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Legislation of Sierra Leone
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 Material Information
Title: Legislation of Sierra Leone
Uniform Title: Laws, etc. (Legislation of Sierra Leone)
Alternate Title: Supplement to the laws with an index of legislation in force
Spine title: Sierra Leone ordinances
Cover title: Ordinances of the colony of Sierra Leone
Legislation of the colony of Sierra Leone
Physical Description: v. : ; 25 cm.
Language: English
Creator: Sierra Leone
Publisher: s.n.
Place of Publication: Freetown
Creation Date: 1937
Frequency: annual
regular
 Subjects
Subjects / Keywords: Session laws -- Sierra Leone   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
serial   ( sobekcm )
 Notes
General Note: Title from cover, 19 -1921, 1929, 1931. Title from label on cover, 1922-28, 1932, 1934- .
General Note: Description based on: 1925.
General Note: Title varies slightly.
 Record Information
Source Institution: University of Florida
Holding Location: African Studies Collections in the Department of Special Collections and Area Studies, George A. Smathers Libraries, University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 41905680
lccn - 42043508
System ID: UF00072648:00011

Table of Contents
    Table of Contents
        Page i
        Page ii
        Page iii
        Page iv
        Page v
        Page vi
        Page vii
    Ordinances
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
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        Page 310
        Page 311
        Page 312
        Page 313
        Page 314
        Page 315
        Page 316
    Orders in council
        Page 317
        Page 318
        Page 319
        Page 320
        Page 321
        Page 322
        Page 323
        Page 324
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        Page 358
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        Page 360
        Page 361
        Page 362
        Page 363
        Page 364
    Governor's orders
        Page 365
        Page 366
        Page 367
        Page 368
        Page 369
        Page 370
        Page 371
        Page 372
        Page 373
        Page 374
    Rules
        Page 375
        Page 376
        Page 377
        Page 378
        Page 379
        Page 380
        Page 381
        Page 382
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        Page 438
        Page 439
        Page 440
        Page 441
        Page 442
        Page 443
        Page 444
    Proclamations
        Page 445
        Page 446
        Page 447
        Page 448
        Page 449
        Page 450
        Page 451
        Page 452
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        Page 460
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        Page 463
        Page 464
        Page 465
        Page 466
    Statutory rules and orders
        Page 467
        Page 468
        Page 469
        Page 470
        Page 471
        Page 472
        Page 473
        Page 474
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        Page 478
        Page 479
        Page 480
        Page 481
        Page 482
        Page 483
Full Text
















CHRONOLOGICAL INDEX to the Ordinances, Orders in Council,
Governor's Orders, Rules and Proclamations of Sierra Leone,
and Orders of the King in Council, etc., affecting
Sierra Leone, enacted and made during the year, 1937.
(Note.-The titles of enactments which are no longer operative are printed in italics.)

ORDINANCES.


Subject.


Loan (Conversion)

Public Holidays (Amendment)




Regulation of Street Trading

Protectorate Towns Improvement
Rates (Validation)

Pensions (European Officers)
(Amendment)



Carriage of Goods by Road




Tonkolili Agreement

Tribal Authorities




Protectorate Courts Jurisdiction
(Amendment)








Chiefdom Tax

Chiefdom Treasuries


Date of
Commencement.


30 June, 1937

30 June, 1937




I November, 1937

30 June, 1937


30 June, 1937




I August, 1937




I October, 1933

I January, 1938



I June, 1938









I January, 1938

I January, 1938


Remarks.




Repeals and re-
places section 4
of Ordinance
No. 37 of 1932;
also amends the
Schedule.





Amends section
2, and repeals
and replaces sec-
tion 9 of Cap.
146.

Repeals and re-
places Ordin-
ance No. 16 of
1932.



Repeals sections
38, 46 and 47 of
Ordinance No.
32 of 1933.

Amends sections
3, 9, II (I),
II (4), I1 (5), 16
and 20 (I) of
Ordinance No.
40 of 1932:
also inserts new
sections 9A-9M,
14A and 2IA
therein.








f


ORDINANCES-continued.


Subject.


Protectorate (Amendment)


Public Health
(Amendment)


(Protectorate)


(1936) Supplementary Appropria-
tion
Customs (Amendment)



African Labourers (Employment
at Sea) (Amendment)


West African Coconut and Trad-
ing Company, Limited

Companies


(1938) Appropriation
Public Officers Protection
(Amendment)


Pensions (Widows
(Amendment)


and Orphans)


Court Messengers (Amendment) 282


Sierra Leone Naval Volunteer
Force (General Service)


Importation of Textiles
(Amendment)


(Quotas) 289


Medical Practitioners, Dentists
and Druggists (Amendment)


Date of
Commencement.


30 June, 1937



30 June, 1937



30 June, 1937

30.June, 1937



30 June, 1937


30 June, 1937

i April, 1938


I January, 1938

3 December, 1937




3 December, 1937





ii December, 1937




To come into opera-
tion on such date
as the Governor
by Notice in
the Gazette shall
appoint.

3 December, 1937



3 December, 1937


Rural Areas 2 January, 1938


Remarks.


Amends sections
2 and 12 of Or-
dinance No. 32
of 1933.

Amends section 6
of Ordinance No.
26 of r926.

Spent.,

Amends : section
12 (2) aid (3) of
Cap. 491

Repeals Jection 8
of Ordinance
No. 230of 1936.



Repeals and re-
places Cap. 35.

Temporary.

Repeals and re-
places section
2 (2) of Ordin-
ance No. 28 of
1936.

Amends sections
.5 (I) and 24 of
Cap. 148; Aso
repeals an, re-
places section
7 (I).
Inserts new sec-
tions '32A and
32B in Ordin-
ance No. 13 of
1931.







Amends section 2
of Ordinance
No. 2 of 1934.

Repeals -and re-
places section 22
of Cap. Iz5;
also anpends sec-
tion 23A.

Repeals Cap. 91.


_I I


Rural Areas


2 January, 1938








ORDERS IN COUNCIL. iii

subject. Date of Remarks
Subject. Commencement.


Rice (Export Prohibition)

Control of Rice


Sumbuya (Special Health
thority)

Banishment (Revocation)


(Import) (Amend-


Control of Rice (Amendment)



Customs Tariff (Amendment)


Tariff (Amendment)


Public Transport Services (Amend-
ment)





Control of Rice (Amendment) (No. 2)



Protectorate Health Areas (Amend-
ment)



Protectorate Health Areas (Amend-
ment) (No. 2)



Pensionable Offices



Protectorate Health Areas (Amend-
ment) (No. 3)


317 21 January, 1937

318 21 January, 1937


319 4 February, 1937


320 25 March, 1937


6 May, 1937


322 14 May, 1937



323 15 May, 1937


I June, 1937



o1 June, 1937


329 17 June, 1937


330 1 7 June, 1937


5 August, 1937




5 August, 1937


335 12 August, 1937


343


2 September,1937


Revoked by Or-
der in Council
No. 26 of 1937.
Amends Order in
Council No. 7 of
1932.
Revokes Orders
in Council Nos.
6, 7, 8, 9 and io
of 1936.

Amends Clause
8 (i) of Order in
Council No. 5 of
1936.

Revoked by Or-
der in Council
No. 26. of 1937.

Amends First
Schedule to
Ordinance No.
I of 1932.

Amends First
Schedule to Or-
dinance No. I of
1932.
Amends First
Schedule to Or-
dinance No. I of
1932.

Amends Clause 3
of the Public
Transport Ser-
vices Order in
Council, 1929
and 1930.

Revoked by Or-
der in Council
No. 26 of 1937-

Amends First
Schedule to Or-
der in Council
No. 20 of 1931.

Amends First
Schedule to Or-
der in Council
No. 20 of 1931.

Revokes Order in
Council No. 4 of
1936.

Amends First
Schedule to Or-
der in Council
No. 20 of 1931.


Plants Pests
ment)


Customs
(No. 2)


Customs
(No. 3)


Tariff


(Amendment)








iv ORDERS IN COUNCIL-continued.


S. Subject.


16 Control of Rice (Amendment) (No. 3)



17 Protectorate Health Areas (Amend-
ment) (No. 4)



18 Customs (Rates of Rent)


19 Dangerous Drugs

20 Old Port Loko Health Area (Special
Health Authority)

21 Customs (Sambalu)

22 Protectorate (Administrative
Divisions) (Amendment)



23 Port Loko Health Area (Improve-
ment Rate) (Revocation)


24 Rural Areas Ordinance, 1937 (Date
of commencement)

25 Forest Restricted Area (Pampana
and Tobenkaw Rivers)

26 Control of Rice (Revocation)


Da:te of
Comnmencement

16 September, 1937



7 October, 1937


344



346


Amends Sche-
dule B to Order
in Council No.
21 Of 1930.

Revokes Order in
Council No. 26
of 1936.







Revokes Orders
in Council Nos.
2, 6, II and 16
of 1937.


Remarks.


Revoked by Or-
der in Council
No. 26 of 1937.

Amends First
Schedule to Or-
der in Council
No. 20 of 1931.

Amends Schedule
C to Cap. 49.


347 7 October, 1937


349 28 October, 1937

357 4 November, 1937


359 i January, 1938

360 I January, 1938




361 I December, 1937



362 30 December, 1937


363 6 January, 1938


364 20 January, 1938


GOVERN


Subject.


Quarantine (Accra, Gold Coast)



Quarantine (Accra, Gold Coast)
(Revocation)

Colony Forest Reserve (Moku Hill)

Quarantine (Accra, Gold Coast)



Quarantine (Accra, Gold Coast)
(Revocation) (No. 2)

Provisional Rural Areas (Admin-
ii.rative Divisions)


NOR'S ORDERS.


SCo.umeicement.


365



366


367

369


18 February, 1937



18 March, 1937


25 March, 1937

8 July, 1937


370 30 September, 1937


9 December, 1937


Remarks.


Revoked by Or-
der No. 2 of
1937-

Revokes Order
No. I of 1937.



Revoked by Or-
der No. 5 of
1937.

Revokes Order
No. 4 of 1937.


- II~---


--


--








RULES. v

Subject. ae t. Remarks.
SCommencement.
6|


Druggists' Examination
ment)


(Amend- 375


Diamond Industry Protection
(Amendment)


Railway (Goods Tariff)
ment)
ft


(Amend- 377


Post Office (Amendment)





Pensions (European Officers)
(Amendment)






Pensions (European Officers)
(Amendment) (No.2)



Pensions. (Non-European Officers)
(Amendment)



Native Produce (Amendment)






Customs Tariff (Amendment)






Customs (Amendment) (No. 2)


4 March, 1937



25 March, 1937


22 April, 1937







14 May, 1937





3 June, 1937







3 June, 1937





3 June, 1937




I July, 1937






10 June, 1937






22 July, 1937


Amends rule 7 ot
the Druggists'
Examination
Rules, 1924.

Amends rules 3,
4 and 5 of Rules
No. 15 of 1936.

Amends Sche-
dule B and re-
vokes and
replaces Sche-
dule E to the
Railway (Goods
Tariff) Rules,
1924.

Amends rules
105, o16 and
log of Rules No.
21 of 1930; also
inserts new Rule
lo7B therein.

Revokes and re-
places rule 22 of
Rules in First
Schedule to Cap.
146; also makes
consequential
amendments to
rules 12 (2) and
13 (2).
Amends rules 18
and g1 of Rules
in First Schedule
to Cap. 146; also
revokes and re-
places rule 9.
Revokes and re-
places rule 8 of
Rules in First
Schedule to
Cap. 147.

Amends rules I
and 2 of Rules
in Schedule to
Ordinance No.
16 of 1928; also
amends Appen-
dix J.

Amends rules
17A and 27 of
the Customs
Tariff rules
1932; also adds
new rule 27A
thereto.

Amends rule 22
of the Customs
Tariff Rules,
1932.


L I L I I







vi RULES-continued.


j Subject.


II General Minerals (Amendment)




12 Wireless Telegraphy (Licences)
(Amendment)


13 Sherbro Judicial District (Amend-
ment)




14 Dangerous Drugs (Amendment)


European Reserve Force
ment)


(Amend- 399


Druggists' Examination (Amend-
ment) (No. 2)


Public Health
(Amendment)


(Protectorate)


Customs (Government Wharf)
(Amendment)


401





402




404


Date of
Commencement.

29 July, 1937




29 July, 1937



I July, 1937





14 October, 1937




21 October, 1937





18 November, 1937





2 December, 1937




I January, 1938


Remarks.


Amends rule 5
(i) of the General
Minerals Rules,
1928 to 1930.

Amends rule 2 of
Rules No. 26 of
1934.

Insertsnew rules
26A-26H in the
Sherbro Judi-
cial District
Rules, 1924.

Revokes and re-
places rule 5 of
Rules No. 5 of
1929.

Revokes and re-
places rules io
(4) and II of
Rules No. 14 of
1933.

Revokes and re-
places rule 4 of
the Druggists
Examination
Rules, 1924.

Inserts new rules
IIA and 13A in
Rules No. 27 of
1929.

Inserts new rule
17A in Customs
(Government
Wharf) Rules,
1924.


West African Court of Appeal Rules, 1937

PROCLAMATIONS.


S Subject.


1 AssumptionoftheAdministrationthedminiion of 445
the Colony by His Excellency
Hilary Rudolph Robert Blood,
C.M.G.

2 Prorogation of Legislative Council 447
(Thirteenth Session)

3 Legislative Council (Date of com- 448
mencement of Fourteenth Session)

4 Importation of Textiles (Quotas) 449


Date of
Commencement.

26 May, 1937




28 October, 1937


28 October, 1937


2 December, 1937


Page 407.


Remarks.'


Spent.




Spent.


Spent.


Temporary.


- --


--T_ F









ORDERS OF THE KING IN COUNCIL. vi


Subject.



Colonial Air Navigation (Applica-
tion of Acts) Order, 1937









Sierra Leone Naval Defence Order,
1937
Arms Export Prohibition Order,
1937
Copyright (North Borneo) Order,
1937
Copyright (Rome Convention)
(Latvia) Order, 1937

Carriage by Air (Parties to Conven-
tion) Order, 1937




Hungary (Extradition) Order in
Council, 1937

Carriage by Air (Parties to Conven-
tion) (No. 2) Order, 1937


a) I Date of
SCommenceenet.


451 13 April, 1937


13 April, 1937


8 June, 1937


2 February, 1937


15 May, 1937


29 July, 1937





29 July, 1937


22 October, 1937


Remarks.



Revokes the Air
Navigation
(Colonies and
Protectorates)
Order in Coun-
cil, 1922, and
the Air Naviga-
tion (Mandated
Territories) Or-
der in Council,
1927.












Revoked by the
Carriage by Air
(Parties to Con-
vention) (No. 2)
Order, 1937.




Revokes the Car-
riage by Air
(Parties to Con-
vention) Order,
1937.







No. 1 Loan (Conversion.) 1937









COLONY OF SIERRA LEONE.

No. 1 of 1937.


In His Majesty's name I assent
to this Ordinance this twenty-
fifth day of June, 1937.



H. R. R. BLOOD,
Acting Governor.




An Ordinance to Authorise the Issuing of Inscribed
Stock for the Conversion of the Sierra Leone
Three per cent. Stock Issued under the 28 of 1933.
Loan (Repayment) Ordinance, 1933.
Date of com-
[30th June, 1937.] mencement.

BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as
follows :-
1. This Ordinance may be cited as the Loan (Conver- Short title.
sion) Ordifiance, 1937.
2. The Crown Agents on behalf of the Governor may Power to
issue in London inscribed stock to the amount of issue stock.
306,833 16s. 6d. at the rate of three per cent. redeemable
in 1954.
3. The stock issued under the authority of this Appropria-
Ordinance shall be appropriated and applied to the conver- tion of stock.
sion of Sierra Leone three per cent. stock, 1954, issued
under the authority of the Loan (Repayment) Ordinance,
1933.







Loan (Conversion.)


Mode of 4. The stock hereby authorised shall be issued under the
issuing General Loan and Inscribed Stock Ordinance, 1924, and the
stock, provisions of that Ordinance shall apply to the stock so
issued, as if such stock had been issued for the purposes of
raising a loan under the said Ordinance.

Provisions 5. (1) The amount now lying in the Sinking Fund raised
as to sinking for redemption of the said Sierra Leone three per cent. stock,
fund. 1954, shall be transferred to the credit of the Sinking Fund to
be raised for the redemption of the stock hereby authorised.
(2) The contributions to the Sinking Fund as contem-
plated by section 27 of the General Loan and Inscribed Stock
Ordinance, 1924, shall commence not later than six months
after the date from which the interest on the stock will begin
to run.


Passed in the Legislative Council this eighth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.


J. L. JOHN,
Clerk of Legislative Council.


THIS PRINTED IMPRESSION has been carefully compared by me with
the Bill which has passed the Legislative Council and found by me to be
a true and correct copy of the said Bill.


J. L. JOHN,
Clerk of Legislative Council.
M.P. B/45/33.


2 No. I1


1937







Public Holidays (Amendment.)


COLONY OF SIERRA LEONE.

No. 2 of 1937.



In His Majesty's name I assent
to this Ordinance this twenty-
fifth day of June, 1937.





H. R. R. BLOOD,
Acting Governor


An Ordinance to Amend the Public Holidays No 37 of
Ordinance, 1932. 1932.


[30th June, 1937.]


Date of com-
firencement.


BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as
follows:-
1. This Ordinance may be cited as the Public Holidays Short title.
(Amendment) Ordinance, 1937.

2. Section 4 of the Principal Ordinance is hereby Repeal and
repealed and replaced by the following new section: replacement
of section 4
Power to "4. The Governor in Council may, in like man- of Principal
cancel day ner, when it appears to him in any specialOrdinance.
appointed
to be case that in any year it is expedient that a
public day appointed by this Ordinance to be kept as
holiday." a public holiday should be kept as a public
holiday, declare that such day shall not be
kept as a public holiday."


No. 2


1937







Public Holidays (Amendment.)


Amendment 3. The Schedule to the Principal Ordinance is hereby
of Schedule amended by deleting the words The Anniversary of the
Ordinance. Birthday of the Sovereign and substituting therefore the
words The Anniversary of the Birthday of the Sovereign, or
the day officially appointed to be observed as the anniversary
of the Birthday of the Sovereign."


Passed in the Legislative Council this eighth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.



J. L. JOHN,
Clerk of Legislative Council.



THIS PRINTED IMPRESSION has been carefully compared by me with
the Bill which has passed the Legislative Council and found by me to be
a true and correct copy of the said Bill.



J. L. JOHN,
Clerk of Legislative Council.


M.P. Z/7/37.


4 No. 2


1937







Regulation of Street Trading.


COLONY OF SIE:RKA LEONE.

No. 3 of 1937.




In His Majesty's name I assent
to this Ordinance this twenty-
sixth day of June, 1937.



H. R. R. BLOOD,
Acting Governor.


An Ordinance to Regulate Trading in the Streets
of the Municipal City of Freetown.


BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as
follows:-
1. This Ordinance may be cited as the Regulation of Short title,
Street Trading Ordinance, 1937, and shall apply to the City application
of Freetown. It shall come into operation on such date as the and com-
Governor by notice in the Gazette shall appoint.encent.

2. For the purposes of this Ordinance-
The expression Goods means anything which is the Interpreta-
subject of trade, manufacture or merchandise tion.
(including animals)
The expression Street includes any road, square, .
court, alley, lane, or passage, whe.thr i hilug-

ap.~together with the land, whether covered or not o

37.


No. 3


1937







Regulation of Street Trading.


by any pavement, verandah, or other structure
which lies between the roadway and the main wall
of any house adjacent thereto, as well as all public
open places and such waste land adjoining any
street or road as may have been reserved for its
protection or benefit.
The expression City" means the City of Freetown,
as defined by the Freetown Municipality Ordinance,
1927.
Power to 3. (1) The Governor in Council after consultation with the
shibin City Council of Freetown may from time to time by a notice
streets. published in the Gazette prohibit the sale or exposure for sale, of
all goods, subject to such exceptions as may be declared in such
notice, in the streets, or in or upon any specified street or part
of such street of the City and may, in like manner, cancel
suspend or modify such prohibition.
Whoever after the publication of any such notice sells
or exposes for sale any goods in any such streets or street
against the terms of such notice shall be guilty of an offence
and liable on summary conviction-
(a) for a first offence to a fine not exceeding forty
shillings; and
(b) for a second and every other offence to a fine
not less than twenty shillings or more than
five pounds.
(2) The provisions of this section shall not apply to
hawkers and pedlars but such hawkers and pedlars shall be
subject to any conditions or restrictions which may be
prescribed under this Ordinance.

Power to 4. (1) The Governor in Council after consultation with
make rules, the City Council of Freetown, may make rules for all or any of
the purposes following :-
(a) Fixing the days and the hours during each day
on which goods may be sold in any street;
(b) Prescribing the precautions to be taken by
traders in foodstuffs to secure the cleanliness
and freedom from infection or contamination
of any foodstuff exposed for sale;
(c) Regulating the sale of goods in the streets by
hawkers and pedlars;
(d) The seizure, detention and disposal of the goods
of any hawker, pedlar or trader contravening
the provisions of any rules made under this
section;
(e) Prohibiting the sale of specified articles which
are either dangerous or unsuitable as articles
of food;


1937


G No. 3







Regulation of Street Trading.


(f) Generally for the further and better carrying
into effect the purposes of this Ordinance.
(2) Any person committing a breach of any rule made
under this section shall be guilty of an offence against this
Ordinance and liable, on summary conviction, to a fine not
exceeding forty shillings.


Passed in the Legislative Council this eighth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.


J. L. JOHN.
Clerk of Legislative Council.

THIS PRINTED IMPRESSION has been carefully compared by me with
the Bill which has passed the Legislative Council and found by me to be
a true and correct copy of the said Bill.


J. L. JOHN,
Clerk of Legislative Council.


M.P. CI1/31.


No. 3


1937 7







8 No. 4


Protectorate Towns Improvement Rates
(Validation).


COLONY OF SIERRA LEONE.
No. 4 of 1937.


In His Majesty's, name I assent
to this Ordinance this twenty-
fifth day of June, 1937.


H. R. R. BLOOD,
Acting Governor.


An Ordinance
Collection of


to Validate the Levy and
certain Improvement Rates


in the Protectorate.


[30th June, 1937.]


Cap. 170, WHEREAS by section 35 of the Protectorate Native Law
section 35. Ordinance, 1924, it was provided that it shall be lawful for
the Governor by Order, when any such application is made,
to define the limits of any town and to prescribe improve-
ment rates towards meeting the cost of any improvement
works carried out for the furtherance of the general interests
of such town:

AND WHEREAS by virtue and in exercise of such powers,
Orders were made by the Governor authorising the levy and
collection of improvement rates in respect of certain towns
in the Northern Province of the Protectorate:


No. 32 of AND WHEREAS the Protectorate Native Law Ordinance,
1933. 1924, was repealed by the Protectorate Ordinance, 1933, on
the 9th day of December, 1933, and the said Orders ceased
to have effect:


1937


L.S.
O


Date of com-
mencement.








No. 4 Protectorate Towns Improvement Rates 1937 9
(Validation).

AND WHEREAS notwithstanding the repeal of the Pro
tectorate Native Law Ordinance, 1924, and all Orders made
thereunder the said improvement rates have continued to
be levied and collected as if the said Orders were still in full
force and effect:

AND WmIIREAS such said rates to the amounts specified
in the Schedule to this Ordinance and in respect of the towns
named and for the periods described therein have been levied
and collected without any legal authority for the same:

AND WHEREAS it is deemed desirable and expedient that
the levy and collection of all such said improvement rates
shall be validated :

Now, THEREFORE, BE IT ENACTED by the Governor of Sierra
Leone, with the advice and consent of the Legislative Council
thereof, as follows:-

1. This Ordinance may be cited as the Protectorate Short title.
Towns Improvement Rates (Validation) Ordinance, 1937.

2. (1) The sums of money levied, collected and brought The levy and
to account as improvement rates for the towns named and collection of
for the periods mentioned as set out in the Schedule hereto certain im-
are hereby deemed and declared to have been validly and provement
properly levied, collected and brought to account as if the declared
same had been levied, collected and brought to account under to be legal
the authority and in pursuance of Orders made under section and valid.
4 (1A) of the Public Health (Protectorate) Ordinance, 1926.

(2) No legal proceedings of any kind whatsoever shall
be instituted or maintainable against any person whomsoever
in respect of the levying or collecting of any such improvement
rates as aforesaid, and the exercise of any powers or acts
of authority in connection therewith.








No. 4 Protectorate Towns Improvement Rates
(Validation).

SCHEDULE.


TOWN.


MiAKINI-(Boimbali District)


YONIBANA-(Bombali District) ...




PORT LOKO-(Port Loko District)



KAMBIA-(Port Loko District) ..



LUNSAR--(Port Loko District) ...


PEPEL-(Port Loko District) ...


YEAR.



1933
1934
1935
1936

1933
1934
1935
1936

1933
1934
1935

1933
1934
1935

1934
1935

1934
1935


AMOUNTS.


14 4 0
5 16 0


Passed in the Legislative Council this eighth day of June, in the year
of Our Lord one thousand nine hundred and thirty-seven.

J. L. JOHN,
Clerk of Legislative Council.

THIS PRINTED IMPRESSION has been carefully compared by me with the
Bill which has passed the Legislative Council and found by me to be a true
and correct copy of the said Bill.

J. L. JOHN,
Clerk of Legislative Council,
M.P. PI?/34.


1937








No. 5 Pensions (European Officers) (Amendment).


COLONY OF SIERRA LEONE.

No. 5 of 1937.



In His Majesty's name I assent
0 to this Ordinance this twenty-
fifth day of June, 1937.



H. R. R. BLOOD,
Acting Governor.



An Ordinance to Amend the Pensions
(European Officers) Ordinance, 1924. Cap. 146.

Date of
[30th June, 1937.] commence-
ment.

BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as
follows:-
1. (1) This Ordinance may be cited as the Pensions Short title.
(European Officers) (Amendment) Ordinance, 1937.

(2) Section 2 (1) of this Ordinance and the European
Officers Pension (Amendment) Rules, 1937, shall be deemed
to have come into operation on the twelfth day of August, 1935.

2. (1) Section 2 of the Principall Ordinance is hereby Amendment
amended :- of Section 2
of Principal
(a) by the insertion in the definition of the term Ordinance.
pensionable emoluments immediately after
the word includes of the following words :-
(except so far as may be otherwise provided
by Rules made under this Ordinance) "; and


1937 11








12 No. 5 Pensions (European Officers) (Amendment).


(b) by the insertion immediately before the last
paragraph of the following paragraph:-
Any reference to West African Colonies and
Protectorates shall be construed as including a
reference to territories administered in con-
junction therewith under British Mandate."

Repeal and 3. Section 9 of the Principal Ordinance is hereby
replacement
of section 9 repealed and replaced by the following new section:-
of Principal
Ordinance.
9. It shall be lawful for the Governor in Council,
compulsory with the approval of the Secretary of State, to require an
retirement." European Officer to retire from the .service of the Colony-
(a) in the case of an officer who was appointed to
a pensionable office in one of the West African
Colonies and Protectorates prior to the twelfth
day of August, 1935, and has not after that
date been again appointed to such an office after
having left the West African service on transfer
to other public service or otherwise, at any time
after he attains the age of fifty-five years;
(b) in the case of a member of the West African
Nursing Service, at any time after she attains
the age of forty-five years; and
(c) in the case of any other officer at any time after
he attains the age of fifty years; and no officer
shall be retained in the service of the Colony
after he has attained the age of fifty-five years
save in exceptional circumstances and with the
approval of the Secretary of State."



Passed in the Legislative Council this eighth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.

J. L. JOHN,
Clerk of Legislative Council.

THIS PRINTED IMPRESSION has been carefully compared by me with
the Bill which has passed the Legislative Council and found by me to be
a true and correct copy of the said Bill.

J. L. JOHN,
Clerk of Legislative Council.
M.P. L' S/ 33.


1937







Carriage of Goods by Road.


COLONY OF SIERRA LEONE.

No. 6 of 1937.



In His Majesty's name I assent
to this Ordinance this twenty-
fifth day of June, 1937.



H. R. R. BLOOD,
Arting; (Goverfoir.



An Ordinance to Regulate the Carriage of Goods
over certain Roads within Sierra Leone and
for purposes connected therewith.


[1st August, 1937.] Dateof com-
mencement.
BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as
follows :-
1. This Ordinance may be cited as the Carriage of Goods Short title,
by Road Ordinance, 1937. It shall apply to the Colony and application
Protectorate, and shall come into operation on the first day of and com-
August, 1937. mencement.
2. In this Ordinance, unless the context otherwise Interpreta-
requires- tion.
Personal baggage means such articles as a traveller
takes with him for his personal use or convenience
according to the habits or wants of the particular
class to which he belongs, but does not include any
articles carried for the purposes of hire, sale, trade,
or profit;


No. 6


1937 13







Carriage of Goods by Road.


Road includes a public ferry crossing;

"Scheduled goods means goods of any of the
descriptions mentioned in the fourth column of the
Schedule;

Scheduled road means the road indicated in the
second and third columns of the Schedule.


Prohibition 3. Save as is provided in sections 5 and 6 no person shall
of carriage of carry or cause to be carried in any vehicle over or along any
certain goods scheduled road, in the direction indicated in any item relating
on scheduled to such road in the Schedule, any goods specified in such item.


Power to 4. The Governor in Council may, by Order, add to, vary
alter or revoke the whole or any part of the Schedule.
Schedule.
Authority 5. (1) Notwithstanding anything in this Ordinance
to carry contained the Governor may authorise on such terms as he
scheduled may think fit the carriage of scheduled goods over or along
schedd an scheduled road or any part thereof, either generally or
roads, in respect of any particular person or journey, if he is
satisfied that circumstances exist which justify such action.

(2) The Governor may, in respect of any specified
scheduled road, delegate to any District Commissioner the
powers conferred upon him by sub-section (1).

Exemption 6. Nothing in this Ordinance shall apply to the carriage
of certain of Government goods, the stores of Government officers
goods. travelling on duty, or the personal baggage of travellers.


Onus of 7. In any prosecution instituted under section 8 it shall
proof. not be necessary for the complainant to disprove authorisa-
tion under section 5 or exemption under section 6, but the
onus of any such authorization or exemption, where the same
is in issue, shall be upon the defendant.

Penalty. 8. Any person who shall contravene any of the provi-
sions of this Ordinance shall be guilty of an offence and shall
be liable on summary conviction to a fine not exceeding one
hundred pounds or to imprisonment for a term not exceeding
six months or to both such fine and imprisonment.

Rules by 9. The Governor in Council may make Rules for more
Governor effectually carrying out the provisions of this Ordinance.
in Council
Repeal of 10. The Protectorate Highways Tolls Ordinance, 1932, is
Ordinance
no. 16 of hereby repealed.
1932.


14 No. 6


1937







Carriage of Goods by Road.


SCHEDULE.
Sections 2, 3 and 4

Item. From To Goods not to be carried.


i Matiki Paulap Goods not produced
or manufactured in
Sierra Leone.

ii Panlap Matiki Palm kernels.


Passed in the Legislative Council this eighth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.


J. L. JOHN,
Clerk of Legislative Council.



THIS PRINTED IMPRESSION has been carefully compared by me with
the Bill which has passed the Legislative Council and found by me to be
a true and correct copy of the said Bill.

J. L. JOHN,
Clerk of Legislative Council.


M.P. RB28132.


No. 6


1937 15







Tonkolili Agreement.


COLONY OF SIERRA LEONE.

No. 7 of 1937.


In His Majesty's name I assent
Sto this Ordinance this twenty-fifth
day of June, 1937.



H. R. R. BLOOD,
Acting Governor.





An Ordinance to Ratify and Confirm an Agree-
ment made Between the Crown Agents for
the Colonies on behalf of the Government
of Sierra Leone and the Sierra Leone
Development Company Limited to
Regulate the Mining of the Iron
Ore Deposits and other Minerals
and Metals in the Tonkolili
Area of the Protectorate.

Date of corn- [1st October, 1933.1
mencement.
WHEREAS an agreement was made on the sixteenth day of
April, 1937, between the Crown Agents for the Colonies
on behalf of the Government of the Colony and Protectorate
of Sierra Leone of the one part and the Sierra Leone Develop-
ment Company Limited of the other part which Agreement is
set out in the Schedule:


16 No. 7


1937







Tonkolili Agreement.


AND WHEREAS it is desirable that the Agreement aforesaid
should be ratified and confirmed :

NOW THEREFORE, BE IT ENACTED by the Governor of Sierra
Leone, with the advice and consent of the Legislative Council
thereof, as follows:-

1. This Ordinance may be cited as the Tonkolili Short title,
Agreement Ordinance, 1937. It shall apply to the Colony and application
Protectorate and shall be deemed to have come into force on and com-
the first day of October, 1933. mencement.

2. The aforesaid Agreement is hereby ratified and Confirma-
confirmed and all rights and obligations purported to be tion of
conferred or imposed thereby are hereby declared valid any Agreement
law to the contrary notwithstanding and notwithstanding ment of
anything in any law contained the Governor or the Crown powers.
Agents shall have power to do on behalf of the Crown any act
which the said Agreement may require or allow in the name of
the Governor or of the Crown Agents or of the Government.

3. The provisions of the Marampa Railway and Harbour Application
Works Construction Ordinance, 1931, so far as the same may of Ordinance
be applicable, are hereby expressly declared to apply to any 132 f
extension of the Marampa Railway which may be constructed
in accordance with the terms of the said Agreement.

SCHEDULE.
AN AGREEMENT made the sixteenth day of April, One thou-
sand nine hundred and thirty-seven Between THE CROWN AGENTS
FOR THE COLONIES whose office is at Number 4 Millbank in the City
of Westminster for and on behalf of the Government of the Colony and
Protectorate of Sierra Leone (hereinafter referred to as the Govern-
ment which expression shall where the context so requires or permits
include the Governor for the time being of the said Colony and Protec:
torate) of the one part and the SIERRA LEONE DEVELOPMENT
COMPANY LIMITED whose registered office is at 24 Old Broad Street
in the City of London (hereinafter referred to as the Company "
which expression shall where the context so requires or permits include
its successors and assigns) of the other part.
Whereas:-
(i) It is desirable to promote the development of enterprises in the
Colony and Protectorate of Sierra Leone which will utilise its natural
resources.
(ii) The Company was in the year One thousand nine hundred and
thirty incorporated under the Laws of England as a company limited by
shares for the purpose (inter alia) of taking over and working a
concession of two leases in the Marampa Chiefdom in the said Protec-
torate with the deposits of iron ore and other minerals thereunder.
(iii) Iron ore deposits of considerable extent have been discovered
in the Tonkolili Valley in the said Protectorate.


No. 7


1937 17








Tonkolili Agreement.


(iv) It is desirable that the said deposits should be explored
prospected developed and worked by the Company having regard in
particular (a) to the Company's ownership of the aforesaid concession
in the Marampa Chiefdom (b) to the fact that the Company has con-
structed a modern ore shipping installation at Pepel and a railway from
Pepel to the aforesaid concession which by an extension of approximately
eighty miles from the vicinity of Mafira on the said railway would con-
veniently and adequately serve any mines opened up in or about the
Tonkolili Valley and (c) to the advisability of avoiding redundant capital
expenditure and over-production of iron ore in the said Colony and
Protectorate.
(v) The Government and the Company have determined to enter
into this Agreement with a view to the deposits of iron ore and other
minerals and metals' in or about the Tonkolili Valley being explored
prospected developed and worked and to the said railway extension
being surveyed and constructed in manner and upon and subject to the
terms conditions and events hereinafter appearing.
NOW IT IS HEREBY AGREED AND DECLARED as
follows :
1. IN this Agreement (including the Schedules hereto) the following
expressions shall unless the context otherwise requires have the following


meanings that is to say:-
Expression.
" Sierra Leone "

" The Governor"

" The Crown Agents"

" The Marampa Concession "












" The Railway Extension "






" The Tonkolili Areas "


Meaning.
The Colony and Protectorate of Sierra
Leone.
The Governor for the time being of the
Colony and Protectorate of Sierra Leone.
The Crown Agents for the Colonies for
the time being.
The lands comprised in two Leases dated
respectively the fourth day of November
One thousand nine hundred and twenty-
seven and the twenty-fourth day of
December One thousand nine hundred
and twenty-eight (made originally in
favour of the African and Eastern Trade
Corporation Limited but now vested in
the Company) of territory in the
Marampa Chiefdom in Sierra Leone with
the deposits of iron ore and other
minerals and metals thereunder for
terms of ninety-nine years from the dates
thereof respectively.
The proposed railway from the vicinity of
Mafira (on the Marampa Railway) to
Keimadugu and/or such other terminus
or termini within the Delimited Areas
and/or the Demised Areas hereinafter
mentioned as the Company may from
time to time select or construct.
The lands specified in the First Schedule
hereto (comprising an area of one
hundred and sixty-four square miles or
thereabouts).


1937


18 No. 7







Tonkolili Agreement.


Expression.
" The Delimited Areas "







" The Demised Areas "


" The Minerals Ordinance "



" The Minerals Rules "


" All Minerals "



" Common Boundary "







" Adjacent Owner "


Meaning.
The lands comprised in the delimitation
to be made by the Company and approved
by the Government or settled by arbitra-
tion pursuant to Clause 5 hereof or such
parts thereof as shall not for the time
being have been relinquished by the
Company under paragraph (c) of Clause
6 hereof.
The lands for the time being the subject
of the Permanent Lease hereinafter men-
tioned.
The Ordinance of that name passed in
the year 1927 by the Legislative Council
and any amendments made thereto prior
to the date of this Agreement.
The General Minerals Rules 1928 and any
amendments made thereto prior to the
date of this Agreement.
All minerals included in paragraphs (a),
(b), (c) and (d) of the definition of
" Minerals in Section 2 of the Minerals
Ordinance.
A boundary of any part of the Tonkolili
areas or the delimited areas or the
demised areas as the case may be which
is also a, boundary of any adjacent land
in respect whereof any exclusive pros-
pecting licence or mining right or lease
shall have been or shall be issued or
granted by the Government.
The holder of any such exclusive pros-
pecting licence or mining right or the
lessee under any such mining lease as last
above-mentioned.


Where the context so admits words importing the singular shall
include the plural and vice versa.
2. (a) The Government hereby grant to the Company a Special
Exclusive Prospecting Licence (hereinafter referred to as the First
Licence ") for all minerals within the Tonkolili Areas and for the period
and upon the terms set out in the next following clause hereof.
(b) Exclusive Prospecting Licence Number 177 of the sixth day of
June One thousand nine hundred and thirty-three granted by the
Government to the Company for gold only and covering the Tonkolili
areas as defined in this Agreement shall determine upon the coming into
force of this Agreement or on the first day of October One thousand nine
hundred and thirty-seven whichever is the later and the First Licence
shall take effect in lieu thereof.
3. (a) The First Licence shall confer on the Company (inter alia)
all the rights set out in Section 13 of the Minerals Ordinance 1927. The
period of such Licence shall be live years from the first day of October
One thousand nine hundred and thirty-three.


No. 7


1937 19







Tonkolil Agreement.


(b) Subject as hereinafter mentioned the Company shall be under
no obligation during the period of the First Licence to survey demarcate
beacon or clear the boundaries of the Tonkolili areas.
(c) If the Company and/or the adjacent, owner shall require that
any common boundary be cleared surveyed beaconed and demarcated the
Company shall procure that this be done and the Company and the
adjacent owner shall share the cost thereof in accordance with the
Minerals Rules.
(d) The Company on the first (lay of October One thousand nine
hundred and thirty-seven shall in respect of the last year of the period
of the First Licence pay to the Government a rent of Six Pounds for
each square mile of the Tonkolili areas.
(e) The Company shall during the period of the First Licence
spend a total sum of not less than Four Thousand Pounds multiplied by
the number of complete years of such period on exploration and/or
railway survey.
(f) The Government from the first (lay of October One thousand
nine hundred and thirly-seven shall during the period of the First Licence
indemnify the Company against all claims ol any owners or occupiers
(including the Tribal Authorities) in respect of the Tonkolili areas other
than claims for compensation made in accordance with the provisions
of the Minerals Ordinance but subject to Clause 14 of this Agreement.
(g) At any time and from time to time during the period of the
First Licence the Company shall have the right to call for and the
Government shall grant mining leases for all or any minerals or metals
except iron ore (including any water and/or other rights or easements
required in connection therewith) in respect of any lands within the
Tonkolili areas for periods of not more than ninety-nine years or less
than one year but, otherwise -irl. i1. t to the provisions of Section 28 of
the Minerals Ordinance or to determination as mentioned in Clause 9
hereof and on terms not less favourable having regard (except in the
case of gold platinum and precious stones) to the relative locations of
the respective deposits than those on which similar mining leases are
held by others in Sierra Leone or if there be no similar mining exploita-
tion in Sierra Leone at a royalty (except in the case of gold platinum
and precious stones) not exceeding five per centumn of the value of the
metal or mineral as mined at the mine mouth. Any dispute as to the
terms upon which any such lease shall be granted shall be referred to
arbitration in accordance with Clause 27 of this Agreement.
(h) At any time and from time to time during the period of the
First Licence the Company shall have the right to call for and the
Government shall grant mining rights for any minerals or metals except
iron ore in respect of any streams within the Tonkolili areas and the
provisions of Clause 3 (g) above in regard to royalties payable in respect
of mining leases shall apply mutatis mutandis to any mining rights so
granted.
(i) The areas covered by any such mining leases and/or mining
rights granted under tie last preceding paragraphs (g) and (h) shall
during the period of the First Licence be deemed to remain part of the
Tonkolili areas and the Company shall retain the exclusive right to


20 No. 7


1937







Tonkolili Agreement.


prospect thereon for all minerals other than those for which such mining
leases and/or rights have been granted and if and when such mining
leases and/or rights or any of them are determined the First Licence
if still in force shall again be deemed to include the right to prospect
for all minerals over all those parts of the Tonkolili areas in respect of
which no other mining right or mining lease is for the time being in
existence.
(j) If at any time or from time to time during the term of the
First Licence there shall be in existence any separate mining rights or
mining leases covering or partly covering the Tonkolili areas then the
rent payable under Clause 3 (d) hereof in respect of the Tonkolili areas
shall not .be payable in respect of so much of the Tonkolili areas
as shall be included in the areas of such separate mining rights or mining
leases but the Company in respect of such separate mining rights or
mining leases shall pay the mining rents and surface rents prescribed by
the Minerals Ordinance and the Minerals Rules.
(k) No diamonds discovered in the Tonkolili areas shall be won or
exported from Sierra Leone by the Company except upon such fair and
equitable conditions regulating the winning and marketing thereof as
may be from time to time approved by the Government provided that
the Company shall not if and while it is prevented from winning such
diamonds on a commercial basis be under any liability whatsoever in
respect of the illicit working by any person of such diamonds and
provided also that the Company shall be kept fully indemnified by the
Government in respect of any damage suffered by the Company in
consequence of any steps taken by the Goveinment to prevent such
illicit working.
(1) If and when diamonds are discovered in or under the Tonkolili
areas the Company shall notify the Government of such discovery and
thereupon may apply for authority to win and market such diamonds
and the Government will give such authority provided that the Company
agrees to the said fair and equitable conditions.
4. THE Company may not later than the first day of May One
thousand nine hundred and thirty-eight give notice in writing to the
Government requesting the Government to grant to the Company a fur-
ther Special Exclusive Prospecting Licence (hereinafter referred to as
"' the Second Licence ") for all minerals within the areas for the period
and upon the terms hereinafter mentioned and the Government shall duly
comply with such request.
5. IF the Compahy shall give such notice as is mentioned in the
last preceding clause hereof it shall be bound to furnish and deliver to
the Government on or before the first day of August One thousand nine
hundred and thirty-eight a copy of the largest scale map reasonably
available upon which the Company shall have delimited the lands
within the Tonkolili areas containing iron ore and/or which the Com-
pany will require for the proper development and exploitation of iron
ore deposits. Such delimitation shall be subject to the approval of the
Government and in the event of any dispute as to whether the lands
delimited do contain iron ore and/or are required for the proper develop-
ment and exploitation of iron ore deposits the same shall be referred
to arbitration in accordance with Clause 27 of this Agreement,


No. 7


1937 21







Tonkolili Aqli' i(r ,rt.


6. (a) The Second Licence shall confer on the Company (inter alia)
all the rights set out in Section 13 of the Minerals Ordinance 1927. The
period of such Licence shall be five years from the first day of October
One thousand nine hundred and thirty-eight provided that the Company
may determine the same on the thirtieth day of September One thousand
nine hundred and thirty-nine or on the same day in any subsequent
year by at least three months' previous notice in writing to the
Government to that effect.
(b) The Company from the first day of October One thousand nine
hundred and thirty-eight shall during the period of the Second Licence
pay to the Government an annual rent of Six Pounds for each square
mile of the delimited areas. Such rent shall be payable annually in
advance on the first day of October One thousand nine hundred and
thirty-eight and on each first day of October thereafter.
(c) The Company may relinquish any part or parts of the deli-
mited areas on the thirtieth day of September One thousand nine hundred
and thirty-nine or on the same day in any subsequent year during the
period of the Second Licence by at least three months' previous notice
in writing to the Government to that effect.
(d) The provisions of paragraphs (b) (c) (f) (g) (h) (i) ) (j) ) and
(1) of Clause 3 hereof shall apply mutatis mutandis to the Second Licence
as if the expressions the Second Licence and the delimited areas "
respectively were therein substituted for the expressions the First
Licence and the Tonkolili areas respectively. Any areas within
the delimited areas covered by any mining leases and/or mining rights
granted during the period of the First Licence under the provisions of
paragraphs (g) and (h) of Clause 3 hereof shall be deemed also to remain
part of the delimited areas and the provisions of the said paragraph (i)
as applied by this paragraph shall be read accordingly.
(e) The Company shall not during the period of the Second Licence
be under any obligation to expend any money upon or carry out any
exploration work or railway survey but the Company shall in addition
to the annual rent of Six Pounds per square mile of the delimited areas
pay to the Government an annual dead rent of One Thousand Pounds
on the thirtieth day of September One thousand nine hundred and thirty-
nine and on each succeeding thirtieth day of September during the
said period.
7. THE Company may not later than the first day of April One
thousand nine hundred and forty-three (provided that the Second Licence
shall not have been earlier determined under the proviso in paragraph
(a) of the last preceding clause hereof) give not less than six months'
notice in writing to the Government of its intention to take up a mining
lease (which together with any extension thereof is hereinafter referred
to as "the Permanent Lease ") for all minerals in and under the
delimited areas and for the period and upon the terms hereinafter men-
tioned and thereupon the Government shall duly grant such lease from
the date (being not less than six months from the date of such notice)
which the Company shall specify in such notice.
8. (a) The Permanent Lease shall contain a demise and grant of all
minerals in and under the delimited areas.
(b) The term of the Permanent Lease shall be ninety-nine years
from the date of commencement of the Lease as specified in Clause 7


22 No. 7


19;37









hereof provided that the Company shall have the right to determine the
same at any time by at least six months' previous notice in writing to
the Government to that effect and provided also that if the Permanent
Lease shall not earlier have been determined under this sub-paragraph
the Company may by at least six months' previous notice in writing to
the Government given prior to the termination of the period of the
Permanent Lease request the Government to renew the Permanent Lease
for a further period of ninety-nine years from the date of termination of
the first ninety-nine year period upon the terms and conditions of the
original Permanent Lease (other than the right to a further extension)
and the Government shall duly comply with such request.
(c) The Company may surrender any part or parts of the demised
areas at any time during the term of the Permanent Lease by at least
six months' previous notice in writing to the Government to that effect
and upon such surrender the lands surrendered shall cease to be com-
prised in or subject to the provisions of the Permanent Lease.
(d) All lands within the demised areas which are acquired by the
Company under the provisions of The Marampa Railway and Harbour
Works Construction Ordinance 1931 as applied to the Railway Extension
in accordance with Clause 10 (e) hereof shall cease to be comprised in
or subject to the provisions of the Permanent Lease.
(e) The Company shall during the term of the Permanent Lease
pay to the Government an annual rent of Six Pounds for each square
mile of the demised areas in full satisfaction of all mining rents (other
than dead rent and royalty) due to the Government and of any surface
rents due to the owners or occupiers of the land (including Tribal
Authorities) under the provisions of the Minerals Ordinance or other-
wise. Such rent shall be payable yearly in advance within one month
of the commencement of each year and Section 32 (4) (a) of the Minerals
Ordinance notwithstanding shall not be subject to revision during the
currency of the Permanent Lease.
(f) The Government shall during the period of the Permanent
Lease indemnify the Company against all claims of any owners or
occupiers (including the Tribal Authorities) in respect of the demised
areas other than claims for compensation made in accordance with the
provisions of the Minerals Ordinance but subject to Clause 14 of this
Agreement.
(g) Subject as hereinafter mentioned the Company shall in
addition to the rent mentioned in paragraph (e) of this clause pay to
the Government an annual dead rent of One Thousand Pounds during
the term of the Permanent Lease Provided that such dead rent shall
cease to be payable during and in respect of the period of construction
of the railway extension.
(h) The Permanent Lease shall provide for the payment by the
Company to the Government of royalties in accordance with the provi-
sions set out in the Second Schedule hereto.
(i) Any royalties paid by the Company to the Government under
the provisions of the said Second Schedule in respect of any year shall
in the first place be considered as being paid on account of the dead rent
for that year (if any) payable under paragraph (g) of this clause and
shall accordingly be received by the Government in satisfaction pro tanto
of the Company's liability for such dead rent.


No. 7


To'onkoliti Agreeme~nt.


1937 23






Tonkolili Agreement.


(j) During the term of the Permanent Lease the Government will
not impose on the Company a tax on profits made from or in respect of
and/or any duty on or in respect of the exercise of any of the rights
conferred by this Agreement and any mining rights or leases including
the Permanent Lease issued in pursuance thereof exceeding a total
amount equivalent to five per centum per annum on such profits for
such year as assessed to income tax in the United Kingdom.

Provided that the Government shall ,not impose any such tax on
profits in any year in which the Company has failed to obtain the
agreement of the Commissioners of Inland Revenue in the United King-
dom to allow Dominion Income Tax relief in respect of the whole of the
said tax or duty to such extent that no additional burden or obligation
in respect of tax or duty is imposed upon the Company.

Provided also that the term profits as used in this clause shall
not include any profits earned' by the Company in respect of any trade
or business of prospecting for mining producing or selling diamonds or
any profits the Company may earn by any of its operations in the
Marampa Concession.
(k) During the term of the Permanent Lease the Government will
not save as provided in this Agreement impose on the Company or its
employees or on, the whole or any part of the undertaking or assets of
the Company any impost head tax liability or obligation which will
directly or indirectly increase the financial obligations or working costs
of the Company which is not universally applied to all persons firms
and companies and their employees or assistants engaged in industry in
Sierra Leone and the undertakings and assets in Sierra Leone owned or
controlled by such persons firms and companies.
(1) The provisions as to exemption from customs duty set out in
the Third Schedule hereto shall have effect during the respective periods
therein specified.

9. (a) In the event of the Permanent Lease being granted to the
Company as aforesaid all or any leases which may have been granted by
the Government to the Company during the periods of the First and
Second Licences under the provisions of Clauses 3 and 6 hereof the areas
of which shall lie within or partly within that of the demised areas or
shall be bounded or partly bounded by the demised areas may at the
option of the Company be determined on the date of commencement of
the Permanent Lease and if the Company shall exercise such option the
Permanent Lease shall take effect in lieu of and over and be deemed to
include the areas of the leases so determined.
(b) If the Company shall not exercise its option under paragraph
(a) of this clause to determine leases which may have been granted for
all or any minerals other than iron ore over areas within or partly
within the demised areas or bounded or partly bounded by the demised
areas nevertheless the areas covered by such leases which are not deter-
mined shall remain part of the demised areas in respect of the minerals
not included in such leases and if and when such leases are determined
the Permanent Lease shall again be deemed to include the right to mine
all minerals in all areas of the demised areas in respect of which no
other mining lease is in existence.


24 No. 7


1937







No. 7 Tonkoliti Agreement. 1937 25

(c) During the term of the Permanent Lease the Company may
request the Government to grant to the Company a separate lease or
leases for any mineral other than iron ore in respect of any area or
areas lying within the demised areas and the Government shall comply
with such request. From the date of grant of such separate leases and
during the currency thereof there shall be deemed to be excluded from
the Permanent Lease the right to mine any mineral other than iron ore
for which such separate lease is granted within the area of any such
lease.
(d) If at any time or from time to time during the term of the Per-
manent Lease there shall be in existence any separate mining lease
covering or partly covering the demised areas then the rent payable
under Clause 8 (e) hereof in respect of the demised areas shall not be
payable in respect of so much of the demised areas as shall for the time
being be included in the area of such separate mining lease but the
Company in respect of such separate mining lease shall pay the mining
rents and surface rents prescribed by the Minerals Ordinance and the
Minerals Rules.
(e) The provisions of Clause 3 (k) and (1) shall apply during the
term of the Permanent Lease as if the expression the demised areas "
were therein substituted for the expression the Tonkolili areas."
10. (a) If at any time during the term of the Second Licence and/or
the Permanent Lease the Company after being requested so to do by the
Government shall fail to adduce reasonable proof that the reserves of
workable iron ore of good shipping quality within the Marampa Con-
cession are in quantity more than seven times the average of the
quantity of annual shipments from such Concession during the five
calendar years immediately preceding such request the Government may
give notice in writing to the Company requiring it within twelve months
of the date of such notice to commence construction of the railway
extension and the Company shall duly comply with such request save in
case of force majeure or unless before the expiration of such twelve
months it agrees to surrender the Second Licence or the Permanent
Lease as the case may be. In the event of any dispute as to whether
or not the Company has adduced such reasonable proof the same shall
be referred to arbitration in accordance with Clause 27 of this Agree-
ment and the period of twelve months hereinbefore mentioned shall not
be deemed to commence until the conclusion of such arbitration.
(b) Subject as aforesaid the Company shall not be under any
obligation to commence construction of the railway extension.
(c) When and if the Company shall commence construction of the
railway extension it shall proceed with such construction so as to com-
plete the same within five years from the date of commencement save in
the case of force majeure or unless the Government shall consent to a
prolongation of the period of construction. Such consent shall not be
unreasonably withheld in the event of unforeseen difficulties arising.
(d) Failure by the Company to commence the construction of the
railway extension in accordance with the provisions of this clause save
in the case of force majeure shall entitle the Government to cancel the
Second Licence or the Permanent Lease as the case may be forthwith by
notice in writing to the Company to that effect. This right of cancella-







Z6 No. 7 Tonkolii Agreement. 1937

tion shall not extend to separate mining rights and/or mining leases
which may have been granted by the Government to the Company during
the periods of the First and/or Second Licence and/or the Permanent
Lease under the provisions of Clauses 3, i and 9 hereof or any rights or
easements which at the date of such cancellation are enjoyed with such
separate mining rights and/or leases.
(e) The provisions of the Marampa Railway and Harbour Works
Construction Ordinance 1931 shall mutatis mutandis be made applicable
to the railway extension. All lands within and without the demised
areas which are required for the railway extension shall be acquired by
the Company under the provisions of that Ordinance.
(f) Where the term force majeure is used in this clause it shall
be deemed to include war or the anticipated imminence thereof between
any nations prohibition of shipment transport or import of iron ore civil
commotion political disturbances financial crises strikes lock-outs
accidents epidemics and any other event of any nature or kind whatso-
ever beyond the personal control of the Company which directly or
indirectly hinders or prevents the Company from commencing or proceed-
ing with the construction of the railway extension.
11. THE Government will forthwith enter into negotiation with
the Company with a view to granting the Company facilities to obtain
without cost to the Government from the Bumbuna Falls such power as
may be required for the effective working of the iron ore deposits the
Railway Extension and the Marampa Railway and the Government will
not impose any toll or similar charge for such use of the power so
generated or in respect of the water used in the generation of such power.
12. THE Company may with the consent in writing of the Governor
transfer or assign the rights or any portion of the rights granted to it
under this Agreement (including the First and Second Licences) or under
any mining right or mining lease or the Permanent Lease issued to it in
pursuance of this Agreement to a British subject or to a company incor-
porated and registered in Great Britain or Sierra Leone the majority of
the directors of which shall be British subjects provided (a) that the
officials employed in the working of the railway or the mines shall be
British subjects or British protected persons and (b) that the Governor
in Council may in special circumstance, and subject to such terms and
conditions as he may think fit to impose waive condition (a) in individual
cases.
13. EVERY statement or representation having specific reference
to this Agreement or any Licence to be granted thereunder which it is
intended to set forth in any prospectus notice advertisement or circular
inviting subscriptions of capital by or on behalf of the Company or any
company deriving title thereunder shall be first submitted to the Govern-
or or the Crown Agents as the case may be together with the whole of
such prospectus or other document before the said statement or represen-
tation shall be issued and the same shall not be issued if the Governor
or the Crown Agents as the case may be shall within twenty-eight days
after any such statement or representation has been so submitted serve
on the Company or any company deriving title as aforesaid notice dis.
approving of the same and in the event of any breach of this clause it
shall be lawful for the Governor or the Crown Agents by notice in
writing to be served upon the Company committing the breach to
determine this Agreement PROVIDED that any approval given under


ii


i








No. 7 Tonkolili Agreement. 1937 27

this clause shall in no way extend or be deemed to extend to any other
statement or representation contained in or implied by any such pros-
pectus or other document as aforesaid and that neither the Governor nor
the Crown Agents shall by reason of any such approval be represented
or deemed to have in any way approved the same or to have authorised
the issue of such prospectus or other document as aforesaid. The
Company shall pay to the Crown Agents all sums payable by the Crown
Agents to their Solicitors for or in respect of their costs charges disburse-
ments and expenses in connection with the perusal and approval or
disapproval of the said prospectus notice advertisement or circular above
referred to.
14. THE compensation payable by the Company under Sections 17,
23 and 35 of the Minerals Ordinance in respect of the First and Second
Licences or of any mining right or lease or of the Permanent Lease
granted to the Company in pursuance of this Agreement shall not include
compensation for damage to the surface of any land in respect of the use
of which the owner could have had no reasonable expectation of receiving
any profit or return. Subject as aforesaid compensation shall be based
on the actual monetary amount (or value) of the damage done to the
land and not in respect of the occupation or use thereof by the Company.
15. NOTHING in the Minerals Ordinance contained shall entitle
the Government to revoke the First or Second Licence or any mining
lease or the Permanent Lease granted to the Company in pursuance of
this Agreement PROVIDED that if there shall be any breach of the
terms' of the First or Second Licences or of any mining lease or of the
Permanent Lease granted in pursuance of this Agreement and the same
shall not be remedied within six months after notice to. remedy such
breach has been given the Company shall be liable in damages for such
breach.
16. THE area or areas demised by any mining leases granted to the
Company in pursuance of Clauses 3 (g) 6 (d) and 9 (c) of this Agreement
may Rules 28 and 29 of the Minerals Rules notwithstanding be of such
size and shape as the Company shall select provided that at the date of
grant such area or areas shall lie wholly within the boundaries of the
Tonkolili areas the delimited areas or the demised areas as the case
may be.
17. (a) Notwithstanding anything in the Minerals Ordinance or
Mineral Rules contained the Government during the periods of the First
and Second Licences and the Permanent Lease shall not grant to any
person firm or company other than the Company in respect of the areas
covered by the First and/or Second Licences and/or any mining right
or lease or the Permanent Lease granted to the Company under or in
pursuance of this Agreement:-
(1) Any prospecting right or exclusive prospecting licence or
mining lease or any similar prospecting drilling or mining permit
or lease for mineral oils or for any minerals or metals.
(2) Any lease of Crown lands.
(3) Any water right or provisional water right for the convey-
ance of water from any river stream watercourse or source within
the said areas to any point outside of such areas without the consent
of the Company first obtained and subject to such reasonable condi-
tions as the Company may require,








Tonkolili Agreement.


(4) Any right for the use of or diversion of water within the said
areas for the generation of electricity.

(5) Any other lease or licence as to the use of the land within the
said areas of the nature contemplated in Section 54 (3) (a) of the
Minerals Ordinance save with the consent of the Company such con-
sent not to be unreasonably withheld.

(6) Authority to use for vehicular traffic other than Government
traffic any road constructed by the Company within the said areas
Provided that nothing in this sub-clause contained shall apply to
such roads as may have been constructed along the line of existing
bush tracks or similar rights of way (herein called public roads ").

(b) The Government shall use its best endeavours to discourage or
prevent the grant of any concession contemplated by the Concessions
Ordinance which would or might hamper or restrict the operations of the
Company or prove an inconvenience to the Company in the due exercise
of its rights under the First or Second Licences or the Permanent Lease.

(c) (1) The Company may at any time or from time to time close
block let down by mining trench or otherwise temporarily or permanently
prevent or prohibit the use of any road or roads other than a public road
within the delimited areas or demised areas.

(2) The Company may close block let down by mining trench or
otherwise temporarily or permanently prevent or prohibit the use of
public roads within the said areas upon giving reasonable notice thereof
and on providing suitable alternative roads or routes.

(3) Save in respect of such public roads the Company shall not be
obliged to pay compensation to the Government or to any person in
respect of any such temporary or permanent interruption of traffic on
any such road or to provide any alternative road in lieu of any such road
so closed by the Company.

(4) Save for the said roads constructed along the line of existing
bush tracks or similar rights of way any road constructed within the
said areas by the Company shall not be deemed for the purposes of
Sections 7 (1) (i) (b) and 33 of the Minerals Ordinance to be a public
road.
(5) The Company may in regard to any road or roads other than
public roads give notice by advertisement in Sierra Leone and/or by
letter to prospective or possible users of the road that it will not be
responsible for any act matter or thing which may happen in or upon
such road and that persons using the said road do so at their own) risk
and thereafter the Company shall not be liable in any case where such
notice shall have been given Provided that such exemption from liability
shall only exist in the case of any road where the Company has further
given reasonable warning (a) by notices placed at the points where the
said road joins with or intersects any public road or main bush track
stating that the said road is a private road and (b) by flags placed on
the said road to mark its entry into any danger zone created by the
Company's mining or blasting operations.


28 No. 7


1937







Ndt-7 Tonklio Agneemwont. 19371 29S

18: (a)). The Company .may- arrange :that:all::survey wOrlk required
by the Minerals -Ordinance and iMinerals -Rules' or i this -Agreement rto be.
performed: in;. connection; with; the clearing survey demarcation" and -
beaooning'of boundaries and: otherwise, including-beaconing .of excluisive
prospecting licences: mining- rights mining leases, andi surface( land
occupied in working mining, leases shall ibe carried out by, a;lia tsed'r
surveyor approved .by the Government. Provided that nothing,.in this
clause-shall'be.deemed- to affect in any way the exemption-from clearing.
survey demarcation and beaconing specified in Clauses 3 (b) and -6 (d)
hereof P'rovided furtherr that if at any time or from time to tiTne there-
shall bb any, dispute between the Company and any Tribal Autthbrity-or-
adjgcent owner in regard to any boundary or .common boundary respec--
tively thi Government may cause such disputed 'bundary to be cleared-
surveyed 'demarcated and beaconed by the Director of Surveys whose-
determination shall be final. The Director of Surveys shall also ddter-
mine, by which party to the dispute the costs -of., such survey, shall be
borne, or may determine that such costs be borne by both' parties in.
such proportion as the Director of Surveys shall indicate.
(b) The Company shall not ,be. obliged to clear surveydemarcatet
or beacon the boundaries of any mining rights or mining leases which at
thetime of.grant iliewholly within the Tonkolili areas or ithe'delimited
areassor the. demised .areas as the, case: may be. Provided that if the,
area of any'such mining right or lease ceases to bewholly surroundedby)
the, Tonkolili areas or the delimited areas or the- demised areas -the
Company shall!: subject to paragraph (a) of this clause, clear, survey)
demarcate and beacon its boundaries as is required by the. Minerals.
Ordinance and.,the, Minerals Rules but.subject ito. the provisions of this
Agreement,
19' (a)- Upon the-surrender 'of other 'determination:of the Permanent
Lease or of any portion thereof under Clause. 8-of' this Agreement or
otherwise.the Company shall be granted a period .of not less.than twelve
months or such longer period as the Government may allow immediately
following, such expiration or determination in which to remove all or
any of "the buildings plant machinery or effects the property. of the
Odmpany- from land the subject of the lease ori portion, of thee'lease;
so surrendered 'or determined.
(b) Upon the surrender or other determination of any mining-Tight
or.mining lease for minerals other.than iron ore granted to the Company
in, pprsuance of this Agreement the Company may within'six-months or
such longer period as the Government may allow of 'such'surrender.-or%
determination remove from land the subject of such lease any' buitditiges
p}apt.machinery, or effects the property of the Company:
(c) Within one month of.the surrender; or. other determination oft
the First or Second Licence or of any part of the areas held thereunder-
or within such longer period as the Government may allow the Company-
may remove .ftm: the Tonkolili areas or the delimited areas any buildings
plant 'machinery or effects the property of the Company,
(d) Provided that the Company shall not be' obliged ito.,remouew
buildings plant machinery or effects from land the subject of anyzminings
right -or-mining lease the area of which upon its surrender or determina-
tion lies.wholly or partly within or is bounded or-partly bounded bythe
Tonkolili areas or the delimited areas or the demise 'areas asatheocase
may be.


Z_1


_ 1







Tonkolili Agreement.


(e) Any buildings plant machinery or effects the property of the
Company which are not removed in accordance with the provisions of
paragraphs (a), (b) and (c) (and may not remain under paragraph (d))
of this clause within the periods stated therein or such longer periods as
the Government may allow shall at the termination of such respective
periods become the property of the Government.
(f) Nothing in this clause contained shall prejudice the right of
the Government under Section 37 (2) of the Minerals Ordinance to take
possession of any buildings plant machinery or other effects the property
of the Company which on the expiration surrender or other determination
of any lease is left upon the area of such lease if the Company is know-
ingly in default for more than three months in the payment of any rent
royalties or other payments due to the Government in respect of such
lease.

20. NOTWITHSTANDING anything contained in Section 38 of the
Minerals Ordinance the Company may discontinue operations under the
Permanent Mining Lease at any time or from time to time and for such
period as the Company shall deem expedient.

21. (a) If the Government shall at any time or from time to time
require to take for any public purpose any land in respect of which the
Company is paying rent in accordance with Clauses 3, 6 and 8 of this
Agreement or under Sections 21 or 32 of the Minerals Ordinance the
Government shall Section 54 (2) of the Minerals Ordinance notwith-
standing :-
(i) Compensate the Company for any interference with or frus-
tration of any right of prospecting or mining which the Company
may hold in respect of such land by reason of the land being required
for a public purpose.
(ii) Compensate the Company in accordance with Section 54 (1)
of the Minerals Ordinance.
(b) If the Government and the Company shall fail to agree as to
the amount of compensation payable to the Company under paragraph (a)
of this clause the question shall be referred to arbitration in accordance
with Clause 27 of this Agreement.

22. RULE 40 (4) of the Minerals Rules shall not preclude the Com-
pany from demanding and receiving rents at such rates and subject to
such conditions as may be approved by the Government in respect of the
occupation by labourers or others of huts or houses constructed by or at
the cost of the Company within the area of any mining lease or the
Permanent Lease granted to the Company in pursuance of this
Agreement.

23. THE Company shall be subject only to such of the provisions
of the Minerals Ordinance and any amending Ordinances and Rules
made and to be made thereunder as are consistent with the terms of this
Agreement.

24. THE provisions contained in the Second and Third Schedules
hereto shall have the same effect as if such provisions were herein set
forth.


30 No. 7


1937









25. ANY notice to be given hereunder :--
(a) To the Crown Agents shall be d l ed or sent by registered
post addressed to the Crown Agents .jilillbank, Westminster,
S.W.1., or to such other address as m ie notified by the Crown
Agents to the Company from time to time.
(b) To the Government shall be delivered or sent by registered
post addressed to the Colonial Secretary Freetown.
(c) To the Company shall be delivered or sent by registered post
addressed either to the Company at its registered office for the time
being or to the Company's chief representative in Sierra Leone for
the time being.
Any such notice under:-
(a) Shall be deemed to have been served if delivered at the time
of delivery or if posted forty-eight hours from the time of posting.
(b) or (c) Shall be deemed to have been served if delivered at
the time of delivery or if posted in the country to which it is
addressed forty-eight hours from the time of posting or if sent from
Great Britain to Sierra Leone or vice versa one month from the
time of posting.
26. NEITHER the Governor of Sierra Leone nor the Crown Agents
nor any officer of the Government shall be in any wise personally bound
or liable for the acts or obligations of the Government or the Crown
Agents or any of them under this Agreement or be answerable for any
default or omission in the observance or performance of any of the acts
obligations matters or things herein contained.
27. ANY dispute between the Government and the Company in
regard to the matters mentioned in Clauses 3 (g), 5, 10 (a) and 21 of
this Agreement and Clause 9 (d) of the Second Schedule hereto shall
be referred to the sole arbitration of an Engineer of standing to be
nominated by the President for the time being of the Institution of Civil
Engineers and submissions to such an arbitrator in the first instance
shall be in writing. The fees payable to such arbitrator together with
the expenses incurred by him in visiting Sierra Leone should he deem
personal inspection essential to enable him to reach a decision and the
other costs of the arbitration shall be borne by the party whose sub-
mission to the Arbitrator differs most widely from the Arbitrator's
decision and the Arbitrator shall himself state in his award by which
party the cost shall be borne. The decision of an Arbitrator under this
paragraph shall be final and binding on the parties hereto.
28. THE Company shall on the execution of this Agreement pay to
the Crown Agents all sums payable by the Crown Agents to their
solicitors for or in respect of their costs charges disbursements and
expenses in or about the negotiations for preparation approval execution
and stamping of this Agreement.
29. THIS Agreement shall be construed and the rights of the
parties thereunder determined according to the Law of England and
(except as otherwise herein and in the Second Schedule specifically
provided) any difference between the parties in relation to this Agreement
or the construction meaning or effect of any of its provisions shall unless
the parties otherwise agree be determined by the Supreme Court of
Sierra Leone. In any action or other proceedings which are instituted
by virtue of this clause the Government and the Company will submit


No. 7


Tonzkolili Agreement.


1937 31









to the jurisdiction of thl Supreme, Court 'of 'Sierra : Leone and the
Gompany maynmake the.-AtDorney-Genyeralnominal defendant-or respon-
-dent. :'The said::action, or proceedings shall then :be conducted in
.iacori~danee',with theoord inaty process of law andias: f the Company and
the Attorney-General wereiordinary parties any law or ordinance to the
:contrary notwithstanding. No execution or..attachment ,or,,process in
the nature' thereof, shall: be..issued, against the. Attorney-General or the
SGovernment in any such action or proceedings as aforesaid or against
any property of His Majesty; but the Government may cause to be paid
otit of the general-revenues of the Colony such sum of money' a- may by
a jildgment or order of the court be awarded to the Company. Any writ
notice order judgment or other legal process or document required by
virtue of this clause to be given to or served:upon -the' Governmenti or
mpon the ,AittonneyGeneral. shall, be.sufficiently given onrserved if left at
.the- oficeoof the 'Attorney-iGeneral, in> Sierra Leone' addressed to him on
..behalf,.of. the Government and. any writ notice order judgment or other
..legal process or .document required by virtue of this clause to be.given
..to.or.served.upon the Company shall be sufficiently given or served if left
..at the.office.of. the. Company in Sierra Leone addressed to them.
IN WITNESS whereof SmI WILLIAM FREDERICK- GOWERS,..K.O.M.G.,
,one.of the Grown Agents for the Colonies has hereunto set.his hand and
seal.and the Company has caused its Common Seal to be hereunto affixed
..theday.and. year first.above written.
THE FIRST SCHEDULE.
Lands to be comprised in the first place in the Tonkblili Areas.

.'ALL"THAT area in, the Sierra .Leone. Protectorate' included' in the
f;allowig. boundaries:-
Sltarting- from the, point of intersection of latitude ,901'3N.. arid
Longitude 11"40'W., eastwards along.,latitude 9P10N.. to longitude
.11'35'W. thence southwards along longitude 11*35'W. to latitude
8155WN. thence westwardss ,along latitude 8035'N. to longitude
11T47f30'"W.: thence.northwards along, longitude 1147'30"W. to lati-
1 tude-9S04'ON. thence eastwards Malong latitude. 9704'N. to longitude
i1145(W.- thence southwards.ialong longitude. 11.45'W. to latitude
,9rO0'0W. thence, eastwards along .latitude 9000N. to Beacon P.C.S.
i.1319 (whose ,provisionally. accepted. co-ordinates are 846,65T722;feet
o.4orth and .602,216'99 feet East, thence on a bearing. 24*40'03" anid
distance.;3893-4 feet,to Beacon Number P.C;S..1313 thence on a
bearing 5620'46" and distance 7966-9 feet to Beacon Number" PC:S..
"1117 thence on ad bearing' 5654'41" and distance 2930,0 feet to. Beacon
'Number P..C.S. 1279 thence on a'bearing '28*58'05" and distance'
4610-0 feet to Beacon Number 'P.CS. 1344 thence on a beaming:
S105010'36" -arid distance'1008'3 feet to' Beacon -Number 'P.C.S.1 1271
thence on a bearing 6020'59" ard distance 990'2 feetto:Beacon
-Nuhber PO..S. 1270 thence on a 'bearing 6601'00"; and distance
12480 feet to -Beacon 'Number iP,.C.-S. 1269 thence,,on.:a hearing
1466'094" and distance 1304-8:feet to: Beacon .Number P..C.S..1268
thence-ona bearing 84"38'59" and distance 945-4; eet, to Beacon
'Numhber' P.C:S. 1267: thence on, a bearing. 359056"52" ,and.distance
140669V-7-feet back to the starting ,point but excluding any part of the
vallleys of 'the Signakola and- Sunkoni streams .which lie .within -the
'-said- area.


1 Tonkohbli Agreemenet.


1937


'32 Wo-'. 7







!o 7 krn ili Ag~remfatt.


.THE'SECOND SCHEDULE.
'"Royalties payable by Company to Government'during-term of Permanent
Lease.
IRON ORE.
1. From 1st October 1943 to date of first commercial. shipment of
iron ore won from demised areas or until the date on which the Perma-
1nentl Lease is 'determined, or cancelled under Clause 8 (b) or 10 (d)
owhicheer is the earlier a royalty of 2d.; per ton on all diron*ore shipped
;:oDmf Marampai Concession.

2. From date of first commercial shipment of iron ore- won from
..demised areas a tonnage royalty on all iron ore shipped from the demised
..areas:and/or. the Marampa Concession calculated on. following scale:-
SIf the net average realized! price per ton free on .,boad at Pepel
lin~any yeanidoes not exoeed-8s. 9d. a royalty, of 3d.rpen ton herein-
.afterr referred to. ias "the basic royalty." :This:eoyalty shall be
increasedibyi One, Halfpennyf:per ton for every 64d. of:.increase or
tany.part thereof in, net! average .realised price' fojb.. Pepel above
.8s.; 9Vd.: per: ton. !Provided that should the said, part of; any such
increase be less than One Halfpenny the royalty shall .-be increased
:byLthea acual' amount of such increase instead of, by. One,,Halfpenny.

'Thus--IIf net average"realised price pern ton. f.o.b.i Pepel exceeds
8s. 9d. but does not exceed s. 3d.-a royaltyiof S3d. per ton.
SI net realized price per ton f.o.b.i Pepel-exceeds-'s. 3d. but
)'does notexceed 9s. 9d. a royalty of 4d. per ton.
'And so .on in the- same scale.

ABut-:-1If the net average realized price per ton f.o.b. Pephl shall be
'8s. 91'd. the royalty! payable- shall: be 34d. ,per ton and not
: 3d. per ton.
If the.net average realized price per ton f.o,b.Peppel shall be
.9s. 9jd. the royalty payable shall -be. 4d., per, ton and not
4jd. per ton.

-'3. 'The royalties mentioned in Clauses 1 and 2,of this-Schedule shall
'.be-paid *to the Government without deducitiontofi Bjitish income tax.

4. '-Net.average rehlised price per ton f.o.b.' epel in any year shall
'be calculated as follows:-
.(a) Take the totaLgross ,proceeds including payments in respect
of cargoes lost at sea ,(if any) received by the Company .in respect
of ull ore shipped from the demised areas and/or'from the Marampa
SCocession. during, the year under -review before deduction of any
Sebharges.
(b) Deduct from such total proceeds the following total expenses
of '(he Company for such year :-
.(i) All transport charges from fjo.b. Pppel to point or points
iat,>which 'delivery is effected to buyers. Such transport charges
shall include ocean freight cost of dischargi~g..*herethis is not


-Wo.- 7


'1937 _,







Tonkolili Agreement.


included in ocean freight demurrage on steamers (if any) light
harbour or dock dues (including canal dues) where these are not
included in the ocean freight cost of lighter and/or rail freight
(including cost of loading and/or discharging into and from
lighters and/or railway trucks where such costs are not included
in lighter and/or rail freights) stocking and relifting charges and
any other charges of similar nature.
(ii) All selling charges including selling agents' commission
brokerage sampling and analysis checkweighing insurance
(including credit insurance) bill stamps and discounting charges
on bills receivable advertising and any other charges of similar
nature.
(iii) Head office charges including fees paid to directors
and/or technical consultants managerial and/or secretarial fees
legal and arbitration expenses audit fees salaries and pensions of
staff save those for the time being on the payroll of the Company
in Sierra Leone financial charges on remittances to Sierra Leone
travelling expenses office rents in United Kingdom (including
local rates and taxes) postages (including telegrams cables and
telephone charges) stationery and similar charges and expenses
and any sums paid by the Company whether in the form of
damages or otherwise on sales and freight contracts the Com-
pany bringing into account any similar sums received by it.
Provided that deductions shall only be made on account of such
charges mentioned in sub-paragraphs (ii) and (iii) of paragraph
(b) of this clause as are fair and reasonable charges incurred in
the course of the Company's normal business. The Auditors
of the Company shall with each of the statements prepared in
accordance with clause 8 of this Schedule give a certificate stat-
ing that the said charges are fair and reasonable as aforesaid.
In certifying as aforesaid the Auditors shall have and shall
state that they have had due regard to the allocation of a fair
proportion of the total head office and selling charges to the
activities if any of the Company other than activities relating
to the production transport and sale of Sierra Leone iron ore.

(iv) A charge in respect of allocation to sinking fund in
respect of the capital originally invested in the development of
the Tonkolili Mineral Areas and of any further capital therein
invested after these areas have been brought into production.
Such charge shall be the amount which it is necessary to allo-
cate annually to a sinking fund accumulating at three per cent.
per annum compound interest in order that the amount to the
credit of sinking fund shall at the end of 30 years be equivalent
to the capital sum which it is required to amortize.

(v) A sum equivalent to the amount which the Company
will require to pay as income tax to the British Inland Revenue
and as Profits Tax to the Government in respect of the net sums
allocated to sinking fund as in (iv) immediately preceding.

(vi) Any tax duty or imposition on the product paid or pay-
able by the Company whether in the form of import duty sales
tax or otherwise howsoever.


34 No*. 7


1937







Tonkolili Agreement.


(vii) Any other charge of whatsoever nature which shall be
a legitimate deduction from gross proceeds in computing the net
realized price f.o.b. Pepel and shall be so certified by the
Company's auditors.
(c) To arrive at net average realized price per ton divide total
net amount arrived at by making aforesaid deductions from said
total gross proceeds by number of tons of iron ore shipped from
Pepel during year under review.

5. It is expressly declared and agreed:-
(a) That the Company shall not make from the total gross pro-
ceeds any of the deductions specified in Clause 4 (b) (i) (ii) (iii) (vi)
and (vii) of this Schedule unless the sums so deducted represent
expenses which have actually been incurred by the Company.
(b) That the deductions to be made from gross proceeds in
respect of allocation to sinking fund in accordance with Clause 4 (b)
(iv) and (v) of this Schedule shall cease when the amount to the
credit ofi sinking fund is equivalent to the total capital invested in
the Tonkolili undertaking.
(c) That the Company shall not be entitled to charge against
gross proceeds any sum in respect of sinking fund for the amortiza-
tion of the capital of the Marampa railway port and shipping
installation save that any capital sums expended in adapting extend-
ing altering or renewing the said railway and shipping installation
or any part or parts thereof (including rolling stock) with a view
to the more convenient handling stocking and shipment of Tonkolili
Minerals shall be deemed to be part of the capital expenditure upon
the Tonkolili undertaking.

6. Within three months after 30th June and 31st December in each
year commencing 31st December 1943 the Company to deliver to Govern-
ment a statement certified by the Company's Auditors of the quantities
of iron ore shipped at Pepel from the demised areas and/or the Marampa
Concession during the six months preceding such 30th June or 31st
December as the case may be save that the first statement to be delivered
after 31st December 1943 shall be for the period, from 1st October 1943
to 31st December 1943.

7. (a) Each such half-yearly statement to be accompanied by a
provisional payment in respect of royalties and/or dead rent the amount
of which shall be calculated as in sub-paragraph (b) below.
(b) (i) For the period from 1st October 1943 to 31st December
1943 and for each half-year thereafter up to and including the half-year
during which the first shipment of iron ore is made from the demised
areas the provisional payment shall be a sum equal to Two Pence multi-
plied by the number of tons shipped during the half-year or other period
covered by the account.
(ii) From the half-year following that during which the first ship-
ment of iron ore is made from the demised areas the provisional payment
shall be a sum equal to Three Pence multiplied by the number of tons
shipped during the half-year.


No. 7


1937 35







Ttbnkctiia iAgreemen&; 193V


(iii)If tat 'the end& ofaanyyear commencing with the year ending
3Isat Dbcember '1943,;theoGovernment 'shall. beo entitled to -dead, rent in
accordance :with)Olause, 8 (g).hereof and. the.provisional payments to be
made under Sub-paragraphs (i) and (ii)-of this clause in respect of that
year are together less than the dead rent due to Government then the
second provisional payment in respect of any such year shell' be increased
t6 such an amount as will'together with that of the first provisional
payment'equal the ddad rent'due to GOvernment.
(iv) In order to coordinate the dates on which dead rent shall be
payable under Clause 8 (g) with the date of termination of the'Company's
financial year on 31st December in each year a pro rata calculation as to
thb -amount of dead rent 'accrued shall be made as at the 31st December
immediately, succeeding the date on which ddad rent commences to accrue
unde'rO-lause 8' (g).
8. (a) Within six months after the end of the Company's financial
year on,'31t. DIeeember in each' year commencingwith the, year during
which, thd.firist :shipment 'is made from. the'demised areas the companyy
shall prepare and-deliver to the Government a final statement :certified
by4the'Company',s:.Auditors:,in.respeet of alli iron ore shipped, from -the
demised areas and/or the Marampa Concession during the. year under
review. Such .statement shall show the gross proceeds received by the
Company, in respect of 'such shipments the amounts deducted therefrom
for expenses in accordance with Clause 4 (b) of .this Schedule the -net
average realized, price per ton f.o.b. Pepel and the total royalties due to
the Government :on such shipments. It shall' also show the Company's
cost per ton of placing the ore from the demised areas f.o.b: P'epel' In
computing such'cost the Company shall be allowed to include all"charges
or expenses actually .incurred in connection with the exploitation of 'the
iron ore deposits in the demised areas and/or the M'arampa Concession
other than such charges or expenses as may in accordance with Clause 4
(b) of this Schedule be.deducted from gross proceeds when ascertaining
th .net average realized price f.'o.b: Pepel.'
(b),'Together -with-,such final statement the Company .shall remiti
toGiOderament'an amount Bingg the total royalties due to Government r,
in respect 'of the' year under review less -the amount of any provisional:
payments .made in respect thereof in.iaccordance with..Clause,7 .of;this a
S6hbdule:
(c) The final computation of royalties due to the Gdvernment made
in accordance with paragraph (a) of this clause shall be based upon the
tonnage-of bre shipped in the year under review as invoiced- by the Com-
pany to receivinig:works save that the weights of cargoes lost at sea,
(if any) shall be taken as being the bill of lading weights of such cargoes.
91S (a) If Jat the-end of 'theyear immediately'following that during
whidh-th' first commercial shipment is made from the demise areas the.
costbto-the- Company of' placing the- ore from. the 'demised areas f.otb..
Pepel, as -shown, by -the final statement: rendered i ini aaccordance 'with
CIlause'8 (a) of thisSchedule is materially less than 6s.. 2dperstonif.obo.
or materially in excess of that figure either the Government or thetOomc
pany;.may requestt ,a revision in the basic,royalty .of 3d. per ton.,
(b)-'If at the.end:of the-sixth eleventh or sixteenth' years' follbwing-
thhat'duriing'which the first l commercial' shipment is madeo'from the-
demised areas or at the end of any further five-year :period,:thereaflter -


19AV







Tonkolili Agreement.


the average cost to the Company of placing the ore from the demised
areas f.o.b. Pepel during any such five-year period is materially less or
materially in excess of the average cost during the-period preceding that
under review either the Government or the Company may request a
revision in the basic royalty current during such five-year period whether
or not such basic royalty has previously been revised under the provisions
of this clause.
(c) It is declared that the general object of any revision contem-
plated under paragraphs (a) and (b) of this clause is to redress any
hardship which may arise either to Government or Company either from
a general change in world price levels or from an alteration in cost of
working due to a change of labour or social conditions in Sierra Leone
or from any other cause beyond the control of the Government or the
Company.
(d) If either the Government or the Company shall request a
revision under paragraphs (a) or (b) of this clause and the two parties
shall be unable to agree as to the extent of the revision the question
shall be submitted to arbitration in accordance with Clause 27 of this
Agreement.
(e) Any revision agreed upon or settled by arbitration shall affect
only the basic royalty and the average realized price f.o.b. Pepel upon
which such royalty is based. It shall not affect the sliding scale of
increases for which provision is made in Clause 2 of this Schedule.
(f) Any such revision shall remain in force for a period of five
years at the end of which period a further revision may take place under
paragraph (b) of this clause.

10. The Company's Auditors to be Messrs. Deloitte Plender
Griffiths & Company or such other Chartered Accountants or firm of
Chartered Accountants as may be appointed from time to time by the
shareholders of the Company and approved by Government.

11. In arriving at the net average realized price f.o.b. Pepel in
accordance with Clause 4 of this Schedule the Company's Auditors or
such other person as may be appointed by the Governor acting on behalf
of Government may exclude from average :-
(i) Any sales of iron ore made to or any charter or freight con-
tract made with:-
(a) Any person firm or company which has a direct financial
interest in the Company exceeding ten per cent. of its total
share capital and loan capital (if any).
(b) Any firm or company in which the Company has a financial
interest exceeding ten per cent. of its share capital and
loan capital (if any).
(ii) Should any such sales of iron ore or any charters or freight
contracts be rejected from average the quantities of iron ore sold and/or
freighted thereunder shall for the purposes of the computation required
by Clause 4 of this Schedule be deemed to have realized the same price
f.o.b. Pepel as that of the average disclosed by the remaining transac-
tions of the Company during the year under average,


No. 7


1937 37







Tonkolili Agreement.


(iii) Provided that notwithstanding anything contained in this
clause the Company may seek the prior approval of its Auditors of any
sale of iron ore made to or any charter or freight contract made with
any such person firm or company as is described in paragraph (i) (a) and
(b) of this clause and if the Auditors shall approve any such sale or
charter or freight contract it shall not thereafter be excluded from
average in computing the Company's net average realized price f.o.b.
Pepel.

OTHER MINERALS.
12. Any taxes payable in respect of any minerals other than iron ore
won by the Company from the demised areas shall not exceed the lowest
taxes payable to the Government by any other person firm or company
mining the like minerals in Sierra Leone.

13. The royalty to be paid by the Company in respect of any mineral
other than iron ore won by it from the demised areas shall if no other
person firm or company be mining such mineral in Sierra Leone be agreed
between the Company and the Government but (except in the case of
gold platinum and precious stones) shall not exceed 5 per cent. of the
value of the minerals as mined such value to be calculated at the mine
mouth.
14. (a) Any royalty due to the Government on crude gold exported
by the Company shall be paid by the Company in accordance with Rule
5 (3) of the Minerals Rules.
(b) Payment of all royalties other than those on crude gold and
on iron ore shall be payable to the Government at half-yearly intervals
and within three months after the close of each half-year. Provided
that if in the case of any mineral other than crude gold or iron ore the
royalty payable is based on a percentage of profits or a percentage of
realized selling prices the Company shall make provisional payments at
the end of each half-year in respect of royalties due and shall make final
payments in respect of each year within three months after the Com-
pany's accounts for that year have been prepared and certified by the
Company's Auditors the procedure generally following that laid down
in Clauses 6, 7 and 8 of this Schedule in regard to the method of payment
of royalties on iron ore.

GENERAL.
15. The Government shall not levy or impose any export tax or
royalty or other direct tax on minerals won from the demised areas
other than and except royalties or taxes aforesaid.

THE THIRD SCHEDULE.
1. The following materials machinery and other articles shall as
and when required by the Company be admitted into Sierra Leone free of
duty. (The numbers where quoted are the relevant items of the First
Schedule to the Customs Tariff (Amendment) Ordinance 1934) :-
(a) 30. Buoys, chains, anchors and sinkers for mooring vessels.
43. Coal, coke and patent fuel.


38 No- 7


1937






Tonkolili Agreement.


73. Instruments for surveying and prospecting.
78. Machinery for electric lighting and power, marine, mining,
industrial, railway, water-boring and pumping purpose.
Accessories for the above machinery.
(The definition of the term machinery is given in Sec-
tion quoted).
33. Motor vehicles and accessories (but not spare parts).
121. Boats and launches, etc.
123. Water tanks.
(b) All structural steel including corrugated iron sheets required
for the construction of the permanent way of the railway extension
or for adapting extending altering or renewing the Marampa railway
shipping and port installation (including bridges, culverts and rails,
steel sleepers, fishplates, bolts, stays, etc.) or for the construction of
buildings or of mining plant (including light section rails and
accessories used for internal transport and mining wagons of the
Decauville or similar type).
All rolling stock for the railway extension, also tools used in
connection with railway machinery and in machine workshops and
timber of a size suitable for use as sleepers.
All telephone or telegraph equipment.
Piles and pile drivers, including timber of a size suitable for
dressing and fitting as piles, derricks, wire ropes and hawsers,
cement block-making machines, drains and waterpipes, shoots and
apparatus in connection with the transport and loading of ore, hand
trucks and barrows, signals and fittings, lighting and power plant
(not including indoor domestic fittings, lightning arrestors, roses,
plugs and sockets, fans, indoor flex, lamp holders, etc.).
2. (a) Unless otherwise from time to time agreed by the Governor
the exemptions specified in the preceding clause hereof shall apply only
to goods imported into Sierra Leone in British ships. The exemptions
specified in paragraph (a) of the last preceding clause shall extend until
completion of construction of the railway extension. The exemptions
specified in paragraph (b) of the said clause shall extend for a period of
five years or such longer period as the Government may allow for rail-
way construction under this Agreement or otherwise from the date of
first importation into Sierra Leone under such exemptions following the
commencement of railway construction. Such last mentioned exemp-
tions shall be dependent on the receipt of a certificate signed by a
responsible officer of the Company to the effect that all articles in respect
of which exemption is desired are necessary for the actual construction
of the railway extension and/or for adapting extending altering or renew-
ing the Marampa railway shipping and port installation and/or for
establishing the mines or housing the Company's officials and/or for the
construction of the telegraph or telephone system.
(b) Such officer of the Company shall sign a declaration in respect of
all importations free of duty under this clause and paragraph (b) of the
last preceding clause to the effect that no articles thus specially exempted
from the payment of customs duty will be sold or otherwise disposed of
in Sierra Leone unless and until the Comptroller of Customs has been
satisfied that duty has been paid in respect thereof.


No. 7


1937 39









(c) The Company shall be at liberty to re-export any materials
machinery or other articles imported free of duty under the provisions
of this and the last preceding clause free of any duties at any time after
importation and without satisfying import duties in respect of their
original entry into Sierra Leone.

(d) No materials machinery or other articles imported free of duty
under this clause and paragraph (b) of the last preceding clause shall
be sold or otherwise disposed of in Sierra Leone unless import duty
thereon is paid to the satisfaction of the Comptroller of Customs in
accordance with the following terms and conditions :-
(i) On a sale or disposal of any such materials machinery or
other articles import duty shall be assessed and paid thereon as if
thegsame had in its then condition then been imported for the first
time.
(ii) A responsible officer of the Company duly authorised in that
behalf shall certify to the Comptroller of Customs the amount
realized by any such sale and in assessing the duty to be paid on
the materials machinery or other articles sold the value thereof for
ad valorem purposes shall be taken as the amount realized by
such sale.

(iii) Specific duty shall be paid on any such materials machinery
or other articles which are subject thereto unless the same
before being sold or otherwise disposed of are or have been converted
into scrap and passed as such by the Comptroller of Customs in
which case ad valorcnm duty shall be paid on the proceeds of sale.

3. Notwithstanding the provisions aforesaid the Government shall
have the right to restrict any of the aforesaid exemptions solely to plant
or materials of British manufacture or origin provided that such right
shall not be exercised in any case in which the Company can show that
plant or materials of foreign manufacture or origin are more suited for
the purpose in view than plant or materials of British manufacture or
origin and produce a certificate from the Crown Agents for the Colonies
to this effect.

4. No tax or duty shall be payable in Sierra Leone in respect of:-
(a) Any interest payable by the Company outside Sierra Leone
on any loan capital or bankers or other loans raised for the purpose
of the Company.

(b) Any dividends or interest received or receivable by the
Company outside Sierra; Leone.

(c) The profits of the Company or dividends declared in respect
thereof other than the five per centum tax or duty referred to in
Clause 8 (j) of this Agreement except in so far as such profits are
in respect of any trade or business of prospecting for mining produc-
ing or selling diamonds or are earned by any of the Company's
operations in the Marampa Concession.

5. The import duty on dynamite and cognate substances for use by
the Company shall not exceed Two Pence per pound.


40 No. 7


Ponkohili Agreemlent.


1937







Tonkolili Agreement.


1937 41


6. The Company shall be exempted from the payment of harbour
dues of all kinds but not including light dues on vessels expressly used
for the purpose of shipping iron ore from the devised areas at the Com-
pany's loading installation at Pepel Point and for no other purpose
except the embarkation and disembarkation of the Company's own officers
and their personal luggage and the shipment in addition to iron ore and
importation of general cargo not exceeding five tons and not being
minerals other than samples.
7. The Company shall keep properly marked by buoys and beacons
of a type or types approved by the Harbour Master the channel required
in connection with the passage of steamers to and from Pepel Point
within the limits of Freetown Harbour. The Company shall maintain
such buoys and beacons in proper condition in their present positions or
in such other positions as the Harbour-Master may from timeto time
direct. Provided always that the Company may by three months'
previous notice in writing to the Government discontinue its responsibi-
lity .for the maintenance of such buoys and beacons as may be no longer
required for vessels engaged in the Company's business.
All mooring buoys at Pepel Point shall belong to and remain under
the absolute control of the Company.
8. The provisions contained in this Schedule shall cease to be
applicable in the event of the Permanent Lease being determined or
cancelled within the periods aforesaid.


Signed Sealed and Delivered
by SIR WILLIAM FREDERICK GOWERS, K.C.M.G., ( ) OWNERS.
one of the Crown Agents for the W F
Colonies in the presence of
N. RAE,
4, Millbank,
London, S.W. 1.,
Civil Servat.

The Common Seal of the Sierra Leone om
Development Company Limited was hereunto sea.
affixed in the presence of
JAMES CAMPBELL, D
Directors.
J. M. CAMPBELL,
Passed in the Legislative Council this eighth day of June, in the
year of Oar Lord one thousand nine hundred and thirty-seven.
J. L. JOHN,
Clerk of Legislative Council.
THIS PRINTED IMPRESSION has been carefully compared by me with the
Bill which has passed the Legislative Council and found by me to be a
true and correct copy of the said Bill.
J. L. JOHN,
Clerk of Executive Council.


M.P. Conf. S/5/C 30.


No. 7







Tribal Authorities.


COLONY OF SIERRA LEONE.

No. 8 of 1937.


In His Majesty's name I assent
to this Ordinance this twefity-
fifth day of June, 1937.



H. R. R. BLOOD,
Acting Governor.



An Ordinance to Prescribe the Powers and
Duties of Tribal Authorities.


BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as
follows :-

Short title, 1. (1) This Ordinance may be cited as the Tribal Authorities
application Ordinance, 1937; it shall apply to the Protectorate and shall
en comnt. be read and construed as one with the Protectorate Ordinance,
1933 (hereinafter referred to as the Principal Ordinance) or any
Ordinance substituted therefore.

(2) This Ordinance shall come into force on a date to be
fixed by the Governor by Notice in the Gazette.

Interpreta- 2. In this Ordinance, unless the context otherwise requires-
tion.
Tribal Authority" means the Paramount Chief, the
Chiefs, the councillors and men of note elected by
the people according to native law and custom, approved
by the Governor and appointed a Tribal Authority
under this Ordinance for the area concerned.


42 No. 8


1937







Tribal Authorities.


"Native Court" means a Native Court established
under the provisions of the Protectorate Courts Juris-
diction Ordinance, 1932, or any Ordinance substituted
therefore.

Suit has the meaning assigned to this term by section
2 of the Protectorate Courts Jurisdiction Ordinance,
1932."


PART I.

TRIBAL AUTHORITIES.
3. (1) The Governor by notice 'published in the Gazette Establish-
may- ment of
may-- Tribal
(a) constitute the office of tribal authority for any specified Authorities.
area;

(b) appoint to such office so constituted any other chief
or native;

(c) direct that any tribal authority shall be subordinate
to any other tribal authority in any group of chiefdoms.

(2) Where the person or persons for the time being dis- PresumPtons
charging specified functions, or being members of a specified group, discharging
are appointed to be a tribal authority under this section, a person ioens, etc.,are
shall be deemed to be lawfully discharging such functions or to be appointed.
lawfully a member of such group if and so long as he is so recognized
by the Governor or by such person as the Governor may direct.

(3) When constituting the office of a tribal authority or Limitation
at any time thereafter the Governor may direct that such authority o poers of
shall exercise only such of the powers conferred upon tribal Authority.
authorities by this Ordinance as he may specify, and when any
such direction shall have been given, this Ordinance shall be deemed
to confer upon such authority only such powers as the Governor
shall have specified.

(4) The Governor may at any time revoke, suspend or Revocation
vary any constitution, appointment, direction or order made by of orders
him under this Ordinance, and may at any time order that such mend point
person or persons appointed to be a member or members of a tribal
authority shall cease to be such member or members, and there-
upon such person or persons shall cease to be a member or members
of such tribal authority.

(5) Every tribal authority which at the commencement Existing
of this Ordinance was a tribal authority exercising jurisdiction Tr ties
authorities
over a chiefdom, shall be deemed to be a tribal authority appointed to be
under and in accordance with this Ordinance for the area of that deemed
chiefdom, appointed
under this
Ordinance,


No. 8


1937 43







44 No. 8


Duties and 4. It shall be the duty of every tribal authority to perform
Powers of the obligations by this Ordinance imposed and generally to maintain
Tribal
Authorities. order and good government in the area over which its authority
extends, and for the fulfilment of this duty it shall have and
exercise over the.natives residing or being in such area the powers
by this Ordinance conferred in addition to such powers as may
be vested in it by any other Ordinance or by any native law or
custom, and, subject to any directions given by the Governor
under section 3 (3) of this Ordinance, all such natives shall be deemed
to be subject to the jurisdiction of the tribal authority.

Duty of 5. It shall be the duty of every native subject to its jurisdic-
natives to tion when thereto required by a tribal authority or any member
aisthoribal of a tribal authority to assist in carrying out the duties imposed
upon such authority by this or any other Ordinance or by any
native law or custom; and every native so required by a tribal
authority or by one of its members shall be deemed to be empowered
to do all that may be reasonably necessary to give effect to any
lawful order issued by such authority.

Prevention 6. (1) It shall be the duty of any tribal authority to interpose
of crime, for the purpose of preventing, and to the best of its ability to prevent,
the commission of any offence within the area of its authority
by any native.

(2) A tribal authority knowing of a design to commit an
offence within the area of its authority by any native may arrest
or direct the arrest of such native if it appears to such authority
that the commission of the offence cannot be otherwise prevented.
Any native so arrested shall unless released within twenty-four
hours of his arrest be taken forthwith before a District Commissioner
or a Native Court having jurisdiction over him.

(3) Every tribal authority receiving information that any
native who has committed an offence for which he may be arrested
without warrant or for whose arrest a warrant has been issued,
is within the area of its authority, shall cause such person to be
arrested and taken forthwith before a District Commissioner or
a Native Court having jurisdiction over him.

(4) Every tribal authority receiving information that pro-
perty of any description which has been stolen, whether within
or without the area of its authority, is within such area, shall cause
such property to be seized and detained pending an instruction
from the District Commissioner or an order of a Native Court
having jurisdiction in the matter, and shall forthwith report such
seizure and detention to the District Commissioner or such Native
Court.
Duty of Court.
natives to
attend be- 7. (1) It shall be the duty of every native when so directed
fore Govern- by a tribal authority having jurisdiction over him or by any member
inent officers of such tribal authority to attend before such tribal authority or
whenoters before a District Commissioner, or any other Government Officer,
directed by or before a Native Court having jurisdiction over such person.
Tribal
Authority,


Tribal Authorities.


1937









(2) Any such native who, when so directed to attend before
such authority, officer or court, shall without reasonable excuse,
neglect or refuse to attend as and when directed, may be arrested
and taken before such athity, officer or cur
Ca) -ot e > L7. ^(" n/-O
8. Subject to the provis ons of any Ordinance or oth la Power of
for the-time being in force, a tribal authority may (subject to the Tribal
general or specific directions of the tribal authority, if any, to whom iAute ordity
it is subordinate), issue orders, to be obeyed by natives within its
area to whom the orders relate, for all or any of the following
purposes:-

(a) prohibiting, restricting or regulating gambling;

(b) prohibiting, restricting or regulating the carrying of
weapons;

(c) prohibiting any act or conduct which in the opinion
of the tribal authority might cause a riot or disturbance
or a breach of the peace;

(d) preventing the pollution of the water of any stream,
water-course or water hole, and preventing the obstruc-
tion of any stream or water course;

(e) prohibiting, restricting or regulating the cutting or
destruction of trees;

(f) requiring natives within the area to report the presence
within that area of any native who has committed an
offence for which he may be arrested or of any property
stolen or believed to have been stolen whether within
or without such area;

(g) prohibiting, restricting or regulating the burning of
grass or bush, and the use of fire or lights in any manner
likely to ignite any grass or bush or house or other
buildings;

(h) requiring any native to cultivate land in all respects
to such an extent and with such crops as will secure
an adequate supply of food for the support of such
native and of those dependent upon him;

(i) requiring the birth or death of natives within its area
to be reported to it or to such person as it may direct;

(j) preventing the spread of infectious or contagious disease,
whether of human beings or animals, and for the care
of the sick (or feeble minded);

(k) prohibiting, restricting or regulating the movement
in or through the area of its authority of livestock of
any description ;


1937 45


No. 8


Tribal Authorities.







46 No. 8


(1) prohibiting, restricting, regulating or requiring to be
done any matter or thing which the tribal authority,
by virtue of any Ordinance or other law for the time
being in force or native law or custom and not repugnant
to morality or justice has power to prohibit, restrict,
regulate or require to be done; and
(m) for any other purpose, whether similar to those herein-
before enumerated or not, which may, by notice
published in the Gazette, be sanctioned by the Governor,
either generally or for any particular area.

Promulga- 9. Every order issued under section 8 of this Ordinance
tion of other than an order directed to an individual, shall be published
orders to the persons by whom it is to be obeyed by being orally pro-
mulgated and a copy thereof posted in the market place or court
barri of the principal town of the chiefdom; and thereupon the
order shall be binding on the persons by whom it is to be obeyed.
Every order directed to an individual shall be binding upon him
on his being notified thereof by the tribal authority.

Powers of 10. (1) Whenever in the opinion of a Provincial Commissioner
Provincial it is expedient for the good order and government of a chiefdom
sionr in that any order should be issued which the tribal authority is empow-
relation to ered to issue by section 8, the Provincial Commissioner may direct
orders which the tribal authority to issue and enforce any such order, and if the
may be tribal authority shall neglect or refuse to issue the order which
isud by it is so directed to issue, the Provincial Commissioner may himself
Authorities. issue such order and thereupon such order, when made known
in the manner prescribed by section 9, shall have the same force
and effect as if it had been issued by the tribal authority.

(2) When a Provincial Commissioner is of opinion that any
order issued by a tribal authority should not have been issued or
should not be enforced, he may direct the tribal authority to revoke
such order or to refrain from enforcing such order or may himself
revoke such order, and may, with the consent of the Governor,
require the repayment of any fine imposed by a District Commis-
sioner's Court or a Native Court or the release from custody of
any native sentenced to imprisonment by any stch Court for
contravention of such order, whether before or after his direction to
revoke -or to refrain from enforcing such order, or his revocation
of such order, was issued.

Penalty for 11. (1) Any native who without lawful excuse contravenes
breaches of or fails to obey an order issued by a tribal authority under section 8
orders made or by a Provincial Commissioner under section 10, may be brought
sections 8 before the Native Court and shall be liable to a fine not exceeding
and 10. ten pounds or to imprisonment for a period not exceeding three
months with or without hard labour.

(2) Any native accused of a breach of such an order may be
arrested by instruction of the tribal authority.


Tribal Authorities.


1937







Tribal Authorities.


12. No Court shall be precluded from trying an offence under Preservation
this Ordinance merely by reason of the fact that such offence, if of the juris-
committed, was a breach of an order, direction or rule issued or don fu
made by any member of the Court as a member of the tribal concerned
authority. in the issue
of orders.
13. Any chief or tribal authority who or which- Acts and de"
faults of
(a) is ordered by the Provincial Commissioner, either directly chief and
or through a District Commissioner, to do or refrain authority.
from doing any public act or acts, whether the order
be issued under section 10 or not, and who or which
neglects or refuses to obey such order ; or

(b) shall wilfully neglect to give a direction to any person
under section 7; or

(c) shall wilfully neglect to exercise the powers conferred
under section 8; or

(d) shall wilfully neglect to enforce any lawful order issued
by a tribal authority or group of tribal authorities
to which he or it is subordinate; or

(e) shall be guilty of any abuse of authority conferred on
him or it by this Ordinance or by any other law or by
native custom,
shall be guilty of an offence.

(2) Proceedings may be taken against such Chief or all
or any members of such tribal authority, either together or separate-
ly, in respect of any act or default punishable under this section
and upon proof of the commission of an offence by such authority
every member thereof shall individually be liable on summary
conviction to the penalties prescribed, unless he shall satisfy the
Court that he was in no way responsible for or a party to the
commission of the offence.

(3) Provided that no chief or tribal authority shall be
prosecuted under this section without the prior consent of the
Governor.

14. Any person who, not being a person exercising adminis- Person pro-
trative functions with the approval of the Governor, or a tribal fessing to be
authority or a chief, shall profess to exercise administrative functions chief or
or hold himself out to be a chief or assume the powers of a tribal thritb
authority shall be guilty of an offence.

15. Any person who shall conspire against or in any manner conspiracy
attempt to undermine the lawful power and authority of any .'iaginst'ceff
chief or tribal authority shall be guilty of an offence, authority


1937


No. 8







48 No. 8 Tribal Authorities. 1937

Provided that no person shall be prosecuted under this section
without the prior consent of the Governor.

PART II.
POWER OF TRIBAL AUTHORITY TO MAKE BYE-LAWS.

tower to 16. (1) Subject to the provisions of any Ordinance or other
wake bye- law for the time being in force, a tribal authority may, subject
S. to the approval of the Governor, make bye-laws as it may deem
expedient for promoting the peace, good order and welfare of the
people within such towns as may be within its area. Such bye-
laws, inter alia, may deal with-

(a) the setting aside of land in or near a town for develop-
ment of the town and the general benefit of inhabitants
of that town and its villages;

(b) public services provided by the tribal authority in
any capacity, and the imposition of general or other
rates in respect of the same;

(c) fees to be paid in respect of any service, matter or act
for which provision is made in any bye-law;

(d) the construction and position of new buildings, the
repair of existing buildings, the demolition, or altera-
tion, of buildings erected contrary to any bye-law
made under this section, or to any directions given
by any person authorised by any such bye-law to
give directions with regard to erection and position
of new buildings;
(e) street trading;
(f) the establishment, regulation, control, maintenance
and management of markets, slaughterhouses, public
wash-houses and cemeteries;
(g) the prohibition, regulation and restriction of the
purchase or sale of any article of food or drink except
in a market established under this Ordinance or any
place or building exempted from the provisions of
any such bye-law: provided that no such bye-law
shall apply to any goods permitted to be sold by
hawkers.

Subject to any exception specified in such bye-laws, bye-laws
made under this section shall apply to all persons within the area
of the tribal authority making the bye-laws.

(2) All such bye-laws shall be deemed to have been published
by being orally promulagated and a copy thereof posted in the
market place or court barri of the principal town of the Chiefdom,
and shall also be made known by publication in the Gazette.







Tribal Authorities.


1937 49


(3) A copy of the said bye-laws with the fact of such publica-
tion in the manner aforesaid endorsed thereon by the District
Commissioner shall be recorded in the District Decree Book. With-
out prejudice to any other mode of proof, a certificate purporting
to be signed by the District Commissioner shall be conclusive
proof of the provisions of any bye-laws made under this section
and of the due publication of the bye-laws in the manner herein
prescribed.

(4) The Governor may at any time revoke any bye-law Power of
made by a tribal authority under this section and such revocation Governor
to revoke
shall be made known in the manner herein prescribed for the pro- bye-las.
mulgation of such bye-law and shall thereupon have effect.

(5) Any contravention of or neglect or failure to comply
with any of the provisions of any bye-laws made under this section
shall be deemed to be an offence, and any such offence shall be
punishable on summary conviction by a fine not exceeding five
pounds or by imprisonment, with or without hard labour, for
a period not exceeding two months or by both fine and imprison-
ment.
(6) A Tribal Authority may at any time subject to the
approval of the Governor, amend or revoke any bye-laws made
by it. Any such amendment or revocation shall be promulgated
as if it were an original bye-law.

17. .Notwithstanding the provisions of this Part of this Saving of
Ordinance, all bye-laws made and promulgated under section existing bye-
46 of the Principal Ordinance shall remain in full force and effect
unless and until they are amended or revoked and shall be deemed
to have been made under section 16 of this Ordinance.


PART III.

LEGAL PROCEEDINGS.

18. Subject to the provisions of this Ordinance, suits may Suits by and
be instituted by and against any Tribal Authority as such. Trial
Authorities.
19. (1) No suit against any Tribal Authority for any act Limitation
done in pursuance, or execution, or intended execution of of suits
any Ordinance, or of any public duties or authority, or in against
respect of any alleged neglect or default in the execution Authorities.
of any such Ordinance, duty or authority, shall lie or
be instituted unless it is commenced within twelve months
next after the act, neglect or default complained of, or in a case
of a continuance of damage or injury, within twelve months next
after the ceasing thereof ; provided that if the suit be at the instance
of any person for cause arising while such person was a convict
prisoner, it may be commenced within six months after the dis-
charge of that person from prison.


No. A







50 No. 8 Tribal Authorities. 1937

(2) No suit shall be commenced against a Tribal Authority
until three months at least after written notice of intention to
commence the same shall have been served upon the Tribal Autho-
rity by the intending plaintili or his agent. Such notice, shall
state the cause of action, the name and place of abode of the intend-
ing plaintiff and the relief which he claims.
Mode of 20. The notice referred to in the last preceding section,
service of
notice, etc. and any summons, notice or other document required or authorised
on tribal to be served on a Tribal Authority in connection with any suit
authority, by or against such Tribal Authority, shall be served by delivering
the same to, or sending it by registered post addressed to the
Paramount Chief of the area of such Tribal Authority: provided
that the Court may with regard to any particular suit or documents
order service on the Tribal Authority to be effected otherwise,
and in that case service shall be effected in accordance with the
terms of such order.
Represen- 21. In any suit pending before a Court a Tribal Authority
station of may be represented in Court at any stage of the proceedings by
tribal
authority at any member or officer of the Tribal Authority who shall satisfy
hearing of the Court that he is duly authorised in that behalf.
suit. PART IV.

MISCELLANEOUS.

Penalties. 22. Every person guilty of an offence under this Ordinance
for which no other penalty is provided shall be liable on conviction
in the Court of a District Commissioner to a fine not exceeding
ten pounds or to imprisonment with ot without hard labour for
a period not exceeding six months.
Repeal of
sections 3f 23. Sections 38, 46 and 47 of the Principal Ordinance are
the Princi hereby repealed.
pal Ordin-
ance.

Passed in the Legislative Council this eighth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.

J. L. JOHN,
Clerk of Legislative Council.

THIS PRINTED IMPRESSION has been carefully compared by me with
the Bill which has passed the Legislative Council and found by me to be
a true and correct copy of the said Bill.

J. L. JOHN,
Clerk of Legislative Council.
M.P. J/15137.







No. 9 Protectorate Courts Jurisdiction (Amendment).


1937


COLONY OF SIERRA LEONE.

No. 9 of 1937.

In His Majesty's name I assent
Sto this Ordinance this twenty-
fifth day of June, 1937.




H. R. R. BLOOD,
Acting Governor,



An Ordinance to Amend the Protectorate
No. 40 of
Courts Jurisdiction Ordinance, 1932. 1932.




BE IT INACTED by the Governor of Sierra Leone, with the
advice and unse'nt of the Legislative Council thereof, as
follows:-

1. This Ordinance may be cited as the Protectorate Courts Short title
Jurisdiction (Amendment) Ordinance, 1937. It shall come into and corn-
force on a date to be fixed by the Governor by Notice in the Gazette. mencement.

2. Section 3 of the Principal Ordinance is hereby amended Amendment
by the insertion of the words and Native Appeal Courts of section 3
immediately after the word Chiefs." of Principal
Ordinance.

3. Section 9 of the Principal Ordinance is hereby amended Amendment
in the following particulars : section 9
of POrdinance.ipal
(a) by the insertion of the words and such other NativeOrdinance.
Courts as may be established under this Ordinance "
after the word custom in the second line of the
section ;







52 No. 9 Protectorate Courts Jurisdiction (Amendment). 1937

(b) by the addition of the following new paragraph immediate-
ly after paragraph (3) :-
(4) any cause or matter arising out of the provisions
of any Ordinance which the Native Courts may be
authorised to enforce by an Order in Council
under section 9D of this Ordinance; "

(c) by the insertion in the second proviso of the words
or the president and members immediately after
the word Chief."

Addition of 4. The Principal Ordinance is hereby amended by the insertion
new sections therein, immediately after section 9, of the following new sections :-
to Principal
Ordinance. "Provincial 9A. A Provincial Commissioner may from time to
sioner may time appoint a President and Vice President of
appoint
President. a Native Court.
Provincial 9. A Provincial Commissioner may dismiss or suspend
sioner may any member of a Native Court who shall appear
ismisnd o to have abused his power or to be unworthy or
conur incapable of exercising the same justly, or for
iober. other sufficient reason. On such dismissal or
for the period of his suspension the member shall
be disqualified from exercising any powers or
jurisdiction, unless and until he be expressly
reinstated by the Provincial Commissioner.

Sessions 9c. A Native Court shall hold sessions at such times
of Native and places as the Tribal Authority of the Chiefdom
or Chiefdoms consider necessary for the convenient
and speedy despatch of the business of the Court;
Provided that the Provincial Commissioner may
direct sessions to be held at such times and places
as he shall think fit.
Governor in 9D. The Governor in Council may by Order confer
may em- upon all or any Native Courts jurisdiction to enforce
Notivelourt within the local limits of their jurisdiction all or
toenforce any of the provisions of any Ordinance specified
penalties
under any in such Order and to impose penalties on persons
ordinance, subject to the jurisdiction of such Courts who
offend against such provisions, subject to such
restrictions, if any, as may be specified in the Order.

"Appeals 9E. Where in any chiefdom there is existing and
from sub- exercising jurisdiction according to native law and
ordinate
native custom a Native Court over which a section chief
courts or other member of the tribal authority (not being
within a the Paramount Chief) habitually presides, such
chiefdom. Native Court shall be subordinate in its jurisdiction
to the Chiefdom Court; and any native aggrieved
by any order or decision of such subordiante court
who wishes to appeal may appeal to the Chiefdom
Court.








No. 9 Protectorate Courts Jurisdiction (Amendment).


1937


Power to 9F. The Governor may by Order direct that any
suppress subordinate court or courts in a Chiefdom shall
minor
Courts. cease to exercise jurisdiction and such subordinate
court or courts shall thereupon cease to exercise
jurisdiction.
Establish- 9G. The Governor may, at the request of the tribal
ment of authorities of two or more chiefdoms who desire to
Group be served by a joint native court of appeal,
Appeal establish by Order a Group Native Appeal Court
Courts, for these Chiefdoms; whereupon any native of these
Chiefdoms aggrieved by any order or decision of
his Paramount Chief's Court may, if he wishes to
appeal, appeal to the Group Native Appeal Court
so established.
Constitu- 9H. A Group Native Appeal Court shall consist of
tion of the Paramount Chief, or a person deputed by him,
Group
Native and one or more representatives of each Chiefdom
Appeal of the Group ; provided that the Paramount Chief
Courts. and representative of the Chiefdom from which
an appeal lies shall not adjudicate upon that
particular appeal.
President 91. At each session of a Group Native Appeal Court
of Group the Paramount Chief, of those constituting the
Native
Appeal Court, who has held office as Paramount Chief for
Courts the longest period of time, or such one of their
number as the members of the Court shall select,
shall preside.
Jurisdic- 9J. A Group Native Appeal Court shall have the same
tion and jurisdiction and powers as are exercised according
powers. to native law and custom and under this Ordinance
by Native Courts generally; and shall be subject
to the same control by Provincial Commissioners
and District Commissioners; but they may, in
hearing appeals---
(a) after re-hearing the whole case or not, make
any such order or pass any such sentence as
the Chiefdom Court of first instance could have
made or passed in such cause or matter ;
(b) order any such cause or matter to be re-heard
before the Chiefdom Court of first instance
or any other Chiefdom Court; or
(c) refer the cause or matter to the District Com-
missioner.
Sessions of 9K. A Group Native Appeal Court shall hold sessions
Group at such times and places as the tribal authorities
Nappve of the Group consider necessary for the speedy
Court. despatch of the business of the Court provided
that the Provincial Commissioner may direct
sessions to be held at such times and places as he
shall think fit.








No. 9 Protectorate Courts Jurisdiction (Amendment).


"Conipen-
iation to
aggrieved
perso s.,


9L. A Native Court may direct any fine, or such part
thereof as it shall deem fit, to be paid to the person
injured or aggrieved by the act or omission in
respect of which such fine has been imposed, on
condition that such person, if he shall accept the
same, shall not have or maintain any suit for the
recovery of damages for the loss or injury sustained
by him by reason of such act or omission.


Contempt 9M. Any person subject to the jurisdiction of a Native
of Court." Court who shall omit to produce or deliver up a
document on the lawful order of such court, or
who shall refuse to answer any question lawfully
asked by the Court, or to sign any statement
lawfully required by the court, or who intentionally
insults the court or any member thereof, or who
intentionally interrupts the proceedings thereof
at any stage, shall be guilty of a contempt of court
and shall be liable to a fine not exceeding ten
pounds, and in default of payment to imprisonment
for a period not exceeding one month."

Amendment of 5. Section 11 (1) of the Principal Ordinance is hereby amended
section 11 (1) o by the insertion of the words or president of the Chiefdom Court "
rdinance. immediately after the words Paramount Chief" in the third
line of the sub-section.

Amendment 6. Section 11 (4) of the Principal Ordinance is hereby repealed
of section and replaced by the following new sub-section:-
11 (4) of
Principal (4) Any subordinate chief or president of a subordinate
Ordinance. court exercising jurisdiction and failing to notify the
Paramount Chief or the President of the Chiefdom
Court of the infliction of a sentence of imprisonment
exceeding fourteen days, and any Paramount Chief
or President of a Chiefdom Court failing to cause a
prisoner so sentenced to be conveyed without delay
to the District Commissioner, shall be guilty of an
offence and liable on conviction thereof in the District
Court to a fine not exceeding ten pounds."

Amendment of 7. Section 11 (5) of the Principal Ordinance is hereby amended
action l1 (5) by the insertion of the words or Tribal Authority immediately
Ordinance. after the words Paramount Chief."

Insertion of 8. The Principal Ordinance is hereby amended by the insertion
new section therein of the following new section immediately after section 14 :
14A to Prin-
cipal Ordin- "14A. The Governor may by Order direct that any
ance. Native Court or Combined Court shall keep a
minute book in which shall be entered the date
and place of sitting, the names of the Chief or
President and members of the Court present, the


1937







No. 9 Protectorate Courts Jurisdiction (Amendment).


nature of the suit or charge, the amount of fees
or costs, the judgment given or sentence imposed
by the Court in each case with the amount of such
judgment and costs or of any fine and costs; and
the chief or president of the court by whom the
said judgment shall have been given or fine imposed
shall sign or make his mark at the foot of the sheet
in which such judgment shall have been entered,
and the clerk by whom the case shall have been
recorded shall sign his name as clerk next under-
neath the signature or mark of the chief or president
of the court. In such book shall also be entered
any notes of evidence or other matter or thing
which the Court may think fit and necessary to
be entered therein."

9. Section 16 of the Principal Ordinance is hereby amended Amendment
y of section 16
iy the repeal of the last fourteen words and the substitution Principal
iherefor of the following words :- Ordinance.

"being a native refuses to obey a summons to attend he may
be arrested and brought before any Native Court
having jurisdiction over him, and such Court may impose
upon him a fine not exceeding two pounds or in default
imprisonment not exceeding fourteen days. If the
witness be a non-native the summons or warrant to
compel his attendance shall issue out of the District
Court and the District Commissioner is hereby em-
powered, if he considers the case to be a proper one for
such action, to issue such summons accordingly."


10. Section 20 (1) of the Principal Ordinance is hereby Amendment
amended in the following particulars:- of section 20
(I) of Princi-
pal Ordin-
(1) by the addition at the end of paragraph (d) of the ance.
following words:-
and for carrying into effect the provisions of this
Ordinance and


(2) by the insertion immediately after paragraph (d) of the
following new paragraph:-

(e) prescribing the powers of the Native Courts
with regard to the imposition of corporal
punishment and regulating the administra-
tion of the same, and providing for the
detention where necessary of natives
sentenced to corporal punishment pending
the confirmation of the sentence, or pend-
ing appeal."


1937 55






56 No. 9 Protectorate Courts Jurisdiction. (Amefndmcrt,). 1937

Insertion of 11. The Principal Ordinance is hereby amended by the insertion
new section
21Ainprinoipal therein of the following new section immediately after section 21 :-
Ordinance
"Adjudi- 21A. Any person who shall exercise or attempt to
cation exercise judicial powers within the area of the
authoty" jurisdiction of a Native Court, except in accordance
with the provisions of any Ordinance or under
native law ana custom, and members of any
subordinate court continuing to exercise judicial
powers after suppression, shall be liable on convic-
tion before the Court of a District Commissioner
to imprisonment for a period not exceeding six
months or to a fine not exceeding ten pounds."




Passed in the Legislative Council this eighth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.


J. L. JOHN,
Clerk of Legislative Council.




THIS PRINTED IMPRESSION has been carefully compared by me with
the Bill which has passed the Legislative Council and found by me to be
a true and correct copy of the said Bill.


J. L. JOHN,
Clerk of Legislative Council.


M.P. J/15:17.






Chiefdom Tax.


COLONY OF SIERRA LEONE.

No. 10 of 1937.

@ In His Majesty's name I assent
to this Ordinance this twenty-
fifthday of June, 1937.



H. R. R. BLOOD,
Acting Governor.





An Ordinance to Regulate the Levy and
Collection of Chiefdom Tax.




BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as
follows:-
1. (1) This Ordinance may be cited as the Chiefdom Short title,
Tax Ordinance, 1937; it shall apply to the Protectorate and application
shall be read and construed as one with the Protectorate and comn
Ordinance, 1933 (hereinafter referred to as the Principal
Ordinance) or any Ordinance substituted therefore.

(2) This Ordinance shall come into force on a date
to be fixed by the Governor by Notice in the Gazette.

2. (1) In every chiefdom or group of chiefdoms for which Imposition
a treasury has been established under the provisions of theof chiefdom
Chiefdom Treasuries Ordinance, 1937, every chief or head-tax.
man, in respect of every house (other than a house owned or
occupied by a non-native) situate in any town or village in


1937 57


No. 10







58 No. 10


which he has jurisdiction, shall pay to his Tribal Authority
in the manner hereinafter provided, an annual chiefdom tax
at a rate to be fixed by the Provincial Commissioner with the
approval of the Governor.

(2) The rate of chiefdom tax fixed under the
provisions of sub-section (1) of this section shall be orally
promulgated from time to time, and a written notice thereof
signed by the Provincial Commissioner, shall be posted in the
market place or court barri of the principal town in every
chiefdom which is subject to the tax.

(3) When a chiefdom tax has been fixed under the
provisions of sub-section (1) of this section for any chiefdom
or group of chiefdoms, no tax, tribute, customary levy or
labour, except such as is expressly provided for under this or
any other Ordinance, shall be received by any person from any
native residing within the area of such chiefdom or group of
chiefdoms.

(4) Nothing in this section shall be construed to
exempt persons receiving special benefits or services from
paying therefore such fees as may be prescribed by bye-laws
made under the provisions of section 16 of the Tribal Authori-
No. 26 of ties Ordinance, 1937, or by section 4 (1A) of the Public Health
1926, section (Protectorate) Ordinance, 1926.
4 (IA).

Assessment 3. The annual chiefdom tax shall be assessed by and
and payment paid to a chief or headman in the same manner as house tax
of chiefdom is assessed and paid under the provisions of Part IV of the
tax. Principal Ordinance.


Payment of 4. The chiefdom tax in respect of each year shall become
chiefdom due on the first day of January of that year, and shall be paid
tax, on or after that date on such day and at such place as shall
be fixed by the Tribal Authority, with the approval of the
District Commissioner.

Tribal 5. The Tribal Authority shall appoint persons to receive
Authority to from the chiefs or headmen of the chiefdom or group of chief-
arrange for doms, all chiefdoin tax collected by them, and such tax shall
collection, forthwith be paid into the treasury of the chiefdom or group
of chiefdoms.

Receipts. 6. The Tribal Authority shall appoint a fit and proper
person who shall be authorized to sign and issue, on behalf of
the Tribal Authority, a receipt to every chief or headman for
the amount of chiefdom tax paid by him.

How tax is 7. Chiefdom tax shall be paid in coin or currency notes,
to be paid. unless the Provincial Commissioner shall otherwise direct.


Chiefdom Tax..


1937










8. Every chief or headman shall be the collector of Defaults of
cniefdom tax within the area over which he has jurisdiction chiefs or
and any chief or headman who-
(a) wilfully neglects or refuses to collect the same; or
(b) demands from any person an amount in excess of
the rate fixed under the provisions of section 2 (1)
of this Ordinance; or
(c) wilfully neglects or refuses'to pay to the persons
appointed by the Tribal Authority under the
provisions of section 5 of this Ordinance the whole
or any portion of the amount of tax collected by
him; or
(d) renders false returns orally or in writing of the
amount of tax collected by him; or
(e) fraudulently appropriate. s to his own use, embezzles
or otherwise uses the whole or any portion of the
amount collected,
shall be guilty of an offence.
9. Any person appointed by a Tribal Authority under Default of
the provisions of section 5 of this Ordinance to receive chief- persons
dom tax from chiefs and headmen, who wilfully neglects or pointed
to receive
refuses to pay all tax received by him into the treasury of the tx.
chiefdom or group of chiefdoms, or who wilfully neglects or
refuses to give, when so required by a District Commissioner,
a just and true account of all tax received by him under the
provisions of this Ordinance, shall be guilty of an offence.

10. Any chief or headman who fails, without reasonable Penalty for
cause, to attend on the day and at the place fixed for the pay- chiefs or
ment of chiefdom tax under the provisions of section 4 of this headmen
failing to
Ordinance, shall be guilty of an offence and liable to a fine ttendto
not exceeding ten pounds. pay tax.

11. Any person who fraudulently evades or wilfully Fraudulent
refuses payment of the chiefdom tax payable by him under the evasion of
provisions of this Ordinance, shall be guilty of an offence and tax.
liable on conviction to a fine not exceeding treble the amount
of the tax unpaid, or in default of payment, to imprisonment,
with or without hard labour, for a period not exceeding one
month.

12. Any person who directly or indirectly permits, Inciting
encourages, aids, abets, incites, deters or prevents any person, against pay-
from paying or collecting chiefdom tax, shall be guilty of an meant of
chiefdom
offence, tax.

13. (1) Any unauthorised person who shall collect or Wrongful
attempt to collect any chiefdom tax payable under the pro- collection
visions of this Ordinance, shall be guilty of an offence. of chiefdom
tax.
(2) Any person who collects any chiefdom tax other
than that prescribed by the provisions of this Ordinance, shall
be guilty of an offence.


Chiefdom Tam..


1937


No. 10








60 No. 10


Exemption 14. The Governor may by Order exempt any class of
from chief- person, or any person from the payment of chiefdom tax
om tax. either generally or in respect of any particular year.

Penalties 15. (1) The principal Native Court of a chiefdom shall
andmode have jurisdiction to hear and determine all complaints of
breaches of the provisions of sections 10 and 11 of this
Ordinance.
(2) Any person who commits an offence against
sections 8, 9, 12 or 13 of this Ordinance, shall be liable-
(a) on summary conviction to a fine not exceeding ten
pounds, or to imprisonment, with or without hard
labour, for a period not exceeding six months;
(b) on conviction before the Circuit Court to a fine not
exceeding one hundred pounds, or to imprisonment,
with or without hard labour, for a period not
exceeding two years.

Power of 16. The Governor in Council may make such rules for
Governor in the assessment and collection of chiefdom tax or for the
Council to further or better carrying into effect any of the purposes of
ake rulesthis Ordinance as he may deem expedient.


Passed in the Legislative Council this eighth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.


J. L. JOHN,
Clerk of Legislative Council.


THIS PRINTED IMPRESSION has been carefully compared by me with the
Bill which has passed the Legislative Council and found by me to be a
true and correct copy of the said Bill.


J. L. JOHN,
Clerk of Legislative Council.
M.P. Jl16157.


Ch~iefdom Tax.~c


1937







Chiefdorm Treasuries.


'1



COLONY OF SIERRA LEONE.

No. 11 of 1937.

*
SIn His Majesty's name I assent
to this Ordinance this twenty-
fifth day of June, 1937.



H. R. R. BLOOD,
Acting Governor.



An Ordinance to provide for the Establishment
Constitution and Management of Chiefdom
Treasuries and Treasuries for Groups of
Chiefdoms, and for Purposes
connected therewith.



BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as
follows:-
1. (1) This Ordinance may be cited as the Chiefdom Short title,
Treasuries Ordinance, 1937. It shall apply to the Protec- application,
torate and shall be read and construed as one with theconstruction
Protectorate Ordinance, 1933, or any Ordinance substituted mencement
therefore.
(2) This Ordinance shall come into force on a date
to be fixed by the Governor by Notice in the Gazette.
2. All chiefdom estimates and group chiefdom estimates Submission
of revenue and expenditure shall be submitted to the Govenor of estimates
aiQunil. for approval, for approval.

QLe.^ 4 /9 7

&L. /


1931 61


No. 11







Chiefdom Treasuries.


Power of 3. (1) It shall be lawful for the Governor in Council to
Governor i make rules for all or any of the following purposes:-
Council to
make rules. (a) the establishment and constitution of chiefdom
treasuries for the reception of chiefdom revenues;
(b) the establishment and constitution of group
treasuries for the reception of revenue from groups
of chiefdoms;
(c) the keeping of accounts of chiefdom and group
chiefdom revenues and expenditure and of
accounts relating to chiefdom and group chiefdom
treasuries;
(d) the making and keeping of inventories and records
of chiefdom and group chiefdom property;
(e) the form and manner in which the accounts and
estimates of revenue and expenditure of chiefdoms
and groups of chiefdoms shall be kept and prepared;
(f) the submission of copies of accounts and estimates
to a District Commissioner or any other public
officer;
(g) the inspection, audit and publication of accounts;
(h) specifying what revenues are to be paid into chief-
dom and group chiefdom treasuries;
(i) generally for carrying into effect the provisions of
this Ordinance.
(2) Except in so far as they shall otherwise provide
all rules made under this section may be applied to any
chiefdom or group of chiefdoms.



Passed in the Legislative Council this eighth day of June, in the year
of Our Lord one thousand nine hundred and thirty-seven.

J. L. JOHN,
Clerk of Legislative Council.


THIS PRINTED IMPRESSION has been carefully compared by me with the
Bill which has passed the Legislative Council and found by me to be a
true and correct copy of the said Bill.


J. L. JOHN,
Clerk of Legislative Council.


M.I'. J/1/15137.


62 No. 11


1937







' Protectorate (Amendment).


COLONY OF SIERRA LEONE.

No. 12 of 1937.

In His Majesty's name I assent
to this Ordinance this twenty-
fifth day of June, 1937.



H. R. R. BLOOD,
Acting Governor.






No. 32 of
An Ordinance to Amend the Protectorate 1933.
Ordinance, 1933.

[30th June, 1937.] Date of com-
mencement.

BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as
follows:-
1. This Ordinance may be cited as the Protectorate Short title.
(Amendment) Ordinance, 1937.

2. Section 2 of the Principal Ordinance is hereby Amendment
amended by the deletion of the definition of the word House of section 2
therein contained and the substitution therefore of the following o rincial
definitions :-
House means any building used as a dwelling by
one family, provided that any building used as a
dwelling by more than one family shall be deemed to
constitute as many houses as there are families so
using the same;


1937 63


No. 12







Protectorate (Amendment).


"Family means the head of a house and such relatives
not being males of marriageable age as by native
custom are entitled to live in the same dwelling.
In case of dispute as to what relatives are so entitled
the decision of thK Para'moiiun Chief shall be liable
to revision only by ia Provincial Commissioner,
District Commissioiii or Assistant District Commis-
sioner."

Amendment 3. Section 12 of the Principal Ordinance is hereby
of section 12 renumbered section 12 (1) and amended by the addition thereto
of Principal of the following additional sub-sections :-
Ordinince. "(2) The Assessment of houses shall be effected by a
Chief or Headman under the direction of the
Paramount Chief and shall be liable to revision
only by a Provincial Commissioner, District
Commissioner or Assistant District Commissioner.
(3) In case of dispute as to whether more than one
family is living, or as to how many families are
living, in the same building the decision of the
Paramount Chief shall be liable to revision only by
a Provincial Co'mmissioner, District Commissioner
or Assistant Distril (Commissioner."


Passed in the Legislative Council this eighth day of .une, in the year
of Our Lord one thousand nine hundred and thirty-seven.

J. L. JOHN,
(lerk of Legislati:v Council.


THIS PRINTED IMIPRESSION hisM bccii carefully compared by ie with the
Bill which has pai:sid the Legislativt, Coum'nil and o'unmd by mie to be a true
and correct copy of tihc said Bill.

.1. L. JOIIS,
Clerk of Legislative Council


M.'. J115/37.


64 No. 12


1937






No. 13 Public Health (Protectorate) (Amrcndment).


1937 65


PL






COLONY OF SIERRA LEONE.

No. 13 of 1937.

In His Majesty's name I assent
to this Ordinance this twenty-
fifth day of June, 1937.



H. R. R. BLOOD,
Acting Governor.






An Ordinance to Amend the Public Health No. 26 of
(Protectorate) Ordinance, 1926. 1920.

[30th June, 1987.] Date ofcom-
mencement.

BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Lcgislative Council thereof, as
follows :-
1. This Ordinance may be cited as the Public Health Short title.
(Protectorate) (Amendment) Ordinance, 1937.

2. Section 6 of the Principal Ordinance is hereby Amendment
amended by the insertion therein, immediately after sub-section of section 6
(a) (1), of the following new sub-section :-f tiipal
"(IA) The repair of( existing buildings, the denilition o Ordinance.
alteraion of ding -erected co o ra to ouy rn
made under tl se l, or t. ireioi n
by any person auth jd t anylsil re' s t gly
directions, wil I reAeC"to an
of new build s."

Cut) ^,^^' w&/if^12







66 No. 13 Public Health (Protectorate) (Amendment).


Passed in the Legislative Council this tenth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.


J. L. JOHN,
Clerk of Legislative Council.


THIS PRINTED IMPRESSION ha1s been carefully compared by me with the
Bill which has passed the Legislative Council and found by me to be a
true and correct copy of the said Bill.


J. L. JOHN,
Clerk of Legislative Council.


M.I'. Mi89/36.


1937








No. 14 (1936) Supplementary Appropriation.


1937 67


COLONY OF SIERRA LEONE.

No. 14 of 1937.


SIn His Majesty's name I assent
to this Ordinance this twenty-
fifth day of June, 1937.




H. R. R. BLOOD,
Acting Governor.





An Ordinance to Legalise certain Payments made
in the Year 1936 for the Public Service of the
Colony and Protectorate of Sierra Leone in excess
of the Appropriations authorized by Law.

[30th June, 1937.] Dateofco-
mencement.

WHEREAS certain expenditure has been incurred for the
Public Service of the Colony and Protectorate in the year
1936 in excess of the appropriations authorized for that purpose :

AND WHEREAS it is expedient that such expenditure
should be sanctioned by law:

BE IT THEREFORE ENACTED by the Governor of Sierra Leone,
with the advice and consent of the Legislative Council
thereof, as follows:-

1. This Ordinance may be cited as the (1936) Supple- Short title.
mentary Appropriation Ordinance, 1937.







68 No. 14 (1936) Sup'plementulary Appropriation. 1937

Sanction for 2. The sums of money set forth in the Schedule having
xpnditure been expended for the services therein respectively mentioned
excess of ap- beyond the amount sanctioned and appropriated by the (1936)
propriations Appropriation Ordinance, 1935, the same are hereby declared
authorized to have been duly and necessarily paid, laid out and expended
b No. 14 for the Public Service of the Colony and Protectorate in the
o 1935. year 1936, and are hereby approved, allowed and granted in
addition to the amount mentioned in the Ordinance aforesaid.

SCHEDULE.


Head of Service.



Customs ......
Medical .
Miscellaneous Services ...
Subventions
Motor-bus Service ... ..
Pensions and Gratuities ...
Port and Marine ... ...
Printing and Stationery ...
Public Debt Charges ...
Public Works Anmnually Recurrent
R.W.A.F.F. (Care and Maintenance)
Survey and Lands
Colonial Development Fund
Reserve Funds
Investments ...

Grand Total ...


Supplenmentary
Appropriation
A nthori zud.

S s. cd.
236 7 1
724 19 0
... 2,26 7 6
... 23 17 2
273 5 1
.. 13,957 5 7
71 1 9
S... 0O 1 3
S 240 13 4
-- 328 1 3
40 19 5
S 226 8 4
72,2(;9 10 2
187,020 6 9
.. 453 2 10
.- .279,222 6 6


Passed in the Legislative Council this tenth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.

J. L. JOHN,
Clerk of Legislative Council.

THIS PRINTED IMPRESSION has been carefully compared by me with
the Bill which has passed the Legislative Council and found by lne to be
a true and correct copy of the said Bill.

J. L. JOHN,
Clerk of Legislative Council.


M.P. Bi38137.







Customs (Amendment).


1937 69


()COOINY OF SlERllA LEONE.

No. 15 of 1937.


InI His Majesty's name I assent
IS* to this Ordinance this twenty-
fifth lday of June, 1937.


II. R. R. BLOOD,
Acting Governor.







An Ordinance to Amend the Customs Ordinance, Cap. 49.
1924.

Date of com-
[30th June, 1937.] menccnment.


RE IT ENACTED by the Governor of Sierra Leone, .with the
advice and consent of the Legislative Council thereof, as
follows :-
1. This Ordinance may be cited as the Customs Short title.
(Amnendment) Ordinance, 1937.

2, Section 12 (2) of the Principal Ordinance is hereby Amendment
amended- (2) of the
(() by the insertion of the words or the exportation of Ordinace.
goods from" immediately after the word "into"
in the fourth line thereof
(b) by the insertion of the words "or exporting or
taking ont of" iimmleiately after the word "into"
in the eighth line thereof;


No. 15







70 No. 15 Customs (Amemendent). 1937

(c) by the insertion of the words "or to" immediately
after the word "from in the ninth line thereof ;
(d) by the insertion of the words or leave" immediately
after the word enter in the tenth line thereof.

Amendment 3. Section 12 (3) of the Principal Ordinance is hereby
of section 12 amended by the insertion of the words or exported"
(3) of the
Principal immediately after the word imported."
Ordinance


Passed in the Legislative Council this tenth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.


J. L. JOHN,
Clerk of Legislative Council.


THIS PRINTED IMP'RESSION has been carefully compared by me with the
Bill which has passed the Legislative Council and found by me to be a
true and correct copy of the said Bill.
J. L. JOHN,
Clerk of Legislative Council.


M.P C/2335.







No. 16 African Labourers (Employment at Sea)
(A amendment .


1937 71


COLONY OF SIERRA LEONE.

No. 16 of 1937.

In His Majesty's name I assent
to this Ordinaice this twenty-
fifth (lay of June, 1937.




H. R. R. BLOOD,
Acting Governor.


An Ordinance to Amend
(Employment at Sea)


the African Labourers No.23 of
Ordinance, 1936. 193.
Ordinance, 1936.


[30th June, 1937.] Dte of comi-

BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Legislative Conncil thereof, as
follows :-
1. This Ordinance may be cited as the African Labourers Short title.
(Employment at Sea) (Amendment) Ordinance, 1937.

2. Section 8 of the Principal Ordinance is hereby repealed. Repeal of
section 8 of
the Principal
Ordinance.


Passed in the Legislative Council this tenth day of June, in the
year of Our Lord one thousand nine hundred and thirty-seven.

J. L. JOHN,
Clerk of Legislative Council.







72 No. 16 African Laburers (TEminloyment at ,Sa) 1937
( A en dmien 1.)

THIS PRINTED IMPRESSION has been carefully compared by me with the
Bill which has passed the Legislative Council and found by me to be a truil
and correct copy of the said Bill.


J. L. JOHN,
Clerk of Legislative Council.

M.P. HI0/36.







No. 17 We.Ct African Coconut and Trading Company, 1937 73
Limited.









COLO)NY OF' IER' ll,\ IEON,.

No. 17 of 937.

@ Inl His Majesty's name I assent
to this Ordinaince this twenty-
fifth day of June, 1937.


H. R. R. BLOOD,
Acting (iGoriror.




An Ordinance for conferring on a certain Company
named West African Coconut and Trading
Company Limited of Oslo in Norway the
Capacity to hold Real Property in the Colony.

[3011/ June, 1937.] Dateofcom-
Illerlnee enl..
BIE IT ENACTED by tlie Gove'liir or S'icrra Li.llne, wilh the
advice ami consent of thi Legislative Coiincil theriof, as
follows :-
1. This Ordinance may be cited as the West African Short title.
Coconut and Trading Company Limited Ordinance, 1937.
2. For the purposes of this Ordinance, and of acquiring iiiorporation
holding and disposing by West African Coconut and OAfri, lOii.o-
Trading Company Limited of Oslo in Norway (in this n Ut 'n
Trading
Ordinance called the Company ") of real property, as is (Co piny
herein provided in the Colony, the company, whether the pulo',eot
same be by the laws of Norway, a body corporate or not, is lhoId'gi realty.
hereby declared to be a body corporate, by the name of
West Afi'ican Coconut and Trading Company Limited and by
that name shall have power in respect of the said real property
to sue, and be sued, in all Courts of Justice in the Colony,
and shall have a common seal.








74 No. 17 West African Coconut and Trading Company, 1937
Li ited.

Vesting of 3. All those pieces or parcels of land, commonly known
landsin the as Christianville Estate, described in the first Schedule but
company. excluding those pieces or parcels of land described in the
second Schedule together with ill easements, rights, advan-
tages, and appurtenances whatsoever to the said lands
appertaining or with the same or any part thereof, now or
heretofore held, used or enjoyed, or reputed as part thereof,
or appurten:,nt thereto are hereby vested in the company for
an estate of inheritance in fee simple.

Capacity to 4. The real property vested in the company by this
hold real Ordinance may be held ;.dl disposed of Iby the company; and
property. the title to such real property 1ay he derived through, from,
or in succession to, the comnpa iny, a nl be capable of being
transmitted to the successors or assigns of the company,
whether such successors or assigns are, or are not, aliens:
Provided that:-
(1) In case any such real property, or any title thereto,
shall be transmitted to any person who would have been
incapable otherwise than under the provisions of this
Ordinance, of acquiring, holding or oujoying such property,
or title thereto, it shall be ltwful for the Governor, by a notice
published in the Gazette, to require the person, by whom such
real property, or any title thereto, has been derived through,
from or in succession lo the company, to sell, or otherwise
dispose of absolutely, the said real property or the title thereto,
to some person capable, independently of the provisions of this
Ordinance, of acquiring holding and enjoying the same : and
from and after the expiration of one year from the publication
of such notice, the person first above-named shall cease to
hdod, or be entitled to hold, the said real property or title
thereto, and the same, if not previously sold or disposed of
by such person to a person capable, independently of the
provisions of this Ordinance, of acquiring, holding and enjoy-
ing the same, shall be sold by public auction by the direction of
the Governor, and the proceeds thereof, after payment of the
expenses of such sale shall be paid to the aforesaid person,
whose property or title shall so cease.
(2) The capacity to hold and dispose of real property
conferred by this Ordinance on the company, shall not
qualify the company or any member or shareholder thereof,
or any other alien deriving title through from or in succession
to the company, or any member or shareholder thereof, for any
office, or for any municipal or other franchise, nor shall it
entitle the company or any such member or shareholder, or
any such alien, to any right or privilege as a British subject,
except such rights or privileges in respect of real property
as are hereby expressly given to the company.

Vesting of 5. For the lIpurpos of conveying or otherwise disposing
property in of, to the purchasers of such real property as may, by virtue
the of this Ordinance, be directed to be sold by the Governor, any
Governor title which any owner of the said real property may have or,
for sale.







No. 17 11'est African Coronut and Trading Company, 1937 75
Limited.

but for the defeasance or determination which may be effected
by this Ordi'aniii'r of such liile, might have had therein, such
real property and swhi title thereto shall be deemed to be
vested in the Governor.
6. Except a; is expressly enacted by this Ordinance, Saving of
nothing herein contained shalll affect, or be deemed to affect, the rights of
in any manner or way, the rights of His Majesty the King, his the Crown
heirs, or successors or of any other person.
THE FIRST SCHEDULE.
1. ALL THAT I'IECE OR PARCEL OF ,AND situate and being
between the villages of Devil Hole and Waterloo and bounded
on the eastern side thereof by the Bunce Creek at Low Water
Mark on the western side thereof by a line commencing .and
running from the middle of a certain mountain stream of
water known by the name of Jones Square Water on the north
to the middle of another mountain stream of water known by
the name of Lords Bridge Water on the south and along at
a distance of six feet from and parallel with the centre line
of the eastern side ditch of the main road leading from
Freetown to Waterloo aforesaid on the northern side thereof
by a line corresponding with the middle course of Jones Square
Water aforesaid and of the creek called Susu Town Creek
through which Jones Square Water aforesaid finds an outlet
into Bunce Creek aforesaid and on the southern side thereof
by a line corresponding with the middle course of Lords
Bridge Water aforesaid and of the creek through which the
last mentioned water finds an outlet into Bunce Creek afore-
said : and
2. AL, THAT PIECE O)I PARCEL O1' LAND adjoining the Rand
and premises first hereinbefore described and situate and
being between the villages of Devil Hole and Waterloo in the
Colony aforesaid and boun ded as follows that is to say on the
eastern side thereof by a !line which commencing at a point
distant three huniwlred and thirty feet north from the middle
of a certain mountain stream of water known by the name of
Jones Square Water such middle being taken at the bridge
over the said water on the iL wt th main road hereinafter mentioned
runs from the said point of commencement southward to the
distance of one huimlred feet from and south of the middle of
another stream of water known by the name of Lords Bridge
Water on the souilh and along at a distance of six feet from
and parallel with thlie centre line of the western side ditch of
the miai road leading from Freetown to Waterloo aforesaid
on the western side thereof by a line following and parallel
with the highest elevation of the mountains running west and
south-west of the said main road but being on the descent
on the western side of the said mountains and one hundred
and thirty-two feet distant from the said highest elevation
of the said mountains on the northern side thereof by a
straight line commencing at the northern end of the said
eastern side and forming with the said eastern side an angle
of ninety-live degrees and running westwards till it meets the
northern end of the said western side and on the southern side







76 No, 17 West African Coconut and Trading Company, 1937
Limited.

thereof by a straight line commencing at the southern end of
the said eastern side that is to say at a distance of one hundred
feet from the said middle of the Lords Bridge Water aforesaid
and running thence due south-west till the said southern
boundary Uline meets the southern end of the aforesaid western
boundary of the said land hereinbefore described and also all
that other piece or parcel of land situate and lying between
the said villages of Devil Hole and Waterloo and bounded on
the eastern side thereof by the land described in the first part
of this Schedule on the l western side thereof by a line which
conmlencing from the middle of the said Jones Square Water
such middle being taken at the said bridge over the last
mentioned water runs three hundred and thirty feet north-
wards and along art i distance of six feet from and parallel
with the centre line of the eastern side ditch of the aforesaid
Main Road on the mnothern side thereof by a straight line
drawn so as to Imet the northern end of the said western side
of the hist mention:l land and the point at which the said
SJones Square Water enters the creek commonly called Susu
Creek and on tle southern side thereof by the middle course
of the said Jones Squialc Water.
THE SECOND SCHEDULE.
A. ALL THAT STRIP' PIECE OR PARCEL OF LAND lying on
either side of the Sierra Leone Government Railway and
bounded by lines parallel to and 33 feet distant from the
centre line of the said railway along the length of its course
between the northern :ani southern boundaries of the lands
described in the first Schedule.
B. ALL THAT TRI.'NGCLAR PIECE OR PARCEL OF LAND measur-
ing 11 acres acquired by the Sierra Leone Government under
the provisions of the Public Lands Ordinance, 1924 and
bounded as follows :-Commencing from a point which is
Sierra Leone Survey Beacon No. CCS 1202 and whose
accepted Colony co-ordilnaes are 609719-30 feet North and
106795-49 feet East thence on a Colony bearing of 347" 07'
26" for a distance of 271-0 feet to CCS No. 3116 thence on a
Colony bearing of 348' 10' 02" for a distance of 643-6 feet
to CCS No. 3129 thence on a Colony bearing of 91 25' 05"
to a point distant 1070-0 feet thence on a Colony bearing
of 2250 19' 59" for a distance of 1233-4 feet back to CCS
No. 1202.
Passed in the Legislative Council this tenth day of June, in the year
of Our Lord one thousand nine hundred and thirty-seven.
J. L. JOHN,
Clerk of Legislative Council.

Tins IPRINTED IuPRESSION h'as been carefully compared by me with
the Bill which has passed the Legislative Council and found by me to be
a true and correct copy of the said Bill.
J. L. JOHN,
Clerk of Legislative Council.
M.P. Courl.S/123:3-2.







No. 18


Companies.


1937 77


COLONY OF SIERRA LEONE.

No. 18 of 1937.



I In His Majesty's name I assent

to this Ordinance this twenty-

eighth day of June, 1937.



H. R. R. BLOOD,
Acting Governor.



An Ordinance to Regulate Trading Companies
and other Associations.


BE IT ENACTED by the Governor of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as
follows :-
PART I.
PRELIMINARY.
1. (1) This Ordinance may be cited as the Companies Short title,
Ordinance, 1937. and shall apply to the Colony and application
Protectorate. and date of
commence-
ment.
(2) This Ordinance shall come into force on such date
as the Governor may fix by a notice published in the Gazette.

2. (1) In this Ordinance, unless the context otherwise Interpre-
requires, the following expressions have the meanings hereby station.
assigned to them ( that is to say) :-
"annual return means the return required to be
made, in the case of a company having a share







78 No. 18


capital, under section 106, and, in the case of a
company not having a share capital, under
section 107;
" articles means the articles of association of a
company, as originally framed or as altered by
special resolution, including, so far as they apply
to the company, the rules contained in Table
A in the First Schedule;
" book and paper and book or paper include
accounts, deeds, writings and documents;

" company means a company formed and registered
under this Ordinance or an existing company;
"existing company means a 'company formed and
registered under the Companies Ordinance, 1924;
" the court used in relation to a company means the
court having jurisdiction to wind up the company;

" debenture includes debenture stock, bonds and any
other securities of a company whether constituting
a charge on the assets of the company or not;

" director includes any person occupying the position
of director by whatever name called;
"document" includes summons, notice, order, and
other legal process, and registers;

" insurance company means a company which carries
on the business of insurance either solely or in
common with any other business or businesses;
' manager includes any person occupying the posi-
tion of a manager by whatever name called and
whether under a contract of service or not;
" memorandum means the memorandum of associa
tion of a company, as originally framed or as
altered in pursuance of any enactment;

" officer includes any director, manager or secretary
but save in sections 256, 260 and 261 does not
include an auditor;
"prescribed means, as respects the provisions of
this Ordinance relating to the winding-up of
companies, prescribed by the rules and, as respects
the other provisions of this Ordinance, prescribed
by the Governor in Council, Chief Justice,
Attorney-General or Registrar as the case may be;
Prospectus means any prospectus, notice, circular,
advertisement or other invitation, offering to the
public for subscription or purchase any shares or
debentures of a company;


Companies.


1937









the registrar means the registrar or any assistant
registrar performing under this Ordinance the
duty of registration of companies;
"rules means rules made under section 278 and
includes forms;
share" means share in the share capital of a
company, and includes stock except where a
distinction between stock and shares is expressed
or implied;
Table A means Table A in the First Schedule.

(2) A person shall not be deemed to be within the mean-
ing of any provision in this Ordinance a person in accordance
with whose directions or instructions the directors of a
company are accustomed to act, by reason only that the
directors of the company act on advice given by him in a
professional capacity.


PART II.

INCORPORATION OF COMPANIES AND MATTERS
INCIDENTAL THERETO.

Memorandum of Association.
3. (1) Any seven or more persons, or, where the corn- Mode of
pany to be formed will be a private company, any two or more forming
persons, associated for any lawful purpose may, by sub- incorporated
scribing their names to a memorandum of association and company.
otherwise complying with the requirements of this Ordinance
in respect of registration, form an incorporated company,
with or without limited liability.

(2) Such a company may be either-
(a) a company having the liability of its members
limited by the memorandum to the amount, if
any, unpaid on the shares respectively held by
them (in this Ordinance termed a company
limited by shares "); or
(b) a company having the liability of its members
limited by the memorandum to such amount
as the members may respectively thereby
undertake to contribute to the assets of the
company in the event of its being wound up
(in this Ordinance termed a company
limited by guarantee "); or
(c) a company not having any limit on the
liability of its members (in this Ordinance
termed an unlimited company "),


No. 18


Companies.


1937







u No. 18 Companies. 1937

Require- 4. (1) The memorandum of every company must state--
ment with
menorn-o (a) the name of the company, with Limited as
dum. the last word of the name in the case of a
company limited by shares or by guarantee;

(b) the place in which the registered office of the
company is to be situate;
(c) the objects of the company.

(2) The memorandum of a company limited by shares
or by guarantee must also state that the liability of its
members is limited.

(3) The memorandum of a company limited by
guarantee must also state that each member undertakes to
contribute to the assets of the company in the event of its
being wound up while he is a member, or within one year
after he ceases to be a member, for payment of the debts and
'liabilities of the company contracted before he ceases to be
a member, and of the costs, charges, and expenses of wind-
ing up, and for adjustment of the rights of the
contributories among themselves, such amount as may be
required, not exceeding a specified amount.

(4) In the case of a company having a share capital-
(a) the memorandum must also, unless the
company is an unlimited company, state the
amount of share capital with which the
company proposes to be registered and the
division thereof into shares of a fixed amount;
(b) no subscriber of the memorandum may take
less than one share;

(c) each subscriber must write opposite to his
name the number of shares he takes.
Signature of 5. The memorandum must bear the same stamp as if it
memoran- were a deed and must be signed by each subscriber in the
dum. presence of at least one witness who must attest the signature.

Restriction 6. A company may not alter the conditions contained
on ateraton In its memorandum except in the cases, in the mode and to
dum. the extent for which express provision is made in this
Ordinance.
Cases and 7. (1) Subject to the provisions of this section, a company
mode in may, by special resolution, alter the provisions of its
extent an memorandum with respect to the objects of the company, so
which far as may be required to enable it-
objects of
company (a) to carry on its business more economically or
may be more efficiently; or
altered,


n_










(b) to attain its main purpose by new or improved
means; or
(c) to enlarge or change the local area of its
operations; or
(d) to carry on some business which under existing
circumstances may conveniently or advan-
tageously be combined with the business of the
company; or
(e) to restrict or abandon any of the objects
specified in the memorandum; or
(f) to sell or dispose of the whole or any part of
the undertaking of the company.; or
(g) to amalgamate with any other company or
body of persons.

(2) The alteration shall not take effect until, and
except in so far as, it is confirmed on petition by the court.
(3) Before confirming the alteration the court must
be satisfied-
(a) that sufficient notice has been given to every
holder of debentures of the company, and to
any persons or class of persons whose interests
will, in the opinion of the court, be affected
by the alteration; and
(b) that, with respect to every creditor who in the
opinion of the court is entitled to object and
who signifies his objection in manner directed
by the court, either his consent to the
alteration has been obtained or his debt or
claim has been discharged or has determined,
or has been secured to the satisfaction of
the court:

Provided that the court may, in the case of any person or
class, for special reasons, dispense with the notice required
by this section.

(4) The court may make an order confirming the
alteration either wholly or in part, and on such terms and
conditions as it thinks fit.

(5) The court shall, in exercising its discretion under
this section, have regard to the rights and interests of the
members of the company or of any class of them, as well as
to the rights and interests of the creditors, and may, if it
thinks fit, adjourn the proceedings in order that an arrange
ment may be made to the satisfaction of the court for the
purchase of the interests of dissentient members, and may
give such directions and make such orders as it may think
expedient for facilitating or carrying into effect any such
arrangement;


1937 81


Companies.


No. 18









Provided that no part of the capital of the company
shall be expended in any such purchase.

(6) A copy of the order certified by a master of the
court confirming the alteration, together with a printed
copy of the memorandum as altered, shall, within fifteen
days from the date of the order, be delivered by
the company to the registrar, and he shall register
the copy so delivered and shall certify the registration
under his hand, and the certificate shall be conclusive
evidence that all the requirements of this Ordinance with
respect to the alteration and the confirmation thereof have
been complied with, and thenceforth the memorandum as
so altered shall be the memorandum of the company.
The court may by order at any time extend the time
for the delivery of documents to the registrar under this
section for such period as the court may think proper.

(7) If a company makes default in delivering to the
registrar any document required by this section to be
delivered to him, the company shall be liable to a fine not
exceeding ten pounds for every day during which the default
continues.
Articles of Association.

Articles 8. There may in the case of a company limited by shares,
prescribing and there shall in the case of a company limited by guarantee
rules for or unlimited, be registered with the memorandum articles of
companies, association signed by the subscribers to the memorandum and
prescribing rules for the company.

Rules 9. (1) In the case of an unlimited company the articles,
required in if the company has a share capital, must state the amount
case of of share capital with which the company proposes to be
unlimited registered.
company or
company
limited by (2) In the case of an unlimited company or a company
guarantee. limited by guarantee, the articles, if the company has not
a share capital, must state the number of members with
which the company proposes to be registered.

(3) Where a company not having a share capital has
increased the number of its members beyond the registered
number, it shall, within fifteen days after the increase was
resolved on or took place, give to the registrar notice of the
increase, and the registrar shall record the increase.

If default is made in complying with this sub-section.
the company and every officer of the company who is in
default shall be liable to a default fine.
Adoption 10. (1) Articles of association may adopt all or any of the
and appii-
cation of rules contained in Table A.
Table 4.


1937


Companies.


82 No. 18









(2) In the case of a company limited by shares and
registered after the commencement of this Ordinance, if
articles are not registered, or, if articles are registered, in
so far as the articles do not exclude or modify the rules con-
tained in Table A, those rules shall, so far as applicable, be
the rules of the company in the same manner and to the same
extent as if they were contained in duly registered articles.
11. Articles must- Printing
(a) be printed; and
signature
(b) be divided into paragraphs numbered consecu- of articles.
tively;
(c) bear the same stamp as if they were contained in
a deed;
(d) be signed by each subscriber to the memorandum
of association in the presence of at least one
witness who must attest the signature, and add his
occupation and address.

12. (1) Subject to the provisions of this Ordinance and Alteration
to the conditions contained in its memorandum, a company of articles
may by special resolution alter or add to its articles. by speiao

(2) Any alteration or addition so made to the articles
shall, subject to the provisions of this Ordinance, be as valid
as if originally contained therein, and be subject in like
manner to alteration by special resolution.

Form of Memorandum and Articles.
13. The form of-
(a) the memorandum of association of a company Statutory
limited by shares; forms of
memoran-
(b) the memorandum and articles of association of a dum and
company limited by guarantee and not having a articles.
share capital;
(c) the memorandum and articles of association of a
company limited by guarantee and having a
share capital;
(d) the memorandum and articles of association of an
unlimited company having a share capital,
shall be respectively in accordance with the forms set out
in Tables B, C, D and E in the First Schedule, or as near
thereto as circumstances admit.

Registration.
14. The memorandum and the articles, if any, shall be Registration
delivered to the registrar and he shall retain and register of memoran-
them. dum and
15. (1) On the registration of the memorandum of ,articles.
company the registrar shall certify under his hand that the Effect of
company is incorporated and, in the case of a limited
company, that the company is limited.


Companies.


1937


No. 18







84 No. 18


(2) From the date of incorporation mentioned in the
certificate of incorporation, the subscribers to the memo-
randum, together with such other persons as may from time
to time become members of the company, shall be a body
corporate by the name contained in the memorandum,
capable forthwith of exercising all the functions of an
incorporated company, with power to hold land and having
perpetual succession and a common seal, but with such
liability on the part of the members to contribute to the assets
of the company in the event of its being wound up as
is mentioned in this Ordinance.
Conclusive- 16. (1) A certificate of incorporation given by the
ness of registrar in respect of any association shall be conclusive
certificate of evidence that all the requirements of this Ordinance in respect
tion. of registration and of matters precedent and incidental
thereto have been complied with, and that the association is
a company authorised to be registered and duly registered
under this Ordinance.

(2) A statutory declaration by a barrister or solicitor
of the Supreme Court engaged in the formation of the
company, or by a persbn named in the articles as a director
or secretary of the company, of compliance with all or any
of the said requirements shall be produced to the registrar,
and the registrar may accept such a declaration as sufficient
evidence of compliance.

Registration 17. (1) Subject to the provisions of this section, a
of unlimited company registered as unlimited may register under this
company as Ordinance as limited, or a company already registered as
a limited company may re-register under this Ordinance, but
the registration of an unlimited company as a limited
company shall not affect the rights or liabilities of the
company in respect of any debt or obligation incurred, or any
contract entered into, by, to, with, or on behalf of the
company before the registration, and those debts, liabilities,
obligations, and contracts may be enforced in the same man-
ner as if the registration had not taken place; nevertheless
execution shall not issue against the effects of any individual
member of the company on any judgment, decree or order
obtained in any action or' proceeding in respect of any such
debt, liability, obligation or contract; but, in the event of
the property and effects of the company being insufficient to
satisfy the judgment, decree or order, an order may be
obtained for winding-up the company.

(2) On registration in pursuance of this section the
registrar shall close the former registration of the company,
and may dispense with the delivery to him of copies of any
documents with copies of which he was furnished on
the occasion of the original registration of the company,
but, save as aforesaid, the registration shall take place in
the same manner and shall have effect as if it were the first
registration of the company under this Ordinance.


Companies.


1937









Provisions with respect to Names of Companies.
18. (1) No company shall be registered by a name which- Restriction
(a) is identical with that by which a company in on restra-
existence is already registered, or so nearly companies
resembles that name as to be calculated to by certain
deceive, except where the company in existence names.
is in the course of being dissolved and signifies
its consent in such manner as the registrar
requires; or
(b) contains the words Chamber of Commerce,"
unless the company is a company which is to be
registered under a licence granted in pursuance
of the next following section of this Ordinance
without the addition of the word Limited "
to its name; or
(c) contains the words Building Society."

(2) Except with the consent of the Governor in Council
no company shall be registered by a name which-
(a) includes the wor" Imperial," Royal," A-
Crown," Empie," Government," or any 9
other word which imports or suggests that it -.
enjoys the patron ge of His Majesty, or of the -' // t -
Imperial Govern t, or of the Governor; or '71 f t2
(b) contains the words Municipal or Char-
tered or in the opinion of the registrar
suggests, or is calculated to suggest, connection
with any municipality or other local authority
or with any society or body incorporated by
Royal Charter; or
(c) contains the word Co-operative."

19. (1) Where it is proved to the satisfaction of the Powerto
Governor in Council that an association about to be formed as dispense
a limited company is to be formed for promoting commerce, ,Limited"
art, science, religion, charity or any other useful or social in name of
object, and intends to apply its profits, if any, or other income charitable
in promoting its objects, and to prohibit the payment of any and other
dividend to its members, the Governor in Council may by companies.
licence under the hand of the Colonial Secretary direct that
the association may be registered as a company with limited
liability, without the addition of the word Limited to its
name, and the association may be registered accordingly.

(2) A licence by the Governor in Council under this
section may be granted on such conditions and subject to
such rules as the Governor in Council thinks fit, and
those conditions and rules shall be binding on the associa-
tion, and shall, if the Governor in Council so directs,
be inserted in the memorandum and articles, or in one of those
documents.


1937 85


No. 18


Companies.







86 No. 18


(3) The association shall on registration enjoy all the
privileges of limited companies, and be subject to all their
obligations, except those of using the word Limited as
any part of its name, and of publishing its name, and of
sending lists of members to the registrar.

(4) A licence under this section may at any time be
revoked by the Governor in Council, and upon revocation the
registrar shall enter the word Limited at the end of the
name of the association upon the register and the association
shall cease to enjoy the exemptions and privileges granted
by this section :

Provided that, before a licence is so revoked, the
Governor in Council shall give to the association notice in
writing of the intention to revoke, and shall afford the
association an opportunity of being heard in opposition to
the revocation.

(5) Where the name of the association contains the
words Chamber of Commerce," the notice to be given as
aforesaid shall include a statement of the effect of the provi-
sions of sub-section (2) of the next following section.

Change of 20. (1) A company may, by special resolution and with
name. the approval of the registrar signified in writing, change
its name.

(2) Where a licence granted in pursuance of the
last foregoing section to a company the name of
which contains the words Chamber of Commerce is
revoked, the company shall, within a period of six weeks from
the date of the revocation or such longer period as the
Governor in Council may think fit to allow, change its name
to a name which does not contain those words.

If a company makes default in complying with the
requirements of this sub-section, it shall be liable to a fine
not exceeding fifty pounds for every day during which the
default continues.

(3) Where a company changes its name, the registrar
shall enter the new name on the register in place of the
former name, and shall issue a certificate of incorporation
altered to meet the circumstances of the case.

(4) The change of name shall not affect any rights or
obligations of the company, or render defective any legal
proceedings by or against the company, and any legal proceed-
ings that might have been continued or commenced against
it by its former name may be continued or commenced against
it by its new name.


Companies.


1937









General Provisions with respect to Memorandum
and Articles.

21. (1) Subject to the provisions of this Ordinance the Effect of
memorandum and articles shall, when registered, bind the memoran-
company and the members thereof to the same extent as if dum and
they respectively had been signed and sealed by each member, article.
and contained covenants on the part of each member to observe
all the provisions of the memorandum and of the articles.


(2) All money payable by any member to the company
under the memorandum or articles shall be a debt due from
him to. the company of the nature of a specialty debt.

22. (1) In the case of a company limited by guarantee Provision as
and not having a share capital, and registered after the to memoran-
commencement of this Ordinance, every provision in the duncland of
memorandum or articles or in any resolution of the company companies
purporting to give any person a right to participate in the limited by
divisible profits of the company otherwise than as a member guarantee.
shall be void.

(2) For the purpose of the provisions of this Ordinance
relating to the memorandum of a company limited by
guarantee and of this section, every provision in the memo-
randum or articles, or in any resolution, of a company limited
by guarantee and registered on or after the date aforesaid,
purporting to divide the undertaking of the company into
shares or interests shall be treated as a provision for a share
capital, notwithstanding that the nominal, amount or number
of the shares or interests is not specified thereby.

23. Notwithstanding anything in the memorandum or Alterations
articles of a company, no member of the company shall be in memoran-
bound by an alteration made in the memorandum or articles dum or
after the date on which lie became a member, if and so far as increasing
the alteration requires him to take or subscribe for more liability to
shares than the number held by him at the date on which the contribute to
alteration is made, or in any way increases his liability as at share capital
not to bind
that date to contribute to the share capital of, or otherwise existing
to pay money to, the company: members
without
consent.
Provided that this section shall not apply in any case where
the member agrees in writing, either before or after the
alteration is made, to be bound thereby.

24. (1) A company shall, on being so required by any Copies of
member, send to him a copy of the memorandum and of the memoran-
articles, if any, subject to payment of one shilling or such dum and
less sum as the company may prescribe, articles to
be given to
members.


No. 18


Companies.


1937









(2) If a company makes default in complying with this
section, the company and every officer of the company who is
in default shall be liable for each offence to a fine not exceeding
one pound.

Issued 25. (1) Where an alteration is made in the memorandum
copies of of a company, every copy of the memorandum issued after the
memoran- date of the alteration shall be in accordance with the
embody alteration.
alterations.
(2) If, where any such alteration has been made, the
company at any time after the date of the alteration issues
any copies of the memorandum which are not in accordance
with the alteration, it shall be liable to a fine not exceeding
one pound for each copy so issued, and every officer of the
company who is in default shall be liable to the like penalty.


Membership of Company.
Definition of 26. (1) The subscribers to the memorandum of a company
member, shall be deemed to have agreed to become members of the
company, and on its registration shall be entered as members
in its register of members.

(2) Every other person who agrees to become a member
of a company, and whose name is entered in its register of
members, shall be a member of the company.


Private Companies.
Meaning of 27. (1) For the purposes of this Ordinance, the expression
privatee private company means a company which by its articles-
company.
(a) restricts the right to transfer its shares; and

(b) limits the number of its members to fifty, not
including persons who are in the employment
of the company and persons who, having been
formerly in the employment of the company,
were while in that employment, and have con-
tinued after the determination of that
employment to be, members of the company;
and

(c) prohibits any invitation to the public to
subscribe for any shares or debentures of the
company.

(2) Where two or more persons hold one or more shares
in a company jointly, they shall, for the purposes of this
section, be treated as a single member.


88 No. 18


Companies.


1937









38. (1) If a company, being a private company, alters its Circum-
articles in such manner that they no longer include the stances in
provisions which, under the last foregoing section of this company
Ordinance, are required to be included in the articles of a ceases to be,
company in order to constitute it a private company, the or to enjoy
company shall, as on the date of the alteration, cease to be privilegesof
a private company and shall, within a period of fourteen private
days after the said date, deliver to the registrar for registra- company.
tion a prospectus or a statement in lieu of prospectus in the
form and containing the particulars set out in the Second
Schedule.


(2) If default is made in complying with sub-section (1)
of this section, the company and every officer of the company
who is in default shall be liable to a default fine of fifty
pounds.


(3) Where the articles of a company include the provi-
sions aforesaid but default is made in complying with any of
those provisions, the company shall cease to be entitled to the
privileges and exemptions conferred on private companies
under the provisions contained in sections 29, 108 (3),
128 (1) and paragraph (d) of section 161, and thereupon the
said provisions shall apply to the company as if it were not
a private company:


Provided that the court, on being satisfied that the
failure to comply with the conditions was accidental or due
to inadvertence or to some other sufficient cause, or that on
other grounds it is just and equitable to grant relief may,
on the application of the company or any other person
interested and on such forms and conditions as seem to the
court just and expedient, order that the company be relieved
from such consequences as aforesaid.



Reduction of Number of Members below Legal Minimum.

29. If at any time the number of members of a company Prohibition
is reduced, in the case of a private company, below two, or, of carrying
in the case of any other company, below seven, and it carries on business
on business for more than six months while the number is so wth fewe
than seven
reduced, every person who is a member of the company during or, in the
the time that it so carries on business after those six months case of a
and is cognisant of the fact that it is carrying on business private
with fewer than two members, or seven members, as the case company,
may be, shall be severally liable for the payment of the whole members.
debts of the company contracted during that time, and may
be severally sued therefore.


1937 89


Companies.


No. 18









Contracts, etc.
Form of 30. (1) Contracts on behalf of a company may be made
contracts. as follows-
(a) a contract which if made between private
persons would be by law required to be in
writing, and if made according to English law
to be under seal, may be made on behalf of the
company in writing under the common seal of
the company;
(b) a contract which if made between private
persons would be by law required to be in
writing signed by the parties to be charged
therewith, may be made on behalf of the
company in writing signed by any person
acting under its authority, express or implied;

(c) a contract which if made between private
persons would by law be valid although made
by parol ouly, and not reduced into writing,
may be made by parol on behalf of the company
by any person acting under its authority,
express or implied.

(2) A contract made according to this section shall be
effectual in law, and shall bind the company and its
successors and all other parties thereto.

(3) A contract made according to this section may be
varied or discharged in the same manner in which it is
authorised by this section to be made.

Bills of 31. A bill of exchange or promissory note shall be deemed
exchange to have been made, accepted, or endorsed on behalf of a
mand company if made, accepted, or endorsed in the name of, or
promissory
notes. by or on behalf or on account of, the company by any person
acting under its authority.

Execution 32. (1) A company may, by writing under its common
of deeds seal, empower any person, either generally or in respect of any
abroad. specified matters, as its attorney, to execute deeds on its
behalf in any place not situate in Sierra Leone.

(2) A deed signed by such an attorney on behalf of the
company and under his seal shall bind the company and have
the same effect as if it were under its common seal.

Power for 33. (1) A company whose objects require or comprise the
company to transaction of business beyond the limits of Sierra Leone
have official may, if authorised by its articles, have for use in any
abroadue territory, district or place not situate in Sierra Leone, an
official seal, which shall be a facsimile of the common seal of
the company, with the addition on its face of the name of
every territory, district or place where it is to be used.


Companies.


1937


No. 18








1937 91


(2) A deed or other document to which an.official seal
is duly affixed shall bind the company as if it had been sealed
with the common seal of the company.

(3) A company having an official seal for use in any
such territory, district or place may, by writing under its
common seal, authorise any person appointed for the purpose
in that territory, district or place, to affix the official seal
to any deed or other document to which the company is party
in that territory, district or place.

(4) The authority of any such agent shall, as between
the company and any person dealing with the agent, continue
during the period, if any, mentioned in the instrument con-
ferring the authority, or if no period is there mentioned, then
until notice of the revocation or determination of the agent's
authority has been given to the person dealing with him.

(5) The person affixing any such official seal shall, by
writing under his hand, certify on the deed or other instru-
ment to which the seal is affixed, the date on which and the
place at which it is affixed.

Authentication of Documents.
34. A document or proceeding requiring authentication Authentica-
by a company may be signed by a director, secretary, or tion of
other authorised officer of the company, and need not be documents.
under its common seal.

PART III.

SHARE CAPITAL AND DEBENTURES.
Prospectus.
35. (1) A prospectus issued by or on behalf of a company Dating and
or in relation to an intended company shall be dated, and registration
that date shall, unless the contrary is proved, be taken as of
the date of publication of the prospectus. prospectus.

(2) A copy of every such prospectus, signed by every
person who is named therein as a director or proposed director
of the company, or by his agent authorised in writing, shall
be delivered to the registrar for registration on or before
the date of its publication, and no such prospectus shall be
issued until a copy thereof has been so delivered for
registration.

(3) The registrar shall not register any prospectus
unless it is dated, and the copy thereof signed, in manner
required by this section.

(4) Every prospectus shall state op the face of it that
a copy has been delivered for registration as required by
this section.


No. 18


Companies.









(5) If a prospectus is issued without a copy thereof
being so delivered, the company, and every person who is
knowingly a party to the issue of the prospectus, shall be
liable to a fine not exceeding five pounds for every day from
the date of the issue of the prospectus until a copy thereof
is so delivered.

Specific 86. (1) Every prospectus issued by or on behalf of a
ntt as to company, or by or on behalf of any person who is or has
particulars been engaged or interested in the formation of the company,
in must state the matters specified in Part I of the Third
prospectus. Schedule and set out the reports specified in Part II of that
Schedule, and the said Parts I and II shall have effect subject
to the provisions contained in Part III of the said Schedule.

(2) A condition requiring or binding an applicant for
shares in or debentures of a company to waive compliance
with any requirement of this section, or purporting to affect
him with notice of any contract, document, or matter not
specifically referred to in the prospectus, shall be void.

(3) It shall not be lawful to issue any form of applica-
tion for shares in or debentures of a company unless the form
is issued with a prospectus which complies with the
requirements of this section:

Provided that this sub-section shall not apply if it is
shown that the form of application was issued either-
(a) in connection with a bona fide invitation to a
person to enter into an underwriting agreement
with respect to the shares or debentures; or

(b) in relation to shares or debentures which were
not offered to the public.

If any person acts in contravention of the provisions of
this sub-section, he shall be liable to a fine not exceeding five
hundred pounds.

(1) In the event of non-compliance with or contraven
tion of any of the requirements of this section, a director or
other person responsible for the prospectus shall not incur
any liability by reason of the nou-compliance or contraven-
tion, if-
(a) as regards any matter not disclosed, he proves
that he was not cognisant thereof; or

(b) he proves that the non-compliance or contraven-
tion arose from an honest mistake of fact on
his part; or


1937


92 No. IS


Companies.









(c) the non-compliance or contravention was in
respect of matters which in the opinion of the
court dealing with the case were immaterial or
was otherwise such as ought, in the opinion
of that court, having regard to all the circum-
stances of the case, reasonably to be excused:

Provided that, in the event of failure to include in a
prospectus a statement with respect to the matters specified
in paragraph 15 of Part I of the Third Schedule, no director
or other person shall incur any liability in respect of the
failure unless it be proved that he had knowledge of the
matters not disclosed.
(5) This section shall not apply to the issue to existing
members or debenture holders of a company of a prospectus
or form of application relating to shares in or debentures of
the company, whether an applicant for shares or debentures
will or will not have the right to renounce in favour of other
persons, but subject as aforesaid, this section shall apply to
a prospectus or a form of application whether issued on or
with reference to the formation of a company or subsequently.

(6) Nothing in this section shall limit or diminish any
liability which any person may incur under the general law
or this Ordinance apart from this section.

37. (1) A company limited by shares or a company Restriction
limited by guarantee and having a share capital shall not on alteration
previously to the statutory meeting vary the terms of a of terms
contract referred to in the prospectus, or statement in lieu of mentioned
prospectus, except subject to the approval of the statutory rospectusor
meeting, statement in
lieu of
(2) This section shall not apply to a private company. prospectus.

38. (1) Where a prospectus invites persons to subscribe Liability for
for shares in or debentures of a company- statements
in
(a) every person who is a director of the company prospectus-
at the time of the issue of the prospectus; and
(b) every person who has authorised himself to be
named and is named in the prospectus as a
director or as having agreed to become a
director either immediately or after an interval
of time; and
(c) every person being a promoter of the company;
and
(d) every person who has authorised the issue of
the prospectus,
shall be liable to pay compensation to all persons who
subscribe for any shares or debentures on the faith of the
prospectus for the loss or damage they may have sustained by


1937 93


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Companies.