other building or place within the limits of its jurisdiction for the transaction of legal business, the proceedings shall be as valid in every respect as if the same had been held in any such Court House. (1 of 1888, s. 8.)

duties.

10. Whenever the office of any Judge shall become vacant by Vacancies and death or otherwise, it shall be lawful for the Governor to appoint devolution of another fit and proper person to fill such office until Her Majesty's pleasure be known; and in case of the temporary illness or absence of any Judge it shall be lawful for the Governor in his discretion to appoint a fit and proper person to fill the office of such Judge, until he shall resume the duties thereof. Until any appointment be made under this section, the business of the Court shall devolve upon, and be transacted, as far as practicable, by the remaining or continuing Judges; and when such continuing Judges shall be Puisne Judges, the Senior of them shall and may have all the powers and authorities vested in the Chief Justice. (1 of 1888, s. 9.)

JURISDICTION AND LAW.

of Justice in

11. The Supreme Court shall be a Superior Court of Record, To have jurisand in addition to any other jurisdictions conferred by this or any diction of other Ordinance of the Colonial Legislature, shall, within the High Court limits and subject as in this Ordinance mentioned, possess and England. exercise, all the jurisdiction, powers, and authorities, excepting the jurisdiction and powers of the High Court of Admiralty, which are vested in or capable of being exercised by Her Majesty's High Court of Justice in England as constituted by the Supreme Court of Judicature Acts 1873 and 1875.

criminal

vested in

12. The jurisdiction by this Ordinance vested in the Supreme Her Majesty's Court shall include all Her Majesty's civil jurisdiction which at civil and the commencement of this Ordinance was, or at any time after- jurisdiction in wards may be, exercisable in the aforesaid Territories, near or the adjacent adjacent to the Colony, for the judicial hearing and determination Territories of matters in difference, or for the administration or control of pro- Court. perty and persons, and also all Her Majesty's criminal jurisdiction which at the commencement of this Ordinance was, or at any time afterwards may be, there exercisable for the repression or punishment of crimes or offences, or for the maintenance of order; and all such jurisdiction shall be exercised under and according to the provisions of this Ordinance, and not otherwise.

13. The Court shall have all and singular the powers and Power to authorities of the Lord High Chancellor of England, with full appoint guardians and liberty to appoint and control guardians of infants and their committees of estates, and also keepers of the persons and estates of idiots, lunatics, &c. lunatics, and such as being of unsound mind are unable to govern themselves and their estates.

* As to Admiralty jurisdiction, see 53 & 54 Vict. c. 27, App.

L.

How far the law of England in force.

Practice and procedure.

In probate,

matrimonial causes.

Rules as to the application of Imperial laws.

Law and Equity to be concurrently administered.

14. The Common Law, the doctrines of Equity, and the Statutes of general application which were in force in England on the 24th day of July, 1874, shall be in force within the jurisdiction of the Court.

15. The jurisdiction by this Ordinance vested in the Supreme Court shall be exercised (so far as regards procedure and practice) in the manner provided by this and the Criminal Procedure Ordinance, or by such Rules and Orders of Court as may be made pursuant to this Ordinance.

16. The jurisdiction hereby conferred upon the Court in Probate, Divorce, and Matrimonial Causes and Proceedings may, subject to this Ordinance and to Rules of Court, be exercised by the Court in conformity with the law and practice for the time being in force in England.

17. All Imperial Laws declared to extend or apply to the Colony or the jurisdiction of the Court shall be in force so far only as the limits of the local jurisdiction and local circumstances permit, and subject to any existing or future Ordinances of the Colonial Legislature; and for the purpose of facilitating the application of the said Imperial Laws, it shall be lawful for the Court to construe the same with such verbal alterations, not affecting the substance, as may be necessary to render the same applicable to the matter before the Court; and every Judge or Officer of the Supreme Court having or exercising functions of the like kind, or analogous to the functions of any Judge or Officer referred to in any such law, shall be deemed to be within the meaning of the enactments thereof relating to such last-mentioned Judge or Officer; and whenever the Great Seal or any other seal is mentioned in any such statute it shall be read as if the Seal of the Supreme Court were substituted therefor; and in matters of practice all documents may be written on ordinary paper, notwithstanding any practice or directions as to printing or engrossing on vellum, parchment, or otherwise.

18. In every civil cause or matter which shall come in dependence in the Supreme Court, Law and Equity shall be administered concurrently; and the Court in the exercise of the jurisdiction. vested in it by this Ordinance shall have power to grant, and shall grant, either absolutely or on such reasonable terms and conditions. as shall seem just, all such remedies or relief whatsoever, interlocutory or final, as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim or defence properly brought forward by them respectively, or which shall appear in such cause or matter; so that as far as possible all matters in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided; and in all matters in which there is any conflict or variance between the rules of Equity and the rules of the Common Law with reference to the same matter the rules of Equity shall prevail.

and customs.

19. Nothing in this Ordinance shall deprive the Supreme Court Application of the right to observe and enforce the observance, or shall deprive of native laws any person of the benefit, of any law or custom existing in the said Colony and Territories subject to its jurisdiction, such law or custom not being repugnant to natural justice, equity, and good conscience, nor incompatible either directly or by necessary implication with any enactment of the Colonial Legislature existing at the commencement of this Ordinance, or which may afterwards come into operation. Such laws and customs shall be deemed applicable in causes and matters where the parties thereto are natives of the said Colony or Territories, and particularly, but without derogating from their application in other cases, in causes and matters relating to marriage and to the tenure and transfer of real and personal property, and to inheritance and testamentary dispositions, and also in causes and matters between Natives and Europeans where it may appear to the Court that substantial injustice would be done to either party by a strict adherence to the rules of English law. No party shall be entitled to claim the benefit of any local law or custom, if it shall appear either from express contract or from the nature of the transactions out of which any suit or question may have arisen, that such party agreed that his obligations in connection with such transactions should be regulated exclusively by English law: and in cases where no express rule is applicable to any matter in controversy, the Court shall be governed by the principles of justice, equity, and good conscience.

SITTINGS AND DISTRIBUTION OF BUSINESS.

20. The Governor in Council may, from time to time by Order The Governor published in the Gazette, provide in such manner and subject to to make such regulations as to him may seem meet for all and any of the following matters :

certain provisions.

(1.) For the formation for purposes of jurisdiction of Provinces Provinces and by the union of any part or parts of the Colony with any Districts. of the Territories near or adjacent thereto, or by the constitution of any part or parts of the Colony to be a Province by itself, and for the formation of Districts within the said Provinces by the like means and for the like purposes;

(2.) For the appointment of the place and places and the time Sittings of and times at which sittings of Divisional Courts are to be Court. holden;

(3.) For appointing either temporarily or permanently the Pro- Local vince or place in which each of the Judges shall exercise appointments jurisdiction in pursuance of this Ordinance, and for the transference of any Judge from any Province or place to Judges. any other Province or place;

and transference of

(4.) For declaring that the jurisdiction vested in the Supreme Limiting Court shall not extend to any place or part of the said jurisdiction.

Districts

Territories near or adjacent to the Colony specified in such Order, or for imposing within any such place or part of the said Territories any limitation in respect of the class of causes or matters to which the jurisdiction of the Court shall extend and apply;

The Governor in Council may from time to time by Order published in the Gazette alter, add to, or amend any Order made in pursuance of this section, and the jurisdiction of the Court shall be exercised subject to the limitations contained in any such Order. (4 of 1876, s. 22.)

21. Subject to such Orders of the Governor in Council as aforesaid, defined, sub- and until such Orders shall have been made, the Districts* wherein ject to future appointments. the jurisdiction vested in the Supreme Court shall be exercised as aforesaid, shall be respectively the Districts of the Settlement of Lagos, which at the commencement of this Ordinance were the stations of Civil Commandants or District Magistrates, together with the portions of the Territories thereto respectively adjacent, within which such Commandants or Magistrates have been in use to exercise powers and jurisdiction. (4 of 1876, s. 23, part.)

Divisional
Courts.

Sittings of Court; priority of criminal trials.

22. For the more convenient despatch of business, Divisional Courts of the Supreme Court shall be holden in each Province, and every such Divisional Court may, subject to the power of transference hereinafter enacted, exercise all or any part of the original jurisdiction, civil and criminal, vested in or for the time being capable of being exercised in such Province by the Supreme Court. If necessary, several Divisional Courts may be held concurrently in the same Province. A Divisional Court of the Supreme Court shall be fully constituted by any one of the Judges thereof, but may consist of two Judges. Any Puisne Judge appointed by the Governor to exercise jurisdiction in any Province shall be qualified and empowered to sit in any Divisional Court of such Province. The Chief Justice shall be at all times qualified to sit in any Divisional Court in any Province. Whenever two Judges shall sit in a Divisional Court the Senior Judge, according to the order of their precedence under this Ordinance, shall have two votes in case of difference in opinion. (4 of 1876, s. 24.)

23.† Subject to any appointment by the Governor, each of the Puisne Judges appointed to exercise jurisdiction in any Province shall sit as a separate Divisional Court in such Province, at such place as the Governor may appoint, on the first Monday of every month, or, if Monday be a dies non, then on the lawful day next following for the trial of criminal and civil causes, and the disposal

Districts of Lagos, Leckie, Badagry, Epe, and Ikorodu, defined by Order in Council of 31st July, 1895. Egba District constituted by Order in Council of 18th March, 1899.

+ See Order of 11th October, 1897, appointing Assizes to be held quarterly.

of all other legal business pending. At such sittings (which shall be called the Assizes) all criminal causes in which any person has been ordered to be tried on Information shall, as far as practicable, be tried and determined in priority to any other business. Any Assizes shall be adjourned at any time after such last-mentioned criminal causes shall have been disposed of if the Judge thereof is required to attend the Full Court. (4 of 1876, s. 25.)

24. All persons committed for trial before the Supreme Court Gaol delivery. shall be committed for trial at the next Assizes held in the Province in which the offence ought by law to be tried, and if more than one such Court shall be held simultaneously, then at the Court which may be directed in the commitment of such persons. Any trial may be postponed if such postponement appear expedient for the interests of justice. (4 of 1876, s. 26.)

25.* Subject to any appointment by the Governor the Court shall Court open at be open throughout the year in every Province for the transaction all times for general of the general legal business pending therein other than the trial business. upon information of criminal causes, and may at any time hear and determine any cause or matter pending in Court other than the causes last aforesaid, upon such notice to the parties and otherwise as shall be determined by Rules of Court, or as shall seem just and reasonable. (4 of 1876, s. 27.)

Courts.

26. Subject to any appointment by the Governor, and except Special when required to sit in the Full Court, it shall be lawful for any Divisional Judge appointed to exercise jurisdiction in any Province to appoint a Special Divisional Court at any place therein for the trial of any civil cause, or with the consent of the accused person, but not otherwise, of any criminal cause, whenever circumstances render it in his opinion expedient to do so. (4 of 1876, s. 28.)

27. In case the Judge before whom any Divisional or Special Adjournment Divisional Court is to be held shall from any cause be unable or of Court in fail to attend the same on the day appointed, and no other Judge absence. shall attend in his stead, the Court shall stand adjourned de die in diem until a Judge shall attend or until the Court shall be adjourned or closed by order under the hand of a Judge or by a Commissioner of the Court. (4 of 1876, s. 29.)

POWER OF TRANSFER.

Chief Justice.

28. Any cause or matter may at any time, and at any stage Power of thereof, and either with or without application from any of the transfer by parties thereto, be transferred by the Chief Justice from any Court to any other Court, and such cause may be transferred either entirely or in respect of any part thereof or procedure required to be taken therein. (4 of 1876, s. 30.)

* Month of March appointed to be a vacation by Order of 13th February,

1900.