Third Schedule (2), An Act to amend the Crown Lands Ordinance, 1960

————————— 1. (1) The examination for enrolment as a pupil surveyor will consist of four three-hour papers in the following subjects:– (a) Arithmetic and mensuration; (b) Algebra including quadratic equations; (c) Geometry of the point, line, rectilinear figures and circles; (d) Plane trigonometry up to and including the solution of triangles. A Knowledge of the use of logarithms is essential and penmanship, orthography and neatness will be taken into account in marking the papers. (e) A general knowledge paper will also be set. Time two hours. (2) The Board may exempt any applicant for enrolment as a pupil surveyor from any subject, on his producing evidence that satisfies the Board that he has reached the required standard in that subject in a public examination. 2. A candidate will not be deemed to have passed the examination for enrolment as a pupil surveyor unless he has obtained at least sixty per centum of the possible marks in each paper. 3. The examination for a license to practice surveying shall consist of two parts, namely: – Part I –Elementary Mathematics and Theory of Surveying. The Laws of Sierra Leone and the Rules and Regulations made under them in so far as they relate to survey. Part II –Practical Surveying 4. A candidate may take Part I and Part II at the same examination or he may take Part II at a subsequent examination to that at which he takes Part I: provided that the whole examination must be completed not later than the examination in the corresponding month of the next ensuring year to that in which the candidate took Part I. 5. (1) The following three-hour papers will form Part I of the examination:- (a) Geometry of the point, line, rectilinear figures and circles; coordinate geometry; (b) Plane trigonometry up to and including the solution of triangles; spherical trigonometry up to and including the solution of triangles and its application to surveying. (c) The elements of astronomy and their practical application to the determination of latitude, longitude, time and azimuth. (d) Survey computations. (e) Topographical and tachometric surveying; leveling by theodolite or level and contouring; minor triangulation in so far as it relates to the connection of surveys to the control surveys of the 26 27 country; the principles of the construction and adjustment of the following instruments – theodolite, tachometer, plane table, level, compass, clinometers, barometer, thermometer, steel band, abney level, planimeter and pantograph. (f) Theodolite traverse including reduction of measured distances for standard, sag, slope, temperature and height above sea level; measurement of angles and reduction of bearings; astronomical observations for latitude, time and azimuth. (g) Setting out roads and curves; descriptions of lands by measurement and bounds for title; an elementary knowledge of map projections. (h) Knowledge of:– (a) The survey Ordinance (b) The Minerals Ordinance (c) The Building Lines Regulation Ordinance (d) The Freetown Improvement Ordinance (e) The Town and Country Planning Ordinance, (f) And the rules and regulations in force under the above Ordinances. Penmanship, orthography and neatness will be taken into account in marking the papers. (2) The following subjects may form Part II of the examination:– (a) Survey of an area by closed theodolite traverse, including connection by traverse or triangulation to control survey, observation for latitude, time and azimuth, simple topography, traverse of an irregular boundary and re-establishment of a lost beacon. (b) Survey of a town area, including boundary beacons, buildings and natural features. (c) Leveling and contouring. (d) Lay-out of plots (e) Chain survey and compass traverse. (f) Adjustment of instruments (g) Drawing which will normally be marked on the plans submitted in connection with the other subjects of Part II. The original field books, in which records must be made in ink, computations and finished plan shall be submitted in all cases. 6. (1) A candidate will not be deemed to have passed Part I of the examination unless he shall have obtained at least fifty per cent of the possible marks in each of papers (a), (b) (c), (d), (e), (f) and (g) and at least seventy per cent of the possible marks in paper (h). (2) A candidate will not be deemed to have passed Part II of the examination unless he shall have obtained at least sixty per cent of the possible marks in each subject. 7. A Candidate who fails to obtain the requisite number of marks in any one paper of Part I or in any one subject of Part II may be allowed, in the discretion of the Board of Examiners, to be re-examined in such paper or such subject only, or in both, if he has obtained at least sixty per cent of the marks possible in Part I of the examination: Provided that such re-examination will be allowed on only one occasion and that the whole examination must be completed not later than the examination in the corresponding month of the next ensuing year to that in which he took Part I of the examination. In such cases no further examination fee will be charged. 8. A reasonable time limit will be allowed within which each subject of Part II must be completed. 9. The examination will normally be held in January for licensed surveyors and December for pupils in each year. 10. An examination fee of ten shillings will be charged for the examination for enrolment as a pupil surveyor and an examination fee of £ 2 will be charged for the examination for a license to practice surveying. The above fees shall be paid to the Chairman of the Board of Examiners at the office of the Survey and Lands Department, Freetown, by candidates on each occasion when they make application to be allowed to take the examination. 28 29 11. Fees payable under section 10 shall be paid at least one month before the proposed date of the examination. 12. Examination fees shall be divided in equal proportion among the examiners. EXEMPTIONS FROM EXAMINATION 13. The Board of Examiners may without any examination give a license to practice as a surveyor to any person who is licensed to practice as a surveyor in a country other than Sierra Leone and who has any of the following qualifications:- (1) A degree of a British University with Honours in any of the following subjects:– (a) Mathematics (b) Physical Science (c) Engineering or (d) Geography – provided the course leading up to the degree has included Geodetic and trigonometrical surveying; or (2) The special diploma in land surveying issued by the Royal Institution of Chartered Surveyors. MADE by the Governor in Council this 21st day of September, 1953. A. F. MEREDITH, Clerk of Executive Council. ______________________________________________________________ PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTERS, SIERRA LEONE Price 4d during the twelve months following publication To be purchased from the Government Printer, or from the Crown Agents for the Colonies 4 Millbank, London S.W. 1 2079/53/275/9.53 CHAPTER 255 GENERAL REGISTRATION ARRANGEMENTS OF SECTIONS S ECTION 1. Short title and application. 2. (1) Supplementary to other Registration Ordinances. (2) Interpretation. 3. Appointment of Registrar General, etc. 4. Office in Freetown. 5. Registrar General’s office to be the General Registry. 6. Registrars to be officers in the Registrar General’s department. 7. Preparation of Indexes. 8. Preparation of returns. 9. Searches in registry. 10. Penalty for making false statement to be inserted in register. 11. Penalty for destroying or counterfeiting registers, etc. 12. (1) Prosecutions to be within three years. (2) Recovery of penalties. 13. Penalty for default by Registrar. 14. Mode of making alterations in registers or extracts. 15. Instruments deposited with Registrar General receivable in evidence. 16. Production of documents. 17. Certified copy receivable in evidence in civil cases. 18. Notice of intention to use certified copy at trial to be given to opposite party. 19. Notice of intention to use original to be given to opposite party. 20. Description of original in certified copy. 21. Production of original in criminal cases. 22. Power in Registrar General to make rules. 30 General Registration (Cap 225 2932 CHAPTER 255 GENERAL REGISTRATION An Ordinance to consolidate and amend the General Laws establishing and regulating the office of Registrar General of Sierra Leone (AS TO THE COLONY – 27TH OCTOBER, 1905) (AS TO THE PROTECTORATE–11TH NOVEMBER, 1954) 1. This Ordinance may be cited as the General Registration Ordinance, and shall apply to the colony and Protectorate 2. (1) The provisions of this Ordinance shall be deemed to be supplementary to any Registration Ordinance now or hereafter in force, or to any provisions as to registration contained in any Ordinance now or hereafter in force, so far as the same are applicable thereto: Provided that this Ordinance shall not be deemed to be supplementary to the Births and Deaths Registration Ordinance (2) In this Ordinance the expression “registration” means registration by the Registrar General or any person declared by this or any Ordinance now or hereafter in force to be an officer of, or under the control of, the Registrar General. 3. (1) The Governor may from time to time, subject to the provisions of sub-section (3) hereof, appoint a fit and proper person to be Registrar General, and such other officers, clerks, and servants as any be necessary to assist him in the conduct of the business of his office. (2) The Governor may also from time to time appoint a fit and proper person to be Deputy Registrar General, who shall perform the duties of the office of Registrar General when the Registrar General is temporarily unable, from illness or other unavoidable cause, to do so, and the Governor may, for good cause, appoint a fit and proper person to act as Registrar General, and may revoke such appointments. The Deputy Registrar General and acting Registrar General shall, when acting as such, have all the powers, and discharge all the duties, and be under the same liabilities as the Registrar General. 4. The Registrar General’s office shall be at Freetown. 5. (1) The Registrar General’s office shall be the General Registry for, and depository of, all registers, instruments and records and copies thereof as are directed by any Ordinance, now or hereafter in force, to be delivered to, and deposited with, the Registrar General, or to be registered at his office. (2) The Registrar General shall be the custodian of, and it shall be his duty to keep, all records and documents, whether original or not, which have been deposited with him or his predecessors under the provisions of any Ordinance, whether such Ordinance is in force or not. (3) The Registrar General, and every Registrar, shall use such official stamp and seal as the Governor may by Order determine, and till any Order is made by the Governor under the provisions of this sub-section, the official stamp and seal in use at the date when this Ordinance comes into force shall continue to be used. 6. All Registrars and other registration officers appointed under the provisions of any ordinance now or hereafter in force shall be deemed to be officers of the department of the Registrar General, and shall be under his direction and control, and such Registrars and other officers shall comply with, and conform to, such orders and directions as they may from time to time receive from the Registrar General, in addition to such specific duties, if any, imposed upon them by the Ordinance under which they are appointed. 7. The Registrar General shall cause indexes of all registers, instruments, records and copies of registers, and records deposited in the General Registry, to be made and kept in the General Registry. Such indexes shall contain such particulars, and shall be prepared in such form, and by officer or officers, as the Registrar General, with the approval of the Governor, shall from time to time direct, and shall be kept at the General Registry. 2933 Cap. 255) General Registration General Registration (Cap. 255 2934 31 of 1905. 2 of 1909. 5 of 1915. 28 of 1929. 2 of 1930. 22 of 1953. application 22 of 1953. Supplementary to other Ordinances. Cap. 92. Appointment of Registrar General, etc. Office in Freetown. General’s office to be the General Registry. Registrars to be officers in the Registrar General’s departments. Preparation of indexes. 8. The Registrar General shall furnish, on or before the thirtyfirst day of January in every year, to the Governor, a general abstract of the number of instruments and marriages registered during the preceeding year, in such form as the Governor may direct. 9. (1) The Registrar General and all Registrars shall permit search to be made in the records, instruments, registers, or copies of records, instruments or registers deposited with him or them, and shall give certified copies of extracts from such instruments, records, registers or copies thereof when required. ( 2 ) A n y p e r s o n d e s i r i n g t o m a k e s u c h s e a r c h o r r e q u i r i n g s u c h c e r t i f i e d c o p y s h a l l f i r s t p a y t h e a p p o i n t e d f e e s . 1 0 . A n y p e r s o n w h o s h a l l w i l l f u l l y m a k e , o r c a u s e t o b e m a d e , f o r t h e p u r p o s e o f b e i n g i n s e r t e d i n a n y r e g i s t e r , a n y f a l s e s t a t e m e n t t o u c h i n g a n y p a r t i c u l a r r e q u i r e d b y l a w t o b e r e g i s t e r e d , s h a l l b e g u i l t y o f a m i s d e m e a n o r , a n d u p o n c o n v i c t i o n o n i n f o r m a t i o n o f t h e o f f e n c e , h e s h a l l b e l i a b l e t o p a y a f i n e n o t e x c e e d i n g f i f t y p o u n d s , o r t o b e i m p r i s o n e d , w i t h o r w i t h o u t h a r d l a b o u r , f o r a n y t e r m n o t e x c e e d i n g o n e y e a r . 1 1 . A n y p e r s o n w h o s h a l l w i l l f u l l y d e s t r o y o r i n q u i r e o r c a u s e t o b e d e s t r o y e d o r i n j u r e d , a n y r e g i s t e r , i n s t r u m e n t , r e c o r d , c o p y , d o c u m e n t o r i n d e x , o r a n y c e r t i f i e d c o p y t h e r e o f d e p o s i t e d o r k e p t w i t h t h e R e g i s t r a r G e n e r a l , o r a n y R e g i s t r a r o r r e g i s t r a t i o n o f f i c e r , i n p u r s u a n c e o f t h i s o r a n y O r d i n a n c e , o r s h a l l f a l s e l y m a k e o r c o u n t e r f e i t , o r c a u s e t o b e f a l s e l y m a d e o r c o u n t e r f e i t e d , a n y s u c h r e g i s t e r , c o p y o f a r e g i s t e r o r i n d e x , o r s h a l l w i l l f u l l y i n s e r t , o r c a u s e t o b e i n s e r t e d , i n a n y r e g i s t e r , r e c o r d , c o p y o r i n d e x , a n y f a l s e e n t r y , o r s h a l l w i l l f u l l y g i v e a f a l s e c e r t i f i c a t e r e l a t i n g t o a n y s u c h r e g i s t e r , r e c o r d , c o p y o r i n d e x , o r t o a n y e n t r y i n a n y s u c h r e g i s t e r , r e c o r d , c o p y o r i n d e x , o r s h a l l c e r t i f y a n y w r i t i n g t o b e a c o p y o r e x t r a c t o f a n e n t r y i n a n y s u c h r e g i s t e r , r e c o r d , c o p y o r i n d e x , k n o w i n g s u c h r e g i s t e r , r e c o r d , c o p y o r i n d e x , o r s u c h w r i t i n g , t o b e f a l s e i n a n y p a r t t h e r e o f , o r s h a l l c o u n t e r f e i t t h e s e a l o f t h e R e g i s t r a r G e n e r a l , s h a l l b e g u i l t y o f f e l o n y , a n d l i a b l e u p o n c o n v i c t i o n o n i n f o r m a t i o n , t o i m p r i s o n m e n t , w i t h o r w i t h o u t h a r d l a b o u r , f o r a n y t e r m n o t e x c e e d i n g f i v e y e a r s . 12. (1) A prosecution for an offence under this or any Ordinance relating to registration, or under any provision relating to registration in any Ordinance contained, shall be commenced within three years after the commission of such offence. (2) All penalties, fines and forfeitures imposed by this or any Ordinance relating to registration, or by any provision relating to registration in any Ordinance contained, may, unless otherwise directed, be recovered on summary conviction, and when so recovered shall be paid into Treasury for the general revenue. (3) Where the Court before whom a person is charged summarily with an offence under this Ordinance, which is also punishable on information, is of opinion that proceedings ought to be taken against such person by information, Such Court may adjourn the case to enable such proceedings to be taken. 13. Every Registrar or other registration officer who shall refuse, or without reasonable cause omit, to register any matter concerning which information has been tendered to him, and which it is his duty under the provisions of any Ordinance to register, and every person having the custody of any instrument, register or record, copy or index, who shall carelessly lose or injure the same, or allow the same to be lost or injured, shall be liable on summary conviction thereof to a fine not exceeding fifty pounds. 14. No erasure shall be made in any register or certified copy thereof, or extract therefore, but if any error shall occur, a line of red ink shall be drawn through any word improperly inserted, so as to leave the original word legible, and any word which may have been omitted shall either be interlined or written in the margin with red ink (and always when practicable by the same hand as the rest of the same, writing), and the Registrar General or Registrar or other registration officer shall subscribe his name in the margin opposite to each correction. 2935 Cap. 255) General Registration General Registration (Cap. 255 2936 Preparation of returns Searches in registry. making false statement to be inserted in register. destroying or counterfeiting registers, etc. Prosecutions to be within three years. penalties. default by Registrar. Mode of making alterations in registers or extracts 15. All instruments, registers and records, deposited with the Registrar General or Registrar or officer of the Registrar General’s Department, shall be deemed to be in legal custody and shall be receivable in evidence in all Courts of the Colony and Protectorate, subject to the provisions hereinafter contained. 16. The Registrar General and any Registrar or officer in the Department of the Registrar General shall produce or cause to be produced, any instrument, register, or record in his custody on subpoena or order of any competent Court, and on payment of a reasonable sum, to be taxed as the Court shall direct, and to be paid to the Registrar General on account of the loss of time of the officer by whom such instrument, register, record or document shall be produced. 17. Every certified copy made under the provision of this or any Ordinance, purporting to be signed by the Registrar General, or the proper person to sign the same, shall be receivable in evidence in all civil cases instead of the original thereof, unless it is proved that such copy is a forgery, and subject always to the provision of section 20 hereof. 18. Any person intending to use such certified copy in a civil case before a Court shall give notice to the opposite party, his attorney or agent, of such intention, and with such notice shall deliver a copy of the certified copy, and on proof of service and receipt of the copy, or admission of the receipt of such notice and copy, such certified copy shall be received in evidence at the trial, if the Court shall be of opinion that such service has been made in sufficient time before the trial to enable the opposite party to examine the original of the certified copy. 19. Any party intending to use in evidence in any civil or criminal trial any original instrument, record, register or document deposited with the Registrar General or Registrar, or any officer of the Registrar General’s Department, instead of a certified copy, shall nevertheless give to the opposite party within a reasonable time of the trial notice of such intention and deliver to such party a copy of the entry or extract which he intends to use. 20. Every certified copy given under the provision of section 9 hereof shall describe the original from which it is taken, and shall express that such original is deposited with the Registrar General or Registrar, or other officer of the Registrar General’s Department, as the case maybe, and the production of any original in the custody of an officer of the Department, or of a certified copy containing the description aforesaid, shall be sufficient proof that such original is deposited with the Registrar General, or Registrar, or other officer of the Registrar General’s Department, in all cases where such originals or copies thereof are receivable in evidence. 21. In all criminal cases in which it may be necessary to use in evidence any instrument, record, register or document, or any portion thereof, the original shall be produced to the Court after due notice as aforesaid. 22. It shall be lawful for the Registrar General, with the approval of the governor, to make rules for the guidance of the Registrars and other officers under his control in the performance of their duties, with respect to the hours of attendance of Registrars and other officers, and generally for the carrying out of the provisions of this or any Ordinance relating to registration, or of any provisions relating to registration in any Ordinance contained. 2937 Cap. 255) General Registration General Registration (Cap. 255 2938 Instruments deposited with General receivable in evidence. Production of documents. Certified copy receivable in evidence in civil cases. Notice of intention to use certified copy at trial to be given to opposite party. Notice of intention to use original to be given to opposite party. Description of original in certified copy. Production of original in criminal. Power in General to make rules. CHAPTER 256 REGISTRATION OF INSTRUMENTS ARRANGEMENTS OF SECTIONS SECTION. 1. Short title and construction. 2. Interpretation. 3. Crown grants. 4. Conveyances. Power of attorney. 5. Wills when to take effect from the date of registration. When from the death of the testator. 6. Judgment, to take effect from registration. 7. Memorial of private Ordinance. 8. Memorial of judgment. 9. Memorial of inquisition. 10. Memorial of bankruptcy. 11. Registration of Crown grant. 12. Description of land in instrument and memorial. 13. Proof of memorial. 14. (1) Mode of acknowledgement. (a) In Sierra Leone (b) In other parts of Her Majesty’s Dominions, Protectorates, etc. (c) In foreign countries. (2) Power to administer oaths and take statutory declarations. (3) Certificate of registry. (4) Registration of instruments executed by the Queen, the Governor, Secretary of State etc. (5) Presumption of due execution. Special provisions as to leases of Protectorate lands. 15. False statement on Oath etc. 16. Will to be registered where attesting witnesses dead or not to be found. 17. Exemplification of original instrument deposited in public office abroad to be registered as original. 18. Register of instrument not acknowledged or proved not to be evidence in cause. 19. Office of Registrar General to be office for registration, for purpose of making all instruments valid. 20. Record books. 21. Any legal instrument may be registered. 22. Deposit of instruments with Registrar General for safe custody. 23. Short form of grant. 24. Instruments not duly stamped. 25. Plans to be signed by surveyor. 26. Inspection of records. 27. Fees. 28. Power in Governor to register plan of Crown land. 29. Direction that parcels granted shall be delineated and numbered on registered plan. 30. Rules. 31. Repeal.