part of the said town, and also when necessary to declare for the purposes of this Ordinance the limits and boundaries thereof; In every such Proclamation there shall be specified a date at which the Ordinance shall come into operation as respects the part or parts of the town mentioned in such Proclamation. 3. All owners of Swamp lands within the limits to which this Swamp lands Ordinance is hereby, or from time to time afterwards shall be to be filled up by Owners. extended and applied, shall fill up the same with sand, earth, gravel, stones, bricks, ashes or other materials of the like nature within the time which shall be fixed in any Notice to that effect issued under the authority of the Governor; Every such Notice shall be inserted once at least in the Lagos Publication of Government Gazette, and shall also be affixed to the Court House Notice. at Lagos, and published in such other manner as the Governor may consider best for apprising the persons affected thereby of the purport and effect of such Notice. land being 4. If any question shall at any time arise as to any land being Decision of Swamp land within the meaning of this Ordinance, or whether any disputes as to Swamp land is being or has been sufficiently and effectually filled Swamp, or its up, every such question shall be decided by the Colonial Surveyor filling up. of Lagos after inspection of the land and upon considering the report which the Colonial Surgeon of Lagos shall make, when required by the Governor, respecting the state of such land. 5. If upon the elapse of the time specified in such Notice any Special Notice Swamp land to which the same is applicable shall not be filled to Owners up failing to fill as aforesaid the Governor may direct a Special Notice to be given up Swamps. to the owner of such land requiring him to fill up the same within a time specified therein, which time shall be fixed in each case by the said Colonial Surveyor and shall be such as in his opinion may be fairly and reasonably sufficient for performing the work required: the extent and boundaries of the land so required to be filled up shall be described in the Notice; Notice. Every such Special Notice shall be served personally on such Service of owner, or if he cannot be found shall be left at his last usual place Special of abode or business, and in case no owner can be ascertained or found shall be left with the occupier of some house or near such land, if there be any, to be given to such owner, and shall also be affixed on some conspicuous place on or near such land, and to the door of the Court House. 6. If upon the elapse of the time specified in the Special Notice, Power to sell the Swamp lands included therein shall not be filled up as aforesaid Swamp lands. the Governor may direct the said lands to be exposed for sale by public auction to the highest bidder; The purchaser shall forthwith on the completion of the sale pay down an instalment of the purchase money which shall be expressed in the articles of sale (not exceeding one sixth part thereof), other Instalment of purchase money to be paid forth with on Sale. Balance of purchase money. Condition of Conveyance to Lands vested in Crown. If no pur may be taken for Public Service. wise the sale shall be void and the land may be immediately or at a future time again exposed for sale; If the purchaser fail to pay the balance of the purchase money within the time expressed in the articles of sale (which shall not be less than twenty-one days), the sale shall be void and the instalment paid shall be forfeited to the Crown; It shall be a condition of the sale and purchase that the purchaser of the land shall fill up the same within such time as shall be expressed in the articles of sale: If he fail to do so within the said time it shall be lawful for the Governor to order that the land shall be again exposed for sale by public auction. 7. Upon payment of the price into the hands of the Treasurer, the purchaser shall be entitled to receive and the owner of the land shall be bound to grant a conveyance of the said lands; and in case the owner shall refuse or neglect to grant such conveyance or no owner shall appear or be found after the elapse of four months from the date of the sale the purchaser may apply to the Supreme Court, and the Court shall upon satisfactory proof of the facts grant a certificate to such purchaser to the effect that he has purchased the right title and interest of the owner of such lands, and such certificate shall be taken and deemed to be a valid transfer of such right title and interest; In case such land shall have become vested in the Crown the Governor shall make a grant thereof to the purchaser in accordance with any law for the time being regulating grants of land belonging to the Crown in the Colony of Lagos. 8. If no person shall purchase any lands exposed for sale under chaser, Lands this Ordinance it shall be lawful for the Governor in Council at any time within three months from the date of such exposure, if he shall consider it advantageous for the public service, to order that the lands shall be taken for the service of the Colony upon reasonable compensation being made to the owner; How vested. Disposal of Purchase money. Expenses to be deducted from Com pensation money. The Colonial Secretary upon production in the Supreme Court of any order of the Governor under this Ordinance directing the lands therein specified to be taken for the service of the Colony shall be entitled to receive a certificate of title to the lands, which certificate shall be in the form and have all the effects of a Certificate of Title under the Public Lands Ordinance, 1876. 9. The proceeds of every sale of land shall be paid over to the owner of the land after deducting therefrom the expense of the Special Notice, and of one half the expenses of the sale and of the conveyance to the purchaser, the other half thereof being paid by the purchaser; When compensation in money is paid for any land taken for the service of the Colony the same shall be paid after deducting therefrom the expense of the Special Notice and the expense (if any) which may have been incurred in exposing the land for sale; of condition Provided that where land shall be resold in consequence of the Deduction purchaser failing to fill up the same there shall be deducted from where failure any purchase money or compensation in money payable to such of Sale. purchaser a portion not exceeding one sixth thereof. interest how 10. All questions respecting the amount or payment or distri- Disputed combution of any compensation for any lands taken for the service of pensation or the Colony under this Ordinance, and all cases of disputed or arranged. conflicting title or claims to any lands so taken, or to any lands sold under this Ordinance, or to the price or value thereof, shall be arranged as nearly as may be in accordance with and subject to the provisions of the Public Lands Ordinance, 1876. Service may 11. Any lands taken under this Ordinance for the service of Lands taken the Colony may be sold by direction of the Governor at prices not for Public less than may be in accordance with any law for the time being be sold. regulating the sale of land belonging to the Crown in the Colony. No. 16.-1877. AN ORDINANCE for regulating the relations between [23rd July, 1877. Whereas it is expedient to facilitate and regulate in some respects the employment of persons under Contracts of Service, and to provide for the determination of questions arising in relation thereto; 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 Ordinance, 1877." "The Master and Servant Short title. 2. In this Ordinance, the following words and expressions shall Definition of have the several meanings hereby assigned to them, unless there certain terms. be anything in the subject or context repugnant to such construc tion: "Employer" shall include any Foreign or Colonial Government or Chartered Company, or any Consul or Agent of such Limitation of Certain con writing. Canoeman, Hammockman, Carrier, Messenger, Labourer, "Employed shall include any Servant, Artificer, Journeyman, Handicraftsman, Canoeman, Hammockman, Carrier, Messenger, Labourer, Apprentice or other person, whether under the age of twenty-one years or above that age, who has entered into a Contract of Service with any Employer; "Contract of Service" shall include any Contract whether in writing or oral to serve for any period of time, or to execute any work, and any Indenture or Contract of Apprenticeship, whether such Contract or Indenture has been or is made or executed before or after the commencement of this Ordinance; "Parties" shall include the Employer and Employed under any Contract of Service; "Writing" shall include printing; "The Jurisdiction" shall mean the local limits of the jurisdiction of the Supreme Court of the Colony. 3. This Ordinance shall not apply to any Contract of Service made under or governed by any Imperial Law relating to Shipping, nor affect the Rights and Remedies of the parties thereto. Constitution of Contracts. 4. No Contract of Service shall be of any force or validity where tracts to be in the whole or any part thereof is not to be performed within the jurisdiction, nor be in force for any greater or longer space of time than six months from the making of the Contract, unless the same or a sufficient memorandum thereof shall be in writing and signed with the names or marks of the contracting parties. Attestation of written contracts. Particulars to 5. No written Contract of Service shall be enforced as against any party who from want of education is unable to read and understand writing, unless the Contract shall have been assented to by such party upon the same being read over and explained to him in the presence of some District Commissioner, Justice of the Peace, or Collector of Customs, and shall bear an attestation under the hand and seal of such District Commissioner, Justice of the Peace, or Collector to the effect that such Contract was entered into voluntarily by the parties and with full understanding of its meaning and effect, but nothing herein contained shall be construed to prevent any Contract although not entered into in conformity with the provisions of this Section from being enforced as against any party qualified to read and understand writing. 6. Every written Contract of Service shall specify as accurately be specified in as may be, the nature of the Service in which the Employed is to Contracts. be engaged, and the place or limits within which he is to perform such service, the remuneration to be paid, and the time or times at which it is payable. 7. Where the whole or any part of the service is or may be Stipulations required to be performed at any place or places not within the where service to be given jurisdiction the Contract shall specify every such place by name, beyond jurisand shall contain a stipulation by the Employer to provide the diction." Employed with sufficient means of returning, if he shall desire to do so, at the termination of the Contract to the place at which he was hired: The Contracts mentioned in this Section shall not be attested except by the Police Magistrate or Collector of Customs at Lagos, or such other Officer as may at any time hereafter be authorised by the Governor to that effect. ployer non 8. Where the Employer does not reside or carry on business Security within the jurisdiction, he shall give security by Bond with one or where Emmore Sureties resident within the jurisdiction, conditioned for the resident. due performance of the Contract, in such sum as the District Commissioner or other Officer attesting the Contract may consider reasonable, not being less than one-half the amount or value which by the Contract may become due and payable to the Employed nor more than such amount or value. (16 of 1877, s. 8.) Governor Provided that it shall be lawful for the Governor, at any time Proviso. and from time to time, by an order or orders in writing to direct that the provisions of this Section shall not apply to any Employer or employer. Employers named in such order. Any such order, or a statement in writing by the Colonial Secretary that such order has been made shall be sufficient proof of such order having been made without proof of the signature of such order or statement, unless the District Commissioner or other officer sees reason to doubt its genuineness: and upon production to him of such order or statement such District Commissioner or other officer may attest the contract without requiring security to be given by the Employer, anything in this Ordinance to the contrary notwithstanding. In all cases where no such order or statement as aforesaid is produced it shall be lawful for the District Commissioner or other officer to take security by bond or by a deposit of money into Court. (1 of 1895, s. 3.) may exempt 9. Two duplicate copies of every Contract attested as aforesaid, Duplicates to shall be attested along with the original: one duplicate shall be be attested. delivered to the Employer, and the other to the Employed. 10. No District Commissioner or other Public Officer shall attest Attestation to any Contract of Service where the four next preceding Sections are be withheld not complied with. from defective contracts. 11. The original of every attested Contract shall be deposited Custody of with and preserved by the District Commissioner of the District Originals: |