THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST. 1887.
Evidence.
943
40. Sections 7 and 11 of "The Evidence Act. 1851" (relating to proof of judgments and other documents) are hereby extended to Zanzibar.
41. The following Acts, namely:-
"The Foreign Tribunals Evidence Act, 1856,'
The Evidence by Commission Act, 1859,” 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 Zanzibar, with the adaptation following, namely:-
In those Acts the Consul-General is hereby substituted for a Supreme Court in a Colony.
42. The following Acts, namely:--
Ascertainment of Law.
"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 Zanzibar, with the adaptation following, namely:-
In those Acts the Consul-General is hereby substituted for a Superior Court in a Colony.
PART X.-REGISTRATION OF DOCUMENTS.
43.-(a.) From and after the commencement of any rules to be made as in this Article mentioned, a non-testamentary instrument to which a British subject is a party, executed after the commencement of such rules, and purporting or operating to create, declare, assign, limit, or extinguish, whether in present or in future. any right, title, or interest, whether vested or contingent, to, in, or over immovable property situate in Zanzibar, shall not affect any immovable property comprised therein, or be received as evidence of any transaction affecting that property, unless it has been registered at such time and place and in such manner as may have been prescribed by rules to be made from time to time by the Consul-General and approved by the Secretary of State.
(b.) Provided that nothing in this article shall make any instrument inadmissible in evidence in any, criminal proceedings,
PART XI-MISCELLANEOUS.
Fees and other Money.
44.-(a.) The Consul-General may, from time to time, with the approval of the Secretary of State and concurrence of the Commissioners of Her Majesty's Treasury, make rules imposing fees leviable in respect of any proceedings in, or processes issued out of, any Court established under this Order. and in respect of the registration of any instrument under this Order, provided that the scales of such fees have been sanctioned by the Commissioners of Her Majesty's Treasury.
(b.) But a Court before which any matter is pending may, in any case, if it thinks fit, on account of the poverty of a party, or for any other reason, dispense in whole or in part with the payment of any fee chargeable in respect of such matter.
(c) The Court shall, in every such case, forthwith report the dispensation to the Consul-General, and he shall give such directions thereon as he thinks fit.
(d.) Nothing in this Order shall affect the Order in Council made at Buckingham Palace the 1st May, 1855, prescribing a Table of fees to be taken by Consular officers; and, where a fee is taken under that Order, no fee shall be taken, in respect of the same matter, under this Order.
45.-(a.) All fees, charges, expenses, costs, fines, damages and other money payable under this Order, or under any law made applicable by this Order, may, if no provision is made by any law for the time being in force for the recovery of the same, be recovered by the Consul-General or Vice-Consul by attachment and sale of the moveable property of the person by whom they are payable, and in case of deficiency by imprisonment in the civil gaol for a term not exceeding one month.
(b.) Any bill of sale or mortgage, or transfer of property, made with the view of avoiding such › attachment or sale, shall not be effectual to defeat the provisions of this Order.
(c.) All fees, penalties, fines, and forfeitures levied under this Order, except such as may under Treaty be paid to the Sultan of Zauzibar, shall be paid to the public account, and shall be applied in such manner as the Commissioners of Her Majesty's Treasury may direct.
Neglect or Misconduct of Officers of Court.
46.-(a.) If an officer of any Court established under this Order, employed to execute an order, loses, by neglect or omission, the opportunity of executing it then, on complaint of the person aggrieved and proof of the fact alleged, the Court may, if it thinks fit, order the officer to pay the damages. sustained by the person complaining, or part thereof.
(6.) The order may be enforced as an order directing payment of money.