And whereas it is expedient to apply all the Ordinances, Rules and Orders for the time being in force in the Colony to the Towns and Territories of Itebu, Ibu and Ayessan. Now, therefore, I, George Chardin Denton, Companion of the Most Distinguished Order of Saint Michael and Saint George, Acting Governor of the Colony of Lagos, in virtue of the power vested in me by the above-recited Ordinance, and of all other powers enabling me in that behalf, do hereby, with the advice and consent of the Legislative Council of the said Colony, order that all the Ordinances, Rules and Orders for the time being in force in the said Colony, shall henceforth apply to and be in force in the said Towns and Territories of Itebu, Ibu and Ayessan. 23rd day of August, 1899. Whereas by Ordinance No. 5 of 1890, it is enacted among other Applying the things that it shall be lawful for the Governor, at any time and laws of the from time to time, with the advice and consent of the Legislative Colony to the Council, to apply all the Ordinances, Rules and Orders for the time tories for being in force in the Colony of Lagos, or any of them, or any part certain or parts of such Ordinances, Rules and Orders, or any of them, to purposes. certain Territories therein described. Now, therefore, I, Sir William MacGregor, Doctor of Medicine, 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 of the Colony of Lagos, in virtue of the power vested in me by the aboverecited Ordinance, and of all other powers enabling me in that behalf, do hereby, with the advice and consent of the Legislative Council of the said Colony, order that all the Ordinances, Rules and Orders for the time being in force in the said Colony relating to the offences referred to in a certain Agreement made the 21st day of February, 1899, between George Chardin Denton, Esquire, Companion of the Most Distinguished Order of Saint Michael and Saint George, at that time Acting Governor of the Colony of Lagos, for and on behalf of Her Majesty the Queen of Great Britain and Ireland, Empress of India, her heirs and successors, of the one part, and the Alake and Authorities of the Egba Nation for and on behalf of themselves and the Egba Nation of the other part, by and against the persons in the said Agreement mentioned, shall henceforth apply to and be in force in the said Egba Territories for the purpose of and so far as is necessary for carrying out the said Agreement and exercising the powers thereby granted. 29th day of December, 1900. Whereas by Ordinance No. 5 of 1890 it is enacted among other things that it shall be lawful for the Governor, with the advice and consent of the Legislative Council, to apply all the Ordinances, Applying the tories for certain purposes. Applying the laws of the Colony to the Egba Territories for certain purposes. Rules and Orders for the time being in force in the Colony of And whereas the Territories aforesaid include the Ibadan Territories: And whereas by an Indenture made the 14th day of December, 1900, certain lands within the Ibadan Territories more particularly therein described were granted to Her Majesty the Queen by the Bashorun and Authorities of Ibadan for a period of ninety-nine years upon the terms and subject to the conditions in the said Indenture contained; And whereas it is expedient to apply the Ordinances, Rules and Orders for the time being in force in the Colony to the Ibadan Territories for the purpose of and so far only as is necessary for carrying out the terms and conditions in the said Indenture contained: Now, therefore, I, Sir George Chardin Denton, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Lieutenant-Governor of the Colony of Lagos, in exercise of the power vested in me by above-recited Ordinance, and of all other powers enabling me in that behalf, do hereby, with the advice and consent of the Legislative Council of the said Colony, order that all the Ordinances, Rules and Orders for the time being in force in the Colony relating to the offences referred to in the above-recited Indenture by and against the persons in the said Indenture mentioned, shall henceforth apply to and be in force in the said Ibadan Territories for the purpose of and so far as is necessary for carrying out the terms and conditions in the said Indenture contained, and exercising the powers thereby granted. 29th day of December, 1900. Whereas by Ordinance No. 5 of 1890 it is enacted among other things that it shall be lawful for the Governor, with the advice and consent of the Legislative Council to apply all the Ordinances, Rules and Orders for the time being in force in the Colony of Lagos to certain Territories therein described; And whereas the Territories aforesaid include the Egba Territories; And whereas by an Indenture made the 17th day of December, 1900, certain lands within the Egba Territories more particularly therein described were granted to Her Majesty the Queen by the Alake and Authorities of the Egba Nation for a period of ninetynine years upon the terms and subject to the conditions in the said Indenture contained; And whereas it is expedient to apply the Ordinances, Rules and Orders for the time being in force in the Colony to the Egba Territories for the purpose of and so far only as is necessary for carrying out the terms and conditions in the said Indenture contained: Now, therefore, I, Sir George Chardin Denton, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Lieutenant-Governor of the Colony of Lagos, in exercise of the power vested in me by the above-recited Ordinance and of all other powers enabling me in that behalf, do hereby, with the advice and consent of the Legislative Council of the said Colony, order that all the Ordinances, Rules and Orders for the time being in force in the Colony, relating to the offences referred to in the above-recited Indenture by and against the persons in the said Indenture mentioned, shall henceforth apply to and be in force in the said Egba Territories for the purpose of and so far as is necessary for carrying out the terms and conditions in the said Indenture contained and exercising the powers thereby granted. Application CHAPTER IX. PROBATES (RECOGNITION). (No. 10.-1893.) 1.-(1.) This Ordinance shall apply to the United Kingdom and of Ordinance to British Courts in Foreign Countries. to United in Foreign Countries, and to British (2.) The Governor may, on being satisfied that the Legislature of Kingdom and British Courts any British Possession has made, or is about to make, adequate provision for the recognition in that Possession of Probates and Letters of Administration granted by the Supreme Court of the Colony, direct by Order in Council published in the Gazette, that this Ordinance shall apply to that Possession and in the event of such provision not being made by the Legislature of such Possession within a reasonable time the Governor may, by like order made and published in like manner, revoke any such Order as aforesaid. Possessions. Unless and until otherwise provided by Order as above prescribed the Ordinance shall apply to the British Possessions set forth in the Schedule hereto. 2. Where a Court of Probate in the United Kingdom, or in a British Possession, or a British Court in a Foreign Country, has granted Probate or Letters of Administration in respect of the estate of a deceased person the Probate or Letters so granted may, on being produced to and a copy thereof deposited with the Supreme Court, be sealed with the seal of the Court, and thereupon shall be of the like force and effect, and have the same operation in the Colony as if granted by the Supreme Court of the Colony. 3. The Supreme Court shall before sealing a Probate or Letters of Administration under this Ordinance be satisfied(1.) That probate duty has been paid in respect of so much (if any) of the estate as is liable to probate duty in the Colony: (2.) In the case of Letters of Administration that security has been given in a sum sufficient in amount to cover the property (if any) in the Colony to which the Letters of Administration relate; and may require such evidence (if any) as it thinks fit as to the domicile of the deceased person. 4. The Court may also, if it thinks fit, on the application of any creditor, require before sealing that adequate security be given for the payment of debts due from the estate to creditors residing in the Colony. sealed in lieu 5. For the purposes of this Ordinance a duplicate of any Probate Duplicate or or Letters of Administration sealed with the seal of the Court copy may be granting the same, or a copy thereof certified as correct by or of original. under the authority of the Court granting the same, shall have the same effect as the original. 6. The power of making, altering, amending or revoking Rules Power to given by the Supreme Court Ordinance shall extend to the make rules. making, altering, amending, or revoking of Rules under this Ordinance, for regulating the procedure and practice, including fees and costs in the Supreme Court on and incidental to an application for sealing a Probate or Letters of Administration granted in the United Kingdom, or in a British possession, or by a British Court in a Foreign Country. Subject to any exceptions or modifications made by such Rules, and until such Rules are made and published, the fees and probate duty prescribed by the Rules set forth in the schedules and Appendices to the said Ordinance shall apply and be payable as if the person who applies for sealing under this Ordinance were a person applying for Probate or Letters of Administration. 7. In this Ordinance "Court of Probate means any Court or Definitions. authority by whatever name designated having jurisdiction in matters of probate, and in Scotland means the Sheriff Court of the County of Edinburgh. "Probate" and "Letters of Administration " include confirmation in Scotland, and any instrument having, in a British Possession the same effect which under English law is given to Probate and Letters of Administration respectively. "Probate duty" includes any duty payable on the value of the estate and effects for which Probate or Letters of Administration is or are granted. "British Court in a foreign country" means any British Court having jurisdiction out of the King's dominions in pursuance of an Order in Council whether made under any Act or otherwise. "Colony" includes Protectorate. 8. This Ordinance shall be construed as one with the Supreme Short title. Court Ordinance, and may be cited as "The Probates (British and Colonial) Ordinance." SCHEDULE. British possessions to which the Ordinance applies :- The Gold Coast. British Guiana (Order of 1st October, 1896). The Straits Settlements (Order of 8th April, 1897). |