Laws of the Colony of Southern Nigeria

Punishment

for carrying spirituous liquors or tobacco into prison.

Punishment for carrying letters, &c.,

into or out of prisons, contrary to regulations.

Form of information. Modes of proof.

Prisoner seriously ill may be

removed by order of Provincial Commis

sioners, and

28. Every person who contrary to the prison regulations brings or attempts by any means whatever to introduce into any prison any spirituous or fermented liquor or tobacco, and every officer of a prison who suffers any spirituous or fermented liquor or tobacco to be brought, kept, or used therein contrary to the prison regulations, shall be punished with imprisonment, with or without hard. labour, for a term not exceeding six months, or to a penalty not exceeding twenty pounds, or both, in the discretion of the Court, and every officer of a prison convicted under this section shall, in addition to any other punishment, be liable to be dismissed from his office, and to forfeit all arrears of salary due to him.

29. Every person who contrary to the prison regulations conveys or attempts to convey any letter or other document, or any article whatever not allowed by such regulations into or out of any prison, shall be punished with fine not exceeding twenty pounds, and if an officer of the prison shall also be liable to forfeit his office and all arrears of salary due to him, but this section shall not apply in cases where the offender is liable to more severe punishment under any other provision of this Ordinance.

30. In any charge or information against any person for any offence contrary to the provisions of this Ordinance, it shall be sufficient to charge and allege that the prisoner by whom, or in relation to whom, such offence was committed, was at the time of such offence being committed under sentence of penal servitude or imprisonment with hard labour, setting out the date of such sentence and the term of continuance thereof, or was otherwise lawfully committed to custody, as the case may be, without otherwise charging or alleging any information, trial, conviction, judgment or sentence. The officer having the custody of the records of the Court where such sentence or other order of imprisonment shall have been passed or made shall, at the request of any person prosecuting on His Majesty's behalf, make out and give a certificate in writing signed by him containing the effect and substance only (omitting the formal part or parts thereof respectively) of every information and conviction of such prisoner and of the sentence thereupon, or of any other order of imprisonment, which certificate shall upon proof of identity of the prisoner be sufficient evidence of the conviction and sentence or order of imprisonment of any such prisoner.

Illness of Prisoners.

31. In case of the serious illness of any prisoner confined in any Prison under any sentence of a Court or Judge, the Provincial Commissioner may on the certificate of the Medical Officer of such Prison make an order for the removal of such prisoner to the Government Civil Hospital, and in case of emergency such removal shall forthwith be made by the Superintendent upon the written

written certi

certificate of the said Medical Officer, provided always that in such in cases of case the said Medical Officer shall within twenty-four hours of such emergency on removal report the same to the Provincial Commissioner and forward ficate of together with such report a certificate signed by him stating the medical nature of the illness of the prisoner and the circumstances in which officer, to a hospital. his immediate removal was effected. (3 of 1884, s. 1.)

32. So long as any prisoner who shall have been removed to any Monthly Government Čivil Hospital under the provisions of the last pre- report to be sent by ceding section shall remain therein, the Medical Officer thereof medical shall, at the end of every month, transmit to the Superintendent officer of of the Prison a Report setting forth the names of such prisoner or hospital. prisoners and a certificate signed by him that it is in his opinion necessary that he or they should so remain in the said Hospital. (3 of 1884, s. 2.)

33. So soon as in the opinion of the Medical Officer in charge of any hospital, it is no longer necessary that any prisoner who, under the provisions of this Ordinance shall have been removed to the said Hospital, remain therein, the said Medical Officer shall transmit to the Superintendent a certificate in writing, signed by him stating that such necessity has ceased, and thereupon the Superintendent shall forthwith cause such prisoner to be brought back to the gaol if he is still liable to be confined therein. (3 of 1884, s. 3.)

34. If any prisoner shall escape during such time as he is in any Government Civil Hospital as aforesaid no Prison Officer shall be held answerable therefor, unless such prisoner shall have been in the personal custody of such officer. (3 of 1884, s. 4.)

Power to convey prisoners

back to gaol.

Liability of prison officers

for escape limited.

officials to

35. Every precaution shall be taken by the Medical Officers and Medical other officers of the Government Civil Hospitals to prevent the officers and escape of prisoners who may at any time be under treatment in the hospital said Hospitals, and it shall be lawful for the officers of the said take preHospitals to take such measures for preventing the escape of any cautions for such prisoners as shall be necessary, provided that nothing be done preventing under authority hereof which in the opinion of the Medical Officers is likely to be prejudicial to the health of such prisoners. (3 of 1884, s. 5.)

escapes.

36. Where in any case from the gravity of the offence for which Sheriff may any prisoner may be in custody or for any other reason the Super- take measures intendent considers it to be desirable to take further measures for for further security of the security of such prisoner while under treatment in a Government any prisoner Civil Hospital it shall be lawful for him to give such prisoner into in hospital. the charge of fit and proper persons not being less than two in number, one of whom at the least shall always be with such prisoner day and night, and such persons shall be vested with full power and authority to do all things necessary to prevent such

prisoner from escaping and shall be answerable for his safe custody until such time as he is handed over to the prison authorities on his discharge from Hospital or until such time as his sentence expires, whichever may first occur. (3 of 1884, s. 6.)

Convicts under extended

Miscellaneous Provisions.

37. Any convict under any extended sentence shall be liable to be dealt with and punished in the same manner in every respect, and particularly by repeated extensions of his sentence, as if he was under an original sentence of penal servitude, or imprisonment under original with hard labour. (9 of 1876, s. 31.)

sentence dealt

with as if

sentence.

Protection to

in execution

38. Any action or prosecution against any person for anything persons acting done in execution, or intended execution, of this Ordinance, shall of Ordinance. be commenced within three months after the cause of action arose, and not otherwise, and if at the instance of any convict prisoner within three months after the discharge of such prisoner from prison.

Notice in writing of every such action, and of the cause thereof, shall be given to the Defendant one month at least before the commencement of the action.

In any such action the Defendant may plead generally that the act complained of was done in execution, or intended execution of this Ordinance, and give this Ordinance and the special matter in evidence at any trial to be had thereupon.

The Plaintiff shall not recover if tender of sufficient amends is made within one month after notice of action, or before action, brought by or on behalf of the Defendant.

The Defendant may by leave of the Court after action brought, and before issue joined, pay money into Court as in other actions.

If a verdict passes for the Defendant, or the Plaintiff becomes non-suit or discontinues the action, or if on demurrer or otherwise judgment is given for the Defendant, the Defendant shall recover double costs, and have the like remedy for the same as any Defendant hath by law in other cases.

Though a verdict or judgment shall be given for the Plaintiff, he shall not have costs against the Defendant, nor more than two pence damages, unless the Judge by whom the trial is had certify his approbation of the action. (9 of 1876, s. 33.)

PRISONS ORDINANCE.

SCHEDULE I.

REGULATIONS FOR GOVERNMENT OF PRISONS.

Gate Rules.

unlocking

1. The outer gates of the Prison shall be locked and the keys Hours of delivered to the Superintendent at 6 o'clock each night, and he locking and shall then see that the officers resident in the prison are all present. prison. No ingress or egress shall be allowed into or out of the prison between the hours of six at night and six in the morning, except to the Medical Officer and persons furnished with an order in writing under the hand of one of the visiting committee.

2. No person other than the officers of the prison, the Medical Visitors not Officer and the prisoners shall be in the prison between the to be in the hours of six at night and six in the morning without the Prison at night. permission in writing of one of the visiting committee.

3. The officer acting as gate porter shall take charge of all Charge of letters, parcels, or articles sent in for any prisoner, and deliver letters and them to the Superintendent.

-kirjat

Laws of the Colony of Southern Nigeria, Nide 1