(6.) At or before the issue of this license the holder shall if required by the High Commissioner, deposit with the Treasurer the sum of £50 or, if the High Commissioner in his discretion allows it, shall give security to the amount of £50 in a form to be approved by the High Commissioner and in the event of the holder committing any breach of the terms of this license the said sum or so much thereof as the High Commissioner may decide, shall without prejudice to any fine or penalty to which the holder may under the next succeeding clause be liable, be forfeited to Government. (7.) If the holder shall contravene any of the terms of this license he shall, unless he is liable to a severer penalty under the provisions of the Proclamation, be liable to a penalty not exceeding twenty-five pounds or to imprisonment for a period not exceeding three months, and the Court before which any such contravention is proved may also declare the license forfeited. ORDER MADE UNDER SECTION 7 OF PROCLAMATION (a.) All land within 3 miles of the Cantonment of Zungeru. Penalties. PROCLAMATIONS FOR 1902. LIQUOR PROHIBITION. PROCLAMATION No. 1 OF 1902.* Short title. Interpretation. Importation prohibited except as provided. Importation under permit. A PROCLAMATION regulating the Importation, Sale and Manufacture of Spirituous Liquors and Wines. [10th February, 1902. BE IT ENACTED by the High Commissioner of Northern Nigeria as follows: 1. This Proclamation may be cited as "The Liquor Prohibition Proclamation, 1902." 2. In this Proclamation "Spirituous Liquors" shall mean and include rum, brandy, gin, whisky, absinthe, liqueurs, and other distilled waters; and "Vessel" shall mean and include any kind of ship, boat, lighter, canoe, or raft used for inland navigation. IMPORTATION OF SPIRITUOUS LIQUORS AND WINES. 3. No spirituous liquors or wines shall be imported into the Protectorate except by non-natives who are conveying them personally and for their own use, or except in the manner provided in the next succeeding section. 4. Non-natives desiring to import into the Protectorate spirituous liquors and wines for their own use, to be shipped either directly to themselves or to any agent on their behalf in the Protectorate, or for the purposes of sale under license to non-natives or in the capacity of agents on behalf of any other non-native, may do so on making a due declaration thereof and on receiving a permit in the Form of Schedule "A" from the Secretary to the *Proclamation No. 13 of 1904 incorporated. Section 2 of Principal Proclamation (repeal section) is omitted. Administration or from such other person or persons as the Provided always that it shall be in the power of the Secretary to the Administration or such other person or persons as the High Commissioner may appoint to refuse to grant a permit. 5. Every person wilfully making a false declaration, or taking Penalties. part in or conniving at any contravention of the two foregoing sections shall be liable on conviction for a first offence to a penalty not exceeding One hundred pounds and for each subsequent offence to a penalty not exceeding Five hundred pounds. 6. Every person importing spirituous liquors or wines shall Permit to be produce his permit when called upon to do so by a District Officer produced or any person appointed by him. 7. Every native found in the possession of spirituous liquors or wines within the Protectorate shall be liable on conviction to a penalty not exceeding One hundred pounds. when required. Natives in possession of spirituous liquors, penalty. 8. Any non-native found in possession of spirituous liquors or Non-natives wines for which he is unable to produce a permit for importation, found in or is unable satisfactorily to account either by the production of possession of spirituous a permit or by proof that he has purchased them from some person liquors. licensed to sell spirituous liquors or wines within the Protectorate, shall be presumed to have illegally imported such spirituous liquors or wines and the burden of proof that such spirituous liquors or wines have not been so imported shall be upon him. 9. Every person convicted under the foregoing section shall be Penalty. liable on conviction to the penalties provided in section 5. SPIRITUOUS LIQUORS AND WINES. 10. No spirituous liquors or wines except as hereinafter pro- Sale of vided shall be sold, bartered, or offered for sale or barter within spirituous the Protectorate. liquors prohibited. may grant 11. The High Commissioner may in his discretion grant The High licenses in the form of Schedule "B" for the sale of spirituous Commissioner liquors and wines to non-natives and may attach such conditions licenses to sell to such license as he may think fit: Provided that at any time to nonduring the duration of the license the High Commissioner may in natives. his discretion cancel the license. There shall be payable on each license an annual duty of pounds, and each license shall expire on the 31st day the duty paid. person selling, bartering or offering for sale or Penalties. ng part in or conniving at the selling, bartering, or Penalty for selling contrary to license. Giving spirituous liquors to natives prohibited, penalty. Power to vessels, etc. offering for sale or barter of spirituous liquors or wines contrary to the provisions of the two preceding sections shall be liable on conviction for a first offence to a penalty not exceeding One hundred pounds, and for each subsequent offence to a penalty not exceeding Five hundred pounds. 13. Any person selling wines and spirituous liquors contrary to the conditions of his license shall be liable to the penalties provided in the foregoing section. GENERAL PROVISIONS. 14. Any non-native giving spirituous liquors or wines to a native except in case of sickness shall be liable to a penalty not exceeding One hundred pounds. 15. On reasonable suspicion that any contravention of this Proclamation has taken place any District Officer or other person search persons, appointed by him may stop, search and examine any person, animal, vessel or other means of conveyance for the purpose of discovering whether any contravention of this Proclamation has taken place. Forfeiture of vessels, etc. Forfeiture of spiritnous liquors. Recovery of penalties. Power of High Commissioner to make Rules. 16. Every vessel or other means of conveyance employed in any way in contravention of this Proclamation shall be liable to seizure and forfeiture. 17. All spirituous liquors and wines imported, sold, offered for sale or barter or given or possessed in contravention of this Proclamation shall be liable to seizure and forfeiture. 18. All penalties imposed by this Proclamation shall be recoverable upon summary trial, and if not forthwith paid shall be levied by distress and sale of the offender's goods and in default of sufficient distress, or without proceeding by way of distress, if the Court pronouncing sentence so order, it shall be lawful to commit the offender to prison for any term not exceeding six months for the first offence, and not exceeding twelve months for each subsequent offence. 19. It shall be lawful for the High Commissioner from time to time, by order or orders, to make, vary, suspend or revoke rules and regulations for the more effectual carrying out of the provisions of this Proclamation, and to annex a penalty not exceeding Five pounds for any breach of any such rules or regulations when so made, to be recoverable in manner provided in section 18 of this Proclamation; and every order so made shall, upon publication thereof in the Government Gazette have the same force and effect as if it were contained in this Proclamation subject to disallowance by His Majesty. SCHEDULE "A." Form of Declaration and Permit. DECLARATION OF SPIRITUOUS LIQUORS AND WINES FOR IMPORTATION I the undersigned * do hereby declare that I desire to import † Spirituous Liquors and Wines as understated which I declare to be for my own use in Northern Nigeria (or for sale under license in Northern Nigeria to persons other than natives) and for no other purpose. Quantity and Description of Spirituous Liquors and Wines. Purpose of Importation.‡ * Here state name and status of Im porter, and his agent (if any). + If importing by water, in sert here the name of the vessel and the person in charge thereof and other details as may be required. + State if for personal consumption or if for sale under license. If for sale under license state place or places where Liquor and Wines to be sold. Signature.... I hereby certify my approval of the importation of the above Spirituous Liquors and Wines into Northern Nigeria. License is hereby granted to [Name and Residence of persons Dated this Duty paid...... day of 19 Signature of High Commissioner. |