Employer's remedy. Order of revocation of License; and sale of the moveable and immoveable property of such Employer; Any penalty paid by or recovered from the Employer on behalf of such person so employed by him, together with all costs incurred by such Employer in respect of such penalty, shall be a debt due to him from the person so employed by him. (2 of 1878, s. 27.) 26. The Court imposing any pecuniary penalty under this suspension or Ordinance upon any Auctioneer, may, if it shall appear that the offence is of such nature as to require the License of such Auctioneer to be suspended or revoked, make an Order to that effect, and the License shall be suspended or revoked accordingly; The Court making any Order of suspension or revocation of a License shall forthwith intimate the same to the Collector of Customs. (2 of 1878, s. 28.) Report of Order. Auctioneers prohibited from preparing conveyances. Saving clause. Power of making Rules. Supplemental. 27. It shall not be lawful for any Auctioneer or for any person in his employment, or in partnership with him, to draft, prepare, or procure the execution of any Conveyance of Land: If any person contravenes this enactment he shall incur a fine not exceeding one hundred pounds, and if an Auctioneer, his license shall be suspended, or revoked. (2 of 1878, s. 29.) 28. Nothing in this Ordinance shall be construed to alter or derogate from any provision of the Supreme Court Ordinance, 1876, or of the Schedules thereto, relating to Sales in execution of Decrees. (2 of 1878, s. 30.) 29. The Governor may, by any Order made with the advice and consent of the Legislative Council make Rules consistent with this Ordinance and subject to the provisions thereof for further or better carrying into effect the purposes of this Ordinance, and may annex a penalty which may extend to twenty-five 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 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. (2 of 1878, s. 31.) License is hereby granted to [name and residence of person licensed] to carry on the business of an Auctioneer until the of day of 19 19 subject to the Sales by Auction Ordinance, 1878. Dated this Duty paid,-£ Signature of Collector of Customs. day NOTE. This License expires on the day of 19 . B. With privilege of Agents. License is hereby granted to [name and residence of person licensed] to carry on the business of an Auctioneer (with privilege of Agents) until the day of 19 subject to the Sales by Auction Ordinance, 1878. Dated this Duty paid,-£ , NOTE. This License expires on the day of 19 . L. A A C. Agent's License. License is hereby granted to [name and residence of person licensed] to carry on the business of an Auctioneer in the District of [name of District] as Agent of [name and residence of the employer] until 19 in case such Agency shall so long continue, subject to the Sales by Auction Ordinance, 1878. the day of Dated this Duty paid,-£ NOTE. day of Signature of Collector of Customs. This License ceases to authorise so soon as he ceases to be Agent of day of 19 . to act as Auctioneer and expires on the Short title. Signification of certain terms. No. 3.-1878. AN ORDINANCE relating to Pilotage in the Harbour of Lagos, and for regulating the said Harbour, and promoting the health of Seamen therein. [4th February, 1878. Whereas it is expedient to make improved provisions relating to Pilots and Pilotage in the Harbour of Lagos, and for regulating the said Harbour, and promoting the health of the crews of ships therein; 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 the "Pilotage and Harbour Ordinance, 1878." 2. In this Ordinance "Pilot" means any person authorized under this Ordinance to act as a Pilot; "Harbour" means the Harbour of Lagos, and includes the foreshore thereof; "Harbour Master" includes every Officer appointed by the Governor by the designation of Harbour Master of Lagos, or lawfully acting as such; "Ship" includes every description of decked Vessel used in "Master" includes every person having or taking charge or "Health Officer" includes every Officer appointed by the Governor by the designation of Health Officer of Lagos, or lawfully acting as such; "The Rules" mean such Rules as shall be made under the fifty-second section of this Ordinance. 3. The Governor in Council may from time to time define and Extent of the declare or vary the extent and boundaries of the Harbour of Lagos: Harbour of Lagos. the extent and boundaries existing at the commencement of this Ordinance shall continue until otherwise so declared or varied. I.-PILOTAGE. Pilotage Board. constituted. 4. The Governor shall establish a Board to be called the Pilotage Pilotage Board of Lagos, which shall consist of the Harbour Master of Board, how Lagos who shall be Chairman ex officio, and such other persons not more than four in number as the Governor shall from time to time appoint: the Governor may remove any person so appointed and fill vacancies occurring in the Board: In the absence of the Harbour Master, or for other necessary or reasonable cause, the Governor may by writing under his hand, appoint any member of the Board to preside at any meeting thereof. (3 of 1878, s. 5, part.) interest. 5. No member of the Board shall have any vote in any matter in Case of which he is personally concerned or in which his conduct may be personal in any way questioned, and in any such matter or enquiry he may be required by the other members of the Board to be present or absent as may be deemed most desirable. The Chairman and any two members of the Board shall be a Quorum. quorum with full power to do all which the Board is empowered to do the Chairman shall call a meeting of the Board whenever necessary the Chairman at any meeting, if upon any question there shall be an equality of votes for and against the question, shall have a second or casting vote. (3 of 1878, s. 5, part.) 6. The Board shall have the powers of a District Commissioner Power of under the Supreme Court Ordinance, 1876, of summoning and summoning examining witnesses on oath or affirmation, and calling for docu- witnesses, &c: ments in any matter before them under this Ordinance, and of adjourning any hearing or enquiry from time to time: Provided Proviso. that nothing in this section shall authorize the Board to commit any person to prison or to enforce any order by attachment or False evidence perjury. Experts to assist Board. How enquiry to be held : keeping order. Enquiry by certain cases: Powers as to Governor may decision of otherwise, but a Judge of the Supreme Court upon the application of the Chairman of the Board, and after hearing the party charged with disobedience to any lawful order of the Board or other misconduct, may in respect of such disobedience or misconduct, make any order of attachment or commitment he may consider necessary. 7. Any witness who shall wilfully give false evidence in any enquiry before the Board concerning the subject matter of such enquiry shall be guilty of perjury, and be liable to be prosecuted and punished accordingly. 8. The Board shall have power, subject to the Rules, to call in one or more nautical persons to act as Assessor or Assessors to assist the Board in dealing with any matter which may require the advice of nautical persons, or the advice of pilots or other persons specially acquainted with the Port of Lagos. Such Assessors may be required by the Board to give their opinion on any question involving seamanship or pilotage, but the Board shall exercise its own judgment as to the effect to be given to such opinion in its decision. 9. The Governor may direct whether any enquiry before the Board shall or shall not be held in public: in the absence of a direction to the contrary every enquiry shall be held in public, but the Board shall be entitled to exclude any particular person or persons for the preservation of order or for the due conduct of the enquiry. 10. The Board is hereby empowered at its discretion, and required whenever so directed by the Governor, to make formal enquiry in every case in which within the Harbour or waters of Lagos any ship under pilotage charge touches the ground, or runs foul of any other ship, or of any buoy or beacon, and also to make formal enquiries respecting the conduct of Pilots as such; Whenever an enquiry is made under this section it shall be the duty of the Board to pronounce upon the conduct of the Pilot in the matter forming the subject of the enquiry, and if the Board thinks that the conduct of such Pilot requires such punishment they shall suspend his License for such time as they shall think fit and report the case to the Governor. 11. The Governor may affirm, vary, or reverse the decision of affirm or vary the Board suspending the License of any Pilot or, if he considers that the negligence or misconduct of the Pilot so requires, he may revoke such License. Board, or may revoke License. Application Licensing of Pilots. 12. Every person desirous of being appointed a Lagos Pilot for examina- shall make application in writing to the Board to be examined, stating his name, age, birth place, present residence, previous occu tion. |