perpetrator of such crime, who shall give such information and evidence as shall lead to the apprehension and conviction of the principal offender; and further, may grant to any offender convicted of any crime in any court, or before any judge, justice magistrate, or other officer within Northern Nigeria, a pardon, either free or subject to lawful conditions, or any respite of the execution of the sentence of any such offender, for such period as to the High Commissioner may seem fit, and may remit any fines, penalties, or forfeitures, which may become due and payable. XII. Subject to the provisions of this Order or of any Proclamation made under this Order, all Statutes, Orders in Council, Rules, Regulations, or Treaties, together with any jurisdiction exerciseable thereunder, whether exerciseable by Her Majesty or by any person on Her behalf, or by any Court within Northern Nigeria, or under any Commission, or under any Charter granted by Her Majesty, which at the commencement of this Order are in force within the limits of this Order or any part of such limits, shall remain in full force, and every suit, action, complaint, matter or thing, civil or criminal, which shall be depending in any court within Northern Nigeria at the commencement of this Order, shall and may be proceeded with in such court in like manner as if this Order had not been passed. XIII. In the event of the death, incapacity, absence, or removal of the High Commissioner from Northern Nigeria, all and every the powers and authorities herein granted to him shall, until Her Majesty's further pleasure is signified therein be vested in such person or persons as may be appointed by Her Majesty; and in case there shall be no person or persons so appointed by Her Majesty, then in the Senior Officer for the time being in command of the West African Frontier Force within Northern Nigeria. XIV. From and after the coming into operation of this Order, the provisions of the Africa Order in Council, 1889,* shall cease to apply to Northern Nigeria, without prejudice to anything lawfully done thereunder. XV. This Order shall be published in the Gazette, and shall come into operation on the First day of January, 1900, 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 Northern Nigeria. XVI. Her Majesty may from time to time revoke, alter, add to, or amend this Order. The Right Honourable Joseph Chamberlain, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly. * Printed at pp. 1-35 above. A. W. FitzRoy. This Order was published in the "London Gazette," January 5, 1900. ORDER IN COUNCIL APPLYING THE COLONIAL PRISONERS REMOVAL ACT, 1884,* TO THE PROTECTORATE OF NORTHERN NIGERIA. 1902. No. 204. At the Court at St. James's, the 6th day of March, 1902. PRESENT: The King's Most Excellent Majesty. Lord President. Earl of Kintore. Lord James of Hereford. Whereas it is provided by the Colonial Prisoners Removal Act, 1884, that it shall be lawful for His Majesty in Council from time to time to direct that the said Act shall apply as if, subject to the conditions, exceptions, and qualifications (if any) contained in the Order, any place out of His Majesty's Dominions in which His Majesty has jurisdiction and which is named in the Order, were a British possession and part of His Majesty's dominions, and to provide for carrying into effect such application : And whereas His Majesty has power and jurisdiction within the Protectorate of Northern Nigeria: Now, therefore, His Majesty, in pursuance and exercise of the powers in this behalf by the said Act of Parliament or otherwise in Him vested, is pleased, by and with the advice of His Privy Council to order, and it is hereby ordered, as follows: 1. The Colonial Prisoners Removal Act, 1884, shall apply to and take effect within the Protectorate of Northern Nigeria, as if that Protectorate were a British possession and part of His Majesty's Dominions. 2. In order to carry out the application of the said Act to the Protectorate of Northern Nigeria, the High Commissioner, or any person or persons lawfully discharging the functions of High Commissioner may exercise all powers vested by the said Act in the Governor of a British possession. A. W. FitzRoy. THE NIGER NAVIGATION ORDER IN COUNCIL, 1903. 1903. No. 671. At the Court at Buckingham Palace, the 10th day of August, 1903. PRESENT: The King's Most Excellent Majesty. Lord President. Earl of Kintore. Lord Balfour of Burleigh. Whereas it is expedient to make provision for regulating the navigation of the River Niger and its tributaries : * 47 & 48 Vict. c. 31. 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 Niger Navigation Order in Council, 1903. 2. In this Order and in any regulations made under this Order unless the context otherwise requires The expression "The British Niger Territory" includes the "Vessel" includes any kind of ship, boat, lighter, canoe or Secretary of State" means one of His Majesty's Principal The expression "Court of Competent Jurisdiction" means 3. Subject to the provisions of this Order and of any regulations made under this Order, vessels navigating the River Niger shall in all respects be subject to the law in force in that portion of the British Niger Territory in which they may happen from time to time to be. 4. It shall be lawful for a Secretary of State from time to time to make rules for the safety and control of navigation and for the imposition and collection of taxes, duties, and tolls for services rendered to navigation, and also, as occasion may require, to alter, amend, or revoke all or any of such rules. All such rules and such alterations, amendments, and revocations thereof shall have the same force and effect for all purposes as if the same had been made by this Order and shall come into operation in such manner and on such date as shall be provided by such rules. 5. Every person who acts in contravention of this Order or of any rules made thereunder shall upon conviction be liable to a penalty not exceeding £200 or to imprisonment for a period not exceeding six months. 6. A Court of Competent Jurisdiction may order any person who is within the local limits of its jurisdiction and is charged with an offence committed in any part of the British Niger * 53 & 54 Vict. c. 37. †This reference is to the Northern Nigeria Order in Council, 1899, printed at p. 153 above. This reference is to the Southern Nigeria Order in Council, 1899, printed at p. 167 below. Territory against this Order or of any rule made in pursuance of the provisions thereof, to be brought before it and enquire of, hear and determine such charge as if such offence had been committed within the local limits of the jurisdiction of such Court. 7. The High Commissioners of the Protectorates of Northern and Southern Nigeria shall cause this Order to be published in the respective Gazettes of the said Protectorates on the same day and this Order shall come into operation on that date. 8. His Majesty may from time to time revoke, alter, or amend this Order. A. W. FitzRoy.. THE NIGER TRANSIT ORDER IN COUNCIL, 1903. 1903. No. 672. At the Court at Buckingham Palace, the 10th day of August, 1903. PRESENT: The King's Most Excellent Majesty. Lord President. Earl of Kintore. Lord Balfour of Burleigh. Whereas it is expedient to make provision for the passing of vessels and of goods in transit between the sea and places beyond the British Niger Territory (as hereinafter defined): 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 Niger Transit Order in Council, 1903. 2. In this Order and in any Regulations made under this Order, unless the context otherwise requires. The expression "The British Niger Territory" includes the Protectorate of Northern Nigeria and of Southern Nigeria as the same are respectively described and delimited by the Northern Nigeria Order in Council, 1900, and the Southern Nigeria Order in Council, 1900.§ The expression "River Niger" shall include the River Niger and all its affluents, branches, and outlets within the British Niger Territory. The expression "Customs authority" includes any official of the Protectorates of Northern or Southern Nigeria deputed or directed by the respective High Commissioners of such Protec *This Order was published in the Southern Nigeria Government Gazette, January 5, 1904. † 53 & 54 Vict c. 37. This reference is to the Northern Nigeria Order in Council, 1899, printed at p. 153 above. § This reference is to the Southern Nigeria Order in Council, 1899, printed at p. 167 below. torates or either of them to perform any of the duties or do any of the acts imposed upon the Customs authority. "Vessel" includes any kind of ship, boat, lighter, canoe or raft, other than a public ship. 66 Secretary of State Secretaries of State. means one of His Majesty's Principal 3. Vessels and goods may pass in transit between the sea and places beyond the British Niger Territory subject to the Regulations contained in the Schedule, which shall come into operation at the commencement of this Order. Any such Regulations may be altered, amended, or revoked by a Secretary of State. 4. A Secretary of State may at any time make any other or additional Regulations for carrying this Order into effect and may from time to time alter, amend, or revoke all or any of such Regulations as occasion may require. All such rules and such alterations, amendments, and revocations thereof shall have the same force and effect for all purposes as if the same had been made by Order in Council, and shall come into operation in such manner and on such date as shall be provided by such Regulations. 5. Every person who acts in contravention of this Order or of any Regulations made thereunder shall upon conviction be liable to a penalty not exceeding £200 or to imprisonment for a period not exceeding six months. 6. Any Court of competent jurisdiction of either of the Protectorates of Northern or Southern Nigeria which is empowered under the law of Northern or Southern Nigeria (as the case may be) to impose for any offence the punishment of imprisonment for six months may order any person who is within the local limits of its jurisdiction and is charged with an offence committed in any part of the British Niger Territory against this Order or of any Regulation made in pursuance of the provisions thereof, to be brought before that Court and enquire of, hear and determine such charge as if such offence had been committed within the local limits of the jurisdiction of such Court. 7. Subject to the provisions of this Order and of any Regulations made under this Order goods and vessels in transit shall in all respects be subject to the law in force in that portion of the British Niger Territory in which the said vessels or goods may happen from time to time to be, including any Sanitary Regulations respecting human, animal, or plant life. 8. The respective High Commissioners of the Protectorates of Northern Nigeria and Southern Nigeria shall cause this Order and the Regulations in the Schedule to be published in the respective Gazettes of the said Protectorates on the same day, and this Order and the Regulations contained in the Schedule to this Order shall come into operation on that date. 9. His Majesty may from time to time revoke, alter, or amend this Order. A. W. FitzRoy. *This Order was published in the Southern Nigeria Government Gazette, January 5, 1904, |