11. To have jurisdiction of High Court of Justice in England.

12. Her Majesty's civil and criminal jurisdiction in adjacent Territories vested in Court.

13. Power to appoint guardians and committees of lunatics, &c.

14. How far the law of England in force.

15. Practice and procedure.

16. In probate, divorce and matrimonial causes. 17. Rules as to the application of imperial laws.

18. Law and equity to be concurrently administered.

19. Application of native laws and customs.

Transference of Jurisdictions and causes.

20. Transference of functions of existing Courts and Magistrates to Supreme Court.

21. Transference of causes.

Sittings and Distribution of Business.

22. The Governor to make certain provisions.

23. Provinces and Districts defined, subject to future appointments.

24. Divisional Courts.

34. District Commissioners appointed by the Governor to be ex officio Commissioners of the Court.

35. General Powers of Commissioners.

36. Commissioners to form Courts.

37. Commissioners to be coroners.

38. Commissioners to have powers of justices.

39. Commissioners subject to the directions of the Court.

40. Commissioners may refer matters to the Court.

41. Appeals from Commissioners.

42. Minutes to be transmitted to Court where Commissioner punishes for

contempt.

43. Courts to which appeals and references are to be made.

44. Transmission of proceedings.

45. Commissioners to make reports to Court.

46. Commissioners to execute process of Supreme Court.

47. Acts of Commissioners not affected by errors as to venue.

48. Jurisdiction of Commissioners concurrent with that of Court.

49. Chief Justice may appoint Commissioners of affidavits or for taking evidence.

50. Protection of Commissioners from actions.

Appeals.

51. Appeal sittings of the Full Court.

52. Attendance of puisne judges at appeal sittings.

53. When Appeal lies.

54. Questions of law may be reserved and stated for opinion of the Full Court. 55. Powers of single judges of appeal.

56. Sheriff of the colony.

Officers of Court.

57. Deputies of Sheriffs in provinces.

58. Execution of process.

59. Protection of Sheriff.

60. Transfer of matters in charge of retiring Sheriff to successor.

61. Officers of Divisional Courts.

62. Duties of Registrars.

63. Taxing Masters.

64. Messengers.

65. Duties of Messengers.

66. Officers of the Full Court.

67. Deputy Registrars and other officers.

68. Transfer of officers.

69. Negligence or misconduct of officers.

70. Procedure in charges against officers.

Barristers, Solicitors and Proctors.

71. Admission of Barristers and Solicitors.

72. Certificate of call or admission to be deposited with Registrar.

73. Admission on examination.

74. Fit persons may be admitted temporarily.

75. Enrolment of practitioners.

76. Barristers may practise as Solicitors and the latter as Advocates.

77. Recovery of costs and legal liabilities.

78. Practitioners deemed officers of Court.

79. Striking off the roll and suspension from practice.

80. Penalty for unlawfully practising.

81. Summoning witness.

Evidence.

82. Compelling attendance; penalty on non-attendance.

83. In criminal cases, warrant may issue in first instance.

84. Refusal to be sworn or give evidence.

85. Persons in Court may be required to give evidence though not summoned. 86. Prisoners may be brought by warrant to give evidence.

87. Allowances to witnesses.

88. How defrayed.

89. Cases in which evidence may be taken without oath.

90. Penalty on giving false evidence.¡

91. Inspection.

92. Referees in matters of native law.

93. Evidence to be taken in writing.

94. Minutes of proceedings.

95. Forgery of seal of Court or signatures of judges; false personation.

GEORGE CUMINE STRAHAN, Governor.

No. 4.-1876.

Title.

Preamble.

AN ORDINANCE for the Constitution of a Supreme Court, and
for other purposes relating to the Administration of
Justice.
[31st March, 1876.]
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 Her Majesty has power and jurisdiction in divers
Territories near or adjacent to Her Majesty's said Gold Coast
Colony; And whereas it is expedient to make provision for
the administration of justice in the said Colony and Terri-
tories;

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:

Short title and commencement.

Interpretation of terms.

PRELIMINARY.

1. This Ordinance may be cited as the "Supreme Court Ordinance, 1876," and shall commence and come into operation 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 this Ordinance shall be incorporated or applied the following 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)

1877.

"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 22nd, 1877; came into operation April 4th,

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 pre

scribed 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.

"Gold Coast Constabulary" shall mean the constabulary or police force of the Gold Coast Colony, under whatsoever law or Ordinance such force may for the time being be constituted.

"Sheriff" shall include a Deputy Sheriff and any person lawfully authorised to execute the process of the Court.

66

Registrar" shall include the Chief Registrar and every Registrar and Deputy Registrar. "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.

as a

“Plaintiff" shall include every person asking any relief (otherwise than by way of counter-claim defendant) against any other person by any form of proceeding, whether writ, petition, or otherwise.

Establishment

of the Supreme Court.

Constitution of the Court.

"Petitioner " shall include every person making any appli-
cation to the Court otherwise than as against any
defendant.
"Defendant" shall include every person served with any
writ of summons or process, or served with notice.
of, or entitled to attend, any proceedings in a civil
cause, and also every person charged under any
process of the Court with any crime or offence.
"Committed for trial" includes every case of a person

ordered to be tried on information, whether im-
prisoned or admitted to bail.

"Judgment" and "Decree" shall be deemed synonymous

66

terms.

Execution Creditor" shall include every person having title to enforce a judgment or order by process of

execution.

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 act. "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 everything attached to the earth, or permanently fastened to anything which is attached to the earth, and all chattels real.

"Office copy" means a copy, either made under direction of the Court or produced to the proper officer of the Court for examination with the original, and examined by him therewith, and in either case certified by him as correct.

CONSTITUTION OF THE COURT.

3. From and after the commencement of this Ordinance there shall be a Court which shall be called the Supreme Court of the Gold Coast Colony, and shall constitute, under and subject to the provisions of this Ordinance, the Supreme Court of Judicature for the Gold Coast Colony and for the Territories thereto near or adjacent wherein Her Majesty may at any time before or after the commencement of this Ordinance have acquired powers and jurisdiction.

4. The Supreme Court shall consist of the Chief Justice of the Gold Coast Colony, and so many Puisne Judges, not