out hard labour for a term which may extend to three months, or with fine which may extend to twenty pounds, or with both. cases of conviction. 35. The provisions of the Criminal Procedure Ordinance, 1876, Appeal in respecting appeals and references, and all enactments extending or amending the same, shall apply in the case of any conviction taking place under the last preceding section. distress or 36. Where on the hearing of a Complaint any Order is made for Recovery of the payment of money and the same is not paid as directed, the money by same shall be recoverable by distress of the goods of the party Imprisonment failing to pay, and in default by imprisonment of such party in in default. the manner prescribed in the case of a person ordered to pay money under the Criminal Procedure Ordinance, 1876, but no such imprisonment shall be for more than Three months. 37. From and after the expiration of the term of any such Imprisonment imprisonment, the money directed by such Order to be paid shall to discharge be considered as liquidated and discharged. from pay ment. arrestable. 38. No wages or any portion thereof which may be accruing Accruing due to the Employed under any Contract of Service, after the wages not date of such Order, shall be assessed to the amount of compensation or damages and costs directed to be paid by him under any such Order or Warrant of Distress, or be seizable or arrestable under the same. 39. No wages shall become payable to or recoverable by any Wages not to Employed for or during any term of his imprisonment under any accrue during Warrant of Committal under this Ordinance. Imprison. ment. money re 40. Where the Court imposes any fine, or enforces payment of Application of any sum secured by a Recognizance or Bond, the Court may direct fines and that such fine or sum when recovered, or any part thereof it covered. thinks fit, shall be applied to compensate any Employer or Employed for any wrong or damage sustained by him by reason of the act or thing in respect of which the fine was imposed, or by reason of the non-performance of the Contract of Service. 41. Upon the hearing and determination of any Complaint, the Parties respective parties to the Contract of Service, their husbands or competent wives shall be competent Witnesses. Witnesses. appeal not 42. Except as in this Ordinance expressly otherwise provided, Orders under and subject to the provisions of sections 53 to 56 of the Supreme Ordinance Court Ordinance, 1876, every Order or determination of the Court final where before which any Complaint or proceeding is brought or taken expressly under this Ordinance shall be final and conclusive. (7 of 1884, given. s. 5, part.) Foreign Contracts of Service. Form of Attestation where party illiterate. Saving as to Indictable offences. Application of Supreme Court Ordinance. Miscellaneous Provisions. 43. Nothing in this Ordinance shall prevent any Employer or Employed from enforcing their respective rights and remedies for any breach or non-performance of any lawful Contract of Service made in the United Kingdom or elsewhere out of the jurisdiction, but the respective rights of such parties under such contract as well against each other as against third parties invading such rights shall and may be enforced in the same manner as other Contracts or rights arising thereout may be enforced at Common Law; and whenever any such Contract shall have been executed in conformity with this Ordinance, it shall be enforced in the same manner as a Contract entered into under this Ordinance. But no written Contract the tenor and execution of which are not in conformity with this Ordinance, shall be enforced as against any party thereto who, from want of education, is unable to read and understand writing: Any such Contract shall be deemed executed in conformity with this Ordinance which is signed with the names or marks of the contracting parties, and bears as concerns any illiterate parties, an attestation to the like effect as is prescribed by the fifth section hereof: If the Contract was made in the United Kingdom or elsewhere in Her Majesty's Dominions, the attestation may be by any Justice of the Peace or other Officer authorised by law to take Affidavits; if made in any Foreign parts, the attestation may be by any Judge or Magistrate, being authenticated by the Official Seal of the Court to which he is attached, or by any British Minister, Consul, Vice-Consul, or Consular Agent. 44. Nothing in this Ordinance shall interfere with the usual mode of Procedure for the Trial of offences on Information or otherwise relating to wilful and malicious injuries to persons or property committed by Masters, Workmen, Servants or others, either at Common Law or under any Ordinance or Statute in force for the punishment of such offences, but so that no person be twice prosecuted for the same offence. 45. The Supreme Court Ordinance, 1876, and all enactments extending or amending the same shall apply and be put in force, so far as applicable to and in respect of proceedings under this Ordinance, except as far as any provision of this Ordinance is inconsistent therewith. No. 18.-1877. AN ORDINANCE to provide for the registration and pro- Whereas it is expedient to provide for the registration and protection in certain other respects of alien children now residing in or who may hereafter be brought into Lagos: 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 Alien Children Short title. Registration Ordinance, 1877." 2. This Ordinance extends to the Town and Island of Lagos Local Extent. and the Island of Iddo, to Badagry, Palma and Leckie, and to all places within one mile in a direct line inland from high water mark on the banks of the waters which border the Island of Lagos commencing where these waters meet the sea at a distance of three miles in a direct line from the Custom House at Lagos, and extending from the sea, along the western or right bank of the said waters, (including the islands at the eastern inlet of the creek leading towards Porto Novo), to a point two miles to the northward of Ebute Metta, and along the eastern or left bank, to a point two miles in a north-easterly direction beyond the termination (opposite to Ikoyi on the Island of Lagos) of the channel called Five Cowrie Creek. 3. In this Ordinance"Alien Child' Signification of certain means any person under the age of seventeen terms. years whose parents were natives of Africa, such child not being registered in accordance with the law of the Colony relating to the registration of births; *"Registrar" means, as respects the Town and Island of Lagos, the Island of Iddo, and the places on the shores of the Lagos waters described in the last preceding section, the person appointed by the Governor to be Registrar of Alien Children and, in default of any such appointment, the Registrar under the Ordinance for the time being in force relating to the registration of births, and as respects Badagry and Palma and Leckie, the District Commissioners of those places respectively; "The Rules means such Rules as may be made under the twenty-first section of this Ordinance. See No. 5 of 1901 as to appointment of a Principal Registrar, &c. Registration of alien children resident in Settlement. Proviso. Registration of alien 4. Every person who at any time after the coming into operation of this Ordinance has the custody of any alien child not registered under this Ordinance shall, within forty-eight hours after the commencement of the Ordinance or of such custody, attend personally and produce such child before the Registrar between such hours during day-light as the Governor may appoint, and shall declare the following particulars, (a) The name or names, age, sex, and tribe, and any particular marks on the person of the child; (b) The names, condition, and residence of the parents of the child, so far as the same are known or can be ascertained; (c) The name, condition, and residence of the person having the custody of the child; (d) The name and residence of the person by whom, the date when (or as near as may be), and the purpose for which the child was brought within the limits to which this Ordinance extends: and the Registrar shall enter the said several particulars in a Register to be kept by him for that purpose in the manner and form set forth in form A. of the Schedule to this Ordinance, and shall enter all the names by which such child is or at any time shall have been known or designated whether before or after arriving in the Settlement, and shall deliver to the person having the custody of such child a certificate of the due registration of the same according to the form B. of the said Schedule: Provided that for a period of four weeks next after the commencement of this Ordinance, no penalty shall be deemed to be incurred or be exacted in respect of the non-registration under this section of any Ichild which is at the date of such commencement and continues until registration resident within the limits to which this Ordinance extends. 5. Every person who, after the coming into operation of this Ordinance, shall bring any unregistered alien child within the children upon limits to which this Ordinance extends shall, within forty-eight being brought into the hours after the arrival of such child within the said limits, attend Settlement. personally and produce such child before the Registrar between such hours during day-light as the Governor may appoint and declare the like particulars as are required by the last preceding section, and the Registrar shall in like manner enter the same in the Register, and shall also deliver to such person a certificate of the due registration of such child according to the manner and forms thereby prescribed. Custody of 6. No person who shall bring any unregistered alien child within unregistered the limits to which this Ordinance extends or otherwise shall have alien children the custody of any unregistered alien child shall transfer the custody of such child to any other person, and no person shall not to be changed. receive the custody of any unregistered alien child so transferred, or attempted to be transferred. 7. Upon the change of custody of any alien child registered Registration under this Ordinance, the person giving over the custody of such of change of custody of child and the person into whose custody the child shall come shall registered attend personally before the Registrar, the child also being pro- alien child. duced to him, and the Registrar shall make entry of the requisite particulars in the Register and on the certificate of registration of the child. residence or 8. Upon the change of residence or death of any alien child Registration registered under this Ordinance, the person having the custody of of change of the child shall attend personally and, except in case of death, death of produce such child before the Registrar, who shall make entry of registered the requisite particulars in the Register and on the certificate of alien child. registration of the child. not to be re 9. No person shall remove or take away any registered alien Registered child beyond the limits to which this Ordinance extends without alien child first obtaining permission in writing from the Governor, or from moved withthe Registrar General*, or from the person for the time being acting out certain as and performing the duties of Registrar General, for so doing, permission. and producing such child and such permission to the Registrar, who shall make an entry of the same in the Register and on the certificate of registration of the child. (5 of 1892, s. 1.) statements in 10. Every person registering any alien child, or any change of Verification of custody or residence, or the removal or death of any such child, Register. shall verify by declaration the facts set forth in the Register and subscribe the Register in the manner marked or indicated in Form A. of the Schedule hereto annexed, and shall answer all such questions relating to the child and to the facts set forth as shall be put to him by the Registrar. where of Ordinance. 11. Whenever upon any alien child being brought before the Procedure Registrar, if upon enquiring into the case, there appears reason to grounds for suspect that the person bringing such child, or any other person, is suspecting or has been unlawfully in custody of such child, or that any other contravention offence under this Ordinance has been committed in respect of such child, then, in every such case, the Registrar shall report the facts to the Attorney General, and until it be determined whether or not any charge shall be preferred either against the person who may have produced such child or any other person, and pending the result of such charge, if any, the child shall be detained and taken care of in such custody as may be fixed by the Rules, or if not so fixed, as the Governor may direct. 12. The Registers of alien children shall be freely accessible at Free inthe Registrars' offices to all persons desiring to inspect the same * No. 9 of 1888; and see No. 5 of 1901. spection of Registers. |