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List of ordinances
Page i Page ii Page iii List of public notices Page iv Page v Page vi Page vii Page viii Page ix Ordinances 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 B 1 Page B 2 Page C 1 Page C 2 Page C 3 Page D 1 Page D 2 Page E 1 Page E 2 Page E 3 Page E 4 Page E 5 Page E 6 Page F 1 Page F 2 Page F 3 Page F 4 Page F 5 Page F 6 Page F 7 Page F 8 Page F 9 Page F 10 Page F 11 Page F 12 Page F 13 Page F 14 Page G 1 Page G 2 Page G 3 Page G 4 Page G 5 Page G 6 Page G 7 Page G 8 Page G 9 Page G 10 Page G 11 Page G 12 Page G 13 Page G 14 Page G 15 Page G 16 Page G 17 Page G 18 Page G 19 Page G 20 Page G 21 Page G 22 Page G 23 Page G 24 Page G 25 Page G 26 Page G 27 Page G 28 Page G 29 Page G 30 Page G 31 Page G 32 Page G 33 Page G 34 Page G 35 Page G 36 Page G 37 Page G 38 Page G 39 Page G 40 Page G 41 Page G 42 Page G 43 Page G 44 Page G 45 Page G 46 Page G 47 Page G 48 Page G 49 Page G 50 Page G 51 Page G 52 Page G 53 Page G 54 Page G 55 Page G 56 Page G 57 Page G 58 Page G 59 Page G 60 Page G 61 Page G 62 Page G 63 Page G 64 Page G 65 Page G 66 Page G 67 Page G 68 Page G 69 Page G 70 Page G 71 Page G 72 Page G 73 Page G 74 Page G 75 Page G 76 Page G 77 Page G 78 Page G 79 Page G 80 Page G 81 Page G 82 Page G 83 Page G 84 Page G 85 Page G 86 Page G 87 Page G 88 Page G 89 Unnumbered ( 135 ) Page G 91 Page G 92 Page G 93 Page G 94 Page G 95 Page G 96 Page G 97 Page G 98 Page H 1 Page H 2 Page H 3 Page H 4 Page I 1 Page I 2 Page I 3 Page I 4 Page I 5 Page I 6 Page I 7 Page I 8 Page I 9 Page I 10 Page I 11 Page I 12 Page I 13 Page I 14 Page I 15 Page I 16 Page I 17 Page I 18 Page I 19 Page I 20 Page I 21 Page I 22 Page I 23 Page I 24 Page I 25 Page I 26 Page I 27 Page I 28 Page I 29 Page I 30 Page I 31 Page I 32 Page I 33 Page I 34 Page I 35 Page I 36 Page I 37 Page I 38 Page J 1 Page J 2 Page J 3 Page J 4 Page J 5 Page J 6 Page J 7 Page J 8 Page J 9 Page J 10 Page J 11 Page J 12 Page J 13 Page J 14 Page K 1 Page K 2 Page K 3 Page K 4 Page L 1 Page L 2 Page L 3 Page L 4 Page L 5 Page L 6 Page L 7 Page L 8 Page L 9 Page L 10 Page L 11 Page M 1 Page M 2 Page M 3 Page M 4 Page M 5 Page M 6 Page M 7 Page M 8 Page M 9 Page M 10 Page M 11 Page M 12 Page N 1 Page N 2 Page N 3 Page N 4 Page N 5 Page N 6 Page N 7 Page N 8 Page N 9 Page N 12 Page N 13 Page N 14 Page N 15 Page N 16 Page N 17 Page N 18 Page N 19 Page N 20 Page O 1 Page O 2 Page P 1 Page P 2 Page P 3 Page P 4 Page P 5 Page P 6 Page Q 1 Page Q 2 Page Q 3 Page Q 4 Page R 1 R 4 R 7 R 8 R 9 R 10 S 1 S 2 S 3 S 4 S 5 Unnumbered ( 268 ) Unnumbered ( 269 ) S 8 S 9 S 10 S 11 S 12 S 13 S 14 S 15 S 16 S 17 S 18 S 19 S 20 S 21 S 22 S 23 S 24 S 25 S 26 S 27 S 28 S 29 S 30 S 31 S 32 S 33 S 34 S 35 S 36 S 37 S 38 S 39 S 40 S 41 S 42 S 43 S 44 S 45 S 46 S 47 S 48 S 49 S 50 S 51 S 52 S 53 S 54 S 55 S 56 S 57 S 58 S 59 S 60 S 61 S 62 S 63 S 64 S 65 S 66 S 67 S 68 S 69 S 70 S 71 S 72 S 73 S 74 S 75 S 76 S 77 S 78 S 79 S 80 S 81 S 82 S 83 S 84 S 85 S 86 S 87 S 88 S 89 S 90 S 91 S 92 S 93 S 94 S 95 S 96 S 97 S 98 S 99 S 100 S 101 S 102 S 103 S 104 S 105 S 106 S 107 S 108 S 109 S 110 S 111 S 112 S 113 S 114 S 115 S 116 S 117 S 118 S 119 S 120 S 121 S 122 S 123 S 124 S 125 S 126 S 127 S 128 S 129 S 130 S 131 S 132 S 133 S 134 S 135 S 136 S 137 S 138 S 139 S 140 S 141 S 142 S 143 S 144 S 145 S 146 S 147 S 148 S 149 S 150 S 151 S 152 S 153 S 154 S 155 S 156 S 157 S 158 S 159 S 160 S 161 S 162 S 163 S 164 S 165 S 166 S 167 S 168 S 169 S 170 S 171 S 172 S 173 S 174 S 175 S 176 S 177 S 178 S 179 S 180 S 181 S 182 S 183 S 184 S 185 S 186 S 187 S 188 S 189 S 190 S 191 S 192 S 193 S 194 S 195 S 196 S 197 S 198 S 199 S 200 S 201 S 202 S 203 S 204 S 205 S 206 S 207 S 208 S 209 S 210 S 211 S 212 S 213 S 214 S 215 S 216 S 217 S 218 S 219 S 220 S 221 S 222 S 223 S 224 S 225 S 226 S 227 S 228 S 229 S 230 S 231 S 232 S 233 S 234 S 235 S 236 S 237 S 238 S 239 S 240 S 241 S 242 S 243 S 244 S 245 S 246 S 247 S 248 S 249 S 250 S 251 S 252 S 253 S 254 S 255 S 256 S 257 S 258 S 259 S 260 |
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.-. 1946 it Ordinnace to amena tne UDolic aeamln ru*. .124. 2* ordinance to .,r.end the Alteration or Uime ura. 1932. 3. ~rdinance to Nnend the courts urd. 1945. 4* ordinance to ,'mend the jiperial ~jatutes criminall (LA~J) A option ura. l19j. 5. ordinance to Aeend the tensions (,uropean vrticers) urd. 1924 6. ordinance to quend the tensions (pon-juropean (Officers) ord. 1924. 7. urdinamce to Amend the i'ootor Trarric rac. iyj9. 8. Ordinance to agend the jeacners' superanuition inurd Ora., 144 9* urdinance to Amend the coroners orad., ~194. 4L. ordinance to Amend the ruDlic Lands v rd, 1924 11. ordinance to jternd the ilotage urd. 1924. 1i. ordinance to provide for the preservation aZ ancient historical, aid natural yonuents, etc. 13. Ordinance to Amend the royal west'arrican frontier force ord. 19V4 14. Ordinance to anend the ezefence iLands Acquisition ura. 1942* 15. ordinance to -'ronibit the presence oir nauthorised persons within nis via esty's naval astablisnrients in the colony. 16. ordinance for conferring on a Certain company nsn ea the Oocony-vacuum uil uomipany Tf new iork in the United states or .,ierica the capacity to hold neael Property in the colony. 17. ordinance to provide ior Assistance in the oeveiopnmeat or industries in oie;ra Leone. ib uordinaice to provide for the naisin! or a loan for the expansion c~ the sierra Leone Governm at electricity pUnaertaking. ordinance to ".ake provision for xown and country Plan- ning. 20. oraiiance to Iiend tie Liquor Licence vra. 19z4. I. ordinance to amena tne income .iax r.rinace, L' - z. Grcinrnre to m,,unorise ne ,cculsiTzn or certainn jafa usea or deal' -v;in lor ,,ar purposes. v ordinance to enable tne Governcr in councill to maKe nules =z r' Tne rr vention o i the Intrcauction or -preaci of rest etc. 4. Ordiranco n~elating o i. ---ration 45. ordinance to Ajm-nd the iline'als Ord. 19)d'. 26.' ordinance to provide for the service or the colony and Protectorate or oie:'ra Leone for the year i 47. 27. vrcinance to make Oupplimentary provi :-ont or tne public Oervice of tLe Colony and rro. or sierra Leone for the year one thousand nine hunared anm torty rive. 28 ordinance to Amend tne 29. ordinance to .amend the urd. 1935* 30. ordinance to unend the ora. 1i24* 31. orailnance to amend the 32& ordinance to juend the Ordinance, 1924. 33. Ordinance to 0LLenid the uraiinace, 1 44. 34. ordinance to -ierd the 35. ordiinance to amend the 36. Ordinance to eeanit he 1924. criminal procedure urd. 1y1j. appeals Zrom 1..&i.trates jurors anda.asessors courtss ord, 145. !Uiui.Lhry neviJev diseases or A,:iAl:.,s ri.inerals ordinance, 19?7. gost Qfrice urd. I~pa4 public health Ourcinnce, 37. ordinance to Atnendthe noyaL ,est nrrican frontier rorce ordinance, 1924* 38. ordinance to NmenTd the pensions xuropean vfticers) (Old conditions or service) urdinance, 19391 39. ordinance to A ,end the racess disputes vrainance, 4v, ordinance to Anenr the rublic ufricers guarantee Fund urdinance, 1924. 4.* Ordinance tao end the eoauisi tLond and S,,orks ordinance, 19b4. rdiimnces contu. (iia 4?- -r21inance to moenaL tne ,,aes ,,pord.- urair1ce, gl 194. 43. r ,rainance to jimera tne unaesirao.le "-dvertisemnents Cir a n;e, Ic 2 ) 4 1. .ne ivagistratest ;urts nules. 1'4o. *. *-ne supreme court (,eniment) Aules. 1946. j* xne ijerence regulations (iuo. 11), 1939. 4. Lne protectorate urainarce, 19i33. 5. Vrotectorate vr.inance, 19j3 .io. 32 oI 1933) 6. Tne protectorate urainance, 193jj 7y .Ine impounding uroi nn ce, 1 i4. 8. rThe risons ordinance, 1924. (Cap. 162) 9. The prisons ordinance, 1924 lO. The Customs Ordinance, 1924. 11. i ne Defeice egulae tions (o. 11) 1939* 12. iThe wvages boards ordinance, 1945. 13. rne explosives ordinance, 1924* 14. ne .snployers and -!.iloyed ordinance, 1934- 15. Thne *:ages boards ordinance, 1945. lo Thne iJotor iTraffic ordinance, 1939. (vo. -4 or 1939) 14. Tne customs ordinance, 1924 (0ir. 49) T8. The uustans ordinance, 1924 ( 4ap. 49.) 19) The petroleum (.'o. 3) ordinance, 1924 (%ap. 154) .2. iThe tniei'aom T'ax ordinance, 1937- 21. The rejtructive pests ordinance, 192,4 -ap. j) 2z. r he I:otor Traffic ordinance, 1939. (.io. ~e oz 1939) 23. xhe public holidays ordinance, 1932 (,o. 3'/ o0 1932) 24. rne public tolid!-ys ordinance, 1932 ( No. 37 or 1932) 2$. provisional xr-les and uraers, 1945 AiR AVIani.lu-* 26. The inergency powers (Defence) Act, 1939 27. " 28. The pensions(:uropean officers) ordce, 1904, a&pI the Pensions (ion juropean ufficers)urainanlce ,z924 29. ine pensions ('Vo- unPSiAM uwIrito) Ordainancea 194.* 30, The emergency powers (uN3!.' 1 ) ACj, 1939. 31, ih.e -r ncy yawvs ,jranuiLionai r-ovisions) ,, !96. =- i-u- 1iC' 46u. to rlu a 1j946. ag i) 32* .ehae supplies and services (iL A0olTiUA .O;,) Act, 1945. 33. Tne Forestry ordinance, 19 4 ("A.? 74). 35* " 3 " 37, I i" , 38* a t 39. The jogs ordinance, 19gz4 (cap. 9)4) 4ov inea hailway orcainance, 1924 (sar. bo0) 41.' ina forestry ordinance, 192 (AP 74)a 42. The prisons urainance, 14* (;p 162). 43. rne forestryy ir.ainarne, 1'4 (-AP. 74). 44. i " 45. Ine Forestry urainance, 1924 (ui-P /4). 46. 'rhe Forestry ordinance, 194. 47. rlne forestry urainance, 192 4 (uaP. 7y4), 48. ihe forestry urdinarne, 194z 49. i'te Railway ordinance 19e 4 (lA lov) 5u0 The official oaths urajinance, 194.- 51f. he uerence Keguo1tijns (io. 11) 1939q 52o. ihe Native courts jurisdiction ordinance, 1~2* 53. The Iative Courts j'urisaiiction urainance, 1932. 54. Tne railway ordinance, 1924. 55a ine Ilinerals ordinance, 1927. 56. uanr e of titless urainance, 1933* 57. emergency Laws *(ransitionsi 0 rVvisicni .s u., 19460 58. court at aucKingiam pala ce* 59s supplies anLL services (r-vdiTl3t nVaL.tin) .T, 1945. A. ~lus u!L ,Goj i _'l .996 agei'i) 6o0. urt at. uckingnam palace. b6 jne ueience regulations (hO. 11). lyj9. 62. .ne ijerence regulations L,. L yj . b63. Lne .inTerpretation ordinance, i3jj. 64. 'The ,:inerals ordinance, i12y. o0) *ne %ustomcs vrraia ice, l-94. 66 Deieronce regulations (1o. 11). 19j9. 67b 'ne uejence regulationss Iu, 11). L 39. 68. The Teolegrapins ordinance, 1924. 69. The lotor Trafic ordinance, 1939. 70. The tirth end .eatnia regulation orulini ce, i-L94 71* Tne customs *rarirri ordinance1 1932j 72 Thie Public holidays orirna ice 19tg3 73. ~nie %ourt messengers ordina;ne, 191j. 74. Trne railway ordinance, i924. 7b.? THi C OG hi art :3 1924. (a1U-. 54) 76. *The v-reeto-wn impro vemtan t a' dinrance, 194. 77 i-he kail:vay urdiLnace, 19-4. 78. The uefence _.eoulations ivO. 11 1939. 79. The ueience regulations iO. 11. 1939. 80d. It the ;ourt at nucki.iLam palace the 15th day or i 46* 61.* *ihe customs (aite"I1) eguiations, *1930 82. The ,.ages boards urdinanee, 1945. 83. Tine Railway ordinance, 19A4. 604*- t1ie Prisons urdiiance, 1924. 85. ine prisons urdinaice, 1924+* 6r T4 he electric jLight and po,;er urcin ance, ib. 87. *he ujeence rQeulations su. 11 19j9. 856 'hie jerence nagulaticrs j\O. i11 19-. b9 I: e iags noarus ordinance, I4. 'j I, 16 or 19y) 90. ine ijeience n-,ulations (CO. 11) 139J. 9.. mne protecto raie orcian:cea i- Y 91i Fine protectorate ordinate, iL33. yj. Ine railway vraiimn ce, 19e4. 9+, Ie 1^ elence neguations (i, Ji). 1j939 95- tLhe .erence Regaulations (aO. la). 1ij9. 9b. Myloyient or aX service -en crdiiance, 14. of 194%. 97* The Telegraph ordinance, L,9,. 9go mIne forestry oraina;ice, 1924. 99. Tihe forestry ordinance, 1i24. (uF-. .4), jL-u il lI0. a- le0u. xhe Jefence 1;ulations x)o. 11 19j9. 10j. line iefernce Aeoula.tions 1i,. kL. 1)39. Iu4. .tie ;waes boards ordinance, 19' . 1U!. *ne Aricultural rdinaace, 19*.+o lub. `Xne agricultural orui:iiiae, e .1946. lu7. -ne A-ricultural ordinance, 194b. 1o8. tne agricultural urcdiance, y196. lu9. -T.re rtraaing vith tne anemy vrainance, 193 . llu. .he uerence -,neulations jo. 11 19o9. 111. ne verence regulations (u. Al 1j39. lli. The ueaence regulations (i\;. 11. ) 19j9. l13. The Railway orcirnance. 192-. 114-. me ust1ns urdiniance, 19"4. Ilib, ; ine uustons ucrinance, 19. ) 1 11b. Ine uefence regulations (iuv. 11) 19j9. UiL :.u o_ !.. '194o. Lage 'v) 1l7. lhe Alience KeEulations (. 11). 1939. llo. *ne pilotage %rcanance, l94. 19 'ine Xore stry vrainance, 19l . 12. rne L'orestry urainaice, iy4. 1il, ne -'orestry ordinance, ly 4. 12l. he or ...try i rcinmancoe L9.4-. 1.23. *ne forestry .rac.nance, 19i4. 124. Vne forestry urcinalce, 194. 12. one r-orestry urdiinn Ce 19 4. 126 6 i.he rora stry urcinance, 1~ 4. 12/. ine j~rence n-gulations lo. 11) L99. 120. Irne xreetown ,,aterworks urainance, 1924. 129. 13v the uelence negula-tiors (io. 11) 1939. 1j1. ine pensions (EURnCeiily ^'rlCi) nWLl'mDI 1U2 . 132. The pensions C(on-;~uinO'i .' *Cluairo) ordinance, 19ql . 133. Tne uerence neSulations (Ro 11) 19339 134. i-ne r-orestry urdina.cae, 124. '1(9M.. 7y.) 135. ene jolaea ri oven ,ooeu urciinance, 1.y3. 136. iThe mLotor jirarric orciance, 19359 13,7. ine uirermeLa aiulations (u'. 11) l7j3y l38* "he customs urainarce, 19,4, -lle-'a. 49- 139. ine mineralss Orcinance, 19L'y 140. L1ne ulrence regulations (ii0. 11) 1939. 141. riTne protectorate urdiinance, 1933* 142. T.he rail-way orcinaaice 19z4. 143. 'he forestry urainance, 1924 (CP. '7. 144.i rne forestry urainance, 419-4(may. /4) 145. rne tor-stry yrdinanice, 1924. 146*. ne ,,ricultural orainai ce, 194*6 14t+i. 51e ,..ili.;:Cy ordinance 1y<24 lj Lne ri'oLstry _rauinmnce, Lyr-4. 11+4 ne ,oresTry ,:rainance, 129124- i46. Lne i'orestXry vrainawicez lyria 746 0. n e g2icc u!iural -rainance -, J64o. i47* .ne Agri-Lcu Lura, l rainaoce J-9 L*6. jL4U *'ie WaicuLTur i.al vrainaace, y946. 149. i'le .gric'iutLural uralnance, 1946. Lj. hi~ae Vi'orestry vrainalce, 1924. ij.. .ne j;erency a'is ( e j .eiljIon, i.aiwYl a -L) Sirs nd ,egira e, yo 12. ine ,ir^'ns sad ,eax-ns degisTraatio n crulnm^ ce, 1724* CAT. Supplement to the Sierra Leone Royal Gazette, Vol. LXX VII, No. 3897, dated 7th February, 1946 In His Majesty's name fifth day of February, 1946. No. 1 I assent to this Ordinance this HUBERT STEVENSON, Governor. 1946 Colony of Sierra Leone An Ordinance to Amend the Public Health Ordinance, 1924. Cap. 171. [7th February, 1946.] Dateof con- mencement. BE IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows :- 1. This Ordinance may be cited as the Public Health Short title. (Amendment) Ordinance, 1946. 2. Section 2 of the Public Health Ordinance, 1924, (hereinafter referred to as the Principal Ordinance) is hereby amended- Amendment of section 2 of Cap. 171. SNo. 1 Public Health (Amendment) 1946 (a) by the deletion therefrom of the definition of the term house ", and the substitution therefore of the following definition :- House includes dwelling-house, ware-house, / office, shop (including work-shop), factory, School, institution and any other building 0iQ in which persons are employed or reside and includes any yard, garden, out-houses, and appurtenances belonging thereto or usually enjoyed therewith; (b) y the addition of the following new definition : mosquito means the insect and includes its eggs, larvae and pupae; and (c) by the deletion of the definition of owner and the substitution therefore of the following defini- tion :- owner includes the person for the time being ,/ receiving the rent of any premises, whether on his own account or as agent or trustee or as receiver, or who would receive the same if such land or house were let to a tenant and includes the Crown and any local or native authority." Addition of 3. The Principal Ordinance is hereby amended by the new section insertion immediately after section 30 of the following new to the Principal section :- Ordinance. "30A. (I) Any person who, on any premises, establishes without the consent of the Sanitary Authority an offensive trade as hereinafter defined, shall be liable to a fine not exceeding fifty pounds. (2) The Governor in Council may make rules for the control of offensive trades and of trades concerned in the manufacture, preparation, storage, sale or distribution of food for human consumption. (3) For the purposes of this section- food means every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food, and flavouring matters or condiments. offensive trade means any of the following trades manufactures or businesses namely- The trade or business of a soapmaker, soap boiler, soap refiner, tanner, leather dresser, fellmonger, dye worker, slaughter house pro- prietor, blood boiler, fat-extracter, fat-melter, Io. 1 Public Health (Amendment) 1946 3 and any other trade declared by the Governor in Council from time to time to be an offensive trade. trade concerned in the manufacture, preparation, storage, sale and distribution of food means any of the following trades businesses or manufactures, namely- The trade or business of mineral water manufacturer, ice manufacturer, wine and spirit seller, baker, butcher, hotel, boarding house, lodging house or restaurant keeper, cold storage establishment keeper, wine storer, wine blender, wine bottler and any other trade declared by the Governor in Council from time to time to be a trade concerned in the manufacture, preparation, storage, sale and distribution of food. (4) Any person acting in contravention of any rule made under this section shall be liable to a fine not exceeding ten pounds." Repeal anu 4. Section 33 of the Principal Ordinance is hereby replacement repealed and replaced as follows:- of section 33 of the Entry and 33 (I) (a) The Sanitary Authority or any Principal inspection Ordinance. by sanitary person authorised by him either generally or Ordinance. authority or specifically in that behalf in writing may, between authorised the hours of six in the morning and six in the person. evening, with or without assistants, enter and examine any premises in order to ascertain whether they or any thing thereon are in a condi- tion favourable to the propagation or harbouring of mosquitoes. (b) The owner and the occupier of any premises shall permit the Sanitary Authority or any person so authorised by him as aforesaid with or without assistants to have access thereto and to any part thereof for the purpose of subsection (I) (a) of this section and shall supply all such information as the Sanitary Authority requires and as is reasonably necessary for that purpose. General (2) (a) The Sanitary Authority, if as a power of h S sanitary result of any such examination it appears to him authority that any premises or anything thereon is likely to to order give rise to the propagation or harbouring of action. . mosquitoes, may, by order in writing addressed to the owner or occupier of such premises, direct him within a specified time to take such specified 4 No. 1 Public Health (Amendment) 1946 measures with regard to the premises or for the treatment, destruction or removal of anything thereon as may bring them into a condition unlikely to give rise to the propagation or harbouring of mosquitoes. (b) In particular and without prejudice to the generality of the powers aforesaid, the Sanitary Authority may in such order direct the owner or occupier to drain any land or fill up inequalities in the surface thereof or to construct other works so as to keep the land permanently free from standing water to the extent required by the order, and to refrain from doing such things or keeping such animals as may damage work done or increase the cost of maintenance thereof. Prohibition (3) Where on any land a stream or stand- ucerng ing water is afforded shade by undergrowth and Growth. other vegetation, no person shall cut down or clear, or cause to be cut down or cleared, such under- growth or vegetation without the previous written sanction of the Sanitary Authority, or at the specific request of the Sanitary Authority. Power of (4) (a) The Sanitary Authority may, by sanitary authority order in writing, direct the occupier of any premises to order to cover within a specified time and keep continu- covering of ously covered any specified vessel or receptacle, tanks and receptacles. including any tank, cistern, or well, on or appertaining to the premises so that mosquitoes shall be unable to enter such vessel or receptacle. (b) Where any premises are unoccupied such order may be addressed to the owner thereof as if he were the occupier. (5) No quarry, excavation or borrow pit for the removal of sand, clay, gravel, soil, stone or any other substance shall be made except with the written permission of the Sanitary Authority. (6) Any person who has received permis- sion to excavate shall take all necessary steps to avoid creating conditions or circumstances likely to lead to the accumulation of water wherein mosquitoes might breed, and shall carry out all reasonable instructions of the Sanitary Authority in this connection." Public Health (Amendment) 5. Section 34 of the Principal Ordinance is repealed and Repeal and replacement replaced as follows :- of section 34 Power of 34. (I) The owner or occupier of anv Pncpal sanitary Principal authority premises shall take such measures as are reasonably Ordinance. to take necessary :- preventive measures. (i) to destroy mosquitoes wherever found; (ii) to collect and remove empty tins, cans bottles or other receptacles in which mosqui- toes may breed; (iii) to cut down and remove any grass, bamboo stumps, fern, under-growth or other vegeta- tion in which mosquitoes are likely to breed or be harboured; (iv) to bring any water or swamp into a condition not favourable to the propagation or harbouring of mosquitoes; (v) to fill with concrete or otherwise treat holes or hollows in trees which hold or are likely to hold water. (2) The Sanitary Authority or any person authorised by him either generally or specifically in that behalf in writing may, upon such terms as the Sanitary Authority considers reasonable, take all reasonable measures on behalf of such owner or occupier to carry out the provisions of sub- section (i) of this section and the cost thereof shall be recoverable from the owner or occupier by the Sanitary Authority as a debt due to Government. Provided that, if it appears to the Sanitary Authority after due enquiry that the owner or occupier has not the means to meet such costs, the measures aforesaid shall be carried out at the expense of Government." 6. Section 37 of the Principal Ordinance is hereby Repeal and replacement repealed and replaced as follows :- of section 37 37. The provisions of the last four preceding of thepal s Principal sections shall apply to an area having a radius Ordinance, of five miles, with Fort Thornton, Free- town, as the centre, but it shall be lawful for the Governor in Council, by Order, to apply all or any part thereof to any town or village, or part of a town or village, or any area, of the Colony, with or without conditions," No. I 1946 5 O No. 1 Public Health (Amendment) 1946 Repeal and 7. Sectio 39 of the Principal Ordinance is hereby replacement of section 39 repealed and replaced as follows:- of the. Principal Sanitary 39 (I) (a) If the owner or occupier of any Ordinance. authority dia mayc. perform premises on whom an order under the provisions work and of subsections (2) and (4) of section 33 has been cover served fails to comply with the terms thereof, the Sanitary Authority, or any person authorised by him either generally or specifically in that behalf in writing, may enter upon or into the said premises with such assistants and things as are necessary and may perform and do thereon or therein all acts and things required by the said order to be performed or done, and the cost thereof shall be recoverable from the owner or occupier by the Sanitary Authority. (b) If the amount of such cost is not paid by the party liable to pay the same within seven days after demand, proceedings may be instituted for the recovery of the amount as a debt to Government. (c) Nothing in this subsection shall affect any liability of any person to prosecution and punishment under the provisions of subsection (2) of this section. Penalty (2) Any owner or occupier of any premises, on for default. whom an order under the provisions of subsections (2) and (4) of section 33 has been served, who without reasonable cause neglects to comply with the terms thereof, shall be liable to a fine not exceeding fifty pounds. ,Persons (3) If it appears to the Sanitary Authority after unale to due enquiry that any person has not the means to necessary meet the necessary expenses of doing anything expenditure. required to be done by him under the provisions of sections 33, 34 and 39 of this Ordinance such necessary expenses may be met in the manner prescribed by rules under this Ordinance. 14o com- (4) No person shall be entitled to compensation sensation. for any expense incurred or damage occasioned by any order given or act done in pursuance of this part of this Ordinance or any rule made thereunder unless such damage has been occasioned mali- ciously, negligently or ithout reasonable cause," No. i Public Health (Amendmenit) 1946 , 8. Section 40 of the Principal Ordinance is hereby Repeal and repealed and replaced as follows:- of sectmeion of the Mosquito 40 (I) Notwithstanding anything to the con- Principal larva trary.contained in this Ordinance, where mosquito Ordinance. larvae are found by the Sanitary Authority in any collection of water, or in any well, pool, channel, barrel, tub, bucket, or any other vessel in any premises, the occupier or owner in occupation of the premises on which the nuisance arises, shall be liable, on summary conviction, to a fine, not exceeding twenty shillings, for each offence, whether any such notice requiring abatement of nuisance or nuisance order, as is in this Ordinance mentioned, is or is not served or made upon him. Penalty for 40 (2) Any person who, without the consent orkng of the sanitary authority, wilfully interferes with, executed injures, destroys or renders useless any works by sanitary executed or any materials or things placed in, authority under or upon any premises by or under the orders of the Sanitary Authority shall be liable to a fine of one hundred pounds or to imprisonment for twelve months or to both such fine and imprisonment. In addition the sanitary authority may recover from such person as a debt to Government all costs and expenses incurred in re-executing the works or replacing the materials or things so interfered with, injured, destroyed or rendered useless. Premises (3) (a) Where the sanitary authority or any in manner department of Government or any local or native deleterious authority has constructed any works with the to anti- object of preventing the breeding of mosquitoes mosquito works, whether before, on or after the date of the commencement of this Ordinance, the owner and the occupier of the premises on which such works stand shall prevent such premises being used in any manner whatsoever that is likely to cause or has caused the deterioration or to lessen the efficiency of such works. Penalty. (b) Where any such premises are used in such a manner as to lessen the full efficiency of such works, the owner and the occupier of such premises shall, subject to paragraph (d) of this sub-section be liable to a fine of one hundred pounds or to imprisonment for twelve months and the sanitary Public 1fealth (Amendment) i046' authority may enter upon the premises and execute any necessary repairs or work thereon and the cost thereof shall be recoverable from the owner or occupier by the sanitary authority, as a debt to Government. Proviso. (c) Before any proceedings are taken under the provisions of this section, written notice shall be given by the sanitary authority or by the local or native authority to the owner or occupier, as the case may be, specifying what the Sanitary Autho- rity requires to be done or not to be done and giving a reasonable time for compliance therewith. (d) If the owner of such premises is by reason of any legal contract not being a contract made with an intention to evade liability under the provisions of this section, prevented from entering upon such premises to carry out the duties and obligations mentioned in paragraph (a) of this subsection, he shall not be liable to any of the penalties mentioned in paragraph (b) of this subsection, unless it can be shown that he has contributed in any way to the refusal or failure of the occupier to carry out such duties and obligations." Repeal and 9. replacement repealed of section 41 of the Principal Ordinance. Repeal and replacement of section 42 of the Principal Qidinance. 10. repealed Anti- malarial scheme, power to Governor to approve scheme. Section 41 of the Principal Ordinance is hereby and replaced as follows :- 41.. () This part of this Ordinance shall be brought into operation by the Governor-in-Council by Order from time to time, and it shall be lawful for the Governor-in-Council, by such order, to apply this part of this Ordinance, or any part thereof, to any town or village, or part of a town or village, or any area of the Colony, with or without conditions. (2). Notwithstanding the provisions of the immediately preceding subsection, this part of this Ordinance shall, until otherwise ordered by the Governor-in-Council, apply to an area having a radius of five miles with Fort Thornton, Freetown, as the centre." Section 42 of the Principal Ordinance is hereby and replaced as follows:- 42. (I) (a) Notwithstanding the provisions of section 41 of this Ordinance, the Governor may by notice in the Gazette declare any area specified in such notice to be an area in respect of which an anti-malarial scheme has been approved by him and particulars of such scheme shall be contained in such notice. NO. I Public Health (Amendment) (b) Any owner of premises included in such area may within one month of the publica- tion of such notice serve upon the Director of Medical Services, (hereinafter referred to as the Director), in writing any objections he may have to the inclusion of his premises or any part thereof in the proposed area and the Director shall forward such objections with his comments thereon to the Governor in Council whose decision shall be final. (r) The Governor may at any time by subsequent notice in the Gazettlle cancel any such scheme or extend or otherwise vary the specified area or exclude therefrom any premises previously included therein." Management (2) (a) Every area in respect of which a scheme lhas been approved and the work to be done therein for the purposes of the scheme shall be subject to the control of the Director. (b) The Director may, with all neces- sary assistants workmen, and things, enter upon the area in respect of which a scheme has been approved and there construct such drainage and other works as appear to him to be necessary for the elimination of mosquitoes in that area, and for maintenance thereof. Passed in the Legislative Council this thirty-first day of January, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIs PRINTED IMPRESSION has been carefully compared by me with hle Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Flerk qf -oegislative Coungil. 1 P. 1770/30. No. 1 1946 (9 In His Majesty's mn:le I fifth day of February, 194(i. No. 2 assent to this Ordinance this HUBERT STEVENSON, Governor. 1946 Colony of Sierra Leone An Ordinance to Amend the Alteration of Time Ordinance, 1932 [7/lI, February, 1940'.] No. 34 of 1932. Date of commence- ment. BE IT rNACTEI) by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows:- 1. This Ordinance may be cited as the Alteration of Short title. Time (Amendment) Ordinance, 1946. 2. Section 2 of The Alteration of Time Ordinance, 1932, is hereby amended as follows- (a) By the deletion of subsection (1) thereof and the substitution therefore of the following subsection- Amendment of section 2 of the Alteration of Time Ordinance, 1932. ' No. 2 Alteration of Time (Amendment) 1946 (1) The time for legal, official and general purposes shall he Greenwich Mean Time " and (b) Bv the deletion of the proviso to subsection (2) tthereof. Passed in the Legislative Council this thirty-first day of January, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUrKE, Clerk of Legislative Council. Tins PRINTED IMPRIh' SSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. "M.P. 2780. Il Hfis Majesty's name I assent to this Ordinance this fifth day of February, 1946. HUBERT STEVENSON, Governor. SNo. 3 1946 Colony of Sierra Leone An Ordinance to Amend the Courts Ordinance, 1945 [7th 'ebruary, No.7 of 1945. 194(.] BE IT iENAC'TI' by the Governor of Sierra Leone, with the advice and consent of the Legislative (Council thereof, as follows :- 1. This Ordinance may be cited as the Courts (Amend- Short title. ifent) Ordinance, 1946. 2. Section 24 of the Courts Ordinance, 1945 (herein- Amendment after referred to as the Principal Ordinance), is hereby of etonu amended by the insertion, immediately after paragraph (h) Ordinance, in the first subsection thereof, of the following new para- 1945. h (No. 7 of graph:- 1945). Courts (A mtndmint) (j) Providing for the establishment of District leg'istries and for the appointment and jurisdic- l tion of District Registrars, and for the areas in S which such District Registrars shall exercise their jurisdiction." 3. Section 28 of the Principal Ordinance is hereby amended by the addition of the following new subsections- Appointment (-) The Governor limay appoint some fit, nd nTgistrates proper person for each Court to be called the Clerk of the Court. S" e-_he Governor may appoint one or more e persons s e assistant clerk or clerks of any Court in which t state of business renders such i n\l appointment nece. y. (5) The Clerk and the distant clerks shall be under the immediate direction n d control of the Magistrate." Anmudinent 4. Section 13 of the Principal Ordinance is hereby of section 43 of the I amended by the addition thereto of the following new Principal subsections:- Ordinance. "o nenOrd n (5) The Criminal Procedure Ordinance, 1932, of Criminal 'o ure is hereby amended by the insertion, immediately ',. '.I. after section 135- of the following new section:- Recovery of 13'.\. \Where, upon sunllary conviction, iall peal- any offender shall be adjudged to pay a i ~ )penalty, such .l ii'l, r, in case of non-payment thereof, may without any warrant of distress .be 1,le commlitted to prison, with or without hard hlaloumr, for any term not exceeding the period Specified in the following scale, unless the penalty shall be sooner paid:- For any penalty not exceeding ten shill- ingls, seven days. Exceeding teni shillings and not exceeding ione pound, fourteen days. Exceeding one pound and not exceeding two pounds, one month. Exceediin' t two pounds and not t:.,..-din. five pounds, two months. Exceeding five pounils and not exceeding ten pounds, three monthls. EIxc!ediing ten pound, six ionlthhs. Amendment of section 28 of the Prin- cipal Ordinance. 1) No. 3 1946 Courts (Amendment) Provided always that such imprisonment shlll not be with hard labour, unless the Ordinance or Statute, on which the con- viction is fonfided, authorise's imprisonment with hard labour, nor for a longer torm with hard labour than is aunhorised by such SOrdinance or Statuie." Amendment (6) 'llh(, Prolectorate Ordinance, 1933, is hereby of Protectorate Ordinance, amended bv th1e insertion immediately after 1933, (No. 32 of s9a3.) section 51 of the following new section:- 1A. All offences against this Ordinance except the offences created by sections 9, 40, and 41, may 1)e heard, tried and determined liy a Magistrate; provided he is satisfied that such offence can be adequately punished by a fine not exceeding fifty pounds or imlprison- ment for a period not exceedingly six months." Passed in the Legislative Council this thirty-first day of Janualy, in the year of Our Lord one thousand nine hundred and forty-.six. T. C. LUKE, Clerk of Legislative Council. TIis PRINTI.D IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. M.P. G044/2. No. 3 1946 3 1~33 -- , In His Majesty's name I assent to this Ordinance this fifth day of February, 1946. HUBERT STEVENSON, Governor. 0 7 No. 4 1946 Colony of Sierra Leone An Ordinance to Amend the Imperial Statutes No. 45 of 1932. (Criminal Law) Adoption Ordinance, 1932 [7th February, 1946.] Date of com- mencement. BE IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows:- 1. This Ordinance may be cited as the Imperial Short title. Statutes (Criminal Law) Adoption (Amendment) Ordinance, 1946. 2 No. 4 Imperial Statutes (Criminal Law) Adoption 1946 (Amendment) Repeal and 2. Section 2 of the Imperial Statutes (Criminal Law) oeplaceient Adoption Ordinance, 1932, is hereby repealed and replaced of Ordinance Is follows :- No. 45 of o132. "Adoption 2. The Statutes of the Imperial Parliament of imperial set forth in the first column of the Schedule are hereby expressly declared to apply to the Colony and Protectorate to the extent specified in the second column of the Schedule." Passed in the Legislative Council this thirty-first day of January, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSIOS has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, . SClerk of Legislative Council. M.I. 6044/2. to the Sierra Leone Royal Gazette, Vol. LXXVII, No. 3920, . dated 30th May, 1946 In His Majesty's name I assent to this Ordinance this 30th day of May, 1946, HUBERT STEVENSOn, ,' / Governor. J--'.--- /. 1946 Colony of Sierra Leone An Ordinance to Amend the Pensions (European Officers) Ordinance, 1924 Cap. 146.- [1st June, 1946.] Date ofco- mencement. BE IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows:- 1, This Ordinance may be cited as the Pensions (European Short tite, Officers) (Amendment) Ordinance, 1946, and h4ll cprme tp operation op the 1st day of J3us 1946 `4, 2 .. No.'5 Pensions (European Officers) (Amendment). Amendment 2. Section 3 of the Pensions (European Officers) Ordi- of section 3 of Cap. 146. nance, 1924 (hereinafter called the Principal Ordinance), is hereby amended by the addition of the following subsection:- "(3) Any pension or gratuity granted under this "s / Ordinance shall be computed in accordance with the S provisions in force at the actual date of the European "s. -- r officer's retirement." epea and 3. Section 7 of the Principal Ordinance is hereby repealed of section 7 and replaced as follows:- of Cap. 146. "Age at 7. (1) No pension, gratuity or other allowance which pen- sion may be shall be granted to any European officer who has not granted, attained the age of 50 years, or in the case of female European officers, 45 years, except:- (a) On the abolition of his office. (b) On compulsory retirement for the purpose of facilitating improvements in the organisation of the department to which he belongs, by which greater efficiency and economy can be effected. (c) On medical evidence to the satisfaction of the Governor in Council or the Secretary of State that he is incapable, by reason of some infirmity of mind or body, of discharging the duties of his office, and that such infirmity is likely to be permanent. (d) In the case of transfer to other public service from which an officer is permitted by law to retire on pension, and does retire on pension, at an age less than that above-mentioned, or (e) In the case of removal on the ground of inefficiency as hereinafter provided: Provided that European officers who, without a break in their public service, have held a pensionable ': office in the West African Colonies and, Protectorates from a date prior to the commencement of this Ordinance, and whose aggregate service in the West African Colonies and Protectorates at the date of retirement amounts to 18 years (or in the case of female European officers, 12 years) of which not less than 12 (or in the case of female European officers 8) shall have been residential, shall be regarded for the purpose of this section as having attained the age of 50 years (or in the case of female European officers, 45 years): 146 No. 5 Pensions (European Officers) (Amendment) 1946 .3 Provided also that provision may be made in Rules made under this Ordinance for the grant of a gratuity to a female European officer who retires with a view to, or in consequence of her marriage, notwithstanding that she is not otherwise eligible under the Ordinance for the grant of any pension, gratuity or other allowance." "(2) The provisions of the immediately preceding subsection shall be without prejudice to the pension- able privileges of any female European officer who was appointed to a pensionable office prior to the date of commencement of this amending Ordinance." 4. Section 9 of the Principal Ordinance is hereby amended Amendment of section 9 by the substitution of the following paragraph for paragraph (b) of Cap. 146. thereof:- "(b) in the case of a female European officer, at any time after she attains the age of 45 years but without prejudice to the pensionable privileges of any female European officer who was appointed to a pensionable office prior to the date of com- mencement of this amending Ordinance; and" Passed in the Legislative Council this 23rd day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk .of Legislative Council. . M.P. 1505/12 In His Majesty's name I assent to this Ordinance this 5Oth day of May, 1946. HUBERT STEVENSON. Governor. No. 6 1946 Colony of Sierra Leone cp. 147. An Ordinance to Amend the Pensions (Non- European Officers) Ordinance, 1924 Date of commence- [lst June, 1946.] ment. BE IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows: - Short title. 1. This Ordinance may be cited as the Pensions (Non- European Officers) (Amendment) Ordinance, 1946, and shall come into operation on the 1st day of June, 1946. No. I Pensions (Non-European Officers) (Amendment) 1946 5 2. Section 3 of the Pensions (Non-European Officers) Amendment C \ < of section 3 nance, 1924 (hereinafter called the Principal Ordinance), is of Cap. 147. s" by amended by the addition of the following subsection:-- W' (3) Any pension or gratuity granted under this Ordi- - nance shall be computed in accordance with the provisions r / in force at the actual date of a public officer's retirement.",f ,v 3. Section 7 of the Principal Ordinance is hereby repealed Repeal and replacement replaced as follows:- of section 7 Sat 7 1\ T : .X.: ,. 11.... of Cap. 147. which pen- sion may be granted. I. ) p11ens on, gliu Ly or oLIer aill owance shall be granted to any public officer who has not attained the age of 55 years (or in the case of female public officers, 45 years) except:- (a) On the abolition of his office; (b) On compulsory retirement for the purpose of facilitating improvements in the organisation of the department to which he belongs by which greater efficiency and economy can be effected ; (c) On medical evidence to the satisfaction of the Governor in Council or the Secretary of State that he is incapable by reason of some infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent; (d) In the case of transfer to other public service from which an officer is permitted by law to retire on pension, and does retire on pension, at an age less than that above-mentioned; (e) In the case of removal on the ground of inefficiency as hereinafter provided; (f) In the case of a court messenger, on compul- sory retirement on the completion of any period of enlistment as provided under the provisions of sections 8 and 10 of the Court Messengers Ordinance, 1931 ; or (g) In the case of a sergeant or constable of the Police Force, on compulsory retirement on the completion of any term of enlistment as provided under the provisions of sections 10 and 13 of the Police Ordinance, 1924; Ordi here and " A- 6 No. 6 Pensions (Non-European Officers) (Amendment) 41946 Provided that provision may be made in Rules made under this Ordinance for the grant of a gratuity to any female public officer who retires with a view to, or in consequence of her marriage, notwithstand- ing that she is not otherwise eligible under the Ordi- nance for the grant of any pension, gratuity or other allowance. (2) The provisions of the immediately preceding subsection shall be without prejudice to the pension- able privileges of any female public officer who was appointed to a pensionable office prior to the date of commencement of this amending Ordinance." Amendment 4. Section 9 of the Principal Ordinance is hereby amended of section 9 of Cap. 147. by the addition at the end thereof of the words and brackets "(or in the case of female public officers, 45 years); Provided that nothing herein contained shall alter, affect, prejudice or interfere with the privileges of any female public officer who was appointed to a pensionable office prior to the date of com- mencement of this amending Ordinance." Amendment 5. Section 17A of the Principal Ordinance is hereby of section 17A of the amended by the addition of the following words at the end of Principal paragraph 1 thereof:- Ordinance. "less the amount of any debt due to the Government by such public officer at the time of his death." Passed in the Legislative Council this 23rd day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. M.P. 1505/12. Supplement to the Sierra Leone Royal Gazette, Vol. LXXVII, No. 3924, dated 20th June, 1946 In His Majesty's name I assent to this Ordinance this 17th day of June, 1946. HUBERT STEVENSON, A Governor. 1946 Colony of Sierra Leone An Ordinance to Amend the Motor Traffic Ordinance, 1939 No. 24 of 1939. [24th February, 1946.1 Dateof cop- mencement. B E IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows:- S1. This Ordinance may be cited as the Motor Traffic Short title (Amendment) Ordinance, 1946, and shall be deemed to have and com- comeminencement. come into operation on the 24th day of February, 1946. No. 7 Amendment 2. Section 6 of the Motor Traffic Ordinance, 1939 of section 6 of Ordinance (hereinafter called the Principal Ordinance), is hereby amended No. 24 of by the substitution of a colon for the full stop at the end thereof, 1939. S and by the addition of the following proviso:- "Provided further that it shall be lawful for a member of His Majesty's Forces, in the course of his duty as such, to drive a motor vehicle on the highway if such motor vehicle is the property of the Admiralty, the War Department or the Royal Air Force and carries an identification number approved by the Principal Licen- sing Authority." Amendment 3. Section 7 of the Principal Ordinance is hereby amended of section 7 of the by the addition of the following proviso at the end thereof:- Principal Ordinance. Provided that this section shall not apply to a motor vehicle which is the property of the Admiralty, the War Department or the Royal Air Force." Amendment 4. Subsection (1) of section 8 of the Principal Ordinance of subsection (1) ofsection is hereby amended by the addition of the following proviso at 8 of the the end thereof:- Principal Ordinance. "Provided further that it shall be lawful for a member of His Majesty's Forces, in the course of his duty as such, to drive a motor vehicle on the highway where such motor vehicle is the property of the Admiralty, the War Department or the Royal Air Force and the driver thereof is in possession of a written permit to drive issued, in respect of personnel of the Royal Navy, by the Naval Officer-in-Charge, Freetown (or by a person authorised by him in that behalf), in respect of a member of the War Department, by the General Officer Com- manding Military Forces in West Africa (or by a person authorised by him in that behalf) and, in respect of a member of the Royal Air Force by the Officer-in-Charge of the Royal Air Force Transport." Amendment 5. Section 21 of the Principal Ordinance is hereby amended ofetio21 by the addition of the following new subsection at the end Principal thereof: - Ordinance. (5) Parts I, II, ll, IV, V and VI of the Motor Traffic Rules, 1939, shall not apply to motor vehicles which are the property of the Admiralty, the War Depart- ment or the Royal Air Force or to the drivers thereof if members of His Majesty's Forces." 2 No. 7 Motor Traff~ic (Amendment) 1946 No. 7 Motor Traffic (Amendment) 1946 Passed in the Legislative Council this 23rd day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. M.P. 2353. In His Majesty's name I assent to this Ordinance this 17th day of June, 1946. HUBERT STEVENSON, Governor. D 1946 No. 8 Colony of Sierra Leone No. 1 o An Ordinance to Amend the Teachers' Superan- 1944. nation Fund Ordinance, 1944 Date of com- [20th June, 1946.] mencement. BE IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows: - Short title 1. This Ordinance may be cited as the Teachers' Superan- and applica- nation Fund (Amendment) Ordinance, 1946, and shall apply tion. to the Colony and Protectorate. No. 8 Teachers' Superannuation Fund (Amendment) S2. Section 4 (aa) of the Teachers' Superannuation Fund Ordinance, 1944, is hereby amended by the insertion of the words and comma "or from the appointed day at the option of such person," immediately following the words "from the day so declared in the third line from the end thereof. Amendment of section 4 (aa) of Ordinance No. 12 of 1944. Passed in the Legislative Council this 23rd day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. Tins PRINTED IMPRESSION has been the Bill which has passed the Legislative a true and correct copy of the said Bill. carefully compared by me with Council and found by me to be T. C. LUKE, Clerk of Legislative Council. M.P. 2207/2. 1946 In His Majesty's name I assent to this Ordinance this 17th day of June, 1946. HUBERT STEVENSON, Governor. L.S 1946 ?. IMs31 Colony of Sierra Leone An Ordinance to Amend the Coroners Ordinance, 1924 [20th June, 1946.] B E IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows:- 1. This Ordinance may be cited as the Coroners (Amend. ment) Ordinance, 1946. 2. Section 1 of the Coroners Ordinance, 1924 (hereinafter called the Principal Ordinance), is hereby amended by the addition of the words "and shall apply to the Colony and Protectorate." No. 9 Cap. 40. Date of Commence- ment. Short title, Amendment of section 1 of Cap.' 0 tc No.9 Coroners (Amendment) 1946 3. Section 8 of the Principal Ordinance is hereby amended by the deletion of the comma and words ", but no prisoner shall be a juror on such inquest" and by the substitution of the following words "where death has taken place in the Colony or an enquiry where death has taken place in the Protectorate, but no prisoner shall be a juror on such inquest." 4. Section 9 of the Principal Ordinance is hereby repealed and replaced as follows:- "Inquests 9. The Coroner of the District wherein judgment afextuivateof death is privately executed on any offender shall, within twenty-four hours after the execution, hold an inquest on the body of the offender where death has taken place in the Colony, or an enquiry where death has taken place in the Protectorate, and the jury at the inquest or the Coroner at the enquiry shall enquire into and ascertain the identity of the body and whether judgment of death was duly executed on the offender. No officer of the gaol or prisoner confined therein shall in any case be a juror on the inquest." 5. Section 39 of the Principal Ordinance is hereby amended by the substitution of the word "public" for the word "Colonial" where it occurs in the third line of the proviso thereto. 6. The Enquiries (Protectorate) Ordinance,t924 is hereby repealed. 7. Forms B and C in the First Schedule to the Principal Ordinance are hereby amended by the addition of the words "or Court Messenger" after the word "Constable" wherever it occurs therein. 8. Form D in the First Schedule to the Principal Ordi- nance is hereby amended as follows:-- (1) by the substitution of the words "Colony or Protec- torate of Sierra Leone" for the words and brackets "Colony of Sierra Leone (to wit)" wherever they occur therein; (2) by the insertion of the words "or Protectorate" between the words "in the Colony" and "of Sierra Leone" where they occur in the third and twentieth lines thereof. 9. Form E in the First Schedule to the Principal Ordi- nance is hereby amended as follows:-- (1) by the substitution of the words "Colony or Protec- torate of Sierra. Leone" for the words and brackets "Colony of Sierra Leone (to wit)" in the first and second lines thereof; Amenment of section*q of the Prin- cipal Ordinance. ). W. Repeal and replacement of section W\0 of the Principal Ordinance. Amendment of section st- of the N," Principal Ordinance. Repeal of Cap., MI L Amendment of Forms B and C in the IFirs Schedule to the Principal Ordinance- Amendment of Form D in the First Schedule to the Principal Ordinance. Amendment of Form E in the First Schedule to the Principal Ordinance. Coroners (Amendment) 1946 No. 9 \: Coroners (Amendment) (2) by the insertion of the words "and to all Court Messengers in the Protectorate of Sierra Leone" between the words "Colony of Sierra Leone" and the words "and to" in the third line thereof; (3) by the insertion of the words "or Protectorate" between the words "in the said Colony" and "of Sierra Leone" in the eighth line thereof. Amendment 10. Form F in the First Schedule of the Princi a Ordi- of Form F in the First nance is hereby amended as follows:- Schedule to I the Principal (1) by the substitution of the words "Colony or Ordinance. Protectorate of Sierra Leone" for the words and brackets "Colony of Sierra Leone (to wit)" in the first and second lines thereof; (2) by the insertion of the words "or Protectorate" between the words "in the Colony" and "of Sierra Leone" in the sixth line thereof. Amendment 11. Form G in the First Schedule to the Principal Ordi- of Form G in the First nance is hereby amended by the substitution of the words Schedule to Colony or Protectorate of Sierra Leone" for the words and he principal brackets "Colony of Sierra Leone (to wit)" in the first and second lines thereof. Passed in the Legislative Council this 23rd day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. M.P. 3878. 8 No. 9 1946, In His Majesty's name I assent to this Ordinance this 17th day of June, 1946. HUBERT STEVENSON, Governor. LS.I 1946 Colony of Sierra Leone An Ordinance to Amend the Public Lands Ordinance, 1924 Cap, 174. [20th June, 1946.] Date of com- mencement. B E IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows: - 1. This Ordinance may be cited as the Public Lands Short title. (Amendment) Ordinance, 1946. No. 10 Addition of 2. The Public Lands Ordinance, 1924, is hereby amended new sections to the by the insertion, immediately after section 16 thereof, of the Public following new sections:- Lands Ordinance, "Matters to 16A. (1) In determining the amount of compensa- 1924 be considered (Cap. 174). in tion to be awarded for land acquired under this determining Ordinance, the Court shall take into consideration the compensa- tion. following matters and no others, namely:- (a) The market value at the date of the publication o0 the warrant under section 4 of this Ordinance; (b) any increase in the value of other land of the person interested likely to accrue from the use to which the land acquired will be put; (c) the damage, if any, sustained by the person interested at the time of the taking possession of land by reason of severing such land from his other land; (d) the damage, if any, sustained by the person interested at the time of the taking and appropriation of the land by reason of the acquisition injuriously affecting his other pro- perty whether movable or immovable in any other manner or his actual earnings; (e) if, in consequence of the acquisition, he is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change; (f) the damage, if any, sustained by persons interested by reason of the imposition of any easement or exercise of any other rights of user on basis of amount by which the value of the land shall have been diminished thereby; and (g) where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the Court is satisfied that reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement. 1946 to No. 10 Public Lands (Amendment) (2) For the purpose of paragraph (a) of subsection (1) of this section- (a) if the market value has been increased by means of any improvement made by the owner or his predecessor in interest within two years before the publication of the warrant under section 4, such increase shall be disregarded if the improvement was made in contemplation of proceedings for the acquisition of the land being taken under this Ordinance; (b) when the value of the land is increased by reason of the use thereof or any premises thereon in a manner which could be restrained by any Court or is contrary to law or is detrimental to the health of the inmates of the premises or to the public health the amount of that increase shall not be taken into account; (c) the effect of any expressed or implied condition of title restricting the use to which the land may be put shall be taken into account." "Matters to 16B. In determining the amount of compensation be neglected inegected to be awarded for land acquired under this Ordi- determining nance the Court shall not take into consideration:- compensa- tion. (a) the degree of urgency which has led to the acquisition ; (b) any disinclination of the person interested to part with the land acquired; (c) any damage sustained by the person interested which, if caused by a private person, would not be a good cause of action; (d) any damage which is likely to be caused to the land or buildings acquired after the date of the publication of the warrant under section 4 by or in consequence of the use to which it will be put; (e) any increase to the value of the land or build- ing acquired likely to accrue from the use to which it will be put when acquired; d() any outlay on additions or improvements to the land acquired, which was made after the date of the publication of the warrant under section Public Lands (Amendment) 1946 11 No. 10 4, unless such additions or improvements were necessary for the maintenance of any building in a proper state of repair; (g) any increase to the value of the land by reason of any work done thereon by or at the expense of the Governor in Council prior to the acquisition; (h) the special suitability or adaptability of the land for any purpose if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of the Governor in Council." Passed in the Legislative Council this 23rd day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSION has been carefully .compared by me with the Bill which has passed the Legislative Council and found by me to be a true and, correct copy of the said Bill. .r C. LUKE, / Clerk c', L/te'irlaive Council. M.P. 6090. 12 No. 10 Public Latids (Amendment)II III 1946 In His Majesty's name I assent to this Ordinance this 17th day of June, 1946. HUBERT STEVENSON, Governor. No. 11 1946 Colony of Sierra Leone An Ordinance to Amend the Pilotage Ordinance, 1924 Cap. 155. [20th June, 1946.] Date of com- mencement. B E IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as 1. This Ordinance may be cited as the Pilotage (Amend- Short title. Ordinance, 1946. Repeal and 2. Section 2 of the Pilotage Ordinance, 1924 (hereinafter replacement of section 2 called the Principal Ordinance), is hereby repealed and replaced of Cap. 155. as follows:- "Boundaries 2. (i) The boundaries of the harbour of Freetown of harbour. f harbourshall be as follows:- Starting from a point which is the most northerly point of high water mark at Cape Sierra Leone; thence in a straight line to the most southerly point of high water mark on Leopard Island; thence due east to high water mark on the Sierra Leone Protectorate shore; thence in a general south- easterly direction along high water mark to Tagrin Point; thence in a straight line to the most easterly point of high water mark on Yema Island; thence in a straight line to the most south-westerly point of high water mark on Tonkaw Island; thence along high water mark on the southern shores of Tonkaw Island to its most south-easterly point; thence due east to high water mark on Pepel Island; thence along high water mark on the southern shore of Pepel Island to its most easterly point; thence in a straight line to high water mark at Fernando Po; thence along high water mark to Bumpbana Point; thence along high water mark up the north bank of Port Loko Creek to a point 500 yards above Tongbai; thence due east to high water mark on the south bank of Port Loko Creek ; thence along high water mark down the south bank of Port Loko Creek to Kasanko Point; thence in at straight line to high water mark at Tumba Point: thence along high water mark of the Sierra Leone and Bunce Rivers back to the Starting Point." (2) The Governor in Council may by Order vary the boundaries of the harbour of Freetown. Amendment 3. Section 11 of the Principal Ordinance is hereby of section 11 of the Prin- amended by the substitution of a full stop for the comma cipal Ordi- immediately following the words "pilot's licences" in the third nance. line thereof and by the deletion of the remainder of the section. Repeal and 4. Section 16 of the Principal Ordinance is hereby of second repealed and replaced as follows:- of the Prin- "Pilotage 16. The Governor in Council may make rules:- nance.rdi- fees. (a) for prescribing the fees to be paid to the Government in respect of pilotage services rendered to vessels; and 14 No. I I Pilotage (Amendment) 1946 'Supplement to the Sierra Leone Royal Gazette, Vol. LXXVII, No. 3925, dated 27th June, 1946 In His Majesty's name I assent to this Ordinance this 18th day of June, 1946. HUBERT STEVENSON, Governor. 0 No, 12 1946 Colony of Sierra Leone An Ordinance to Provide for the Preservation of Ancient, Historical, and Natural Monuments, Relics and other Objects of Archaeolo- gical, Ethnographical, Historical or other Scientific Interest Date of com- mencement. BE IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows:- 1. This Ordinance may be cited as the Monuments and datoof coe- Relics Ordinance, 1946, and shall come into operation on mencement such date as the Governor shall appoint by notice published and in the Gazette and shall apply to the Colony and Protectbrate. application. Q Ilonuments and Relics Interpreta- 2. In this Ordinance, unless the context otherwise tion of reuir terms. requires- "ancient monument means any building, ruin, remaining portion of building or ruin, stone circle, altar, pillar, statue, tumulus, grave, cave, rock shelter, kitchen midden, earthwork, iron- amelti!ig site, underground cistern, shell mound or other site or thing of a similar kind, of archaeological, ethnographical, historical or other scientific interest, but does not include any ancient working; ancient working means any shaft, cutting tunnel or stope which was made for mining purposes and which has been proclaimed as 'such by the Governor under the provisions of section 9; ethnographicall article means ceremonial insignia and includes any other article of archaeological, ethnographical, historical or other scientific interest which has been proclaimed a's such by the Governor under the provisions of section 9; Government means the Government of Sierra Leone; monument means- (a) any ancient monument; (b) any area of land which is of archaeological or historical interest or contains objects of such interest; (c) any waterfall, cave, grotto, avenue of trees, old tree or old building; and (d) any other object (whether natural or con- structed by man) of archaeological, ethno- graphical, historical or other scientific interest; national monument means a monument which has been proclaimed as such by the Governor under the provisions of section 10; ." relic means- (a) any fossil of any kind; (b) any ancient drawing, engraving or painting on stone or petroglyph; (c) any ancient implement, article or ornament; and (d) any archaeological or ethnographical contents of any ancient mon ument or ancient working. 2 No. 12 1946 Monuments and Relics 3. (1) As from the commencement of this Ordinance, Establish- there shall be established a commission, to be known as the ment and constitution Monuments and Relics Commission and hereinafter referred of to as the Commissior '', which shall consist of not less Commission. than seven members, who shall be appointed by the Governor. (2) If the Commission consists of less than nine members, three shall form a quorum. If the Commission consists of more than nine members not less than one-third of the total membership shall form a quorum. (3) The members of the Commission shall choose one of their number as Chairman, who shall convene all meetings of the Commission (other than the first meeting which shall be convened by the Governor). If at any meet- ing of the Commission the Chairman is absent, the members present shall choose one of their number as Chairman at that meeting. (4) The member presiding as Chairman at any meeting of the Commission shall have a deliberative a's well as a casting vote. (5) Subject to the provision .of subsection (4), a decision of the majority of the members of the Commission present at any meeting 'shall be deemed to be a decision of the Commission. 4. No remuneration shall be paid to the members of Members of the Commission, but each member may be paid from the Commission not to be funds of the Commission his reasonable expenses for remunerated. travelling and 'subsistence while engaged upon the business of the Commission at a rate which shall be prescribed by regulation under this Ordinance. 5. The Commission shall be a body corporate having Incorpora- perpetual succession and a common seal and capable in law tion of Commission. of suing and being sued in its corporate name and, subject to the provisions of this Ordinance, of acquiring, holding, alienating, hypothecating, letting and hiring property, movable and immovable, and of performing such acts as bodies corporate may by law perform. 6. (1) The funds of the Commission shall consist of Funds and grants, donations, fees and subscriptions as may from time accounts of S. Commission, to time be made to it or be payable to it. (2) The accounts of the Commission shall be audited annually by such person as the Commission, with the approval of the Governor, shall appoint. 7. (1) The Commission may- Powers and (a) if it has sufficient funds available for the commission. purpose, employ a secretary and such other No. 12 1946 3, 4 No.12 Monuments and Relics 1946 servants as may be necessary to enable the Commission to carry out its functions and pay their remuneration from its funds. (b) make a list of all monuments whose proclamation as national monuments it considers desirable; (c) take steps to ascertain the owner of any such monument; (d) recommend to the Governor the proclamation of any monument as a national monument; (e) if it has sufficient funds available for the purpose, purchase or otherwise acquire any monument, relic, ethnographical article or other article of archaeological, ethnographical, historical or other scientific interest; (f) assume control over any monument, relic, ethno- graphical article or other article of archaeological, ethnographical, historical or other scientific interest if requested by the person having the ownership or control thereof so to do, and as trustee for the Government accept any such monument, relic, ethnographical article or other article which the owner desires to give or has bequeathed to the Government; (g) preserve, repair, restore or insure any monument, relic, ethnographical article or other article of archaeological, ethnographical, historical or other scientific interest which is owned by it or under its control; (h) lend or, subject to the provisions of section 8, give any such relic, ethnographical article or other article to any museum or other public institution; (i) undertake the excavation of any ancient monument or ancient working, and by writing under the hand of the chairman authorise any act to be done which it may deem necessary for excavating, exploring or safely preserving any ancient monu- ment or ancient working or any relic wherever situate or found and by whomsoever owned or controlled including the placing of appropriate notices; (j) take steps for the erection of notices or tablets in suitable places, giving information about histori- cal events which occurred at such places; 4 No. 12 Monuments and Relies 1946 No. 12 Monuments and Relics 1946 5 (k) through any of its members have reasonable access at all reasonable times to any monument, ancient working, relic, ethnographical article or other article of archaeological, ethnographical, historical or other scientific interest, or believed to be of such interest. (2) The Commission shall- (a) when required by the Governor, investigate and report upon any matter relating to any monument, ancient working, relic, ethno- graphical article or other article of archaeo- logical, ethnographical, historical or other scientific interest or believed to be of such interest,.and upon the desirability of pro- claiming any monument as a national monument; (b) on or before the 31st day of March in every year furnish to the Governor a report upon its work during the year which ended on the 31st day of December last preceding and on any other matters connected with the preservation of monuments, relics, ethno- graphical articles and other articles of archaeological, ethnographical, historical or other scientific interest which it may desire to bring to the attention of the Governor; (c) make a register of all national monuments and ancient workings and of such relics, ethno- graphical articles and articles of archaeolo- gical, ethnographical, historical or other scientific interest as it may have acquired or as have been brought to its notice. 8. Save with the written consent of the Governor, the Restriction Commission shall not alienate, hypothecate or let any monu- on power to ment, relic, ethnographical article or article of archaeologi- alienate, etc. cal, ethnographical, historical or other scientific interest which is owned by it or for which it is trustee for the Government. 9. The Governor may from time to time, on the Governor recommendation of the Commission, by notice published in may proclaim the Gazette, proclaim- ancient workings (a) any shaft, cutting, tunnel or stope which was and made for mining purposes to be on ancient ethnogra- working; articles. working; articles. Monuments and Relics (b) Any article of archaeological, ethnographical, historical or other scientific interest to be an ethnographical article. Governor 10. The Governor may from time to time, on the prolaim recommendation of the Committee, by notice published in, national the Gazette, proclaim any monument to be a national monuments, monument: Provided that- (i) at least one month before recommending to the Governor the proclamation of any monument which does not belong to the Crown, the Commission shall notify the owner thereof in writing that it proposes to make such recommen- dation, and such owner may thereupon lodge with the Commission objections in writing to the proposed recommendation; and (ii) in making any such recommendation the Com- mission shall submit to the Governor proof that the owner concerned has received the said notice and shall also transmit to the Governor any objections which may have been lodged against such recommendation. Notification 11. (1) The discovery of any ancient monument, relic discoveries. or ethnographical article shall be notified in writing to the Commis- Commission without delay by the discoverer thereof and also sion's option by the owner or occupier of the land upon which such ancient to acquire . ownership. monument, relic or ethnographical article is discovered upon the discovery coming to his notice. (2) Upon receipt of any such notice as is mentioned in subsection (1) the Commission shall have a right of option to acquire the ownership of the ancient monument, relic or ethnographical article so discovered upon payment to the owner of a sum of money to be agreed upon as fair and reasonable compensation, or failing agreement, upon payment of such sum as may be determined or awarded by such quali- fied person or persons as the Governor may appoint in that behalf. (3) If within six months after the receipt of the first notice of any discovery in terms of subsection (1) the Commission has failed to notify the owner of such ancient monument, relic or ethnographical article that it intends to exercise its option, such right of option shall be deemed to have lapsed. 6 No. 12 1946 ',' Monuments and Relics 12. No person shall, without the written consent of the No excava- tion without Commission, excavate any ancient monument or ancient consent of working or, if he receives the written consent of the Commis- Commission. sion, excavate it contrary to any conditions which may have been imposed in such consent or by regulation under this Ordinance. 13. (1) No person shall, without the written consent No altera- tion, damage of the Commission- or removal without (a) make any alteration to or destroy or damage, or consent of Commission. (b) remove from its original site or export from Sierra Leone, any national monument, monument or relic or any part thereof. (2) Any person who desires to remove from its original site or to export from Sierra Leone any national monument, monument or relic or any part thereof shall, when applying to the Commission for its consent, supply the Commission with a drawing or photograph of the monument or relic or part thereof in question, and shall state the exact locality in which it is situated and the place to which and the purposes for which he desires to remove or to export it. (3) No person shall, without the written consent of the Commission, alter, destroy, damage or export from Sierra Leone any ethnographical article or any part thereof. (4) Any person who desires to export from Sierra Leone any ethnographical article or any part thereof shall, when applying to the Commission for its consent, submit the article or part thereof in question for examination by the Commission or supply the Commission .with a drawing or photograph of the ethnographical article or part thereof in question, and shall state the purposes for which he desires to export it. 14. No person shall deface, damage or destroy any Damage to notice or tablet erected by the Commigsion under the powers erected by conferred by paragraph (t) or (j) of subsection (1) of Commission. section 7. 15. The Governor may make regulations generally for Regulations. the better carrying into effect of the provisions of this Ordinance, and in particular for prescribing- (a) the procedure in connection with meetings of the Commission; (b) the qualification of its members; 1946 7 No. 12 Monuments and Relics (c) the period for which its members shall hold office; (d) the rates of travelling and subsistence allowances to be paid to members of the Commission; and (e) the conditions to be imposed with respect to any ancient monument or ancient working. Bye-laws. 16. (1) The Commission may make bye-laws- (a) regulating the access of the public to any monu- ments, relics, ethnographical articles and other articles of archaeological, ethnographical, his- torical or other scientific interest, which are the property of the Commission or which by agree- ment with the owner are under its control or for which it is trustee for the Government; (b) fixing fees which shall be payable to the Commis- sion for 'such access; (c) safeguarding national monuments, ancient monu- ments, tablets, relics, ethnographical articles and other articles of archaeological, ethnographical, historical or other scientific interest from dis- figurement, alteration, destruction or export; and (d) regulating the excavation of ancient monuments and ancient workings and the removal of relic's and ethnographical articles from ancient monu- ments or ancient workings. (2) Such bye-laws may prescribe fines not exceeding ten pounds for contravention thereof or non-compliance therewith. (3) No such bye-law shall take effect until it has been approved by the Governor and published in the Gazette. Offences and 17. (1) Any person who knowingly- penalties. (a) fails to comply with or contravenes any provision of this Ordinance; (b). in any application to the Commission 'for its con- sent in terms of section 13 makes any statement which is false in any material respect or supplies therewith any drawing or photograph which is false in any material respect; shall be guilty of an offence and liable on summary convic- tion to a fine of one hundred pounds or, in default of pay- ment, to imprisonment for six months. 8 No. 12 1946 Monuments and Relics (2) If any person is convicted of an offence in terms of this Ordinance which has resulted in damage to, destruc- tion or removal of any national monument, ancient monu- ment or relic or any part thereof, or any tablet erected by 1he Commission, or in damage to or destruction of any ethnographical article or any part thereof, the Court may, in addition to any other penalty which it may impose, order him to pay such sum as the Court may determine for the purpose of repairing such damage or for the value of any article or thing removed or destroyed. Passed in the Legislative Council this 22nd day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. M.P. 5298. 0 No. 12 1946 9 10 In His Majesty's name I assent to this Ordinance this 18th day of June, 1946. HUBERT STEVENSON, (;overno, No, 13 1946 Colony of Sierra Leone Cap. 235. An Ordinance to Amend the Royal West African Frontier Force Ordinance, 1924 B E IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows :- Short title 1. This Ordinance may be cited as the Royal West African and corn- Frontier Force (Amendment) Ordinance, 1946. Sections 2 (1), mencement. 3, 4, 5 and 6 of this Ordifiance shall be deemed to have come into operation on the 22nd day of July, 1942, and sections 2 (2), 7 and 8 on the 2nd day of December, 1944. No. 13 Royal West African Frontier Force (Amendment) 1946 11 2. Subsection (2) of section 1 of the Royal West African Amendmenz of sub- Frontier Force Ordinance, 1924 (hereinafter called the Principal section (2) Ordinance), is hereby amended as follows:-- of section 1 of Cap. 235. (1) by the deletion in the second line of paragraph (g) thereof of the comma and words "and also a school- master and clerk, if enlisted "; and (2) by the substitution of the words "non-commissioned officer or private" for the words "or non-commis- sioned officer" in paragraph (n) thereof. 3. Subsection (2) of section 45 of the Principal Ordinance Amendment is hereby amended by the substitution of the following paragraph secson (2) of for paragraph (ii) thereof: section 45 of Cap. 235. "(ii) If the person charged is a non-commissioned officer he may-- (a) reduce him to a lower rank or to the rank of private, or award severe reprimand, repri- mand or admonition; (b) in addition to or without any other punish- ment, order the offender to suffer any reduction from his ordinary pay in order to make good the amount of any loss or damage which he may have caused, or, where the offender has sold any portion of his clothing or equipment, to pay an amount not exceeding double the value of the article sold." 4. Section 46 of the Principal Ordinance is hereby Amendment of section 46 amended as follows: of Cap. 235. (1) by the insertion immediately after subsection (1) (i) (b) of the following new paragraph:- (bb) in addition to or without any other punish- ment order the offender to suffer any deduction from his ordinary pay in order to make good the amount of any loss or damage which he may have caused, or, where the offender has sold any portion of his clothing or equipment, to pay an amount not exceeding double the value of the article sold "; and (2) by the deletion of subsection (2) thereof. 12 No. 13 Royal West African Frontier Force (Amendment) 1946 Amendment 5. Section 48 of the Principal Ordinance is hereby of section 4 amended as follows:- of Cap. 235. (1) by the insertion immediately after subsection (i) (a) of the following new paragraph:- "(aa) in addition to or without any other punish- ment, order the offender to suffer any deduction from his ordinary pay in order to make good the amount of any loss or damage which -he may have caused"; and (2) by the deletion in lines 19 to 21 of the comma and words ", and may deal with minor cases of absence without leave where under section 53 pay does not accrue or become due, and may impose punishment as above prescribed for such absence." Amendomen 6. Section 78 of the Principal Ordinance is hereby amended of Cap. 235. as follows:- (1) by the substitution of the words Medical Board" for the words "medical officer" in subsection (1) (a) thereof; and (2) by the addition of the following new subsections at the end thereof- "(4) A soldier may be discharged if he is irregularly enlisted. (5) A soldier may be discharged by order of the Commander, Sierra Leone Area (which desig- nation shall include the officers holding a position analogous thereto) where his services are no longer required." Amendment 7. Section 101 of the Principal Ordinance is hereby of section 101 of Cap. amended by the substitution of the following paragraph for 235. paragraph (d) thereof:- "(d) In addition to the provisions of this Ordinance,' to native non-commissioned officers, privates and followers when the Regiment or any part thereof has been placed under the command of the Army Council, pursuant to the provisions of section 3 (2) (b) or is serving with part of His Majesty's Imperial or Indian Forces, and any such person may be tried either under this Ordinance or under the Army Act, but shall not be liable to be punished twice for the same offence. Where such a person is tried under this Ordinance then the Army Act shall also apply so far as it is not inconsistent with this Ordinance." No. 13 Royal West African Frontier Force (Amendment) 1946 13 8. Section 102 of the Principal Ordinance is hereby Amendment amended by the deletion of the words "at all times except in 2of section such circumstances as are specified in section 101 in the fourth 235. and fifth lines thereof. Passed in the Legislative Council this 23rd day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. M.P. 1183. In His Majesty's name I assent to this Ordinance this 18th day of June, 1946. HUBERT STEVENSON, Governor. (9 No. 14 1946 Colony of Sierra Leone No. 9 of An Ordinance to Amend the Defence Lands 1942. Acquisition Ordinance, 1942 Date of commence- [27th June, 1946,. ment B E IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows: - Short title. 1. This Ordinance may be cited as the Defence Lands Acquisition (Amendment) Ordinance, 1946. 2. Subsection (1) of section 18 of the Defence Lands Amendment Acquisition Ordinance, 1942 (hereinafter called the Principal of setone18 Ordinance), is hereby amended by the insertion immediately after Lands paragraph (f) thereof of the following new paragraph:-- Ordinance (g) Where land is, and but for the compulsory acquisi- (No 9 of tion would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the Court is satisfied that reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement." 3. Section 19 of the Principal Ordinance is hereby amended Amendment of section 19 by the insertion immediately after paragraph (g) thereof, of the of the following new paragraph:- Principal Ordinance. "(h) the special suitability or adaptability of the land for any purpose if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of the acquiring authority." Passed in the Legislative Council this 23rd day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. M.P. 2533/1. No. 14 Defence Lands Acqulisition (Amnendmlent) 1946 15 In His Majesty's name I assent to this Ordinance this 18th day of June, 1946. HUBERT STEVENSON. Governor. No. 15 Date of com- mencement. 1946 Colony of Sierra Leone An Ordinance to Prohibit the Presence of Unauthorised persons within His Majesty's Naval Establishments in the Colony [27th June, 1946.1 BE IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows :- Short title. 1. This Ordinance may be cited as the Naval Establish- ments Ordinance, 1946. 4 No. 15 Naval Establishments 1946 17 2. In this Ordinance, except where the context otherwise Definition. requires- "Naval Establishment means any area in the Colony to which this Ordinance applies in, on or near to which His Majesty now or at any time hereafter has any dockyard, naval barracks, victualling yard. naval store-house, naval workshop, naval wireless station, arsenal, wharf or mooring. Power to 3. The Governor in Council may by Order declare any declare area .within the meaning of the definition in the preceding sec- naval tion to be a naval establishment for the purposes of this esablish- ment by Ordinance. Order in Council. 4. (1) The Naval Officer-in-Charge of a naval establish- Pover to ment, which is accessible by water may appoint particular places andinmt therein for the landing from boats, places. (2) No boats, other than boats belonging to or hired for His Majesty's Service, shall- (a) come to any part of such naval establishment other than to an appointed landing place; or (b) shall loiter on the water in or in the vicinity of such naval establishment. (3) The owner or any occupant of a boat, which contravenes the provisions of this section, shall be guilty of an offence. 5. (1) No doors or other outlets other than the public Means of gates shall be made in any part of the fence, wall or boundary "aegress demarcation surrounding a naval establishment without the to a naval establish- permission of the Naval Officer-in-Charge thereof. menit. (2) No person shall enter, attempt to enter, leave or attempt to leave a naval establishment except at an appointed landing place or through the public gates, or through any door or outlet permitted to be made under the immediately preceding subsection. 6. No person other than a member of the Royal Navy Prohibition on duty or resident within a naval establishment or a constable naval to on duty shall enter, attempt to enter, or be therein unless he is in establish- possession of a permit issued by the Naval Officer-in-Charge ment. thereof or an officer duly authorised by him in that behalf. A permit may be withheld, granted or revoked upon such conditions and subject to such restrictions as to period of validity or other- wise as the Naval Officer-in-Charge of the Naval establishment or 18 No. 15 Naval Establishments 1946 the officer duly authorised by him in that behalf may think fit. No person in possession of a permit shall be lawfully within a naval establishment unless he shall comply with every condition or restriction which may be imposed. Power to 7. Without prejudice to any Court proceedings which may remove from a naval be taken against him, any person offending or suspected of establish- offending against the provisions of sections 4 or 6 of this Ordi- ment. nance may be removed from a naval establishment by any member of the Royal Navy on duty or by any constable on duty. Powers of 8. Any person offending or suspected of offending against arrest and search. any of the provisions of this Ordinance may be arrested without warrant by any member of the Royal Navy on duty or by any constable on duty and may be searched and shall be brought as soon as possible before a Magistrate together with anything found in his possession at the time of the arrest. Obstruction 9. Any person who wilfully obstructs any member of the of an officer intheexecu- Royal Navy on duty or any constable on duty acting in the tion of his exercise of the authority conferred upon him by sections 7 or 8 duty. of this Ordinance shall be guilty of an offence. Penalty. 10. Any person who contravenes any of the provisions of this Ordinance shall be guilty of an offence and shall be liable on summary conviction to imprisonment for one month or to a fine of 10 or to both such imprisonment and fine. Passed in the Legislative Council this 23rd day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. Tills PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. M.P. 7028 In His Majesty's name I assent to this Ordinance this 18th day of June, 1946. HUBERT STEVENSON, Governor. No. 16 1946 Colony of Sierra Leone An Ordinance for Conferring on a Certain Company named the Socony-Vacuum Oil Company of New York in the United States of America the Capacity to hold Real Property in the Colony [27th June, 1946.] Date of com- mencement. WHEREAS the Vacuum Oil Company of New York in the United States of America has disposed of certain real property. which was vested in it or acquired by it under the provisions of No. 11 of the Vacuum Oil Company Ordinance, 1926, to the Socony- Vacuum Oil Company also of New York in the United States of America : AND WHEREAS it is expedient for the purpose of removing doubts to confer on the Socony-Vacuum Oil Company of New York aforesaid the capacity to hold real property in the Colony: B E IT THEREFORE ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows:- Short title. 1. This Ordinance may be cited as the Socony-Vacuum Oil Company Ordinance, 1946. Incorpora- 2. For the purposes of this Ordinance, and of the acquiring, tion of the Socony- holding and disposing by the Socony-Vacuum Oil Company, of Vacuum Oil New York in the United States of America (in this Ordinance Company for the purpose called "the Company ") of real property, as is herein provided, of holding in the Colony, the company, whether the same be by the laws of ty the Republic of the United States of America, a body corporate or not, is hereby declared to be a body corporate, by the name of "the Socony-Vacuum Oil Company" and by that name shall have power in respect of the said real property to sue, and be sued, in all courts of Justice in the Colony and shall have a common seal. Vesting of 3. All those pieces or parcels of land described in the first lands in the company. and second schedules to this Ordinance, together with all ease- ments, rights, advantages, and appurtenances whatsoever to the said lands appertaining, or with the same or any part thereof, now or heretofore held, used or enjoyed, or reputed as part thereof, or appurtenant thereto, are hereby vested in the company for an estate of inheritance in fee simple. Capacity to 4. Real property of every description in the Colony may hold real be acquired, held and disposed of by the company; and the property. title to such real property may be derived through, from, or in succession to, the company, and be capable of being transmitted to the successors or assigns of the company, whether such suc- cessors or assigns are, or are not, aliens: Provided that:- (1) In case any such real property, or any title thereto, shall be transmitted to any person who would have been incapable otherwise than under the provisions of this Ordinance, of acquiring, holding, or enjoying such property, or title thereto, it shall be lawful for 20 No. 16 Soconvy-Vacuumn Oil Company 1946 No. 16 Socony-Vacuum Oil Company 1946 21 the Governor, by a notice published in the Gazette, to require the person, by whom such real property, or any title thereto, has been derived through, from, or in succession to the company, to sell, or otherwise dispose of absolutely, the said real property, or the title thereto, to some person capable, independently of the provisions of this Ordinance, of acquiring, hold- ing and enjoying the same; and from and after the expiration of one year from the publication of such notice, the person first above-named shall cease to hold or be entitled to hold, the said real property or title thereto, and the same, if not previously sold or disposed of by such person to a person capable, independently of the provisions of this Ordinance, of acquiring, holding and enjoying the same, shall be sold by public, auction by the direction of the Governor, and the proceeds thereof, after payment of the expenses of such sale, shall be paid to the aforesaid person, whose property or title shall so cease. (2) The capacity to acquire, hold and dispose of real property conferred by this Ordinance on the company, shall not qualify the company, or any member or shareholder thereof, or any other alien deriving title through, from or in succession to the company, or any member or shareholder thereof for any office, or for any municipal or other franchise, nor shall it entitle the company or any such member or share- holder, or any such alien, to any right or privilege as a British subject, except such rights or privileges in respect of real property as are hereby expressly given to the company. 5. The Governor may, if he think fit, at any time, after Limitation the company has acquired or held real property in the Colony to of right of the value of fifty thousand pounds sterling, by Order prescribe hold real that the company shall not, after a date that may be fixed by property. such Order, be entitled to acquire or hold any further real pro- perty in the Colony, and all real property acquired by the company, after the time fixed by such Order, which is not sold by the company within one year next after the time fixed by such Order, may, by the direction of the Governor, be sold by public auction either together or in parcels, and the proceeds of the sale thereof, shall, after the payment thereout of the expenses of such sale, be paid to the company. Vesting of 6. For the purpose of conveying, or otherwise disposing property in the Governor of, to the purchasers of such real property as may, by virtue for sale. of this Ordinance, be directed to be sold by the Governor, any title which any owner of the said real property may have or, but for the defeasance or determination which may be effected by this Ordinance of such title, might have had therein, such real property and such title thereto shall be deemed to be vested in the Governor. Saving of 7. Except as is expressly enacted by this Ordinance, the rights of the Crown nothing herein contained shall affect, or be deemed to affect, in and others, any manner or way, the rights of His Majesty the King, his heirs or successors or of any other person. Repeal of 8. The Vacuum Oil Company Ordinance, 1926, is hereby No. 11 of 1926. repealed. THE FIRST SCHEDULE ALL THAT TRIANGULAR PIECE OF LAND situate lying and being at Water Street, Freetown, in the Colony of Sierra Leone containing 1 rood 13J poles more or less and bounded on the north by land formerly in the possession of G. B. Ollivant and Company, Limited, and now in the possession or occupation of G. B. Ollivant, Limited, 202 feet more or less on the south by Water Street aforesaid 212 feet more or less and on the east by land formerly in the possession or occupation of the War Department of His Majesty's Government of the United Kingdom of Great Britain and Northern Ireland and now in the possession of the Government of Sierra Leone 155 feet more or less. THE SECOND SCHEDULE FIRSTLY, ALL THAT PIECE OR PARCEL OF LAND situate lying and being in Walsh Street, Bonthe, Sherbro in the Colony of Sierra Leone and bounded on the north by land the possession of which is disputed 114 feet on the south. by land secondly and thirdly in this Schedule described 115 feet on the east by Walsh Street aforesaid 56 feet and on the west by land formerly the property of Collier and Margai 65 feet the south-eastern corner of the said piece or parcel of land being at a distance of 134 feet from the concrete gutter in Medina Street. 'SECONDLY, ALL THAT LOT PIECE OR PARCEL OF LAND situate lying and being in Walsh Street, Bonthe, Sherbro in the Colony aforesaid and bounded on the north by land firstly in this Schedule described 56 feet on the south by land now or lately in the possession of Dennis Crispin 22 ) No. 16 Soconv-Vacuum Oil Company 1946 Socony-Vacuum Oil Company Williams 56 feet on the east by Walsh Street aforesaid 48 feet and on the west by land thirdly in this Schedule described and now or lately in the possession of Sarah Ashley 48 feet. THIRDLY, ALL THAT PIECE OR PARCEL OF LAND situate lying and being in Bonthe, Sherbro, and bounded on the north by land firstly in this Schedule described 55 feet on the south by land now or lately in the possession of Patrick Ignatius Cole formerly known as Patrick Ashley 55 feet on the east by land secondly in this Schedule described and formerly in the possession of Dennis Crispin Williams 46 feet and on the west by land now or lately in the possession of Daniel Collier 46 feet. Passed in the Legislative Council this 23rd day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and fouhd by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. M.P. 5752. No. 16 1946 23 In His Majesty's name I assent to this Ordinance this 18th day of June, 1946. HUBERT STEVENSON, Governor. LS. No. 17 ,,) L 1946 OwLa Colony of Sierra Leone An Ordinance to Provide for Assistance in the Development pf Industries in Sierra Leone [27th June, 1946.] BE IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows:- 1. This Ordinance may be cited as the Development of Industries (Assistance) Ordinance, 1946, and shall apply to the Colony and Protectorate. Date of com- mencement. Short title. No. 17 Development of Industries (Assistance) 2. In this Ordinance, unless the context otherwise Interpreta- tion. requires- ton Board means the Development of Industries Board appointed under the provisions of section 3 of this Ordinance. Loan includes the taking of shares or debentures by the Board in any undertaking receiving assistance under this Ordinance; 3. (1) The Governor in Council may, by Order estab- Governor in lish a Board, to be known as the Development of Industries Council may Board, which shall consist of a Chairman who shall be Board. specially designated by name in the Order as such, and not more than seven other members but so however that not less than half of the total number of members of the Board shall be Africans. (2) The Governor in Council may at any time by Termination Order terminate the appointment of any member of the of member- ship of Board. Board. (3) In the event of any vacancy on the Board Filling of vacancies. caused by the death, resignation, termination of appoint- ment or absence from Sierra Leone, of any member thereof, the Governor in Council may by Order appoint any other person to be a member of the Board. Provided that any person appointed to fill a vacancy caused by the absence from Sierra Leone of any member of the Board shall relinquish his appointment forthwith on the return to Sierra Leone of such member. (4) The Governor shall appoint a fit and proper Appoint- person to be the Secretary to the Board. ment of Secretary. (5) The Secretary shall keep proper minutes of all Duties of meetings of the Board and shall keep such records and Secretary. returns as may be prescribed by rules made under this Ordinance and shall also communicate to persons concerned all decisions of the Board. 4. The Chairman duly designated as such in the Chairman to Order establishing the Board shall preside at the meetings president meetings. thereof. Provided that when the Chairman is unable to be present at any meeting of the Board for any cause other than one of the causes in section 3 of this Ordinance set out, the members present shall elect one of their number to preside as Chairman at such meeting. 5. The Board shall meet at such times and at such Time and places a's the Chairman shall direct, place of meeting. 6. At any meeting of the Board four members includ- Quorum. ing the Chairman thereof, shall constitute a quorum. 1946 25 Voting. 7. All questions before the Board shall be decided by a majority of the votes of the members, including the Chairman, and whenever the voting is equal the Chairman shall have a second or casting vote. Provided that where a question is decided by means of the casting vote of the Chairman alone no effect shall be given to such decision until it has been confirmed by the Governor in Council. Provided further however that the Governor in Council may if he sees fit so to do, send the matter decided as aforesaid back to the Board for further consideration. Mvembnerest 8. Any member of the Board who has any financial or having interest in matter other personal interest in any matter before it shall disclose before Board to disclose it such interest to the Board and shall take no part in the vote"thereon. discussion on any such matter nor vote thereon. Orn:-2& Bf e Cof. A'^-P) Powers of 9. It shall be lawful for the Board on application Board. therefore to grant loans, either with or without in eres ron 0 2 : 2'4g monies voted for the purpose by Legislative Council, which shall not in aggregate exceed a sum of 10,000 in any one year, to assist in the establishment of new, or the develop- ment of existing industries which, in the view of the Board will contribute to the economic development of Sierra Leone. Provided that the Governor in Council may, where it is shown to his -satisfaction that any person to whom a loan has been granted under this section is unable to repay the S,, p loan when it falls due, either extend the time for repay- 0|w. -eor remit. ament of thloan.f^ t Board may 9 'Y^ t shall be lawful for the Board to obtain such seek expert advice from experts or other persons as they may consider gb v ce. necessary before granting any loan or making any grant, and any expert or other person whose advice is so sought shall be paid such fees as may be prescribed. Board may 11. It shall be lawful for the Board to appoint appointcom- Committees consisting of fit and proper persons, whether inquire ito members of the Board or not, to enquire into and report matters": upon the desirability of granting assistance to any industry already established or about to be established in respect of which application for assistance has been made. Governor in 12. (1) The Governor in Council may make rules- moake rules (a) prescribing the conditions under which loans may be granted by the Board; (b) prescribing the period for which loans may be granted, and the method of repayment of loans; (c) prescribing the rate of interest, where interest is to be charged, in respect of any loan granted; Development of Indlustries (Assistance) 26 No. 17 1946 Development of Industries (Assistance) (d) prescribing what accounts shall be rendered to the Board by persons to whom loans have been granted; [e) providing for the appointment of Government representatives oh the board of management of any company receiving financial or other assist- ance under this Ordinance; (f) prescribing the conditions of employment in any undertaking receiving financial or other assistance under this Ordinance; (g) providing for the inspection of undertakings receiving assistance under this Ordinance; (It) providing for the keeping of accounts of all moneys received and paid by the Board and for the audit of such accounts; (i) prescribing the records to be kept and the returns to be made to Government by the Board; (j) prescribing the use to which repayments of loans and payments of interest to the Board shall be put; (k) prescribing the fees to be paid to experts and other persons whose advice is sought by the Board. (2) Rules made under this section may be made in respect of a group of industries, or of a particular industry or of a particular undertaking engaged in any such industry. 13. The Board shall at the first meeting of Legislative Report of Council in each year, lay before the Council a Report on its Board to be submitted activities for the year ending 31st December immediately toLegislative preceding, together with an audited statement of its receipts Council and expenditure for the year. annually. Passed in the Legislative Council this 21st day of May, in the year of Our Lord one thousand nine hundred and forty-six. T, C. LUKE, Clerk of Legislative Council THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. '. C. LUKE, Clerk of Legislative Council. M.P. 0880/5. No. 17 1946 27 In His Majesty's name I assent to this Ordinance this 18th day of June, 1946. HUBERT STEVENSON, Governor. No. 18 1946 Colony of Sierra Leone An Ordinance. to Provide for the Raising of a Loan for the Expansion of the Sierra Leone Government Electricity Undertaking [27th June, 1946.] WHEREAS it is expedient to raise a loan of. fifty-one thousand (51,000) pounds sterling for the purposes specified in the schedule hereto: BE IT THEREFORE ENACTED by the Governor of Sierra Leone, by and with the advice and consent of the Legislative Council thereof, as follows:- Date of com- mencement. Preamble. 1. This Ordinance may be cited as the Domestic Loans Short title. Ordinance, 1946. 2. In this Ordinance unless the context otherwise Definition. requires- the expression the "Crown Agents" means the person or persons acting for the time being as Crown Agents for the Colonies in England. 3. The Governor or the Crown Agents acting on his Power to raise loan.. behalf may raise by loan in London an amount sufficient to produce as nearly as may be the sum of fifty-one thousand (51,000) pounds sterling and such further sum as may be necessary to defray the expenses of issue. 4. The principal monies and interest represented by the Loan charged on loan issued under the provisions of this Ordinance are hereby general charged upon and shall be payable out of the general revenue revenue. and assets of the Colony of Sierra Leone. 5. (1) Any sum raised to defray the expenses of issue Application shall be applied only to that purpose. of loan. (2) Save as aforesaid the money borrowed under this Ordinance shall be appropriated and applied to the purposes specified in the Schedule to this Ordinance. 6. The loan hereby authorised or any part of it may be Mode of raised under the provisions of the General Loan and Inscribed iap. 8n. Stock Ordinance, 1924, or, notwithstanding anything to the contrarycpntained in the said Ordinance, independently of that Ordinance, 'as the Governor or the Crown Agents acting on his behalf may decide. 7. If the loan hereby authorised shall be issued under Date of the provisions of the General Loan and Inscribed Stock comeice- Ordinance, 1924, then the contribution to sinking fund, as contribution contemplated by the provisions of sections 13 to 17 of the said nsfking Ordinance shall commence in respect of any debentures or stock issued under this Ordinance not later than three years after the date from which, the interest on such debentures or stock shall commence to run. 8. If it should be decided to issue the loan hereby Loan in- dependent of authorised independently of the General Loan and Inscribed Cap. 88. Stock Ordinance, 1924, then the following provisions shall apply:- (a) So long as any portion of the loan remains Mode of outstanding the Governor shall in each half-year inteet of ending with the day on which the interest on the No.' 18 Domestic Loans 1946 29 loan falls due appropriate out of the general revenues and assets of the Colony a sum equal to one half-year's interest on the whole of the loan outstanding and shall remit that sum to the Crown Agents at such time as will enable them to pay thereout the then current half-year's interest on the day on which it falls due. Mode of (b) The Governor shall also in each half-year ending to sinking as aforesaid appropriate out of the said revenues fund. and assets of the Colony for the formation of a sinking fund for the repayment of the loan at par an additional sum in respect of the total nominal amount of the loan outstanding equal to one-half of the annual contribution to be decided upon by the Governor on the issue of the loan and shall remit that sum to the Crown Agents with the remittance hereinbefore mentioned provided that the said contribution shall in respect of any money raised under this Ordinance commence not later than three years after the date from which the interest on such money shall commence to run. Determina- (c) The aforesaid annual contribution shall be not less ton ofn than such amount as may be determined with the contribution approval of the Secretary of State to be sufficient o sinking to redeem the loan at its due date. fund. Investment (d) The Crown Agents shall invest so much of the of sinking money so remitted to them as aforesaid as shall not fund be required for the payment of interest for the current half-year in the purchase of such securities as may be approved by the Secretary of State as a sinking fund for the final extinction of the debt and the Crown Agents shall also invest the dividends, interest or produce of such investments in the purchase of like securities and may from time to time with the approval of the Secretary of State change any such investments and shall hold such funds in trust for the repayment of the principal monies for the time being represented by the loan. Sinking fund (e) In case the sinking fund provided for by this if insufficient to be supple- Ordinance shall be insufficient for the payment of mented.from all the principal monies borrowed under the genee. authority of this Ordinance at the time the same revenue. 1946 30( No. 18 Domestic Loans No. 18 Domestic Loans 1946 31 shall have become due the Governor good the deficiencies out of the general assets of the Colony. THE SCHEDULE Electricity Undertaking Passed in the Legislative Council this 23rd day Our Lord one thousand nine hundred and forty-six. of May, in the year of T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. M.P. 1519. shall make revenue and ... ... 51,000 No. 18 Domestic Loans 1946 31 32 In His Majesty's name I assent to this Ordinance this 18th day of June, 1946, HUBERT STEVENSON, Governor. No. 19 1946 Colony of Sierra Leone An Ordinance to Make Provision for Town and Country Planning (27tlh June, 1946.] BE IT ENACTED by the Governor of Sierra Leone, with the advice and consent of the Legislative Council thereof, as follows;- Part I PRELIMINARY 1. This Ordinance may be cited as the Town and Country Shorttitle. planning Ordinance, 1946. 2, (1) I this Ordinance, unless the context otherwise Interpreta- requires-- tion. Date of commence. ment. 3 Town and -Country -Planning : "building means any building, erection, structure or any other building erected on or made on, in or under any lands and includes the land in or under which the building is situate; " building operations include any road or other works preliminary or incidental to the erection of buildings; " colony means the Colony of Sierra Leone, including the Sherbro Judicial District; " development in relation to any land includes any build- ing or re-building operations and any use of the land or any building thereon for a purpose which is different from the purpose for which the land or building was being used until immediately before the date of the Order declaring a Planning Area under section 6 of this Ordinance; Provided that the laying down by the occupier of farm- land to fallow, or any change of crops grown or to be grown or in the method of their cultivation by the said occupier shall not be deemed to be development save in so far as the Governor or the Board may determine. "existing building" means a building erected or con- structed before the date of the Order declaring a Planning Area under section 6 of this Ordinance; " fence includes any hoarding or paling used as such, and also banks and walls; " hedge includes any tree or shrub forming a part of a hedge; " land includes land covered with water and als', includes incorporeal as well as corporeal? hereditaments of every tenure or do: criptii:i.-and any interest therein, and also an undivided share of land; Municipal Area means the area within the authority of the City Council of. Freetown or within the authority of the Council of any city or town now or hereafter established; owner '" includes joint dwner, lessee, .tenant for-life, and any other person in the actual possession of premises or entitled to receive the rents of premises of any tenure or description, and the agent or attorney of such persons S or oiy 6f them, and'any other person who has an interest in or draws the rents; road" means any- road whether public or private and includes any street, square, court, alley, lane, bridge, footway, trace, bridle path, p. ssage or highway, whether a thoroughfare or not ; "scheme means a scheme made under this Ordinance; site in relation .to any buildings 'includes offices, out- buildings, yards, courts or gardens occupied or intended to be occupied therewith; Town Council" means the 'City 'Council of Freetown or the Council of any town now or hereafter established.: 34 N6. 19 - 1946 (2) For the purposes of this'Ordinance the placing or keeping on any land of any shed, tent or other object, whether fixed or removable or movable or collapsible,. which is not a building shall be a use of such land. Part II ESTABLISHMENT OF TOWN AND COUNTRY' PLANNING BOARD 3. (1) There shall be established a Board to be known as Town and the Town and Country Planning ,Board (hereinafter referred to Country as the Board) consisting of a Predident to be appointed by the Board etab- Governor, a representative of the Medical, Public Works and Surveys lished. and Lands Departments, respectively, and not less than two and not more than four other members (one of whom shall be 'an Elected Member of the Freetown City Council), to be appointed by the Governor for such period or periods as he shall determine, provided that the Heads of the Medical, Public Works and Surveys and Lands Departments, respectively, may for good cause, appoint a person to take the place of the representative of his department at any meeting of the Board. (2) Notwithstanding the provisions of the immediately preceding subsection; the Governor may.appoint the representative of any one of the departments therein referred to, to be President of the Board and in any such event 'it shall be lawful for the Governor to appoint an additional member, to the Board. (3) The Board shall be the authority for town and country planning in the-Colony and shall be a body corporate and shall have perpetual succession and a common seal, which shall be officially and judicially, noticed and the seal shall be authenticated by the signature of the President, or the member appointed under' the provisions of section 4 of this Ordinance to preside, and one other member of the Board. (4) Any member of the Board who has any financial or other interest in any matter, before it for determination, shall disclose such interest to the Board and shall take no part in the discussion on any such matter, nor vote thereon. (5) The Board may sue and be sued in its corporate name. (6) The Board with the approval of the Governor may appoint a suitable person to be Secretary to the Board, and may with the like approval appoint such other officers as may be necessary for carrying out the duties and functions of the Board. 4. All acts whatsoever authorised or required.by this. Ordi- Quorum. nance to be done by.the Board, and all questions that may come before the Board, shall be done and decided by the majority of votes: , Provided that the Board shall not be competent to.act in any case unless there be present .at, and throughout the meeting four members at least, of whom one shall be either the President or one of the members appointed in writing by the President to preside. 5. The Presidnt or member presiding shall have an original casting vote. vote in.common, \itli the other members, and also a casting vote, if upon any, question the' votes shall be equal. 7'6un'li anzd .Country. Planning No. 19 1946 35 Part III DECLARATION OF PLANNING AREAS AND POWERS OF BOARD Declaration f Planning 6. (1) If the Board, after consultation in the case of Freetown Area. with the City Council, in the case of any town hereafter established with the Council of such town, in the case of the Sherbro Judicial District with the Sherbro Judicial District Board, and in the case of other parts of the Colony with the Rural Areas Council, is of the opinion that a scheme should be made for any area and makes representations to that effect (such representations to be accom- panied by a plan) to the Governor in Council, the Governor in Council may by order declare that the area specified in such repre- sentations shall be a Planning Area: Provided that the Governor in Council shall have power before approving to modify the area specified by the Board's representa- tions by adding thereto or omitting therefrom any portion or portions of land. (2) Such order shall come into operation upon the day oi its publication in the Gazette and shall cease to have effect if within three years from such date no scheme in respect of the Planning Area or any part thereof has been approved under the provisions of section 17 of this Ordinance. (3) A copy of the order shall also be posted at such places within the Planning Area as the Board shall direct. (4) When an area has been declared a Planning. Area under the provisions of this section, the value of any building or land in such area shall, for the purposes of determining the amount of compensation or betterment payable under the provisions of this Ordinance, be deemed to be the value of the building or land at the date of such declaration. (5) The Governor in Council may make rules prescribing the manner in which compensation shall be assessed and such rules may provide for the appointment by the Governor of Com- mittees to advise the Board as to the compensation which should be paid in planning areas, and the Board may either award compensation in accordance with such advice or award such other compensation as to the Board seems fit. (6) (a) If the person to whom compensation is payable is dissatisfied with any compensation awarded as aforesaid, the Board or such person may apply to the Supreme Court to determine the amount of compensation which should be paid. Appeal. (b) Any final judgment in any such case as aforesaid shall be subject to the like appeal to which other final judgments of the Court are subject, including appeal to the WeAt African Court of Appeal and to His Majesty's Privy Council where such appeal is allowed by law. Prohibition 7. (1) When an order declaring a Planning Area has been of develop- published under section 6 of this Ordinance, no person shall within pent. the Planning Area carry out any development of land or any construction, demolition, alteration, extension, repair or renewal of any building until a detailed scheme is approved under section 17 of this Ordinance for the area containing such land or building : 1946 36 No. 19 Townrl and Cou~ntry Planning Provided that the Board may grant to any person applying in writing therefore, permission in writing, subject to such conditions one of which may be that in respect thereof, no compensation shall be payable, as it may deem necessary to impose, to develop land or to construct, demolish, alter, extend, repair or renew a particular building lying within the Planning Area and provided further that no such permission shall be necessary in respect of minor repairs the total cost or value of which does not exceed the sum of ten pounds in any one year. (2) Every person who otherwise than under a final scheme proceeds with or does any work in a Planning Area without such permission as aforesaid shall be liable, on summary conviction, to a fine of ten pounds together with, in the case of a continuing offence, a further fine of one pound for every day during which the offence continues after conviction. 8. (1) When an order declaring a Planning Area in respect Vesting of of an area lying wholly or partly within municipal area has been powers in published under section 6 of this Ordinance- (a) the powers to undertake any of the matters described in the First Schedule to this Ordinance which are or may be vested in the Town Council by virtue of the Ordinance establishing the Town Council, shall, if the Governor so directs, be transferred to and become vested in the Board, and shall, subject to any exercise by the Board of its powers under section 9 of this Ordinance, be exercised and performed exclusively by the Board in respect of the municipal area contained in the Planning Area: Provided that any power vested in the Town Council to undertake road transport services or public utility services within the municipal area shall remain vested in the Town Council; (b) the Board shall, subject to any exercise by the Board of its powers under section 9 of this Ordinance, be empowered exclusively to administer any regulations relating to town planning and building operations made by the Town Council; (c) in respect of that part of the Planning Area which lies wholly outside the municipal area, the powers and duties relating to buildings, roads or open spaces, conferred or imposed upon any person under any Ordinance shall become vested in the Board and shall, subject to any exercise by such Board of its powers under section 9 of this Ordinance, be exercised exclusively by the Board. (2) When an Order declaring a Planning Area in respect of an area lying wholly outside a municipal area is published under section 6 of this Ordinance, the powers and duties relating to buildings, roads or open spaces, conferred or imposed upon any person under any Ordinance, shall become vested in the Board and shall, subject to any exercise by the Board of its powers under section 9 of this Ordinance, be exercised and performed exclusively by the Board. No. 19 Townn and Counztry Planningz 1946 37 Power of 9. The Board may delegate to a Committee appointed under Board to section 10 of this Ordinance or to any other person, all or any of delegate the powers and duties conferred upon it by this Ordinance, and in authority. so doing may impose upon the Committee or upon such person or body of persons such conditions, exceptions and qualifications in the exercise of any powers so delegated as to the Board may seem fit : Provided that nothing herein contained shall authorise the Board to delegate the power to make regulations under section 33 of this Ordinance. Appoint- 10. (1) When an order declaring a Planning Area has been ment of published under section 6 of this Ordinance, the Board shall appoint Planning a committee to be called the Planning Committee. Committee. (2) The Planning Committee shall consist of not less than five persons appointed by the Board for such period or periods as the Board may determine : .Provided that where the Planning Area lies wholly or in part' within a municipal area, the Planning Committee shall include among its members the Medical Officer of Health of the Town Council concerned or if there is no such Medical Officer, then a Medical Officer appointed by the Director of Medical Services, the Town Engineer of such Council, or if there be no such Town Engineer, the Provincial or Executive Engineer, and not less than two members of such Council to be nominated by the Town Council. (3) The chairman of any Planning Committee shall be appointed by the Board from among the members of such Committee and he or the member presiding at any meeting of the Committee shall have an original vote in common with the other members, and also a casting vote if upon any question the votes shall be equal. (4) All acts whatsoever authorised or required to be done by the Planning Committee shall be done and decided by the Majority of votes: Provided that the Planning Committee shall not be competent to act in any case unless there be present at and throughout the meeting three members at least, of whom one shall be either the chairman or one of the members appointed in writing by the chairman to preside. (5) Any member of a Planning Committee who has any financial or other interest in any matter coming before the Com- mittee for determination, or who is financially or otherwise personally interested in any recommendation which the Committee may wish to make to the Board, shall disclose such interest to the Committee and if it is any matter on which a vote is to be taken by tue Com- mittee, he shall not vote on such matter. Duties and 11. (1) (a) The Planning Committee shall furnish to the Board powers of such particulars and information as the Board may require with Committee. regard to the present and future planning needs and the probable direction and nature of the development of its area. (b) The Committee shall keep proper minutes of all 'its- meetings, and on confirmation by the Committee, copies of suci minutes shall be sent to the Board. 38 No. 19 Town and Counttry Planzning 1946 No. 19 Town and Country Planning 1946 39 (2) The Planning Committee shall exercise such of he powers of the Board as may be delegated to it under the provisions of section 9 of this Ordinance. Part IV PREPARATION AND APPROVAL OF SCHEMES 12. (1) (a) Every Planning Committee shall, at the request Planning of the Board submit to the Board within such time as may be committee prescribed by the Board, an outline planning scheme in respect of prepare ou t all lands within the Planning Area, with the general object of line schemes. securing proper conditions, of health, sanitation and communication and amenity and convenience in connection with the laying out and use of the land. (b) Any outline scheme submitted by a Planning Committee may be adopted by the Board with or without such modifications or alterations as to the Board seems fit. (2) Without prejudice to the powers of the Planning Com- mittee under this Ordinance, every scheme to which this section applies shall make provision for all or any of the following matters, as may be prescribed by the Board :- (a) construction, diversion or alteration of streets, main roads and communications and general building lines; (b) drainage, including sewage; (c) water supply; (d) the limitation of zones within which special trades and industries may be carried on or which are reserved exclusively for residential or other purposes; (e) the imposition of conditions and restrictions in regard to the open space to be maintained about buildings and the particular height and character of buildings to be allowed in specified areas. (3) If a Planning Committee fails or neglects to submit within the time prescribed such outline planning scheme as afore- said, the Board may prepare an outline scheme and such scheme shall for all the purposes of this Ordinance be deemed to be an outline planning scheme prepared by the Planning Committee. (4) An outline planning scheme shall in all cases be accompanied by a plan or plans of the area. (5) Any law relating to development, road construction or building operations inconsistent with the provisions of a scheme the application of which would tend to hinder the carrying out of the scheme shall not apply to the area to which the scheme relates. 13. (1) (a) When an outline scheme has been prepared Power of the Planning Committee may at any time prepare for submission Planning to .the Board a detailed planning scheme with reference to any committee .land within the planning area, or may adopt with or without dop de-or modifications for submission to the Board, any -lanning scheme tailed plan proposed by all or any of the owners of such land. ning scheme Provided that if no such scheme as aforesaid is submitted and the Board is satisfied that a detailed planning scheme ought to be made by the Planning Committee as regards any land within the planning area, the Board may require the Planning Committee to prepare and submit a detailed planning scheme within such time as the Board shall prescribe. (b) Any detailed scheme submitted by a Planning Com- mittee may be adopted by the Board with or without such modifications or alterations as to the Board seems fit. (2) A detailed planning scheme shall in all cases be accom- panied by a plan or plans of the area. (3) If the Planning Committee fails to submit a detailed planning scheme within the time prescribed by the Board, the Board may prepare a detailed scheme and such scheme shall, for all purposes of this Ordinance, be deemed to be a detailed planning scheme prepared by the Planning Committee. (4) A planning scheme prepared or adopted under this section shall deal with the matters prescribed in section 12 (2) and, in addition, may make provision for any of the matters mentioned in the First Schedule to this Ordinance. (5) A detailed planning scheme may provide for the re-distribution of lands or for the readjustment of the boundaries and areas of such lands. (6) Any law relating to development, road construction, or building operations inconsistent with the provisions of a scheme the application of which would tend to hinder the carrying out of the scheme shall not apply to the area to which the scheme relates. Obligation to 14. (1) The Board may, for any purpose arising in relation to give informa- the making, enforcement or carrying out of a scheme, by notice in tion to Board. writing require the owner of any land or building in the area to which such scheme relates or is intended to relate, to state in writing and deliver or forward by registered post to the Board within thirty days of the date of the notice, particulars of his estate, interest in cr right over or in respect of, such land or building, and the name and address, and the estate, interest or right (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such land or building. (2) Every person required to make and deliver or forward a statement under this section who shall wilfully make and deliver or forward any false statement, or fail without reasonable cause or refuse to make and deliver or forward a statement, shall be liable, on summary conviction, to a fine of twenty-five pounds. Powers of 15. (1) The Board may at any time cause the whole or any entry, ex- part of any land to be entered upon, examined and surveyed and anunation the circumstances and requirements thereof to be investigated for for prepara- the purpose of deciding whether or not a scheme should be made in tion of respect of any such land or any part thereof and of making such scheme, scheme if decided upon, 40 No. 19 Town and Country Planning 1946 S(2) Any person authorised in that behalf in writing by the Board may, for the purpose of any entry, examination, survey or investigation which the Board is authorised by.this section to cause to be made, and on production of such written authority, enter and there do anything which such person shall reasonably consider to be necessary for the said purpose. 16. (1) When a scheme has been framed or adopted it shall Deposit of be deposited in such place as the Board shall decide, scheme and notice of (2) Notice of such deposit and of the period in which any deposit. person may inspect and make representations respecting the scheme shall be published by the Board in the Gazette and in local papers circulating in the Colony, and by exhibiting public notices in such other places in the Colony, as the Board may direct. (3) Any person may within two months of the date of the notice of such deposit inspect, and make representations to the Board respecting the scheme, and upon the expiration of such period the Board shall forthwith submit the scheme, together with any such representations and any recommendations thereon by the Board, for consideration by the Governor. 17. A scheme in respect of the whole or part of a Planning Scheme to be Area shall not have effect unless and until it is approved by order of sval by the the Governor, and before giving his approval the Governor may Governor. make such modifications thereof as he thinks fit. Provided that a scheme though approved may, subject to the provisions of section 31 of this Ordinance, be modified or revoked. 18. When a scheme has been approved by the Governor in Deposit of respect of the whole or part of a Planning Area, a copy" of it shall scheme. be deposited for inspection in such place within the Planning Area as the Board shall direct. Part V EXECUTION OF SCHEMES 19. Where a scheme has been approved in respect of a Plan- Provision for ning Area, the Board shall be the authority responsible for executing execution of and enforcing the scheme. scheme. .. (1) Subject to the provisions of this section the Board may Power to at any' time- enforce and carry into (a) remove, pull down or alter, so as to bring into conformity effect any with the provisions of thie scheme, any building'or scheme other work which does'not conform to those provisions, or the removal, demolition or alteration of which is necessary for carrying the scheme into effect, or in the erection or carrying out of which any provision of the scheme has not been complied with; (b) where any building or land is being used in such manner as to contravene any provision of the schemes, prohibit it from being so used;' No. 19 Townr azd -Country Planningg '1946 41 (c) where any land has been, since the date when the order declaring a Planning Area under section 6 of this Ordi- nance has been published, put to any use which contravenes any provision of the scheme, reinstate the land; (d) execute any work which it is the duty of any person to execute under the scheme in any case where delay in the execution of the work has occurred and the efficient operation of the scheme has been or is likely to be thereby prejudiced. (2) Before taking any action under this section the Board shall serve a notice on the owner and on the occupier of the building or land in respect of which the action is proposed to be taken and on any other person who, in its opinion, may be affected thereby, specifying the nature of and the grounds upon which it proposes to take such action. (3) The date stated in a notice served under this section as the date on or after which the intended exercise of the power therein mentioned is intended to be begun shall be not less than three months when any building is affected, and in any other case not less than one month after the date of service of such notice, and the Board shall not do any act or thing in exercise of such power in relation to the building or land mentioned in the notice before such date. (4) Every such person who uses any building or land in a manner prohibited under this section shall, in addition to any civil liability, be guilty of an offence and liable, on summary conviction, to a fine of twenty-five pounds. Powers of 21. Any person authorised in that behalf in writing by the entry, etc., Board may, on production of such written authority, enter on any for carrying , out a scheme, land in a Planning Area to which a scheme relates and there make such inspection, survey, examination and investigation and there carry out such work as may be necessary for the purposes of the enforcement or carrying out of a scheme. Penalty for 22. Every person who wilfully obstructs or interferes with obstruction. any person in the lawful exercise of any power conferred by this Ordinance shall be liable, on summary conviction, to a fine of twenty-five pounds. Penalty for 23. Any person who wilfully does any act which is a contra- contraven- vention of a provision contained in a scheme or who wilfully fails tion of a scheme, to comply with a provision in a scheme shall be liable, on summary conviction, to a fine of fifty pounds and in the case of a continuing offence, to a further fine of five pounds for evpry day during which the offence continues after conviction. Acquisition 24. (1) The Board may acquire such land or buildings as pf land. may be necessary of expedient for carrying into effect the provisions of a scheme. Warrant for (2) Where the Board is unable to purchase by ,agreement acquisition any land or building required for carrying into effect the provisions bujldingsan of a scheme, the Governor in Council, upon the application of the Board and after consideration of any representation which may be submitted by the owner, and after such enquiry as he may thinly 42 No. 19 Townz and Country Planning i 1946 proper, may declare that any land or building shall be acquired for town or country planning purposes as the case may be and the Governor may thereupon by warrant under his hand and the public seal of the Colony direct that such land or building shall be acquired for town or country planning purposes as the case may be. Every such warrant may be in the Form A in the Second Schedule hereto and shall be published in the Gazette. (3) Whenever by any such warrant as in the immediately Notice to be preceding subsection mentioned it is directed that any land or served on building shall be acquired for town or country planning purposes trn en- as the case may be the Board shall cause to be served personally interested. on the person or persons entitled to sell or interested in any land or building specified in such warrant, or if he or they cannot be found shall cause to be left at his or their last usual place or places of abode or business with some inmate thereof, to be given to such person or persons, and in case no such person can be ascertained or found, shall cause to be left with the' occupier of such land or building or if there be no such occupier, shall cause to be fixed on some conspicuous part of such land or building within fourteen days from the date of such warrant, a notice, in the Form B in the Second Schedule hereto, or as near thereto as possible. (4) After the lapse of twenty-one days from the publication Power to of any such warrant in the Gazette it shall be lawful for the Board enter and take land with all necessary workmen and other servants, to enter upon and such land or building and also to set out, appropriate and take so buildings. much of such land or building, as is specified in the said warrant. (5) When the Board shall appropriate and take any land Land to be or building as aforesaid, the Board shall cause a notice to be posted marked out. in some conspicuous part of such land or on such building as the case may be, and such notice shall be in the following words, viz :-" Taken for Town Planning Purposes" or "Taken for Country Planning Purposes as the case may be and shall be signed by the President of the Board. Any land or building so appropriated and taken shall thereupon vest in the Board, free from all other interests, liens, rights, charges and encumbrances whatsoever. (6) Within twenty-one days of any appropriation of any Plan and cer- land as aforesaid, the Board shall cause a plan of the land so appro- tificateto be' priated and taken together with a certificate under the hand registered. of the President of the Board that the land has been appropriated and taken for town or country planning purposes as the case may be, to be registered in the office of the Registrar-General and the registration of such plan and certificate shall be conclusive evidence that such land has been appropriated for town or country planning purposes as the case may be. (7) The provisions of this Ordinance relating to compensa- Compensa- tion shall apply to any land or building appropriated in accordance ion to be with this section; cases in (8) (a) If in any case in which, according to the provisions of which the this Ordinance, the Board is authorised to enter upon and take owner any land or building, and the owner or occupier of any such land refuses to or building, or any other person, refuse to give up possession thereof, possession, or hinder the Board, their workmen or servants from entering upon etc. No. 19 Town and Country Planning 1946 43 Town and Country Planning or taking possession of the same, it shall be lawful for the Governor to issue his warrant in the Form C in the Second Schedule hereto, or as near thereto as possible, directed to the Sheriff, ordering him to deliver possession of the same to the Board and upon receipt of such warrant the Sheriff shall deliver possession of any such land or building accordingly. (b) The costs accruing by reason of the execution of such warrant, to be taxed by the Master of the Supreme Court in accordance with the Rules of the Supreme Court subject to review by the Chief Justice, shall be paid by the person refusing to give possession .or hindering the Board, their workmen or servants as aforesaid; and the amount of such costs shall be deducted and retained by the Governor from the compensation, if any, then payable by him to such person, and if no compensation be payable to such person, or if the same be less than the amount of such costs, then such costs or the excess thereof beyond such compensation, if not paid on demand, shall be levied by distress, and upon application to a magistrate for that purpose he shall issue his warrant accordingly. Provided that no costs shall be taxed under this section unless due notice has been given to the owner or occupier or any other person who has refused to give up possession to the Board, or who has in any way hindered the Board, their workmen or servants from taking possession or entering upon any land or building. Land etc. to (9) Subject to the provisions of the immediately succeed- be used for ing subsection all lands and buildings acquired under this section Town Plan- for carrying into effect the provisions of a scheme shall. be used urposes, only for or in connection with, the scheme for which they were so acquired. Provided that nothing in this subsection contained shall be taken to preclude the Board, in furtherance of any scheme, from selling or otherwise disposing of any land acquired. Power to sell. (10) When any scheme is revoked or abandoned, it shall be lawful for the Board to sell or otherwise dispose of any land or building acquired under this Ordinance, provided that the Board shall, in the first place offer the land or building to the person from whom it was acquired before selling it to any other person. Part VI COMPENSATION AND BETTERMENT Provisions as 25. Subject to the provisions of this Ordinance, any person-- to compen- sation for (a) whose property is injuriously affected by the coming injurious into operation of any provision contained in a scheme etc. onor by the execution of any work under a scheme, or (b) who for the purpose of complying with any provision contained in a scheme or in making or resisting a claim under the provisions of this Ordinance relating to com- pensation and betterment, has incurred expenditure which is rendered abortive by a subsequent revocation or modification of the scheme, 44 No. 19 1946 No. 19 Town and Country Planning 1946 45 shall, if he makes a claim within the time limited for the purpose by this Ordinance, be entitled to recover as compensation from the Board the amount by which his property is decreased in value, or, so far as it was reasonably incurred, the amount of the abortive expenditure, as the case may be. 26. (1) No compensation shall be payable in respect of the Nocompen- prohibition imposed by subsection (1) of section 7 of this satonin Ordinance upon development of land or construction, demolition, classesof alteration, extension, repair or renewal of buildings. cases. (2) No compensation shall be payable in respect of any building the erection of which was begun after the date of the publication of the order declaring a Planning Area under section 6 of this Ordinance, unless such erection was begun under and erected in accordance with the permission of the Board. (3) No compensation shall be payable in respect of any of the following provisions in a scheme, namely, any provision which- (a) prescribes the location of buildings, the extent of the yards, gardens and curtilage of buildings; (b) imposes any health conditions in connection with buildings; (c) limits the number of buildings or the number of buildings of a specified class which may be constructed, erected on or made in or under any area; (d) prohibits or regulates the sub-division of land; (e) regulates or empowers the Board to regulate the size, height, spacing, design, colour and materials of buildings; (f) controls, restricts or prohibits the objects which may be affixed to buildings; (g) prohibits or restricts building operations permanently on the ground that by reason of the situation or nature of the land the erection of buildings thereon would be likely to involve danger or injury to health or excessive expenditure of public money in the provision of roads, sewers, water supply or other public services; (h) prohibits (otherwise than by way of prohibition of building operations) the use of land for a purpose likely to involve danger or injury to health, or detriment to the neighbour- hood, or restricts (otherwise than by way of restriction of building operations) the use of land so far as may be necessary for preventing such danger, injury or detriment; (j) restricts the purposes for and the manner in which land or buildings may be used or occupied, or res rves or r allocates any particular land or all land in any particular area for buildings of a specified class or classes or to be used for a specified purpose ; (k) in the interests of safety, regulates, or empowers the Board to regulate the height and position of proposed walls, fences or hedges near the corners or bends of roads or at a railway level-crossing; (1) limits the number or prescribes the sites of new roads entering a road or the site of a proposed road; (m) fixes in relation to any road or intended road a line beyond which no building in that road or intended road may project unless, within a period of two years immediately preceding the publication of an Order under section 6 of this Ordinance declaring the Planning Area within which the scheme lies, the land was or formed the site of a building; (n) in the case of the erection of any building intended to be used for purposes of business or industry, requires the provision of accommodation for parking, loading, unloading or fuelling vehicles, with a view to preventing obstruction of traffic on any road; (o) prohibits, restricts or controls, either generally or in particular places, the exhibition, whether on the ground, on any building or any temporary erection, or on any vehicle, boat, aircraft or other movable object (whether on land or on or in water or in the air), of all or any particular forms of advertisements or other public notices; or (p) prevents, remedies or removes injury to amenities arising from the ruinous or neglected condition of any building or by the objectionable or neglected condition of any land attached to a building or abutting on a road or situate in a residential area. (4) Where any provision of a scheme is revoked or modified by a later scheme, no compensation shall be payable in respect of any property on the ground that it has been injuriously affected by any provision contained in the later scheme if and in so far as that later provision is the same, or substantially the same, as the earlier provision so revoked or modified; but if at the date when the revocation or modification of that earlier provision becomes operative- (a) there is still outstanding any claim for compensation duly made thereunder ; or (b) the time originally limited for making such a claim has not expired, any such outstanding claim and any such claim made within the time so limited shall be entertained and determined, and may be enforced, in the same manner in all respects as if all the provisions of the earlier scheme had continued in operation, unless the claim is in respect of a restriction removed by the later scheme. (5) Nothing contained in subsection (3) of this section shall preclude an owner from claiming compensation for loss or, injury arising from- (a) being prevented by the operation of a scheme from maintaining a building which was in existence on the date of the publication of an order declaring a Planning 1946 46 No. 19 Town and Country Planning Area under section 6 of this Ordinance or from continuing to use any such building for the purpose for which it was used on such date; or (b) where a permanent building which was in existence at the time within two years immediately before the date of the publication of an order declaring a Planning Area under section 6 of this Ordinance has been demolished or been destroyed by fire or otherwise, being prevented by the operation of a detailed scheme from erecting on the site of such demolished or destroyed building a new building which substantially replaces such demolished or destroyed building or from using such new building for the purpose for which such demolished or destroyed building was last used. 27. (1) A claim for compensation shall be made by serving Making of, upon the Board a notice in writing stating the grounds of the claim claims for and the amount claimed. ompensa (2) Subject to the provisions of subsection (3) of this section, no claim for compensation shall be entertained unless the written notice has been served on the Board within six months after the date on which the provision giving rise to the claim came into operation or within such longer period as may be specified in the scheme or, in respect of expenditure rendered abortive by the revoca- tion or modification of a scheme, within six months after the date on which the revocation or modification of the scheme became operative. Provided that on cause being shown to the satisfaction of the Board, the period of six months herein before referred to may be extended, but only to the extent that the time in which notice may be given shall not exceed twelve months from the dates in this subsection specified. (3) Where it is alleged that property has been injuriously affected by the execution of any work, the period within which a claim in respect of that injurious affection may be made, shall be a period of one year after completion of the work. 28, (1) Where by the coming into operation of any provision Recovery of contained in a scheme, or by the execution of any work under a betterment from owneTS scheme, any property within the area to which the scheme applies of property is increased in value, the Board, if it makes a claim for the purpose increased within two years after the date -n which the provision came into in value. operation, or within two years aft 'r the completion of the work, as the case may be, shall be entitled t recover from any person whose property is so increased in value 75 per cent of the amount of that increase. (2) A claim in respect of an increase in the value of any property shafl be made by serving upon the person from whom the amount alleged to be payable is claimed a notice in writing stating the grounds of the claim and the amount claimed. (3) Any sum recoverable under this section may be set off ggapist' any claim to cqnopensation. No. 19 Tounit~ and Coun2try Plann~ing 1946 47"' 48 No. 19 Town and Country Planning 1946 (4) Where any provision of a scheme is revoked or modified by a later scheme, no property shall be deemed to be increased in value by any provision contained in the later scheme if and in so far as that provision is the same, or substantially the same, as a provision contained in the scheme so revoked or modified : Provided that, if at the date when the revocation or modifica- tion of such scheme becomes operative, there is still outstanding any claim in respect of an increase in the value of any property duly made thereunder, or the time originally limited for making such a claim has not expired, any such outstanding claim, and any such claim within the time so limited, shall be entertained and determined and may be enforced in the like manner in all respects as if all the provisions of the earlier scheme had continued in operation. Determina- 29. (1) Any dispute arising under this Ordinance as to- tion of claims and (a) the right of a claimant to recover compensation, or recovery of amounts due. (b) the right of the Board to recover betterment, shall, upon application of any party concerned, be heard and determined by the Supreme Court. (c) Any final judgment in any such case as aforesaid shall be subject to the like appeal to which other final judgments of the Court are subject, including appeal to the West African Court of Appeal and to His Majesty's Privy Council where such appeal is allowed by law. Moneys re- (2) Any dispute referred to the Court under the provisions ceived by of subsection (1) of this section shall be by way of a suit by or and expenses against the Board. incurred by Board. 30. (1) All such sums received by the Board in respect of betterment or otherwise shall, unless the Governor otherwise directs, be paid into the general revenue of Sierra Leone. (2) All expenses incurred by the Board in the discharge of its functions and all amounts due by it under this Ordinance shall, unless the Governor otherwise directs, be defrayed from the gpneFra revenue of Sierra Leone. Part VII MISCELLANEOUS Revocation 31. (1) The Board may at any time apply to the Gqvernor ormodifica- for the revocation or modification of a scheme which has been tone at approved under section 17 of this Ordinance on any of'the folJowing scheme at m"nce on a i * request of grounds :- Board. (a) on account of the amount of the compensation which has been awarded or is likely to be awarded n 'respect of provisions contained in the scheme (b) on account of practical difficulties in the execution or enforcement of the scheme'; (c) on account of events which have occurred since thq .ak ig of the schem e. .. .... ... (2) When an application has been made under subsection (1) of this section, the Governor may either revoke or modify such scheme or refuse the application. (3) When the Governor modifies or revokes such scheme, the Board shall, within one month of the date of such modification or revocation, give notice thereof to the owner of any property affected, and thereupon any compensation already agreed upon or awarded by the Supreme Court or the Court of appeal as the case may be shall be discharged, but without prejudice to the right of the owner to make a further claim for compensation in respect of a later scheme, but subject nevertheless to the provisions of subsection (3) of section 26 of this Ordinance. 32. (1) Any notice, summons, writ or other proceeding at Service of law or otherwise required to be served on the Board for any of the notices, etc. purposes of this Ordinance may be served by deliverir:g it to the President of the Board, or by sending it by post in a registered letter addressed to the President at the office of the Board. (2) Subject to the provisions of subsection (1) of this section any notice, order or other document required or authorised to be served under this Ordinance may be served either- (a) by delivering it to the person on whom it is to be served; (b) by leaving it at the usual or last known place of abode of that person; (c) by sending it by post in a registered letter addressed to that person at his usual or last known place of abode; (d) in the case of a company or body incorporated in the Colony, by delivering it to the secretary of the company or body at its registered or principal office or sending it by post in a registered letter addressed to the company or body at such office ; (e) in the case of a company or body incorporated outside the Colony, by delivering it to the individual resident in the Colony in charge of the operations of the company or body in the Colony or sending it by post in a registered letter addressed to such individual at the principal office of the company or body in the Colony; or (f) in the case of a partnership by delivering it to one of the partners at the principal place of business of the partnership, or to any person having at the time of service the control or management of the partnership business at such place, or by sending it by post in a registered letter addressed to one or more of the partners, or to the person having the management and control of the partnership, at the principal place of business of the partnership; (g) if it is not practicable after reasonable enquiry to ascertain the name or address of any person on whom it should be served, by addressing it to him by the description of owner or "lessee or occupier" pf the premises 1946 49 No. 19 Towen and Counltry Planning (naming them) to which it relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises. Power of 33. (1) It shall be lawful for the Board to make regulations Board to witl respect to any or all of the following matters :- make regulations. (a) the determination and adjustments of the limits of plots or estates within planning areas ; (b) the procedure generally in connection with the Board and schemes, and in particular (but not so as to exclude others) with respect to the following matters :- (i) the submission of claims for compensation; and (ii) permission to develop an area and to carry cut building operations between the date of the publication of an order declaring a Planning Area under section 6 of this Ordinance and the coming into operation of the scheme for that area ; (c) the preparation, deposit, publication and submission of schemes; (d) the grant and exercise of all necessary powers in connec- tion with schemes and with the preparation of schemes; (e) the further, better or more convenient effectuation of the provisions and purposes of schemes or of any particu- lar scheme ; (f) the modification and revocation of schemes ; (g) for obtaining without charge information which may be required for the purposes of or in connection with the preparation or making or carrying into effect of schemes by inspection of or obtaining copies from Assessment Rolls, Valuation Rolls, Rate Books and other similar documents and to search without the payment of any fees, the registers and documents in the custody of the Registrar-General. (2) Such regulations may impose a fine not exceeding twenty-five pounds or in default of payment imprisonment not exceeding two months for the breach of any such regulations, and in the case of a continuing offence, a further penalty not exceed- ing one pound for each day after written notice of the offence has been served on the offender. (3) Regulations made under subsection (1) of this section shall be subject to the approval of the Governor in Council; who before approving, may amend or alter them. (4) All regulations made under subsection (1) of this section shall, after approval by the Governor in Council be published in the Gazette and shall thereupon have the same force and effect as if they had been enacted in this Ordinance, either immediately or on and from such later date as may therein or in their regard be provided. 1946 50 No. 19 Town and Country Planningg No. 19 Town and Country Planning 1946 51 FIRST SCHEDULE PART I-ROADS 1. Providing for the reservation of land for roads, the con- struction of new roads, improvement of existing roads, establish- ment of public rights of way. 2. Providing for the closing or diversion of existing roads and public and private rights of way and traces. 3. Restricting and controlling the construction of new roads and the alteration of existing roads whether by the Board or owners. 4. Regulating the line, width, level, construction and general dimensions and character of roads whether new or existing. 5. Enabling the Board to require an owner of land as a con- dition of his developing such land in any manner- (a) to reserve land for such roads as it may think necessary; (b) contribute to the cost of the construction of new roads or the improvement of existing roads by the Board. 6. Providing for and generally regulating the construction or execution whether by the Board, or by owners, of works incidental to the making or improvement of any road including the erection of shelters, provision of seats, planting or protecting of grass, trees and shrubs on or adjoining such road. PART II-BUILDINGS AND OTHER STRUCTURES 1. Regulating and controlling, either generally or in particular areas, all or any of the following matters :- (a) the size, height, spacing and building line of buildings; (b) the objects which may be affixed to buildings; (c) the location of buildings, the extent of yards, gardens and curtilage of buildings; (d) the purposes for and the manner in which buildings may be used or occupied including in the case of dwelling- houses, the letting thereof in separate tenements ; (e) the prohibition of building operations on any land, or regulating such operations. 2. Regulating and controlling or enabling the Board to regulate and control the design, external colour and materials of buildings and fences. 3. Reserving or allocating any particular land or all land in any particular area for buildings of a specified class or classes, or prohibiting or restricting, either permanently or temporarily, the making of any buildings or any particular class or classes or buildings on any specified land. 4. Reserving or allocating any particular land or all land in any particular area for the purpose of any industrial or trade purpose or for any specified undertaking. 5. Limiting the number of buildings or the number of build- ings of a specified class which may be constructed, erected or made on, in or under any area. 6. Providing for the removal, demolition or alteration of buildings or works which are inconsistent with or obstruct the operation of a scheme. 7. Providing for the reservation of sites for places of religious worship, schools and public. buildings and for places required for public services. 8. Providing for health conditions. 9. Providing for the reservation of sites for housing schemes. 10. Providing for slum clearance in specified areas. PART III-AMENITIES 1. Providing for the reservation of lands as open spaces, whether public or private, and for burial grounds. 2. Providing for the preservation of views and prospects and of the amenities of places and features of natural beauty or interest. 3. Providing for the reservation of buildings and objects of artistic, architectural, archaeological or historical interest. 4. Providing for the preservation or protection of forests, woods, trees, shrubs, plants and flowers. 5. Prohibiting, restricting or controlling either generally or in particular places, the exhibition, whether on the ground, on any building or any temporary erection, on any vehicle, boat, aircraft or other movable object, whether on land, or on or in water or in the air, of all or any particular forms of advertisement or other public notices. 6. Preventing, remedying or removing injury to amenities arising from the ruinous or neglected condition of any building or fence, or by the objectionable or neglected condition of any land attached to a building or fence or abutting on a road or situate in a Planning Area. 7. The prohibition, regulation and control of the deposit or disposal of waste materials and refuse. PART IV-PUBLIC UTILITY SERVICES Facilitating the construction of works in relation to lighting, water supply, sewerage, drainage, sewage disposal and refuse disposal or other public utility services. PART V-TRANSPORT AND COMMUNICATION 1. Facilitating the establishment, extension or improvement of systems of transport whether by land, water or air. 2. Allocating sites for use in relation to transport and providing for the reservation of land for that purpose. 3. Providing for the establishment, extension and improve- ment of telegraphic, telephonic or wireless communication, allo- cating sites for use in relation to such communication and providing for the reservation of land for that purpose. 1946 52 No. 19 'Towzen anzd Counztry Plaim~ing PART VI-MISCELLANEOUS 1. Declaring the persons by whom and the manner in which the cost of the execution of works (whether of construction, demoli- tion, removal or alteration) in pursuance of the scheme are to be borne. 2. Subject to the provisions of this Ordinance, declaring the notices to be served for the purposes of the scheme by the Board and the persons on whom, the manner in which and the times at or within which such notices are to be served. 3. Subject to the provisions of this Ordinance, declaring the manner in which and the times at or within which notice for the purposes of the scheme may be served on the Board by other persons. 4. Providing for and regulating the making of agreements for the purpose of a scheme by the Board with owners and other persons and by such persons with one another. 5. Dealing with the use or disposal of land acquired under the provisions of this Ordinance. 6. Prohibiting the sub-division of land until a plan showing the sub-division and proposed access to the land has been approved. 7. Making any provisions necessary for- (a) adjusting and altering the boundaries and areas of any lands, roads, rights of way or traces; (b) effecting such exchanges of land or cancellation of existing sub-divisions as may be necessary or con- venient for the purposes aforesaid. 8. Providing for and regulating the construction, alteration,. removal and use of railways, pipe lines, telegraph and telephone lines, electric current transmission lines, drainage or irrigation channels, aerial cable ways and their ancillary structures. 9. Preventing the pollution of streams, water courses, rivers, wells, lagoons and harbours. 10. Works ancillary to or consequent on a scheme. 11. Any other matter (not hereinbefore mentioned) necessary or incidental to a scheme or its administration. The mention of particular matters in this Schedule shall not be held to prejudice or affect the generality of any other matter. Town and Country Planning 1946 53 SECOND SCHEDULE FORM A WARRANT THAT LAND [AND/OR BUILDINGS] SHALL BE ACQUIRED FOR TOWN PLANNING PURPOSES Sec. 24 (2) SIERRA LEONE (L.S.) By His Excellency, Governor. WHEREAS on the day of 19 the Governor in Council declared that the land [and/or buildings] hereinafter described, that is to say (insert description of land [and/or buildings]), should be acquired for Town Planning purposes: Now, therefore, I do hereby, under the provisions of the Town and Country Planning Ordinance 1946, by this my warrant under my hand and the Public Seal of the Colony, direct that the said land [and/or buildings] shall be acquired for Town Planning purposes. Dated this day of 19 By Command, Colonial Secretary. Sec. 24 (3) FORM B NOTICE Notice is hereby given that the following land [and/or buildings] (describe land [and/cr buildings] denoting the boundaries of the land by physical marks wherever practicable) is [are] to be acquired for Town Planning purposes. Any person claiming to be possessed of, or to have any right title or interest in, the said land [and/or buildings] or to be injuriously affected by any such acquisition, is required, on or before the day of (twenty-one days after the date of publication of warrant in the Gazette), to forward to the Board a statement of his right or interest, and the evidence thereof, and of any claim made by him in respect of the value of such land [and/or buildings] or of his interest therein. Dated this day of President, Town and Country Planning Board. 1946 54 No. 19 Town and Country Planning Town and Country Planning FORM C Sec. 24 (8) WARRANT TO THE SHERIFF To-THE SHERIFF OF THE COLONY OF SIERRA LEONE WHEREAS by a warrant dated the day of 19 under the hand of the Governor and the Public Seal of the Colony, it was directed that the following land [and/or buildings] (described land [and/or buildings]) should be acquired for Town Planning purposes. AND WHEREAS twenty-one days have elapsed since the publica- tion of the said warrant in the Gazette. These are therefore to command you to put the Board or any person authorized by them in that behalf, in possession of the said land [and/or buildings]. Dated the day of 19 By Command, Colonial Secretary. Passed in the Legislative Council this 21st day of May, in the year of Our Lord one thousand nine hundred and forty-six. T. C. LUKE, Clerk of Legislative Council. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the Legislative Council and found by me to be a true and correct copy of the said Bill. T. C. LUKE, Clerk of Legislative Council. M.P. 0876/25. No. 19 1946 55 |