of State, may, on behalf of His Majesty, constitute and appoint, or authorise the appointment of, such public officers for the administration of the territory and under such designations as he may think fit, and may prescribe their duties; and all such public officers, unless otherwise provided by law, shall hold their offices during His Majesty's pleasure.

16. The Governor may, upon sufficient cause to him appearing, suspend from the exercise of his office any person holding any office within the territory, whether appointed by virtue of any Commission or Warrant from His Majesty or in His Majesty's name or by any other mode of appointment. Every such suspension shall continue and have effect only until His Majesty's pleasure therein shall be signified to the Governor. In proceeding to any such suspension the Governor is strictly to observe the directions in that behalf given to him by any instructions as aforesaid.

17. When any crime or offence has been committed within the territory, 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 territory 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.

18. All Ordinances, Proclamations, Regulations, Rules or other public notifications shall be published in the "Gazette" and also in such other manner as the Governor may direct in the case of any particular notification.

Legislation.

19. On and after a date to be fixed by the Governor by Proclamation in the "Gazette," there shall be a Legislative Council constituted in such manner and consisting of the Governor and such persons as are directed by His Majesty by an Order in his Privy Council bearing even date herewith and known as "The Northern Rhodesia (Legislative Council) Order in Council, 1924,"(4) or by any Order in Council amending or substituted for the same, or by any instructions under his Sign Manual and Signet or through a Secretary of State.

20. The persons who shall from time to time compose the (4) Page 36.

said Legislative Council shall have full power and authority, subject always to the conditions, provisos and limitations prescribed by this Order or by the said Order in Council, or by any other Order in Council, or by any instructions under His Majesty's Sign Manual and Signet, to establish such Ordinances as may be necessary for the administration of justice, the raising of revenue and generally for the peace, order and good government of Northern Rhodesia.

The Governor shall have a negative voice in the making and passing of all such Ordinances.

21. Subject to the provisions of this Order all Laws, Regulations, Proclamations, byelaws and rules of whatsoever nature in force at the date of the commencement of this Order within the territory of any of them, shall continue in force until repealed, revoked or varied by or in pursuance of any Law or of any Ordinance passed by the Legislative Council.

22. All Ordinances to be passed by the Legislative Council shall respect any native laws or customs by which the civil relations of any native chiefs, tribes or populations under His Majesty's protection are now regulated, except so far as the same may be incompatible with the due exercise of His Majesty's power and jurisdiction.

23. The right is hereby reserved to His Majesty to disallow any Ordinance passed by the Legislative Council. Such disallowance shall be signified to the Governor through a Secretary of State, and shall take effect from the time when the same shall be promulgated by the Governor.

The right is also hereby reserved to His Majesty, with the advice of his Privy Council, from time to time to make all such Laws or Ordinances as may appear to him necessary for the peace, order, and good government of the territory or any part thereof as fully as if this Order had not been made.

24. When a Bill passed by the Legislative Council is presented to the Governor for his assent, he shall, according to his discretion, but subject to any instruction addressed to him under His Majesty's Sign Manual and Signet or through a Secretary of State, declare that he assents thereto, or refuses his assent to the same, or that he reserves the same for the signification of His Majesty's pleasure.

No Ordinance shall take effect until either the Governor shall have assented thereto in His Majesty's name and on His Majesty's behalf, and shall have signed the same in token of such assent, or until His Majesty shall have given his assent thereto through a Secretary of State.

Every Ordinance assented to by the Governor shall be published in the "Gazette," and, unless it be otherwise provided in such Ordinance, shall take effect and come into operation as law, on the date of such publication.

A Bill reserved for the signification of His Majesty's

.

pleasure shall take effect so soon as he shall have given his assent to the same through a Secretary of State, and the Governor shall have signified such assent by message to the Legislative Council or by Proclamation: Provided that no such message or Proclamation shall be issued after two years from the day on which the Bill was presented to the Governor for his assent.

25. Unless he shall have previously obtained His Majesty's instructions upon such Bill through a Secretary of State, or unless such Bill shall contain a clause suspending the operation thereof until the signification in the territory of His Majesty's pleasure thereupon, the Governor shall

reserve

(1.) Any Bill, save in respect of the supply of arms, ammunition, or liquor to natives, whereby natives may be subjected or made liable to any conditions, disabilities or restrictions to which persons of European descent are not also subjected or made liable.

(2.) Any Bill altering or amending the arrangements relating to the collection and allocation of mining revenues in force at the commencement of this Order under any existing law of the territory or otherwise, or any Bill imposing any special rate, tax or duty on minerals in or under land within the territory.

(3.) Until legislation shall have come into force in Northern Rhodesia adopting, so far as may be applicable, the provisions of the law in force in the United Kingdom relating to the Railway and Canal Commissioners and to the Rates Tribunal provided for by "The Railways Act, 1921," any Bill dealing with railways within the territory.

(4.) Any Bill authorising the construction of any new rail

ways.

26. In the making and establishing of all Bills and Ordinances the Governor and the Legislative Council shall conform to and observe all rules, regulations and directions in that behalf contained in any Order in Council or in any instructions under His Majesty's Sign Manual and Signet.

Courts of Justice.

27.—(1.) There shall be a Court of Record, styled the High Court of Northern Rhodesia, with full jurisdiction, civil and criminal, over all persons and over all matters within Northern Rhodesia, subject to the provisions hereinafter contained with regard to native law and custom.

(2.) Such civil and criminal jurisdiction shall, as 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 procedure and practice observed by and before Courts of Justice and justices of the peace in England, according to their respective jurisdictions and authorities, except so far as such law may be inapplicable or may have been modified by any Order in Council, Regulations or Proclamation or may hereafter be modified by any Order in Council or Ordinance:

Provided that no Act passed by the Parliament of the United Kingdom after the commencement of "The Northern Rhodesia Order in Council, 1911," shall be deemed to apply to the said territory, unless it shall have been applied thereto since the commencement of the said Order, or shall hereafter be applied thereto, by any law or Ordinance for the time being in force in the said territory.

(3.) The High Court shall have a seal, bearing the style of the Court and such device as a Secretary of State from time to time approves, but until such seal is provided, the seal or stamp now in use may be used instead thereof.

(4.) The High Court shall sit at such place or places as the Governor may appoint.

28. (1.) There shall be as many Judges of the High Court as may from time to time be required.

(2.) Every Judge shall be appointed by Letters Patent under the public seal of the territory by the Governor in accordance with such instructions as he may receive from His Majesty through a Secretary of State, and shall hold office during His Majesty's pleasure.

(3.) When there are more Judges than one, the principal Judge shall have such distinguishing title as a Secretary of State may approve.

(4.) In any case of death, illness, or absence, or in any other emergency, the Governor may appoint a competent person to act as Judge.

29. If any sentence of death is pronounced by or by direction of the High Court, a copy of the evidence shall be transmitted to the Governor; and the sentence shall not be carried into effect until confirmed by him. The Governor may signify his confirmation by telegraph.

30. The High Court may make rules for regulating its procedure and practice and the admission of practitioners, and generally for the purpose of making any provision proper or necessary for the proper or effectual exercise of jurisdiction under this Order by the High Court and the Magistrate's Court hereafter mentioned, and 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 technicalities of pleading or procedure and without unnecessary delay. Subject hereto, and so far as the same do not extend, the procedure, rules

and regulations of the High Court shall be the same as the procedure, rules and regulations of the English Courts.

31. In civil matters when the amount or value in dispute exceeds £500 sterling, an appeal shall lie from the High Court to His Majesty in Council.

Every appeal shall be brought within such time and in such manner as regards the form and transmission of the appeal as may be prescribed by any rules of procedure made by His Majesty in Council.

32.-(1.) There shall be Magistrates' Courts, with jurisdiction over all persons within the districts assigned to them. A Magistrate's Court shall be a court of record, and shall have such jurisdiction in civil and criminal cases respectively as may be prescribed by any Law for the time being in force in the territory.

(2.) The Governor may from time to time determine the number of Magistrates' Courts required within Northern Rhodesia, and, by notice in the "Gazette," from time to time assign to each such Court the local limits of the district within which it is to have jurisdiction, and specify the place or places at which the Court is to be held.

33.-(1.) The Governor may appoint a Magistrate to each such Court as aforesaid, and, if occasion requires, any Assistant Magistrates.

(2.) Every Assistant Magistrate may exercise all the jurisdiction of the Court, and the provisions of this Order with respect to Magistrates shall apply to Assistant Magistrates: provided that in the conduct of business every Assistant Magistrate shall be subject to the directions of the Magistrate.

(3.) A Magistrate appointed to one Court may exercise the jurisdiction of any other Court if present therein.

(4.) In any case of death, illness, or absence, or in any other emergency the Governor may appoint a competent person to act as Magistrate or Assistant Magistrate.

34. Subject to any Regulations and Rules of Court, appeals shall lie to the High Court from the Magistrates' Courts.

35.-(1.) There shall be Native Commissioners' Courts with such jurisdiction, civil and criminal, over all natives or otherwise within the districts assigned to them as may be prescribed by any Law for the time being in force in the territory.

(2.) The provisions of this Order with respect to the number of Magistrates' Courts and the assignment of districts thereto and also with respect to the appointment of Magistrates and Assistant Magistrates shall apply to the like matters as regards the Native Commissioners' Courts and Native Commissioners and Assistant Native Commissioners. (3.) Appeals shall lie to a Magistrate's Court from the