Commissioners to execute process of Supreme Court.

Act of Com

missioners not affected by errors as to venue.

Jurisdiction of Commis

imprisoned by a District Commissioner to be liberated on bail, or on his own recognizances. (7 of 1884, s. 4, amended.)

56. Every District Commissioner shall, when required by the Court, execute any writ or order or process issuing from the Supreme Court, and shall take security from any person named in a writ or order for his appearance in the Supreme Court, and shall, in default of security being given, or when the Supreme Court so orders, send the person to the place named in the writ. (4 of 1876, s. 46.)

57. No act done by or under the authority of a District Commissioner shall be void or impeachable by reason that such act was done, or that any act, offence, or matter in respect of or in relation to which such act was done, occurred, or was situated beyond the limits of the District for which such Commissioner may have been appointed. If the defendant in any civil or criminal cause wherein any such objection might but for this enactment be of force shall at or before, but not after the time when he is required to state his answer or to plead in such cause or matter before the Commissioner, allege specially any such objection, the Commissioner shall consider the same, and if it appears to him that there is prima facie proof of the objection he shall report such cause or matter to the Court, and the Court shall make an order directing where the cause or matter shall be heard and determined, and such order shall not be subject to appeal. (4 of 1876, s. 47.)

58. No jurisdiction conferred upon any District Commissioner shall in any way restrict or affect the jurisdiction of the Supreme Court, but the Supreme Court shall have in all causes and matters, that of Court. civil and criminal, an original jurisdiction concurrent with the jurisdiction of the several Commissioners. (4 of 1876, s. 48.)

sioners concurrent with

Chief Justice

Commissioners of affidavits or for taking evidence.

59. The Chief Justice may appoint under his signature and the may appoint Seal of the Court, from time to time, such and so many persons as may be requisite to be Commissioners for taking affidavits and declarations and receiving production of documents, or for taking the examination of witnesses on interrogatories or otherwise which may be necessary to be taken in respect of any proceedings in the Court, and any Order of the Court for the attendance and examination of witnesses or production of documents before any such Commissioner within the jurisdiction of the Court shall be enforced in the same manner as an Order to attend and be examined or produce documents before the Court. (4 of 1876, s. 49.)

Protection of 60. No action shall be brought against any Commissioner in Commissioner respect of any act or order bonâ fide performed or made by him in from actions. the execution, or supposed execution, of the powers or jurisdiction.

vested in him, but every such act or order if in excess of such powers and jurisdiction shall be liable to be revised, altered,

amended, or set aside upon summary application to the Court. (4 of 1876, s. 50.)

POLICE MAGISTRATES.

61. It shall be lawful for the Governor to appoint officers Police entitled Police Magistrates, who shall be ex officio Commissioners Magistrates. of the Supreme Court. (8 of 1895, s. 1, amended.)

62. The Police Magistrates shall reside at such places as the Local jurisGovernor may direct, and have and exercise jurisdiction in and diction. over such Districts as shall from time to time be assigned to them. (8 of 1895, s. 2, amended.)

63.* The jurisdiction powers and duties of a Police Magistrate Legal jurisshall be in all respects the same as those of a District Commis- diction. sioner, as constituted by the Ordinances Rules and Orders for the time being in force and all such Ordinances Rules and Orders shall apply to a Police Magistrate and to the proceedings in and appeals from his Court in like manner as to a District Commissioner, and to proceedings in and appeals from a District Commissioner's Court. (8 of 1895, s. 3.)

detailed for

trate may be other duties and a sub

64. It shall be lawful for the Governor at any time to order a Police MagisPolice Magistrate to perform any other duty, and in such case to appoint another officer temporarily to perform the duties of Police Magistrate, and also, whenever he shall deem it necessary for any cause, from time to time to appoint an Acting Police Magistrate. stitute Such officer, or Acting Police Magistrate, shall, when so appointed, and during the continuance of such appointment, exercise all the powers and perform all the duties of a Police Magistrate. (8 of 1895, s. 9.)

CORONERS.†

65. Every Police Magistrate and every District Commissioner shall be Coroner for the District to which he has been appointed. (3 of 1883, s. 10, and 8 of 1895, s. 6, amended.)

appointed.

Police Magistrates and

District Commissioners to be Coroners.

66. The Governor shall have power to appoint such persons as Power of he may think fit, to be Deputy Coroners for such District or such Governor to part thereof as shall be prescribed by any Order as aforesaid, and appoint Deputy such Deputy Coroners, for such time as may be set forth in the Coroner terms of their appointment, shall have the same powers as are capable of being exercised by the Coroners of the respective Districts or parts thereof to which they are so appointed:

Every such Deputy Coroner shall be removable from office at the and to remove discretion of the Governor. (3 of 1883, s. 11.)

* See Appendix A., sect. 21.
† See Appendix A., sects. 22-29.

him.

His power to appoint Deputy

67. In case a Police Magistrate or District Commissioner shall be unable from illness to perform his duties as Coroner, it shall be Coroner when lawful for him in the absence of a Deputy Coroner appointed by District Com- the Governor as herein before mentioned, to appoint in writing,

missioner

unable to perform his duties.

Such Deputy
Coroner to

send report of
inquest to
District Com-

missioner.

Sheriff.

Senior Police

Officer to be
Deputy
Sheriff of

Lagos District

in certain cases.

Deputy
Sheriffs.

under his hand, a fit and proper person to act as Deputy Coroner in any case in which he may be called upon so to do, and any such Deputy Coroner shall have the same powers as the Coroner for the investigation of any case for the consideration of which the Coroner may appoint him. (3 of 1883, s. 13.)

68. Immediately after the termination of any inquest held under the provisions of the two last preceding sections, the Deputy Coroner shall forward to the Police Magistrate or District Commissioner, as the case may be, for whom he shall have acted as Deputy, the notes taken by him at such inquest, and all forms, documents and papers relating thereto, together with a report in writing signed by him containing any recommendation or observations on the case which he thinks fit to make. (3 of 1883, s. 14.)

SHERIFF.

69. The Inspector General of Police shall be er officio Sheriff of the Colony, and may lawfully execute the office of Sheriff at any place within the jurisdiction of the Supreme Court. (14 of 1897, s. 53.)

Provided that the Governor may at any time and for such time as he may think fit appoint any other person to be Sheriff of the Colony in place of the said Inspector General. (7 of 1901, s. 2.)

70. In the event of the absence from the Lagos District of the Colony, or of the illness, or incapacity of the Sheriff, the senior Officer of Police resident in the Colony shall ex officio be Deputy Sheriff of the Lagos District, and may lawfully execute the office of Sheriff at any place within the jurisdiction of the Supreme Court. Such Deputy Sheriff shall be removable from office at the discretion of the Governor. (14 of 1897, s. 54.)

71. The Governor may appoint a person who shall be resident in each District to be Deputy Sheriff therein, and every such Deputy Sheriff shall receive writs and process of the Court in the District in which he is stationed, directed to the Sheriff, and be charged with the execution thereof and making return thereto, and with the execution generally of the duties of the Sheriff in such District. Every such Deputy Sheriff shall be removable from office at the discretion of the Governor.

Unless and until such appointment as aforesaid is made, the District Commissioner of any District shall be ex officio Deputy Sheriff therein. (14 of 1897, s. 55.)

72. All fees received by any Sheriff, Acting Sheriff, or Deputy Sheriff's fees. Sheriff, in respect of his office as such, shall be paid into the Treasury, and form part of the general revenue of the Colony. (14 of 1897, s. 56.)

73. Every duty of the Sheriff in the execution of any process Execution of of the Court may be performed by such Officers or Constables of process. the Police Force, or other persons, as may be authorized by the Sheriff; and any Officer or Constable, or other person, who is in possession of any such process shall be presumed to be duly so authorized, and shall for all the purposes of such execution, and connected therewith, be an Officer of the Court. (4 of 1876, s. 58.)

Sheriff.

74. Neither the Sheriff nor any Deputy Sheriff shall be liable Protection of to be sued for any act or omission of any Officer, Constable, or other person in the execution of any process, which shall have been done, or may have occurred, either through disobedience or neglect of the orders or instructions given by the Sheriff or Deputy Sheriff. (4 of 1876, s. 59, amended.)

OFFICERS OF COURT.

Courts.

75. A Registrar and Interpreter shall be attached to every Officers of Divisional Court, who shall respectively perform such duties in Divisional execution of the powers and authorities of the Court, as may from time to time be assigned to them by rules of Court, or subject thereto by any special Order of the Court. (4 of 1876, s. 61.)

76. Subject to such rules or orders, the Registrar in each Court Duties of shall issue all summonses, warrants, precepts, and writs of execution, Registrars. and shall register all orders and judgments, and shall keep a record of all proceedings of the Court, and shall have the custody and keep an account of all fees and fines payable or paid into Court, and of all moneys paid into or out of Court, and shall enter an account of all moneys paid into or out of Court, and shall enter an account of all such fees, fines, and moneys as and when received, in a book belonging to the Court, to be kept by him for that purpose, and shall from time to time, at such times as shall be required by the regulations of the Treasury Department, or as may be directed by the Court, submit his accounts to be audited and settled by the Auditor, and shall pay into the Treasury the amount of fines and fees in his custody, and, subject to such regulations or directions, such audits and payments shall take place not seldomer than once in every month. (4 of 1876, s. 62.)

77. Subject to such rules or orders as aforesaid, every Registrar Taxing shall be Taxing Master for the Court to which he belongs, and shall Master. tax all bills of costs in accordance with the scale of fees for the time being in force, subject to review of such taxation by the Court. (4 of 1876, s. 63.)

Bailiffs.

Officers of the
Full Court.

Deputy Registrars and other officers.

Transfer of officers.

officers.

78. The Bailiffs shall be appointed by the Sheriff subject to the approval of the Court, and may by themselves or their assistants serve and execute any process issued out of the Court, and shall at all times when not actually engaged in such service or execution attend the Court and shall obey all directions of the presiding Judge for preserving order and decorum in the Court. (4 of 1876, ss. 64 and 65, part.)

79. The Registrar and Interpreter of the Divisional Court usually presided over by the Chief Justice (who shall be called respectively the Chief Registrar and Chief Interpreter), shall also be Registrar and Interpreter of the Full Court; but every Officer attached to any Divisional Court shall perform all such Duties with respect to business before the Full Court as may from time to time be directed by rules of Court or by any order of the Chief Justice. (4 of 1876, s. 66.)

80. The Governor may from time to time appoint Deputy Registrars, who shall have and may exercise all the powers and duties of the Registrars, and such other officers as may be necessary, and may attach such Deputy Registrars or officers to any Judge or Commissioner of the Supreme Court. (4 of 1876, s. 67.)

81. The Governor may, on the application of the Chief Justice, transfer any Officer attached to any Court from time to time to any other Court, either for temporary or permanent duty. (4 of 1876, s. 68.)

Negligence or 82. If an Officer of the Court employed to execute an order, misconduct of wilfully or by neglect or omission loses the opportunity of executing it, then, on complaint of the person aggrieved, and proof of the fact alleged, the Court may, if it thinks fit, order the Officer to pay the damages sustained by the person complaining, or part thereof, and the Order shall be enforced as an Order directing payment of money. (4 of 1876, s. 69.)

Procedure in charges against

officers.

83. If an Officer of the Court is charged with extortion under pretence of the process or authority of the Court, or with not duly paying over money levied, or with any other misconduct, the Court, if it thinks fit, may (without prejudice to any other liability or punishment to which the officer would in the absence of the present provision be liable) inquire into the charge in a summary manner, and may for that purpose summon and enforce the attendance of all necessary persons as in a suit, and may make such order for the repayment of any money extorted, or for the payment over of any money levied, and for the payment of such damages and costs as the Court thinks just; and the Court may also, if it thinks fit, impose on the officer such fine, not exceeding twenty pounds for each offence, as the Court thinks just. (4 of 1876, s. 70.)