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such part of the Protectorate as may be included in the provisions thereof.

3. Merchant vessels passing in transit from the sea to inland ports Vessels in beyond the Protectorate shall enter and clear in transit at one of transit to inland ports. the Custom Houses established from time to time for that purpose at or near the seaboard of the Protectorate, and on clearing and proceeding inland shall obtain from the Customs authorities a transit certificate in such form as may be prescribed by the Governor from time to time.

4. Vessels returning to the sea in transit from inland places Vessels in beyond the Protectorate shall enter and clear in transit at the transit to sea. nearest Custom House established from time to time for that purpose near the inland frontier of the Protectorate.

5. Merchant vessels in transit may call for fuel, provisions, and other necessaries at the ports of entry, and wooding stations not being ports of entry, on the banks of the waterways of the Protectorate, and the purchase of such necessaries shall be held not to be a loading or discharging of cargo under section 6 of this Ordinance.

ficates.

6. The transit certificates given to such merchant vessels shall Transit certibe shown to the authorities of the Protectorate at all ports of entry or wooding stations within the Protectorate at which such vessels may call while in transit, and shall free them from all further Customs formalities so long as they do not load or discharge cargo within the Protectorate or otherwise infringe the laws of the Protectorate.

Until the publication of such lists, the Custom Houses for merchant vessels in transit shall be

7. Lists of the Custom Houses, ports of entry, and wooding Lists of Cusstations shall be published from time to time in the Gazette of tom Houses to be published Southern Nigeria and in newspapers of the neighbouring colonies in Gazette. or protectorates of every nation, or by notice to the executive authorities of those colonies or protectorates.

(a) Akassa, near the mouth of the Nun branch of the Niger; (b) Brass, on the Brass River;

(c) Forcados station, in the Forcados Estuary.

*And the ports of entry and wooding stations shall be

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Vessels in transit may call for fuel,

&c.

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Merchandise in transit to be sealed.

Rules as to waterways.

Arms and ammunition to be declared.

8. Any portion of the merchandise on any merchant ship which is entered and cleared for the Protectorate may be declared in transit to places beyond the Protectorate, provided such merchandise is so stowed as to be duly sealed by the Customs Officers of the Protectorate, and provided an undertaking is given by the person in charge of such merchant vessel that he will call at the proper Custom House before leaving the Protectorate to have the seals removed, but the Customs Officials at the places where such merchant vessel shall be entered and cleared may require that a Customs Officer be carried on board and maintained in a proper manner until the arrival of such merchant vessel at the Custom House where the seals have to be removed.

9. Merchant vessels, whether in transit or otherwise, shall conform to the rules which shall from time to time be made as to anchoring in a fairway and other matters necessary for the facilitating of the safe passage of vessels on the waterways of the Protectorate, and such rules shall be published in the same manner as the lists referred to above, and all such rules shall apply equally to the merchant vessels of Great Britain and of all other nationalities.

10. The person in charge of every merchant vessel in transit shall, on entering and clearing in transit, make a declaration at the Custom House of all arms or ammunition on board, and no such arms or ammunition shall be landed or discharged within the Protectorate without the written permission of the Government of the Protectorate. Any infringement of this provision shall be taken as an attempt to import such arms or ammunition illicitly into the Protectorate, and shall make such merchant vessel and its cargo and the person in charge and any persons aiding or abetting liable to penalties prescribed for such a breach of the laws of the Protectorate.

Applications for the permission above referred to shall be made in writing to a District Commissioner.

CHAPTER LIX.

WRECKS AND SALVAGE.

Preliminary.

66 be cited as may

1. This Ordinance The Wrecks and Salvage Short title and Ordinance," and shall extend and apply to the Colony and Pro- application. tectorate and the territorial waters thereof.

2. In this Ordinance, unless the context otherwise requires :

66

Colony" includes Protectorate.

"Court" means a Divisional Court of the Supreme Court. "District" means a district under the Supreme Court Ordinance. "Master" includes every person (except a pilot) having command or charge of any ship.

"Salvage" includes all expenses properly incurred by the salvor in the performance of the salvage services.

"Seaman" includes every person (except masters, pilots and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship.

"Ship" includes every description of vessel used in navigation not propelled by oars or paddles.

"Vessel" includes any ship or boat, or any other description of vessel used in navigation.

"Wreck" includes jetsam, flotsam, lagan and derelict found in or on the shores of the sea or any tidal water.

3. This Ordinance shall not apply to ships belonging to His Exception. Majesty.

Shipping Casualties.

4. For the purpose of inquiries and investigations under this Shipping Ordinance a shipping casualty shall be deemed to occur :

casualty
defined.

(1) When on or near the coast of the Colony any ship is lost, abandoned, or materially damaged;

(2) When on or near the coast of the Colony any ship has been stranded or damaged, and any witness is found in the Colony;

Interpreta

tion of terms.

(3) When on or near the coast of the Colony any ship causes loss or material damage to any other ship;

(4) When any loss of life ensues by reason of any casualty happening to or on board any ship on or near the coast of the Colony;

Powers of

officer at inquiry.

(5) When in any place any such loss, abandonment, material damage or casualty as above mentioned occurs, and any witness is found in the Colony;

(6) When in any place any British ship is stranded or damaged, and any witness is found in the Colony;

(7) When any British ship is lost or is supposed to have been lost, and any evidence is obtainable in the Colony as to the circumstances under which she proceeded to sea or was last heard of.

Preliminary Inquiries into Shipping Casualties.

Preliminary

5.-(1) Where a shipping casualty has occurred a preliminary inquiry into inquiry may be held respecting the casualty by the following persons, namely:

shipping casualty.

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(a) Where the shipping casualty occurs on or near the coast of the Colony, by the principal officer of Customs not being below the rank of Supervisor stationed at or near the place at which the casualty occurs; or

(b) Where the shipping casualty occurs elsewhere, by such principal officer of Customs stationed at or near any place at which the witnesses with respect to the casualty arrive, or are found, or can be conveniently examined; or (c) In any case by any person appointed for the purpose by

the Governor.

(2) Every such officer or person shall as soon as practicable forward a report of his inquiry to the Governor.

6. Every such officer or person as aforesaid shall have the following powers, that is to say :—

(a) He may go on board any ship and inspect the same or any part thereof, or any of the machinery, boats, equipments or articles on board thereof, not unnecessarily detaining or delaying her from proceeding on any voyage; (b) He may enter and inspect any premises the entry or inspection of which appears to be requisite for the purpose of the inquiry;

(c) He may by summons under his hand require the attendance of all such persons as he thinks fit to call before him and examine for the purpose of the inquiry, and may require answers or returns to any inquiries he thinks fit to make;

(d) He may require and enforce the production of all books, papers or documents which he considers important for the purpose of the inquiry; and

(e) He may administer oaths or may in lieu of requiring or administering an oath require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination.

And every witness so summoned as aforesaid shall be allowed such expenses as would be allowed to any witness attending on subpoena to give evidence before the Supreme Court, and in case of any dispute as to the amount of such expenses the same shall be referred to one of the judges of the Supreme Court who shall, on a request made to him for that purpose under the hand of such officer or person as aforesaid, ascertain and certify the proper amount of such expenses; and every person who, without sufficient cause, refuses to attend as a witness before any such officer or person as aforesaid after having been required so to do in the manner hereby directed, or who, without sufficient cause, refuses or neglects to make any answer, or to give any return, or to produce any document in his possession, or to make or subscribe any declaration which any such officer or person as aforesaid is hereby empowered to require, shall for each such offence incur a penalty not exceeding ten pounds.

7. Any person who wilfully impedes any such officer or person Obstructing as aforesaid in the execution of his duty, whether on board any officer at ship or elsewhere, shall incur a penalty not exceeding ten pounds, inquiry. and may be seized and detained by such officer or other person or by any person whom that officer or person may call to his assistance until such offender can be conveniently taken before a District Commissioner.

Formal Investigation into Shipping Casualties-Incompetency or
Misconduct.

8. If, after a preliminary inquiry into a shipping casualty or Formal without such preliminary inquiry, it appears to the Governor that investigation a formal investigation should be held, he shall issue an order in into shipping casualty. writing to the Court to hold such formal investigation, and the Court shall thereupon hold the formal investigation.

statement of

9.-(1) Where a formal investigation into a shipping casualty Transmission has been ordered after a preliminary inquiry, the Governor shall of report or transmit to the Court the report of the officer or person by whom the preliminary inquiry has been held, and such report shall be the report upon which the formal investigation has been ordered.

case.

(2) Where no preliminary inquiry has been held the Governor shall transmit to the Court a statement of the case upon which the formal investigation has been ordered.

10. It shall be lawful for the Court on such order of the Authority for Governor in writing as aforesaid to make formal investigation into Court to make inquiries into shipping casualties or into charges of incompetency or misconduct casualties and

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