Duplicates of Registers kept at Badagry and at Palma and Leckie to be exhibited at Lagos. Enquiries to be made on receiving persons accompanied by children. House-master to report if proper certificate not produced. Case of casual visitors. Production of during ordinary office hours without payment of any fee or cost whatsoever: The District Commissioners of Badagry and of Palma and Leckie shall send duplicates of the Registers of alien children registered at these stations, and of all additions and alterations on the Registers to the Registrar at Lagos, at the end of every month, or at such other times as may be fixed by the Rules, or if not so fixed, as the Governor may direct, and these duplicates shall be freely accessible at the Registrar's office at Lagos. 13. Upon any person applying to be received in any house, or inhabited place, bringing with him any alien child, the housemaster, or other person having the charge of such house or place, shall enquire of such person whether he is furnished with a certificate of registration of such child, and require the same to be produced to him, and shall take sufficient means of ascertaining the correctness of such certificate and its application to the child in question: If no certificate, or an incorrect certificate, or a certificate not applying to the child in question be produced, such house-master or other person shall forthwith report the facts to the Officer prescribed by the Rules, and if the Officer is not so prescribed, he shall report forthwith to some Officer of Police of rank not lower than Sergeant. If the person bringing such child shall declare that the same is a casual visitor and unregistered, such house-master or other person shall report the facts within twelve hours after the arrival, and not less than twelve hours before the intended departure of such visitor to the Officer prescribed by the Rules, and if the Officer is not so prescribed, to some Officer of Police of rank not lower than Sergeant. * 14. The Registrar General, any District Commissioner, or children, cer- Justice of the Peace, or person authorised to that effect by the tificates, &c. Rules, or by the Governor in writing may require production of any registered alien child from the person who has registered or has the custody of such child, and also production of the certificate of registration of such child, and may with any interpreter or other assistant visit, and enter any house within the limits to which this Ordinance extends at any time between the hours of sunrise and sunset, and require production of all children resident therein, whether registered or not, and make all such enquiries respecting such children as he shall think fit. Penalties for offences: Having custody and failing to register; 15. Any person shall incur a penalty not exceeding fifty pounds who (1.) Having the custody of any alien child not registered under this Ordinance fails during forty-eight hours after the commencement of the Ordinance or of such custody to register such child as directed by the fourth section of this Ordinance; * No. 9 of 1888; and see No. 5 of 1901. (2.) Brings within the limits to which this Ordinance extends Bringing into any alien child, and fails within forty-eight hours after Settlement the arrival of such child therein to register him as directed and failing to by the fifth section of this Ordinance; register; unregistered child; (3.) Transfers, or is knowingly concerned in transferring the Transferring custody of any unregistered alien child; (4.) Removes, or takes away, or attempts to remove or take Removing away, or is knowingly concerned in removing or taking unregistered away any registered alien child beyond the limits to child without which this Ordinance extends, without first obtaining permission; permission in writing from the Governor or the *Registrar General for so doing, and producing such child and permission to the Registrar, and procuring such permission to be entered upon the Register of such child; (5.) Having the custody of any alien child, fails upon the change of custody or of residence, or death of such child to procure such change of custody or of residence, or death to be noted on the Register; Failing to register change of residence, of custody, or or death; (6.) Makes any false statement respecting any particulars re- Making false quired to be inserted in the Register of any alien child, or statements; for the purpose of evading registration of any alien child, or of obtaining permission from the Governor to remove alien children; children or answer (7.) Receives into, or keeps within his house or premises any Harbouring unregistered alien child and fails to make the reports unregistered prescribed by the thirteenth section of this Ordinance; (8.) Refuses, upon being required, to produce, and does not Refusing to duly account for any registered alien child, or the cer- produce tificate of registration of such child, to any District Commissioner, Justice of the Peace, or person authorised enquiries. by the Rules, or by the Governor in writing, or knowingly refuses to admit to his house or premises such District Commissioner, Justice of the Peace, or person so authorised, or to produce the children resident therein, or refuses to answer or answers untruly enquiries respecting such children; and in default of payment of such penalty, the person convicted shall be imprisoned with or without hard labour for any time not exceeding three months when the penalty does not exceed twentyfive pounds, and for any time not exceeding six months in any other case. 16. Where it is proved that in fact, or according to reasonable Search suspicion, any alien child required to be registered under this warrants. Ordinance but not so registered is in any house or place, the Court may grant a Search Warrant to search such house or place, which Warrant shall confer the like powers, and be executed in like manner, and be subject to the like incidents as a Search Warrant under the Criminal Procedure Ordinance, 1876. * No. 9 of 1888; and see No. 5 of 1901. Burden of proof in certain cases. Age of ascertained. 17. Where in any proceeding under this Ordinance, any of the following averments are made in the Charge or Information, viz.:That the alien child which is the subject of the proceeding is unregistered, That the Master or other person in charge of any house, or boat, or canoe in which any unregistered alien child is residing or is found has the custody of such child, or that such Master or other person has brought such child within the limits to which this Ordinance extends, the Court may presume any such fact so averred, and in such case, if the Defendant shall allege the contrary, the proof shall be upon him. 18, Where in any proceeding under this Ordinance it is material children how to determine the age of any alien child, the Court may appoint one or more persons whom it may consider specially qualified to act as Referees, and the report of the Referees shall be evidence of such age, and the correctness thereof shall be presumed. Application of penalties. Saving clause. Power of making Rules. 19. The Governor shall have power to award to the person who shall prosecute to conviction, and any other persons who may have contributed to the conviction by giving information or otherwise, out of every penalty recovered a sum not exceeding one moiety thereof, distributed in such proportions as he may direct, and the other moiety shall form part of the Public Revenue of the Colony: Provided that the Governor may remit the whole or any part of any penalty notwithstanding the interest of any informer or other person therein. (Amended by 7 of 1883, ss. 1 and 2, part.) 20. Nothing in this Ordinance contained shall be construed to take away or affect the liability of any person to any prosecution to which he would otherwise be liable under any Act of the Imperial Parliament or Ordinance in force for the Abolition of the Slave Trade or of Slavery. 21. Subject to the provisions of this Ordinance, the Governor may, by any Order made with the advice and consent of the Legislative Council, make such Rules as may from time to time be necessary for all or any of the following purposes, For promoting and enforcing the education of registered alien children under the age of fifteen years, including the classification of such children according to their age, or otherwise, the schools to which they shall be sent, the periods of their attendance at school, and the subjects they shall be taught; For the custody and care of alien children being casual visitors, or who from any other cause may be temporarily unregistered, and for securing them from being unlawfully dealt with; Generally for further or better carrying out the purposes of this Ordinance; and may annex and appoint a penalty which may extend to fifty pounds in respect of the breach of any such Rule; and may alter, amend or revoke all or any of such Rules. Every such Order shall come into operation upon the publication thereof in the Government Gazette, or at such time thereafter as shall be in such Order provided, and shall have the like force and effect for all purposes as if the same had been made by Ordinance, subject to disallowance by Her Majesty. an alien child male [or female] named who brought into the Settle[having the custody of] has registered the said child in conformity with the "Alien Children Registration Ordinance, 1877," as in the [Lagos] mentioned number is particularly stated. Dated at [Lagos] this Register at the above day of The following intimation, or to the like effect, to be printed on the back of the Certificate: The within named child is to be produced whenever required by the constituted authority; Remarks. * The child may not be taken out of the Settlement without permission in writing from the Governor or Registrar General being first obtained and registered; No change of custody or of residence of the child may be made without being registered, and the child being produced to the Registrar; If the child should die, the death must be registered forthwith. A WARNING. Whoever breaks or neglects any part of the law respecting alien children, incurs a penalty which may extend to £50 fine, or six months' imprisonment with hard labour. Short title. Signification of certain terms. Business of No. 2.-1878. AN ORDINANCE relating to Sales by Auction. [17th January, 1878. Whereas it is expedient to make improved provisions relating to Sales by Auction; 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 "Sales by Auction Ordinance, 1878." 2. In this Ordinance, "District 99 means a District as constituted for the purposes of the "Supreme Court Ordinance, 1876;" "Auctioneer" includes every person selling by Auction; 3. Every person who sells or offers for sale any goods or lands or any interest therein at any sale or roup where any person becomes or may become the purchaser of the same by competition and being the highest bidder, either by being the sole bidder, or increasing upon the biddings made by others, or decreasing on sums named by the Auctioneer or person acting as Auctioneer or other person at such sale, or by any other mode of sale by competition, shall be deemed to carry on the business of an Auctioneer. (2 of 1878, s. 4.) No. 9 of 1888; and see No. 5 of 1901. |