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Leave of

absence with half salary.

Leave of

absence without salary.

Commencement of pensionable service.

Acting service.

Officers enjoying private practice.

taken into account. Provided always that of the period of service paid for out of an open vote, only two-thirds shall be counted for the purposes of these Regulations.

12. The periods during which an officer has been absent on leave with half salary shall, for the purpose of computing the amount of his pension, be counted at the rate of one month for every two months of such absence, but the period during which an officer has been absent on leave with full salary shall, under all circumstances, be counted at the full rate.

13. Any periods during which an officer has been absent on leave without salary shall not be counted as service, unless such leave has been granted on grounds of public policy, in which case a period not exceeding one year may be counted, for the purpose of these Regulations, as service on full salary.

14. Subject to the provisions of section 4 of the Proclamation, service will be deemed to commence, for pension purposes, at the date on which officers commence to draw salary or half salary.

15. Acting service in a pensionable office will, when continuous with permanent employment, be allowed to reckon as service for pension, provided that the period of such acting service has not been taken to account as part of the service of the previous holder of the office or as part of the officer's service in another Colony or Protectorate.

16. If a pension is granted to any officer who, during any portion of the ten years preceding his retirement, has been allowed the private practice of his profession, the full addition for professional or peculiar qualifications referred to in the next following section shall not be made, nor shall any fees paid out of the Treasury be included in his salary in computing his pension.

Professional 17. In computing the pension of an officer who, on retirement from qualifications. the service, holds one of the offices mentioned in the Schedule appended to these Regulations, the addition of the number of sixtieths. of his salary in the said Schedule mentioned may be made to his pension; provided that no addition shall be made so as to entitle an officer to a higher pension than the maximum of two-thirds of the highest salary drawn by him at any time in the course of his service; and provided that the full addition shall not be made unless he has served ten years in the office from which he retires, or in an office of the same class in the Schedule; but, if he has served less than ten years in such an office, an addition may be made which shall have the like proportion to the full addition which the number of years he has served in such capacity bears to ten years.

Pensions to abate on pensioner obtaining

other public

Provided also that no addition of sixtieths shall be made under this section in excess of the number of years by which the officer's age at the date of his entering the pensionable service of the Crown exceeded twenty-four years.

18. If any pensioner under these Regulations is appointed to another office in the Public Service of the Protectorate, or in that of any other Colony or Protectorate, then during his tenure of such office so much only (if any) of his pension shall be paid to him as, together with any employment. pension received by him from any other Government, and with the salary of such office, makes up an amount equal (a) if the office is in West Africa to the salary, or (b) if the office is not in West Africa to two-thirds of the salary of the office which he held at the date of the grant of his pension.

ferred from

one West African

19. Every officer who is transferred to or from the service of the Rights of Protectorat from or to the service of any of the other West African officers transColonies or Protectorates, and whose aggregate service would have entitled him, had it been wholly in the Protectorate, to a pension under these Regulations, shall, on his ultimate retirement from service, if he Colony or has served for a period of at least twelve months in the Protectorate, Protectorate be entitled to a pension which shall bear the same proportion to that to another. to which he would have been entitled, had the whole of his service been in the Protectorate, as the aggregate amount of the salary which he has drawn from the Protectorate bears to the total sum made up of such aggregate amount and the aggregate amounts received from the other West African Colonies or Protectorates.

ferred from

torate not in West Africa

or to the

20. Every public officer who, having held a pensionable office in Rights of the Protectorate for a period of at least twelve calendar months, leaves officers transthe service of the Protectorate, for the service of any Colony or the Protectorate not in West Africa or for service under the Imperial Protectorate Government, and whose aggregate service would have entitled him, to any Colony had it been wholly in the Protectorate, to a pension under these or ProtecRegulations, shall on his ultimate retirement from service, be entitled to a pension at the rate of one seven-hundred-and-twentieth (-), or in the case of an European Officer at the rate of one four-hundred-andeightieth (1), of the amount of his annual salary at the date of his so leaving the service of the Protectorate as aforesaid, for each calendar month of his service in the Protectorate; and in calculating such service in the Protectorate, an addition proportionate to his total public service may be made in respect of the grant, if any, allowable under section 17; provided that his total pension shall in no case be greater than the maximum of two-thirds of the highest salary drawn by him at any time in the course of his service.

service of the Imperial Government.

Rights of officers trans

ferred to the Protectorate

from any other Colony

21. Every public officer who, having held a pensionable office in the service of any other Colony or Protectorate not in West Africa or in the service of the Imperial Government, is transferred from such service to a pensionable office in the Protectorate, and whose aggregate service would have entitled him, had it been wholly in the Protectorate, to pension under these Regulations, shall, on his retirement from service, and if he has served for a period of at least of twelve months in the Protectorate be entitled to a pension at the rate of one seven-hundred- or from the and-twentieth, or in the case of an European officer at the rate of one service of the four-hundred-and-eightieth, of the amount of his annual salary at the Imperial date of such retirement for each calendar month of his service in the Protectorate.

or Protectorate not in West Africa

Government.

Allowance to officers who

have served fifteen years

22. In the case of an officer who is not qualified for a pension or gratuity under these Regulations, but has continuously served the Protectorate for fifteen years or upwards, a monthly allowance may be granted to such officer not exceeding three-fourths of the pension to in a nonwhich he would have been entitled had he been employed in a pensionable pensionable office, or in lieu of such allowance there may be paid to him a capital office. sum equal to the amount of sixty of such monthly payments, but no such capital sum shall be paid in any case of retirement on the ground of ill-health, provided that where an officer has been transferred from a pensionable to a non-pensionable office, he shall be entitled either (1) to count his service in the non-pensionable office as though it were service in a pensionable office at the salary which he received immediately prior to such transfer, or (2) to count his service in the pensionable

Good conduct required.

Liability of

pensioners to

be called. upon to take further employment.

office as though it were service in the non-pensionable office, and to take the benefit of this section accordingly.

23. (1.) Pensions, gratuities, and allowances, computed at the rate before mentioned, shall only be granted in cases of decidedly faithful and meritorius service.

(2) Where the fidelity and diligence of the officer fall short of the first degree of merit, the computation may be made at lower

rates.

(3.) Where the officer has been guilty of gross negligence, irregularity, or misconduct, the grant of pension, gratuity, or other allowance, may be altogether withheld.

24. Every pension granted to an European officer shall be under the following conditions :

(a.) Unless or until he has attained the age of fifty-five years, he may, if physically fit for service, be called upon to accept, in lieu of his pension, any office not in West Africa for which the Secretary of State for the Colonies may think proper to select him, provided that the salary of the office is not less than two-thirds of the salary of the office which he held at the date of the grant of his pension;

(b.) If the pension was granted on account of some infirmity of mind or body or other unfitness and his health shall have been re-established, he may, unless or until he has attained the age of fifty years, be called upon to accept, in lieu of his pension, any office in West Africa for which the Secretary of State may think proper to select him, provided that the salary is not less than that of the office which he held at the date of the grant of his pension;

and, if a pensioner so called upon declines to accept the office for which he may have been selected, the payment of his pension may be suspended until he has attained the age of fifty-five or fifty years as the case may be.

SCHEDULE TO REGULATIONS.

The number of sixtieths of an officer's salary which may be added to his pension, under section 17, is as follows:

For the First Class
For the Second Class

For the Third Class

The First Class comprises

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Ten-sixtieths.
Five-sixtieths.

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Judges of the Supreme Court.

Second Class

Attorney-General,

Chief Medical Officer,

Director of Public Works, when a Civil Engineer.

Third Class

Solicitor-General,

Medical Officers,

District Commissioners, when Barrister-at-Law or Advocates of the Scotch Bar,

Director of Public Work, not a Civil Engineer.

WILD ANIMALS,

BIRDS, AND FISH PRESERVATION.

PROCLAMATION No. 15 of 1901.

A PROCLAMATION to provide for the preservation of Title. Wild Animals, Birds, and Fish. [18th January, 1902.

WHEREAS the Protectorate of Northern Nigeria is within the Preamble. Zone specified in the first Article of a Convention for the Preservation of Wild Animals, Birds, and Fish in Africa, signed at London on the 19th day of May, 1900:

BE IT ENACTED by the High Commissioner of Northern Enacting Nigeria as follows:

clause.

1. This Proclamation may be cited as the "Wild Animals, Short title. Birds, and Fish Preservation Proclamation, 1901."

2. In this Proclamation unless the context otherwise requires Interpretation “Animal "" means any wild animal.

"Bird" means any wild bird.

"Collect" means to capture or kill by any means any animals, birds, or fish for scientific purposes.

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Young" as applied to an elephant means having a tusk
weighing less than 10 lbs. avoirdupois.

3.-(1) Any person killing or capturing or attempting to kill Protection of
or capture a young elephant shall be guilty of an young
offence and on conviction shall be liable to a penalty elephants.
not exceeding Fifty pounds or to imprisonment for a
period not exceeding six months or both.

(2) Any person found in the possession of any elephant tusk
weighing less than 10 lbs. avoirdupois shall be liable to a
penalty not exceeding Fifty pounds or to imprisonment
not exceeding six months and such tusk shall in every
case be forfeited to His Majesty.

4. Subject to the provisions hereinafter appearing:
(1.) Any person capturing or killing any of the animals or
birds specified in Schedule I. hereof or such other animals
or birds as the High Commissioner may from time to time

Capturing or
killing ani-
in Schedule I.

mals or birds

Capturing or killing the

young of

animals or birds in

Schedule II.

Capturing or

killing

females accompanied by young. Schedule III.

High Commissioner may suspend operation of section 4.

Resident may

by notice in the Gazette direct to be added to those
mentioned in such Schedule, shall be guilty of an offence
and shall on conviction be liable to a penalty not exceeding
Twenty-five pounds or to imprisonment not exceeding
three months for each animal or bird so captured or
killed.

(2.) Any person capturing or killing the young of any animal
of the species mentioned in Schedule II. hereof shall be
guilty of an offence and shall on conviction be liable to
a penalty not exceeding Twenty-five pounds or to
imprisonment not exceeding three months for each
young of such animal or bird so captured or killed.
(3.) Any person capturing or killing any female animal of the
species mentioned in Schedule III. when accompanied by
young shall be guilty of an offence and shall on conviction.
be liable to a penalty not exceeding Twenty-five pounds
or to imprisonment not exceeding three months in respect
of each such female animal so captured or killed.
(4.) Any person using poison or dynamite or any other explosive
whatsoever for the purpose of taking fish in any river,
stream, brook, lake, pond, or lagoon, shall be guilty of
an offence and shall be liable on conviction to a penalty
not exceeding Fifty pounds or imprisonment for a period
not exceeding six months for each such offence.

(5.) Any person attempting to do any of the acts prohibited
in the foregoing sub-sections shall be guilty of an offence
and shall on conviction be liable to a penalty not exceeding
Twenty-five pounds or to imprisonment for a period not
exceeding three months.

5. The High Commissioner may, by Government Notice in the Gazette if he shall deem it desirable to do so either as regards natives living in a particular district or districts, or for important administrative reasons, or by reason of temporary difficulties in the administrative organisation of any part of the Protectorate, or for the purpose of granting a license to any person or persons to collect specimens for museums or zoological gardens or for any other scientific purpose suspend the operation of the provisions of section 4 hereof or such of them as the High Commissioner may mention in such Notice or license: Provided that nothing contained in this section shall authorise the High Commissioner to permit the killing of young elephants.

6. A Resident may by license under his hand authorise any grant licenses. person to capture or kill animals and birds of the species Penalty for mentioned in Schedule 4 hereof or any of them, and such license capturing, etc., without shall specify the number of such animals and birds which the license. licensee shall be entitled to capture or kill, but any person capturing or killing without such license as aforesaid, or attempting to so capture or kill any of the said animals or birds,

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