such charges and certificate shall be forwarded to the Government Secretary.

(6.) The Master of Court shall transmit to His Majesty's Secretary of State for the Colonies the Letter of Request for service received from the foreign country, together with the evidence of service, with a certificate appended thereto duly sealed with the seal of the Court of the Resident Commissioner for use out of the jurisdiction. Such certificate shall be in the form set out below.

I,

Certificate of Service of Foreign Process.

Master of Court of Basutoland, hereby certify that

the documents annexed hereto are as follows:—

(1.) The original Letter of Request for service of process received from the Court or Tribunal at

in the

of

; and

in

(2.) The process received with such Letter of Request; and (3.) The evidence of service upon the person named in such Letter of Request, together with the verification of a notary public. And I certify that such service so proved, and the proof thereof, are such as are required by the law and practice of the Court of the Resident Commissioner regulating the service of legal process of the said Court in Basutoland, and the proof thereof.

And I certify that the cost of effecting such service as duly certified by me amounts to the sum of Dated this

day of

19 .

ORDINANCE of the Government of Southern Nigeria to amend “The Immigrant Paupers Ordinance, 1908."

[No. 6.]

J. J. THORBURN.

”米

[March 4, 1909.]

BE it enacted by the Governor of the Colony of Southern Nigeria, with the advice and consent of the Legislative Council thereof, as follows;

1. This Ordinance may be cited as "The Immigrant Paupers (Amendment) Ordinance, 1909."

2. Section 3 of "The Immigrant Paupers Ordinance, 1908," is hereby amended by striking out the words "such sum as the Treasury may determine," and substituting therefor the words. "such sum, not exceeding 1007., as the Treasurer may determine."

Passed in the Legislative Council this 4th day of March, in the year of our Lord 1909.

* Vol. CII, page 566.

Assented to in His Majesty's name this 4th day of March,

1909.

J. J. THORBURN, Acting Governor.

ORDINANCE of the Government of Southern Nigeria to make Provision for the Exercise of the Powers and Jurisdiction acquired by His Majesty in the Territory of the Awujale of Jebu Ode.

[No. 22.]

W. EGERTON.

[November 3, 1909.]

WHEREAS by an Order in Council bearing date the 16th day of February, 1906, as amended by an Order in Council bearing date the 15th day of February, 1909, it was provided that the Legislative Council for the time being of the Colony of Southern Nigeria might exercise and provide for giving effect to all such powers as His Majesty might at any time, either before or after the passing of the said Orders, have acquired or might acquire within such territories of the West Coast of Africa, near or adjacent to the Colony of Southern Nigeria, as in the said Order were described;

And whereas by an Agreement dated the 11th day of November, 1908, entered into between Sir Walter Egerton, K.C.M.G., Governor of the Colony of Southern Nigeria, on behalf of His Most Excellent Majesty King Edward VII, and the Awujale and authorities of Jebu Ode, His Majesty has acquired certain powers and jurisdiction in the territory of the Awujale of Jebu Ode;

And whereas the territory of Jebu Ode is within the limits of the Southern Nigeria Protectorate, as defined by the aforesaid Order of His Majesty in Council of the 16th day of February, 1906;

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;

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

1. This Ordinance may be cited as "The Jebu Ode Jurisdiction Ordinance, 1909."

2. In this Ordinance, "Agreement" means the Agreement set out in the schedule annexed hereto, and "Jebu Ode' the territory of the Awujale of Jebu Ode.

means

3. The jurisdiction acquired by His Majesty under the Agreement shall be vested in the Supreme Court of the Colony of Southern Nigeria (hereinafter called "the Court"), and the

Court is hereby empowered to carry the said jurisdiction into effect.

4. The jurisdiction by this Ordinance vested in the Court shall, except as hereinafter mentioned, be exercised under and according to the provisions of the Supreme Court Ordinance, including the 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 crimes and offences, for the time being in force in the Colony of Southern Nigeria, shall extend to and be in force 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 of Southern Nigeria, 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 jurisdiction vested in it by this Ordinance, shall have the right to observe and enforce the observance of the laws and customs existing in Jebu Ode, such laws and 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 Jebu Ode 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 the English law, and in such causes and matters as the Court may deem just and equitable.

7. All laws of the Colony of Southern Nigeria 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 Procedure Ordinance, 1908," shall not apply to the jurisdiction by this Ordinance vested in the Court.

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.

SCHEDULE.

Jebu Ode Agreement.

AGREEMENT made this 11th day of November, 1908, between his Excellency Sir Walter Egerton, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commanderin-Chief in and over the Colony of Southern Nigeria, for and on behalf of His Most Excellent Majesty Edward VII, of the United Kingdom of Great Britain and Ireland, and of all the British Dominions beyond the Sens, King, Emperor of India, his heirs and successors, of the one part, and the Awujale and authorities of Jebu Ode, for and on behalf of themselves, their heirs and successors, and the people of Jebu Ode, on the other part;

Whereas Jebu Ode is under the protection of His Most Excellent Majesty King Edward VII, and trade and commerce have vastly increased in Jebu Ode in recent years, and large numbers of British subjects and others have settled there;

Now therefore the Awujale and authorities of Jebu Ode for and on behalf of themselves, their heirs and successors, and of the people of Jebu Ode, do hereby agree and acknowledge that the hereinafter-mentioned powers and jurisdiction in the Jebu Ode district are vested in His Most Excellent Majesty Edward VII of the United Kingdom of Great Britain and Ireland, and of all British Dominions beyond the Seas, King, Emperor of India, his heirs and successors, that is to say :

1. Power and jurisdiction over all persons not being natives of the district of Jebu Ode, for the repression and punishment of all crimes and offences.

2. 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 the district of Jebu Ode.

3. Power and jurisdiction for the administration and control of the property and persons of all persons not being natives of the district of Jebu Ode.

4. Power and jurisdiction over all persons whomsoever for the repression and punishment of the crimes of murder and manslaughter.

5. Power and jurisdiction to execute and carry into effect the aforesaid powers and jurisdiction.

6. Power and jurisdiction to execute the process of the Supreme Court of the Colony throughout the Jebu territory.

And the Awujale and Council of the Jebu Ode district for and on behalf of themselves, their heirs and successors, and the natives of Jebu Ode district, hereby declare that it is their strong desire that barristers and solicitors should not be allowed to practise in the Courts exercising the civil jurisdiction herein before acknowledged.

And it is hereby understood and agreed between the parties hereto that all persons charged with committing indictable crimes and offences-the jurisdiction over which has been acknowledged by the treaty-shall be tried by a Judge of the Supreme Court of the Colony of Southern Nigeria, 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.

It is further agreed that all prisoners awaiting trial or undergoing sentences inflicted by the Supreme Court may, at the option of the Governor, be confined in any Government prison in the Colony or Protectorate.

In witness whereof the said parties have hereunto set their hands and seals the day and year first above written.

of

J. ODUMOSU.

WALTER EGERTON, Governor.

Signed and sealed at Lagos by the said Sir Walter Egerton, in the presence

E. ARNEY SPEED, Acting Chief Justice.

H. C. MOORHOUSE, Acting Provincial Commissioner.

H. V. NEAL, District Commissioner.

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 Awujale and authorities of Jebu Ode.

HY. LIBERT, Chief Clerk Native Affairs.

Passed in the Legislative Council this 3rd day of November, in the year of our Lord 1909.

Assented to in His Majesty's name this 3rd day of November,

1909.

W. EGERTON, Governor and Commander-in-chief.

ORDINANCE of the Government of Southern Nigeria to Consolidate and amend the Law relating to Trademarks.

[No. 18.]

J. J. THORBURN.

[November 4, 1910.]

BE it enacted by the Governor of the Colony of Southern Nigeria, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as "The Trade-marks Ordinance, 1910," and shall come into operation on the 1st day of January, 1911,