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Manner of its exercise.

Any Court

may report

causes for transfer.

Effects of Order of transfer.

Appeal

Full Court.

29. The power of transfer shall be exercised by means of an Order under the hand of the Chief Justice and Seal of the Court, which may apply either to any particular cause or causes, matter or matters, in dependence, or generally to all such causes and matters as may be described in such Order, and in the latter case may extend to future causes or matters as well as to such as may at the time of making such Orders be in dependence. The Chief Justice may at all times cancel, alter, add to, or amend any such Order. (4 of 1876, s. 31.)

30. Any Court may, of its own motion, or on the application of any person concerned, report to the Chief Justice the pendency of any cause or matter, civil or criminal, which in the opinion of such Court ought for any reason to be transferred from such Court to any other Court or Judge. The Chief Justice shall direct in what mode and where the cause or matter shall be heard and determined. (4 of 1876, s. 32.)

31. Every Order of Transfer shall operate as a stay or prohibition of proceedings in the Court or before the Judge to whom it may be addressed in any cause or matter to which the Order extends or is applicable, and the process and proceedings in every such cause or matter, and an attested copy of all entries in the books of the Court relative thereto, shall be transmitted to the Court or Judge to whom the same shall be transferred, and such cause or matter shall be heard and determined by or before the Court or Judge to whom the same shall be assigned by such Order. (4 of 1876, s. 33.)

*APPEALS.

32. The Full Court shall hold sittings for the hearing of appeals sittings of the and other matters in Lagos, and also at such other place or places on such dates as the Chief Justice, subject to rules of Court, shall appoint. Such sittings shall be held not less than four times in every year, provided that any appeals or other matters are pending. (4 of 1876, s. 51.)

Attendance of

33. The Chief Justice may from time to time, with the approval Puisne Judges in writing of the Governor, request the attendance of one or two of at appeal sittings. the Puisne Judges at any sitting of the Full Court, and such Judge or Judges shall attend accordingly. Any Puisne Judge so called to a sitting of the Full Court shall continue to possess and may exercise any powers exerciseable by a single Judge of Appeal until the next succeeding sitting of the Full Court. (4 of 1876, s. 52.)

When appeal lies.

34. An appeal shall lie to the Full Court from all final judgments and decisions of a Divisional Court or Judge where the

Order of the Queen in Council, July 5th, 1889 (under 7 & 8 Vict. c. 69), enabling appeals to be brought from the Supreme Court to Her Majesty in Council, and providing Rules for such appeals: see Appendix.

claim thereby determined shall exceed the amount or value of fifty pounds, and by leave of the Judge making the order, but not otherwise, from all interlocutory orders and decisions made in the course of any suit provided always that the Full Court shall have power at all times, when it shall hold its sittings, to entertain any application in reference to any suit or matter pending before the Court in any Province, and to make any order and give such directions thereon as the justice of the case may require. (4 of 1876, s. 53.)

law may be reserved and

35. Any Judge may reserve for consideration by the Full Court, Questions of on a case to be stated by him, any question of law which may arise on the trial of any cause, civil or criminal, and in a civil case may stated for give any judgment of nonsuit, or for either party, subject to the opinion of the opinion of the Full Court, and in a criminal case, if a verdict of Full Court. guilty be returned, may postpone judgment, or may direct judgment to be entered provisionally, subject to the opinion of the Full Court, respiting execution of the judgment, and the Full Court shall have power to hear and determine every such question. (4 of 1876, s. 54.)

36. In any appeal pending before the Full Court, any directions Powers of a incidental thereto, not involving the decision of the appeal, may be single Judge of Appeal. given by a single Judge of Appeal, and a single Judge of Appeal may at any time make any interim order to prevent prejudice to the claims of any parties pending an appeal as he may think fit; but every such order may be discharged or varied by the Full Court. (4 of 1876, s. 55.)

*DISTRICT COMMISSIONERS.

trict Commis

37. The Governor shall have power to appoint by order in writing Power of under his hand, which shall be published in the Gazette, fit and Governor to proper persons to be District Commissioners of the Colony, who appoint Disshall have the powers and jurisdiction herein-after provided. sioners and to Every such District Commissioner shall be removeable from office remove them. and from one district to any other at the discretion of the Governor. (3 of 1883, s. 3.)

sons in case of

District Com

38. In case of the illness or absence of any District Commissioner Governor's from the District to which he has been appointed, or in case of the power to absence of such District Commissioner from the place or places in appoint perwhich the sittings of the Court are holden by him within the illness or District as aforesaid, or in case any other circumstances should absence of make it expedient so to do, it shall be lawful for the Governor to missioner or in appoint in the way and manner herein-before provided, a fit and other cases to proper person or persons to discharge wholly or in part, all or any discharge his of the duties of the office of such District Commissioner, and such person or persons shall be removeable from office and from one

See Appendix A., sects. 16-19.

duties.

Powers and

District or any part thereof to any other at the discretion of the
Governor :

and

Every person or persons so appointed, shall have wholly or in jurisdiction of part according to the terms of his or their appointment in those places to which he or they may be so appointed, the powers jurisdiction vested by this Ordinance in the actual holder of the office of District Commissioner in that District. (3 of 1883, s. 4.)

persons so appointed.

Certified

copies of proceedings before such

persons to be sent to the Registrar.

District Com

missioners to be ex officio Commis

sioners of the Court. General powers of Commissioners.

Commis

sioners to

39. If and when any person shall by the terms of his appointment be authorised under the provisions of the last preceding section to exercise magisterial functions in any place other than that in which the sittings of the Court are usually held, he shall from time to time, and at intervals in no case to exceed the calendar month, forward a certified copy of all proceedings taken before him to the Registrar of the District in which he is acting, and such Registrar shall cause the same to be filed with the Records of the Court of the District Commissioner. (3 of 1883, s. 6.)

40. Every such Commissioner shall be ex officio a Commissioner of the Supreme Court. (4 of 1876, s. 34, part.)

41. Every such Commissioner shall have power to issue writs of summons for the commencement of actions in the Supreme Court, to administer oaths, and take solemn affirmations and declarations, and receive production of books and documents, and to make such decrees and orders, and issue such process and exercise such powers, judicial and ministerial, in relation to the administration of justice, as shall from time to time be prescribed by any Ordinance, or by Rules of Court, or subject thereto by any special Order of the Court. (4 of 1876, s. 35.)

42. Every such Commissioner for and in his own District, for the purposes and to the extent of the jurisdiction conferred upon form Courts. him, and subject to the provisions of this Ordinance, shall be, and form a Court and be deemed to have and may exercise the powers of a Judge of the Supreme Court. (4 of 1876, s. 36.)

Commis

43. Every such Commissioner shall, subject to Rules of Court, sioners to have have in his District all the powers which by law belong to or are capable of being exercised by two justices of the peace sitting together. (4 of 1876, s. 38.)

powers of

justices.

Commis

to the direc

44. Every such Commissioner, and Officer attached to a Commissioners subject sioner, shall be subject to the orders and directions of the Court as fully as any other Officer of the Court, and every proceeding before a Commissioner shall be subject to the directions and control of the Court. (4 of 1876, s. 39.)

tions of the Court.

Jurisdiction of

45. In Civil matters, every District Commissioner shall have District Com- jurisdiction within the District to which he has been appointed: 1. In all personal suits whether arising from Contract, or from

missioners in civil cases.

Tort, or from both, where the debt or damage claimed
whether as balance of account or otherwise is not more than
Twenty-five pounds;

2. In all suits between Landlord and Tenant for the possession
of any lands or houses claimed under lease, or refused to be
delivered up where the annual value or rent does not exceed
Twenty-five pounds;

3. And under and subject to Order XIV. of the Second Schedule hereto to grant in any suit instituted, any Injunctions or Orders to stay waste or alienation, or for the detention and preservation of any property the subject of such suit, or to restrain breaches of Contract or Torts;

Provided that where a Civil suit or matter relates to any claim of such a nature as in the section herein-before described, it shall be lawful for any District Commissioner, if he shall think fit, on the application of all the parties to the suit, not being under any disability, and upon their consent in writing, being filed in the Court, or reduced into writing upon oral examination of the parties, to hear and determine any suit, although the amount or value claimed may exceed the amount or value in this section herein-before described: provided also, that the amount or value claimed shall not be more than double that in this section herein-before described. (3 of 1883, s. 7.)

46. In Criminal matters, every District Commissioner shall have Their jurisjurisdiction within the District to which he has been appointed for diction in the summary trial and determination of criminal cases, that is to matters.

say,

Where any person is charged with any offence or act punishable, or in respect of which any penalty may be recovered, or order made for the payment of money according to law upon summary conviction;

Where any person is charged with any offence not being felony, or being larceny, embezzlement, or knowingly receiving stolen property, such offence appearing to be of such nature, that, if proved, it would be adequately punished with any one or other of the following punishments; viz. :

1. Imprisonment for not more than Three months with or without hard labour; or

2. Imprisonment for not more than Forty-two days, either with or without hard labour, and fine not exceeding Twenty pounds enforced by distress, or by imprisonment for not more than Forty-two days, either with or without hard labour; or

3. Fine not exceeding Twenty-five pounds enforced by distress or by imprisonment with or without hard labour, for not more than Three months. (3 of 1883, s. 8.)

criminal

47. The Chief Justice may, by Special Order under his hand The Chief

Justice may,

with the approval of the Governor,

increase their jurisdiction.

Commissioner may refer

matters to the Court.

Appeals from Commissioners.

Minutes to be

Court where

and the Seal of the Court, and with the approval in writing of the Governor, authorise an increased jurisdiction in Civil or Criminal matters, or in both, to be exercised by the District Commissioner for the time being, in the District named in the Order, and to the extent specified in the said Order. Such Special Order may at any time be revoked by the Governor by writing under his hand, or by the Chief Justice by an instrument under his hand and the Seal of the Court, with the approval in writing of the Governor, but no such revocation shall prejudice the issue of a new Special Order in the same or in different terms to the same Commissioner or to the person acting temporarily as his substitute. (3 of 1883, s. 9.)

48. If upon the application of any party interested, or without such application, any cause or matter appears to a Commissioner proper for the decision of the Court, the Commissioner may report the same to the Court, and the Court may either dispose of the cause or matter, or refer the same back to the Commissioner with such directions as it may think fit. (4 of 1876, s. 40.)

49. Any person affected by any Order or decision of a Commissioner may appeal to the Court. Such appeal shall be subject to such conditions and have such effect as may be provided by any Ordinance or Rules of Court. (4 of 1876, s. 41.)

50. Whenever any punishment as for a Contempt of Court shall transmitted to be imposed by a Commissioner, a Minute shall be made and kept Commissioner by him recording the facts of the offence and the extent of the punishes for punishment, and a copy of such Minute shall be forthwith transmitted by such Commissioner to the Supreme Court. (4 of 1876, 8. 42.)

contempt.

Courts to

and refer

51. Every reference to the Court by, or appeal from, a Commiswhich appeals sioner, shall be to the Divisional Court exercising jurisdiction in the Province wherein the District of such Commissioner is situated, and if there are more such Courts than one, then to the Court having its most usual place of sitting nearest to the station in such District where such Commissioner is resident. (4 of 1876, s. 43.)

ences are to be made.

Transmission of proceedings.

Monthly lists to be sent to Chief Justice.

52. Whenever any cause or matter is removed from a Commissioner to the Court, the Commissioner shall transmit to the proper Officer of the Supreme Court the process and proceedings therein, and a copy of all entries in the books of the Commissioner relative thereto, and such other documents as the Court directs. (4 of 1876, s. 44.)

53. At the expiration of every calendar month every District Commissioner shall forward to the Chief Justice on such Form as the Chief Justice may, from time to time, direct, a complete list of all criminal cases which shall have been decided by the District Commissioner during such month, setting out the name of the defendant, the offence with which he was charged, and if convicted,

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