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Table of Contents
Table of Contents 1 Table of Contents 2 Interpretation Page A-1 Page A-2 Page A-3 Page A-4 Page A-5 Page A-6 Page A-7 Page A-8 Page A-9 Page A-10 Appeals from magistrates' courts Page A-11 Page A-12 Page A-13 Page A-14 Page A-15 Page A-16 Page A-17 Criminal procedure Page A-18 Page A-19 Page A-20 Page A-21 Page A-22 Page A-23 Page A-24 Page A-25 Page A-26 Page A-27 Page A-28 Page A-29 Page A-30 Page A-31 Page A-32 Page A-33 Page A-34 Page A-35 Page A-36 Page A-37 Page A-38 Page A-39 Page A-40 Page A-41 Page A-42 Page A-43 Page A-44 Page A-45 Page A-46 Page A-47 Page A-48 Page A-49 Page A-50 Page A-51 Page A-52 Page A-53 Page A-54 Page A-55 Page A-56 Page A-57 Page A-58 Page A-59 Page A-60 Page A-61 Page A-62 Page A-63 Page A-64 Page A-65 Page A-66 Page A-67 Page A-68 Page A-69 Page A-70 Page A-71 Page A-72 Page A-73 Page A-74 Page A-75 Maintenance orders (facilities for enforcement) Page A-76 Page A-77 Page A-78 Page A-79 Minerals Page A-80 Page A-81 Page A-82 Page A-83 Page A-84 Page A-85 Page A-86 Page A-87 Page A-88 Page A-89 Page A-90 Page A-91 Page A-92 Page A-93 Page A-94 Page A-95 Page A-96 Page A-97 Page A-98 Page A-99 Page A-100 Page A-101 Page A-102 Page A-103 Page A-104 Page A-105 Page A-106 Page A-107 Page A-108 Page A-109 Page A-110 Page A-111 Railway Page B-1 Page B-2 Page B-3 Page B-4 Page B-5 Page B-6 Page B-7 Page B-8 Page B-9 Page B-10 Page B-11 Page B-12 Page B-13 Page B-14 Page B-15 Page B-16 Page B-17 Page B-18 Page B-19 Page B-20 |
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' '. i :. * . . *' j35..I;L * S; ' . .. ;. - (.~v ~:YxiT 4I ~rj~~ r'i 9"~ I?~'i$%, ____________^,^^M^-----^-- UNIVERSITY OF FLORIDA LIBRARIES Ti O i 1 _185 INTERPRETATION AN ORDINANCE TO ATEi-D AND CONSDLIDAT-E THE INTERPRETATION ORDINANCE, 1933. I. This Ordinance may be cited as the Interpretaion Ordinance, shall be printed as Chapter 1 in the Revised Edition of the Law;s to. be published under the authority of the Revised Edition of the Lawsv Ordinance, 1945, and shall come into operation on the date on w"-ich such Revised Edition of the Laws shall be proclaimed by the Governor'. to come into force. Provided that, notwithstanding section 9 of the Revised Edition of the Laws Ordinance, 1945, this Ordinance shall not affect the validity of the Interpretation Ordinance, 1933, during the period between the first day of January, 1945, and coming into fpreation of this Ordinance. '12. This Ordinance shall apply to the Colony and Protectorate and its provisions shall apply to this Ordinance and to all Ordin- ances in force at the date of this Ordinance and to all Ordinances hereafter enacted. 3. In every Oedinance, unless a contrary intention apfpears:- "Act" used with reference to an offence or divil wrong includes a series of acts, and words which refer to acts done-.extend to illegal omission. "Administrative Officer" means and includes every Pro- vincial Commissioner of a Province, District Commission- er, Assistant District Commissioner and every cadet in the Administrative Service'of the Government of Sierra Leone. "Assistant District Commissioner" bears the meaning as- signed thereto by section 2 of the Protectorate Or- dinance. "British possession" means any Dominion, India, or any British Colony or Protectorate, or any protected state or any territory in respect of which a mandate is being exercised by His Majesty's Government in the United Kingdom or the Government bf any part, of His Majesty's dominions. "Chapter" "Part" "Section", and "Schedule" denote re- spectively a chapter, part and section of and schedule to the Ordinance In which the word occurs, and "sub- Section" denotes a sub-section of the section in which the word occurs. "Chief Connissioner" bears the meaning assigned thereto by section 2 of the Protectorate Ordinance". "Colony" means the Colony of Sierra Leone. "Commencement" used with reference to an Ordinance means the day on which the Ordinance comes into force, and "commence" has a meaning corresponding with that of "commencement". "Common law" means the common law of England. "Constable" includes any member of the Sierra Leone Police Force". "6rown Agents" means the Crown Agents for Oversea Governments and Administrations or the person or persons for the time being acting as Crown Agents for Oversea Governments and Administrations in England or any of them, and save where the context otherwise requires, all references to the Crown Agents for the Colonies shall be deemed to be references to the Qrovm Agents as herein defined". /"Gazette"... "Gazette" means The Sierra Leone Royal Gazette. "Governor" includes the Officer for the time being the advice-of the Executive Council, but not administering the Government of Sierra Leone . "Governor in Council" means the Governor acting with the advice of the Executive Council, but not necessari- ly in such Council assembled. "Government Notice" means any public announcement not of a legislative character made by, or by command of the Governor or by a public officer. "Headman" used in raltion to the Protectorate, bears the meaning assigned thereto by section 2 of the Pro- tectorate Ordinance. "His Majesty", "Her Majesty", "King", "Queen", "Cronm" mean the Soverign for the time being of the United Kingdom and his or her heirs and successors. "Land" includes messuages,tenements and hereditaments houses and buildings of any tenure. "Legal practitioner" means a person admitted and en- rolled to practice as a barrister and-solicitor in the Supreme Court. "Legislative Council" means the Legislative Council of Sierra Leone. "Magistrate" includes a Police Magistrate and an Assist- ant Police Magistrate. "Minister" means an elected member of the Legislative Council appointed by the Governor tole a member of the Executive Council. "Month" means calendar month. "Native" means any person who is a member of a race, tribe or community settled in Sierra Leone (or the territories adjacent thereto), other than a race, tribe or community- S(a which is of European or Asiatic origin, or Whose principal place of settlement is in the Colony. "Non-native" means any person other than a native. "Oath", "Swear", and "IAffidavit" include and apply to the affirmation or declaration of any person by law allowed to make an affirmation or declaration in lieu of an oath. "Order in Council" means an Order made in pursuance of of powers conferred by Ordinance on the Governor in Council. "Ordinance" means any enactment by the Legislature of of the Colony, and shall include Orders in Council, Orders, Rules and Bye-laws made under an Ordinance, and an Ordinance may be cited for all purposes by its short title, if any. "Paramount Chief" used in relation to the Protectorate bears the meaning assigned thereto by section 2 of the Protectorate Ordinance. /"Police Officer .... "Police Officer" includes the Commissioner of Police the Assistant Commissioner of Police, and all Super- inten*-nts, Assistant Superintendents, Inspectors and Sub-Inspectors of Police. "Pdrson" includes any company or association or body of persons, corporate or unincorporated. "Prescrived" means prescribed by or under the Ordin- ance in which the word occurs. "Protectorate bears the meaning assigned thereto by sub-section (2) of section 2 of the Protectorate Ordinance. "Protectorate Assembly" means the Protectorate Assem- bly established in terms of section 7 of the Pro- tectorate Ordinance. "Province" used in relation to the Protectorate bears the meaning assigned thereto by section 2 of the Pro- tectorate Ordinance. "Provincial Commissioner" used in relation to the Pro- tectorate, bears the meaning assigned thereto by sec- tion 2 of the Protectorate Ordinance. "Provincial Commissioner" in relation to any Ordinance which applies to the Protectorate means the Provincial Commissioner of a Province appointed by the Governor under the purvisions of the Protectorate Ordinance. "Public Holiday" means any day which, under the pro- visions of any Ordinance in force, is to be observed as a public holiday. "Public Officer" includes any person who is appointed to discharge a public duty whether or not he received compensation therefore and whether or not he is under the immediate control of the Governor. "Public Notice" means a notice published in the Gazette under this title, or published in such manner as may be prescribed by law. "Railway" means the Sierra Leone Railway.. "Registered medical practitioner" means a person regis- istered in Sierra Leone as a medical practitioner under the law for the time being relating to the registra- tion of medical practitioners. "Regulations" includes rules and bye-laws. "Rules" included regulations and bye-laws. "Rules of Court" means, when used in relation to ayy court, rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court, together with the forms necessary thereto. "Rural Area" used in relation to the Colony, means the Rural Area of the Colony as constituted under section 3 of the Rural Area Ordinance, 1949. "Rural Area Council" used in relation to the Colony means the Rural Area Council established in terms of section 4 of the Rural Area Ordinance, 1949. /Rural.. "Rural District" used in relation to the Colony, means a rural district constituted under section 3 of the Ru ral Area Ordinance, 1949. "Rural District Council" used in relation to the Colony means a rural district council established in terms of section 4 of the Rural Area Ordinance, 1949. "Sale" and "sell" include exchange, barter and offer- ing or exposing for sale. "Secretary of State" means His Majesty's Principal c. t Secretary of State for the Colonies. "Ship" includes every description of vessel used in navigation and not exclusively propelled by oars or paddles. "Sierra Leone" includes the Colony and Protectorate. "Sign" in reference to the signing of any document in- cludes making a mark. "Statutory declaration" means a declaration made by virtue of the provisions of the Imperial Act, known as the Statutory Declarations Act, 1835. "Summary conviction" means conviction before a Mag- istrate. "Supreme Court" means the Supreme Court of Sierra Leone. "Territorial waters" means any part of the open sea within three nautical miles of the coast of Sierra Leone, measured from low water mark. "Vessel" includes floating craft of every description. "Will" includes a codicil. "Writing" includes printing, typewriting, photograph- ing, lithographing and any other mode of representing Iyo8s or rDpnodccing,:woEidt -r figures in a visible "Year" means a year reckoned according to the British calendar. 4. In every Ordinance, unless a contrary intention appears- (a) words importing the masculine gender include fe- males, and (b) words in the singular include the plural and words in the plural include the singular. 5. Whenever forms are prescribed in any Ordinance slight de- viations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them. 6. When terms defined in an Ordinance are used in any Rule, Order, Proclamation or Bye-law under such Ordinance, such terms shall have the meanings assigned to them by the Ordinance, unless they are otherwise defined for the purposes of such Rule, Order, Proclamation or Bye-law or are inconsistent with the subject or context. 7. Whenever by any Act of Parliament, Imperial Order in Council or Ordinance any Act of Parliament is extended or applied to Sierra Leone, such Act shall be read with such verbal altera- tions as to names localities, courts, officers, persons, moneys, and otherwise as may be necessary to make the samRapl1icable to the circumstances. Provided that whenever under any Act of Parliament so ex- tended or applied- (a) power is given to any person or authority to make rules thereunder, the power to make such rules may, when local circumstances require the making of rules, be exercised by the Governor in Council. (b) power is given to any Court to impose a sentence of penal servitude for any offence thereunder the Act shall be, deemed to give the Court power to impose a sentence of imprisonment with hard labour for a period not exceeding the maximum period of penal servitude provided by such Act. (c) the great or other sepl is mentioned in any such Act of Parliament it shall be read as if the seal of the Supreme Court were constituted there- for. 8. No Ordinance shall in any manner whatsoever affect the rights of the Crwwn, unless it is therein stated, or unless it appears by necessary implication that the Crown is bound thereby. 9. (1) No Ordinance enacted before the first day of July, 1953, shall apply to the Protectorate unless it is provided by the Ordin- ance itself or is extended thereto by Ordinance. (2) Every Ordinance enacted on or after the first day of July, 1953, shall apply to both the Colony and the Protectorate un- less otherwise stated therein or in any other Ordinance. 10. Every Ordinance shall be deemed and taken to be a public Ordinance and shall be judicially taken notice of as such unless the contrary be expressly provided and declared by such Ordinance. 11. All Ordinances shall be divided into sections, if there be more enactments than, one, and such actions shall be deemed to be substantive enactments without any introductory words. 12. Where an Ordinance confers power on any authority to make Orders, Rules or Bye-laws the following provisions shall have effect with reference to the making and operation of such Orders, Rules or Bye-laws unless a contrary intention appears:- (a) Any Order, Rule, or Bye-law may be at any time a- mended, varied, rescinded or revoked by the same authority and in the same manner by, and in which / it was made. (b) There may be annexed to the breach of any Order, Rule or Bye-law such penalty not exceeding ten pounds, or such term of imprisonment, not exceeding three months, with or without hard labour or both as tovthe Order, Rule or Bye-law making authori- ty may seem fit, and such Order, Rule or Bye-law may direct whether such breach shall be prosecut- ed summarily or otherwise. (c) No Order, Rule or Bye-law shall be inconsistent with the provisions of any Ordinance. (d) All Orders having legislative effect and all Rules and Bye-laws shall be published in the Gazette, and shall have the force of law upon such publication thereof, or from the date named therein, subject to disallowance by His Majesty. Provided that where any order is made under the provisions /of the... of the Emergency Powers (Defence) Act, 1939, as modified and ex- tended to Sierra Leone by His majesty'ss Order in Council entitled that Emergency Powers (Colonial Defence) Order in Council, 1939, or any Act or Order in Council amending either, the Governor, or othe Authority issuing the order shall, if in his opinion the order is of general application cause the same to be published in the Gazette in which case the order shall, if deemed to have come into force, operation and effect ?as from the date of the publication, or, if in his opinion the application of the order is limited, he shall cause it to be published in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of the order, and, in such a case the order shall be deemed to have come into force, operation and effect as from the date of the making thereof. 13. When power is given to the Governor or to the Governor in Council to issue a Proclamation or notification, it shall include the power of amending, or revoking or suspending the siid Proclamation or notification, and of declaring the date of its coming into force and also, of substituting another therefore. 14. Proclamations and notifications of the Governor or of the Governor in Council shall come into operation on the date of their publication in the Gazette, unless otherwise specified., 115. When any Ordinance, repealing wholly or in part any Ordinance is itself repealed, such last repeal shall not revive the Ordinance or any provisions thereof before repealed, unless words be added reviving such Ordinance or provisions. 16. When any Ordinance shall be made, repealing wholly or in part any Ordinance, and substituting other, provisions or provisions, the provisions repealed shall remain in force until the substituted pro- visions or provisions shall come into operation by force of the latter Ordinance. 17. (1) When an Ordinace repeals and re-enacts, with or without modifications, any provision of an Ordinance, references in any other Ordinance to the provision as repealed shall be construed as referenc- es to the provision so re-enacted. (2) Where an Ordinace repeals an Ordinace, the repeal shall- not- (a) revive anything not in force, or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any Ordinance so repealed or anything duly done or suffered under any Ordinance so repealed; or (c) affect any right, privilege, obligation or liabili- ty acquired, accrued or incurred under any enact- ments so repealed; or (d) affect any penalty, forfeiture or punishment in- curred in respect of any offence committed against any Ordinance so repealed; or (e) affect any investigation, legal proceedings or re- medy in respect of any such right, privilege, ob- ligation, liability, penalty, forfeiture or pun- ishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, i r- continued or enforced;,and any sich penalty, for- feiture or punishment may be imposed as if the re- pealing Ordinance had not been passed. 18. Where an Ordinance, is repealed, all Orders, Rules and Bye-i laws made thereunder shall be deemed to be repealed also, unless ex- pressly saved by the Ordinance by which such repeal is made. 19. (1) Any Ordinance, Charter, Commission, Royal Warrant Order in Council, Order of the King in Council, Royal Instruction, Treaty with Native Ohiefs, Proclamation, Order, Rule Bye-law, Letters Patent, Appointment, Public Notice, Government Notice, Governor's Order may be prima facie proved in any legal proceedings by produc- ing a copy thereof- (a) contained in any printed collection of Ordinances /purporting... purporting to be printed and published and published by authority; or (b) contained in any issue of the Gazette; or (c) purporting to be printed at the Government Printing Office or by the Government Printer or deemed to be so printed. (2) It shall be lawful for he Governor, from time to time by Order, to direct that matter printed for the Government by named persons not in its employ shall be deemed to be printed by the Government Printer. 20. 8 Whenever reference is made to a series of sections of any Ordinance or to any parts of an Ordinance, the reference shall be deemed to include all the sections or parts mentioned in the re- ference, and a similar construction shall be adopted in regard to any reference to a series of rules or parts of any rules. 21. Whenever in any Ordinance a reference is made to another Or- dinance, such reference shall, unless the context otherwise requires be deemed to include a reference to such last mentioned Ordinance as the same may from time to time be amended. 22. (1) When by this or any Ordinance, whenever passed any section or schedule, or any word or words is, or are, directed to be inserted in,or omitted from, any previous Ordinance, or any section or schedule thereof, or to be substituted for, or deemed to be substituted for, or bn infected, in lieu of any section or schedule, or any word or words forming part, or the whole, of any section or schedule, of any previous Ordinance then, in all copies of the Ordinance so amended and subsequently printed by authority, it shall be lawful for the Governor to direct that the section or schedule or word or words shall be inserted or omitted in accordance with such direction,and all necessary consequential amendments or marginal notes, headings and divisions shall be made, and references shall be made in the margin to the section of sections of the Ordinance by which such amendments are made: Provided that no amendments shall by force of such direc- tion only, have any retrospective operation. (2) Whenever the provisions of any Ordinancd which relate to the practice or procedure of any Court have been or shall hereafter be abrogated in pursuance of any rule-making power on that behalf by Ordinance conferred, then, in all copies of such Ordinance printed by authority, it shall be lawful for the Governor to direct that the provisions aborgated shall be omitted, and reference shall be made in the margin to the rules whereby such abrogated was made. (3) When any amended ordinance is reprinted under the provisions of this section, unless the Secretary of State shall otherwise order the original number of the Ordinance so reprinted shall be retained, and if any section, sub-section or schedule or division has been re- pealed, the remaining sections, sub-section schedules or division of schedules shall not be renumbered, and the fact that any section, sub- sections schedule or division of schedule has been repealed, shall be stated, and reference made in the marginal notes to the Ordinance by which such repeal effected. 23. When a power is conferred or a dity imposed, the power may be exercised and the duty shall be performed as occasion arises. 24. When, in terms of the powers conferred upon him by any Ordinance the Govennor had made any rule or order or has given any direction, it shall be sufficient, unless it is othertwse provided in the said Or- dinance, for such rule, order, or direction to be issued under the hand of any member of the Executive Council Provided that any proclamabionor warrant issued by the Governor shall be issued under the hand and seal of the Governor himself. 25. Where by any Ordinancs the Governor or any public officer, or body is empowered to appoint or name a person to have and exercise any powers or perform any &uties, the Governor or such public officer or body may either appoint a person by name, or direct the person for the time being holding the office designated by the Governor or such public officerrorLbody to have and exercise such powers and perform such duties; and thereupon or from the date specified by the Governor /or public..... or public officer .f body, the person appointed by name or the person holding the office aforesaid shall have and may exercise such powers or perform such duties accordingly. 26. The Governor shall have power to appoint a person to act in the stead of a public officer who is unable to discharge the duty of his office, and subject to any special order of the Governor, that person so appointed shall have all the powers, duties and liabilities of such public officer, and wherever any public officer is mentioned or referred to by his title of office, subject as aforesaid, the person so acting in his stead shall dso be .intended. 27. The Solicitor-General may perform any of the duties of the Attorney-General and shall discharge such portion thereof as may be, from time to time assigned to him by the Attorney-General, subject to any special instructions from the Governor, and in respect of such duties he shall have the same powers as the Attorney-General, and subject to the provisions of this section, where the expression Attor- ney-General occurs, the Solicitor-General shall also be intended. 28. Where by any Ordinance the Governor is empowered to exercise axy powers and/or perform any duties he may, unless by law expressly prohibited from so doing, depute any person by name or the person for the time being holding the office designated by him to exercise such powers and/or perform such duties on his behalf, subject to such con- ditions, exceptions and qualifications as the Governor may prescribe by notice in the Gazette, and thereupon or from such date as may be specified in the notice the person deputed shall have and exercise such powers and/or perform such duties subject as aforesaid. Provided that no such d61egation of powers and/or duties shall have effect until until notified in the Gazette. Provided also that nothing in this sec- tion contained shall authorise the Governor to depute any person to make rules under any power in that behalf conferred on him by Ordinance 29. When by any Ordinance, which is not to come into force im- mediately on the passing thereof, a power is conferred on the Gover- nor, or the Governor in Council or any person or body to make Rules or issue Orders with respect to the application of the Ordinance, or with regard to the appointment of any officer or the establishment of any office thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which, any thing is to be done under the Ordinance, the power may be exercised at any time after the passing of the Ordinance but the Rules or Orders so made or issued shall not take effect till the commence- ment of the Ordinance. 30. Where by or under any Ordinance a power to make any appoint- ment is conferred, then, unless the contrary intention appears, the authority having power to make the Fappointment shall also have pwwer to remove suspend, dismiss, respoint or reinstate any person appointed by it in exercise of the power. 31. Any Ordinance which amends another shall, so far as is con- sistent with the tenor thereof, be construed as one with the amended Ordinance; md the amended Ordinance may, in the amending Ordinance, be referred to as the Principal Ordinance. 32. In computing time:- (a) A period reckoned by days from the happening of an event, or the doing of any act or thing, shall be deemed to be exclusive of the day on which the event happens or the act-or thing is done. (b) If the last day of the period is a Sunday or a pub- lic holiday (which days are in this section referred to as excluded days) the period shall include the next following unexcluded dry. Provided that not- hing in this section shall affect the operation of section 14 (1) (a) of the Bills of Exchange Ordin- ance. (c) When any act or proceeding is directed or allowed to be done or taken on a certain day, then if that day happens to be an excluded day the act or pro- ceeding shall be odnniderrd as done or.takentiin due time it is done or taken on the next excluded day. / (d).... (d) When an act on proceeding is directed or allowed to be done or taken within any time not exceeding six days, excluded days shall hot be reckoned in the computation of the time. 33. In the measurement of any distance for the purposes cf any Ordinance, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane. .34. Whenever the fiat if the Governor or the Attorney- General is necessary before any prosecution or action is com- menced, any document purporting to boar the fiat of the Governor or the Attorney-General shall be received as prima facie evidence in any proceeding without proof being given that the signature to such fiat is that of the Governor or the Attorney-General. 35. (1) Where- (a) by any Ordinance any act or omission is made an offence and it is not expressly provided that such offence shall be prosecuted summarily, or (b) by the Common law or any Imperial Statute in force in Sierra Leone an offence is indictable, or (c) by any law an offence is expressly made cog- nizable by the Supreme Court. such offence shall be prosecuted before the Supreme Court by information in the name of the Attorney-General. (2) Unless a contrary intention appears, information shall mean an information containing the charge against the accused signed by the Attorney-General, or by a person appointed to prosecute by the Governor, and every information purporting to be signed aforesaid shall be presumed to have been do signed, until the contrary is shown, proof whereof shall lie on the person objecting to the same. (3) When legal proceedings are directed to be brought in the name of, or by, or on beEalf of, any public officer, it .--- not thereby be intended that such public officer shall be re- quired to appear personally before the Court which such pro- ceedings are taken. 36. Whenever in any Ordinance a penalty is prescribed for an offence against such Ordinance, the same shall indicate that such offence shall be punishable, upon conviction, by a penalty not exceeding (except as may be otherwise provided in the Ordinance) the penalty prescribed. 37. Where an act or omission constitutes an offence under two or more Ordinances, or under an Ordinance and under a Statute, or under an Ordinance or Statute and at common law, the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either orany of those Ordinances or Statute or at common law, but shall not be liable to be punished twice for the same offence. 38. (1) Where by or under any Ordinance any person is re- quired to pay any charge or fee for any act or thing done or document issued, or signature or seal affixed to any document, by any public officer or department, or where any person is adjudged by any court, or other authority duly authorised by law, to pay or forfeit any sum of money, such charge of fee and such sum of money shall be paid into the Treasury and from part of the general revenue of Sierra Leone unless otherwise provided; and if any such charge or fee, or if any commission on money received or taken possessionof, realisedii or otherwise dealt with, is required to be paid to any public officer or department, such officer or department receiving the same shall pay it into or account for the same in due course to the /(2). (2) Where by or under any Ordinance any thing or any animal is adjudged by any court, or other authority duly authorised by law, to be forfeited, it shall, unless otherwise provided, be forfeited to the Crown; and the net proceeds thereof, if it is ordered by competent authority to be sold shall be paid into the Treasury and form part of the general revenue of Sierra Leone unless otherwise provided. (3) Nothing in this section shall affect any provision in any Ordinance whereby any shares of fines or penalties or for- feitures, or of proceeds of forfeitures, are expressed to be recoverable by any person, or may be granted by any authority to any person. 39. Where any Ordinance authorises or requires any document to be served by post, whether the expression "serve'" give" or "send" or any other expression c:mpr>i;.:. is used, then, unless contrary intention appear, the service shall be deemed to be effected by properly addressing, prepaying, and posting a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. 40. Save as is otherwise expressly provided by any Ordinance whenever any act or thing is required to be done by more than two persons, a majority of them may do it. 41. Notwithstanding anything in this Ordinance, the Emergency Powers (Defence) Act, 1939, shall be deemed to be an Ordinance within the moaning of this Ordinance and any Rdgul Orders or Rules made in exercise of any power conferred by the said Act shall be deemed to be part thereof. Typed by F.L.C. -Co&jJ4A 1L APPEALS FROM MAGISTRATES' COURTS. AN ORDINANCE TO MAKE PROVISION FOR APPEALS FROM THE DECISION OF MAGISTRATES. CaP* 1. This Ordinance may be cited as the Appeals from Magistrates Ordinance, and shall apply to the Colony and the Protectorate. 2. In this Ordinance- "appeal Court"'means the Supreme Court. "Party" includes any prosecutor, complainant or in- formant. 3. (1) Save as hereinafter provided, any person dissatisfied with a decision of g Magistrate in any civil or criminal proceedings to which he is a party may appeal therefrom to the Appeal Courts (2) The Attorney-General may appeal to the Appeal Court from the decision of a Magistrate even though he was not a party to the proceedings. (3) An appeal to the Appeal Court may be on a matter of fact as well as on a matter of law, provided that there shall be no appeal against an acquittal on a matter of fact. 4. No appeal shall be had in the case of any accused person who has pleaded guilty and has been cnvicted on such plea by a Court of summary jurisdiction, except as to the extent or legality of the sentence; Provided that there shall be no appeal against a sentence of imprisonment passed by such Court in default of &he payment of a fine, when no substantive sentence of imprisonment has also been passed unless such sentence in default is an unlawful one. 5. very appeal against any judgment, decision, order or sentence of a Magistrate's Court established in the Colony shall be entered within fifteen days of the date of such judgment decision, order or sentence, and every such appeal against any decision of a Magistrate's Court established in the Proctectorate shall be en- tered within thirty days of the date of such judgment, decision, or- der or sentence. Provided that the Supreme Court may for good cause shown exttnd the aforesaid periods in such manner as it may think just. 6. Every appeal shall be made in the form of a petition in writing containing the grounds upon which it is intended to pro- secute the appeal, presented by the appellant or his solicitor to Appeal Court, and every such petition shall state briefly the sub- stance of the decision appealed against. "Provided that in the--Protectorate, and notwithstanding the provisions of.the immediately preceding section, any person desirous of appealing may, in lieu of a petition in writing give notice of appeal orally and in open court immediately after the decision of the court is pro- nounced, in which case he shall make a contemporaneous oral statement of the grounds of appeal. The fact of such appeal and the grounds thereof, shall be recorded in writing by the magistrate and transmitted by him to the Court of Appeal". 7. If in the case of a criminal appeal the appellant is in prison, he may present his petition of appeal and the copies ac- companying the same to the Superintendent of Prisons, who shall thereupon forward such petition to the Registrar of the Appeal Co f 8. Upon receipt of a petition of appeal the Registrar of the C.A~-shall notify the Magistrate and call for a record of the case and shall cause a copy of the petition to be served upon the respondent. /9.... 9. If the Magistrate's decision be for the payment of any fine or money, the apellant shall pay the amount thereof into Court within the fifteen Ays allowed for appealing,1together with such further amount or sum of money as the Magistrate shall by reference to the Schedule and section 36 consider ample and sufficient to cover the costs of the appeal or give security in double the said amounts within such time to abide the judgment of the Appeal Court. 10. If the decision or judgment be in favour of the defendant, or a non-suit br dismissal of the plaintiff's claim, or of the charge or complaint on appealing shall in like manner against the accused, the plaintiff or complainant, sn appealing, sholl,'in like manner pay into the Magistrate's Court the sum of money fixed by the Magistrate as the probable costs of appeal, or give security in double the a- mount: Provided that nothing in this section shall apply to any ap- peal instituted by the Attorney-General. 11.(1) If the sentence be imprisonment, in addition to or without any fine, the appellant shall in respect to such fine, pay the a into Court, together with the amount fixed for the costs of appeal, or give such security as aforesaid; and in respect to such imprison- ment the appellant or person sentenced to be imprisoned shall be detained in gaol to abide the judgment of the Appeal Court unless or until he shall give security for the costs of appeal and to abide the the judgment of the Appeal Court and to surrender himself into the custody of the Court or of the Sheriff or Superintendent of Prisons to under such sentence. (2) The amount of such secruity in respect to such imprisonment shall be in the discretion of the Magistrate; and upon such payment being made and security entered into as herein required the appellant or person sentenced to imprisonment shall be discharged form custody. 12. The nature of the security hereinbefore required to be given shall be in. the 4i4cretion of the Magistrate., and may be by the written undertaking of the appellant and one or more substantial ties, entered on.the record of the case and signed by them and at- tested by a witness or witnesses, to pay the amount fixed, by the Mag- istrate; or by depositing in Court, if the Magistrate shall so allow, any article of property of the plaintiff of of his sureties in value sufficient to cover the amount fixed by the Magistrate; security in such other manner as the Magistrate may think proper .to allow or accept. 13. If the appellant be detained in custody in ag district other than the Police District of Freetown by reason of his not being able to give the required security he may demand that he be taken to Free- town and there be Stained in custody in gaol until the appeal be heard or the money be deposited in Court or security be given as aforesaid, or as may be fixed by the Magistrate or by the Appeal ' Court, and he shall thereupon be taken to Freetown and on his arrival in Freetown the Superintendent of Prisons shall immediately notify the Registrar of the Appeal Court of such appellant being in Free- town gaol. 14. Upon payments being made and security entered into in com- plainance with the foregoing provisions, a copy of the record of the case certified under the hand of the Magistrate as a true copy and the original documents connected therewith shall be forwarded without delay to the Registrar-of the Appeal Court on payment of the required fees copies of the said record and documents shall also be furnished by 'the Magistrate to the appellant and respondent; Provided that the Attorney-General shall be entitled to receive any such copies without payment. 14A. An appellant may amend or add to the grounds of his appeal at any time within the period allowed by sec- tion 5 on giving notice in writing to the Appeal Court After the expiration of that period no such amendment or addition shall be made except by le6,e of the i Court. /15... 15. The Registrar of the Appeal Court shall thereupon cause notice to be given to the appellant or his solicitor and to the re- spondent or his solicitor of the time and place at which such appeal shall be heard. 16. If neither party be present on the day on which the appeal is to be heard, the hearing thereof may be adjourned, or the Appeal Court may proceed to deal with the appealupon the evidence taken before the Magistrate, and for that purpose shall have all the powers conferred upon it by section 18. 17. If either or both parties appear the Appeal Court shall proceed to hear the appeal, and maydeal with it on the evidence tak- en before the Magistrate, or may examine all or any of the witnesses called before the Magistrate or receive such other evidence as it thinks fit before dealing therewith. In either case the Court shall have all the powers conferred upon it by section 18. 18. The Appeal Court may dismiss an appeal or reverse, vary, or amend any judgment, decision, order or sentence which shall have been given contrary to law, or allow an appeal on any ground of law or fact, or vary the punishment inflicted by the Magistrate by sub- stituting thereofoaany other punishment, whether more or less severe, which the law allows, or remit the case to the same or another Mag- istrate for re-hearing or taking further evidence therein. In every case the Appeal Court shall give all consequential directions which may be proper or necessary; and in every case the costs of the appeal shall be in the discretion of the Court. 19. (1) When a case is decided on appeal by the Appeal Court, it shall certify its judgment or order to the Court by which the judgment, decision, order or sentence appealedagainst was recorded or passed, "Every judgment of the Appeal Court shall state the substance of the question arising for determination, the decision of the Appeal Court thereon and the rea- sons for the decision" (2) The Court to which the Appeal Court certifies its judg- ment or order shall thereupon make such orders as are conformable to the judgment or order of the Appeal Court, ano, if necessary,the records shall be amended in accordance therewith. 20. (1) After the entering of a petition of appeal by any per- son entitled to appeal, and pending the hearing of the same the same the Appeal Court may, for reasons to be recorded by it in wiit- ing, order that the execution of a judgment, decision, order or sentence, appealed against be suspended, and also in the case of a criminal appeal, if the appellant be in confinement, that he be released on bail on his own recognizance or on such other terms as to the Appeal Court shall seem meet. (2) If an appellant be ultimately sentenced to imprisonment the time during which he is so released shall be excluded in com- puting the period for which he is so sentenced. 21. Every appeal from a Magistrate (except anappeal from a sentence of fine) shall finally abate on the death of the appellant. 22. After the hearing and determination by a Magistrate or any summons, charge, information or complaint either party to the pro- ceedings or the Attorney-General even though he was not a party to the proceedings may, if dissatisfied with the said determination as being erroneous in point of law, or as being in excess of juris- diction, apply in writing within fifteen days after the said de- termination to the said Magistrate to state and sign a case setting forth the facts and the grounds of such determination for the opinion thereon of the Appeal Court,aftersuch party, hereinafter called the appellant, shall within fifteen days after receiving such case transmit the same to the Appeal Court, first giving notice in writ'.. /of such....... of such appeal, with a copy of the case so stated and signed, to the other party to the proceedings in which the determination was given hereinafter called the respondent. 23. The appellant, at the time of making such application and before the case shall be stated and delivered to him by the Mag- istrate, shall in every instance enter into a recognizance before the Magistrate, with or without surety or sureties, and in such sum as to the Magistrate shall seem meet, conditioned to prosecute without delay such appeal and to submit to the judgment of the Appeal Court, and to pay such costs as may be awarded by the sale; and before he shall be entitled to Elfr the case delivered to him he shall. ay to the Tiaistrate's Clerk the fees prescribed in the Schedule. The appellant in a criminal case, if then in custody shall be liberated upon the recognizance being further conditioned for his appearance before the Magistrate, or, if that is im..racticable before two Justices of the Peace, within seven days after the judg- ment of the Appeal Court shall have been given, to abide such judgment unless the the determination appealed against be reversed. Provided that nothing in this section shall apply to an appli- cation for a case stated made by or under the direction of the Attorney-General. 24. If a MIgistrate be of opinion that the application merely frivolous, but not otherwise, he may refuse to state a case, and shall, on the request of the appellant, sign and deliver to him a certificate of such refusal. Provided that a magistrate shall not refuse to state a case when the application for that purpose is made to him by or under the direction of the Attorney-General, who may require a case to be stated with reference to proceedings to which he was not a party. 25. When a Magistrate has refused to state a case as aforesaid it shall be lawful for the appellant to apply to the Supreme Court within fourteen days of such refusal, upon an affidavit of the facts, for a rule calling upon such Magistrate and also upon the respondent to show cause why such case should not be stated, and the Supreme Court may make the same absolute or discharge it, with or without payment of costs, as to the Court shall seem fit, and the Magistrate upon being served with such rule absolute, shall state a case accordingly, upon the apy~llant entering into such recognizance as is hereinbefore provided. 26. The Appeal Court shall (subject to the provisions of the next succeeding section) hear and determine the question or ques- tiond of law arising.on the case stated, and shall thereupon reverse, affirm or amend the.determination in respect of which the case has teen stated or remit the matter to the Magistrate with the opinion of the Appeal Court thereon, or may make such other order in relation to the matter and may make such other order as to costs, as to the Court may seem fit, and all such orders shall be final and con- clusive on all parties. Provided always that no Magistrate who shall state and deliver a case in pursuance of this Ordinance or bona fide refuse to state one shall be liable to any costs in respect or by reason of such appeal against his determination or refusal and provided further that no costs shall be awarded against the Crown except where the Attorney- General is the appellant. 27. The Appeal Court shall have power, if it thinks fit- (a) to cause the case to be sent back for amendment or re- statement, and thereupon the same shall be amended or re- stated accordingly, and judgment shall be delivered after it has been so amended or restated; (b) to remit the case to the Magistrate for re-hearing and determination with such directions as it may deem ne- cessary. 28. After the decision of the Appeal Court has been given on a case stated, the Magistrate, shall have the same authority to en- force any Vudgment, decision, order or sentence which may have been affirmed, amended or made by the Appeal Court, as such Magistrate /would.... would have had to enforce his determination if the same had not been appealed against, and no action or proceedings whatsoever shall be commenced or had against the Magistrate for enforcing such judg- ment, decision, order or sentence by reason of any defect in the same respectively. 29. No person who has appealed under section 3 shall be entitled to have a case stated and no person who has applied to have a case stated shall be entitled to appeal under section 3. 30. A case stated by a :.:sistrate shall set out- (a) the particulars contained in the charge, summons, in- formation or complaint; (b) the facts found by the Magistrate to be admitted or proved; (c) any submission of law made by or on behalf of the pro- secutor or complainant during the trial or enquiry; (d) any submission of law made by or on behalf of the ac- cused or defendant during the trial or enquiry; (e) the judgment, the grounds of the determination and,in the case of conviction, the sentence of the Magistrate; (f) any question or questions of law which the Magistrate or any of the parties may desire to be submitted for the opinion of the Appeal Court; (g) any question of law which the Attorney-General may re- quire tobe submitted for the opinion of the Appeal Court. 31. The Appeal Court may, if it deems fit, enlarge any period of time prescribed by sections 23 or.25. 32. When an appeal is presented against the acquittal of a person or a case is stated by a Magistrate after an acquittal the Appeal Court may issue a warrant directing that the accused shall be arrested and brought before it and may commit him to prison pend- ing the disposal of the appeal or case stated or admit him to bail. 33. (1) The Attorney-General of his own motion and any other person if aggrieved by a decision of the Appeal Court in a criminal appeal may appeal to the West African Court ofAppcal on a matter of law (not including severity of sentence) but not on a matter of fact. (2) Every such appeal shall be entered within eight days of the order appealed against and subject to Rules of Court made by the + p c r_ __---f. lP rI v --.-< .,--. ---- -.bp "- lt rI------- ----- ----f- _A - Provided that the West Afrcian Court of Appeal may for good cause shown, extend the aforesaid period in such manner as it may think just' any error, omission, or irregularity in the complaint, information, summons, warrant, hharge, proclamation, order, judgment or other proceedings before or during the trial, unless such error, omission or irregularity has in fact occasioned a failure of justice Provided that in determining whether any error, omission or ir- regularity has occasioned a failure of justice the Court shall have regard to the question whether the objection could and should have been raised at an earlied stage in the proceedings. 35. If the order of the Appeal Court be not obeyed, or the a- mount paid within the time limited and as directed by the Appeal Court, or if the person sentenced to be imprisoned dod not surrender himself if at large within such time as the Appeal Court shall direct, the security given by and on behalf of the appellant shall become forfeited, and the Appeal Court, or the Magistrate by whom the original order was pronounced, may order execution to issue and a levy to be made upon the goods, chattels, moneys, and. securities, and in default thereof or of a sufficiently thereof, upon the real property of the persons who shall have given or entered irto such security, without any action suit or other /proceedings proceedings being had-or taken against them in respect to such security; and the proceeds of such levy, after paying the amount of the security and of the costs and expenses of the levy, shall be paid to the person or persons whose property shall have been levied upon; and if there shall be any dispute between such per- sons, as to the division between them of such balance, the same shall be paid into the Court of the Magistrate before whom the proceedings were originally had, to abide his decision thereon, and such decision shall be final. 36. (1) Either party may take out, from the Court or Magistrate by or before whom the proceedings were heard and decision pro- nounced, subpoenas for the attendance of witnesses at the hearing of the appeal, and such subpoenas shall be issued accordingly, and a note thereof by the Kiajistrate or Clerk, and of the name of euch witness and of the party by or for whom subpoenaed shall be made on the proceedings and proof of service of the subpoenas attached thereto for the information and guidance of the Appeal Court, (2). No witness from the Sherbro Judicial District shall be required or compelled to proceed to Freetown, whether subpoenaed or not, unless he shall have received from or been tendered by the person or party, who shall require his attendance a areas sum of money for his expenses or probable expenses consequent on his coming to and returning from Freetown and stay threat for the hearing of the said appeal, which sum of money shall be settled and determined by the LEagistrate of such District, who shall make a note thereof on the proceedings, or of the refusal of the witness to receive the amount; but the amount thereof shall not be allowed in costs, between party and party, beyond the sum which would be allowed to such witness if he had come from any other district, unless the Appeal Court shall otherwise order; and the Appeal Court may at the hearing of the appeal add to or lesson the amount allowed and paid or tendered to any witness. 37. Any person subpoenaed as a witness and tendered his ex- penses according to the lower scale of the Schedule or as shall be settled by the Iagistrate under the last preceding section, who shall not attend at the hearing of the appeal, shall be liable to the same pains, penalties and punishment to which a person subpoened by t he Supreme Court is made liable unless good cause be shown to the contrary. THE SCEIIDULE PART. I S. D For making up a copy of the record of the case for the Appeal Court-for every folio 0. O. 4 of seventy-two words for serving any-written notice mentioned in this Ordinance, including proof of ser- vice thereof ......o... 0. 1, 0 Attendance by attorney to take out subpoenas O. O. 6 To the Crown for each person subpoenaed O. o. 6 For serving each subpoena, the same as allowed in Magistrates Court. Attendance in person at the hearing of the appeal same as allowed to witnesses --- Attendance by attorney or counsel, according- to the importance of the case ) 0. 10. 6 3to 3. 3. 0 /To... SCHEDULE continued. To counsel or attorney for examining the proceedings, according to the length and importance of the case. Attendance of witnesses as under:- Labourers for the day Mechanics and artisans Clerks and petty shopkeepers Merchants and gentlemen Double the amount to witnesses coming Freetown distant beyond six miles. from places Only one day's attendance shall be allowed unless the Judge shall otherwise order. SCHEDULE 2 Fees to be taken by Magistrate under section 23. For drawing case and copy- For drawing case and copy- When the case does not exceed five folios of one hundred words each. When the case exceeds five folios, then for every additional folio For the recognizance to be taken in pursuance under section 23 For every enlargement or renewal thereof 0. 10. 0 0. 1. 0 0. 5. 0 0. 2. 6 O. 5. to 2. 2. 6 6 1. 0 I.. 6 to 3. 0 2. 6 to 5. 0 5. 0 to 10. 0 S, D. CRIMINAL PROCEDURE. AN ORDINANCE TO CONSOLIDATE AND AMEND'-THE MTAW RELATING TO CRIMINAL PROCEDURE. 1 This Ordinance may be cited as the Criminal Procedure Ordinance, and shall apply to the Colony and Protectorate. 2. In this Ordinance, unless the context otherwise requires: "Accused" includes defendant. "Charge" includes complaint. "Court" means any Court of criminal jurisdiction estab- lished by law in Sierra Leone, but does not include the Court of a native chief in the Protectorate or the Court of a tribal headman in the Colony. "Judge" means a Judge of the Supreme Court. "Prosecutor" includes complainant. "Registrar" means any person appointed to perform the duties of a Registrar in any Court. "Committed for trial'' used in relation to any person, means committed to prison with a view to his being tried before the Supreme Court, and includes a person who is admitted to bail upon a recognizance to appear and take his trial before the said Court. PART I GENERAL PROVISIONS 3. (1)/ Every Court has authority to cause 'to be brought before it any person who is within the local limits of its jurisdiction and i charged with an offence committed within Sierra Leone, or which according to law may be dealt with as it if had been com- mitted within Sierra Leone, and any person within such limits against whom a complaint is made on which the Court has power to make any order for the payment of money or otherwise, and to deal with all such persons according to its jurisdiction. (2) The Supreme Court has in addition authority to cause to be brought before it any person within Sierra Leone if he is charged with an offence over which the Supreme Court has isdiction. 4. (1) A Court (in this section and section 5 referred to as the remitting Court) before which any person who is within the local limits of its jurisdiction and is charged with having committed an offence within the local limits of the jurisdiction of another Court is brought, shall, unless itself authorized to proceed in the case, send him in custody to the Court within the local limits of whose jurisdiction the offence was committed, or require him to give security for his surrender to such last-mentioned Court, there to answer the charge ari to be dealt with according to law. (2) The remitting Court shall send to the Court to which the person charged is remitted for trial an anthonticated copy of the information, summons, warrant, and all other process or documYents in its possession, relative to such person. 5. Where any person is to be sent in custody, a warrant shall be issued by the remitting Court, and that warrant shall be suf- ficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him and deliver him up to the Court to which the person charged is remitted for trial. /THE, PLACE OF 1TJUIRY IJ.D TRIAL THE PLACE OF EP UIRY AITD TRIAL 6. Subject to the provisions of section 10 the place for the investigation and.trial of offences by Courts other than the Supreme Court shall be determined according to the following provisiohs:- (a) An offence shall be enquired into and tried in the district in which it was committed. (b) When a person is accused of the coi-mmission of any offence by reason of anything which has been done, or of anything which has been omitted to be done, and of any consequence which has ensued, such , offence may be enquired into or tried in any dis- trict in which any such thing has been done or omitted to be done, or any such cor.ocquence has ensued. (c) When an act is an offence by reason of its re- lation to another act which is also an offence, or- which Would be an offence if the doer wore capable of committing an offence, a charge of the first mentioned offence may be enquired into or tried S the district in which it happened. or in which the offence, with which it was so connected happened. (d) In any of the cases following, that is to say, wheno it is uncertain in which of several districts an offence was committed; where an offence is committed partly in one district and partly in another; or where an offence is a continuing one, and corntijFr~ to be committed in more districts than one; or where it consists of several acts done in different districts, the offence may be enquired into and tried in any one of such districts. 7. An offence committed whilst the offender is in the course of performing a journey or voyago may be enquired into or tried in a district through or into which the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage. 8. When a person is accused of the commission of an offrnce at sea or elsewhere out of Sierra Leone, which according to lnw may be dealt with in Sierra Leone, the offence may, subject to the provisions of section 46, be enquired into and tricd at any place in Sierra Leone to which the accused person is first brouQ:. or to which he may be taken thereafter. 9. In case any cause is commenced in any other district or place than that in which it ought to have been commenced., the same may, notwithstanding, be tried therein, unless the defenr -- shall object thereto at or before the time when he is called upon to plead or to state his answer in such cause. 10(1) Whenever it is made to appear to a Judge- (a) that a fair and impartial inquiry or trial cannci be had in any criminal Court subordinate to the Supreme Court; or (b) that some question of law of upisnol difft icct, likely to arise; or (c) that an order under this section will tend to the general convenience of the parties or witnesses; or (d) that such an order is otherwise expedient for tl ends of justice. /the Judge... the Judge may order:- (i) That an offence be inquired into or tried by any subordinate Court not empowered by sections 6 and 7 but in other respects competent to enquire into or try such offence: (ii) That an accused person be committed to the Supreme Court for trial. (2) The Judge may act on the application of any party interested after due notice to all other interest parties. (3) When an accused person makes an application under this section, the Judge may, before granting the same, direct him to into a recognizance, with or without sureties, conditioned that he will, if convicted, pay the cost of the prosecution. (4) If, in any criminal cause, before the commencement of the hearing, the Attorney-General, the complainant or the accused notifies to the Court before which the cause is pending his in- tention to make an application under this section in respect of the cause, the Court shall adjourn the cause to such a date as will afford a reasonable time for the application being made, and an order being obtained thereon before the accused is called on for his defence, ARREST GENERALLY. 11.(i) In-making an arrest the constable, court messenger or other person making the same shall actually touch or confine the body of the person to.be arrested, unless there bh a submission to the custody by word or action. (ii) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such constable, court messenger or other person may use sufficient force to effect the arrest but no more. (iii) Nothing in this section giVes a right to cause the death of any person except when a constable, court messenger or private person is legally attempting to arrest the person killed upon a charge of teaason felony or inflicting a dangerous wound and the arrest of such person cannot otherwise be accomplished. (iv) If a constable or court messenger is assaulted or obstructed when making any arrest, it is the duty of any private person, on whom he may call for aid to go to his assistance. 12. If any person acting under a warrant of arrest, or any con- stable or court messenger having authority to arrest, has . reason to believe that the person to be arrested has entered into or is within any place, the person residing in, or being in charge of such place shall, on demand of such person acting as aforesaid or such constable or court messenger, allow him free ingress thereto, and afford all reasonable facilities for a search therein. 13. If ingress to such a place cannot be obtained under section 12, it shall bn lawful in any such case as therein mentioned for a constable or court messenger to enter such place and search therein and, in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain ad- mittance. 14. Any constable, court messenger or other person authorized to make an arrest may break opbn any outer or inner door or win- dow of any house, or place in order to liberate himself or any other person who, having lawfully entered for ea purpose of :'M /a.9g,. making an arrest, is detained therein. In cases of felony and indictable misdemeanor any person acting under a warrant of arrest, or any constable or court messenger hating authority to arrest, if the person to be arrested has entered into or is within any place, shall, on demand, be allowed free ingress thereto and afforded all reasonable facilities for a search thcrlin by the person residing in or being in charge of such place. 15. The person arrested shall not be subjected to more re- straint than is necessary to prevent his escape. 16. The constable or court messenger or other person making an arrest may take from the person arrested any offensive wea- pons which he has about his person, or anything found in his possession likely to afford material evidence for the prosecution in respect of the offence for which the offender has been arrested. Anything so taken from an arrested person shall be produced before the Court. 17. Subject to the provisions of section 68 all arrested persons shall be brought as soon as possible before the Court having jurisdiction in the case, or the Court within the local limits of whose jurisdiction any such person was arrested. ARREST WITHOUT 7' ATPiT. 18. Any private person may arrest without a warrant% (i) Any person who is found committing a felony. (ii) Any person who is accused of hav:.ng committed a felony, if such pffonce has actually Peen committed and such private person has reasonable grounds td believe that the person arrested has committed that offence. (iii) Any person offering to sell, pawl or deliver any property which such private person has reasonable grounds to believe to be stolen property. (iv) Any person to ut to commit an act which would manifestly endanger another porsDn's life. (v) Any person detaining or suspected of detaining any other person with the intent to kidnap or un- lawfully remove him from Sierra Leone. 19. When a private person arrests anyone under section 18 he shall deliver the person arrested, and the property, if any taken into possession by him, as soon as may be to a constable or court messenger. 20. Any constable or court messenger may arrest without a warrant: (i) Any person who within- his view commits any offence. (ii) Any person whom any other persor.positively charges with having committed any felory or any larceny, embezzlement, false pretences or receiving. any (iii) Any person whoqmother person suspects of having committed any felony or any misdemeanour set forth in the last preceding paragraph, if the suspicion of such other person appears to the constable or court messenger to be well founded and he shall declare his name and place of atode to the constable or court messenger and accompanS the latter to the nearest police station or lock rp, if required to do so. /(iv)o.. (iv) Any person whom he has reasonable cause to sus- pect of having committed or being about to commit any felony. (v) Any person whom he finds between sunset and sun- rise lying or loitering in any street, highway, yard, compound or other place, and not giving a satisfactory account of himself. (vi) Any loose, idle or disorderly peron whom he finds in any way disturbing the peace, whether in a public or private place, or causing annoyance to any person. Provided that nothing in this section in any way affect or 'crogate from any other powers conferred on constables or court messengers by this or any other Ordinance. PROCESS 1.G;.I3T THE ACCUSED. 21. In every case the Court may proceed either by way of sum- mnns to the accused or by way of warrant for his arrest in the first instance, according to the nature and circumstances of the case. If the accused is undergoing imprisonment, a warrant to bring him before the Court may be directed to the keeper of any prison within which the accused is confined. 22. For the issuing of a summrons the information need not be put in writing or be sworn to unless the Court so directs. '23. A warrant'shall not be issued in the first instance, unless the information is in writing and on the oath of the person laying the same or of some witness in that behalf. 24. The constable, court iiessenger or other person to whom a summons is delivered for service shall serve the same upon the person to whom it is directed by delivering it to him personally or by leaving it with some other person for him at his last or usual place of abode; and the constable, court messenger or other person who shall serve the same in manner aforesaid shall attend the Court to give evidence as, to service, if required. 25. When a Court desires that summons issued by it shall be served at any place outside the local limV ,'f its jurisdiction it shall send the same to the Court having jurisdiction in that place, and such Court shall cause the said summons to be served and shall send an affidavit of service to the issuring Court, which affidavit shall be evidence of service and the person effecting service shall not ordinarily be required to attend and give evidence as to ser- ice. 26. Notwithstanding the issuing of a summons a.warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused. 27. If a person served with a summons does not obey the summons the Court may issue a warrant for his arrest on being satisfied by evidence, that the summons was served on such person a reason- able time before the time therein appointed for his appearance thereto. 28. A warrant shall remain in force until cancelled or ex- ecuted. The cancellation of a warrant may be effected by the Court issuing it, or by a Court to which such issuing Court is subordinate. 29. When a warrant is directed to more officers or persons than one it maybe executed by all or by any one or more of them. /30.. 30. A warrant may be executed by the arrest of the accused at pny place in Sierra Leone. When a warrant of arrest is executed outside the local limits of the jurisdiction of the Court issuing the warrant the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Court within whose jurisdiction the arrest was made, be taken before such last-mentioned Court which shall deal with him in the same wvy as if brought it under section 4. 31. Any Court issuing a warrant for the arrest of any person may, in its discretion, direct by endorsement on the warrant that, if such person enter into a recognizance with sufficient sureties for his attendance before the Court at a specified time and thereafter unter otherwise directed by the Court,the officer to whom the warrant is directed shall take such security and shall release, such person from custody. The endorsement shall state- (a) the number of sureties; (b) the amount in which they and the person for'whose arrest the warrant is issued are to be respec- tively bound; and (c) the time at which he is to attend before the Court. Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the recognizance to the Court. SEARCH, 32 (1) If any Magistrate of Justice of the Peace is satisfied .y information on oath that in fact, or according to reasonable suspicion, any animal, matter or thing on, by, or in respect of which a criminal offence has been, or is being or is about, to be committed is in any particular premises, vessel, vehicle or place, he may by warrant (called a search warrant) authorize any constable, court messenager or other person naried therein to enter such premises, vessel, vehicle or place (which shall be named in the warrant) if necessary by force and to search the same and every person found therein, and if any animal matter or thing searched for be found, to seize and arrest the occupier of the premises, vessel, vehicle or place if the magistrate or Justice of the Peace thinks fit so to direct. (2) The search warrant shall be executed by the constable, court messenger or other person who shall have charge thereof; but he may be accompanied by ary other persons necessary to assist him. (3) If the premises, vessel, vehicle or place are to or is C' closed, and the said constable, court messenger or other person is not admitted, after making known his authority and demanding admission, he may, if the warrant empowers him to do so, forcibly enter such premises, vessel, vehicle or place and every part thereof. (4) The search warrant shall not ordinarily be executed between the hours of eight o'clock at night and five o'clock in the morning unless the Magistrate or Justice of the Peace issuing the same shall, by an order endorsed thereon, give authority for its execution at any time. 33. In addition to and independently of the facilities provided by section 32, it shall be lawful for any constable or court messenger to detain any person carrying or conveying along any /square... square, street, highway, quay or avenue or other public place any animal, matter or thing which such constable or court messenger shall suspect of having been stolen or otherwise un- lawfully obtained, or in respect of which he shall suspect that any criminal offence has been, is being or is about to be com- mitted, and to examine any box, parcel, basket, bundle, or other package carried"or convoyed by such person which he may reasonably suspect to contain any such animal, matter or thing as aforesaid and if such person does not give a satisfactory account of him- self and of any animal, matter or thing such examination may discover, to arrest such person and cause him to be taken before a Court to be dealt with according to law. 34. Nothing in the last two preceding sections shall authorize any person, other than a Judge, to grant a warrant to search for a document in the custody of the Postal or Telegraph authorities or of any Telegraph Company. 35. When any search warrant has been executed the person who executed it shall return the warrant, together with all animals, matters or things seized thereunder, to the Court which issued the warrant. Upon the receipt of the search warrant and of the animals, matters or things seized thereunder the Court may make an.order as to the immediate= custody of the said animals, matters or things and, at any time thereafter, shall make such an order as to their disposal as may seem proper;o 36. A search warrant issued by a Court in the Colony, or by a Court in any district in the Protectorate, for the discovery of any property stolen or otherwise unlawfully obtained may be executed in any part of the Colony, or in any district of the Protectorate, although such part or district is outside the jurisdiction of the.Court issuing the said warrant, and in every case in which any property alleged to have been solen or otherwise unlawfully obtained is seized in pursuance of this section, it shall be lawful for the constable, court messenger or other person to whom the search warrant was directed, without any special authority in that behalf, to arrest the person on whose premises the property was at the time of seizure, or.the person from whom it was taken, if other than the person on whose premises, it was and take him '. before the Court within whose jurisdiction the seizure was made, to account for his possession of such property and in every such case the Court before whom such person shall be brought shall have jurisdiction to hear and determine the matter notwithstanding that the alleged offence was committed outside the jurisdiction of the said Court. CONTROL OF CROWN IN CRIMINAL PROCELDIPiGS, 37. In any criminal case, and at any stage thereof before judgment, the Attorney-General may enter a nolle prosoqui, either by stating in Court or by informing the Court in writing that the Crown intends the proceedings shall not continue and there- upon Ehe accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognizances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. In case the accused shall not be before the'Court when such nolle prosequi is entered, the Court shall forthwith cause notice inviting of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained, and also shall forthwith cause a similar notice in writing to giten to any witnesses bound over to prosecute and to their sureties (if any) and also to the accused and his sureties in case he shall haVe been admitted to bail. 38. The Attorney-General may order in writing that the powers expressly vested in him by the last preceding section and section 41 of the Jurors and Assessors Ordinance, be Vested for the time being in the Solicitor-General or a Crown Couns1e, and the / exercise o... exercise of these powers by the Solicitor-General or a Crown Coun- sel shall then operate as if they had been exercised by the Attorney- .General; provided that the power to enter a nolle prosequi in any proceedings preliminary to the committal of the accused for trial on information shall not be tested in any person other than the Attorney-General; provided also that the Attorney-General; provided also that .the Attorney-General may in writing revoke any order mase made by him under this section. PREVIOUS ACQUITTAL OR CONVICTION. 39. A person who has been once tried for an offence and convicted or acquitted of such offence, shall not be liable to be tried again on the same facts for the same offence or any other offence of whi-ch he could have been lawfully convicted at the first trial. 40. A person convicted or acquitted of any act causing conse- quences which together with such act constitute a different offence from that for which ach person was convicted or acquitted, may be afterwards tried for such last-mentioned offence, if the conse- quences had not happened or were not known to the Couri to hav-* happened at the time when he was acquitted or convicted. 41. In any charge or information against any person in which evidence of the previous.conviction of such person for any offence is relevant to the issue, a certificate containing the substance and effect only (omitting the formal part) of the charge or inform- ation and conviction for such offence, purporting to beg signed by the officer having the custody of the records of the Court where the offender was convicted orTy the deputy of such officer, shall,upon proof of the identity of the person convicted,'be sufficient evidence of the said conviction without proof of the signaturee or official ch character of the person appearing to have signed the same. RULES LA TO INFORMATION AND CHARGES. 42. The rules contained in the first Schedule with respect to charges and informations shall have effect as if enacted in this Ordinance, but those rules may be added to, varied, revoked, or re- voked and replaced by further rules made by the Chief Justice with the approval of the Legislative Council, and the Chief Justice is hereby empowered to make such further rules. 43 (1) Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specifieC offence or offences with Which the accused is charged, together with such particulars a may be Aecessary for giving reasonable information as to the nature of the charge. (2) Notwithstanding any rule of law or practices a charge or information shall, subject to the provisions of the Ordinance not be open to objection in respect of its form or contents, if it is framed in accordance with the rules under this Ordinance. JOINDER OF CHARGES AND-DEFENDANTS. 44. Subject to the provisions of the rules under section 42, charges for more than one felony or for more than one misdemeanor, and charges for both felonies and misdemeanors may, if those charges are founded on the same facts or form or are a part of a series of offences of the same or a friillierharacter, be joined in the same complaint, charge sheet or information and tried at the same time, but where under the provisions of this -section a felony is tried to- gether with a misdemeanour in the Supreme Court, then if the trial is with a jury, the jury shall Tbe sworn and the person accused shall have the same right of challenging jurors as if all the offences charged in the information were felonies. 45, Where more persons than one are accused of the same offence, or of different offences, committed in the course of the same trans- action, or where one person is accused of committing any offence and another is aiding andabeting or being accessory to or of attempt- ing to commit such offence, such persons may be charged and tried to- gether or separately as the Court thinks fit. /46.o. OFFENCES BY FOREIGNERS WITHIN THE COLONIAL WATERS. 46. (1) Proceedings for the trial of any perLon who is not a subject of His Magesty or a native of the Protectorate, for an offence committed in the open sea within one marine league of the coast of Sierra Leone, measured from low-water mark, shall not be instituted in any Court except with the consent of the Governor and upon his certificate that it is expedient that such proceeding should be instituted. (2) This section is subject to the following provisions:- (a) Proceedings before a Magistrate previous to the committal of an offender for trial or to the deter mination of the Magistrate that the offender is to be put upon his trial, shall not be deemed pro- ceedings for the trial of the offence committed by such offender for the purposes of the said con- sent and certificate under this section. (b) It shall not be necessary to aver in any charge or infromation that the certificate of the Gover- nor required by this section has been given; and the fact of the same having been given shall be presumed unless disputed by the defendant at the trial, and the production of a document purporting to be signed by the Governor and containing such consent and certificate shall be sufficient evidence of the consent and certificate required by this section. (c) This section shall not prejudice or affect the trial of any act of piracy as defined by the law of nations. Df,UMiGLS AND COSTS. 47.. The Court may order any person convicted before it of any offence, if it is of opinion that the person or property of the prosecutor hns received damage by the committing of such offence, to pay the prosecutor such sum as shall appear to the Court to be reasonable amends (not exceeding in the case of a summary conviction five pounds) in addition to or in lieu of any other punishment. /48...... 48. The Court may order any person convicted before it to pay all or any specified part of the expenses of his prosecution. 49. Where it appears to the Court that a charge Ts malicious or frivolous and vexatious, the Court may order the prosecutor to pay all or any specified part of the expenses of the pro- secution or of the defence. 50. When exercising the powers conferred upon'it by the last two preceding sections, the Court may order that the whole or such portion as the Court thinks fit of the expenses so paid be paid over to the prosecutor or to the accused, as the case may be. 51. Any damages, amends or expenses awarded under the last four preceding sections, shall not be regarded as a penalty, but shall be recoverable as a judgment debt in the Court by which the order for payment is made. Provided that nothing in this section contained shall in any way affect or limit the powers conferred upon the Court by the next two succeeding sections. RESTITUTION OF PROPERTY. 52. Where upon the arrest of a person charged with an offence any property is taken from him, the Court before which he is charged may, if it thinks fit, order that the property or a part thereof be restored to him or to such pther person as he may direct. 53.(1) Where any person is convicted of having stolen or other- wise obtained any property by means of any felony or misdemeanor. the Court convicting him may order that the property or a part thereof be restored to the person who appears to it to be the owner thereof, either on payment or without payment by the uwner to the person in whose possession such property or a par thereof then is, of any sum named in such order. (2) This section shall not apply to- (a) any valuable security which has been bona fide paid or discharged by any person liable to pay or dis- charge the same; or (b) any negotiable instrument which shall have been bona fide received by transfer or delivery by any pardon for a just and valuable consideration without notice, or without any reasonable cause to suspect, that it had been stolen or otherwise dishonestly obtained; or (c) any offence against sections 20, 21, and 22 of the Larceny Act, 1916. (3) On the restitution of any stolen property if it appears to the Court by the evidence that the person convicted has sold the stolen property to any person, and that such person has had no knowledge that the same was stolen, and that any moneys have been taken from the person convicted on his apprehension and not returned to him under section 52, the Court riay, on the application of such purchaser, order that out of such moneys a sum not exceeding the amount of the proceeds of such sale be delivered to the said purchaser. PRESERVATION OF TESTIMONY IN CERTAIN CASES. 54. Whenever it appears to any Court that any person dangerously ill or hurt, and not likely to recover, is able and willing to give material information relating to any offence, and it shall not be practicable to take the deposition in accordance with the provisions of Part III in relation to preliminary investigations of the person so ill or hurt, such Court may take in writing the statement on oath or affirmation of such person, and shall subscribe the same, and certify that it contains accurately /the whole... the whole of the statement made by such person, and shall add a statement of the reason for taking the same, ad of the date and place when and where the same was taken, and shall preserve such statement and file it for record. 55. If the statement relates or is expected to relate to an offence, for which any person is under a charge or committal for trial, reasonable notice of the intention to take the same shall be served upon the prosecutor and accused, and if the accused is in custody, he shall be brought by the person in whose charge ht is under an order in writing of the Court, to the place where the state- ment is to be taken. 56. If the statement relates to an offence for which any person is then or subsequently committed for trial, it shall be transmitted to the Court in which such person is to be tried and a copy thereof shall be transmitted to the Attorney-General. 57. Such statement so taken may afterwards be used in evidence on the trial of-any person accused of an offence to which the same, relates, if the person who made the statement be dead, or the Court is satisfied that for any sufficient cause his attendance, cannot be procured, and if reasonable notice of the intention to take such statement was served upon the person against whom it is to be read in evidence and he had or might have had, if he had chosen to be present, full opportunity of cross-examining the person making the same. The signature and attestation of the Judge of Magistrate by whom such statement was taken shall be sufficient prima facie proof of any statement, and that the same was taken in all respects ac- cording to law, and such attestation and signature shall be admitted without proof unless the Court shall see reasons to doubt the genuineness thereof. DEPOSITIONS AND STATEMENT. 58. Where any person has been committed forttrial for any offence, the deposition of any person taken before the ccommitting magistrate may, if the conditions hereinafter set out are satisfied, without further proof be read as evidence on the trial of that person, whether for that offence of for any other offence arising out of the same transaction, or stt or of circumstances, as that offence. The conditions hereinafter referred to are the following- (a) The deposition must be the deposition of a wit- ness whose attendance at the trial is stated to be unnecessary in accordance with the provisions of section 110A or of a witness who cannot be found, or whose attendance cannot be.procured with out an amount of delay, expense or inconvonience,- which, in the circumstances of the case, the Court considers unreasonable, or who is proved at the trial by the oath of a credible witness to be dead or insane, or so ill as not to be able to travel, or to be kept out of the way by means of the procurement of the accused or on his behalf; (b) it must be proved at thn trial either by a certi- ficate purporting to be signed by the magistrate before whom the deposition purports to have been taken or by the clerk to aich magistrate, that the deposition was taken in the presence of the accused, and that the accused or his advocate had full opportunity of cross-Esamining the witness: (c) the deposition must purport to be signed by the magistrate before whom it purports to have been taken: Provided that the provisions of this section shall not have effect in any case in which it is proved- (1) that the deposition, or, where /the.. the proof required by paragraph (b) of this section is given by means of a certificate, that the certificate was not in fact signed by the magistrate by whom it purports to have been signed: or (ii) where the deposition is that of a wit- ness whose attendance at the trial is stated to be unnecessary as aforesaid, that. the. witness has been duly notified that he is required to attend the trial. 58A. (1) The deposition of a medical officer or other medi- cal witness, taken and attested by a magistrate in the presence of the accused person, may be read as evidence, although the deponent is not called as a witness. (2) The Court may, if it thinks fit, or on the ap- plication of the accused person hhall, summon and examine such deponent as to the subject matter of his deposition. (3) The provisions of this section shall be in ad- dition to and not in derogation of any other pro- visions of this Ordinance. 59. Any statement made by the accused at the preliminary in- vestigation may be given in evidence if admissible according to the rules of evidence. 60. The signature and attestation of the Magistrate holding the preliminary examination shall be sufficient prima facie proof of any deposition or statement and that the same was taken in all respects according to law, and such attestation and signature shall be admitted without proof, unless the Court shall see reason to doubt the genuineness thereof. 61. Upon a trial where the cause of death of a deceased person comes into question, the declaration of such deceased person, whet- her it be made in the presence of the accused person or not, may be be given in evidence if the deceased person at the time of making such declaration believed himself to be in danger of imminent death and entertained at the time of making no hopes of recovery. 61A(1)Any document purporting to be an original report under the hand of any Government medical practitioner, analyst, chemical ex- aminer or geologist, or of any assayer or mineralogist recognised by the Governor for the purposes of this section by notification pub- lished in the Gazette, upon any substance or thing admitted to him for examination or analysis and report, may, if it is directed to the Court or is produced by any Police officer to whom it is directed or someone acting on his behalf, be used as evidence of the facts therein stated in any enquiry, trial 7r other proceeding under this Ordinance. (2) Any document purporting to be an original report under the hand of a qualified medical practitioner relating to the nature or extend of the injuries of any person certified to have been examined by such practitioner, may, if it is directed to the Court br isrproducedtby rj any Police officer to whom it is addressed or by someone acting on his behalf, be admitted as evidence of the facts therein stated in any preliminary investigation or trial before a Magistrate's Court. (3) Any document purporting to be an original report under the hand of a person gazetted as an examining officer, relating to the condition of any motor vehicle or trailer, may if it is directed to the Court or produced by any Police officer to whom it is addressed or by someone /acting. acting on his behalf, be preliminary investigation or trial before a Magistrate's Court. For the purposes of this sub- section the expressions "examining officer", "motor behicle" and "trailer" shall have the meaning respectively assigned to them under the Motor Traffic Ordinance. (4)The Court may presume that the signature of any such do- cument is genuine, and th:t the person signing it held the office which he professed to hold or was recognized as an assayer or mineralogist at the time when he signed it. (5) Upon receiving such report in evidence the Court shall, if it thinks such a course proper for the ends of justice, summon and examine such medical practitioner, analyst, chemical examiner, geologist, assayer or mineralogist, or a person gazetted in accordance with the provisions of sub- section (3) of this section, as a witness or cause his evidence to be trken on commission as the case shall require. LUNLCY OF ACCUSED AND DEFENCE OF LUNACY. 62.(1) When in the course of a trial or preliminary investigation (but not an inquest), the Court has reason to believe that the accused is of unsound mind and consequently incapable of making his & defence, it shall enquire into the fact of such unsoundness. (2) If the Court is of opinion that the accused is of unsound mind and consequently incapable of making his defence, it shall post- poned further proceedings in the case. (3)If the case is one in which bail may be taken, the Court shall release the accused on sufficient security being given that he sall be properly tcken care of and shall be prevented from doing injury to himself or to any person or property, and for his appearance be- fore the Court or such officer as the Court may appoint in that be- half. (4)If the case is one in which bail may not be taken, or if sufficient security is not given, the Court shall report to the Governor who may order the accused to be confined in a mental hospi- tal,prison or other suitable place of safe custody, and the Court shall issue a warrant in accordance with such order. 63. When the accused appears to be of sound mind at the time of the preliminary investigation, the Court, notwithstanding that it is alleged that at the time when the act was committed in respect of which the accused person is charged he was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that it was wrong or contrary to law, shall proceed with the case, and if the accused ought to be committed for trial, the Court shall so commit him. 64. When any act or omission is charged against any person as an offence, and it is given in evidence on the trial of such person for that offence that he was instance so as not to be responsible for his action at the time when the act was done of omission made, then if if appears to the Court before whom such person is tried that he did the act or made the omission charged, but was instance as aforesaid at the time when hd did or made the same, the Court shall make a special finding to the effect that the accused was guilty of the act or omission charged, but was instance as aforesaid when he did the act or made the omission. When such special finding is made the Court shall meanwhile order the accused to be kept in custody as a criminal lunatic in such place and in such manner as the Court shall direct, and shall report the case for the order of the Governor. The Governor may order such person to be confined in a mental hospital, prison, or other suitable place of safe custody during pleasure. 64A (1) The Superintendent of a mental hospital, prison or. other place in which any person (hereinafter referred to as a criminal lunatic) is detained by virtue of an order made under section 62 ofr. or section 614 shall make a report to the Governor together with a report by a medical officer at such times (not being loss than once a year) and containing such particulars as the Governor may require of the condition and circumstances of every criminal lunatic in such mental hospital, prison or place ; and the Governor shall, at least once in every three years during which a criminal lunatic is detained in any mental hospital, prison or other place, take into consideration the condition, history and circumstances of such rimin- al lunatic and determine whether he ought to be discharged or other- wise dealt with. (2) Where a criminal lunatic is conditionally discharged in pursuance of this Ordinance, a report of his condition shall be made to the Governor by such person, at such times and contain such particulars as may be required by the ordor of discharge. (3) In this section the expression "Superintendent" in- cludes the Medical Superintendent of a mental hospital. 64B (1) The Governor may from time to time by order direct the transfer to a mental hospital, prison or other suitable place of safu custody of any criminal lunatic detained in any other mental hospital, prison or other suitable place of safe custody and such criminal lunatic shall accordingly be rucoived and detained in the mental hospital, prison or other place of safe custody, to which he is so transferred. (2) The Governor by order may absolutely discharge any cri- minal lunatic and may also discharge any criminal lunatic condition- ally that is to say, on such conditions as to the duration of such discharge and otherwise as t\, Governor may think fit. (3) Where in pursuance of this section a criminal lunatic has boon discharged conditionally, if any of the conditions of such discharge appear to the Governor to be broken or the conditional discharge is revoked, the Governor may by order direct him to be taken into custody and to be conveyed to some mental hospital, prison or other place of safe custody named in the order; and he may there- upon be taken in like manner as if he had escaped from such mental hospital, prison or other place of safe custody, and shall be re- ceived and detained therein as if he had been removed thereto in pursuance of the foregoing provisions of this Ordinance. 65. Whenever any preliminary investiLation or trial is post- poned under section 62, the Court may at any time resume the pro- liminary investigation or trial and r.quiro the accused to appear or be brought before such Court, when, if the Court considers him capable of making his defence, the preliminary investigation or trial shall proceed. But if the Court considers the accused to be still incapable of making his defence the accus d shall be dealt with as though the preliminary investigation or trial had not been resumed. 66. If a peron is confined inamcntal hospital unc.er the pro- visions of section 62 and the medical superintendent of such asylm certifies that, in his opinion, the accused ihnatic is capable of making his defence, such accused shall -o taken before the Court at such time as the Court appoints, to be dealt with according to law and the certificate of such medical superintendent shall be receiv- able in evidence, ADIISSIOF TO BAIL 67. (1) A person charged with murder or treason shall not be admitted to bail, except by a Judge. (2) When a person is charged with any felony, other than , mur er or treason, the Court may, if it thinks fit, acdit him to bail. (3) lhon a person is charged with any offence other than those referred to in the last two preceding sub-sections, the Court shall admit him to bail, unless it sees good reason to the con- trary. (4) A person may be admitted to bail at any time, and thereupon shall be discharged from custody or prison if he is not detained for any other cause. (5)-A Judge may, if he thinks fit, admit any person to bail although the Court before whom the charge is pending has not thought fit to do so. (6) The accused who is to be admitted to bail shall procure such surety or sureties as in the opinion of the Court will be sufficient to ensure his appearance as and when required, and shall with him or them enter into a recognizance accordingly. Provided that the Court may dispense with sureties if, in its opinion, the so dispensing will not tend to defeat the ends of justice. (7) When the accused is required to procure a surety or sureties the recognizances of the sureties may be taken separately and either before or after the recognizance of the accused. 68.(i) NotWithstanding anything in the last prenoding section contained, any police officer or constable in charge of a police station in the Colony ana any court messenger in charge of a lock-up fn the Protectorate, may take bail by recognizance conditioned for the appearance of an accused person before the Magistrate's Court, on a day and at a place to be mentioned in such recognizance, there and then-to be dealt with according to law, in the following cases:- (a) When an accused person is arrested without warrant between the hours of six in the evening and six in the morning on a charge of having committed som petty offence; and (b) When an accused person is arrested under a warrant endorsed for bail as provided by section 31. (2) A recognizance so taken shall be of full and equal obliga- tion on the parties entering into the same, and liable to all proceedings for 'the forfeiture and levy of recognizances provided by section III. (3) Such police officer or constable or court messenger as aforesaid shall enter in a book, kept for that purpose in every police station in the Colony and lock-up in the Protectorate, the name, residence and occupation of the person entering into the recognizance, and of his surety of sureties,,if any, with the condition of the recognizance, and the sums deposited or acknowledged. (4) Such book shallbe laid before the Iagistrate present at the.time when and place where the recognizer is required to .appear, and such IIagistrate may enlarge the recognizance to such further time as he may appoint. MISCELLAfEOUS PROVISIONS. 69. If on the taiMl of any person charged with any offence it shall appear upon the evidence that the defendant did not com- plete the offence charged, but was guilty of attempting to com- mit the same, or to cause such offence to be committed such defendant shall not be acquitted, but a verdict may be returned of not guilty of the offence charged, but guilty of any attempt to commit the same, and thereupon the defendant shall be punished as if convicted on a charge or information for attempting to com- mit such offence, and not person so tried as herein last ment: shall be afterwards prosecuted for an attempt to commit the offence for which he was so tried. /70.. 70.(1) When a person is charged with murder he may, if the evi- dence so warrants, be acquitted of murder and convicted of mane slaughter though he was not charged with that offence. (2) When a person is charged with robbery and it is proved that he committed an assault with intent to rob, he may be acquitted of robbery and convicted of an assault with intent to rob though he was not charged with that offence. 71.(1) If on any trial for any of the offences mentioned in sections 25,26.27 and 28 of the Larceny Act, 1916, the facts proved in evidence authorize the conviction for some other of the said offences and not the offence wherewith the defendant is charged, he may be found gulity of the said other offence and thereupon he shall be punished as if he had been convicted on a charge or an information changing him with such offence, Brovided that no person shall be convicted under this sub-section of an offence, the maximum punishment for which is greater than that prescribed for the offence charged. (2) When a person is charged with any offence against section 17 of the Larceny Act, 1916 (relating to embezzlement) and it is proved that he stole the property in question, he may be convicted of stealing it although he was not charged with that offence; and when a person is charged with stealing any cattel, money or valu- able security he may, in like manner, be convicted of embezzle- ment, or of fraudulent application or disposition as the case may be. (3) When a person is charged with stealing any chattel, money or valuable security, and it si proved that he received the thing knowing it to have been stolen, he may be convicted of receiving although he was not charged with that offence. (4) When a person is charged with stealing and it is proved that he obtained the chattel, money or valuable security in question in anu such manner as would amount under the provisions of the Larceny Act, 1916, to obtaining it by false prestences with in- tent to defraud, he may be convicted of obtaining it by false pretences although he was not charged with that offence. (5) When a person is charged with obtaining any chattel, money or valuable security by false protences with intent to to de- fraud and it is proved that he stole the property in question he may be convicted of stealing it although he was not charged with that offence. (6) When two or more persons are charged with jointly receiving any property, and it proved that one or more of such persons separately received any part of such property, such of the said persons as are proved to have received any part of such property may be convicted upon such charge. 72. If, on any trial for misdemeanor, the facts given in evidence amount to felony, the defendant shall not be therefore acquitted of such misdemeanour; and no person tried for such misdemeanor shall be liable afterwards to be prosecuted for felony on the same facts. EVIDENCE Op PSS.ON CHARGED A1\JD OF HUSBAND AN WIVE. . 73. Where a person charged with an offence is married to another person by a marriage other than a Christian marriage, such last- named persons shall be competent and compellable witness bn be- half either of the prosecution or of the defence: Provided that no party to a IJohaimedan marriage shall be compellable to dis- close any communication made to him or her during the marriage by the other party. 74. Every person charged with an offence, and the wife or husband, as the case may be, of the person so charged, shall be a competent witness for the defence at every stage of the pro- L /peedings... ceedings, whether the person so charged is charged solely or jointly with any other person. Provided as follows:- (a) A,porson so charged shall not be called as a witness in pursuance of this Ordinance except upon his own application. (b) The failure of any person charged with .an offence, or of the wife or husband, as the case may bo, of the person so charged, to give evidence shall not be made the subject of any comment by the prosocutioo., (c) The wife or husband of the person charged shall not, save as in this Ordinance mentioned, be called as a witness in pursuance of this Ordinance, except upon the application of the person so charged. (d) Nothing in this Ordinance shall make a husband com- pellable to disclose any communication made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage. (e) A person charged and being a witness in pursuance of this Ordinance may be asked any question in cross- examination, notwithstanding that it would tend to criminate him as to the offence charged. (f) A person charged and called as a witness in pursu- ance of this Ordinance shall not be asked, and if asked shall not be required to answer any question /to tendingsohow that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless:- (i) The proof that he has committed or been con- victed of such other offence is actmisible evidence to show that he is guilty of the offence wherewith he is then charged; or (ii) He has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good charac- ter, or the nature or conduct of the defence is such as to involve imputation on the character of the prosecutor or the witnesses for the prosecution; or (iii) IH has given evidence against any other person charged with the same offence. (g) Every person called as a witness in pursuance of this Ordinance shall, unless otherwise ordered by the Court, give his evidence from the witness box or other place from which the other witnesses give their evidence. (h) Nothing in this Ordinance shall affect the provisions of section eighteen of The Indictable Offences Act, 1848, or any right of the person charged to make a statement without being sworn. 75. When the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution. 76. In cases where the right of reply depends upon the question whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of /itself.. itself confer on the prosecution the right of reply. 77.(a) The wife or husband or a person charged with an offence under sections forty-eight to fifty-five of the Offences against the Person Act, 1861, or under the Harried Women's T'intenance Ordinance, m.y be called as a witness either for the prosecution or defence and without the consent of the person changed. (b) Nothing in this Ordinace shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness, without the consent of that person. 78. For the purposes of Sections 73 to 77:- "Christian marriage" means a marriage which is recognized by the law of the place where it is contracted ;' as the voluntary union for life of one man and one wo- man to the exclusion of all others. "Husband and wife" means a-husband and wife of a Christian marriage. PART II SUL i.i J' TRIIL. 79. Trials in the Nagistrate's Courts shall be conducted sum- marily in the manner and subject to the condition laid down in this part. 80. When the accused comes before the Court on summons or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear, the Court shall dismiss the charge, unless for some reason it thinks fit to adjourn or further adjourn the hearing. If both parties appear the Court shall proceed to hoar and finally determine the charge. 81. The room or place in which the Court sits to hear and de- termine the charge is an open and public Court, to which the public generally shall have access as far as it can conveniently contain them. 82. The substance of the charge shall be stated to the accused, and he shall be asked if he admits or denies the truth of the charge. If he admits the truth of the charge the Court may convict him thereof, or refuse to accept a plea of guilty, as it thinks fit. 83. If he does not admit the truth of the charge of the Court refuses to accept a plea of guilty, the Court sahll proceed to hear the prosecutor and his witnesses and other evidence, if any. The accused may put questions to each witness produced agianst him, and the answer of the witness thereto shall be part of his evidence. If the defence does not employ counsel, the Court shall, at the close of the examination of each witness for the prosecution, ask the accused whether he wishes to put any questions to that witness. 84. At the close of the evidence in support of the charge, if it appears to the Court that the case is made out against the accused sufficiently to require him to make a defence, the Court shall ask him if ho wishes to make a defence to the charge, or has any witnesses to examine, or other evidence to adduce in his defence, and the Court shall then hear tle accused and his /witnesses.. witnesses and other evidence, if any. If the accused states that he has witnesses to call but they are not present, the Court may, under the circumstances set forth in section 102, take the steps therein mentioned to compel their attendance. 85. If the accused adducess in his defence any evidence other than evidence as to character, the prosecutor may adduce evidence in reply thereto. But, except with the leave of the Court, the prosecutor shall not in any case be allowed to make any observations by way of reply to the evidence adduced by the accused nor, without such leave as aforesaid, shall the accused in any case be allowed to make any observations on evidence adduced by the prosecutor in reply. 86. A variance between the charge and the evidence adduced in support of it with respect to the time at which the alleged crime or offence was committed is not material, if it is proved that the charge was in fact made within the time, if any, limit by lww for the making thereof. But if any variance between the charge and the evidence appears to the Court to be such that the accused has been thereby deceived or embarrassed, the Court shall adjourn the hearing and allow any witness to be recalled, and such questions to be put to him as by reason of the terms of the charge may have been omitted. The Court may make any amendment of the charge on such terms as may seem to it to be just. 86A Where at any strge of a trial the Court is of the opinion that the accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same charge or that for any other reason it is desirable to direct that the accused should be tried separately for any one or more offences charged in one charge, the Court may order a separate trial of any offence or offences charged therein. 87.(1)At any time during the hearing of the charge the Court may, if it thinks fit, adjourn the hearing. (2) An adjournment ordered for any reason shall be made to a certain time and place appointed, and stated at the time of adjourn- ment in the presence and hearing of the parties. 88. During an adjournment the Court may in its discretion, ac- cording to the nature and circumstances of each case and subject to the provisions of section 67, either suffer the accused to go at large or commit him by warrant to such prison or other place of security, or to such other safe custody as the Court thinks fit, or may discharge him on his entering into a recognizance with or without a surety or sureties, at the discretion of the Court, for his appear- ance at the time and place of adjournment. 89.(1) If at any time or place appointed by summons or on the ad- journment of a hearing once begun the accused does not appear and if, in the former case, service of the summons on the accused a reason- able time before the time for his appearance as aforesaid is duly proved, the Court may, if it thinks fit and provided that the charge is not one of felony, proceed with the hearing, and may convict the accused in his absence, or refrain from doing so until he shall be brought before it. (2) The Court may set aside any conviction made in the absence of the accused upon being s-tisffed that his absence was due to causes over which he had no control, and that he has a probable defence upon the merits. (3) Any sentence of imprisonment passed under sub-section (1) of this section shall be deemed to commence from the date of arrest. (4).... (4) If the.accused person who has not appeared as aforesaid is charged with felony, or if the Court in its discretion refrains from convicting the accused in his absence, the Court shall issue a warrant for the arrest of the accused, and cause him to be before the Court. 90. The Court, having heard the witnesses and other evidence adduced, and what may be.alleged by the parties themselves or their counsel, shall consider the whole matter, and finally determine the case, and shall either convict the accused nr dismiss the charge and shall cause an entry to be mrde in the Court Record Book of the point or points for determination, the decision therein and the reasons for the decision. Provided that the Court may, at any time before such final determination upon being satisfied that there are sufficient grounds for so doing, allow the prosecutor to withdraw any change against the accused whereupon such charge shall be deemed to be dismissed. 91. If, in the course of the hearing, circumstances should appear which shall cause the Court to be of opinion-that the offence, on account of its aggravated character or other sufficient reason is not suitable to be disposed of upon summary trial, the Court may in- stead, of adjudicating, commit the accused for trial on information before the Supreme Court and in such case shall follow the procedure directed in Part III in relation to prelimineay investigations. PART III PRELIMINARY INVESTIGATIONS. 92. The following procedure shallbe adopted by Magistrates when the case is triable by the Supreme Court or, in the opinion of the Magistrate, ought to be tried by such Court. 93. The room or place in which the investigation is held is not an open or public Court for the purpose, and the Court may, if it thinks that the ends of justice will be serve by so doing, order that Ao person shall have access to, or be, or remain in the room or place without the express permission of the Court. 94. Where the accused comes before the Court on summons or warrant or otherwise, the Court shall, after explaining to the accused the nature of the charge or charges against him, proceed in his presence to take the statements on oath of those who know the facts and cir- cumstances of the case, and put them in writing, and these statements so taken shall be called the depositions, witness The accused may put questions to each/produced against him, and the answers of the witness thereto shall be part of his deposi- tions. 95. Section 95 of the principal Ordinance is hereby repealed. 96. The Court shall at the close of the examination of each wit- ness for the prosecution, ask the accused whether he wishes to put any question to that witness and shall record his answer on the de- positions. The deposition of each withess shall be read over to such witness, and shall be signed by him or attested by his mark and by the Magistrate. /97.... 97. No objection to a charge, summons or warrant for defect in substance or in form, or for variance between it and the evidence of the prosecution, shall be allowed; but if any variance appears to the Court to be such that the accused has been thereby deceived or misled, the Courtmay on his application, adjourn the investi- Lrc nation and allow any witness to beQcalled and such questions to be put to him, as, by reason of the terms of the charge, may have been omitted. The Court may allow a charge to be amended on such terms as may be just. 98.(1) If from the absence of a witness, or from any other reason- able cause recorded in the minutes the Court considers it advis- able to adjourn the examination and the accused is not admitted to bail, the Court may, by warrant, from time to time, remind the accused for a reasonable time, not exceeding eight clear days at any one time, to some prison or other place of security. Or, if the remand is for not more than three clear days, the Court may, by word of mouth, order the officer or person in whose custody the accused is, or any other fit officer or person, to continue to keep the accused in his custody, and to bring him up at the time Eppointed for the commencement or continuance of the examination. During remand the Court may nevertheless, order the accused to be brought before it. (2) Should the Magistrate who commenced or continued the pre- liminary investigation be unable for any sufficient reason to continue if after an adjournment, it shall not be necessary for his successor to re-commonce such investigation unless it appears to him that the case is one upon which he should himself adjudi- cate under section 106. 99. A Magistrate may, if he is compelled to interrupt the con- duct of a preliminary investigation by sickness, absence or other sufficient cause, appoint a deputy in writing under his hand, and such deputy shall, for the purposes of section 98 (1) (but in re- spect of the power to remand only), have the like powers as if he were the Magistrate. 100.(1) After the examination of the witnesses called on behalf of the prosecution, and provided that the Court does not consider that the case, should be dealt with in accordance with the pro- visions of section 103, the Court shall address the accused as follows:- "the charge (or charogs) is (or are)...... (read the charge or charges). Having heard the evidence do you wish to say anything in answer to the charge (or charges) ? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial. And I give you clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any throat which may have been holden out to inducr you to make any admission or confession of your guilt. But that whatever you shall now say may be given in evidence notwithstanding such promise or threat". And the Court shall then hear the accused. (2) The whole of the statement of the accused shall be recorded in full, and shall be shown or read to the accused, and he shall be at liberty to explain or add to his statement. (3) When the whole is made conformable to what the accused declares is the truth, the statement shall be attested by the Magistrate, who shall certify that such statement was taken in his presence and hearing and contains accurately the whole state- ment made by the accused. The accused shall sign or attest by his mark such record. If he refuses, the Court shall add a note of his refusal and the statement may be used as if he had signed or attested to it. 101. Immediately after the accused shall so have had opportunity of making his answer to the charge, the Court shall ask him whether he desires to give evidence on his own beEalf and whether he desires to call any witnesses, and the evidence of the accused together with the depositions of such witnesses as the accused shall call, and who shall appear on his behalf, shall then be takine in like manner as in the case of the witnesses for the prosecution. 102. If the accused states that he has witnesses to call, but that they are not present in Court, and the Court is satisfied that the absence of the witnesses is not due to any fault of the accused, and that there is a likelihood that they could, if pre- sent, give material evidence of his behalf, the Court may adjourn the investigation and issue process, or take other steps, to compel the attendance of such witnesses. 103. If the Court considers that the evidence against accused is not sufficient to put him on his trial, the Court shall forth- with order him to be discharged as to the particular charged under inquiry; but such discharge shall not be a bar to any sub- sequent charge in respect of the same facts. Provided that nothing contained, in this section shall pre- vent the Court from either forthwith, or after such adjournment of the investigation as may seem expedient in the interests of justice, proceeding to investigate any other charge upon which the accused may have been summoned or otherwise brought before it, or which in the course of the charge so dismissed as aforesaid it may appear that the accused has committed. 104. If the Court considers the evidence sufficient to put the accused on his trial, the Court shall commit him for trial upon information before the Supreme Court and shall, until the trial either admit him to bail or send him to prison for safe-keeping. The warrant tf such first named Court shall be sufficient authority to the keeper of any prison appointed for the custody of prisoners committed for trial, although out of the juris- diction of such Court. 105. When there is a conflict of evidence, the Court shall con- sider the evidence to be sufficient to put the accused on his trial if the evidence against him is such as, if uncontradicted, would raise a probable presumption of his guilt, notwithstanding that it is contradicted in material points by evidence in favour of the accused, unless the Court, for reasons recorded on the minutes, shall see fit to deviate from this provision. 106.(1) If during the course of a hearing in any case in which depositions are being taken down with a view to the committal for trial of the accused, the Court shall conclude that, having regard to the circumstances of the case, the offence is one which, if proved, can be suitably dealt with uncor the powers in criminal causes possessed by the Court, the Court may, with the consent of the accused but not otherwise, proceed to hear and finally determine the case in a summary manner. (2) The Court before asking, in pursuance of this section, the accused whether he consents to the case being heard and finally determined summarily, shall explain to him the difference between the case being dealt with summarily and in the usual /course. course. In the event of the accused thIn giving his consent to the case being dealt with summarily the Court shall call upon him to ?&er plead to the charge, and forthwith inform him of his right to recall all of any of the witnesses for the prosecution, who shall have been heard, and to subject them to any further cross-examination as if such witnesses had not previously been cross-examined. Upon taking these steps the Court shall proceed to hear and finally de- termine the matter in accordance with the provisions of PART II re- lating to summary trials. 107. A person who has been committed for trial shall be entitled at any time before this trial to have a copy of the depositions en payment of a reasonable sum not exceeding fourpence for every seventy-two words, or, if the Court thinks fit, without payment. S.". The Court shall, at the time of committing him for trial inform the accused of the effect of this provisions 108. The written charge (if any), the depositions, the statement of the accused, his answer recorded inder section 101 (if any), the recognizances of bail (if any) and any documents and things which have been put in evidence, shall be transmitted in proper time to the Supreme Cour^tnauthenticated copy of the depositions; documentary exhtibts and statement and answer aforesaid shall be transmitted to the Attorney-General. BINDING PROSECUTOR AND WITNESSES BY RECOGNIZANCE. 109. ThelCourt may bind by recognizance', with or without a surety or sureties, as it may deem requisite, the prosecutor and every witness to appear at the trial to prosecute, or to prosecutor and give evidence or to give evidence (as the case may be), Ezery Mag- istrate before whom any such recognizance shall be taken shall give a written notice to the person or persons entering into the same specifying the date and place at which his or their peBsonal ap- pearance is required, ad the consequences of any failure to fulfil such obligation. 110. If a person refuses to enter into such recognizance the Court may commit him to prison, or into the custody of any officer of the Court, there to remain until after the trial, unless in the meantime Ee enter into a recognizance. But if afterwards, from want of sufficient evidence or other cause, the accused is discharged, the Court shall order that the person imprisoned for so refusing be also discharted. 110A.(1) Where any person charged before a Magistrate/s Court with an offence triable upon information before the Supreme Court is'committed for trial, and it appears to such Magistrate's Court, after taking into account anything which may be said vith reference thereto by the accusedor the prosecutor, that the attendance at the trial of any witness who. has been examined before it is unnecessary by reason of anything contained in any statement by the accused per- son# or of the evidence of the witness being merely of a formal nature, the Magistrate's Court shall, if the witness has not already been bound over, bind him over to attend the trial conditionally upon notice given to him and not otherwise, or shall, if the witness has already been bound over, direct that he shall be treated as having been bound over to attend the Supreme Court aLstatement in writing of the names, addresses and occupations of the witnesses who are to be treated as having been, bound over to attend the rial con- ditionally. (2) Where a witness has been, or is to be treated as having been, bound over conditionally to attend the trial, the Attorney- General or the person committed for the trial may give notice at any time before the opening of the sessions of Supreme Court to the committing Megistrate's Court and at any time thereafter to the Registrar of the Supreme Court that he desires the witness to attend in pursuance of his recognisance. The Magistrate's Court shall, on committing the accused person for trial, inform him of his right /to require..... to require the attendance at the trial of any such witness as aforesaid, and of the steps which he must take for the purpose of enforcing such attendance. (3) Any documents or articles produced in evidence before the Magistrate's Court by any witness whose attendance at the trial is stated to be unnecessary in accordance with the provisions of this section and marked as exhibits shall, unless in any particular case the Magistrate's Court otherwise orders, be retained by the Magistrate's and forwarded with the depositions to the Registrar of the Supreme Court. 110B. If, after receipt of the authenticated copy of the deposit tbons and statement provided for by section 108 and before the' trial before the Supreme Court the Attorney-General or Solicitor-General is of the opinion that further investigation is required before such trial, it shall be lawful for the Attorney-General or the Solicitor- General to direct that the original depositions be remitted to the court which committed the accused person for trial, and that fur- ther evidence be taken generally or in respect of any particular matter and in respect of such original depositions such court shall thereupon re-open the case and after taking such further evidence shall deal with the case in accordance with the provisions bf sec- tions 100 to 110A inclusive. Provided that it shall be lawful for a magistrate other than the magistrate twho originally committed the accused person.for to re-open the case and deal with it in terms of this sub-section if such other magistrate has assumed the duties of the magistrate who originally committed the accused person for trial. PROC:JEDINGS UPON RECOGNIZANCES. 111(1) If the condition of any recognizance be not complied with the Court in or before which such condition ought to be performed, may endorse thereon a certificate, addressed to the Sheriff, or other officer of the Court, setting forth that such condition has not been performed, and thereupon if the amount of the recognizance be not -aid within six days after service of an order and notice to do so, the same shall be recoverable by such distress and sale of the goods and chattels of the recognizers, In default of the amount being recovered by such distress and sale, the recognizors may be imprisoned for any period not exceeding sixty days. Provided that the Court in or before which the condition of any recognizance ought to be performed may cancel or mitigate the forfeiture upon such terms and conditions (if any) as the Court may think just. (2) If it is made to appear to any Court, by information on oath, that any person bound by recognizance is about, to go out of Sierra Leone, the Court may cause him to be arrested, and may commit him to prison until the trial, unless the Court, shall see fit to admit to bail upon further recognizance. /PART IV...... PART IV. TRIALS IN THE SUPEiLE COURT. 112. Criminal cases in the Supreme Court shall be tried upon an information signed by the Attorney-General, the Solicitor- General or a Crown Counsel, and every such information shall be valid and effectual for all the purposes of this Ordinance. 113. No information shall be signed or filed in respect of any criminal offence unless the same shall have been previously in- vestigated, and the accused shall have been committed for trial, except in the case of informations which by law may preferred by the direction of, or with the consent in writing of a Judge of the Supreme Court, and in the case of informations known to the law of England as ox-officia informations by the Attorney-General in which cases similar prosecutions may be instituted and carried on by the Attorney-General. Provided that an information may be filed in respect of any offence founded in the opinion of the presiding Judge on the facts disclosed in the depositions, although the defendant has not been committed for trial in respect of any such offence. 114. Every information, when signed, shall be filed in the Sup- reme Court. The fact that the information has been so signed and filed shallbe equivalent to a statement that all conditions required by law to constitute the offence charged, and Po give the Court jurisdiction, have been fulfilled in the particular case. NOTICE OF TRIAL. 115. The Registrar or any other person directed by the Court shall endorse on, or annex to, every information and every copy thereof to be delivered to the Sheriff, or Deputy Sheriff for service on the accused, a notice of trial, which notice shall specify the particular Sessions at which the party is to be tried on the said information, and shall be in the following form, or as near thereto as may be:- A.B. TAKE NOTICE that you will be tried on' ie informs whereof this is a true copy, at the Sessions of the Supreme Court to be held at on the day of 19 116. The Registrar or other proper officer shall deliver or cause to be delivered, to the Sheriff or Deputy Sheriff, a copy of the information with the notice of trial endorsed thereon or annexed thereto, and if there are more parties charged than one as many copies as there are parties. 117. The Sheriff or Deputy Sheriff shall, as soon as may be after having received a copy of the information and notice of trial, and three days at least before the day specified therein trial, or within such lessor time as the Court may for good cause order, by himself or other person authorized by him deliver to the party charged the said copy and notice and explain to him the nature and exigency thereof, and when the said party is not I -chstody or shall havu been admitted to bail and cannot readily be found, he shall leave a copy of the said information notice of trial with some one of his household for him at his dwolling-house, or with some one of his bail, for, and if none such can be found, shall affix the said copy and notice to the outer or principal door of the dwelling-house of the party charCed or of any of his bail. Provided that in any case whero an information is signed and filed without previous investigation and committal for trial the accused shall be entitled to at least seven days notice as aforesaid, /Provided... Provided also that nothing herein contained shall prevent any person in custody or awaiting trial at the opening of or during any Sessions, from being tried threat, if he shall have been served with a copy of the information and notice of trial not less than three days or seven days, as the case may be, ve- fore the (date on which he is to be tried. Provided further that such last-mentioned period of three dagy may be reduced to a shorter period, if any such person shall express his assent thereto and no special objection be made on the part of the CrO wt 118. The officer serving the copy of the said information and notice shall forthwith make to the Registrar or other proper officer a return of the mode of service thereof. 119. It shall be lawful for the Court, upon the application of the prosecutor or defendant, if the Court considers that there is sufficient cause for the delay, to postpone the trial of any accused person to the next Sessions of the Court to be held at the place where the Court is sitting at the time of such appli- cation being made, or to subsequent Sessions, or to Scssmins to be held at a time and place named at the time of granting such postponement; and to respite the recognizances of the prosecutor and witnesses, in which case the repitcd recognizances shall have the same force and effect as frosh recognizances to prose- cute: and give evidence at such subsequent Session would have had. ARRAIGN: IENT . 120. A person to be tried on any information shall be placed at the bar unfettered, unless the Court shall see cause other- wise to order, and the information or charge shall be read over to him by the Registrar or other officer of the Court, and ex- plained if need be by the officer or the interpreter of the Court, and such person shall be required forthwith to plead thereto, unless whore the person is entitled to service of a copy of the information, he shall object to the want of such service, and the Court shall find that he has not been duly served therewith. 121. Every person by pleading generally the plea of "not guilty" shall, without further form, be deemed to have put himself upon his trial, and in any plea of autrefois convict or autrefois acquit it shallbe sufficient for any person to state that he has been lawfully convicted or acquitted (as the case may be) of the said offence charged in the information. 122. If any person stands mute, or refuses, or by reason of infirmity is unable to answer directly to the information, the Court shall, unless it has reason to believe that such person is of unsound mind and consequently incapable of making his defence, order the Registrar to enter a plea of "not guilty" on behalf of such person, and the plea so entered shall have the same force and effect as if such person had actually pleaded the same; but if the Court has reason to believe as aforesaid, it shall proceed to enquire whether such person be of sound or unsound mind. In the Colony any such inquiry shall be made by the Court with the aid of a jury, and in the Protectorate by the Court with the aid of assessors. If such person be found to be of sound mind the Court shall proceed with the trial, but if such person shall be found to be of unsound mind and consequently incapable of making his defence the Court, shall proceed as provided in section 62 (2), (3) and (4). / "i ,;i T.... AIIENDLiENT OF INFORIIATIONo, 123. (1) Every objection to any information for any formal defect on the face thereof shall be taken immediately after the informa- tion has been read over to the prisoner and not later. (2) Where;, '-.7or trial upon information or at any stage of such trial, it appears to the Court that the information is defective, the Court shall make such order for the andmdment of the informa- tion as the Court thinks necessary to meet the circumstances of the the case, the required mnendmients cannot be made without injustice All such amendments shall be made upon such terms as to the Court shall seem just. (3) Where an information is so amended, a note of the order for amendment shall be endorsed on the information, and the informa- tion shall be treated for the purposes of all proceedings in con- nection therewith as having been filed in the amended form. (4) Where, before a trial upon information or at any stage of such trial the Court is of opinion that the accused may be pre- judiced or embarrassed in hid defence by reason of being charged with more than one offence in the same information, or that for any other reason it is desirable to direct that the accused should be tried separately for any one or more offences charged in an information, the Court may order a separate trial of any count or counts of such information. (5) Where, before trial upon information or at any stage of such trial, the Court is of opinion that the postponement of the trial of the accused is expedient as a consequence of the exercise of any power of the Court under this Ordinance, the Court shall make such order as to the postponement of the trial as appears necessary. (6) Where an order of the Court is made under this section for a separate trial or for postponement of a trial- (a) if such order is made during a trial with a jury or during a trial with assessors, the Court may order that the jury of the assessors are to be discharged from giving a verdict or opinions, as the case may be, on the count or counts the trial of which is postponed, or on the information as the case may be; and (b) the procedure on the separate trial of a count shall be the same in all respects as if the count had been found in a separate information, and the prosedube on the postponed trial shall be the same in all res- pects Oprovided that the jury or assessors, if any any have been discharged) as if the trial had not commenced; and (c) the Court may make such order as to admitting the accused to bail, and as to the enlargement of recognizances and otherwise as the Court thinks fit. (7) Any power of the Court under this section shall1e in ad- dition to and not in degogation of any other power of the Court for the same or similar purposes. 1.24. No judgment shallbo stayed or reversed on the groui- of any objection, which if stated after the information was read to the prisoner, or during the progress of the trial, might have been amended by the Court, nor because of any informality in swearing the witnesses or any of them. /EVIDEmIE AFTER CONVICTION. PART V. EVIDENCE AFTER CONVICTION 125. The Court may, before passing sentence receive such evidence as it thinks fit, in orde? to inform itself as to the sentence proper to be passed. EXECUTION OF SENTENCES. 126. Every sentence of death shall direct that the person condemned shall be hanged by the neck until he is dead, but shall not state the place of execution. 127. The Court shall inform every person condemned to death of the period within which, if he desires to appeal, his notice of appeal or of his application for leave to appeal must be given. 128. A certificate under the hand of the Registrar or other officer of the Court, that such sentence has been passed, and naming the per- son condemned, shall be sufficient authority for the detention of such person. 129. If a woman convicted of an offence punishable with death, be alleged to be pregnant, the Court shall enquire into the fact, and if thereby reasonable cause for believing it, the sentence, to be passed on her shall be sentence of imprisonment for life in- stead of sentence of death. 130. Sentence of death shall not be pronounced on or recorded against a person convicted of an offence if it appears to the Court that at the time when the offence was committed, he was under the age of eighteen years; but in lieu thereof the Court shall sentence him to be detained during Her Majesty's pleasure, and if so sentenced, he shall be liable to be detained in such place and under such con- ditions as the Governor may direct, and whilst so obtained shall be deemed to be in legal custody. 131 (1) A1 person in detention pursuant to the directions of the Governor under the preceding section may at any time be discharged by the Governor on licence. (2) A licence may be in such form and may contain such con- ditions as the Governor may direct. (3) A licence may at any time be revoked or vatied by te Governor, and where a licence has been revoked, the persons to whom the licence related shall return to smch place as the Governor may direct, and if he fails to do so, may be apprehended without warrant and taken to that place. 132. So sorn as conveniently may be after the sentence of death has been pronounced, the presiding Judge shall forward to the Governor a copy of the finding and sentence, and of his notes of evidence t-ken at the trial, with a report in writing signed by him containing any recommendation or observations on the case which he thinks fit to make. 133. The Governor, after considering the said report in Executive Council, shall communicate to the said Judge, or his successor in office, the terms of any decision to which he may come thereon and the Judge shall cause an entry tf the effect thereof to be en- tered on the record -f the Court. 134. The Governor shall issue an order under his hand and the Public Seal of the Colony which may be in one of the forms set out in the Second Schedule, or as near thereto as circumstances will permit; and if the sentence is to be carried out shall state the ::lace, which hall be private, and the time where and when the exe- cution is to be had, and shall give directions as to the ppiace of burial of the body of the person executed; and if the person sen- tanced is pardoned, the person shall state whether it is free, or to what conditions it is subject. !135.... 135. The Governor's Order shall be sent to the Sheriff, and the Sheriff shall act in accordance therewith. 136. The said order of the Governor shall be sufficient authori- ty in law to all persons to whom the same is directed to execute the sentence of death or other punishment awrded, and to carry out the directions therein given in accordance with the terms thereof. 137. The Sheriff and the Keeper of the Prison, the Medical Officer in charge of the Prison, the Chaplain of the Prison or other minister of religion, and such other officers of Prison or as the Sheriff re- quires shall be present at the execution. 138. As soon as may be after judgment of death has been executed on the offender his body shall examined by the Medical Officer in charge of the prison, who shall ascertain the fact of d eath and sign a certificate thereof in duplicate and deliver the same to the Sheriff. 139. The Sheriff and the Keeper and Chaplain of the Prison or other minister of religion, and such other persons present (if any) as the Sheriff requires or allows, shall also sign a declaration in duplic- ate to the effect that judgment of death has been executed on the offender. 140. The Sheriff shall in each case cause the du:-licate of every certificate and declaration required by the Ordinance to be exhibited, as soon as may be, and kept exhibits for twenty-four hours at least, on or near the principal entrance of the prison or some other public building; or place situate within the district wherein judgment of death is executed. 141. If any person knowingly and wilfully signs any false certificate or declaration required by sections 138 and 139, he shall be guilty of a misdemeanor and on conviction thereof shall be liable to im- prisonment for any period not exceeding two eears with or without hard labour. 142. The Governor in Council may make rules to be observed on the execution of a judgment of death, for the purpose as well of guarding against any abuse in such execution as also of giving greater solemni- ty to the same, and of making known without the prison walls that such execution is taking and has taken place. 143. The omission to comply with any provision of this Part shall not take the execution of judgment of death illegal in any case where such execution would otherwise have teen legal. Sentence other than Capital. 144. (1) L warrant under the hand of the Judge or Magistrate by whom any person shall have been sentenced, ordering that-the sentence, shall be carried out in any prison within the Colony or Protectorate shall be sufficient authority to the keeper of such prison and to all other persons for carrying into effect the sentence described in such warrant, not being a sentence of death. (2) Except where express provision is made to the contrary, every sentence shall be deemed to commence from, and to include, the whole of the day of the date on which it is pronounced. 144A. Where, upon summary conviction, any offender shall be adjudged to pay a penalty, such offender, in case of non-payment thereof, may without any warrant of distress be committed to prison, with or without hard labour, for any term not exceeding the period specified 'i in the following scale, unless the penalty shall be sooner paid:- For any penalty not exceeding ten shillings, seven days Exceeding ten shillings and not exceeding one pound fourteen days. Exceeding one pound and not exceeding two pounds, one month. /Exceeding two.... Exceeding two pounds and not exceeding five pounds, two months. Exceeding five pounds and not exceeding ten pounds, three months. Exceeding ten pounds, six months. Provided always that such imprisonment shall not be with hard labour, unless the Ordinance or Statute, on which the con- viction is founded, authorises imprisonment with hard labour, nor for a longer term with hard labour than is authorized by such Ordinance or Statute. 145. (1) When the Court orders money to be paid by a person con- victed for fine or penalty, the Court may either order immediate payment, or allow time for payment, or directed payment to be made by instalments. If such money be directed to be paid by in- stalments and default is made in the payment of any one instalment, all instalments them remaining unpaid shall become immediately due. (2) ...... (2) In every such case any sum of money due may be levied on the goods and chattles of the person ordered to pay the same by distress and sale under warrant; and in all cases in which a warrant of distress is issued by the Court under this section the Court may either suffer such person to go at large or verbally, or by warrant in that behalf, order hi; to be kept in custody until return shall be made to the warrant of distress. 146. Such person may pay tr tender to the officer having the execution of the warrant the sum therein mentioned together with the amount of the expenses of the distress up to the time of payment or tender, and thereupon the officer shall cease to execute the same. 147. If the officer having the execution of the warrant reports that he could find no goods and chattles whereon to levy the money mentioned in the warrant with expenses, the Court may by the same or a subsequent warrant commit the person ordered to pay to prison for a period specified in the warrant, unless the money and all expenses of the distress, commitment, and con- veyance to prison, to be specified in the warrant, are soon paid. 148. Where it appears to the Court that distress and sale of his goods and chattles would be ruinous to the person convicted and ordered to pay money for fine or penalty and his family, or (by his confession or otherwise) that he has no goods whereon a distress may be levied, or other sufficient reason appear to the Court, the Court may, if it thinks fit, instead of or after issuing a warrant of distress commit him to prison for a period specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid. 149. Any person committed for non-payment may cay the sum mon- tioned in th6 warrant, with the: amount of expqsoes therein *-e authorized (if any), to the person in whose custody he is, and that person shall thereupon discharge him if he is in custody for no other matter. 150.(1) If any person committed to prison for non-payment has paid or shall pay any sum in part satisfaction of the sum ad- judged to be paid, the period of his imprisonment shall be re- duced by a number of days bearing as nearly as possible the same proportion to the total number of days, for which such person is committed, as the sum so paid bears to the sum for which he is liable. (2) The keeper of a prison in which a person is confined who is desirous of taking advantage of the provisions of the pre- ceding sub-section shall, on application being made to him by such prisoner, at once take him before a Court, and such Court shall certify the amount by which the period of imprisonment originally awarded is reduced by such payment in part in satis- faction, and shall make such order as is required in the cir- cumstances. 151. N~ commitment for non-payment shall be for a longer period than six months, bxdept where the law under which the conviction has taken plade enjoins or allows a longer period. 152, Where a sentence or conviction does not order the payment of money, but orders that the offender be imprisoned, the Court shall issue a warrant of commitment accordingly. 153. All warrants to enforce the payment of money due in respect of fines, penalties and forfeited recognizance shall be sufficiently addressed for execution by being directed in the Colony to the Sheriff, and in the Protectorate to the Sheriff of the province or the Deputy Sheriff of a district, In the /Colony.... Colony such warrant may be delivered to to constables, and in the Protectorate to court messengers for execution. 154.(1)All such warrants, whether issued in the Colony or the Protectorate, shall be valid and effectual throughout the Colony and Protectorate, wherever the person against whom such warrant is issued, or any good and chattcibs of such person may be found. (2) Such warrants issued by any Magistrate's Court shall be enforced by the Hagistrate of the district in which the person against whom such warrant or any goods and chattels of such person, may be found. (3) Warrants issued by a Court of Sunmary Jurisdiction shall be enforced in other districts, either of the Colony or Protectorate by the M agistrate having jurisdiction therein. 155. Warrants to be enforced outside the jurisdiction of the Court by which they were issued shall be gfrwarded to the authority prescribed in section 154, and be enforced and returned in like manner as if they had been issued out the Court having jurisdiction within the district where such warrant is to be enforced, and the proceeds of such enforcement shall be forwarded to the Court out of which such warrant was originally issued. DLP::.f; IN ORDERS Al-D /ARIRA?~TS 156. The Court may at any time amend any defect in substance or in form in any order or warrant, and no omission or error as to time and place, and no defect in form in any order or warrant given under this Ordinance, shall be held to render void or un- lawful any act done or intended to be done by virtue of such order or warrant; provided that it is therein mentioned, or may be inferred therefrom, that it is founded on an information, con- vittion or judgment sufficient to substain the same. PART VI MISCELLANEOUS. 157. The forms set out in the second Schedule may be used in all proceedings to which they are applicable with such variations as circumstances require, and shall be valid and effectual for all purposes. In proceedings to which no such forms are appli- cable the Master of the Supreme Court may, with the approval of the Chief Justice, from time to time frame the forms required and such forms shall be published in the Gazette. 158. The sealing of any order, summons or warrant shall not be necessary in addition to the signature of the Judge or Idagistrate or Justice of the Peace by whom the smae shall be signed, except in cases where sealing is expressly directed by this or any other Ordinance. THE FIR3T SCHEDULE 1. These Rules may be cited as t-h Criminal Procedure Rules. General Provisions. 2. Figures and abbreviations may be used in a charge or in- formation for expressing anything which is commonly expressed thereby. 3. (1)A description of the offence charged in a charge or in- formation or where more than one offence is charged in a charge or information, of each offence so charged, shall be set out in the charge or information in a separate paragraph called a count. (2)A count of a charge or information shall commence with a /statement.. statement of the offence charged, called the statement of offence. (3).The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essen- tial elements of the offence, and if the offence charged is one created by enactment shall contain a reference to the 0oction of the enactment creating the offence. (4) After the statement of the offence particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary. Provided that where any rule of law or any Ordinance or statute limits the particulars of an offence which are required to be given in a charge or information, nothing in the rule shall require any more particulars to be gi en than those so required. (5) The forms sit out in the Appendix to these Rules, or forms oonforming thereto as nearly as may be, shall be used in aases to which they are applicable; and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case. (6)Where a charge or information contains more than one count, the counts shall be numbered consecutively. 4. (1)Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment, may be stktdd in the alternative in the count charging the offence. (2) It shall not be necessary, in any amount in a charge or in- formation shbstituted by an enactment,to negative any exception or exemption from or qualification to the operation of the enact- ment creating the offence. 5. (I)The description of peoperty in a count in a charge or in- fBrmation shall be in ordinary language, and such as to indicate with reasonable clearness the property referred to, and if the property is so described it shall not be necessary, except when required for the purpose of describing an offence depending on any special ownership of property brlspgcial value of property, to tame the person to whom the property belongs or the value of the property. (2) Where property is vested in more than one person, and the owners of the property are referred to in a charge or information it shall be sufficient to describe the property as owned by one of those persons by name with others, andi if the persons owning the property are a body of persons with a collective name, such as a joint-stock company or "Inhabitants," "Trustees'" "Commissioners," or "Club," or other such name, it shall be sufficient to use the collective name without naming any individ- ual. (3) Property belonging to or provided for the use of any Government establishment, service, or. department, may be laid as the property of His ]ijesty the King. (4) Coin and bank notes may be described as money, and any averment as to money, so far as regards the description of pro- perty, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was com-osed or the particular nature of the bank note shall not be proved and in cases of embezzlement and obtaining /money or bank. ... money or bank notes by false pretences, by rpoof that the accused embezzled or obtained any coin or any bahk note, or any portion of the value thereof, although such coin or bahk note may have been delivered to him in order that some part of the value there- of should be returned to the party delivering the same, or to any other person, and such part shall have been returned accordingly. 6. The desori.p'iQ.n'ina charge or information of the accused or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him, with ne- cessarily stating his correct name, or his abode, style, degree, or occupation, and if, owing to the name of the person being known, or for any other reason, it is impracticable to give such a description or designation, such cscrpption or designation shall be given as is reasonable practicable in the circumstances, or such person may be described as "a person unknown." 7. Where it is necessary to refer to any document or in- strument in a charge or information, it shall be lawful to des- cribe it by any name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof. 8. Subject to any other provisions of these Rules, it shall be sufficient to describe any place, thing, matter, act or omission whatsoever to which it is necessary to refer in any charge or in- formation in ordinary language in-such a manner as to indicate with reasonable clearness the place, time, thing matter, act or omission referred to. 9. It shall not be necessary in stating any intent to defraud deceive or injure to any particular person, where the enactment creating the offence does not make an intent to defraud, deceive, or injure a particular person an essential ingredient of the offence. 10. Where a previous conviction of an offence is charged in a charge or information, it shall be charged at the end of the charge or information by means of a statement that the accused has been previously convicted of that offence at a certain time and place without stating the particulars of the offence. Information. 11. Every information shall bear date on the day when the same is signed, and, with such modifications as shall be necessary to adapt it to the circumstances of each case, may commence in the following form:- IN TH: SUP ..I COURT OF SIERRA LEONE. The day of 19 At the Sessions holden at on the day of 19 the Court is informed by the Attorney-General on behalf of Our Lord the king that A.B. is charged with the following offence (Offences):- APPENDIX TO RULES. FBRMS OF INFORMATION. 1. GTAi'rtYT OF OFFENCE. Murder /PARTICULARS O OFFENCE PARTICULARS OF OrFJTCL. A.B., on the day of 19 at Colony of Sierra Leone murdered J.S. Protectorate STATEMENT OF OFFENCE Accessory after the fact to murder. PARTICULARS OF 0iTEi-CE. A.B., well knowing that one H.C. did on the Colony in the day of in the day of of Sierra Leone murder C.D., did on the Protectorate Colony in------ of Sierra Leone and Protectorate on other days thereafter receive, comfort, harbour, assist and main tain the said H.C. 3 STATE! jUET OF OFPENCE o Manslaughter. PARTICULARS OF OFFENCE. A.B,, on the day of Sierra Leone, unlawfully killed J.S. 4. STATE; iT OF OFFEPCE. PARTICULARS OF OFFEI'TCEo Rape. A.B., on the day of of Sierra Leone, had carnal knowledge Colony in the .of---- of Protectorate Colony in the Protectorate of E.F. without her consent 5. STATErIIETT OP OPFCFE.CE, First Count. Wounding with intent, contrary to section 18 of the Offences against Person Act, 1861. PARTIC0LAPRS OF 01 CL A.B., on the day of in the Colony Protectorate of Sierra Leone, wounded C.D. with intend to do him grievous bodily harm (or to maim, disfigure, or disable him) (or to resist the lawful apprehension of him the said A.B.) /ST Ef "LT OP OP 1 ICE, ....... / b 1~~~~ ~~~~ ^JJ i~-l:1 UL l *-.O i STLTE. 'FT' OF OrTi:CE. Second Count. Wounding contrary to section 20 of the Offences against the Per- son Act, 1861. PARTICULARS OF 0 7T E CE, Colony ABo, on the day of at in the --- Protectorate of Sierra Leone, maliciously wounded C.D. 6. STALE.iENT OF O'PFDECE,. First Counto Larceny, contrary to:sction 17 (1) of the Larceny Act, 1916. PARTICULARS OF O'TI:iCEo Colony A.B., on the day of at inthe Protectorate of Sierra Leone, einSg lerk or servant to 1.oN., stole from the said M.N. ten yards of cloth. STATE IENT OF CUT ': CE. Second Count. Receiving stolen goods,contrary to section 33 (1) of the Larceny Act, 1916. PARTICULARS OF OFFPENCE A.B., on the day of at in theC1olon- Protectorate of Sierra Leone, did receive a bag, the property of C.D. knowing the same to have been stolen. 7. STA.T 1 .T OP OFFENCE. Robbery with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916. PARTICULARS OF OD.FECE. Colony A.B., on the day of at in the------ Protectorate of Sierra Leone, robbed C.D. of a watch,and at the time of or immediately before or immediately after such robbery did use personal violence to the said C.D. 8. 'i'..;'l T OF O- : CE. Burglary, contrary to section 25 (1) and larceny contrary to section 13 of the Larceny Act, 1916. PARTICULARS. OF OCT' LCE A.B., in the night of the day of at in the Colony of Qierra Leone, did break and enter the dwelling-house Protectorate, / of...... of C.D. with intent to steal therein, and did steal therein one watch, the property of S.T., the said watch being of the value of ten pounds. 9. STATEMEi T OF OFTOECL. Obtaining goods by false pretences, contrary to section 32 (1) of the Larceny Act, 1916. PARTICULARS OF OFFENCE. Colony A.B., on the day of at in the------ Pfotectorate. of Sierra Leone, with intent to defraud, obtained from S.PO five yards cf cloth by falsely pretending that he, the said A.D. was a servant to J.S., and that he, the said A.B., had then been sent by the said J.S. to S.P. for the said cloth, ain that he, the said A.B., was then authorized by the said J.S. to receive the said cloth onbehalf of the said J.S. 10. STATEHEKT OF OFFEYCE. Conspiracy to defraud. PARTICULARS OF OFFENCE. A.B. and C.D. on the day of and diver 0ay between that day and the dayof at in Po--ct~ao e rra oe leone, conspired together with intend to defraud by means of an advertisement inserted by them, the said A.B. and C.D., in the H.S. newspaper, falsely representing that A.B. and C.D. were then Colony carrying on a genuine business as jewellers at in the ----- Protectorate of Sierra Leone, and that they were then able to supply certain articles of jewellery to whomsoever would remit to them the sum ot two pounds. 11. TATL:iN)T OF OFFENCE. First Count. Arsnoncontrayy to section 2 of the Lalicious Damage Act, 1861. PARTICUL. S OF OPFENCE. Colony AoB, on the day of at in the ------- Protectorate of Sierra Leone, maliciously set fire to a dwelling-house, one F.G being therein. S i s E: 'i OF OFFE-TCCE. Second Cound Arson, contrary to section 3 of the Ialicious Damage Act, 1861. PARTICULARS OF OFFENCEo - Colony. A.B., on the dWy of at in the ---.-- Protectorate. /of Sierra Leone... of Sierra Leone, maliciously set fire to a house with intent to injure or defraud, 12. STATEAIiENT OF OFFE-CE. ABo, arson, contrary to section 3 of the Ialicious Damage Act6b-i C.D., accessory before the fact to same offence. PARTICULARS OF OPFFNCE. Colony A.B., on the day of at in the ----- Protectorate of Sierra Leone, set fire to a house with intent to injure of defraud. Colony C.D., on the same day at in the ----- of Sierra Leone Protectorate did counsel, procure, and command the said A.B. to commit the said offence. 13. STATE L:TT OF O?'EiCE. Damaging trees, contrary to section 22 of the Ialicious Damage, Act, 1861. PARTICULARS OF Oi- E; CE Colony A.B., on the day of at in the ----- Protectorate of Sierra Leone, maliciously damaged a mango tree there ..growing A.B.. has been twice previously convicted of an offence under section 22 of the malicious Damage Act, 1861, namely, at on the day of aid at -on the day of 14. STATE EiT OF OPF ENCE. First Court. Forgery, contrary to section 2 (1) (a) O.f. theF-FeirgeryAdt., 1913 PARTICULARS OF OFFEECE. Colony A.B., on the day of at in the--- Protectorate of Sierra Leone, with intend, to defraud, forged a certain will purporting to be will of C.D. STATE :EI :T OF COPITECE. Second Count. Uttering forged document, contrary to section 6 (1) (2) of the Forgery Act, 1913. PARTICULARS OF OPFEICE. Colony A.B., on the day of at in the Protectorate mf Serra Leone, uttered a certain gorged will purporting to be /the willo.... will of C).o, knowing the same to be forged and with intent to defraud. 15. STATEIENITT OF OFFENCE. Uttering counterfeit coin, antrary to section 9 of the Coinage Offences Act, 1861. PARTICUALRS OF OFF E-CE A.Bo, on the day of in the public market at Colony in the ------ of Sierra Leone, uttered a counterfeit shilling, Protectorate knowing the same to be counterfeit. 1I. STATEIMEITT OF OFFENCE. Perjury, contrary to section 1(1) of the Perjury Act, 1911. PARTICULARS OF OPI0 CIo AoB., on the day of 19 at Freetown in the Colony of Sierra Leone, being a witness upon the trial of an action in the Supreme Court of the Colony of Sierra Leone in which one was plaintiff, and one was defendant, knowingly falsely swore that he saw one Li.N. in the street called Westmoreland Street, Freetown, on the day of 19 . 17. ..;TEr T:-T OF OFFENCE. Libel. PARTICULARS OF OFFETICE Colony A.B., on the day of in the ------- of Sierra Protectorate Leone, published a defamatory libel concerning E.F. in the form of a letter (book, pamphlet, picture, or as the case may be). (Innuendo should be stated where necessary). 18. ST.'.IEi T OF OrFPE CE First Count Publishing obsence libel. PARTICULARS OF OFFENCE. Colony EoiIo on the day of a: in the ---- Protectorate of Sierra Leone, sold, uttered, and published and cuased or pro- curred to be sold, uttered,and published an obscene- libl1 the particulars of which are deposited with this infornnatio., (Particulars to specify pages and lines complained of where necessary, as in a book). /Statement..... .L.. OF OFFEiNCE Second Court Procuring obscene libel (or thing) with intent to sell or publish. PARTICULARS OF OFF NCE. Colony EL. L., on the day of at in the --- Protectorate of Sierra Leone, procured an obscence libel (thing) the particu- lars of which are dipposited with this information, with intent to sell, utter of publish such obscene'libel (or thing). 19. STATEET OF OPFFE'CE First Count. Falsification of accounts, contrary to section I of the Falsi- fication of Acts,A975. PARTICULARS OF OFFICE Colony A.B., on the day of at in the -----.--- Protectorate of Sierra Leone, being clerk or servant to C.D., with intent to defraud, made or concurred in Maing a false entry in a cash book belonging to the said C.D., his employer, purporting to show that on the said day 100 had been paid to L.Iio S.E -'i ~E_ UT OF OPPF CE. Second Court Same as first count. PARTICULARS OF OFFPPCE. Colony A.B., on the day of at in the ------ Protectorate of Sierra Leone, being clerk or servant rt C.D., with intent to defraud, omitted or concurred in omitting from or in a cash book belonging to the said C.D., his employer, a material particular, that is to say, the receipt on the said day of 50 fromH.S. 20. STATEMENT OF OFFENCE P irst Count. Fraudulent conveEsion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. PARTICULARS OF CFT CEo Colony A.B., on the day of at in the ----- Protectorate of Sierra Leone, fraudulently converted to his own use or benefit certain property that is to say, 100 entrusted to him by HoS. in order that he the .said A.oB., might retain the same in save custody. /Statement........ STATE iT OF OFFEGCE. Second Count. Fraudulent conversion of peoperty, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. PARTICULARS OF OT Colony A.B., on the day of at in the ----- Protectorate of Sierra Leone, fraudulently converted to his own use or benefit certain property, that is to say, the sum of 200 received by him for-and on account of Li.M. THE SECOND SCHEDULE. FOiRI No. 1. In the Court at To (officer). WtIRE1AS (name of accused) of (address) was brought before me at on the day of 19 charged with the oifence of (statement of offence) committed at in the district of NW0'these are to command you to convey the said to and to produce him before the (Magistrate) at there to be dealt with according to law. Dated this day of 19 (Signature) ORi HI o. 2 In the Supreme Court of Sierra Leone. JHEDTEA.S application has been made to His Honour under section 10 of the Criminal Procedure Ordinance by me (name of accused) a person accused of the offence of And whereas it has been further ordered that I, the said that (set out order): And whereas it has been further ordered that I the Said (accused), shall enter into a bond with suret that I shall. if convicted, pay the costs of the prosecution: NOW I (name of accused), of (address, hereby bind myself that I will, in event of my being convicted of the said offence, or of any other offence, upon the charge now pending or any charge substituted therefore, pay the costs of my prosecution as certified'. by Dated this day of 19 (Signature) I hereby declare myself surety ----------------------------------------------for the We hereby jointly and severally declare ourselves sureties said (name) that he will, if convicted, pay cost of the prosecution as he has herein undertaken, and incase of his making I bind myself default ----- ----- to forfeit to His Majesty the King the *e bind ourselves amount of the said costs as certified by Dated this day of 19 (Signature) FORM No 3 To charge In the Court (name of accused) of (address) V711REAS your attendance is necessary to answer to a of (statement of offence): YOU are hereby required to appear in person before the Court at at m. on the day of 19 Herein fail not. Dated this day of 19 (Signature) FORM No. 4. In the Court at To (name and desiigation of person or persons who is or are to execute the warrant). WHERIES (name of accused) of (address) stands charged with the offence of '(statement of offence): YOU are hereby commanded to arrest the said and to produce him before me. Dated this day of 19 (Signature). (This warrant may be endorsed as follows) If the said shall enter into a recognizance him- self in the sum of with suret (each) in the sum of to attend before 'me at m. on the day of 19 . and to continue so to attend until otherwise directed by me, he may be released. Dated this day of 19 (Signature). FORL No. 5. In the Court at To the Keeper of the Prison at ,iiS (name of prisoner) a prisoner now in your custody is required to appear before me to answer to a charge of statementt of offence). NOW these are to command you to produce the said prisoner before me at at m. on the day of 19 , and to insure his further attendance from time to time until the /said charge.... said charge shall have been disposed of. (Signature) FORM No. 6. Affidavit of Service of Summons out of the Jurisdiction I, (name and designation), make oath and say as follows:- At or about m. in the noon of the day of 19 ,I personal served upon (name of person summoned) by (state method of service) a summons issued by (issuing Court) in the matter of (prosecutor) versus (accusza ) wherein the said accused is charged with (set out charge as described in summ-ons). (Signature) Sworn before me at this day of 19 (Signature) FORM No. 7 In the Court at To (name and designation of person or persons who is or are to execute the warrant). WHEREAS information has been given to me upon oath of the commission or suspected or intended commission of the offence of (statement of offence) and it has been made to apDear to me that there is reasonable cause to suspect that (specify the animal, matter of thing clearly) or some of them are concealed in at o NOW these are to authorize you with such assistance as you may require to search for the said (animal, matter or thing specified)in the (describe the house, *tessel, or place to which the search is to be confined), and if necessary to search all person found therein and if found to produce such (animal, matter or thing) forthwith before this Court together with this warrant. 1 (And I hereby authorise you to enter by force into the (place to be searched) if you are not admitted after making known your authority and demanding admission). 1( And I hereby direct you to arrest the occupier of the said (place to be searched if any such) (animal, matter or thing) be found.) Dated this day of 19 (Signature). 1 (I authorise the execution of this warrant at any time) (Signature). PORM No. 8 To (Registrar or Court Clerk) of the Court at (Vlace). V -I L ..3 (name of accused) of (address) has been chqmnittedfor it~al by he Court at stands charged before the aon charge of : (statement of offence). with the offence NOW these are to authorize and require you to enter on the record a statement that the proceedings are sayed by my direction. Dated this day of 19 Attorney-General. FORI No. 9 Notice of Entry of Nolle Prosequi at the Instance of the Attorney General. To 1. In the matter of a charge of (state charge) against (name of accused): Take notice that in this case a nolle prosequi has been entered. Dated this day of 19 * (Signature) Note:4 If the accused is in prison he shall be forthwith released. If he is on bail his recognizance and those of his sureties are discharged. Witnesses are released from their obligation of further attendance at the Court. FDRM No. 10. Certidicate and Leave under Section 46 of the Criminal Procedure Ordinance. 7 TL,'AS it has been made to appear to me Governor and Vice-Admiral of the Colony and Protectorate of Sierra Leone, that (name of accused) who is not a subject of His I.ajesty nor a native of the Sierra Leone Protectorate has committed the offence of which is an offence within the jurisdiction of the Admiral. And whereas such offence was committed on the open sea within the territorial waters of His -ajesty's Dominions, to wit, within one Harine League of the coast of Sierra Leone measured from law water mark of the said coast: And whereas I consider it expedient that proceedings for the trial of the said shall be instituted in the Court of the of Sierra Leoe :; Given under my hand at Fort Thornton, Freetown, in the Colony of Sierra Leone, this day of 19 . Governor. FORM. 11 . In the Court at To Mthe Bailiff or other person concerned). WHRTZRLLS in the matter of a charge preferred at the instance of (prosecutor) against (accused) it was ordered (set out the order made). NOW these are to authorize and require you to recover the said sum of as though the same were a judgm-ent debt in the above-mentioned Court. Dated this day of 19 (Signature) FORi No. 12. In the Court at To (name) of (address) ill WHEREAS (name) is lying---- at (address)and is not hurt likely to recover, and whereas it appears to me that the said is able and willing to give material information relating to the offence of (statement of offence) alleged to have been com- mitted upon mitted ----- in regard to NOW, therefore, take notice that I purpose to take in writing and upon oath or affirmation the statement of the said at (place) at m. on the day of next. YOU should he present at the said time and place in order to hear the said statement made 1(and to cross-examine the deponent upon it). Dated this day of 19 (Signature) -------------------------------------------------------------- I In case of notice to the prosecutor these words should be struck out. FORM No. 13. In the Court at To (Keeper of Prison, constable or court messenger) at (place) ill WHEREAS (name) is now lying----- at (address) hurt and is not expected to recover: And whereas it is expedient that ,(name) a prisoner now in your custody, should be present in order to hear the statement which I purpose to take from the said. NOW these are to command you to produce the said prisoner at (place) at m. on the day of next there to continue until the said statement shall have been taken and recorded. /Dated.... day of 19 (Signature) FORM No. 14. In the Court at WHEREAS (name of accused) did appear before the take his trial on (:;: 1::,iote or Judge) at to ----. ---..- attent a preli iary investigation a charge of And whereas the magistratete or Judge) has reason to believe that the said (name of accused) is of unsound mind and is incapable of making his defence and has postponed further proceedings in the matter: NOW I hereby declare myself surety ------------------------------------------ ----- NOW we hereby jointly and severally declare ourselves sureties that the said shall be properly taken care of and prevented from doing injury to himslef or any other person or property, and for his appearance when required before the Court or before such office as the Court may appoint in that behalf. my I bind myself And in case of--- making default herein--- -------- to our we bind ourselves forfeit to His IIajesty the King the sum of Dated this day of 19 (Signature) FORM No. 15. WHTliLA (Maristrate or Judge) has reported to me that (name of accused) of (address) who is charged before him with the offence of is of unsound mind and incapable of making his defence, and that the case is not one in which bail may be given (or that no sufficient security for release on bail is forthcoming); NOW, therefore I, the Governor of the Colony and Protectorate of Sierra Leone, do her a Eremoval of the said (name of accused) to the --a--.----- at to prison be confined there until required to appear before the Court of the at aforesaid. Dated this day of 19 (Governor). FORI No. 16. In the Court at To the (Keeper of the Prison or the IIedical Superin- tendent of the Lunatic Asylum) at IWEREAS (name of accused) was brought before me on a charge of and, having been found to be of unsound mind and incapableo o Dated this incapable of maing his defence, is by order of the Governor to be confined in (state place and particulars of Order): NOW these are to authorize and require you to receive the said into the said (prison or lunatic asylum)at and to confine there until further order in his behalf. Dated this day of 19 (Signature) FORM No. 17. In the Court at To the Keeper of the Prison at WtT-TRLAS (name of criminal Innatic) being charged be- fore the. Court with the offence of was this day found to be guilty of tjat offence but insane so as not to be respon- sivle for his action at the time when the act was done or omission made: NOW these are to authorize and require you to receive the said into your custody and safely to keep him until further order in his behalf. Dated this day of 19 . (Signature) FORM No. 18. WHEREAS (name of accused), being charged before the Court at with the offence of was found by the said Court to be guilty 6f'thd act or omission charged, but insane so as not to be responsible for his action at the time when he did the act or made the omission: NOW, therefore I, the Governor of the Colony and Protec- torate of Sierra Leone, do hereby order the said of to be lunatic asylum confined in the -----------.....-- at as a criminal lunatic until prison further order. Dated this day of 19 (Governor). FORM No. 19. Certificate Under Section 66 of the Criminal Procedure Ordinance. I, (name) of (address), the idedical Superintendent of the Lunatic Asylum at hereby certify that (name of accused), against whom a charge of is pending before the Court at is in my opinion capable of making his defence to the said charge. Dated this day of 19 (Signature) FORM No. 20 In the Court at ~, (name of accused), being brought before the Magistrate) at charged with (statement of offence), do hereby bind myself to attend in the Court of the at on the d day of next to answer to the said charge and to continue so to attend until otherwise directed by the said Court: and in case of my making default herein I bind myself to forfeit to His Majesty the King the sum of. Dated this day of 19 (Signature) I hereby declare myself surety ---. -------- .. ..............---------- -- ----------- -- ------ ---- --- ------ --- ---~ for the We hereby jointly and severally declare ourselves sureties above-named of that he will attend in the Court of the above-named charge and will continue so to attend until other-- wise directed by the said Court: and in case of his making of c I bind myself default herein --------.------ to forfeit to His Iajesty the King we bind ourselves the sum of Dated this day of 19 (Signature) Form No 21. In the Court at I (name of accused) of (address), being brought before the lIagistrate) at charged with the offence of and required to give, security for my attendance in his Court and at the Supreme Court, if required, do bind myself to attend at the Court of the said (Magistrate) on every day of the preliminary investigation into the said charge and, should the case be sent for trial by the Supreme Court, to be and appear before the said Court when called upon to answer the charge against me and to continue so to appear until otherwise ordered by the Court: and in case of -y, .-iking .default herein I bind myself to forfeit to His Majesty the King the sum of Dated this day of 19 . (Signature) I hereby declare myself surety ------------.--.----------.-------. for the We hereby jointly and severally declare ourselves sureties said (name of accused) that he will attend at the Court tf on every day of the preliminary investigation into the offence charged against him, and should the case be sent for trial by the Supreme Court, that he will be and appear before the said Court when called upon to answer the charge against him and will continue so to appear until otherwise ordered by the said Court: and in case of his making default here I bind myself -------------- to forfeit to His Majesty the King the sum of we bind ourselves. Dated this day of 19 (Signature) FORT' No. 22. RECOGNIZANCE BOOK KEPT AT THE POLICE STATION ( OR LOCK-UP ) AT ----------------------------------- ---------------- ----- Ti-e of Name and (1) a an t Gate Arrest Address of Charge Conditions of i caress of Cnitionid Recognizor Recognizance Sureties of Bail before Ordder of S agistrate 1-agistrate. -___---------- ----------------------------------------- -------------- -------------------------- --------------- t s i SI I I i I I I I ( I I i t 1 1 1 SI I I S- I I I 1 1 1 i 1 5 I E I I I I I I i I I I 1 L......L..----.---..---- --------- -----------------4--------------_----------------------- ------------------- (1) State tiee and place at which accused (recognizor) is to appear before the Magistrate and the sum in which he is bound followed by his :ark or Signature. (2) State amount in which each sirety is separately bound, followed by his signature ormirk (5) Order for enlargement of bail, cancellation of bail, transfer to a bound, etc. FORM No. 23. In the Court at To (Keeper of Prison, constable or court messenger) at WHERVAS (name of accused) has this day appeared before me charged with the offence of and I consider it advisable to adjourn the examination into the said charge: NOW these are to command you to receive the said into your custody and safely to keep him and produce him before me at at m. on the day of 19 and thereafter from time to time as may be notified to you by endorsements on this warrant. Dated this day of 19 (Signature) FORM No. 24. Proceedings in a Preliminary Investigation when Case for Prose- cution is Closed. The following is read by the magistrate and explained to the accused. Charge is The -----.-- against you--- (here set out chag or charges) charges are Having heard the evidence do you wish to say anything in answer to the charge (or charges) ? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial. And I give you clearly to understand that you have nothing to hope from any promise of favour and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt. But whatever you shall now say may be giten in evidence notwithstanding such promise or threat. (Here record statement of accused. If too long for this space continue overleaf.) Q. Having heard your statement read do you wish to explain or add to it ? A. herein The statement of the accused as ------ recorded was taken in hereafter my presence and hearing and contains accurately the whole state- ment made by him. He was called upon to sign it or to append his did mark which he --------- refused to do. Do you wish to give evidence at th~is Inveatigation ? ag- M istrate) S. Do you wish to aall any witnesses' at this investigation ? 1 A. (if names are given'record them). I order that the accused be committed for trial upon information before the Supreme at and I further order that the admitted to bail accused be -------------- committed to prison. Dated this day of 1y at (place) I certify that I have informed the accused that he is entitled without to a copy of the depositions on payment to be delivered /to him... to him before trial (Iagistrate) FORii No. 25. In the Court at I (name of accused) of (address) being committed for trial before the Court on a charge of and required to give security to take my trial before the said Court d6 hereby bind myself to be and appear before the said Court at when called upon to answer the charge against me and to continue os to appear until otherwise ordered by the said Court; and in case of my making default herein I bind myself to forfeit to His Majesty the King the sum of Dated this day of 19 (Signature) I hereby declare my self surety --------------- -~-~-------'"--- ~~-- --------------------------~`" ~ We hereby jointly and severally declare ourselves sureties the said (name of accused) that he will be and appear before the said Court when called upon to answer the charge against him and will continue so to appear until otherwise ordered by the said Court: and in case of his making default herein I bind myself -----------to forfeit to His Majesty the King the sum of we bind ourselves Dated this day of 19 (Signature. FORM No. 26. In the Court at To the Keeper of the Prison at WHEREAS at a aa preliminary investigation hold by me into a charge of preferred against (name of Accused) I com- mitted the said (name of accused) for trial by the Supreme Court upon the said charge and did not admit him to bail NOW these are to command you to receive the said (name of accused) into your custody, and safely to keep him until the sittings of the Supreme Court to be held at (place) on the day of 19 for the trial of accused persons, and to produce him before the said Court then and there to be tried. Dated this day of 19 (Signature) FORM No. 27 In the Court at I (name) of Oaddress), do hereby bind myself to attend the Supreme Court at (place of sitting) t m. on the day of next, and then and there to prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of against (name of accused): and in case of making default herein I bind myself to forfeit to His /Majesty.,..o Majesty the King the sum of Dated this day of 19 . (Signature). FORii No. 28. In the Court at To (name of prosecutor or witness) of (address) TAKE NOTICE that you are bound in the sum of pounds to appear Qt the sessions of the Supreme Court to be holden at and unless you personally make your appearance accordingly that sum will be forfeited and levied on your goods and chattels, or your body taken in execution. Dated this day of 19 . (Signature). FORJ No. 29. In the Court at To deeperr of Prison, constable or court messenger). WHEREAS (name) of (address) was called upon to enter into a recognizance to prosecution (or to prosecute and give evidence or to give evicdnce) in the matter of a charge of to be preferred against at the sittings of the Court to be holden at on the day of 19 And whereas the said when so called upon did refuse to enter into such recognizance. NOW these are to command you receive into your custody the said and safely to keep until after the said trial, unless he sonner enters into such recognizance or unless by an order of this Court or of the Supreme Court you are commanded sooner to release hirp. Dated this day of 19 (Signature). FORM No. 30. In the Court at To (Keeper,of Prison, constable or court messenger) WHEREAS by a warrant dated a certain (name) of (address) was committed to your custody there to abide un- til after the trial of before the Supreme Court on a charge of NOW these are to command you to release and set at liber- ty the said Dated this fay of 19 . (Signature) FORM No. 31 Certificate and Wrarrant under Section III (1) 0), Criminal Procedure Ordinance. To the Sheriff I (Judge of the Supreme Court or other designation) hereby sertify that the condition of the recognizance entered into by and set out on the obverse hereof has not been complied with. You are hereby,directed that if the said sum shall not have been paid to you within six days of the service of such order and notice, you shall proceed to-recover the same by distress and sale of the goods and chattels of the said and in default of the amount be- ing so recovered you shall lodge the said in the prison at there to be kept safely for a period of days, and for so doing this shall be sufficient warrant and authority to all concerned. Dated at this de day of 19 (Signature) Note:- This certificate and warrant are tote endorsed on the back of the forfeited recognizance. FORM No. 32 In the Court at To (name) of (address). principal party WHEREAS on the day of 19 you as ................. surety entered into a recognizance conditioned as follows:- And whereas the condition of the said recognizance has not been performed: NOW these are to order you pay the sum of the amount of such recognizance wherein you were bound, and further to give you notice that it within six days of the date of service of this order and notice upon you, you fail to pay the said sum, the same may be re- covered in manner prescribed by distress and sale of your goods and chattels, and in default of the amount being so recovered you may he imprisoned for a period up to days. Date this day of 19 . (Signature) ................... FORM No. 33 In the Cour at To ( person or persons who is or are to are execute the warrant). WHERLAS of has bound himself by recognizance to prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of against : And whereas it has been made tbo appear to me by information upon oath that the said is about to go out of Sierra Leone. Now these are to command you to arrest the said and to being him before me. Dated this day of 19 . (Signature) ... ..... .............. FORM No. 34 In the Court at To the Keeper of the Prison at WHEREAS of has bound himself by recognizance to prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of against /And whereas...... And whereas it has been made to appear to me by information upon oath that the said was aboit to go out of Sierra Leone, and he has been arrested under a warrant issued by me to present him so doing: NOW these are to command you to receive into your custody the said and safely to keep him until the trial of the said and to produce him upon the day of such trial before the Supreme Court unless in the meantime you'receive other directions as to his disposal. Dated this day of 19 (Signature). FORM No. 35. Certificate required by section 118, Criminal Procedure Ordinance have I, (Sheriff or Deputy Sheriff), hereby certify that I - caused to be served upon (name of accused) a copy of the information in the matter of the charge against him with the notice of trial, and that the nature and exigency thereof was explained to him by and that this service was effected (personally or in what manner accomplished) at (time) on the day of 19 Dated this day of 19 . (Signature). FORM No. 3.6 Certificate under section 128, Criminal.Procedure Ordinanicea....... This is to certify that at a session of the Supreme Court held before Mr. Justice at on the day of 19 , (name of prisoner) was duly convicted bf murder and sentenced to suffer death. This is to authorize and require all persons to whom the said shall be delivered to receive the said into their custody together with this certificate, and him safely to keep until further order in his behalf. Dated this day of 19 (Signature). FORMI No. 37. (Public Seal). Governor To the Sheriff of the Colony of Sierra Leone. Greeting: WHEREAS by a judgment of the Supreme Court bearing date the day of 19 (name of prisoner was convicted of murder and was thereupon by the said Court sentenced to suffer death. NOW, therefore, these, are to command you privately to carry the said sentence into execution by causing the said to suffer death by being hanged by the neck until he is dead /at at m. on the day of 19 and within the precjacts of the prison at and thereafter to cause the dead body of the said to be Turied in the (cemetery) at (place and for so doing these shall be your sufficient authority: And thereupon without delay thturn you this order to me endorsed with what you have done therein. Given underthe hand of the Governor and the Public Seal of Sierra Leone at Fort Thornton this day of 19 * By His Excellency's Command, Colonial Secretary. FORIi No. 38. (Public Seal) To all to whom these presents shall come: I, His Majesty's Governor in and over thy Colony and Protectorate of Sierra Leone send Erecting. WHEREAS by Letters Patent of the twenty-eighth day of January, 1924, and the Sierra Leone Protectorate Order in Council, 1924, it is ordiined that the Governor may, as he shall dee occasion, in His Majesty's name and on his behalf, grant un- to any offender convicted af any crime in any Court before any Judge or Magistrate within the Colony and Protectorate of Sierra Leone a free pardon, or a pardon subject to such conditions as may at any time be lawfully thereunto annexed: And whereas (name of prisoner) was on the day of 19 convicted before the Court at of murder and was thereupon by the said Court sentenced to suffer death; And whereas it is in my judgment expedient that King's mercy should, on the condition hereinafter mentioned, be extended to the said NOW, therefore, by virtue and in exercise of the said powers in this behalf by the said Letters Patent and Order in Council vested in me, I, do hereby in His Majesty's name and on his behalf grant unto the said His Majesty's pardon for the offence whereof he stands so convicted as aforesaid, on condition rest ofhis life that the said shall be kept to hard labour for the------------ a period of cars and be confined in the prison at or in such other prison as His Majesty's Governor shall from time to time direct, and sub- ject to the prison rules for the time being in force. Given under' the hand of the Governor and the Public Seal of Sierra Leone at Fort Thornton this day of 19 By His Excellency's Command, Colonial Secretary. FORM No. 39. Medical Certificatd of Death after Execution of Offender. I, the Medical Officer in charge of the prison at (or as the case may be), hereby certify that I this day ex- amined the body of on whom judgment of death was this day /executed... executed in the said prison (or as the case may be), and that on such examination I found that the said was dead. Dated this day of 19 (Signature) FORM No. 40 Declaration of Execution of Judgment of Death. We, the undersigned, hereby declare that judgment of death was this day executed on in the (describe prison or place) in our presence. (Signatures) FORM No. 41. In the Court at To (the person charged with the levy). WHEREAS (name of offender) was on the day of sentenced 19 convicted before me of the offence of and ---- --- fine ordered to pay a ------ of penalty fine And whereas the said has not paid the said ---- or any penalty part thereof: NOW these are to command you to make distress by seizure of the goods and chattels belonging to the siid which may be found within the district of : and if the said sum forthwith shall not be paid sum shall not be paid---- ------------ within days next after such dis- tress. to sell the property distrained or so much thereof as shall be fine sufficient to satisfy the said ----- returning this warrant, penalty with an endorsement certifying what you have done under it, immediately upon its execution. Dated this day of 19 (;Jignature). F0Om 42. In the Court at To (Keeper of Prison, constable or court messenger). WHEREAS (name of offender) was on the day of , sentenced 19 convicted before me of the offence of and ----------to ordered a fine to pay -------- of penalty And whereas default having been made in payment a warrant of distress has been issued, but no return has yet been made thereto: NOW those are to command you to receive into your custody the said and safely to keep him until the day of 19 when you shall produce him before this Court at m. un- less the said sum of be sooner paid, on receipt of which the said shall be forthwith set at liberty. Dated this day of 19 . (Signature). FORIl No 43. In the Court To the Keeper of the Prison at "7'.'i.AS by a warrant of distress dated the day of 19 it was ordered that distress be levied against the goods and chattels of (name of offender) for the sum of And whereas it has been reported to me that there are no sufficient goods and chattels of the said to satisfy the said sum and the expenses of such distress. NOW these are to command you to receive the said into your custody together with this warrant, and him safely to keep in the said prison for the period of unless the sum of (as set out at the foot thereof) be sooner paid, and on the receipt thereof forthwith to set him at liberty returning this warrant with an endorsement certifying the manner of its execution. Dated this day of 19 (Signature). Details of expenses Distress . s. d. 00 00 00. 0. 0.0 0 Expenses of distress Expenses of coiiimitment .... .. Expenses of conveyance bS prison o. Total .. FORM No. 44. In the Court To the Keeper of the Prison at Whereas (name of offender), was 19 convicted before me of the and sentenced to pay a fine of on the offence of day or in default to suffer /imprisonment.... . 00 0o o. with imprisonment ----- hard labour for the period of without And whereas the said has not paid the said fine or any part thereof: NOW these are to command you to receive the said into your custody together with this warrant, and him safely to keep in the said prison for the said period of unless the said fine be sooner paid, and on the receipt thereof forthwith to set him at liberty returning this warrant with and endorsement cortfying the manner of its execution. Dated this day of 19 . (Signature) Detail of expenses: s. d. Distress o.. *.. ... Expenses of distress ... ... Expenses of commitment . Expenses of conveyance to prison .__... Total E PORM NO. 45. In the Court at Warrant of commitment To the Keeper of the Prison at (no alter- native). Section 152. WHEREAS on the day of 19 (name cf Section prisoner) was convicted before me of the offence of and was sentenced to Now these are to command you to receive the said into your custody together with this warrant, and there to carry the aforesaid sentence into execution according to law. Dated this day of 19 (Signature). iypcd by F.L.C. CHAPTER 135. MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) An Ordinance to Facilitate the Enforcement in the Colony of Maintenance Orders made in England or Ireland and vice versa. (23rd April, 1921. 1. This Ordinance may be cited as the Maintenance Orders (Facilities for Enforcement) Ordinance, and shall apply to the Colony and Protectorate. 2. For the purposes of this Ordinance:- The expression "Maintenance Order" means an order, other than an order of affiliation, for the periodical payment of sums of money towards the maintenance of the wife or other dependants of the person against whom the order is made; The expression dependantss" means such persons as that person is, according to the law in force in the part of 7 .l..Terrt V I:.:.-I.. in which the Maintenance Order was made, liable to maintain; The expression "certified copy" in relation to an order of a Court means a copy of the Order certified by "the proper officer of the Court to be a true copy; and / The expression "prescribed" means prescribed by rules of Court. 3. (1) Where a Maintenance Order has, whether before or after the passing of this Ordinance, been made against any person by any Court in England or Ireland, and a certified copy of the order has been transmitted by the Secretary of State to the Governor, the Governor shall send a copy of the order to the proper officer of a Court in the Colony, for registration; and on receipt thereof the order shall be registered in the prescribed manner, and shall, from the date of such registration, be of the same force and effect, and, subject to the provisions of this Ordinance, all proceedings may be taken on such order as if it had been an order originally obtained in the Court in which it is so registered, and that Court shall have power to enforce the order accordingly. (2) The Court in which an order is to be so registered as aforesaid shall, if the Court by which the order was made a Court of Superior Jurisdiction, be the Supreme Court of Sierra Leone, and, if the Court was not a Court of Superior Jurisdiction, be a Magistrate's Court. (3) In sub-section (1) of this section the expression "proper officer" shall in the case of the Supreme Court be deemed to be the Master and Registrar, and in the case of a Magistrate's Court shall be deemed to be the Magistrate. (4) Where a Court in the Colony has, whether before or after the commencement of this Ordinance, made a Maintenance Order against any person, and it is proved to that Court that the person against whom the order was made is resident in England or Ireland, the Court shall send to the Governor for transmission to the Secretary of State a certi- fied copy of the order. 5.(1) ............. 5. (1) Where an application is made to a Magistrate in the Colony for a Maintenance Order against any person, and it is proved that that person is resident in England or Ireland, the Magistrate may, in the absence of that person, if after hearing the evidence he is satisfied of the justice of the application, make any such order as he might have made if a 'un bns hnd been cily servoc. on .that -cfson and he hLad failed to _r. eor at the hoaring-, but in such casr the order shall be provisional only, and shall have no effect unless and until confirmed by a Court of Summary Jurisdiction in England or Ireland, as the case may be. (2) The evidence of any witness who is examined on any such application shall be put into writing, and such deposi- tion shall be read over to, and signed by, him. (3) Where such an order is made, the Magistrate shall send to the Governor for transmission to the Secretary of State the deposition so taken and a certified copy cf the order, together with a statement of the grounds on which the making of the order might have been opposed if the person against whom the order is made had been duly served with a summons hnd had appeared at the hearing, and such information as the Magistrate possesses for facilitating the identification of that person, and ascertaining his whereabouts. (4) Where any such provisional order has come before a Court of Summary Jurisdiction in England or Ireland for confirmation, and the order has by that Court been remitted to the Magistrate who made the order for the purpose of taking further evidence, such Magistrate or any other Magistrate sitting and acting for the same judicial district shall, after giving the prescribed notice, proceed to take the evidence in like manner and subject to the like conditions as the evidence in support of the original application. If upon the hearing of such evidence it appears to the Magistrate that the order ought not to have been made, the Magistrate may rescind the order, but in any other case the depositions shall be sent to the Governor and dealt with in like manner as the original depositions. (5) The confirmation of an order made under this section shall not affect any power of a Magistrate to vary or rescind that order: Provided that on the making of a varying or rescinding order the Magistrate shall send a certified copy thereof to the Governor for transmission to the Secretary of State, and that in the case of an order varying the original order, the order shall not have any effect unless, and until, confirmed in like manner as in the original order. (6) The applicant shall have the same right of appeal against a refusal to make a provisional order as he would have had against a refusal to make the order had a summons been duly served on the person against vhom the order is sought to be made. 6. (1) Where a Maintenance Order has been made by a Court of Summary Jurisdiction in England or Ireland, and the murder is provisional only, and has no effect unless, and until, confirmed by a Magistrate in the Colony, and a certified copy of the order, together with the depositions of witnesses and a statement of the grounds on which the order might have been opposed, has been transmitted to the Governor that the person, against vhom the order was made, is resident in the Colony, the Governor may send the said documents to ........ documents to a Magistrate with a requisition that a summons be issued calling upon the person to show cause why that order should not be confirmed and, upon receipt of such documents and requisition, the Magistrate shall issue such a summons and cause it to be served upon such person. (2) At the hearing it shall be open to the person on whom the summons was served to raise any defence which he might have raised in the original proceedings had he been a party thereto, but no other defence, and the certificate from the Court which made the provisional order, stating the grounds on which the making of the order might have been opposed if the person against whom the order was made had been a party to the proceedings, shall be conclusive evidence that those grounds are grounds on which objection may be taken. (3) If at the hearing the person served with the summons does not appear, or on appearing fails to satisfy the Magistrate that the order ought not to be confirmed, the Magistrate may confirm the order, either without modification or with such modification as to the Magistrate, after hearing the evidence, may seem just. (4) If the person against vhom the summons was issued appears at the hearing and satisfies the Magistrate that for the purpose of any defence it is necessary to remit the case to the Court which made the provisional order for the taking of any further evidence, the Magistrate may so remit the case and adjourn the proceedings for the purpose, (5) Where a provisional order has boon confirmed under this section, it may be varied or rescinded in like manner as if it had originally been made by the confirming Magistrate, and where on an application for rescission or variation the Magistrdt e is satisfied that it is necessary to remit the case to the Court which made the order for the purpose of taking any further evidence, the Magistrate may so remit the case and adjourn the proceedings for the purpose, (6) Where an order has been so confirmed, the person bound thereby shall have the same right of appeal against the confirmation of the order as he would have had against the making of the order had the order been an order made by the Magistrate confirming the order. 7. (1) A Magistrate in whoso Court an order has been registered under this Ordinance, or by whom an order has been confirmed under this Ordinance, and the officers of such Magistrate's Court, shall take all such steps for enforcing the order as may be prescribed. (2) Every such order shall be enforceable in like manner as an order made under the Married Women's Maintenance Ordinance: Provided that a Justice may, if he think fit, instead of issuing in the first instance a warrant, issue a a summons requiring the defaulter to appear before a Magistrate. 8. The Courts Ordinance shall apply to proceedings before Magistrates' Courts under this Ordinance in like manner as' it applies to proceedings before Magistrates' Courts under that Ordinance, and the references in section thirty-five of the Courts Ordinance to rules for regulating the practice and procedure of, and to forms for use by, Magistrates' Courts, shall be deemed to include references to rules for regulating the practice and procedure of, and to forms f for use by, Magistrates' Oourts, under this Ordinance. 9. The .,o., o. 1, The Uovernor-in-Council may make rules as to the manner in which a case canea remitted by a Court authorised to confirm a a provisional order to the Court which made the porvisionsal order, and generally for facilitating communications between such Courts. 10. Any document purporting to be signed by a Judge or officer of a Court in England or Ireland shall, until the contrary is proved, be deemed to have been so signed without proof of the signature or judicial or official character of the person appearing to have signed it and officer of a Court by whom a document is signed shall, until the contrary is proved, be deemed to have been the proper officer of the Court to sign the document. 11. Depositions taken in a Court of 'Summary Jurisdiction in Eng- land or Ireland, for the purposes of this Ordinance, may be received in evidence in proceedings before a Magistrate under this Ordinance. 12. Where the Governor is satisfied that reciprocal provisions have been made by the Legislature of any territory within the British Commonwealth of Nations for the enforcement within such territory of Maintenance Orders made by Courts in the Colony or Protectorate, the Governor may be Proclamation extend this Ordin- ance to such territory, and the Ordinance shall thereupon apply in resepct of such territory as though' the references to England ot- Irel-and were references' to such territory and the references to the .Secretary of State were references to the Officer administering the government of such territory. Typed by F.L.C. CHAPTER 144. MINERALS. An Ordinance to Regulate the Right to Search for, Mine and Work Minerals, and for Other Purposes Relating thereto. (1, th December, 1927. 1. This Ordinance may be cited as the Minerals Ordinance, and shall apply to the Colony and Protectorate. 2. In this Ordinance, unless the context otherwise requires:- "Alluvial" means and includes all forms of mineralized deposits other than carbonaceous which do not fall within the definition of lodes. "Court" means any duly constituted court other than a court of the native chiefs. "Chief Inspector of Mines" means any officer appointed by the Governor to be the Chief Inspector of Mines, or any officer appointed by the Governor to perform any act or duty or to exercise any power or authority which by this Ordinance may be done by or is imposed upon or may be exercised by the Chief Inspector of Mines. "District Commissioner" in relation to the Freetown Police District means the Chief Inspector of Mines. "Forest Officer" means any officer appointed by the Governor under section 3 of the Forestry Ordinance. "Holder" of a prospecting right or'exclusive prospecting licence or mining right means the person to whom such right or licence was granted in the first instance, and in the case of an exclusive prospecting licence or right or mining right includes a person in whom such licence or a part of the rights thereunder has become vested by transfer, assignment or otherwise. "Lessee" of a mining lease includes all persons having any right or interest in or under a mining lease, whether by transfer, assignment or otherwise. "Lode" means and includes all true fissure veins, contact veins, segregated veins, bedded veins, metalliferous blankets, stockworks, bankets, such irregular deposits as conform generically to the above classification, and beds of any mineral such as beds of iron-stone. "Mine" and "mining" mean any operations for winning or obtaining minerals. "Minerals" means and includes the following as classed hereunder (a), (b), (c) and (d):- (a) Metalliferous minerals, including antimony, ar-sunaic biqm~th,' coppaq ucopalt$ ahyrmium cadmium,.iron, load, manganese, mercury, molybdenum, nickel, tin, tungsten, uranium, zinc, and all others of a similar nature to any of them, and all ores containing them and combinations of any of them with each other or with any other substance, excepting only those ......... only those that occur in the form of precious minerals; (b) Carbonaceous minerals, including graphite, coal in all its varieties, and all substances df a similar nature to any of them; (c) Earthy minerals, including asbestos, barytes, bauxite, china clay, fuller's earth, gypsum, marble, mica, nitrates, phosphates, pipe-clay, potash, salt, slate, soda, sulphur, talc, and all other substances of a similar nature to any of them. Provided that, save for the purposes of sections 73, 74, 76 and 77, and of Rules 49 and 51 (1) of the General Minerals Rules, and of any Rules which have been or may be introduced to effect safety in mines, there. shall not be included therein such earthy minerals as the Governor in Council may by order declare not to be minerals for the purposes of this Ordinance. (d) Precious minerals mean and include - (i) precious stones, namely, amber, amethyst, beryl, cat's eye, chrysolite, diamond, emerald, garnet, opal, ruby, sapphire, turquoise, and all other substances of a similar nature to any of them;.iand (ii) precious metals, namely, gold, silver, platinum, iridium, osmium, palladium, ruthenimum, rhodium, or ores contain- ing any of these metals, provided that argentiferous lead ores containing not more than four ounces of silver per ton shall be excluded from the scope of this definition. "Mines Department" means a department, bearing that or any other name, which may at any time after the com- mencement of this Ordinance be created for the purpose of the administration of this Ordinance, or to which the administration of this Ordinance may be assigned.. "Mining Concession" means any writing whereby any right, interest or property in or over land with respect to minerals was granted before the first day of January, 1929, by the Tribal Authority of the Marampa Chiefdom in the Protectorate to the African and Eastern Trd.de, Corporation, Limited. "Open-cast" means any uncovered excavation which has been made from surface for the purpose of winning minerals. "Owner" in relation to land includes a lessees and in relation to land or other property of a native community, means the chief or headman of the community, provided that when any payment shall be required to be made under this Ordinance to such owner the Governor may direct either that the payment be made to such chief or headman to be disposed of by him in accordance with native law or custom, or that the payment shall be made into some fund specified by the Governor to be utilized for the benefit of the native community. Prospect and ....... "Prpspect" and "Prospecting" mean to search for minerals, and include such working as is reasonably necessary to enable the pros- pector to test the mineral bearing qualities of the land. "Shaft" and "Pit" mean any vertical or inclined tunnel other than a stope or winze which is or might be for winding, tavelling, draining or ventilating purpose in connexion with prospecting or mining operations. "Tributor" means a person who directly or indirectly is permitted to win minerals receiving in return for the minerals so won re- numeration paid directly or indirectly by the person who permitted him to win the minerals. "Watercourse" means any channel, whether natural or artificial, which confines or restricts the flow of water. General Provisions. 3. (1) The entire property in and control of all minerals, and mineral oils, in, under or upon any lands in Sierra Leone, and of all rivers, streams and watercourses throughout Sierra Leone, is hereby declared to reside in the Crown, save in so far as such control may in any case have been limited by any express grant made by the Crown before the commencement of this Ordinance. (2) Except as in the Ordinance provided no persons shall pros- pect or mine on any Inads in Sierra Leone, or divert or impound water for the purpose of mining operations. (3) Any person contravening the provisions of the last preceding sub-section shall be guilty of an offence and shall be liable, on -summary conviction, to a fine not exceeding nne hundred pounds or to imprisonment, withtbr without hard labour, for a period not ex- ceeding twelve months, or to both such fine and imprisonment, and the Court before which such person is convicted may order the for- feiture of all minerals obtained by ach person or if such minerals cannot be forfeited, of such a sum as the Court shall assess as the value of such minerals. Any minerals so forfeited shall be sold or otherwise disposed of as the Governor may dir@ttand the proceeds from the sale of any such mineral shall be paid into general revenue. 4.- INotwithstanding anything in the Ordinance contained no person shall conduct mining operations underground unless he holds a li- cence from the Chief Inspector of Mines authorizing him to do so. 5. Nothing in this Ordinance contained shall be deemed to prevent any native of Sierra'Leone, from taking, subject to such conditions as may be prescribed, iron, salt, soddor potash from lands (other than klands within the area of a mining lease of mining right) from which it has been the custom of the members of the community to which such native belongs to take the same. 6. Nothing in this Ordinance shall be construed to sanction the prospecting or mining for mineral oils. 7. The Goernor in Council may by Order declare any area to be closed to prospecting for such period as may be specified in such Order or without period assigned. Any person other than the holder of an exclusive prospecting licence who shall prospect within an area which is closed to prospecting shall be liable on summary conviction to either of the penalties prescribed in section 3 (3). (1) .......... 8(1) No prospecting right, exclusive prospecting licence or mining right granted under this Ordinance shall authorize the holder thereof to prospect or mine, (i) (a) within any Government station or on or under any lands used for or appropriated to any public purpose without the consent in writing of the Governor first obtained, and subject to the conditions, if any, prescribed in such written consent; (b) on or under land occupied by a town, villagers, market or burial gound, or on or under land habitually used or occupied for sacred or ceremonial purposes, or on or under land within one hundred yards of any Government or public building or works, orany market, burial ground or place used or occupied for sacred or ceremonial purposes as aforesaid, or public road, tramway or railway without the consent in writing of the Governor first obtained and subject to the conditions, if any, imposed by the Governor; (ii) on or under land actually under cultivation without the consent of the occupier of the land; (iii) on or under any land within onehundred yards of any building erected thereon without the consent of the occupier of the building; Provided that, if the Governor shall be satisfied that the consent required under paragraphs (ii) or (iii) is withhold unreasonably, the Governor may authori.de the holder of the licence or right to prospect or mine on any such land subject to such conditions as he may prescribe. (2) Any person prospecting or mining on or under any lands specified in sub-section (1) without the requisite consent or authority shall be liable, on summary conviction, to any of the penalties prescribed in section 3(3). PROSPECTING. 9, Prospecting shall be lawful under a prospecting right or an exclusive prospecting licence: Provided, however, that the Governor in Council may by Order prohibit prospecting for any specified mineral, and in such case a prospecting right or exclusive prospecting licence shall not authorize the holder thereof to prospect for such mineral unless otherwise expressly provided in the right or licence. 10. Every application for a prospecting right shall be in the prescribed form. 11.(1) Prospecting rights may be issued by the Chief Inspector of Mines subject to the following conditions and to such other conditions as may be prescribed: (2) A prospecting right shall not be granted - (a) to any person who is unable to prove to the satisfaction of the Chief Inspector of Mines that he is able to read and understand this Ordinance to such an extent as to enable him to obtain a reasonable degree of guidance from it and that he or the person on behalf of whom the application is made has, if the application, is restricted ..... is restricted to alluvial mining, worked at alluvial mining for a period of six months, and, if the application is for an unrestricted right to prospect, possesses adequate mining experience or qualifications in mining; (b) to any person who is under twenty-one years of ago; (c) except with the consent of the Governor to any person who or whose present employer has.boon convicted of an offence under this Ordinance or who or whose present employer has previously held any right, licence or lease granted under this Ordinance which has been forfeited by reason of breach of the terms of conditions of the same: Provided that if such consent has once been given after such conviction or forfeiture, and no sub- sequent conviction of forfeiture has ensured, it shall not be necessary in respect of any sub- sequent application; (d) to any person who is unable to prove to the reasonable satisfaction of the Chief Inspector of Mines that he possesses sufficient money or credit to enable him to pay any expenses which might be incurred by prospecting to the satisfaction of the Chief Inspector of Mines and any compensation which may be payable by him in the exercise of the rights conferred by a Prospecting right; (e) to any person as agent or employee of more than one person; (f) to any person who to the reasonable satisfaction of the Chief Inspector of Minos is not a fit and proper person to be granted a prospecting right. Provided that there shall be no other limit to the number of Prospecting rights that any one person may hold at one time: Provided further that for the purposes of this paragraph a partnership shall be regarded as one person. (3) Any person aggrieved by the refusal of the Chief Inspector of Minos to grant him a Prospecting right may appeal to the Governor whose decision thereon shall be final. (4) A Prospecting right granted to a person in the employ of another person and paid for by the employer shall, on request being made by the employer, be granted subject to the condition that the right shall forthwith expire on the holder leaving the service of such employer. Such condition shall be endorsed on on the Prospecting right, and in every such case the employer and holder of the right shall be jointly and severally liable for the payment of any moneys which the holder of the Prospecting right may be required to make under this Ordinance. (5) Subject to the provisions of the last preceding sub-section a Prospecting right shall remain in force for one year from the date thereof. (6) A Prospecting right shall not be transferable. (7) A Prospecting right may be issued restricting it to specified administrative districts, to specified minerals or to a specified class of or classes of mining. (8) A Prospecting right shall be produced whenever demanded by the owner or occupier of any land on vihich the holder thereof is prospecting. 12.(1) The holder of a prospecting right may - (a) enter ........ (a) enter upon and prospect on any land, excepting land within an area closed to prospecting or land the subject of an exclusive prospecting licence or of a mining right or mining lease; (b) whilst engaged in bona fide prospecting, construct his camp on any unoccupied land and take timber (other than trees in a forest reserve or protected forest), and water from any lake, river, stream or watercourse, for domestic purposes or for the purposes of prospecting; (c) sink shafts or wells or dig trenches. Provided as follows:- (a) A prospector shall not divert water from any river, stream or watercourse without the consent of the Chief Inspector of Mines or of the District Commissioner. (b) A prospector shall not prospect in a forest reserve or protected forest except he has first given notice to a forest officer and complies with the conditions imposed by the forest officer for the protection of forest produce. (c) A prospector intending to prospect on any land shall, when practicable, give notice of his intention to the owner or occupier of such land before commencing prospecting operations thereon. If any owner or occupier or the Chief Inspector of Mines shall request the prospector to give security for the payment of any compensation for disturbance or damage the Chief Inspector of Mines shall require the prospector to give security by the deposit of such sum of money as he may deem fit, and if required by the owner or occupier the prospector shall desist from prospecting on the land until such security has been given. (2) Any prospector failing to give any notice required under the last preceding sub-section or failing to comply with the conditions imposed by a forest officer, or prospecting without having given security when required by the owner or occupier of the land to desist from the prospecting, shall be liable on summary conviction to a fine not exceeding fifty pounds. 13.(1) The Governor may grant an exclusive prospecting licence to any person who has by himself or by a person in his employ prospected the area over which the licence is applied for. (2) Application for an exclusive prospecting licence shall be in the prescribed form, and the applicant shall satisfy the Governor that he has sufficient capital to ensure the proper prospecting of the area in respect of which the application is made and the payment of any compensation which may be payable to the owners and occupiers of the land in respect of which the licence is required, and shall, if required by the Governor or by the rules, furnish a financial guarantee for such sum as the Governor may direct or as may be prescribed. (3) The Governor may grant or withhold the grant of an exclusive prospecting-licence as he may think proper: Provided that a person who has previously held an exclusive licence shall not, within a period of one year thereafter, be granted a further licence in respect of any portion of the area in respect ...... in respect of which he has previously held a licence. This prohibition shall extend to any person associated with the former holder of the licence. (4) If application is received for the same area or for overlapping areas from two or more persons and there should arise any doubt as to which of them has priority for his claim, the decision of the Governor thereon shall be final, unless the Governor shall direct that their claims shall be referred to arbitration. Provided that Where an application has been made for an area, no application by another person covering the whole or part of such area shall be considered as being in dispute with the first application unless lodged with the Chief Inspector of Mines within a period of twenty-four hours of the receipt by such officer of the first application. (5) An exclusive prospecting licence shall not be granted in respect of any area exceeding sixteen square miles or of an area less than one square mile, if a full square mile is available. In the case of precious minerals the area of an exclusive pros- pecting licence shall not exceed two square miles nor be less than one quarter of a square mile, if an area of one quarter of a square mile is available. (6) An exclusive prospecting licence shall be granted for one year from the date thereof, subject to renewal, at the discretion of the Governor, for further terms of one year each up to a maximum of three years in the case of an alluvial working, and of six years in the case of a lode working: Provided, however, that the Governor may, on such terms as he may think proper, grant a renewal of such licence in'respect of an alluvial working for a fourth year if it be shown to his satisfaction that prospecting operations have been stopped or seriously hindered by special circumstances beyond the control of the licensee: Provided further that'in the case of a lode working the Governor may, on any renewal of such licence, direct that such renewal shall be allowed in respect of a specified portion only of the area of the licence. 14(1) Whenever application is made for an exclusive prospecting licence notice of such application shall, if practicable, be given in the prescribed manner to the owners or occupiers of the land in respect of which such licence is applied for, before the licence is granted. (2) If any owner or occupier of the land or the Chief Inspector of Mines shall request that the applicant shall give security for the payment of any compensation which may be payable to such owner or occupier by the licensee for disturbance or damage, the Governor shall require the applicant to give security by depositing with the Chief Inspector of Minos such sum of money as the Governor may think proper. 15. The holder of an exclusive prospecting licence shall have the sole right of prospecting upon the lands within the lands within the area of his prospecting licence and subject to the conditions thereof, and for such purpose may - (a) enter upon the lands within such area with his agents and workmen and thereupon exercise all or any of the rights conferred upon the holder of a prospecting right; (b) employ in prospecting on such land any number of persons who ......... persons who for the purpose of such prospecting shall not be required to hold prospecting rights; and (c) on and over unoccupied land within the area of his licence erect and maintain such machinery and plant construct such ways as may be necessary for or in connexion with his prospecting operations. 16. The holder of an exclusive prospecting licence shall not transfer his licence or any portion of the rights granted thereunder without the consent of the Governor signified by endorsement on the instrument& of assignment. The transferee of a licence shall be liable for all rents and obligations which may have accrued at the time of transfer. 17.(1) Minerals raised or obtained in the course of prospecting under a prospecting right or an exclusive prospecting licence shall not be removed from the land or disposed of by the holder of the right or licence or by any other person except with the consent of the Chief Inspector of Minos. Any person contravening the provisions of this sub-section shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment, with or without had labour, for a period not exceeding twelve months. (2) The Chief Inspector of Minos may authorize the removal of minerals from the land from which they have been obtained to any place approved by him for safe custody, subject to such conditions, if any, as he may impose. (3) If the holder of a prospecting right or an exclusive prospecting licence should desire to retain or dispose of any minerals raised or obtained in the course of prospecting, he shall make application to the Chief Inspector of Mines in the prescribed manner, and if the said Inspector is satisfied that the prospector has been conducting such work only as is reasonably necessary to enable him to test the mineral bearing qualities of the land, he may authorize the applicant to retain and dispose of the minerals in respect of which application is made on payment of the prescribed royalties. (4) The holder of prospecting right or an exclusive prospecting licence shall forthwith notify the Chief Inspector of Mines of the discovery of any precious mineral. 18. The holder of an exclusive prospecting licence shall continuously and adequately carry on bona fide prospecting operations on the lands included in the area in respect of which his licence has been granted during the continuance of the licence and to the satisfaction of the Chief Inspector of Mines: Provided that the Governor may, on the application of the holder and for good cause shown, by writing under his hand suspend the obligation imposed by this section in respect of any licence for such time as to the Governor may seem proper, and may in the same manner direct that any such period of time shall not be reckoned in the currency of the licence, if during such period no work is done by the holder of the lands included in the area covered by the licence. 19. The holder of an exclusive prospecting licence shall keep full and accurate records of his prospecting operations. 20(1) The holder of a prospecting right or of an exclusive prospecting licence shall, on demand being made by the owner or occupier of any land, make to him such payments as shall be a fair and reasonable compensation for any disturbance of ....... disturbance of the rights of such owner or occupier, and for any damage done to the surface of the land upon or under which prospecting operations are or have been carried on, and shall, on demand being made by the owner of any crops, treo, buildings or works damaged by the holder of the right or licence or by any agent or servant of such holder, pay compensation for such damage. (2) If the holder of a prospecting right or exclusive prospecting licence fails to pay compensation when demanded under sub-section (1), or if an owner or occupier is dissatisfied with the compensation offered, the owner or occupier, as the case may be, may apply to the District Commissioner, who shall as soon as conveniently may be assess and determine the amount of the compensation payable at the date of such determination, and shall notify the parties of the sum awarded. If either of the parties is dissatisfied with the award of such o.l.ficer, such party may, within fourteen days of such notification, appeal to the Governor, whose decision thereon shall be final, unless he shall direct that the matter be determined by arbitration. (3) The sum awarded by the District Commissioner, or when there has been an appeal, by the Governor or arbitrators, shall' b paid..by the holder..of..the prospecting .right or exclusive prospecting licence to the District Commissioner, for transmission to thi persons entitled. thereto, within fourteen..days of .thd date on which the amount of the award is notified to the holder of the right or licence. (4) If the sum awarded is not paid within the time specified in sub-section (3), such sum may be paid out of any money deposited by the holder of the right or licence under section 12 or section 14, or if no money or insufficient money has been deposited, may be sued for by the persons entitled thereto. The Governor may suspend the prospecting right or exclusive prospecting licence'of the person in default until the amount awarded has been paid, and until the holder of the right or licence has deposited with the Accountant-General or the District Commissioner such further sum as security for any future payments as the Governor may demand, and if such payment and deposit is not made within such time as the Governor may consider reasonable, the Governor may revoke the prospecting right or exclusive prospecting licence of the person in default. 21. In the case of any breach by the holder of a prospecting right or the employer of a holder of a prospecting right or the holder of an exclusive prospecting licence, or by any attorney, agent or employee of such holder of any of the provisions of this Ordinance, or of any rule made thereunder, it shall be- lawful for the Governor to call upon the holder or employer or the holder of the right or holder of the licence, as the case may be, to show cause within a time specified by the Governor why his right or licence should not be revoked, and should he fail to comply with such order within the time specified, or should the cause shown not be adequate in the opinion of the Governor, the Governor may summarily revoke the said right or licence and thereupon all privileges and rights conferred thereby, or enjoyed thereunder shall as from the date of such revocation cease: Provided always that the fact of such revocation shall not in any way affect the liability of such holder, employer, attorney, agent or employee, in respect of thebreoach of any provision of this Ordinance or of any rule made thereunder committed by him before such revocation. 22. Notwithstanding ....... 22. Notwithstanding anything in this Ordinance or any rules made thereunder to the contrary the Governor may, in special circumstances, grant an exclusive prospecting licence for a period exceeding one year, and over an area exceeding two square miles or sixteen square miles, according as to whether such exclusive prospecting licence is for precious minerals or not, upon such special terms and conditions whether in accordance with the provisions of this Ordinance and any rules made thereunder or not, as he may think proper. Mining. 23. Mining shall be lawful under a mining right or mining lease, or Alluvial Gold mining licence, or Alluvial Gold Mining Licence. Pending the grant of the mining lease or mining right, the Governor may grant permission to the applicant to mine on the area applied for on such conditions and subject to such restric- tions as the Governor may think fit. Such permission may at any time be withdrawn by the Governor. 24(1) A mining right may be granted by the Governor to the holder of a prospecting right or to the holder of an exclusive prospecting licence, provided that in the latter case the mining right applied for lies wholly within the boundaries of that licence. (2) The provisions of section 13(2) and (4) and of section 14 shall apply, mutatis mutandis, to an application for and grant of a mining right. (3) Mining rights may be granted in respect of such areas as may be prescribed, and the Governor may grant or withhold a mining right at his discretion. (4) A mining right shall remain in force for one year from the date thereof, but may be renewed by the Governor for further terms of one year. 25(1) A mining right shall confer upon the holder thereof the right to enter upon the lands in respect of which the mining right is granted, and the exclusive right to mine thereon the alluvial minerals specified in the right and to take and dispose of any such minerals obtained, subject to the payment of the prescribed royalties; and, for and in connection with his mining operations, the holder may exercise all or any of the rights conferred by section 35(1) on a mining lessee. (2) The holder of a mining right shall pay rent (herein- after-called surface rent) at such rate per annum as shall be determined by the Governor for all land included in the area of the mining right. (3) The provisions of sub-sections (3), (4), (5) and.(6) of section 35 shall apply, mutatis mutandis, to a mining right. 26(1) The holder of a mining right shall continuously and adequately carry on mining operations on the lands the subject .of the mining right to the satisfaction of the Chief Inspector of Mines, and shall furnish such reports and returns and shall keep such books as may be prescribed: Provided that the Governor may, on'the application of the holder and for good cause shown, suspend the obligation imposed by this sub-section as regards the mining operations to be conducted for such time and subject to such conditions as the Governor may think fit. ( (2) The holder of a mining right if not personally resident on .......*. resident on or near the land the subject of his right and in charge of the mining operations being conducted on such land shall at all times have a responsible agent in charge of such operations and shall forthwith notify the Chief Inspector of Mines of every appointment of an agent and of any change in such appointment. 27 The provisions of sections 16, 21, 36, 37, 38, 39 and 40 shall apply, mutatis mutandis, to a mining right. 28. Whenever the Governor shall be satisfied, on the report of the Chief Inspector of Mines, that the mineral bearing qualities of the land or of any portion of the land included within the area of a mining right are such as to justify the holder of the right being called upon to take a mining lease or leases in respect of all or any part of such land he may by notice served on the holder of the mining right revoke the mining right either in respect of the whole area or any specified part of the area of the mining right as from a date not being earlier than one month after the date of such notice. On such revocation the holder of the right shall have a preferential claim to a mining lease or mining leases on the area of the revoked mining right, provided that application for such lease or leases is made within two months of such revocation: Provided further that the holder of the right revoked under this section shall have a preferential claim to a mining right in respect of any portion of the area of the revoked right for which no application is made for a mining lease within twelve months from the revocation of the right. 29(1) The Governor may grant a mining lease to the holder of a prospecting right or of an exclusive prospecting licence who has by himself or his agent carried on bona fide prospecting operations on the area applied for, provided that in the latter case the mining lease applied for shall lie wholly within the boundaries of that licence, or to the holder of a diningg right in respect of any portion of the area of his right, or, subject to the provisions of section 28, to any person in respect of any lands included in the area of a mining right which has been revoked under that section. (2) The holder of an exclusive prospecting licence or of a mining right who shall have fulfilled all the conditions attached thereto shall be entitled, subject to the provisions of this Ordinance, to the grant of a mining lease for any mineral for which he was authorized to prospect or mine, in respect of any portion of the area included in the licence or right: Provided that the Governor may, for any reason he may think proper, exclude from the operation of the lease any portion of the area for which the lease is applied for. (3) Application for a mining-lease shall be made in such form as may be prescribed. (4) The Governor may offer and grant in such manner as he may think fit mining leases in respect of - (a) any mineral in respect of which a notice prohibiting prospecting has been issued under the proviso to section 9; (b) any area, not included in the area of an exclusive prospecting licence then in force, in which minerals in apparently payable quantities have been discovered or are know to exist, if no application for a mining lease in respect of such area has ... ..... area has boon made by a person to whom the lease could be granted under sub-section (i) or sub-section (2); (c) any area in respect of which an application for a mining lease has been made, if the application has been refused or has been withdrawn; or (d) any area in respect of which a mining lease has been granted, if such lease has been forfeited or surrendered or has expired. (5) If application is received for the same area or for overlapping areas from two or more persons and there should arise any doubt as to which of them has priority for his claim, the decision of the Governor thereon shall be final unless the Governor shall direct that their claim shall be referred to arbitration. Provided that when an application has been made in respect of an area no application by another person covering the whole or part of such area shall be considered as being in dispute with the first application unless lodged with the Chief Inspector of Mines within a period of twenty-four hours of the receipt by such officer of the first application. 30. The Governor may require an applicant for a mining lease to show to his satisfaction that he possesses or commands sufficient working capital to ensure the proper development and working of mining operations on the area applied for, and may require any reports on the matter made by prospectors or engineers to be submitted for his information. In the event of the applicant failing to satisfy the Governor as aforesaid, the Governor may refuse the application, but the applicant may make a new application at any time. 31. (1) A mining lease may be granted for such term, not being more than ninety-nine years or less than five years, as the Governor may think proper. (2) If at the expiration of the term originally granted the lessee shall be carrying on work in a normal and business- like manner, and the lease shall not at that time be liable to be forfeited under any of the provisions of this Ordinance, and the lessee shall have given to the Chief Inspector of Minos six months' notice in that behalf, then the lessee shall be entitled on payment of the prescribed fee to obtain a renewal of the lease for such further term not exceeding ninety-nine years as the Governor may approve upon the conditions which are then generally applicable to new mining leases, but without the right to a further renewal of the lease. (3) A mining lease may be surrendered:at any time after six months' notice in writing has been given to the Chief Inspector of Mines of the intention to surrender, if the sanction of the Governor be endorsed in writing thereon and on payment of the prescribed fee, but not otherwise; Provided that such surrender shall not affect any liability incurred by the holder before such surrender shall have taken effect. 32. The holder of a lease shall not transfer or assign his lease or any of the rights conferred there by without the consent in writing of the Governor signified by endorsement on the instrument of assignment. 33. Mining ....... 33. Mining leases shall be of such kinds and shall be granted subject to such covenants and conditions and in respect of such areas as may be prescribed, or, if not proscribed by the rules, as may be directed by the Governor. 34. A mining lease shall confer upon the lessee the right to enter upon the lands the subject of the lease, and subject to the rules the exclusive right to mine on such lands, and the right to remove and dispose of the minerals specified in the lease on payment of the prescribed royalties. 35.(1) In so far as it may be necessary to the lessee or to the applicant for a lease to whom permission to mine has been granted under section 23 for or in,connexion with his mining operations and subject to the provisions of this Ordinance and to the rules, the lessee or such applicant shall have on the lands included in his mining lease or in the area on which permission to mine has been granted, as the case may be, the following rights:- (a) To make all necessary excavations. (b) To erect, construct and maintain houses and buildings for his use and for the use of his agents and servants. (c) To erect, construct, and maintain such engines, machinery, buildings, and workshops and other erections as may be necessary or convenient. (d) To stack or dump any of the products of mining. (e) To lay water-pipes and to make watercourses and ponds, dams and reservoirs, and to divert any water on or flowing through the land. (f) To construct and maintain all such tramways, roads, communications, and conveniences as may be necessary. (2) The lessee shall pay rent (hereinafter called surface rent at such rate parannum as shall be determined by the Governor for all land occupied or sued by him for any of the purposes mentioned in sub-section (1), or otherwise for or in connection with his mining operations. (3) Before granting a mining lease, the Governor shall, if practicable, cause the owner of any land included within such lease to be informed of his intention to grant the lease, and require such owner to state in writing, within such time as the Governor may determine, and the rate of the annual surface rent which he desires shall be paid to him by the mining lessee for any land occupied or used by him for or in connection with his mining operations. If within the time specified the ownerof the land shall state the rate of the rent which he desires shall be paid, and the Governor is satisfied that such rent is fair and reasonable, tha surface rent payable in respect of the land of such owner shall be at the rate stated by him. (4) Subject to the provisions of sub-section (3) the Governor shall fix the rate of the surface rent payable under this section and shall cause the mining lessee to be notified of the rate so fixed before or as soon as conveniently may be after the granting of the mining lease: Provided, however, that - (a) the ......... (a) the rate of surface rent, whether fixed by the owner or by.the Governor, shall be subject to revision by the Governor at intervals of seven years; (b) in fixing the surface rent payable the Governor shall not take into consideration the damage which may be done to the surface of the land by the mining or other operations of the lessee, for which compensation is payable under section 30(2). (5) The surface rent payable under this section by a mining lessee shall be paid without demand half-yearly to the proscribed officer, who shall pay the same to the owner of the land. (6) If any question shall arise as to the extent of the lands occupied or used hy a mining lessee, or as to the date on which he commenced or ceased to occupy or use any land, or as to the proportion of the surface rents payable to the persons entitled to receive any portion thereof, the decision of the District Commissioner shall be final and binding on all persons, subject only to an appeal to the Governor. All expenses incurred by the Government in surveying, measuring or otherwise ascertaining the extent or value of the land in respect of which surface rent is payable under this section shall be paid by the mining lessee. 36. A mining lease shall not authorize the lessee to occupy or mine on or under land occupied by a town, village, market or burial ground, or land habitually used or occupied for sacred or ceremonial purposes, or to occupy or mine on or under any land within one hundred yards of any Government or public building or works, or any town, village, market, burial ground or place used or occupied for sacred or ceremonial purposes as aforesaid, or public road, tramway or railway without the consent in writing of the Governor first obtained, and subject to the conditions, if any, imposed by the Governor. 37. A mining lessee may, on the lands included within the area of his lease, cut, take and use any tree when necessary in the course of mining operations or when required for mining or domestic purposes, provided that he shall not cut or take any trees in a forest reserve or protected forest except with the consent of a forest officer or before paying the fees and royalties prescribed by the Forestry Ordinance. 38(1) The mining lessee shall pay compensation to the owner of any building, or of any economic trees or crops removed, destroyed, or damaged within the area of the lease by the lessee, his agents or workmen: Provided that compensation shall not be payable in respect of any building erected or tree or crop planted on land in respect of which surface rent is paid by the lessee under section 35 after the date on which such rent commenced to be payable. (2) If by reason of the mining or other operations of the mining lessee the surface of any land is damaged, the mining lessee shall pay compensation for such damage to the owner of such land. (3) If the person claiming compensation and the lessee are unable to agree as to the amount of compensation to be paid, the matter in dispute shall be determined by arbitration, except when the claimant, being a native, requests the District Commis- sioner to assess and determine the compensation, in which case the decision of such District Commissioner shall be final and binding binding on ........ binding on all parties, subject only to an appeal to the Governor whose decision shall be final, unless he shall direct that the matters in dispute shall be determined by arbitration. Notice of such appeal shall be given to the District Commissioner within fourteen days of the date on which his decision is notified to the party desiring to appeal. (4) The compensation awarded by thO District Commissioner or, in the case of an appeal, by the Governor or arbitrators, shall be paid by the lessee to the District Commissioner for transmission to the persons entitled thereto within fourteen days of the date on which the amount of the compensation awarded is notified to the lessee. 39(1) Whenever, by reason of the grant or existence of a mining lease, the Governor resumes possession of any lands occupied under a Crown lease, or licence, the mining lessee shall pay to the Government the amount of the compensation paid by the Government to the Crown lessee or licensee shall not be entitled to compensation under section 38. 40(1) The lessee of a mining lease who shall have paid all rents, royalties and other payments to be made by him under this Ordinance or under the terms of his lease may, within one month after the expiration or other determination of his lease, remove all or any of the plant, buildings or other property of the lessee. (2) In the case of any lessee who on the expiration or deter- mination of his lease is in default in the payment of any rent, royalties or other payments, and in the case of a lessee who has not removed his property within one month as aforesaid or within such further time (if any) as the Governor may allow, all the plant, buildings and property of the lessee on the land the Government and may be dealt with and disposed of in such manner as the Governor may direct. 41. If there shall be a breach on the part of the lessee of a mining lease of any condition or provision of this Ordinance or of any rule made thereunder, or of any of the terms, covenants or conditions of his lease, and if the lessee shall not make good such breach within such period, not being less than one month, as the Governor may decide, from the date of receiving notice in writing from the Governor so to do, or if the lessee shall wholly discontinue operations under the mining lease during a continuous period of six months, without the consent in writing of the Governor, then the lease may be determined by the Governor, without prejudice to any claim against the lessee which shall already have accrued* The decision of the Governor determining the lease shall be sufficiently notified to the lessee by its publication in the Gazette: Provided that the Governor may, in lieu of determining a lease, order the lessee to pay a penal rent of such amount ndt exceeding three times the amount of the rent payable under the lease, as the Governor may determine, from the date on which the breach commenced until the same is made good. Such penal rent shall be in addition to the rent payable under the lease, and shall be paid monthly without demand and shall be recoverable as rent. 42. Notwithstanding anything in this Ordinance or any rules made thereunder to the contrary the Governor may, in special circumstances, grant a mining lease upon such special terms and conditions whether in accordance with the provisions of this Ordinance and any rules made thereunder or not, as he may think proper. _.. ." : ....i. '..'. .:...'. ..... . 42A..... 42A. It shallbe lawful for the Governor by notice published in the Gazette, to declare that the whole or any part of a Chiefdom in Sierra Leone shall be a Linensed Mining Area, and he may likewise by notice published in the Gazette close to mining under an Alluvial Gold Mine ing Licence, the whole or any part of such Licensed Mining Araa, and such notice shall specify a date from which mining uder such Licence in such area or such part of such area shall no longer be permitted, 42.B. (1) It shall be lawful for the Governor to grant.an Alluvial Gmld Mining Licence to any native person demiciled in a Licensed Mining Area in respect of which the licence is issued, and to any cr7.* pth:rnative .persk nxWt::. a'do'mi-diled approved'.1.y "th- .ri'b rA hA UtOr ty f the Chiefdom in which the Licensed Mining Area is situated. (2). An Alluvial Gold Mining Licence shall only be issued to person of good character, and no such licence shall be issued without the con- sent of the Chief Inspect of Mines to any person who has been convicted of an offence under this Ordinance. (3). The holder of an Alluvial Gold Mining Licence shall personally work the aresrespect of which the licence is issued, but. he may employ not more than three assistants. (4). The Governor may refuse to grant a licence under this section or may for good cause, revoke any licence granted and may award such compensation as he may deem just to the holder of any licence which has been revoked. (5). A licence granted under this section shall expire on the 31st day of December in the year in which it was issued. (6). The fee for a licence granted under this section shall be such as may he prescribed by Rules under this Ordinance. (7). A licence shall not be transferable. or (8) The holder of a licence shall at all times when mining.carry- ing gold have his licence abailabe and shall produce it on demand. (9). The holder of an Alluvial Gold Mining Licence shall pay com- pensation to the owner of any economic trees or crops removed, des- troyed or damaged by him or his workmen. (10).' If the person claiming compensation and the holder of an Al1-uli .Gm 1 Mining Licence are unable to agree as to the amount of ccomptns- ation shall be assessed and determined by the District Commissioner, subject to appeal to the Governor, whose decision shall be final. Notice of any such appeal shall be given to the District Commis- sioner not later than fourteen days from the date on which the de- cision of the District Commissioner was given. 42.C.(1). The Governor may appoint for each Licensed Mining Area an.- officer to be called a Warden. (2). The Governor may at any time transfer .a Warden from one Licensed Mining Area to another. 42.D. An Alluvial Gold Mining Licence shall entitle the holder to mine for alluvial gold at any place within- the Licensed ~Mining Area in respect of which the licence is issued. Provided that such licence shall not entitle the holder 'to miane on land the subject of a mining right, mining-lease, or an exclusive. prosepcting licence, or without the consent of the Conservator of Forest Reserve, withth &'FoitesiReserve; .nor-shall it authorize the', holder of a licence to mine on or nndqr land occupied-by a town, village market or burial ground ,orland.habitually used Qr occupied for sacred or ceremonial purposes, or within one hundred ~:A. :S of. any 4f the places beforementi-ned or within one hundred yards of a Government or public building or work's, or any public road, tram- way or railway, in a manner dangerous to .any such town, village, mar- ket place, building, works, road tramway or railway. /And., And provided further that no holder of a licence as aforesaid shall commence or cease mining operations under his licence without first notifying the Tribal Authority and the Warden of the Licensed Mining Area in respect of which his licence is issued, of his intend tion to commence or to cease such operations, 42.E. (1). The holder of an Alluvial Gold Mining Licence shall sell gold only to a licensed gold buyer and a licensed gold buyer shall b buy gold omrzy from the holder of an Alluvial Gold Mining Licence. (!). A gold buyer's licence may be granted by the Chief Inspector of Mines in the prescribed fee and shall authorise the per- son named therein to buy alluvial may in his discretion refuse to grant a gold buyer's licence to any person. (3). Every gold buyer's licence shall shall expire on the 31st day of December in the year in which it issues. No licence shall be transferable. (4). A buyer of alluvial gold shall pay such prices thereof as may be prescribed from time to time by notice in the Gazette. (5). On the grant of every gold buying licence there shall be issued to the gold buyer a record book in which he shall .,enter from time to time, whenever he buys gold, the date of the transaction, the quantity of gold bought, the name of the seller and the number of the Alluvial Gold Mining Licence issued to the seller of such gold. (6). Every gold buyer shall produce his licence and record book on demand made by any officer of the Mines Department constable or court messenger and shall return the record book when- ever he shall require a new gold buying licence. (7). All alluvial gold bought by a gold buyer under his li- cence shall pay royalty and be exported from Sierra Leone only in accordance with the Rules made generally for that purpose under the Ordinance. (8). Nothing in this section shall require an Administrative Officer, buying alluvial gold as part of a Government shheme to assist the holders of Alluvial Gold Mining Licence, to take out a gold buyer's licence or to pay a fee therefore. 42.B. (1). On the grant of every Alluvial Gold Mining Licence the Governor shall issue to the holder of the licence a gold sales card, which the holder shall produce on demand by any officer of the Mines Department, constable or court messenger or whenever he sells gold. (2). A buyer of alluvial gold grom the holder of an Alluvial Gold Mining Licence shall enter in the gold sales card at the time of the transaction the date thereof the quantity of gold.bought.and the name of the buyer. (3). On the expiry of cery Alluvial Gold Mining Licence the holder shall return to the Governor his gold sales card. 42.G. (1). Any person who shall commit a breach of any of the pro- visions of sections 42. E., 42F, or 42G (1) and (2) shall be liable to the forfeiture of any licence which he may hold in addition to pun- ishement on summary conviction to a fine not exceeding one hundred pounds or to imprisonment, with or without hard labour for a period not exceeding one year. S(). Any person contravening section 42G (3) shallbe liable on summary conviction to a fine not exceeding twenty-five pounds or to imprisonment with or without hard about for a period not exceed- ing three months, /Provisions Regarding.... PROVISIONS REGARDING WATER. 4. No person shall in the course of mining or prospecting operations or in any works connected therewith pollute or permit to become polluted the water of any river, stream or watercourse. Any person contravening the provisions of this section shall be guilty of an offence against this Ordinance, and shall be liable on summary conviction to a fine not exceeding one hundred pounds, and in the event of the offence being continued after conviction, t a fine not exceeding five pounds for each day during which the offence shall be continued. 44(1) .t shall not be lawful for any lessee of a mining lease or the holder of a mining right to make or permit any other person to make, without the permission of the Governor, any such alterations in the water supply of any lands as may prejudicially affect the water supply enjoyed by any other person or lands. (2) Whenever any such alteration shall have been made, the mining lessee or the holder of the right benefited thereby shall, in the absence of proof to the contrary, be presumed to have made it. (3) Any person contravening the provision of sub-section (1) shall be liable to the penalties provided in section 43. 45. Any person who offends against any of the provisions of either of the last two preceding sections may by order in writing be required to take such action as may be directed to prevent a continuance or recurrence of the offence and within such time as maybe directed in the order. Such order may be made by the Governor or by such officer as may be prescribed. Any person who fails to comply with any such order shall be liable on summary conviction to a fine not exceeding ten pounds for each day during which such failure shall continue. 46(1) If it shall appear necessary for,the proper working of the area comprised in any mining lease or mining right the Governor may, on such terms as he may think proper, grant to the lessee of or holder of a mining right over the mining area a licence (which shall be known as a water right) to obtain and convey from any river, stream or watercourse outside the mining area such volume of water as may be required for the purpose of mining within the same and for such purpose to occupy such land as may be required for a dam, reservoir or pumping station, and for the conveyance of such water to the mining area by the means of pipes, ducts, flumes, furrows or otherwise: Provided always that - (a) no such licence shall be granted until after the expira- tion of one month from the date on which notice of the application for the licence has been published in the Gazette and posted in a conspicuous place at the office of the Chief Inspector of Mines; (b) no such licence shall be granted if it is shown to the satisfaction of the Governor that the exercise thereof will prejudicially affect any existing right in or over the water supply to which it relates, unless the applicant shall pay to the person whose rights willbbe prejudicially affected such compensation as may be agreed upon between the parties or as may be determined by arbitration; (c) the provisions of section 35 (2) (3) (4) (5) and (6) and provisions of section 38 shall apply, mutatis mutandis, to every licence granted under this section. (2) Pending ........ (2) Pending the grant of a water right for which application has been made the Governor may grant to the applicant, on such terms as he thinks fit, provisional permission to exercise and enjoy the powers and rights for which such application has been made: Provided always that no such provisional permission shall be granted until after the expiration of one month from the date on which notice of the application has been published and posted as prescribed. (3) When a person has made application for a mining lease or mining right in respect of any area and it appears that, in the event of such mining lease or mining right being granted, the grant of a water right under this section will be necessary for the proper working of the area, the Governor may, on such terms as he thinks fit, grant to the applicant a provisional water right under this section. Such provisional water right - (a) shall not become operative unless and until a mining lease or mining right over the said area shall be granted to the applicant: Provided that, if the applicant has been granted permission-under section 23 to mine on the area prior to the grant of the lease or mining right, the Governor may, subject to such terms as he thinks fit, permit such provisional water right to become operative at any time after the expiration of one month from the date on which notice of the application for it has been published and posted as prescribed; and (b) shall become null and void unless such mining lease or mining right be granted to the applicant; and (c) shall be subject to the provisos set out in sub-section(1), save that the payment of compensation required by proviso (b) shall not be required to be made prior to the granting of the provisional water right; and (d) shall become operative and.have the same force and effect as a water right granted under sub-section (1), upon the applicant paying the compensation set out in proviso (b) to sub-section (1) and receiving a grant of a mining lease or mining right over the said area. 47. Every application for a water right shall be in the pre- scribed form. 48. The holder of a water right shall not transfer his right or any portion of his rights granted thereunder without the consent of the Governor signified by endorsement on the instrument of assignment. The transferee of a water right shall be liable for all rents and obligations which may have accrued at the time of transfer. 49. A water right may be surrendered at any time after one month's notice in writing has been given to the Chief Inspector of Mines of the intention to surrender, if the sanction of the Governor be endorsed in writing on the instrument of surrender and on payment of the prescribed fee (if any), but not otherwise: Provided that such surrender shall not affect any liability incurred by the holder before such surrender shall have taken effect. 50. The ...... |