NATIVE COURTS. PROCLAMATION No. 5 OF 1900.* A PROCLAMATION for the establishment and better regulation and control of Native Courts. [1st January, 1900. BE IT ENACTED by the High Commissioner of Northern Nigeria as follows: 1. This Proclamation may be cited as the "Native Courts Short title. Proclamation, 1900." or Courts. 2. At such principal or other native towns within his Province Native as a Resident may select with the consent of the Head Chief Principal Emir of the territory in which such towns are situate, or, if there be no such Head Chief or Emir, at the discretion of the Resident, a Resident may by warrant under his hand, with the approval and assent of the High Commissioner, establish Native Courts subject to the provisions of this Proclamation. 3. Such Courts shall consist in every case of one or more persons Constitution to be appointed by the Head Chief or Emir with the approval of of Courts. the Resident, or, if there be no such Head Chief or Emir, then by the Resident. 4. The persons who shall be deemed to be Head Chiefs or Recognition Principal Emirs of any territories within the meaning of the of Head foregoing sections shall be notified by the High Commissioner Chiefs, Emirs, from time to time in the Gazette. etc. alter 5. The Resident or Assistant Resident shall at all times have Power of access to the Court, and may, on application from either the Resident to plaintiff or defendant, or from any person convicted by such Court, sentence. or of his own motion, exercise the right of ordering a rehearing before the same or another Court, or of suspending, reducing, or otherwise modifying any sentence or decision of a Native Court. 6. A Native Court shall exercise no jurisdiction whatsoever Persons over cases to which the Crown is a party, or over non-natives or amenable. (except with the consent of the Resident) natives in Government employ, or within a Cantonment. 7.-1.) A Native Court shall, subject to the provisions herein- Extent of after stated, have jurisdiction in proceedings, civil and jurisdiction. criminal, to which natives only are parties. * Proclamation No. 11 of 1904 incorporated. Amended by No. 23 of 1904. Law to be (2.) The Resident shall in the warrant establishing a Native Court define the extent of the jurisdiction of such Native Court, both as to the area and as to the powers to be exercised, and may, with the consent of the High Commissioner, by warrant from time to time enlarge or diminish such jurisdiction. 8. The native law and custom prevailing in the territory over administered. which a Native Court has jurisdiction shall, subject to any Proclamation enacted for the Protectorate, be administered by such Native Court provided that no punishment, involving mutilation, torture or grievous bodily harm, or repugnant to natural justice and humanity, may be inflicted. Disposal of fines. Minutes of cases. Executing Supreme or Apprehension of offenders. Power to missioner to No counsel or attorney to appear. 9. Any fines and fees lawfully imposed and collected by a Native Court shall be at the disposal of the Court, and shall be applied in such proportion as the Resident may decide, in the payment of the members of the Court, and of the Mallam or Scribe of the Court. 10. (1.) To every Native Court, a Scribe (Mallam) shall be appointed, who shall keep minutes in Hausa or Arabic of all cases tried in such Court for the information of the Resident. (2.) The Resident shall submit quarterly to the High Commissioner a report of any cases of special interest and importance tried in the Native Courts of his Province, together with a return of sentences inflicted. 11. A Native Court shall carry into execution any decrees or Orders of the Supreme or a Provincial Court directed to it, and shall execute all warrants and serve all process issued by, and generally give such assistance to, the Supreme or a Provincial Court as may be required of it. 12. A Native Court shall cause to be apprehended and sent to the Provincial Court, as soon as may be, any person found committing within its jurisdiction, or any person found within its jurisdiction, who has committed elsewhere, any offence which it has no jurisdiction to try, and generally shall obey any direction given to it by any District Officer for the apprehension and sending to a Provincial Court of any such offenders. 13. It shall be lawful for the High Commissioner to make rules for fixing the fees to be charged in Native Courts and for the carrying out of the provisions of this Proclamation. 14. No Counsel, Attorney, Solicitor, or other person shall be heard or allowed to appear on behalf of any party to any civil or criminal proceedings in a Native Court without the leave, in writing, of the Resident. OFFICIAL OATHS. PROCLAMATION No. 6 OF 1900. A PROCLAMATION prescribing the oaths to be taken by the High Commissioner and other officials of the Protectorate. [1st January, 1900. BE IT ENACTED by the High Commissioner of Northern Nigeria as follows:— 1. This Proclamation may be cited as the "Official Oaths Short title. Proclamation, 1900." 2. The Oath in this Proclamation referred to as the Oath of Oath of Allegiance shall be in the form of the following, that is to say : "I, A B, do swear that I will be faithful and bear true. allegiance to Her Majesty Queen Victoria, her heirs and successors according to law, so help me God." Allegiance. 3. The Oath in this Proclamation referred to as the "Official Official Oath. Oath" shall be in form of the following, that is to say : "I, A B, do swear that I will well and truly serve Her Majesty Queen Victoria in the Office of so help me God." 4. The Oath in this Proclamation referred to as the "Judicial Judicial Oath. Oath" shall be in the form of the following, that is to say "I, CD, do swear that I will well and truly serve our all manner of people after the laws and usages of 5. The Oath of Allegiance, the Official Oath, and the Judicial Oaths to be Oath shall be taken by the High Commissioner as soon as may be taken by the High Comafter his acceptance of office and shall be tendered by the Judge missioner. of the Supreme Court, or other Chief Judicial Officer of Northern Nigeria, or the Senior Officer of the West African Frontier Force. Residents and 6. The Oath of Allegiance, the Official Oath, and the Judicial Oaths to be Oath shall be taken by each Resident and Assistant Resident as taken by soon as may be after his acceptance of office, and shall be tendered Assistant by the High Commissioner, or such person as the High Com- Residents. missioner may authorise. Oaths to be taken by officers in first part of Schedule. Oaths to be taken by other officers. The name of 7. The Oath of Allegiance and the Official Oath shall be tendered to, and taken by all the officers named or included in the first part of the Schedule annexed hereto as soon as may be after their acceptance of office, and in the manner in that behalf mentioned in the first part of that Schedule. 8. The Oath of Allegiance and Judicial Oath shall be tendered to, and taken by each of the officers mentioned in the second part of the said Schedule, as soon as may be after his acceptance of office, and in the manner in that behalf mentioned in the second part of the said Schedule. 9. Where in any oath in this Proclamation the name of Her the Sovereign Present Majesty is expressed, the name of the Sovereign of the United Kingdom for the time being shall be substituted from time to time. to be used. Affirmation in lieu of oath. Penalty on not taking required oath. 10. When an oath is required to be taken under this Proclamation, every person for the time being by law permitted to make a solemn affirmation or declaration instead of taking an oath may, instead of taking such oath, make a solemn affirmation in the form of the oath hereby appointed, substituting the words "solemnly, sincerely and truly declare and affirm" for the word "swear and omitting the words "so help me God." 11. If any person declines or neglects, where any oath or solemn affirmation required to be taken by him under this Proclamation is duly tendered, to take such oath or make such affirmation, he shall if he has already entered on his office vacate the same, and if he has not entered on his office, be disqualified from entering the same. But no person shall be required in respect of the same appointment to the same office to take such oath, or make such affirmation, more than once. Before High Com missioner or before any such person as the High Commissioner may appoint. SCHEDULE. PART I. Secretary to the Administration. Attorney General. Treasurer. Director of Public Works. Principal Medical Officer. Assistant Secretary. Assistant Surgeons. and such other Executive Officers as shall from time to time be designated by the High Commissioner. PART II. Before the High Commissioner or before such person as the High Commissioner may appoint. Chief Justice. Puisne Judges. Justices of the Peace. Cantonment Magistrates. LANDS. PROCLAMATION No. 8 OF 1900.* A PROCLAMATION respecting Lands within Northern Nigeria. [1st January, 1900. BE IT ENACTED by the High Commissioner of Northern Nigeria as follows:— 1. This Proclamation may be cited as tion, 1900." 66 The Lands Proclama- Short title. 2. From and after the passing of this Proclamation, no person other than a native shall, either directly or indirectly, acquire any interest in or right over land within Northern Nigeria from a native without the consent in writing of the High Commissioner first had and obtained. 3. Such consent shall state the nature of the interest or right acquired and such other particulars relating thereto as the High Commissioner may from time to time deem necessary. No non-native to acquire land without consent in writing of High Commissioner. Consent to state nature of interest acquired. 4. Any such interest in or right over land acquired without Interests such consent as aforesaid shall be void. Public Lands. acquired without consent void. 5. The High Commissioner may by writing under his hand High Comand the Seal of the Protectorate declare to be public lands :— missioner may declare lands. (1.) All lands not in the actual occupation of persons or of the certain lands tenants agents or servants of persons having an original to be public or derivative title to such lands under any Proclamation enacted for the Protectorate or under any law or custom prevailing in that part of the Protectorate where such lands are situated : (2.) Lands being the property of any conquered or deposed ruler. 6. Such written declaration may be registered under the Land Written Registry Proclamation, 1901, and in the same manner as a probate or any judgment of a Court relating to land. Proclamation No. 13 of 1902 is incorporated. declaration to be registered. |