Schedule (3), An Act to amend the Crown Lands Ordinance, 1960

1. Every non-native residing in a chiefdom who does not hold a lease of land within the chiefdom, shall pay to the Paramount Chief a settler’s fee of one pound per annum, or of two shillings per mensem at the option of the payer during the continuance of his residence in such chiefdom. 2. Settlers’ fees shall fall due in advance on the first day of January in each year in the case of a yearly fee and on the first day of each month in the case of a monthly fee: Provided that a non-native shall not be required to pay a settlers’ fee in respect of the month in which he took up his residence in the chiefdom. 3. Every lease required by this Ordinance to be by deed shall state– 1275 (Cap. 122 Provinces Lands Provinces Lands (Cap. 122 1276 Saving of Cap. 121 And Cap. 23 0. by District Commissioner of existing titles to land. Governor to make rules. Section 16 Rules 15 of 1930 24 of 1933 Settler’s fee. Mode of payment of settlers’ fees. Terms of deed. (a) the rent; (b) the term; (c) the purpose for which the land is to be used; (d) whether the interest is assignable; (e) where buildings of permanent construction are to be erected, the rights of the parties to and in respect of such buildings at the expiration or determination of the lease; (f) in cases where the lease is for a longer period than seven years, that the rent is subject to revision every seven years by the District Commissioner subject to right of appeal to the Provincial Commissioner. 4. The terms of all leases to which the consent or approval of the District Commissioner is required shall be recorded by the District Commissioner in the decree book, in the same manner in which the term of leases have therefore been recorded. 5. The District Commissioner shall keep a rent roll of all the rents due to each Tribal Authority in his district, and all rents in respect of tenancies, whether created before the date of the coming into operation of this Ordinance or not, shall be payable to him. He shall place all moneys so received by him on deposit in the colonial Treasury pending disbursement. 1277 (Cap. 122 Provinces Lands Decree book. No. 15 1961 As Ordinance to Amend the Protectorate Land Ordinance [1st August, 1927] BE IT EANCTED by the Legislature of Sierra Leone, as follows:– 1. This Ordinance may he cited as the Protectorate Land (Amendment) Ordinance, 1961 and shall be deemed to have come into operation on the 1st day of August, 1927. 2. Section 2 of the Protectorate Land Ordinance is hereby amended as follows– commence- In Her Majesty’s name I assent to this Ordinance this ??? day of April, 1961. MAURICE H. DORMAN, Governor. of section 2 of Cap. 186. Cap 186. A 135 S.L.–Vol. III–6 Date of commence- (a) by renumbering the section as 2. (1); and (b) by the addition thereto of the following subsection (2)– “(2) For the purposes of this Ordinance, the expression “non-native” shall not’ include the Government.” Passed in the House of Representatives this 28th day of March in the year of our Lord one thousand nine hundred and sixtyone. S. V. WRIGHT. Clerk of the House of Representative. 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 correct copy of the said Bill. S. V. WRIGHT. Clerk of the House of Representative. M.P. MS/91 A 136 No. 15 Protectorate Lands (Amendment) 1961 No. 61 1962 An Act to Provide for the Control and Protection of Land Development by Non-Citizens [17th January, 1963] BE IT EANCTED by the Queen’s Most Excellent Majesty by and present Parliament assembled, and by the authority of the same, as follows:– 1. This Act may be cited as the Land Development (Protection) Act, 1962, and shall apply to the Western Area only. Assent to in Her Majesty’s name this 15th day of January, 1963. A 271 2. In this Act– “Board” means a Board consisting of the Ministers responsible for Trade and Industry, Lands, Finance, and Development and the Attorney-General, of which the Minister of Lands shall be the Chairman. “Non-Citizen” means– (a) an individual who is not a citizen of Sierra Leone, and (b) any company or partnership which is controlled by a person or persons who are not citizens of Sierra Leone; “Reserved Leaseholds” mean leaseholds of which the unexpired term exceeds twenty-one years. 3. No non-citizen shall purchase or receive in exchange or as a gift any freehold land in the Western Area. 4. (1) No non-citizen shall purchase or receive in exchange or as a gift any reserved leaseholds in the Western Area without first obtaining a licence from the Board. (2) The Board may grant licences to purchase or receive in exchange or as a gift reserved leaseholds to non- citizens on such terms and conditions as it shall think fit and every such licence shall contain a description of the land to which it applies. (3) At least three weeks before the grant of any such licence the Board shall publish a notice of its intention to grant the same in the Gazette specifying the land and the name of the intending purchaser. 5. (1) Any conveyance, lease, grant, transfer, declaration, agreement, settlement or other disposition (other than an assent in favour of persons entitled under a will or on an intestacy) which, apart from the provisions of this Act, would have been effective (whether at law or in equity) to vest in a non-citizen (whether alone or together with any other person) the property in freehold land or, if the purchase has not been previously authorized by a licence issued under section 4, in reserved leaseholds, shall vest the land (whether freehold or leasehold) in the Board for the whole estate or interest conferred by, or in virtue of, the instrument and the Board shall cause the Sheriff to sell the same by public auction. (2) The proceeds of sale after deducting– (a) The costs of the sale, and (b) Any payments which may have become due under a lease vested in the Board by virtue of this section; shall be paid into the Consolidated Revenue Fund, unless the Board is satisfied that the failure to observe the law was due to genuine and excusable mistake or ignorance (whether of law or fact), in which case it may, if it thinks fit, cause to be paid out of the residual proceeds of the sale to the person or persons whose purchase of the freehold or leasehold land caused it to vest in the Board a sum not exceeding the original purchase price (or in the case of a gift or exchange such sum as the Board shall think fit). 6. The Registrar-General shall not register any such instrument relating to freehold land or reserved leaseholds other than an assent in favour of persons entitled under a will or on an intestacy, until he is satisfied either – (a) that a licence covering the transaction sought to be registered has been obtained under section 4, or (b) that the person or persons to whom the freehold land or reserved leaseholds are being transferred or granted is not a noncitizen. Non-citizens not to purchase freeholds. Non-citizens not to purchase long leases in Western Area without the Licence of the Board. Effect of conveyance to noncitizen. Instruments not to be registered unless provisions this Act have been obserd. A 272 No. 61 Land Development (Protection) 1962 No. 61 Land Development (Protection) 1962 273 7. (1) Nothing in this Act shall in any way affect any mortgage made before the commencement of this Act or in anyway limit the powers or remedies of the mortgagee of any such property. (2) Nothing in this Act shall apply to any transfer of property by way of mortgage made after the commencement of this Act but no order of foreclosure shall be made in favour of a mortgagee of any such property unless he has previously obtained a licence from the Board authorising him to take fore-closure proceedings with respect to the property in question. (3) Nothing in this section shall be construed as exempting any person who purchases or leases any property from the mortgagor or mortgagee thereof from complying with the provisions of section 4; but, notwithstanding the provisions of section 3, a non-citizen may, after obtaining a licence under section 4, purchase the freehold on a sale by the mortgagee of property subject to a mortgage made before the commencement of this Act, and for the purpose of granting any such licence the transaction shall be deemed to be a purchase of reserved leaseholds. Passed in the House of Representatives this 14th day of December, in the year of our Lord one thousand nine hundred and sixty-two. M.P. OPM 626 A 274 No. 61 Land Development (Protection) 1962 No. 11 1965 An Act to Amend the Provinces Land Act [10th June, 1965] BE IT ENACTED by the Queen’s Most Excellent Majesty, by and present Parliament assembled, and by the authority of the same, as follows:–