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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 Page A-7 Page A-8 Page A-9 Page A-10 Page A-11 Page A-12 Page A-13 Page A-14 Page A-15 Page A-16 Page A-17 Page A-18 Page A-19 Page A-20 Page A-21 Page A-22 Page A-23 Page A-24 Page A-25 Page A-26 Page A-27 Page A-28 Page A-29 Page A-30 Page A-31 Page A-32 Page A-33 Public notices Page B-1 Page B-2 Page B-3 Page B-4 Page B-5 Page B-6 Page B-7 Page B-8 Page B-9 Page B-10 Page B-11 Page B-12 Page B-13 Page B-14 Page B-15 Page B-16 Page B-17 Page B-18 Page B-19 Page B-20 Page B-21 Page B-22 Page B-23 Page B-24 Page B-25 Page B-26 Page B-27 Page B-28 Page B-29 Page B-30 Page B-31 Page B-32 Page B-33 Page B-34 Page B-35 Page B-36 Page B-37 Page B-38 Page B-39 Page B-40 Page B-41 Page B-42 Page B-43 Page B-44 Page B-45 Page B-46 Page B-47 Page B-48 Page B-49 Page B-50 Page B-51 Page B-52 Page B-53 Page B-54 Page B-55 Page B-56 Page B-57 Page B-58 Page B-59 Page B-60 Page B-61 Page B-62 Page B-63 Page B-64 Page B-65 Page B-66 Page B-67 Page B-68 Page B-69 Page B-70 Page B-71 Page B-72 Page B-73 Page B-74 Page B-75 Page B-76 Page B-77 Page B-78 Page B-79 Page B-80 Page B-81 Page B-82 Page B-83 Page B-84 Page B-85 Page B-86 Page B-87 Page B-88 Page B-89 Page B-90 Page B-91 Page B-92 Page B-93 Page B-94 Page B-95 Page B-96 Page B-97 Page B-98 Page B-99 Page B-100 Page B-101 Page B-102 Page B-103 Page B-104 Page B-105 Page B-106 Page B-107 Page B-108 Page B-109 Page B-110 Page B-111 Page B-112 Page B-113 Page B-114 Page B-115 Page B-116 Page B-117 Page B-118 Page B-119 Page B-120 Page B-121 Page B-122 Page B-123 Page B-124 Page B-125 Page B-126 Page B-127 Page B-128 Page B-129 Page B-130 Page B-131 Page B-132 Page B-133 Page B-134 Page B-135 Page B-136 Page B-137 Page B-138 Page B-139 Page B-140 Page B-141 Page B-142 Page B-143 Page B-144 Page B-145 Page B-146 Page B-147 Page B-148 Page B-149 Page B-150 Page B-151 Page B-152 Page B-153 Page B-154 Page B-155 Page B-156 Page B-157 Page B-158 Page B-159 Page B-160 Page B-161 Page B-162 Page B-163 Page B-164 Page B-165 Page B-166 Page B-167 Page B-168 Page B-169 Page B-170 Page B-171 Page B-172 Page B-173 Page B-174 Page B-175 Page B-176 Page B-177 Page B-178 Page B-179 Page B-180 Page B-181 Page B-182 Page B-183 Page B-184 Page B-185 Page B-186 Page B-187 Page B-188 Page B-189 Page B-190 Page B-191 Page B-192 Page B-193 Page B-194 Page B-195 Page B-196 Page B-197 Page B-198 Page B-199 Page B-200 Page B-201 Page B-202 Page B-203 Page B-204 Page B-205 Page B-206 Page B-207 Page B-208 Page B-209 Page B-210 Page B-211 Page B-212 Page B-213 Page B-214 Page B-215 Page B-216 Page B-217 Page B-218 Page B-219 Page B-220 Page B-221 Page B-222 Page B-223 Page B-224 Page B-225 Page B-226 Page B-227 Page B-228 Page B-229 Page B-230 Page B-231 Page B-232 Page B-233 Page B-234 Page B-235 Page B-236 Page B-237 Page B-238 Page B-239 Page B-240 Page B-241 Page B-242 Page B-243 Page B-244 Page B-245 Page B-246 Page B-247 Page B-248 Page B-249 Page B-250 Page B-251 Page B-252 Page B-253 Page B-254 Page B-255 Page B-256 Page B-257 Page B-258 Page B-259 Page B-260 Page B-261 Page B-262 Page B-263 Page B-264 Page B-265 Page B-266 Page B-267 Page B-268 Page B-269 Page B-270 Page B-271 Page B-272 Page B-273 Page B-274 Page B-275 Page B-276 Page B-277 Page B-278 Page B-279 Page B-280 Page B-281 Page B-282 Page B-283 Page B-284 Page B-285 Page B-286 Page B-287 Page B-288 Page B-289 Page B-290 Page B-291 Page B-292 Page B-293 Page B-294 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 Page C-5 Page C-6 Page C-7 Page C-8 Page C-9 Page C-10 Page C-11 Page C-12 Page C-13 Page C-14 Page C-15 Page C-16 Page C-17 Page C-18 Page C-19 Page C-20 Page C-21 Page C-22 Page C-23 Page C-24 Page C-25 Page C-26 Page C-27 Page C-28 Page C-29 Page C-30 Page C-31 Page C-32 Page C-33 Page C-34 Page C-35 Page C-36 |
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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 i-.r. ~S~t.. eL j 4 ` 2. 'cl , , r 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 |