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"The Mixed Court" shall have jurisdiction for the summary trial and punishment of persons not being natives of Egba land committing offences which are not indictable. (c) The penalties and punishments which may be imposed by "The Mixed Court" shall not exceed those which can be imposed for similar offences by District Commissioners of the Colony of Lagos.
(d) "The Mixed Court" shall have a civil jurisdiction over matters in difference where one or both of the parties to the suit are not natives of Egba land and the subject matter in dispute is less than Fifty pounds in value or
(e) "The Mixed Court" shall be guided in its decisions so far as practicable by the laws in force in the Colony of Lagos.
And the Alake and Authorities of the Egba Nation for and on behalf of themselves their heirs and successors and the Egba Nation hereby further undertake and bind themselves to His Most Excellent Majesty
(a) to pass the Resolutions in the Egba Council necessary to give the right of appeal on question of fact as well as of law from the decisions of the "Mixed Court." (It being understood that such appeal in criminal cases shall only lie if one of the members of "the Mixed Court has dissented from the decision of the Court.)
(b) to render all possible assistance for the carrying into effect of the above mentioned ceded Powers and Jurisdictions. (c) to provide proper prisons for the detention of prisoners. And the Alake and Authorities of the Egba Nation for and on behalf of themselves their heirs and successors and the Egba Nation hereby declare that it is their strong desire that barristers and solicitors shall not be allowed to practise in the Courts exercising the civil jurisdictions hereinbefore ceded.
And His Excellency the said Sir William MacGregor 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, hereby accepts the before mentioned ceded Powers and Jurisdictions.
And it is hereby understood and agreed between the Parties hereto that nothing in this treaty shall be deemed to take away the powers and jurisdictions of the Native Courts of Egba land over matters between and affecting natives of Egba land only, except as regards the power and jurisdiction herein before ceded for the repression and punishment of the crimes of murder and manslaughter.
And it is further understood and agreed between the Parties hereto that all persons charged with committing indictable crimes. or offences-the jurisdiction over which has been ceded by this treaty-shall be tried by a judge of the Supreme Court of the
Colony of Lagos with the aid of Assessors the number of which shall not ordinarily be less than four and such assessors may be judges, magistrates or councillors of the Native Courts or other fit and suitable persons.
In witness whereof the said parties have hereunto set their hands and seals the day and year first above written.
J. H. SAMUEL-Government Secretary.
C. B. MOORE-Treasurer, E. U. G.
Osi of the Egbas
Head of the Parakoyis
Signed and sealed at Lagos by the said Sir William MacGregor in the presence of
W. NICOLL-Chief Justice of Lagos. C. H. HARLEY MOSELEY-Colonial Secretary.
Signed and sealed at Abeokuta by the said Alake and Authorities of the Egba Nation in the presence of
CYRIL PUNCH-Commissioner, Aro.
I do hereby certify that I have truly and honestly interpreted and explained in the Yoruba language the terms of the foregoing Agreement to the Alake and Authorities of the Egba Nation.
HY. LIBERT-First Class Clerk, Native Affairs.
Signed by the said H. Libert in the presence of
A. T. SOMOYE-Clerk, Egba Council.
IBADAN AND OYO (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, 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 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 Legislative Council of the Colony 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 as are within certain limits, thereinafter described as the "Lagos Protectorate."
And whereas by an Agreement dated the 8th day of August, 1904, entered into between C. H. Harley Moseley, C.M.G., Acting Governor of the Colony, on behalf of His Most Excellent Majesty King Edward VII., and the Bale and Authorities of the Province of Ibadan His Majesty has acquired certain powers and jurisdiction in the Province of Ibadan.
And whereas by an Agreement dated the 16th day of August, 1904, entered into between C. H. Harley Moseley, C.M.G., Acting Governor of the Colony, on behalf of His Most Excellent Majesty King Edward VII., and the Alafin of Oyo His Majesty has
acquired certain powers and jurisdiction in the territory of the Alafin of Oyo.
And whereas the Province of Ibadan and the territory of the Alafin of Oyo are 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 Yorubaland Jurisdiction Short title. Ordinance 1904."
2. In this Ordinance "Agreements" means the Agreements Interpretaset out in Schedules I. and II. annexed hereto and "Yorubaland" tion. includes the Province of Ibadan and the territory of the Alafin of Oyo.
3. The jurisdiction acquired by His Majesty under the Agree Jurisdiction ments 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. Supreme 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 1876 including of 1876. the Rules and Orders of Court made thereunder and the Criminal Procedure Ordinance 1876, and any Ordinance which may be passed supplementary thereto or in substitution therefor.
5. The laws relating to crimes and offences, for the time being Jurisdiction in force in the Colony shall extend to and be in force within and and law. 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 Yorubaland, 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 natives and persons not being natives of Yorubaland only when it may appear to the Court that substantial injustice would be done to either
Application of laws defining the powers of the Governor.
party by a strict adherence to the rules of English law, and in such causes and matters as the Court may deem just and equitable.
Power to make rules.
7. All laws of the Colony relating to any powers given to or exercised by the Governor shall be in force within the jurisdiction by this Ordinance vested in the Court in so far as they are necessary to carry into effect the jurisdiction acquired by His Majesty.
8. Whenever any person is charged with any indictable 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.
9. Section 118 to Section 134 (both inclusive) of the Criminal tions of No. 5 Procedure Ordinance 1876 shall not apply to the jurisdiction by this Ordinance vested in the Court.
of 1876 not
10. The Chief Justice may at any time make any Rules of Court for carrying this Ordinance into effect, and in particular for regulating 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 8th day of August, 1904, between His Excellency Charles Herbert Harley Moseley, Esquire, Companion of the Most Distinguished Order of Saint Michael and Saint George, Acting 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 Bale and Authorities of the Province of Ibadan, for and on behalf of themselves their heirs and Successors and the people of the Province of Ibadan on the other part:
Whereas the Province of Ibadan is under the Protection of His