2nd day of April, 1900.

Aro.

Whereas by the Prisons Ordinance, 1876, it is amongst other Declaration things enacted, that the Governor-in-Council may, by order pub- of prison at lished in the Gazette, declare any buildings within the limits in the said Ordinance stated, to be a prison under the said Ordinance, and by the same or any subsequent order, declare the province, district or place for which any such building shall be used for the purposes of a prison, and that every prison shall include any lock-up house or place of security which may be sanctioned, by order as aforesaid, for the temporary detention or custody of prisoners newly apprehended or under remand, or awaiting trial, and be in such order declared to form a part of such prison.

Now, the Governor, by and with the advice of the Executive Council and by virtue of the authority committed to him by the said recited Ordinance, doth order and it is hereby ordered, that the following premises at the district hereinafter mentioned shall be a prison under the said Ordinance, viz. :

All that building or tenement situate at Aro in the Egba District of the Colony of Lagos and known as the Prison Cells (with the courtyard and all the out-buildings within the curtilage of the same).

And it is also ordered, that the said premises may at all times be used as a place of temporary detention or custody of prisoners in transit in any direction to or from other districts.

4th day of July, 1900.

Whereas by the Prisons Ordinance, 1876, it is amongst other Declaration things enacted, that. the Governor-in-Council may, by order pub- of prison at Epe. lished in the Gazette, declare any buildings within the limits in the said Ordinance stated, to be a prison under the said Ordinance, and by the same or any subsequent Order declare the province district or place for which any such building shall be used for the purposes of a prison, and that every prison shall include any lock-up house or place of security which may be sanctioned by order as aforesaid, for the temporary detention or custody of prisoners newly apprehended or under remand, or awaiting trial, and be in such order declared to form part of such prison.

Now, the Governor, by and with the advice of the Executive Council and by virtue of the authority committed to him by the said recited Ordinance, doth order and it is hereby ordered, that the following premises at the district hereinafter mentioned shall be a prison under the said Ordinance, viz. :—

All that building or tenement situate at Epe in the Eastern District of the Colony of Lagos and known as the Epe Prison, and it is also ordered that the said premises may at all times be used as a place of temporary detention or custody of prisoners in transit in any direction to or from other districts.

Short Title.

Application of
Ordinance.

Signification

of certain terms.

No. 10.-1876.

AN ORDINANCE to make Provision for the Management and Regulation of Customs and Trade.

[10th October, 1876.

Whereas it is expedient to make provision for the Management and Regulation of Customs and Trade in the Colony of Lagos and the Territories near or adjacent thereto wherein Her Majesty has powers and jurisdiction:

Be it therefore Enacted by the Governor of the Colony of Lagos, by and with the advice and consent of the Legislative Council thereof, as follows:

PRELIMINARY.

1. This Ordinance may be cited as the Customs Ordinance, 1876.

2. This Ordinance shall extend to the Colony, and to the Territories near or adjacent thereto wherein Her Majesty may at any time before or after the commencement of this Ordinance have acquired powers and jurisdiction, and to the Colonial waters. (10 of 1876, s. 3.)

3. For the purposes of this Ordinance, the following terms shall be understood as hereinafter defined, unless there is something in the subject or context repugnant to such definition; that is to say:

"The Jurisdiction" shall mean the local limits to which this

Ordinance extends, as defined in the last preceding section; "Beyond the seas" shall include the case of any place situated without the limits to which this Ordinance extends to or from which a traffic from or to any place within the said limits is capable of being carried on directly by sea;

"Port" includes sub-port;

"Collector of Customs" shall include every officer appointed by the Governor by that designation;

"Out-door officer" shall include any officer duly authorised to superintend the landing and examination of goods on their importation;

"Queen's Warehouse" shall mean any place provided by the Governor for lodging goods therein for security of the Customs, or entered to be warehoused;

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

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Ship" shall include every description of vessel used in naviga

tion;

"Master" shall include any person having or taking charge or

command of a ship;

"Importer" shall include any owner or other person for the time being possessed of or beneficially interested in any goods imported within the limits to which this Ordinance extends, from the time of the importation thereof until they shall, on payment of the duties thereon or otherwise, be delivered or discharged from the custody or control of the Customs. (10 of 1876, s. 4.)

I. APPOINTMENT OF OFFICERS, PORTS, &c.

As to the Powers and Duties of Officers of Customs.

service of the

such service.

4. Every person employed on any duty or service relating to the Persons Customs, trade, or navigation, by the orders or with the concur- employed on rence of the Governor (whether previously or subsequently Customs to be expressed) shall be deemed to be the officer for that duty or deemed service, and every act required by any law to be done by or with officers for 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.)

vision of the

5. Subject to the provisions of this Ordinance, the Collector of The Collector Customs shall have the general superintendence and control of the to have superentire Customs Department of the Colony, with full power and Customs authority at all times to carry into effect the laws relating to the Department. Customs, and to trade and navigation, and the powers and authority of the Collector of Customs, and of all officers and other persons acting under his orders and authority, shall extend to and throughout all places within the limits of the jurisdiction. (10 of 1876, s. 6.)

6. Every officer appointed a Collector of Customs shall act for such port or district as shall from time to time be assigned to him for that purpose by the Governor, and shall in all matters connected with his duties as Collector of Customs or otherwise in relation to the Customs, correspond with and be subject to the orders and directions of the Collector of Customs, and the several subordinate officers of Customs shall, in all things relating to the execution of their duties, be subject to the authority, direction, and control of the Collector of Customs at Lagos, or their senior officer, as the case may be, at the port or district to which such subordinate officers are respectively attached, and shall respectively obey such orders and instructions as shall from time to time be given to them, or any of them: Provided always that the Governor may from time to time make and issue orders for the guidance and

Collectors of Customs to act for ports or districts assigned by the Governor:

Subordination

of officers.

Out-door

officers to act for ports assigned to them by Governor.

Temporary officers may be appointed.

Officers taking fee or reward

not authorised, to be dismissed.

Declaration

to office.

government of the Collector of Customs, and the other officers of the Customs Department, and may annul or disallow any order issued by the Collector of Customs, or other officer of Customs. (10 of 1876, s. 7.)

7. The several out-door officers of Customs shall act for such ports or districts as shall from time to time be assigned to them for that purpose by the Governor, and shall perform such duties as may from time to time be required of them by the Collector of Customs, or by the Collector of Customs at the particular port or place at which any such officer may be stationed. (10 of 1876, s. 8.)

8. It shall be lawful for the Collector of Customs from time to time, as occasion shall arise for temporary aid in the Customs, to appoint a person or persons to act as out-door officer or officers, whose duty it shall be to perform any and every such out-door service connected with the Customs Department as he or they may be called upon to perform, and it shall also be lawful for any Collector of Customs in any case of emergency, to appoint a person or persons to act as out-door officer or officers within the district of such collector of Customs, such appointment or appointments to continue in force only during the existence of such case of emergency; and every person so appointed as aforesaid shall be subject to the liabilities and possess and exercise the powers and authorities of an out-door officer. (10 of 1876, s. 9.)

9. If any officer, clerk, or other person acting in any office or employment in or belonging to the Customs shall take or receive any fee, perquisite, or reward, whether pecuniary or otherwise, directly or indirectly, from any person (not being a person duly appointed to some office in the Customs) on account of anything done or omitted to be done by him in, or in any way relating to, his said office or employment, except such as he shall receive under any law, or by permission of the Governor, such officer, clerk, or other person so offending shall, on proof thereof to the satisfaction of the Governor in Council, be dismissed from his office. (10 of 1876, s. 10.)

10. Every person who shall be appointed to any office or employon admission ment in the Customs shall, on his admission thereto, in addition to any oath which may be required by law to be taken by him, make the following declaration before the Colonial Secretary, or before some person appointed by dedimus potestatem for that purpose:

"I, A. B., do declare that I will be true and faithful in the "execution, to the best of my knowledge and power, of the trust "committed to my charge and inspection, in the service of the "Customs of the Colony of Lagos, and that I will not require, "take, or receive any fee, perquisite, gratuity, or reward, whether

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pecuniary or of any sort or description whatever, either directly "or indirectly, for any service, act, duty, matter, or thing done or performed, or to be done or performed, in the execution or discharge of any of the duties of my office or employment on any account whatever, other than my salary, and what is or "shall be allowed me by law, or by any special order of the "Governor." (10 of 1876, s. 11.)

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11. The Governor in Council may from time to time regulate The Governor the method and form in which the books and accounts of the may regulate Department of the Collector of Customs shall be kept, and define the method of the duties of the respective officers of the Department. (10 of and accounts. 1876, s. 12.)

keeping books

of duties in

12. The Governor may from time to time appoint the days Hours of and hours of general attendance of the Collector of Customs attendance and officers and persons in the service of the Customs at their and division proper offices and places of employment, and may appoint the those hours. times during such hours at which any particular parts of the duties of any such officers and other persons shall be performed: Provided that nothing herein or in any such appointment contained, shall extend or be construed to prevent the performance or excuse the non-performance of any duty which may devolve on any officer of the Customs or which such officer may be called on or required by any superior officer of his Department to perform after or before the hours so appointed as aforesaid, or on days declared to be public holidays. (10 of 1876, s. 13.)

service of

13. If the consignee of any vessel discharging or lading cargo, Fees to be or the importer or exporter of any goods should require the services paid where of any of the undermentioned officers at an earlier or later hour, officers reor on any other day than is appointed as aforesaid for the general quired at attendance of such officer at his office or place of employment, it extra hours. shall be the duty of such officer on the order of the Collector or other proper officer of Customs to render the services required, and the Collector or other proper officer of Customs shall demand and receive from the person so requiring such services the following fees, which shall be paid by him into the public Treasury, that is to say: