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The Crown Lands Ordinance, 1960
In forceLand and propertyAct of Parliament · 73 provisions
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Contents
- Preamble
- Section 1 — THE CROWN LANDS ORDINANCE NO. 19 OF 1960 ................................
- Section 2 — TRANSFER OF DEFENCE LANDS ORDINANCE NO. 8 OF 1961 ..............
- Section 3 — AN ACT TO AMEND THE CROWN LANDS ORDINANCE
- Section 4 — AN ACT TO AMEND THE CROWN LANDS ACTS NO. 18 OF 1963 .........
- Section 5 — PUBLIC LANDS ORDINANCE – CHAPTER 116 ........................................
- Section 6 — UNOCCUPLIED LANDS ORDINANCE – CHAPTER 117 ...........................
- Section 7 — PROTECTORATE LAND ORDINANCE – CHAPTER 122 ..........................
- Section 8 — AN ORDINANCE TO AMEND THE PROTECTORATE
- Section 9 — AN ACT TO PROVIDE FOR THE CONTROL AND PROTECTION
- Section 10 — AN ACT TO AMEND THE PROVINCES LAND
- Section 11 — THE PROVINCES LAND (AMENDMENT) ACT NO. 18 OF 1976 .............
- Section 12 — LAWS ADAPTATION ACTS NO. 29 OF 1972 ............................................
- Section 13 — AN ACT TO AMEND THE AIRFIELDS AND
- Section 14 — FREETOWN IMPROVEMENT ORDINANCE – CHAPTER 66 ...................
- Section 15 — AN ACT TO AMEND THE FREETOWN IMPROVEMENT
- Section 16 — AN ACT TO AMEND THE FREETOWN IMPROVEMENT
- Section 17 — THE FREETOWN IMPROVEMENT (EXTENSION)
- Section 18 — THE FREETOWN IMPROVEMENT (EXTENSION)
- Section 19 — WAR DEPARTMENT LANDS – CHAPTER 124 .........................................
- Section 20 — TOWN AND COUNTRY PLANNING ORDINANCE NO. 19
- Section 21 — THE TOWN AND COUNTRY PLANNING (AMENDMENT)
- Section 22 — THE NON-CITIZENS (INTEREST IN LAND) ACT
- Section 23 — THE NON-CITIZENS (INTEREST IN LAND) ACT NO. 30 OF 1966 ...........
- Section 24 — AN ORDINANCE TO PROVIDE FOR AND REGULATE THE
- Section 25 — THE SURVEY ORDINANCE NO. 11 OF 1950 (THE SURVEY
- Section 26 — GENERAL REGISTRATION – CHAPTER 255 .............................................
- Section 27 — REGISTRATION OF INSTRUMENT – CHAPTER 256 ...............................
- Section 28 — FORESHORES ACT– CHAPTER 149 ..........................................................
- Section 1 (2) — This Ordinance may be cited as the Crown Lands Ordinance,
- Section 2 (2) — In this Ordinance, unless the context otherwise requires –
- Section 3 (2)
- Section 4 (2)
- Section 5 (2)
- Section 6 (2)
- Section 7 (2)
- Section 8 (2)
- Section 9 (2)
- Section 10 (2)
- Section 11 (2)
- Section 12 (2)
- Section 13 (2)
- Section 14 (2)
- Section 15 (2)
- Section 16 (2)
- Section 17 (2)
- Section 18 (2)
- Section 19 (2)
- Section 20 (2)
- Section 21 (2)
- Section 22 (2)
- Section 23 (2)
- Section 24 (2)
- Section 25 (2)
- Section 26 (2)
- Section 27 (2)
- Section 28 (2)
- Section 29 — No forfeiture shall operate to extinguish any debt to the
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35
- Section 36
- Section 37
- Section 38 — Any person who shall be found occupying or using any
- Section 39
- Section 40
- Section 41
- Section 42
- Section 43
- Section 44
ii
STATUTES RELATING TO LAND LAW IN SIERRA LEONE
TABLE OF CONTENT
NO. 37 OF 1961 ............................................................................................
LAND ORDINANCE NO. 15 OF 1961 ..........................................................
OF LAND DEVELOPMENT OF NON-CITIZENS NO. 61 OF 1962 ..............
ACT NO. 11 OF 1965 ...................................................................................
DEFENCE LANDS (ACQUISITION OF CLEARANCE
RIGHTS) ACT NO. 48 OF 1962 – CHAPTER 120 .........................................
ORDINANCE NO. 56 OF 1961 (ALSO SEE PAGES NO. 35-47) ................
(EXTENSION) ACT NO. 10 OF 1964 – CHAPTER 77 ..................................
ACT-CHAPTER 77 – PN NO. 76 OF 1964 ....................................................
ACT - CHAPTER 77 – PN NO. 75 OF 1964 ..................................................
OF 1946 – CHAPTER 81 ..............................................................................
ACT NO. 3 OF 2001 .....................................................................................
(AMENDMENT) DECREE NO. 7 OF 1968 ...................................................
SURVEY OF LANDS AND THE LICENSING OF
SURVEYORS – CHAPTER 128 ....................................................................
RULES, 1953) ...............................................................................................
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)
BE IT ENACTED by the Legislature of Sierra Leone, as follows:–
Date of commencement.
In Her Majesty’s name I assent to this Ordinance this 31st day of
December, 1960.
MAURICE H. DORMAN,
Governor.
LS
A 65
PART 1–PRELIMINARY
1960 and shall apply to the Colony only.
“agricultural lease” means a lease for the purposes
of agriculture or for the raising and breeding of cattle,
or for the growing and cultivation of any economic
product or crop, or for a timber forest:
“building lease” means a lease for building purposes
or for purposes connected therewith:
“crown lands” means all lands which belong to the
Crown by virtue of any treaty, cession, convention
or agreement, and all lands which have been or may
hereafter be acquired by or on behalf of the Crown,
for any public purpose or otherwise however and
land acquired under the provisions of the Public
Lands Ordinance and includes all shores, beaches,
lagoons, creeks, river estuaries and other places and
waters whatsoever belonging to, acquired by, or
which may be lawfully disposed of by or on behalf
of the Crown:
“Director of Surveys and Lands” includes the
Assistant Director of Surveys and Lands.
“grant” means–
(a) any grant for an estate in fee simple:
(b) any lease:
(c) any licence or other document authorising
the grantee, his heirs and assigns or any of
them to hold and occupy any Crown lands:
(d) any license or other document conferring any
right to cut, gather, take and carry away
timber, fibre or other natural product within
any Crown lands therein specified:
(e) any licence or other document conferring any
right to search for, work and carry away any
minerals, gravel or other materials within any
Crown lands therein specified:
(f) any licence or other document conferring any
right to make use of any beach, bank,
foreshore or ground adjoining the shore or
bank of any sea, creek or river:
(g) generally, any grant, licence or right
whatsoever relating to any Crown lands
which may lawfully be made, given granted,
assigned or otherwise disposed of by or on
behalf of the Crown:
“Lease” means the grant of the possession of land by
or on behalf of the Crown as lessor for a term of
years or other fixed period with a reservation of rent:
“Mineral Oil” has the same meaning as in the Mining
(Mineral Oil) Ordinance, 1958:
“Minerals” has the same meaning as in the minerals
Ordinances;
“Minister” means the Minister for the time being
charge with the responsibility for lands;
A 66 A 67
Short title and
application.
Interpretation.
Cap. 193.
No. 8 of
1958.
Cap. 144.
“public purposes” means and includes–
(a) for exclusive Government use or for general
public use;
(b) for or in connection with sanitary
improvements of any kind, including
reclamations;
(c) for or in connection with the laying out of
any new Government station or the extension
or improvement of any existing Government
station;
(d) for obtaining control over land contiguous
to any port or airport;
(e) for obtaining control over land required for
defence purposes;
(f) for obtaining control over land required for
civil aviation purposes; and
(g) for obtaining control over land the value of
which will be enhanced by the construction
of any railway, road, or other public work or
convenience about to be undertaken or
provided by the Government.
PART II – GRANTS
Except with the consent of the Governor first had andobtained or except as may be otherwise provided in any law, no
Crown lands shall be sold or otherwise disposed of for an estate in
fee simple.
Subject to the provisions of section 3 of this Ordinance,the Governor on behalf of the Crown may make grants of Crown
lands in such manner and subject to such conditions as may be
required and as they may deem proper.
Every grant shall be executed by the Minister or a publicofficer authorized by him in that he be expressed to be made in
conformity with the provisions of this Ordinance.
Every grant of any Crown lands executed in accordancewith the provisions of section 5 of this Ordinance shall be deemed to
be valid and effectual for the purpose of conferring and assuring any
right, proprietary or possessory or as the case may be, thereby
expressed or intended to be conferred.
(1) A grant under this Ordinance shall not, unless expressprovision to the contrary is contained therein, confer any right to—
(a) the water of any spring, river, lake or stream
other than such water as may be required for
domestic purposes upon the land which is
the subject of the grant;
(b) the foreshore or to the banks of any
navigable water-way; or
(c) any mineral or to any mineral oil.
(2) There is hereby reserved to the Crown the right to
enter upon any land which is the subject of any grant under this
Ordinance, and–
(a) to search for, mine and remove any mineral or
mineral oil; and
Sale of Crown
lands
restricted.
Who may
make grants.
Style of
grants.
Validity of
grants.
Reservations.
A 68 A 69
(b) except in the case of land leased for building
purposes only, to remove any stone, gravel,
soil or other substances required for the
construction or repair of any road,
Government building or other public work.
(3) The rights reserved under subsection (2) of this
section may be exercised by any person authorized by the grantor in
that behalf.
(1) Where an agreement has been entered into for themaking of any grant under this Ordinance in consideration of the
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
unpaid.
(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
as may be specified in the agreement, the land shall revert to the
Crown and all money paid by the grantee shall be forfeited.
(3) No grantee shall be entitled to a conveyance, lease or
other formal instrument conferring the grant until the whole of the
agreed sum has been paid.
No Crown land shall be granted in any manner whatsoeverunder this Ordinance until it has been surveyed and demarcated by a
Government or licensed surveyor and the plan thereof has been
approved and signed by the Director of Surveys and Lands or by an
officer of his department acting on his behalf.
In every grant under this Ordinance, there shall by virtueof this Ordinance be implied covenants by the grantor–
(a) that he has full power to make such grant;
and
(b) that the grantee, fulfilling the covenant and
conditions contained in such grant or implied
by virtue of this |Ordinance, shall quietly hold
and enjoy the premises without any
interruption by the grantor or any person
claiming under him, except so far as the laws
for the time being in force in Sierra Leone
may permit.
In every grant under this Ordinance, there shall by virtueof this Ordinance be implied covenants by the grantee–
(a) that he will pay the rent or royalties (if any)
thereby reserved at the times and in the
manner therein provided;
(b) that he will pay all taxes, rates, charges, duties
and other outgoings of whatever description
as are or may be imposed, charged or
assessed upon the land and upon any
buildings which are or may be erected
thereon; and
(c) that he will allow the grantor or any person
acting under his direction or by virtue of his
duty as an officer of the Government, with or
without workmen, at all reasonable times to
enter into and upon the premises and examine
the state and condition thereof.
In every grant under his Ordinance there shall by virtue ofthis Ordinance be implied, unless such covenant are therein expressly
varied or excepted, covenants by the grantee–
Payment for
agreed sums
of grant.
Land to be
surveyed
before grant
made.
covenants by
grantor.
covenants by
grantee.
Idem.
A 70 A 71
(a) that he will not sub-divide, convey, assign,
or otherwise alienate the premises or any part
thereof by sale, mortgage, transfer of
possession, lease or sub-lease without the
consent of the grantor in writing first had
and obtained;
(b) that he will cause all conveyances, and
assignments of the premises or any part
thereof to be registered in the office of the
Registrar-General within one hundred and
twenty days of the date thereof;
(c) that he not at any time carry on or commit or
cause or permit to be carried on or committed
any noisy, offensive or dangerous trade or
nuisance;
(d) that he will not fell, cut down or in any other
way injure or destroy any mature trees
standing or growing on the premises without
the consent of the grantor in writing first had
and obtained;
(e) that he will at all times fully comply with the
provisions and requirements of all such
regulations and rules relating to the erection
and construction of buildings as are
applicable to the premises, or as may otherwise
be required.
In every building lease granted under this Ordinance, thereshall by virtue of this Ordinance be implied, unless such covenants
are therein expressly varied or excepted, covenants by the grantee –
(a) that he will erect the building specified in the
lease in the manner and within the period of
time therein provided;
(b) that he will provide drainage and water supply
in full compliance with all such regulations
and rules relating to the provision of drainage
and water supply as are applicable to the
premises, or as may otherwise be required;
(c) that he will maintain the buildings erected on
the premises in good and substantial repair.
In every agricultural lease under this Ordinance, there shallby virtue of this Ordinance be implied by the lessee a covenant that
he will improve and develop the natural resources of the land in a
prudent and businesslike manner and will abstain from the undue
destruction or exhaustion of any timber, trees or Plants for the sale or
cultivation of which the land is leased.
(1) Every covenant, whether expressed or implied,contained in any grant under this Ordinance, shall, unless an express
provision to the contrary is contained in the grant, be binding upon
all persons claiming an interest in the land which is the subject of
such grant, and whose title is derived through or under the grantee.
(2) Any minor who becomes a grantee under this
Ordinance shall be in the same position with regard to his liability
and obligation under or in respect of his grant as if he were of full age.
(1) The owner or lessee of any Crown land sold, grantedor leased before or after the coming into operation of this Ordinance
shall at all times maintain in repair to the satisfaction of the Director
of Surveys and lands or of such other officer as the Minister may
appoint in this behalf all boundary marks or pillars placed or erected
to denote the boundaries of the land in question.
covenants by
lessee in
building lease.
covenant by
Leases in
Agricultural
Leases.
Covenants
binding on
persons deriving title
from grantee
Boundary
marks.
A 72 A 73
(2) Every owner or occupier of land abutting on Crown
land shall define and keep defined the boundary between the land
owned or occupied by him and the adjoining Crown land to the
satisfaction of the Director of Surveys and Lands or of such other
officer as the Minister may appoint in this behalf, and in default of his
so doing the Director of Surveys and Lands or other officer as
aforesaid may by notice in writing require such owner or occupier to
define such boundary in such manner and within such time as shall
be specified in such notice.
(3) Any owner or occupier who fails to comply with the
requirements of a notice served upon him in accordance with the
provisions of subsection (2) of this section shall be guilty of an
offence against this Ordinance, and shall on summary conviction be
liable to a fine not exceeding one hundred pounds and in addition to
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
he has neglected to define.
Any person authorised by the grantor may at any timeenter upon any land which is the subject of a grant under this
Ordinance or under any Ordinance repealed by this Ordinance and
may –
(a) set up poles on and carry electric lines across
such land and;
(b) lay sewers, drains, water pipes or electric lines
therein without paying compensation but
making good any damage done.
All public thoroughfares existing on any land granted underthis Ordinance shall be deemed to be and shall be reserved and shall
remain free and uninterrupted unless the same be closed or altered
by the order of the Minister or by any other competent authority.
(1) When any land sold or leased under this Ordinanceexceed two hundred acres the grantor may at any time enter and
resume any portion of such lands for roads, railways, canals, water,
channels or trigonometrical stations or any other public undertaking
without paying compensation for the land, but compensation shall
be paid for buildings or crops destroyed or damaged.
Provided that in the event of a larger portion than four per
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,
compensation for the land taken in excess of such portion
(2) When any land sold or leased under this Ordinance
does not exceed two hundred acres the grantor may at any time enter
and resume any portion of such lands for any of the purposes
mentioned in subsection (1), paying compensation for the land taken.
(3) Whenever land which has been leased is resumed
under this section the lessee shall be entitled to a proportionate
reduction in his rent.
(4) The grantor may appoint any officers of the
Government, their servants and agents, to exercise the powers reserved
to him by this section.
(5) Compensation payable under this section shall not
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
of such land.
(6) The compensation to be awarded under this section
shall, if not agreed upon between the grantor and the claimant, be
determined by the Supreme Court in the like manner as compensation
is determined under the Public Lands Ordinance.
(7) Resumption of land under this section may be effected
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.
Power to
erect
telegraph
poles.
Saving of
public
thoroughfares.
Resumption
of lands for
roads,
railways, etc
Cap. 193.
A 74 A 75
(1) In every lease granted under this Ordinance, unlessexpress provision to the contrary is contained therein, there shall by
virtue of this Ordinance be reserved to the grantor the right to revise
and fix the rent for such periods (hereinafter referred to as revision
periods) as may be specified in the lease, or, in the absence of such
specification, for periods of seven years.
(2) As nearly as may conveniently be to the date of
commencement of each revision period, the grantor shall revise and
fix yearly rent which shall be payable during such revision period.
Provided that if for any reason the grantor considers it
desirable to postpone the revision of the rent reserved under any
lease, the grantor may postpone such revision for such time,
irrespective of any revision period, as he shall think fit; but should
the right to revise be subsequently exercised the rent then fixed shall
be payable for the remainder of the current revision period.
(3) In revising the rent, the grantor shall have regard to
the rent obtainable at the time of revision for similar land of similar
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
the land due to improvements made on the land by the lessee.
(4) The amount at which the revised rent has been fixed
by the grantor shall be notified to the lessee.
(5) If the grantor and the lessee are unable to agree as to
the revised rent to be paid, the matter shall be referred to an arbitrator
to be agreed upon by the grantor and the lessee, or, in the absence of
such agreement, by the Chief Justice.
(6) The decision of the arbitrator shall be final and binding
on both parties, and unless the revised rent fixed by the arbitrator is
less than that originally demanded by the grantor the lessee shall
pay any costs incidental to the arbitration.
(1) When in any lease under this Ordinance the lesseehas covenanted to develop or effect improvements on the land leased
and has committed a breach of such covenant the grantor may at the
time of such breach or at any time thereafter, and at the expiration of
every year thereafter so long as the breach be not remedied, fix a
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
recoverable as rent. The first penal rent shall not exceed the rent
reserved in the lease and penal rents subsequently fixed shall not
exceed double the penal rent payable in respect of the preceding
year.
(2) Notice of such penal rent being imposed and the
amount thereof and the date from which it is payable shall be given in
writing to the lessee.
(3) The fact that a penal rent has been imposed shall not
preclude the grantor, in lieu of fixing a subsequent penal rent, from
taking or directing to be taken proceedings for the forfeiture of the
lease by reason of the breach in relation to which the penal rent has
been imposed, provided that such proceedings shall not be taken
during the period for which a penal rent has been paid.
The rent reserved or payable under any lease granted underthis Ordinance shall be a debt to the Crown and shall be paid at the
office of the Director of Surveys and Lands or at such other office as
the grantor may appoint.
The grantor or any person appointed by the grantor in thatbehalf may, without prejudice to the right of the Crown to recover
rent in arrear in any other way, sue for the same, together with the
penalty (if any) which may be payable under the last preceding
section, and such suit may be instituted in the Supreme Court or in a
Magistrate’s court.
Revision of
rent.
Penal rent.
Rent.
Grantor may
sue for rents
in arrear.
A 76 A 77
The grantor may, on behalf of Her Majesty, distrain for rentdue under any lease under this Ordinance, or under any Ordinance
repealed by this Ordinance, and may authorize any person to act for
him in this behalf.
(1) The grantor may accept on such terms and conditionsas he may think proper the surrender of any lease or licences granted
under this Ordinance.
(2) The grantor may wholly or partially rent, except as
otherwise prescribed, all or any of the covenants or conditions
contained in any lease or licence granted under this Ordinance in any
case where, owing to special circumstances, compliance therewith
would be impossible or would cause great hardship to the grantee.
(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
such period, and upon such terms and conditions as he may think fit,
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
the lessee.
No lease under this Ordinance or under any Ordinancerepealed by this Ordinance which contains a covenant, whether
express or implied, the lessee not to assign without the consent of
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
approved by the grantor.
PART III–REMEDIES OF CROWN
(1) If there shall be any breach or non-observance by thegrantee or by any person deriving any interest in the premises through
or under the grantee of any of the covenants or conditions whether
express or implied contained in any grant under this Ordinance, the
grantor may at any time after such breach or non-observance reenter into and upon the premises or any part thereof in the name of
the whole, and have again, repossess, hold and enjoy the same as in
his former estate:
Provided that the power of re-entry authorised by this
subsection shall not be exercisable in respect of the breach or nonobservance of any covenant or condition express or implied which is
capable of immediate remedy (other than a covenant for payment of
rent or a covenant against assigning or sub-letting) unless and until
the grantor shall have caused to be served upon the lessee a notice
specifying the particular breach or non-observance of which complaint
is made and requiring the lessee to remedy such breach or nonobservance, and, at the discretion of the grantor, to make reasonable
compensation in money therefore, and the lessee has failed to remedy
such breach or non-observance and to pay such compensation as
aforesaid to the grantor. Such notice shall–
(a) be served personally upon the lessee; or
(b) be sent to him by registered post to his last
known address; or
(c) be published in the Gazette and a copy
thereof be affixed to the premises.
(2) Any right of action or other remedy of the grantor in
respect of any breach or non-observance by the grantee or by any
person deriving any interest in the premises through or under the
grantee of any of the covenants or conditions, whether express or
implied, contained in any grant under this Ordinance shall not be
prejudiced by the exercise of the power of re-entry conferred upon
the grantor by sub-section (1) of this section.
(3) The acceptance by or on behalf of the grantor of any
rent shall not operate as a waiver by the grantor of any for-feiture
accruing by reason of the breach or non-observance of any covenants
or conditions, whether express or implied, contained in any grant
under this Ordinance.
Grantor may
distrain for
rent due.
General
powers of
grantor.
Sale of lease
by a Court to
be approved
by the
grantor.
Power of reentry on
breach of
covenant.
A 78 A 79
(1) Where any land granted under this Ordinance appearsto the grantor to have been unoccupied for a period exceeding twelve
months, he may cause notice in writing to be given to the grantee
that, if within the six months next following the date of such notice
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,
the land shall revert to the Crown, and all money paid in consideration
of the grant of such land shall be forfeited.
(2) Such notice shall be published in the Gazette, and a
copy thereof shall be affixed to the land, and, if the address of the
grantee is known, a copy shall be sent by registered post to such
address.
(3) If the grantee does not appear within the six months
next following the date of the publication of such notice in the Gazette,
or, if having appeared, he fails to afford reasonable proof that he
intends to use and develop the land within a reasonable time, the
grantor may by notice in the Gazette declare the land to be forfeited,
and the land shall thereupon revert to the Crown.
Crown in respect of any rent payment to be made by a lessee under a
lease forfeited.
(1) Without prejudice to any remedy which the grantormay have under any other law, where any person without right, title
or licence or whose right, title or licence has expired or been forfeited
or cancelled, is in occupation of Crown land, the Attorney-General
or some person appointed by him in that behalf or the Director of
Surveys and lands, may enter a suit in the Supreme Court or in a
Magistrate’s Court to recover possession thereof.
(2) If upon the hearing of such suit the defendants does
not appear, or appears but fails to establish an absolute right to the
possession of the land, the Court shall order that the possession of
the land sought to be recovered shall be given by the defendant to
the plaintiff on behalf of the Crown, either forthwith or on or before
such day as the Court shall think fit to appoint, and shall issue such
process as may be necessary to carry such order into effect.
In any action, suit or proceedings against any person foror in respect of any alleged unlawful occupation use of, or trespass
upon any Crown land, the proof that the occupation or use in question
was authorized shall lie on the defendant, and in every such action,
suit or proceedings and in every action by or against the Government
in which title to land shall be in issue the averment that any land is
Crown land shall be sufficient without proof of such fact, unless the
defendant prove the contrary.
No action or other remedy by or on behalf of the Crown forthe recovery of Crown land shall be barred or affected by any Statute,
Ordinance or other law of limitation.
No action or other remedy for the recovery of rent dueunder any lease granted under this Ordinance or under any Ordinance
repealed by this Ordinance shall be barred or affected by any Statute,
Ordinance or other law of limitation.
No right of way shall be presumed or allowed to be assertedor established against the Crown by reason only of user, whether
such user commenced before or after the date of the coming into
operation of this Ordinance.
A notice served personally on the person to be served, orleft at or sent by registered post to his last known address in Sierra
Leone, or if his address is not known, published in the Gazette, shall
be deemed to be good service for the purposes of this Ordinance.
Unoccupied
lands.
Debt to
Crown not
extinguished
by forfeiture.
Recovery of
Crown lands
in unlawful
occupation.
Evidence in
proceedings.
Right of
Crown to sue
not to be
barred by
limitation.
Suit for rent
not barred by
limitation.
Right of way
not to be
presumed
against the
Crown.
Service of
notice.
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PART IV–PENALTIES
Any person who shall set fire or cause the same to spreadto any Crown land, unless such person is a lessee of, or holds a
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
liable, on summary conviction, to a fine not exceeding fifty pounds.
Any lessee of, or person who holds a licence to occupyand use, any Crown land who shall allow any fire to spread from the
land so leased or occupied and used by him to any other land, whether
such other land be Crown land or private property, shall be guilty of
an offence and liable, on summary conviction, to a fine not exceeding
fifty pounds.
Crown land or cutting wood or felling and removing trees thereon
and who shall, upon demand being made by any police officer or
other person in uniform appointed for that purpose in writing by the
Director of Surveys and Lands, refuse or fail after reasonable time
given for that purpose, to produce and show his licence or other
authority shall be guilty of an offence and liable, on summary
conviction, to a fine not exceeding ten pounds.
Every police officer or other person in uniform appointedfor 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
trees on or occupying or using any Crown land, unless such person
holds a licence or other authority for that purpose under this
Ordinance.
Any person who cuts or takes any wood or thing from oroff any Crown land without having a licence or other authority for
that purpose granted under this Ordinance, or in breach of any
condition of such a licence or authority, shall be guilty on of an
offence, and liable, on summary conviction, to a fine not exceeding
fifty pounds.
Any person who occupies or uses any Crown land, unlesshe holds a licence or other authority for that purpose granted under
this Ordinance, shall be guilty of an offence and liable, on summary
conviction, to a fine not exceeding fifty pounds:
Provided that no person shall be convicted under this section
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
bona fide claim of right.
PART V – MISCELLANEOUS
The Minister may make Rules for all or any of the followingpurposes–
(a) classifying leases according to the purpose
for which or the class of persons to whom
they may be granted and prescribing the form
of any lease;
(b) prescribing the term of years for which any
class of lease may be granted;
(c) prescribing the praemia and rents to be paid
and providing for the revision of rent;
(d) prescribing the manner in which application
for leases shall be made and the fees to be
paid;
(e) providing for the survey and demarcation of
Crown lands to be sold or leased, and fees to
be paid for such survey and demarcation;
(f) prescribing the fees to be paid for any
instrument issued under this Ordinance;
Setting fire to
Crown lands.
Lessee or
licensee
allowing fire
to spread.
Power to
arrest.
Production of
licence.
Punishment
of persons
cutting trees,
on Crown
lands.
Punishment
of persons
trespassing on
Crown lands.
Claim of
right.
Rules.
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(g) prescribing the period for which and the
conditions under which licences for the
temporary occupation of Crown land may be
issued;
(h) providing for the care, management and
protection of unoccupied Crown land; and
(i) generally for carrying out and giving effect
to the purposes of this Ordinance.
No grant of Crown land made before the commencement ofthis Ordinance shall be deemed to be invalid because it has been
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.
(1) The Crown Lands Conservancy Ordinance is herebyrepealed without prejudice to anything done or suffered there –.
under or to any right, privilege, obligation or liability acquired or
incurred thereunder.
(2) The Registration of Instruments Ordinance is hereby
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:”
Passed in the House of Representatives this 24th day of November, in the
year of our Lord one thousand nine hundred and sixty.
S. V. WRIGHT,
Clerk of the House of Representatives.
T HIS P RINTED 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
correct copy of the said Bill.
S. V. WRIGHT,
Clerk of the House of Representatives.
M.P. SM/49
Validation of
existing
grants
Repeal Cap.
5 3
Cap. 200.
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