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Coast Protectorate, and that such territories, together with the said Niger Coast Protectorate, should henceforth be known as the Protectorate of Southern Nigeria ;
And whereas it is necessary to provide for the peace, order, and good government of the said Protectorate of Southern Nigeria, and to appoint a High Commissioner for the same:
Now, therefore, Her Majesty, by virtue and in exercise of the powers by “The Foreign Jurisdiction Act, 1890,""* or otherwise, in Her Majesty vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:
1. This Order may be cited as "The Southern Nigeria Order in Council, 1899.
2. The limits of this Order are the territories of Africa bounded by the following line, namely, a line commencing on the coast of the Gulf of Guinea, at the mouth of the Rio del Rey Creek, the right bank of which it follows to the head of the creek, that is, to the northwest end of the island lying to the west of Oron, where the two waterways, named Urüfine and Ikankan on the German Admiralty Chart of 1889–90, meet. From this point the line strikes direct to the lelt river-bank of the Old Calabar or Cross River, and terminates, after crossing that river, at the point marked "Rapids" on the English Admiralty Chart. From this point it follows a straight line directed towards the centre of the town of Yola, as it existed in 1893, and, on reaching a point on that line near Ashaku, runs west to Idda on the Niger, leaving Takum to the north. From Idda, which is included in Southern Nigeria, the line runs west to Owo, leaving to the south the Benin territories, then south-west to Akure, which is in the Lagos Protectorate, and then southward past Ikaha, which, with its dependencies, belongs to Southern Nigeria, leaving on the west the Idanre territories and farms, and on the east the Ado or Benin territories and farms. From Ikaha the line runs south along an unnamed creek past Ikotobo and Ajatito until it joins the Lagos Creek at Arogbo. It then follows the Lagos Creek as far as its junction with the Addabrassa Creek, from which point it proceeds in a south-westerly direction to Ogbo on the coast, leaving to the west any territory subject to the King of Mabin.
The territories so bounded shall be known as Southern Nigeria.
3. In this Order, unless the subject or context otherwise requires
“Her Majesty” includes Her Majesty's heirs and successors.
“Secretary of State" means one of ller Majesty's Principal Secretaries of State.
"Treaty” includes any existing or future Treaty, Convention, Agreement, or Arrangement, made by or on behalf of Iler Majesty
• Vol. LXXXII, page 656.
with any civilized Power, or with any native tribe, people, Chief, or King, and any Regulation appended to any such Treaty, Convention, Agreement, or Arrangernent.
“Gazette" means any official Gazette published by authority of the High Commissioner, and, until such Gazette is instituted, means the “ London Gazette.”
4. Her Majesty may appoint a High Commissioner for Southern Nigeria, and such High Commissioner may, on Her Majesty's behalf, exercise all powers and jurisdiction which Her Majesty, at any time before or after the date of this Order, had or may have within Southern Nigeria, and to that end may take or cause to be taken all such measures, and may do or cause to be done all such matters and things therein as are lawful, and as in the interest of Her Majesty's service he may think expedient, subject to such instructions as he may from time to time receive from Her Majesty or through a Secretary of State.
5. Subject to the approval of a Secretary of State, the High Commissioner may appoint so many fit persons as, in the interest of Her Majesty's service, he may think necessary to be Deputy-Commissioners, Residents, Assistant Residents, Judges, Magistrates, or other officers, and may define from time to time the districts within which such officers shall respectively discharge their functions.
Every such officer may exercise such powers and authorities as the High Commissioner may, with the like approval, assigo to him, subject nevertheless to such directions and instructions as the High Commissioner may from time to time think fit to give him. The appointment of such officers shall not abridge, alter, or affect the right of the High Commissioner to execute and discharge all the powers and authorities bereby conferred upon bim.
The High Commissioner may, subject to confirmation by a Secretary of State, remove any officer so appointed.
6. In the exercise of the powers and authorities hereby conferred upon him, the High Commissioner may, amongst other things, from time to time by Proclamation provide for the administration of justice, the raising of revenue, and generally for the pence, order, and good government of Southern Nigeria, and of all persons therein, including the prohibition and punishment of acts tending to disturb the public peace.
The High Commissioner in issuing such Proclamations shall respect any native laws by which the civil relations of any native Chiefs, tribes, or populations under Her Majesty's protection are now regulated, except so far as the same may be incompatible with the due exercise of Her Majesty's power and jurisdiction, or clearly injurious to the welfare of the said natives.
7. Every Proclamation of the High Commissioner shall be pub.
lished in the “ Gazette," and shall, from and after a date to be mentioned in such Proclamation, and thereafter until disallowed by Her Majesty, or repealed or modified by any subsequent Proclamation, have effect as if contained in this Order; and the High Cominissioner shall take such measures as he thinks proper for giving due publicity thereto within Southern Nigeria.
8. Her Majesty may disallow any such Proclamation, wholly or in part, and may signify such disallowance by Order in Council or through a Secretary of State, and, upon such disallowance being publicly notified in the “Gazette," the provisions so disallowed shall, from and after a date to be mentioned in such notificativu, cease to have effect, but without prejudice to anything theretofore lawfully done thereunder. Due notification shall be publicly made by the High Commissioner within Southern Nigeria of the disallowance of any such Proclamation.
9. There shall be a public seal of and for Southern Nigeria, which the High Commissioner shall keep and use for sealing all things whatsoever that shall pass the said seal: provided that, until a public seal s'all be provided, the seal of the Niger Coast Protectorate may be used as the public seal of Southern Nigeria.
10. The High Commissioner may, upon susficient cause to him appearing, suspend from the exercise of his office any person holding or exercising any office within Southern Nigeria, whether appointed by the High Commissioner or under or by virtue of any commission or warrant granted, or which may be granted, by Her Majesty in Her Majesty's name or under Her Majesty's authority, which suspension shall continue and have effect only until Her Majesty's pleasure therein shall be signified to the High Commissioner by a Secretary of State. The High Commissioner, in proceeding to any such suspension, shall observe the directions in that behalf given to him by any instructions from Her Majesty or signified through a Secretary of State.
11. The High Commissioner may, as he shall see occasion, when any crime has been committed within Southern Nigeria, or for which the offender may be tried therein, grant a pardon in Her Majesty's name to any accomplice, not being the actual perpetrator of such crime, who shall give such inforination and evidence as shall lead to the apprehension and conviction of the principal offender; and further, may grant to any offender convicted of any crime in any Court, or before any Judge, Justice, Magistrate, or other officer within Southern Nigeria, a pardon, either free or subject to lawful conditions, or any respite of the execution of the sentence of any such offender, for such period as to the High Commissioner may seem fit, and may remit any fines, penalties, or forfeitures which may become due and payable.
12. Subject to the provisions of this Order, or of any Proclamation made under this Order, all Statutes, Orders in Council, Rules, Regulations, or Treaties, together with any jurisdiction exercisable thereunder, whether exercisable by Her Majesty or by any person on her behalf, or by any Court within Southern Nigeria, or under any Commission, or under any Charter granted by Her Majesty, which at the commencement of this Order are in force within the limits of this Order, or any part of such limits, shall remain in full force; and every suit, action, complaint, matter, or thing, civil or criminal, which shall be depending in any Court within Southern Nigeria at the commencement of this Order, shall and may be proceeded with in such Court in like manner as if this Order had not been passed.
13. In the event of the death, incapacity, absence, or removal of the High Commissioner from Southern Nigeria, all and every the powers and authorities herein granted to him shall, until Her Majesty's further pleasure is signified therein, be vested in such person or persons as inay be appointed by Her Majesty; and in case there shall be no person or persons so appointed by Her Majesty, tben in the Senior Divisional Commissioner for the time being within Southern Nigeria.
14. From and after the coming into operation of this Order the provisions of the Africa Order in Council, 1889, shall cease to apply to Southern Nigeria, without prejudice to anything lawfully done thereunder.
15. This Order shall be published in the “Gazette," and shall come into operation on the 1st day of January, 1900; and the High Commissioner shall give directions for the publication of this Order at such places, and in such manner, and for such time or times as he thinks proper for giving due publicity thereto within Southern Nigeria.
16. Her Majesty may from time to time revoke, alter, add to, or amend this Order.
And the Right Honourable Joseph Chamberlain, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.
A. W. FITZROY.
BRITISH ORDER IN COUNCIL, granting power to exercise
Jurisdiction in, and fixing the Limits of, the Lagos Protectorate.* — Windsor, December 27, 1899.
At the Court at Windsor, the 27th day of December, 1899.
PRESENT : THE QUEEN'S MOST EXCELLENT MAJESTY.
WHEREAS Her Majesty hath acquired power and jurisdiction within divers countries on the West Coast of Africa, near or adjacent to Her Majesty's Colony of Lagos;
And whereas by an Order in Council bearing date the 29th day of December, 1887,8 it was provided that it should be lawful for the Legislative Council for the time being of the Colony of Lagos by Ordinance or Ordinances, to exercise and provide for giving effect to all such powers and jurisdiction as Her Majesty might, at any time before or after the passing of the said Order in Council, have acquired in the said territories adjacent to the Colony of Lagos, subject to such provisions as are in the said Order in Council described and set forth ;
And whereas it is expedient to define the limits within which the powers and jurisdiction of Her Majesty in the said territories under the provisions of the said Order in Council shall in future be exercised :
Now, therefore, Her Majesty, in pursuance of the powers by " The Foreign Jurisdiction Act, 1890,"S or otherwise, in Her Majesty vested, by and with the advice of her Privy Council, is pleased to order, and it is hereby ordered, as follows :
1. This Order may be cited as The Lagos Protectorate Order in Council, 1899."
2. Subject to the provisions of the said Order in Council of the 29th December, 1887, the Legislative Council for the time being of the Colony of Lagos may by Ordinance or Ordinances, exercise and provide for giving effect to all such powers and jurisdiction as Her
This Order did not come into operation. It was revoked and new provisions made by Order in Council of July 24, 1901, which will be given in a subsequent volume.
+ “London Gazette," January 5, 1900.