suspension, the Governor is strictly to observe the directions in that behalf given to him by any Instructions as aforesaid.

XIV. When any crime or offence has been committed within the Protectorate, or for which the offender may be tried therein. the Governor may, as he shall see occasion, in His Majesty's name and on His Majesty's behalf, grant a pardon to any accomplice in such crime or offence who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders, if more than one; and further, may grant to any offender convicted in any Court, or before any Judge or other Magistrate, within the Protectorate, a pardon, either free or subject to lawful conditions, or any remission of the sentence passed on such offender, or any respite of the execution of such sentence, for such period as the Governor thinks fit, and may remit any fines, penalties or forfeitures due or accrued to His Majesty.

XV. Whenever the office of Governor is vacant, or if the Governor becomes incapable or be absent from the Protectorate, or is from any cause prevented from acting in the duties of his office, then such person or persons as His Majesty may appoint under His Sign Manual and Signet, and in default of any such appointment the Senior Member of the Executive Council shall, during His Majesty's pleasure, administer the Government of the Protectorate, first taking the oaths hereinbefore directed to be taken by the Governor and in the manner herein prescribed, which being done, the administrator as aforesaid is hereby authorised, empowered and commanded to do and execute, during His Majesty's pleasure, all things that belong to the office of Governor according to the tenour of this Order, and according to His Majesty's Instructions as aforesaid, and the Laws of the Protectorate. Provided that the Governor during his passage by sea to or from any part of the Protectorate, or when, in the exercise or discharge of any powers or duties by this Order in Council or otherwise conferred or imposed upon him, he is in any territories adjacent to or near to the Protectorate, shall not be considered to be absent from the Protectorate.

XVI. In the event of the Governor having occasion at any time to be temporarily absent for a short period from the seat of Government or in the exercise or discharge of any powers or duties by this Order in Council or otherwise conferred or imposed upon him by His Majesty to visit any territories adjacent to or near to the Protectorate, he may by an instrument under the Public Seal of the Protectorate appoint any person or persons to be his Deputy or Deputies within any part of the Protectorate, and in that capacity to exercise, during his pleasure, such of the powers hereby vested in the Governor, except the powers of suspension

and pardon, as the Governor shall think fit to assign to him or them. The appointment of such Deputy or Deputies shall not affect the exercise by the Governor himself of any of his powers or authorities. Every such Deputy shall, in the discharge of his office, conform to and observe all such Instructions as the Governor shall address to him for his guidance.

XVII. And all His Majesty's Officers, Civil and Military, and all other the inhabitants of the Protectorate are hereby required and commanded to be obedient, aiding, and assisting unto the Governor, and to such person or persons as may from time to time, under the provisions of this Order, administer the Government of the Protectorate.

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XVIII. In this Order the term the Governor' unless inconsistent with the context, shall include every person for the time being administering the Government of the Protectorate.

XIX. His Majesty, His heirs and successors, in Council may at any time revoke. alter, or amend this Order.

XX. The following Sections of the Order of His Majesty in Council, dated the 11th August, 1902, and known as the East Africa Order in Council, 1902, shall, upon the coming into operation of this Order, be revoked, without prejudice to anything lawfully done thereunder, namely:-Sections 4, 5, 8, 9, 10, 12 [except Sub-sections (8) and (10)], Sections 17 and 19.

XXI. This Order shall be read and proclaimed within the Protectorate, and shall thereupon commence and come into operation. And the Right Honourable the Earl of Elgin, K.G., one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein.

A. W. FITZROY.

AFRICA (Somaliland).

BRITISH ORDER IN COUNCIL providing for the Appointment of a Commissioner, &c., in the Somaliland Protectorate. London, June 23, 1904.*

At the Court at Buckingham Palace, the 23rd day of June, 1904. PRESENT THE KING'S MOST EXCELLENT MAJESTY, IN COUNCIL.

WHEREAS by treaty, grant, usage, sufferance and other lawful means, His Majesty the King has power and jurisdiction within the Somaliland Protectorate:

London Gazette," June 24, 1904.

Now, therefore, His Majesty, by virtue and in exercise of the powers on this behalf by "The Foreign Jurisdiction Act, 1890,"* or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council to order, and it is hereby ordered, as follows:

:

1. This Order may be cited as "The Somaliland Order in Council, 1904," and shall be construed as one with the Somaliland Order in Council, 1899.†

2. In this Order

Crown Lands" means all public lands in the Protectorate which are subject to the control of His Majesty by virtue of any Treaty, Convention, or Agreement, or of His Majesty's Protectorate, and all lands which shall have been acquired by His Majesty for the public service or otherwise howsoever.

"The principal Order" means the Somaliland Order in Council, 1899.

3. (1) His Majesty may by Commission under his Sign Manual and Signet appoint a fit person to administer the Government of the Protectorate under the designation of Commissioner or such other designation as His Majesty thinks fit, and the person so appointed is hereinafter referred to as the Commissioner.

(2) In the event of the death, incapacity, removal, or absence from the Protectorate of the Commissioner for the time being, all and every the powers and authorities by this Order granted to him shall, until His Majesty's further pleasure is signified through the Secretary of State, be vested in the Deputy Commissioner or other principal officer of the Protectorate Government for the time being in the Protectorate.

(3) The Commissioner shall administer the Government of the Protectorate in the name and on behalf of His Majesty, and shall do and execute in due manner all things that shall belong to his said command and to the trust thereby reposed in him, according to the several powers and authorities granted or appointed to him by virtue of this Order and of his Commission, and according to such instructions as may from time to time be given to him under His Majesty's Sign Manual and Signet, or by Order of His Majesty in Council, or by His Majesty through a Secretary of State, and according to such laws as are or shall hereafter be in force in the Protectorate.

4. All references to the Consul-General in the Principal Order or in the Somaliland Order in Council, 1903, or in any King's Regulations, Proclamations, Notices, Rules of Court or other documents issued or made under the Principal Order shall be deemed to be references to the Commissioner, and construed accordingly. *See Vol. 18. Page 561. † See Vol. 21. Page 124. See Vol. 23. Page 97.

5. The Commissioner shall have an official seal, bearing the style of his office, and such device as a Secretary of State from time to time approves, and such seal shall be deemed the public seal of the Protectorate, and may be kept and used by the Commissioner for the sealing of all things whatsoever that shall pass the public seal. And, until a public seal shall be provided, the seal of the Commissioner may be used as the public seal.

6. (1) The Commissioner may, with the approval of the Secretary of State, by Proclamation define any boundaries of the territories for the time being within the limits of this Order, and divide those territories into provinces or districts in such manner and with such subdivisions as may be convenient for purposes of administration, describing the boundaries thereof and assigning names thereto.

(2) If a question arises whether any place is or is not within the Protectorate, or within any province or district, and such question does not appear to be determined by any such Proclamation, or other evidence, it shall be referred to the Commissioner, and a certificate under his hand and seal shall be conclusive on the question, and judicial notice shall be taken thereof.

7.-(1) All rights of His Majesty in or in relation to any Crown. lands shall vest in and may be exercised by the Commissioner for the time being in trust for His Majesty, or, if the Secretary of State at any time with respect to all or any such lands by order under his hand so directs, in such other trustee or trustees for His Majesty as the Secretary of State may appoint.

(2) The Secretary of State may, when he thinks fit, by a like order remove any trustee so appointed, and may appoint any new or additional trustee or trustees.

(3) The Commissioner, or such other trustee or trustees, may make grants or leases of any Crown lands, or may permit them to be temporarily occupied, on such terms and conditions as he or they may think fit, subject to the provisions of any King's Regulations.

(4) All mines and minerals being in, under, or upon any lands in the occupation of any native tribe, or any members thereof, or of any person not possessed of the right to work such mines and minerals shall vest in the Commissioner, or such trustee or trustees, in like manner as the mines and minerals being in, under, or upon any Crown lands.

8. (1) A Secretary of State, or the Commissioner, subject to the directions of a Secretary of State, may, on behalf of His Majesty, appoint, or authorize the appointment of, such public officers for the administration of the Protectorate, under such designations as he may think fit, and may prescribe their duties.

(2) The Commissioner may, upon sufficient cause to him ap

pearing, suspend from the exercise of his office in the Protectorate any such public officer, which suspension shall continue and have effect only until His Majesty's pleasure therein shall be made known and signified to the Commissioner.

(3) Subject to the provisions of any King's Regulations, the Commissioner may appoint, or may authorize Heads of Departments to appoint, such clerks and other subordinate officers as may be required; and unless other provision is made all subordinate officers shall be removable by the respective officers by whom they were appointed.

9. The powers of the Secretary of State with respect to the application to the Protectorate of enactments and Acts of the Governor-General of India in Council, or of the Governor of Bombay in Council under Article 7 of the Principal Order, and of laws and ordinances for the time being in force in any British possession under Article 9 of that Order, shall, on the commencement of this Order, be transferred to the Commissioner, but those powers shall be exercised by him only by means of Regulations made under and subject in all respects to the provisions of Article 32 of the Principal Order.

10.* The Commissioner may by such Regulations repeal or amend with respect to the Protectorate any enactments, Acts, laws, or ordinances which are made applicable or have been brought into operation in the Protectorate by or under any of the provisions of Articles 7 and 9 of the Principal Order.

11. All King's Regulations made or to be made under Articles 32 or 33 of the Principal Order, or under Article 3 of the Somaliland Order in Council, 1903.† shall, unless a contrary intention appears, extend to natives, and may in relation to natives comprise such special provisions, modifications, and penalties as the Commissioner may think fit.

12. In all cases, civil and criminal, to which natives are parties every Court (a) shall be guided by native law, so far as it is applicable and is not repugnant to justice and morality, or inconsistent with any Order in Council or King's Regulations, or any regulation or rule made under any Order in Council or King's Regulations; and (b) shall decide all such cases according to substantial justice, without excessive regard to technicalities of procedure and without undue delay.

13. The production of a grant of probate or of letters of administration shall, notwithstanding any provision to the contrary contained in any Indian Act or Law in force in the Protectorate or in the Principal Order, be necessary to establish the right to recover or receive any part of the estate or effects of any deceased person situate in the Protectorate.

Repealed by Article 3 of the Order in Council of January 8, 1906. See page 48. † See Vol. 23. Page 97,