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