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ORDERS IN COUNCIL

AND

PROCLAMATIONS

OF THE

PROTECTORATE OF NORTHERN NIGERIA.

REPRINT OF STATUTE LAW.

PROCLAMATION No. 6 OF 1904.

tectorate.

A PROCLAMATION to make provision for the preparation and publication of an Edition of the Statute Laws of the Pro

[22nd July, 1904. BE IT ENACTED by the High Commissioner of Northern Nigeria as follows:

1. This Proclamation may be cited as “The Reprint of Statutes Short titlo. Proclamation, 1904." 2.-(1.) Henry Cowper GOLLAN, Chief Justice of the Pro- Appointment

tectorate, is hereby appointed a Commissioner for the of Compurpose of preparing the Edition of the Statute Laws of

preparation the Protectorate, in force on the thirty-first day of of Edition of December, 1903, or such later date* 'as the tigh Statute Laws.

Commissioner may fix by notification in the Gazette. (2.) In

case the said Chief Justice is unable from any cause to
fully discharge his commission under this Proclamation,
the High Commissioner may appoint some fit and proper
person or persons to be Commissioner or Commissioners
in his stead.

missioner for

* 1st October, 1904. Sce Notification set out infra.

Powers vested in the Commissioner.

(3.) If in such case more Commissioners than one are appointed

the term “the Commissioner” as hereinafter used shall

apply to such Commissioners. 3. In the preparation of the said Edition the Commissioner shall have the following powers, that is to say : (1.) To omit :

(a.) All Proclamations or part of Proclamations which have been expressly or specifically repealed, or which have expired or become spent or have had their effect;

(6.) All repealing enactments contained in Proclamations, and also all tables or lists of repealed enactments, whether contained in Schedules or otherwise ;

(C.) All enactments prescribing the date when a Proclamation or part of a Proclamation is to come into operation, where such omission can, in the opinion of the Commissioner, be conveniently made;

(d.) All amending Proclamations or parts of Proclamations where the amendments effected by such Proclamations or parts of Proclamations have been embodied by the Commissioner in the Proclamation to

which they relate; (2.) To consolidate into one Proclamation any two or more

Proclamations in pari materia, making the alterations thereby rendered necessary in the consolidated Proclamation, and affixing thereto the date of the principal Proclamation, the dates of amending Proclamations

consolidated therewith being stated in a footnote; (3.) To supply or alter marginal notes; (4.) To alter the order of sections in any Proclamation; and in

all cases where it is necessary so to do, to renumber the

sections of any Proclamation; (5.) To alter the form or construction of any section of a

Proclamation, either by combining it in whole or in part with another section, or other sections, or by dividing it

into two or more sub-sections; (6.) To transfer any enactment contained in a Proclamation

from such Proclamation to any other Proclamation to

which it more properly belongs; (7.) To divide any Proclamation, whether consolidated or not,

into parts or other divisions; (8.) To add a short title to any Proclamation which may require

it, and if necessary, to alter the short title of any Pro

clamation; (9.) To correct grammatical and typographical mistakes in the

existing copies of Proclamations, and for that purpose to make verbal alterations, additions, or omissions not affecting the meaning of any enactment;

(10.) To shorten and simplify the phraseology of any enactment;

and (11.) To do all other things relating to form and method which

may be necessary for the perfecting of the said new and

revised edition. 4. The Commissioner may, with the concurrence of the High Further Commissioner, make such alterations, additions, and omissions, powers of with respect to any rules, regulations, or notices that may have missioner. been made and published under the provisions of any Proclamation and may, with the like concurrence, make in conformity with the said provisions and include in the said edition, such other rules, regulations, and notices, as to him may seem expedient.

Provided that nothing in this section shall confer on the High Commissioner or the Commissioner power to alter, amend, add to, or revoke any regulations made under any Proclamation if the said regulations are subject to disallowance by the King.

5. The said edition shall be printed in one or more volumes, Further which may also contain;

(a.) All such Imperial Statutes in force in or relating to the Protectorate as the Commissioner may think fit to include:

(6.) The orders of the King in Council in force in the Protectorate of Northern Nigeria on the 31st December, 1903, or such later date as the High Commissioner shall have fixed under section 2 hereof;

(e.) A table of contents, a chronological table of the Orders of her late Majesty in Council and of the Orders of the King in Council relating to, and of the Proclamations of the Protectorate, and of the rules made thereunder, in force on the 31st December, 1903, or such later date

as aforesaid, and an Index. 6. When the said edition has been fully prepared the Com- Printing, etc., missioner shall, with the approval of the High Commissioner, make such arrangements for the printing, indexing, and binding of the same, whether in the Protectorate, or in England, as he may

contents of edition.

of edition.

think expedient.

of edition,

7. The High Commissioner may, by Government Notice, approve Validity and of the said edition and order that it shall come into force from operation such date as he thinks proper. From the date named in the said Government Notice, the said edition shall be deemed to be, without any question, in all Courts of Justice and for all other purposes whatsoever, the sole and the only proper Statute Book of the Protectorate, up to the date of the latest of the Proclamations

8. Where, in any enactments or in any document of whatever Construction kind, reference is made to any enactment repealed or otherwise affected by the operation of this Proclamation, such reference shall

, etc., enact

contained therein.

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where necessary and practicable, be deemed to extend and apply to the corresponding enactment in the new and revised edition.

9. This Proclamation shall be printed at the commencement of the said edition.

Place of the Proclamation in new edition.

30TH JULY, 1904.

ORDER UNDER PROCLAMATION No. 6 OF 1904.

(s. 2 (1).)

WHEREAS by virtue of s. 2 (1) of the Reprint of Statutes Proclamation, 1904, the High Commissioner is empowered to direct that the Edition of the Statute Laws of the Protectorate published by virtue of that Proclamation shall include such Statute Laws of the Protectorate as are in force on any date later than the 31st day of December, 1903, that he may fix by notification in the Gazette.

NOW, THEREFORE, I do hereby direct that all Statute Laws which are in force on the 1st day of October, 1904, may be so included.

(Signed) F. D. LUGARD,

High Commissioner.

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THE QUEEN'S MOST EXCELLENT MAJESTY, His Royal HIGHNESS THE DUKE OF CONNAUGHT AND STRATHEARN,

MR. BALFOUR, MR. RITCHIE. WHEREAS the territories of West Africa situate within the limits of this Order, as hereinafter described, are under the protection of Her Majesty the Queen:

And whereas by treaty, grant, usage, sufferance, and other lawful means, Her Majesty has power and jurisdiction in the said territories:

And whereas by Her Majesty's Royal Charter dated the 10th day of July 1886 the National African Company, Limited (in the said Charter and hereinafter referred to as “the Company”), was authorised and empowered to hold and retain the full benefit of the several cessions of territories in the basin of the River Niger in Africa therein recited to have been made to the Company by the various acts of cession or treaties specified in the Schedule to the said Charter or any of them, and all rights, interests, authorities and powers for the purpose of government, preservation of public order, protection of the said territories or otherwise of what nature or kind soever, under or by virtue thereof or resulting therefrom and ceded to or vested in the Company in, over, or affecting the territories, lands, and property comprised in those several cessions, or in, over, or affecting any territories, lands, or property in the neighbourhood of the same, and to hold, use, enjoy, and exercise the same territories, lands, property, rights,

• Came into operation on 1st January, 1900. See Article XV. infra.

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