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Rules of Court, be understood as hereinafter defined or explained, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such definition or explanation, that is to say:
"Her Majesty" or "the Queen" shall include Her Majesty the Queen, her heirs and successors. "Governor" shall include the officer for the time being administering the Government of the Gold Coast Colony.
"Governor in Council" shall mean the officer administering the Government with the advice of the Executive Council of the Colony.
"The Colony" shall mean the Gold Coast Colony, and shall include the settlement on the Gold Coast and the territories near or adjacent thereto wherein Her Majesty may at any time before or after the commencement of this Ordinance have acquired powers and jurisdiction.
"Colonial Waters" shall mean the waters of the Colony, as the term Colony is herein defined.
"Gazette" shall mean the publication in which official announcements by the Governor are usually made. "Ordinance" shall include any Orders or Rules made under the authority of, and having the force and effect of an Ordinance.
"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.
"Moveable Property" or "Goods" includes money, bills, bonds, notes, deeds, and corporeal property of every description except lands and chattels real.
"Immoveable Property" or "Lands" includes land and every thing attached to the earth, or permanently fastened to anything which is attached to the earth, and all chattels real.
"Year" and "Month" mean respectively a year or month, reckoned according to the British calendar.
Computation of time.
Number and gender.
signation to include officer executing duties.
"Oath," "Swear," and "Affidavit" shall include and apply to the affirmation or declaration of any person by law allowed to make an affirmation or declaration in lieu of an oath.
An indictable offence, on conviction for which a person can, without proof of his having been previously convicted of crime, be sentenced to death, or to imprisonment with hard labour for three years or more, is a "Felony," whether it be actually prosecuted summarily or on information.
9. Unless the contrary shall be expressly provided, or shall be implied from the context, in all cases in which any particular number of days shall be prescribed or mentioned in any Ordinance, Order of the Governor in Council, or Rule of Court for the doing of any act, or for any other purpose, the same shall be reckoned exclusive of the first and inclusive of the last day.
10. Unless the contrary shall be expressly provided, or shall be implied from the context and general purview of the Ordinance, Order of the Governor in Council, or Rule of Court, words importing the singular number or the masculine gender only shall be understood to include several matters as well as one matter, and several persons as well as one person, and bodies corporate as well as individuals, and females as well as males; and words importing the plural number shall be understood to apply to one matter as well as to more than one.
11. When reference is made in any Ordinance, Order of the Governor in Council, or Rule of Court to any public officer by the term designating his office, such term shall include the officer for the time being executing the duties of such office, and such other officer as may from time to time be appointed to undertake any portion of such duties.
Ordinance No. 4 of 1876.
AN ORDINANCE for the Constitution of a Supreme Court,
WHEREAS by Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date the 24th day of July, 1874, Her Majesty's Settlements on the Gold Coast and of Lagos were constituted and erected into one Colony, under the title of the Gold Coast Colony; And whereas it is expedient to make provision for the administration of justice in the said Colony.
Be it enacted, by the Governor of the Gold Coast Colony, by and with the advice and consent of the Legislative Council thereof, as follows:—
1. This Ordinance may be cited as the "Supreme Court Short title Ordinance, 1876," and shall commence and come into and comoperation upon such day after Her Majesty shall have signified her approbation and sanction thereof as shall be fixed by proclamation under the hand of the Governor, to be published in the Gazette.*
2. In this Ordinance and in any Ordinance in which Interpretathis Ordinance shall be incorporated or applied the follow- tion of terms. ing words and expressions shall have or include the meanings hereinafter attached to them, unless there be something in the subject or context repugnant to such meanings, (that is to say)
"Court" includes the Supreme Court, and the Chief Justice, and Puisne Judges of the Supreme Court, sitting together or separately, and every District Commissioner being engaged in any judicial act or proceeding, or inquiry.
"The jurisdiction" or "the jurisdiction of the Court"
* Proclaimed, January 22, 1877; came into operation April 4, 1877.
means the local limits of the jurisdiction of the Supreme Court as defined by this Ordinance. Whenever the term "the particular jurisdiction" is used, it means the local limits of the jurisdiction, as defined by this Ordinance, of the Court which is mentioned or referred to in the immediate context. "Province" and "District" shall respectively mean a Province or District constituted in the manner prescribed by this Ordinance.
"Imperial Laws" shall include general rules or orders of Court made under any Imperial Act.
Where in any Rule in the Schedules to this Ordinance the expression "the Ordinance" is used, it means the Supreme Court Ordinance, 1876.
"Sheriff" shall include a deputy sheriff and any person lawfully authorised to execute the process of the Court.
"Registrar" shall include the Chief Registrar and every
"Solicitor" shall include Attorney.
"Cause" shall include any action, suit, or other original proceeding between a plaintiff and a defendant, and any criminal proceeding.
"Suit" shall include action, and shall mean a civil proceeding commenced by writ of summons or in such other manner as may be prescribed by Rules of Court, and shall not include a criminal proceeding. "Matter" shall include every proceeding in the Court
not in a cause.
"Cause of action" in suits founded on contract shall not necessarily mean the whole cause of action; but a cause of action shall be deemed to have arisen within the jurisdiction if the contract was made therein, though the breach may have occurred elsewhere, and also if the breach occurred within the jurisdiction, though the contract may have been made elsewhere.
"Plaintiff" shall include every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether writ, petition, or otherwise.
"Petitioner" shall include every person making any
"Judgment" and " Decree" shall be deemed synony
“Execution Creditor" shall include every person having title to enforce a judgment or order by process of
"Judgment Debtor" shall include every person ordered by a judgment or order in a civil cause or matter to pay money, or to do or abstain from doing any
"Office copy 99
CONSTITUTION OF THE COURT.
ment of the
3. From and after the commencement of this Ordinance Establishthere shall be a Court which shall be called the Supreme Supreme Court of the Gold Coast Colony, and shall constitute, under Court. and subject to the provisions of this Ordinance, the Supreme Court of Judicature for the Colony.
of the Court.
4. The Supreme Court shall consist of the Chief Justice Constitution of the Gold Coast Colony and so many Puisne Judges not exceeding four in number at any one time as the Governor may, from time to time, appoint by letters patent under the seal of the Colony in accordance with such instructions as he may receive from Her Majesty, and also of the Chief Justice and every Judge of the Supreme Court of the Colony of Lagos. And the Chief Justice and every Judge of the Supreme Court of the Colony of Lagos shall be