NORTHERN RHODESIA Order In Council, 1924 (a).
| Jurisdiction | UK Non-devolved |
| Citation | SI 1924/324 |
| Year | 1924 |
1924 No. 324
FOREIGN JURISDICTION
2. Africa
[The Orders relating to Morocco are printed under that sub-heading, p. 534 below.]
(1) Central Africa
(i) Northern Rhodesia Protectorate
Appeals to H.M. in Council see the title "Judicial Committee".
Evidence Act, 1851 (Sections 7 and 11 applied), see (4) (viii), p. 406 below.
Organisation.
THE NORTHERN RHODESIA ORDER IN COUNCIL, 1924 (a).PRESENT,
The King's Most Excellent Majesty in Council.
Preamble.
Whereas the territories of Africa known as Northern Rhodesia are under the protection of His Majesty the King:
And whereas by treaty, grant, usage, sufferance, and other lawful means, His Majesty has power and jurisdiction in Northern Rhodesia:
And whereas by an Order of His Majesty in Council bearing date the Fourth day of May, 1911, and entitled "The Northern Rhodesia Order in Council, 1911" (b) provision was made for the exercise of His Majesty's jurisdiction in Northern Rhodesia, for the administration of justice, the raising of revenue, and generally for the peace, order and good government of all persons therein:
And whereas, the said Order has been amended or added to by divers other Orders of His Majesty in Council:
And whereas it is expedient that a Governor should be appointed for Northern Rhodesia (hereinafter also referred to as "the Territory") and that there should be an Executive Council and also a Legislative Council in and for the said Territory, and generally that further and other provision should be made for the peace, order and good government of the said Territory:
(a) See also S.R. & O. 1947 No. 2214, p. 201 below.
(b) S.R. & O. 1911 (No. 438) p. 85.
Now, therefore, His Majesty, by virtue and in exercise of the powers in that 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:—
Title of Order.
1. This Order may be cited as "The Northern Rhodesia Order in Council, 1924".
Revocation of Order of 1911 and of Orders in Schedule.
2. The Northern Rhodesia Order in Council, 1911 (a), and the other Orders in Council specified in the Schedule hereto are hereby revoked as and from the commencement of this Order, but without prejudice to anything lawfully done thereunder.
Definitions.
3. In this Order, unless the subject or context otherwise requires—
"His Majesty" includes His Majesty's Heirs and Successors;
"Secretary of State" means one of His Majesty's Principal Secretaries of State;
"High Commissioner" means His Majesty's High Commissioner for the time being for South Africa;
"Governor" means the Governor and Commander-in-Chief for the time being of Northern Rhodesia and includes every person for the time being administering the government of the said Territory;
"High Court" means the High Court of Northern Rhodesia;
"Senior Judge" means the senior or sole Judge of the High Court, and includes a person acting as senior or sole Judge;
"Magistrate" means a Magistrate or Assistant Magistrate and includes an Acting Magistrate or Acting Assistant Magistrate;
"Gazette" means any official Gazette published within the limits of this Order by authority of the Governor;
"Person" includes Corporation;
The plural includes the singular, the singular the plural, and the masculine the feminine.
Interpretation.
4.—(1) Where this Order or any Ordinance confers a power or imposes a duty, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.
(2) Where this Order or any Ordinance confers a power or imposes a duty on the holder of an office, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appointed to act for him.
(3) Where this Order or any Ordinance confers a power to make rules, regulations, or orders, then, unless a contrary intention appears, the power shall be construed as including a power, exercisable in the like manner and subject to the like approval and conditions (if any) to rescind, revoke, amend or vary the rules, regulations, or orders.
(a) S.R. & O. 1911 (No. 438) p. 85.
(4) Expressions defined in this Order shall have the same respective meanings in any Ordinances, Rules or Regulations made under this Order, unless a contrary intention appears.
Limits of Order.
5. The limits of this Order are the parts of Africa bounded by Southern Rhodesia, South West Africa, Portuguese West Africa, the Belgian Congo, the Tanganyika Territory, Nyasaland, and Portuguese East Africa. The Territory within the limits of this Order shall be known as Northern Rhodesia.
Administration
Office of Governor constituted.
6. In place of the Administrator for whose appointment provision is made by the Northern Rhodesia Order in Council, 1911, there shall be a Governor and Commander-in-Chief in and over Northern Rhodesia, and appointments to the said Office shall be made by Commission under His Majesty's Sign Manual and Signet.
Governor's powers and authorities.
7. The said Governor and Commander-in-Chief (hereinafter called the Governor) is hereby authorised, empowered and commanded to exercise on His Majesty's behalf all such powers and jurisdiction as His Majesty at any time before or after the passing of this Order had or may have within the said Territory, and to do and execute all things that belong to his said Office, according to the tenour of any Orders in Council relating to the Territory, and of such Commission as may be issued to him under His Majesty's Sign Manual and Signet, 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 in Council, or by His Majesty through one of His Majesty's Principal Secretaries of State, and to such laws as are now or shall hereafter be in force in the Territory.
Publication of Governor's Commission.
Oaths to be taken by Governor.
8. Every person appointed to fill the office of Governor shall, with all due solemnity, before entering on any of the duties of his office, cause the Commission appointing him to be Governor to be read and published in the presence of a Judge of the High Court, or, if there be no Judge of the said Court who is able to attend, in the presence of such other His Majesty's Officers in the Territory as can conveniently attend, which being done, he shall then and there take before him or them the Oath of Allegiance in the form provided by an Act passed in the Session holden in the Thirty-first and Thirty-second years of the Reign of Her Majesty Queen Victoria, intituled "An Act to amend the Law relating to Promissory Oaths"; and likewise the usual oath for the due execution of the office of Governor and for...
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