PUBLIC RECORD OFFICE
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Reference :-
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C.O. 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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between Lord Salisbury and yourself that this part of Northern Rhodesia, designated in the Draft Order in Council as Barotziland-North-West Rhodesia, should be administered under the control of the Colonial Office by the High Commissioner for South Africa, whilst the north-eastern portion, which had close relations with the British Central Africa Protectorate, would continue to be under the control of the Foreign Office, and would be administered directly by the British South Africa Company, under a separate Order in Council on the lines of the Southern Rhodesia Order in Council of 20th October, 1898.
That whilst thus, on the one hand, for reasons connected with the question of the boundary between North-Western Rhodesia and Portuguese West Africa, which was not yet settled, it had been thought inadvisable that the direct administration of this territory should be placed at the present moment in the hands of the British South Africa Company, on the other hand, in view of the extensive rights which the Company had acquired in the country, which was within the scope of their Charter, it had been decided that they should defray the expenses of administration so far as these were not covered by the revenue raised."
That Mr. Bertram Cox was to enclose, ir: addition to the Draft Order, copies of the Charter of the British South Africa Company, and of the Order in Council of the 9th May, 1891, and of a letter from the Colonial Office to the British South Africa Company of the 4th of October; and he was to request that, having taken these papers into our considera- tion, we would favour you with our opinion as to whether the Draft Order in Council was sufficient for its purpose or required amendment in any, and, if so, what, particulars.
In obedience to your commands, we have taken the papers submitted to us into our consideration, and have the honour to
Report--
That in our opinion the Draft Order in Council, as initialled by us, sufficient for its intended
purpose.
The Right Honourable Joseph Chamberlain, M.P..
&C.,
&c.,
&c.
is
proper and
We have, &c.,
RICHARD E. WEBSTER. ROBERT B. FINLAY.
Draft Order in Council for Barotziland-North-Western Rhodesia. WHEREAS the territories of Africa situated within the limits of this Order, as hereinafter described, are under the protection of Her Majesty the Queen :
And whereas by treaty, grant, usage, sufferance, and other lawful means, Her Majesty has power and jurisdiction in the said territories :
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. This Order may be cited as the Barotziland-North-Western Rhodesia Order in Council, 1899.
2. In this Order, unless the subject or context otherwise requires:
"Her Majesty" includes Her Majesty's heirs and successors.
"Secretary of State" means one of Her Majesty's principal Secretaries
of State.
"
High Commissioner
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means Her Majesty's High Commissioner for the time being for South Africa.
"The Company" means the British South Africa Company.
"Charter" means Her Majesty's Charter of the 29th day of October, 1889, incorporating the Company (as amended by any supplemental Charter). "Administrator means an Administrator appointed under this Order to administer affairs within the limits of this Order, or within any parts of such limits, and includes an Acting Administrator.
"Gazette
means the Cape of Good Hope Government Gazette.
"The Colony" means the Colony of the Cape of Good Hope.
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Native
means any person not of European or American descent who is a native of Africa.
"Person" includes corporation.
The plural includes the singular, and the singular the plural, and the masculine
the feminine.
3. The limits of this Order are the parts of Africa bounded by the River Zambesi, the German South-West African Protectorate, the Portuguese possessions, the Congo Free State, and the Kafukwe or Loengi River. Such limits further include so much of any territory belonging to the Bashukolumbwe tribe as may lie cast of the Kafikwe or Loengi River. The territory within the limits of this Order" shall be known as Barotzi- land-North-Western Rhodesia.
4. (1.) A Secretary of State may from time to time by notice published in the Gazette, and in the London Gazette, deciare that any parts of Africa north of the River Zambesi, and under the protection of Her Majesty, shall be included within the limits of this Order, and from the date of such publication in the Gazette this Order shall apply to the parts named therein.
(2) A Secretary of State may from time to time by the like notice declare that any part of Africa for the time being within the limits of this Order shall, until otherwise directed, be excepted from the application of this Order; and from the date of the publication of such notice in the Gazette, the part named therein shall be excluded from tae limits of this Order.
5. The High Commissioner may on Her Majesty's behalf exercise all powers and Order in jurisdiction which Her Majesty, at any time before or alter the date of this Order, Council, had or may have within the limits of this Order, and to that end may take or May 9th. cause to be taken all such measures, and may do or cause to be done all such 1891, matters and things within the limits of this Order as are lawful, and as in the interest of Her Majesty's service he may think expedient, subject to such instructions as he may from time to time receive from Her Majesty or through a Secretary of State.
6. The High Commissioner may appoint an Administrator for Barotziland—North- Western Rhodesia, and so many Judges, Magistrates, or other officers as he may from time to time think necessary for the administration of the affairs of Barotziland—North- Western Rhodesia, and may define from time to time the districts within which such officers shall respectively discharge their functions.
Every such administrator or other officer may exercise such powers and authorities as the High Commissioner may assign to him, subject nevertheless to such directions and instructions as the High Commissioner may from time to time think fit to give him. The appointment of such officer shall not abridge, alter, or affect the right of the High Commissioner to execute and discharge all the powers and authorities hereby conferred upon him.
The High Commissioner may either, of his own motion or at the request of the Company, suspend or remove any Administrator or other officer so appointed,
Section II.
7. Whenever the appointment of an Administrator, Judge, Magistrate or other ses. officer is necessary the Company shall nominate to the High Commissioner a fiť and Rhodesia proper person for the office. If the High Commissioner does not approve of such Order in person he shall so inform the Company, and the Company shall thereupon nominate Council, another person and so on as often as occasion shall require, but if the Company has tion Lill. not within six months from the date of the occurrence of a vacancy or in the case
1898, Spe- of a new office from the time when the High Commissioner shall have notified to the Company his intention to appoint a person to such office nominated some person whom the High Commissioner approves the High Commissioner may appoint a person. who has not been so nominated.
8. In the exercise of the powers and authorities hereby conferred upon him, the Order in High Commissioner may, amongst other things, from time to time by Proclamation Council, provide for the Administration of Justice, the raising of Revenue by the imposition of 9th May, taxes (which may include a tax in respect of the occupation of native huts) and Customs duties or otherwise, and generally for the peace, order, and good government of all
persons within the limits of this Order, including the prohibition and punishment of acts tending to disturb the public pence.
Provided that the High Commissioner before issuing any such Proclamation shall, whenever possible, have regard to any suggestions or requests made to him in respect thereof by the British South Africa Company.
Provided further that no Proclamation concerning the raising or appropriation of revenue shall be made unless the assent of the Compauy has previously been given thereto. Such assent may be signified by telegraph.
Section IV.