Oaths to be taken by Officers named in first part of Schedule. Oaths to be taken by Officers 8. The Oath of Allegiance and Official Oath shall be tendered to, and taken by each of the Officers named or included in the first part of the Schedule annexed hereto as soon as may be after his acceptance of office, and in the manner in that behalf mentioned in the first part of that Schedule. 9. The Oath of Allegiance and Judicial Oath shall be tendered to, and taken by each of the Officers named in the second part of the said Schedule, as soon as may be after his acceptance of office, second part of and in the manner in that behalf mentioned in the second part of the said Schedule. named in Schedule. Legislative Councillors' Executive Prohibition of oath of allegiance except in accordance with Ordi nance. 10. The Oath of Allegiance shall be taken by each Legislative Councillor, and shall be tendered by the Governor or presiding Member at a sitting of the Legislative Council. 11. The Oath of Allegiance and the Oath of an Executive Councillor shall be taken by each Executive Councillor and such Oaths shall be tendered by the Governor or presiding Member at a sitting of the Executive Council. 12. No person shall be required or authorised to take the Oaths of Allegiance, Supremacy and Abjuration, or any of such Oaths, or any Oath substituted for such Oaths or any of them, or to make any declaration to the like effect of such Oaths or any of them, except the persons required to take the Oath of Allegiance by this or some other Ordinance. The name of Miscellaneous Provisions. 13. Where in any Oath under this Ordinance the name of Her the Sovereign present Majesty is expressed, the name of the Sovereign of the United Kingdom for the time being shall be substituted from time to time. for the time being to be used in oaths. Affirmation in lieu of oath. Penalty on not taking required oath. 14. When an Oath is required to be taken under this Ordinance, every person for the time being by law permitted to make a solemn affirmation or declaration, instead of taking an Oath may instead of taking such Oath make a solemn affirmation in the form of the Oath hereby appointed, substituting the words "solemnly, sincerely and truly declare and affirm for the word " omitting the words "So help me God." swear, "and 15. If any person declines or neglects where any Oath or solemn declaration required to be taken by him under this Ordinance is duly tendered to take such Oath, or make such affirmation, he shall, if he has already entered on his office, vacate the same; and if he has not entered on his office, be disqualified from entering on the same, but no person shall be required in respect of the same appointment to the same office, to take such Oath or make such affirmation more than one time. AN ORDINANCE to provide for the more convenient administration of "The Extradition Acts, 1870 and 1873." [4th April, 1877. Whereas by the Act of the Imperial Parliament known as "The Extradition Act, 1870," it is amongst other things enacted that the said Act when applied by Order in Council, shall, unless it is otherwise provided by such Order, extend to every British * 23rd Nov. 1877, Order of Queen in Council directing the Ordinance to have effect in the Colony as if it were part of the Extradition Act, 1870. Order of the Queen in Council bringing Ordinance into operation, proclaimed January 12th, 1878, see Appendix. For Extradition Acts, 1870 and 1873, see Appendix. Refer to 44 & 45 Vict. c. 69, The Fugitive Offenders Act. Short title. Powers of missioners in relation to Extradition under the possession, but with the following among other modifications, namely: No warrant of a Secretary of State shall be required, and all powers vested in, or acts authorised or required to be done under the said Act by the Police Magistrates and the Secretary of State, or either of them, in relation to the surrender of a fugitive criminal, may be done by the Governor of the British possession alone; And any prison in the British possession may be substituted for a prison in Middlesex. And whereas by the said Act it is also enacted that : If by any law or Ordinance made before or after the passing of the said Act, by the legislature of any British possession, provision is made for carrying into effect, within such possession, the surrender of fugitive criminals who are in, or suspected of being in such British possession, Her Majesty may, by the Order in Council applying the said Act in the case of any foreign state, or by any subsequent Order, either Suspend the operation within any such British possession of the said Act, or any part thereof, so far as it relates to such foreign state, and so long as such law or Ordinance continues in force there, and no longer; Or direct that such law or Ordinance, or any part thereof, shall have effect in such British possession, with or without modifications and alterations, as if it were part of the said Act. And whereas by another Act of the Imperial Parliament known as "The Extradition Act, 1873," it is enacted that the said Act. shall be construed as one with "The Extradition Act, 1870," and that the said two Acts may be cited together as "The Extradition Acts, 1870 and 1873." And whereas it is expedient to provide for the more convenient administration within the Colony of "The Extradition Acts, 1870 and 1873," by conferring on the District Commissioners of the Colony the like powers and authorities in relation to the surrender of Fugitive Criminals as are by the said Acts vested in Police Magistrates and Justices of the Peace in the United Kingdom. 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: 1. This Ordinance may be cited as "The Extradition Ordinance, 1877." 2. All powers vested in and acts authorised or required to be District Com- done by a Police Magistrate or any Justice of the Peace in relation to the surrender of Fugitive Criminals in the United Kingdom, under "The Extradition Acts, 1870 and 1873," are hereby vested in, and may in the Colony be exercised and done by any District Imperial Acts. Commissioner, in relation to the surrender of Fugitive Criminals under the said Acts. No. 12.-1877. AN ORDINANCE to make provision relating to suits by Whereas it is expedient to make provision relating to Suits by and against the Government, and for the recovery of costs in such cases and to assimilate the proceedings as nearly as may be to the course of practice and procedure in suits between subject and subject; Be it therefore enacted by the Governor of the Colony of Lagos, by and with the advice and consent of the Legislative Council thereof as follows: 1. This Ordinance may be cited as "The Petitions of Right Short title. Ordinance, 1877." 2. Claims by the general Government of the Colony or the Claims by the Government of any Settlement against any private person shall be Government against brought by the Attorney-General or by any Officer authorised by private law to prosecute such claims on behalf of the Government. parties. against the 3. All Claims against the general Government of the Colony, or Claims by against the Government of any Settlement, being of the same private parties nature as claims which may be preferred against the Crown in Government. England by Petition, Manifestation, or Plea of Right, may, with the consent of the Governor, be preferred in the proper Divisional Court of the Supreme Court in a suit instituted by the Claimant as Plaintiff against the Attorney-General as Defendant, or such other Officer as the Governor may from time to time designate for that purpose. 4. The Claimant shall not issue a Writ of Summons, but the How suit Suit shall be commenced by the filing of a Statement of Claim in commenced. the Supreme Court and the delivering of a copy thereof at the office of the Attorney-General or other Officer designated as aforesaid, and no fee shall be payable on filing or delivering such Statement. 5. The Registrar shall forthwith transmit the Statement of Fiat of Claim to the Colonial Secretary, and the same shall be laid before Governor. the Governor. In case the Governor shall grant his consent as Prosecution of aforesaid, the Statement of Claim shall be returned to the Supreme Suit. Court, with the fiat of the Governor endorsed thereon, and the claim shall be prosecuted in the Divisional Court in which the same shall have been filed, or in such other Court as the Chief Justice shall direct. Service of Judgment and proceedings thereon. The Supreme Court Ordinance incorporated. 6. All documents which in a suit of the same nature between private parties would be required to be served upon the Defendant shall be delivered at the office of the Attorney-General or other Officer designated as aforesaid. 7. Whenever in any such Suit a decree shall be made against the Government, no execution shall issue thereon, but a copy of such decree under the Seal of the Court shall be transmitted by the Court to the Governor, who, if the decree shall be for the payment of money shall by Warrant under his hand direct the amount awarded by such decree to be paid, and in the case of any other decree shall take such measures as may be necessary to cause the same to be carried into effect; or, in case he shall think fit, he may direct that any competent appeal shall be entered and prosecuted against any decree. 8. So far as the same may be applicable, and except in so far as may be inconsistent with this Ordinance, all the powers, authorities and provisions contained in the "Supreme Court Ordinance, 1876," or in any enactment extending or amending the same, and the practice and course of procedure of the Supreme Court of the Colony shall extend and apply to all suits and proceedings by or against the Government, and in all such suits, costs may be awarded in the same manner as in suits between private parties. Short title. Application of No. 15.-1877. AN ORDINANCE to make better provision for the filling up of Swamp lands in the town of Lagos. [23rd July, 1877. Whereas it is necessary to provide more effectually for the filling up of Swamp lands in the town of Lagos; Be it therefore enacted by the Governor of the Colony of Lagos, by and with the advice and consent of the Legislative Council thereof as follows: 1. This Ordinance may be cited as "The Swamps Improvement Ordinance, 1877." 2. This Ordinance from and after the commencement thereof shall extend and apply to all parts of the town of Lagos situated between the Marina and Broad Street inclusive of those Streets; It shall be lawful for the Governor at any time and from time Proclamation. to time by Proclamation to extend this Ordinance to any other Extension by |