Interpretation Law, 1939

1. Citation. This Law may be cited as the Interpretation Law.

2. Application. (1) This Law shall apply to this Law and to all Laws in force at the date of this Law and to all Laws hereafter enacted, and, unless otherwise expressly stated therein, to all regulations, orders, rules of court, appointments, notices and directions made, issued or given in the State consequent upon authority vested in any person or body by any enactment in force in the State. [1976 No. 3. LBSN 1976 Cap. 76.] (2) This Law shall apply to an Edict as it does to a Law.

3. Definitions. In this Law - A - Official Definitions "appropriate authority" when no particular authority is specified in the context means the n/ember of the Government of the State for the time being charged with responsibility for the matter to which the context relates; "Chairman" means a Chairman of a local government council; "Crown Agents" means the persons fqr the time being acting as Crown Agents for overseas Governments and Administrations; "divisional officer" means an administrative officer appointed in charge of a division of a province; "Governor" means the Governor of the State of Nigeria; [No. 3 of 1976.] "Governor in Council" means the Executive Council ofthe State; "law officers" means the persons for the time being holding the offices respectively of Attorney-General, Solicitor-General and Legal Officer in the State Ministry ofJustice; "magistrate" means a person appointed to be a magistrate under any law creating the office of magistrate in the State; "magistrate's court" means the court of a magistrate established by the law of the State; B - Geographical Definitions "local government area" means a local government council established under the Constitution ofthe Federation; "division" means one ofthe administrative divisions established under the Development Administration Law; [No. 3 of 1976, LBSN 1973, Cap. 53.] "Nigeria" used without qualification means the Federal Republic of Nigeria together with all the inland and territorial waters thereof; [No. 3 of 1976, LBSN 1976, Cap. 76.] "Delta State" and "State" mean that portion of the Federal Republic of Nigeria with all the inland and territorial waters thereof, described as the Delta State of Nigeria; [No. 3 of 1976, LBSN 1976, Cap. 76.] C -General Definitions "Act" or "Act of Parliament" means as the context may require, an enactment of the National Assembly or an enactment of the legislature of the United Kingdom and includes a Decree of the Federal Military Government and any order, regulation, rule of court or proclamation made under the authority of an Act; [No. 3 of 1976, LBSN 1976, Cap. 76.] "act" used with reference to an offence or civil wrong includes a series of acts, and words which refer to acts done and extend to illegal omissions; "Chapter", "Part", "Section" and "Schedule" denote respectively a Chapter, Part and Section of, and Schedule to, the Law in which the word occurs, and "subsection" denotes a subsection ofthe section in which the word occurs; "chief' means a person whose chieftaincy title is associated with a native community; and "commencement" used with reference to a Law means the time at which the Law comes into operation; "consul" or "consular officer" includes consul-general, consul, vice-consul, consular agent an<jl any person for the time being authorised to discharge the duties of a consul- general^ consul or vice-consul; "crew" in {relation to a ship or other vessel means and include masters, mates, pilots, engineers, stokers, deck hands, and, all persons engaged in the navigation or service of the ship or other vessel; "customary court" means a customary court established under any Law authorising the establishment of customary courts; "daily penalty", "weekly penalty" and "monthly penalty" mean a penalty for each day, week or month respectively on which an offence is continued after Conviction therefor; [7 Edw. 7, c. S3, s. 13 extended.] "definitions", when followed by terms defined, means that those terms shall have the meaning assigned to them, unless there is anything in the subject or context repugnant to such meaning; "Development Council" and "Development* Committee" mean respectively a council and a committee established under the Development Administration Law; "Edict" means an enactment of the "Military Governor of a Statò and includes any order, regulation, rule of court, proclamation made under the authority of an Edict, and,the expression "the Edict", where used in such order, regulation, rule of court or proclamation means the Edict under the authority of which such order, regulation, rule of court or proclamation is made; [No. 3 of 1976.) "enactment" means any provision of an Act, Edict, Law or subsidiary instrument; [No. 3 of 1976.] "financial year" means the twelve months ending the thirty-first day of December in any yeàr; "Gazetted indudes the official Gazette of the Federation of Nigeria and "State Gazette" means the official Gazette of the Delta State; "Government" means the Government ofthe State; "government notice" means any announcement not of a legislative character made in the Gazette; "head chief' means any Chief who is not subordinate to any other Chief; "High Cpurt" means the High Court of the State; "House of Assembly" means the House of Assembly of Delta State; "immovable property" or "lands" includes land and everything attached to the earth or permanently fastened to anything which is attached to thesearth, add all chattels real, but'does not include minerals; "Imperial Parliament" means the Parliament ofthe United Kingdom; [No. 3 of 1976.] "inland waters" means and includes all rivers, creeks and lagoons inside the river bars of Nigeria; "Law" means an enactment of a State Legislature and includes any order, regulation, rule of court, by-law or proclamation made under the authority of a Law, and the expression "the Law", where used in any such order, regulation, rule of court, by-law or proclamation, means the Law under the authority of which such order, regulation, rule of court or proclamation, as the case may be, has been made; "legal notice" means a notice published in the Gazette under this title or published in such other manner as may be prescribed by law; "legal practitioner" has the meaning assigned to it by the Legal Practitioners Act, 1990; [LFN Cap. L11.] "master" used with reference to a ship means any person (except a pilot or harbour master) having for the time being control or charge ofthe ship; "military forces" means the armed forces of Nigeria and includes any person who is not a member of the last-mentioned forces but who accompanies, or is employed in the service of, a body ofthose forces; [No. 3 of 1976.] "monogamous marriage" means a marriage which is recognised by the law of the place where it is contracted as a voluntary union of one man and one woman to the exclusion of all others during the continuance of the marriage; "month" means calendar month; "native" includes a native of Nigeria and a native foreigner; "native foreigner" means any person (not being a native of Nigeria) whose parents were members of a tribe or tribes indigenous to some part of Africa and the descendants ofsuch persons, and shall include any person one of whose parents was a member ofsuch tribe; "non-native" means any person who is not a native ofNigeria or a native foreigner;

"native of Nigeria" means any person whose parents were members of any tribe or tribes indigenous to Nigeria and the descendants of such persons, and includes any person one of whose parents was a member ofsuch a tribe; "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 an oath; "part ofthe Commonwealth" means any of Her Majesty's dominions, any other territory for the time being mentioned in section 1 (3) of the British Nationality Act, 1948, of the United Kingdom, any British possession or protected state, and any trust territory for the time being administered by the Government of any part of Her Majesty's dominions; [No. 3 of 1976.] "person" includes any company or association or body of persons corporate or unincorporated; "police pfficer" means any member of a police force, and "senior police^officer" means any poljce officer of or above the rank of Assistant Superintendent; "prescribed" means prescribed by or under the Act or Law in which the word occurs; "public holiday" means any day which, under the provisions of any Law for the time being in iprce in the State, is to be observed as a public holiday; "public ofhcer" or "public department" extends to and includes every officer or department invested with or performing duties of a public nature, whether under the immediate coritrol ofthe President or the Governor of a State or not; "qualified medical practitioner" means a person registered in Nigeria as a medical practitioner under the law for the time being relating to the registration of medical practitioners; "regulations" includes rules and by-laws; "rules of court" means, when used in relation to any court, rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure Ofsuch court, together with the forms necessary thereto; "sale" and "sell" include exchange, barter and offering or exposing for sale; "seaman" includes every person (except masters, pilots and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship; "ship" includes every description of vessel used in navigation not exclusively propelled by oars or paddles; "sign" with reference to a person who is unable to write his name includes mark; "State notice" means any announcement no.t of a legislative character, made by the Governor in the State Gazette; "statutory declaration" if made- (a) in the State, means a declaration made under the Statutory Declaration Law; (b) in Nigeria beyond the State or in the United Kingdom or any British possession beyond Nigeria, means a declaration made before a justice of the peace, notary public or other person having authority therein under the law for the time being in force to take or receive a declaration; (c) in !any other place, means a declaration made before a consul or before any person having authority under any Act of the National Assembly for the time being in force to take or receive a declaration; "subsidiary instrument" means any order, rules, regulations, rules of court or by-laws made under the authority of an Act, Law or Edict; [No.3 of 1976.] "Treasury" means the Treasury of the State; "trust territory" means a territory administered by the Governrfient of any part of Her Majesty's dotninions under the trusteeship system of the United Nations; "United Kingdom" means, in relation to anything done before the date of the constitution of the Irish Free State, Great Britain and Ireland, and in relation to anything done or to be done after that date, Great Britain and Northern Ireland; "vessel" includes floating craft of every description; "will" includes a codicil; "writing" and expressions referring to writing include printing, lithography, photography, typewriting and other modes of representing or reproducing words or figures in a visible form; "written law" includes all Acts, Edicts and Laws and all orders, proclamations and letters patent and all regulations, rules of court and by-laws made by any person or body having authority under any statutory or other enactment to make the same in and for Nigeria or any part thereof, but shall not include any Act of the Imperial Parliament extending expressly or by implication to Nigeria nor any Order of the Queen in Council, Royal Charter or Royal Letters Patent; [No. 3 of 1976.] "year" means a year reckoned according to the British calendar.

4. Time of commencement. Where any Law, or any part of a Law, or any notice, order, regulation, rule of court, warrant, scheme or letters patent made, granted or issued under a power conferred by any Law or by any competent authority, is expressed to come into operation on a particular day, the same shall be construed as coming into operation immediately on the expiration ofthe next day preceding such day.

5. Measurement of distance. In the measurement of any distance for the purposes of any Law, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane.

6. Computation of time. In computing time for the purpose of any Law unless the contrary intention appears - (a) a period reckoned by days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day in which the event happens or the act or thing is done; (b) if the last day ofthe period is Sunday or a public holiday (which days are in this section referred to as excluded days), the period shall include the next following day not being an excluded day; (c) when any act or proceeding is directed or allowed to be done or taken on a certain day, then if that day happens to be an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the day next afterwards not being an excluded day; (d) when an act or proceeding is directed or allowed to be done or taken within anytime not exceeding six days, excluded days shall not be reckoned in the computation of the time.

7. Reference to time. (1) Whenever any expression of time occurs in any Law, government or legal notice, deed or legal document, the time referred to shall, unless the contrary iintention appears be held to be standard time. (2) “Standard time” means standard time as used in Nigeria: namely, sixty mihutes in advance of Greenwich mean time.

8. Repealed Acts or Laws not revived by repeal of repealing Act or Law. Where any Law repealing in whole of in part any former Act or Law is itself repealed, such last repeal, shall not revive the Act or Law or provisions before repealed, unless words be added reviving such Act or Law or provisions.

9. Repeal and substitution. Where any Law repeals wholly or in part any former Act or Law and substitutes another provision therefor, the repealed Act or Law shall remain in force until the substituted provision comesinto operation.

10. Reference to the re-enacted provisions. Where any Law repeals and re-enacts with or without modifications any provision of a former Act or Law, references in any other Act or Law to the provisions so repealed shall, unless thejcontrary intention appears, be construed as references to the provisions so re- enacted.

11. Construction of amending Law. When any Law amends or adds to any Act or Law the amending Law shall, so far as is consistent with the tenor thereof, and unless the contrary intention appears, be construed as one with the amended Act or Law, and the amended Act of Law may, in the amending Law, be referred to as the principal Act or Law.

12. Effect of repealing Law. The repeal of any Act or Law or any part thereof shall not, unless the contrary iritention appears - (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any Act or Law so repealed or anything duly done or suffered under any enactment so repealed; or (c) affect any right, privilege, obligation or liability 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 Act or Law 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 such penalty, forfeiture or punishment may be imposed, as ifthe repealing Law had not been passed: Provided that when the penalty, forfeiture or punishment imposed by the repealing Law is heavier than that imposed by the repealed Act or Law the provisions by which the lighter penalty, forfeiture or punishment is imposed shall, unless such repealing Law otherwise provides, be applied ifthe court decides to inflict any punishment.

13. Imperial Acts to be read with necessary modification. Whenever by any Act of the Imperial Parliament or Act of the legislature of Nigeria or Law, any Act of the Imperial Parliament is extended or applied to the State, such Act shall be read with such formal alterations as to names, localities, courts, offices, persons, monies, penalties and otherwise as may be necessary rto make the same applicable to the circumstances.

14. Reference in Law to provision of Act of the Imperial Parliament. Where in any Law reference is made to any provision of an Act of the Imperial Parliament and that provision is subsequently repealed and re-enacted without substantial modification, the reference in such Law to the provision of the Act so repealed shall, if the context so requires and unless the contrary intention appears, be construed as a reference to the provision so re-enacted.

15. Use of defined terms in subsidiary legislation. When terms defined in a Law are used in any order, regulation, rule of court or proclamation under such Law, such terms shall have the meanings, assigned to them by the Law, unless they are otherwise defined in the order, regulation, rule of court or proclamation or are incoiisistent with the subject or context.

16. Use ofexpression "the Law". Any reference in any order, proclamation, regulation or rule of court to the expression “the Law” shall be read and construed as a reference to the Law conferring the power to make or issue such order, proclamation, regulation or rule of court.

17. Exercise ofstatutory powers between enactment and conunencenient of Law. When any Law does not come into operation immediately on the passing thereof, and confers power to make any appointment, to make, grant or issue any instrument, to give notice or make orders, regulations or rules of court, to prescribe forms, or to do any other thing for the purpose of the Law, that power may, unless the contrary intention appears, be exercised at any time after the Law has been assented to by the Governor, so far as may be necessary or expedient for the purpose of bringing the Law into,operation at the date of commencement thereof: Provided that Orders, regulations or rules of court so made shall not take effect till the commencemept ofthe Law.

18. Effect of repeal on subsidiary legislation. When an Act or Law or part of an Act or Law is repealed, all orders, regulations, rules of court, proclamations and notices issued or made ip virtue thereof shall remain in force, so far as they are not inconsistent with the repealing Law, and, unless the contrary intention appears until) they shall have been repealed or have been replaced by orders, regulations, rules of court, proclamations or notices, as the case may be, issued or made under the provisions of the said repealing Law.

19. Application of section 8, 12 and 18 to Laws becoming void for inconsistency. Where any Act or Law prevails over any other Law or Act in the circumstances described in the Constitution of the Federal Republic of Nigeria, sections 8, and 18 of this Law shall apply in relation to - (a) any Act or Law prevailed over; (b) anything duly done or suffered, or any right, privilege, obligation or liability accrued or incurred, or any penalty forfeiture or punishment incurred; (c) any orders, regulations, rules of court, proclamations and notices issued or made by or under the Act or Law or the part of an Act or Law which becomes void in accordance with the provisions of the afore-mentioned sections; as though the Act or Law or the part of an Act or law which becomes void were a repealed Act or Law, and the Act or Law or part of an Act or Law which prevails were a repealing Act or Law.

20. General provisions with respect to power given to any authority to make orders regulations and rules of court. (1) Where ap Act or Law confers power on any authority to make orders, regulations or rules of courtj the following provisions shall have effect with reference to the making and operation on such, orders, regulations of rules of court - (a) any order, regulation or rule of court may be at any time, amended, varied, rescinded or revoked by the same authority and in thq saijie manner by and in which it was made: Provided that where such authority has been replaced wholly or partially by another authority the power conferred herein upon thd original authority may be exercised by the replacing authority concerning all matters or things within itsjurisdiction as ifit were original authority; (b) there may be annexed to the breach of an order or regulation such penalty not exceeding one thousand naira, or such imprisonment-not exceeding six months, or both, as the order or regulation making authority may think fit; (c) there may be annexed to any rule of court such penalty, not exceeding five hundred naira or imprisonment not exceeding three months as the rulemaking authority may think fit, on any person who fails to take any action required by a rule of court or who disobeys any rule of court; (d) no order, regulation or rule of court shall be inconsistent with the provisions of any Act or Law in force in the State. (2) Where an Act or Law conferring powers to make a particular form of subsidiary legislation is repealed or amended so that while a subsidiary legislative power over similar subjects is provided the form thereof is changed, any subsidiary legislation made and in force under the repealed or amended Act or Law shall, in so far as it concerns any matters or thing within the jurisdiction of the authority constituted under the repealing or amending Act or Law, be deemed to have been made by that authority and shall continue in force until other provision shall be made by virtue of the repealing or amending Act or Law. (3) All orders, regulations and rules of court made under any Law shall be published in the State Gazette. (4) All orders, regulations and rules of court shall have the force of law upon publication thereof, in accordance with the provisions of this section or from the date named therein. (5) Notwithstanding subsections (3) and (4) where a rule, by-law or order is made by any authority or any rule of court is made by any customary court under a Law the Governor by Order published in the State Gazette may prescribe the manner in which such rule, by- law, order or rule of court shall be published, and any such rule, by-law, order or rule of court shall come into operation on publication in the prescribed manner, unless it is otherwise provided therein. (6) A copy of any such rule, by-law or order, as in subsection (5) mentioned, certified by an administrative officer as made and published in the prescribed manner, shall be admitted in evidence in any court without further proofthereof. (7) The breach of any order, regulation or rule of court may be prosecuted in a summary manner. (8) The provisions of this section shall not apply where a contrary intention appears in the Law conferring the power to make the order, regulation or rule of court.

21. Subsidiary legislation may provide for fees and charges and in certain cases for reduction, waiver or refund thereof. (1) Where any Law confers power on any authority to make orders, regulations or rules of court and to make provisions therein in respect of fees or charges, such authority may provide in the orders, regulations or rulps of court - (a) specified fees or charges; (b) maximum or minimum fees or charges; (c) maximum and minimum fees or charges; (d) for the payment of fees or charges either generally or under specified conditions; and (e) for the reduction, the waiver or the refund in whole or in part of any such fees or charges either upon the happening of certain events or at the discretion of any person. (2) Where any reduction, waiver or refund in whole or in pari of any fee or charge is provided, such reduction, waiver or refund may be made to apply either generally or specifically - (a) in respect of certain matters or classes of matters; (b) in respect of certain documents or classes of documents; (c) where any event happens or ceases to happen; (d) in respect of certain persons or classes of persons; and (e) in respect of any combination of such matters, persons, documents or events, and may be made to apply subject to such conditions as may be set out in the order, regulations or rules of court or in the discretion of any specified person.

22. Act for which payment is required need not be performed till paymentbe made. (1) Whereany person» public officer or local government council# is required to do anything for whiéh a fee is to be paid or a charge made under any Law, order, regulation or rule of court, such person, officer, responsible officer of the public department, local government council, may decline to do that thing till the fee is paid onpayment be made and, where the precise amount of the payment to be made cannot be assertained until the thing is done, till there be paid such an amount as may be estimated to be the correct amount by the person, officer, responsible Officer of the department or council required to do that thing. (2) Where a fhing has been done for which an estimated amount shall have been paid such amount shall be adjusted to the correct amount either by means of a further payment or by a refund of the amount overpaid.

23. Extent of power to issue proclamation. When power is given to the Executive Council to issue a proclamation or notification, it shall include the power of amending, revoking or suspending the said proclamation or notification, and of declaring the date of its coming into force and also of substituting another therefor.

24. Orders or regulations made by the Government or the Executive Council to override others. Subject to arty express provision in any Law where power is given Ip the Governor or to the Executive Council to make orders or regulations, any such orders or Regulations made by him shall take precedence over any orders or regulations made by any other authority in which is also vested by any Law (in force in the State) subsidiary legislative powers in respect of the same matters, and where any orders or regulations conflict, the orders or regulations made by the Governor or the Executive Council shall prevail.

25. Coming into force of proclamations. Proclamations and notifications of the Governor or of the Executive Council shall come into operation on the date of their publication in the State Gazette unless otherwise specified.

26. Gazette and State Gazette and publication by Government Printer prima facie evidence. The production of a copy of the Gazette containing any order, regulation, rule of court, proclamation or Government or legal notice or State notice or State legal notice, or of any copy of any order, regulation, rule of court, proclamation or Government or legal notice, or State notice or State legal notice purporting to be printed by the Government Printer, shall be prima facie evidence, in all courts and for all purposes whatsoever, ofthe due making and tenor of such order, regulation, rule of court, proclamation or Government or legal notice, or State notice or State legal notice.

27. Powers to be exercised pud duties to be performed from time to time. When any Law confers any power or imposes any duty, then, unless contrary intention appears, the power may be exercised or the duty shall be performed from time to time as occasion arises.

28. Effect ofgrant of powers to be exercised in direction. Where by any Law the Governor is empowered in exercising any power to act in his discretion, he shall not be obliged to consult with the Executive Council in the exercise thereof.

29. Powers may be performed by acting officers. Where any Law confers a power or imposes a duty on the holder of any office, as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder for the time being of the office or by a person appointed to act for him.

30. Power to appoint to include power to suspend or dismiss. Where by or under any Law a power to make any appointment is conferred, then, unless the contrary intention appears, the authority having power to make the appointment shall also have power to remove, suspend, dismiss, re-appoint or reinstate any person appointed by it in exercise ofthe power.

31. Construction ofenabling words. Where in any Law power is given to any person to do or enforce the doing of any act or thing all such powers shall be understood to be given as are reasonably necessary to, enable the person to do or enforce the doing of the act or thing.

32. Appointment of officers by name of office. Where by a Law the Governor or any public officer or body is empowered to appoint or name a person 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 pèrson 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 the date specified by fhe Governor or the public officer or body, the perSbn appointed by name or the person holding the office aforesaid shall have and may exercise such powers or perform such duties accordingly.

33. Official designation to include officer executing duties. When reference is made in any Law, government or legal notice, letters patent, warrant, or process of any kind made or issued by the Governor or any body or person having I authority under any Law to make or to issue the same, to any public officer by the term designating his office, such pfficer shall include the officer for the time being executing the duties ofsuclj office or any portion of such dpties.

34. Power to provide for execution of duties of public officer during temporary absence or inability. (1) Subject to the provisions of subsection (2), where by any Law any powers are conferred or any duties are imposed upon a public officer, the Public Service Commission may direct that, if during any period owing to absence or inability to act from illness or any other cause, spch public officer shall be unable to exercise the powers or perform the of his office in any place under his jurisdiction or control, such powers shall be had and may be exercised and such duties shall be performed in such place by the person named or the public officer holding the office designated by the Public Service Commission, and thereupon such person or public officer, during any period aforesaid, shall have and may exercise thq powers and shall perform the duties aforesaid, subject to such conditions, exceptions and qualifications as the Public Service Commission may direct. [No. 3 of 1976.] (2) Nothing in subsection (1) shall apply to any power of duty conferred or imposed by Law on - (a) a judge, magistrate, justice of the peace or other officer exercising functions which relate to the administration of justice; (b) the Attorney-General; or (c) the Auditor-General.

35. Power of Governor to delegate certain powers. (1) Where by a Law or by an Act the Governor is empowered to exercise any powers or perform any duties, he may depute any person by name or the person, fot the time being holding the office designated by him to exercise such powers or perform such duties on his behalf, subject to such conditions, exceptions, and qualifications as he may prescribe, and thereupon, or from the date specified by the Governor, the person so deputed shall have and exercise such powers and perform such duties, subject as aforesaid: Provided that nothing herein contained shall authorise the Governor to depute any person to make regulations under the power in that behalf conferred upon him by any Law. (2) Any delegation made under the provisions of subsection (1) shall be revocable at will and no .delegation shall prevent the exercise of any power by the Governor.

36. Power ofGovernor to delegate ministerial powers in exceptional circumstances. (1) Where by a Law or by an Act a Commissioner is empowered to exercise any powers or perform any duties, and for good reason such as illness or absence from the State shall be unable to exercise such powers or perform such duties, the Governor may in writing depute any person by name or the person holding the office designated by him whether or not such person is a member of Executive Council to exercise such powers or perform such duties on the Commissioner?s behalf, subject to such conditions, exceptions and qualifications as the Governor may prescribe and thereupon, or from the date specified by the Governor, the person so deputed shall have and exercise such powers and perform such duties as aforesaid. (2) Any delegation piade under the provisions of subsection (1) shall be revocable at will and no delegation shall prevent the exercise of any power by a Commissioner. (3) The foregoing provisions of this Section shall in the case of the Attorney-General of the State as those provisions apply in the case of a Commissioner in the circumstances and to the extent specified in those provisions: Provided that nothing in this section shall apply to any powers or duties conferred upon the Attorney-General by the Constitution.

37. Mode of citing Acts or Laws. When any Act or Law is referred to, it shall be sufficient for all purposes to cite such Act or Law either by the short title (if any), by which it is made citable, or by the year in which it was made and its number among the Acts or Laws of that year, or in the case of a revised edition of the Acts or Laws issued under any Act or Law providing for the issue of a revised edition, by its short title or its chapter number, and the reference may in all cases be made according to the copies of Acts or Laws printed by the Government Printer.

38. Construction of references to written laws. In any Law a description or citation of a portion of any Act or Law shall, unless the contrary intention appears, be construed as including the word section, or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.

39. Collective titles. If it is provided that any Law may, as to the whole or any part thereof, be cited with the group of Laws, that group shall be construed as including that Law or part, and, if the collective title of the group states the first ahd last year ofthe group, theiyear in which the Law is passed shall be substituted for the last year of the group, and so on as dften as a subsequent Law or part is added to the group.

40. Gender and number. In any Law - (a) words importing the masculine gender shall include females; and (b) words in the singular shall include the plural, and words in the plural shall include the singular.

41. Acts and Laws deemed to be Public Acts and Laws. Every Act or Law shall be deemed to be a Public Act or Law, and fevery such Act or Law shall be judicially taken notice of as such unless the contrary be expressly provided by such Act or Law.

42. Schedules. Every Schedule td any Law shall, together with any note thereto be construed and have effect as pah ofthe Law.

43. Sub-divisions of Acts or Laws to be recognised. When an Actor a Law is divided into parts# chapters, titles, or other Sub-divisions, the fact and particulars of such division shall, with or without express mention thereof in the Act or Law, be taken notice of in all courts and for all purposes whatsoever.

44. Forms. Whenever forms are prescribed in any Law slight deviations thereffom, not affecting the substance or calculated to mislead, shall not invalidate them.

45. Reprint of Laws. When a Law is amended the Government Printer may, with the authority of the’ Governor, print copies of the Law with all the necessary additions, omissions, substitutions and amendments effected by the amending Law or Laws and such copies shall be deemed to be authentic copies of thb Law so amended.

46. Meaning of any reference to the number of a line. A reference in any Law to the number of a line of any section of any Act or Law shall mean such line in the latest official printed copy of such Act or Law at the time of the passing of the Law containing such reference.

47. Reference in marginal notes to other legislation. Where any Law, or section, subsection or paragraph of any Law is taken verbatim or is substantially identical with any Act of the Imperial Parliament or Dominion enactment or of any enactment of any other dependency, a reference, in such abbreviated form as may be thought fit to such Act of the Impèrial Parliament or Dominion or dependency enactment or any section, subsection or paragraph thereof may be added to the marginal note ofthe section, subsection or paragraph ofthe Law: Provided that any such reference shall not be taken to have any legislative effect whatever and shall not be deemed in any way to vary, limit or extend the interpretation of any Law.

48. Meaning of ?or?, ?other? and ?otherwise?. Where the words “or”, “other” and “otherwise” are used, they shall, unless a contrary intention appears be construed disjunctively and not as implying similarity, unless the word “similar” or some other word oflike meaning is added.

49. Meaning ofservice by post. Where any Law authorises or requires any document to be served by post, whether the expression “serve”, “give” or “send” or any other expression is used, then, unless the contrary intention appears, the service shall be deemed to be effected by properly addressing, prepaying, and posting a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

50. Signification of order of the Governor. (1) When any power is given to the Governor to make any order, regulation, declaration or appointment or give any authorisation, exemption, notice, direction, approval, permission or consent, it shall be sufficient, unless it is otherwise expressed, for the same to be signified under the hand of the Secretary to the Government and Head of the Service or ofsdch public officer as the Governor may appoint for the purpose. [No. 3 of 1976.] (2) Subsection (1) shall not apply to the issue of any warrant by the Governor, such warrant shall be under the hand and seal of the Governor. (3) Nothing in this section shall apply to the signification of an order, direction, approval, permission or consent made or given by the Executive Council. [WR 49 of 1959.]

51. Signification of the orders, etc., of Executive Council. Where in exercise of the powers conferred by any enactment the Executive Council makes any order, regulation or rule of court or gives any decision, direction, approval, permission or consent, it shall be sufficient, unless it is otherwise expressed, for such order, regulation, rule of court, decision, direction of approval, permission or consent to be signified under the hand of the Secretary to the Government and Head of the Service or of the member of the Government of the State charged with resppnsibility for the administration of the enactment by which the power is conferred. [WR 49 of 1959.]

52. Evidence of signature of fiat or consent of Head of Federal Government, the Governor or public officer. Whenever the fiat or consent of the President, the Governor or of any public officer is necessary before any prosecution or action is commenced, any docurrjent purpprting to bear the fiat or consent of the President, the Governor or of the public bffice concerned shall be, received as prima facie evidence in any case without proof bejng given that the signature to such fiat or consent is that of the President, the Governor or the public officer concerned.

53. Power of minority and person presiding. Save as may be otherwise expressly provided by any written law - (a) whenever any act or thing is by any written law required to be done, or any decision taken, by a body of persons consisting of not less than three such acts or things may be done or such decision taken, in the name of that body by a majority of those persons; (b) whenever such body is assembled the Chairman or other member presiding shqll, in all matter in which a decision is taken by vote by whatever name such vote may be called, have a casting as well as a deliberative vote.

54. Public officers. A reference in any Law to any public officer by the usual or common title of his office shall, if there be such an office customarily in the State and unless thd contrary intention appears, be read and construed as referring to the person for the time being holding or carrying out the duties of that office in the State.

55. Ex officio proceedings not to abate on death. Any civil or criminal proceedings taken by or against any person by virtue of his office shall not be discontinued or abated by his death, resignation, or absence qr removal from office, but may be carried on by or against, as the case may be, the person appointed to perform the duties ofthe office.

56. Imposition of penalty not a bar to civil action. The imposition of a penalty by any Law, in the absence of express provision to the contrary, shall not relieve any person from liability to answer for spebial damages to a person injured.

57. Provisions as to offences under two or more laws. Where any act or omission constitutes an offence under two or more Laws or under a Law and under an Act, Statute or Order in Council, the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either of any of such Laws or under such Act, Statute or Order in Council, but shall not be liable to be punished twice for the same offence.

58. Penalties prescribed to be deemed maximum penalties. Whenever in any Law a penalty is prescribed for an offence against such Law, the same shall indicate that such offence shall be punishable, upon conviction, by a penalty not exceeding (except as may be otherwise provided in the Law) the penalty prescribed.

59. Indication of penalties. Whenever in any Law penalties are set out at the foot of any section, the same shall indicate that any contravention of the section, whether by act or omission, shall be an offence against the Law punishable upon conviction by a penalty not exceeding (except as may be otherwise provided in the Law) the penalty provided.

60. Meaning of imprisonment. Whenever any court is empowered to award to any convicted prisoner any sentence of imprisonment, such sentence shall be deemed to be a sentence of imprisonment with or without hard labour at the discretion of the court awarding the same and if the form of imprisonment is not specified such imprisonment shall be with hard labour.

61. Carrying out of certain orders. Where in any Law power is given to any authority to impose any fine or make any order or give any directions whatever and it is stated that such fine, order or direction shall be imposed or be recoverable or in any manner have effect as if the same were a fine, order or direction, imposed, made or given by a court or by a judicial or other officer, any such court or judicial or other officer having jurisdiction in the place where such fine, order or direction was imposed, made or given, or where the person who was ordered to pay the fine or who is required to obey the order or direction resides or may happen to be, may take the necessary steps to enforce the payment of the fine or the carrying out of the order or direction, as the case may be, in all respects as if the fine, order or direction had in fact been imposed, made or given by such court or judicial or other officer.

62. Application of fees, fines and forfeitures. (1) Where under any Law any person is required to pay any charge or fee for any act or thing done, or document issued, or signature or seal affixed to any document, by any public officer or department, or where any person is adjudged by any court, or other authority duly authorised by law, to pay or forfeit any sum of money, such charge or fee and such sum of money shall be paid into the Treasury, unless the contrary is otherwise provided, and if any such charge or fee, or if any commission on money received or taken possession of, realised, or otherwise dealt with, is required to be paid to any public officer or department, such officer or department receiving the same shall pay it into or account for the same in due course to the Treasury. [No. 3 of 1976.] (2) Where tinker any Law anything or any animal is adjudged by apy court, or other authority duly authorised by law, to be forfeited, it shall, unless the contrary is otherwise provided, or unless it is expressed by law to be forfeited to any person, be forfeited to the I State, and the net,proceeds thereof, if it is ordered by competent authority to be sold, shall be paid into the Treasury, unless the contrary is otherwise provided. (3) Nothing in this, section shall affect any provision in any Law whereby any shares of fines or forfeitures, or proceeds of forfeitures, are expressed to be recoverable by any person, or may bd granted by any authority to any person.

63. Saving of rights of the State. No Law shall in any manner whatsoever affect the rights of the State, unless it is therein expressly stated, or unless it appears by necessary implication, that the State is bound thereby.

64. Law binding on the State. This Law shall be binding on the State.