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Interpretation.

5. No uniforms within the meaning of the second section of this Ordinance shall be landed within, or imported into, the Colony or Protectorate.

If any person acts in contravention of this section, he shall be guilty of an offence, and upon conviction thereof shall be liable to a penalty not exceeding twenty pounds, and any uniforms landed contrary to the provisions of this section shall be forfeited to the Government.

Provided always that nothing in this section contained shall prevent any Department or officer of the Government importing uniforms for the use of the Troops, or Constabulary, or Police or other public force or service.

6. In this Ordinance :

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The expression "His Majesty's Military Forces" includes the regular forces, the reserve forces, the militia forces, the volunteer forces, and the West African Frontier Force.

The expression "His Majesty's Naval Forces" includes the Navy, the Royal Naval Reserve, the Naval Coast Volunteers, and the Naval Volunteers.

CHAPTER XXXVII.

FOREIGN RECRUITING.

(No. 16-1884.)

1. In this Ordinance "Colony " includes Protectorate.

"Foreign State" includes any person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province or people, beyond the limits of the Colony, and also any person or persons, association or associations, established or having agencies in any uncivilised country where, by custom, convention, or in any other manner he, they or it are not subject to the ordinary laws and customs of such country to which the natives thereof are subject.

Interpretation clause.

permit

2. If any person is, within the limits of the Colony, obtaining Power to or attempting to obtain recruits for the service of any Foreign prohibit or State, or for the service of any person or persons residing in any recruiting. Foreign State, in any capacity, the Governor in Council may, by order in writing, signed by the Colonial Secretary, either prohibit such person from so doing, or permit him to do so subject to any conditions which the Governor in Council thinks fit to impose. (Amended by 5 of 1900, s. 1.)

3.-(1) The Governor in Council may, from time to time, by Power to General Order notified in the Gazette, either prohibit such recruiting impose or impose upon such recruiting any conditions which he thinks fit. (Amended by 5 of 1900, s. 1.)

conditions.

(2) Until any further or other order be made the order of the 15th day of January, 1903, set forth in the Schedule hereto shall be and remain in force.

4. The Governor in Council may rescind or vary any order Power to made under this Ordinance in such manner as he thinks fit.

rescind or vary orders.

5. Whoever, in violation of the prohibition of the Governor in Offences. Council, or of any condition, subject to which permission to recruit may have been accorded—

(a) Induces, or attempts to induce, any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or for the service of any person or persons residing in any Foreign State, or

Place of trial.

Short title.

Foreign recruiting prohibited without

permission of

Governor in
Council.

(b) Knowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever,

shall be liable to imprisonment for a term which may extend to seven years, or to fine to such amount as the Court thinks fit, or to both. (Amended by 5 of 1900, s. 1.)

6. Any offence against this Ordinance may be enquired into and tried, as well in any place within the jurisdiction of the Supreme Court of the Colony in which the person accused may be found, as in any place in which it might be enquired into and tried under the provisions of the Criminal Procedure Ordinance.

7. This Ordinance may be cited as "The Foreign Recruiting Ordinance."

THE SCHEDULE.

ORDER OF 15TH JANUARY, 1903.

Whereas by an Ordinance intituled the "Foreign Recruiting Ordinance, 1884," it is, inter alia, enacted that the Governor in Council may from time to time by General Order notified in the Gazette, either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any condition which he may think fit, and may rescind or vary any order made under the said Ordinance in such manner as he thinks fit;

Now, therefore, the Governor, in pursuance of the said Ordinance and in exercise of the power in that behalf in the said Ordinance contained, doth, by and with the advice of the Executive Council, hereby prohibit recruiting for the service of any Foreign State, or for the service of any person or persons residing in any Foreign State, without or contrary to the permission of the Governor in Council.

PART VI.

Customs, Trade and Commerce.

CHAPTER XXXVIII.

CUSTOMS (REGULATION).

PRELIMINARY.

1. This Ordinance may be cited as "The Customs Ordinance." Title.

2. This Ordinance shall extend and apply to the Colony and Application of Protectorate and to the Colonial and Protectorate waters. Ordinance.

3. For the purposes of this Ordinance the following terms shall, Interpretaunless a contrary intention appears, have the following meanings, tion. that is to say:

"The Jurisdiction " means the local limits to which this Ordinance extends, as defined in the last preceding section; "Beyond the seas" includes the case of any place situated

without the Colony or Protectorate to or from which a traffic from or to any place within the Colony or Protectorate is capable of being carried on directly by sea; "Port" includes sub-port;

"Outdoor Officer" includes any officer duly authorised to superintend the landing and examination of goods on their importation or exportation;

"King's Warehouse" means any place provided by the Governor for lodging goods therein for security thereof, and of the duties due thereon;

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"Warehouse" means any place in which goods entered to be warehoused may be lodged, kept and secured;

"Warehouse-keeper" means the keeper, owner, or occupier of any warehouse other than a King's warehouse;

Ship" includes every description of vessel used in navigation; "Master" includes any person having or taking charge or

command of a ship;

"Importer" includes any owner of, or other person for the time being possessed of or beneficially interested in as agent for the importer or otherwise, any goods imported within the jurisdiction at and from the time of importation thereof until the same, on payment of the duties payable thereon or otherwise, are duly delivered or discharged from the custody or control of the Customs;

"Chief Customs Officer" means the officer in charge of the entire Customs Department of the Colony and Protectorate or any officer lawfully deputed, appointed or authorised to do the duty of that office;

"Provincial Collector" means the senior officer of Customs other
than the Chief Customs Officer having authority at any
port, place or Province in the Colony or Protectorate;
"Court" means the Supreme Court of the Colony;
"Constable means any member of the Southern Nigeria

""

Police;

"Person" includes a Corporation and any other body of persons recognised by law;

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"Permit means a written licence.

All the expressions and provisions of this Ordinance, or of any law relating to the Customs, shall receive such fair and liberal construction and interpretation as will best insure the protection of the Revenue and the attainment of the purpose for which this Ordinance or any such law was made, according to its true intent, meaning and spirit.

Where this Ordinance confers any power, or imposes any duty, then, unless a contrary intention appears, the power may be exercised, and the duty shall be performed from time to time as occasion requires.

PART I.-APPOINTMENT OF OFFICERS, PORTS,
WAREHOUSES, &c.

As to the Powers and Duties of Officers of Customs.

Persons employed on service of the

4. Every person employed on any duty or service relating to the Customs, trade, or navigation, by the orders or with the Customs to be approval of the Governor (whether previously or subsequently

deemed officers for such service.

expressed), shall be deemed to be the proper officer of Customs for that duty or service; and every act required by law to be done by or with any particular officer nominated for such purpose, if done by or with any person appointed by the Governor to act for such particular officer, shall be deemed to be done by or with such particular officer; and every act required by law to be done at any particular place, if done at any place appointed by the Governor for such purpose, shall be deemed to be done at the particular place so required by law. (10 of 1876, s. 5.)

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