Repealed Ordinances not revived by repeal of repealing Ordinance. Repealed pro visions of any Ordinance to remain in force till the substituted provisions commence. Ordinances to be deemed public Ordinances. Interpretation of terms. 4. Where any Ordinance repealing in whole or in part any former Ordinance is itself repealed, such last repeal shall not revive the Ordinance or provisions before repealed unless words be added reviving such Ordinance or provisions. 5. Wherever any Ordinance shall be made repealing in whole or in part any former Ordinance and substituting some provision or provisions instead of the provision or provisions repealed, such provision or provisions so repealed shall remain in force until the substituted provision or provisions shall come into operation by force of the last made Ordinance. 6. Every Ordinance made after the commencement of this Ordinance shall be deemed and taken to be a Public Ordinance and shall be judicially taken notice of as such unless the contrary be expressly provided and declared by such Ordinance. 7. The following words and expressions shall, if inserted in any Ordinance, Order of the Governor in Council, or Rules of Court, be understood as hereinafter defined or explained, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such definition or explanation, that is to say: "Her Majesty" or "The Queen" shall include Her Majesty the Queen, her heirs and successors. "Governor" shall include the officer for the time being administering the Government of the Colony of Lagos. "Governor in Council" shall mean the Officer administering the Government with the advice of the Executive Council of the Colony. 66 Colony" shall mean the Colony of Lagos. "Colonial waters" shall mean the waters of the Colony of Lagos "Gazette" shall mean the publication in which Official announce- "Ordinance shall include any Orders or Rules made under the authority of, and having the force and effect of an Ordinance. "Public Officer" or "Public Department" shall extend to and include every Officer or Department invested with or performing duties of a public nature, whether under the immediate control of the Governor or not. "Moveable Property" or "Goods" includes money, bills, bonds, notes, deeds, and corporeal property of every description except lands and chattels real. "Immoveable Property" or "Lands" includes land and every thing attached to the earth or permanently fastened to any thing which is attached to the earth, and all chattels real. "Year" and "Month" mean respectively a year or month reckoned according to the British calendar. "Oath," "Swear," and "Affidavit" shall include and apply to the affirmation or declaration of any person by law allowed to make an affirmation or declaration in lieu of an oath. 8. Unless the contrary shall be expressly provided, or shall be Computation implied from the context, in all cases in which any particular of time. number of days shall be prescribed or mentioned in any Ordinance, Order of the Governor in Council, or Rule of Court for the doing of any act, or for any other purpose, the same shall be reckoned exclusive of the first and inclusive of the last day. 9. Unless the contrary shall be expressly provided, or shall be Number and implied from the context and general purview of the Ordinance, gender. Order of the Governor in Council, or Rule of Court, words importing the singular number or the masculine gender only shall be understood to include several matters as well as one matter, and several persons as well as one person, and bodies corporate as well as individuals, and females as well as males; and words importing the plural number shall be understood to apply to one matter as well as to more than one. include officer 10. When reference is made in any Ordinance, Order of the Official Governor in Council, or Rule of Court, to any public officer by the designation to term designating his office, such term shall include the officer for the executing time being executing the duties of such office, and such other officer duties. as may from time to time be appointed to undertake any portion of such duties. Short title. Interpretation of terms. No. 4.-1876. AN ORDINANCE for the Constitution of a Supreme Court, Be it 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 "Supreme Court Ordinance, 1876." 2. In this Ordinance and in any Ordinance in which this Ordinance shall be incorporated or applied the following words and expressions shall have or include the meanings hereinafter attached to them, unless there be something in the subject or context repugnant to such meanings, (that is to say) "Court" includes the Supreme Court, and the Chief Justice, and Puisne Judges of the Supreme Court, sitting together or separately, and every District Commissioner being engaged in any judicial act or proceeding, or inquiry. "The jurisdiction" or "the jurisdiction of the Court" means the local limits of the jurisdiction of the Supreme Court as defined by this Ordinance. Whenever the term "the particular jurisdiction" is used, it means the local limits of the jurisdiction, as defined by this Ordinance, of the Court, which is mentioned or referred to in the immediate context. "Province" and "District" shall respectively mean a Province or District constituted in the manner prescribed by this Ordinance. "Imperial laws" shall include General Rules or Orders of Court made under any Imperial Act. Where in any Rule in the Schedules to this Ordinance the "Sheriff" shall include a Deputy Sheriff and any person law- "Solicitor" shall include Attorney. "Cause" shall include any action, suit or other original proceed- "Matter" shall include every proceeding in the Court, not in a cause. "Cause of action " in suits founded on contract shall not necessarily mean the whole cause of action; but a cause of action shall be deemed to have arisen within the jurisdiction if the contract was made therein, though the breach may have occurred elsewhere, and also if the breach occurred within the jurisdiction, though the contract may have been made elsewhere. "Plaintiff " shall include every person asking any relief (other- "Petitioner" shall include every person making any application "Committed for trial" includes every case of a person ordered "Judgment" and "Decree" shall be deemed synonymous terms. "Execution Creditor" shall include every person having title to "Office copy means a copy, either made under direction of the Court or produced to the proper officer of the Court for examination with the original, and examined by him therewith, and in either case certified by him as correct. CONSTITUTION OF THE COURT. Court. 3. There shall be a Court which shall be called the Supreme Establishment Court of the Colony of Lagos, and shall constitute the Supreme of Supreme Court of Judicature for the Colony of Lagos and for the Territories thereto near or adjacent wherein Her Majesty may at any time before or after the commencement of this Ordinance have acquired power and jurisdiction. (1 of 1888, s. 2.) Constitution of the Supreme Court. Precedence of Powers of Full Court to be Court of Appeal: its constitution. Seal of Court. Place of sitting. 4. The Court shall consist of a Chief Justice and such Judge or Judges as the Governor shall from time to time appoint by Letters Patent under the Public Seal of the Colony in accordance with such instructions as he may receive from Her Majesty; and also of the Chief Justice and every Judge of the Supreme Court of the Gold Coast Colony. And the Chief Justice and every Judge of the Supreme Court of the Gold Coast Colony shall be Puisne Judges of the Supreme Court of the Colony of Lagos. The Court shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of Chief Justice or of any Puisne Judge thereof. (1 of 1888, s. 3, part.) 5. The Chief Justice of the Colony of Lagos for the time being shall be President of the Court, and the Chief Justice of the Supreme Court of the Gold Coast Colony for the time being shall rank next to him. The Puisne Judges shall rank among themselves according to the priority of their respective appointments. Any Acting Puisne Judge shall rank after all the Puisne Judges holding permanent appointments. (1 of 1888, s. 4.) 6. Any Judge of the Court may, subject to this Ordinance, and any Rules of Court, exercise all and any part of the original jurisdiction, Civil and Criminal, vested by this Ordinance in the Court, and for such purpose shall be and form a Court. (1 of 1888, s. 5, part.) 7. The Full Court shall be a Court of Appeal, and for this purpose shall be fully constituted by two of the Judges, but may consist of three Judges, of whom the Chief Justice or the person for the time being discharging the functions of Chief Justice shall at all times be one; and in all matters brought before the Full Court by way of appeal or otherwise, the decision of the majority of the Judges in case they shall not agree in their opinion, shall be taken to be the judgment of the Court; provided that when the Court shall be constituted by two Judges, the Chief Justice, or person for the time being discharging the functions of Chief Justice shall have a casting vote. (1 of 1888, s. 6.) 8. The Court shall have and use, as occasion may require, a Seal, bearing the inscription "The Supreme Court of the Colony of Lagos.' The Seal of the Court shall be kept by the Chief Justice, and a duplicate thereof by every Puisne Judge. The Chief Justice and Puisne Judges may entrust the Seal or duplicates to such Officers of the Court from time to time as they may respectively think fit. Such Seal shall be the Seal of the Appeal Court of the Colony for all purposes for which it may be required under the provisions of the Rules of Court. (1 of 1888, s. 7.) 9. The sittings of the Court shall usually be held in such buildings as the Governor shall from time to time assign as Court Houses for that purpose, but in case the Court shall sit in any |