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41. The High Commissioner may suspend a Judge or magistrate from his office for misconduct; but shall first cause him to be furnished with a written statement of the acts of misconduct alleged against him, and cause him to be called on to state in writing by a given day (which shall allow a reasonable interval) any grounds upon which he relies to exculpate himself. If the suspension t:kes place, the High Commissioner shall forthwith transmit a full report of the matter, and the proofs of the alleged misconduct, to a Secretary of State, who may confirm or disallow the suspension. If confirmed, the suspended officer is therehy removed from office; if disallowed, the suspended officer is thereby restored to office, and is entitled to any salary that has been withheld during his suspension.
42. If the Secretary of State is of opinion that the officer deserves punishment, but not the extreme penalty of removal from office, he may, instead of disallowing the suspension, direct that the officer be restored to office, but he required to serve at a reduced salary, either permanently or for a stated period; or that a specific sum be deducted from any sal: ry due or to become due to the officer'; or that he be transferred to a lower office.
43. The High Commissioner by proclamation, or the Company by ordinance approved by a Secretary of State, may make such other or further provisions as from time to time may appear desirable to secure the more efficient working of the several Courts constituted by this Order.
Part IV.-Land Commission.
44. A Land Commission is hereby constituted, consisting of a Judicial Commissioner and two other Commissioners.
45. The Judicial Commissioner shall be the Judge, or if at any time there be more than one Judge of the High Court, then such Judge as the High Commissioner shall from time to time appoint under his hand and seal.
46. One of the Commissioners other than the Judicial Commissioner shall be selected by a Secretary of State and one by the Company, and both shall be appointed by tie High Commissioner under his hand and seal.
47. If a vacancy occurs in the office of any such other Commissioner by death, resignation, incapacity, or otherwise, the High Commissioner may, under his hand and seal, appoint some other person to fill such vacancy. But such person shall be selected either by a Secretary of State or by the Company, by whichever the person creating the vacancy was selected.
48. The said other Commissioners shall continue in office until a Secretary of State, after consultation with the Company, shall see fit to direct the High Commissioner to revoke their powers. The High Commissioner may revoke the powers of such Commissioners by notice published in the Gazette. Upon the publication of such notice, the powers and duties of the Land Commission shall become vested in and exerciseable by the Judicial Commissioner alone.
49. The Land Commission shall deal with all questions relating to the settlement of natives on the lands in that part of the territories within the limits of this Order which is known as Matabeleland. It shall without delay assign to the natives inhabiting Matabeleland sufficient for their occupation, whether as tribes or portions of tribes, and suitable for their agricultural and pastoral requirements, including in all cases a fair and equitable proportion of springs or permanent water. It shall also direct the administra!or to deliver to them cattle sufficient for their needs; and the administrator shall give effect to such direction.
50. The Land Commission shall cause sufficient notices to be given to all persons interested in any matter coming before the Commission so that all persons concerned may be fully heard. The Land Commission shall keep a full record of its proceedings; and in other respects may conduct its proceedings according to rules laid down by itself and published in the Gazette.
51. The Company shall retain the mineral rights in all land assigned to natives. If the Company should require any such land for the purp se of mineral development or as sites of townships, or for railways or other public works, the Land Commission, upon application by the Company and upon good and sufficient cause shown, may order the natives to remove from such land or any portion thereof, and shall assign to them just and liberal compensation in land elsewhere, situate in as convenient a position as possible, sufficient and suitable for their agricultural and pastoral requirements, containing a fair and equitable proportion of springs or permanent water, and, as far as possible, equally suitable for their requirements in all respects as the land from which they are ordered to remove.
52. No natives shall be removed from any kraal or from any land assigned to them for occupation, except after full inquiry by, and by order of, the Land Commission. If any person without such order removes or attempts to remove any native from any kraal or from any land unless in execution of the process of a competent Court, he shall, in addition to any other proceedings to which he is liable, be guilty of an offence against this Order, and on conviction before the High Court shall be liable to imprisonment with or without hard labour for any period not exceeding two years, or to a fine not exceeding one hundred pounds sterling, or to both.
53. The Land Commission may if it thinks fit appoint in any magisterial district a subordinate tribunal to be called the district Land Court, to consist of the magistrate of the district and two assessors selected by the Land Commission. The district Land Courts shall report or make recommendations to the Land Commission upon all questions remitted to them by that Commission. The Land Commission may deal with such reports or recommendations as it thinks fit.
54. The Land Commission shall forward to the High Commissioner, for transmission to a Secretary of State, à report upon every case dealt with by it; and the Secretary of State may review any case, and reverse or modify any decision given or order made by the Land Commission, and may give such directions in the matter as he thinks fit to give, and the Land Commission shall give effect to such directions. Such directions shall, however, only be binding in cases in which the Secretary of State has within twelve months after receiving the report of the Land Commission given notice to the High Commissioner that he intends to review the case.
Part 1.-Judicial Notice. Commencement. 55. Judicial notice shall be taken of this Order and of the commencement thereof, and of any ordinance made under this Order and published in the Gazette.
56. This Order shall be published in the Gazette and shall thereupon commence and come into operation; and the High Commissioner shall give directions for the publication of this Order at such places, and in such manner, and for such time or times, as he thinks proper for giving due publicity thereto within the limits of this Order,
57. Her Majesty may from time to time revoke, alter, add to, or amend this Order.
C. L. Peel.
ORDER IN COUNCIL AS TO ALLOWANCES TO NAVAL PENSIONERS,
AND AS TO THE SALARY OF THE ACCOUNTANT OF GREENWICH
1894. No. 570. At the Court at Windsor, the 12th day of December, 1894.
• PRESENT : The Queen's Most Excellent Majesty in Council. Whereas there was this day read at the Board a memorial from the Right Honourable the Lords Commissioners of the Admiralty, dated the 25th day of October, 1894, in the words following, viz. :
“Whereas by the 20th section of an Act passed in the 29th year of your Majesty's reign, chapter eighty-nine, entitled the Greenwich Hospital Act, 1865, it is, among other things, enacted that the Admiralty may (subject to the approval of your Majesty in Council) fix the salaries of officers and clerks appointed for the service of Greenwich Hospital. And whereas by your Majesty's Order in Council dated the 16th day of April, 1886, the salary of the accountant of Greenwich Hospital was fixed at 3001, rising by 101. a year to 400i. per annum. And whereas we are of opinion that the salary attached to this appointment should be increased, we beg leave to recommend that your Majesty will be graciously pleased to authorise a salary of 3501. rising by 151. a year to 450l. per annum, to be attached thereto, and to sanction the payment from the 1st day of April, 1894, at the rate of 4501, a year to the present holder.
“And whereas by article 2173, paragraph 6 (6), of tlie regulations for the government of your Majesty's Naval Service, money allowances at the rate of 18. a week may be paid from the funds of Greenwich Hospital to naval pensioners admitted to naval hospitals or infirmaries who bave wives or children, and at the rate of 2s. a week to such pensioners if their naval pensions exceed 1s. a day, and they are without wives or children. And whereas we are of opinion that it is desirable to grant allowances at the rate of 2s. a week to pensioners, whose pensions exceed 1s. a day, in cases where no allowances are paid to their wives or to persons having charge of their children. We beg leave to recommend that your Majesty will be graciously pleased by your Order in Council to authorise the payment of allowances at this rate—to take effect from the 11th day of January, 1894.”
Her Majesty, having taken the said memorial into consideration, was pleased, by and with the advice of Her Privy Council, to approve of what is therein proposed. And the Right Honourable the Lords Commissioners of the Admiralty are to give the necessary directions herein accordingly.
C. L. Peel.
TREASURY WARRANT, DATED JULY 13, 1894, AS TO FORMS OF
DECLARATION TO BE MADE BY PERSONS CLAIMING HALF
1894. No. 401. To all whom it may concern, after Our hearty commendations. Whereas it is provided by the sixth section of the Appro
pion Acts of previant for half pay; subscribed
priation Act, 1893,* and corresponding sections in the Appropriation Acts of previous years, that “a person shull not receive " any part of a grant for half pay, or Army, Navy, or Civil
non-effective services until he has subscribed such declaration « as may from time to time be prescribed by a warrant of “ the Treasury before one of the persons prescribed by such “ warrant;" and whereas, by our warrant of 18th October, 1893,+ we prescribed who are to be the persons authorised to attest such declarations:
Now, therefore, we, being two of the Lords Commissioners of Her Majesty's Treasury, hereby prescribe that the declarations to be subscribed by pensioners and others under the abovementioned section of the annual Appropriation Act, shall be in the several forms hereunto appended, and numbered 1 to 133 in the schedule annexed to this our warrant, and shall be subscribed before any of the persons specified in our aforesaid warrant of 18th October, 1893,t with which this our warrant is hereby incorporated :
Provided, however, that the use of the said forms, in substitution for those previously prescribed by the Treasury, shall not be compulsory before the 1st October, 1895. Witness our hands this 13th day of July, 1894.
W. A. McArthur.'
Richard K. Causton. Treasury Chambers,
our hands this 1st October, in the Trea
do. do. do.
Schedule to Treasury Warrant of 13th July, 1894, of Forms of Declarations
by Pensioners and others, under Section 6 of the Annual Appropriation Act.
Pay Office Forms. 1. Rewards for Distinguished Military Services (Direct). Do.
(Through Banker). Do..
(External). Retired Pay (Direct). 6. Do. (Through Banker).
Do. (External). 9. Half Pay (Direct).
Do. (Through Banker). 11. Do. (Agents).
* 56 & 57 Vict. c. 60.
† Published in Statutory Rules and Orders, 1893, pp. 811-815. 83964.