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Section 45: Defence Regulations.
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CHAPTER 1.
INTERPRETATION.
An Ordinance to amend and consolidate the Interpretation
Ordinance, 1933.
(1ST JANUARY, 1946.]
13 of 1945.
25 of 1954.
13 ofl957.
28 of 1957.
1. This Ordinance may be cited as the Interpretation Short title.
2. This Ordinance shall apply to the Colony and Protectorate
and its provisions shall apply to this Ordinance and to all
Ordinances in force at the date of this Ordinance and to all
Ordinances hereafter enacted.
3. In every Ordinance, unless the context otherwise requires-
" act " used with reference to an offence or civil wrong
includes a series of acts, and words which refer to acts done
extend to illegal omission;
" administrative officer " means and includes every
Provincial Commissioner of a Province, District Commissioner, Assistant District Commissioner and every cadet
in the Administrative Service of the Government of Sierra
Leone;
"Assistant District Commissioner," bears the meaning
assigned thereto by section 2 of the Protectorate Ordinance;
" 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
Her Majesty's Government in the United Kingdom or the
Government of any part of Her Majesty's dominions;
" Chapter," " Part," " section," and " schedule " denote
respectively 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;
Application.
Interpretation of terms.
25 of 1954.
Cap. 79.
"Chief," used in relation to the Protectorate, bears the
meaning assigned thereto by section 2 of the Protectorate
"Chief Justice" means the Chief Justice of the Supreme
Court;
" 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
" commencement " ;
"common law" means the common law of England;
" constable " includes any member of the Sierra Leone
Police Force;
" Crown 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 Crown Agents as herein
defined;
"district," used in relation to the Protectorate, bears the
meaning assigned thereto by section 2 of the Protectorate
" District Commissioner " bears the meaning assigned
thereto by section 2 of the Protectorate Ordinance;
" District Council " means a District Council constituted
in terms of section 2 of the District Councils Ordinance;
" Executive Council " means the Executive Council of
Sierra Leone;
"Gazette" means The Sierra Leone Royal Gazette;
" Gold Coast " shall be construed, with effect from the
6th day of March, 1957, as referring to Ghana;
" Governor " includes the Officer for the time being
administering the Government of Sierra Leone;
" Governor in Council " means the Governor acting with
the advice of the Executive Council, but not necessarily in
such Council assembled;
"Government,"" the Government," "the Colonial Government " mean the Government of Sierra Leone;
'' 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 relation to the Protectorate, bears
the meaning assigned thereto by section 2 of the Protectorate
"Her Majesty's dominions" includes all British Protectorates and British Protected States and all territories
administered by the Government of any part of Her Majesty's
dominions under the trusteeship system of the United
Nations;
" His Majesty," " Her Majesty," " King," " Queen,"
" Crown " mean the Sovereign for the time being of the
United Kingdom and his or her heirs and successors;
" House of Representatives " means the House of Representatives of Sierra Leone;
" land " includes messuages, tenements and hereditaments,
houses and buildings of any tenure;
" legal practitioner " means a person admitted and enrolled
to practice as a barrister and solicitor in the Supreme Court;
" Legislative Council " means the Legislative Council of
Sierra Leone, as formerly constituted, provided that with
effect from the lst day of July, 1957, a reference in any
Ordinance to the Legislative Council or to a Legislative
Councillor shall be construed as a reference to the House of
Representatives and to a member of the House of Representatives, respectively;
" Magistrate " includes a Police Magistrate;
" Minister " means the member of the Executive Council
for the time being charged with the responsibility for the
department or subject to which the context refers;
" 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-
(a) which is of European or Asiatic origin; or
(b) whose principal place of settlement is in the Colony;
"non-native" means any person other than a native;
"oath,"" swear," and" affidavit" 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;
28 of 1957.
Cap. 150.
" Order in Council " means an order made in pursuance of
powers conferred by Ordinance on the Governor in Council;
"Ordinance" means any enactment by the Legislature 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
Protectorate Ordinance;
"person" includes any company or association or body of
persons, corporate or unincorporate;
" Police Officer " includes all members of the Sierra Leone
Police Force, established under the provisions of section 3 of
the Police Ordinance, of and above the rank of sub-inspector;
" prescribed " means prescribed by or under the Ordinance
in which the word occurs;
" Protectorate " bears the meaning assigned thereto by
sub-section {2) of section 2 of the Protectorate Ordinance;
"Province," used in relation to the Protectorate, bears the
meaning assigned thereto by section 2 of the Protectorate
" Provincial Commissioner," used in relation to the
Protectorate, bears the meaning assigned thereto by section
2 of the Protectorate Ordinance;
" public holiday " means any day which, under the provisions 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 receives compensation therefor 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 registered in Sierra Leone as a medical practitioner under the law
for the time being relating to the registration of medical
practitioners;
" regulations " includes rules and bye-laws;
"rules" include regulations and bye-laws;
"rules of court" means, when used in relation to any 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 2 of 1954.
Rural Area of the Colony as constituted under section 3 of
the Rural Area Ordinance; Cap. 75.
" Rural Area Council," used in relation to the Colony 2 of 1954.
means the Rural Area Council established in terms of section
4 of the Rural Area Ordinance; Cap. 75.
"rural district," used in relation to the Colony, means a 2 of 1954.
rural district constituted under section 3 of the Rural Area
Ordinance; Cap. 75.
"rural district council," used in relation to the Colony, 2 of 1954.
means a rural district council established in terms of section 4
of the Rural Area Ordinance; Cap. 75.
" sale " and " sell " include exchange, barter and offering or
exposing for sale;
" Secretary of State" means Her Majesty's Principal
Secretary of State for the Colonies;
" ship " includes every description of vessel used in navigation and not exclusively propelled by oars or paddles;
" Sierra Leone " includes the Colony and Protectorate;
" sign " in reference to the signing of any document
includes making a mark;
" statutory declaration " means a declaration made by
virtue of the provisions of the United Kingdom Act, known 5 and 6 Vv'ill.
as the Statutory Declarations Act, 1835; 4, c. 62.
" summary conviction " means conviction before a Magistrate;
" Supreme Court " means the Supreme Court of Sierra 2 of 19M.
Leone;
"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, photographing,
lithographing and any other mode of representing or reproducing words or figures in a visible form;
8 Cap. 1] Interpretation
---------
Interpretation of
masculine,
feminine,
singular and
plural words.
Forms.
Terms
defined in
Ordinances to
have same
meaning in
subsidiary
legislation.
Imperial
Acts to be
read with
necessary
modification.
Rights of
Crown.
" year " means a year reckoned according to the British
calendar.
4. In every Ordinance, unless a contrary intention appears-
(a) words importing the masculine gender include females,
and
(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
deviations 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 context.
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
alterations as to names, localities, courts, officers, persons,
moneys, and otherwise as may be necessary to make the same
applicable to the circumstances:
Provided that whenever under any Act of Parliament so
extend~d 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 Council;
(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 seal is mentioned in any such Act of
Parliament it shall be read as if the seal of the Supreme Court
were substituted therefor.
8. No Ordinance shall in any manner whatsoever affect the
rights of the Crown, 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 app~y to the. Protectorate unless it is so .provided by
the Ordinance 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 unless
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
Application
of
Ordinances
to be deemed
public
11. All Ordinances shall be divided into sections, if there be Division of
h h Ordinances
more enactments t an one, and such sections s all be deemed into sections.
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 amended,
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 to the order, rule or bye-law
making authority may seem :fit, and such order, rule or byelaw may direct whether such breach shall be prosecuted
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 Her Majesty.
. 13. When power is given to the Governor or to the Governor
m Council to issue a Proclamation or notification, it shall include
the power of amending, revoking or suspending the said
Proclamation or notification, and of declaring the date of its
coming into force and also of substituting another therefor.
Construction
of power to
make orders,
rules and
bye-laws.
Extent of
power to
issue Proclamation.
Coming into
force of Proclamation_
Effect of
repeal of
repealing
Repealed
provisions in
force till new
provisions
commence.
Effect of
repeal.
Repeal of
Ordinances
to repeal all
orders, rules
and bye-laws
made
thereunder.
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.
15. 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 provision or
provisions, the provision or provisions repealed shall remain in
force until the substituted provision or provisions shall come
into operation by force of the latter Ordinance.
17. (1) When an Ordinance repeals and re-enacts, with or
without modifications, any provision of an Ordinance, references
in any other Ordinance to the provision so repealed shall be
construed as references to the provision so re-enacted.
(2) Where an Ordinance repeals an Ordinance, the repeal
shall not-
(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 liability acquired, accrued or incurred under any enactment so repealed;
or
(d) affect any penalty, forfeiture or punishment incurred
in respect of any offence committed against any Ordinance
so repealed; or
(e) affect any investigation, legal proceeding or remedy in
respect of any such right, privilege, obligation, liability,
penalty, forfeiture or punishment as aforesaid; and any such
investigation, legal proceeding or remedy may be instituted,
continued or enforced, and any such penalty, forfeiture or
punishment may be imposed as if the repealing Ordinance
had not been passed.
18. Where an Ordinance is repealed, all orders, rules and
bye-laws made thereunder shall be deemed to be repealed also,
unless expressly saved by the Ordinance by which such repeal
is made.
-----------------------
19. (1) Any Ordinance, Charter, Commission, Royal Warrant,
Order in Council, Order of the Queen in Council, Royal Instruction Treaty with Native Chiefs, Proclamation, Order, Rule,
Bye~law, Letters Patent, Appointment, Public Notice, Govern-
Jllent Notice, Governor's Order rna y be prima facie proved in
anY legal proceedings by producing a copy thereof-
(a) contained in any printed collection of Ordinances
purporting to be printed 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 the 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 Government Printer.
20. 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
reference, 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 Ordinance, such reference shall, unless the context
otherwise requires, be deemed to include a reference to such lastmentioned 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 inserted, 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 a9cordance with such direction, and all necessary
c?n~~quential amendments of marginal notes, headings and
diVISIOns shall be made, and references shall be made in the
margin to the section or sections of the Ordinance by which such
amendments are made:
Provided that no amendment shall by force of such direction
only have any retrospective operation. .
Proving of
Ordinances,
Orders, etc.,
in legal proceedings.
Construction
of references
to series of
sections or
rules.
Provision
with respect
to amended
Power in
Governor to
direct
amended
Ordinances
to be printed
as amended.
Construction
as to exercise
of powers
and duties.
Signification
of Orders of
the Governor.
Power to
appoint
member of
board, etc.,
temporarily.
Power to
appoint
chairman,
etc.
(2} -whenever the provisions of any Ordinance 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 abrogated shall be
omitted, and reference shall be made in the margin to the rules
whereby such abrogation 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 of a schedule has been repealed, the remaining sections, sub-sections, schedules or division of schedules
shall not be renumbered, and the fact that any section, subsection, 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 duty imposed, the power
m~y 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 Governor has made any rule or order or has
given any direction, it shall be sufficient, unless it is otherwise
provided in the said Ordinance, for such rule, order, or direction
to be issued under the hand of any member of the Executive
Council:
Provided that any proclamation or warrant issued by the
Governor shall be issued under the hand and seal of the
Governor himself.
25. Where by or under any Ordinance a power is conferred
on the Governor or any public officer or body to appoint any
person to be a member of any board, commission, committee or
similar body, the Governor or such public officer or body, as
the case may be, may, if during any period owing to absence or
inability to act from illness or any other cause any member so
appointed is unable to act as such, appoint some other person
to act temporarily for such member and during the period of
incapacity.
26. Where by or under any Ordinance a power is conferred
on the Governor or any public officer or body to appoint any
Interpretation [Cap. 1 13
b rd commission, committee or similar body, the Governor or 13 of 1957.
~:h public offi?er or body, as t~e case m.ay be, may, unle~s the
s ntrary intentiOn appears, appomt a chairman, a viCe-chairman
~~d a secretary of such board, commission, committee or similar
body.
21. (1) Where by or under any Ordinance any board, com- Powers of a
mission, committee or similar body, whether corporate or un- ~~:r:ffee;;~d.
·ncorporate, is established, then, unless the contrary intention by vacancy,
~ppears, the powers of such board, commission, committee or etc.
similar body shall not be affected by- 13 of 1957.
(a) any vacancy in the membership thereof;
(b) the fact that it is afterwards discovered that there was
some defect in the appointment or qualification of a person
purporting to be a member thereof, or
(c) the fact that there was any minor irregularity in the
convening of any meeting thereof.
(2) This section shall, in so far as it is applicable to any
District Council, have effect from the 30th day of December,
1950.
28. Where, under any Ordinance, power is given to the
Governor or any public officer or body to appoint any persons
to be members of any board, commission, committee or similar
body, the Governor or such public officer or body as the case
may be, may, in the absence of any provision to the contrary,
so appoint, by his official designation, any public officer, and,
on such appointment and until such appointment shall be cancelled or otherwise determined, the person for the time being
holding the office in question shall be a member of such board,
commission, committee or similar body.
29. Where by any Ordinance 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 duties, 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 officer or
body to have and exercise such powers and perform such duties;
and thereupon or from the date specified by the Governor or
public officer or 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.
S.L.-VoL. I-6
Power of
Governor to
appoint
public officer
as such to
serve on
board.
Appointment
of officers by
name or
office.
Acting
appointments.
Solicitor
GeneraL
Power of
Governor to
delegate
authority
vested m
him by
Making of
rules, etc.,
between
passing and
commencement of
30. 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, the 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 also
be intended.
31. 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 Attorney General occurs, the
Solicitor General shall also be intended.
32. Where by any Ordinance the Governor is empowered to
exercise any 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 conditions, 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 so deputed shall have and exercise such
powers andfor perform such duties subject as aforesaid:
Provided that no such delegation of powers and/or duties
shall have effect until notified in the Gazette:
Provided also that nothing in this section contained shall
authorise the Governor to depute any person to make rules
under any power in that behalf conferred on him by Ordinance.
33. When by any Ordinance, which is not to come into force
immediately on the passing thereof, a power is conferred on the
Governor 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, anything 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 commencement of
the Ordinance.
34. Where by or under any Ordinance a power to make any Pow~r to
• • 1' d h l h . . appomt to
appomtment IS con1erre , t en, un ess t e contrary mtentwn include
appears, the authority having power to make the appointment power dto
h 11 1 h d d. . . suspen or
s a a so ave power to remove, suspen , ISmiss, reappomt or dismiss.
reinstate any person appointed by it in exercise of the power.
35. Any Ordinance which amends another shall, so far as is
consistent with the tenor thereof, be construed as one with the
amended Ordinance; and the amended Ordinance may, in the
amending Ordinance, be referred to as the Principal Ordinance.
Amending
Ordinance to
be read with
amended
36. In computing time- Rules f?r
. . computmg
(a) a penod reckoned by days from the happemng of an time.
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 public
holiday (which days are in this section referred to as excluded
days) the period shall include the next following unexcluded
day:
Provided that nothing in this section shall affect the
operation of section 14 (l) (a) of the Bills of Exchange Cap. 227.
(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 proceeding shall be considered
as done or taken in due time if it is done or taken on the next
unexcluded day;
(d) when an act or proceeding is directed or allowed to be
done or taken within any time not exceeding six days, excluded days shall not be reckoned in the computation of the
time.
37. In the measurement of any distance for the purposes of Distance.
any Ordinance, that distance shall, unless the contrary intention
appears, be measured in a straight line on a horizontal plane.
38. Whenever the fiat of the Governor or of the Attorney Ji!vidence oi
General is necessary before any prosecution or action is com- ~~~:!:~ ~r
menced, any document purporting to bear the fiat of the ~ttorn?
Governor or the Attorney General shall be received as prima :fi::.era to
Rules of
construction
as to manner
in which
offences
are to be
prosecuted.
Meaning of
information.
Penalties
prescribed to
be deemed
maximum
penalties.
Provisions as
to offences
under two
or more laws.
Application
of fees, fines
and
forfeitures.
facie evidence in any proceeding without proof being given that
the signature to such fiat is that of the Governor or the Attorney
General.
39. (1) Where-
(a) by any Ordinance any act or onuss1on 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 cognisable 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 as aforesaid shall be presumed to have been so
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 behalf of, any public officer, it shall not
thereby be intended that such public officer shall be required
. to appear ·personally before the Court before which such
proceedings are taken.
40. 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.
41. 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 or any of
those Ordinances or Statute or at common law, but shall not be
liable to be punished twice for the same offence.
42. (1) Where by or under any Ordinance any person is
required to pay any charge or fee for any act or thing done or
document issued, or signature or seal affixed to any document,
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Interpretation [Cap. 1 17
by any public officer or department, or where any person is
djudged by any court, or other authority duly authorised by
iaw to pay or forfeit any sum of money, such charge or fee and
such sum of money shall be paid into the Treasury and form
part of the general revenue of Sierra Leone unless otherwise
rovided; and if any such charge or fee, or if any commission
~n money received or taken possession of, realised, 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 Treasury.
(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 an~ form p~rt 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 forfeitures,
or of proceeds of forfeitures, are expressed to be recoverable
by any person, or may be granted by any authority to any
person.
43. Where any Ordinance authorises or requires any docu- Mea~ing of
ment to be, served by post, whether the expression "serve," ~~r;.ce by
" give " or " send " or any other expression is used, then, unless
the 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.
44. Save as is otherwise expressly provided by any Ordinance, Po~e~ of
h hi . . d b d b h maJonty of
w enever any act or t ng IS reqmre to e one y more t an more than
two persons, a majority of them may do it. two persoilJl.
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