The Secrets of an Aborted Decolonisation: The Declassified British Secret Files on the Southern Cameroons

Chapter 4. Legislation Establishing Courts of Justice

87 Chapter Four Legislation Establishing Courts of Justice Magistrates’ Courts Supplement to Southern Cameroons Gazette Extraordinary No. 21, Vol. 1, 26th November 1955 – Part A Magistrates’ Courts (Southern S.C. No. 6 of 1955 Cameroons) Law, 1955 The Magistrates’ Courts (Southern Cameroons) Law, 1955 Arrangement of Sections PART I. – Preliminary Section 1. Short title and commencement 2. Interpretation PART II. Establishment of Magistrates’ Courts 3. Power to divide the Southern Cameroons into districts 4. Establishment and jurisdiction of Magistrate’s Court in each district 5. Presiding officer shall not exceed powers granted him PART III. Officers of The Court 6. Appointment of magistrates 7. Territorial jurisdiction of magistrates 8. Magistrates ex officio justices of the peace 9. Duties of a Chief Magistrate 10. Procedure when magistrate personally interested in a case before him 11. Appointment and removal of justices of the peace 12. Powers and functions of justices of the peace 13. Governor may confer power of a magistrate upon justice of the peace 14. Justice of the peace shall not exceed powers granted him 15. Appointment of registrar 16. Control of registrar 17. Duties of registrar 88 The Secrets of an Aborted Decolonisation PART IV. – Jurisdiction of The Courts 18. Civil jurisdiction of chief magistrates 19. Criminal jurisdiction of chief magistrates 20. Criminal jurisdiction of magistrates of the first, second and third grades 21. Conditions under which magistrate may deal summarily with offences 22. Special jurisdiction in certain cases 23. Power of Governor-General to increase jurisdiction of magistrates 24. General powers of magistrates 25. Acts of magistrates not affected by error as to venue 26. Magistrate to have process of High Court executed 27. Proceedings by or against officer of the court 28. Administration of oaths Law to Be Administered 29. Extent of application of law of England 30. Law and equity to be concurrently administered, but equity to prevail in certain cases 31. Application of native laws and customs Reconciliation 32. Courts to promote reconciliation 33. In pending civil cases 34. In criminal cases Credit to Natives 35. Credit to natives Power to Transfer 36. Transfer between magistrate in same district 37. Magistrate may report causes for transfer 38. Transfer to native court 39. Restriction on transfer 40. Transfer of causes by a judge 41. Effect of order of transfer 42. No appeal from order of transfer 89 Chapter Four: Legislation Establishing Courts of Justice Revision 43. Monthly lists to be sent to judge PART V. – Sittings of The Court 44. Fixing of times and places for sittings of courts 45. Nature of business at any sitting 46. Adjournment of the court 47. Adjournment over Sunday or holiday 48. Change of place of hearing Venue 49. Venue in civil cases PART VI. – Practice And Procedure of The Court 50. Practice and procedure 51. Pleading judgments of other courts in defence 52. Completion by magistrate of process begun by predecessor 53. Process of magistrate valid 54. Issue of process 55. Inspection 56. Duty of police to obey magistrate Determination by Magistrate 57. Trial by magistrate Recording of Proceedings 58. Magistrate to keep notes of evidence and minutes of proceedings 59. Examination of witnesses Arbitration 60. Power of magistrate to refer to arbitration 61. Powers of magistrates to refer to referee 90 The Secrets of an Aborted Decolonisation Witnesses 62. Service of summons to witnesses 63. Forfeiture for neglecting witness summons 64. Evidence of prisoners Absconding Defendant 65. Apprehension of absconding defendant and procedure thereon 66. Defendant may be freed by nearest magistrate if arrested out of jurisdiction Addresses 67. Addresses Judgment Giving of Judgment 68. Giving of judgment on conclusion of hearing 69. Judgment in action for recovery of chattel 70. What orders to be made 71. Decree to be obeyed without demand 72. Payment and suspension of judgments and orders 73. Execution and power to stay execution Finality of Judgment 74. Judgments How Far Final Costs 75. Apportionment and payment of costs Setting Aside of Judgment and New Trial 76. Setting aside of judgment given in absence of a party 77. Relisting of causes struck out 91 Chapter Four: Legislation Establishing Courts of Justice Unclaimed Money in Court 78. Suitors’ money unclaimed for six years to be forfeited and go to general revenue Evidence of Record of Proceedings 79. Entries of copies intended to be admissible as evidence PART VII. – Appeals 80. Right of appeal from decisions and judgments of magistrates 81. Appeal not to...