the set-off or counter-claim 
 cannot be conveniently tried in the pending action, the Court may 
 refuse permission to the defendant to avail himself of it in that action. 
 
 19. Death of Party or other Change. 
 
 (1.) Where, after action brought, any change or transmission of 
 interest or liability occurs in relation to any party to the action, or
 
 THE AFRICA ORDER IN COUNCIL, 1889. 135 
 
 any party to the action dies, or (being a woman) marries, or the action 
 in any other way becomes defective or incapable of being carried on, 
 any person interested may obtain from the Court any order requisite 
 for curing the defect, or enabling or compelling proper parties to 
 carry on the proceedings. 
 
 (2.) But any person served with such an order may, within such 
 time, not exceeding fourteen days, as the Court in the order or other- 
 wise directs, apply to the Court to discharge the order. 
 
 20. Depositions before Trial. 
 
 (1.) At any time after an action is begun, and before the trial, the 
 Court may take the evidence of a witness who is about to leave the 
 district, or who, from illness or old age or any other sufficient cause, is 
 not likely to be able to be present at the trial. 
 
 (2.) The evidence of such witness is taken in like manner, as nearly 
 as may be, as evidence is taken at the trial. 
 
 (3.) The note of the evidence is signed by the witness at the time, 
 and sealed with the seal of the Court. It is called a deposition. 
 
 (4.) A deposition may not, except for special reasons to be recorded 
 in the Minutes, be admitted in evidence at the trial unless it is shown 
 that the party against whom it is offered had an opportunity of cross- 
 examining the deponent. 
 
 21. Absence of Parties at Hearing. 
 
 (1.) If at the time appointed for the hearing the plaintiff does not 
 appear, the Court may strike out the action, and make such order as 
 to costs in favour of any defendant appearing as the Court thinks 
 just. 
 
 (2.) If the plaintiff a second time in like manner fails to appear, 
 the Court shall, unless it sees good reason to the contrary, dismiss the 
 summons, which dismissal shall have the like effect as a judgment for 
 the defendant on the merits at the hearing. 
 
 (3.) If at the time appointed for the hearing the plaintiff appears, 
 but the defendant, or any of the defendants, does not appear, the 
 Court, before hearing the action, inquires into the service of the 
 summons on the absent party or parties. 
 
 (4.) The Court, if not satisfied respecting service on every party, 
 may order that further service be made as the Court directs, and may 
 adjourn the hearing for that purpose. 
 
 (5.) The Court, on being satisfied respecting service on every party, 
 may, if it thinks fit, proceed to hear the action, notwithstanding the 
 absence of the defendant, or of any of the defendants. 
 
 (6.) If the Court hears the action, and makes an order against a 
 defendant in his absence, the Court may afterwards, on such terms as
 
 136 APPENDIX I. 
 
 the Court thinks fit, re-hear the action, on proof that his absence was 
 excusable, and that he has a defence on the merits. 
 
 22. Hearing. 
 
 (1.) The hearing takes place in open Court. 
 
 (2.) The Court may postpone or adjourn the hearing when and as 
 often as justice requires. 
 
 23. Judgment. 
 
 (1.) The judgment of the Court is delivered in open Court, and 
 recorded in the Minutes. 
 
 (2.) Where the grounds of the judgment are stated in writing, the 
 written statement, or a copy signed by the Consular Officer holding 
 the Court, is filed on the file of proceedings. 
 
 (3.) Where the Court reserves judgment, the parties are served 
 with notice to attend and hear judgment, unless the Court at the 
 hearing states the day on which judgment will be delivered. 
 
 (4.) All parties are deemed to have notice of the judgment if 
 pronounced at the hearing. 
 
 (5.) All parties served with notice to attend and hear judgment are 
 deemed to have notice of the judgment when pronounced. 
 
 24. Costs. 
 
 (1.) In every action the costs of the whole action, and of each 
 particular proceeding therein, and the costs of every proceeding in the 
 Court, are in the discretion of the Court, as regards the person by 
 whom they are to be paid. 
 
 (2.) But the Court shall not order the successful party in an action 
 to pay to the unsuccessful party the costs of the whole action, 
 although the Court may order the successful party, notwithstanding 
 his success in the action, to pay the costs of any particular proceeding 
 therein. 
 
 (3.) The Court may order any costs to be paid out of any fund or 
 property to which an action or proceeding relates. 
 
 (4.) Where the Court orders costs to be paid by any party, the 
 Court may, if it thinks fit, order all proceedings by, or on behalf of 
 that party in the same action or proceeding, or connected therewith, to 
 be stayed until the costs are paid. 
 
 (5.) When the Court adjudges or orders any costs to be paid, the 
 amount of such costs is, if practicable, fixed by the Court at the time 
 of making the judgment or order, and named therein. 
 
 (6.) In fixing the amount of costs the principle to be observed is 
 that the party who is in the right is to be indemnified for the expense 
 to which he has been necessarily put in establishing his claim, defence,
 
 THE AFKICA ORDER IN COUNCIL, 1889. 137 
 
 or counter-claim, but the Court takes into account all the circumstances 
 of the case. 
 
 25. Judgments and Orders. 
 
 (1.) Upon the application of any party to an action a judgment or 
 order shall be drawn up in the Form B 4, or some Form to the like 
 effect. It shall, when drawn up, bear the date of the day when it was 
 given or made, and shall be copied in full in the Minutes. 
 
 (2.) When a judgment or order is drawn up the Court certifies it 
 by affixing to it the seal of the Court, and the order so certified is 
 handed to the party applying for it. 
 
 (3.) Until a judgment or order has been drawn up and certified it 
 cannot be served or enforced, or appealed against. 
 
 (4.) Any party to an action is entitled, on paying a reasonable sum 
 for the expense of copying, to an office copy (that is, a copy certified 
 by the seal of the Court) of any judgment or order which has been 
 drawn up and entered. 
 
 26. Operation of Judgment. 
 
 (1.) A judgment or order for the payment of money may, as the 
 Court thinks fit, order the money to be paid either at once or by 
 specified instalments, or after the expiration of a specified time. 
 
 (2.) A judgment or order requiring any person to do any act other 
 than the payment of money, or to abstain from doing anything, may, 
 according as the Court directs, take effect at once or after the expira- 
 tion of a specified time. 
 
 (3.) The Court may at any time stay execution of a judgment or 
 order upon such terms as it thinks fit. 
 
 27. Payment of Money ordered to be paid. 
 
 (1.) All money ordered by any judgment or order of the Court to 
 be paid by any person must be paid into an office of the Court unless 
 the Court otherwise directs. 
 
 (2.) Money so paid in is paid out by the Court to the person entitled 
 thereto. 
 
 28. Execution. Generally. 
 
 (1.) Execution of a judgment or order does not issue against a 
 party who has not been served with the judgment or order. 
 
 (2.) A judgment or order may not, in general, be served or enforced 
 out of the district of the Court. 
 
 (3.) But the Court may, for special reasons to be recorded in the 
 Minutes, direct that any particular judgment or order be served or 
 enforced out of that district. 
 
 (4.) When the Court is satisfied that a judgment or order has been
 
 138 APPENDIX I. 
 
 served and not obeyed, the Court, on the application of the person 
 entitled to the benefit of the judgment or order, unless it sees good 
 reason to the contrary, issues execution. 
 
 (5.) When default is made in paying an instalment under a 
 judgment or order ordering the payment of money by instalments, 
 execution may issue for the whole sum then remaining unpaid unless 
 the Court otherwise directs. 
 
 29. Execution of Judgments or Orders for the Payment of Money. 
 
 (1.) The person entitled to the benefit of a judgment or order for 
 the payment of money is called the judgment creditor. 
 
 (2.) The person bound by such judgment or order is called the 
 judgment debtor. 
 
 (3.) Execution of the judgment or order for the payment of money 
 is 
 
 (a.) By seizure and sale of the judgment debtor's goods, or 
 
 (5.) By attachment of debts due to the judgment debtor, or 
 
 (c.) By both the above-mentioned processes, or 
 
 (e?.) In certain cases, by sale of the judgment debtor's lands. 
 
 30. Seizure and Sale. 
 
 (1.) On the application of a judgment creditor the Court issues a 
 warrant of seizure and sale, directing an officer of the Court therein 
 named to levy the money due, together with the costs of the execution, 
 by seizure and sale of the goods of the judgment debtor wheresoever 
 found within the district. (Form B 5.) 
 
 (2.) The sum due, and the further sum to be levied for costs of the 
 execution, are indorsed on the warrant. 
 
 (3.) The sale of the goods seized shall be made by order of the 
 Court, and shall be conducted under the direction of the Court, and by 
 a person nominated by the Court. 
 
 (4.) But no steps shall be taken therein without the demand of the 
 judgment creditor. 
 
 (5.) The judgment creditor shall be liable for any damage recover- 
 able in consequence of any proceeding taken at his instance. 
 
 (6.) The sale shall not be made until after the end of five days 
 at least next following the day of seizure, unless the goods are of 
 a perishable nature, or on the request, in writing, of the judgment 
 debtor, or under order of the Court, made for reasons recorded in the 
 Minutes. 
 
 (7.) Until sale the goods shall be deposited by the officer in some fit 
 place, or they may remain in the custody of a fit person approved by 
 the Court, and put into possession by the officer. 
 
 (8.) The Court shall not order the sale of the goods seized unless it
 
 THE AFEICA OKDER IN COUNCIL, 1889. 139 
 
 is proved that they belong to the judgment debtor, and are in a place 
 where the Court has jurisdiction. 
 
 (9.) Where a claim is made by a third party to the goods, or part 
 thereof, the same, if made by a British subject, or British-protected 
 person, shall be decided by the Court in a summary way, as between 
 the claimant and the judgment creditor. 
 
 (10.) If the claim is made by a native of Africa or foreigner, the 
 Court may, if it thinks fit, either oblige the judgment creditor to 
 establish his claim before selling the goods, or sell the goods and 
 require the judgment creditor to defend any claim. 
 
 (11.) The officer executing a warrant of seizure and sale may, 
 by virtue thereof, seize any money, bank-notes, bills of exchange, 
 promissory notes, bonds, or securities for money belonging to the 
 judgment debtor. 
 
 (12.) The Court shall hold the property or instruments seized, other 
 than money and securities immediately convertible into money, as 
 security for the amount directed to be levied, or so much thereof as is 
 not otherwise levied, for the benefit of the judgment creditor. 
 
 (13.) The judgment creditor may sue in the name of the judgment 
 debtor, or in the name of any person in whose name the judgment 
 debtor might have sued, for the recovery of the money secured or 
 made payable by any instrument seized, when the time for suing 
 arrives. 
 
 (14.) If before or after seizure the judgment debtor, by payment 
 into Court, or to the officer executing the warrant, satisfies the 
 execution, the warrant shall be superseded, and the goods and 
 property and instruments seized shall be released and delivered up. 
 
 31. Attachment of Debts, 
 
 (1.) Execution by way of attachment of debts is granted when the 
 judgment creditor satisfies the Court that another person (called the 
 garnishee) is indebted to the judgment debtor, and is within the 
 jurisdiction of the Court. 
 
 (2.) The Court may summon the garnishee and the judgment debtor 
 to attend and be examined. 
 
 (3.) If the garnishee upon such examination disputes his liability 
 to the judgment debtor, or alleges that the debt sought to be attached 
 belongs to some third person, the Court takes such proceedings as it 
 thinks necessary to determine the garnishee's liability, and may, if 
 such third person is within the jurisdiction, summon such third person 
 or any other necessary witness to attend, and may bar or otherwise 
 deal with such third person's claim. 
 
 (4.) If the garnishee admits, or the Court after such proceedings as 
 aforesaid is satisfied, that there is a liquidated sum then due from the
 
 140 APPENDIX I. 
 
 garnishee to the judgment debtor, the Court may order the garnishee 
 to pay into Court the amount so due, or so much thereof as is sufficient 
 to satisfy the claim of the judgment creditor. (Form B 6.) 
 
 (5.) If the garnishee disobeys the order for payment, the Court may 
 issue a warrant of seizure and sale against his goods. 
 
 (6.) Payment made by, or execution levied upon, the garnishee 
 under an order for payment, is a valid discharge to him as against the 
 judgment debtor to the amount paid or levied. 
 
 32. Sale of Lands. 
 
 (1.) When the judgment debtor is beneficially entitled to any 
 interest in any lands within the district, and the Court is satisfied that 
 there is no other property of the judgment debtor available for execu- 
 tion, the Court may, on the application of the judgment creditor, issue 
 a warrant directing an officer of the Court to sell the interests of the 
 judgment debtor in such lands at such time and in such manner as 
 under the circumstances the Court think just and reasonable. (Form 
 B7.) 
 
 (2.) The proceeds of the sale shall be paid into Court. 
 
 (3.) Before issuing such warrant, the Court may inquire, if it thinks 
 fit, into the nature and extent of the judgment debtor's interest, and 
 for the purpose of such inquiry may summon the judgment debtor and 
 other witnesses to attend. 
 
 33. Committal of Judgment Debtor. 
 
 (1.) Where a judgment or order for the payment of money remains 
 after service wholly or in part unsatisfied, whether execution has 
 issued or not, the Court may, on the application of the judgment 
 creditor, summon the judgment debtor to attend and be examined as 
 to his ability to pay. (Form B 8.) 
 
 (2.) The judgment debtor if he appears, and whether the judgment 
 debtor appears or not, any other witnesses whom the Court thinks fit 
 to summon may then be examined on oath as to the circumstances 
 under which the judgment debtor incurred the debt or liability and as 
 to his ability then and since and at the time of the examination, to 
 satisfy such debt or liability. 
 
 (3.) The Court may, if it thinks fit, adjourn the examination from 
 time to time, and require from the judgment debtor security for his 
 appearance, and in default of his finding security, may, by order, 
 commit him until the adjourned hearing, to the custody of an officer of 
 the Court. 
 
 34. 
 
 If it appears to the Court, by the examination of the judgment 
 debtor or other evidence 
 
 (1.) That the judgment debtor then has, or, since the making of the
 
 THE AFRICA ORDEK IN COUNCIL, 1889. 141 
 
 order, lias had sufficient means to pay the money directed to be paid 
 by him, and he refuses or neglects to pay the same according to the 
 order; or 
 
 (2.) That, with intent to defraud his creditors, or any of them, he 
 has made or suffered any gift, delivery, or transfer of any property, or 
 charged, removed, or concealed any property ; or 
 
 (3.) That the debt or liability in question has been contracted or 
 incurred by him, by or by reason of fraud, or false pretence, or breach 
 of trust, committed by him ; or 
 
 (4.) That forbearance thereof was obtained by him by fraud or false 
 pretence ; or 
 
 (5.) That the debt or liability was wilfully contracted or incurred 
 by him without his having at the same time a reasonable expectation 
 of being able to pay or discharge it ; 
 
 Then, and in any such case, the Court may, if it thinks fit, by order 
 commit him to prison for any time not exceeding forty days, and may 
 issue its warrant accordingly. (Form B 9.) 
 
 The order, and the grounds on which it is made, must be recorded 
 in the Minutes. 
 
 35. 
 
 On the examination, the Court, if it thinks fit, whether it makes an 
 order for commitment or not, may rescind or alter any order for the 
 payment of money, by instalments or otherwise, and may make any 
 further or other order, either for payment of the whole amount 
 forthwith, or by instalments, or in any other manner, as the Court 
 thinks fit. 
 
 36. 
 
 (1.) The expenses of the judgment debtor's maintenance in prison 
 shall be defrayed, in the first instance, by the judgment creditor, and 
 may be recovered by him from the judgment debtor, as the Court 
 directs. 
 
 (2.) The expenses shall be estimated by the Court, and shall be paid 
 by the judgment creditor at such times and in such manner as the 
 Court directs. 
 
 (3.) In default of payment, the judgment debtor may be discharged, 
 if the Court thinks fit. 
 
 37. 
 
 (1.) Imprisonment of a judgment debtor under the foregoing pro- 
 visions shall not operate as a satisfaction or extinguishment of the 
 debt or liability to which the order relates, or protect the debtor from 
 being anew imprisoned for any new fraud, or other default making 
 him liable to be imprisoned, or deprive the judgment creditor of any 
 right to have execution against his goods, as if there had not been 
 such imprisonment.
 
 142 APPENDIX I. 
 
 (2.) The judgment debtor, on paying at any time the amount 
 ordered to be paid, and all costs and expenses, shall be discharged. 
 
 38. Execution of Judgments or Orders other than those for the 
 Payment of Money. 
 
 (1.) A judgment or order which orders a person to do any act other 
 than the payment of money, or to abstain from doing anything, is 
 executed by arrest, or by sequestration, or by both processes. 
 
 (2.) The copy of such a judgment or order served on the person 
 required to obey it is indorsed with a memorandum in the words or to 
 the effect following : 
 
 "If you, the within-named A. B., neglect to obey this order within 
 the time therein appointed, you will be liable to be arrested, and your 
 property may be sequestered." 
 
 39. Arrest. 
 
 (1.) Where the person directed to do or abstain from doing the act 
 fails to obey the order, the person prosecuting the order may apply to 
 the Court for a warrant for the arrest of the disobedient person. 
 
 (2.) Thereupon the Court shall, unless it sees good reason to the 
 contrary, issue a warrant ordering and empowering an officer of the 
 Court therein named to take the body of the disobedient person, and 
 detain him in custody until further order. (Form B 10.) 
 
 (3.) He shall be liable to be detained in custody until he has obeyed 
 the Order in all things that are to be immediately performed, and has 
 given such security as the Court thinks fit to obey the order in other 
 respects (if any), at the future times thereby appointed ; or, in case of 
 his no longer having the power to obey the order, then until he has 
 been imprisoned for such time, not exceeding thirty days, or until he 
 has paid such fine, not exceeding ten pounds, as the Court thinks fit. 
 
 40. Sequestration. 
 
 (1.) In case the person against whom a warrant of arrest issues is 
 not and cannot be found, or is taken and detained in custody without 
 obeying the order, then the person prosecuting the order may apply 
 to the Court for a warrant of sequestration against his property. 
 
 (2.) The warrant of sequestration empowers and directs the person 
 or persons therein named, called the sequestrators, to enter upon and 
 seize all the real and personal estate within the district of the person 
 against whom the order issues, and to keep the same and the rents 
 and profits thereof until such last-named person shall appear before 
 the Court and clear his contempt, or until the Court shall otherwise 
 order. (Form B 11.) 
 
 (3.) The Court may order, out of the proceeds of the sequestration,
 
 THE AFKICA ORDER IN COUNCIL, 1889. 143 
 
 payment of all charges attending its execution, including such reason- 
 able remuneration to the sequestrators as the Court may allow. 
 
 41. Injunctions and Orders before Action. 
 
 (1.) On proof of urgency or other peculiar circumstances, the Court 
 may, if it thinks fit, before service of a summons and without notice, 
 make an order of injunction, or an order to sequester money or goods, 
 or to stop the clearances of a vessel, or to hold to bail, or to attach 
 property. 
 
 (2.) Before making the order the Court shall require the person 
 applying for it to enter into a recognisance, with or without a surety 
 or sureties, as the Court thinks fit, as security for his being answerable 
 in damages to the person against whom the order is sought. 
 
 (3.) The order shall not remain in force more than twenty-four 
 hours, and shall, at the end of that time, wholly cease to be in force, 
 unless within that time an action is regularly brought by the person 
 obtaining the order. 
 
 (4.) The order shall be dealt with in the action as the Court thinks 
 just. 
 
 APPEALS. 
 
 42. Time of Appeal. 
 
 (1.) In the case of a judgment or order which cannot be appealed 
 from without leave, leave to appeal may not be applied for after one 
 month from the delivery of the decision of the Court. 
 
 (2.) In other cases notice of appeal must be given within two 
 months from the date of the decision. 
 
 43. Notice of Appeal. 
 
 (1.) The appellant transmits to the Court a written notice of appeal 
 stating concisely the extent and the grounds of his appeal. 
 
 (2.) He must, within seven days after transmitting such notice, give 
 such security as the Court directs, that he will prosecute the appeal 
 and pay the costs if unsuccessful. 
 
 (3.) He must, within the same time, pay into Court the sum 
 estimated by the Court as the cost of making up and transmitting the 
 record to the Court of Appeal. 
 
 44. Service. 
 
 When the appellant has complied with the conditions of Eule 46, 
 the Court serves the notice of appeal on the respondent, who shall, 
 within fourteen days from the service thereof, give notice of cross 
 appeal, if any.
 
 144 APPENDIX I. 
 
 45. Making up and transmitting Record. 
 
 (1.) The Court then makes up the record of appeal, which includes 
 certified copies of the summons, of any orders made in the action, of 
 all written and documentary evidence admitted or tendered, of the 
 notes of the oral evidence, and of the notice of appeal. 
 
 (2.) The several pieces are fastened together and numbered conse- 
 cutively, and the whole is secured by the seal of the Court, and 
 forwarded by the Court to the Court of Appeal. 
 
 (3.) No original document shall, except under special circumstances, 
 be transmitted as part of the record. 
 
 (4.) After the record of appeal is transmitted until the appeal is 
 disposed of, the Court of Appeal is in possession of the whole action as 
 between the parties to the appeal. 
 
 (5.) The order made on the appeal by the Court of Appeal is, when 
 duly certified and transmitted to the Court below, enforced by the 
 latter Court in the same manner as one of its own orders. 
 
 46. Stay of Execution on Appeal. 
 
 (1.) When leave to appeal or a notice of appeal is given before the 
 judgment or order appealed against has been obeyed or enforced, the 
 Court may, as it thinks fit, either direct immediate execution, or sus- 
 pend execution pending the appeal. 
 
 (2.) If the Court directs immediate execution, it may require the 
 person entitled to execution to give security before execution for the 
 performance of the order to be made on appeal. 
 
 (3.) If the Court suspends execution it may require the appellant to 
 give security before the order for suspension issues to the amount of 
 the judgment or order appealed against. 
 
 47. Time. 
 
 (1.) Where any particular number of days is prescribed for doing 
 anything by these Rules, or by any judgment order or Rule of the 
 Court, the same shall be reckoned exclusively of the first day and 
 inclusively of the last, unless clear days are mentioned. 
 
 (2.) Where the days prescribed are less than six days, Sundays are 
 not to be reckoned in the computation. 
 
 (3.) Where the time prescribed for doing anything by these Rules, 
 or by any judgment order or Rule of the Court expires on Sunday, 
 the act or proceeding will be done or taken in due time if done or 
 taken on the next day.
 
 THE AFKICA OEDEK IN COUNCIL, 1889. 145 
 
 48. General Powers of the Court. 
 
 (1.) Every application in the course of an action may be made to 
 the Court orally and without previous formality, unless in any case 
 the Court otherwise directs. 
 
 (2.) The Court may, as often as it thinks fit, and either before or 
 after the expiration of the time appointed by these Rules, or by any 
 Judgment Order or Rule of the Court, extend or adjourn the time for 
 doing any act or taking any proceeding. 
 
 (3.) No action or proceeding shall be treated by the Court as invalid 
 on account of any technical or formal error. 
 
 (4.) All errors and mistakes may be corrected, and all amendments 
 made, and non-compliance with any of the rules of practice excused, 
 by the Court upon such terms as to costs or otherwise as it thinks just 
 and reasonable. 
 
 FORMS. (CIVIL.) 
 II. CIVIL (IN GENERAL). 
 
 B 1. 
 Summons for Commencement of Action. 
 
 (General Heading.) 
 
 To C. D., of [ ], defendant. 
 
 You are required to attend this Court on [Thursday] the 
 day of , 18 , at [ten] o'clock A.M., being the time 
 
 appointed for the hearing of an action brought against you by the 
 plaintiff, A. B., of , the particulars of the claim being 
 
 stated below. 
 
 If you fail to attend according to this summons, the plaintiff may 
 proceed, and the Court may give judgment in your absence. 
 
 (Seal.) 
 
 Particulars of Claim. 
 
 The plaintiff's claim is 
 
 [To recover for the price of goods sold.] 
 
 or 
 [To recover for the use and occupation of a house.] 
 
 or 
 
 [To have an account taken of the partnership dealings between 
 the plaintiff and defendant, and to have the affairs of the partnership 
 wound up.] 
 
 or 
 
 [For for damages for negligence in the custody of goods, and 
 for wrongful detention thereof.] 
 
 Jf. L
 
 146 
 
 APPENDIX I. 
 
 [As executor (or administrator) of K. L., late of , deceased, 
 
 for .] 
 
 or 
 
 [Against the defendant as executor (or administrator) of M. N., 
 late of , deceased, for .] 
 
 \_Or as the case may be.~\ 
 
 [Print on form.'] NOTE. The officer of the Court may fill up the particulars if 
 the plaintiff requests him to do so. 
 
 Indorsements on Original Summons. 
 In the Consular Court for 
 
 B. v. D. 
 
 Summons 
 
 with 
 
 Particulars of Claim. 
 Issued under the Africa Order in Council of 1889, Rule 
 
 For hearing on [Thursday], the day of ,18 , at [10] 
 
 o'clock in the morning. 
 
 Served by on the within-named C. D., on [Thursday], the 
 
 day of , at o'clock, at personally [or as the 
 
 case may be.~\ 
 
 (Signature of officer effecting service.) 
 
 [Print on form.'] NOTE. This should be filled up forthwith after service, by the 
 officer effecting it. 
 
 B2. 
 
 Form of Cause Book. 
 Suits in the year 18 
 
 
 
 
 
 S 
 
 
 
 
 
 a 
 
 
 
 
 tfl 
 
 al 
 
 1 
 
 -w 
 
 
 i 
 
 
 
 o. of Action. 
 
 ite of Original 
 Summons. 
 
 ame, Descriptio 
 and Place of A 
 of Plaintiff. 
 
 amp, DeHcriptio 
 and Place of A 
 of Defendant. 
 
 irticulars of Cla 
 
 ate of Hearing. 
 ate of Judgmen 
 
 ate of Appeal, 
 idgmetit on Ap 
 
 irtiruliirs of 
 Execution orde 
 
 eturn of Execul 
 
 
 I 
 
 1 
 
 ft 
 
 Q 
 
 fc 
 
 to 
 
 P* 
 
 GO 
 
 az 
 
 A 
 
 A 
 
 
 
 S 
 
 
 
 
 
 
 
 
 
 

 
 THE AFRICA ORDER IN COUNCIL, 1889. 147 
 
 B3. 
 
 Notice of Set-off or Counter-claim. 
 (General Heading.) 
 
 To the Court. 
 
 Take notice that the defendant will rely on a set-off or counter- 
 claim of which the following are the particulars : 
 
 (Signed) 
 
 Defendant. 
 
 [This notice, unless the Court requires the counter-claim to be separately 
 tried, is to be sealed by the Court and served by the Officer of the Court 
 on the plaintiff.^ 
 
 B4. 
 
 Judgment at Trial (as drawn up], 
 (General Heading.) 
 
 (Date.) 
 
 This action having on the day of come on for trial 
 
 It is this day adjudged that 
 
 (Seal.) 
 
 B5. 
 
 Warrant of Seizure and Sale. 
 (General Heading.) 
 
 To X. Y., Officer of this Court. 
 
 You are hereby commanded to seize the goods of C. D., and by 
 sale thereof, or of a sufficient part thereof, to levy the sum of , 
 
 and also interest thereon at the rate of per centum per annum 
 
 from the day of ,* which said sum of money and interest 
 
 were in this action by Order dated the day of ordered 
 
 to be paid by the defendant C. D. to E. F. And further the sum 
 of for costs in the said Order mentioned, together with interest 
 
 thereon at the rate of per centum per annum from the 
 
 day of ,* and forthwith after the execution of this warrant you 
 
 shall return the same to this Court, with the place, time, and mode 
 of execution indorsed thereon, and with the money levied thereunder. 
 
 (Seal.) 
 
 * Day of the Judgment or Order, or day on which money directed to be paid, 
 or day from which interest is directed by the Order to run, as the case may be. 
 
 1.2
 
 148 APPENDIX I. 
 
 B6. 
 
 Order to Garnishee to pay Judgment Creditor. 
 (General Heading.) 
 
 Whereas, the above-named A. B. [judgment debtor] has been 
 ordered by this Court in the above action to pay to the above-named 
 C. D. [judgment creditor] , the whole of which sum is [or of 
 
 which sum are] still unpaid ; and whereas it has been proved 
 
 to the Court that you are indebted to the said A. B. in : 
 
 you are hereby required to pay to the said C. D. the debt so due 
 from you to the said A. B., or so much thereof as may be sufficient 
 to satisfy the sum due under the said Order from the said A. B. to 
 the said C, D.; and in default of your doing so, take notice that 
 execution may issue against you. 
 
 (Seal.) 
 
 B7. 
 
 Warrant for Sale of Lands. 
 (General Heading.) 
 
 To , Officer of the Court. 
 
 You are hereby commanded to sell the right, title, and interests of 
 the above-named C. D. [judgment debtor] in the lands, tenements, 
 and hereditaments specified in the Schedule here under written [here 
 insert any directions as to the time and mode of sale^ : and forthwith, 
 after the execution of this warrant, you are to return the same to this 
 Court, with the place, time, and mode of execution indorsed thereon, 
 and with the proceeds of such sale. 
 Schedule : 
 
 (Seal.) 
 
 B8. 
 
 Judgment Debtor Summons. 
 (General Heading.) 
 
 To , the above-named defendant. 
 
 You are hereby required to appear before this Court at on 
 
 the day of , at o'clock in the forenoon, then and 
 
 there to be examined respecting your ability to satisfy the Judgment 
 recovered [or Order made] against you in the above suit. 
 
 (Seal.)
 
 THE AFRICA ORDER IN COUNCIL, 1889. 149 
 
 B9. 
 
 Warrant for Committal of Judgment Debtor. 
 (General Heading.) 
 
 To X. Y., , Officer of the Court. 
 
 The Court has this day ordered that the above-named C. D. be 
 imprisoned as a judgment debtor for from the day of the Order 
 
 . You are therefore hereby commanded, you, the said X. Y., 
 to take the body of the said C. D., and convey him to the above- 
 mentioned prison, and there deliver him to the keeper thereof with 
 this warrant. 
 
 And you, the keeper of that prison, to receive the said A. B. into 
 your custody, and there to keep him safely for the time aforesaid. 
 
 Dated this 
 
 (Seal.) 
 
 B 10. 
 
 Warrant of Arrest \_for Disobedience to a Judgment or Order J] 
 (General Heading.) 
 
 To X. Y., Officer of this Court, and to the Keeper of the Prison 
 at 
 
 It has been shown to the Court that C. D., the above-named defen- 
 dant [plaintiff] has failed to obey a Judgment [or Order] of the Court, 
 dated , whereby the said C. D. was required to 
 
 You are therefore hereby required, you, the said X. Y., to take the 
 body of the said C. D., and to convey him to the above-mentioned 
 prison, and there deliver him to the keeper thereof, with this warrant. 
 
 And you, the keeper of that prison, to receive the said A. B. into 
 your custody, and there keep him safely until the Court makes order 
 to the contrary. 
 
 Dated, &c. 
 
 (Seal.) 
 
 B 11. 
 
 Warrant of Sequestration. 
 (General Heading.) 
 
 To P. Q. [and X. Y.~] 
 
 It has been shown to the Court that C. D., the above-named defen- 
 dant [plaintiff], has failed to obey a Judgment [or Order] of the Court, 
 dated , whereby the said C. D. was required to 
 
 You are therefore hereby authorised and commanded to enter upon 
 and seize all the real and personal estate of the said C. D. within the
 
 150 APPENDIX I. 
 
 district of this Court, and to collect and receive the rents and profits 
 thereof, and to detain and keep the same under sequestration in your 
 hands until the said C. D. shall appear before the Court and clear his 
 contempt, or the Court shall make other Order. 
 
 (Seal.) 
 
 B 12. 
 
 Affidavit of attesting Witness in Proof of the Execution of a Will or 
 Codicil dated after 3\st December, 1837. 
 
 (General Heading.) 
 In the matter of A. B., deceased. 
 
 I, C. D., of , make oath and say that I am one of the sub- 
 
 scribing witnesses to the last Will [or Codicil, as the case may be~\ of 
 A. B., late of , deceased, the said Will [or Codicil] being now 
 
 hereto annexed, bearing date , and that the testator executed 
 
 the said Will [or Codicil] on the day of the date thereof, by signing 
 his name at the foot or end thereof [or in the testimonium clause 
 thereof, or in the attestation clause thereto, as the case may be~], as the 
 same now appears thereon, (') in the presence of me and of , 
 
 the other subscribed witness thereto, both of us being present at the 
 same time, and we thereupon attested and subscribed the said Will 
 [or Codicil] in the presence of the testator. 
 
 C. D. 
 
 Sworn at , this day of , i 
 
 18 , before me, X. Y. 
 
 (') If the signature is in the testimonium clause or attestation clause, insert, 
 " intending the same for his final signature to his Will." 
 
 B 13. 
 
 Oath for Executor. 
 
 (General Heading.) 
 
 In the matter of A. B., deceased. 
 
 I, C. Z)., of ( ! ) , make oath and say that I believe the paper 
 
 writing [or the paper writings] hereto annexed and marked by me ( 3 ) 
 to contain the true and original last Will [or last Will with 
 Codicils] of A. B., late of , deceased, and that I am the sole 
 
 executor [or one of the executors] therein named [or executor accord- 
 ing to the tenor thereof, executor during life, executrix during widow- 
 hood, or as the case may oe], and that I will faithfully administer the 
 personal property of the testator by paying his just debts and the 
 legacies given by his Will [or Will and Codicils], so far as his
 
 THE AFRICA ORDER IN COUNCIL, 1889. 151 
 
 personal property shall extend and the law bind me ; that I will 
 exhibit an inventory, and render an account of my executorship, 
 whenever lawfully required ; that the testator died at , on the 
 
 day of ,18; that at the time of his death he had his 
 
 fixed place of abode at , within the jurisdiction of this Court ; 
 
 and that the whole of his personal property does not amount in value 
 to the sum of , to the best of my knowledge, information, and 
 
 belief. C. D. 
 
 Sworn at , this day of , } 
 
 18 , before me, E. F. } 
 
 (!) Insert besides the name, &c., of the deponent his relationship, if any, to the 
 testator. 
 
 ( 2 ) Each testamentary paper is to be marked by the persons sworn and the person 
 administering the oath. 
 
 Where more executors than one are appointed, and all are not sworn, a memo- 
 randum should be made in the margin of the oath that power is to be reserved to 
 the other executors or executor, or that they have or he has renounced. 
 
 B 14. 
 Oath for Administrator ivith Will annexed. 
 
 (General Heading.) 
 In the matter of A. B., deceased. 
 
 I, C. D., of make oath and say that I believe the paper 
 
 writing [or the paper writings] hereto annexed, and marked by 
 me (\) to contain the true and original last Will [or last Will with 
 Codicils] of A. ., late of , deceased; that the executor 
 
 therein named is dead without having taken probate thereof [or as 
 the fact may be~] ; that I am the residuary legatee in trust named 
 therein [or as the fact may be, stating the relationship, if any, of the 
 deponent to the testator} ; that I will faithfully administer the per- 
 sonal property of the testator, by paying his just debts and the 
 legacies given by his Will [or Will and Codicils] so far as 
 
 his personal property shall extend and the law bind me, and dis- 
 tributing the residue of his personal property according to law ; that 
 I will exhibit an inventory and render an account of my administration 
 whenever lawfully required ; that the testator died at , on the 
 
 day of , 18 ; that at the time of his death he had his 
 
 fixed place of abode at , within the jurisdiction of this Court; 
 
 and that the whole of his personal property does not amount in value 
 to the sum of , to the best of my knowledge, information, and 
 
 belief. C. D. 
 
 Sworn at , this day of 
 
 18 , before me, E. F. 
 
 ( J ) Each testamentary paper is to be marked by the persons sworn and the person 
 administering the oath.
 
 152 APPENDIX 1. 
 
 B 15. 
 
 Oath for Administrator (not with Will annexed}. 
 
 (General Heading.) 
 In the matter of A. B., deceased. 
 
 I, C. D., of , make oath and say that A. ., late of , 
 
 deceased, died intestate, a bachelor, without parent, brother or sister, 
 uncle or aunt, nephew or niece, and that I am his lawful cousin 
 german and one of his next of kin [Mi* must be altered in accordance 
 with the circumstances of the case] ; that I will faithfully administer 
 the personal property of the deceased, by paying his just debts and 
 distributing the residue of his property according to Law ; that I will 
 exhibit an inventory and render an account of my administration 
 whenever lawfully required ; that the deceased died at , on the 
 
 day of , 18 ; that at the time of his death he had his 
 
 fixed place of abode at , within the jurisdiction of this Court ; 
 
 and that the whole of his personal property does not amount in value 
 to the sum of , to the best of my knowledge, information, and 
 
 belief. 
 
 C. D. 
 
 Sworn at , this day of , } 
 
 18 , before me, E. F. \ 
 
 B 16. 
 
 Probate. 
 
 (General Heading.) 
 
 Be it known, that on the day of , 18 , the 
 
 last Will [or the last Will with Codicils] (a copy 
 
 whereof is hereto annexed) of A. ., late of deceased, 
 who died on , at , and who at the time of his 
 
 death had his fixed place of abode at , within the 
 
 jurisdiction of this Court, was proved and registered in 
 this Court ; and that the administration of the personal 
 property of the said deceased was granted by this Court to 
 C. D., the sole executor [or as the case may be~\ named in 
 the said Will, he having been first duly sworn. 
 
 X. ., 
 
 H. B. M. Consul at 
 (Seal.)
 
 THE AFRICA ORDER IN COUNCIL, 1889. 153 
 
 B 17. 
 
 Letters of Administration with Will annexed. 
 (Q-eneral Heading.) 
 
 ~ ' Be it known, that A. B., late of , deceased, who 
 
 " died on the day of , at , and who had at 
 
 "S ^ the time of his death his fixed place of abode at , 
 
 -8 I 4 within the jurisdiction of this Court, made and duly 
 
 executed his last Will [or his last Will with Codicils 
 
 t *> L 
 
 " thereto], and did therein name \_according to the facts~\. 
 
 ^ 4j 4 And be it further known that on the day of , 
 
 if "3 "S 18 , Letters of Administration with the said Will [and 
 
 s ^ * Codicils] annexed of the personal property of the deceased 
 
 ^ 1 j. oo were granted by this Court to C. D. [insert the character 
 
 5 in ivhich the grant is taken^, he having been first duly 
 
 sworn. 
 
 X. Y., 
 
 H. B. M. Consul at 
 (Seal.) 
 
 B 18. 
 
 Letters of Administration (not with Will annexed}. 
 (General Heading.) 
 
 *| o ~ Be it known, that on the day of , 18 , 
 
 1 | Letters of Administration of the personal property of 
 
 e . A. B.. late of , deceased, who died on the day 
 
 ^ tf^ 
 
 - of , 18 , at , intestate, and who had at the 
 
 time of his death his fixed place of abode at , within 
 
 the jurisdiction of this Court, were granted by this Court to 
 
 ^ >s (7. Z)., of , the widow [or as the case may be^\ of the 
 
 " > 4; said intestate, she having been first duly sworn. 
 
 ! * x - Y - 
 
 | J . oo H. B. M. Consul at 
 |3s otn 
 
 % (Seal.)
 
 154 APPENDIX 1. 
 
 B 19. 
 
 Double Probate. 
 (General Heading.) 
 
 Be it known, that on the day of , 18 , the 
 
 last Will [with Codicils] of A. B., late of , 
 
 ^ K ^ deceased, who died on , at , and who at the 
 
 i time of his death had his fixed place of abode at , 
 
 within the jurisdiction of this Court, was proved and 
 
 *o> registered in this Court, and that administration of his 
 
 K ^ personal property, and any way concerning his Will, was 
 
 granted by this Court to C. D., one of the executors named 
 
 "g in the said Will [or Codicil], he having been first duly 
 
 Js ^ sworn, power being reserved of making the like grant to 
 
 f 35 " E. F., the other executor named in the said Will. And be 
 
 g "e ! it further known that on the day of , 18 , 
 
 | "5 e ^H the said Will of the said deceased was also proved in this 
 
 Court, and that the like administration was granted by 
 
 this Court to the said E, F., he having been first duly 
 
 sworn. X. ., 
 
 H. B. M. Consul at 
 
 (Seal.) 
 Former grant Jan. , 18 under the same sum. 
 
 B 20. 
 
 Letters of Administration de Bonis non. 
 
 (General Heading.) 
 
 Be it known, that A. B.> late of , deceased, died 
 
 ^ on , 1 8 , at , intestate, and had at the time of 
 
 his death his fixed place of abode at , within the 
 
 - jurisdiction of this Court, and that since his death, namely, 
 
 "^ v> on the day of ,18, Letters of Administration 
 
 "^ &i of his personal property were granted by this Court to 
 
 o ^ C. D., [insert the relationship or character of administrator'] 
 
 (which Letters of Administration now remain on record in 
 
 6^ this Court), who, after taking such administration upon 
 
 -s ^ him, partly administered the personal property of the 
 
 s "* !^ . deceased, and afterwards, namely, on , died, leaving 
 
 ^ "** *o oo P ar ^ thereof unadministered, and that on the day of 
 
 jS "** e *~ , 18 , Letters of Administration of the personal 
 
 property so left unadministered were granted by this 
 
 Court to , he having been first duly sworn. 
 
 X. Y., 
 
 H. B. M. Consul at 
 (Seal.)
 
 THE AFRICA ORDER IN COUNCIL, 1889. 155 
 
 B 21. 
 
 Administration Bond. 
 
 Know all men by these presents, that we, A. B., of , C. D., 
 
 of , and E. F., of , are jointly and severally bound 
 
 unto G. H., the Judge of Her Majesty's Court for , in the 
 
 sum of , to be paid to the said G. H., or the Judge of the 
 
 said Court for the time being ; for which payment we bind our- 
 selves and each of us, for the whole, our and each of our heirs, 
 executors, and administrators, firmly by these presents. Sealed 
 with our seals. Dated the day of , 18 . 
 
 A. B. (L.S.) 
 C. D. (L.S.) 
 E. F. (L.S.) 
 
 The condition of the above-written obligation is such, that if the 
 above-named A. B., the intended Administrator of the personal 
 property of /. /., late of , deceased, who died on the day 
 
 of [left unadministered by ], do make a true and perfect 
 
 inventory of the personal property of the deceased [or left unad- 
 ministered], which has or shall come into [his] possession, or into the 
 possession of any person for [him], and the same so made do exhibit 
 into Her Majesty's Court at whenever required by law so to do ; 
 
 and the same personal property, and all other the personal property of 
 the deceased, which shall, at any time after the making and exhibition 
 of such inventory, come into the possession of the said A. B., or of any 
 person for [him], do well and truly administer according to law ; (that 
 is to say), do pay the debts which the deceased owed at [his] death, 
 and all the residue of the said personal property do deliver and pay to 
 such person or persons as shall be entitled thereto under the Act of 
 Parliament intituled " An Act for the better settling of Intestates' 
 Estates" and further, do make a true and just account of [his] 
 administration whenever lawfully required ; and in case it shall here- 
 after appear that any Will was made by the deceased, and the 
 executor or executors therein named do exhibit the same for probate, 
 then if the said A. B., being thereunto required, do duly render and 
 deliver up the Letters of Administration granted to him, then this 
 obligation shall be void, and otherwise shall remain in full force. 
 
 Signed, sealed, and delivered before this Court. 
 
 (Seal.)
 
 156 APPENDIX I. 
 
 B 22. 
 
 Administration Bond for Administrators with Will annexed. 
 
 Know all men by these presents, that we, A. B., of , C. D., 
 
 of , and E. F., of , are jointly and severally bound 
 
 unto G. H., Her Majesty's Consul-General, in the sum of , 
 
 to be paid to the said G. H, or the Consul-General for the time 
 being, for which payment we bind ourselves and each of us, the 
 whole, our and each of our heirs, executors, and administrators, 
 firmly by these presents. Sealed with our seals. Dated the 
 day of , 18 . 
 
 A. B. (L.S.) 
 C. D. (L.S.) 
 E. F. (L.S.) 
 
 The condition of the above-written obligation is such, that if the 
 above-named A. ., the intended Administrator with Will annexed 
 of the personal property of /. /., late of , deceased, who died on 
 
 the day of , do make a true and perfect inventory of the 
 
 personal property of the deceased, [left unadministered by ], 
 
 which has or shall come into [his] possession, or into the possession of 
 any person for [him], and the same so made do exhibit into Her 
 Majesty's Court at whenever required by law so to do, and the 
 
 same personal property [so left unadministered], and all other the 
 personal property of the deceased which shall at any time after the 
 making and exhibition of such inventory come into the possession of 
 the said A. Z?., or of any person for [him], do well and truly administer, 
 (that is to say) do pay the debts which the deceased owed at [his] 
 death, and then the legacies given by the said Will annexed to the 
 said Letters of Administration as far as such personal property will 
 extend, and the law bind [him], and all the residue of the said personal 
 property do deliver and pay unto such person or persons as shall be by 
 law entitled thereto, and further do make a true and just account of 
 [his] said administration whenever lawfully required, then this obliga- 
 tion shall be void, and otherwise shall remain in full force. 
 
 Signed, sealed, and delivered before this Court. 
 
 (Seal.) 
 
 B23. 
 
 Declaration of the Personal Property of a Testator or an Intestate. 
 (General Heading.) 
 
 A true declaration of all the personal property of A. ., late of 
 , deceased, who died on the day of , at , and
 
 THE AFRICA ORDER IN COUNCIL, 1889. 157 
 
 had at the time of his death his fixed place of abode at , within 
 
 the jurisdiction of this Court, which have at any time since his death 
 come to the possession or knowledge of C. D., the administrator with 
 the Will annexed of the said A. B. [or administrator, as the case may 
 ic], made and exhibited upon and by virtue of the oath [or solemn 
 affirmation] of the said C. D., as follows : 
 
 First, I declare that the deceased was at the time of his 
 
 death possessed of or entitled to 
 [ The details of the deceased's property must be here inserted, 
 
 and the value inserted opposite to each particular. ~\ 
 
 Lastly, I say that no personal property of the deceased has at any 
 time since his death come to my possession or knowledge, save as is 
 hereinbefore set forth. 
 
 C. D. 
 
 On the day of , 1 8 , the said C. D. was duly sworn to 
 
 [or solemnly affirmed ] the truth of the above- written inventory, 
 Before me \_person authorized to administer oaths'^. 
 
 B24. 
 
 Justification of Sureties. 
 
 (General Heading.) 
 In the matter of A. JB., deceased. 
 
 We, C. D., of , and E. F., of , severally make oath and 
 
 say that we are the proposed sureties in the penal sum of on 
 
 behalf of G. H., the intended administrator of the personal property 
 of A. B., late of , deceased, for his faithful administration 
 
 thereof ; and I, the said C. D., for myself make oath and say that I 
 am, after payment of all my just debts, well and truly worth in money 
 and effects the sum of ; and I, the said E. F., for myself make 
 
 oath and say that I am, after payment of all my just debts, well and 
 truly worth in money and effects the sum of 
 
 Sworn by the deponents, C. D. and E. F., at , } C. D, 
 
 this day of , 18 . ) E. F, 
 
 Before me, 
 
 X. Y.
 
 158 APPENDIX I. 
 
 B25. 
 denunciation of Probate and Administration with Will annexed. 
 
 (General Heading.) 
 In the matter of A. ., deceased. 
 
 "Whereas A. ., late of , deceased, died on the day of , 
 1 8 , at , having had at the time of his death his fixed place of 
 
 abode at within the jurisdiction of this Court ; and whereas he 
 
 made and duly executed his last Will, dated the day of , 
 
 18 , (*) and thereof appointed C. I), executor and residuary legatee 
 in trust [or as the case may be] : 
 
 Now I, the said C. Z)., do hereby declare that I have not inter- 
 meddled in the personal property of the deceased, and will not here- 
 after intermeddle therein, with intent to defraud creditors, and further, 
 do hereby expressly renounce all right to probate of the said Will [and 
 Codicils, if any\, and to administration with the said Will [and Codicils, 
 if any~\ annexed of the personal property of the deceased. 
 
 In witness whereof I have hereto set my hand and seal, this 
 day of , 18 . 
 
 C. D. (L.S.) 
 
 Signed, sealed, and delivered by the above-named C. D., in the 
 presence of G. H. 
 
 * If there are Codicils their dates should be also inserted. 
 
 B26. 
 
 Renunciation of Administration. 
 
 (General Heading.) 
 
 Whereas A. B., late of , deceased, died on the day of 
 
 , 18 , at , intestate, a widower, having had at the time 
 
 of his death his fixed place of abode at , within the jurisdiction 
 
 of this Court : and whereas I., C. D., of , am his lawful child, 
 
 and his only next of kin [or as the case may be~] : 
 
 Now I, the said C. D., do hereby declare that I have not intermeddled 
 in the personal property of the deceased, and further, do hereby ex- 
 pressly renounce all right to administration thereof. 
 
 In witness whereof I have hereto set my hand and seal, this 
 day of , 18 . 
 
 C. D. (L.S.) 
 
 Signed, sealed, and delivered by the said C. Z)., in the presence of 
 G.H.
 
 THE AFRICA ORDER IN COUNCIL, 1889. 159 
 
 B27. 
 
 Order to a Person to bring in a Paper purporting to be Testamentary. 
 (General Heading.) 
 
 The day of , 18 . 
 
 To C. D., of 
 
 Whereas it appears by a certain affidavit filed in this Court on the 
 
 day of , 18 , and made by , of , that a certain 
 
 original paper, being or purporting to be testamentary, namely [here 
 
 describe the paper~\, bearing date the day of , 18 , is now 
 
 in your possession or under your control. 
 
 Now this is to command you, in Her Majesty's name, that within 
 eight days after service hereof on you, inclusive of the day of such 
 service, you do bring into and leave in this Court the said original 
 paper, or in case the said original paper be not in your possession or 
 under your control, that you, within eight days after the service nereof 
 on you, inclusive of the day of such service, do file in this Court an 
 affidavit to that effect, and therein set forth what knowledge you have 
 of and respecting the said paper. 
 
 (Seal.) 
 
 B 28. 
 Affidavit of Handwriting. 
 
 (General Heading.) 
 In the matter of C. D., deceased. 
 
 I, A. B., of , make oath and say I knew and was well acquainted 
 
 with C. D., late of , deceased, who died on the day of , 
 
 at , for many years before and down to his death, and that 
 
 during that time I have frequently seen him write and sign his name, 
 whereby I have become well acquainted with his handwriting and 
 signature, and having now with care and attention inspected the paper 
 writing hereunto annexed, purporting to be the last Will of the said 
 C. D., beginning thus, , ending thus, , dated the 
 
 day of , and signed thus " C. D.," I say that I believe [the 
 
 whole body and contents of the said Will, together with] the signature 
 " C. Z).," thereto, to be of the handwriting of the said C. D., deceased. 
 
 A. B. 
 
 Sworn at , this day of , 18 , \ 
 
 before me, E. F, )
 
 160 APPENDIX I. 
 
 B 29. 
 Affidavit of Finding and Condition of Will. 
 
 (General Heading.) 
 In the matter of E. F., deceased. 
 
 I, A. B., of , make oath and say that I am the sole executor 
 
 named in the paper writing hereto annexed, purporting to be the last 
 
 Will of E. F., late of , deceased (who died on the day of 
 
 , at , and had at his death his fixed place of abode at 
 
 , within the jurisdiction of this Court), the said Will bearing 
 
 date the day of , beginning thus, , ending thus, 
 
 , and being signed thus, " E. F., 1 ' and that [here describe the 
 
 finding of the Will, and the various obliterations, interlineations, erasures, 
 
 and alterations (if any"), and the general condition of the Will, and state 
 
 any other matters requiring to be accounted for, and clearly trace the Will 
 
 from the possession of the deceased in his lifetime up to the time of the 
 
 making of this Affidavit] ; and I lastly say that the same paper writing 
 
 is now in all respects in the same condition as when found [or as the 
 
 case may be~\. 
 
 A.B. 
 
 Sworn at , this day of ,18 
 
 before me, 7. /. 
 
 B 30. 
 
 Affidavit of Search. 
 
 (General Heading.) 
 
 In the matter of C. D., deceased. 
 
 I, A. B., of , make oath and say that I am the sole executor 
 
 named iu the paper writing hereto annexed, purporting to be the last 
 Will of C. D., late of , deceased (who died on the day of 
 
 , 18 , at , and had at the time of his death his fixed place 
 
 of abode at , within the jurisdiction of this Court), the said Will 
 
 beginning thus, " ," ending thus, "In witness whereof I have 
 
 hereunto set my hand this day of , in the year of our Lord 
 
 one thousand eight hundred and fifty- four " [or as the case may be~], 
 and being signed thus, " C. Z>." And referring particularly to the 
 fact that the blank spaces originally left in the said Will for the 
 insertion of the day and the month of the date thereof have never been 
 supplied [or that the said Will is without date, or as the case may be~\, 
 I further say that I have made inquiry of \_E. F., the solicitor of the 
 said deceased], and that I have also made diligent and careful search 
 in all places where the said deceased usually kept his papers of
 
 THE AFRICA ORDER IN COUNCIL, 1889. 161 
 
 moment, in order to ascertain whether he had or had not left any other 
 Will, but that I have been unable to discover any other Will. And I 
 lastly say that I believe the deceased died without having left any 
 Will, Codicil, or Testamentary Paper whatever other than the said 
 
 Will by me hereinbefore deposed to. 
 
 A. B. 
 
 Sworn at , this day of , 18 , } 
 
 before me, G. H. I 
 
 B31. 
 
 Notice to Prohibit Grant of Probate or Administration. 
 
 (General Heading.) 
 In the matter of A. B. t deceased. 
 
 Let nothing be done in the matter of A. ., late of , deceased, 
 
 who died on the day of , at , and had at the time of 
 
 his death his fixed place of abode at , within the jurisdiction of 
 
 this Court, without warning being given to C. D., of , [or to 
 
 E. F., of the attorney of G. H., of ]. 
 
 Dated this day of , 18 . 
 
 (Signed) C. D., of , lor E. F., of , the 
 
 attorney of G. H., of ]. 
 
 B32. 
 Warning to Persons Filing Notice to Prohibit Grant. 
 
 (General Heading.) 
 
 In the matter of A. B., late of , deceased. 
 
 To C. D., of [or to E. F., of , attorney of G. H., of 
 
 3- 
 
 You are hereby warned, within six days after the service of this 
 warning upon you, inclusive of the day of such service, to come to this 
 Court and file therein an affidavit setting forth your [or your client's] 
 interest in this matter ; and in default of your so doing this Court will 
 proceed to all such acts and things as shall be needful to be done in 
 this matter. 
 
 NOTE. This warning is issued at the instance of R. S., of , 
 
 [here state what interest R. S. has, and if under a Will or Codicil state 
 its date~\. 
 
 (Seal.) 
 
 N. M
 
 162 
 
 APPENDIX I. 
 
 B 33. 
 
 List of Probates and Administration. 
 
 Her Majesty's Court at 
 The [1st] day of [August], 18[ ]. 
 
 LIST of Probates and Administrations granted by this Court up to the 
 1st day of July, 18 , and not included in any previous List. 
 
 
 
 
 
 
 Name and 
 
 
 Date 
 of 
 Grant. 
 
 Name in 
 full of 
 Deceased. 
 
 His or her 
 Business, 
 Profession, 
 or other 
 Description. 
 
 Place of 
 his or her 
 Death. 
 
 Time of 
 his or her 
 Death. 
 
 Description 
 of each 
 Executor or 
 Administrator 
 taking 
 Probate or 
 
 Value 
 of the 
 Personal 
 Property. 
 
 
 
 
 
 
 Administration. 
 
 
 
 
 
 
 
 
 (Signed) X. Y., 
 
 Her Majesty's Consul at 
 
 (Seal.) 
 
 PART C. CRIMINAL. 
 
 49. Application of Part C. 
 The provisions in Part C. apply to criminal proceedings only. 
 
 50. Charge. 
 
 (1.) Criminal proceedings are begun by a charge. 
 
 (2.) The charge is made before the Consul by the person preferring 
 it (called the prosecutor). 
 
 (3.) The Consul makes at the time a Minute in writing of the charge, 
 stating the name of the prosecutor, the name of the person against 
 whom the charge is made (called the accused), and the substance of 
 the offence. (Form C 1). 
 
 5 1 . Process to Compel Appearance. 
 
 If the accused is not already in custody, his appearance is com- 
 pelled by summons or by warrant according to the circumstances of 
 the case.
 
 THE AFRICA ORDER IN COUNCIL, 1889. 163 
 
 52. Summons. 
 
 (1.) For the issuing of a summons, it is not necessary that the 
 charge be sworn to unless in any case the Consul so requires. 
 
 (2.) A summons to compel appearance is a document under the seal 
 of the Court in the Form C 2, or some form to the like effect. It states 
 the substance of the charge, and names a time and place at which the 
 accused is commanded to appear. 
 
 (3.) The summons is served by an officer of the Court. 
 
 53. Warrant of Arrest. 
 
 (1.) A warrant to arrest the accused is not issued in the first instance 
 unless the charge is sworn to by the prosecutor or some other person. 
 
 (2.) If the charge is sworn to, and the procedure by way of summons 
 appears to the Consul to be ineffective, a warrant may issue in the first 
 instance instead of a summons. 
 
 (3.) If the accused having been in the first instance summoned fails 
 to obey the summons, the Consul may on proof of service of the summons 
 issue a warrant. 
 
 (4.) A warrant of arrest is a document under the Seal of the Court 
 in the Form C 3, or some Form to the like effect, addressed to the 
 officer of the Court. It states the name of the accused and the sub- 
 stance of the charge, and requires the person executing it to arrest 
 the accused and bring him before the Court. It need not be made 
 returnable at any particular time, and remains in force until executed. 
 
 54. Form of Charge. 
 
 The description of an offence in the words of any Act of Parliament 
 under which the offence arises, or if the offence charged is one against 
 the Africa Order then in the words of that Order, or in either case in 
 similar words, is sufficient. 
 
 55. Bringing Persons arrested before the Court. 
 
 (1.) Where a person is arrested on a charge under a warrant he 
 must, if practicable, be brought before the Court within forty -eight 
 hours from the time of his arrest. 
 
 (2.) If in any case more than forty-eight hours elapse between the 
 arrest of the accused and his being brought before the Consul, the 
 fact, and the reason for the delay, must be recorded in the Minutes. 
 
 56. Bail. 
 
 (1.) The mode of giving bail is by recognizance binding the accused 
 to appear as and when required. (Forms C 13, C 14.) 
 
 (2.) The recognizance is entered into by the accused with or without 
 sureties, as the Consul thinks fit. 
 
 M 2
 
 164 APPENDIX I. 
 
 (3.) On the completion of the recognizance the accused is discharged 
 from custody. 
 
 (4.) If a person out on bail fails to appear when required, the Court, 
 in addition to forfeiting his recognizance, may, if it thinks fit, issue a 
 warrant for his arrest. (Form 03.) 
 
 57. Preliminary Examination. 
 
 The object of a preliminary examination is to inquire whether there 
 is reasonable ground for putting the accused upon his trial, and whether 
 the attendance of the necessary witnesses at the place of trial can be 
 secured, and to determine whether the accused ought to be removed 
 for trial or tried in the district. 
 
 58. Procedure at Preliminary Examination. 
 
 (1.) The preliminary examination is conducted by the Consul in the 
 presence of the accused. 
 
 (2.) At the preliminary examination the Consul takes down in writing 
 the evidence of the witnesses for the prosecution and of the witnesses 
 (if any) tendered for examination by the accused, and enters it in the 
 Minutes. The evidence of a witness when so taken down is called a 
 deposition. (Form C 5.) 
 
 (3.) The deposition of each witness is read over to the witness as 
 soon as his evidence is finished, and signed by him at the time. 
 
 59. Discharge of the Accused. 
 
 If the Consul, after hearing the evidence, is of opinion that there is 
 no reasonable ground for putting the accused on his trial, the accused, 
 if in custody, is discharged. 
 
 60. Order for Trial. 
 
 If the Consul considers the evidence sufficient to put the accused on 
 his trial, he either makes an order for the removal of the accused for 
 trial to one of the places named in Article 60 of the Africa Order in 
 Council, 1889, or makes an order for the trial of the accused before 
 the proper Court. In either case the order made, which is recorded 
 in the Minutes (Forms C 6, C 7), states the charge as it appears to the 
 Consul to be sustainable on the evidence. 
 
 61. Order for Removal of Trial. 
 
 If an order is made for the removal of the accused for trial, the 
 following provisions apply : 
 
 (1.) The Consul forthwith issues a warrant of removal. 
 
 (2.) A warrant of removal for trial is a document in the Form C 16, 
 or some similar Form, sealed with the seal of the Court, and addressed 
 to an officer of the Court. It is issued in duplicate, and both copies are 
 delivered to the person executing it.
 
 THE AFRICA ORDER IN COUNCIL, 1889. 165 
 
 (3.) Pending the execution of the warrant the Consul either admits 
 the accused to bail, or orders him to be kept in custody. In the latter 
 case the warrant of removal is indorsed in the Form C 16, or in some 
 similar Form. 
 
 (4.) The Consul transmits copies, certified under his hand and under 
 the seal of the Court, of the depositions and of the order for removal 
 for trial to the Court before which the accused person is ordered to 
 be tried. 
 
 62. Order for Trial before the Court. 
 
 If an order is made for the trial of the accused before the Court of 
 the district, the following provisions apply : 
 
 (1.) The Consul makes a special note in the Minutes of his reasons 
 for not removing the trial. 
 
 (2.) The Consul may bind by recognizance the prosecutor and the 
 witnesses for the prosecution and for the defence to appear at the trial 
 and prosecute or give evidence. (Forms C 13, C 14.) 
 
 (3.) If the prosecutor or any of the witnesses, being a British sub- 
 ject or under British protection, refuses to enter into such recognizance, 
 the Court may order him to be kept in custody until the trial, unless 
 in the meantime he enters into such recognizance. In such case the 
 Consul issues a warrant of commitment in Form C 15, or some similar 
 Form. 
 
 (4.) Until the trial, the Consul either admits the accused to bail or 
 orders him to be kept in custody. In the latter case, the Consul issues 
 a warrant of commitment in the Form C 4, or some Form to the like 
 effect. 
 
 (5.) The accused person ordered for trial is entitled to a copy of the 
 charge, and on payment of a sum not exceeding 6d. per one hundred 
 words, or, if the Consul thinks fit, without payment, to a copy of the 
 depositions. The Consul, when ordering the accused for trial, informs 
 him of this provision. 
 
 (6.) The date of the trial is named in the order for trial, and the 
 prisoner is informed of such date at the time when the order is made. 
 Except for special reasons to be recorded in the Minutes, the date 
 named for trial must be not later than fourteen days after the close of 
 the preliminary examination. 
 
 63. Place of Preliminary Examination. 
 
 The public have no right of access to the place in which a preliminary 
 examination is held. 
 
 65. Notice to Prosecutor of Trial. 
 
 Notice is given by the Court to the prosecutor of the time and place 
 appointed for the trial. (Form 08.)
 
 166 APPENDIX I. 
 
 66. Absence of Parties. 
 
 (1.) If at the appointed time and place the prosecutor is not present 
 the Court dismisses the charge, unless for some reason, to be recorded 
 in the Minutes, it sees fit to adjourn the trial. (Form C 10.) 
 
 (2.) Except in the case provided for by Rule 73 (5), no charge can 
 be heard in the absence of the accused. 
 
 67. Hearing. 
 
 If at the time and place appointed for the trial, or adjourned trial, 
 both the prosecutor and the accused are present, the Court and (if the 
 case is tried with assessors) the assessors proceed to hear and dispose 
 of the charge. 
 
 (1.) The substance of the charge is stated to the accused, and he is 
 asked if he admits or denies the truth. 
 
 (2.) If he admits the truth of the charge the Court may convict him. 
 
 (3.) If he denies the truth of the charge the Court proceeds to hear 
 the evidence. 
 
 (4.) If he asserts that he has been previously convicted or acquitted 
 of the same charge, the Court inquires into and ascertains the truth of 
 his answer before proceeding to hear the evidence. 
 
 (5.) If he appears to be of unsound mind the Court may from time 
 to time make such order for his safe keeping as the Court thinks fit. 
 
 68. 
 
 After hearing the evidence, the Court considers the whole matter, 
 and either convicts the accused or dismisses the charge. 
 
 69. Conviction and Sentence. 
 
 In cases of conviction the Court enters on the Minutes the conviction 
 and the sentence (if any), together with any order which the Court 
 may make ordering the person convicted to give security for future 
 good behaviour, or to be deported, or to pay damages or costs. 
 (Form C 9.) 
 
 70. Dismissal. 
 
 (1.) When a charge is dismissed an order of dismissal is entered on 
 the Minutes, together with any order requiring the prosecutor to pay 
 costs which the Court may make. (Forms C 10, C 11.) 
 
 (2.) A certificate of dismissal, sealed with the seal of the Court, is, 
 on the application of the accused, furnished to him by the Court. 
 (Form C 12.) 
 
 (3.) Such certificate is conclusive evidence of the dismissal of the 
 charge, and a bar to any subsequent charge in Africa against the 
 accused in respect of the same matter.
 
 THE AFRICA OEDER IN COUNCIL, 1889. 167 
 
 71. Place of Trial 
 
 The place of trial is an open Court, and the public have a right of 
 access thereto. 
 
 GENERAL PROVISIONS. 
 
 72. Accused and Husband or Wife competent Witnesses. 
 
 (1.) In all criminal proceedings, including preliminary examinations, 
 the accused and the husband or wife of the accused are competent, 
 but not compellable, to give evidence. 
 
 (2.) When the accused, or the husband or wife of the accused, 
 offer themselves as witnesses, they take the oath or declaration 
 required of witnesses, and are examined and subject to be cross- 
 examined in the same way as ordinary witnesses. 
 
 73. Adjournment, Sfc. 
 
 (1.) Where a preliminary examination or trial cannot conveniently 
 be finished in a single day, it is resumed, if possible, on the next day, 
 and so on from day to day (except Sundays) until it is brought to an end. 
 
 (2.) But the Court may, in the presence and hearing of the parties, 
 and for reasons to be recorded in the Minutes, postpone or adjourn 
 a preliminary examination or trial when and so often as justice 
 requires, but if the accused is kept in custody no postponement or 
 adjournment shall be for more than fourteen days. 
 
 (3.) Such postponement or adjournment must be to a stated time 
 and place, and in the interval the Court may, in its discretion, either 
 suffer the accused to go at large, or order him to be kept in custody, 
 or admit him to bail. 
 
 (4.) If the accused is ordered to be kept in custody the Consul 
 issues a warrant of commitment in the Form C 4, or some Form to the 
 like effect. 
 
 (5.) If at the time and place to which a preliminary examination 
 or trial has been postponed or adjourned the accused does not appear, 
 the Court may, if it thinks fit, for reasons to be recorded in the 
 Minutes, proceed as if the accused were present. 
 
 74. Security to be of Good Behaviour. 
 
 When the Court requires a person to give security to keep the 
 peace, or to be of good behaviour, a recognizance in the Form C 1 3 > 
 or some similar Form, may be used. 
 
 EXECUTION. 
 75. Imprisonment. 
 
 (1.) Where on a conviction the offender is sentenced to be im- 
 prisoned, the Court issues a warrant of imprisonment (Form C 19), 
 or a warrant of removal for imprisonment. (Form C 17.)
 
 168 APPENDIX I. 
 
 (2.) When a warrant of removal for imprisonment is issued, the 
 Court enters on the Minutes the grounds for issuing such warrant. 
 The Court in such case transmits to the proper gaoler, constable, 
 magistrate, or officer, in the place selected for the execution of the 
 sentence, a certified copy of the conviction and sentence, and a written 
 notice that a warrant of removal for imprisonment has been issued. 
 
 76. Deportation. 
 
 When a person makes default in giving security to keep the peace 
 or be of good behaviour as required by the Court, the Court may 
 issue a warrant of deportation. (Form CIS.) 
 
 77. Payment of Money. 
 
 (1.) Where the Court orders money to be paid by an accused person 
 or by a prosecutor, by way of fine or damages, or for costs, the order 
 may be enforced by seizure and sale, in the same manner as a 
 judgment in an action for payment of money. 
 
 (2.) If after execution by seizure and sale the order remains wholly 
 or in part unsatisfied, the Court may issue a warrant of commitment 
 (Form C 20), committing the person who has disobeyed the order to 
 prison, without hard labour, for a term not exceeding one month for 
 every 201. or part thereof then unpaid, unless the money and all 
 expenses of the commitment and conveyance to prison, the several 
 amounts of which are specified in the warrant, are sooner paid. 
 
 (3.) Upon payment or tender by the prisoner, or some person on 
 his behalf, of the amounts specified in the warrant, the prisoner is 
 entitled to be discharged if he is in custody for no other matter. 
 
 78. Sale of Goods forfeited. 
 
 (1.) When any goods smuggled or imported in contravention of 
 Article 50 of the Africa Order in Council, 1889, or any ship, boat, 
 cask, or case, or receptacle containing such goods, are, on conviction 
 of the offender, declared forfeited to Her Majesty, the Consul may 
 issue a warrant of sale. (Form C 21.) 
 
 (2.) The warrant is addressed to an officer of the Court, and 
 authorizes and directs him to sell by public auction the goods therein 
 named. 
 
 (3.) The officer pays the proceeds of the sale into Court, and the Court 
 may deduct therefrom a reasonable sum for the expenses of the sale. 
 
 79. Search Warrant. 
 
 (1.) If it is made to appear to the Consul by the oath or declaration 
 of a credible witness that there is reasonable cause to suspect that 
 any British subject or person under British protection has on his 
 premises any property or thing, on or by or with respect to which
 
 THE AFRICA ORDER IN COUNCIL, 1889. 169 
 
 any crime or offence cognizable by the Consul has been committed, 
 the Consul may issue a search warrant. 
 
 (2.) The information of the applicant for a search warrant is taken 
 down in writing and signed by him. It must describe the goods, the 
 premises on which they are suspected to be, and the grounds for the 
 suspicion. 
 
 (3.) The search warrant is directed to an officer therein named, and 
 he alone has authority to execute it, but in executing it he may be 
 assisted by other persons. 
 
 (4.) The search warrant authorizes and directs the officer to search 
 the premises therein named, and those only, for the goods therein 
 named, and those only, and to seize and bring before the Consul any 
 of the said goods which he there finds. The goods and premises 
 named in the warrant are those described in the information of the 
 applicant. (Form C 23.) 
 
 (5.) The search warrant may also authorize and direct the officer to 
 arrest the occupier of the premises if any of the goods are there found. 
 
 (6.) If the premises are closed, and the officer, after demanding 
 admission and showing his authority, is refused entrance, he may 
 break open the doors. 
 
 (7.) A search warrant may not be executed in the night-time. 
 
 (8.) If it appears to the Consul that a search warrant has been 
 applied for maliciously and without reasonable and probable cause, he 
 may, in addition to any punishment to which the applicant may 
 be liable for giving false evidence order him to pay damages to the 
 occupier of the premises searched. 
 
 80. Time and Place of Execution. 
 
 (1.) A warrant of arrest, or of commitment, or of removal, or a 
 search warrant, may be issued or executed on Sunday. 
 
 (2.) Any summons, warrant, or Order, issued or made by a Consul 
 in a criminal proceeding, may be executed anywhere within the limits 
 of that Order, and every Consul is to aid in the execution thereof. 
 
 CEIMINAL FOEMS (C.) 
 C 1. 
 
 Charge. 
 
 (General Heading.) 
 
 C. D., of [labourer], charges that [state the offence]. 
 
 The Charge may be stated as follows (for instance] : 
 
 (a.) On the day of , at , the above-named A. B. 
 
 did unlawfully assault and beat the said C. D. [being then one of the
 
 170 APPENDIX I. 
 
 officers of Her Britannic Majesty's Consul at , and being then 
 
 and there in the due execution of his office as such officer]. 
 
 (b.) On the day of , at , the above-named A. B. 
 
 did threaten to shoot the said C. D., and that he, the said C. D., 
 believes that he is in danger of receiving bodily injury from the said 
 A. B. 
 
 (c.) On the day of , at , the above-named A. B. 
 
 did unlawfully and knowingly, by certain false pretences, obtain from 
 the said C. D. the sum of in money [or a certain valuable 
 
 security (namely) a banker's order for the payment of , and of 
 
 the value of ], the same being the property of the said C. D., 
 
 with intent thereby then and there to cheat and defraud the said 
 C. D. of the same. 
 
 (d.) On the day of , at , the above-named A. B. 
 
 did feloniously forge a certain bill of exchange for payment of , 
 
 with intent thereby then and there to defraud. 
 
 (<?.) On the day of , at , the above-named A. B. 
 
 did feloniously steal the sum of in money, the same being the 
 
 property of the said C. D. (Seal.) 
 
 02. 
 
 Summons to Accused. 
 (General Heading.) 
 To A. B., of [labourer]. 
 
 You have this day been charged [on oath], before this Court, for 
 that you \_stating shortly the offence charged, as in form (71]. 
 
 Therefore you are hereby commanded to appear before this Court 
 on [Saturday next] the day of , at [10 o'clock in the 
 
 forenoon], at [ ], to answer to the said charge, and to be further 
 
 dealt with according to law. (Seal.) 
 
 03. 
 
 Warrant of Arrest. 
 (General Heading.) 
 
 To X. y., and other Officers of the Court. 
 
 The above-named A. B. is charged before this Court for that he 
 \_stating shortly the offence charged, as in Form C \~\. 
 
 Therefore you are hereby commanded to arrest the said A. B., and 
 to bring him before this Court to answer the said charge, and to be 
 dealt with according to law. 
 
 Dated this (Seal.)
 
 THE AFKICA ORDER IN COUNCIL, 1889. 171 
 
 04. 
 
 Warrant of Commitment for Safe Custody of the Accused during an 
 Adjournment of the Hearing, or where the Hearing is not at once 
 proceeded with, or after an Order for Trial. 
 
 (General Heading.) 
 
 To X. Y., Officer of this Court, and to the keeper of [ ] 
 
 prison, [ ]. 
 
 The hearing of the above charge is adjourned [or is ordered to take 
 place on ], [or cannot be at once proceeded with], and it is 
 
 necessary that the above-named A. B. should in the meantime be kept 
 in safe custody. 
 
 Therefore you are hereby commanded, you, the above-named X. Y., 
 forthwith to convey the said A. B. to the above-mentioned prison, and 
 there deliver him to the keeper thereof, together with this warrant. 
 And you, the keeper of the said prison, to receive the said A. B. into 
 your custody in the said prison, and there safely keep him until 
 the day of instant, and then to have him before this 
 
 Court at [10 o'clock in the forenoon] of the same day, at [ ], 
 
 to answer further to the said charge, and to be further dealt with 
 according to law. 
 
 Dated this day of (Seal.) 
 
 PKELIMINARY EXAMINATION. 
 
 05. 
 
 Deposition. 
 (General Heading.) 
 
 In the presence and hearing of the above-named A. B. [accused], 
 C. D., of , deposes on oath as follows : 
 
 \_State the evidence as nearly as possible in the ivords used by the 
 witness ; let the deposition be read over to him ; and then let him 
 sign it.~\ 
 
 If the accused offers himself or his wife or husband as a witness, the 
 deposition will begin as folloivs : 
 
 The above-named A. B. offers himself as a witness, and deposes on 
 oath as follows [or, P. Q., the wife or husband of the said A. B., offers 
 himself as a witness, and, in the presence and hearing of the said 
 A. B., deposes on oath as follows] :
 
 172 APPENDIX I. 
 
 06. 
 
 Order for Removal for Trial. 
 (General Heading.) 
 
 The Court having heard and considered the evidence at the pre- 
 liminary examination, orders that the above-named A. B. be removed 
 to , there to be put on his trial before , on the following 
 
 charge : 
 
 For that he, &c. \_state charge as it appears to the Consul to be sus- 
 tainable on the evidence]. 
 
 Dated this (Seal.) 
 
 07. 
 
 Order for Trial before the Court. 
 (General Heading.) 
 
 The Court having heard and considered the evidence at the pre- 
 liminary examination, orders that the above-named A. B. be put on 
 his trial before this Court sitting with assessors on the following 
 charge : 
 
 For that he, &c. \_state charge as it appears to the Consul to be sustain- 
 able on the evidence]. 
 
 And the Court orders that the said trial be held at on 
 
 Dated this 
 
 (Seal.) 
 
 08. 
 
 Notice to Prosecutor of Trial. 
 (General Heading.) 
 
 Take notice that the above charge will be heard by this Court at 
 , on the day of , at o'clock. 
 
 Dated this 
 
 (Seal.) 
 
 TBIAL. 
 09. 
 
 Conviction and Sentence. 
 
 (General Heading.) 
 
 The above-named A, B. stands convicted before the Court for that 
 [slate offence and time and place thereof^. 
 
 Thereupon the Court sentences the said A. B. for his said offence
 
 THE AFRICA ORDER IN COUNCIL, 1889. 173 
 
 [here insert such one or more of the following paragraphs as is applicable 
 to the case] : 
 
 (a.) To be imprisoned [and kept to hard labour] [or to be kept in 
 
 penal servitude] for ; 
 
 (0.) To pay the sum of as a fine for his said offence ; 
 
 (c.) To pay to C. D., the prosecutor, the sum of , as 
 
 damages in respect of the said offence ; 
 (d.) To pay to C. D. the sum of for the costs of the said 
 
 C. D.; 
 (e.} To give security for his future good behaviour by entering 
 
 forthwith [or within days] into a recognizance [with 
 
 two sureties] in the sum of ; 
 
 (/) To be deported forthwith [or after the expiration of the said 
 
 term of imprisonment or penal servitude, or in default of 
 
 giving security within ] to . 
 
 The said sum of [or several sums of ] are to be paid 
 
 into Court on or before the day of [or forthwith]. 
 
 (Seal.) 
 
 10. 
 
 Dismissal on Non-appearance of Prosecutor. 
 (General Heading.) 
 
 The prosecutor not appearing, the Court dismisses the above-men- 
 tioned charge. 
 
 (Seal.) 
 
 on. 
 
 Dismissal on Merits. 
 (General Heading.) 
 
 The Court having considered the matter of the above-mentioned 
 charge determines that the same is not proved, and dismisses it. 
 
 (Seal.) 
 
 [If prosecutor ordered to pay costs add to C 10 or C 11 : 
 
 And the Court orders that C. D., the prosecutor, do pay to the said 
 A. B. the sum of for the costs of the said A. B. 
 
 The said sum is to be paid into Court on or before the day of 
 
 (or forthwith).]
 
 174 
 
 APPENDIX I. 
 
 012. 
 
 Certificate of Dismissal. 
 
 (General Heading.) 
 
 This Court hereby certifies that a charge preferred by C. D. against 
 the above-named A. B. for that 
 
 [State the charge as originally preferred, or as amended, or as set out 
 in the Order for trial.~\ 
 
 was this day considered and dismissed by this Court [or was this day, 
 the prosecutor not appearing in support thereof, dismissed by this 
 Court]. 
 
 Dated this day of 
 
 (Seal.) 
 
 C 13. 
 Recognizance (without Sureties]. 
 
 (General Heading.) 
 
 I, the undersigned, acknowledge myself to owe our Sovereign Lady 
 Queen Victoria the sum written opposite my signature hereto, to be 
 raised by seizure and sale of my goods if the condition hereon indorsed 
 is not fulfilled. 
 
 Dated this day of 
 
 Signature. 
 
 Address. 
 
 Description. 
 
 Sum. 
 
 A. B. 
 
 
 - 
 
 
 [Indorsement] 
 
 The condition of the within- written recognizance is as follows : 
 [as the case may be~\. 
 
 (a.) Bail for Appearance of Accused. 
 
 If the within-named A. B. appears before this Court on , at 
 
 , to answer the within-mentioned charge, then the said recogni- 
 zance shall be void, and otherwise it shall be in force. 
 
 (5.) For Good Behaviour of Accused. 
 
 If the within- named A. B. keeps the public peace and is of good 
 behaviour towards all persons (and especially towards P. Q.) during 
 , then the said recognizance shall be void and otherwise it shall 
 be in force.
 
 THE AFRICA ORDER IN COUNCIL, 1889. 
 
 175 
 
 (c.) To Prosecute or give Evidence. 
 
 If the within-named C. D. appears before this Court on , at 
 
 , and then and there prosecutes ^ an ' > gives evidence on] the 
 
 within-mentioned charge, then the said recognizance shall be void, and 
 otherwise it shall be in force. 
 
 C 14. 
 Recognizance (with Sureties). 
 
 (General Heading.) 
 
 We, the Undersigned, severally acknowledge ourselves to owe to our 
 Sovereign Lady Queen Victoria the sums set opposite our respective 
 signatures, hereto to be raised by seizure and sale of our several goods 
 if the condition hereon indorsed is not fulfilled. 
 Dated this 
 
 Signatures. 
 
 Addresses. 
 
 Description. 
 
 Sums. 
 
 A. B. 
 
 
 
 
 L.M. 
 
 
 
 
 N. 0. 
 
 
 
 
 (Indorsement as in C 13.) 
 
 C 15. 
 
 Warrant of Commitment for Refusal to enter into Recognizance. 
 (Q-eneral Heading.) 
 
 To X. Y., Officer of this Court, and to the Keeper of the [ ] 
 
 Prison at [ j. 
 
 E. F., of [labourer], being now examined as a witness before 
 
 this Court concerning the above-mentioned charge, and being required 
 to enter into a recognizance to give evidence concerning the same on 
 the trial thereof \_or as the case may be~\ refuses to do so. 
 
 Therefore, you are hereby commanded, you, X. Y., to take the said 
 E. F. and convey him to the above-mentioned prison, and there deliver 
 him to the keeper thereof, with this warrant ; 
 
 And you, the keeper of that prison, to receive the said E. F. into 
 your custody there, and to keep him there safely until after the trial 
 of the said charge, unless he, in the meantime, consents to enter into 
 such recognizance as aforesaid. 
 
 Dated this day of ,18. 
 
 (Seal.)
 
 176 APPENDIX I. 
 
 WARRANTS. 
 
 C 16. 
 Warrant of Removal for Trial. 
 
 (General Heading.) 
 
 To X. Y., and other Officers of the Court. 
 
 This Court having ordered that the above-named A. B. be removed 
 for trial to , there to be put on his trial before [the Supreme Court 
 
 of Sierra Leone, or us the case may be~\. 
 
 You are hereby commanded, with proper assistance, to convey the 
 said A. B. to , and there deliver him to the proper gaoler, 
 
 constable, magistrate, or other officer of the said Supreme Court, 
 together with this warrant, or the duplicate thereof. 
 
 (Seal.) 
 
 [Indorsement of Committal where Removal cannot be at once effected^ 
 
 To X. Y., Officer of the Court. 
 
 The execution of the within warrant cannot be at once proceeded 
 with. 
 
 Therefore, you are hereby commanded to receive the within-named 
 A. B. into your custody, and there safely keep him until you are able 
 to execute the within warrant. 
 
 (Seal.) 
 
 C17. 
 Warrant of Removal for Imprisonment. 
 
 (General Heading.) 
 
 To X. Y., and other Officers of the Court. 
 The above-named A. B. having been on the day of 
 
 convicted before this Court for that [state offence"]. 
 
 The Court did thereupon sentence the said A. B. for his said offence 
 
 to be imprisoned for [with hard labour^. 
 
 You are therefore hereby commanded, with proper assistance, to 
 convey the said A. B. to [ ], that the said sentence may there be 
 
 carried into effect, and you are there to deliver him to the magistrate, 
 gaoler, or other officer to whom it may appertain, to give effect to any 
 sentence passed by the Supreme Court there exercising criminal juris- 
 diction, together with this warrant or a duplicate thereof. 
 
 (Seal.) 
 
 [Indorsement of Committal pending removal (if necessary} as in Form 
 
 16.]
 
 THE AFEICA ORDER IN COUNCIL, 1889. 177 
 
 C 18. 
 
 Warrant of Deportation. 
 
 (General Heading, in cases where deportation is ordered on conviction.) 
 To X. Y., and other Officers of the Court. 
 
 A. B., of , having been on ordered by this Court to be 
 
 deported from the district of the Court to 
 
 You are therefore hereby commanded, with proper assistance, to 
 remove the said A. B., and to convey him to , and there to dis- 
 
 charge him from your custody. 
 
 (Seal.) 
 
 C19. 
 
 Warrant of Imprisonment. 
 (General Heading.) 
 
 To X. Y., Officer of this Court, and to the Keeper of the Prison 
 at 
 
 The above-named A. B. is sentenced by this Court to be imprisoned 
 [and to be kept to hard labotir] for from this day. 
 
 Therefore you are hereby commanded, you, X. Y., to convey the 
 said A. B. to the above-mentioned prison, and there deliver him to the 
 keeper thereof, with this warrant. 
 
 And you, the keeper of that prison, to receive the said A. B. into 
 your custody, there and then to imprison him [and keep him to hard 
 labour^ for the time aforesaid. 
 
 Dated this . (Seal.) 
 
 C20. 
 
 Warrant of Imprisonment, where Order for Payment not satisfied by 
 Seizure and Sale. 
 
 (General Heading.) 
 
 To X. Y., Officer of this Court, and to the Keeper of the Prison 
 at 
 
 At the hearing of the above-mentioned charge the above-named 
 A. B. [or C. D., the prosecutor] was ordered by the Court to pay the 
 sum of , of which sum [or the whole of which sum] 
 
 after execution remains unpaid. 
 
 You are therefore hereby commanded, you, X. Y., to convey the 
 within-named A. B. [or C. D.~\ to the prison at [ ], and there 
 
 deliver him to the keeper thereof with this warrant. 
 
 And you the keeper of that prison, to receive the said A. B. [or 
 
 N. N
 
 178 APPENDIX I. 
 
 C. D.~] into your custody there, and there to imprison him without hard 
 labour for [forty days] from the date of this warrant, unless the said 
 sum of [ ], with the further sum of [, ], as and for the 
 
 expenses of the intended execution of the said warrant and of his com- 
 mitment, and of the conveying of him to prison, is sooner paid. 
 Dated this day of ,18 . 
 
 021. 
 Warrant for Sale of Goods forfeited. 
 
 (General Heading.) 
 To X. T., Officer of the Court. 
 
 The Court having, in pursuance of the Africa Order, 1889, on the 
 conviction of the above-named A. B. on the above-mentioned charge, 
 declared forfeited to Her Majesty Queen Victoria the following goods : 
 
 \_Set out list of goods. ,] 
 
 You are hereby commanded to forthwith seize the said goods and to 
 sell the same at a convenient time and place by public auction, and 
 forthwith after the execution of this warrant, you are to return the 
 same to the Court, with the place, time and mode of execution indorsed 
 thereon, and with the proceeds of such sale. 
 
 Dated this . (Seal.) 
 
 022. 
 Information to ground Search Warrant. 
 
 (Heading.) 
 
 In Her Britannic Majesty's Consular Court for the district of 
 Held at , under the Africa Order in Council, 1889. 
 
 Criminal Jurisdiction. 
 
 C. D., of , on his oath [or having made the declaration allowed 
 
 by of the General Rules of Procedure] complains that on 
 
 the following goods of the value of , viz. : 
 
 [Describe goodsJ] 
 
 were unlawfully carried away from to by some person or 
 
 persons unknown, and that he has reasonable cause to suspect, and 
 does suspect, that those goods, or some of them, are concealed in the 
 premises [describe them'] occupied by A. B., of ; for he, the said 
 
 C. D., says that 
 
 [State grounds for suspicion that goods are there.~\
 
 THE AFRICA ORDER IN COUNCIL, 1889. 179 
 
 023. 
 
 Search Warrant. 
 (Heading as in 22.) 
 To X. Y., an Officer of this Court. 
 
 C. D., of , has this day made information on oath before this 
 
 Court that \copy from information (Form ) down to for he]. 
 
 And it appears to this Court that [according to reasonable suspicion] 
 the said goods, or some of them, are concealed as aforesaid. 
 
 You are therefore hereby authorized and commanded, with proper 
 assistance, by day or night \or in case of reasonable suspicion only, in 
 the day time] to enter the said [dwelling house~] of the said A. ., and 
 there to diligently search for the said goods, and if the same, or any 
 thereof, are found on search, to bring the goods so found [and also the 
 said A. B.~] before this Court, to be dealt with according to law. 
 
 (Seal.)
 
 180 APPENDIX II. 
 
 APPENDIX II. 
 The Africa Order in Council, 1892. 
 
 Windsor, 28th June, 1892. 
 
 AT the Court at Windsor, the 28th day of June, 1892. 
 
 Present, 
 
 The QUEEN'S Most Excellent Majesty. 
 Lord President. 
 Lord Steward. 
 Secretary Lord Knutsford. 
 
 WHEREAS by Treaty, grant, usage, sufferance, and other lawful 
 means, Her Majesty the Queen has power and jurisdiction in the 
 parts of Africa mentioned in "The Africa Order in Council, 1889"; 
 
 And whereas by the General Act of the Conference of Berlin 
 signed in 1885, the several Powers who were parties thereto (in 
 this Order referred to as the Signatory Powers) declared, with 
 respect to occupations in Africa by any of the Signatory Powers, 
 that the establishment of authority in protected territories was an 
 obligation resting upon the respective protecting Powers ; 
 
 And whereas, in order to the due fulfilment of the said obligation 
 as respects territories and places, within the limits of the above- 
 mentioned Order, which Her Majesty shall have declared to be 
 under the protection of Her Majesty, it is necessary that the sub- 
 jects of the Signatory Powers, other than Her Majesty, should be 
 justiciable under the said Order in like manner as British subjects, 
 and for this purpose that the provisions of the said Order referring 
 to British subjects should, as far as practicable, be extended to the 
 subjects of those Powers ; 
 
 And whereas it is expedient that the powers conferred upon a 
 Secretary of State by " The Africa Order in Council, 1889," should 
 be extended so as to provide for the application to territories and 
 places within the limits of that Order, of such Acts and enactments 
 for the time being in force in British India as may be deemed 
 necessary for the due administration of justice :
 
 THE AFEICA ORDER IN COUNCIL, 1892. 181 
 
 Now, therefore, Her Majesty, by virtue and in exercise of the 
 powers 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 expression "foreigners to whom this Qrder 
 applies " means subjects of any of the Signatory Powers (except 
 Her Majesty) or of any other Power which has consented that its 
 subjects shall be justiciable under the Africa Order in Council, 
 1889, and this Order. 
 
 Other expressions, defined in the Africa Order in Council, 1889, 
 and used in this Order, have the same meaning. 
 
 2. Where Her Majesty has declared any territory or place within 
 the limits of the Africa Order in Council, 1889, to be a Protectorate 
 of Her Majesty, the provisions of that Order having reference to 
 British subjects, except Part XIV. thereof, shall extend in like 
 manner to foreigners to whom this Order applies, and all such 
 foreigners shall be justiciable by the Courts constituted by the said 
 Order for the Protectorate, under the same conditions as British 
 subjects, and to the extent of the jurisdiction vested by law in 
 those Courts ; and Part XII. and so much of the rest of the Order 
 as requires the consent of any foreigner as a condition of the exer- 
 cise of jurisdiction shall be of no force or effect in the Protectorate, 
 so far as respects foreigners to whom this Order applies. 
 
 3. A Secretary of State may, from time to time, by order pub- 
 lished in such manner as he directs, declare that any Act or enact- 
 ment for the time being in force in British India or any Presidency 
 thereof, and not inconsistent with the Africa Order in Council, 1889, 
 and this Order, shall have effect and be administered in relation to 
 any place or places within the limits of any local jurisdiction with 
 such modifications or adaptations as may be necessary, and there- 
 upon such Acts or enactments, as so modified and adapted, shall 
 have effect in accordance with such order as if they had been 
 applied by the said Order. 
 
 4. This Order may be cited as " The Africa Order in Council, 
 1892." The Africa Order in Council, 1889, and this Order may 
 together be cited as " The Africa Orders in Council, 1889 and 1892." 
 
 And the Most Honourable the Marquis of Salisbury, K.GK, and 
 the Eight Honourable Viscount Cross, Q-.C.B., two of Her Majesty's 
 Principal Secretaries of State, are to give the necessary directions 
 herein, as to them may respectively appertain. 
 
 C. L. PEEL.
 
 182 APPENDIX III. 
 
 APPENDIX III. 
 
 The Africa Order in Council, 1893. 
 
 AT the Court at Windsor, the 17th day of July, 1893. 
 
 Present, 
 
 The QUEEN'S Most Excellent Majesty. 
 Lord President. 
 Lord Steward. 
 Marquis of Bipon. 
 Sir Edmund Monson. 
 
 WHEREAS by Treaty, grant, usage, sufferance, and other lawful 
 means, Her Majesty the Queen has jurisdiction in the parts of 
 Africa mentioned in " The Africa Order in Council, 1889 " : 
 
 Now, therefore, Her Majesty, by virtue and in exercise of the 
 powers in 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. This Order may be cited as " The Africa Order in Council, 
 1893," and shall be construed as one with " The Africa Order in 
 Council, 1889 " (herein referred to as the principal Order). 
 
 2. Natives of any Protectorate of Her Majesty which is outside 
 any local jurisdiction constituted under the principal Order, shall, 
 when within that local jurisdiction, be deemed to be British- 
 protected persons within the meaning of that Order. 
 
 3. The expression " Treaty," which is defined in Article three 
 of the principal Order, shall be deemed to extend to any Treaty, 
 Convention, or International Agreement to which Her Majesty is 
 or may hereafter be a party, whether any State, Government, Xing, 
 Chief, people, or tribe having power or authority in any local juris- 
 diction constituted under the principal Order is or is not a party 
 
 thereto. 
 
 C. L. PEEL.
 
 183 
 
 APPENDIX IV. 
 The Niger Coast Protectorate. 
 
 MEDICAL AND SAJSTITARY REGULATIONS, 1894. 
 
 1. These Regulations may be cited as "The Niger Coast Pro- 
 tectorate Medical and Sanitary Regulations, 1894." 
 
 2. In these Regulations, unless the context otherwise requires 
 "The Commissioner" means Her Majesty's Commissioner and 
 
 Consul- General for the Niger Coast Protectorate, or any person for 
 the time being administering the government of that Protectorate. 
 
 " Medical Officer " includes Principal Medical Officer, and every 
 Assistant and District Medical Officer. 
 
 " Rules " mean Rules made under these Regulations. 
 
 I. Constitution of the Medical and Sanitary Staff. 
 
 3. The Commissioner may appoint a Principal Medical Officer, 
 and such Assistant and District Medical Officers, Sanitary In- 
 spectors, and other officers as he may deem necessary for carrying 
 these Regulations into effect, and may remove any officer so 
 appointed. All persons now holding appointments in the Medical 
 and Sanitary Departments, and all persons who shall be here- 
 after appointed under these Regulations, shall be subject to these 
 Regulations and any Rules that may be made under them. 
 
 4. Every Medical Officer must be registered as a duly qualified 
 practitioner under the Medical Acts in force in the United 
 Kingdom at the time of his appointment. 
 
 5. The Commissioner may make such Rules, under and con- 
 sistent with these Regulations, as may appear necessary for giving 
 effect to the purposes of these Regulations. 
 
 II. The Principal Medical Officer. 
 
 6. The Principal Medical Officer of the Protectorate, subject to 
 the orders and directions of the Commissioner, shall have the
 
 184 APPENDIX IV. 
 
 supervision, direction, and general superintendence of all District 
 Medical Officers and their subordinates, and of all prisons, hospitals, 
 and quarantine stations ; and shall be responsible for all medical 
 arrangements and sanitary duties within the Protectorate. The 
 Principal Medical Officer shall submit to the Commissioner such 
 Reports and Returns as may be required by the Rules, or as in 
 particular cases may be required by the Commissioner. 
 
 7. The Principal Medical Officer may suspend any subordinate, 
 below the rank of District Medical Officer, -for neglect of duty or 
 wilful disobedience of orders, pending the decision of the Com- 
 missioner. 
 
 8. The Principal Medical Officer shall have the right to board 
 any vessel or vessels within the Protectorate at any time he may 
 consider necessary for the discharge of his duty. 
 
 III. District Medical Officers. 
 
 9. Every District Medical Officer shall, subject to the Rules, be 
 under the sole control of the Principal Medical Officer in all matters 
 affecting the Medical and Sanitary Departments. 
 
 10. Each District Medical Officer shall send to the Principal 
 Medical Officer such periodical or special Reports and Returns as 
 may be prescribed by the Rules, or as may in particular cases be 
 required by the Principal Medical Officer. 
 
 11. In the case of an outbreak of small-pox or other highly 
 contagious or infectious disease, the following provisions shall 
 apply: 
 
 " (a.) Every occupier or master of a house shall report at once 
 to the District Medical Officer any outbreak of small-pox or other 
 contagious or infectious disease which may occur amongst any of 
 the family or servants ; and any occupier or master of a house who 
 conceals the existence of the said disease, or wilfully neglects to 
 report the same, is liable to a penalty not exceeding 101., or 
 imprisonment not exceeding fourteen days. 
 
 " (b.) On a case being reported to the Medical Officer, or its 
 coming to his knowledge that any such case has occurred, he shall 
 at once give instructions for the immediate removal of every 
 infected person or persons to some suitable place as may be deter- 
 mined on, and the said occupier or master, under the supervision 
 of the Medical Officer, shall be responsible for the removal. 
 
 " (c.) The District Medical Officer shall at once inform the 
 Vice-Consul of the existence of the case of small-pox or any other
 
 MEDICAL AND SANITARY REGULATIONS. 185 
 
 highly contagious or infectious disease, and shall be responsible for 
 the selection of a suitable site for the erection of huts for the 
 isolation and treatment of the patients. 
 
 " (d.} On the removal of an infected person from any house, 
 such house is to be thoroughly disinfected. The necessary 
 cleansing and disinfection of the house is to be earned out by the 
 occupiers under the directions of the District Medical Officer. 
 
 " (e.) If the Medical Officer ascertains, or has reason to suspect, 
 the existence in any house of a case of small-pox not previously 
 notified, he shall at once make an inspection of the said house, and 
 any person or persons wilfully obstructing him in the exercise 
 of his duty shall be liable to a penalty not exceeding 10/., or 
 imprisonment not exceeding fourteen days. 
 
 " (/.) In the event of an outbreak of small-pox, all inmates of 
 premises in which the disease occurs shall be liable to undergo 
 compulsory vaccination, or such isolation as the Medical Officer 
 may deem necessary. 
 
 " (g.) After an epidemic has subsided the hut or huts in which 
 the infected person or persons have been treated are to be burnt ; 
 in case of its being a permanent building, it must be thoroughly 
 disinfected and whitewashed. 
 
 " (h.) In the event of any person or persons becoming infected 
 or dying from cholera, yellow fever, small-pox, or other contagious 
 or infectious disease, the premises in which they reside, or have 
 resided, are to be thoroughly disinfected and cleansed, and all 
 bedding and clothes in use by the infected person or persons at 
 the time are to be burnt or otherwise destroyed. 
 
 " (i.) If the Medical Officer should deem it necessary, he may 
 cause the infected premises to be isolated for the space of forty- 
 eight hours, or such other period as he may consider sufficient to 
 carry out the necessary disinfection. During the said isolation no 
 person or persons shall be allowed to have any communication 
 with the infected premises, nor shall the occupant of the infected 
 premises be allowed to leave during the period of isolation." 
 
 IV. Burial-grounds. 
 
 12. The following Regulations shall apply to burials required to 
 take place in a public burial-ground : 
 
 " (1.) Every public burial-ground shall be under the super- 
 vision of the District Medical Officer, who shall see that they are 
 kept in a thorough state of repair.
 
 186 APPENDIX IV. 
 
 " (2.) All deaths occurring are to be reported within twelve 
 hours to the District Medical Officer of the district. If a medical 
 man has been in attendance, a medical certificate as to the cause of 
 death shall be required. 
 
 " (3.) All burials are to take place within twenty-four hours of 
 the death of the person or persons, except in the case of any 
 infectious or contagious disease, in which case the burial shall take 
 place as soon as possible. 
 
 " (4.) All intended interments must be notified to the District 
 Medical Officer of the district. 
 
 " (5.) All burials shall be carried out under the direct supervision 
 of the Sanitary Inspector or other person duly authorized by the 
 District Medical Officer, who shall see that the grave is dug to a 
 proper depth, &c., and a fee of 2s. Qd. will be charged for his 
 services. 
 
 " (6.) All allotments and burial orders are to be obtained from 
 the District Medical Officer. 
 
 " No burial is to take place without an order. 
 
 " (7.) Any person not complying with the above Regulations is 
 liable to a fine not exceeding 10/., or imprisonment, with or without 
 hard labour, for a period not exceeding fourteen days. 
 
 " (8.) The above Regulations shall apply to all burials required 
 to take place in a public burial-ground." 
 
 V. Sanitary Inspectors. 
 
 13. Each Sanitary Inspector shall be under the immediate con- 
 trol of the District Medical Officer, and shall have power to enter 
 and inspect all dwelling-houses and other buildings and premises, 
 so as to enable him to examine their sanitary condition. 
 
 14. He shall also carry out and obey any order or orders which 
 the Vice-Consul of the district, acting on the report of the Medical 
 Officer, may consider necessary from time to time to promulgate in 
 order to insure the health and sanitary condition of his district. 
 
 15. If the Sanitary Inspector finds any premises to be in such 
 an insanitary condition as to be prejudicial to health, he shall 
 forthwith report the matter to the Medical Officer; and if on 
 inspection of the premises the Medical Officer is satisfied that the 
 drains, privies, or surroundings are not in a sanitary condition, and 
 therefore injurious to the public health, he shall notify the same to 
 the occupier or occupiers of the said premises, and require him or
 
 MEDICAL AND SANITARY REGULATIONS. 187 
 
 them to carry out such order as he shall deem necessary to the 
 requirements of the case within a stated period. Any person not 
 carrying out such order shall be liable to a penalty not exceeding 
 10/., or fourteen days' imprisonment, with hard labour. 
 
 16. Every Sanitary Inspector shall perform such duties of inspec- 
 tion and reporting as may be required by the Rules, or as may in 
 special cases be required by the District Medical Officer or Yice- 
 Consul. 
 
 17. He shall also personally superintend, under the instructions 
 of the District Medical Officer, all burials, and see that they are 
 earned out in accordance with the provisions of these Regulations. 
 
 VI. Medical Officers of Ports. 
 
 18. The District Medical Officer shall also be the Medical Officer 
 of the port at which he is stationed, and shall have power to board 
 any vessel within the Protectorate at any time he may consider 
 necessary for the discharge of his duty. 
 
 19. " (1.) The master of any vessel arriving at any port of the 
 Niger Coast Protectorate, having on board a case or cases of any 
 contagious or infectious disease, such as cholera, yellow fever, or 
 small-pox, or arriving from an infected port, or having had a death 
 or deaths on board since leaving the last port resulting from any 
 such disease, shall, before bringing his ship to anchor, hoist the 
 Commercial Code Signal Q, and keep the same flying until he is 
 visited by the Medical Officer of the port. 
 
 "During the time that the vessel remains in quarantine the 
 master of the said vessel shall cause to be hoisted the Commercial 
 Code Signal Q, and no person may leave the vessel or have any 
 communication with the shore or with any vessel or vessels which 
 have been granted free pratique. 
 
 " (2.) Any master of a vessel giving false reports or concealing 
 from the proper authorities the existence of any of the aforesaid 
 diseases on board, or wilfully neglecting or refusing to obey or 
 cany out the above Regulations, shall be guilty of an offence, and 
 shall be liable to a fine not exceeding 100/., or three months' 
 imprisonment." 
 
 20. The Medical Officer of a port may impose any quarantine he 
 may think fit to meet the requirements of the case, and shall as 
 soon as possible report the matter to the Principal Medical Officer.
 
 188 APPENDIX IV. 
 
 21. On no account is pratique to be granted to any vessel whose 
 papers, bills of health, &c., are not in order. 
 
 22. Certificates of health shall be issued by the Medical Officer 
 of each port to the Chief Officer of Customs. 
 
 23. In the event of any vessel having to call at more than one 
 port in the Niger Coast Protectorate, it shall not be necessary to 
 issue a fresh bill of health from each port. The bill of health issued 
 at the first port of entry will be sufficient if indorsed by the Medical 
 Officer or Vice-Consul of each subsequent port. 
 
 24. All vessels entering any port of the Protectorate shall be 
 subject to the sanitary laws of the port.
 
 INSTRUCTIONS FOR CONSULAR OFFICERS. 189 
 
 APPENDIX V. 
 
 INSTRUCTIONS FOR THE GUIDANCE OF HER MAJESTY'S 
 CONSULAR OFFICERS IN GIVING EFFECT TO " THE AFRICA 
 ORDER IN COUNCIL, 1889." 
 
 1. All previous instructions under this Order are hereby revoked, 
 and the present instructions are substituted for them. 
 
 2. Article 5. The following are hereby constituted local jurisdic- 
 tions for the purposes of this Order : 
 
 (1.) The OH River Protectorate. 
 
 (2.) The Congo Free State. 
 
 (3.) The British sphere on the East Coast of Africa, exclusive of 
 
 the dominions of His Highness the Sultan of Zanzibar. 
 (4.) The British sphere north of the Zambesi. 
 
 3. Article 9. Madagascar, with its dependencies and territorial 
 waters, is constituted a local jurisdiction under this Article. The 
 other local jurisdictions, for the present constituted, are indicated 
 above. 
 
 4. Article 15. No declaration under this Article as to the 
 application of Colonial Laws or Ordinances appears to be necessary 
 at present ; but Her Majesty's Consular officers should report 
 upon the subject, making any recommendations they may think 
 needful. 
 
 5. Articles 18, 61, 78, 79, 80, and 91. A collection of the follow- 
 ing Acts alluded to in the Order is annexed for information and 
 guidance (Appendix A) : 
 
 1 & 2 Geo. IV. cap. 28. 
 24 & 25 Yict., cap. 31. 
 34 & 35 Viet., cap. 8. 
 26 & 27 Viet., cap. 35. 
 36 & 37 Viet., cap. 59. 
 42 & 43 Viet., cap. 38.
 
 190 APPENDIX V. 
 
 50 & 51 Viet., cap. 54. 
 
 " The Foreign Jurisdiction Act, 1843 " (repealed). 
 
 " The Foreign Jurisdiction Act, 1890." 
 
 " The Admiralty Offences (Colonial) Act, 1849." 
 
 " The Admiralty Offences (Colonial) Act, 1860." 
 
 " The Merchant Shipping Act, 1867," section 11. 
 
 " The Fugitive Offenders Act, 1881." 
 
 " The Colonial Prisoners Eemoval Act, 1884." 
 
 " The Evidence Act, 1851," sections 7 and 11. 
 
 " The Foreign Tribunals Evidence Act, 1856." 
 
 " The Evidence by Commission Act, 1859." 
 
 " The Evidence by Commission Act, 1885." 
 
 " The British Law Ascertainment Act, 1859." 
 
 " The Foreign Law Ascertainment Act, 1861." 
 
 6. Article 19. A seal should be adopted for each Court. 
 
 7. Article 21. The following are hereby constituted Courts of 
 Appeal from the Courts of the respective local jurisdictions herein- 
 before constituted, viz. : 
 
 (1.) For the Oil Biver Protectorate the Court of Appeal shall be 
 
 the Supreme Court of the Colony of Lagos. 
 (2.) For the Congo Free State the Court of Appeal shall be the 
 
 Supreme Court of the Gold Coast Colony. 
 (3.) For the British sphere on the East Coast of Africa, exclusive 
 
 of the dominions of His Highness the Sultan of Zanzibar, 
 
 the Court of Appeal shall be the Supreme Court of 
 
 Bombay. 
 (4.) For the British sphere north of the Zambesi the Court of 
 
 Appeal shall be the Supreme Court of the Colony of the 
 
 Cape of Good Hope. 
 (5.) For Madagascar the Court of Appeal shall be the Supreme 
 
 Court of the Colony of Mauritius. 
 
 8. Article 55. A collection of the following Acts and Orders in 
 Council respecting copyright, trade-marks, &c., and merchandize 
 marks, is annexed (Appendix B) : 
 
 5 & 6 Yict., cap. 45. Copyright, 1842. 
 49 & 50 Viet., cap. 33. 1886. 
 
 46 & 47 Viet., cap. 57. Patents, &c., 1883. 
 
 48 & 49 Viet., cap. 63. 1885. 
 
 49 & 50 Viet., cap. 37. 1886. 
 51 & 52 Viet., cap. 50. 1888. 
 
 50 & 51 Viet., cap. 28. Merchandize Marks, 1887.
 
 INSTRUCTIONS FOR CONSULAR OFFICERS. 191 
 
 Orders in Council. 
 
 June 26, 1884. Patents, &o. 
 January 27, 1885. 
 
 September 17, 1885. 
 July 12, 1887. 
 November 17, 1888. 
 May 28, 1889. 
 
 May 28, 1889. 
 
 November 28, 1887. Copyright. 
 August 10, 1888. 
 
 October 15, 1889. 
 
 These should be published at the Consular Court in conformity 
 with proviso (1) of this Article. 
 
 9. Articles 95 and 96. Rules of Procedure are annexed to the 
 Order in Council. Any fresh Rules which may be required from 
 time to time should be framed by the Consular officer under these 
 Articles, and submitted for the approval of Her Majesty's Secretary 
 of State. When so approved they should be exhibited in each 
 Court and Consulate, as provided in Article 97. 
 
 10. Article 96. Annexed is a scale of fees to be adopted under 
 the Order. (Appendix C.) 
 
 11. Article 99. Queen's Regulations under this Article, as they 
 are required from time to time, may be framed by the Consular 
 officer, so far as necessary in his particular jurisdiction, and 
 submitted for the approval of Her Majesty's Secretary of State. 
 When so approved, they should be exhibited in each Court and 
 Consulate. 
 
 12. Article 102. Under this Article, the officer exercising judicial 
 powers under the Order should order the deportation to be made to 
 such place as may appear to him most convenient, due regard being 
 had to the place of birth or domicil of the person to be deported. 
 No deportation should be made to the Cape Colony or Natal with- 
 out the previous consent of the Governments of those Colonies. 
 
 13. The expenses of deportation, which may be defrayed by 
 the officer, should be accounted for to Her Majesty's Secretary of 
 State. 
 
 It is the desire of Her Majesty's Government that expenses in- 
 curred under this Order on account of persons born or domiciled in 
 British Colonies or possessions abroad should, when not paid by the 
 persons themselves, be, so far as practicable, defrayed by the
 
 192 APPENDIX V. 
 
 Governments of the Colonies or possessions to which the persons 
 belong. 
 
 Officers administering the Order should bear this desire in mind 
 in determining, not merely the place of deportation, but that of the 
 trial and punishment of the persons in question. 
 
 14. Article 108. All fees, fines, &c., levied under the Order, 
 should be accounted for to Her Majesty's Secretary of State. 
 
 15. Article 113. The West Africa Order in Council, 1885, and 
 the Order in Council for Madagascar, 1869, are repealed from the 
 commencement of this Order. 
 
 16. Article 115. Attention is directed to this section as to the 
 time of commencement of the Order. 
 
 17. Article 116. Fifty copies of the Order have been supplied 
 for the use of the Consular officer of each local jurisdiction. 
 
 One copy must be exhibited in each Consular Court. 
 
 Copies may be sold to the public at the price of 5s. each, and the 
 Consular officer should apply to Her Majesty's Secretary of State 
 for any further supply of copies which may at any time be 
 required. 
 
 (Signed) SALISBURY. 
 
 Foreign Office, July 31, 1891. 
 
 APPENDICES (A) and (B). 
 Collections of Acts and Orders in Council.
 
 SCALE OF FEES. 193 
 
 APPENDIX VI. 
 
 SCALE OF FEES. 
 
 Service. 
 
 s. d. 
 
 For service of summons, petition, answer, motion-paper, 
 notice, warrant, decree, order, or other document on a 
 party, witness, juror, assessor, or other person under any 
 branch whatever of the civil jurisdiction 
 
 Within one mile (English) of Court 2 6 
 
 Beyond, for every further complete mile 1 
 
 Decision of Questions without formal Suit. 
 
 On summons for issue or special case 1 
 
 On issue or special case 010 
 
 On hearing 1 
 
 Summary Procedure for Administration of Property of Deceased 
 
 Persons. 
 
 On summons 1 
 
 On order 1 
 
 Summary Orders before Suit. 
 
 On application for order 010 
 
 On recognizance 10 
 
 On order 5 
 
 Bankruptcy and Liquidation oy Arrangement or Composition. 
 
 On declaration by a debtor of inability to pay his debts .... 5 
 
 On debtor's summons 5 
 
 On bankruptcy petition 5 
 
 On petition for arrangement or composition 1 
 
 On order for adjudication 1 
 
 On meeting or adjournment of meeting 1 
 
 per cent, on the gross amount 
 
 On special resolution presented to the 
 Registrar for registration 
 
 of the assets, not exceeding 
 a total fee of 200/. 
 
 / J per cent, on the gross amount 
 On extraordinary resolution presented Q ^ iti not exceeding 
 
 to the Eegistrar for registration . . [ ft total fee of 2m 
 On order of discharge 2 
 
 N. O
 
 194 
 
 APPENDIX VI. 
 
 On notice to creditors, each 
 
 On preparing advertisement 5 
 
 On execution of warrant 1 
 
 On keeping possession, per diem 10 
 
 On inventory, per diem 1 
 
 Prolate and Administration. 
 
 d. 
 3 
 
 
 
 
 
 
 On application for probate or administration 1 
 
 On oath for every executor, and administrator, and surety . . 010 
 On every security 1 
 
 The like sum as is for the time 
 < 
 
 On probate or letters of administra- 
 tion with will annexed . 
 
 On letters of administration without 
 will annexed . 
 
 Where the Court appoints as admini- 
 strator an officer of the Court . 
 
 being payable in England for 
 stamp duty in like cases, not 
 exceeding a total fee of 1001. 
 The like sum as is for the time 
 being payable in England for 
 stamp duty in like cases, not 
 exceeding a total fee of 150/. 
 In addition to the foregoing, 
 1 per cent, on the value of 
 the estate and effects, not 
 exceeding (with the fore- 
 going) a total fee of 2001. 
 
 s. d. 
 
 On filing account 10 
 
 On passing account 1 
 
 Ordinary Suits. 
 
 In every suit of any kind whatever, other than such as are 
 before specified 
 
 V 
 
 Where amount involved is 
 Under 101 
 
 
 On Summons or 
 Petition. 
 
 On Hearing. 
 
 s. d. 
 026 
 026 
 076 
 per cent, on 
 amount involved, 
 not exceeding a 
 total fee of 251. 
 
 1 
 
 *. d. 
 026 
 050 
 10 
 b per cent, on 
 amount involved, 
 not exceeding a 
 total fee of 251. 
 
 1 
 
 101. and under 20/ 
 
 
 201. and under 501 
 
 
 50/. or upwards 
 
 e 
 
 Where judicial relief or assisi 
 ance is sought, but not th 
 recovery of money 
 

 
 SCALE OF FEES. 
 
 195 
 
 s. d. 
 On every summons, motion, application, or demand, taken 
 
 out, made, or filed (not particularly charged) 5 
 
 On every rule 10 
 
 On every decree or order (not particularly charged) 2 6 
 
 On motion for new trial after trial with a jury 1 
 
 On order for adjournment of hearing rendered necessary by 
 
 default of either party (to be paid by that party) 7 6 
 
 On every warrant of execution against goods 
 
 For less than 501 5 
 
 For 50/. or upwards 1 
 
 For keeping possession, per diem 010 
 
 Appeal to Supreme Consular Court. 
 
 On motion for leave to appeal 010 
 
 On every security 010 
 
 On order for leave to appeal 1 
 
 On appeal against adjudication 
 of bankruptcy 
 
 On appeal against allowance, 
 suspension, or refusal of order 
 of discharge in bankruptcy 
 
 On appeal where judicial relief 
 or assistance is sought, but 
 not the recovery of money . . 
 
 On any appeal other than such \ 
 as are before specified . . . . j 
 
 On Petition or 
 Motion. 
 
 s. d. 
 500 
 
 500 
 
 200 
 
 r per cent, on 
 amount involved, 
 not exceeding a 
 total fee of 251. 
 
 On Hearing. 
 
 s. d. 
 200 
 
 200 
 
 200 
 
 - per cent, on 
 amount involved, 
 not exceeding a 
 total fee of 251. 
 
 Appeal to Her Majesty in Council. 
 
 On motion for leave to appeal , 2 
 
 On every security 2 
 
 On order for leave to appeal 5 
 
 On record of appeal (including expense of trans- ( Such sum as the 
 
 mission) I Court directs. 
 
 o2
 
 196 APPENDIX VI. 
 
 Miscellaneous. 
 
 *. d. 
 
 On taxation of any bill of costs, for every ten folios, from 
 
 each party to the taxation 5 
 
 On every deposition taken before trial 010 
 
 On balances of estates of deceased persons paid ( 2 per cent, on 
 
 into Court otherwise than in a suit I amount. 
 
 On deposit or registration of bill of sale, will, deed of 
 
 partnership, or other document 1 
 
 On notice of bill of sale filed 1 
 
 For taking inventory, per diem 1 
 
 For protest of a bill of exchange, and copy 1 
 
 For noting a bill of exchange 5 
 
 For copy of such notation 2 6 
 
 For taking an affidavit 5 
 
 For every exhibit 2 6 
 
 For drawing a will 
 
 If not exceeding 200 words 1 
 
 If exceeding that number, for every subsequent 100 
 
 words or fraction thereof 5 
 
 For filing any document whatever 5 
 
 For certifying signature or seal 5 
 
 For attendance at a sale 
 
 At request of parties interested or of local authorities, 
 
 if absent less than two hours 2 
 
 At request of parties interested, for each additional 
 hour or fraction thereof, 10*., with a maximum per 
 
 day of 4 
 
 On reference to the archives 2 6 
 
 For certified copy of document in the archives 
 
 For first 100 words 2 6 
 
 For every further 100 words 1 
 
 For preparing contracts between travellers and persons in 
 
 their employment or other persons 010 
 
 For certified copy of such documents 
 
 For first 100 words 2 6 
 
 For every further 100 words 1 
 
 For an official certified translation of any document 
 
 For first 100 words 010 
 
 For every further 1 00 words 5 
 
 For communication between two Consular Courts 010 
 
 For r.mnTminir.fl.tion in writing to a foreign Consulate, or to 
 
 local authority 010
 
 SCALE OF FEES. 197 
 
 s. d. 
 
 For attendance of Consular officer at local office or Tribunal 
 Where amount involved is 
 
 Under 250/ 010 
 
 250/., and under 500J 1 
 
 500L, and under 1,000/ 2 
 
 {J per cent, on amount involved, 
 not exceeding a total fee of 
 50L 
 
 For attendance of Interpreter at Con-i , ,, .- , ,. 
 
 -, . . , Such sum as the Court directs, 
 
 sular Court, i required by a party v ,. , ,. 
 
 J I not exceeding 3J. per diem. 
 
 in a suit 
 
 Criminal Matters. 
 
 On every summons or warrant, unless specially directed by 
 
 the Court to be issued 2 6 
 
 On hearing in summary case 2 6 
 
 On warrant of commitment 1 6 
 
 On recognizance 1 
 
 For service of notice on each juror or assessor 2 6 
 
 On trial with a jury 10 
 
 On record of sentence on a trial with a jury 10
 
 198 APPENDIX VII. 
 
 APPENDIX VII. 
 
 TABLE OF CUSTOMS DUTIES. 
 
 (1st October, 1894.) 
 
 s. d. 
 On Wine, Ale, Porter, and Beer of every sort, the Case of 
 
 one dozen old Wine Bottles, or part thereof * 6 
 
 On Brandy, Bum, Gin, Liqueurs, and Miscellaneous Spirits 
 or Strong Waters, not being sweetened or mixed with 
 any article, so that the degree of strength cannot be 
 ascertained by Sykes' Hydrometer, where the degree of 
 strength does not exceed proof. For each Imperial 
 
 Gallon, or part thereof 1 
 
 And for every degree or part of a degree overproof, an 
 
 additional duty the Imperial Gallon, or part thereof. ... 01 
 On Brandy, Gin, Rum, Liqueurs, and Miscellaneous Spirits 
 or Strong Waters, these being sweetened or so mixed 
 that the degree of strength cannot be ascertained as 
 aforesaid. On each Imperial Gallon, or part thereof . . 10 
 On Unmanufactured Tobacco. The Pound, or part thereof. . 2 
 
 On Gunpowder. The Pound, or part thereof 2 
 
 On Salt. Per Ton, or part thereof 4 
 
 On Lead, in any form. The Pound, or part thereof 1 
 
 On Flint-Lock Trade Guns, known as " Danes." Each .... 1 
 
 Exemptions. 
 
 All Goods imported with the sanction of the Consul-General for the 
 service of any Public Department of the Protectorate. 
 
 Customs Duties will be paid in British currency, or one half by 
 approved drafts on Banks in Great Britain, the other half in currency.
 
 TABLE OF CUSTOMS DUTIES. 199 
 
 Table of Prohibitions and Restrictions. 
 
 \ 
 
 (a.) The following Goods are absolutely prohibited to be imported : 
 Coin, viz., false money, or counterfeit sterling. 
 Coin; silver of the Kealm, or any money purporting to be 
 
 such, not being of the established standard in weight or 
 
 fineness. 
 Indecent or obscene prints, paintings, photographs, books, 
 
 cards, lithographs, or other engravings, or any other 
 
 indecent or obscene articles. 
 (b.} The following Goods are prohibited to be imported, except subject 
 
 to the restrictions on importation herein contained : 
 Infected cattle, sheep, or other animals, and hides, skins, 
 \. horns, hoofs, or any other part of cattle, or other 
 
 animals, which the Commissioner may, by Order in 
 .> Council, prohibit in order to prevent any contagious 
 
 distemper. 
 Provisions, meat, and vegetables unfit for human food, which 
 
 shall be destroyed or otherwise disposed of, as the 
 
 Commissioner may direct. 
 Machine guns, breech-loading rifles, cannons, smooth bore 
 
 cap guns, magazine guns, revolvers, and their cartridges, 
 
 bullets, caps, shot, or other ammunition : Provided that 
 
 the Commissioner may by licence authorize any person 
 
 to import and possess within the jurisdiction, for the 
 
 purposes of sport or personal protection, any specified 
 
 arms or ammunition.
 
 200 APPENDIX VIII. 
 
 APPENDIX VIII. 
 
 THE following notices as to Provisional Boundaries were issued in 
 1894 : 
 
 Western Boundary. 
 
 " Between Lagos and the Niger Coast Protectorate the line of 
 demarcation commences on the seashore 10 miles to the north-west 
 of the Benin River, and runs parallel to that river at a distance 
 of 10 miles from it until it reaches the Lagos Creek. From that 
 point it follows the boundary of the Benin country, which is 
 included within the Niger Coast Protectorate." 
 
 Eastern Boundary. 
 
 (Extract from the Agreement, signed at Berlin, April 14, 1893, 
 between Great Britain and Germany respecting the Rio del 
 Rey.) 
 
 (1) " The point named in Section 2, Article IV. of .the Anglo- 
 German Agreement of July 1st, 1890, as the head or upper end of 
 the Rio del Rey Creek shall be the point at the North-west end of 
 the island lying to the west of Oron, where the two waterways, 
 named Urufian and Ikankan, on the German Admiralty Chart of 
 1889-90 meet. 
 
 (2) " From this upper end of the Rio del Rey to the sea, that is 
 to say, to the promontory marked West Huk on the above-men- 
 tioned chart, the right bank of the Rio del Rey waterway shall be 
 the boundary between the Niger Coast Protectorate and the Colony 
 of the Cameroons. 
 
 (3) " The German Colonial Administration engages not to allow 
 any trade-settlements to exist or be erected on the right bank of 
 the Rio del Rey Creek or waterway. In like manner the adminis- 
 tration of the Niger Coast Protectorate engages not to allow any 
 trade-settlements to exist or be erected on the western bank of the 
 Backasay (Bakassey) Peninsula from the first creek below Archi- 
 bong's (Arsibon's) village to the sea, and eastwards from this bank 
 to the Rio del Rey waterway."
 
 PROVISIONAL BOUNDARIES, 1894. 201 
 
 Western Boundary of the Territories of the Royal 
 Niger Company, 
 
 " On the west of the Niger River the boundary line starts at the 
 middle of the mouth of the Forcados Eiver, follows that river 
 midway to the mouth of the Warri Creek, and follows that creek mid- 
 way up to a point 2| miles below the mouth of the creek leading 
 to Oagbi and Akiabodo. From that point the line runs to the 
 north-east for 10 miles, and thence due north for 50 miles. 
 The line is drawn subject to modification by further delimitation, 
 according to local requirements. 
 
 " Title /(Eoyal Nteer/Conrriany h/CVe sflfreed/that Aheir. reveirke- 
 
 / / -A, I \ f \ f L I \ I \ / \ / l^ i\ I 
 
 hulk Wth|6 Warril Creek yshalll We moored not leBs\tMn\ I/mile 
 above tneopoiniNon tnf crMk where the linajw delimitation ends."" 
 
 Eastern Boundary of the Territories of the Royal 
 Niger Company, 
 
 " On the east of the Nun mouth of the Niger Eiver the boundary 
 is formed by a straight line commencing at a point midway between 
 the Nun mouth and the mouth of the Brass Eiver, and terminating 
 at the town of Idu, it being understood that the line shall, if neces- 
 sary, be diverted so as to secure to the Niger Coast Protectorate a 
 zone of not less than 3 miles to the westward of the stream 
 marked on Mr. Johnston's Map as forming a direct communication 
 between Brass and Idu, and to secure to the Niger Company a zone 
 of not less than 3 miles to the eastward of the main stream of the 
 Niger. This line is subject to modification on further delimitation 
 according to local requirements. 
 
 " It is to be understood that Idu is, until further arrangements 
 shall be made, under the joint administration of the Eoyal Niger 
 Company and the Niger Coast Protectorate. Natives belonging to 
 either Protectorate resident in Idu will be dealt with by the admi- 
 nistration of the Protectorate to which they belong. Natives of 
 Idu will be under joint jurisdiction by arrangement between the 
 two administrations." 
 
 K.
 
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