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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 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 Page 198 Page 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Page 210 Page 211 Page 212 Page 213 Page 214 Page 215 Page 216 Page 217 Page 218 Page 219 Page 220 Page 221 Page 222 Page 223 Page 224 Page 225 Page 226 Page 227 Page 228 Page 229 Page 230 Page 231 Page 232 Page 233 Page 234 Page 235 Page 236 Page 237 Page 238 Page 239 Page 240 Page 241 Page 242 Page 243 Page 244 Page 245 Page 246 Page 247 Page 248 Page 249 Page 250 Page 251 Page 252 Page 253 Page 254 Page 255 Page 256 Page 257 Page 258 Page 259 Page 260 Page 261 Page 262 Page 263 Page 264 Page 265 Page 266 Page 267 Page 268 Page 269 Page 270 Page 271 Page 272 Page 273 Page 274 Page 275 Page 276 Page 277 Page 278 Page 279 Page 280 Page 281 Page 282 Page 283 Page 284 Page 285 Page 286 Page 287 Page 288 Page 289 Page 290 Page 291 Page 292 Page 293 Page 294 Page 295 Page 296 Page 297 Page 298 Page 299 Page 300 Page 301 Page 302 Page 303 Page 304 Page 305 Page 306 Page 307 Page 308 Page 309 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 Page 325 Page 326 Page 327 Page 328 Page 329 Page 330 Page 331 Page 332 Page 333 Page 334 Page 335 Page 336 Page 337 Page 338 Page 339 Page 340 Page 341 Page 342 Page 343 Page 344 Page 345 Page 346 Page 347 Page 348 Page 349 Page 350 Page 351 Page 352 Page 353 Page 354 Page 355 Page 356 Page 357 Page 358 Page 359 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 Page 383 Page 384 Page 385 Page 386 Page 387 Page 388 Page 389 Page 390 Page 391 Page 392 Page 393 Page 394 Page 395 Page 396 Page 397 Page 398 Page 399 Page 400 Page 401 Page 402 Page 403 Page 404 Page 405 Page 406 Page 407 Page 408 Page 409 Page 410 Page 411 Page 412 Page 413 Page 414 Page 415 Page 416 Page 417 Page 418 Page 419 Page 420 Page 421 Page 422 Page 423 Page 424 Page 425 Page 426 Page 427 Page 428 Page 429 Page 430 Page 431 Page 432 Page 433 Page 434 Page 435 Page 436 Page 437 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 Page 453 Page 454 Page 455 Page 456 Page 457 Page 458 Page 459 Page 460 Page 461 Page 462 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 Page 475 Page 476 Page 477 Page 478 Page 479 Page 480 Page 481 Page 482 Page 483 |
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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 No. 18 Companies. |