may have arisen, that such party agreed that his obligations in connection with such transactions should be regulated exclusively by English law: and in cases where no express rule is applicable to any matter in controversy, the Court shall be governed by the principles of justice, equity, and good conscience. SITTINGS AND DISTRIBUTION OF BUSINESS. districts. 20. The Governor in Council may from time to time by Provinces and Order published in the Gazette, provide for the formation of provinces and districts, and may in like manner revoke, alter or amend any such Order.* Council may limit jurisdic. tion 20 (A). The Governor in Council may from time to time Governor in by Order(1) declare that the jurisdiction of the Supreme Court of shall not extend to any part of the Colony speci- Court. fied in such Order; (2) impose within any part of the Colony specified in such Order any limitation in respect of the class of causes or matters to which the jurisdiction of the Supreme Court shall extend and apply; (3) revoke, alter or amend any Order made as aforesaid. On the publication in the Gazette of any Order made under this section the jurisdiction of the Supreme Court shall be exercised in accordance with the terms of such Order and not otherwise. Supreme districts 21. Subject to such Orders of the Governor in Council Provinces and as aforesaid, and until such Orders shall have been made, defined. the following shall be the provinces wherein the jurisdiction vested in the Supreme Court shall be exercised: The Western Province shall consist of all parts of the Colony lying to the west of a straight line drawn northwards from the town of Appam, including the countries of Abra, Brimen, Ejumako, Akunfi, and Oguan, but not including the country of Gomoa; The Eastern Province shall consist of all parts of the Colony lying eastward of the Western Province; and the districts wherein the jurisdiction vested in the For Districts created, see App. p. 1081. Power of Governor to station or Supreme Court shall be exercised as aforesaid, shall be the districts of the Settlements on the Gold Coast, which at the commencement of this Ordinance were the stations of Civil Commandants or District Magistrates, together with the portions of the territories thereto adjacent within which such Commandants or Magistrates have been in use to exercise powers and jurisdiction. 22. The Governor may from time to time by Order under his hand appoint either temporarily or permanently move Judge. the province or place in or at which each Judge shall exercise jurisdiction; and may in like manner transfer any Judge from one province or place to another province or place. Divisional Power of of assizes. 23. For the more convenient despatch of business, Divisional Courts of the Supreme Court shall be holden in each province, and every such Divisional Court may, subject to the power of transference hereinafter enacted, exercise all or any part of the original jurisdiction, civil and criminal, vested in or for the time being capable of being exercised in such province by the Supreme Court. If necessary, several Divisional Courts may be held concurrently in the same province. A Divisional Court of the Supreme Court shall be fully constituted by any one of the Judges thereof, but may consist of two Judges. Any Puisne Judge appointed by the Governor to exercise jurisdiction in any province shall be qualified and empowered to sit in any Divisional Court of such province. The Chief Justice shall be at all times qualified to sit in any Divisional Court in any province. Whenever two Judges shall sit in a Divisional Court the senior Judge according to the order of their precedence under this Ordinance shall have two votes in case of difference in opinion. 24. The Governor may from time to time by Order under appoint time his hand appoint the places and times at which Divisional Courts shall be held for the trial of criminal and civil causes and the disposal of all other legal business pending. At such sittings (which shall be called the Assizes) all criminal causes shall as far as practicable be tried and determined in priority to any other business.* * Order made 1st March, 1898. See Appendix, p. 1086. The Governor may by Order under his hand revoke alter or amend any Order made as aforesaid. assizes Order. In default of any appointment by the Governor as afore- Quarterly said Assizes shall be held in each province or place in or in default of at which a Judge is exercising jurisdiction on the first Governor's Monday in January, April, July and October, or if any such Monday be a dies non then on the lawful day next following. 25. All persons committed for trial shall be committed Gaol delivery. for trial at the next Assizes held in the province in which the offence ought by law to be tried, and if more than one such Court shall be held simultaneously, then at the Court which may be directed in the commitment of such persons. Any trial may be postponed if such postponement appear expedient for the interests of justice. all times for 26. Subject to any appointment by the Governor the Court open at Court shall be open throughout the year in every province general for the transaction of the general legal business pending business. therein other than the trial upon information of criminal causes, and may at any time hear and determine any cause or matter pending in Court other than the causes last aforesaid, upon such notice to the parties and otherwise as shall be determined by rules of Court, or as shall seem just and reasonable. Divisional 27. Subject to any appointment by the Governor, and Special except when required to sit in the Full Court, it shall be Courts. lawful for any Judge appointed to exercise jurisdiction in any province to appoint a special Divisional Court at any place therein for the trial of any civil cause, or of any criminal cause, whenever circumstances render it in his opinion expedient to do so. of Court in 28. In case the Judge before whom any Divisional or Adjournment special Divisional Court is to be held shall from any cause Judge's be unable or fail to attend the same on the day appointed, absence. and no other Judge shall attend in his stead, the Court shall stand adjourned de die in diem until a Judge shall attend or until the Court shall be adjourned or closed by order under the hand of a Judge or by a Commissioner of the Court. Power of transfer by POWER OF TRANSFER. 29. Any cause or matter may at any time, and at any Chief Justice. stage thereof, and either with or without application from Manner of its exercise. Any Court may report causes for transfer. Effect of order of transfer. Chief Justice may appoint Commissioners of affidavits, &c. any of the parties thereto, be transferred by the Chief. Justice from any Court to any other Court, and such cause may be transferred either entirely or in respect of any part thereof or procedure required to be taken therein. 30. The power of transfer shall be exercised by means of an order under the hand of the Chief Justice and seal of the Court, which may apply either to any particular cause or causes, matter or matters, in dependence, or generally to all such causes and matters as may be described in such order, and in the latter case may extend to future causes or matters as well as to such as may at the time of making such orders be in dependence. The Chief Justice may at all times cancel, alter, add to, or amend any such order. 31. Any Court may, of its own motion, or on the application of any person concerned, report to the Chief Justice the pendency of any cause or matter, civil or criminal, which in the opinion of such Court ought for any reason to be transferred from such Court to any other Court or Judge. The Chief Justice shall direct in what mode and where the cause or matter shall be heard and determined. 32. Every order of transfer shall operate as a stay or prohibition of proceedings in the Court or before the Judge to whom it may be addressed in any cause or matter to which the order extends or is applicable, and the process and proceedings in every such cause or matter, and an attested copy of all entries in the books of the Court relative thereto, shall be transmitted to the Court or Judge to whom the same shall be transferred, and such cause or matter shall be heard and determined by or before the Court or Judge to whom the same shall be assigned by such order. COMMISSIONERS FOR TAKING AFFIDAVITS, &c. 33. The Chief Justice may appoint under his signature and the 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. APPEALS. sittings of the 34. The Full Court shall hold sittings for the hearing of Appeal appeals and other matters in Accra and Cape Coast, and Full Court. also at such other place or places on such dates as the Chief Justice, subject to rules of Court, shall appoint. Such sittings shall be held not less than four times in every year, provided that any appeals or other matters are pending. 35. The Chief Justice may from time to time, with the Attendance of Puisne Judges approval in writing of the Governor, request the attendance at appeal of one or more of the Puisne Judges at any sitting of the sittings. Full Court, and such Judge or Judges shall attend accordingly. Any Puisne Judge so called to a sitting of the Full Court shall continue to possess and may exercise any powers exercisable by a single Judge of Appeal until the next succeeding sitting of the Full Court. lies. 36. An appeal shall lie to the Full Court from all final When appeal judgments and decisions of a Divisional Court or Judge where the claim thereby determined shall exceed the amount or value of fifty pounds, and by leave of the Judge making the order, but not otherwise, from all interlocutory orders and decisions made in the course of any suit: provided always that the Full Court shall have power at all times, when it shall hold its sittings, to entertain any application in reference to any suit or matter pending before the Court in any province, and to make any order and give such directions thereon as the justice of the case may require. reserved and stated for opinion of the 37. Any Judge may reserve for consideration by the Questions of Full Court, on a case to be stated by him, any question of law may be law which may arise on the trial of any cause, civil or criminal, and in a civil case may give any judgment of nonsuit, or for either party, subject to the opinion of the Full Court, and in a criminal case, if a verdict of guilty be Full Court. |