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INTERPRETATION AND GENERAL CLAUSES.
WHEREAS it is expedient to define the Rules of Interpretation applicable to certain terms and provisions usually adopted in Ordinances and other legal enactments, and to make provision with regard to the construction and application thereof;
1. This Ordinance may be cited as "The Interpretation and Title. General Clauses Ordinance."
2. In this Ordinance and in every written law whether made Interpretabefore or after the commencement of this Ordinance unless there tion of terms. be something repugnant in the subject or context,
(1) "Chapter" "Part" "Section" and "Schedule" shall
denote respectively a Chapter, Part and Section of and
(2) "Commencement" used with reference to an Ordinance shall
(4) The "Company" shall mean "The Niger Company,
(5) "The Gazette" shall mean the publication in which official announcements by the Governor are usually made.
Government Notice" shall mean any announcement not
(7) "Governor" shall include the Officer for the time being
(8) "Governor in Council" shall mean the Officer administering the Government with the advice of the Executive Council of the Colony.
(9) “His Majesty" or "The King" shall include His Majesty the King, His heirs and Successors.
(10) "Immoveable Property" or "Lands" shall include land and
everything attached to the earth or permanently fastened to anything which is attached to the earth and all chattels real, but shall not include minerals.
"Master" used with reference to a ship shall mean any person (except a pilot or harbour master) having for the time being control or charge of the ship.
(12) "Military Forces" shall include all Officers, Warrant Officers, Non-Commissioned Officers and Civilians, British and Native, and all Native rank and file belonging to and borne on the strength of the West African Frontier Force (Southern Nigeria Regiment). (13) "Moveable Property" or "Goods" shall include money, bills, bonds, notes, deeds, and corporeal property of every description, except lands and chattels real.
(14) "Native" shall mean any person who is under Native law and Custom or under any Ordinance a member of a Native Community of the Colony or Protectorate.
(15) "Oath," "Swear," and "Affidavit" include and apply to the affirmation or declaration of any person by law allowed to make an affirmation or declaration in lieu of the oath.
(16) "Ordinance" shall include any Order or Rule made under the authority of and having the force and effect of an Ordinance.
(17) "Person" shall include any company or association or body of persons corporate or unincorporate.
(18) "Police Officer "shall include any member of the Police Force of the Colony.
(19) "Prescribed" shall mean prescribed by the Ordinance in which the word occurs or by any rules duly made thereunder.
(19A) "Province" and "District" shall mean respectively a Province and a District as constituted under the provisions of the Supreme Court Ordinance.
(20) "Protectorate" shall mean the Protectorate of Southern Nigeria, as defined and limited from time to time by order of His Majesty in Council.
(21) "Public Holiday" shall mean any day which under the provisions of the Public Holidays Ordinance is to be observed as a public holiday.
(22) "Public Officer " or " Public Department" shall extend to and include every Officer or Department invested with or performing duties of a public nature, whether under the immediate control of the Governor or not.
(23) "Registered" used with reference to a document shall mean registered under the provisions of the law for the time being applicable to the registration of such document. "Resident in the Colony or Protectorate" shall include all persons travelling in or for the time being present in the Colony or Protectorate.
(25) "Rules" shall include regulations and bye-laws.
(26) "Secretary of State" shall mean one of His Majesty's Principal Secretaries of State.
(27) "Ship" shall include every description of vessel used in navigation not exclusively propelled by oars.
(28) "Sign" with reference to a person who is unable to write his name shall include "mark."
(29) "Statutory declaration" shall mean a declaration made by virtue of the provisions of the Imperial Act known as "The Statutory Declarations Act, 1835.”
(30) "Supreme Court" shall mean the Supreme Court of the Colony.
(31) "Treasurer" or "Colonial Treasurer" shall mean the principal financial officer by whatever name such officer may
(32) "Will" shall include a codicil.
(33) Words importing the masculine gender shall be taken to include females.
(34) Words in the singular shall include the plural and rice
Writing" shall include printing, photographing, litho-
(36) "Written Law" shall mean and include all Ordinances
"Year" and "Month" shall mean respectively a year or
3. All Ordinances shall be divided into sections, if there be more Ordinances to enactments than one, which sections shall be deemed to be sub- be divided stantive enactments without any introductory words. (3 of 1876, without any s. 2.)
4. The Clerk of the Legislative Council shall inscribe on every Date of comOrdinance, immediately after the title of such Ordinance, the day, mencement. month, and year, when the same shall have received the Governor's assent, and such inscription shall be taken to be a part of such Ordinance, and to be the date of its commencement where no other commencement shall be therein provided. (3 of 1876, s. 3.)
5. Where any Ordinance repealing in whole or in part any Repealed former Ordinance is itself repealed, such last repeal shall not Ordinances
by repeal of repealing Ordinance.
visions of any
Ordinance to remain in
force till the
Effect of repealing Ordinances.
Ordinances to be deemed
General provisions with respect to power given to any authority to make Orders or Rules.
revive the Ordinance or provisions before repealed unless words be added reviving such Ordinance or provisions. (3 of 1876, s. 4.)
6. Wherever any Ordinance shall be made repealing in whole or in part any former Ordinance and substituting some provision or provisions instead of the provision or provisions repealed, such provision or provisions so repealed shall remain in force until the substituted provision or provisions shall come into operation by force of the last made Ordinance. (3 of 1876, s. 5.)
7.—(1) Where any Ordinance repeals and re-enacts, with or without modification, any provision of a former Ordinance, references in any other Ordinance to the provision so repealed shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted.
(2) Where any Ordinance repeals any other enactment, then unless the contrary intention appears, the repeal shall not—
(a) Revive anything not in force or existing at the time at which the repeals take effect; or
(b) Affect the previous operation of any enactment so repealed or anything duly done or suffered under any enactment so repealed; or
(c) Affect any right, privilege, obligation or liability acquired, accrued, or incurred under any enactment so repealed;
(d) Affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or
(e) Affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be imposed as if the repealing Ordinance had not been made. (P. 11 of 1905, s. 6.)
8. Every Ordinance made after the commencement of this Ordinance shall be deemed and taken to be a Public Ordinance and shall be judicially taken notice of as such unless the contrary be expressly provided and declared by such Ordinance. (3 of 1876, s. 6.)
9. Where an Ordinance confers power on any authority to make Orders or Rules the following provisions shall, unless the contrary intention appears, have effect with reference to the making and operation of such Orders or Rules:
(a) Any Order or Rule may be at any time amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made;
(b) There may be annexed to the breach of any Order or Rule such penalty not exceeding Fifty Pounds or such term of imprisonment not exceeding Six Months, with or without hard labour, or both, as the Order or Rule-making authority may think fit, subject to disallowance by His Majesty;
(e) No Order or Rule shall be inconsistent with the provisions of any Ordinance;
(d) All Orders and Rules shall be published in the Gazette and
or from the date named therein, subject to disallowance
10. Where by or under any Ordinance, the Governor or any Appointment Public Officer or Body is empowered to appoint or name a person of Officers by to have and exercise any powers or perform any duties, the name or office. Governor or such Public Officer or Body may either appoint a person by name, or direct the person for the time being holding the office designated by the Governor or such Public Officer or Body to have and exercise such powers and perform such duties; and thereupon or from date specified by the Governor or the Public Officer or Body, the person appointed by name or the person holding the office aforesaid shall have and may exercise such powers or perform such duties accordingly. (P. 11 of 1905, s. 11.)
11. Where by or under any Ordinance, any powers are conferred Power of or any duties are imposed upon a Public Officer, the Governor Governor to provide for may direct that if during any period owing to absence or inability execution of to act from illness or any other cause such Public Officer shall be duties of unable to exercise the powers or perform the duties of his Office Public Officer in any place under his jurisdiction or control, such powers shall be during temhad and may be exercised and such duties shall be performed in absence or such place by the person named or the Public Officer holding the inability. office designated by the Governor; and thereupon such person or Public Officer during any period aforesaid, shall have and may exercise the powers and shall perform the duties aforesaid, subject to such conditions, exceptions and qualifications as the Governor may direct. (P. 11 of 1905, s. 12.)
12. When reference is made in any written law to any Public Official desigOfficer by the term designating his Office, such term shall include nation to the Officer for the time being executing the duties of such Office or any portion of such duties. (P. 11 of 1905, s. 13.)
13. Where by any written law the Governor is empowered to Power of exercise any powers or perform any duties, he may depute any Governor to person by name or the person for the time being holding the appoint Deputy in office designated by him to exercise such powers or perform such certain cases. duties on his behalf, subject to such conditions, exceptions and