(19.) Being called upon by the Cantonment Magistrate or any Not helping to Sergeant or other Superior Officer of Police to give aid put out fire. for extinguishing or staying the progress of a fire, refuses or neglects to give such aid according to his ability; is liable to a fine not exceeding 40/- or to imprisonment for a period not exceeding seven days. SUMMARY ARREST. certain offenders. 55. Any person found committing an offence punishable under Arrest of sub-sections 1-19 both inclusive of the last preceding section may be taken into custody without warrant when his name and address are unknown by the Cantonment Magistrate or by any member of the Police Force, or by any Inspector of Nuisances, or by the owner or occupier of the property on which, or with respect to which, the offence is committed, or by his servant or any person authorised by him, or may be detained until he can be delivered into the custody of the Cantonment Magistrate or to any member of the Police Force, who shall take him as soon as conveniently may be before the Cantonment Magistrate. Anybody being a male, and in the opinion of the Court under sixteen years of age, convicted of an offence punishable under the last preceding section, either in addition to, or in substitution for, any other punishment may be sentenced to be whipped. PROCEDURE. 56. Every prosecution for an offence under this Proclamation Limitation of shall be commenced within twelve months from the time when the time for matter of complaint arose. 57. Where any nuisance under this Proclamation appears to be wholly or partially caused by the acts or defaults of two or more persons, the complainant may institute proceedings against any one of such persons, or may include all or any two or more of such persons in one proceeding, and any one or more of such persons may be ordered to abate such nuisance, so far as the same appears to the Court to be caused by his or their acts or defaults which the Court finds as a matter of fact contribute to such nuisance, or may be fined or otherwise punished, notwithstanding that the acts or default of any one of such persons would not separately have caused a nuisance and the costs may be distributed as to the Court may appear fair and reasonable. prosecution. Joinder of 58. Where in any proceedings under this Proclamation an Burden of inmate of any house is summoned, or otherwise dealt with as the proof as to occupier, if he alleges that he is not the occupier the proof of such allegation shall be upon him. who is occupier. Health Officer of Constable. 59. Every Health Officer and Inspector of Nuisances while to have powers acting as such shall by virtue of his appointment, and without being sworn in, be deemed a Constable for the purpose of the execution of his duty under this Proclamation. Description of property. Power to make regulations. Application to out-stations. 60. Whenever in any criminal process or proceeding it may be necessary to refer to the ownership or description of property belonging to or under the management of the Cantonment Magistrate such property may be described as the property of the particular Cantonment. 61. In addition to the power of making regulations herein before contained, the High Commissioner may from time to time make such other regulations consistent with the provisions of this Proclamation, for further or better carrying into effect any of the purposes thereof as he may deem expedient, and may attach to the breach of any such regulations a penalty not exceeding £5 or imprisonment not exceeding fourteen days. 62. It shall be lawful for the High Commissioner to make any section or sections of this Proclamation applicable to any Government station in any Province, and enact in respect of any such station any rules and regulations, which, under section 61, may be properly enacted in respect of any Cantonment, and to attach thereto the penalties authorised in the aforesaid section. REGULATIONS UNDER PROCLAMATION No. 28 OF 1904. REGULATION 1.-CANTONMENT REGISTER. The Cantonment Magistrate shall keep a register wherein shall be entered all classification of buildings in respect of Cantonment rates; and all rents and dues collected in respect thereof or for conservancy or other purpose on behalf of the Cantonment Fund, with the date and amount paid by each resident and all other matters pertinent thereto. REGULATION 2.-BUILDING MATERIALS. No earth clay, sand or stone shall be collected from any place within, or adjacent to, a Cantonment for building or other purposes without the previous sanction of the Cantonment Magistrate. Any person contravening this regulation shall be liable to a penalty of Two pounds, or seven days' imprisonment. REGULATION 3.-PUBLIC BATHING. No public bathing shall be allowed in the Cantonment of Lokoja except on the bank of the river Niger. In the Cantonment of Zungeru no person may bathe in the Dago stream except below the point at which it leaves the Cantonment boundary. Any person contravening this Regulation shall be liable to a fine of One pound or three days' imprisonment for the first offence and of Two pounds or seven days' imprisonment for any subsequent offence. REGULATION 4.-GOVERNMENT QUARTERS. No horses or fowls or other animals may be kept under houses occupied as quarters, and officers' servants and other natives must not be allowed to sleep there. REGULATION 5.-POLLUTION OF THE DAGO STREAM AND ITS TRIBUTARIES. Any person bathing or washing clothes, or other articles, in, or throwing any refuse, dirty water or any deleterious matter whatsoever into the Dago or any of its tributaries, or polluting it or them in any other manner whatsoever in or near the Cantonment of Zungeru; or any person throwing dirty water or depositing any refuse or any deleterious or noxious matter on to the banks of the Dago or its tributaries within thirty yards of the stream within or near the said Cantonment shall be liable to a penalty not exceeding Two pounds or to imprisonment for a term not exceeding seven days. REGULATION 6.-FIRING GRASS IN CANTONMENTS. Any person setting fire to grass within half a mile of any Cantonment shall, on conviction, be liable to a penalty of Two pounds, or in default to imprisonment for seven days. REGULATION 7.-OPEN FIRES NEAR EUROPEAN DWELLINGS. Fires (in the open, namely in places unprotected by brick or mud walls) shall not be made within fifty yards of any European dwelling house under a penalty of Two pounds, or in default to imprisonment for seven days. REGULATION 8.-SANITATION OF EUROPEAN DWELLING HOUSES. With a view to the proper sanitation of European houses in Cantonments and for the better prevention of danger from fire, no hut made of, or thatched with, grass and no enclosures or screen of grass mats, or other similar substance, shall be erected within fifty yards of any European dwelling house. Any person contravening this regulation shall be liable on conviction to a penalty not exceeding Two pounds and to a further penalty of 10/- for every 24 hours during which the hut, enclosure or other erection shall remain after he has received due notice from the Cantonment Magistrate to remove it. REGULATION 9.-HEALTH OFFICERS. Under the provisions of section 7 of the Proclamation, the Senior Medical Officer at each Cantonment shall, unless the High Commissioner otherwise direct, be the Health Officer of that Cantonment. The Inspector of Nuisances shall be un ler the orders of the Cantonment Magistrate. REGULATION 10.-GRASS HUTS. are In order to prevent fires and the constant destruction of property thereby in Cantonments, every Cantonment Magistrate shall endeavour to gradually do away with all huts having grass walls, whether they be used as dwelling houses of natives, or stables or for any other purposes; such huts moreover insanitary and breed mosquitoes, rats, and other vermin. The Cantonment Magistrate is authorised to forbid the erection of any new grass huts, and to impose a reasonable period within which all persons living in grass huts must substitute therefor huts with walls of mud, brick, stone, or other permanent material. Any person who, having been duly warned, does not carry out the orders of the Cantonment Magistrate in regard to this matter, being a native shall be liable to a fine of One pound and may be refused a permit to reside in Cantonment, and, being a non-native, shall be liable to a fine of Five pounds and One pound for each day during which the huts referred to shall remain, after due and reasonable time has been given to replace them by mud huts. REGULATION 11.-CANTONMENT RENTS. In accordance with the provision of section 13 the Cantonment Magistrate is authorised to collect and to pay into the Cantonment Fund the rents due on all leases or rentals of small plots or buildings in Cantonments. Provided that such leases or rentals are in no case for a period exceeding two years, or for an amount greater than £6 per annum. The moneys accruing from all leases for a greater period, or, if exceeding £6 per annum in amount, shall be paid into the general revenue of the Protectorate. REGULATION 12. The Cantonment Magistrate may impound in a public pound all animals found straying in the Cantonments and may make a reasonable charge for their keep while so impounded, in addition to any fine which may be imposed under the Proclamation. If such animal be not claimed within a period of four days, the Cantonment Magistrate may sell it and credit the proceeds to the Cantonment Fund. Warrant. APPENDIX. EDWARD R. AND I. TO Our High Commissioner for Our Protectorate of Northern Nigeria or in his absence to Our Officer for the time being Administering the Affairs of Our said Protectorate. WITH this you will receive a Seal prepared by Our Order for the use of the Government of Our Protectorate of Northern Nigeria. Our Will and Pleasure is, and We do hereby Authorise and Direct that the said Seal be used in Sealing all Public Instruments which shall be made and passed in Our Name and for Our Service in Our said Protectorate. And We further Require and Command that you do return the Old Seal of Our Protectorate of Northern Nigeria to Us through One of Our Principal Secretaries of State, in order to its being defaced in like manner with other Seals, by Us in Our Privy Council. And for so doing this shall be your Warrant. Given at Our Court at St. James's this twenty-eighth day of March, One thousand nine hundred and three, in the third year of Our Reign. |