The Law Reform (Law short title

In Her Majesty's name26th day of April, 1961. LS No. 33 NITYS I assent lo this Ordinance this BE MAURICE H. DORMAN, Governor. REEDO STICE Sierra Leone An Ordinance to Amend the Law relating to Tort |/7ih May, 1961.1 Date of IT ENACTED by th: Legislature of SieIra Leon:, as follows : ment.

PART |-0CCUPIER'S LIABILITY A 227 Commence

(1) The provisions enacted by the two next following Preliminary.sections shall have cflect, in place of the provisions of the commonlaw, to regulatc the duty which an occupicr of prcmises owes tohis visitors in respcct of dangers due to the state of the premisesor to things donc or omitted to be done on then.A 228 Extent of Occupier's ordinaryduty. No. 33 Law Reforn1 (Law of Tort) 1961 (2) The provisOns so enacted shall regulate the natureof the duty imposed by law in conscquence of a person's OCcupation or control of premises and of any invilauon or permissio he gives (or is to be trcated as giving) to another lo enter or ne the premises, but they shall not alter the provisions of the commonlaw as to the persons on whom a duty is s0 Inposed or to whom it is owed; and accordingly for the purpose of the provisions so enacted the persons who are to be trcated as an occupier and as his visitors are the samc as the persons who would at common law be treated as an occupier and as his invitccs or licensees. (3) The provisions so enacted in relation to an occupier of premises and his visitors shall also apply, in like manner and to the like extent as the principles applicable at common law to an occupier of premises and his invitees or licensees would apply. to regulate (a) the obligations of a person occupying or having control over any fixed or moveable structure, including any vessel, vehicle or aircraft; and (b) the obligations of aperson occupying or having control over any premises or structure in respect of damnage to property, including the property of persons who arenot themselves his visitors.

(1) An occupier of premises owes the same duty, thecommon duty of care ", to all his visitors, except in so far as he is free to and does extend, restrict, modify or exclude his dutyto any visitor or visitors by agreement or otherwise. (2) The common duty of care is a duty to take such careas in all the circumstances of the case is reasonable to see thatthe visitor will be reasonably safe in using the premises for thepurposes for which he is invited or permitted by the occupierto be there. (3) The circumstances relevant for the present purposesinclude the degree of care, and of want of care, which wouldordinarily be looked for in such a visitor, so that (for example)in proper cases (a) an occupier must be prepared for children to be lesscareful than adults; and (b) an occupier may expect that a person, in the exercise of his calling, will appreciate and guard against anyspecial risks ordinarily incident to it, so far as theoccupier leaves him free to do so. (4) In determining whether the occupier of premises hasdischarged the common duty of care to a visitor, regard is to be had to al] the circumstances, so that (for example) No. 33 Law Reform (Law of Tort) 1961 (a) where damage is causcd to a visitor by a danger o! which he had been warned by the occupier, the warn1ng IS not to be treated without more as absolving the occupier from liability, unless in all the circumstances Il was enough to enable the visitor to be reasonably safe: and (6) where damage is caused to a visitor by a danger due to the faulty execution of any work of construction maintenance or repair by an independent contractor employed by the occupicr, the occupier is not to be treated without more as answerable for the danger if in all the circumstances he had acted reasonably in entrusting the work to an independent contractor and had taken such steps (if any) as he reasonably ought in order to satisfy himself that the contractor was Competent and that the work had been properly done. (3) The common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willinglyaccepted as his by the visitor (the question whether a risk wasSO accepted to be decided on the same principles as in othercases in which one person owes a duty of care to another). (6) For the purposes of this section, persons who enterpremises for any purpose in the exercise of a right conferred bylaw are to be treated as permitted by the occupier to be there forthat purpose, whether they in fact have his permission or not.

() Where an occupier of premises is bound by contract Efect oftO permit persons who are strangers to the contract to enter or contractionuse the premises, the duty of care which he owes to them as occupier'shis visitors cannot be restricted or excluded by that contract, but third party. liability to subject to any provisicn of the contract to the contrary, shallinclude the duty to perform his obligations under the contract,whether undertaken for their protection or not, in so far as thoseobligations go beyond the obligations otherwise involved in thatduty. (2) A contract shall not by virtue of this section havethe effect, unless it expressly so provides, of making an occupierwho has taken all reasonable care answerable to strangers to thecontract for dangers due to the faulty execution of any workof construction, maintenance or repair or other like operation bypersons other than himself, his servants and persons acting underhis direction and control. (3) In this section " stranger to the contract" nmeans aperson not for the time being entitled to the benefit of the contract as a party to it or as the successor by assignment or otherwiseof a party to it, and accordingly includes a party to the contractwho has ceased to be so entitled. A 229 (4) Where by the terms or conditions governing anytenancy (including 'a statutory tenancy which does not in lawamount to a tenancy) either the landlord or the tenant is boundthough not by contract, to permit persons tO enter or use premisesof which he is the occuDier. this section shall apply as if thetenancy were a contract between the landlord and the tenant A 230 No. 33 LawReforn (Lav of Tort) 1961 (5) This scction, in so far as it prevents the common duty of care from being restricted or excluded, applies to contracts entered into and tenancies creted before the commencement f this Ordinance, as well as to those entered into or created of its Comnencement: but, in so far as it enlarges the duty owed by an occupier beyond the common duty ol care, it shall hae effect only in relation to obligations which are undertaken af that commencement or which are renewcd by agrcement (whether expresS Or implied) after that comnencemcnt. Landlord's 5. (1) Where premises are occupicd by any person under a liability in virtue of tenancy which puts on the landlord an obligation to that Derso obligation to for the maintenance or repair of the premises, the landlord shall repair. Owe to all persons who or whose gcods may irom time to time be lawfully on the prenises the same duty, in respect of dangers arising from any default by him in carrying out that obligation as if he were an occupier of the premises and those persons or their goods were there by his invitation or perMiSSiOn (but without any contract). (2) Where premises are occupied under a sub-tenancy, the foregoing subsection shall apply to any landlord of the premises (whethcr the immediate or a superior lardlord) on whom an obligation to the occupier for the maintenance or repair of the premises is put by the sub-tenancy, and for that purpose any obligation to the occupier which the sub-tenancy puts on a mesne landlord of the premises, or is treated by virtuc of this provision as putting on a mesne landlord, shall be treated as put by it also on any landlord on whom the mesne landlord's tenancy puts the like obligation towards the mesne landlord. (3) For the purpose of this section, where premises comprised in a tenancy (whether occupicd under that tenancy or under a sub-lenancy) are put to a use not pernitted by the tenancy, and the landlord of whonm they are held under the tenancy is not debarred by his acquiescence or otherwise from objecting or from enforcing his objection, then no persons or goos whose presence on the premnises is due solely to that use of the premises shall be deemed to be lawfully on the premises as regards that landlord or any superior landlord of the premises, whether or not they are lawfully there as regards an inferior 1landlord. (4) For the purposes of this section, a landlord shall not be deemed to have made default in carrying out any obligation tO the occupier of the premises unless his default is such as to be actionable at the suit of the occupier or, in the case of a superio landlord whose actual obligation is to an inferior landlord, nS default in carrying out that obligation is actionable at the suit O the inferior landlord. (5) Nothing in this scction shall relicve a landlord of aiy duty which he is under apart from this section. (6) For the purposes of this section, obligations imposed by any enactment in virtue of a tenancy shall be treated as imposed by the tenancy, and tenancy includes a statutory No. 33 Law Reform (Law of Tort) lenancy wich does not in law ulllount to a teancy, and ncludes also any contrac conferring a righl of 0ccupation, and "land. ord shall be consttucd accordingly. its comencCIlent. (0 This section app ies to (enancies crcated belore the cOmmencement of this Ordnalce, as well s to these created after O. () Where persons cnter or use, or bring or send goods Implicd term 0. any premises in exercise of a rieht conferred by contract with in contraCts. a person occupying or having control of the premises, the duty he owes thenn in respect of dangers due to the state of the premiscsOr to things done or omilted to be donc on them, in so far as the duty depends on a term to be implied in the contract by rcason ot its conferring that right. sha! be the common duty of Care. (2) The foregoing subsection shall apply to fixed and moveable structures as it app.ied 10 premiscs. (3) This section does not alfect the obligations imposed on a person by or by virtue of any contract for the hire of, or for the carriage for reward of persons or goods in, any vehicle, Vessel, aircraft or other means of transport, or by or by virtue of any contract of bailment. (4) This section does not app!y to contracts entered into before the commencement of this Ordinance. PART II-COMMON EMPLOYMENT

In respect of personal injuries caused by the negligence of a person mploymentno defence. employed by him, that that person was at the time the injuries were caused in common employment with the person injured. (2) Any provision contained in a contract of service or apprenticeship, or in an agreement collateral thereto, (including a Contract or agreement entered into before the commencement of this Ordinance) shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him. (3) In this section the expression personal injury " includes any disease and any impairment of a person's physical or mental condition and the expression injured " shall be construed accordingly. PART III-CONTRIBUTORY NEGLIGENCE A231 Provided that

(1) Where any person sufers damage as the result partly Apportionof his own fault and partly of the fault of any other person or ment of persons, a claim in respect of that damage shall not be defeated liability in by reason of the fault of the person suflering the damage, but contributory the damages recoverable in respect thereof shall be reduced to negligence. such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage: (a) this subsection shall not operate to defeat any defence arising under a contract ; A232 Cap. 116. P.N. 94 of 1951. No. 33 luv Reform (Luw of Tort) 1961 (b) where any contract or cnactment proVIding for the limitation of liabilily is applicable to the claim, the amount of damages recoverable by the claimant byvirtue of this subsection shall not excecd the maximum limit so applicable. (2) Where damages are recoverablc by any person by virtuc of the foregoing subsection subjvct to such reduction as is therein mentioncd, the court shall find and record the total damages which would have becn rccoverable if the claimant had not beern at fault. (3) Part IV of this Ordinance shall apply in any case where two or more persons are liable or would, if they had all been sucd, be liable by virtue of subsection (1) of this section in respect of the damage suffered by any person. (4) Where any person dies as the result partly of his own fault and partly of the fault of any other person or persons, and accordingly if an action were brought for the benefit of the estate under the Law Reform (Miscellaneous Provisions) Ordin ance the damages recoverable would be reduced under sub section (1) of this section, any damages recoverable in an action brought for the benefit of the dependants of that person under the Fatal Accidents Act, 1846 and the Fatal Accidents Act, 1864, shall be reduced to a proportionate extent. (6) Where, in any case to which subsection (1) of this section applies, one of the persons at fault avoids liability to any other such person or his personal representative by pleading any enactment limiting the time within which proceedings may be taken, he sha!l not be entitled to recover any damages or contri butions from that other person or representative by virtue of the said subsection. (6) Article 21 of the Convention contained in the First Schedule to the Carriage by Air Act, 1932 (which empowers a court tO exonerate wholly or party a carrier who proves that the damage was caused by or contributed to by the negligence of the injured person), shall have effect subject to the provisions of this section. (7) In this section, the following expressions have the meanings hereby respectively assigned to them, that is to say- " court " means, in relation to any claim, the court or arbitrator by or before whom the claim falls to be determined; " damage" includes loss of life and personal injury: dependant " means any person for whose benefit an action could be brought under the Fatal Accidents Act, 1846 and the Fatal Accidents Act, 1864; *fault " means negligence, breach of statutory duty or other act or omission which gives rise to a liability in tort or would, apart from this Ordinance, give rise to the defence of contributory negligence. No. 33 Law Reform (Luw of Tort) 1961

() This Ordinance shall not apply to any claim to which Saving.seetion l of the Maritime Conventions Act, 1911, applies and thatAct shall have ellect as if this Ordinance had not been passed.(2) This part shall not apply to any case where the acts or omissions giving rise to the clainm occurred before the pass1ngof this Ordinance. PART IV-JOINT TORT-FEASORS

(1) Where damage is suflered by any person as a result Proccedingsof a tort (whether a crime or not) against, andcontribution(a) judgment recovered against any tort-feasor liable in between,respect of that damage shall not be a ba: to an action Tort-feasors. against any other person who would, if sued, h£ve been liable as a joint tort-feasor in respect of the same damage ; (6) if more than one action is brought in respect of thatdamage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the wife, husband, parent or child, of that person, against tort-feasors liable in respect of the damage (whether as joint tort-feasors or otherwise) the sums recoverable under the judgments given in those actions by wayof damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall notbe entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action; (c) any tort-feasor liable in respect of that damage mayrecover Contribution from any other tort-feasor who is,or would if sued have been, liable in respect of thesame damage, whether as a joint tort-feasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any personentitled to be indemnified by him in respect of the liability in respect of which the contribution is sought. A 233 (2) In any proceedings for contribution under thissection the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that, person's responsibility for the damage; and the court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity. (3) For the purposes of this section (a) the expressions parent " and child " have the same meanings as they have for the purposes of the Fatal Accidents Act, 1846 and the Fatal Accidents Act, 1864; and A234 Amendment Amendnment of Fatal Accidents Act, 1846. Application No. 33 1orate. Lav Reform (Law of Tort) Cap. 116. (b) the reference in this section to " he judgment first given " shall, in a case where that judgment is reverscd on appcal, be construcd as a reference lo the judgment first given which is not so reversed and, in acase where a judgment is varied on appeal, be construed as a reference to that judgment as so varied. (4) Nothing in this section shall

Paragraph (b) of subsection (3) of section 2 of the Lawor Cap. 116. Reform (Miscellaneous Provisions) Ordinance is hereby repealed

(a) apply with respect to any tort commitled before the commencement of this Ordinance ; or (b) affect any criminal proceedings against any person in respect of any wrongful act; or (c) render enforceable any agreement for indemnity which would not have been enforceable if this section had not been passed. PART V-LIMITATION, ETC. and replaced by the following

The Law Reform (Miscellaneous Provisions) Ordinanceof cap116 to shall apply to the Protectorate in relation to all causes of action the Protec arising after the passing of this Ordinance. "(b) proceedings are taken in respect thereof not later than three years from the date of death.", In section 3 of the Fatal Accidents Act, 1846 (which provides that actions under that Act shall be commenced within twelve calendar months after the death of the deceased person) for the words twelve months'" there shall be substituted the words three years ".

Transitioanal provisions cause of action which arose before the passing of this Ordinance shall, if it has not then already expired, expire at the time when it would have expired apart from the provisions of this Ordinance or at the time when it would have expired if all the provisions of this Ordinance had at all material times been in force, which ever is the later. (2) The repcal elfected by this Ordinance in sub section (3) of section 2 of the Law Reform (Miscellaneous Provisions) Ordinance shall, in the case of a person dying after the passing of this Ordinance, apply as well in relation to causes of action arising before, as in relation to causes of action arising after, the passing thereof. (3) Save as aforesaid, nothing in this Ordinance shall effect any action or procecding if the cause of action arose before the passing thereof. No. 33 Law Reform (Law of Tort) 1961 M.P. O,P. M./28/37. A235 Passed in the House'of Represcntatives this 81h day of March, in the year of our Lord one thousand nine hundred and sixty-onc. S. V. WRIGHT, Clerk of the House of Representatives. IHIS 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 Representatives. ROYAL SIERRA LEONE MLITARY FORCES BILL, 196l 2. 1. Short title and commencement. Interpretation. 5. Constitution of the reserve. 8. 3. Provisions as to active service. Establishment and employment. 9. 11. 6 Establishment of Royal Si rra Leone Military Forces 12. 13.

ARRANGEMENT OF SECTIONS 7. Membership of Council. PART I-PRELIMINARY PART II-ROYAL SIERRA LEONE MILITARY FORCES COUNCIL Council. Secretary. 10. Conditions of appointing officers. Appointment of officers. Powers of Council. PART III-OFFICERS Promotion, etc., of officers. 14. Reserve of oficers. Governor to make regulations. PART IV-ENLISTMENT AND TERMS OF SERVICE 15. Recruiting officers. Enlistment.. OF SOLDIERS ENLISTMENT TERMS AND CONDITION OF SERVICE 17. Terms of enlistment. RE-ENGAGEMENT AND ExTENSION OF SERVICE 18. Re-engagemnent and continuaice in service. 19. Prolongation of service. DISCHARGE AND TRANSFER TO THE RESERVE Discharge.

Postponement of discharge or transfer pending proceedings for offences, etc.

Right of warrant officer to discharge on teduetion toranks.

6.

Regulations as to cnlistment.

-. MisCELANEOUS AND SUPPEMENTARY PROVISIONS P'ART V DISCIPLINE AND TRIAL AND PONISHMENT OF MILITARY OFFENCES Rules for reckoning servicc. TREACIERY, COWARDICE AND OFFENCES ARISING OUT OF

30. Aiding the enemy. 31. Conmmunication with the enemy. Cowardly behaviour.

$4. Becoming a prisoner of war through disobedi nc or wilful neglect and failure to rejoin forces,

36, Looting.

MILITARY SERVICE

MUTINY AND ÍN^UBORDINATION

DESERTION, ABSENCE WITHOUT LEAVE, ETC,

Assisting and concealing desertion and absence withoutleave. 52.

MALINGERING AND DRUNKENNESS

Offences in relation to public and service property.50. Offences in relation to property of members of forces.51. Miscellaneous offences relating to property.OFFENCES RELATING TO PROPERTY 58. Extortion. CORRUPTION, ETC.

OFFENCES RELATING TO AND BY PERSONS IN CUSTODY

63. Injurious disclosures.

OFFENCES IN RELATION TO COURTS-MARTIAL. AND CiVIL AUTHORITIES

III-treatment of officers or soldiers of inferior rank. 68. Disgraceful conduct. MisCELLANEOUS OFFENCES Making of false statemcnts on enlistment. Making of false documents.Scandalous conduct of oficer. 7!: Çondåct to prejudice of military discipline.

False accusation. Atempts to commit military offences.

CIVIL OFFENCES

PUNISHMENTS

INVESTIGATION OF AND SUMMARY DEALING WITH CHARGES ARREST

90.

Charges to be dealt with summarily or by court-martial.80. Further proceedings on charges against non-commissionedofficers and soldiers.91.

92.

Dismissal of charges referred to higher authority.83. Oficers who are to act as appropriate superior authoritiesand to whom commanding officers may delegate powers.93.

COURTs-MARTIALGENERAL PROVISIONS

CoURTs-MARTIAL-PROVISIONS RELATING TO TRIAL Administration of oaths. Courts-martial to sit in open court. Dissolution of courts-martial. Decisions of courts-martial. A 239 A 240

CONFIRMATION, REVISION AND REVIEW OF PROCEEDINGs OF COURTS-MARTIAL

REVIEW OF SUMMARY FINDINGS AND AWARDS

FINDINGS OF INSANITY, ETC.

COMMENCEMENT, SUSPENSION AND DURATION OF SENTENCES 110, Commencement of sentences.

Special provisions as to carrying out or serving ofsentences outside Sierra Leone.

Duties of persons in charge of prisons and others toreceive prisoners. TRIAL OF PERSONS CEASING TO BE SUBJECT TO MILITARY LAW UNDER THIS ORDINANCE AND TIME LIMITED FOR TRIALS

Trial and punishment of offences under this Ordinancenotwithstanding oliender ceasing to be subject thereto.

Ordinance. RELATIONS BETWEEN MILITARY AND CIVIL CoURTS AND FINALITY OF TRIALS

Persons not to be tried under this Ordinance for offencesalready disposed of. INQUIRIES

MISCELLANEOUS PROVISIONS

125, Custody of procecdings of courts-nartial and right of accused lo acopy thereof.

28. Rules of Procedure and other rules. PART VI APPEALS FROM COURTS-MARTIAL

Procedure for applying for leave to appcal or lodgingappeal.

Supplementary powers of the Court of Appeal.135. Proceedings to be heard in absence of appellants.136. Defence of appeals.

Determination of appeals in ordinary cases. 137. Right of appellant to present his case in writing.138. Suspension of death sentences.Persons not to be tried again where conviction quashed.140. Removal of prisoners for purposes of proceedings underPart VI.

141. Furnishing, on appeal, of documents relating to trial.Duties of Registrar of the Court of Appeal in respectof notices of appeal.Rules of Court.143.

Saving of reviewing authorities' powers.145. Composition of Court.146. Exercise of certain powerS of the Court of Appeal by aJudge.

PART VII-PAY, FORFEITURES AND DEDUCTIONS

Compensation for loss occasioned by wrongful act ornegligence.

PART VIII-GOVERNMENT AND GENERAL PROVISIONS COMMAND

I57. Regulations as to command.

159, Co-operation with other military forces.

A241 A242 l61. Complaints by officers. Complaints by soldicrs.l62. ExEMPTIONS FOR MEMBERS OF THE FORCE l63. Exemptions from tolls, ctc. REDRESS OF COMPLAINTS T64. Exemplion fron1 taking in cxccution of property used for military purposes. PROVISIONS RELATING TO DESERTERS ANID ABSNTEES

Proceedings before a civil court where persons suspectedof illegal absence. T67. Deserters and absentees without leave surrendering to police. WITHOUT LEAVE

Certificates of arrest Or surrender of deserters andabsentees. T69. Duties of superintendents of prisons and others to receive deserters and absentees. OFFENCES RELATING TO MILITARY MATTERS PUNISHABLE BY CIVIL COURTS

Punishment for obstructing members of the Force inexecution of duty.

Punishment for aiding malingering.174. Unlawful purchase, etc., of military stores.175. Illegal dealings in documents relating to pay, pensions,mobilization, etc.

PROVISIONS AS TO EVIDENCE

184.

Evidence of proceedings of court-martial.REDUCTION OF WARRANT AND NON-COMMISSIONED OFFICERS180. Restrictions on reduction in rank of warrant officers andnon-commissioned officers.

MIsCELLANEOUS PROVISIONS

Reservists.

I89,

201. 202. Record of illegal absence. Discharge during service. Regulations as to the reserve. PART X-APPLICAIION OF THE ORDINANCE AND SUPPLEMENTARY

Soldier on enlistment to register the name of persOn towhom estate is to be paid in event of dying intestate.

APPLICATION 200. Deceased soldier's money undisposed of applied to pre scribed fund.

PROVISIONS

WILLS AND DiSTRIBUTION OF PROPERTY of creditors. 203. Power to make regulations. Uniforms and decorations of deceased soldier. Application of money, etc., in case of desertion. MISCELLANEOUS PROVISIONS Powers exercisable in subsidiary legislation. Execution of orders, instruments, etc. Royal Sierra Leone Military Forces Benefit Fund. Application of Ordinance to women's land forces. Repeal and saving. SCHEDULES A 243 FIRST SCHEDULE-Alternative offences of which accused may be convicted by court-martial. SECOND SCHEDULETransitional provisions. 198. Payment of debts of deseased soldier.