the date of such conviction, and the amount of the penalty or the term of imprisonment, as the case may be:

Provided always, that it shall be lawful for the Chief Justice, in the exercise of his discretion, to direct that any District Commissioner shall furnish such lists at periods of less than one calendar month. (7 of 1884, s. 1.)

Chief Justice

54. Every list transmitted to the Chief Justice in pursuance of Lists to this Ordinance, shall operate as an appeal on behalf of every con- operate as victed person whose name is included therein; and it shall be appeals to lawful for the Chief Justice, without hearing any argument, to reverse, or amend any judgment which shall have been given contrary to law; or to set it aside and order an entry to be made. in the Minutes of the District Commissioner's Court that, in his judgment, the person convicted ought not to have been convicted; or may order further particulars to be given by the District Commissioner, and pending the delivery of such particulars, may order any person who shall have been convicted and imprisoned, to be liberated on bail or on his own recognizances, or make such other order as justice may require, and may make all necessary and proper consequential directions:

Provided always, that where a person convicted shall have applied for a special case, or where the District Commissioner shall have reserved any point of law for the consideration of a Divisional Court, and shall have stated a case thereon pursuant to the provisions of the " Criminal Procedure Ordinance, 1876," the Chief Justice shall not exercise the powers, by this Section, conferred upon him, but the case shall be determined by the Divisional Court for whose opinion such case shall have been stated. (7 of 1884, s. 2.)

55. It shall be lawful for the Chief Justice, instead of deciding Power to upon any case included in the lists, to order a District Commissioner order stateto state a case for the consideration of the Divisional Court of the ment of a special case to Province in which the District of such Commissioner is situate, Divisional and thereupon the Divisional Court shall have power to decide the same in all respects as though a case had been applied for by the person convicted in the manner and within the time specified in the "Criminal Procedure Ordinance, 1876." (7 of 1884, s. 3.)

56. Pending the decision of a Divisional Court upon a case ordered to be stated for its opinion under the provisions of the last preceding section hereof, it shall be lawful for the Chief Justice to order a person who shall have been convicted and imprisoned by a District Commissioner to be liberated on bail, or on his own recognizances. (7 of 1884, s. 4.)

Court.

Liberation of

prisoner on bail or recognizances.

execute

57. Every Commissioner shall, when required by the Court, Commisexecute any writ or order or process issuing from the Supreme sioners to Court, and shall take security from any person named in a writ or process order for his appearance in the Supreme Court, and shall, in Supreme default of security being given, or when the Supreme Court so Court.

of

Act of Commissioners not affected by

errors as to

venue.

Jurisdiction of Commissioners concurrent with

orders, send the person to the place named in the writ. (4 of 1876, s. 46.)

58. No act done by or under the authority of a District Commissioner shall be void or impeachable by reason that such act was done, or that any act, offence, or matter in respect of or in relation to which such act was done, occurred, or was situated beyond the limits of the District for which such Commissioner may have been appointed. If the defendant in any civil or criminal cause wherein any such objection might but for this enactment be of force shall at or before, but not after the time when he is required to state his answer or to plead in such cause or matter before the Commissioner, allege specially any such objection, the Commissioner shall consider the same, and if it appears to him that there is primâ facie proof of the objection he shall report such cause or matter to the Court, and the Court shall make an order directing where the cause or matter shall be heard and determined, and such order shall not be subject to appeal. (4 of 1876, s. 47.)

59. No jurisdiction conferred upon any Commissioner shall in any way restrict or affect the jurisdiction of the Supreme Court, but the Supreme Court shall have in all causes and matters, civil that of Court. and criminal, an original jurisdiction concurrent with the jurisdiction of the several Commissioners. (4 of 1876, s. 48.)

Chief Justice

Commissioners of affidavits or for taking evidence.

60. The Chief Justice may appoint under his signature and the may appoint Seal of the Court, from time to time, such and so many persons as may be requisite to be Commissioners for taking affidavits and declarations and receiving production of documents, or for taking the examination of witnesses on interrogatories or otherwise which may be necessary to be taken in respect of any proceedings in the Court, and any Order of the Court for the attendance and examination of witnesses or production of documents before any such Commissioner within the jurisdiction of the Court shall be enforced in the same manner as an Order to attend and be examined or produce documents before the Court. (4 of 1876, s. 49.)

Protection of 61. No action shall be brought against any Commissioner in Commissioner respect of any act or order bonâ fide performed or made by him in from actions. the execution, or supposed execution, of the powers or jurisdiction

Police

Magistrate of Lagos.

vested in him, but every such act or order if in excess of such powers and jurisdiction shall be liable to be revised, altered, amended, or set aside upon summary application to the Court. (4 of 1876, s. 50.)

POLICE MAGISTRATE OF LAGOS.

62. It shall be lawful for the Governor to appoint an officer entitled the Police Magistrate of Lagos, who shall be ex officio a Commissioner of the Supreme Court. (8 of 1895, s. 1, part.)

63. The Police Magistrate shall reside at Lagos, and have and Local jurisexercise jurisdiction in and over such District as shall from time to diction. time be assigned to him by Order in Council. Unless and until any such Order be made the Police Magistrate shall have and exercise jurisdiction in and over the District of Lagos as defined by Order in Council made under this Ordinance. (8 of 1895, s. 2.)

64. The jurisdiction powers and duties of the Police Magis- Legal juristrate shall be in all respects the same as those of a District Com- diction. missioner, as constituted by the Ordinances Rules and Orders for the time being in force: and all such Ordinances Rules and Orders shall apply to the Police Magistrate and to the proceedings in and appeals from his Court in like manner as to a District Commissioner, and to proceedings in and appeals from a District Commissioner's Court. (8 of 1895, s. 3.)

detailed for

65. It shall be lawful for the Governor at any time to order the Police MagisPolice Magistrate to perform any other duty, and to reside for such trate may be purpose elsewhere than in Lagos, and in such case to appoint other duties another officer temporarily to perform the duties of Police and a subMagistrate, and also, whenever he shall deem it necessary for any stitute cause, from time to time to appoint an Acting Police Magistrate. Such officer, or Acting Police Magistrate, shall, when so appointed, and during the continuance of such appointment, exercise all the powers and perform all the duties of the Police Magistrate. (8 of 1895, s. 9.)

CORONERS.†

appointed.

66. The Police Magistrate and every District Commissioner Police Magisshall be Coroner for the District to which he has been appointed. trate and (3 of 1883, s. 10, and 8 of 1895, s. 6.)

District Commissioners to be Coroners.

appoint

67. The Governor shall have power to appoint such persons as Power of he may think fit, to be Deputy Coroners for each District of the Governor to Colony or such part thereof as shall be prescribed by any Order as Deputy aforesaid, and such Deputy Coroners, for such time as may be set Coroner: forth in the terms of their appointment, shall have the same powers as are capable of being exercised by the Coroners of the respective Districts or parts thereof to which they are so appointed:

Every such Deputy Coroner shall be removable from office at and to remove the discretion of the Governor. (3 of 1883, s. 11.)

him.

68. In case the Police Magistrate or any District Commissioner His power to shall be unable from illness to perform his duties as Coroner, it appoint Deputy shall be lawful for him in the absence of a Deputy Coroner ap- Coroner when pointed by the Governor as herein-before mentioned, to appoint in District Comwriting, under his hand, a fit and proper person to act as Deputy able to perCoroner in any case in which he may be called upon so to do, and form his

* See Appendix A., sect. 21.

† See Appendix A., sects. 22-29.

missioner un

duties.

Such Deputy Coroner to send report of inquest to District Com

missioner.

Sheriff.

Senior
Assistant

Sheriff of

any such Deputy Coroner shall have the same powers as the Coroner for the investigation of any case for the consideration of which the Coroner may appoint him. (3 of 1883, s. 13.)

69. Immediately after the termination of any inquest held under the provisions of the two last preceding sections, the Deputy Coroner shall forward to the Police Magistrate or District Commissioner, as the case may be, for whom he shall have acted as Deputy, the notes taken by him at such inquest, and all forms, documents and papers relating thereto, together with a report in writing signed by him containing any recommendation or observations on the case which he thinks fit to make. (3 of 1883, s. 14.)

SHERIFF.

70. The Commissioner of Police shall be ex officio Sheriff of the Colony, and may lawfully execute the office of Sheriff at any place within the jurisdiction of the Supreme Court. (14 of 1897, s. 53.)

Provided that the Governor may at any time and for such time as he may think fit appoint any other person to be Sheriff of the Colony in place of the said Commissioner. (7 of 1901, s. 2.)

71. In the event of the absence from the Lagos District of the Commissioner Colony, or of the illness, or incapacity of the Sheriff, the senior or to be Deputy sole Assistant Commissioner of Police resident in the Colony shall ex officio be Deputy Sheriff of the Lagos District, and may lawfully execute the office of Sheriff at any place within the jurisdiction of the Supreme Court. Such Deputy Sheriff shall be removable from office at the discretion of the Governor. (14 of 1897, s. 54.)

Lagos District

in certain cases.

Deputy
Sheriffs.

Sheriff's fees.

Execution of process.

72. The Governor may appoint a person who shall be resident in each District to be Deputy Sheriff therein, and every such Deputy Sheriff shall receive writs and process of the Court in the District in which he is stationed, directed to the Sheriff, and be charged with the execution thereof and making return thereto, and with the execution generally of the duties of the Sheriff in such District. Every such Deputy Sheriff shall be removable from office at the discretion of the Governor.

Unless and until such appointment as aforesaid is made, the District Commissioner of any District shall be ex officio Deputy Sheriff therein. (14 of 1897, s. 55.)

73. All fees received by any Sheriff, Acting Sheriff, or Deputy Sheriff, in respect of his office as such, shall be paid into the Treasury, and form part of the general revenue of the Colony. (14 of 1897, s. 56.)

74. Every duty of the Sheriff in the execution of any process of the Court may be performed by such Officers or Constables of the Police Force, or other persons, as may be authorized by the Sheriff; and any Officer or Constable, or other person, who is in

possession of any such process shall be presumed to be duly so authorized, and shall for all the purposes of such execution, and connected therewith, be an Officer of the Court. (4 of 1876, s. 58.)

Sheriff.

75. The Sheriff shall not be liable to be sued for any act or Protection of omission of any Officer, Constable, or other person in the execution of any process, which shall have been done, or may have occurred, either through disobedience or neglect of the orders or instructions given by the Sheriff. (4 of 1876, s. 59.)

OFFICERS OF COURT.

Courts.

76. A Registrar and Interpreter shall be attached to every Officers of Divisional Court, who shall respectively perform such duties in Divisional execution of the powers and authorities of the Court, as may from time to time be assigned to them by rules of Court, or subject thereto by any special Order of the Court. (4 of 1876, s. 61.)

77. Subject to such rules or orders, the Registrar in each Court Duties of shall issue all summonses, warrants, precepts, and writs of execu- Registrars. tion, and shall register all orders and judgments, and shall keep a record of all proceedings of the Court, and shall have the custody and keep an account of all fees and fines payable or paid into Court, and of all moneys paid into or out of Court, and shall enter an account of all moneys paid into or out of Court, and shall enter an account of all such fees, fines, and moneys as and when received, in a book belonging to the Court, to be kept by him for that purpose, and shall from time to time, at such times as shall be required by the regulations of the Treasury Department, or as may be directed by the Court, submit his accounts to be audited and settled by the Auditor, and shall pay into the Treasury the amount of fines and fees in his custody, and, subject to such regulations or directions, such audits and payments shall take place not seldomer than once in every month. (4 of 1876, s. 62.)

78. Subject to such rules or orders as aforesaid, every Registrar Taxing shall be Taxing Master for the Court to which he belongs, and Master. shall tax all bills of costs in accordance with the scale of fees for the time being in force, subject to review of such taxation by the Court. (4 of 1876, s. 63.)

79. The Bailiffs shall be appointed by the Sheriff subject to the Bailiffs. approval of the Court, and may by themselves or their assistants serve and execute any process issued out of the Court, and shall at all times when not actually engaged in such service or execution attend the Court and shall obey all directions of the presiding Judge for preserving order and decorum in the Court. (4 of 1876, ss. 64 and 65, part.)

80. The Registrar and Interpreter of the Divisional Court usually Officers of the presided over by the Chief Justice (who shall be called respectively Full Court.