CHAPTER II.

INTERPRETATION AND GENERAL CLAUSES.

WHEREAS it is expedient to define the Rules of Interpretation applicable to certain terms and provisions usually adopted in Ordinances and other legal enactments, and to make provision with regard to the construction and application thereof;

1. This Ordinance may be cited as "The Interpretation and Title. General Clauses Ordinance."

2. In this Ordinance and in every written law whether made Interpretabefore or after the commencement of this Ordinance unless there tion of terms. be something repugnant in the subject or context,

(1) "Chapter" "Part" "Section" and "Schedule" shall

denote respectively a Chapter, Part and Section of and
Schedule to the Ordinance in which the word occurs and
"Sub-section" shall denote a sub-section of the section in
which the word occurs.

(2) "Commencement " used with reference to an Ordinance shall
mean the day on which the Ordinance comes into force.
(3) "District Commissioner" shall include Assistant District
Commissioner holding a judicial warrant under the
provisions of the Supreme Court Ordinance.

(4) The "Company" shall mean "The Niger Company,

Limited."

(5) "The Gazette" shall mean the publication in which official announcements by the Governor are usually made.

(6) "Government Notice" shall mean any announcement not of a legislative character made by the Governor in the Gazette.

(7) "Governor" shall include the Officer for the time being administering the Government of the Colony.

(8) "Governor in Council" shall mean the Officer administering the Government with the advice of the Executive Council of the Colony.

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(9) "His Majesty' or "The King" shall include His Majesty the King, His heirs and Successors.

(10) "Immoveable Property" or "Lands" shall include land and

4

Interpretation and General Clauses.

everything attached to the earth or permanently fastened
to anything which is attached to the earth and all
chattels real, but shall not include minerals.
"Master 99

(11)

used with reference to a ship shall mean any
person (except a pilot or harbour master) having for the
time being control or charge of the ship.
(12) "Military Forces" shall include all Officers, Warrant
Officers, Non-Commissioned Officers and Civilians,
British and Native, and all Native rank and file
belonging to and borne on the strength of the West
African Frontier Force (Southern Nigeria Regiment).
"Moveable Property" or "Goods" shall include money,
bills, bonds, notes, deeds, and corporeal property of every
description, except lands and chattels real.

(13)

(14) "Native" shall mean any person who is under Native law
and Custom or under any Ordinance a member of a
Native Community of the Colony or Protectorate.

(15) "Oath," "Swear," and "Affidavit" include and apply to
the affirmation or declaration of any person by law
allowed to make an affirmation or declaration in lieu of
the oath.

(16) "Ordinance" shall include any Order or Rule made under
the authority of and having the force and effect of an
Ordinance.

(17) "Person" shall include any company or association or body
of persons corporate or unincorporate.
(18) "Police Officer" shall include any member of the Police

Force of the Colony.

(19) "Prescribed" shall mean prescribed by the Ordinance in
which the word occurs or by any rules duly made there-
under.

(19A) "Province" and "District" shall mean respectively a
Province and a District as constituted under the
provisions of the Supreme Court Ordinance.
"Protectorate shall mean the Protectorate of Southern
Nigeria, as defined and limited from time to time by
order of His Majesty in Council.

""

(20)

(21) "Public Holiday" shall mean any day which under the
provisions of the Public Holidays Ordinance is to be
observed as a public holiday.

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(22) "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.

(23) "Registered" used with reference to a document shall mean
registered under the provisions of the law for the time
being applicable to the registration of such document.

(24) "Resident in the Colony or Protectorate" shall include all
persons travelling in or for the time being present in the
Colony or Protectorate.

"Rules" shall include regulations and bye-laws.

(25) "Rules

(26) "Secretary of State" shall mean one of His Majesty's
Principal Secretaries of State.

(27) "Ship" shall include every description of vessel used in
navigation not exclusively propelled by oars.
(28) "Sign" with reference to a person who is unable to write
his name shall include "mark."

(29) "Statutory declaration" shall mean a declaration made by
virtue of the provisions of the Imperial Act known as
"The Statutory Declarations Act, 1835."
(30) "Supreme Court" shall mean the Supreme Court of the

Colony.

(31) "Treasurer" or "Colonial Treasurer" shall mean the principal financial officer by whatever name such officer may be designated.

(32) "Will" shall include a codicil.

(33) Words importing the masculine gender shall be taken to include females.

(34) Words in the singular shall include the plural and rice

versa.

(35) "Writing" shall include printing, photographing, lithographing, and any other modes of representing or reproducing words in a visible form.

(36) "Written Law" shall mean and include all Ordinances
and all Rules, Orders, Government and Public Notices,
letters patent, warrant and process of every kind made
or issued by the Governor or any body or person having
authority under any Ordinance to make or issue the same
in and for the Colony or Protectorate or any part thereof
but it shall not include any Imperial Statute extending
expressly or by necessary implication to the Colony or
Protectorate or any Order of the King in Council, Royal
Charter or Royal Letters Patent.
(37) "Year" and "Month" shall mean respectively a year or
a month reckoned according to the British Calendar.
(P. 11 of 1905, s. 1, and 3 of 1876, s. 7.)

3. All Ordinances shall be divided into sections, if there be more Ordinances to enactments than one, which sections shall be deemed to be sub- be divided stantive enactments without any introductory words. (3 of 1876, s. 2.)

into sections

without any

introductorywords.

4. The Clerk of the Legislative Council shall inscribe on every Date of comOrdinance, immediately after the title of such Ordinance, the day, mencement. month, and year, when the same shall have received the Governor's assent, and such inscription shall be taken to be a part of such Ordinance, and to be the date of its commencement where no other commencement shall be therein provided. (3 of 1876, s. 3.)

5. Where any Ordinance repealing in whole or in part any Repealed former Ordinance is itself repealed, such last repeal shall not Ordinances

not revived

by repeal of repealing Ordinance.

Repealed provisions of any

Ordinance to remain in

force till the

substituted provisions

commence.

Effect of repealing Ordinances.

revive the Ordinance or provisions before repealed unless words be
added reviving such Ordinance or provisions. (3 of 1876, s. 4.)

General provisions with respect to power given to any authority to make Orders or Rules.

6. Wherever any Ordinance shall be made repealing in whole or in part any former Ordinance and substituting some provision or provisions instead of the provision or provisions repealed, such provision or provisions so repealed shall remain in force until the substituted provision or provisions shall come into operation by force of the last made Ordinance. (3 of 1876, s. 5.)

7.-(1) Where any Ordinance repeals and re-enacts, with or without modification, any provision of a former Ordinance, references in any other Ordinance to the provision so repealed shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted.

(2) Where any Ordinance repeals any other enactment, then unless the contrary intention appears, the repeal shall not—

(a) Revive anything not in force or existing at the time at
which the repeals take effect; or

(b) Affect the previous operation of any enactment so repealed
or anything duly done or suffered under any enactment
so repealed; or

(c) Affect any right, privilege, obligation or liability acquired,
accrued, or incurred under any enactment so repealed;

or

(d) Affect any penalty, forfeiture or punishment incurred in
respect of any offence committed against any enactment
so repealed; or

(e) Affect any investigation, legal proceeding or remedy in
respect of any such right, privilege, obligation, liability,
penalty, forfeiture, or punishment as aforesaid;

and any such investigation, legal proceeding, or remedy may be
instituted, continued, or enforced, and any such penalty, for-
feiture, or punishment may be imposed as if the repealing
Ordinance had not been made. (P. 11 of 1905, s. 6.)

be deemed public Ordinances.

Ordinances to 8. Every Ordinance made after the commencement of this Ordinance shall be deemed and taken to be a Public Ordinance and shall be judicially taken notice of as such unless the contrary be expressly provided and declared by such Ordinance. (3 of 1876, s. 6.)

9. Where an Ordinance confers power on any authority to make Orders or Rules the following provisions shall, unless the contrary intention appears, have effect with reference to the making and operation of such Orders or Rules:

:

(a) Any Order or Rule may be at any time amended, varied,
rescinded or revoked by the same authority and in the
same manner by and in which it was made;

(b) There may be annexed to the breach of any Order or Rule such penalty not exceeding Fifty Pounds or such term of imprisonment not exceeding Six Months, with or without hard labour, or both, as the Order or Rule-making authority may think fit, subject to disallowance by His Majesty;

(e) No Order or Rule shall be inconsistent with the provisions of any Ordinance;

(d) All Orders and Rules shall be published in the Gazette and shall have the force of law upon such publication thereof or from the date named therein, subject to disallowance by His Majesty. (P. 11 of 1905, s. 9.)

name or office.

10. Where by or under any Ordinance, the Governor or any Appointment Public Officer or Body is empowered to appoint or name a person of Officers by to have and exercise any powers or perform any duties, the Governor or such Public Officer or Body may either appoint a person by name, or direct the person for the time being holding the office designated by the Governor or such Public Officer or Body to have and exercise such powers and perform such duties; and thereupon or from date specified by the Governor or the Public Officer or Body, the person appointed by name or the person holding the office aforesaid shall have and may exercise such powers or perform such duties accordingly. (P. 11 of 1905, s. 11.)

for

11. Where by or under any Ordinance, any powers are conferred Power of or any duties are imposed upon a Public Officer, the Governor Governor to may direct that if during any period owing to absence or inability execution of to act from illness or any other cause such Public Officer shall be duties of unable to exercise the powers or perform the duties of his Office Public Officer during temin any place under his jurisdiction or control, such powers shall be porary had and may be exercised and such duties shall be performed in absence or such place by the person named or the Public Officer holding the inability. office designated by the Governor; and thereupon such person or Public Officer during any period aforesaid, shall have and may exercise the powers and shall perform the duties aforesaid, subject to such conditions, exceptions and qualifications as the Governor may direct. (P. 11 of 1905, s. 12.)

12. When reference is made in any written law to any Public Official desigOfficer by the term designating his Office, such term shall include nation to the Officer for the time being executing the duties of such Office or any portion of such duties. (P. 11 of 1905, s. 13.)

include Officer executing duties.

13. Where by any written law the Governor is empowered to Power of exercise any powers or perform any duties, he may depute any Governor to person by name or the person for the time being holding the appoint Deputy in office designated by him to exercise such powers or perform such certain cases. duties on his behalf, subject to such conditions, exceptions and