Now, therefore, His Majesty, by virtue and in exercise of the powers 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: 1. This Order may be cited as "The East Africa and Uganda (Currency) Order in Council, 1905." 2. In this Order the following expressions have the meanings hereby assigned to them, unless the context otherwise requires, that is to say: "East Africa" means the East Africa Protectorate as defined in the East Africa Order in Council, 1902.† "Uganda" means the Uganda Protectorate as defined in the Uganda Order in Council, 1902.‡ "The Protectorate" means East Africa or Uganda as the case may require. The expression "Commissioner" means His Majesty's The expression "Treasury" means the Lord High The expression "Secretary of State" The expression "person" includes a body of persons cor- The expression "Gazette " means the Gazette of the The expression "current coin" means coin which is for The expression "imprisonment of either description" means rigorous or simple imprisonment as provided in the Indian Penal Code or any law of the Protectorate. Words in the singular include the plural, and words in the plural include the singular. Article 3 of the East Africa Order in Council, 1902,† and Article 3 of the Uganda Order in Council, 1902, are incorDorated in this Order, for the purpose of application to the Protectorates respectively. 53-4 V. c. 37. † Printed St. R. & O. Rev., 1904, "Foreign Jurisdiction," p. 68. Currency Board. 3.-(1.) A Board of Commissioners of Currency (in this Order referred to also as "the Currency Board") shall be established for the purposes of this Order, and shall consist of the Treasurer of East Africa, or the person for the time being discharging his duties, and two other persons being officers in the public service of East Africa, to be nominated by the Commissioner for East Africa. (2.) The Currency Board shall have an office at Mombasa, and also, if the Secretary of State so directs, at Entebbe, and may employ such officers and persons as may be from time to time authorised by the Commissioner. (3.) Any act of the Currency Board may be signified in writing under the hands of the Commissioners of Currency. (4.) If any nominated member of the Currency Board is for the time being unable to act, the Commissioner may appoint a fit person to act in his place during such inability. Coin. 4.--(1.) The silver rupee of British India, of the standard weight and millesimal fineness specified in the First Schedule to this Order, shall be the standard coin of the Protectorates. (2.) Every contract, sale, payment, bill, note, instrument, and security for money, and every transaction, dealing, matter, and thing whatever relating to money or involving the payment of, or the liability to pay, any money shall, in the absence of express agreement to the contrary, be held to be made, executed, entered into, done, and had in the Protectorates respectively according to the standard coin. (3.) The coin mentioned in the Second Schedule to this Order shall be treated as equal to the standard coin. 5.-(1.) Subsidiary coins may from time to time be coined for the Protectorates under the direction of the Master of Our Mint, or at one of Our Mints in British India, of the denominations, weights, and fineness specified in the Third Schedule to this Order, or of any of those denominations as the Secretary of State may think fit. (2.) Those coins shall be of such form and shall have such impressions as may be approved by the Master of Our Mint and by a Secretary of State, together with an indication of the value of the piece in cents or hundredths of a rupee or otherwise as may be proper. (3.) Each coin so coined shall be a legal tender for the amount of its denomination. (4.) Each of the subsidiary coins mentioned in the Fourth Schedule to this Order shall be a legal tender for the amount in that behalf in that Schedule mentioned. 6.--(1.) If the Commissioners of the two Protectorates at any time request that any subsidiary coins of less value than the rupees whether of silver, copper, bronze, or other metal or mixed metal be coined, and the Treasury and a Secretary of State approve the request, those subsidiary coins may be so coined, under the direction of the Master of Our Mint, or at one of Our Mints in British India. (2.) The subsidiary coins so coined (in this Order referred to as new subsidiary coins) shall have either the same impressions as the coins specified in the Third Schedule to this Order (in this Order referred to as "existing subsidiary coins "), or such other impressions as may be approved by the Master of Our Mint and by a Secretary of State. (3.) Any new subsidiary coin may be of the same denomination as any existing subsidiary coin or of a different denomination. 7. Every new subsidiary coin shall (a.) If of silver be of the millesimal fineness of eight hundred, and of a standard weight bearing the same proportion to the weight of the standard rupee as the denomination of the new coin bears to that rupee; and (b.) If of copper, bronze, or other metal, or mixed metal be of the standard weight specified in the Procla mation by virtue of which the coin under this Order becomes legal tender in the Protectorate. 8. In the making of any existing or new coin a "remedy" or variation from the standard weight, and, in the case of silver coins, from the standard fineness, required by this Order shall be allowed from any existing coin of an amount not exceeding that specified in the Third Schedule to this Order, and for any new coin (a.) As regards fineness (if the coin is of silver) of the amount specified in the Third Schedule to this Order; and (b.) As regards weight of an amount bearing the same proportion (i.) If of silver, to the weight of the 25 cent piece mentioned in the said Schedule; and (ii.) If of copper, bronze, or other metal, or mixed metal, to the weight of the 5 cent piece mentioned in the said Schedule, as the denomination of the new coin bears to those pieces respectively. 9.-(1.) A tender of payment of money in the Protectorates, if made in standard coins, or any coins specified in the Second, Third or Fourth Schedule to this Order, shall, if the coins have not been illegally dealt with, and, when of silver, have not become diminished in weight by wear or otherwise, so as to be of less weight than the weight in that behalf specified in the Schedules to this Order as the least current weight, be a legal tender (a.) In the case of rupees for the payment of any amount; (b.) In the case of other silver coins for the payment of an amount not exceeding 5 rupees, but for no greater amount; (c.) In the case of coins of copper, or mixed metal, for the payment of an amount not exceeding one-half of a rupee, but for no greater amount. (2.) Each coin shall be a legal tender only for the amount of its denomination. (3.) If any new subsidiary coins are coined under this Order, this Article shall, after the date fixed by the Commissioner in a Proclamation, made with the approval of the Treasury and a Secretary of State, setting forth in a Schedule the like particulars with respect to each coin as are set forth in the Third Schedule to this Order, apply to the new subsidiary coins, as if the Schedule to the Proclamation were added to that Third Schedule or substituted for that Schedule either as set out in this Order, or as altered by any previous Proclamation under this Article, or for so much of such Schedule as is stated in the Proclamation to be rescinded, and the Schedule, or so much thereof as is stated in such Proclamation to be rescinded, shall be rescinded accordingly. 10. (1.) For the purposes of this Order a coin shall be deemed to have been illegally dealt with where the coin has been impaired, diminished, or lightened, otherwise than by fair wear and tear, or has been defaced by having any name, word, device, or number stamped or engraved thereon, whether the coin has or has not been thereby diminished or lightened. (2.) Any coin which, by virtue of any Proclamation under this Order, has ceased to be legal tender or which has ceased to be legal tender in British India, or which has been illegally dealt with, or is below the least current weight, may be called in, cut, broken, or defaced under the authority of the Commissioner, in accordance with such regulations as the Commissioner may make. 11. From and after the commencement of this Order, and until a date to be fixed by the Commissioner by a Proclamation made under the instructions of a Secretary of State, the one-eighth rupee silver coin and the copper, bronze, or mixed metal coins at present current in East Africa under the provisions of the said recited Order in Council of the 19th May, 1898, shall be a legal tender of payment in either of the Protectorates for any sum not exceeding one-half a rupee, the said coins to continue current until a date so to be fixed by Proclamation as aforesaid at the same rate as regards the rupee as those at which they now pass. 12. Wherever any denomination of the currency of British India (other than rupees) is specified in any Ordinance, Proclamation, Regulation, Rule, or Contract in force in either of the Protectorates at the commencement of this Order in relation to any payment to be made to or by the Government of that Protectorate, such sums shall be respectively received and paid in the legal subordinate currency established by this Order, or, until the date to be fixed by the said Proclamation, in the subordinate currency established by the said recited Order. The provisions of this Article shall apply to every other Contract or engagement, unless it contains any special provision or agreement to the contrary. The equivalents of the subordinate currency of British India and of the legal subordinate currency established by this Order may be fixed for the purposes of this Article by a Proclamation under this Order. 13. Sovereigns, whether coined at Our Mint in England or at any Mint established as a branch of Our Mint, shall be a legal tender in payment or on account at the rate of fifteen rupees for one sovereign: Provided that such coins have not been called in by any Proclamation made in pursuance of the Coinage Act, 1870, or have not lost weight so as to be of less weight than that for the time being prescribed for like coins by or under the said Act as the least current weight. Currency Notes. 14.-(1.) Subject to the provisions of this Order, the Currency Board may from time to time provide and issue and reissue, in exchange either for current coin or for notes previously issued under this Order, notes in this Order referred to as currency notes." 66 (2.) A currency note shall be a promise on the part of the Government of East Africa to pay to the bearer on demand the amount named therein; and the amount required for such payment shall be a charge on the moneys and securities in the hands of the Currency Board under this Order, and on the general revenue of East Africa; and if a sum is required * 33-4 V. c. 10. |