Such will shall be deemed well made for the purpose of being admitted to probate, and the person taking out representation to the testator under such will shall exclusively be deemed the testator's representative with respect to the money or personal property thereby bequeathed.

tions of pay,

3. The Paymaster or any officer of Constabulary, or of the AccumulaTreasury, or other Public Department, having in his charge or &c., if less control any pay, accumulations of pay, gratuity, or other allow- than fifty ance, or any personal property, or money belonging to such testa- pounds, may tor, not exceeding in the aggregate the value of fifty pounds, may be paid withpay or deliver the same to any person entitled thereto under the will, or to the person entitled to procure probate of, or administration under such will, although probate or administration may not have been taken out.

out probate.

If the value of the said money and personal property exceeds Probate to be the said sum of fifty pounds, the Paymaster or other officer as taken if value exceeds fifty aforesaid, having the same in his charge or control, shall require pounds. probate or administration to be taken out, and thereupon pay and deliver the said money and effects to the legal representative of the deceased.

4. In case any native officer, sub-officer, or private of Constabu- Distribution lary dies without having made any valid will under this or any in cases of law or ordinance regulating wills for the time being in force, the intestacy. Paymaster or other officer, having in his charge or control money or personal property of the deceased as aforesaid, may, with the concurrence of the Governor, pay or deliver such money or personal property to any claimant showing herself or himself to the satisfaction of the Governor to be the widow of the deceased, or to be the child or any near relative of the deceased according to the rules of kinship of the tribe to which the deceased belonged, and where there are more such claimants than one then in such shares and proportions as the claimants would be entitled to receive under the rules of succession prevailing among such tribe or as nearly as may be.

5. Notwithstanding anything herein before contained, if in cases As to payment where probate of the will or administration to the estate of the of debts. deceased is not taken out, the Paymaster, or other officer aforesaid, before disposing of the money and personal property of the deceased in manner aforesaid, has notice of any debt due by the deceased, he shall apply such money and property, so far as remaining in his charge or control, or so much thereof as may be requisite, in or towards payment of such debt, subject to the following conditions:

First, That the debt accrued within three years before the death;

Second, That payment of it is claimed within one year after the death;

Third, That the claimant proves the debt to the satisfaction of the Governor.

Property dis

ject to rights of creditors.

Any person claiming to be a creditor of the deceased shall not be entitled to obtain payment of his debt out of any money that may be in the hands of the Paymaster or any officer of the Constabulary, or of the Treasury, or other Public Department except by means of a claim on the Paymaster or Inspector-general, or some District Commissioner, and proceedings thereon under and according to this Ordinance.

6. In all cases where the money or personal property of the tributed sub- deceased or any part thereof is paid or delivered to any person as being interested therein under the will of the deceased, or as his widow or child or near relative, or in any other manner under this ordinance, any creditor of the deceased shall have the same rights and remedies against such person as if he had received the same as a legal personal representative of the deceased.

Money undisposed of applied to

fund.

7. If the money or personal property belonging to the deceased, or any part thereof, remains for one year undisposed of or unapConstabulary propriated, and without any valid claim thereto having been made, then the Paymaster or other officer having the charge or control thereof shall apply and make over the same towards any reward and gratuity fund for the benefit of the Constabulary as may be prescribed by any order or regulations of the Governor.

Proviso,

Medals and decorations excepted.

Application of
money, &c.,
in case of
desertion.

Power of

lations.

Provided that the application under this section of any such money or property, or part thereof undisposed of or unappropriated as aforesaid shall not be deemed to bar claim of any person to the same or any part thereof that may be established at any time after such application.

any

8. Medals, uniforms, and decorations shall not be considered to be comprised in the personal estate of any deceased with reference to claims of creditors or for any of the purposes of administration or distribution under this Ordinance or otherwise, and the same shall be delivered to and held by the Paymaster and disposed of according to regulations made by the Governor.

9. In every case of desertion the money or property of the deserter in the charge or control of the Paymaster or any other officer as aforesaid shall be disposed of according to regulations made by the Governor :

Provided that in every such case the provisions of the fifth section of this Ordinance shall mutatis mutandis apply as nearly as may be.

10. The Governor may from time to time make all such orders making regu- and regulations as are herein before directed or authorized to be made by the Governor, and also prescribe such other regulations as may seem fit for the better execution of any of the purposes of this Ordinance.

No. 2.-1880.

AN ORDINANCE providing for the demonetization of certain coins now in circulation and received in payment in this Colony, and of Gold Dust and Nuggets.

[29th April, 1880.

Whereas certain silver coins called Dollars of the United States of America, Spain, Mexico, and the States of South America, circulate and are received in payment in this Colony as being of the full value of Four shillings and two pence sterling: And whereas sundry other silver coins of various foreign countries circulate and are received at various rates in the said Colony;

And whereas tender of payment in such coins, and in gold dust and nuggets, is a lawful tender in the same manner as if such tender was made in the current coin of the United Kingdom;

And whereas it is expedient that the said silver coins, called Dollars, and other foreign silver coins, and gold dust and nuggets, should no longer be a legal tender in this Colony;

Be it therefore enacted by the Governor of the Colony of Lagos, Enactment. by and with the advice of the Legislative Council thereof, as follows:

other than

1. In all payments to be made in this Colony tender of pay- Demonetizament in any coins other than those specified in the Schedule tion of coins attached to this Ordinance, and tender of payment in gold dust and nuggets shall cease to be deemed and taken as a legal tender. (7 of 1894, s. 1, incorporated.)

2. Where in any contract, undertaking or agreement for the payment of money entered into before the passing of this Ordinance any sum or amount is expressed in Dollars, the term Dollar shall be deemed and taken to mean the sum of Four shillings and two pence of British money.

those marked in Schedule and of gold dust and nuggets.

Dollar to mean Four shillings and

two pence.

3. This Ordinance may be cited as the "Demonetization Ordi- Short title. nance, 1880."

Enactment.

No. 9.-1880.

AN ORDINANCE to indemnify the Sender of a registered
article through the Post when a loss happens in this
Colony.
[1st September, 1880.

Whereas by Clause VI., Article IV. of the Postal Union Convention, it is provided that an indemnity of Fifty francs shall be paid to the Sender in the event of a loss of any registered article while in transit by the Country in which such loss shall occur, and it is necessary to make provision in this Colony for payment of that amount in such case;

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. The Governor shall, on being satisfied that any loss has occurred within this Colony, of any registered article sent through the Post, order that a sum equivalent to Fifty francs be paid the Sender thereof as an indemnity for such loss, and he is hereby authorized to draw by Warrant or Order, on the Treasury for such

amount.

2. This Ordinance may be cited as "The Registered Letter, Compensation for Loss, Ordinance, 1880."

Enactment.

Offices of

Registry to
be established
at Lagos or

No. 8.-1883.

AN ORDINANCE to provide for the Registration of Instruments affecting Land. [24th March, 1883.

Whereas it is expedient to provide for the Registration of Instruments affecting Land;

Be it enacted by the Governor of the Colony of Lagos, with the advice and consent of the Legislative Council thereof, as follows:

*

1. There shall be an Office at Lagos, and such other place or places (if any), as the Governor shall from time to time appoint, for the Registration of all Instruments affecting Land in the

See No. 5 of 1901.

appoint.

Colony, which shall be called Registry Offices; and the Governor other place as shall from time to time appoint fit and proper persons to be Governor may Registrars at each of the said Offices, and may revoke any such appointments, and may from time to time appoint Deputy Registrars to act in case of illness, absence, or incapacity of any Registrar, and may revoke any such appointments; and the Deputy Registrars while so acting, shall have all the powers, and discharge the like duties, and be subject to all the provisions and penalties relating to the Registrars. The Governor may from time to time remove any Registry Office from one place to another and increase or diminish the number of Registry Offices, provided that there shall be always one such Office at the seat of the Government of the Colony.

2. The Registrar at each of the said Offices shall keep a set of Registrars to Books to be numbered consecutively and shall as soon as practicable keep Record cause every Instrument presented for registration at such Office Books. together with the Certificate placed thereon as herein-after provided to be copied at full length in one of the said Books in the order in which the same shall be presented, and shall cause every Instrument as entered in each Book to be numbered consecutively from One upwards, and each such Book shall have an Index in which shall be stated in Alphabetical order the name of every party to every Instrument other than a Will, and the name of the Testator of every Will recorded in such Book, with a reference to the page of the Book where the Instrument is recorded to which the name refers.

3. The Registrar at each of the said Offices shall immediately Certificate of after the proof or acknowledgment before him of any Instrument Registration. presented for registration, and upon the presentation of any Instrument duly proved or acknowledged before any other person or of any Instrument which may be registered under this Ordinance without proof or acknowledgment, place upon such Instrument a Certificate in the Form A. or the Form B. (as the case may be) in the first Schedule hereto annexed under his hand, which shall specify the year, month, day and hour of the proof, acknowledgment or presentation as the case may be of such Instrument, and the year, month, day and hour specified in such certificate, shall be taken to be the year, month, day and hour at which such Instrument was registered.

4. Every Grant of Land from the Crown executed after the passing of this Ordinance shall be void, unless registered within Thirty days from its date.

Grant of Land from the

Crown to be registered.

5. Every Instrument executed after the passing of this Ordi- Instruments nance, other than a Will, shall, so far as regards any Land to be other than affected thereby, take effect as against other Instruments affecting to take effect. Wills, when the same Land from the date of its registration; provided that every such Instrument shall take effect from the date of its execu