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Statutes Relating To Land Law in Sierra Leone

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15. AN ACT TO AMEND THE FREETOWN IMPROVEMENT


ORDINANCE NO. 56 OF 1961 (ALSO SEE PAGES NO. 35-47) ................

STATUTES RELATING TO LAND LAW IN SIERRA LEONE 16. AN ACT TO AMEND THE FREETOWN IMPROVEMENT
(EXTENSION) ACT NO. 10 OF 1964 – CHAPTER 77 ..................................

TABLE OF CONTENT 17. THE FREETOWN IMPROVEMENT (EXTENSION)


ACT-CHAPTER 77 – PN NO. 76 OF 1964 ....................................................

18. THE FREETOWN IMPROVEMENT (EXTENSION)


1. THE CROWN LANDS ORDINANCE NO. 19 OF 1960 ................................
ACT - CHAPTER 77 – PN NO. 75 OF 1964 ..................................................
2. TRANSFER OF DEFENCE LANDS ORDINANCE NO. 8 OF 1961 ..............
19. WAR DEPARTMENT LANDS – CHAPTER 124 .........................................
3. AN ACT TO AMEND THE CROWN LANDS ORDINANCE
NO. 37 OF 1961 ............................................................................................ 20. TOWN AND COUNTRY PLANNING ORDINANCE NO. 19
OF 1946 – CHAPTER 81 ..............................................................................
4. AN ACT TO AMEND THE CROWN LANDS ACTS NO. 18 OF 1963 .........
21. THE TOWN AND COUNTRY PLANNING (AMENDMENT)
5. PUBLIC LANDS ORDINANCE – CHAPTER 116 ........................................
ACT NO. 3 OF 2001 .....................................................................................
6. UNOCCUPLIED LANDS ORDINANCE – CHAPTER 117 ...........................
22. THE NON-CITIZENS (INTEREST IN LAND) ACT
7. PROTECTORATE LAND ORDINANCE – CHAPTER 122 .......................... (AMENDMENT) DECREE NO. 7 OF 1968 ...................................................
8. AN ORDINANCE TO AMEND THE PROTECTORATE
LAND ORDINANCE NO. 15 OF 1961 .......................................................... 23. THE NON-CITIZENS (INTEREST IN LAND) ACT NO. 30 OF 1966 ...........

9. AN ACT TO PROVIDE FOR THE CONTROL AND PROTECTION 24. AN ORDINANCE TO PROVIDE FOR AND REGULATE THE
OF LAND DEVELOPMENT OF NON-CITIZENS NO. 61 OF 1962 .............. SURVEY OF LANDS AND THE LICENSING OF
SURVEYORS – CHAPTER 128 ....................................................................
10. AN ACT TO AMEND THE PROVINCES LAND
ACT NO. 11 OF 1965 ................................................................................... 25. THE SURVEY ORDINANCE NO. 11 OF 1950 (THE SURVEY
RULES, 1953) ...............................................................................................
11. THE PROVINCES LAND (AMENDMENT) ACT NO. 18 OF 1976 .............
26. GENERAL REGISTRATION – CHAPTER 255 .............................................
12. LAWS ADAPTATION ACTS NO. 29 OF 1972 ............................................
27. REGISTRATION OF INSTRUMENT – CHAPTER 256 ...............................
13. AN ACT TO AMEND THE AIRFIELDS AND
DEFENCE LANDS (ACQUISITION OF CLEARANCE
RIGHTS) ACT NO. 48 OF 1962 – CHAPTER 120 ......................................... 28. FORESHORES ACT– CHAPTER 149 ..........................................................

14. FREETOWN IMPROVEMENT ORDINANCE – CHAPTER 66 ...................


A 65

In Her Majesty’s name I assent to this Ordinance this 31st day of


December, 1960.

MAURICE H. DORMAN,
Governor.

LS

No. 19 1960

Sierra Leone

An Ordinance to make Further and Better Provision for the


Management and Disposal of Crown Lands

Being an Act to provide for the criminalization of money


laundering and financing of terrorism, the establishment of
structures to implement this and for other related matters.

(5th January, 1961) Date of com-


mencement.

BE IT ENACTED by the Legislature of Sierra Leone, as follows:–


A 66 A 67
No. 19 Crown Lands 1960 No. 19 Crown Lands 1960

PART 1–PRELIMINARY (c) any licence or other document authorising


the grantee, his heirs and assigns or any of
Short title and 1. This Ordinance may be cited as the Crown Lands Ordinance, them to hold and occupy any Crown lands:
application.
1960 and shall apply to the Colony only.
(d) any license or other document conferring any
Interpretation.
right to cut, gather, take and carry away
2. In this Ordinance, unless the context otherwise requires –
timber, fibre or other natural product within
any Crown lands therein specified:
“agricultural lease” means a lease for the purposes
of agriculture or for the raising and breeding of cattle, (e) any licence or other document conferring any
or for the growing and cultivation of any economic right to search for, work and carry away any
product or crop, or for a timber forest: minerals, gravel or other materials within any
Crown lands therein specified:
“building lease” means a lease for building purposes
or for purposes connected therewith: (f) any licence or other document conferring any
right to make use of any beach, bank,
“crown lands” means all lands which belong to the foreshore or ground adjoining the shore or
Crown by virtue of any treaty, cession, convention bank of any sea, creek or river:
or agreement, and all lands which have been or may
hereafter be acquired by or on behalf of the Crown, (g) generally, any grant, licence or right
for any public purpose or otherwise however and whatsoever relating to any Crown lands
land acquired under the provisions of the Public which may lawfully be made, given granted,
Cap. 193. Lands Ordinance and includes all shores, beaches, assigned or otherwise disposed of by or on
lagoons, creeks, river estuaries and other places and behalf of the Crown:
waters whatsoever belonging to, acquired by, or
which may be lawfully disposed of by or on behalf “Lease” means the grant of the possession of land by
or on behalf of the Crown as lessor for a term of
of the Crown:
years or other fixed period with a reservation of rent:
“Director of Surveys and Lands” includes the
Assistant Director of Surveys and Lands. No. 8 of “Mineral Oil” has the same meaning as in the Mining
1958. (Mineral Oil) Ordinance, 1958:
“grant” means–
“Minerals” has the same meaning as in the minerals
Cap. 144. Ordinances;
(a) any grant for an estate in fee simple:
“Minister” means the Minister for the time being
(b) any lease: charge with the responsibility for lands;
A 68 No. 19 Crown Lands 1960 No. 19 Crown Lands 1960 A 69

“public purposes” means and includes– 4. Subject to the provisions of section 3 of this Ordinance, Who may
make grants.
the Governor on behalf of the Crown may make grants of Crown
(a) for exclusive Government use or for general lands in such manner and subject to such conditions as may be
public use; required and as they may deem proper.

(b) for or in connection with sanitary 5. Every grant shall be executed by the Minister or a public Style of
grants.
improvements of any kind, including officer authorized by him in that he be expressed to be made in
reclamations; conformity with the provisions of this Ordinance.

(c) for or in connection with the laying out of 6. Every grant of any Crown lands executed in accordance Validity of
any new Government station or the extension with the provisions of section 5 of this Ordinance shall be deemed to grants.
or improvement of any existing Government be valid and effectual for the purpose of conferring and assuring any
station; right, proprietary or possessory or as the case may be, thereby
expressed or intended to be conferred.
(d) for obtaining control over land contiguous
to any port or airport; 7. (1) A grant under this Ordinance shall not, unless express Reservations.
provision to the contrary is contained therein, confer any right to—
(e) for obtaining control over land required for
defence purposes; (a) the water of any spring, river, lake or stream
other than such water as may be required for
(f) for obtaining control over land required for domestic purposes upon the land which is
civil aviation purposes; and the subject of the grant;

(g) for obtaining control over land the value of (b) the foreshore or to the banks of any
which will be enhanced by the construction navigable water-way; or
of any railway, road, or other public work or
convenience about to be undertaken or (c) any mineral or to any mineral oil.
provided by the Government.
(2) There is hereby reserved to the Crown the right to
PART II – GRANTS enter upon any land which is the subject of any grant under this
Ordinance, and–
Sale of Crown 3. Except with the consent of the Governor first had and
lands
restricted.
obtained or except as may be otherwise provided in any law, no (a) to search for, mine and remove any mineral or
Crown lands shall be sold or otherwise disposed of for an estate in mineral oil; and
fee simple.
A 70 No. 19 Crown Lands 1960 No. 19 Crown Lands 1960 A 71

(b) except in the case of land leased for building (b) that the grantee, fulfilling the covenant and
purposes only, to remove any stone, gravel, conditions contained in such grant or implied
soil or other substances required for the by virtue of this |Ordinance, shall quietly hold
construction or repair of any road, and enjoy the premises without any
Government building or other public work. interruption by the grantor or any person
(3) The rights reserved under subsection (2) of this claiming under him, except so far as the laws
section may be exercised by any person authorized by the grantor in for the time being in force in Sierra Leone
that behalf. may permit.
Payment for 8. (1) Where an agreement has been entered into for the
agreed sums 11. In every grant under this Ordinance, there shall by virtue Implied
of grant. making of any grant under this Ordinance in consideration of the covenants by
of this Ordinance be implied covenants by the grantee– grantee.
payment of an agreed sum of money and a portion only of such sum
has been paid, the land shall vest in the grantee, but the Crown shall
have a lien on the land for the balance of the agreed sum remaining (a) that he will pay the rent or royalties (if any)
unpaid. thereby reserved at the times and in the
manner therein provided;
(2) If the balance of such agreed sum is not paid within
six months of the date of the agreement, or within such other period
(b) that he will pay all taxes, rates, charges, duties
as may be specified in the agreement, the land shall revert to the
and other outgoings of whatever description
Crown and all money paid by the grantee shall be forfeited.
as are or may be imposed, charged or
(3) No grantee shall be entitled to a conveyance, lease or assessed upon the land and upon any
other formal instrument conferring the grant until the whole of the buildings which are or may be erected
agreed sum has been paid. thereon; and

Land to be 9. No Crown land shall be granted in any manner whatsoever (c) that he will allow the grantor or any person
surveyed
before grant under this Ordinance until it has been surveyed and demarcated by a acting under his direction or by virtue of his
made. Government or licensed surveyor and the plan thereof has been duty as an officer of the Government, with or
approved and signed by the Director of Surveys and Lands or by an without workmen, at all reasonable times to
officer of his department acting on his behalf. enter into and upon the premises and examine
the state and condition thereof.
Implied 10. In every grant under this Ordinance, there shall by virtue
covenants by
grantor. of this Ordinance be implied covenants by the grantor– 12. In every grant under his Ordinance there shall by virtue of Idem.
(a) that he has full power to make such grant; this Ordinance be implied, unless such covenant are therein expressly
and varied or excepted, covenants by the grantee–
A 72 No. 19 Crown Lands 1960 No. 19 Crown Lands 1960 A 73

(a) that he will not sub-divide, convey, assign, (b) that he will provide drainage and water supply
or otherwise alienate the premises or any part in full compliance with all such regulations
thereof by sale, mortgage, transfer of and rules relating to the provision of drainage
possession, lease or sub-lease without the and water supply as are applicable to the
consent of the grantor in writing first had premises, or as may otherwise be required;
and obtained;

(b) that he will cause all conveyances, and (c) that he will maintain the buildings erected on
assignments of the premises or any part the premises in good and substantial repair.
thereof to be registered in the office of the
Registrar-General within one hundred and 14. In every agricultural lease under this Ordinance, there shall Implied
twenty days of the date thereof; covenant by
by virtue of this Ordinance be implied by the lessee a covenant that Leases in
he will improve and develop the natural resources of the land in a Agricultural
(c) that he not at any time carry on or commit or Leases.
prudent and businesslike manner and will abstain from the undue
cause or permit to be carried on or committed
any noisy, offensive or dangerous trade or destruction or exhaustion of any timber, trees or Plants for the sale or
nuisance; cultivation of which the land is leased.

(d) that he will not fell, cut down or in any other 15. (1) Every covenant, whether expressed or implied, Covenants
way injure or destroy any mature trees binding on
contained in any grant under this Ordinance, shall, unless an express persons de-
standing or growing on the premises without provision to the contrary is contained in the grant, be binding upon riving title
the consent of the grantor in writing first had all persons claiming an interest in the land which is the subject of from grantee
and obtained;
such grant, and whose title is derived through or under the grantee.
(e) that he will at all times fully comply with the
provisions and requirements of all such (2) Any minor who becomes a grantee under this
regulations and rules relating to the erection Ordinance shall be in the same position with regard to his liability
and construction of buildings as are and obligation under or in respect of his grant as if he were of full age.
applicable to the premises, or as may otherwise
be required. 16. (1) The owner or lessee of any Crown land sold, granted Boundary
marks.
or leased before or after the coming into operation of this Ordinance
Implied 13. In every building lease granted under this Ordinance, there
covenants by shall at all times maintain in repair to the satisfaction of the Director
shall by virtue of this Ordinance be implied, unless such covenants
lessee in of Surveys and lands or of such other officer as the Minister may
building lease. are therein expressly varied or excepted, covenants by the grantee –
appoint in this behalf all boundary marks or pillars placed or erected
(a) that he will erect the building specified in the to denote the boundaries of the land in question.
lease in the manner and within the period of
time therein provided;
A 74 No. 19 Crown Lands 1960 No. 19 Crown Lands 1960 A 75

(2) Every owner or occupier of land abutting on Crown 19. (1) When any land sold or leased under this Ordinance Resumption
of lands for
land shall define and keep defined the boundary between the land exceed two hundred acres the grantor may at any time enter and roads,
owned or occupied by him and the adjoining Crown land to the resume any portion of such lands for roads, railways, canals, water, railways, etc
satisfaction of the Director of Surveys and Lands or of such other channels or trigonometrical stations or any other public undertaking
officer as the Minister may appoint in this behalf, and in default of his without paying compensation for the land, but compensation shall
so doing the Director of Surveys and Lands or other officer as be paid for buildings or crops destroyed or damaged.
aforesaid may by notice in writing require such owner or occupier to
define such boundary in such manner and within such time as shall Provided that in the event of a larger portion than four per
be specified in such notice. centum of such land being resumed for any such purpose as aforesaid
there shall be paid to the owner or lessee, as the case may be,
(3) Any owner or occupier who fails to comply with the compensation for the land taken in excess of such portion
requirements of a notice served upon him in accordance with the (2) When any land sold or leased under this Ordinance
provisions of subsection (2) of this section shall be guilty of an does not exceed two hundred acres the grantor may at any time enter
offence against this Ordinance, and shall on summary conviction be and resume any portion of such lands for any of the purposes
liable to a fine not exceeding one hundred pounds and in addition to mentioned in subsection (1), paying compensation for the land taken.
or in lieu of such fine the court shall order him to pay the expenses
incurred (if any) by the Government in defining the boundary which (3) Whenever land which has been leased is resumed
he has neglected to define. under this section the lessee shall be entitled to a proportionate
reduction in his rent.
Power to 17. Any person authorised by the grantor may at any time
erect (4) The grantor may appoint any officers of the
telegraph
enter upon any land which is the subject of a grant under this
poles. Ordinance or under any Ordinance repealed by this Ordinance and Government, their servants and agents, to exercise the powers reserved
may – to him by this section.

(a) set up poles on and carry electric lines across (5) Compensation payable under this section shall not
such land and; exceed, in the case of buildings or crops, the market value of such
buildings or crops, and in the case of land resumed the market value
(b) lay sewers, drains, water pipes or electric lines of such land.
therein without paying compensation but (6) The compensation to be awarded under this section
making good any damage done. shall, if not agreed upon between the grantor and the claimant, be Cap. 193.
determined by the Supreme Court in the like manner as compensation
Saving of 18. All public thoroughfares existing on any land granted under is determined under the Public Lands Ordinance.
public
thorough-
this Ordinance shall be deemed to be and shall be reserved and shall
fares. remain free and uninterrupted unless the same be closed or altered (7) Resumption of land under this section may be effected
by the order of the Minister or by any other competent authority. before the compensation (if any) is paid, either by actual entry on the
land resumed, or by service of notice of resumption on the owner or
lessee.
A 76 No. 19 Crown Lands 1960 No. 19 Crown Lands 1960 A 77

Revision of 20. (1) In every lease granted under this Ordinance, unless 21. (1) When in any lease under this Ordinance the lessee Penal rent.
rent.
express provision to the contrary is contained therein, there shall by has covenanted to develop or effect improvements on the land leased
virtue of this Ordinance be reserved to the grantor the right to revise and has committed a breach of such covenant the grantor may at the
and fix the rent for such periods (hereinafter referred to as revision time of such breach or at any time thereafter, and at the expiration of
periods) as may be specified in the lease, or, in the absence of such every year thereafter so long as the breach be not remedied, fix a
specification, for periods of seven years.
penal rent which shall be payable for one addition to and at the same
time and manner as the rent reserved is payable and shall be
(2) As nearly as may conveniently be to the date of
commencement of each revision period, the grantor shall revise and recoverable as rent. The first penal rent shall not exceed the rent
fix yearly rent which shall be payable during such revision period. reserved in the lease and penal rents subsequently fixed shall not
exceed double the penal rent payable in respect of the preceding
Provided that if for any reason the grantor considers it year.
desirable to postpone the revision of the rent reserved under any
lease, the grantor may postpone such revision for such time, (2) Notice of such penal rent being imposed and the
irrespective of any revision period, as he shall think fit; but should amount thereof and the date from which it is payable shall be given in
the right to revise be subsequently exercised the rent then fixed shall writing to the lessee.
be payable for the remainder of the current revision period.
(3) The fact that a penal rent has been imposed shall not
(3) In revising the rent, the grantor shall have regard to
preclude the grantor, in lieu of fixing a subsequent penal rent, from
the rent obtainable at the time of revision for similar land of similar
taking or directing to be taken proceedings for the forfeiture of the
area and amenities similarly situated, and to all the circumstances of
the case, but shall not take into account any increase in the value of lease by reason of the breach in relation to which the penal rent has
the land due to improvements made on the land by the lessee. been imposed, provided that such proceedings shall not be taken
during the period for which a penal rent has been paid.
(4) The amount at which the revised rent has been fixed
by the grantor shall be notified to the lessee. 22. The rent reserved or payable under any lease granted under Rent.
this Ordinance shall be a debt to the Crown and shall be paid at the
(5) If the grantor and the lessee are unable to agree as to office of the Director of Surveys and Lands or at such other office as
the revised rent to be paid, the matter shall be referred to an arbitrator the grantor may appoint.
to be agreed upon by the grantor and the lessee, or, in the absence of
such agreement, by the Chief Justice. 23. The grantor or any person appointed by the grantor in that Grantor may
sue for rents
behalf may, without prejudice to the right of the Crown to recover in arrear.
(6) The decision of the arbitrator shall be final and binding
rent in arrear in any other way, sue for the same, together with the
on both parties, and unless the revised rent fixed by the arbitrator is
less than that originally demanded by the grantor the lessee shall penalty (if any) which may be payable under the last preceding
pay any costs incidental to the arbitration. section, and such suit may be instituted in the Supreme Court or in a
Magistrate’s court.
A 78 No. 19 Crown Lands 1960 No. 19 Crown Lands 1960 A 79

Grantor may 24. The grantor may, on behalf of Her Majesty, distrain for rent Provided that the power of re-entry authorised by this
distrain for
rent due. due under any lease under this Ordinance, or under any Ordinance subsection shall not be exercisable in respect of the breach or non-
repealed by this Ordinance, and may authorize any person to act for observance of any covenant or condition express or implied which is
him in this behalf. capable of immediate remedy (other than a covenant for payment of
General
rent or a covenant against assigning or sub-letting) unless and until
25. (1) The grantor may accept on such terms and conditions
powers of the grantor shall have caused to be served upon the lessee a notice
grantor.
as he may think proper the surrender of any lease or licences granted
specifying the particular breach or non-observance of which complaint
under this Ordinance.
is made and requiring the lessee to remedy such breach or non-
(2) The grantor may wholly or partially rent, except as observance, and, at the discretion of the grantor, to make reasonable
otherwise prescribed, all or any of the covenants or conditions compensation in money therefore, and the lessee has failed to remedy
contained in any lease or licence granted under this Ordinance in any such breach or non-observance and to pay such compensation as
case where, owing to special circumstances, compliance therewith aforesaid to the grantor. Such notice shall–
would be impossible or would cause great hardship to the grantee.
(a) be served personally upon the lessee; or
(3) The grantor may extend, except as otherwise
prescribed, the time to the lessee for performing the covenants or
conditions contained in any lease or licence liable to forfeiture for (b) be sent to him by registered post to his last
such period, and upon such terms and conditions as he may think fit, known address; or
and the period so extended and the terms and conditions so imposed
shall be deemed to be inserted in the lease and shall be binding upon (c) be published in the Gazette and a copy
the lessee. thereof be affixed to the premises.

Sale of lease 26. No lease under this Ordinance or under any Ordinance (2) Any right of action or other remedy of the grantor in
by a Court to repealed by this Ordinance which contains a covenant, whether
be approved respect of any breach or non-observance by the grantee or by any
express or implied, the lessee not to assign without the consent of
by the person deriving any interest in the premises through or under the
grantor. the grantor shall be sold by or under the orders of any Court in
execution of a decree or otherwise howsoever, except to a purchaser grantee of any of the covenants or conditions, whether express or
approved by the grantor. implied, contained in any grant under this Ordinance shall not be
prejudiced by the exercise of the power of re-entry conferred upon
PART III–REMEDIES OF CROWN
the grantor by sub-section (1) of this section.
Power of re- 27. (1) If there shall be any breach or non-observance by the
entry on
breach of
grantee or by any person deriving any interest in the premises through (3) The acceptance by or on behalf of the grantor of any
covenant. or under the grantee of any of the covenants or conditions whether rent shall not operate as a waiver by the grantor of any for-feiture
express or implied contained in any grant under this Ordinance, the accruing by reason of the breach or non-observance of any covenants
grantor may at any time after such breach or non-observance re- or conditions, whether express or implied, contained in any grant
enter into and upon the premises or any part thereof in the name of
under this Ordinance.
the whole, and have again, repossess, hold and enjoy the same as in
his former estate:
A 80 No. 19 Crown Lands 1960 No. 19 Crown Lands 1960 A 81

Unoccupied 28. (1) Where any land granted under this Ordinance appears the land sought to be recovered shall be given by the defendant to
lands.
to the grantor to have been unoccupied for a period exceeding twelve the plaintiff on behalf of the Crown, either forthwith or on or before
months, he may cause notice in writing to be given to the grantee such day as the Court shall think fit to appoint, and shall issue such
that, if within the six months next following the date of such notice process as may be necessary to carry such order into effect.
the grantee does not appear and afford proof that he intends to use
and develop the land to a reasonable extent within a reasonable time, Evidence in
31. In any action, suit or proceedings against any person for
the land shall revert to the Crown, and all money paid in consideration proceedings.
or in respect of any alleged unlawful occupation use of, or trespass
of the grant of such land shall be forfeited.
upon any Crown land, the proof that the occupation or use in question
(2) Such notice shall be published in the Gazette, and a was authorized shall lie on the defendant, and in every such action,
copy thereof shall be affixed to the land, and, if the address of the suit or proceedings and in every action by or against the Government
grantee is known, a copy shall be sent by registered post to such in which title to land shall be in issue the averment that any land is
address. Crown land shall be sufficient without proof of such fact, unless the
defendant prove the contrary.
(3) If the grantee does not appear within the six months
next following the date of the publication of such notice in the Gazette,
32. No action or other remedy by or on behalf of the Crown for Right of
or, if having appeared, he fails to afford reasonable proof that he Crown to sue
intends to use and develop the land within a reasonable time, the the recovery of Crown land shall be barred or affected by any Statute, not to be
grantor may by notice in the Gazette declare the land to be forfeited, Ordinance or other law of limitation. barred by
limitation.
and the land shall thereupon revert to the Crown.
33. No action or other remedy for the recovery of rent due Suit for rent
Debt to not barred by
29. No forfeiture shall operate to extinguish any debt to the under any lease granted under this Ordinance or under any Ordinance limitation.
Crown not
extinguished Crown in respect of any rent payment to be made by a lessee under a repealed by this Ordinance shall be barred or affected by any Statute,
by forfeiture. lease forfeited. Ordinance or other law of limitation.
Recovery of 30. (1) Without prejudice to any remedy which the grantor
Crown lands 34. No right of way shall be presumed or allowed to be asserted Right of way
in unlawful may have under any other law, where any person without right, title not to be
or established against the Crown by reason only of user, whether presumed
occupation. or licence or whose right, title or licence has expired or been forfeited
such user commenced before or after the date of the coming into against the
or cancelled, is in occupation of Crown land, the Attorney-General Crown.
or some person appointed by him in that behalf or the Director of operation of this Ordinance.
Surveys and lands, may enter a suit in the Supreme Court or in a
Magistrate’s Court to recover possession thereof. 35. A notice served personally on the person to be served, or Service of
notice.
left at or sent by registered post to his last known address in Sierra
(2) If upon the hearing of such suit the defendants does Leone, or if his address is not known, published in the Gazette, shall
not appear, or appears but fails to establish an absolute right to the be deemed to be good service for the purposes of this Ordinance.
possession of the land, the Court shall order that the possession of
A 82 No. 19 Crown Lands 1960 No. 19 Crown Lands 1960 A 83

PART IV–PENALTIES 41. Any person who occupies or uses any Crown land, unless Punishment
of persons
he holds a licence or other authority for that purpose granted under trespassing on
Setting fire to 36. Any person who shall set fire or cause the same to spread this Ordinance, shall be guilty of an offence and liable, on summary Crown lands.
Crown lands.
to any Crown land, unless such person is a lessee of, or holds a conviction, to a fine not exceeding fifty pounds:
licence to occupy and use, the same or is acting under the lawful
orders of such lessee or licensee, shall be guilty of an offence and Provided that no person shall be convicted under this section Claim of
right.
liable, on summary conviction, to a fine not exceeding fifty pounds. who proves to the satisfaction of the Court before whom he is brought
that he, or those through whom he claims occupied the land under a
Lessee or
licensee
37. Any lessee of, or person who holds a licence to occupy bona fide claim of right.
allowing fire and use, any Crown land who shall allow any fire to spread from the
to spread. land so leased or occupied and used by him to any other land, whether PART V – MISCELLANEOUS
such other land be Crown land or private property, shall be guilty of Rules.
an offence and liable, on summary conviction, to a fine not exceeding 42. The Minister may make Rules for all or any of the following
fifty pounds. purposes–

Production of 38. Any person who shall be found occupying or using any (a) classifying leases according to the purpose
licence.
Crown land or cutting wood or felling and removing trees thereon for which or the class of persons to whom
and who shall, upon demand being made by any police officer or they may be granted and prescribing the form
other person in uniform appointed for that purpose in writing by the of any lease;
Director of Surveys and Lands, refuse or fail after reasonable time
given for that purpose, to produce and show his licence or other (b) prescribing the term of years for which any
authority shall be guilty of an offence and liable, on summary class of lease may be granted;
conviction, to a fine not exceeding ten pounds.
(c) prescribing the praemia and rents to be paid
Power to 39. Every police officer or other person in uniform appointed and providing for the revision of rent;
arrest. for that purpose in writing by the Director of Surveys and Lands may
arrest any person who is found Cutting any wood or thing or felling (d) prescribing the manner in which application
trees on or occupying or using any Crown land, unless such person for leases shall be made and the fees to be
holds a licence or other authority for that purpose under this paid;
Ordinance.
(e) providing for the survey and demarcation of
Punishment 40. Any person who cuts or takes any wood or thing from or Crown lands to be sold or leased, and fees to
of persons off any Crown land without having a licence or other authority for be paid for such survey and demarcation;
cutting trees,
on Crown that purpose granted under this Ordinance, or in breach of any
lands. condition of such a licence or authority, shall be guilty on of an (f) prescribing the fees to be paid for any
offence, and liable, on summary conviction, to a fine not exceeding instrument issued under this Ordinance;
fifty pounds.
A 84 No. 19 Crown Lands 1960 No. 19 Crown Lands 1960 A 85

(g) prescribing the period for which and the Passed in the House of Representatives this 24th day of November, in the
conditions under which licences for the year of our Lord one thousand nine hundred and sixty.
temporary occupation of Crown land may be
issued; S. V. WRIGHT,
Clerk of the House of Representatives.
(h) providing for the care, management and
protection of unoccupied Crown land; and
THIS PRINTED IMPRESSION has been carefully compared by me with the Bill
which has passed the House of Representatives and found by me to be a true and
(i) generally for carrying out and giving effect
correct copy of the said Bill.
to the purposes of this Ordinance.

43. No grant of Crown land made before the commencement of S. V. WRIGHT,


Validation of Clerk of the House of Representatives.
existing
this Ordinance shall be deemed to be invalid because it has been
grants made or executed or both made and executed by the Minister or by
the Director of Surveys and Lands or because, if it has been so made
or executed, it has not been made under the Public Seal. M.P. SM/49

44. (1) The Crown Lands Conservancy Ordinance is hereby


Repeal Cap. repealed without prejudice to anything done or suffered there –.
53
under or to any right, privilege, obligation or liability acquired or
incurred thereunder.

(2) The Registration of Instruments Ordinance is hereby


Cap. 200.
amended by the deletion of the definition of “Crown Grant” which
appears in section 2 thereof, and by the substitution therefore of the
following definition –

“Crown Grant” means a grant of land made by the


Governor by the Minister for the time being charged
with the responsibility for lands, or by a public officer
deputed by the Minister on behalf of the Crown:”

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