Secretary for the time being in trust for Her Majesty. Upon the and convey 4. It shall be lawful for all parties being seised, possessed of, or Parties entitled to any such Lands or any estate or interest therein, to sell enabled to sell and grant and convey such Lands or estate or interest to the lands alColonial Secretary, and the power so to sell and convey may be though under exercised by such parties not only on behalf of themselves and their disability. respective Heirs, Executors, Administrators, and Successors, but also for and on behalf of every person entitled in reversion, remainder or expectancy after them or in defeasance of the estates of such parties, and by persons seised or possessed of such Lands upon any species of trust to the use of persons under disability or otherwise for and on behalf of their Cestuique trusts to the same extent as such Cestuique trusts respectively could have done if they had been under no disability. In case such parties shall deliver a valid written title to such Land to the satisfaction of the Colonial Secretary, then upon execution of a Conveyance thereof the purchase money agreed upon as the price of the said Lands shall be paid, but in case such title be not produced, the payment of the price shall be postponed for one year, and in the event of any party appearing and claiming right thereto, the disposal of the price shall be subject to the like conditions as in cases of disputed compensation. 5. When the Colonial Secretary shall require to purchase or to Notices to be take any Lands which by this Ordinance he is authorized to pur- fands required given when chase or take, he shall give notice to the persons entitled to sell or for public interested in such Lands, or such of them as shall after diligent purposes. enquiry be known (which notice may be in the Form A. in the Schedule to this Ordinance or to the like effect). The notice shall require such parties to state the particulars and evidence of their estate and interest in such lands, and of the claims made by them in respect thereof, and shall express that the Colonial Secretary is willing to treat for the purchase of such Land. notices. 6. Every such notice as aforesaid shall be served personally on Service and the person or persons entitled to sell or interested in any such publication of Lands, or if he or they cannot be found, shall be left at his or their last usual place or places of abode or business with some inmate thereof, to be given to such person or persons, and in case no such party can be ascertained or found, shall be left with the occupier of such Lands, or if there be no such occupier, shall be affixed on some conspicuous part of such Lands, and in such last case, shall also be affixed to the door of the Court House of the District wherein such Lands are situated, and every such notice shall be inserted once at least in the Gazette. 7. If for Twenty-one days after the service and publication as Arrangement of cases of disputed com- aforesaid of such notice, no claim shall be lodged with the Colonial pensation or interest. Secretary, in respect of such Lands, or if the party who may have lodged any claim, and the Colonial Secretary shall not agree as to the amount of the compensation to be paid for the interest in such Lands or of the buildings thereon belonging to such party, or if such party has not given satisfactory evidence of his alleged interest, or if separate and conflicting claims are made in respect of the same Lands, the amount of compensation due, if any, and every such case of disputed interest or title shall be settled in accordance with the following provisions : (1.) Any of Her Majesty's Courts having Jurisdiction to determine as to the ownership of such Lands, shall have Jurisdiction to hear and determine in all such cases as aforesaid. (2.) Notice in writing shall be served upon every person who may have claimed any interest in respect of such Lands not less than Seven nor more than Fourteen days before the time appointed for hearing and determining such claims calling upon such persons to come in and prove their claims to the Lands or the interest therein to which they may consider themselves entitled and the value thereof: Where the Owner of any Lands cannot be found, such notice shall be served upon his Agent or representative, and if neither the Owner nor any Agent or representative can be found, the notice shall be affixed to a conspicuous part of the Lands and to the door of the Court House of the District. (3.) When the Owner or any person claiming to be Owner or to represent the Owner of such Lands or to possess or represent the possessor of any interest therein, shall not appear at the time appointed for the hearing, a decision may be given ex parte upon hearing the evidence adduced on the part of the Colonial Secretary, and such decision shall be as effectual as if given after hearing and in the presence of all parties. (4.) The evidence as to ownership of Lands may be such as in proceedings before the Assessor to the Native Chiefs would be admissible and relevant evidence as to such ownership. Such (5.) The written report of the Colonial Surveyor or any Assistant (6.) Compensation shall not be awarded to any party in respect of unoccupied Lands. Any Lands shall be deemed (7.) Any final judgment in any such case as aforesaid shall be (8.) The party who may desire to appeal against such judgment, shall give notice to the other party and to the Court of his intention to appeal and proceed in other respects to perfect his appeal according to the Rules of Court for the time being regulating appeals, and if such notice is not given, and the appeal perfected within the period prescribed, the judgment of the Court shall be final. 8. The decision of the Court respecting compensation, or in case Postponement of disputed interest or title as aforesaid or of the Appeal Court, of payment of price: parties where appeal has been taken, shall be final and conclusive as not notified respects all persons upon whom notices as aforesaid have been may appear served or who have appeared and claimed or on whose behalf any and claim. person having authority to that effect has claimed any Lands or any interest therein, but it shall be lawful for persons upon whom notices have not been served, and who have not appeared or claimed or on whose behalf no claim has been made as aforesaid, to do so at any time within One year after the date of the final decision, and in all cases where any compensation has been awarded, (except where a valid written Title to the Land shall be delivered) payment thereof shall be postponed until the said period of One year shall have elapsed from the date of the judgment, or judgment on appeal; upon which it may be paid over to the person who shall then appear by the judgment of the Court to have the best right thereto, and such payment shall, as concerns the Colonial Secretary, operate as a complete discharge and acquittance of such compensation and of all claims in respect of such Lands or any interest therein, but shall not hinder any subsequent proceedings at the instance of any person having or alleging better right thereto as against the person to whom such payment may have been made. 9. Conveyances of Lands purchased under this Ordinance may Form of be in the Form B. of the Schedule, or as near thereto as may be, Conveyances. or by Deed in any other form which the Colonial Secretary may think fit, and every Conveyance made according to the form in the Schedule, or as near thereto as may be, shall be effectual to vest the Lands thereby conveyed in the Colonial Secretary and shall operate to bar and to destroy all other estates, rights, titles, remainders, reversions, limitations, trusts and interests whatsoever of and in the Lands comprised in such Conveyance. Certificate of title: its effects. Parties in owners deemed entitled to lands. 10. The Colonial Secretary shall, at any time on production in the Supreme Court of a Conveyance to any Lands, or at any time after the expiration of Twenty-one days from the date of the service and publication of the notice mentioned in the fifth and sixth Sections of this Ordinance, upon proof of such service and publication, be entitled to receive a Certificate of Title to the Lands described in the said Conveyance, or notice, which Certificate may be in the Form C. of the Schedule to this Ordinance, and shall have the following effects and qualities : (1.) The Certificate shall not be questioned or defeasible by reason of any irregularity or error or defect in the notice, or the want of notice, or of any other irregularity, error, or defect in the proceedings previous to the obtaining of such Certificate. (2.) It shall confer on the Colonial Secretary to whom such Certificate shall be given, and on every succeeding Colonial Secretary for the time being in trust for Her Majesty, an absolute and indefeasible right to the Lands comprised or referred to therein against all persons, and free from all adverse or competing rights, titles, interests, trusts, claims and demands whatsoever. (3.) If possession of such Lands is withheld by any person, the Colonial Secretary may obtain from any Court a warrant of possession (which may be in the Form D. to the Schedule to this Ordinance) under which any Officer of the Sheriff or Constable may forthwith eject any person or persons so withholding possession, and the Colonial Secretary, or any person authorized by him, may enter upon and possess the said Lands. (4.) The production of the Certificate of Title shall be held in every Court to be an absolute bar and estoppel to any action or proceeding by which the right of the Colonial Secretary to the Land therein described is sought to be impugned or questioned. 11. In all cases where any question shall arise respecting the possession as Title to any Lands to be acquired under this Ordinance the parties in possession of such Lands as being the owners thereof at the time of such Lands being purchased or taken, shall be deemed to have been lawfully entitled to such Lands, unless the contrary be shown to the satisfaction of the Court, and such parties shall be entitled to receive the purchase money or compensation for such Lands but without prejudice to any subsequent proceedings against such parties at the instance of any person having or alleging a better right thereto. Colonial Secretary exonerated upon payment. 12. The payment to and the receipt of any person to whom any purchase money or compensation shall be paid, shall effectually discharge the Colonial Secretary from seeing to the application or being answerable for the misapplication thereof, provided always that where any person is in possession in virtue of any estate less than an estate of inheritance or in any fiduciary or representative character, the Colonial Secretary may make payment of such purchase money or compensation to such persons, and in such proportions and instalments, and after such notices as the Court may direct. * 13. The Colonial Secretary, or any persons authorized by him, Lands may be may enter upon any Lands for the purpose of surveying or taking entered for levels of such Lands, or boring to ascertain the nature of the soil, surveys. or other purposes of the like nature, the owner or occupier being entitled to compensation for actual damage (if any) occasioned in the course of such operations. In case of any dispute respecting the amount of such compensation, it shall be determined by the assessment of the Colonial Surveyor or any Assistant Colonial Surveyor, and such assessment shall be final. THE SCHEDULE. FORM A.-Notice of Land Required for Government Service. Notice is hereby given that the following Land, (describe Land, denoting boundaries by physical marks wherever practicable) is required for the service of the Government. Any person claiming to be possessed, or to have any right or interest in the said Land is required within Twenty-one days from this date to send to the Colonial Secretary (which may be done through the District Commissioner of ) a statement of the particulars of his right or interest and of the evidence thereof, and of any claim made by him in respect of the value of such Land or of his interest therein. The Colonial Secretary is willing to treat for the purchase of the said Land, but if no such statement is lodged within the period hereby prescribed, the Lands are liable to be dealt with as unoccupied Lands. C. D. Colonial Secretary. (Date.) I FORM B.-Form of Conveyance. of in consideration of paid to me on behalf of the Colonial Secretary of the Colony of Lagos do day of 18 Q. R. And see No. 10 of 1897. |