(Seal of Court.) FORM C.-Certificate of Title. It is hereby certified and declared that pursuant to the Public Lands Ordinance 1876, the title in and to all (describe the premises to be acquired) is vested in the Colonial Secretary of the Colony of Lagos and his Successors to the use of Her Majesty, according to the true intent and meaning of the said Ordinance. Dated the day of E. F. 18 A. B. Judge of the Supreme Court. FORM D.-WARRANT OF POSSESSION. To the Sheriff of the Colony of Lagos. Whereas a Certificate of Title dated the day of 18 has been issued by the Court in favour of the Colonial Secretary to that piece of Land described as (insert description). These are therefore to command you to put the Colonial Secretary or any person employed by him in that behalf in possession of the said Land and premises. (Signed by Judge or Commissioner.) Short title. Signification of certain terms. No. 9.-1876. AN ORDINANCE to amend the Law relating to Prisons. [5th September, 1876. Whereas it is expedient to amend the law relating to prisons: 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 Prisons Ordinance, 1876." 2. In this Ordinance : The term "prisoner" shall include any person lawfully committed to custody. The term "criminal prisoner" shall mean any prisoner charged with, or convicted of a crime. The term "gaoler" shall include the keeper or other chief officer of a prison. The term "Sheriff" shall include Deputy Sheriff. Constitution and General Regulations. stitute and Order in 3. *The Governor in Council may, by Order published in the Governor Gazette, declare any building within the Colony, or protected terri- may conn tories, to be a prison under this Ordinance, and by the same or any discontinue subsequent Order declare the province, district, or place, for which prison by any such building shall be used for the purposes of a prison. Council. Subject to the provisions of this Ordinance with respect to the appropriation of prisons to particular classes of prisoners, every building so declared a prison shall be a gaol, house of correction, and penitentiary, for the imprisonment of criminal prisoners of every description, and also a Queen's prison for the imprisonment of persons charged with or under sentence for contempt of Her Majesty's Courts, or taken in execution of the process of the Courts. The Governor in Council may from time to time, by Order published as aforesaid, appoint that any building declared a prison under this Ordinance, or which at the commencement of this Ordinance may be used as a prison, shall cease to be used as a prison. 4. Subject to any order to be made under this Ordinance, the Existing buildings at Lagos, and other places in the Colony, which at gaols declared prisons the commencement of this Ordinance shall be in use as gaols, shall under this each of them be a prison within the meaning of this Ordinance. Ordinance. 5. Every prison shall include the airing grounds or other Extent of grounds or buildings occupied by prison officers for the use of prisons. any such prison and contiguous thereto, and shall also include any lock-up house or place of security (which may be either a detached building or attached to any Court-house, Police Station, or other building), which may be sanctioned by any Order of the Governor in Council 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. 6. In any writ, warrant, or other legal instrument, in which it Description may be necessary to describe a particular prison, any description of prison in legal designating the prison by reference to the name of the place or instruments. town where it is situated, or other definite description, shall be valid and sufficient for all purposes. 7. The Governor in Council may either for effecting the separa- Appropriation tion of different classes of prisoners, or for the enforcement of of prisons to particular penal labour, or for other reasons, from time to time by any Order classes of published in the Gazette, appropriate particular prisons to parti- prisoners. cular classes of prisoners, or limit the classes of prisoners who may be imprisoned in particular prisons, and any prisoner of the class for which any prison shall be so appropriated, may be lawfully Buildings declared Prisons, and places of temporary detention, see Orders of 10th December, 1881; 17th June, 1886; 2nd March, 1889; 19th July, 1897; 20th September, 1898; 2nd April, 1900; 4th July, 1900. L. cells. conveyed to such prison and imprisoned therein, notwithstanding that the warrant or Order for the imprisonment of such prisoner shall have been issued by a Court not having its ordinary local jurisdiction in the place where such prison is situated. Punishment 8. In every prison punishment cells shall be provided or appropriated for the confinement of prisoners for prison offences. Every such cell shall be certified by the medical officer that it can be used as a punishment cell without detriment to the prisoner's health, and the medical officer shall also certify the time for which it may be so used, and such time shall be conspicuously painted on the door of such cell. Every such cell shall be furnished with means enabling the prisoner to communicate at any time with an officer of the prison. Regulations as to Govern ment of prisons. Subsidiary regulations. Prison officers. 9. The regulations contained in the first schedule hereto, with respect to the government of prisons shall be binding on all persons in the same manner as if they were enacted in the body of this Ordinance. The said regulations or any of them may be revoked or altered by resolution of the Legislative Council, which resolution shall for the purpose of effecting any such revocation or alteration have the same force as an Ordinance, and every such revocation or alteration shall come into immediate operation upon the passing of such resolution, or at such date as shall be thereby provided subject to disallowance by Her Majesty. 10. Subject to the provisions of this Ordinance, it shall be lawful for the Governor in Council to draw up prison regulations respecting the good government of the said prisons as regards matters not provided for or not fully provided for or reserved by the regulations in the said schedule, including regulations as to the remission of sentences to be allowed to prisoners who duly comply with the regulations to which they are subjected and the conditions on which such remissions are made, and likewise to repeal or alter regulations so made and make regulations in addition thereto or in substitution therefor, and every such regulation or any repeal or alteration thereof, or additional or substituted regulation, shall on being published in the Gazette be binding upon all parties concerned, subject to disallowance by Her Majesty.* (13 of 1897, s. 3, incorporated.) Prison Officers. 11. The Governor may from time to time appoint fit and proper persons to be keepers of each of the said prisons, and also such subordinate officers, male or female, of each prison as may be necessary, and may remove any such keeper or officer when necessary. Subject to this Ordinance the Colonial Chaplains and Colo • Mark system introduced by Order of 9th April, 1897. See post. nial Surgeons and Assistant Colonial Surgeons shall perform such duties as chaplains and medical officers to such prisons as the Governor may appoint. 12. The Colonial Secretary, the Colonial Treasurer, the Com- Prison missioner and Assistant Commissioners of Police, the Police visitors. Magistrate, and all District Commissioners and Justices of the Peace, and such other persons as the Governor may from time to time nominate, shall be visitors of the several prisons. The Governor shall appoint one or more of the visitors to be a visiting committee for each prison, but the appointment of such committee shall not interfere with the general right of visitation on the part of the other visitors. 13. The sheriff shall not be liable for the escape from imprison- Liability of ment of any prisoner after such prisoner shall have been handed sheriff. over to the custody of the keeper of the prison. *Custody and Removal of Prisoners. 14. Every prisoner confined in any prison shall be deemed to Prisoners in be in the legal custody of the gaoler thereof. Provided that nothing legal custody in this Ordinance shall affect the jurisdiction or responsibility of of gaolers. the sheriff in respect of prisoners under sentence of death, or his jurisdiction or control over the portion of the prison where such prisoners are confined, and the officers thereof as far as may be necessary for the purpose of carrying into effect the sentence of death, or for any purpose relating thereto. Every prisoner shall be subject to the prison discipline and regulations during the whole time of his imprisonment, whether he is or not within the precincts of any prison, and shall walk to or from any prison whenever at any time so required, and any refusal so to walk (unless he is physically incapable) shall be and may be punished as a breach of prison discipline. infectious 15. In case of a contagious or infectious disease occurring in any Removal of prison, it shall be lawful to remove any of the prisoners from such prisoners in prison to another place although such place may not have been case of declared a prison under this Ordinance, and in case of emergency diseases. such removal may be made in pursuance of an Order under the hand of the Colonial Secretary or the sheriff or of any of the visiting committee of such prison, and if such place be a place of confinement it shall be deemed during the continuance of any prisoner therein to be a part of the prison from which such prisoner was so removed, and when such disease shall have ceased any prisoners so removed from any prison, shall under an Order of any visitor of prisons be taken back to the prison from whence they were removed, if still liable to be confined therein. * See Colonial Prisoners Removal Act, 1884, and Order of the Queen in Council of 13th December, 1889, thereunder: Appendix. Provisions in case of lunacy of prisoners. Removal of trial. *16. If any prisoner shall become or be found to be of unsound mind in any prison the gaoler shall forthwith report to the sheriff, or in his absence to one of the visitors of such prison, and the sheriff or other visitor of the prison shall visit and inquire into the state of mind of such prisoner, and shall call to his assistance the Colonial Surgeon or other duly qualified medical officer whose services may most readily be had, and if the medical officer shall sign a certificate with respect to such prisoner according to the Form A. in the second schedule annexed to this Ordinance, and the sheriff or such visitor shall be satisfied from his own view that such prisoner is of unsound mind, he shall certify the same to the Colonial Secretary, and it shall be lawful for the Colonial Secretary by order in writing under his hand directed to the keeper of such prison to order that such prisoner shall be forthwith removed to any fit place for the custody and treatment of lunatics, which may from time to time be appointed by the Governor for that purpose either within any prison or elsewhere. Any prisoner so removed shall remain in such place until it shall be certified by the Colonial Surgeon or other medical officer as aforesaid, that such prisoner hath become of sound mind, whereupon he shall by order of the Colonial Secretary be redelivered into the custody of the keeper of such prison if still liable to be confined there, and if not so liable shall be discharged. 17. A prisoner may be brought up for trial, and may be removed prisoners for by or under the direction of the keeper of the prison in which he is confined from such prison to another, for the purpose of being tried, and no prisoner whilst in the custody of a gaoler or of the sheriff shall be deemed to have escaped, although he may be taken into different jurisdictions or different places of confinement. Procedure where a prisoner is charged before a offence. 18. If any person imprisoned in any prison shall be charged with any offence before any Court which, if such person were not imprisoned, might issue a warrant for his apprehension, such Court may issue an order in the Form B. in the second schedule to this Court with an Ordinance, or to the like effect on the keeper of the prison in which such person is imprisoned, directing him to bring such person before the Court. Such keeper shall bring the person charged with the offence before the Court accordingly, and the like proceedings shall be had with respect to such offence as if he had been brought up on a warrant. Provided that if the person so charged shall be remanded, committed for trial, imprisoned, or detained by such Court, he shall be so remanded, committed for trial, imprisoned, or detained either in the prison from whence he came, or in such other prison as such Court may direct. Removal of †19. The Governor may, by an order under the hand of the * As to removal of Criminal Lunatics, see Colonial Prisoners Removal Act, 1884, and Order in Council under it: Appendix. As to removal of Lunatics, see note to s. 16. |