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Title and application.

Definitions.

Power to make Order declaring port.

Power to make rules.

CHAPTER LVIIA.

LIGHTS, BUOYS AND BEACONS (PROTECTORATE).

(P. No. 8-1906.)

1. This Ordinance may be cited as "The Lights, Buoys and Beacons (Protectorate) Ordinance," and applies only to the Protectorate.

2. In this Ordinance, unless the context otherwise requires,—
"Ship" shall include every description of vessel exceeding
100 tons burthen used in navigation and coming by sea
into Protectorate ports.

"Port" shall mean the places named in Schedule I. of this Ordinance and such other places as may be so declared by Order made under Section 3 of this Ordinance.

3. It shall be lawful for the Governor in Council by Order to declare any place to be a port within the meaning of this Ordinance. The places named in Schedule I. to this Ordinance shall be ports from the date hereof.

4. It shall be lawful for the Governor in Council from time to time to do any of the following things, that is to say:

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(a) Increase or reduce all or any of the dues for the time being payable under or by virtue of this Ordinance;

(b) Exempt any ships or classes of ships, either wholly or partially, from the payment of such dues, and annex conditions to any such exemption;

Until further or other provision be made hereunder the exemptions contained in Schedule III. hereto shall be and remain in force.

(c) Appoint or alter the times, places and modes at and in which such dues shall be payable;

(d) Generally, make rules, not inconsistent with this Ordinance, for giving further or better effect to the provisions thereof

and to attach a penalty which may extend to five pounds to the breach of any rule hereunder made.

5. For every ship which shall enter any port in the Protectorate Dues to be there shall be paid to the Customs Officer at such port by the paid. master or other person in charge of such ship the sums set out in Schedule II. to this Ordinance, for dues, in respect of buoys subject to the proviso therein contained, and subject also to any rule made under Section 4 of this Ordinance.

6. The following persons and each of them shall be liable for By whom to be paid. the payment of dues payable under and by virtue of this Ordinance, that is to say, the owner and the master of the ship in respect of which the same shall be payable, and every such consignee or agent of such ship as shall have paid or made himself liable to pay any other charge on account of such ship in her port of arrival or discharge.

Every consignee and agent, not being the owner or master, hereby made liable for the payment of dues in respect of any ship, may, out of any moneys in his hands received on account of such ship, or belonging to her owner, retain the amount of all dues payable under or by virtue of this Ordinance which shall have been properly paid by him in respect of such ship, together with any reasonable expenses that he may have incurred by reason of such payment or liability.

7. A receipt for dues payable under this Ordinance shall be Receipt for given by the officer collecting the same to every person paying the dues. The receipt shall sufficiently designate the ship for which the dues are paid and shall be accurately dated and signed by the officer giving the same.

same.

withheld if

8. The Customs Officer at any port where dues under this Clearance Ordinance are or may be payable in respect of any ship shall shall be require the production of the receipt for such dues and shall with- dues not paid. hold the clearance for any such ship until the receipt is produced to him or the dues are paid.

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SCHEDULE II.

Buoyage dues to be paid by ships calling at one or more Southern Nigeria Ports.

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SCHEDULE III.

1 10 0

Under 500.

£ s. d. 200

1 10 0

1 10 0

Provided that a ship on which dues have been paid at one port shall not, for a period of two months from the date of her clearing that port, be liable to any dues other than the additional dues leviable for calling at a second or third port, and provided further that no additional dues shall be payable for calling at any number of ports in excess of three within the aforesaid period of two months.

Exemptions.

(a) From the payment of dues leviable in respect of buoys under Schedule II. of the Ordinance :

―――――

All ships belonging to Messrs. Elder, Dempster & Co., for such period of time as the Agreement dated the 6th day of April, 1905, between the Crown Agents on behalf of the Government of this Protectorate and Sir Alfred Lewis Jones, K.C.M.G., and William John Davey, with regard to the maintenance and upkeep of the Buoys in the Protectorate waters shall remain in force.

(b) From all dues under Section 5 of the Ordinance :

(1) All ships of war and auxiliary ships belonging to and not merely chartered by or on behalf of His Majesty or any foreign Government.

(2) All steamers having their headquarters at Lagos or at any port in the Protectorate and trading only between Lagos and Protectorate ports, while continuing so to trade within the aforesaid limits. Provided that any steamer so exempted clearing for any port or place outside of the territorial waters of the Protectorate or of the Colony shall for the time being cease to be exempted and the said dues shall become and continue payable from the date of such clearance until the steamer shall have resumed trading with Lagos or a Protectorate port as its headquarters when the exemptions conferred hereby shall forthwith attach again to the steamer and be of full force and effect.

Short title.

CHAPTER LVIII.

NIGER NAVIGATION.

(P. No. 15-1900.)

WHEREAS Chapter 5 of "The General Act of Berlin, 1885," otherwise known as "The Niger Navigation Act," declares the navigation of the waterways of the basin of the Niger to be free for the merchant ships of all nations equally, whether with cargo or ballast, for the transportation of goods and passengers, and that any rules which may be established by the Riverain Powers for the safety and control of navigation shall be drawn up in a way to facilitate as far as possible the circulation of merchant ships, and further provides that the Riverain Powers may make any rules of navigation whatever which shall not be contrary to the spirit of their respective engagements under "The Niger Navigation Act";

And whereas "The General Act of Brussels, 1890," imposes conditions and restrictions on the importation and transit of firearms and ammunition into African Territories comprised between the 20th parallel of north latitude and the 22nd parallel of south latitude, and provides that the Government shall take all measures that they may deem necessary to ensure as complete a fulfilment as possible of the provisions respecting the importation, the sale, and the transport of fire-arms and ammunition, as well as to prevent either the entry or exit thereof by their inland frontiers and their conveyance to regions where the slave trade exists;

And whereas in that portion of the basin of the Niger included in the Protectorate of Southern Nigeria, the Government of the Colony and Protectorate is the Riverain Government;

And whereas it is expedient for greater security to declare that the provisions of the said "Niger Navigation Act" apply to such part of the Protectorate as may be included in the provisions thereof;

And whereas it is now desirable to lay down rules under which navigation shall be conducted on the waterways:

1. This Ordinance may be cited as "The Niger Navigation Ordinance."

"Niger Navi- 2. The provisions of Chapter 5 of " General Act of Berlin, 1885," gation Act" otherwise known as "The Niger Navigation Act," shall apply to to apply to Protectorate.

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