New Mining Regulations for Northern Nigeria

[Note.—The Proclamation as enacted in the Protectorate differs from this copy in the addition of a clause suspending—as regards licences to mine issued under the previous Proclamation—the operation of Section 26 and Regulation 23 (relating to royalties) until 1st January 1911, to which date the provisions of the “Minerals Proclamation, 1902,” with regard to duty on profits, are kept in force.]

THE MINERALS PROCLAMATION, 1910

A Proclamation regulating the right to search for minerals and also to dig for, mine, and work minerals, and for other purposes relating thereto.

Be it enacted by the Governor of Northern Nigeria as follows:—

Short Title.

1. This Proclamation may be cited as “The Minerals Proclamation, 1910.”

Interpretation.

2. In this Proclamation, unless the context otherwise requires:—

Person.

“Person” includes a corporation.

Holder.

“Holder” of a prospecting right or exclusive licence to prospect means the person to whom such right or licence was granted in the first instance, but in the case of an exclusive licence to prospect includes a person in whom such licence or a part of the rights thereunder has become vested by transfer, assignment, or otherwise.

Lessee.

“Lessee” of a mining lease includes all persons having any right or interest in or under a mining lease, whether by transfer, assignment, or otherwise.

Treasurer.

“Treasurer” includes any officer appointed by the Governor to perform any act or duty or to exercise any authority which by this Proclamation may be done by, or is imposed upon, the Treasurer.

Government Inspector of Mines.

“Government Inspector of Mines” includes any officer appointed by the Governor to perform any act or duty or to exercise any act or authority which by this Proclamation may be done by, or is imposed upon, or may be exercised by, the Government Inspector of Mines.

Court.

“Court” means the Supreme Court or any Provincial Court.

Minerals.

“Minerals” means and includes the following as classed hereunder (a), (b), (c), and (d):—

Metalliferous Minerals.

(a) Metalliferous minerals, including antimony, arsenic, bismuth, copper, cobalt, chromium, cadmium, gold, iron, iridium, lead, manganese, mercury, molybdenum, nickel, platinum, silver, tin, tungsten, uranium, zinc, and all others of a similar nature to any of them, and all ores or combinations of any of them with each other or with any other substance, excepting only those that occur in the form of precious stones.

Carbonaceous Minerals.

(b) Carbonaceous minerals, including anthracite, asphalt, brown coal, bitumen and its compounds, coal, graphite, lignite, and all substances of a like nature to any of them, or combinations of any of them with each other or with any other substance.

Earthy Minerals.

(c) Earthy minerals, including asbestos, barytes, clays, gypsum, infusorial earth, sandstone, marble, mica, phosphates, potash, rock salt, soda, sulphur, steatite, slate, talc, and all other substances of a like nature to any of them.

Precious Stones.

(d) Precious stones, including amber, amethyst, beryl, cat’s eye, chrysolite, diamond, emerald, garnet, opal, ruby, sapphire, turquoise, and all substances of a similar nature to any of them.

Saving as to quarrying, &c.

3. Nothing in this Proclamation shall prevent any person from quarrying stone for building purposes, or any native of the Protectorate from mining for iron, salt, soda, or potash, except in any area over which a mining lease has been granted.

No person to prospect without a prospecting right, or exclusive licence.

4.—(1) It shall not be lawful for any person to prospect for minerals without having first obtained a prospecting right or an exclusive licence to prospect in the prescribed form.

(2) An exclusive licence to prospect shall not be granted to any applicant who has not, either by himself or his duly authorised agents, examined the area over which an exclusive licence to prospect is applied for.

(3) It shall be in the discretion of the Governor for good cause to refuse an application for a prospecting right or an exclusive licence to prospect.

Prospecting right.

5. A prospecting right shall entitle the holder to prospect for any minerals in those parts of the Protectorate which are not included in any exclusive licence to prospect, and which the Governor has not by Government Notice in the Gazette declared to be closed to prospectors.

Prospectors employed by corporations.

In the case of a company or corporation employing prospecting engineers or prospectors, each prospecting engineer or prospector shall be required to take out an individual prospecting right.

Exclusive licence to prospect.

6. An exclusive licence to prospect shall entitle the holder thereof, and his duly authorised agents, to the sole right of prospecting for minerals within an area not less than one square mile and not more than sixteen square miles in extent, and for a period of one year from the date thereof, subject to renewal in accordance with the prescribed regulations for further terms of one year each, but so as not to exceed a period of three years in the whole.

Right to enter upon land to prospect.

7. A prospecting right and an exclusive licence to prospect shall, subject to the terms thereof and to the prescribed regulations, entitle the holder thereof to enter upon any land and prospect for minerals, and any person interfering with or obstructing such holder in the exercise of any rights hereby conferred upon him shall be guilty of an offence and shall be liable to a penalty not exceeding £25 or to imprisonment for a term not exceeding three months.

Settlement of disputes.

8. All disputes between holders of exclusive licences to prospect in respect of the exercise of the rights granted by such licences shall be submitted through the Government Inspector of Mines to the Governor for his decision, which shall be final and conclusive between the parties: Provided always that the Governor may in his discretion refer any particular matter in dispute to a court for its decision.

Penalty for prospecting without a right or licence.

9. Any person prospecting without a prospecting right or licence to prospect shall be guilty of an offence and shall on conviction before a court be liable to a penalty not exceeding £50 or to imprisonment for a term not exceeding six months.

Transfer of rights and licences.

10. A prospecting right shall not be transferable, but an exclusive licence to prospect or any portion of the rights granted under such licence may be transferred with the consent in writing of the Governor, signified by endorsement thereon.

Revocation of licences.

11. In case of any breach by the holder of a prospecting right or exclusive licence to prospect or by any attorney, agent, or employee of such holder, of any of the provisions of this Proclamation or of any rule or regulation made thereunder, the Governor may summarily revoke the said right or licence and thereupon all privileges and rights conferred thereby or enjoyed thereunder shall as from the date of such revocation cease: Provided always that the fact of such revocation shall not in any way affect the liability of such holder, attorney, agent, or employee, in respect of the breach of any provision of this Proclamation or of any such rule or regulation committed by him before such revocation.

Surrender of licence.

12. An exclusive licence to prospect or any portion of the rights granted under such licence may be surrendered at any time after three months’ notice in writing has been given of the intention to surrender: Provided that such surrender shall not affect any liability incurred by the holder before such surrender shall have taken effect.

No grant except to holder of prospecting right or exclusive licence.

13.—(1) It shall not be lawful for the Governor to grant a mining lease to any person other than the holder of a prospecting right or an exclusive licence to prospect, nor to any person who cannot show to his satisfaction that he has, either himself or by his duly authorised agent, carried out bonâ fide prospecting operations on the area applied for.

Right of exclusive licence holder.

(2) The holder of an exclusive licence to prospect who has fulfilled all the conditions attached thereto shall be entitled to the grant of a mining lease in respect of any portion of the area covered by such licence subject to the conditions relating to the grant of such leases.

Applicant must show sufficient working capital.

14. The Governor may require an applicant for a mining lease to show to his satisfaction that he possesses or commands sufficient working capital to ensure the proper development and working of the mine; and may require any reports on the matter made by competent engineers to be submitted for his information. In the event of such applicant failing to satisfy the Governor as aforesaid, the Governor may refuse the application, but the applicant may renew his application at any time.

Giving false information as to above matters an offence.

15. Any applicant for a mining lease wilfully or recklessly giving false information as to any of the matters in respect of which information is or may be required to be given under this Proclamation shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding £50 or to imprisonment for a term not exceeding six months.

Duration of lease.

16.—(1) A mining lease may be granted for any term not exceeding 21 years.

Renewal.

(2) If at the expiration of the term originally granted the lessee or his assigns shall be carrying on work in a normal and business-like manner under the lease, and the lease shall not at that time be liable to be declared void under any of the provisions of this Proclamation, and the lessee or his assigns shall have given to the Government six months’ notice in that behalf, then the lessee or his assigns shall be entitled to obtain a renewal of the lease for a further term not exceeding 21 years, upon the conditions which are then generally applicable to new mining leases.

Different kinds of mining leases.

17. Mining leases shall be of the following kinds, viz.:—

(1) Lode mining leases, the unit of area being one claim of 80,000 square feet, rectangular, and of such dimensions that the width shall not be less than one-half the length. No greater area than 30 claims shall be included in one lease. The rent payable under such lease shall be at the rate of £4 per claim per annum.

(2) Alluvial mining leases, which shall not exceed 800 acres in area and shall have a minimum width throughout of 400 yards. The rent payable under such lease shall be at the rate of five shillings per acre per annum.

(3) Stream mining leases, which shall not be granted in cases where an alluvial mining lease is applicable, shall be confined to the bed of a stream and shall not exceed one mile in length. The rent payable under such lease shall be at the rate of twenty shillings per annum for each 100 yards or part thereof.

(4) Iron mining leases.

(5) Carbonaceous minerals leases.

(6) Earthy minerals and precious stones leases.

(7) Dredging leases.

Leases of the kind (4), (5), (6), and (7) shall be granted subject to regulations to be made by the Governor under section 34 of this Proclamation.

(8) Water power leases, which shall be the subject of special agreements with the Governor; and such agreements shall make provision inter alia:

(a) As to the rate to be charged to consumers for the supply of power, such rate to be specified in each agreement, and not increased without the consent in writing of the Governor;

(b) As to the compensation to be paid by the beneficiaries thereunder in respect of interference with pre-existing individual rights of any kind whatever;

(d) To ensure the supply of power on equitable terms to all consumers.

Provided that (1) no such agreement shall be concluded until at least three months after reasonable advertisement of the application for the lease; and (2) the Governor shall at all times have the power to determine any such agreement, subject to reasonable notice and to the payment of adequate compensation in respect of expenditure incurred.

Governor may order survey, at cost of applicant.

18. The Governor may in any case where he shall deem it necessary, before granting a mining lease, require that the boundaries of the land affected shall be surveyed by a surveyor approved by the Governor, and the cost of such survey shall be paid by the person applying for the lease.

Overlapping areas.

19. In the event of any areas the subject of mining leases or exclusive licences to prospect being found to overlap, the ground in dispute shall be considered as within the area first granted, and no claim, whether for compensation or otherwise, shall be allowed in respect thereof to the lessee or licensee of the area subsequently granted.

Registration.

20. Every mining lease and every instrument by or under which the rights or any portion thereof granted by such lease shall be transferred or assigned shall be registered as an instrument affecting land under the provisions of the law for the time being in force with regard to the registration of such instruments.

Penalty for mining without a lease.

21. Any person digging for, mining, or working any mineral without a mining lease shall be guilty of an offence, and shall be liable upon conviction thereof to a penalty not exceeding £500 or to imprisonment for a term not exceeding twelve months.

Use of water.

22. The lessee of a mining lease shall be entitled to the use of all water within the area of his lease, but he shall not, without the consent in writing of the Government Inspector of Mines, treat any river or other flowing water or stream in such a manner as to prevent its return to its natural channel before it leaves the said area.

Proviso as to existing rights.

Provided that nothing herein contained shall be construed to affect or prejudice the existing rights of any person to the reasonable use of the water flowing in a natural bed or channel through, or along the margin of, land occupied by him, or naturally deposited within such land.

Penalty for improper use of water.

23. Any person diverting any river, flowing water, or stream without consent as aforesaid, or diverting water in such a manner as to render it unavailable for use by another person legally entitled to the use thereof, shall be guilty of an offence, and shall be liable to a penalty not exceeding £25, or to imprisonment for a term not exceeding three months.

Provisions as to surface rights.

24.—(1) A mining lease shall not of itself confer any rights in or over the surface of the area included in the lease, but if the lessee shall apply to the Governor for a right of occupancy over the whole or any portion of the area included in his lease, and shall show to the satisfaction of the Governor that the exclusive use and enjoyment of the said area or portion thereof is necessary to the full and effective exercise of the rights conferred by the lease, the Governor shall grant a right of occupancy over such area or portion thereof, subject to the provisions of the law for the time being in force with regard to such rights, and to such reservations as he shall think fit to make in respect of any railway, tramway, public road, building, burial-ground, or land appropriated to any public purpose, or land in the legal occupation of any other person.

(2) A right of occupancy granted as aforesaid shall run concurrently with the mining lease, and shall be renewable on application with each renewal of the mining lease, and no rent shall be payable thereunder over and above the rent payable under the mining lease; but compensation shall be payable in respect of any disturbance of native rights.

(3) In the event of any application being received from a third party for any rights in or over the surface of an area included in a mining lease, the Governor shall give notice thereof to the lessee, and if the latter shall within six months of the date of such notice show to the satisfaction of the Governor that the application cannot be granted without loss or damage to him in respect of the rights conferred by the said mining lease, the Governor shall assess reasonable compensation to be paid by the applicant to the lessee as a condition precedent to the grant of the application. If, however, the lessee shall fail to satisfy the Governor as aforesaid, the Governor may thereupon grant the application and no action shall lie in respect of any loss or damage that may ensue in respect thereof.

Compensation for damage.

25. Compensation shall be made to the legal occupier by the holder of a prospecting right or exclusive licence to prospect, and by the lessee of a mining lease other than the holder of a right of occupancy, for all damage done by himself, his agents, or employees, to the surface of any land upon, or under which prospecting or mining operations are being carried on, or to any house or building upon any such land, and the amount of such compensation shall be decided by the Resident of the province in which such land is situated: Provided that if either party is dissatisfied with the decision of such Resident he may within fourteen days appeal to the Governor, who may either decide the matter, in which case such decision shall be final, or refer it to a court for decision.

Royalty to be paid according to regulations.

26. There shall be paid by all holders of mining leases a royalty to the Government on all ores, minerals, and metals won, which royalty shall be at such rate as may be laid down in the regulations made under section 34, and may be collected in the form of an export duty or in such manner and subject to such conditions as may be laid down in such regulations.

Disputes between holders of mining rights as to mining operations.

27. If the holder of any right acquired under this Proclamation shall consider himself injuriously affected by the mining or prospecting operations of another, he shall report the matter in writing to the Government Inspector of Mines. The Government Inspector of Mines shall forward a copy of the report to all persons concerned, and after due consideration shall give his decision thereon.

Any person may appeal from the decision of the Government Inspector of Mines to the Governor, after first notifying the Government Inspector of Mines of his intention to do so, and stating the grounds of his dissatisfaction. The Government Inspector of Mines shall at once report the matter to the Governor, who may either decide the matter himself, in which case his decision shall be final, or refer it to a court, which, upon such reference, shall decide the matter in dispute as though it came before it in the ordinary course of law.

Interference with railways, public lands, &c., forbidden.

28. No person entitled or claiming to be entitled to any rights under a prospecting right or an exclusive licence to prospect or under a mining lease shall, in the exercise of any such rights, without the consent in writing of the Governor, disturb or interfere with any railway, tramway, public road or building, burial ground or land appropriated by law to any public purpose, and any person guilty of any such disturbance or interference shall be liable on conviction before a court to a penalty not exceeding £100, and in addition may be ordered by the court to pay the costs of making good any damage caused by him.

Forfeiture for breach of regulations, &c.

29. If there shall be a breach on the part of the lessee of a mining lease of any condition or provision of this Proclamation or of any regulation made thereunder, or of any of the terms of his lease, and if the lessee shall not make good such breach within three months from receiving notice in writing from the Governor so to do, or if the lessee shall wholly discontinue operations under the lease during a continuous period of six months without the consent in writing of the Governor, then the lease may be determined by the Governor without prejudice to any claim against the lessee which shall already have accrued. The decision of the Governor determining the lease shall be sufficiently notified to the lessee by its publication in the Gazette, and shall operate to vest in the Government all the plant, buildings, and other property of the lessee in connection with the land leased without any payment or compensation to the lessee in respect thereof.

Fraudulent deposit of metal, and fraudulent sampling.

30. Any person who shall place or deposit, or be accessory to the placing or depositing of, any metal, ore, or mineral in any spot or place for the purpose of misleading any person as to the nature, quality, or quantity of the mineral naturally occurring at such spot or place, or who shall mingle or cause to be mingled with any sample of metal, mineral, or ore, any valuable metal or any substance whatsoever which will increase the value or in any way change the nature of the said metal, mineral, or ore, with intention to defraud any person, shall be guilty of felony, and shall be liable, on conviction, to a penalty not exceeding £500 or to imprisonment for a term not exceeding five years.

Accurate accounts and plans to be kept.

31. There shall be kept at the principal office within the Protectorate of the lessee of a mining lease or his attorney (1) accurate and regular accounts containing full entries of all minerals raised or got under such lease, together with all such particulars as may be necessary to form an estimate of the quantity and value of such minerals; and (2) correct plans and sections of all mines worked under the rights conferred by his said lease, and of all the workings thereof, and of all veins or lodes which shall have been discovered therein, upon which the extent, position, and actual condition of the works shall at least once in every half year be accurately delineated. The scale of plans and sections shall be, for underground plans 1 in 500 and for surface plans 1 in 5000.

Government officers prohibited from acquiring rights.

32. No officer, whether civil or military, shall, while in the service of the Government of the Protectorate, acquire or hold any right or interest under any prospecting right, licence to prospect, or mining lease, and any licence or lease purporting to confer any such right or interest on any such officer shall be null and void.

Right of entry to inspect.

33. The Government Inspector of Mines may at any time enter and inspect any land over which an exclusive licence to prospect or a mining lease has been granted, for the purpose of ascertaining the condition thereof, and may inspect and take copies of or extracts from any books or papers, plans, &c., dealing with the operations of the licensee or lessee, and required by this Proclamation to be kept.

Power to make rules and regulations.

34. The Governor shall have power to make rules and regulations for carrying this proclamation into effect and in particular for all or any of the following matters:—

(a) The manner in which applications for prospecting rights, exclusive licences to prospect, and mining leases shall be made, the forms to be used, and the fees payable in respect thereof;

(b) The information to be supplied by the applicants;

(c) The shape of areas over which exclusive licences to prospect may be granted and the manner in which the same shall be surveyed and beaconed;

(d) The manner in which the right of entry upon land shall be exercised; and the conditions on which shafts, pits, temporary buildings, and other works may be made or erected for the purpose of prospecting;

(e) The amount of work to be done under an exclusive licence to prospect;

(f) The construction of roads, tramways, and railways;

(g) The construction and erection of houses, machinery, and other works to be used for mining purposes;

(h) The fencing off or rendering secure of any of the works constructed, erected, or made for prospecting or mining purposes;

(i) The grazing of cattle and other animals, and the cutting down and use of timber for the purpose of carrying on prospecting operations;

(k) For securing the safety of persons employed in mines and for the carrying on of mining operations in a safe, proper, and effectual manner;

(l) The reference of disputes to a court for decision;

(m) The transfer and assignment of rights under licences and leases;

(n) The amount of royalty payable to the Government and the form and manner in which such royalty shall be collected and paid; and

(o) The grant of leases of the kinds numbered (3), (4), (5), and (6) in Section 17;

and may attach to the breach of any such rule or regulation a penalty not exceeding £50 or imprisonment for a term not exceeding six months for each such breach.

Until further or other provision be made under this section, the rules and regulations set forth in the schedule hereto shall be and remain in force.

Mining for oil not included in provisions of Proclamation.

35. Nothing in this Proclamation shall be construed to refer to or to sanction the prospecting or mining for mineral oil of any kind.

Saving for existing rights.

36. Nothing in this Proclamation shall be construed to affect any rights existing at the date of its commencement.

THE SCHEDULE

Rules and Regulations

Application for prospecting right.

1.—(1) Any person desiring to obtain a prospecting right shall apply in writing for the same to the Governor through the Secretary to the Administration, and in making such application shall give the following particulars:—

(a) The name, nationality, and description of the applicant, and an address in the Protectorate at which notices, &c., may be served;

(b) The parts of the Protectorate in which the applicant desires to travel; and

(c) A copy of the memorandum and articles of association of any syndicate or corporation on behalf of which the applicant is applying as aforesaid.

(2) The applicant shall show, if required by the Governor to do so, that he possesses sufficient money or credit to enable him to pay all reasonable travelling and prospecting expenses likely to be incurred in the exercise of the rights conferred by a prospecting right.

Form.

2. A prospecting right shall be in Form I. of the Appendix hereto.

Prospecting right, fee to be paid, and duration.

3. The fee to be paid for a prospecting right shall be £5, and its duration shall be for one year from the granting of the right.

Application for exclusive licence to prospect.

4. Any person desiring to obtain an exclusive licence to prospect may apply in writing to the Governor through the Secretary to the Administration, and in making such application shall give the following particulars:—

(a) The name, nationality, and description of the applicant, and if representing a corporation or company the like information with regard to the directors thereof, and the amount of cash, working capital, and nominal capital of such corporation or company, and an address in the Protectorate at which notices, &c., may be served;

(b) Copies of the memorandum and articles of association of any corporation, syndicate, or company represented by the applicant;

(d) The boundaries, area, and situation of the ground over which an exclusive licence is desired: Provided that

(1) The boundaries shall be defined in such a manner as to be a sufficient guide to others desiring to locate contiguous areas, and shall have been demarcated to the satisfaction of the Inspector of Mines;

(2) A sketch plan shall be furnished on the scale of 1:25,000, showing the topography and main drainage in such a manner as will illustrate the position of the boundaries and enable them to be identified upon the ground; and

(3) No statement of latitude and longitude shall be considered as defining an exclusive prospecting area.

Applications to be in duplicate and to be filed.

5. Applications under the preceding regulation shall be submitted in duplicate, and one copy shall be filed in the office of the Secretary to the Administration (or at such other place as the Governor may appoint); and the file shall be open to inspection at all reasonable times.

Shape of area of exclusive licence to prospect.

6. The shape of an area over which an exclusive licence to prospect may be granted shall be such that the average width, as determined by dividing the area by the greatest length, is not less than one-third of the greatest length.

Form.

7. An exclusive licence to prospect shall be in Form II. of the Appendix hereto.

Fee to be paid.

8. The fee to be paid for an exclusive licence to prospect shall be £5 per square mile or part of a square mile per annum.

Obligation of exclusive licences.

9.—(1) The holder of an exclusive licence to prospect shall, under penalty of revocation of such licence under the provisions of section 11 of the Proclamation, during the whole of the period for which such licence is granted, either by himself or his agents, carry on bonâ fide prospecting operations.

Renewal.

(2) The Governor may refuse to renew any exclusive licence if satisfied that bonâ fide prospecting operations have not been carried on.

Rights of prospector.

10. The holder of a prospecting right or an exclusive licence to prospect may in respect of the land subject to his right or licence exercise the following rights for the purpose of prospecting:—

(a) Enter upon the said land unless the Governor shall by Government notice declare any part thereof to be closed to prospectors;

(b) Erect temporary buildings or set up camp thereon;

(c) Use any water thereon or divert any watercourse; provided that no stream of a greater width from bank to bank than 20 feet shall be diverted without the consent in writing of the Government Inspector of Mines;

(d) Sink shafts or wells, or dig trenches; and

(e) Cut timber for any purpose essential to the work of carrying on prospecting operations in an efficient manner.

Licences and authorities to be shown to Government Inspector of Mines.

11. A prospecting right, an exclusive licence to prospect, and any licence granted under the provisions of the Proclamation or of these regulations, and a written authority given by the holder of an exclusive licence to any person to prospect upon his area, shall be produced to the Government Inspector of Mines demanding to inspect the same, and any person who shall fail to produce such licence, right, or authority when demanded as aforesaid shall be guilty of an offence and be liable to a penalty not exceeding £25.

Application for mining lease.

12. An application for a mining lease shall be made through the Secretary to the Administration and shall contain the following particulars and information:—

(a) The name, nationality, and description of the applicant, and if a syndicate or corporation the like information with regard to the members or directors thereof, and the amount of the nominal and subscribed capital of such syndicate or corporation, and an address in the Protectorate at which notices, &c., may be served;

(b) A map on a scale of 1:5000 showing the boundaries, extent, and situation of the area in which it is desired to mine, and containing sufficient topographical information to enable the position of the area to be easily located;

(d) Whether it is desired to dig for, mine, and work all minerals and precious stones, or some one or more and which of them; and

(e) A copy of the memorandum and articles of association of any syndicate or corporation applying as aforesaid.

Form of lease and assignment thereof.

13. A mining lease shall be in the Form III., and an assignment thereof in the Form IV. set forth in the Appendix hereto, or as near thereto as circumstances admit.

Boundaries.

14. All mining areas shall be bounded by straight lines and vertical planes from the surface boundary lines downwards to an unlimited depth from the surface.

Permanent beacons to be erected.

13. Within a period not exceeding twelve months from the date of the commencement of a mining lease there shall be erected by the lessee beacons of a permanent character:—

(a) In the case of a lode mining lease, at the corners of each claim; and

(b) In the case of an alluvial lease, at each angular point of the polygon formed by the boundary lines, and at such other points as may be necessary to secure that no two consecutive beacons shall be more than 2000 feet apart: Provided that where for any reason it may be impracticable to comply strictly with these provisions, the Government Inspector of Mines may authorise the placing of beacons at such other points as may in his opinion most conveniently define the boundaries of the area.

Beacons to be kept in good repair.

16. A lessee of a mining lease shall keep his beacons and boundary marks in good condition and repair so that they shall be at all times a reasonable guide for persons desirous of marking out contiguous areas.

Commencement of working.

17. The lessee of a mining lease shall within twelve months of date of granting of such lease, or within such further time as the Governor by writing under his hand may grant, commence mining operations upon the lands subject to his said lease.

Mines to be effectually worked.

18. The lessee of a mining lease will at all times during the continuance thereof, except during the first twelve months, and unless prevented by any disturbances, or by unavoidable accident, effectually and vigorously work and develop and carry on mining operations on the land subject to the said lease.

Conditions of adequate working.

19. No mine shall be considered to be effectually or properly worked within the meaning of the preceding regulation unless it can be shown that an expenditure per annum has been incurred in respect of working on the ground of at least £2 per acre in the case of an alluvial, and £100 per claim in the case of a lode mining, lease.

Concentrated working.

Provided that in the case of contiguous leases held by the same person or corporation, the Governor may, on cause being shown, allow any two or more of the said leases to be regarded as one for the purpose of calculating the expenditure required by this regulation.

Deposit of tailings and waste matter.

20. In any case where tailings or any other products whatever from the operations of mining or metallurgy are being discharged, or about to be discharged, in such a manner as to hinder or injuriously affect any other person in the execution of his legal mining rights, or the future development of mining, it shall be lawful for the Government Inspector of Mines to order the disposal of such products or tailings in some other manner not detrimental to present or future mining.

Explosives.

21. It shall not be lawful for any person to construct underground any magazine for the storage of explosives, or to erect a magazine for such purpose upon the surface of the ground without previously having obtained permission in writing from the Government Inspector of Mines. Any such magazine shall be erected subject to the following conditions:—

(a) It shall be constructed at a distance of at least 100 yards from any occupied building, public road, bridge, aqueduct, or railway, or structure that might sustain damage in the event of an explosion;

(b) The walls shall be of suitable and substantial construction;

(d) It shall be provided with a reliable lightning conductor, which shall have its lower end attached to a metal plate at least four square feet in area which shall be buried at least three feet in the ground, and the point at which the conductor enters the ground, and the ground in which it is buried, shall be as far as possible kept damp;

(e) It shall have no windows;

(f) The door shall be provided with a stout lock and be kept fastened when not in use;

(g) The ground within a radius of sixty yards shall be kept clear of bushes and grass.

Monthly reports to Government.

22. On or before the 8th of each month, or as soon after as circumstances will permit, every manager or person in charge of mining operations shall lodge with the Government Inspector of Mines a written statement setting forth:—

(1) The name and designation of the property;

(2) The name of the owners of the mine;

(3) The nature of the mine;

(4) The output of mineral in the preceding month;

(5) A statement of working costs;

(6) The number of employees and labourers in the preceding month, and the total amount of wages paid to the labourers and the total amount of salaries of Europeans that are a charge on the mine, including those on leave;

(7) The particulars of any deaths or accidents that may have occurred during the preceding month; and

(8) Any further particulars that may be required by the Government Inspector of Mines for the purpose of compiling statistics.

Royalty.

23.—(1) There shall be payable to the Government by all lessees of mining leases a royalty of £5 per centum upon the value of all metal won.

Form of collection.

(2) If such metal or any ore containing metal be exported from the Protectorate, such royalty shall be collected in the form of an export duty payable upon exportation at any customs station in the Protectorate.

Value, how computed.

(3) The value of such metal shall be deemed to be the actual market price of the metal in the London market on the 1st day of January, April, July, or October next preceding the exportation.

Tin ore.

(4) The value of tin ore shall be deemed to be at the rate of 70 per centum of the value of metallic tin computed as aforesaid.

Penalties.

24. Any person wilfully committing a breach of these regulations or refusing to obey an order lawfully given under any of the provisions thereof shall in addition to any liability to forfeiture provided by the Proclamation be liable to a penalty not exceeding £50, or in default to imprisonment for a term not exceeding six months.

APPENDIX

FORM I.

The Minerals Proclamation, 1910 (Northern Nigeria).

Prospecting Right ____, No. ____.

Licence, subject to the provisions of the said Proclamation and of the rules and regulations made thereunder, is hereby granted for twelve months from the date hereof to E. F. [here insert name, address, and description of licensee] to prospect for minerals [or as the case may be] in such parts of the Protectorate as may not from time to time be closed to prospectors by Government Notice in the Gazette.

This ____ day of ____ 19____

(Signed) Governor.

FORM II.

The Minerals Proclamation, 1910 (Northern Nigeria), Exclusive Licence to Prospect. No. ____.

The exclusive right, subject to the provisions of the said Proclamation, and of the rules and regulations made thereunder, for one year from the ____ day of ____ is hereby granted to A. B. [here insert name, address, and description of licensee] to prospect for minerals [or as the case may be] within the following limits [here insert boundaries of area] as the same are delineated on the map attached hereto and coloured.

This ____ day of ____ 19____

(Signed) Governor.

FORM III.

The Minerals Proclamation, 1910 (Northern Nigeria), Mining Lease.

[Insert nature of lease. See s. 17.]

This lease is granted to ____ of ____ for mining purposes upon or under [here describe area with boundaries] as the same is delineated on the map attached hereto for the period of ____ years from the date hereof according to the true intent and meaning of the said Proclamation and subject to the provisions of the said Proclamation or of any Proclamation amending, altering, or repealing the same, and to all such rules and regulations as may from time to time be made under such Proclamation or Proclamations.

Dated this ____ day of ____ 19 ____

(Signed) Governor.

FORM IV.

The Minerals Proclamation, 1910 (Northern Nigeria), Assignment of Mining Lease.

Whereas under the provisions of the above-mentioned Proclamation a lease for mining purposes upon or under [here describe area with boundaries, &c., as in original lease] was on the ____day of ____ 19____, granted to ____ of ____ for a term of ____ years from the date thereof, and duly registered in Vol. ____ page ____ of the register of instruments affecting land. Now these presents witness that in consideration of the sum of ____ the said ____ [lessee] doth hereby assign to ____of ____ all his right title and interest in and under the said lease as from the ____ day of ____ for the remainder of the term thereof.

In witness, &c.

1 PART OF MARINA, LAGOS, SOUTHERN NIGERIA

2 MARINA, SHOWING CUSTOMS, LAGOS, SOUTHERN NIGERIA

3 LAGOS

4 LAGOS. AMONGST THE PALMS

5 BIRD’S-EYE VIEW SHOWING MARINA AND TOWN, LAGOS

6 A PORTION OF LAGOS TOWN FROM ROOF OF NEW MOSQUE

7 LAGOS

8 WEST END OF LAGOS FROM THE FRENCH FACTORY

9 STEAM TRAM, MARINA, LAGOS

10 LAGOS

11 BUSINESS PREMISES, MARINA, LAGOS

12 PART OF MARINA, LAGOS

13 THE MARINA, LAGOS

14 CLUB-HOUSE, LAGOS

15 POST OFFICE, LAGOS

16 GOVERNMENT HOUSE, LAGOS

17 PUBLIC WASH “HOUSES,” LAGOS

18 PUBLIC WASHING PLACE, ELEGRATA, LAGOS

19 RAILWAY, IDDO

20 YAMS (POTATOES) ON THE BEACH, LAGOS

21 FRUIT MARKET, LAGOS

22 CORNER OF MARKET, LAGOS

23 IDDO STATION, LAGOS

24 RAILWAY ENGINE, IDDO

25 FULANI SHEEP, LAGOS

26 BULLOCK CART

27 FORCADOS, SOUTHERN NIGERIA

28 “SIR ALFRED” DRY DOCK, FORCADOS

29 BOTANICAL GARDENS, EBUTE METTA, LAGOS

30 BOTANICAL GARDENS, EBUTE METTA, LAGOS

31 RAILWAY CROSSING, EBUTE METTA, LAGOS

32 ON THE ROAD TO EBUTE METTA, LAGOS

33 THE MARKET, BURUTU, SOUTHERN NIGERIA

34 BURUTU MARKET

35 GOVERNMENT BOAT AT BURUTU

36 PALM OIL STORES, BURUTU

37 HOSPITAL, BURUTU

38 KWA RIVER, CALABAR. MOTOR BOAT “SPIDER,” DRAUGHT 9 INCHES

39 TWO JAKRIE WOMEN, BURUTU, SOUTHERN NIGERIA

40 JAKRIE CHIEF AND ONE OF HIS WIVES

41 LARGE “COTTON TREE” AT OKUNI, CROSS RIVER

42 JAKRIE WOMAN, BURUTU

43 CHIEF OKRODODO AND TWO OF HIS SONS, BURUTU

44 CHIEF OKRODODO, HIS SONS AND DAUGHTERS: JAKRIE TRIBE, BURUTU

45 NATIVE DANCERS AT AWKA IN THE ONITSHA HINTERLAND BETWEEN NIGER AND THE CROSS RIVER

46 NATIVE MARKET AT ITU ON CROSS RIVER

47 A LANDING PLACE ON CROSS RIVER

48 ON THE EWAYONG, A TRIBUTARY OF THE CROSS RIVER

49 A BRIDGE OVER AUJA RIVER NEAR OGOJA

50 BRIDGE BUILT OF VINES BY PAGANS

51 THE “SPIDER” AT ITU

52 OSHOGBO RAILWAY STATION: LADY EGERTON AND DISTRICT COMMISSIONER, MR. GLADSTONE, IN FOREGROUND

53 COCOANUT AND BANANA PALMS

54 SIR WALTER EGERTON, LADY EGERTON, CAPT. LAWRENCE, PRIVATE SECRETARY, CAPT. LLOYD, A.D.C.

55 LOWER NIGER

56 LOWER NIGER

57 ON THE BANKS OF THE LOWER NIGER

58 SHIPPING RUBBER, LOWER NIGER

59 VILLAGE ON THE LOWER NIGER

60 IDAH, RIVER NIGER

61 MESSRS. G. W. CHRISTIAN’S STORE AT IDAH, NIGER RIVER

62 EJAWS: VILLAGE SCENE, LOWER NIGER

63 BRIDGE OF SIGHS, LOKOJA, NORTHERN NIGERIA

64 MAIN STREET, LOKOJA MARKET

65 NATIVE JUDGE OR ALKALE AT LOKOJA (COPY OF THE KORAN ON HIS LAP)

66 ASABA BOYS, SOUTHERN NIGERIA

67 “BOYS” WHO WORK THE CARGO

68 SHIPPING COTTON, LOKOJA, NORTHERN NIGERIA

69 NIGER COMPANY’S DEPOT AT LOKOJA

70 PRODUCE STORES, LOKOJA

71 LOKOJA MARKET

72 LOKOJA MARKET

73 LOKOJA MARKET

74 LOKOJA MARKET

75 YAMS ON THE BEACH, LOKOJA

76 AT THE RIVER-SIDE, LOKOJA

77 LOKOJA

78 LOKOJA

79 MARINE BUNGALOW, LOKOJA

80 EUROPEAN HOSPITAL, LOKOJA

81 CANTEEN AT LOKOJA

82 BANK, LOKOJA

83 KING ABIGA, LOKOJA, NORTHERN NIGERIA

84 DEVIL MAN, LOKOJA

85 LOKOJA

86 LOKOJA

87 CAMP ROAD, LOKOJA

88 CAMP ROAD, LOKOJA

89 BARRACKS, LOKOJA

90 THE SERRIKIN (KING OF LOKOJA) AND HIS CHIEFS AT THE KING’S HOUSE

91 MEAT-MARKET. LOKOJA

92 GUARD ON GOVERNMENT TREASURY. LOKOJA

93 MESSRS. CHRISTIAN’S STORE, LOKOJA

94 HAUSAS LOVE SOAP AND WATER

95 COMING IN FROM THE COUNTRY, LOKOJA

96 LOKOJA

97 BRIDGE OF SIGHS, LOKOJA

98 GOVERNMENT OFFICIALS AND OTHERS WATCHING GYMKANA, LOKOJA

99 HAUSA WOMEN HAIRDRESSING, LOKOJA, NORTHERN NIGERIA

100 BARBERS, LOKOJA MARKET

101 NATIVE BARBER

102 PREPARING FOOFOO (CRUSHED YAMS), LOKOJA

103 CHILDREN AT PLAY, LOKOJA

104 CHILDREN IN THE MARKET, LOKOJA, NORTHERN NIGERIA

105 WASHING UP, RIVER NIGER

106 A QUARREL, LOKOJA MARKET

107 WASHING DAY ON THE NIGER RIVER, NORTHERN NIGERIA

108 NATIVE TRADING CANOE, UPPER NIGER, NORTHERN NIGERIA

109 GROUP OF HAUSA AND NUPE CHIEFS (SERRIKIN OF LOKOJA IN CENTRE)

110 BLACK BLUEJACKETS ON THE GOVERNMENT RIVER STEAMER “KAPELLI”

111 S.W. “NDONI” (CARGO BOAT) ON THE RIVER NIGER

112 “HALSTEAD” (CARGO BOAT) ON NIGER RIVER

113 HIGH COMMISSIONER’S YACHT “CORONA” ON THE NIGER

114 HAUSA CANOE

115 CHIEF’S CANOE BEING SALUTED ON THE NIGER

116 NUPE TOWN OF EGGA ON THE NIGER

117 EGGA, NORTHERN NIGERIA

118 EGBOHU, NORTHERN NIGERIA, LANDING PLACE OF EXPEDITION AGAINST BEDA

119 PART OF RABBA VILLAGE, NORTHERN NIGERIA

120 UNLOADING SALT, JEBBA

121 LOADING STEAMER, JEBBA

122 THE “S.S. SCARBOROUGH” AT JEBBA

123 LOOKING UP THE NIGER FROM JEBBA

124 MOHAMMEDAN MOSQUE, NORTHERN NIGERIA

125 PALM VILLAGE, NORTHERN NIGERIA

126 SHONGA, NORTHERN NIGERIA

B.C.G.A. have a ginnery here

127 FULANI CATTLE, NORTHERN NIGERIA

128 ON THE BENUE RIVER

129 CAMPING ON BENUE RIVER

130 MARKET AT LAMUGO, NEAR KEFFI

131 COWRIE MEN PAYING CARRIERS PER BASKET

132 MAKING LAMA MATS

133 MAKING STOOLS

134 GRINDING GUINEA CORN

135 JUKUMS AT ABINSI

136 THE EMIR OF KANO

(Now a prisoner in Lokoja. Was the cause of the Kano rising in 1907)

137 THREE HAUSA TRADERS WITH BUNDLES OF SKINS FROM KANO

138 CATTLE, NEAR NAFADA

139 CAMELS AT NAFADA

140 SELLING COTTON IN NAFADA MARKET

141 CHIEF OF KANAM

142 HEAD MEN IN VOM

143 MIANGO CHIEF AND HEAD MEN (EX-CHIEF ON LEFT)

144 CHIEF OF WASE

145 CAMPS IN HOS

146 HAUSA LOOM

147 SECOND CHIEF AT IBI

148 WASE ROCK

149 AMO MEN

150 HAUSA GIRL

151 KABBA BOY

152 HAUSA WOMAN

153 HAUSA BOY

154 BROTHER HEALY AND SOME OF HIS PUPILS, ONITSHA

155 VIEW ON THE RIVER NIGER

156 MESSRS. G. W. CHRISTIAN’S STORE, ONITSHA

157 SIR WILLIAM WALLACE, K.C.M.G

158 MR. S. R. BASTARD

(Chairman Champion Gold Reefs of West Africa, Ltd., and other important Nigerian Companies)

159 MR. LAWS IN FRONT OF OFFICE WITH BARS OF TIN READY FOR TRANSPORT

160 FIRST CAMP AT THE TIN MINES, NARAGUTA

161 NARAGUTA CAMP

162 PART OF THE FUEL MARKET, BAUCHI

163 SURVEYING PARTY AT JUGA

164 PAGANS PAYING A VISIT TO DISCUSS MATTERS AT JOS

165 PAGANS BRINGING IN A PRESENT, JOS

166 NARAGUTA. PAGANS COMING IN FOR TIN LOADS TO JERMAAN

(We were fighting them a year before)

167 CARRIERS LEAVING NARAGUTA CAMP

168 CARRIERS CROSSING DELIMI RIVER

169 NARAGUTA. 190 BARS OF TIN LEAVING CAMP BY ASAB PAGANS

170 A CAMP. SURVEY CAMP AT JOS

171 HORSES BEING BROUGHT AS TAX

172 PART OF ACTUAL WORKING FACE, NARAGUTA

173 LAUNDERS AT END OF TAIL RACE AT RIVER’S EDGE, NARAGUTA

174 NARAGUTA. MAKING DAM

175 NARAGUTA. CONSTRUCTION OF DAM. RUKUBAR PAGANS

176 NARAGUTA. VIEW SHOWING BACK OF DAM

177 NARAGUTA DAM

178 NARAGUTA

179 NARAGUTA

180 NARAGUTA

181 NARAGUTA. FOUR SLUICE-BOXES IN LABOURERS’ CREEK

182 NARAGUTA

183 NARAGUTA. VIEW OF SLUICE-BOXES, LABOURERS’ CREEK

184 NARAGUTA. MOVING BOXES TO FACE OF STOPE, BALA’S STOPE

185 NARAGUTA. TWO SLUICE-BOXES

186 NARAGUTA

187 NARAGUTA

188 NARAGUTA CAMP

189 OPENING FOOT-BRIDGE, DELIMI RIVER, NARAGUTA

190 LABOURERS’ CAMP ON THE TIN FIELDS

191 NARAGUTA. TIN-WORKERS WORKING THE BED OF THE RIVER IN DRY SEASON

192 NARAGUTA. CONSTRUCTION OF LEAT BY RUKUBAR PAGANS

193 NARAGUTA. CONSTRUCTION OF LEAT BY RUKUBAR PAGANS

194 WASHING TIN IN DELIMI RIVER, NARAGUTA

195 DELIMI RIVER

196 VIEW OF DELIMI RIVER BETWEEN NARAGUTA AND JOS

197 NARAGUTA. VIEW SHOWING FLOOD-BOXES ON LEAT

198 NARAGUTA

199 A CAMP

200 NARAGUTA. TRIBUTERS WASHING TIN

201 TIN WASHING

202 NARAGUTA. HALF-LENGTH NEW MAIN TAIL RACE

203 NARAGUTA. NO. 2. LOOKING UP MAIN TAIL RACE

204 NARAGUTA. LOWER VIEW, NO. 2, MAIN TAIL RACE

205 NARAGUTA. CLOSE TO MAIN WORKING FACE, NO. 2 STOPE

206 NARAGUTA. TIN MINING. YORUBUS WORKING IN THE GROUND

207 TROOPS LEAVING NARAGUTA CAMP FOR BAUCHI

208 NAFUTA GORGE, LOOKING TOWARDS JUGA

The Juga River runs down the centre and passes to the Nafuta Flats

209 NAFUTA GORGE

The river at this point is lost to sight thirty feet below the big boulders in the middle of the ravine

210 PROPOSED DAM SITE, JUGA

211 PROSPECTING ON DUBBO OR TOPAZ VALLEY

212 MR. C. G. LUSH’S CAMP AT JUGA

213 CAMP OF MESSRS. LUSH, HUDDART, AND WALTER WETHERED

214 MESSRS. HUDDART AND LUSH PROSPECTING ON ONE OF THE CREEKS OF THE DUBBO OR TOPAZ VALLEY PROPERTY

215 FACE OF ALLUVIAL, 16 FEET DEEP, AVERAGING ABOUT 6 LBS. OF TIN PER CUBIC YARD: DUBBO OR TOPAZ VALLEY MINE

216 JUGA CAMP: PAY-DAY

217 RAFINSIROMA CAMP

218 RAFINSIROMA DAM, LOOKING SOUTH-EAST

219 HOUSE-BUILDING, RAFINSIROMA TIN MINES

220 A GROUP OF NATIVES

221 VIEW IN AMO

222 A VIEW IN VOM

223 MR. G. W. CHRISTIAN

A Nigerian Trader

224 STEAMERS DISCHARGING AT BARO

225 BARO RAILWAY YARD

226 BARO BEACH JUST BEFORE THE RAILWAY WAS BEGUN: BARO-KANO RAILWAY

227 SETTING OUT EARTHWORK AT PATATIFI, BARO-KANO LINE

228 TEMPORARY BRIDGE OVER THE BAKOGI RIVER, BARO-KANO LINE

229 ENGINE OF THE EMIR CLASS ON STEEL BRIDGE, BARO-KANO LINE

230 EARTHWORK IN PROGRESS, BARO-KANO LINE

231 STRAIGHTENING ROAD AT RAILHEAD, BARO-KANO LINE

232 NIGER END OF THE LINE: VIEW FROM BARO HILL

233 GENERAL VIEW OF BARO STATION

234 MR. H. W. LAWS

Engineer to the Niger Company

235 MAP OF SOUTHERN NIGERIA

236 MAP OF NORTHERN NIGERIA

237 MAP SHOWING ROUTE OF RAILWAY FROM BARO TO RIGACHIKA, ABOUT 225 MILES

238 MAP SHOWING RAILWAY AND ROADS TO THE BAUCHI TIN FIELDS

239 ALLUVIAL TIN DISTRICTS IN THE BAUCHI PROVINCE

240 PLAN OF THE NARAGUTA TIN MINES SHOWING WORKINGS

241 PROPERTIES OF THE JUGA (NIGERIA) TIN AND POWER CO. LTD.

242 PROPERTIES OF THE LUCKY CHANCE MINES, LTD., IN THE DUBBO DISTRICT

243 THE DUBBO OR TOPAZ VALLEY PROPERTY

Belonging to the Lucky Chance Mines, Limited

244 RAFINSIROMA TIN PROPERTY

Belonging to the Lucky Chance Mines, Limited

245 THE POLCHI ALLUVIAL TIN PROPERTY

Belonging to the Lucky Chance Mines, Limited

246 THE BILIDI ALLUVIAL TIN PROPERTY

Belonging to the Lucky Chance Mines, Limited

247 THE FEDERRI ALLUVIAL TIN PROPERTY

Tin Fields of Northern Nigeria, Limited

248 DOSS OR DILA TIN PROPERTY

Tin Fields of Northern Nigeria, Limited

249 KURDUM RIVER ALLUVIAL TIN AREA

250 REIN, FORUM, RIBON AND KURDUM ALLUVIAL TIN AREAS

251 REIN ALLUVIAL TIN AREA

Rein River (Nigeria), Tin Mining Co.

252 FARUM ALLUVIAL TIN AREA

253 SHEN ALLUVIAL TIN AREA

254 SOUTH BUKERU (NIGERIA) TIN MINES, LTD.

255 JUGA DISTRICT

256 GEL TIN LODE AND ALLUVIAL CO. LTD.

257 THE NORTHERN NIGERIA (BAUCHI) TIN MINES, LTD.

258 ROUTE FROM MINNA TO RIGACHIKO BY RAIL, AND FROM RIGACHIKO TO BAUCHI TIN FIELDS BY NEW ROAD

259 PLAN OF NEW ROAD FROM RAILWAY AT RIGACHIKO TO DAN MALIKI EN ROUTE TO THE BAUCHI TIN FIELDS