evidence. Such Referees shall be selected and summoned in such manner as the Court may direct. (4 of 1876, s. 92.)

107. In every case, civil or criminal, and at every stage thereof, Evidence to the presiding Judge shall take down in writing all oral evidence be taken in Writing. given before the Court. No person shall be entitled, as of right, at any time or for any purpose, to inspection or a copy of the Court's Notes, save as may be expressly provided by any Rule of Court. (4 of 1876, s. 93.)

108. In every case, civil or criminal, Minutes of the Proceedings Minutes of shall be drawn up and shall be signed by the Judge before whom Proceedings. the proceedings are taken. These Minutes, with the Notes of Evidence taken at the hearing or trial, shall be preserved as Records of the Court. The said Minutes and Notes of Evidence, or a copy thereof, purporting to be signed and certified as a true copy by the Registrar, shall at all times, without further proof, be admitted as evidence of such proceedings and of the statements made by the witnesses. (4 of 1876, s. 94.)

sonation.

109. Whoever forges the Seal of the Court, or falsely makes any Forgery of pretended mark or impression thereof, or forges the Signature of Seal of Court any Judge or Commissioner, or forges any Process or Order of the of Judges: or Signatures Court, or serves or enforces any such forged process or order False Perknowing the same to be forged, or delivers to any person or uses any paper falsely pretended or purporting to be any Process or Order, or a copy of any Process or Order, of the Court, knowing the same to be false, or who pretends to hold any office or authority under the Court, knowing that he does not hold such office or authority, and in such assumed character does or attempts to do any act under colour of such office or authority, shall be guilty of an offence punishable with imprisonment, either with or without hard labour, for a term which may extend to two years, or with fine, or with both. (4 of 1876, s. 95.)

RECONCILIATION.

110. In Civil cases the Court and its Officers shall, as far as there Court to is proper opportunity, promote reconciliation among persons over promote Rewhom the Court has jurisdiction, and encourage and facilitate the conciliation. settlement in an amicable way, and without recourse to litigation, of matters in difference among them. (4 of 1876, s. 96.)

Cases.

111. Where a Civil suit or proceeding is pending, the Court may In Civil promote reconciliation among the parties thereto, and encourage and facilitate the amicable settlement thereof. (4 of 1876, s. 97.)

112. In Criminal cases the Court may promote reconciliation, and In Criminal encourage and facilitate the settlement, in an amicable way, of Cases. proceedings for assault, or for any other offence of a personal or

Operation of
Rules in the
Schedules.

Power of

of Court.

private nature not amounting to felony and not aggravated in degree, on terms of payment of compensation or other terms approved by the Court, and may thereupon order the proceedings to be stayed. (4 of 1876, s. 98.)

RULES AND ORDERS OF COURT.

113. The Rules of Court in the First and Second Schedules to this Ordinance as to matters to which they extend shall regulate the proceedings in the Supreme Court. But such Rules of Court may be annulled or altered by the authority by which new Rules of Court may be made. (4 of 1876, s. 99.)

114. The Chief Justice may at any time, with the concurrence making Rules of the Puisne Judges, or any of them, make any other or additional Rules of Court for carrying this Ordinance into effect, and in particular for all or any of the following matters:

Alteration.

(1.) For regulating the Sittings of the Full Court;

(2.) *For regulating the Pleading, Practice, and Procedure of the
Court, including all matters connected with the Forms to
be used and the Fees to be payable;

(3.) For regulating the Qualification, Admission, and Enrolment
of Barristers, Advocates, Solicitors, and Notaries, and of
persons acting temporarily in those capacities, and for
regulating their employment in causes and their Fees;
(4.)†For defining, so far as conveniently may be defined by
General Rules, the Duties of the several Officers of Court,
and the Duties and Powers of Commissioners;

And may from time to time alter, amend, or revoke all or any of such Rules as occasion may require: provided always, that no such Rules, or any alteration, amendment or revocation thereof, shall be deemed binding until the same shall have been approved of by the Legislative Council, and shall have been published in the Gazette; but all such Rules, and such alterations, amendments and revocations thereof, when so approved and published as aforesaid, shall have the same force and effect for all purposes as if the same had been made by Ordinance, and shall in like manner come into immediate operation, or on such day as shall be provided in such Rules, subject to disallowance by Her Majesty. (4 of 1876, s. 100.)

* Schedule of Fees, Appendix B.

† See Consolidated Regulations, Appendix A.

THE FIRST SCHEDULE.

ORDER I.

APPLICATION OF RULES.

1. The Rules in this Schedule shall be applied in all causes, In Civil and matters, and proceedings, civil and criminal, to which they extend. Criminal

ORDER II.

GENERAL FORMS OF PROCESS.

Causes.

1. All warrants and writs of whatever description shall be suffi- How Process ciently addressed for execution by being directed to the Sheriff of addressed. the Colony of Lagos, or to the Sheriff without any affix; but this provision shall not prevent any writ or warrant from being addressed to a person by name, or to a person named and to Officers of Court generally.

upon

Commitment.

2. It shall not be necessary to address any warrant or order of Warrants of commitment or of sentence to the Keeper of any Prison, but the delivery of any warrant to the Keeper of the Prison to or in which the commitment shall be made or sentence be directed to be carried out, such Keeper shall receive and detain the person named therein (or shall detain him if already in his custody) for such period and in such manner as the warrant directs, and in cases of adjournments or remands or commitments for trial, such Keeper shall bring the person to the Court at the time and place directed by the warrant.

3. The sealing of any writ or process shall not be necessary in Sealing addition to the signature of the Judge or Commissioner by whom Writs. the same shall be signed, except in cases where sealing may be expressly directed by any Ordinance or Rule of Court or by any prescribed Form.

4. The Forms referred to in the Consolidated Regulations set Forms in out in Appendix A hereto, or Forms to the like effect, may be Appendix. used in all matters, causes, and proceedings to which they are applicable, with such variations as circumstances require.

5. In proceedings for which Forms are not provided, or prescribed Provision for by any Ordinance or Rule or Order of Court, the Registrar may, Additional Framing subject to the approval of the Court, from time to time frame the Forms. Forms required, using as guides those which may have been pro

vided.

6. The Fees specified in the Appendix B hereto shall be paid Fees. by the party prosecuting the cause or proceeding, and may be afterwards recovered as costs of cause if the Court shall so order. The Court may, on account of the poverty of any party, although such party may not have been formally admitted to sue or defend as a pauper, or for other sufficient reasons (stated in the Minutes), dispense, if it sees fit, with payment of any Fees.

SCHEDULE I.
Ord. 3.

By Officer of

ORDER III.

SERVICE OF PROCESS.

1. Service of a petition, notice, summons, order, or other docuCourt, unless ment of which service is required, shall be made by an Officer of the Court, unless in any case the Court thinks fit otherwise to direct.

Court directs otherwise.

Special
Bailiff.

To be Per

Court directs

2. The Court may in any civil case, for reasons which shall seem to it sufficient, appoint any process to be executed by a Special Bailiff, who for the time being shall have the privileges and liabilities of an Officer of Court. The expense of such Special Bailiff shall be defrayed by the party on whose application he is appointed, unless the Court in any case sees reason to vary this Rule.

3. Unless in any case the Court thinks it just and expedient sonal, unless otherwise to direct, service shall be personal, that is, the document to be served shall be delivered to the person to be served himself. 4. Service shall be completely effected by the delivery of a without show- duplicate or attested copy of any document without the exhibition ing Originals. of any original.

otherwise. Complete

Service other

than

Personal.

Delivery to
Inmate.

To Agent.

By Advertisement.

By Notice.

Service on
Government
Officers.

Service not to be made

ordinarily out

5. Where it appears to the Court (either after or without an attempt at personal service) that for any reason personal service cannot be conveniently effected, the Court may order that service be effected either

(a) by delivery of the document to some adult inmate at the
usual or last known place of abode or business of the
person to be served; or

(b) by delivery thereof to some person being an Agent of the
person to be served, or to some other person, on it being
proved that there is reasonable probability that the docu-
ment will, through that Agent or other person, come to
the knowledge of the person to be served; or
(c) by advertisement in the Gazette, or in some newspaper cir-
culating within the jurisdiction; or

(d) by notice put up at the Court House, or some other place of
public resort of the Province or District wherein the
proceeding in respect of which the service is made is
instituted, or at the usual or last known place of abode
or of business of the person to be served.

6. When the party to be served is in the service of the Government, the Court may transmit a duplicate of the document to be served to the Head Officer of the Department in which such party is employed, for the purpose of being served on him, if it shall appear to the Court that it may be most conveniently so served, and such Head Officer shall cause the same to be served on the proper party accordingly.

7. Ordinarily service may not be made out of the particular jurisdiction, except under an Order for that purpose made by the of particular Court within whose jurisdiction service is to be made, which order jurisdiction. may be made on the request of any other Court, and shall in each case direct in what mode service is to be made.

SCHEDULE I. Ords. 3-4. In cases of、

urgency.

8. Where, however, the urgency or other peculiar circumstances of the case appear to any Court to require (for reasons recorded in the Minutes), the Court may Order that service be made out of its particular jurisdiction. 9. In every case it shall be lawful for the Court, in its dis- Court to fix cretion, to fix the time for appearance by the Defendant, and to time for give any other direction with reference to such service which it may think fit.

appearance.

10. An Order for Service may be varied from time to time with Varying respect to the mode of Service directed by the Order.

Order of
Service.

11. Service in a Civil Case shall not be made on Sunday, Good No Service in Friday, Christmas Day, or the day next before and the next after Civil Cases on Christmas Day. Sundays or

In Criminal

12. In a Criminal Case a Search Warrant, or a Warrant of Holidays. Apprehension or Commitment or other purpose, may be issued and Cases Service executed on any Sunday or Holiday, where the urgency of the case may be on so requires.

any day.

Service.

13. A Book shall be kept at every Court for recording Service Record and of Process, in such form as the Chief Justice may direct, in which Proof of shall be entered by the Officer serving the Process, or by the Registrar, the names of the Plaintiff or Complainant and Defendant, the particular Court issuing the Process, the method, whether personal or otherwise, of the service, and the manner in which the person serving ascertained that he served the Process on the right person, and where any Process shall not have been duly served, then the cause of Failure shall be stated; and every entry in such Book or an office copy of any entry shall be primâ facie evidence of the several matters therein stated.

ORDER IV.

COMPUTATION OF TIME.

1. Where by any Ordinance or any Order or Rule of Court, or How to be any special Order, or the course of the Court, any limited time from made. or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, and such time is not limited by hours, the following Rules shall apply:

(1) The limited time does not include the day of the date of or Commencethe happening of the event, but commences at the begin- ment of a ning of the day next following that day:

time limited.

(2) The act or proceeding must be done or taken at latest on the When act to last day of the limited time:

be done.

(3) Where the limited time is less than six days, the following Sundays and days shall not be reckoned as part of the time, namely, Holidays. Sunday, Good Friday, Monday and Tuesday in Easter week, Christmas Day and the day next before and next after Christmas Day, nor any Public Holiday:

(4) When the time expires on one of those days, the act or pro- Time expiring ceedings shall be considered as done or taken in due time on Sunday or if it is done or taken on the next day afterwards, not Holiday. being one of those days.