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British Protectorates Neutrality (Amendment) Order.


List of Protectorates to which this Order applies :

Northern Nigeria.
Southern Nigeria.

Sierra Leone Protectorate.
Gambia Protectorate.
Lagos Protectorate.

Northern Territories of the

Gold Coast.

Bechuanaland Protectorate.
Southern Rhodesia.


North-Eastern Rhodesia.

British Central Africa.

British East Africa.


British North Borneo.




Any protected island or territory for the time being within the limits, of the Pacific Order in Council, 1893.

2. This Order may be cited as the British Protectorates Neutrality (Amendment) Order in Council 1904.


Short title.

Original copies.

Authentication of original copies.

Deposit of original copies.







A PROCLAMATION providing for the Authentication and Recording of Proclamations and for the embodying in one Proclamation of the Rules of Interpretation applicable to certain terms and provisions usually adopted in Proclamations.

[1st January, 1900.

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

1. This Proclamation may be cited as the "Authentication and Interpretation Proclamation, 1900."

2. Every Proclamation made by the High Commissioner for Northern Nigeria shall immediately after it is made be set up in fair and legible type by the Government Printer, and an impression in triplicate from the type so set up on vellum or on paper of an enduring quality shall be struck off by him to be dealt with as hereinafter provided.

3. The said printed impressions shall be examined with the Manuscript copy of such Proclamation by the Secretary to the Administration, and on being found by him to be true and correct, the said printed copies shall be authenticated by him as such, and sealed with the Public Seal of the Protectorate, and such authentication shall be attested by his signature.

4. The said printed copies shall then be signed by the High Commissioner, and of such copies one shall be deposited in the High Commissioner's office and one in the Supreme Court, and one shall be transmitted to the Secretary of State.

* Proclamation No. 10 of 1904 incorporated.

5. The copies of every Proclamation promulgated in the first Copies of instance shall be impressions from the same form as the aforesaid Proclamation promulgated deposited copies. in first instance. Publication in Gazette.

6. Every Proclamation shall be published in the Gazette.


7. Upon the notification of Her Majesty's non-disallowance Endorsement or disallowance of any Proclamation being received in the Protec- of nontorate, the Secretary to the Administration shall in his own handwriting endorse upon the copy of the Proclamation deposited disallowance. in the High Commissioner's office a note of the fact of such nondisallowance, together with a reference to the Secretary of State's despatch notifying the same, and shall subscribe the said notes and shall transmit a copy of such endorsement to the Chief Judicial Officer of the Protectorate for endorsement upon the copy of the Proclamation deposited in the Supreme Court, and notice of such non-disallowance or disallowance shall be published in the Gazette, and such publication shall be primâ facie evidence of such nondisallowance or disallowance.

8. Every Proclamation shall take effect from the date of its publication in the Gazette unless it be otherwise stated in such Proclamation.

9. All Proclamations shall be divided into sections, if there be more enactments than one, which sections shall be deemed to be substantive enactments without any introductory words.

10. Where any Proclamation repealing in whole or in part any former Proclamation is itself repealed, such last repeal shall not revive the Proclamation or provisions before repealed, unless words be added reviving such Proclamation or provisions.


Proclamation to take effect

from date of publication.

Proclamations to be

divided into sections without any introductory words.

Repealed Proclamations not revived by

repeal of repealing Proclamation.

11. Whenever any Proclamation shall be made repealing in Repealed whole or in part any former Proclamation and substituting some provisions of provision or provisions instead of the provision or provisions repealed, such provision or provisions so repealed shall remain in force until the substituted provision or provisions shall come into operation by force of the last made Proclamation.

mation to

remain in force till the

substituted provisions


12. Every Proclamation made after the commencement of Proclamations this Proclamation shall be deemed and taken to be a Public to be deemed Proclamation and shall be judicially taken notice of as such, Proclamations public unless the contrary be expressly provided and declared by such and judicially Proclamation.


notice of.

13. Every Proclamation hereafter coming into force shall, All Proclamasubject to any express limitation or extension contained in it, apply tions to apply to the Protectorate as herein defined.

to the Protectorate.

General provisions with respect to power given to any authority to make rules.

Crown not to be bound unless named.

Computation of time.

Number and gender.

Official designation to include officer

executing duties.

Interpretation of terms.

14. (1.) Where a Proclamation made after the commencement of this Proclamation confers power on any authority to make rules, the following provisions shall, unless the contrary intention appears, have effect with reference to the making and operation of such rules:

(a.) Any rule may be at any time amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made;

(b.) There may be annexed to the breach of any rule such penalty not exceeding five pounds as the rulemaking authority may think fit;

(c.) No rule shall be inconsistent with the provisions of any Proclamation;

(d.) All rules shall be published in the Gazette and shall have the force of law;

(e.) The production of a copy of the Gazette, or of any copy of any rule purporting to be printed by the Government Printer, shall be prima facie evidence, in all courts and for all other purposes whatsoever, of the due making and tenor of such rule.

(2.) In this section, the expression "rules" includes rules, regulations and bye-laws.

15. No Proclamation shall in any manner whatsoever affect the rights of the Crown unless it is therein expressly stated, or unless it appears by necessary implication that the Crown is bound thereby.

16. Unless the contrary shall be expressly provided, or shall be implied from the context, in all cases in which any particular number of days shall be prescribed or mentioned in any Proclamation, Government Order or Notice, or Rule of Court, for the doing of any act, or for any other purpose, the same shall be reckoned exclusive of the first and inclusive of the last day.

17. Unless the contrary shall be expressly provided, or shall be implied from the context, words importing the masculine gender shall be understood to include the feminine, and bodies corporate and words importing the singular number shall include the plural and vice versâ.

18. When reference is made in any Proclamation, Government Order or Notice, or Rule of Court to any public Officer by the term designating his office, such term shall include the officer for the time being executing the duties of such office or any portion of such duties.

19. In all Proclamations, Government Orders or Notices, and Rules of Court, the following terms shall be held to have the meaning as herein defined unless otherwise specially stated in any Proclamation, Government Order or Notice, or Rule of Court.

"Her Majesty" or "the Queen" shall include Her Majesty the Queen, her heirs and successors.

"A Secretary of State" means one of Her Majesty's Principal Secretaries of State.

"The Secretary of State" means Her Majesty's Principal Secretary of State for the Colonial Department.

"The High Commissioner" means the High Commissioner for the Protectorate of Northern Nigeria, and includes the officer for the time being administering the Government of the Protectorate.

"The Protectorate" means the Protectorate of Northern Nigeria as defined and delimited in the Northern Nigeria Order in Council, 1900, and by subsequent delimitations of frontier.

"Resident in the Protectorate" includes all persons travelling in or for the time being present in the Protectorate. "Proclamation" includes any Rule, Regulation or Bye-law made under the authority of any Proclamation.

The Gazette" means the publication in which official announcements by the High Commissioner are usually made.

"Government Notice" means any announcement not of a legislative character made by the High Commissioner in the Gazette.

"The Company means "The Royal Niger Company,



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"Goods" includes money, bills, bonds, notes, deeds and corporeal property of every description except lands and chattels real.

"Lands" includes land and everything attached to the earth or permanently fastened to anything which is attached to the earth and all chattels real, but shall not include minerals.

"Military Forces" includes all officers, warrant officers, noncommissioned officers and civilians, British and native, and all native rank and file belonging to and borne on the strength of the Northern Nigeria Regiment of the Protectorate.

Non-native" means any person or association entitled to claim to be subject to any power of Europe and America, or to any power recognised as a civilised State, or entitled to be personally under the protection of any such Power or State. Provided that no person shall be deemed entitled to be personally under the protection of Great Britain or any other Power or State merely by reason that he is a native or subject of a country or territory over which such Power or State has declared a Protectorate.

"Native” means any person other than a non-native.

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