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REGULATIONS AS TO LABOUR OF JUDGMENT
1. The labour of judgment debtor prisoners ordered to be kept to labour as aforesaid shall include the following employments:Mat-making, rope-making, net-making, basket-making, tailoring and sewing. Washing clothes and household linen. Cleaning and whitewashing the debtors' prison, in which any judgment debtors are imprisoned, including the yard and appurtenances thereof, or the portion of any prison occupied by any judgment debtors, and such other necessary services in connexion with each debtors' prison, or portion of a prison occupied by debtors, as the visiting committee of such prison may determine.
2. The officer in charge of prison discipline shall assign to every such judgment debtor any one or more of such employments as may be best adapted to his skill, ability, and strength, and may vary such assignment from time to time as he may see fit.
3. The officer in charge of prison discipline may allow any such judgment debtor to work at his own trade or calling in lieu of the said employments, either for the whole or a portion of the daily hours of labour, provided that such trade is capable of being carried on within the prison, and does not interfere with the regulations of the prison.
4. The said judgment debtors shall be kept at work not more than ten hours or less than six hours a day, unless the medical officer directs a shorter period of labour for any such judgment debtor.
5. Where any money is earned by the labour of any such judgment debtor the nett amount thereof shall be applied in the first instance towards reimbursement of the party by whom the expense of his maintenance in prison is defrayed, and the overplus, if any, shall be paid to the judgment debtor upon his discharge from prison.
EGBA (JURISDICTION OF SUPREME COURT).
WHEREAS by an Order in Council of Her late Majesty Queen Victoria bearing date the 29th day of December 1887, and made in pursuance of the powers by the Foreign Jurisdiction Act 1843 or otherwise in Her Majesty vested, it was provided that it should be lawful for the Legislative Council for the time being of the Colony of Lagos, by Ordinance or Ordinances to exercise and provide for giving effect to all such powers and jurisdiction as Her Majesty might at any time before or after the passing of the said Order in Council have acquired in the territories adjacent to the said Colony, subject to such provisions as are in the said Order in Council described and set forth;
And whereas by an Order in Council bearing date the 24th day of July 1901, and made in pursuance of the powers by the Foreign Jurisdiction Act 1890 or otherwise in His Majesty vested, His Majesty has been pleased to order, subject nevertheless to the conditions and reservations in the Order in Council now under recital contained, that subject to the provisions of the herein before recited Order in Council of the 29th day of December 1887, the Legisla tive Council of the Colony of Lagos may by Ordinance or Ordinances exercise and provide for giving effect to all such powers and jurisdiction as His Majesty may at any time either before or after the passing of the Order now under recital have acquired or may acquire, within such of the territories of the West Coast of Africa near or adjacent to the Colony of Lagos as are within certain limits, thereinafter described as the "Lagos Protectorate";
And whereas by an Agreement dated the 13th day of January 1904 entered into between Sir William MacGregor, K.C.M.G., C.B., Governor of the Colony of Lagos, on behalf of His Most Excellent Majesty King Edward the Seventh and the Alake and Authorities of Egba land on behalf of the Egba people, His Majesty has acquired certain powers and jurisdiction in the territory of the Egba people;
And whereas the territory of the Egba people lies within the limits of the Lagos Protectorate as defined by the aforesaid Order of His Majesty in Council of the 24th day of July 1901;
And whereas it is expedient to provide by Ordinance for the
exercise of and for giving effect to the aforesaid powers and jurisdiction acquired by His Majesty;
1. This Ordinance may be cited as "The Egba Jurisdiction Short title. Ordinance."
2. In this Ordinance except where the context requires some Interpretaother interpretation "Agreement" means the Agreement entered into between the Governor of Lagos and the Alake and Authorities of Egba land on the 13th day of January 1904 and set out in the Schedule hereto;
"Mixed Court " means the Mixed Court mentioned in the Agreement.
3. The jurisdiction acquired by His Majesty under the Agree- Jurisdiction ment shall be vested in the Supreme Court of the Colony (herein- vested in the after called "the Court") and the Court is hereby empowered to Court. carry the said jurisdiction into effect.
4. The jurisdiction by this Ordinance vested in the Court shall To be exerexcept as hereinafter mentioned be exercised under and according . 4 and 5 to the provisions of the Supreme Court Ordinance including the of 1876. Rules and Orders of Court made thereunder, and the Criminal Procedure Ordinance and any Ordinance which may be passed supplementary thereto or in substitution therefor.
5. The laws relating to indictable crimes and offences, for the Jurisdiction time being in force in the Colony shall extend to and be in force and law. within and under the jurisdiction by this Ordinance vested in the Court. The laws relating to Civil matters for the time being in force in the Colony shall extend to and be in force within and under the jurisdiction by this Ordinance vested in the Court, but shall be deemed to extend thereto and be in force so far only as the jurisdiction of the Court and local circumstances reasonably permit and render such extension and enforcement suitable and appropriate.
6. The Court in the exercise and administration of the jurisdic- Observance tion vested in it by this Ordinance shall have the right to observe of local laws and enforce the observance of the laws and customs existing in Egba land, such laws or customs not being repugnant to natural justice equity and good conscience. Such laws and customs shall be deemed applicable in causes and matters between Egbas and persons not being natives of Egba land only when it may appear to the Court that substantial injustice would be done to either party by a strict adherence to the rules of English law, and in such other causes and matters as the Court may deem just and equitable.
7. All laws of the Colony relating to any powers given to or Application exercised by the Governor shall be in force within the jurisdiction defining the
powers of the by this Ordinance vested in the Court in so far as they are necessary to carry into effect the jurisdiction acquired by His Majesty.
9. Sections 118 to Section 134 (both inclusive) of the Criminal tions of No. 5 Procedure Ordinance shall not apply to the jurisdiction by this
of 1876 not
Ordinance vested in the Court.
Appeals from mixed Court.
8. Whenever any person is charged with any crime or offence within the jurisdiction by this Ordinance vested in the Court, the trial shall be held with the aid of Assessors not being ordinarily less than four.
Power to make rules.
10. Order fifty-two of Schedule II. of the Rules of Court made under the provisions of the Supreme Court Ordinance shall not apply to appeals from the Mixed Court.
11. The Chief Justice may at any time make any Rules of Court for carrying this Ordinance into effect, and in particular for regulating the practice and procedure to be observed in Appeals from the Mixed Court both in civil and criminal matters, including all matters connected with the forms to be used and the fees to be payable, and may from time to time alter amend and revoke all or any of such Rules, provided that no such Rules, or any alteration, amendment or revocation thereof shall be deemed binding until the same shall have been approved 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 operation, either immediately or on such day as shall be provided in such Rules, subject to disallowance by His Majesty.
Agreement made this 13th day of January, 1904, between His Excellency Sir William MacGregor, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief in and over the Colony of Lagos, for and on behalf of His Most Excellent Majesty Edward the Seventh of the United Kingdom of Great Britain and Ireland and of all the British Dominions beyond the Seas, King, Emperor of India, his heirs and successors of the one part, and the Alake and Authorities of the Egba Nation for and on behalf of themselves their heirs and successors, and the Egba Nation, of the other part;
Whereas the Territory of the Egba Nation is adjacent to the Colony of Lagos; and Trade and Commerce have vastly increased
in Egba land in recent years; and large numbers of British subjects and others have settled there.
Now therefore, the Alake and Authorities of the Egba Nation for and on behalf of themselves their heirs and successors and the Egba Nation hereby Cede and Grant to His Most Excellent Majesty Edward the Seventh of the United Kingdom of Great Britain and Ireland and of all the British Dominions beyond the Seas King, Emperor of India, his heirs and successors, for a period of twenty years from the date hereof the following Powers and Jurisdictions in the Territory of the Egba Nation :
1. Power and Jurisdiction over all persons not being natives of Egba land for the repression and punishment of all crimes and offences which are denominated Indictable Crimes and Offences in the law of England.
2. Power and Jurisdiction over all persons whatsoever for the repression and punishment of the crimes of Murder and Manslaughter.
3. Power and Jurisdiction for the Judicial hearing and determination of matters in difference where one or both of the parties to the suit is not a native of Egba land and the subject-matter in dispute is of the value or amount of Fifty pounds or upwards.
4. Power and Jurisdiction for the administration and control of the property and persons of all persons not being natives of Egba land.
5. Power and Authority to appoint the President of the "Mixed Court" hereinafter mentioned.
6. Power and Jurisdiction for the Judicial hearing and determination of appeals from decisions of the aftermentioned "Mixed Court" in criminal cases both on questions of fact and on questions of law.
7. Power and Jurisdiction for the judicial hearing and determination of appeals from decisions of the aftermentioned "Mixed Court" where the decision of such Court is given in respect of a sum of Five pounds or upwards, or determines directly or indirectly a claim or question respecting money goods land or other property or any civil right or other matter of the amount or value of Five pounds or upwards.
8. Power and Jurisdiction to execute and carry into effect the powers and jurisdiction hereinbefore ceded and granted.
And the Alake and Authorities of the Egba Nation for and on behalf of themselves their heirs and successors and the Egba Nation hereby undertake and bind themselves to His Most Excellent Majesty to pass the Resolutions in the Egba Council necessary for the formation of a Court to be called "The Mixed Court giving to it the Constitution Powers and Jurisdiction following that is to say:
(a) "The Mixed Court" shall consist of a President and two other Members, which members shall be appointed by the Egba Council. The decision of the Majority of the members shall prevail. A quorum shall consist of two members, of whom the President shall be one.