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Legislation of Sierra Leone
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Permanent Link: http://ufdc.ufl.edu/UF00072648/00016
 Material Information
Title: Legislation of Sierra Leone
Uniform Title: Laws, etc. (Legislation of Sierra Leone)
Alternate Title: Supplement to the laws with an index of legislation in force
Spine title: Sierra Leone ordinances
Cover title: Ordinances of the colony of Sierra Leone
Legislation of the colony of Sierra Leone
Physical Description: v. : ; 25 cm.
Language: English
Creator: Sierra Leone
Publisher: s.n.
Place of Publication: Freetown
Creation Date: 1951
Frequency: annual
regular
 Subjects
Subjects / Keywords: Session laws -- Sierra Leone   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
serial   ( sobekcm )
 Notes
General Note: Title from cover, 19 -1921, 1929, 1931. Title from label on cover, 1922-28, 1932, 1934- .
General Note: Description based on: 1925.
General Note: Title varies slightly.
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 41905680
lccn - 42043508
System ID: UF00072648:00016

Table of Contents
    Title Page
        Title Page
    Errata
        Errata
    Chronological index
        Page A-i
        Page A-ii
        Page A-iii
        Page A-iv
    The legislative council (elections) ordinance, 1951: Arrangements of sections, preliminary
        Page B-i
        Page B-ii
    Ordinances
        Page A-1
        Page A-2
        Page A-3
        Page A-4
        Page A-5
        Page A-6
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        Page A-31
        Page A-32
        Page A-33
    Public notices
        Page B-1
        Page B-2
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    Alphabetical index of the legislation in force on the 31st day of December, 1951
        Page C-1
        Page C-2
        Page C-3
        Page C-4
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Full Text










SIERRA LEONE


1951


Supplement to the Laws with an Index

of


Legislation in force on


31st December, 1951




Price: 10/-












Printed and published by the GOVERNMENT PRINTER, SIERRA LEONE,
Under the authority of His Excellency the Governor.




























ERRATA

Substitute page A 28 for 8 A ".
On page B 89 delete the words Post Office in- ine 1
of Rule 1 of the Telegraph Rules, 1951.



















CHRONOLOGICAL INDEX of Ordinances, and Public Notices (Orders
in Council, Govcrnor's Orders, Rules, Proclamations, etc.) of
Sierra Leone, enacted and made during the year 1951

(,A-'c.-(I) The title of enactments wiich are no longer operaltiue are printed ti italics.

(2) A n A lp/labiihical (Index o lthe Legislationi in forit on 31st December, 1951, will be
foin;d at lit end of lhis I olume.)


No. Subject Page

ORDINANCES
1. Legislative (Council I elections) ... ... ... ... ... A 1
2. ( ustoni Tarll (A\ient dment) ... ... ... ... ... A 27
3. District Counicils Ordinance, 1950 (Date of Conmlenccement) ... ... A 30
4. Customs (Amendment) ... ... ... ... ... A 32

Public Notices
1. Dogs Destrutld ii (3oinhalt District) IJroclaniation ... ... P
2. Dogs Desltructio (Toiikolihl Districl) 'roclaciiatio ... ... ... B 2
3. Dogs Destrultion (BHo District) Proclamatioa i ... .. ... 1 3
4. Protectoraat (l. nplion from Hoouts Tax) Oider .. ... ... B 4
5. Supreme l'ourt Amcindment) Itules ... ... ... ... 1 5
6. Dtef c (Pru ojf oods) Order ... ... ... ... B 6
7. Dogs Destruit io; n (Police Dishl t i / /r I .I i, ) io/a nation .. ... 3 10
8. Ferries (Amendment) Rules ... .. .. B 11
9. Ferries Order in Counlcil ... .. ... .. B 12
10. Survey ordinance e (( oulli elniceiienil I dlrder .. ... ... 13 13
11. Telegraph- (]o\tr and Dulies) Ordri ... ... ... ... B 14
12. Dogs /hctr liool ( uij/chiii D i-lricl) I'rotla anillo .. ... Bi 15
13. Decfr o l'ri, i (ooods) (AndI;tlt'I) (Order ... ... B 16
14. I)ou lloh1 la s Ln ir Day) n O 0 'r in Couwil ... ... ... B 18
15. Dislr / [ Coi iii i lidillaiit' (fCioi i eoii t' c 'nt) O(rdor in Cl ("ot -il ... B 19
16. Dcivelo/i n nt o/ Inid .1iri s oird Order il Counciil ... .. ... 13 20
17. \\est .\lr';c n ('i)i t ol A.\ppI eal Hule .. .. ... ... B 21
IS \Vc'-. A ricain (Cotrt (,I .\plil \ A -ind ent) Rules... ... B 69
19. (']uit inl I l, 1. 1Ited I i]|m l ts) (An -iilnI'V.ent) (rderin ('C Im cil ... 11 71
20. ( oloniiil .\Air ,\;i\ i,,il i(iu i (Ant lndi ii(Iw i Ornlr ... ... ... H 72
21. 1)istrlt ( o(iiiU il ('. .o t.tutio ) (rll ... ... ... B 86
22. Dcfce; /rii, of (,.i i ,. ,; in aniid ;) (I.\'. 2) Order ... ... 13 87
23. official l Un t]s riderr .. ... ... ... ... B 98
24. Telegraph Rules .. .. ... ... ... B 89
25. Direction by the Conimissioner of Labour Confirming Variations of
Miitiimum latesof Wages (Mining Undertakings) ... ... 1B 94
26. ])Defce (Pr;ices of Goods) (No. 2) Order ... ... ... ... B 96
27. Air Navigation Order ... ... ... ... ... 13 100
28. Trading with tlie Encemy (Custodian) Order ... ... ... B 101
29. Public lealtli (I'rotectl, ratl (Special llealtl A\iithoiity) (Amirrcidnient)
O nl(er in C(ouncil ... .. ... .. ... B3 105
30. lPublic l dilthl (1'r tc .lrt.) (illc:1ilh \r w,) (.\ 1ndn1m ent) ( riderr ill
o nL i .. .. I 107
31. Mo(ech;lTt S i nItIIL 1[l e slr a( iiIin o a Sierra I.,eone (i;o\ernmenl Ship )
Older 108
32. (i'utoni O(rdinance (.1st ol I'rohiblted imports) l \anati'ltA)rder in
C council ... ... .... I
33. \ii:adi Kaikai, Ansiimana Kiikai. George \a\\aln n and 'l i rli
ionIeh (B1anishment) Order in Council ... ... .'*" A .. BI 112











N o. Subject. a -c ta
34. .iquor (Amendment) Rules ... ... B 114
35. Prisons (Protectorate) (Amendment) Rules .' .- ... B 115
36. Defence (Prices of Rice) Order ... ,.i B" 116
37. Defence, (Retail Price of Kerosene) Order ... ..... I 117
38. Defence (Price of Kerosene in Tins) Order .... .I 12o
39. Defence (Retail 'rice of M otor Spirit) Order ... ... ... i 123
40. Defence (Retlail 'Price ol Diesel and Gas Oil) Order .. .. ... 1; 125
41. Defence (Prices ol (;oods) (Amendment) (Ao. 3) Order .. ..1 127
42. forestryy (Kakua.'Native Administration Protected I' orest N\. r )lder
in Council',,:..', : ... ... ... ...129
43. .lotor I'ehicles (Third I'artlv Insurance) (Approved lnsureri,) 1lin, il-
wient) R rules ... ... ... ... ... ... 30
44. Forestry (Kaiyamba Native Administration Protected 'toret -No. 3)
Order in Council ... ... ... 1.31
45. Forestry (Kaiyamba Native Administration Protected Fore-, t\o. N )
Order in Council ... ... 132
46. Income Tax (Deductions for Passages) Rule ... ... ... I 133
47. Customs 'Tarift (Amendmnent) Order in Council ... ... It 135
48. Customs Tarifi (Amendment) (No. 2) Order in (ount il ... I; 136
49. Motor Vehicles (Third P'arty Insurance) (Approved Insuiirers) (Amend-
m ent) R ules ...... ... ... ... 1:37
50. Sierra I.eone (l.egislati\ e Council) Order in council ... ... 1" 138
51. Sierra L.eone Protectorate Order in Conncll ... ... ... l 15
52. Royal Instructions ... ... ...lI.. 1158
53. Sierra Leone Colony Letters I'atent ..... 166
54. Post Oftice (A\mendmcnt) Rulc, ... 17(0
55. Native Produce (Inlspctlio' ) (\A endl iwnt) kinles ... l 172
56. Stamp I)utv (Amendincnt) Order in Counicil .... 17:1
57. Change of Titles (Departmental) O)rder in Council .. H. 1 175
58. Legislative Council (Elections) Ordlinance (('Co`nencTmenKt) Order lI 171T
59. Agricultural (Movement of Nice lestriclion) luis ... ... H 177
60. Customs Tarift (.\Amendment) uls ...... I 178
61. Courts (.\ppointment o, Ad.\(l(tio II'rlot.ctorite MaKistrnit l (\Amend-
nlent) O rdl 'r .. ... ... ... ... I, 18 1
62. L.egis!al Comnitcil 1it/m7 i s) 0. dinac|H 1951 ( 9fil) o Publication an/
Po-ti'ai ) trod) u ia(1 llu 1n ... ... ... ... hI 184
63. Sierra l .eone (Legislative (on cil) I)rder inll Coun l. 1951 (Dlate of
operation) 'ro-,clamationi ... ... ... ...
64. Custtnns Tarill D)utie' (Orler in ( ,Iunt1l, 1950. nlirnlintimon by
];gislative Council ... ... .... 186
65.. Customs Tarifl (Anendment) Order in C(oinil. 1951I. Conlihrnaltion b\y
Legislative Council ... ... ... ... ... I187
66. Customs Tariil (Amendment) (No. 2) O(rder in Council, 1951. Comlrinia-
tion by Iegislative Council ... IS
67. Forestry (Yoni Native Administration Protected Forest No. 1)
(ld'r in Council.. .. B 189
68. Defence (Finance) (Variation) Regulations B 192
69. Defence (Finance) (Exemption) (Amendment) Order ... ... B 193
70. Building Lines Regulation (Amendment) Order in Council ... B 194
71. Customs (Prohibited Import) (A.\mndment) (No. '2) (Order in Council B 195
72. Difi irci (Prirr of Kerosene il 7iT'inii (.V\ 2) Ordr. .. ... ... H 196
73. Minerals (Alluvial Gold Mining) (Amendment) Rules ... ... B 199
74. Police (Amendment) Rules ..... ... B 200
75. Customs (Prcrhibited Imports) Order in Council ... ... B 201
76. Rural Area (Sanitary Authorities) Order in Council ... ... B 202
77. Ginger Hall Planning Area Order in Council ... ... B 203
78. Cline Town Planning Area Order in Council ... B 205
79. Public Health (Kissy Town and Hastings) Order in Council ... B 207
80. Public Health (Rural A.\rea Sanitaryv Districts kcvocation) O()rder in
Council .B 20)
81. Co-operative Societies (Amendment) Rules ... ... ... B 209
82. Post Office (Amendment) (No. 2) Rules ... B 211
83. Dfecnce (Retail Price of Kerosene) (Revocation) Order ... ... B 215
84. Defence (Price of Kerosene in lins) (Revocation) Order B 216
85. Defence (Retail Price of Motor Spirit) (Revocation) Order ... B 217
86. Defence (Retail Price of Diesel and Gas Oil) (Revocation) Order B 218
87. Direction by the Commissioner of Labour Confirming Variations of
Minimum Rates of Wages (Mining Undertakings) ... ... B 219
71. Customs (Prohibited Imports) Amendment) (No. 2) Order in Council B 195










,"- Subject. Page.

88. Wilkinson Road Area (First Development) Planning Order in
Council .. .. ... B 221
89. Fourah Bay College Ordinance (Amendment of.First Schedule)
Order in Council .. .. ... ... B 223
9i. lPu'ic Hlealth (Protectorate) (Health Areas) (Amendment No. 2)
Order in Council ... ... .. .. ... B 224
91. Immigration Restriction Rules ... ... .. ... B 225
92. Forestry (Bure-Makonte Protected Forest No. 1) Qrder in Council B 234
93. Defence (Prices of Goods) (No. 3) Order ... ... ... B 237
94. Carriage by Air (Parties to Convention) Order ... : ... ... B 241
95. Fugitive Criminals Surrender (Supplementary Arrangement with
Luxembourg) Order ... ... ... ... ... B 247
96. Prisons (New England Prison Camp) Order in Council ... ... B 249
97. Legislative Council Election Petition Rules ... ... ... B 250
98. Consular Conventions (Kingdom of Norway) Order in Council ... B 262
99. Defence (Motor Transportation of Goods Charges) (Revocation)
O rder .. ... ... ... ... ... B 263
1(I. Si weden (Extradition) (Termination) Order in Council ... ... B 2e4
101. Direction by the Commissioner of Labour Confirming Variations of
Mininum Rates of Wages (Maritime and Waterfront Under-
takings) ... ... ... ... ... ... B 266
102. Direction by the Commissioner of Labour Confirming Minimum
Rates of Wages (Maritime and Waterfront Undertakings) B 269
103. Delegation of Powers to Commissioner of Police .. B 271
104. Sierra Leone Colony Letters Patent. 1951 (Date of Operation)
Proclamation ... ... ... B 272
105. Sierra Leone Colony Letters Patent. 1951 (Cessation of Executive
Council) Proclamation ... ... ... ... B 273
106. Royal Instructions. 1951 (Cessation of Instructions of 1924 and 1929)
Proclamation .. ... B 274
107. St'ra L no I I Coumiir l (Order ii Con. cl) 1931. (Dale of Fir,-t
Sitting) Proclamationl .. ... ... ... l 275
108. Sierra Leone Protectorate Order in Council. 1951 (Date of Operation)
Proclamation ... ... .. .. .. ... B 276
109. Approved School Rules .. .. .. ... B 277
110. Rural Area (Third Schedule) (Amendment) Order in Council ... B 283
Ill. Delegation of Powers to Provincial Commissioners ... ... B 284
112. Delegation of Powers to Provincial Commissioners .. ... B 285
113. Direction by the Commissioner of Labour Confirming Minimumm
latcs o1 \\Vages (Maritime and Waterfront Undertakings) :... B 286
114. British Protected Persons Orders. 1934 to 1944 (Revocation) Order,
1949 ... .. B 288
115. West African Territories (Air Transport) (Amendment) Order in
Council ... ... ... ... B 290
1(i. louic Tax (Sherbro) Order in ( council ... .. ... ... B 292





























BERTHAN MACAULEY Q.c., M.A., LL.B.


Freetown


Sierra Leone


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SECTION
1.
2.


The Legislative Council (Elections)
Ordinance, 1951.
ARRANGEMENTS OF SECTIONS


PRELIMINARY

Short Title and commencement.
Interpretation. :
PART I-ELECTIONS IN THE COLONY.
Application of Part I.
Qualifications of electors.
Disqualification of electors.
Registers of electors.
Appointment of Registering, Returning and Presiding Officers.
Quarterly Returns by Registrar of Births and Deaths.
Notice to persons entitled to be electors.
Notice of claims.
Register of electors.
Omissions and Objections.
Revising Officers.
Revision of register.
Revising Officer's powers.
Appeals from Revising Officer's decision.
Making up register of electors.
Issue of writs of election.
Notice of issue of writs.
Nomination of candidates.
Publication of candidates' names,
Uncontested elections.
Contested elections.
Withdrawal of candidate.
Death of candidate.
Hours of poll.
Candidates' agents.
Procedure at polling stations.
Close of poll.
Transmission of ballot box to Returning Officer.
Counting of votes.
Declaration of poll.
Equality of votes.
Election return.
Publication of results


3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.







ii

36. Offences in respect of nomination papers, etc.
37. Infringement of secrecy.
38. Personation.
39. Treating.
40. Undue influence.
41. Bribery.
42. Disqualification for bribery, etc.
43. Penalty for certain illegal practices at elections.

PART II-ELECTIONS IN THE PROTECTORATE.
44. Application of Part II.
45. Writs of election.
46. Elections by Protectorate Assembly.
47. Elections by District Councils.
48. Undue influence.
49. Bribery.
50. Disqualification for bribery, etc.

PART III-ELECTION PETITIONS.
51. Application of Part III.
52. Presentation of election petition.
53. Trial of election petition.
54. Procedure at trial of election petition.
55. Corrupt practice.
56. Non-compliance with Ordinance.
Schedule.







In His Majesty's name
23rd day of June, 1951.


I assent to this Ordinance this


G. BERESFORD-STOOKE,
Governor.


(Ls)


No. I


1951


Colony of Sierra Leone


An Ordinance to Provide for the Registration
of Persons Entitled to Vote at Elections of
Members of the Legislative Council, and to
Regulate the Procedure at such Elections,
and for other purposes connected
therewith.
[ 1951.] Date of cor -
i.ilncement.
WHEREAS by an Order of His Majesty in His Privy Council
shortly entitled the Sierra Leone (Legislative Council) Order in
Council, 1951 bearing date the 9th day of April, 1951 (hereinafter
referred to as the Order in Council ") provision is made for the
constitution and powers of a Legislative Council for Sierra Leone.
AND WHEREAS section 2 of the Order in Council provides that
save as otherwise expressly provided in the Order in Council it shall
come into operation on a date to be appointed by the Governor
by Proclamation in the Gazette (which day is in the Order in Council
and hereinafter referred to as the appointed day "):
AND WHEREAS no such date has yet been appointed as aforesaid:








A2 No.1 Legislalive Council (Elec~'ion) 1951


AND WHEREAS section 32 of the Order in Council provides that
that section shall come into operation forthwith and further provides
that at any time before the appointed day provision may be made
by laws under the Sierra Leone (Legislative Council) Order in Council,
1924 and the Sierra Leone (Legislative Council) (Amendment)
Order in Council, 1939 (referred to in the Order in Council as the
existing Orders ") in respect of all or any of the matters specified in
section 31 of the Order in Council.
AND WHEREAS it is now expedient to make provision in respect
of the matters specified in the said section 31 of the Order in Council.
B E IT THEREFORE ENACTED by the Governor of Sierra Leone,
with ths advice and consent of the Legislative Council thereof,
as follows:-
PRELIMINARY.
Short Title 1. This Ordinance may be cited as the Legislative Council
and corn- (Elections) Ordinance, 1951, and shall come into operation on such
mncement. date as the Governor may by Order declare, and shall apply to the
Colony and Protectorate.
Interpret- 2. (1) In this Ordinance, unless the context otherwise requires:-
ation. "electoral district" means an electoral district created by
the Order in Council.
the Order in Council means the Sierra Leone (Legislative
Council) Order in Council, 1951.
(2) In this Ordinance save as aforesaid and unless the
context otherwise requires, all expressions shall have the same
respective meanings as in the Order in Council.
PART I
ELECTIONS IN THE COLONY.
Application 3. This Part shall apply to elections of Members of the Council
of Part I. to represent the Colony in accordance with the provisions of section 7
of the Order in Council.
Qualifica- 4. (1) Every male and female person shall be entitled to be
tions of registered as an elector in one electoral district and when registered
Electors. to vote at the election of Elected Members of the Council, who-
(a) is a British subject, or a British protected person; and
(b) is of the age of twenty-one years or upwards; and
(c) is domiciled in the Colony or has been ordinarily
resident for the twenty four months immediately pre-
ceding the date of registration in the electoral
district; and
(d) (i) has been, for the six months immediately preceding
the date of registration, the owner or occupier (jointly
or severally) of any house, warehouse, counting house,
shop, store or other building (in this Ordinance referred
to as qualifying property) in the electoral district
of which the annual value is not less than six pounds:
Provided that where any persons appear to be joint
occupiers of any qualifying property the names of such
persons shall be placed on the register of electors if
the annual value of such qualifying property divided
by the number of joint occupiers is not less than six
pounds: Provided further that in the case of the
Sherbro Electoral District and of electoral districts


Legislative Council (Election)


1951


A 2 No. 1'








in the Rural Area of the Colony this paragraph and the
proviso thereto shall be read as if the words five
pounds" were substituted for thewords "six pounds"
wherever they occur; or
(ii) is in receipt ofa yearly income of at least sixty pounds
a year.
(2) The annual value of any qualifying property in respect
of which any person shall claim to be registered as an elector shall
be determined in the first instance and until objection is made thereto
according to the amount at which such property is assessed for the
purposes of rates or house tax as the case may be, but when any
objection is made to such assessment or if the qualifying property
is not assessed for the above-named purposes then the annual
value thereof shall be proved to the satisfaction of the Registering
Officer for the electoral district in which the property is situated.
5. (1) No person shall be entitled to be registered as an elector Disqualifica-
in an electoral district or when registered to vote at the election of tion of
Elected Members of the Council, who- Electors.
(a) is unable to read and write and sign his name in English
or in any other language which the Governor
in Council may from time to time by Order prescribe;
(b) has been convicted of treason or felony for which he
has been sentenced to death or any term of imprison-
ment with hard labour, or exceeding twelve months
and has not either suffered the punishment to which
he was sentenced or such other punishment as may by
competent authority have been substituted therefore,
or received a free pardon;
(c) is a lunatic so found under any law for the time being
in force in Sierra Leone;
(d) is a member of a Tribal Authority or District Council
of the Protectorate.
(2) No person who has been retained or employed for
reward by or on behalf of a candidate at an election, for all or any
of the purposes of such election, as agent, clerk, messenger or in
any other capacity, shall be entitled to vote at such election.
6. For each electoral district separate registers of the persons Registers ol
entitled to vote for the election of Members to represent the electoral Electors.
districts as herein defined shall be prepared by the persons from time
to time appointed by the Governor to be the Registering Officers
for each electoral district, and shall be revised in the manner herein-
after provided.
7. (1) The Governor shall from time to time appoint some fit Appoint-
and proper persons to be (a) the Registering Officer and (b) the meant of
Returning Officer for each electoral district and may at any time Returning
cancel any such appointment, and Presid-
(2) Each Returning Officer may for each election appoint ing Officers.
such number of Presiding Officers as he may think fit and may at
any time cancel any such appointment.
(3) Every appointment or cancellation of any appointment
shall be notified by publication in the Gazette. Quarterly
8. On the tenth days respectively of April, July, October and Returns by
January in every year every Registrar of Births and Deaths whose Birth d and
district includes the whole or any part of an electoral district shall Deaths.


No. 1


Legislative Council (Election)


1951 A 3







A 4 No. 1 Legislative Council (Election) 1951

transmit to the Registering Officer of each electoral district, the whole
or any part of which is included in the district of the Registrar a
return certified by him under his hand and the official seal of his
office of the names, ages and residences of all persons of full age who
have died within his district during the three entire months previous
to the said months of April, July, October and January respectively.
Such return shall state the names of all such persons in full (where
the names are known) and the dates of their deaths and the names,
description and residences of the persons by whom information of
the deaths was given to the Registrar.
Notice to 9. (1) On a date to be declared by the Governor by Proclama-
persons
entitled to tion, in the year in which this Ordinance comes into force and on
be Electors. the first day of July annually thereafter, the Registering Officer
Form A. appointed for each electoral district shall publish a notice in the form
prescribed in the Schedule to this Ordinance in the Gazette and post
copies thereof on or near every church, chapel and police station
in such electoral district.
(2) Such notice shall require, within fifteen days of the
publication thereof in the Gazette, every person who claims to be
entitled to be registered as an elector to deliver to the Registering
Officer notice of his claim to be so registered.
Notice of 10. (1) Within the period of fifteen days mentioned in the last
preceding section, every person who desires and is entitled to be
Form B. registered as an elector shall deliver or cause to be delivered to the
Registering Officer a notice in the form prescribed in the Schedule
to this Ordinance of his claim to be registered as an elector and shall
produce such evidence as may be necessary to establish his claim to
be so registered:
Provided that no person whose name is upon the register
of electors shall be required thereafter to make any such claim as
aforesaid so long as he retains the same qualification.
(2) Any person who is qualified as an elector in more than
one electoral district may elect in which electoral district he shall be
registered. No person shall be registered as an elector in more
than one electoral district, or more than once in any one electoral
district.
(3) The Registering Officer shall examine the qualifications
in respect of which such claim is made and shall receive such evidence
as may be necessary to prove to his satisfaction that the claimant
possesses the qualifications in respect of which he claims to be
registered as an elector.
(4) In any case where the Registering Officer is satisfied
that the claimant possesses the necessary qualifications, he shall
register the claimant in the manner hereinafter provided, otherwise
he shall disallow the claim.
(5) When the Registering Officer is satisfied that any
person is qualified to be registered, he may register such person,
notwithstanding that such person has made no claim to be registered.
(6) The Registering Officer shall annually in the month
in which the notice is published in accordance with the provisions
of the last preceding section, ascertain whether any of the persons
registered as electors in the last register made up as hereinafter


_ ____ _







No. 1 Legislative Council (Election) 1951 A 5

provided, have ceased to retain the qualifications in respect of which
they were registered, or whether any of them are dead; and he shall
write the words Objected to in red ink against the name of every
person who, he has cause to believe, has ceased to retain the qualifica-
tions in respect of which he was registered and shall write the word
Dead in red ink against the name of every person whose name
occurs in any return transmitted to him in accordance with the
provision of Section 8 or who the Registering Officer otherwise has
cause to believe is dead.
11. (1) The Registering Officer shall within the space of fifteen Register of
days from the last day upon which any notice of claim as provided Electors.
in the last preceding section is allowed to be made, make out an
alphabetical register in the form prescribed in the Schedule to this Form C.
Ordinance of all persons who in his opinion are entitled to be
registered as electors in the electoral district and shall date and sign
such register.
(2) The Registering Officer shall within the said period of
fifteen days cause a notification to be published in the Gazette and
posted on or near every church, chapel and police station in the
electoral district that the register or a copy thereof is open for
inspection for a period of ten days at all reasonable hours of the
day at such place as shall be specified in the notice.
12. (1) Every person whose name has been omitted from any Omissions
such register of electors and who claims to have his name inserted and Objec-
therein shall, within ten days of the date of publication in accordance tions.
with the provisions of the last preceding section, give notice in writing
to the Registering Officer in the form prescribed in the Schedule to Form D,
this Ordinance.
(2) Every person whose name appears in any such register
may object to any other person whose name also appears therein
as not being entitled to have his name therein, and shall within ten
days after such publication give notice in the forms respectively and F.
prescribed in the Schedule to this Ordinance to the Registering
Officer and to the person objected to. For the purpose of giving
notice to the person objected to it shall be sufficient to leave a copy
of such notice at his usual or last known place of abode.
(3) Within seven days of the expiration of the said period
of ten days, the Registering Officer shall prepare and publish a list
of all such claims and objections and the names of the persons
(herein after respectively referred to as "claimants and objectors")
who have made the same.
13. (1) The Governor shall appoint such persons as he may think Revising
fit as Revising Officers for the purposes of revising the register of Officers.
electors in each electoral district, and may at any time cancel any
such appointment.
(2) An open court shall be held annually in each electoral
district for the purpose of revising the register of electors of such
district by and before a Revising Officer.
(3) The court shall be held on such day being within
fourteen days after the publication of the list of claims and objections,
as may be fixed by the Revising Officer, and six days' notice of the
holding of the court and of the place at which it is to be held shall
be given in the Gazette and by posting such notice on or near every
church, chapel and police station in the electoral district.







A 6 No. 1 Legislative Council (Election) 1951

Revision of 14. (1) The Registering Officer shall deliver or cause to be
Register. delivered to the Revising Officer before the holding of the said court
the register of electors made out by him as aforesaid and the list of
persons claiming to be registered as electors or objected to as such.
(2) The Revising Officer shall go through the list of
persons and shall insert in the register the name of every claimant who
if proved to his satisfaction to be entitled to have his name inserted
therein, and shall strike out of the register the name of every person
who upon the application of the objector or some person qualified
to appear for him is proved to the satisfaction of the Revising Officer
to be disentitled to have his name retained in the register.
(3) If the objector appears neither in person nor by counsel,
nor by some elector duly authorised by him in that behalf, the
objection shall be overruled and the name of the person objected to
shall be retained in the register.
(4) The Revising Officer holding a court under this Ordi-
nance shall have power to adjourn the same to such time and as
often as may be necessary and shall have the same powers for the
keeping of order in his court and for securing the attendance of and
administering oaths to witnesses as are given to a magistrate.
(5) The Revising Officer shall in open court determine
all claims and objections, and shall write his initials against any
name struck out of a list or inserted therein, and against any mistake
or omission corrected, and shall sign his name to every page of the
register when it is finally settled.
Costs. (6) If the Revising Officer is of the opinion that the claim
or objection of any person is without foundation or is frivolous,
he may order such person to pay the actual costs of the enquiry in-
cluding the cost of witnesses, and such costs shall be recoverable by
the Registering Officer in a suit before any Court of competent
jurisdiction.
Revising 15. The Revising Officer shall have the following powers in
Officer's addition to any other powers given him under this Ordinance:-
powers. (a) to expunge from the register of electors the name of
every person who is proved to be dead;
(b) to correct any apparent errors or mistakes;
(c) on the written application of any person whose name
appears in the register of electors, to change the original
name, place of abode, address or qualification of such
person to an altered name, place of abode, address or
qualification;
(d) to re-instate the name of any person in the register
struck out by mistake or to insert therein the name of
any person inadvertently omitted from the register.
Provided that notice of his intention to re-instate or
or re-insert the name of any such person as the case
may be shall be posted for three days outside the said
court.
(2) Any person whose name appears in the register of elec-
tors may oppose the claim of any person, whose name has been
struck out or omitted as aforesaid, to have his name re-inserted or
inserted in the register of electors; and any such person intending


____







Legislative Council (Election)


to oppose any such claim shall before the hearing of the-said claim
give notice in writing to the Revising Officer and the claimant of
his intention to oppose the said claim, and thereupon be admitted
to oppose the same by evidence or otherwise as the Revising Officer
shall think fit. The objection shall be heard and determined in
the same manner as objections which are disposed of under the
provisions of sub-section (2) of the last preceding section.
16. (1) Any person whose claim to have his name inserted Appeals
in the register of electors has been disallowed, or who has made any from Revis-
objection to any other person as not being entitled to have his name eisicer'o
inserted in the said register, or whose name has been expunged
from the said register, and who is dissatisfied with any decision of
the Revising Officer on any point of law or facts material to the result
of the case may, either in person or by some person on his behalf,
give to the Revising Officer within two days after the decision was
given, a notice in writing of his desire to appeal to the Supreme
Court and such notice shall contain a short statement of the decision
against which he desires to appeal.
(2) The Revising Officer shall thereupon state in writing
the facts which in his judgement shall have been established by the
evidence in the case and which shall be material to the matter in
question, and of his decision upon the whole case, and also his deci-
sion upon any point of law appealed against ,and shall sign and date
the same.
(3) The Revising Officer shall indorse on the case so
stated as aforesaid the name of the electoral district to which
the same relates and the respective full name and place of
abode of the appellant and of the respondent (if any); he shall
transmit the case as indorsed together with the notice of the appellant
to the Registrar of the Supreme Court, and also deliver a copy
of the case so indorsed to the appellant and respondent (if any) in
the appeal if either requires the same.
(4) The Registrar of the Supreme Court upon receiving
a case stated as aforesaid from the Revising Officer shall file the same
in Court and shall forthwith set down the appeal for hearing in the
summary jurisdiction of the said Court. The Registrar shall give
seven clear days notice of the date of the hearing of the appeal to
the appellant and respondent.
(5) Every judgement or decision of the Supreme Court
shall be final and conclusive.
(6) When the Supreme Court has determined an appeal
the Registrar of the said Court shall forward forthwith to the Revis-
ing Officer a statement under his hand of the decision of the Court.
Whenever by any decision of the said Court any decision of the
Revising Officer is reversed or altered so as to require an alteration
or correction in the register of electors, the Revising Officer shall
forthwith alter or correct the said register accordingly and shall
sign his name against every such alteration or correction.
(7) The Supreme Court may make such order as to the Costs.
payment of the costs of any appeal, either in part or in proportion
or by way of contribution amongst the parties interested as to the
Court seems just.


No. 1


1951 A 7







TAk8 No. 1 Legislative Council (Election)i 1951
Provided that the Court shall not in any case make an
order for costs against or in favour of any respondent unless he
appears before the Court in support of the decision of the Revising
Officer which is in question.
Making up 17. (1) The register of electors, when finally settled and signed
R 3gister of as aforesaid, shall be delivered or transmitted by the Revising Officer
Electors. to the Registering Officer who shall keep the same, and shall cause
the names in such register to be fairly and truly recorded in alphabe-
tical order in a book to be by him provided for that purpose,
with every name therein numbered, beginning the numbers from the
first name and continuing them in a regular series to the last name,
and shall cause such recording to be completed within fifteen days
after the delivering to him of such revised register by the Revising
Officer.
(2) The book in which such revised register is copied shall
be the register of electors for the electoral district for which it has
been prepared and shall be valid and effectual for the purposes of
all elections in such electoral district for a period of twelve months
from the date on which it is finally settled by the Revising Officer.
Provided that on the final settlement of a register as afore-
said it shall forthwith become valid and effectual for all purposes in
place of the previous register notwithstanding that such period of
twelve months has not yet expired.
Provided further that if for any reason the Registering
Officer fails to compile a fresh register for his electoral district, the
register in force at the time when the fresh register should have come
into force shall continue to operate as the register for the electoral
district.

Issue of 18. (1) For the purposes of every general election of Members
Writs of 6f the Council, and for the purposes of the election of Members to
Election. fill vacancies caused by death, resignation or otherwise, the Governor
shall issue writs under the Public Seal of Sierra Leone addressed to
the Returning Officers of the respective electoral districts for which
Members are to be returned.
Form G. (2) Every such writ shall be in the form prescribed in the
Schedule to this Ordinance and shall specify the day and place of
nomination of the candidates, the day on which, if necessary, the
poll shall be taken, being not less than fifteen or not more than
thirty days thereafter, and the day on which such writ is returnable
to the Governor.
(3) Upon receipt of such writ each Returning Officer shall
proceed to hold the election in the manner hereinafter prescribed.
Notice of 19. IOn the Governor issuing a writ, the Returning Officer
issue of shall give notice thereof, and of the day and place fixed for the nomi-
Writs. nation of candidates by publication in the Gazette at least ten clear
days before the day fixed for such nomination and he shall give
further notice of the issue of such writ and of the day and place
: fixed for the nomination of candidates by causing notices to be posted
on or near every church, chapel and police station in the electoral
district.







Legislative Council (Election)


20. (1) Nomination papers in the form prescribed in the Nomination
Schedule to this Ordinance shall be provided by the Returning Officer. of candi-
dates.
(2) On the date and at the place appointed for the receipt
of nominations, the Returning Officer shall attend between the hours Form H.
of eight o'clock in the forenoon and four o'clock in the afternoon
and receive the nomination of any duly qualified candidate for any
vacancy to be filled.
(3) Every candidate for election shall be nominated in
writing on a separate nomination paper.
(4) The nomination paper shall be subscribed by two
registered electors of the electoral district as proposer and seconder,
and by four other registered electors of the electoral district as
supporting the nomination and signed by the candidate as assenting
thereto. When a person subscribes more than one nomination
paper his subscription shall be inoperative in the cases of all but the
one which is first delivered.
(5) Every candidate at the time when his nomination paper
is delivered to the returning officer shall deposit or shall cause to be
deposited with the returning officer the sum of twenty-five pounds
and no nomination paper shall be valid until such deposit has been
made.
(6) The deposit made under the last preceding sub-section
shall be returned to the candidate if-
(a) he withdraws his nomination; or
(b) there is no contested election; or
(c) in a contested election he obtains votes equivalent to
not less than one-tenth of the total number of votes cast.
In all other events the deposit shall be forfeited to His Majesty.
21. The Returning Officer shall, on receipt of the nomination Publication
paper, forthwith publish notice of the names of the candidate and of candi-
registered electors nominating him by placarding such names in dates'
a conspicuous position at the place of receipt of the nomination, names.
22. If at four o'clock in the afternoon only one candidate has Uncontested
been nominated for the seat to be filled, the Returning Officer shall Elections.
publicly declare that candidate to be duly elected, and shall forthwith
certify by endorsement on the writ of election the return of such
candidate and transmit the writ so indorsed to the Colonial Secretary.
23. (1) If there shall be more than one candidate duly nomin- Contested
ated a poll of electors shall be taken, and in such case the Returning Elections.
Officer shall adjourn the election to the day specified in the writ,
and a poll shall be taken on such day in the manner hereinafter
provided.
(2) The Returning Officer shall as soon as practicable
after adjourning the election cause to be published in the Gazette,
and to be posted on or near every church, chapel and police station
in the electoral district, a notice specifying:-
(a) the date on which the poll will be taken;
(b) the names of the candidates as described in their
respective nomination papers and the names of the
persons nominating them; and
(c) the places at which the poll will be taken.
24. If any nominated candidate withdraws his candidature Withdrawal
between the date of nomination and the date of the election leaving of Candi-
only one nominated candidate for the seat to be filled the Returning dates.


1951 A 9


No. 1







A10 No. ICu


Officer shall declare the sole remaining candidate to be duly elected,
and shall forthwith certify by endorsement on the writ of election
the return of such candidate and transmit the writ so indorsed to
the Colonial Secretary.
Death of 25. (1) If after the adjournment of the election one of the
Candidate. candidates nominated shall die before the poll has commenced,
the Returning Officer shall, upon being satisfied of the fact of such
death, countermand the notice for the poll and shall forthwith
return the writ of election to the Colonial Secretary with an indorse-
ment certifying the reason therefore.
(2) In such case the Governor shall issue a fresh writ of
election and all proceedings with reference to the election shall
be commenced afresh, provided that no fresh nomination shall be
necessary in the case of a candidate who stood nominated at the
time of the countermanding of the poll.
Hours of 26. Unless the Governor by notification in the Gazette appoints
poll. any other hours, the poll shall be open from eight o'clock in the fore-
noon until noon and from one o'clock until five o'clock in the
afternoon of the same day.
Candidates' 27. The candidates nominated may, respectively, by writing
agents, one day at least before the day fixed for the taking of a poll, appoint
agents to attend at the taking thereof and the counting of the votes.
Procedure 28. (1) The Presiding Officer shall keep order in the polling
at Polling station and shall regulate the number of electors to be admitted at
Stations. a time, and shall exclude all other persons, except the clerks, the
agents of the candidates and the constables on duty.
(2) Every elector desiring to record his vote shall present
himself to the Presiding Officer or one of his authorised assistants,
who shall satisfy himself that the name of such elector appears on
the register of electors.
(3) The Presiding Officer shall refuse to allow an elector to
vote at his polling station if:-
(a) there is another polling station nearer to the place
of abode of the elector as given in the register of elec-
tors; and
(b) the elector does not give a satisfactory explanation for
wishing to vote at such Presiding Officer's polling station.
(4) Before delivering a ballot paper to any person offering
himself to vote, the Presiding Officer or his assistant may put to
such person the following questions or either of them:-
(a) Are you the person whose name is on the register of
electors?
(read the whole entry from the register).
(b) Have you already voted at the present election (add in
case of an election for more than one electoral district)
in this or in any other electoral district?
(5) The vote of a person required to answer either of these
questions shall not be received until he has answered it and his
answer satisfies the Presiding Officer or his assistant of his right to
vote.
(6) If any person wilfully makes a false answer thereto
he shall be guilty of an offence, and shall on summary conviction
be liable to a fine not exceeding twenty-five pounds.


1951


Legislative Council (Eleation)


A 10 No. 1


J









(7) Save as hereinbefore authorised, no enquiry shall be
permitted at an election as to the right of any person to vote.
(8) When the questions set out in sub-section (4) of this
section have been answered to the satisfaction of the Presiding
Officer or his assistant, as the case may be, he shall deliver a ballot
paper to the elector.
(9) The elector shall record his vote by putting a cross on
the ballot paper against the name of the candidate for whom he
wishes to vote, but he shall not vote for more than one candidate.
He shall then place his ballot paper in the ballot box provided for
the purpose.
29. At five o'clock, or such later hour as the Governor may Close of
from time to time determine, in the afternoon of the day of election, Poll.
the Presiding Officer shall close the polling station and shall cease
to receive any votes.
30. At the close of the poll the Presiding Officer shall, with as Transmis-
much despatch as possible, transmit to the Returning Officer the sion of
ballot box sealed with his own seal, and with the seals of the agents ballot box
to Returing
of any candidates who may desire to affix their seals thereto. Officer.
31. (1) On the receipt of the ballot box, the Returning Officer counting of
shall break the seals thereon, and shall examine and count the votes. Votes.
(2) The Returning Officer shall make arrangements for
counting the votes in the presence of the candidates and of their
agents as soon as practicable after the receipt of the ballot box,
and shall give to the candidates or such agents appointed to attend
at the counting of the votes notice in writing of the time at which he
will begin to count the same.
(3) The Returning Officer, his assistants and clerks, and
the candidates and their agents, and no other person may be present
at the counting of the votes.
(4) The Returning Officer shall, so far as practicable,
proceed continuously with counting the votes, allowing only time for
refreshment and excluding (except as he and the candidates or their
agents otherwise agree) the hours between six o'clock at night and
nine o'clock in the succeeding morning. During the excluded time
the Returning Officer shall place the ballot papers and other docu-
ments relating to the election under his own seal and the seals of
such candidates or agents as desire to affix their seals, and shall
otherwise take proper precautions for the security of such papers
and documents.
(5) The Returning Officer shall indorse rejected upon
any ballot paper which he may reject as invalid, and shall add to the
endorsement rejection objected to if an objection be in fact
made by any candidate or agent to his decision. The Returning
Officer shall report to the Colonial Secretary the number of ballot
papers rejected and not counted by him under the several heads of:-
(a) voting for more than one candidate; or
(b) unmarked, or void for uncertainty; or
(c) absence of official number or mark;
and shall on request allow any candidate or agent ,before such
report is sent, to copy it.
32. When the counting of the votes has been completed, the Declaration
Returning Officer shall forthwith declare the candidate to whom of Poll.
the greatest number of votes is given to be elected;


No. 1


Legislative Council (Election)


1951 A 11









Provided that upon the application of any candidate or
his agent a recount shall be made before the Returning Officer makes
the declaration.
Equality of 33. When an equality of votes is found to exist between any
votes, candidates and the addition of a vote entitles any of them to be
declared elected, the declaration of the candidate to whom such
one additional vote shall be deemed to have been given shall be made
by lot in the presence of the Returning Officer in such manner as he
shall determine.
Election 34. On the completion of the counting and after the result of
Return. the poll has been declared by him, the Returning Officer shall forth-
with-
(a) seal up the voting papers and all other documents
relating to the election, including all forms whether
used or unused, and deliver them personally or trans-
mit them by registered post to the Colonial Secretary;
(b) certify by endorsement on the writ of election the result
of the election and transmit the writ so endorsed to
the Colonial Secretary;
(c) send the Colonial Secretary a report on the election.
Publication 35. The Colonial Secretary shall-
of Results. (a) forthwith publish the result of the election in the
Gazette; and
Custody of (b) retain the voting papers and other documents trans-
voting mitted to him under seal by the Returning Officer for
papers, etc. a period of six months on the expiration of which period
he shall destroy such of them as are not required for
the investigation or trial of any election petition or
offence.
Offences in 36. (1) Every person who-
respect of (a) forges or fraudulently defaces or fraudulently destroys
nomination
papers, ete any nomination paper, or delivers to the Returning
Officer any nomination paper knowing the same to
be forged; or
(b) forges or counterfeits or fraudulently defaces or
fraudulently destroys any ballot paper or the official
mark on any ballot paper; or
(c) without due authority supplies any ballot paper to
any person; or
(d) fraudulently puts into any ballot box any paper other
than the ballot paper which he is authorised by law to
put in; or
(P) fraudulently takes out of the polling station any ballot
paper; or
(f) without due authority destroys, takes, opens or other-
wise interferes with any ballot box or packet of ballot
papers then in use for the purpose of the election;
shall be guilty of an offence, and be liable on summary conviction
to imprisonment with or without hard labour for any term not
exceeding six months.
(2) Any attempt to commit an offence specified in this
section shall be punishable in the manner in which the offence itself
is punishable.


A 12 No. 1


Legislative Council (Election)









(3) In any prosecution for an offence in relation to the
nomination papers, ballot boxes, ballot papers, marking instruments
and other things in use at an election, the property in such papers,
boxes, instruments and things may be stated to be in the Returning
Officer at such election, as well as the counterfoils.
37. (1) Every officer, clerk, and agent in attendance at a polling tInfin
station shall maintain, and aid in maintaining, the secrecy of the Secrecy.
voting in such station and shall not communicate, except for some
purpose authorised by law, before the poll is closed, to any person
any information as to the name or number on the register of electors
of any elector who has or has not applied for a ballot paper or voted
at that station, or as to the official mark.
(2) No such officer, clerk, or agent, and no person who-
soever shall interfere with or attempt to interfere with an elector
when marking his vote, or otherwise attempt to obtain in the polling
station information as to the candidate for whom any elector in
such station is about to vote or has voted, or communicate at any
time to any person any information obtained in a polling station
as to the candidate for whom any elector in such station is about
to vote or has voted, or as to the number on the back of the ballot
paper given to any elector at such station.
(3) Every officer, clerk, and agent in attendance at the
counting of the votes shall maintain and aid in maintaining the
secrecy of the voting, and shall not attempt to ascertain at such
counting the number on the back of any ballot paper, or communi-
cate any information obtained at such counting as to the candidate
for whom any vote is given in any particular ballot paper.
(4) No person shall directly, or indirectly, induce any elec-
tor to display his ballot paper after he has marked it, so as to make
known to any person the name of the candidate for whom or against
whose name he has so marked his vote.
(5) Every person who acts in contravention of the provisions
of this section shall be liable on summary conviction to imprison-
ment with or without hard labour, for any term not exceeding six
months.
38. Any person who at an election held under this Ordinance Personatiot
applies for a ballot paper in the name of some other person, whether
that name be that of a person living or dead or of a fictitious person,
or who, having voted once at any such election, applies at the same
election for a ballot paper in his own name, shall be guilty of the
offence of personation, and every person so guilty or who is guilty
of the offence of aiding, abetting, counselling, or procuring the
offence of personation shall be liable, on summary conviction,
to imprisonment, with or without hard labour, for any term not
exceeding six months.
39. (1) Any person who corruptly by himself or by any other Treating,
person, either before, during or after an election held under this
Ordinance, directly or indirectly, gives or provides, or pays wholly
or in part the expense of gaining or providing any meat, drink, enter-
tainment, or provision to or for any person, for the purpose of
corruptly influencing that person, or any other person to give or
refrain from giving his vote at such election, or on account of such


No. 1


Legislative Council (Election)


19,51 A, 13










person or any other person having voted or refrained from voting,
or being about to vote or refrain from voting, at such election, shall
be guilty of the offence of treating, and shall be liable, on summary
conviction, to a fine not exceeding twenty-five pounds.
(2) Every elector who corruptly accepts or takes any such
meat, drink, entertainment, or provision, shall also be guilty of the
offence of treating, and shall be liable, on summary conviction, to
the penalty in this section specified.
Undue 40. Every person who, directly or indirectly, by himself or
Influence. by any other person on his behalf, makes use of or threatens to make
use of any force, violence or restraint or inflicts or threatens to in-
flict, by himself or any other person, any temporal or spiritual
injury, damage, harm'or loss upon or against any person in order
to induce or compel such person-to vote or refrain from voting,
or on account of such person having voted or refrained from voting
at any election held under this Ordinance, or who by abduction,
duress, or any fraudulent device or contrivance impedes or prevents
the free exercise of the franchise of an elector or thereby compels,
induces or prevails upon any elector, either to give or refrain frqm
giving his vote at any such election, shall be guilty of the offence
of undue influence, and shall be liable, on summary conviction, to
a fine not exceeding twenty-five pounds.
Bribery. 41. (1) The following persons shall be deemed guilty of the
offence of bribery, and shall be liable on summary conviction to
a fine not exceeding twenty-five pounds:-
(a) every person who, directly or indirectly, by himself
or any other person on his behalf gives, lends or agrees
to give or lend, or offers, promises, or promises to pro,
cure or to endeavour to procure, any money or valuable
consideration to or for any elector, or to or for any
person on behalf of any elector, or to or for any other
person, in order to induce any elector to vote or re,
frain from voting, or corruptly does any such act as
aforesaid on account of such elector having voted or
refrained from voting at any election to which this
Part applies;
(b) every person who, directly or indirectly, by himself
or by any other person on his behalf, gives or procures,
or agrees to give or procure, or offers, promises, or
promises to procure or to endeavour to procure, any
office, place, or employment to or for any elector or
to or for any person on behalf of any elector, or to or
for any other person, in order to induce such elector
to vote or refrain from voting, or corruptly does any
such act as aforesaid on account of any elector having
voted or refrained from voting at any election to which
this Part applies;
(c) every person who, directly or indirectly, by himself
or by any'other person on his behalf, makes any such
gift, loan, offer, promise, procurement, or agreement
as aforesaid to or for any person in order to induce
such person to procure or endeavour to procure the


A 14 No. 1


Legislative Council (Eleation)







Legislative Council (Election)


return ofany person as an Elected Member of the Coun-
cil, or the vote of any elector at any election to which
this Part applies;
(d) every person who, upon or in consequence of any such
gift, loan, offer, promise, procurement, or agreement,
procures or engages, promises or endeavours to pro-
cure, the return of any person as an Elected Member
of the Council, or the vote of any elector at any election
to which this Part applies;
(e) every person who advances or pays or causes to be
paid any money to or for the use of any other person,
with the intent that such money or any part thereof shall
be expended in bribery at any election to which this
Part applies, or who shall knowingly pay or cause to be
paid any money to any person in discharge or repay-
ment of any money wholly or in part expended in
bribery at any such election:
Provided always that the provisions of this section shall not extend
or be construed to extend to any money paid or agreed to be paid
for or on account of any legal expenses bona fide occurred at or
concerning any election.
(2) The following persons shall be deemed guilty of the
offence of bribery, and shall be liable on summary conviction to
the penalty specified in this section-
(a) every elector who, before or during any election to
which this Part applies, directly or indirectly, by him-
self or by any other person on his behalf, receives,
agrees, or contracts for any money, gift, loan or valuable
consideration, office, place or employment, for himself
or for any other person, for voting or agreeing to vote or
for refraining or agreeing to refrain from voting at any
such election:
(b) every person who, after any election to which this
Part applies, directly or indirectly, by himself or by any
other person on his behalf, receives any money or valu-
able consideration on account of any person having
voted or refrained from voting or having induced any
other person to vote or refrain from voting at any such
election.
42. Every person who is convicted of bribery, treating, undue isqulifica
influence or personation, or of aiding, counselling or procuring the Bribery, etc.
commission of the offence of personation shall, (in addition to any
other punishment) be incapable during a period of seven years
from the date of his conviction,
(1) of being registered as an elector, or voting at any
election of a Member of the Council;
(2) of being elected a Member of the Council or, if elected
before his conviction, of retaining his seat as such
Member.
43. Every person who-
(1) votes, or induces or procures any person to vote at any Penalty for
election, knowing that he or such other person is pro- illegal prac-
hibited by this Ordinance, or by any law, from voting tices at
at such election; elections.


No. 1


1951 A 15









(2) before or during an election knowingly publishes a
false statement of the withdrawal of a candidate at
such election for the purpose of promoting or procuring
the election of another candidate;
shall be guilty of an illegal practice, and shall on summary conviction
thereof, be liable to a fine not exceeding fifty pounds and be incapable
during a period of five years from the date of his conviction, of being
registered as an elector, or voting at any election of a Member of the
Council for the electoral district in which the illegal practice was
committed.
PART IT
ELECTIONS IN THE PROTECTORATE.
Application 44. This Part shall apply to elections of Members of the
of Part II. Council by the Protectorate Assembly and District Councils of the
Protectorate.
Writs of 45. (1) For the purposes of every general election of Members
Election. of the Council, and for the purposes of the election of Members
to fill vacancies caused by death, resignation or otherwise, the
Governor shall issue writs under the Public Seal of Sierra Leone,
addressed-
(a) to the Chief Commissioner for the Protectorate in the
case of a Member of the Council to be elected by Mem-
bers of the Protectorate Assembly; and
(b) to the District Commissioner of the district in the case
of a Member of the Council to be elected by a District
Council,
authorising and requiring him to convene a meeting of the Protec-
torate Assembly or the District Council as the case may be for the
purpose aforesaid.
(2) Any provision in the District Councils Ordinance, 1950
to the contrary notwithstanding, the District Commissioner of a
district shall have power to convene and shall convene a meeting
of the District Council of the district when required so to do by any
writ issued under the provision of this section.
Form J. (3) Every such writ shall be in the form prescribed in the
Schedule to this Ordinance and shall specify the day on which such
writ is returnable to the Governor.
Elections by 46. (1) Every election of a Member of the Council by re-
Protectorate solution of the Unofficial Members of the Protectorate Assembly
Assembly. shall be held in accordance with the procedure ordinarily followed
in such Assembly in so far as such procedure is not inconsistent
with this Ordinance and the Order in Council: Provided that the
voting and the taking or counting of votes on any such resolution
shall be conducted in such a manner as to ensure secrecy in respect
of the individual votes cast.
(2) The person presiding at a meeting of the Protectorate
Assembly at which a Member of the Council is elected by resolution
of the Unofficial Members of the Protectorate Assembly shall certify
by endorsement on the writ of election the terms of such resolution
and transmit the writ so indorsed to the Colonial Secretary together
with a report of the proceedings of the Protectorate Assembly
relating to the election.


A 16 No. 1


Legislative Council (Election)i







No. 1 Legislative Council (Election) 1951 A 17

(3) The Colonial Secretary shall forthwith publish the result
of the election in the Gazette.
47. (1) Every election of a Member of the Council by a Elections by
District Council of the Protectorate shall be held in accordance with District
the procedure ordinarily followed in such District Council in so Councils.
far as such procedure is not inconsistent with this Ordinance and the
Order in Council: Provided that the voting and the taking or
counting of votes in any such election shall be conducted in such a
manner as to ensure secrecy in respect of the individual votes cast.
(2) The person presiding at a meeting of a District Council
at which a Member of the Council is elected shall certify by indorse-
ment on the writ of election the result of the election and transmit
the writ so indorsed to the Colonial Secretary together with a report
of the proceedings of the District Council relating to the election.
(3) The Colonial Secretary shall forthwith publish the
result of the election in the Gazette.
48. (1) Every person who, directly or indirectly, by himself Undue
or by any other person on his behalf, makes use of or threatens to Influence.
make use of any force, violence, or restraint or inflicts or threatens
to inflict, by himself or any other person, any temporal or spiritual
injury, damage, harm or loss upon or against any person in order
to induce or compel such person to vote or refrain from voting, or
on account of such person having voted or refrained from voting
at any election held under this Ordinance, or who by abduction,
duress, or any fraudulent device or contrivance impedes or prevents
the free exercise of the franchise of an elector or thereby compels,
induces or prevails upon any elector, either to give or refrain from
giving his vote at any such election, shall be guilty of the offence
of undue influence, and shall be liable on summary conviction to
a fine not exceeding twenty-five pounds.
(2) In this section the expression elector "
(a) in relation to an election of a Member of the Council
by the Protectorate Assembly means a member of such
Assembly entitled to vote at such election; and
(b) in relation to an election of a MIember of the Council
by a District Council means a member of such District
Council.
49. (1) The following persons shall be deemed guilty of the Bribery.
offence of bribery, and shall be liable on summary conviction to
a fine not exceeding twenty-five pounds-
(a) every person who, directly or indirectly, by himself
or any other person on his behalf, gives, lends or agrees
to give or lend, or offers, promises, or promises to pro-
cure or to endeavour to procure, any money or valuable
consideration to or for any elector, or to or for any
person on behalf of any elector, or to or for any other
person, in order to induce any elector to vote or refrain
from voting or corruptly does any such act as aforesaid
on account of such elector having voted or refrained
from voting at any election to which this Part applies;
(b) every person who, directly or indirectly by himself
or by any other person on his behalf, gives or procures,
or agrees to give or procure, or offers, promises or
promises to procure or to endeavour to procure, any









office, place or employment to or for any elector or to
or for any person on behalf of any elector, or to or
for any other person, in order to induce such elector
to vote or refrain from voting, or corruptly does any
such act as aforesaid on account of any elector having
voted or refrained from voting at any election to which
this Part applies;
(c) every person who, directly or indirectly, by himself
or by any other person on his behalf, makes any such
gift, loan, offer, promise, procurement or agreement
as aforesaid to or for any person in order to induce such
person to procure or endeavour to procure the return
of any person as an Elected Member of the Council or
the vote of any elector at any election to which this
Part applies;
(d) every person who, upon or in consequence of any such
gift, loan, offer, promise, procurement or agreement,
procures or engages, promises or endeavours to procure,
the return of any person as an Elected Member of the
Council, or the vote of any elector at any election to
which this Part applies;
(e) every person who advances or pays or causes to be paid
any money to or for the use of any other person, with
the intent that such money or any part thereof shall
be expended in bribery at any election to which this
Part applies or who shall knowingly pay or cause to
be paid any money to any person in discharge or re-
payment of any money wholly or in part expended in
bribery at any such election.
(2) The following persons shall also be deemed guilty of
the offence of bribery, and shall be liable on summary conviction
to the penalty specified in this section-
(a) every elector who before or during any election to
to which this Part applies, directly or indirectly, by
himself or by any other person on his behalf, receives,
agrees, or contracts for any money, gift, loan or valuable
consideration, office, place or employment, for himself
or for any other person, for voting or agreeing to vote or
for refraining or agreeing to refrain from voting at any
such election;
(b) every person who, after any election to which this
Part applies, directly or indirectly, by himself or by any
other person on his behalf, receives any money or valu-
able consideration on account of any person having
voted or refrained from voting or having induced any
person to vote or refrain from voting at any such election.
(3) In this section the expression elector "-
(a) in relation to an election of a Member of the Council
by the Protectorate Assembly means a member of such
Assembly entitled to vote at such election, and
(b) in relation to an election of a Member of the Council
by a District Council means a member of such District
Council.


1951


A 18 No. 1


Legislative Council (Election)









50. Every person who is convicted of undue influence or bribery Disqualifica-
shall (in addition to any other punishment) be incapable during a tio for
period of seven yearsfrom the date of his conviction of being elected Bribery, etc.
a Member of the Council or, if elected before his conviction, of
retaining his seat as such Member.

PART III
ELECTION PETITIONS.
51. Save where otherwise expressly provided, this Part shall Application
apply to all elections of Members of the Council. of Part III.
52. A petition complaining of an undue return or undue Presentation
election of a Member of the Council (in this Ordinance called an of Election
"election petition ") may, at any time within fifteen days of the Petition
publication of the result of such election in the Gazette, be presented
to the Supreme Court of the Colony by any one or more of the
following persons, that is to say:-
(1) some person who voted or had a right to vote at the
election to which the petition relates; or
(2) some person who claims to have had a right to be
returned or elected at such election; or
(3) some person who alleges himself to have been a candi-
date at such election.
53. (1) Every election petition shall be tried by a Judge of the Trial of
Supreme Court in open Court. election
petition.
(2) At the conclusion of the trial, the Judge shall determine
whether the Member of the Council whose return or election is
complained of, or any other and what person was duly returned or
elected, or whether the election was void, and shall certify such
determination to the Governor, and upon such certificate being given,
such determination shall be final; and the return shall be confirmed
or altered, or a new election shall be held, as the case may require,
in accordance with such certificate.
(3) The Governor shall declare by notification in the
Gazette whether the candidate whose return or election is questioned
or any or what other person, is duly returned or elected, or whether
the election is void.
(4) If the election is declared void, the Governor shall
issue another writ for the election of a Member for the electoral
district concerned.
(5) Subject to the provisions of this Ordinance, the Chief
Justice may from time to time make, amend or revoke rules for
regulating the practice and procedure to be observed on election
petitions.
54. At the trial of an election petition, the procedure shall, Procedure at
as near as circumstances will admit, be the same, and the Judge shall trial of
election
have the same powers, jurisdiction and authority as if he were trying petition.
a civil action, and witnesses shall be subpoenaed and sworn in the
same manner, as near as circumstances will admit, as in the trial of
a civil action in the Supreme Court, and shall be subject to the
same penalties for perjury.


No. 1


Legislative Council (Election),


1951 A 19 :..









Corrupt 55. (1) No election shall be valid if any corrupt practice is
practice. committed in connection therewith by the candidate elected.
(2) The expression corrupt practice" as used in this
Ordinance means any of the following offences, namely, treating,
undue influence, bribery and personation as set forth in Parts I and
II of this Ordinance.
(3) A corrupt practice shall be deemed to be committed
by a candidate if it is committed with his knowledge and consent
or by a person who is acting under the general or special authority
of such candidate with reference to the election.
Non- 56. No election shall be invalid by reason of a non-compliance
compliance with this Ordinance, if it appears that the election was conducted
ith anc in accordance with the principles laid down therein or that such
non-compliance did not affect the result of the election.


SCHEDULE
FORM A
Section 9. THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE,
1951.
.............. Electoral District.

NOTICE TO ELECTORS
All persons who desire and are entitled to be registered in the
above mentioned Electoral District as Electors for the election of
a Member of the Legislative Council are hereby required to deliver
or cause to be delivered their claims in writing for that purpose on or
before the....... ... day of............, 19. .. to me at the
undermentioned address, at which the necessary claim forms may
also be obtained.

(Address) Registering Officer.

Note:-The date should he fifteen days after the publication of this
notice in the Gazette.

FORM B.

Section 10. THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE,
1951.

NOTICE OF CLAIM TO BE REGISTERED AS AN
ELECTOR.

To the Registering Officer,..................Electoral District
I claim to have my name inserted in the Register of Electors
entitled to vote for the election of a Member of the Legislative
Council to represent
........................ Electoral District.


A 20 No. 1


Legislative Council (Election),


1951








No. 1 Legislative Council (Election) 1951 A 21

My particulars are as follows:-
NAME IN FULL ..............................................
O CCUPATION .................................................
PLACE OF A BODE ...............................................
ADDRESS (if different from place of abode).....................
I DECLARE THAT,
(a) I am a British subject/British protected person;
(b) I am....years of age;
(c) I have been ordinarily resident in the above mentioned
electoral district since.................. or I am
domiciled in the Colony;
(d) I can read and write and sign my name in the........
language;
(e) I have not been sentenced to death or imprisonment
with hard labour or exceeding twelve months for any
treason or felony; or if I have been so sentenced I have
either served my original sentence or one lawfully sub-
stituted for it or received a free pardon from His Majesty;
(]) I am not a lunatic so found under the law of Sierra
Leone;
(g) I am not a member of a Tribal Authority or District
Council of the Protectorate;
(h) I am not registered nor have I applied for registration
as an elector in any other Electoral District;
(i) I am qualified to be registered as an elector in the above
mentioned Electoral District on the ground that

(here state property or income qualification).
.................. Signature of Claimant
.............................. A address.
D ate ............ .......... 19 .....


FORM C Section 11.
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE,
1951.
Register of Electors for the .................. Electoral District


DATED this day of 19


Registering Officer.


__








A 22 No. 1 Legislative Council (Election) 1951

FORM D
section 12 l. THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE,
1951.
NOTICE OF OBJECTION TO OMISSION OF NAME FROM
THE REGISTER OF ELECTORS.
To THE REGISTERING OFFICER OF THE .......... Electoral District
I................ ................... ...............
of ............................. hereby give you notice that I
object to the omission of my name from the Register of Electors for
the ........................... Electoral District, and that I
claim to have my name inserted in the said Register on the following
qualifications of which I produce proof as follows:-*

D ATED this ................ day of............ 19 ....


(Signature of Claimant)


(Address)
*(Here state the qualifications and the evidence adduced to prove it.)


FORM E
section I2). THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE,
1951.
NOTICE OF OBJECTION TO RETENTION OF NAME IN
THE REGISTER OF ELECTORS
To THE REGISTERING OFFICER OF THE ............ Electoral District


of .............................being a person whose name
appears in the Register of Electors of the .......... Electoral
District hereby give you notice that I object to the name of..........
being retained in the said Register on the grounds that*

DATED this............day of.........., 19 .....


(Signature of Objector)


(Address)
*(Here state shortly the grounds on which the objection is based).








No. 1 Legislative Council (Election) 1951 A 23

FORM F
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE section 12().
1951.
NOTICE OF OBJECTION TO RETENTION OF NAME ON
THE REGISTER OF ELECTORS
To. .............. ..................... .....................
I,................................................. ..
of........................... being a person whose name
appears in the Register of Electors for the......................
Electoral District, hereby give you notice that I object to your name
being retained on the said Register on the ground that* .........
... ........,, ,
and that you will be required to prove your qualifications at the
time of the revising of the said Register.

DATED this....... ..........day of..............19. ...


(Signature of Objector)
........ ...(A .rs...... .. ...
(Address)
*(Here state shortly the grounds on which the objection is based.)


FORM G
FHE.LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE. Section 18.
1951.
WRIT OF ELECTION
(Colony)
(L.S.) By His Excellency
Governor, Commander-in-Chief
and Vice-Admiral in and over
the Colony and Protectorate oj
Sierra Leone.
Governor.
To THE RETURNING OFFICER,
of the .......................... Electoral District.
WHEREAS by Section 18 of the Legislative Council (Elections)
Ordinance, 1951 it is provided that for the purposes of every general
election of members of the Legislative Council and for the purposes
of the election of Members to supply vacancies caused by death,
resignation, or otherwise, the Governor shall issue writs under the
Public Seal of Sierra Leone, addressed to the Returning Officers of
the respective electoral districts for which Members are to be
returned:






'- .' '

A 24 No. 1 Legislative Council (Election) '1951
AND WHEREAS I think it expedient that writs should be issued
for the election of Members to serve in the Legislative Council:
** AND WHEREAS the seat of the Elected Member for the ....
............... Electoral District has become vacant in consequence
of...........................................................
'* To be included in a writ for a general election..
**To be included in a writ for a bye-election.
Now, THEREFORE, I ....... ............................
Governor as aforesaid, do hereby require that, notice of the time
and place fixed for the nomination of candidates.having been first
duly given as required by law, you do on the day of
at in the said Electoral District
cause election to be made according to law of a Member to serve on
the Legislative Council of Sierra Leone for the said Electoral District
and that, if necessary, you do cause a poll to be taken on the
day of 19 and that you.do cause the name of such
member when so elected to be certified to me by endorsement
hereon not later than the day of 19
Given under my Hand and the
Public Seal of Sierra Leone at
................ this...........
day of ............... 19....


FORM H
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE,
1951.
NOMINATION PAPER
Section 20. To THE RETURNING OFFICER .................Electoral District.
We the undersigned being registered Electors for the above
mentioned Electoral District hereby nominate.................
....................................................
of............................. as a fit and proper candidate
for Election as a Member of the Legislative Council.
(Signed) (1) Proposer
(2) Seconder
(3) Supporters
(4)
(5)
(6)
I, ........ ................. of.................... hereby
consent to stand for election for the............ Electoral District
at the election to be held on the.. day of.......... 19.... and in
so doing I hereby declare that I am not disqualified for membership
for any of the reasons mentioned in Section 11 of the Sierra Leone
(Legislative Council) Order in Council, 1951.










And I further declare that I am possessed of the following
qualifications (here state property qualification as required by sec-
tion 10 of the Sierra Leone (Legislative Council) Order in Council,
1951.)

(Signature of Candidate)
D ate .................. 19 .....
Signed in the presence of

(Signature of Witness)

FORM J
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, Seet,.,n 45.
1951
WRIT OF ELECTION
(Protectorate)
By His Excellency. ............
Governor, Commander-in-Chief and
Vice-Admiral in and over the
Colony and Protectorate of Sierra
(L.S.) Leone.
Governor.
To THE CHIEF COMMISSIONER OF THE PROTECTORATE (or DISTRICT
COMMISSIONER OF THE ................... ... DISTRICT)
WHEREAS by Section 45 of the Legislative Council (Elections)
Ordinance, 1951 it is provided that for the purposes of every
general election of Members of the Legislative Council and for the
purposes of the election of Members to supply vacancies caused by
death, resignation, or otherwise, the Governor shall issue writs under
the Public Seal of Sierra Leone, addressed to the
in case of a member of the Council to be elected by
* AND WHEREAS I think it expedient that writs should be issued
for the election of Members to serve in the Legislative Council:
** AND WHEREAS the seat of the Elected Member ...........
has become vacant in consequence of........: .................
*To be included in a writ Jor a general election.
**To be included in a writ for a bye-election.
Now, THEREFORE, I,...............................
Governor as aforesaid, do hereby authorise and require you to
convene a meeting of the Protectorate Assembly (or the District
Council of the .............. ... District) for the purpose of
electing, according to law, a Member to serve on the Legislative
Council of Sierra Leone as
and that you do cause the name of such Member when so elected to
be certified to me by endorsement hereon not later than the day of
19
Given under my hand and the
Public Seal of Sierra Leone at
this day of
19


1951 A 25


No 1


Legisla~tive Counc~cil (Election))










Passed in the Legislative Council this 12th day of June, in the yekr
of Our Lord one thousand nine hundred and fifty-one.




S. V. WRIGHT,
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.




S. V. WRIGHT,
Clerk of Legislative Council


M.P. 3449/87.


Legislative Council (Election)


1951


A 26 No. 1







In His Majesty's name I assent to this Ordinance this
26th day of June, 1951.



G. E. MERCER,
Governor's Deputy.


A 27


1951


Colony of Sierra Leone


An Ordinance to Amend the Customs
Tariff Ordinance


Cap. 57.


s uly1 Date of co-1 "
list July, 1951.1 mencement.


E IT ENACTED by the Governor of Sierra Leone, with the
d ., da f r th- A lnr il i C il Th, f


a vca lla %..nset V k g SgKsve ounc LI oIC., as..
follows:-
1. This Ordinance may be cited as the Customs Tariff Short title.
(Amendment) Ordinance, 1951 and shall come into force on the
first day of July, 1951.


L.s.


No. 2







8A". No. 2 Customs Tariff (Amendment) 1951

Amendment 2. Section 2 of the Customs Tariff Ordinance (hereinafter
ofsection 2 referred to as the Principal Ordinance), is hereby amended-
of Cap. 57.
(a) by the repeal of the definition British Empire" and
(b) by the insertion immediately after the definition
Comptroller of Customs" of the following defini-
tion:-
"Foreign Country' means any Territory not listed
Substitution in the Fifth Schedule to this Ordinance."
of new ex-
pression for 3. Wheever the expression British Empire" occurs in the
British Principal Ordinance, including the Schedules thereto, the following
the Principal expression is hereby substituted therefor-
Ordinance.
Amendment Territories listed in the Fifth Schedule".
of expression
"British 4. Wherever the expression British Preferential Tariff'
Preferential occurs in the Principal Ordinance including the Schedules thereto,
sheriff ncipl the word British is hereby repealed.
the Principal
Ordinance.
Amendment 5. Section 3 of the Principal Ordinance is hereby amended
ofsection3 by the repeal of the word, figures and symbols "or (3)" where
pal Ordin they occur in the ninth line of paragraph (b) thereof.
nance.
Repeal of 6. (1) Section 4 of the Principal Ordinance is hereby
section 4 of repealed.
the Principal
Ordinance. (2) This section shall be deemed to have come into
operation on the 14th day of May, 1946.

Amendment 7. Section 12 of the Principal Ordinance is hereby amended
of section 12 by the repeal of the words "amounting to 95 per cent" in the
pa therdinci- first line thereof.
pal Ordi-
nance.
Amendment 8. Subsection (1) of Section 14 of the Principal Ordinance
of-section 14 is hereby amended-
ofthe Princi-
pal Ordi- (a) by substituting a semicolon for the comma occurring
nance. immediately after the word "re-importation in the
eighth line of paragraph (a) thereof, and by repealing
the remainder of the said paragraph (a) following
thereafter; and
(b) by substituting a fullstop for the semicolon occurring
immediately after the words ad valorem at the end of
the sixteenth line of paragraph (b) thereof, and by
repealing the proviso to the said paragraph.

Amendment 9. Section 15 of the Principal Ordinance is hereby
of section 15 amended-
of the Piinci-
pal Ordi' (a) by substituting the number 8 for the number "5 "
nance. in the third line thereof, and

(b) by substituting the number 34 for the number 30 "
in the fourth line thereof.







No. 2


Customs Tariff (Amendment)


1951


10. Immediately after the Fourth Schedule to the Principal
Ordinance, there shall be added the following new Schedule:-

"THE FIFTH SCHEDULE
TERRITORIES TO WHICH THE PREFERENTIAL TARIFF APPLIES

United Kingdom of Great Britain and Norihern Ireland,
Dependent territories of the United Kingdom of Great
Britain and Northern Ireland,
Canada,
Commonwealth of Australia,
Dependent territories of the Commonwealth of Australia,
New Zealand,
Dependent territories o," New Zealand,
Union of Sou h Africa including South-west Africa,
India,
Pakistan,
Ceylon,
Southern Rhodesia,
Irish Republic,
Burma."


------'--*-,
Additi6 of.
Fifth-Sche-
dule to the
Principal
Ordinance.


Passed in the Legislative Council this 12th day of June, in the year
of Our Lord one thousand nine hundred and fifty-one.


S. V. WRIGHT,
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.



S. V. WRIGHT,
Clerk of Legislative Council.

M.P. 1936/18.


*'







In His Majesty's name I assent
27th day of June, 1951.


(


N


to this Ordinance this



:.
:


Ordinance, 1950, into operation as from
the 1st day of January, 1951

[28th June, 1951.1
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 District Councils
Ordinance, 1950 (Date of Commencement) Ordinance, 1951, and
shall be read as one with the District Councils Ordinance, 1950.


A 30


No. 17 of
1950.


Date of com-
mencemen t.



Short title.


G. E. MERCER,
Governor's Deputy.





L ...




















o. 3 1951




Colony of Sierra Leone


An Ordinance to bring the District Councils








District Councils Ordinance, 1950
(Date of Commencement)


1951


2. Notwithstanding the provisions of subsection (3) of Date of com-
Section 1 of the District Councils Ordinance, 1950, the said Ordi- mencement
of Ordin;unce
nance shall be deemed to have come into operation on the 1st day 0 o..1I"ne
of January, 1951. .,

3. The District Councils (Constitution) Order, 1951. shall be Date of Con-
deemed to have come into operation on the 1st day of January, mencement
1951. and the District Councils constituted thereby shall be of i95'.
deemed to have been constituted as from the 1st day of January,
1951.


Passed in the Legislative Council this 12th day of June, in the year of
Our Lord one thousand nine hundred and fifty-one.


S. V. WRIGHT,
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.


S. V. WRIGHT,
Clerk of Legislative Council.


M.P. 3130/7


A 31:


No. 3





S.. : .. .


A 32 .In His Majesty's name I assent to this Ordinance this
S ".7th day of June, 1951.

.

G. E. MERCER,
Governor's Deputy.








SI ..






















No. 4 1951


Colony of Sierra Leone


No. 1 of
1948.

Date of
commence-
ment.



Short title
and
commence-
ment,


An Ordinance to Amend the Customs
Ordinance, 1948


3E IT ENACTED by the Governor of Sierra Leone, with the
- advice and consent of the Legislative Council thereof, as
follows: -
1. This Ordinance may be cited as the Customs (Amend-
ment) Ordinance, 1951, and shall come into operation on such
date as the Governor may by Order determine.




: : ..


No. 4 Customs (Amendment) 1951 A33

2. The Customs Ordinance, 1948 (hereinafter referred to as Repeal and
the Principal Ordinance), is hereby amended by the repeal of re-enatment
Sections 27, 28 and 29 thereof, and by the substitution therefore 27, 2 and
of the following sections:- 29 of,
Power to 27. The Governor in Council may, from time to Ordinance
prohibit, m.No. l of
prohibit time, by Order prohibit, restrict or regulate the importa- 1948.
regulate the tion of any goods whatsoever, and any such Order may
importation specify any goods or class of goods either generally or
of goods. in a particular manner, whether with reference to the
country of origin or the route of importation or
otherwise.
Power to 28. (1) The Governor in Council may, from time
prohibit, to time. by Order prohibit, restrict or regulate the
restrict and
regulate the exportation of any goods whatsoever, and any such
exportation Order may specify any goods or class of goods, either
of goods, generally or in a particular manner.
(2) Any such Order may prohibit, restrict or
regulate the exportation either to all places or to any
particular country or place, and may require any goods
to be consigned to a person authorised by the
prescribed authority to receive the goods, and may
require the production of evidence to the satisfaction
of the prescribed authority of the due delivery of the
goods to such consignee.
Power to 29. The Governor in Council may, from time to
prohibit, time. by Order prohibit, restrict or regulate the carriage
restrict andt
egulate the coastwise of any goods whatsoever, and any such Order
carriage may specify any goods or class of goods, either
.oastwise of generally or in a particular manner, whether with
goods. reference to the place of origin or otherwise.

3. The First and Second Schedules to the Principal Ordi- Repeal of
the First and
nance are hereby repealed. Second
Schedules to
the Principal
Ordinance.

Passed in the Legislative Council this 12th day of June, in the year of
Our Lord one thousand nine hundred and fifty-one.

S. V. WRIGHT,
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.

S. V. WRIGHT.
Clerk of Legislative Council,
V.P. 17,8 '.















Colony of Sierra Leone
PUB NOTICE N. OF 1951 M.






THE DOGS ORDINANCE
(Cap. 67)





PROCLAMATION
By His Excellency Sir George'. :b.sfo .
Stooke, Knight Commander ofthe Most Disti' t
guished Order of Saint Michael and Sainr
SGeorge, Governor, Commander-in-Chief and
Vice Admiral of the Colony and Protectorate o
Sierra Leone, etc., etc., etc.

G. BERESFORD-STOOKE,
Governor.
WHEREA by Section 18 of the Dogs Ordinance, Cap. 67 of the La






Sierra Leone, the Governor is empowered, with the view to preventing the
Now, THEREFORE, I DO HEREBY proclaim that the District Commissi
By His Excellency Sir Georg"e.."., "s+ef or.."+ ..:" .'












Medical Officer, and Sanitary Inspector in the Bombali District of the ProtDisti- '
rate of Sierra Leone are authorized to destroy all dogs found at largeel re






than in private premises, and all dogs, wheresoever found, that may b*.sus-
pected of being infected with Hydrophobia, or of having been bitten b'y' :y
dog known, or suspected to be, or to have been so infected.

of Sierra Leone and shall remain in force for a period of three months from ithe
date thereof..
Given undGer my hand and Seal at F etwn .''
Vice Admiral of the Colony and Protector.te;' .'+. ,,.








in the Colony of Sierra Leone this 30th..day of



G. E. MBE FERCOER,
Governor. : *..".
WHEREAS by Section 18 of the Dogs Ordinance, Cap. 67 of the La.'--. '6...
Sierra Leone, the Governor is empowered, with the view to preventing the ;; .

















Acting Colonial Secretary.

GOD SAVE THE KING!
than in private premises, and all dogs, wheresoever found, that my bq.ss- .
dog known, or suspected to be, or to have been so infected. ;
This proclamation shall apply to the Bombali District of the Protestoda.te: .
of Sierra Leone and shall remain in force for a period of three months frot. the '.'*"
date thereof. o S M a.:' '. ,'"
Given undernmy handCandSealrnt Cheftow 'i. ":
in the Colony of Sierra Leone this 30th.day oif .'
December in the year of Our Lord one t...sand, ""
nine hundred andcefty, and of His Lajs j"ty'S
Reign the reifteenth. v to p



Acting Colonial Secretary.
-, .














SPuBLIc.NoTICE No. 2 OF 1951 M.P. 1814/2
: .' THE DOGS ORDINANCE
(Cap. 67)


PROCLAMATION
By His Excellency Sir George Beresford-
S. Stooke, Knight Commander of the Most Distin-
L.-s. guished Order of Saint Michael and Saint
George, Governor, Commander-in-Chief and
S*". ViceAdmiral of the Colony and Protectorate of
Sierra Leone, etc., etc., etc.

G. BERESFORD-STOOKE,
Governor.
WHEREAS by Section 18 of the Dogs Ordinance, Cap. 67 of the Laws of
Sierra Leone, the Governor is empowered, with the view to preventing the
spread of Hydrophobia, to authorise the destruction of dogs in certain circum-
stances and within such parts of the Colony and Protectorate as he may deter-
mine:
Now, THEREFORE, I DO HEREBY proclaim that the District Commissioner,
Medical Officer, and Sanitary Inspector in the Tonkolili District of the Protecto-
Srete of Sierra Leone are authorised to destroy all dogs found at large elsewhere
' tlanl in private premises, and all dogs, wheresoever found, that may be suspected
of being infected with Hydrophobia, or of having been bitten by any dog known,
or suspected to be, or to have been so infected.
This proclamation shall apply to the Tonkolili District of the Protectorate
of Sierra Leone and shall remain in force for a period of three months from the
date thereof.

Given under my hand and Seal at Freetown
in the Colony of Sierra Leone this 30th day of
December in the year of Our Lord one thousand,
nine hundred and fifty, and of His Majesty's
Reign the Fifteenth.

By His Excellency's Command,
G. E. MERCER,
Acting Colonial Secretary.


GOD SAVE THE KING!








B3


PUBLIC NOTICE No. 3 OF 1951 M.P. 1814/2.
THE DOGS ORDINANCE ''-
(Cap. 67)


PROCLAMATION
By His Honour George Edward Mercer,
Esquire. By lawful authority dated the 2nd day
of January, 1951, Deputy to the Governor of
Sierra Leone.

G. E. MERCER,
Governor's Deputy.
WHEREAS by Section 18 of the Dogs Ordinance, Cap. 67 of the Laws of
Sierra Leone, the Governor is empowered, with the view to preventing the spread
of hydrophobia, to authorise the destruction of dogs in certain circumstances
and within such part of the Colony and Protectorate as he may determine.

Now, THEREFORE, I DO HEREBY proclaim that the Health Authority of the
Bo Health Area in Bo District of the Protectorate of Sierra Leone is authorised
to destroy all dogs found at large elsewhere than in private premises, and all
dogs, wheresoever found, that may be suspected of being infected with hydro-
phobia, or of having been bitten by any dog known or suspected to be, or hae
been, so infected. .
The Proclamation shall apply to the Bo District of the Protectorate of
Sierra Leone and shall remain in force for a period of three months from' the
date hereof.

Given under my hand and seal at Freetown
in the Colony of Sierra Leone this 8th day of
January, in the year of Our Lord one thousand
nine hundred and fifty-one, and of His Majesty's
Reign the Fifteenth.


By His Honour's Command

F. W. ESSEX,
Acting ChiefAssistant Colonial Secretary


GOD SAVE THE KING!









B4







PUBLIC NOTICE No. 4 OF 1951 M.P.5946/1

STHE PROTECTORATE ORDINANCE
S 7, (Cap. 185)



THE PROTECTORATE (EXEMPTION FROM HOUSE TAX) ORDER, 1950
SIn exercise of the powers conferred upon the Governor by
Section 12 of the Protectorate Ordinance the following Order is
..:. .hereby made:-
1. This Order may be cited as the Protectorate (Exemption
S ", from House Tax) Order, 1950.


'''-'
:
;;:.

;
'~:










it
~
''


.
;i

C


2. The following houses shall be exempt from House Tax
during the year 1950:-
(1) All houses situated on lands which have been leased
by the Missionary Societies from the Tribal
Authorities;

(2) All houses used, under the control of the Director of
Medical Services, in the accommodation of sleeping
sickness cases; and

(3) All houses used solely for the care of maternity cases
and occupied by women engaged in such care and by
their patients.



THIS 13th day of December, 1950.


G. E. MERCER,
Governor's Deputy.















PUBLIC NOTICE NO. 5 OF 1951
THE COURTS ORDINANCE
(Cap. 50)


SM.P. 6044/4
M.P. 6044/4 ,,, '


THE SUPREME COURT (AMENDMENT) RULES, 1951
In exercise of the powers conferred upon the Rules of Court
Committee by Section 24 of the Courts Ordinance, the following...
Rules o' Court are hereby made:-
1. These Rules may be cited as the Supreme Court (Amend-
ment) Rules, 1951.
2. Order XVI (which relates to Pleadings) of the Supreme P.N. 251 "f.
Court Rules, 1947, is hereby amended by the insertion immediately 1947. ":.
after Rule 18 of the following new rule:- ;
18 (a) Where in an action for libel or slander the
defendant alleges that, in so far as the words complained
of consist of statements of fact, they are true in substance
and in fact, and in so far as they consist of expressions of
opinion, they are fair comment on a matter of public
interest, or pleads to the like effect, he shall give particulars
stating which of the words complained of he alleges are
statements oi' fact and of the facts and matters he relies on ''. ".
in support of the allegation that the words are true."

DATED this 6th day of January, 1951.

E. S. BEOKU-BETTS,
Acting Chief Justice.

GEORGE PATERSON,
A ttorney-General.

H. H. KINGSLEY,
Puisne Judge.

OTTO OYEKAN DURING,
Member.


* )















. PUBLIC NOTICI No. 6 OF 1951 M.P. 1436/1
THE DEFENCE (PRICES OF GOODS) REGULATIONS, 1940
(PunLIC NOTICE No. 58 OF 1940)


S..THE DEFE-NC: PRICESS 01 GOODS) ORDER, 1951
In exercise of the powers conferred upon the Controller of
Merchandise by Regulation 5 of the Defence (Prices of Goods)
Regulations, 1940, as continued in effect by the Defence Regulations,
(Supplies and Sen ices) Order, 1946, the following Order is hereby
S made:-
1. This Order may be cited as the Defence (Prices of Goods)
Order, 1951.

2. For the purpose of this Order, Sierra Leone is divided into
the following areas:-

Area A "-The City of Freetown, and the villages of Kissy,
Murray Town and Wilberforce.

Area B "-The Rural Areas, other than those parts to which
Area A relates, and the Port Loko Disrtict of
the Protectorate.

..' Area C' "-The Sherbro Judicial District and the Chiefdoms
ofRibbi, Bumpe(in the Moyamba District) Kong-
bora, Kagboro, Timdel, Bagruwa Gadinma,
Fakimya, Dema and Sittia.

Area D "--The Chiefdoms of Bramaia, Koinamaka, Masun-
gbala, Tonko Limba, Sela Limba, Sanda Magbo-
lonto, Sanda Loko, Gbanti-Kamaranka, Sanda
Tenraran, Dohahun, Pendembu-Gowahun, Bom-
bali Makari, Bombali Gbanti, Bombali Sebora,
Bombali Masabong, Safroko Limba, Mapaki,
Simiria, Kholifa Mabang, Kholifa Mamunta,
Kholifa Mavosso, Kholifa Rowala, Malal
Mara, Malal Roten, Yonni Mabanta, Yonni
Mamila, Tane, Bonkolenken Poli, Bonkolenken
Mayoppo, Bonkolenken Massakong, Kamagai,
Kori, Dase, Kowa, Banta, Banta Mokeli, Bumpe
(in the Bo District), Imperri, Jong, Sogbini,
Bekowa, Yoma, Benrdu, Cha, Dansagoia,
Bonkolenken Yele, Biriwa, Magbaimba, Diang,
Nongoba Bullom Kafe, Kalantuba, Kunike
Barina, Kunike Fula-wusu, Kunike Sanda,
Kakiling and Sambaia.








P.N. 6 JB7

Area "E "-The Chiefdoms of Maje, Lunia, Banjalu, Niawa
Lenga Selenga, Gbo, Bo, Tinkonko, Bongo, Lubu,
Bagbe, Bagbo, Kakpanda, Bum, Malen, Kwako,
Krim, Mesi Krim, Wando, Komoboya, Badja,
Baoma, Simbaru, Lepiama, Koranko, Bambarra,
Dodo, Langrama, Niawa, Nogowa, Small Bo .
Kandu, Jaiama, Bunde, Kakua, Bari, Bomba Sa
Krim, Gallinas, Gbema, Kabonde, Koya (in the
Pujehun District) Kpaka, Kakpele, Mano Sa Krim, .
Krim, Nomo, Panga Krim, Peje, Kemo-Pukumu
Krim, Dama, Gaura, Bangere, Dia Horahun,
Jaluahun, Jawi, Konjo, Malema, Mandu, Peje East,
Peje West, Tongboma, Upper Bambara and Yawei' ::
Area F"-All parts of the Protectorate not included in the
Areas" B", C ", "D ", and E .
3. The goods specified in the Schedules to this Order shall be
price-regulated goods, and the wholesale and retail prices specified
in the said Schedules shall be the permitted prices in respect of the '' .
wholesale or retail sale of the said goods, subject to the variations-
applicable to the several Areas stated in paragraphs 4 to 7 of this
Order.
4. In Area "A the permitted prices specified in Schedules
I and II shall apply.
5. In areas "B ", C ", D and "E" the permitted prices
specified in Schedules I and II shall apply in respect of each Area
plus the minimum cost of transpost to within the said Area calculated
on the railway or river freight and other transit charges on the gross
weight of an article.
6. In Area F" the permitted prices specified in Schedules I
'and II shall apply, plus the minimum cost of transport applicable .. .
to the said Area as in paragraph 5 above with the addition thereto
of one-half-penny in respect of each shilling or part of a shilling of
the permitted prices specified in the said Schedules.
7. For the purpose of this Order petty traders carrying on their
trade in the stalls in Freetown City Council markets shall be permitted
to increase the permitted retail prices specified in the said Schedules
by one penny per unit of quantity, pound, tin or bag in respect
of the following:-
Tobacco Unmanufactured
Tinned Meats and Fish Salt
8. The Defence (Prices of Goods) (No. 3) Order, 1950, is here-
by revoked.
MAXIMUM PERMITTED PRICES
Articles and Descriptions Wholesale Retail
SCHEDULE I-SPIRITS per bottle
WHISKY s. d. s. d.
Ambassador Liqueur Scotch .. .. 21 3
Johnnie Walker Black Label
Lass O'Gowrie I
Haigs' Dimple Scots
Buchannans Liqueur 19 4
John Jameison -
Ambassador Standard J
All other Brands .. 17 10
GIN
Schnapps Aromatic .. .. .*. 16 11
All other Brands .. .. .. 15 .11









B8

'. SCHE


P.N. 6


)ULE II-IMPORTED FOODSTUFFS AND TOBACCO


Articles and Descriptions
TOBACCO, UNMANUFACTURED

501b. and over ..
1-491b..
TINNED MEAT AND TINNED
FISH


CORNED BEEF
K. R. 12 ozs. tins
Kenylon 12 ozs. tins
Swifts 12 ozs. tins
Hereford 12 ozs. tins
Swifts 16 ozs. tins
Swifts Plate 12 ozs.
Libby's 12 ozs, tins
Devon 12 ozs. tins
All other Brands
SALMON
Plume 16 ozs. tins (48 tins)
Geisha 8 ozs. tins (96 tins)
SARDINES
Sogal 4 oz. tins
Skipper 4 ozs. tins
Club Decorated 4 ozs. tins
Club Plain 4 ozs. tins
Glofi 4 ozs. tins
Sild 41 ozs. tins..
Sild 3t ozs. tins..
All other brands
BUTTER
Dairymaid 1 lb.
Rose 1 lb.
Falcon 1 lb.
Swifts 1 lb.
Acorn 1 lb.
Allowrie 12 ozs.
All other Brands lb.


FLOUR
Famous
Gold Medal
All other Brands


MILK POWDERED
Klim llb. ..
Klim 21 b. ..


Wholesale Retail
per lb.
s. d.
S .. 8 2
S .. 8 11
Per case Per dozen Per tin


s. d.
79 6
87 8
101 6
101 6
102 0
102 3
104 0
111 6


tins
s. d.
19 10
22 6
26 6
26 6
26 0
28 0
28 0
30 8


. 113 8 28
. 184 5 24


117 10
113 10
107 10
100 6
100 9
92 9
S81 4
89 6


198 10
192 0
190 1
187 0
189 6
299 1
187 0
Per bag of
100 lb.
s. d.
. 62 6
. 54 7
. 52 1


Per case
s. d


s. d.
1 10
2 0
2 4
2 4
2 4
2 6
2 5
2 9
2 0

2 7
2 1

1 4
1 3
1 2
1 2
1 2
1 2
0 10
1 0


Per bag of
5 lb. Per lb.
s. d. s. d.
3 4 0 81
0 7
0 6j
Per dozen
tins Per tin
s. d s. d.
6 0
14 7


I,i
i
:~
.









P.N. 6


Articles and Descriptions


MAGAZINE
Blue Band 1 lb.
Village 1 lb.


SUGAR
Granulated 112 lb. bag ..
Cube 56 lb. carton

SALT
5 b.bag
32 lb. bag

THIS 10th day of January, 1951.


per
s.


Wholesale
case per dozen
d. s. d.
21 3
22 0


Retail

s. d.
1 11i
2 0


Per lb.
- 77 0 0 9
- 6 7 0 11


bavs
. d.
1 9
9 3


each
s. d.
1 1
5 4


S. M. TAYLOR,
Controller of Merchandise.


[This Public Notice revokes Public Notice No. 121 of 1950.]








B 10


PUBLIC NOTICE NO. 7 OF 1951 M.P. 1814/1
THE DOGS ORDINANCE
(Cap. 67) *


PROCLAMATION

By llis Honour George Edward Mercer,
SEsquire, hy lahfui authority dated the 2nd
day of January, 1951, Deputly to the Governor
S of Sierra Leone.

SE. M1-.RCER,
Governor's Deputy.

WHEIREAS by section 18 of the Dogs Ordinance, Cap. 67 of the Laws of
Sierra Leone, the Governor is empowered, with the view to prevent the spread
of hydrophobia, to authorise the destruction of dogs in certain circumstances
a.nd within such part of the Colony and Protectorate as he may determine:

Now, THEREFORE, I DO IIEREBY proclaim that the Commissioner of Police
and the Senior Medical Officer (Health) are hereby authorized to destroy all
dogs found at large elsewhere than in private premises and alldogs, whereso-
ever found, that may be suspected of being infected with hydrophobia,
...or having been bitten by any dog known or suspected to be, or to have
been so infected.

This Proclamation shall apply to the Police District of Freetown and
shall remain in force for the period of six months from the date hereof.

Given under my hand and seal at Freetown
in the Colony of Sierra Leone this 17th day
of January, in the year of Our Lord one
thousand nine hundred and fifty-one, and of
His Majesty's Reign the Fifleenth.


By His Honour's Command,
F. W. ESSEX,
Acting Chief Assisiant Colonial Secretary


GOD SAVE THE KING!















PUBLIC NOTICE NO. 8 OF 1951
THE FERRIES ORDINANCE
(Cap. 79)


M.P. 1262/4


THE FERRIES (AMENDMENT) RULES, 1951
In exercise of the powers conferred upon the Governor in Cap
Council by Section 12 of the Ferries Ordinance, the following
Rules are hereby made:--
1. These Rules may be cited as the Ferries (Amendment)
Rules, 1951.
2. Rule 4 of the Ferries Rules is hereby revoked and vol:l
replaced by the following:-- page
"Heavy 4. (1) No motor vehicle the laden weight of which
Vehicles exceeds five and a half tons shall be permitted
to make use of any ferry pontoon: Provided
that the Director of Public Woiks or any
officer authorised by him in that behalf may,
by his consent in writing for a particular
occasion or particular occasions and subject
to such conditions as he may impose, exempt
a motor vehicle from the provisions of this
Rule.
(2) If. in the opinion of any head ferryman, the
laden weight of any vehicle exceeds five and
a half tons, the driver of such vehicle, upon
being requested so to do, shall cause it to be,
either partially or completely, unloaded before
driving it on to the ferry pontoon so as to
make its laden weight less than five and a
half tons."

MADE by the Governor in Council this lIth/ day of January,
1951.


A. F. MEREDITH,
Clerk of Executive Council.



[This Public Notice amends the Rules on Page 507 of Vol. III of the
Laws]


B -11


7 I
.b.,


i .. '
S .'. .
S07.








B 12


PUBLIC NOTICE No. 9 OF 1951


M.P. 1262/4


THE FERRIES ORDINANCE
(Cap. 79)


THE FERRIES ORDER IN COUNCIL, 1951
In exercise of the powers conferred upon the Governor in
Council by Section 3 of the Ferries Ordinance, the following
Order is hereby made:-
S. ..' 1. This Order may be cited as the Ferries Order in
Council, 1951.
2. The ferry over the Waanje River near the town of Yoni
in the Pujehun District is hereby discontinued.
3. The Schedule to the Ferries Ordinance is hereby
amended:-
(a) By the replacement of the towns "Baiama" and
Pujehun" in the third column thereof by the towns
"Yawe" and "Gobaru".
(b) By the deletion of the item-
Pujehun Waanje Yoni.


MADE by the Governor in Council this Ilth day of January,
1951.

A. F. MEREDITH,
Clerk of Executive Council.


[This Order amends the Schedule to Cap. 79-Vol. I, page 1115]














PUBLIC NOTICE NO. 10 OF 1951


M.P. 12062


THE SURVEY ORDINANCE, 1950
(No. 11 of 1950)


THE SURVEY ORDINANCE (COMMENCEMENT) ORDER, 1951
In exercise of the powers conferred upon the Governor by
Section 1 (2) of the Survey Ordinance, 1950, the following Order
is hereby made:-
1. This Order may be cited as the Survey Ordinance
(Commencement) Order, 1951.

2. The Survey Ordinance, 1950 shall come into operation
on the 1st day of February, 1951.


THIS 27th day of January, 1951.


G. BERESFORD-STOOKE,
Governor.


B 13


s
*








B 14


PUBLIC NOTICE NO. 11 OF 1951 M.P. 4596

THE TELEGRAPHS ORDINANCE
(Cap. 233)

THE TELEGRAPHS (POWERS AND DUTIES) ORDER, 1951
In exercise of the powers conferred upon the Governor by
. Section 35 of the Telegraphs Ordinance, the following Order is
hereby made:-
1. This Order may be cited as the Telegraphs (Powers and
Duties) Order, 1951.

2. It is hereby declared that the powers and duties vested
in or to be performed by the General Manager of the Railway
by virtue of the Telegraphs Ordinance shall be vested in or be
performed as the case may be by the Postmaster-General.


THIs 27th day of January, 1951.


G. BERESFORD-STOOKE,
Governor.








B 15


PUBLIC NOTICE NO. 12 OF 1951 M.P. 1814/.2

THE DOGS ORDINANCE
(CAP. 67)


PROCLAMATION
By His Excellency Sir George Beresford-
Stooke, Knight Commander of the Most
Distinguished Order of Saint Michael and Saint
George, Governor, Commander-in-Chief and
Vice Admiral of the Colony and Protectorate.of
Sierra Leone, etc., etc., etc.

G. BERESFORD-STOOKE,
Governor.
WHEREAS by Section 18 of the Dogs Ordinance, Cap. 67 of the Laws of
Sierra Leone, the Governor is empowered, with the view to preventing the
spread of hydrophobia, to authorise the destruction of dogs in certain circum-
stances and within such parts of the Colony and Protectorate as he may
determine:
Now, THEREFORE, I DO HEREBY proclaim that the Health Authority of the
Pujehun Health Area in Pujehun District of the Protectorate of Sierra Leone
is authorised to destroy all dogs found at large elsewhere than in private premises,
and all dogs, wheresoever found, that may be suspected of being infected with
hydrophobia, or of having been bitten by any dog known, or suspected to be,
or to have been so infected.
This Proclamation shall apply to the Pujehun District of the Protectorate
of Sierra Leone and shall remain in force for a period of six months from the
date hereof.

Given under my hand and Seal at Governor's
Lodge, Hill Station in the Colony of Sierra
Leone this Ninth day of February, in the year
of Our Lord one thousand nine hundred and
fifty-one, and of His Majesty's Reign the
Fifteenth.

By His Excellency's Command,
G. E. MERCER,
Acting Colonial Secretary.



GOD SAVE THE KING!








B 16


PUBLIC NOTICE No. 13 OF 1951 M.P. 1436/1
THE DEFENCE (PRICES OF GOODS) REGULATIONS, 1940
(Public Notice No. 58 of 1940)


THE DEFIENCE (PRICES OF GOODS) (AMENDMENT) ORDER, 1951
In exercise of the powers conferred upon the Controller of
Merchandise by Regulation 5 of the Defence (Prices of Goods)
Regulations, 1940, as continued in effect by the Defence Regula-
tions (Supplies and Services) Order, 1946, the following Order
is hereby made:-
1. This Order may be cited as the Defence (Prices of Goods)
(Amendment) Order, 1951.
2. Schedule II of the Defence (Prices of Goods) Order, 1951
is hereby amended as follows:-
(a) by the deletion of the figures against Hereford 12 oz.
tins" under the Sub-head "Corned Beef" of the
following
s. d. s. d. s. d.
"101 6 26 6 2 4"
and the substitution of the following therefore:
s. d. s. d. s. d.
"112 0 30 0 2 7"
(b) by the deletion of the items under Sub-head Salmon"
and the substitution of
s. d. s. d. s. d.
Red Rose 16 oz. tins (48 tins) 140 9 37 0 3 3
Plume 16 oz. tins (48 tins) ... 113 8 28 5 2 7
Geisha 8 oz. tins (96 tins) ... 184 5 24 0 2 1
Red Rose 8 oz. tins (96 tins) 154 4 20 0 1 9
(c) (i) by the deletion of the figures against "Sild 33 oz.
tins" under the Sub-head "Sardines" of
s. d. s. d. s. d.
"81 4 10 0 0 10 "
and the substitution of the following therefore:
s. d. s. d. s. d.
"84 3 10 9 0 11"
(ii) by the insertion immediately after "Sild 33 oz.
tins" of the following "Sherherazade 4 oz. tins"
s. d. s. d. s. d.
"107 9 14 0 1 3"
(d) by the deletion of the figures against "Gold Medal"
under the Sub-head "Flour" of










P.N. 13 B 17


s. d. s. d.
"54 7 0 7"


and the substitution of the following therefore:

s. d. s.d..
"55 7 0 8"

(e) by the deletion of the figures against "5 lb. bag" under
the Sub-head "Salt" of

s. d. s. d.
"11 9 1 1"

and the substitution of the following therefore:
s. d. s. d.
"12 6 1 2"

THIS 9th day of February, 1951.

S. M. TAYLOR,
Controller of Merchandise.

(N ote.-This Order amends Fublic Notice No. 6 of 1951.)


' :. ',


"'
~...

`"
.t~8~
:.



:C::








B 18





PUBLIC NOTICE No. 14 OF 1951 M.P. 1117

THE PUBLIC HOLIDAYS ORDINANCE
:, (Cap. 192)


THE PUBLIC HOLIDAYS (EMPIRE DAY) ORDER IN COUNCIL, 1951
WHEREAS it appears to the Governor in Council that it is
inexpedient that the 24th of May, 1951, should be kept as a
Public Holiday.
Now, THEREFORE, in exercise of the powers conferred
upon the Governor in Council by sections 3 and 4 of the
Public Holidays Ordinance it is hereby declared as follows:--
1. This Order may be cited as the Public Holidays
(Empire Day) Order in Council, 1951.
2. Thursday, 24th May, 1951 shall not be kept as a
Public Holiday and in place thereof Friday, 23rd February,
1951 shall be observed as Empire Day and be kept as a
Public Holiday.
MADE by the Governor in Council this 15th day of
February, 1951.

A. F. MEREDITH,
Clerk of Executive Council.









B 19


PUBLIC NOTICE NO. 15 OF 1951 M.P. 8130/2

THE DISTRICT COUNCILS ORDINANCE, 1950
(No. 17 of 1950)


THE DISTRICT COUNCILS ORDINANCE (COMMENCEMENT) ORDER IN
COUNCIL, 1951
In exercise of the powers conferred upon the Governor in No. 17 of
Council by Section 1 (3) of the District Councils Ordinance, 1950, 1950.
the following Order is hereby made:-
1. This Order may be cited as the District Councils Ordi-
nance (Commencement) Order in Council, 1951.
2. The District Councils Ordinance, 1950, shall come into
operation on the 16th day of February, 1951.
MADE by the Governor in Council this 15th day of
February, 1951.


A. F. MEREDITH,
Clerk of Executive Council.

[NOTE.-The commencement date of Ordinance No. 17 of 1950 as published
in the supplement to the Sierra Leone Royal Gazette Volume
LXXXI No. 4312 dated the 30th day of December, 1950, was in-
correctly given as 30th of December, 1950. No Order in Council
bringing it into force had in fact been made as required by Section
1 of the Ordinance.]


, tt








B 20


PUBLIC NOTICE No. 16 OF 1951 M.P. 0880/5

THE DEVELOPMENT OF INDUSTRIES (ASSISTANCE)
ORDINANCE, 1946


THE DEVELOPMENT OF INDUSTRIES BOARD ORDER IN
COUNCIL, 1951
In exercise of the powers conferred upon the Governor in
Council by Section 3 of the Development of Industries (Assistance)
Ordinance, 1946, the following Order is hereby made:-
1. This Order may be cited as the Development of Indus-
tries Board Order in Council, 1951.

2. The Development of Industries Board shall consist of-
F. H. R. Green, Esq., who shall be Chairman thereof, and
the following other members:-
The Development Secretary (ex-officio).
R. B. Marke, Esq.
F. S. Anthony, Esq.
S. Patterson, Esq.
The Director of Commerce and Industry.
Paramount Chief S. G. Meama Kajue.
Paramount Chief Bai Farima Tass II.

3. The appointments in paragraph 2 to this Order shall
terminate on the 31st December, 1951.

P.N. No. 38 4. The Development of Industries Board Order in Council,
of 1950. 1950, is hereby revoked.


MADE by the Governor in Council this 5th day of
January, 1951.

A. F. MEREDITH,
Clerk of Executive Council.







B 21
-- NOTICE No. 17 OF 1951 M.P. 2487/10

No. 2 of 1950

WEST AFRICAN COURT OF APPEAL

RULES
MADE UNDER
WEST AFRICAN COURT OF APPEAL
ORDER IN COUNCIL, 1948
1. These rules may be cited as the West African Court of Appeal Short tit!e.
Rules, 1950.
2. In these rules, unless the context otherwise requires : Interpreta-
" appellant means the party appealing from a judgment and includes his tion.
legal representative.
" court below means the court from which the appeal is brought.
" Judge includes the presiding officer of any court from which an appeal
lies to the Court.
Magistrate includes every person exercising full or limited magisterial
powers.
" The Order means the West African Court of Appeal Order in Council,
1948.
" party means any party to the appeal and includes his legal representative.
"record means the aggregate of papers relating to an appeal (including the
pleadings, proceedings, evidence and judgments) proper to be laid before
the Court of Appeal on the hearing of the appeal.
" Registrar means the Registrar of the West African Court of Appeal and
includes a Deputy Registrar of the Court.
respondentt (a) in a civil appeal means any party (other than the appellant)
directly affected by the appeal (b) in a criminal appeal means the person
who appears for the Crown or who undertakes the defence of the judg-
ment appealed against.
" rules means these rules or any amendments thereof or any additional
rules made under the provisions of the order.
3. (1) The Court may sit at any place within any Territory and may hear Place of
appeals and deal with matters before it whether arising in the particular sittings.
Territory within which the sitting is held or in any other Territory.
(2) Without prejudice to the foregoing provisions and subject to such
directions as the president may give, the Court shall ordinarily sit-
(a) in the case of appeals and matters arising in Nigeria-in Nigeria;
(b) in the case of appeals and matters arising in the Gold Coast--in the
Gold Coast;
(c) in the case of appeals and matters arising in Sierra Leone-in
Sierra Leone ;
(d) in the case of appeals and matters arising in the Gambia-either in
the Gambia or in Sierra Leone, as the President may determine.







B 22


Nomination 4. The Judges to constitute the Court at any sitting shall be nominated
of members and summoned by the President:
of Court.
Provided that a Judge of the Supreme Court of the Gambia shall not be
nominated and summoned to constitute a Court outside the Gambia without
his prior consent.
Times of 5. Sittings of the Court shall be held at such times as the President may
sittings. direct; subject to any such directions sittings (to be known as general
sittings ") shall commence as follows :-
In Nigeria--In April and October in each year.
In the Gold Coast-In May and December in each year.
In Sierra Leone-In March and (if necessary) in November in each year.
Exercise of 6. During the absence of the President from West Africa his powers
the Presi- under each of the three last preceding rules may, unless any person has been
dent's powers
when absent, appointed to act as President, be exercised :
(a) in the case of appeals and matters arising in Nigeria, the Gold Coast
or Sierra Leone by the Chief Justice or Acting Chief Justice (as the
case may be) of the Territory concerned and
(b) in the case of appeals and matters arising in the Gambia by the Chief
Justice or Acting Chief Justice (as the case may be) of Sierra Leone.
Notice of 7. (1) Notice of each general sitting and a cause list shall be published
sittings. by the Registrar of the Court in the Government Gazette of the Territory
in which each appeal in the cause list arose, at least three weeks before the
date appointed for the sitting ; and in the case of other sittings (to be known as
special sittings ") a similar notice and cause list shall be so published at least
one week before the date appointed for the sitting :
Provided that the Court may in its discretion hear any appeal and deal
with any other matter whether or not the same has been included in such
cause list so published.
(2) This rile shall not apply to the hearing of any matter by a single
Judge.
Right of 8. In all proceedings before the Court the parties may appear in person
audience, or be represented and appeal by any person who is entitled to practise before
any of the Courts below from which an appeal lies to the Court.
Delivery of 9. Every judgment of the Court shall be delivered in open Court during
judgment, the sittings at which the appeal is heard :
Provided that if a judgment is not ready for delivery before the conclusion
of the sittings it may be sent to the Registrar of the Court in the Territory
where the appeal was heard and may be read by any Judge of the Court and
the Registrar shall enter judgment accordingly. Such judgment shall be as
effective in all respects as if it had been delivered at a sitting of the Court.
Register of 10. The Registrar in each Colony shall keep separate registers of all
abrouht. civil and criminal appeals brought before the Court including in the criminal
appeal register notices of application for leave to appeal.
2







B 23,


11. The forms set out in Appendices A and C to these rules, or forms as Forms in
Sthereto as circumstances permit, shall be used in all cases to which such Appendices
mns are applicable. A and C to
be used.
L.-CIVIL APPEALS
12. (1) All appeals shall be by way of rehearing and shall be brought
notice (hereinafter called the notice of appeal ") to be filed in the grounds of
gistry of the Court below which shall set forth the grounds of appeal, shall appeal.
te whether the whole or part only of the decision of the Court below is CivilForm 1.
miplained of (in the latter case specifying such part) and shall state also the
Ore of the relief sought and the names and addresses of all parties directly
scted by the appeal, and shall be accompanied by a sufficient numberof
jics for service on all such parties.
(2) If the grounds of appeal allege misdirection or error in law particulars
the misdirection or error shall be clearly stated.
(3) The grounds of appeal shall set out concisely and under distinct
ads the grounds upon which the appellant intends to rely at the hearing
the appeal without any argument or narrative and shall be numbered
nsecutively.
(4) No ground which is vague or general iii terms or which discloses no
isonable ground of appeal shall be permitted, save the general ground that
e judgment is against the weight of the evidence, and any ground of appeal
any part thereof which is not permitted under this rule may be struck out
the Court of its own motion or on application by the respondent.
(5) The appellant shall not without the leave of the Court urge or be
ard in support of any ground of objection not mentioned in the notice of
peal, but the Court may in its discretion allow the appellant to amend the
;mnds of appeal upon payment of the fees prescribed for making such
lendment and upon such terms as the Court may deem just.
(6) Notwithstanding the foregoing provisions the Court in deciding the
eal shall not be confined to the grounds set forth by the appellant :
Provided that the Court shall not rest its decision on any ground not set
.th by the appellant unless the respondent has had sufficient opportunity
contesting the case on that ground.
13. (1) Where an appeal lies by special leave only any person desiring special
appeal shall apply to the Court by notice on motion for special leave within leave.
u.tcen days from the date of the decision against which leave to appeal is CivilForm 2.

(2) If special leave is granted the appellant shall file a notice of appeal
provided by rule 12 within fourteen days from the grant of special leave.
14. (1) Subject to any provision whiich may be made by the legislature Time limits
any Territory no appeal shall be brought after the expiration of fourteen for
.ys in the case of an appeal against an interlocutor decision or of three appealing.
.1 s in the case of an appeal against a final decision, unless the Court
lo-w or the Court shall enlarge the time.
(2) The prescribed period for appeal shall be calculated from the date of
.c decision appealed against :







B24
Provided that where there is no appeal as of right the prescribed period
shall be calculated from the date upon which special leave to appeal is granted
(3) An appeal shall be deemed to have been brought when the noti
of appeal has been filed in the Registry of the Court below.
(4) No application for enlargement of time in which to appeal shall b
made after the expiration of one month from the expiration of the ti
prescribed within which an appeal may be brought. Every such application
shall be supported by an affidavit setting forth good and substantial reaso
for the application and by grounds of appeal which prima fade show goo
cause for leave to be granted. Any such application may be made to th
Court or to the Court below (in which case the decision of the Court belo
shall be final) and when time is so enlarged a copy of the order granting sue
enlargement shall be annexed to the notice of appeal.
Notice of 15. The Registrar of the Court below shall after the notice of appeal ha
appeal. On been filed, cause to be served a true copy thereof upon each of the parties
whom served, mentioned in the notice of appeal. It shall not be necessary to serve an
party not directly affected :
Provided that the Court may direct notice to be served on all or an
parties to the action or other proceeding or upon any person not a part
and in the meantime may postpone or adjourn the hearing of the appeal upo
such terms as may be just and make such order as might have been made i
the persons served with such notice had been originally parties to the appea

Settling 16. (1) The Registrar of the Court below shall upon an appeal bein
record of brought summon the parties before him to settle the documents whichc
appeal. expression shall include any other matter which may form part of a record
CivilForm 3. to be included in the record and shall, whether any of the parties attend th
appointment or not, settle and sign and in due course file a list of suc
documents.
(2) The Registrar, as well as the parties, shall endeavour to exclud
from the record all documents (more particularly such as are merely formal
that are not relevant to the subject matter of the appeal and generally t
reduce the bulk of the record as far as practicable, taking special care to avoi
duplication of documents and unnecessary repetition of headings and othe
merely formal parts of documents; but the documents omitted to be copie
shall be enumerated in a list at the end of the record.
(3) If the Registrar or any party objects to the inclusion of a document
on the ground that it is unnecessary or irrelevant and the other party never
theless insists upon its being included, the document shall be included an
the record shall, with a view to the subsequent adjustment of the costs o
and incidental to the inclusion of such document, indicate in the index o
papers or otherwise the fact that, and the party by whom, the inclusion of th
document was objected.
(4) The appellant shall within such time as the Registrar directs deposi
with him a sum fixed to cover the estimated expense of making up an
forwarding the record of appeal calculated at the full cost of one copy for th
appellant and one-quarter cost for each of the three copies for the use of the
Court.
4


* 3; .**







B'25


17. The appellant shall within such time as the Registrar of the Court Security for
below shall fix, deposit such sum as shall be determined by such Registrar ciSForm 4.
or give security therefore by bond with one or more sureties to his satisfaction
as such Registrar may direct for the due prosecution of the appeal and for
the payment of any costs which may be ordered to be paid by the appellant.
18. The Court may, where necessary, require security for costs or for Additional
performance of the orders to be made on appeal, in addition to the sum security for
determined under rule 17. costs.
19. (1) The Registrar of the Court below shall transmit the record Transmis-
when ready together with- reonrd.
(a) a certificate of service of the notice of appeal; Civil Form 5.
(b) a certificate that the conditions imposed under rules 16 (4) and 17 Civil Form 6.
have been fulfilled;
(c) three copies of the record for the use of the Judges;
(d) the docket or file of the case in the Court below containing all papers
or documents filed by the parties in connection therewith.
(2) The Registrar shall also cause to be served on all parties mentioned Civil Form7.
in the notice of appeal a notice that the record has been forwarded to the
Registrar of the Court in the Territory who shall in due course enter the
appeal in the cause list mentioned in rule 7 (1).
20. (1) It shall not be necessary for the respondent to give notice of Notice by
motion by way of cross-appeal; but if a respondent intends upon the hearing respondent
of the appeal to contend that the decision of the Court below should be thatjudg-
varied, he shall within one month after service upon him of the notice of meant should
appeal cause written notice of such intention to be given to every party who be varied.
may be affected by such contention. In such notice the respondent shall Civil Form 8.
clearly state the grounds on which he intends to rely and within the same
period shall file with the Registrar of the Court below four copies of such
notice, one of which shall be included in the record and the other three copies
provided for the use of the Judges.
(2) Omission to give such notice shall not diminish any powers of the
Court but may in the discretion of the Court be a ground for postponement
or adjournment of the appeal upon such terms as to costs or otherwise as
may be just.
21. (1) A respondent intending to rely upon a preliminary objection to Notice of
the hearing of the appeal shall give the appellant three clear days' notice preliminary
thereof before the hearing setting out the grounds of objection and shall file be filed.
such notice together with four copies thereof with the Registrar of the Court CivilForm 9.
within the same time.
(2) If the respondent fails to comply with this rule the Court may refuse
to entertain the objection or may adjourn the hearing thereof at the cost of the
respondent or may make such other order as it thinks fit.
22. Subject to the provisions of rule 20, if the appellant files with the Withdrawal
Registrar a notice of withdrawal of his appeal the Registrar shall certify C peal
that fact to the Court, which may thereupon order that the appeal be dismissed form 10.
with or without costs. Copies of the notice of withdrawal shall at the expense Civil
Form 11.







B 26


of the appellant be served on all or any of the parties with regard to whom t'-
appellant wishes to withdraw his appeal, and any party so served shall kL
precluded from laying claim to any costs incurred by him after such s'-
unless the Court shall otherwise order.
Any party served with a notice of withdrawal may on notice to the
appellant apply to the Court for an order to recover such costs as he may
necessarily or reasonably have incurred prior to the service on him of (ie
notice of withdrawal together with his costs incurred for purposes of ctA g
the order and for attending upon the Court.
Non-com-
pliance with 23. (1) If the appellant has complied with none of the requirements of
conditions of rules 16 (4) and 17 the Registrar of the Court below shall certify such f:._
appeal. to that Court, which may thereupon order that the appeal be dismissed with
Civil
Form 12. or without costs.
(2) If the respondent alleges that the appellant has failed to comply with
a part of the requirements of rule 12, 16 (4) or 17 the Court, if satisfied that
the appellant has so failed, may dismiss the appeal for want of due prosecution
or make such other order as the justice of the case may require.
(3) An appellant whose appeal has been dismissed under this rule may
apply by notice of motion that his appeal be restored and the Court may I
its discretion for good and sufficient cause order that such appeal be ri .i.cd
upon such terms as it may think fit.
Exhibits. 24. (1) Subject as hereinafter provided, each party shall, imrd::iatly
after an appeal becomes pending before the Court, deliver to the Cc t
below all documents (being exhibits in the case or which were tendered a-
exhibits and ejected) which are in his custody or were produced or put in by
him at the trial.
(2) Subject as hereinafter provided, each party to an appeal shall be
prepared to produce at the hearing of the appeal all exhibits, other than
documents, which are in his custody or were produced or put in by him ai
the trial.
(3) In case any party finds it difficult to comply with the p-z 3
provisions of this rule owing to the nature of the document or other exhibit
or owing to its being in possession of a third party or for any other reason he
may apply to the Registrar of the Court below for directions.
(4) The Registrar of the Court below may, either of his own motion or
upon application, give any direction he sees fit, whether dispensing with the
provisions of this rule or modifying its application in any way or for securing
compliance with it.
(5) All original documents delivered to the Court below under this rule
shall remain in the custody of the Court below until the record of appeal has
been prepared, and shall then be forwarded with the record to the Registrar
in the Territory in which the appeal is to be heard and shall remain in the
custody of the Court until the determination of the appeal :
Provided that the Court or Registrar may allow the return of any
document to any party pending the hearing of the appeal and subject to such
conditions as it or he may impose.







B:27

25. After an appeal has been entered and until it has been finally disposed (onol ol
of, the Court shall be seized of the whole of the proceedings as between the proceedings
parties thereto, and every application therein shall be made to the Court during
and not to the the Court below, but any application may be filed in the Court pendency of
below for transmission to the Court. appeal.
26. At any time before hearing of the appeal any party to the appeal may Submissions
file a declaration in writing that he does not wish to be present in person or by by party not
Counsel on the hearing of the appeal together with four copies of such appearing.
arguments as he desires to submit to the Court, of which one copy shall be Civil
supplied to the other party at the appropriate stage of the hearing and the Form 13.
appeal shall be dealt with as if the party had appeared.
27. (1) If the appellant fails to appear when his appeal is called on for Non-appear-
hearing and has not taken action under rule 26 the appeal may be struck anceof
out or dj missed with or without costs. appellant.
(2) When an appeal has been struck out owing to the non-appearance of
the appellant the Court may, if it thinks fit, and on such terms as to costs
or otherwise as it may deem just, direct the appeal to be re-entered for hearing.
28. If the respondent fails to appear when the appeal is called on for Non-appear-
hearing and has not taken action under rule 26 the Court may proceed to hear ance of
the appeal ex parole. respondent.
29. (1) Where an appeal has been heard ex parte under rule 28 and any Application
judgment has been given therein adverse to the respondent he may apply to to set aside
the Court to set aside such judgment and to re-hear the appeal. ex part
judgment.
(2) No application to set aside and re-hear under this rule shall be made
after the expiration of twenty-one days from the date of the judgment sought
to be set aside :
Provided that a respondent who has failed within the period of twenty-
one days to make application under this rule may nevertheless at any time
within a further period of three months thereafter apply to the Court on
notice to the appellant to set aside such judgment, and the Court if satisfied
that good and sufficient cause has been shown for the application being out
of time, may grant the application and make such order in relation thereto
or as to costs as it may deem meet in the circumstances.
(3) Any such application shall be by motion accompanied by an affidavit
setting forth the reasons and grounds for the application and the Court may
thereupon in its discretion set aside the judgment and order that the appeal
be re-heard at such time and upon such conditions as to costs or otherwise
as it may think fit.
30. It is not open as of right to any party to an appeal to adduce new Ne
evidence in support of his original case ; but, for the furtherance of justice, evidence on
the Court may, where it thinks fit, allow or require new evidence to be adduced, appeal.
Such evidence to be either by oral examination in Court by affidavit or by
deposition taken before an examiner or commissioner as the Court may direct.
A party may, by leave of the Court allege any fcets essential to the issue that
have come to his knowledge after the decision of the Court below and adduce
evidence in support of such allegations.







B28
Appeal: no 31. An appeal shall not operate as a stay of execution or of proceedings
sta i of under the judgment or decision appealed from except so far as the Court
unless below or the Court may order, and no intermediate act or proceeding shall
ordered, be invalidated, except so far as the Court below or the Court may direct.
Court to 32. Whenever under these rules an application may be made either to
which appli- the Court below or to the Court it shall be made in the first instance to the
should be Court below, but if the Court below refuses the application the applicant shall
made. subject to the provisions of rule 14 (5) be entitled to have the application
determined by the Court.
Determina- 33. Whenever any doubt arises as to whether any judgment or order is
tion of doubt final or interlocutory, the question may be determined summarily by the Court
of judgment. below or by the Court and any such determination by the Court below shall,
notwithstanding the provisions of rule 32, be deemed to be final and binding
on all parties for the purpose of determining the time within which an appeal
may be brought.
Interlocutory 34. No interlocutory judgment or order from which there has been no
judgment not
to prejudice appeal shall operate so as to bar or prejudice the Court from giving such
appeal. decision upon the appeal as may seem just.
General 35. The Court may from time to time make any order necessary for
powers of the determining the real question in controversy in the appeal, and may amend any
Court. defect or error in the record of appeal, and may direct the Court below to
enquire into and certify its finding on any question which the Court thinks
fit to determine before final judgment in the appeal, and may make any
interim order or grant any injunction which the Court below is authorized to
make or grant and may direct any necessary enquiries or accounts to be made
or taken and generally shall have as full jurisdiction over the whole proceedings
as if the proceedings had been instituted and prosecuted in the Court as a
Court of first instance, and may re-hear the whole case, or may remit it to the
Court below to be re-heard, or to be otherwise dealt with as the Court
directs.
Power of 36. The Court shall have power to give any judgment and make any
Court to give order that ought to have been made, and to make such further or other order
any judg-
ment and as the case may require including any order as to costs. These powers may
make any be exercised by the Court, notwithstanding that the appellant may have asked
order, that part only of a decision may be reversed or varied, and may also be exercised
in favour of all or any of the respondents or parties, although such respondents
or parties may not have appealed from or complained of the decision.
Review of 37. The Court shall not review any judgment once given and delivered
judgment. by it save and except in accordance with the practice of the Court of Appeal
in England.
Costs. 38. (1) Where the costs of an appeal are allowed they may either be
fixed by the Court at the time when the judgment is given or may be ordered
to be taxed.
Civil (2) The Registrar shall be the Taxing Officer and all such costs shall be
Form 14. taxed by him according to the rules for the time being in force in the Territory
from which the appeal is brought :
Civil Provided that any costs incurred by way of fees as prescribed in Appendix
Form 15. B shall be taxed in accordance therewith.







B 29


(3) Any person aggrieved by any order, decision or ruling of the Taxing
Officer may apply to the Court to set aside such order, decision or ruling and
to make such further order as it may think fit.
(4) Any application to the Court under the foregoing sub-rule shall be
by motion accompanied by an affidavit in support and notice of such motion
shall be served upon the Taxing Officer and upon all parties having interest
therein.
39. Any judgment given by the Court may be enforced by the Court or Enforcement
by the Court below or by any other Court which has been seized of the matter, of
as the Court may direct. judgments.

40. When the Court directs any judgment to be enforced by another Execution of
Court, a certificate under the seal of the Court and the hand of the presiding judgment by
Court below.
Judge setting forth the judgment shall be transmitted by the Registrar to Civil
such other Court, and the latter shall enforce such judgment in terms of the Form 16.
certificate.

41. (1) Save as hereinafter provided, the fees prescribed in Appendix B Fees.
shall be charged in respect of the matters to which they are respectively
assigned, and shall be paid to the Registrar of the Court below or the Registrar
of the Court, as the case may be.
(2) No fee shall be payable in respect of any matter where such fee
would be payable by the Crown or any Governmeit Department :
Provided that when any person is ordered to pay the costs of the Crown
or any Government Department in any case, all fees which would have been
payable but for the provisions of this sub-rule shall be taken as having been
paid and shall be recoverable from'such person.
(3) The Court below or the Court may, on account of the poverty of any
party (although such party may not have been formally admitted to sue or
defend as a pauper) or for other sufficient reason dispense, if it sees fit, with
payment of any fees if the circumstances of the case so require.

42. Where no other provision is made by these rules the procedure and Matters not
practice for the time being in force in the Supreme Court in England shall expressly
apply in so far as it is not inconsistent with these rules, and the forms in use provided for.
therein may be used with such adaptations as are necessary.

II.-CRIMINAL APPEALS
43. A person desiring to appeal to the Court against conviction or Obligationon
sentence shall commence his appeal by sending to the Registrar of the Court appellant to
below a notice of appeal or notice of application for leave to appeal or notice fill up forms
of application for extension of time within which such notice shall be given, notices and
as the case may be, in the form of such notices respectively in Forms 1 to 4 answer ques-
or 6 in Appendix C, and in the notice or notices so sent shall answer the tionsthereon.
questions and comply with the requirements set forth thereon. The answers Criminal
Forms 1-4
to the questions which an appellant is by this rule required to make in support and 6.
of his request to be present at the hearing of his appeal shall be deemed to be
applications to the Court in such matter.







B30
Judge's
certificate.
Criminal
Form 5.


44. The Judge of the Court below may, in any case in which he considers
it desirable so to do, inform the person convicted before or sentenced by
him that the case is in his opinion one fit for an appeal to the Court, and may
give to such person a certificate to that effect.


Notices of 45. (I) Every notice of appeal or notice of application for leave to appeal
appeal, or notice of application for extension of time within which such notice shall
be given shall be signed by the appellant himself, except under the provisions
of sub-rules (4) and (5) of this rule.
Any other notice required or authorised to be given shall be in writing
and signed by the person giving the same or by his legal representative.
All notices required or authorized to be given shall be addressed to the
Registrar of the Court below to be forwarded by him to the Registrar of the
Court.
How notices, (2) Any notice or other document which is required or authorised to be
etc., may be given or sent shall be deemed to be duly given or sent if forwarded by
given or entregistered post addressed to the person to whom such notice or other
document is so required or authorised to be given or sent.
Where (3) When an appellant or any other person authorised or required to
appellant give or send any notice of appeal or notice of any application is unable to
unable to
write, write, he may affix his mark thereto in the presence of a witness who shall
attest the same, and thereupon such notice shall be deemed to be duly signed
by such appellant.
Where (4) Where, on the trial of a person entitled to appeal, it has been
question contended that he was not responsible according to law for his actions on the
of insanity
involved. ground that he was insane at the time the act was done or the omission made
by him, any notice required to be given and signed by the appellant himself
may be given and signed by his legal representative.
Notice, etc., (5) In the case of a body corporate where any notice or other document
on behalf of is required to be signed by the appellant himself, it shall be sufficient
corporations. compliance therewith if such notice or other document is signed by the
secretary, clerk, manager or legal representative of such body corporate.
Notice of 46. An application to the Court for an extension of time within which
orextension notices may be given shall be in Form 4 in Appendix C. Every person
of time for making an application for such extension of time shall send to the Registrar,
appealing, together with the proper form of such application, a form, duly filled up, of
notice of appeal, or of notice of application for leave to appeal, appropriate
to the ground or grounds upon which lie desires to question his conviction
or sentence, as the case may be.
Forwarding 47. (1) The Registrar of the Court below when he has received a notice
proceedings of appeal or a notice of application for leave to appeal, or a notice of applica-
in Court tion for extension of the time within which such notice shall be given, shall
below to forward to the Registrar four copies of the proceedings in the Court below
Registrar. and if any record has been made of the summing up or direction of the Judge
four copies thereof or if no such record has been made, a statement giving
to the best of the Judge's recollection the substance of the summing up or
direction. He shall also forward the original exhibits in the case as far as
practicable and any original depositions, information, inquisition, plea, or
other documents usually kept by him, or forming part of the record of the
Court below.









B 31


(2) The Court or Registrar may allow the return of any document to
any party pending the hearing of the appeal and subject to such conditions
as it or he may impose. Procedure on
48. Where any application has been dealt with by a single Judge the decision of
Registrar shall notify to the appellant the decision in Form 7 in Appendix C. application
In the event of such Judge refusing all or any of such applications the Registrar giminaldge.
on notifying such refusal to the appellant shall forward to him Form 8 in Form 7.
Appendix C which form the appellant is required to fill up and forthwith Criminal
return to the Registrar. If the appellant does not desire to have the said Form 8.
application or applications determined by the Court as duly constituted for
the hearing of appeals or does not return within five days to the Registrar
Form 8 duly filled up by him the refusal of his application or applications by
such Judge shall be final. Notice of
49. Where the Court has, on a notice of application for leave to appeal application
duly served and in Form 2 or 3 in Appendix C, given an appellant leave to for leave to
appeal, it shall not be necessary for such appellant to give any notice of appeal appeal.
but the notice of application for leave to appeal shall in such case be deemed
to be a notice of appeal. Abandon-
50. (1) An appellant at any time after he has duly served notice of appeal ment of
or of application for leave to appeal, or of application for extension of time appeal.
within which such notice shall be given, may abandon his appeal by giving Criminal
notice of abandonment thereof in Form 9 in Appendix C to the Registrar, Form9.
and upon such notice being given the appeal shall be deemed to have been
dismissed by the Court.
(2) Upon the receipt of a notice of abandonment duly completed and
signed or marked by the appellant or the party authorised to sign notices
under rule 45 (d) or (e) the Registrar of the Court shall give notices thereof in Criminal
Form 10 to Appendix C to the Colonial Secretary or the Chief Secretary to Form 10.
Government (as the case may be) for the information of the Governor, the
Respondent, the Prison authority and the Registrar of the Court below and
shall return to the latter any original documents and exhibits received from
him.
Notice of
51. An appellant (other than one convicted of an offence involving abandon-
sentence of death) who has abandoned his appeal may, in special cases, with ment of
the leave of the Court, withdraw his notice of abandonment by filling up appeal may
Form 11 in Appendix C together with Form 4 (Notice of Application for bewith-
drawn.
Extension of time within which to appeal) and sending them to the Registrar. Criminal
Form 11.
Person in
52. (1) Where a person has, on his conviction, been sentenced to custodyin
payment of a fine, and in default of payment to imprisonment, and such default of
person remains in custody in default of payment of the fine, he shall be payment of
deemed, for purposes of appeal, to be a person sentenced to imprisonment. fine.
(2) Where any person has been convicted and is thereupon sentenced to ourt f trial
the payment of a fine, and, in default of such payment, to imprisonment, to impose
and he intimates to the Judge of the Court below that he is desirous of recogni-
appealing against his conviction, the Judge may, if he thinks right so to do, sances.
order such person forthwith to enter into recognisances in such amount,
and with or without sureties in such amount, as the Judge may think right,
to prosecute his appeal, and subject thereto may order that payment of the
11









B32

said fine shall be made at the final determination of his said appeal, if the
same is dismissed, to the Registrar of the Court below, or as the Court
Criminal may then order. The recognisances under this rule shall be in Forms 12
Forms 12 and 13.
and 13. The Registrar of the Court below shall forward the recognisances of
the appellant and his surety or sureties to the Registrar of the Court.
Appellant (3) If an appellant to whom sub-rule (2) of this rule applies does not
committing serve in accordance with these rules a notice of appeal or of abandonment
recognisance. of his appeal within ten days from the date of his conviction or sentence,
Sthe Registrar of the Court below shall report such omission to the Court,
Criminal who may, after notice in Forms 14 and 15 in Appendix C has been given to
Forms 14
and 15. the appellant and his sureties, if any, order an estreat of the recognisances of
the appellant and his sureties, and may issue a warrant for the apprehension
of the appellant and may commit him to prison in default of payment of
his fine, or may make such other order as they think right.
Repayment (4) An appellant who has been sentenced to the payment of a fine, and
of fine on has paid the same or part thereof in accordance with such sentence, shall,
success of
appeal. in the event of his appeal being successful, be entitled, subject to any order
of the Court, to the return of the sum or any part thereof so paid by him.
Varying 53. Where, upon the trial of a person entitled to appeal against his
order of conviction, an order of restitution of any property to any person has been
property, made by the Judge of the Court below, the person in whose favour or against
whom the order of restitution has been made, and, with the leave of the
Court, any other person, shall, on the final hearing by the Court of an
appeal against his conviction on which such order or restitution was made,
be entitled to be heard by the Court before any order annulling or varying
such order of restitution is made.
Temporary 54. (1) Where on the conviction of a person, the Judge of the Court
suspension def below makes an order condemning such person to the payment of the
on conviction whole or any part of the costs and expenses of the prosecution for the
as to money, offence of which he shall be convicted out of any moneys taken from such
rewards, person on his apprehension or otherwise, or where such Judge lawfully
costs, etc. orders a reward to any person who shall appear to have been active in the
apprehension of any such convicted person (or where such Judge makes
any order under section 74 of the Offences Against the Person Act, 1861
(24 and 25 Vict. c. 100) or under section 9 of the Criminal Law Amendment
Act, 1867 (30 and 31 Vict. c. 35), or where such Judge makes any order
awarding to any person aggrieved any sum of money to be paid by such
convicted person under the Forfeiture Act, 1870 (33 and 34 Vict. c. 23)) or
where such Judge lawfully makes on the conviction of any person before
him any order for the payment of money by such convicted person or by any
other person or any order affecting the rights or property of such convicted
person, the operation or such orders shall in any of such cases be suspended
when notice of appeal or notice of application for leave to appeal is given
until the determination of the appeal against the conviction in relation to
which they were made or until abandonment of the appeal under rule 50 (1).
The Court may by order annul any order to which this rule refers on the
determination of any appeal, or may vary such order, and such order, if
annulled, shall not take effect, and, if varied, shall take effect as so varied.









B 33


(2) Where, upon conviction of any person of any offence any dis- Suspension
qualification, forfeiture or disability attaches to such person by reason ofdisqualifi-
of such conviction, such disqualification, forfeiture or disability shall be caioeen
suspended (when notice of appeal or notice of application for leave to appeal on
is given) until the determination thereof. (This rule shall not affect the conviction.
provisions of section 8 of the Forfziture Act, 1870 (33 and 34 Vict. c. 23)).
(3) Where on a conviction any property, matters or things the subject of Suspension
the prosecution or connected therewith are to be or may be ordered to be of order for
destroyed or forfeited under the provision of any law, the destruction esforfeiture
or forfeiture or order for Idestruction or forfeiture thereof shall be suspended of property.
when notice of appeal or notice of application for leave to appeal is given
until the determination thereof by the Court.
(4) Where, upon conviction of any person of any offence, any claim Suspension
may be made or any proceedings may be taken under any law against such of proceed-
person or any other person in consequence of such conviction, such pro- in's or
ceedings shall not be taken when notice of appeal or notice of application for consequent
leave to appeal is given until the determination thereof. on
Any person affected by any orders which are suspended under this coiction.
rule may, with the leave of the Court, be heard on the final determination
of any appeal, before any such orders are varied or annulled by the Court.

55. (1) Where any trial is had with a jury or assessors and, by direction Records of
of the Trial Judge a record is made by some mechanical or electrical device summing up.
of any summing up or direction of the Judge, such record shall be accepted
by the Court as accurate unless the Court has reason to doubt its accuracy.
(2) Where in such a trial a record of any summing up or direction is
otherwise made, by direction of the trial Judge, either in long-hand or
shorthand, such record shall be accepted by the Court as accurate subject
to any corrections or additions which the trial Judge may certify ought to
be made in order to render the record accurate.
(3) Where in such a trial the trial Judge does not give any directions
for recording any summing up or direction given by him, his statement
shall be accepted as accurate unless the Court sees reason to the contrary.
56. (1) The Registrar shall, if in relation to any appeal the Court Reportof
directs him so to do, request the trial Judge to furnish him with a report Judgeof
in writing, giving his opinion upon the case generally or upon any point turt of
arising upon the case of the appellant, and the trial Judge shall furnish the
same to the Registrar.
(2) The report of the Judge shall be made to the Court, and, the Registrar
shall on request, furnish a copy thereof to the Appellant and Respondent.

57. When the Registrar requests the trial Judge to furnish a report Furnishing
under these rules, he shall send to such Judge a copy of the notice of appeal Judge of
or notice of application for leave to appeal or any other document or Court of
Trial with
information which he shall consider material, or which the Court at any materials for
time shall direct him to send or with which such Judge may request to be report.
furnished by the Registrar, to enable such Judge to deal in his report with
the appellant's case generally or with any point arising thereon.

13











Procedure 58. Where the Judge of the Court below reserves a question of law for
where the consideration of the Court, the person convicted shall for the purposes
question of
law reserved, of these rules be deemed to be an appellant.
Appellant 59. (1) Where the Court or the Court below admits an appellant to
and surety 's bail pending the determination of his appeal on an application by him duly
seances before made, the Court shall specify the amounts in which the appellant and his
whom to be surety or sureties (unless the Court directs that no surety is required) shall
taken. be bound by recognisance, and shall direct, if it thinks right so to do, before
whom the recognisances of the appellant and his surety or sureties (if any)
may be taken.
(2) In the event of such Court not making any special order or giving
any special directions under this rule, the recognisances of the appellant
and of his surety or sureties (if any) may be taken before a magistrate.
Form of (3) The recognisances provided for in this rule shall be in Forms 16
recognisan- and 17 in Appendix C.
ces. Criminal
Forms 16 (4) The Registrar of the Court below shall forward the recognisances
and 17. of the appellant and his surety or sureties to the Registrar.
Presence of (5) An appellant who has been admitted to bail shall be personally
appellant on present at each and every eain of his appeal and at the final determination
bail at
hearing of thereof. The Court may, in the ceent of such appellant not being present
his appeal. at any hearing of his appeal, if they think right so to do, decline to consider
the appeal, and may proceed summarily to dismiss the same, and may issue
a warrant for the apprehension of the appellant in Form 18 in Appendix.
Provided that the Court may consider the appeal in his absence, or
make such other order as they think fit.
Varying (6) When an appellant is present before the Court, the Court may, on
orderor an application made by any person or, if they think right so to do, without
any application, make any order admitting the appellant to bail, or revoke or
vary any such order previously made, or enlarge from time to time the
recognisances of the appellant or of his sureties or substitute any other surety
for a surety previously bound as they think right.
Power to (7) At any time after an appellant has been released on bail, the Court or,
revoke order where the appellant was released on bail by the Court before which he was
S convicted, the said Court may, if satisfied that it is in the interest of justice
Criminal so to do, revoke the order admitting to bail, and issue a warrant in Form 18
Form 18. in Appendix C for his apprehension, and order him to be committed to
prison.
Notification 60. (1) On the final determination of any appeal or of any application
offinaldeter- to the Court, the Registrar shall give to the appellant, if he be in custody
appeals and has not been present at such final determination, and to the respondent
Criminal and the Prison authority notice of such determination in Forms 19, 20, 21
Forms 19-22. and 22 in Appendix C.
Notification (2) In any case of an appeal in relation to a conviction involving
of appeal in sentence of death, the Registrar shall on receiving the notice of appeal or
capital cases, of any application for leave to appeal, send copies thereof to the Colonial
Secretary or the Chief Secretary to the Government, as the case may be,
for the information of the Governor and to the Prison authority, and on the









B 35


final determination of any such appeal by the Court shall forthwith notify
the appellant, the Governor through the Colonial Secretary or the Chief
Secretary to the Government, as the case may be, the Respondent and the
Prison authority thereof.
61. (1) The Registrar at the final determination of an appeal shall Notification
notify in such manner as he thinks most convenient to the Registrar of the of result of
Court below the decision of the Court in relation thereto and also any orders appeal.
or directions made or given by the Court in relation to such appeal or any
matter connected therewith.
(2) The Registrar of the Court below shall on receiving the notification Entry of
decision of
referred to in this rule enter the particulars thereof on the records of such Court on
Court. Records.
62. Any order given or made by the Court may be enforced by the Enforcement
Court or by the Court below as may be most expedient. of Orders,
etc.
63. The Registrar of the Court below sha not issue, under any law Restrictions
authorising him so to do, a certificate of conviction of any person convicted on issue of
certificate on
in the Court below if notice of appeal or notice of application for leave conviction.
to appeal is given, until the determination or abandonment thereof.

64. Upon the final determination of an appeal for the purposes of which Return of
the Registrar has obtained from the Registrar of the Court below any original depositions
depositions, exhibits, information, inquisition, plea, or other documents etc.
usually kept by the said Registrar, or forming part of the record of the Court
below, the Registrar shall, where practicable, cause the same to be returned
to the Registrar of the Court below.
65. At any time after notice of appeal or notice of application for leave Copies of
to appeal has been given, the appellant may obtain from the Registrar of the record, etc.,
for appellant.
Court below copies of the record and of any documents or exhibits in his for
possession for the purposes of such appeal. Such copies shall be supplied
by the Registrar of the Court below at the rate of one shilling for the first
folio and sixpence for each subsequent folio.
Provided that the Court or the Court below may direct that the appellant
be supplied with such copies free of charge.
66. (1) Where the Court has ordered any witness to attend and be Attendance
examined before the Court an order in Form 23 in Appendix C shall be served of witness
before the
upon such witness specifying the time and place at which to attend for such Court.
purpose. Criminal
Form 23.
(2) Such order may be made on the application at any time of the Application
appellant or respondent, but if the appellant is in custody and not legally to Court to
represented the application shall be made by him in Form 24 in Appendix C. hear
witnesses.
Criminal
Form 24.
(3) Where the Court orders the examination of any witness to be Order
conducted otherwise than before the Court itself, such order shall specify appointing
the person appointed as examiner to take and the place of taking such exami- examiner,
nation and the witness or witnesses to be examined threat.









B 36

Furnishing (4) The Registrar shall furnish to the person appointed to take such
examiner examination any documents or exhibits and any other material relating to
etc.h the said appeal as and when requested to do so. Such documents and exhibits
necessary for and other material shall after the examination has been concluded be returned
examination, by the examiner, together with any depositions taken by him under this
rule to the Registrar.
Notification (5) When the examiner has appointed the day and time for the
of date of examination he shall request the Registrar to notify the appellant or respon-
examinationdent and their legal representatives, if any, and when the appellant is in
prison, the Prison authority thereof. The Registrar shall cause to be
Criminal served on every witness to be examined a notice in Form 25 in Appendix C.
Form 25.
Evidence to (6) Every witness examined before an examiner under this rule shall
be taken on give his evidence upon oath to be administered by such examiner, except
oath. where any such witness if giving evidence as a witness on a trial on
information need not be sworn.
Deposition (7) The examination of every such witness shall be taken in the form of
of witness a deposition and unless otherwise ordered shall be taken in private. The
taken e caption in Form 26 in Appendix C shall be attached to any such deposition.
Criminal
Form 26.
Expenses of
witnesses (8) Where any witness shall receive an order or notice to attend before
before the Court or an examiner, the Registrar may, if it appears to him necessary
examiner, so to do, pay to such witness a reasonable sum for his expenses.
partesenc of (9) The appellant and his legal representative (if any) and the respondent
examination shall be entitled to be present at and take part in any examination of any
of witnesses, witness to which this rule relates.
Proceedings
on reference. 67. When an order of reference is made by the Court to a special
commissioner, the question to be referred, and the person to whom as special
commissioner the same shal ibe referred, shall be specified in such order.
The Court may in such order or by giving directions as and when they from
time to time shall think right, specify whether the appellant or respondent
or any person on their behalf may be present at any examination or
investigation or at any stage thereof as may be ordered, and specify any and
what powers of the Court may be delegated to such special commissioner,
and may require him from time to time to make interim reports to the
Court upon the question referred to him, and may, if the appellant is in
custody, give leave to him to be present at any stage of such examination or
investigation and give the necessary directions to the Prison authority
accordingly, and may give directions to the Registrar that copies of any
report made by such special commissioner shall be furnished to the appellant
and respondent.
Waiver of 68. Non-compliance on the part of an appellant with these rules or
non-compli- with any rule of practice for the time being in force shall not prevent the
ancewith further prosecution of his appeal if the Court consider that such non-
compliance was not wilful, and that it is in the interests of justice that
non-compliance be waived. The Court may in such manner as they think
right, direct the appellant to remedy such non-compliance, and thereupon









B 37


the appeal shall proceed. The Registrar shall forthwith notify the appellant
of any directions given by the Court under this rule, where the appellant
was not present at the time when such directions were given.
69. On the hearing and determination of an appeal or any proceedings Costs of
preliminary or incidental thereto no costs shall be allowed on either side. appeal.
70. Unless the Court direct to the contrary in cases where, in the Judgments
opinion of the Court, the question is a question of law on which it would of the Court.
be convenient that separate judgments should be pronounced by the Judges
of the Court, the judgment of the Court shall be pronounced by the presiding
Judge or such other Judge of the Court hearing the appeal as he may direct,
and no judgment with respect to the determination of any question shall
be separately pronounced by any other member of the Court.
III.-REPEAL
71. The West African Court of Appeal Rules, 1937, and all rules Repeal.
amending the same are hereby repealed :
Provided always that the said repealed rules shall apply to all appeals
against orders, judgments, decisions or sentences made, delivered, given or
passed before the commencement of these rules.
MADE this 22nd day of June, 1950.
H. W. B. BLACKALL,
President
C. G. AMES,
Acting Chief Justice, Nigeria
A. C. SMITH.
Acting ChiefJustice, Gold Coast
APPROVED this 3rd day of August, 1950, to have effect from the 1st day
of January, 1951.
JAMES GRIFFITHS,
One of His Majesty's Principal
Secretaries of State
Objects and Reasons
These rules replace the West African Court of Appeal Rules, 1937,
which experience has shown to be somewhat cumbrous and defective in
certain respects.
2. The main change made by the new rules is the substitution of a
simple notice of appeal in cases where an appeal lies as of right, instead of the
procedure by way of conditional and final applications for leave. The
purpose of this is to simplify the procedure by avoiding a multiplicity of
applications to the Courts, thus saving both the time of the Judges and the
pockets of litigants. The procedure is adapted from the West Indian
Court of Appeal Rules, 1945, where it works very well.
3. Rule 21 is designed to deal with a practice which is not uncommon
in the West African Court of Appeal, viz., of counsel raising a preliminary
objection at the hearing, without any previous notice. This is not fair to
the other party or satisfactory to the Court, and this provision, which is also
taken from the West Indian Court of Appeal Rules, has been introduce to
deal with it.










4. Rule 33 is to obviate a hardship which sometimes occurs where an
appeal has been brought on the assumption that the order appealed against
was final, but which the Court subsequently holds to have been interlocutory.
In such case the appellant may find himself out of time for complying with
the conditions requisite for appealing against an interlocutory order.
5. There have been few changes in the rules relating to criminal appeals
but they have been re-arranged in a more convenient form.
6. In view of representations made by the West African Governments
and the increased cost of judicial administration, there has been some increase
in fees and a hearing fee on the lines of that payable in appeals before the
Privy Council, has been introduced.

H. W. B. BLACKALL,
President,
West African Court of Appeal
































18








B 39


APPENDIX A
CIVIL FORM 1
IN THE WEST AFRICAN COURT OF APPEAL

NOTICE OF APPEAL
(Rule 12)

Betw een..... .............................................................................................................. Plaintiff
and
................................................................................................................................................................... D e fe n d a n t

TAKE NOTICE that the plaintiff/defendant being dissatisfied with the
decision/that part of the decision more particularly stated in paragraph 2*
of the.................................. .... ................... court contained in the judgm ent/order*
of.................... ........................................ ................. dated th e................................d ay of....... ...................
19............dolh hereby appeal to the West African Court of Appeal upon the
grounds set out in paragraph 3 and will at the hearing of the appeal seek
the relief set out in paragraph 4.
And the Appellant further states that the names and addresses of the
persons directly affected by the appeal are those set out in paragraph 5.

2. Part of decision of the lower Court complained of : t

3. Grounds of Appeal:
(1)
(2)
(3), etc.

4. Relief sought from the West African Court of Appeal:

5. Persons directly affected by the appeal :
Name Address
(1)
(2)
(3), etc.

D A T ED th is .......................................... d ay of .............................. ......................................... .....


Appellant

Strike out words inapplicable.
If appealing against the whole decision insert Whole decision ".









B 401
CIVIL FORM 2
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE OF MOTION FOR SPECIAL LEAVE TO APPEAL
(Rule 13)
Betw een ... ..........P a ni............... ... .................................. Plaintiff
and
.... ....... ........ .................. .. ................. ............................... .. ...... ........................................ D efen d an t
TAKE NOTICE that the West African Court of Appeal at..........................................
w ill b e m oved on th e ............. ...... d ay of ........ .................. ........ ......... ... 19............
at.................... o'clock in the forenoon or as soon thereafter as counsel can
be heard on the hearing of an application for special leave to appeal against
the decision of the ..... ... ............... ........ ........ C ou rt........... ................... ..................
given on the ... da of......... ....................... 19...
AND further take notice that the grounds of this application are :-

D AT ED th is............................... d ay of.................... ... ........................ ......... 19 .............


Applicant or his Solicitor
To
The Registrar,
West African Court of Appeal,
A n d .............................. .... ......... ......... ..................... ................ .......... .................... ...........
Insert name of respondent.


CIVIL FORM 3
IN THE WEST AFRICAN COURT OF APPEAL
SUMMONS TO PARTIES BY REGISTRAR TO SETTLE RECORD
(Rule 16)
B etw e e n ...................................... ...... ................... ........................................ ................. A p p ella n t
and
............... ... ................... ...... ........ ..... ............... ............... ............... ......... R e sp o n d e n t
TAKE NOTICE that all parties concerned are required to attend before
m e at th e C ou rt O office at .. ...... ................................................... ............................
o n .... ........ .. .. ...... .... ........ .th e ... .... .............. ........... .... ......... d ay
of.. .......... .... ...... ., 19 ... ., at the hour of .. ....... .... ............... in the
..............................noon to proceed with settling of the record of appeal
herein.
D A T E D th is... ...... .... d ay o f. ...................... ................... ...... .. ...... ., 19 ...........

Registrar
To







B 41


CIVIL FORM 4
IN THE WEST AFRICAN COURT OF APPEAL
BOND FOR COSTS ON APPEAL
(Rule 17)

Know all men, by these presents, that we... .................................. Bond for
costs on
S........................................................................................... ...o f .... ..................... ....... A p p e a l.
an d ... ........................................... of .... .................
a n d ..................... ...... ........................................ ...... .. o f ...
are jointly and severally held and firmly bound to....................... .....
of......................................... ............. ...... in th e su m of... ... .......... ............... ...... p ou n d s
of lawful money to be paid to the said.......... ..... .. .................................. his
executors, administrators or assigns, for which payment well and truly to
be made, we bind ourselves, and each of us for himself, in the whole our
and every of our heirs, executors and administrators, firmly by these presents.

Sealed with our seals.

D AT ED th e ........................d ay of .................................................. .......... .................. in th e
year of our Lord, 19.............

WHEREAS a suit is now depending in the Court at......... ... ............
w h erein th e ab ove-b ou nd en ........................... ....... .................................... ................... .......
is P lain tiff an d th e said ............................................................................ ........ ...................................
is Defendant;

AND WHEREAS a judgment was given by the Court therein, on the
.. ................................ ... ........................................ d a y o ......................................... ............. ....... ..... ..
f o r t h e s a id ............ ........................................ ............................... ....... ............ .. ... ......
an d th e sa id ....................................... .. .... .... .. .. ........................ .... ....... ............... ... h as
filed Notice of Appeal from the said judgment;

AND WHEREAS it is by law provided that the party appealing shall give
security to the satisfaction of the Registrar of the Court below for the due
prosecution of the appeal and for the payment of any costs which may be
ordered to be paid by the appellant.
AND WHEREAS the above-named............................................................ .......
an d ............ ... ...................................................................................................... at th e re q u est
o f th e said ............................... ...... ............. ......... .......................................... h ave ag reed to en ter
into this obligation for the purposes aforesaid:

Now the condition of this obligation is such, that if the said....................................
...................................................... .......................... sh all duly prosecute th e appeal an d if the
a b o v e -b o u n d en ..... ............................. .. ......................... ................ .....an d ................................. ....... ......
any or either of them shall pay any costs which may be ordered to be paid
by the appellant this obligation shall be void, otherwise remain in full force.

Signed, sealed and delivered (L.S.)
in the presence of (L.S.)
J (L.S.)







B 42

CIVIL FORM 5
IN THE WEST AFRICAN COURT OF APPEAL
CERTIFICATE OF SERVICE OF NOTICE OF APPEAL
(Rule 19 (1) (a))
B etw een .................................... ...................................................... A pp ellant(s)
and
........................ .................. ................................................................................................... ............ R esp o n d en t(s)
I, the undersigned Registrar of the........ ............................. ..................Court
DO CERTIFY that notice of appeal in the above-named case was duly served
upon.. .............................. ............... ........... .....the R espondent
herein.
D ATED at....................................this.............. day of...................... .... ................ ... ....

Registrar

CIVIL FORM 6
IN THE WEST AFRICAN COURT OF APPEAL
CERTIFICATE OF REGISTRAR THAT CONDITIONS OF APPEAL
HAVE BEEN FULFILLED
(Rule 19 (1) (b))
B etw een .................................................................................. ... ........................... ..... ..................... A p p ellan t
and
....................... ............ ...... ............ ............... ........................... ........................................ ............ R e sp o n d e n t
I do hereby certify that the above-named Appellant has duly and
punctually complied with the conditions of appeal imposed on him in the
above-named case.
D A T E D th is .................................... d ay o f ......................................................................................... 1 9 ......
DATED this.......................... ...day of ......................... ...................

Registrar
The Registrar,
West African Court of Appeal.

CIVIL FORM 7
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE TO PARTIES OF DISPATCH OF RECORD
(Rule 19 (2))
Between............ ............................................................................Appellant
and
..................................................................................................................................................................... R e s p o n d e n t
TAKE NOTICE that the record in the above-named appeal has this day
been forwarded to the Registrar of the West African Court of Appeal.
D A TED th is ......................... ............................. d ay o f ........................................................... M ................

Registrar
To







B 43
CIVIL FORM 8
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE BY RESPONDENT OF INTENTION TO CONTEND
THAT DECISION OF COURT BELOW BE VARIED
(Rule 20)
B e tw e e n ....................................................................... .....................................................................A p p e lla n t
and
................................... ..................... ............................. ............... ........................... ......... R e sp o n d e n t
TAKE NOTICE that upon the hearing of the above appeal the Respondent
herein intends to contend that the decision of the Court below dated

th e.................................... d ay o f..... .. ............................ ...... .................. 19 ............ sh all b e v arie d
as follows :-*
AND TAKE NOTICE that the grounds on which the Respondent intends to
rely are as follows :-
1.
2.
3, etc.
D A T ED th is.............................................. d ay o f........... ......... .................... ........................... 19 ...........

Respondent

State the variation which will be asked for.

CIVIL FORM 9
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE BY RESPONDENT OF INTENTION TO RELY
UPON PRELIMINARY OBJECTION
(Rule 21 (1))
A ppeal N o............... ...... 19.......

B e tw e e n ............................................................ ................................................................................. A p p e lla n t
and
....................................................................... ........... .... .... ..... ............................. ......... R e s p o n d e n t
TAKE NOTICE that the Respondent herein named intends, at the hearing
of this appeal, to rely upon the following preliminary objection notice
whereof is hereby given to you, viz :
AND TAKE NOTICE that the grounds of the said objection are as follows :-
1.
2.
3, etc.
D AT ED th is......................... ................. d ay o f......... ............................. .. .......... . 1.... ........

Plaintiff/ Defendant-Respondent
To the above-named Plaintiff-Defendant-Appellant, His Solicitor or
Agent of







B 44


CIVIL FORM 10
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE OF WSITIIDRAWAL OF APPEAL
(Rule 22)
W .A .C .A C ivil A ppeal N o.....................................................
B etw een ................ ........... ........ ................. .... ... .... .. .......... .............. A p p ellan t(s)
and
.............. ... .............. ......... ..................... .. ........ ...R esp o n d en t(s)
TAKE NOTICE that the Appellant(s) herein intends) and doth hereby
wholly withdraw(s) his/their appeal against (all) the Respondent(s) in the
above-mentioned appeal.
D ATED at .... ........ ........this ................ ....... day of .............. ......... ........

Appellant(s)
The Registrar,
West African Court of Appeal.
And To

CIVIL FORM 11
IN THE WEST AFRICAN COURT OF APPEAL
CERTIFICATE BY REGISTRAR OF IWITIDRAWAL OF APPEAL
(Rule 22)
W .A.C.A Civil Appeal N o............................................
Between............................................ ............... Appellant(s)
and
............................................................................... .. .......... ...... .......................................R e sp o n d e n t(s )
I HEREBY CERTIFY that the Appellant(s) in the above-mentioned appeal
have/has on the day of.......................... ............ 19.....19...... filed notice of with-
drawal of the appeal herein.
D ATED at ................................ ........ th e....... ...................... ..d ay of ....................... ........... 1 9...........

R.. ..- of the Court

CIVIL FORM 12
IN THE WEST AFRICAN COURT OF APPEAL
CERTIFICATE AS TO NON-COMPLIANCE WITH CONDITIONS
IMPOSED UPON A WVOULD-BE APPELLANT
(Rule 23)
B etw een ........... ........................................ .................. ............... P plaintiff (s)/A ppellant(s)
and
................................. ................... D fendant(s)/R espondent(s)
Pursuant to rule 23 (1) of the West African Court of Appeal Rules, 1950,
I hereby certify that the Appellant(s) in the above-named cause have/has
complied with none of the requirements of rules 16 (4) and 17.
D A T ED at ... ..........................th e ....... .......... ..... ... d ay o f.... ........................................ 19 ............

R eg istrar......................... ......................... C court.







B45


CIVIL FORM 13
IN THE WEST AFRICAN COURT OF APPEAL
FORM OF DECLARATION THAT A PARTY DOES NOT WISH
TO BE PRESENT OR REPRESENTED AT HEARING OF APPEAL
(Rule 26)
A p peal N o....................................
B e tw e e n .......................................................... ........................................... .................. ............A p p ella n t
and
..................................... ........................................ ..... .............. ....................... ........................................ .... R e s p o n d e n t
I. ......... ....... ................... ..... ............................................................... A ppellant/R esponden t
do hereby declare that I do not wish to be present in person or by counsel
on the hearing of the above-mentioned appeal, but desire to submit the
following arguments for the consideration of the Court:-

D ATED th is............................................................ d ay of.......................................................... 19............


Appellant/Respondent



CIVIL FoRM 14
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE OF TAXATION
(Rule 38)
B etw een ...................................... ..... ....... .................................................... ...........A p p ellan t
and
................................................................................................................................................ ... ......R e sp o n d e n t
TAKE NOTICE that the Bill of Costs of the...................................................
......................................................................... h erein w ill b e taxed on ..........................................
th e......................... ......... ............................d ay of...................... . . ............. .. ....... ......... 19............ at the
hour of..................................................o'clock in the noon.
Your absence notwithstanding.
D AT ED at.........................................this............................ d ay o f............................................19 ........

Taxing Master

To the above-named
of and
of








B 46


CIVIL FORM 15
IN THE WEST AFRICAN COURT OF APPEAL
BILL OF COSTS
(Rule 38)

W.A.C.A. Civil Appeal No...................
Title of Cause:

.... ... .................................... .......................................... ............. .. A p p e lla n t

V.
..................................................................................................................... ..... ........R esp on d en t

Bill of Costs of :
Date of Judgment:
Date of appearance:
Dates on which the Cause was in the list :


No. of
Item


Particulars


Claimed
s d


'Allowed
s d


Taxed at
Allowed at

Signature of Taxing Master
Note.-Every bill of costs must be delivered in duplicate on this Form to the
Registrar which will upon request deliver one of the copies to the opposite party.
Every payment included in the bill, including allowances to witnesses, must be
proved either by receipts or by the verbal admission of the payee to the Registrar
or by an affidavit or otherwise to the satisfaction of Ith RIegistrar.







B47

CIVIL FORM 16
IN THE WEST AFRICAN COURT OF APPEAL
CERTIFICATE OF THE ORDER OF THE COURT
(Rule 40)

Appeal from the....................................
Appeal from thethe..........................................................................................................................................
o f t h e ................................................................................................................................................................. ..................
d a te d th e ................................... d a y o f. ........................................................... 1 9 ............


I.............. .................................................. .....................................A. o tio n
......................................... ............................................................................................ A p p e a l N o .
................................. ............ ............... .... ............................................. ....................... .......... A p p ellan t
V.
.................................. ........................... ................................................................................................ ... R e s p o n d e n t
...................... ........... ......... ....Respondent

This appeal coming on for hearing on the....................................................
d ay o f .............................................................e.. .... ...... 19....... fore....... b efo..... . .......... ....................
in th e p resen ce o f .................... ................. .............................. .......... ......... ........ ......
fo r th e A p p ellan t, an d .......................................... ... ... ..................................... .... .... ......
for the Respondent.
I HEREBY CERTIFY that an Order was made as follows:-
Given under my hand and the Seal of the Court this.........................................
d ay o f.................................. ..... .......... .... ....

Registrar
*Insert "President," or Presiding Judge ".


APPENDIX B
FEES IN CIVIL MATTERS
sd
On filing Notice of Appeal against a final judgment or decision 5 0 0
On Respondent's Notice of intention to contend that decision
of Court below be varied .. .. .. .. .. 5 0 0
On filing Notice of Appeal against an interlocutory order or
decision .. .. .. .. 2 0 0
On filing motion for special leave to appeal .. .. .. 5 0 0
On filing Notice of Appeal where special leave granted 1 0 0
On settling record of appeal .. .. .. .. .. 1 0 0
On bond to secure costs of appeal .. .. 1 0 0
On filing motion for extension of time : if the time has not
yet expired .. .. .. 2 10 0
if the time has already expired .. .. .. .. 10 0 0

27







B48


s d
On filing any motion not otherwise provided for 2 0 0
On filing motion for stay of execution (if application is made
by separate motion) .. ..2 0 0
On filing amended or additional grounds of appeal:
if filed at least three weeks before the date fixed for the
commencement of the sitting for which the appeal is set
down 1 0 0
if filed less than three weeks but at least two clear days before
such date 3 0 0
if filed later, but before the hearing of the appeal .. .. 6 0 0
On amending or adding to grounds of appeal by leave or
direction of the Court at the hearing .. .. .. .. 10 0 0
On Registrar's certificate that conditions of appeal have been
fulfilled 1 0 0
Hearing fee payable in advance .. .. 4 0 0
And if the hearing occupies more than four hours, for each
additional complete hour .. .. .. .. 1 0 0
On filing motion to restore appeal dismissed under rule 23 (3) 10 0 0
On filing motion to restore appeal struck out under rule 27 (2) 5 0 0
On filing motion to set aside and re-hear appeal determined
ex parte .. .. .. .. .. 10 0 0
On filing motion to set aside Taxing Officer's decision or order 1 0 0
On every certificate of the order of the Court of Appeal (made
on the final determination of appeals under rule 40) .. 2 0 0
On filing every document or exhibit .. .. .. 0 2 0
On inspection of any document or judgment .. .. 0 1 0
On office copies of any documents: for every folio of 100
words or part thereof .. .. .. .. .. 0 0 9
On lodging a bill of costs for taxation including taxation for
the first twenty folios .. ...... .. 1 0 0
For every ten folios or part thereof after the first twenty .. 0 10 0
On filing motion for leave to appeal to Privy Council .. .. 10 0 0
On every bond where the appeal is to Privy Council 2 0 0
On making and drawing up Order for leave to appeal to
Privy Council .. .. .. .. 2 0 0
The cost of the record of appeal shall be calculated as follows :
Full cost as above to any party and one-quarter cost for each copy
for the use of the Court.
Fees for service of any documents and in connection therewith and payments
for mileage involved by such service shall be charged and paid under the
rules and scale of the territory in which the service is effected, regulating
service in the Court below.







B49
APPENDIX C
CRIMINAL FORM 1
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE OF APPEAL-QUESTION OF LAW ONLY
(Rule 43)
REX v.
T O TH E R EG ISTRA R O F TH E................................................ ............. .....................................

I,.............. ................ .. ................. ....... ...... ....... ...... ........ ........ h av in g H ere state
been convicted of the offence of .................. the offence,
e.g., larceny,
......a.. ......... ........... ................... .an d ...... ...... .. ... ....... m u rd er,
being now a prisoner in His lMajesty's Prison at....... ... ..................... ...... .... forgery, etc.
o r n ow living g at ...................... .................... ........... ................ ............... ............... ......... ..
do hereby give you Notice of Appeal against my conviction (particulars Where appli-
of which hereinafter appear) to the Court on questions of law, that is to say : cant for any
reason not
in custody.

Here state as
clearly as
you are able
the questions
of law
on which you
desire to
(Signed) appeal.
(or mark)


Appellant
Signature and address of
witness attesting mark.
PARTICULARS OF TRIAL AND CONVICTION
1. Date of trial. Fill in all
these
2. In what Court tried. particulars.
3. Sentence.
4. Whether above questions of law were raised at the trial.
You are required to answer the following question :--
Do you desire to be present on the hearing of your appeal by the Court ?
If you do so desire, state the reasons upon which you submit the said Court
should give you leave to be present.
N.B.-The Court will, if you desire it, consider your case and argument
if put into writing by you or on your behalf, instead of your case and argument
being presented orally. If you desire to present your case and argument
in writing, set out here as fully as you think right your case and argument
in support of your appeal,







B50

CRIMINAL FORM 2
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST A CONVICTION
(Rule 43)
REX v.
T O TH E R EG ISTRAR O F TH E............................................................................. ........................
H e re sta te I ,....................... ...... .. .................. ........................................................ h a v in g
the offence, been convicted of the offence of...................................... .............................. .......... ......... ..
e.g., larceny,
murder, and now being a prisoner in His Majesty's Prison at....................... ................................
forgery, etc. (or .n ow living at............................ ............... ... ................................ ................. ...............
Where and being desirous of appealing against my said conviction, DO HEREBY GIVE
applicant YOU NOTICE that I hereby apply to the Court for leave to appeal against
for any my said conviction on the grounds hereinafter set forth.
reason not
in custody.

(Signed)
(or mark)


Applicant
Signature and address of
witness attesting mark.
D ATED th is ............................... d ay of............................. ......................... .....19 ............
PARTICULARS OF TRIAL AND CONVICTION
Fill in these 1. Date of trial.
particulars.
2. In what Court tried.
3. Sentence.
Here state as Grounds of application :
clearly and
concisely as
possible the
grounds on 1. If your desire to be present when the Court considers your present
which you
desire to application for leave to appeal, state:-
appeal (a) whether or not you are legally represented, and
against your
conviction. (b) the grounds on which you submit that the Court should give
you leave to be present threat.


2. The Court will, if you desire it, consider your case and argument if
put in writing by you or on your behalf, instead of your case and argument
being presented orally. If you desire to present your case and argument
in writing set out here as fully as you think right your case and argument
in support of your appeal.
State if you desire to be present at the final hearing of your appeal.







B 51
CRIMINAL FORM 3

IN THE WEST AFRICAN COURT OF APPEAL
NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE
(Rule 43)
REx v.
T o T H E R E G IST R A R O F T H E ..............................................................................................................
I,................................... .............. ... ...... .... .. ..................... ..............h avin g H ere state
been convicted of the offence of................................... .................. and the offence,
now being prisoner in H is M ajesty's Prison at....................................... ........................... rd e ny,
(o r n o w liv in g at ......................... ..........................................................................................................) fo rgery etc.
DO HEREBY GIVE YOU NOTICE that I desire to apply to the Court for leave Where appli-
to appeal against the sentence of............... ..................... ................ .....passed cant for any
upon me for the said offence on the following grounds:- reason not in
custody.
Here set
forth the
grounds on
which you
desire to
question the
sentence.
(Signed)
(or mark)

S ign atu re an d ad d ress of ........................................................................
witness attesting mark. Applicant
D AT ED th is................ ...................d ay o f ................................ .............. 19............
PARTICULARS OF TRIAL AND CONVICTION
1. Date when sentence passed. Fill in all
these parti-
2. In what Court tried, culars.
(1) If you desire to be present when the Court considers your applica-
tion for leave to appeal, state
(a) whether or not you are legally represented, and
(b) the grounds on which you submit that the Court should give
you leave to be present threat.



(2) The Court will, if you desire it, consider your case and argument
if put into writing by you or on your behalf instead of your case and
argument being presented orally. If you desire to present your case and
argument in writing set out here as fully as you think right your case and
argument in support of your appeal.
State if you desire to be present at the final hearing of your appeal.








B 52
CRIMINAL FORM 4
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE OF APPLICATION FOR EXTENSION OF THE TIME
WITHIN WHICH TO APPEAL
(Rule 43)
REX v.
T O THE R EGISTRAR OF TH E ........................................ ................................. ...... .....
H ere state I, ... .. ... ...... ................ ...... ..vi............. .....n..........n...........g............n................h avin g
the offence, been convicted of the offence of....... ............... .. ...... ............... ... ..................... ....... in
e.g. larceny,
m murder, y th e. ............................. ............ .... ........... .......................................C ou rt, h eld
forgery, etc. at ...... ..... .......... ....... ...... .......on the. .. ............................... .........day
of........................................ .... .................., 19. ., and being now a prisoner in H is
W hen appli- M ajesty's Prison at..... ... ..... ............. ..................... ...... .(or now living
cant for any at ........ ....), give you notice that I hereby
reason not in
custody apply to the Court for an extension of time within which I may give Notice
of Appeal (or Notice of Application for leave to Appeal) on the grounds
following :
Here set out
clearly and
concisely the
reasons for
the delay in
giving such
notice and(Signd)
the grounds (Signed)
on which you (or mark)
submit the
Court should
extend the Applicant
time.
Signature and address of
witness attesting mark.
D AT ED th is....... .................. .......d ay o f................ ....... ....................... ........... 19............

You are required to send to the Registrar of the Court, duly filled up
Form 1, if your proposed appeal involves a question of law alone ; or Form 6,
if you have obtained the Certificate of the Judge of the Court of Trial;
Form 2 if you have not obtained such Certificate; or Form 3, if you desire
to appeal against your sentence only, together with this Notice.


CRIMINAL FORM 5
IN THE WEST AFRICAN COURT OF APPEAL
JUDGE'S CERTIFICATE
(Rule 44)
REX v.
I n th e .............. .... ...... ........................ C o u rt o f ...................... ...............................h o ld e n
a t .. ................... .. ...... .. ....... ... .. .. ....... ................... ... . ....... .......................... ...............









B 53

W H EREAS th e said ..................................................... ..................................................w as tried State shortly
1 convicted before me, the undersigned, in the said Court on the offence,
e.g. larceny,
.... ................ d ay of ........................... .......................... on a ch large o f................................ m murder,
- was thereupon sentenced by me to................................ .... ...... ..... forgery, etc.
I DO HEREBY CERTIFY that the case is a fit case for an appeal by the
...................................................... .. to the C ou rt upon
Sa following grounds:-
Pere specify
in general
terms the
grounds on
which certi-
ficate
granted.

Judge
D A T E D th is.................................... d ay o f................................. .................... 19 ............


CRIMINAL FORM 6
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE OF APPEAL UPON CERTIFICATE OF THE JUDGE OF
THE COURT OF TRIAL
(Rule 43)
REX v.
T O TH E R EG ISTRAR O F TH E................................................................................. ......................
I,. ......................... ............ . .. ................................... ........................................... having H ere state
Convicted of the offence of............................................................................................and the offence,
p prisoner in His Majesty's Prison at.... ......... ......(or e.g. larceny,
ei a isoner in H is M majesty's Prison at..............................................................................(or eg. larceny,
living at............................... .................... ........................ ...............) and having duly er,
^ a certificate which is hereto annexed from the Judge before whom
was tried for the said offence, that it is a fit case for appeal, do hereby W
: you notice of Appeal against my said conviction (particulars of which cant re an-
;^-_) t3 the Court. reason not in
(Signed) custody.
(or mark)

Appellant
Signature and address of
witness attesting mark.

D ATED th is .................................... d ay of..................................................... 19............
PARTICULARS OF TRIAL AND CONVICTION

1. Date of Trial. Fill in all
these
2. In what Court tried. particulars.








B54


3. Sentence.
You are required to answer the following question :-
Do you desire to be present on the hearing of your appeal by the
Court ?
N.B.-The Court will, if you desire it consider your case and argument
if put into writing by you or on your behalf instead of your case and argument
being presented orally. If you desire to present your case and argument
in writing, set out here fully as you think right your case and argument in
support of your appeal. You must send with this Notice to the Registrar
of the Court of Trial the Certificate of the Judge who tried you.



CRIMINAL FORM 7

IN THE WEST AFRICAN COURT OF APPEAL

NOTIFICATION TO APPELLANT OF A SINGLE JUDGE'S DECISION
(Rule 48)

REX v.
I hereby give you notice that a Judge of the West African Court of
Appeal having considered your applications) for-
(a) Leave to appeal;
(b) For extension of time within which notice of Appeal or of
application for leave to appeal may be given;
(c) Permission to be present during the hearing of any proceedings
in your appeal;
(d) Admission to bail;
(e) Leave to withdraw abandonment of appeal;
has refused the applicatien(s) m arked...................................................(and has granted
your applications) m arked.... ........ .............................. ............... ).

If you desire to have the above-mentioned applicationss, which have
been refused, determined by the full Court, you are required to fill up the
enclosed form and return it to me forthwith.

D A T ED th is....................................d ay o f.......................... ................................ 1 9 ...........

S ign ed ................................................ .................
Registrar,
West African Court of Appeal


To the above-named.








B 55


CRIMINAL FORM 8
IN TIE WEST AFRICAN COURT OF APPEAL
NOTICE OF APPEAL BY APPELLANT FROM REFUSAL 01 A
SINGLE JUDGE
(Rule 48)
REX v.
TO THE REGISTRAR OF THE WEST AFRICAN COURT OF APPEAL.
I,......... ........ ..... ..... .. .. .. ... .. .. ..... .. ..... .h ving
received your notification that my applications) for
(a) Leave to appeal;
(b) For extension of the time within n which notice of appeal or
application for leaxe 1o appeal i;ay bie given ;
(c) Permission to me to be present during the hearing of any
proceedings in my appeal;
(d) Admission to bail;
(e) Leave to withdraw abandonment of appeal;
have been refused;
DO IIEREBY GIVE YOU NOTICE that I desire that the said applications) shall
be considered and determined (and that as I am not legally represented
I desire to be present at the dectci illlation oi my said applications) )
(Signed)
(or mark)

Appellant
Signature and address of
witness attesting mark.
D A T E D th is......... ..................... ...d ay o f ......................................................... 1 9 .............
If you desire to state any reasons in addition to those set out by you
in your original notice upon which you submit that the full Couit should
grant your said applicationss, you may do so in the space below.
Strike out if you do not desire to be present.

CRIMINAL FORM 9
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE OF ABANDONMENT
(Rule 50 (1))
REX v.
I .................................. .............. ...................... .. .... ........................ ........ ......... ............. h a v in g
b een convicted of ................. .... ... ............................................................ ...... ... in
th e...................... ........ .......... .... .......................................C o u rt at...... .............. ........... .................. ...
and having been desirous of appealing to the Court against my said conviction









B56
(or th e senten ce of ..................... ...... ......................... ............................................ p passed
upon me on my said conviction) do hereby give you notice that I do not
intend further to prosecute my appeal, but that I hereby abandon all further
proceedings in regard thereto as from the date hereof.
(Signed)
(or mark)
Signature and address of
witness attesting mark.
D ATED th is........ .... ... .........d ay o f ... .............. ............................... 19............
TO THE REGISTRAR OF THE WEST AFRICAN COURT OF APPEAL.

CRIMINAL FORM 10
IN THE WEST AFRICAN COURT OF APPEAL
NOTIFICATION OF ABANDONMENT OF APPEAL
(Rule 50 (2))
REX v.
To THE HONOURABLE THE ATTORNEY GENERAL
T o .......................................... .............. .............................. ........ . .
This is to give you notice that I have this day received from the
above-nam ed ................ ... ......... ... ...... .... ... .....................a notice of
abandonment of all proceedings in regard to his appeal to the Court. The
said n otice is d ated ........... ..........d ay of .. .... ..... .......... ...................., 19. .......
By rule... ........ of the Rules of the West African Court of Appeal,
1950, upon the notice of abandonment being given the appeal shall be deemed
to have been dismissed by the Court.
D ATED this.. ............. day of. ........ ... .... ... ........ 19.............

Registrar of the Court
Send copies addressed to:
(a) The Chief or Colonial Secretary for the information of the Governor.
(b) The Attorney-General or other respondent.
(c) The Prison authority and
(d) The Registrar of the Court below.

CRIMINAL FORM 11
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE OF APPLICATION FOR LEAVE TO WITHDRAW AN
ABANDONMENT OF APPEAL
(Rule 51)
To THE REGISTRAR, WEST AFRICAN COURT OF APPEA .


Here state having been convicted of the offence of ..................
the offence, and now being a prisoner in His Majesty's Prison at .............
e.g. larceny) and
forger etc (or now living at.... .. .. ... ..... ............ .................. ) an
having duly sent a notice that I desired to appeal to the West African Court









B 57



of Appeal, and having abandoned my appeal :
Give you Notice, that I hereby apply to the West African Court of Appeal:
for leave to withdraw my Notice of abandonment, in the special circumstances
following :
Here set out
as clearly and
concisely as
possible the
special
reasons for
giving such
notice, and
the grounds
on which you
submit the
Court should
allow you to
withdraw the
abandon-
ment.


(Signed)
(or mark)

Applicant
D A T ED th is........................d ay o f .......................................... ................. 19 ....
N.B.-Form 4 must be filled up and sent with this notice to the Registrar.



CRIMINAL FORM 12
IN THE WEST AFRICAN COURT OF APPEAL
RECOGNIZANCE OF APPELLANT SENTENCED TO PAYMENT OF A FINE
(Rule 52 (2)

REX v.
To WIT : Be it remembered that whereas
o f ... ...... ....................... ........... .. .
w as o n th e .................. ....... d ay o f .................. ...... ......... .. .........1
convicted of ......... ................... .. .......... and
was thereupon sentenced to pay the sum of .......... as a
fine for his said offence by the ....... ....... ... ......... .. and Here fill in
the Court of
has intimated to the said Court that he desires to appeal against his said Trial.
conviction on a question of law alone (or upon a certificate of the Judge of
the Gold Coast that his is a fit case for appeal). And whereas the said
Court considers that the said Appellant may in lieu of payment at and upon
his said conviction of the said sum, be ordered to enter into recognizance of








B 58


bail himself in the sum of .........................................................and with sureties, each
in the sum of ........... ....... ............ ............... to prosecute his said appeal before
the Court.
T h is sa id ..... ..... .... .. .......... ........... ......................................................d o th h --
acknowledge himself to owe to Our Lord the King the said sum of ....................
of good and lawful money, to be made and levied of his goods and chattels,
lands and tenements, to the use of Our said Lord the King, his heirs and
successors, if he the said............ ........... ....... ................. .......... ....... .................
fail in the condition endorsed.
T aken and acknow pledged this.. day of.................... day of ........................................... 19 ..
at the said Court, at and before the Judge of the said Court.
(Signed) .................. ... .......
CONDITION
The condition of the within written Recognizance is such that if tC-

o f............................ ..... ....... ............... ........................ ......... ......................................s h a ll
appear and be present at and before the Court at each and every hearing c'
his appeal to such Court and at the final determination thereof and then E.
there prosecute his said appeal and abide by the judgment of the said C _:
and not depart or be absent from such Court, at any such hearing `_
leave of the said Court, and pay the said sum of ............................ ...
sum as the said Court may order to the Registrar thereof, then this -.
zance shall be void, otherwise of full force and effect.

CRIMINAL FORM 13
IN THE WEST AFRICAN COURT OF APPEAL
RECOGNIZANCE OF SURETIES FOR APPELLANT
SENTENCED TO A FINE
(Rule 52 (2))
REX V.
T o W IT : Be it rem em bered that on the.................day of.................................... 19........

o f ................... ................. ........................... ... .. ............................ .......................................

H ere fill in personally cam e before the............... .. ............. ...............................................................
name of and severally acknowledged themselves to owe to Our Lord the King
Court of several sums following, that is to say ; the said................ ... ............ ..... .
T ria l. su m o f .. ................................. .......... ... ..................................... ........... a n d
the sum

.. ................... ............of good and lawful money, to be made and levi- t' _-
goods and chattels, lands and tenements, respectively, to the use of :-
said Lord the King, his heirs and successors if.......................................
now before the said Court fail in the condition hereon endorsed.
Taken and acknowledged before the said Court on the day and S
first above-mentioned.
(S igned)......................... ...... .. .








B59


CONDITION
The condition of the within written Recognizance is such that whereas
th e said h having been convicted of.................................... ............. ...................................
and having been sentenced to pay a fine of ...................................... .......................... for
his said offence and having now intimated his desire to appeal on a question
of law alone (or with the certificate of the Judge of this Court) to the Court
against the said conviction, and having in lieu of payment at and upon his
said conviction of the said sum of ................... .... .................... .......... been ordered
to enter into recognizance of bail him self in the sum of ......................................................
and w ith sureties in the sum of ................................... if the said........ .....................................
shall personally appear and be present at and before the Court at each and
every hearing of his appeal to such Court and at the final determination
thereof, and then and there prosecute his said appeal and abide by the
judgment of the said Court, and not depart or be absent from such Court at
any such hearing without the leave of the said Court, then this Recognizance
shall be void, otherwise of full force and effect.




CRIMINAL FORM 14
IN THE WEST AFRICAN COURT OF APPEAL
NOTICE OF BREACH OF HIS RECOGNIZANCES TO APPELLANT

SENTENCED TO A FINE
(Rule 52 (3))

REX v.
T o THE ABOVE-NAM ED ......................... ...... ......... ....................... ....A ppellant.
W HEREAS you w ere convicted on the.............................day of ...............................................
19 ............ o f th e offen ce o f ............................... ......... .... ............................................................................

and were sentenced to the payment of ........................................ .., and in default of
such payment to imprisonment, and you entered into recognizances in the
sum of ................................................ ..... ....... .... w ith sureties in the sum of .............................
each, to prosecute your appeal, and whereas ten days have elapsed since
your said conviction, and no notice of appeal has been served by you, Now
I HEREBY GIVE you notice that unless you attend at the sitting of the Court
to be holden on the.................................... day of. ............................................ ........, and
then show good cause to the contrary, the Court may order an estreat of
your recognizances and those of your sureties, or may otherwise deal with
you according to law.


(Signed).................................................
Registrar of the West African
Court of Appeal