The Assistant Judge shall be the Admiralty Registrar of the Court, but when he acts as Judge the Consul-General may appoint a competent person to be Acting Registrar.

31.* (a.) The Court shall endeavour to obtain, as early as may be, notice of the death of every person subject to this Order dying in Zanzibar † and leaving property to be administered, and all such information as may serve to guide the Court with respect to the securing and administration of his property.

(b.) On receiving notice of the death of such a person, the Court shall put up a Notice thereof at the Court-house, and shall keep the same there until probate or administration is granted, or, where it appears to the Court that probate or administration will not be applied for, or cannot be granted, for such time as the Court thinks fit.

(c.) The Court shall, where the circumstances of the case appear so to require, as soon as may be, take possession of the property in Zanzibar † of the deceased, or put it under the seal of the Court (in either case, if the nature of the property or other circumstances so require, making an inventory), and so keep it until it can be dealt with according to law.

(d.) All expenses incurred by the Court in so doing shall be the first charge on the property of the deceased, and the Court shall, by sale of the property or part thereof, or otherwise, provide for the discharge of these expenses.

32. When a person subject to this Order dies in Zanzibar ↑ intestate, his property shall, until administration is granted, vest in the Judge.

33. If a person named executor in a will, to the establishment of whose title, as such, it is necessary to obtain probate of that will, takes possession, of and administers or otherwise deals with, any part of the property of the deceased, and does not obtain probate within one month after the death, or after the termination of any proceeding respecting probate or administration, he shall be liable to be punished with fine, which may extend to 1000

rupees.

34. If any person, other than the person named executor, or the administrator, or a person entitled to represent the deceased without obtaining probate or letters of administration, or an officer of the Court, takes possession of and administers, or otherwise deals with, any part of the property of the deceased, he shall, as soon as practicable, notify the fact and the circumstances to the Court, and shall furnish to the Court all such information as the Court requires, and shall conform to any directions of the Court in relation to the custody, disposal, or transmission of the property, or the proceeds thereof, and, in case of any contravention of this Article, he shall be liable to be punished with fine, which may extend to 1000 rupees.

* See the Zanzibar Order in Council, 1903, printed at p. 107 below.

†The words in italics were repealed by the Zanzibar Order in Council, 1903, printed at p. 107 below.

35.-(1.) When the peculiar circumstances of the case appear to the Court so to require, for reasons recorded in its proceedings, the Court may, if it thinks fit, of its own motion, or otherwise, grant letters of administration to an officer or practitioner of the Court.

(2.) The person so appointed shall act under the direction of the Court, and shall be indemnified thereby; and if he is a practitioner shall not act otherwise than as administrator in relation to the estate.

(3.) He shall publish such notices, if any, as the Court thinks fit, in Zanzibar, Bombay, the United Kingdom, and elsewhere. (4.) The Court shall require and compel him to file, in the proper office of the Court, his accounts of his administration, at intervals, not exceeding three months.

(5.) The accounts shall be audited under the direction of the Court.

(6.) All expenses incurred in behalf of the Court in execution of this Article shall be the first charge on the estate of the deceased in Zanzibar; and the Court shall, by the sale of the estate, or otherwise, provide for the discharge of those expenses.

36. (a.) Where any person entitled to appeal to the High Court of Bombay from any Decree or order made by the Court for Zanzibar in the exercise of civil jurisdiction under this Order desires so to appeal, he shall present his Memorandum of Appeal to the Court for Zanzibar, and, subject to the provisions hereinafter contained, that Court shall receive the same for transmission to the High Court in manner hereinafter provided.

(b.) The appellant shall, within such time as the Court directs, give security to the satisfaction of the Court, and to such amount as the Court thinks reasonable, for prosecution of the appeal, and for payment of any costs that may be ordered by the High Court of Bombay on the appeal to be paid by the appellant.

(c.) The appellant shall pay into the proper office of the Court for Zanzibar such sum as the Court thinks reasonable, to defray the expense of the making up and transmission to the High Court of Bombay of the record.

37. The appellant may, with his Memorandum of Appeal, file any argument which he desires to submit to the High Court of Bombay in support of the appeal.

38.-(a.) The Memorandum of Appeal and the argument (if any) shall be served on such persons as respondents as the Court for Zanzibar directs.

(b.) A respondent may, within seven days after service, file in the Court for Zanzibar such arguments as he desires to submit to the High Court of Bombay against the appeal.

(c.) Copies thereof shall be furnished by the Court for Zanzibar to such persons as that Court thinks fit.

39.-(a.) On the expiration of the time for the respondent filing his argument, the Court shall, without the application of any party, make up the record of appeal, which shall consist of the Memorandum of Appeal and the arguments (if any), and certified

copies of the following, namely, the planit, written statements (if any), all proceedings, all written and documentary evidence admitted or tendered, the notes of the oral evidence, the Judgment, and the Decree or order.

(b.) The several pieces shall be fastened together consecutively numbered, and the whole shall be secured by the seal of the Court, and be forthwith forwarded to the High Court of Bombay.

(c.) The Court may, if for special reasons they think fit, send any portion of the documentary evidence in original to the High Court.

PART VII.-ZANZIBAR AND FOREIGN SUBJECTS AND

TRIBUNALS.

40. (a.) The Court for Zanzibar shall hear and determine all civil questions, claims, or disputes arising between any Zanzibar subject and any person subject to this Order in which the former is plaintiff or complainant.

(b.) The High Court of Bombay shall not exercise jurisdiction in any such suit.

41.-(a.) Where it is desired to commence a suit in which one party is, and the other party is not, a person subject to this Order, the Court shall entertain the same, and shall hear and determine it.

(b.) Provided that the person not subject to this Order, if so required by the Court, first obtains and files in the proper office of the Court the consent, in writing, of the competent authority (if any) on behalf of his own nation, to his submitting, and that he does submit, to the jurisdiction of the Court, and, if required by the Court, gives security to the satisfaction of the Court, and to such reasonable amount as the Court thinks fit, by deposit or otherwise, to pay fees, costs, and damages, and abide by, and perform, the decision to be given by the Court or on appeal.

(c.) A cross-suit shall not be brought in the Court against a plaintiff, being a person not subject to this Order, who has submitted to the jurisdiction, by a defendant without leave of the Court first obtained; but the Court may, as a condition of entertaining the plaintiff's suit, require his consent to any cross-suit or matter of set-off being entertained by the Court.

(d.) The Court, before giving leave, may require proof from the defendant that his claim arises out of the matter in dispute, and that there is reasonable ground for it and that it is not made for vexation or delay.

(e.) Nothing in this Article shall prevent the defendant from bringing, in the Court, against a person not subject to this Order, after the termination of the suit in which the latter is plaintiff, any suit which he might have brought in the Court if no provision restraining cross-suits had been inserted in this Order.

(f.) Where a person not subject to this Order obtains in the Court an order against a defendant being a person subject to this Order, and in another suit the latter is plaintiff and the former is defendant, the Court may, if it thinks fit, on the application of the first-mentioned defendant, stay the enforcement of the

order pending that other suit, and may set off any amount ordered to be paid by one party in one action against any amount ordered to be paid by the other party in the other action.

(g.) Where the plaintiff, being a person not subject to this Order, obtains an order in the Court against two or more defendants jointly, being persons subject to this Order, and in another suit one of them is a plaintiff and the first-mentioned plaintiff is defendant, the Court may, if it thinks fit, on application, stay the enforcement of the order pending that other action, and may set off any amount ordered to be paid by one party in one action against any amount ordered to be paid by the other party in the other action, without prejudice to the right of the person plaintiff in the second suit to obtain contribution from his co-defendants under the joint liability.

42.—(a.) Where it is proved that the attendance of any person subject to this Order to give evidence, or for any other purpose connected with the administration of justice, is required before any Court of Justice in Zanzibar other than a Court established by this Order, the Court for Zanzibar may, if it thinks fit, in a case and in circumstances in which the Court for Zanzibar would require the attendance of that person before the Court, order that he do attend as required. The order may be made subject to conditions as to payment or tender of expenses or otherwise.

(b.) If the person ordered to attend, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not excuse his failure to the satisfaction of the Court for Zanzibar, or if when so attending to give evidence he wilfully gives false evidence, or refuses to be sworn or to give evidence, he shall, independently of any other liability, be liable to be punished with imprisonment for a term which may extend to two months, or with fine which may extend to 1000 rupees, or with both.

43. If a person subject to this Order

(i.) Wilfully obstructs, by act or threat, any Court in Zanzibar not established under this Order in the performance of its. duty; or

(ii.) Within or close to the room or place where such a Court is sitting wilfully misbehaves in a violent, threatening, or disrespectful manner, to the disturbance of the Court or to the intimidation of suitors or others resorting to the Court; or (i.) Wilfully insults any member or officer of such a Court in his going to, or returning from, any place of sitting or office of the Court;

He shall, on conviction before the Court for Zanzibar, he liable to be punished with imprisonment for a term which may extend to two months, or with fine which may extend to 1000 rupees, or with both.

44.-(a.) Every agreement for reference to arbitration between a person subject to this Order on the one hand, and a person not subject to this Order on the other hand, may, on the application of any party, be filed for execution in the proper office of the Court.

(b.) The Court shall thereupon have authority to enforce the agreement and the award made thereunder, and to control and regulate the proceedings before and after the award, in such manner and on such terms as the Court may think fit.

(c.) Provided that the person not subject to this Order first obtains and files, in the proper office of the Court, the consent, in writing, of the competent authority (if any), on behalf of his own nation, to his submitting, and that he does submit, to the jurisdiction of the Court, and, if required by the Court, gives security to the satisfaction of the Court, and to such reasonable amount as the Court thinks fit, by deposit or otherwise, to pay fees, damages, costs, and expenses, and abide by and perform the award.

(d.) If a person subject to this Order wilfully gives false evidence in an arbitration, he shall on conviction before the Court for Zanzibar be liable to the same punishment as if he were convicted of giving false evidence in a proceeding in that Court.

45.-(1.) Notwithstanding anything in this Order, the Court for Zanzibar shall not exercise any jurisdiction in any proceeding whatsoever over Her Majesty's Consul-General, or his official or other residences, or his official or other property.

(2.) Notwithstanding anything in this Order, the Court for Zanzibar shall not exercise, except with the consent of the ConsulGeneral, signified in writing to the Court, any jurisdiction in a civil action or proceeding over any person attached to or being a member of Her Majesty's Consulate-General in Zanzibar, or being a domestic servant of the Consul-General.

(3.) If, in any case under this Order, it appears to the Court for Zanzibar that the attendance of the Consul-General, or of any person attached to or being a member of Her Majesty's Consulate-General in Zanzibar, or being a domestic servant of the Consul-General, to give evidence before the Court, is requisite in the interests of justice, the Court for Zanzibar may address to the Consul-General a request in writing for such attendance.

(4.) A person attending to give evidence before the Court shall not be compelled or allowed to give any evidence or produce any document if, in the opinion of the Consul-General, signified by him personally or in writing to the Court, the giving or production thereof would be injurious to Her Majesty's service.

46. Subject to the approval of the Secretary of State, the Court may frame Rules of Procedure and other Rules, consistent with this Order, for the better execution of the provisions herein contained in respect of civil or criminal proceedings, and for regulating the conditions on which persons other than parties may be permitted to practise as advocates or solicitors in any Court, or for suspending or excluding (subject to a right of appeal to the Secretary of State) such persons from practice in case of misconduct: Provided that