Signature.

Computation of time.

When noting equivalent to protest.

Protest when notary not accessible.

Dividend

91.-(1) Where, by this Ordinance, any instrument or writing is required to be signed by any person, it is not necessary that he should sign it with his own hand, but it is sufficient if his signature is written thereon by some other person by or under his authority.

(2) In the case of a corporation, where, by this Ordinance, any instrument or writing is required to be signed, it is sufficient if the instrument or writing be sealed with the corporate seal.

But nothing in this section shall be construed as requiring the bill or note of a corporation to be under seal.

92. Where, by this Ordinance, the time limited for doing any act or thing is less than three days, in reckoning time non-business days are excluded.

"Non-business days" for the purpose of this Ordinance mean(a) Sunday, Good Friday, Christmas Day:

(b) A day appointed by Ordinance, Proclamation, Notice, or Order as a public holiday.

Any other day is a business day.

93. For the purposes of this Ordinance, where a bill or note is required to be protested within a specified time or before some further proceeding is taken, it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding; and the formal protest may be extended at any time thereafter as of the date of the noting.

94. Where a dishonoured bill or note is authorized or required to be protested, and the services of a notary cannot be obtained at the place where the bill is dishonoured, any householder or substantial resident of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill.

The form given in the Schedule to this Ordinance may be used with necessary modifications, and if used shall be sufficient.

95. The provisions of this Ordinance as to crossed cheques shall warrants may apply to a warrant for payment of dividend.

be crossed.

Savings.

96. (1) The rules of common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, shall continue to apply to bills of exchange, promissory notes, and cheques.

(2) Nothing in this Ordinance shall affect

(a) The provisions of the Stamp Ordinance, or of any Ordinances or Orders in Council amending it, or any

Ordinance or enactment for the time being in force relating to the Revenue.

(b) The validity of any usage relating to dividend warrants, or the indorsements thereof.

SCHEDULE.

Form of Protest which may be used when the Services of a Notary Section 94. cannot be obtained.

Know all men that I, A.B. (householder), of

in the

Colony of Southern Nigeria, at the request of C.D., there being no notary public available, did on the

at

day of

19 "

demand payment (or acceptance) of the bill of exchange hereunder written, from E.F., to which demand he made answer (state answer, if any), wherefore I now, in the presence of G.H. and J.K., do protest the said bill of exchange.

N.B. The bill itself should be annexed or a copy of the bill

and all that is written thereon should be underwritten.

Interpretation of terms.

"Imperial Standard Pound" means the Imperial Standard Pound defined in the Act of the Imperial Parliament, 41 and 42 Victoria, Chapter 49, intituled "An Act to consolidate the law relating to Weights and Measures";

"Pound Avoirdupois" means a weight equal to the Imperial Standard Pound;

"Gallon" means a measure of capacity equal to the Imperial Standard Gallon as defined in the said Act;

"Imperial Standard Yard" means the Imperial Standard Yard defined in the said Act;

"Yard" means a length equal to the Imperial Standard Yard; Square Yard" means a square, each of whose sides is one yard in length;

"Common Balance" means a balance which is never in equilibrium unless the weights in the two scales are equal;

"Weighing-machine" includes balance, scale, beam, steely ard, and every other machine for determining weight;

66

Inspector" includes Deputy Inspector, unless the context requires otherwise; and

"Colony" includes Protectorate.

Avoirdupois weight.

Schedule A.

II. LEGAL WEIGHTS AND MEASURES.

2. A pound avoirdupois shall be the primary weight in the Colony.

The weights specified in the first column of Schedule A to this Ordinance are hereby declared to be such parts or multiples of a pound avoirdupois as are respectively specified in the second column of the said Schedule A.

Those weights are hereby declared to be avoirdupois weights.

3. The weights specified in the first column of Schedule B to Troy weights. this Ordinance are hereby declared to be such parts or multiples of

a pound avoirdupois as are respectively specified in the second Schedule B. column of the said Schedule B.

Those weights are hereby declared to be troy weights.

Any weight which is any decimal part or any multiple of an ounce troy may be used as a troy weight.

4. A gallon shall be the primary measure of capacity in the Measures of Colony. capacity.

The measures of capacity specified in the first column of Schedule Schedule C. C to this Ordinance are hereby declared to be such parts or multiples of a gallon as are respectively specified in the second column of the said Schedule C.

Those measures are in this Ordinance referred to as Imperial measures of capacity.

5. A yard shall be the primary measure of length in the Colony. Measures of The measures of length specified in the first column of Schedule length. D to this Ordinance are hereby declared to be such parts or mul- Schedule D. tiples of a yard as are respectively specified in the second column

of the said Schedule D.

Those measures are in this Ordinance referred to as Imperial measures of length.

6. A square yard shall be the primary measure of surface in the Measures of Colony.

The measures of surface specified in the first column of Schedule E to this Ordinance are hereby declared to be such parts or multiples of a square yard as are respectively specified in the

second column of the said Schedule E.

Those measures are in this Ordinance referred to as Imperial measures of surface.

surface.

Schedule E.

used gene

7. The avoirdupois weights specified in Schedule A to this Avoirdupois Ordinance, and any weight being any part or multiple of any of weights to be the said avoirdupois weights, may be used in selling or computing rally. the weight of any article whatever, and shall be the only weights Schedule A. that may lawfully be used in the sale of any article, or in any computation of weight for the purpose of any contract relating to,

or of any dealing in any article; provided that gold and silver, Proviso as to and articles made thereof, including gold and silver thread, lace or precious fringe, and also platinum, diamonds and other precious metals or stones and stones, may be sold or dealt in by the troy weights referred to in Section 3 of this Ordinance.

metals.

Schedule B.

8. Subject to the provisions of this Ordinance, any weight Presumptions mentioned or referred to in any enactment of this Colony, or in any as to expressale, contract, bargain or dealing, if the article in question be of sions denoting

S.N.-VOL. I.

3 A

weight, used in contracts.

What measures of capacity and length to be used. Schedules C, D and E.

the class of articles which, according to this Ordinance, may be sold or dealt in by troy weight, shall be deemed to be troy weight, and if the article be not of that class, shall be deemed to be avoirdupois weight, unless, in either case, the contrary is expressed or implied.

9. The measures specified in Schedules C, D and E to this Ordinance, and parts or multiples of any of them, shall be the only measures that may, in any sale, contract, bargain or dealing, be lawfully used for computing or expressing the quantity of anything to be measured.

III. STANDARDS OF WEIGHT AND MEASURE.

10. The Governor shall from time to time, as occasion may require, procure copies of the Imperial Standards of Weight, capacity and length representing and corresponding to the several Weights and measures mentioned in Schedule F to this Ordinance, and every copy so procured shall be verified at the Standards Department of the Board of Trade in England, before being brought into use in the Colony.

Each of such copies shall be made of such materials and in such manner and shall be placed in such a receptacle as to be, so far as practicable, proof against mechanical and atmospheric agencies and all other sources of error.

The copies so procured shall be the Colonial Standards of Weight and Measure and shall for all purposes be conclusively deemed to be true and accurate copies of the respective Imperial Standards.

Depository of 11. The Colonial Standards shall be kept at the Treasury, and the standards. the receptacle in which the same are kept shall be secured by two locks, which shall not be capable of being opened by the same key. The key of the one lock shall be kept by the Colonial Secretary, the standards. and the key of the other lock by the Treasurer; and the Colonial Secretary and the Treasurer shall be the Wardens of the Colonial Standards.

Wardens of

Secondary

standards to be also procured.

12. The Governor shall procure such copies of the Colonial Standards or any of them as he may think fit, and shall provide for verifying the same, and shall cause such copies to be authenticated as secondary standards in such manner as he may think proper.

Judicial notice shall be taken of every secondary standard so authenticated.

The secondary standards shall, at such times as the Governor may appoint, be compared with the Colonial Standards in the presence of the Wardens of the Colonial Standards, and, when necessary, shall be corrected and adjusted.