116 COLONIAL REPORTS MISCELLANEOUS. 



The Southern Nigeria Forestry Ordinance. 



(No. 141902, and Proclamation No. 281901, with subse- 

 quent amendments see pages 1312 to 1319 of the new 1908 

 edition of the laws of that Colony and Protectorate.) 



This, as modified below, should apply to all three of those 

 Administrative Divisions of the Gold Coast. 



Sections 1, 2, and 3 of the Ordinance can remain unaltered, 

 as they deal with definitions and the power to appoint officers to 

 carry out the provisions of the Ordinance. The definition of 

 " native lands " should be made more comprehensive and clear 

 by adding the words " imoocupied and uncultivated " after the 

 word "waste." 



Section 4. Another sub-section should be added to this, to the 

 effect that the Governor can, whenever it may appear desirable 

 in the interests of the native communities concerned, of the 

 public, or of both, to constitute any waste native land Native 

 Forest Reserves, on the following conditions: 



(a) That the Reserves are constituted more particularly for 

 the benefit of the native communities owning the land. 



(&) That they shall be managed by Government agency or 

 under its supervision with that object, and that the Governor 

 may make rules for regulating this management of Native Forest 

 Reserves, prescribing the conditions under which the forests may 

 be exploited and the community or group of communities for the 

 benefit of which any such forest is constituted may be provided 

 with forest produce or with pasture, and their duties in respect 

 of the protection of such forest. 



(c) That the net profits (i.e., after the cost of management has 

 been deducted from the revenues) shall be paid to the native 

 communities owning the land which has been constituted a 

 Reserve. 



(d) That the titles to the ownership of the reserved lands are 

 not altered by such reservation. 



In suggesting these additions to Section 4, I have endeavoured 

 to distinguish between the following ideas, and to provide for 

 their expression in the Ordinance: 



(1) That whenever the necessity arises for doing so, in the 

 interests of the native communities and of the general public, 

 the Government should exercise its prerogative as the paramount 

 Government of making certain by legislative measures of being 

 able to establish the Conservancy of any particular forest growing 

 on lands owned by the natives, and to do this without disturbing 

 their titles to the ownership of the land. Such areas would 

 then, of course, have to be in fairness managed for the benefit 

 of the native communities concerned. 



(2) The acquisition of land for reservation by special agreement 

 with the native communities, under the conditions embodied in 

 the agreements, these conditions not necessarily being such as to 

 preclude Government from managing the Reserve mainly for ita 

 own particular purpose or in the general interests of the Colonies. 



