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The Freetown Municipality Ordinance

Cap. 65

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Contents

Preamble
Section 1 — Short title.
Section 2 — Interpretation.
Section 3 — City of Freetown to be body corporate.
Section 4 — Corporation to act by the City Council.
Section 5 — Limits of the City.
Section 6 — Division of City into wards.
Section 7 — Establishment and constitution of the City Council of Freetown.
Section 8 — Constitution of Council.
Section 9 — Councillors appointed by Governor in Council.
Section 10 — Councillors to be elected for each ward.
Section 11 — (1) Appointment of first Aldermen.
Section 12 — Election of Aldermen when vacancy occurs.
Section 13 — (1) Remuneration of Mayor.
Section 14 — Appointment of Deputy Mayor.
Section 15 — (1) Qualifications of elected Councillors.
Section 16 — Powers of Governor in Council.
Section 17 — Existing Valuation Roll deemed to be prepared under this Ordinance.
Section 18 — Assessment of premises.
Section 19 — Appointment of valuers and Assessment Committee.
Section 20
Section 21 — Deposit of Valuation Roll.
Section 22 — Objections to Valuation Roll.
Section 23 — Valuation Roll to subsist until deposit of new Roll.
Section 24 — Qualification of citizens.
Section 25 — Qualifications of voters.
Section 26 — Register of voters.
Section 27 — Remuneration of Revising Officer,
Section 28 — General Elections.
Section 29 — Bye-elections. .
Section 30 — Regulations as to electwns.
Section 31
Section 32 — (1) Prevention of election by force.
Section 33 — Offences in respect of nomination papers, etc.
Section 34 — Penalty for false answer.
Section 35 — Falsification of return at election.
Section 36 — Personation.
Section 37 — Treating.
Section 38 — Undue influence.
Section 39 — Bribery.
Section 40 — Disqualification for personation, etc.
Section 41 — Penalty for certain illegal practices.
Section 42 — Fraudulent transfers of property.
Section 43 — Infringement of secrecy.
Section 44
Section 45 — Presentation of election petition.
Section 46 — Trial of election petition.
Section 47 — Corrupt practice.
Section 48 — Standing Orders.
Section 49 — Minutes of Council prima jac1:e evidence.
Section 50 — Acts of Council valid despite vacancies.
Section 51 — (1) Member interested not to take part in proceedings.
Section 52 — Proceedings in respect of qualification.
Section 53 — Appointment of Officers.
Section 54 — (1) Town Clerk responsible for records.
Section 55 — Powers of City Bailiff and Bailiffs.
Section 56 — Officers to give security if so required.
Section 57 — Officers to render accounts when directed.
Section 58 — Accounts and audit.
Section 59 — Power of Auditor to call for books, etc.
Section 60 — (1) Power of Auditor to surcharge illegal payments.
Section 61 — Powers and duties of Corporation.
Section 62 — (1) Corporation may be given authority to exercise powers of specified
Section 63 — (1) Annual Estimates.
Section 64 — Duties of Council.
Section 65 — Acts lawful for Council to perform.
Section 66 — (1) Corporation to make bye-laws.
Section 67 — Powers of Police not to be affected.
Section 68 — Property vested in Corporation.
Section 69 — Corporation may acquire property.
Section 70 — Compulsory acquisition of land.
Section 71 — (1) Borrowing at interest.
Section 72
Section 73 — Provisions as to sinking fund.
Section 74 — Provisions for replacing purchase or compensation money.
Section 75 — Investment of proceeds of sale or exchange.
Section 76 — Corporation may enter into contracts.
Section 77 — Provisions as to contracts by Corporation.
Section 78 — Use of corporate seal.
Section 79 — (2) Licences for vehicles.
Section 80 — (1) Licences obtainable from Treasurer.
Section 81 — Application of licence fees.
Section 82 — Penalties.
Section 83 — Revenue of the Council.
Section 84 — Application of revenue.
Section 85 — Appointment of Government officer to an office under the Corporation.
Section 86 — Order for payment of money.
Section 87 — Moneys to be paid into a Bank.
Section 88
Section 89 — (1) The City rate.
Section 90 — Notice of intention to impose and imposition of City rate.
Section 91 — Rate Book.
Section 92 — City rate to be a charge on premises.
Section 93
Section 94 — Poundage.
Section 95 — Payments of rates by occupier.
Section 96 — Levy on lands and premises on non-payment after two years.
Section 97 — Mayor may issue one warrant for each ward.
Section 98 — Warrant to be signed and sealed.
Section 99 — Absentee owner to appoint agent for payment of rate.
Section 100 — Unoccupied premises.
Section 101 — Notice of non-occupation andre-occupation.
Section 102 — Premises demolished or removed.
Section 103 — Premises exempt from rates.
Section 104 — Agreement between landlord and tenant.
Section 105
Section 106 — Appearance of Corporation in legal proceedings.
Section 107 — Form of title deeds.
Section 108 — Proof in legal proceedings.
Section 109 — Documents to be prima facie evidence.
Section 110 — Description of property of Corporation.
Section 111 — Publication of notices.
Section 112 — Service of notices.
Section 113 — Hindering publication of notices, etc.
Section 114 — Inspection of documents.
Section 115 — Obstruction, etc., of inspection.
Section 116 — Obstruction of execution of Ordinance.
Section 117 — Entry on Premises for purpose of Ordinance.
Section 118 — Power to administer oaths, etc.
Section 119 — Protection of Council and their officers from personal liability.
Section 120 — Notice of application to Governor in Council.
Section 121 — Power to the Governor in Council to vary provisions of Schedules.
Section 122 — General penalty.
Section 123 — Further general election to existing City Council of Freetown prohibited.
Section 124 — Cessation of application of Ordinance 38 of 1927 and saving!:'.
Section 125 — Savings of Crown rights.
Second Schedule.
First Schedule.
Second Schedule. (2)
Third Schedule.
Fourth Schedule.

Preamble

568 Cap. 65] Freetown Municipality
CHAPTER 65.
FREETOWN MUNICIPALITY.
ARRANGEMENT OF SECTIONS.
PART I.-PRELIMINARY.
SECTION.

Section 1 — Short title.

Section 2 — Interpretation.

PART H.-CoNSTITUTION AND GovERNMENT OF CITY.

Section 3 — City of Freetown to be body corporate.

Section 4 — Corporation to act by the City Council.

Section 5 — Limits of the City.

Section 6 — Division of City into wards.

PART IlL-EsTABLISHMENT AND CoNSTITUTION oF THE CouNCIL.

Section 7 — Establishment and constitution of the City Council of Freetown.

Section 8 — Constitution of Council.

Section 9 — Councillors appointed by Governor in Council.

Section 10 — Councillors to be elected for each ward.

Section 11 — (1) Appointment of first Aldermen.

(2) Election of Mayor.
(4) Election of Mayor not to create vacancy.
(5) Election of first three Aldermen not to create vacancy.

Section 12 — Election of Aldermen when vacancy occurs.

Section 13 — (1) Remuneration of Mayor.

(2} Mayor to hold office for one year.
(3) Mayor to be a Justice.
(4) Mayor to have precedence over Justices.
(5) Precedence of Mayor.

Section 14 — Appointment of Deputy Mayor.

Section 15 — (1) Qualifications of elected Councillors.

(2) Disqualification for membership of Council.
(3) When elected Councillor's seat to become vacant.

Section 16 — Powers of Governor in Council.

PART TV.-VALUATION OF PREMISES.

Section 17 — Existing Valuation Roll deemed to be prepared under this Ordinance.

Section 18 — Assessment of premises.

Section 19 — Appointment of valuers and Assessment Committee.

Section 20

Director of Public Works to transmit particulars given undersections 14 and 19 of Cap. 66.

Section 21 — Deposit of Valuation Roll.

Section 22 — Objections to Valuation Roll.

Section 23 — Valuation Roll to subsist until deposit of new Roll.

PART V.-CITIZENS AND REGISTRA'l'ION oF VoTERS.

Section 24 — Qualification of citizens.

Section 25 — Qualifications of voters.

Section 26 — Register of voters.

Section 27 — Remuneration of Revising Officer,

PART VI.-ELECTION PROCEDURE.
SECTION.

Section 28 — General Elections.

Section 29 — Bye-elections. .

Section 30 — Regulations as to electwns.

Section 31

Election valid unless questioned within fifteen days of publicationof result.

Section 32 — (1) Prevention of election by force.

(2) Interference with lawful public meeting to be an illegal practice.

Section 33 — Offences in respect of nomination papers, etc.

Section 34 — Penalty for false answer.

Section 35 — Falsification of return at election.

Section 36 — Personation.

Section 37 — Treating.

Section 38 — Undue influence.

Section 39 — Bribery.

Section 40 — Disqualification for personation, etc.

Section 41 — Penalty for certain illegal practices.

Section 42 — Fraudulent transfers of property.

Section 43 — Infringement of secrecy.

Section 44

Property of election material vested in the Town Clerk.pART VII.- ELECTION PETITIONS.

Section 45 — Presentation of election petition.

Section 46 — Trial of election petition.

Section 47 — Corrupt practice.

PART VIIL-MEETINGS OF THE CouNCIL.

Section 48 — Standing Orders.

Section 49 — Minutes of Council prima jac1:e evidence.

Section 50 — Acts of Council valid despite vacancies.

Section 51 — (1) Member interested not to take part in proceedings.

(2) Disclosure of interest.

Section 52 — Proceedings in respect of qualification.

PART IX.-OFFICERS OF THE CouNCIL AND AccouNTS.

Section 53 — Appointment of Officers.

Section 54 — (1) Town Clerk responsible for records.

(2) When Deputy Town Clerk to act.

Section 55 — Powers of City Bailiff and Bailiffs.

Section 56 — Officers to give security if so required.

Section 57 — Officers to render accounts when directed.

Section 58 — Accounts and audit.

Section 59 — Power of Auditor to call for books, etc.

Section 60 — (1) Power of Auditor to surcharge illegal payments.

(2) Appeals against decision of Auditors.
(3) Applications for relief.
(4) Power of Town Clerk to sue for recovery of payments surcharged.
PART X.-POWERS AND DUTIES OF THE CORPORATION.

Section 61 — Powers and duties of Corporation.

Section 62 — (1) Corporation may be given authority to exercise powers of specified

Ordinances.
(2) Transfer to Corporation of powers and duties of Government
officers.
570 Cap. 65] Freetown Municipality
SECTION.

Section 63 — (1) Annual Estimates.

(2) Provision of rate in Estimates.
(3) Certified copy of Estimates to be sent to Minister for information
of Governor.
(4) Estimates to be open for inspection.

Section 64 — Duties of Council.

Section 65 — Acts lawful for Council to perform.

Section 66 — (1) Corporation to make bye-laws.

(2) (b) Governor's approval of bye-laws.

Section 67 — Powers of Police not to be affected.

PART XL-CORPORATE PROPERTY AND CoNTRACTS.

Section 68 — Property vested in Corporation.

Section 69 — Corporation may acquire property.

Section 70 — Compulsory acquisition of land.

Section 71 — (1) Borrowing at interest.

(2) Investment of funds.

Section 72

Powers of Governor in Council to impose conditions as to repaymentof money borrowed.

Section 73 — Provisions as to sinking fund.

Section 74 — Provisions for replacing purchase or compensation money.

Section 75 — Investment of proceeds of sale or exchange.

Section 76 — Corporation may enter into contracts.

Section 77 — Provisions as to contracts by Corporation.

Section 78 — Use of corporate seal.

PART XII.-MUNICIPAL LICENCES.

Section 79 — (2) Licences for vehicles.

(3) Marking of vehicles.
(4) Licences for entertainments.
(5) Licences subject to bye-laws and conditions.

Section 80 — (1) Licences obtainable from Treasurer.

(2) Duration of Licences.
(3) Hawkers and pedlars.

Section 81 — Application of licence fees.

Section 82 — Penalties.

PART XIIL-REvENUE OF THE CoRPORATION.

Section 83 — Revenue of the Council.

Section 84 — Application of revenue.

Section 85 — Appointment of Government officer to an office under the Corporation.

Section 86 — Order for payment of money.

Section 87 — Moneys to be paid into a Bank.

Section 88

Governor in Council empowered to authorise the writing off ofirrecoverable arrears of revenue.
PART XIV.-THE CITY RATE.

Section 89 — (1) The City rate.

(2) Payment of City rate.

Section 90 — Notice of intention to impose and imposition of City rate.

Section 91 — Rate Book.

Section 92 — City rate to be a charge on premises.

Section 93

Levy on owner's goods on non-payment of City rate.sECTION.

Section 94 — Poundage.

Section 95 — Payments of rates by occupier.

Section 96 — Levy on lands and premises on non-payment after two years.

Section 97 — Mayor may issue one warrant for each ward.

Section 98 — Warrant to be signed and sealed.

Section 99 — Absentee owner to appoint agent for payment of rate.

Section 100 — Unoccupied premises.

Section 101 — Notice of non-occupation andre-occupation.

Section 102 — Premises demolished or removed.

Section 103 — Premises exempt from rates.

Section 104 — Agreement between landlord and tenant.

Section 105

Exemption from payment of City rate owing to poverty.pART XV.-MISCELLANEOUS.

Section 106 — Appearance of Corporation in legal proceedings.

Section 107 — Form of title deeds.

Section 108 — Proof in legal proceedings.

Section 109 — Documents to be prima facie evidence.

Section 110 — Description of property of Corporation.

Section 111 — Publication of notices.

Section 112 — Service of notices.

Section 113 — Hindering publication of notices, etc.

Section 114 — Inspection of documents.

Section 115 — Obstruction, etc., of inspection.

Section 116 — Obstruction of execution of Ordinance.

Section 117 — Entry on Premises for purpose of Ordinance.

Section 118 — Power to administer oaths, etc.

Section 119 — Protection of Council and their officers from personal liability.

Section 120 — Notice of application to Governor in Council.

Section 121 — Power to the Governor in Council to vary provisions of Schedules.

Section 122 — General penalty.

Section 123 — Further general election to existing City Council of Freetown prohibited.

Section 124 — Cessation of application of Ordinance 38 of 1927 and saving!:'.

Section 125 — Savings of Crown rights.

Second Schedule.

1 of 1945.
15 of 1945.
4 of Hl48.
12 of 1949.
8 of 1950.
34 of 1954.
ll of l95G.
19 of 1956.
20 of 1957.
21 of 1957.
7 of 1959.
Short title.
Interpretation.
ll of 1956,
CHAPTER 65.
FREETOWN MUNICIPALITY.
An Ordinance to make provision with respect to the Municipal
City of Freetown.
[liTH JUNE, 1948.]
PART I.-PRELIMINARY.
1. This Ordinance may be cited as the Freetown Municipality
Ordinance, and shall come into force on such date as the
Governor shall fix by notice published in the Gazette and such
date shall be not later than the 30th day of June in the year
in which this Ordinance shall come into force.
2. In this Ordi.'lance, unless the context otherwise requires-
" alien" means a person who is not a British subject nor a
British protected person nor a citizen of the Republic of
Ireland;
" annual value " means the amount at which the premises
can reasonably be expected to let in the open market in
average years;
" assessed annual value " means the annual value of any
premises as entered in the Valuation Roll for the time being
in force;
"assessed premises" means any premises which appear in
the Valuation Roll for the time being in force;
" City " means the Town of Freetown, created a Municipal
City by the Freetown Municipality Ordinance, 1893;
34 of 1954. " City Fund " means the fund into which the revenue of
the Corporation is paid in terms of section 84;
"Corporation" means the Mayor, Aldermen, Councillors
and Citizens of the City of Freetown;
"corporate land" means land belonging to or held in
trust for the Corporation;
"Council" means the City Council of Freetown established
under this Ordinance;
7 of 1959. " Minister " means the Minister charged for the time being
with responsibility for the subject of internal affairs;
·····
" occupier " means a tenant, sub-tenant, or any person in
the actual occupancy of any premises;
"owner" includes joint owner, lessee, tenant for life, and
anY other person in the actual possession of or entitled
to receive the rents of premises of any tenure or description,
and the agent or attorney of such persons or any of them,
and any other person who has an interest in or draws the
rents;
"premises" means any land together with any building
thereon;
" streets " includes any highway and any public bridge and
any road, lane, footway, square, court, alley and passage to
which the public have access whether a thoroughfare or not;
" Town Clerk " means the Town Clerk appointed to the
Council under section 53, and shall include the Deputy Town
Clerk;
"Town Engineer" means the Town Engineer appointed
under section 53 and includes an Assistant Town Engineer;
" Treasurer " means the Treasurer appointed under
section 53.
PART H.-CoNSTITUTION AND GovERNMENT oF CITY.
3. The City of Freetown is hereby declared to be a Municipal
City and the inhabitants thereof a body corporate, bearing the
corporate name of the "Mayor, Aldermen, Councillors and
Citizens of Freetown," with a perpetual succession and common
seal, to be approved and, as necessary from time to time, altered
by the Corporation, and with power to sue and be sued.
4. The Corporation shall be capable of acting by the Council
established by section 7 of this Ordinance and called the "City
Council of Freetown," and the Council shall exercise all powers
vested in the Corporation by this Ordinance or otherwise.
City of
Freetown to
be body
corporate.
to act by
the City
5. The City shall comprise the area lying within the limits of ~~m~~ of
thA following boundaries- e 1
y.
A line commencing at a point East of Hill Station where
the right bank of the Congo River intersects the Freetown
Waterworks Reservation boundary; thence along the right
bank of the Congo River in a northerly direction to a point
on the northern boundary of Crown land the Colony Coordinates of which are 656638 feet North and 48010 feet
East; thence in a general westerly direction along the northern
S.L.-VoL. II-2
Division of
City into
wards.
boundary of Crown land through Property Beacons Nos.
1189, 1192, 1191, 1188, 1186, 1185 and 1184 to the eastern
boundary of VVar Department land; then in a general
northerly direction along the eastern boundary of VVar
Department land through Property Beacons Nos. W.D. 4
and W.D. 16 to W.D. 15; then on a Colony Bearing of
342° 05' for a distance of 1230 feet more or less to a point
where the centre line of the Old Mountain Railway passes
over the south bank of a tributary of the Congo River;
thence along the centre line of the Old Mountain Railway
track in a general northerly direction to Beacon No. C.C.S.
428, west of Wilberforce railway station; thence on a Colony
Bearing of 5° 30' for a distance of 946 feet more or iess to
Property Beacon No. 1233 which is situated on the western
boundary of Wilkinson Road; thence along the western
boundary of VVilkinson Road for a distance of 720 feet more
or less to its junction with a mi.11or stream bed; thence in a
northerly direction along the right bank of the said minor
stream bed to the point where it meets High Water Mark of
Whiteman's Bay 100 feet more or less east of C.C.S. Beacon
No. 930; thence in an easterly and northerly direction along
High Water Mark around Whiteman's Bay; thence along
High Water Mark in a northerly direction to the Sierra
Leone River; thence along the High VVater Mark of the
Sierra Leone River in an easterly direction to Cline Bay;
thence along High Water Mark in a south-westerly direction
to a point where the tidal water of Cline Bay reaches its
highest point on Granville Brook; thence along the left bank
of Granville Brook in a southerly direction to its junction
with the Mountain Torrent; thence along the left bank of
the Mountain Torrent in a southerly direction to the boundary
of the War Department property at Mount Aureol and
Kortright; thence in a north-westerly and southerly direction
along the said \Var Department boundary to its junction with
the Freetown Waterworks Reservation boundary; thence
anti-clockwise along the said Waterworks Reservation
boundary back to the Starting Point, the same as more
particularly delineated and verged PINK on Plan No. S.L.S.
219/40, which is registered in the offices of the Surveys and
Lands Department.
6. The City shall be divided for the purposes of this Ordinance
into three wards, namely the East, Central and West-
(1) The East Ward shall comprise that portion of the City
situate and being eastward of Nicol Brook.
(2) The Central Ward shall comprise that portion of the
City situate and being between Nicol Brook and Sanders
Brook till its junction with Highbay Brook, and thence
between Nicol Brook and Highbay Brook.
(3) The VVest Ward shall comprise that portion of the City
situate and being west of Sanders Brook till its junction with
Highbay Brook, and thence west of Highbay Brook.
PART III.--EsTABLISHMENT AND CoNSTITUTION
OF THE CouNCIL.
7. From and after the 1st day of November immediately
following the date on which this Ordinance shall come into
force, the City Council of Freetown established under the
Freetown Municipality Ordinance, 1927, shall cease to exist,
and in place thereof and as successor thereto there shall be
established the City Council of Freetown constituted in such
manner as is hereinafter provided.
Establish·
ment and
constitution
of the City
Council of
Freetown.
8. The Council shall consist of the Mayor, Aldermen and Constitution
of Council.
Councillors elected and appointed as hereinafter provided.
9. The Governor in Council may appoint six persons, not less
than two of whom shall be Africans to the Council as Councillors
thereof. Such persons shall hold office during the Governor's
pleasure for a period not exceeding three years as the Governor
may direct but shall be eligible for reappointment on retirement.
10. Subject to the provisions of section 28 the Central Ward,
East Ward and West vVard of the City shall each elect four
persons to the Council as Councillors thereof. Such persons
shall hold office for three years and shall then retire but shall
be eligible for re-election:
Provided that-
(a) those Councillors who are elected at the first general
election held after the coming into operation of this section
and who are not subsequently elected to be Aldermen under
section 11 ( 1) shall retire as follows--
(i) one of such Councillors elected for each Ward shall
retire after holding office for one year;
(ii) one of such Councillors elected for each Ward shall
retire after holding office for two years; and
(iii) one of such Councillors elected for each Wa:rd shall
retire after holding office for three years,
i:LL.-VoL. II-2*
Councillors
appointed by
Governor in
Councillors to
be elected for
each Ward.
Order of
retirement of
Aldermen
elected under
section 11 (l).
19 of 1956.
*
Cap. 55] Freetown Municipality
but shall in each case be eligible for re-election. The order
in which such Councillors shall retire shall be in accordance
with the number of votes they receive at the election, the
Councillor with the lowest number of votes retiring after one
year and the Councillor with the next highest number of
votes retiring after two years.
(b) those Councillors who are elected at the first general
election held after the coming into operation of this section
and who are subsequently elected to be Aldermen under
section 11 (1 ), (hereinafter in this section referred to as
Aldermen) shall retire as follows-
(i) the Alderman who received the lowest number of
votes at his election as Councillor shall retire after holding
office for two years;
(ii) the Alderman who received the next highest number
of votes at his election as Councillor shall retire after
holding office for four years; and
(iii) the Alderman who received the highest number of
votes at his election as Councillor shall retire after holding
office for six years,
but shall be eligible for re-election.
(c) in the event of it being impracticable to determine the
order of retirement of any Councillor or Alderman as provided
in the preceding provisos, the order of retirement shall be
determined by the casting of lots in such manner and at such
time and place as the Council shall direct; and
(d) in the event of the death or retirement of any elected
Councillor, other than a Councillor who has been elected to
be an Alderman, before the expiration of his term of office
any person elected to fill the vacancy so caused shall hold
office only for the unexpired period of the deceased or retiring
Councillor's term of office and shall then retire but shall be
eligible for re-election:
Provided further that the Councillors holding office immediately before the date of the coming into operation of this
section shall continue to hold office and to be members of the
Council, subject to the provisions of sub-sections (2), (3) and
(5) of section 15 of this Ordinance, until the date declared by
the Minister under the provisions of section 28 of this
Ordinance:
*These provisos, which were added by Ordinance 19 of 1956, are deemed to have
come into operation on the 18th of August, 1956. (Section IA (2) of No. 19 of 1956.)
Provided further that no person shall be elected to fill any
vacancy occurring amongst the Councillors during the period
between the coming into operation of this section and the date
declared by the Minister under the provisions of section 28 of
this Ordinance.
11. (1) The Councillors shall as soon as practicable after the Afltoi~tment
first general election held after the coming into operation of 1ld!:men.
section 28 of this Ordinance hold a meeting and shall elect three
of their number to be Aldermen. One such Alderman shall be
elected from the Councillors returned for each Ward and shall
represent the Ward for which he has been returned.
(2) After the election of Aldermen, the Councillors and ~~;~~n of
Aldermen shall elect a fit person from among the Aldermen and
Councillors or persons qualified to be elected as Councillors to
be the Mayor of the City of Freetown.
(3) Whenever thereafter the office of Mayor shall become
vacant, the Council shall elect one of their number or any
person qualified to be elected as a Councillor to be the Mayor.
(4) Any Alderman or Councillor elected at any time to the ~~;~~o~~[ to
office of Mayor shall not thereby be deemed to have vacated his create
office of Alderman or Councillor as the case may be. vacancy.
(5) Notwithstanding the provisions of section 15 (5) the :;:~~~~e~f
election of three Councillors to be Aldermen as provided in Aldermen not
sub-section (1) of this section shall not be deemed to create any to create
vacant seat in the Council. vacancy.
12. Whenever a vacancy shall occur in the office of Alderman
representing one of the Wards of the City either by the death or
resignation of the holder thereof, or otherwise, or whenever such
a vacancy shall be about to occur owing to the expiration of the
term of any Alderman's appointment, the Council shall elect
one of the persons holding office as Councillor to be an Alderman
and represent the Ward in respect of which there is, or is about
to be, a vacancy. Such person so elected shall hold office as
Alderman for six years as from the date of his election or the
occurrence of the vacancy whichever is the later and shall then
retire but shall be eligible for re-election.
13. (1) The Mayor shall receive such allowance as the
Council rna y determine.
(2) The Mayor shall hold office for one year and shall then
retire, and if he held the position of Alderman or Councillor
prior to his election shall revert to that position, but in any case
shall be eligible for re-election.
Election of
Aldermen
when vacancy
occurs.
Remuneration of
Mayor.
Mayor to
hold office
for one year.
Mayor to be
a Justice.
Mayor to
have precedence over
Justices.
Appointment
of Deputy
Mayor.
Qualifications
of elected
Councillors.
19 of 1956.
Disqualification for
membership
of Council.
7 of 1959.
Cap. 65] Freetown .~..lVI unicipality
(3) The Mayor shall, by virtue of his office, be a Justice of the
Peace for the Police District of Freetown, and shall, unless
disqualified to be Mayor, continue to be such a Justice during
the next year after he ceases to be Mayor.
(4) The Mayor shall have precedence over all other Justices
acting in, and for, the Police District of Freetown, and be entitled
to take the chair at all meetings of Justices held in the said
Police District, at which he is present, by virtue of his office of
Mayor; except that he shall not, by virtue of this section, have
precedence over any Police Magistrate engaging in administering
justice.
14. (1) The Mayor may from time to time appoint any one
of the Aldermen or Councillors to act as Deputy Mayor in the
event of and during the illness or absence of the Mayor.
(2) The Mayor may terminate any such appointment at any
time.
(3) Any such appointment or the termination thereof shall
be recorded in the minutes of the Council.
(4) A Deputy Mayor may, while acting as such, do all acts
which the Mayor might do provided that he shall not by virtue
of his office act as a Justice.
15. (1) Subject to the provisions of sub-section (2) of this
section, a person shall be qualified for election as a Councillor
for any one ward if he~
(a) is literate in the English language; and
(b) is entitled to be registered as a voter under this
Ordinance and his name is in the register of voters for any
ward in the City.
(2) Notwithstanding the provisions of sub-section (1) of this
section, a person shall be disqualified for election as a Councillor
and if a Councillor his seat shall become vacant~
(a) if he is an alien; or
(b) if and while he holds any office or place of profit in the
gift or disposal of the Council other than that of Mayor; or
(c) is under sentence of death or is serving, or has within
the immediately preceding five years completed the serving
of, a sentence of imprisonment (including a sentence of
preventive detention or corrective training) without the
option of a fine, of or exceeding twelve months imposed by
a court in Sierra Leone for any felony or for any offence
involving dishonesty and has not received a free pardon; or
----~-~------------- ---
(d) if he is a lunatic so found under the laws for the time
being in force in Sierra Leone; or
(e) if and while he has, directly or indirectly, by himself or
a partner any share or interest in a~y contract or employment
with, by or on behalf of the Counml, and has not-
(i) if he is a candidate for election, published within one
month before the day of election in some newspaper
circulating in the ward for which he is a candidate a
notice setting out the nature of his share or interest in such
contract or employment; or
(ii) if he is a Councillor, as soon as possible disclosed that
interest to the Council; or
(f) if he is disqualified from membership of the Council
under any law for the time being in force in Sierra Leone
relating to offences connected with elections:
Provided that a person shall not be disqualified by reason of
his being interested in-
(a) any sale, purchase or lease of land to or from the
Council; or
(b) any newspaper in which any notice or advertisement
relating to the affairs of the Council is inserted; or
(c) any agreement with the Council for the loan of money,
or any security for the payment of money by the Council; or
(d) any company which contracts with the Council for
lighting or supplying water, or insuring against fire any
property of the Council; or
(e) any company incorporated by, or under, an Act of
Parliament, Ordinance or Royal Charter.
(3) The seat of a nominated or an elected Councillor shall When elected
also become vacant-- Councillor's
seat to
(a) upon his death·, or become
vacant.
(b) if by writing addressed to the Mayor, he resigns his seat
in the Council; or
(c) if, without leave of the Mayor, he is absent for a period
of six consecutive months from the meetings of the Council; or
(d) if being an elected Councillor he ceases to be qualified
under sub-section ( l) of this section.
(4) When the seat of a Councillor becomes vacant the Mayor
shall forthwith declare the seat of such member to be vacant,
and the Town Clerk shall forthwith notify the Minister and such
Councillor, if practicable, of such declaration of vacancy:
Governor in
4 of 1948,
Existing
Roll deemed
to be
prepared
under this
Ordinance.
of premises.
Provided that a Councillor whose seat shall have been
declared vacant under this sub-section may, within fourteen
days after the date of being notified of such declaration, apply
to a Judge in Chambers to have such declaration set aside.
Notice of the intention to make such application and the grounds
thereof shall be given to the Town Clerk within seven days
after such declaration. The order of the Judge in Chambers as
to the disqualification or otherwise of the Councillor shall be
final and conclusive.
(5) Except as provided in section 11 (5) the seat of a nominated
or elected Councillor shall become vacant if he is elected to the
office of Alderman.
16. (I) If at any time the Governor in Council is of the
opinion that the Council is no longer exercising any of its
powers or performing any of its duties under the Ordinance in a
manner conducive to the welfare of the City, he shall issue a
Commission of Inquiry in accordance with the Commissions of
Inquiry Ordinance, Cap. 54 (such Commission however to
consist of not fewer than three Commissioners one of whom
shall possess legal qualifications), to inquire into and report on
such matter in accordance with the procedure laid down in the
said Ordinance, and after receiving the report of the Commissioners, may appoint a Committee of management forthwith if
the matter of inquiry related to public health, and in all other
cases after failure of the Council to rectify within a time to be
specified by the Governor in Council any default in the exercise
of its powers and duties established by the Commissioners.
(2) Any such Committee of Management may be appointed
for any period not exceeding six months to exercise, during the
continuance of such appointment, any specified powers and
duties of the Council and the Council shall forthwith cease to
exercise and perform such powers and duties accordingly.
pART IV.-VALUATION OF PREMISES.
17. Until such time as the first Valuation Roll is duly made
and deposited under the provisions of this Ordinance, the
Valuation Lists in force for the time being under the Freetown
Municipality Ordinance, 1927, and in force at the commencement of this Ordinance shall be deposited at the Town Clerk's
Office and be deemed for all purposes to be a Valuation Roll duly
prepared and approved under the provisions of this Ordinance.
18. There shall be liable to be assessed in accordance with
the provisions of this Part all premises (including premises
wned by or in the occupation of the Corporation) within the
0 . t
City boundanes excep -
(a) any church, chapel, mosque, m~eting-house or oth~r
premises, or a~w part thereof, exclusively used for pubhc
religious worship ;
(b) premises us~d exclusively as a hospital and not so used
for purposes of gam;
(c) premises used principally as a university, college, school
or Sunday school and not so used for purposes of gain;
(d) burial grounds, and crematoria;
(e) premises declared by a resolution of the Council with
the approval of the Governor in Council to be exempted from
assessment.
19. The Council shall in the month of November in every
year appoint one or more competent persons to be called valuers
at such remuneration, to be paid from the revenue of the
Council, as the Council may think fit.
(2) The Council shall before the lst day of June in the year
immediately following the year in which this Ordinance shall
come into force, and thereafter from time to time as may be
necessary, appoint an Assessment Committee, consisting of
eight members of the Council, one of whom shall be the Mayor.
The Assessment Committee shall be deemed to be properly
constituted whenever five members are present at a duly
convened meeting thereof.
(3) Valuation Lists showing the assessed annual value of all
premises assessable under section 18 shall be prepared by the
valuers and approved by the Assessment Committee in
accordance with the provisions contained in Part I of the First
Schedule hereto.
Appointment
of valuers and
Committee.
20. The Director of Public Works shall transmit to the ~ir:
1~to~of k
Town Clerk, for the information of the Valuers, the particulars tou tr~~sm~~ 8
contained in any notices given to the Director of Public vVorks p~rticulars
· . . given under
m pursuance of sectwn 14 or sectiOn 19 of the Freetown sections I4
Improvement Ordinance. and 19 orCap. 66.
21. (I) The first Valuation Roll prepared under the provisions
of this Ordinance shall be deposited at the Town Clerk's
Office on or before a day to be appointed by the Council and
thereafter a Valuation Roll shall be deposited thereat on or
efo~e the lst day of August in every year. Any person
ownmg or in the occupation of or interested in any assessable
Deposit of
Roll.
Objections to
Roll.
Roll to
subsist until
deposit of
new Roll.
Qualification
of citizens.
Qualifications
of voters.
19 o£ 1956.
Cap. 65] Freetown JYI unicipality
premises shall be entitled to inspect the Valuation Roll and
to take copies thereof and extracts therefrom free of charge.
(2) The Town Clerk shall forthwith publish a notice of the
deposit of the Valuation Roll:
Provided that, in the year 1957, the Valuation Roll shall be
deposited at the Town Clerk's Office on or before a day to be
appointed by the Council.
22. Objections to and amendments of any Valuation Roll
shall be determined and made in accordance with the provisions
of Part I of the First Schedule hereto.
23. Every Valuation Roll deposited as aforesaid shall be in
force until the new Valuation Roll in substitution for the same
be deposited.
PART V.-CrTIZENs AND REGISTRATION oF VoTERS.
24. A person shall not be deemed a citizen (which term when
used in this Ordinance shall include persons of both sexes) for
any purpose of this Ordinance, unless he is registered as a voter
in the register of voters.
25. (1) Subject to the provisions of sub-section (3) of this
section, every person whether male or female shall be entitled
to be registered as a voter for any one ward and when registered
to vote at the election of a Councillor for that ward, who-
(a) has attained the age of twenty-one years; and either
(b) (i) has been ordinarily resident in that ward during the
whole of the six months immediately preceding the date of
registration; and
(ii) is in receipt of a yearly income of at least sixty pounds;
or
(c) is, and has been for the six months immediately
preceding the date of registration, the owner or occupier
(jointly or severally) of any house, warehouse, counting house,
shop, store or other building (in this Ordinance referred to as
qualifying property) in the ward of which the annual assessed
value is not less than three pounds (provided that where any
persons are shown to be joint occupiers, of any qualifying
property, the names of such persons shall only be placed on
the list of registered voters if the annual assessed value of
such qualifying property, divided by the number of joint
occupiers, is not less than three pounds).
Freetown Municipality [Cap. 65 583
.....--------------~-~----~~·---------~------- ---~ --~--------- - ~-----------
(2) Both an owner and an occupier and both a husband and a
wife may qualify in respect of the same property.
(3) Notwithstanding the previous provisions of this section,
0 person shall be registered as a vot~r or, having b~en registered
~hall be entitled to vote at the electwn of a Councillor-
(a) if he is an alien; or
(b) ~f he is ~ lu~atic so found under the laws for the time
being m force m Sierra Leone; or
(c) if he is disqualified from b~ing re!Sist~red as a. vot~r or
voting under any law for the t1me beillg ill force ill Sierra
Leone relating to offences connected with elections; or
(d) if he is serving a sentence of imprisonment.
26. (1) The Minister rna y from time to time and as often as
he may deem necessary appoint a fit and proper person to be the
Registration Officer to prepare, settle and publish the registers
of voters in the manner prescribed by regulations made under
this Ordinance and the Registration Officer may with the
approval of t~e Mi~ister ?'ppoint fit _and _pr~per persons to. be
Assistant RegiStratwn Ofhcers to assist h1m ill the preparatwn
of the register of voters in accordance with regulations made
under this Ordinance.
(2) A list of voters shall be prepared, settled and published
by the Registration Officer in the manner prescribed by
regulations made under this Ordinance and when recorded in a
book as therein provided, such book shall be the register of
voters and shall remain in force until the next register of voters
has been completed.
(3) The Mimster may from time to time and as often as he
may deem necessary appoint Magistrates to be Revising
Officers to revise the registers of voters in accordance with the
regulations made under this Ordinance.
(4) The Registration and Revising Officers shall comply with
any general or special directions not inconsistent with this
~rdinance or the regulations made thereunder which may be
giVen by the Minister with respect to the arrangements to be
Inade by such officers for carrying out their registration and
revision duties under this Ordinance.
(5) Subject to the authority direction and control of the
Registration Officer, an Assistant Registration Officer shall have
a!I the powers and may perform any of the duties of the Registra~
t1on Officer under this Ordinance.
Register of
voters.
7 of 1959.
Revising
Oftlcers.
Remuneration of
Revising
Officer.
General
Elections.
Bye
Elections.
Regulations
as to
elections.
(6) Notwithstanding the provisions of the previous subsections of this section, it shall be lawful for the Governor in
Council to appoint fit and proper persons to be assistant
Registration Officers to assist the Registration Officer in the
preparation of the register of voters for the general elections to
be held as provided in section 28 of this Ordinance in accordance
with regulations made under this Ordinance.
27. The Revising Officer shall be paid from the revenue of the
Council for each revision of the lists made under this Ordinance
such sum as the Council may determine.
pART VI.-ELECTION PROCEDURE.
28. On such date after the coming into operation of this
section as the Minister may by Order declare, all members of
the Council shall retire and there shall be held a general election
of the elected members of the Council in accordance with the
provisions of this Ordinance and thereafter an election to fill
vacancies caused by the retirement of those elected members
whose term of office has expired shall be held annually on the
fust day of November.
29. Whenever a vacancy has occurred among the elected
members of the Council, otherwise than by retirement or
expiration of terms of office, the Council shall appoint and notify
to the Town Clerk the day for the holding of an election to fill
such vacancy:
Provided that where the vacancy is caused by the death or
retirement of an elected member whose unexpired term of office
is less than six months an election to fill the vacancy shall not
be held unless the Council so directs.
30. Subject to the provisions of this Ordinance, the Governor
in Council after consultation with the Council may make
regulations for the election of elected members of the Council
including, without prejudice to the generality of the foregoing
power, the following matters, that is to say-
(a) the registration of voters and the revision of the
registers of voters;
(b) the ascertainment of the qualifications of voters and of
candidates for election;
(c) the method of nominating candidates;
(d) the holding of elections and the method of voting; and
(e) election petitions.
31. Every election not called in question within fifteen days
fter the publication of the result thereof in the Gazette shall be
deemed to have been to all intents a good and valid election.
Election valid
unless
questioned
within fifteen
days of
publication
of result.
32. (1) Any person who attempts to prevent, obstruct or ~f~I:~I~~~
disturb any election by force, violence or threats shall be guilty by force.
of an offence and liable, on conviction, to imprisonment, with u of 1956.
or without hard labour, for a period not exceeding two years.
(2) Anr person wh?, at a lawful public meeting h~ld in connection with the electiOn of any person to the Council, between
the date of publication of the notice appointing a day for the
holding of an election under regulations made under section 30
of this Ordinance and the date on which the result of the election
is published, acts or incites others to act in a disorderly manner
for the purpose of preventing the transaction of the business for
which the meeting was called together shall be guilty of an
illegal practice and shall be liable on summary conviction, to
a fine not exceeding fifty pounds or to imprisonment, with or
without hard iabour, for a period not exceeding six months, and
shall be incapable, during a period of five years from the date of
his conviction, of voting at any election of an elected member of
the Council.
Interference
with lawful
public
meeting to
be an illegal
practice.
33. Any person who- Offences in
respect of
(a) forges or fraudulently defaces or fraudulently destroys noiilination
any nominati?n ~aper, or delivers t<;> any person or aut~o!ity i;P:;~9~~~·
to whom nommatwn papers are reqmred, under the provisiOns
of any regulations made under section 30 of this Ordinance,
to be delivered, any nomination paper knowing the same to be
forged; or
(b) forges or counterfeits or fraudulently destroys any
ballot paper or the official mark on any ballot paper; or
(c) without due authority, supplies any ballot paper to any
person; or
(d) fraudulently puts into any ballot box any paper
other than the ballot paper which he is authorised by law to
put in; or
(e) fraudulently takes out of any place of voting or place
of election any ballot paper; or
(f) without due authority destroys, takes, opens, or otherwise interferes with any ballot box or packet of ballot papers
then in use for the purposes of the election;
shall be guilty of an offence and liable, on summary conviction,
to a fine not exceeding fifty pounds or to imprisonment, with or
Penalty fol'
false anf-;wer.
Falsification
of return at
election.
ll of HJ56.
Personation.
Treating.
without hard labour, for a period not exceeding six months or
to both such fine and imprisonment. Any attempt to commit
an offence specified in this section shall be punishable in the
manner in which the offence itself is punishable.
34. Any person, who m_akes a false answer to any question
lawfully put to him in pursuance of the provisions of any
regulations made under section 30 of this Ordinance knowing it
to be false or not believing it to be true, shall be guilty of an
offence and liable, on summary conviction, to a fine not exceeding fifty pounds or to imprisonment, with or without hard
labour, for a period not exceeding six months or to both such
fine and imprisonment.
35. Any person, who being an officer charged with the
counting of votes or the making of a return at any election,
wilfully falsifies the account of such votes or makes a false
return shall be guilty of an offence and liable, on conviction,
to imprisonment, with or without hard labour, for a period not
exceeding five years.
36. Any person who at an election held under this Ordinance
knowingly votes or attempts to vote in the name of some other
person, whether that name be that of a person living or dead
cr of a fictitious person, or who, having voted once at any
such election, votes or attempts to vote at the same election in
his own name shall be guilty of the offence of personation, and
every person so guilty or who is guilty of the offence of aiding,
abetting, counselling or procuring the said offence shall be
liable on sumn1ary conviction, to imprisonment, with or without
hard labour, for a period not exceeding six months.
37. (1) Any person, who corruptly by himself or by any other
person, either before, during or after an election held under this
Ordinance, directly or indirectly, gives or provides, or pays
wholly or in part the expense of giving or providing any meat,
drink, entertainment or provision to or for any person, for the
purpose of corruptly influencing that person, or any other
person, to give or refrain from giving his vote at such election
or on account of such person or any other person having voted
or refrained from voting or being about to vote or refrain from
voting, at such election, shall be guilty of the offence of treating
and shall be liable, on summary conviction, to a fine not exceeding twenty-five pounds.
(2) Every voter who corruptly accepts or takes any such meat,
drink, entertainment or provision shall also be guilty of the
Freetown JYI unicipality [Cap. 65
. of ·treating and shall be liable, on summary conviction,
o:ff~nh,cepenalty specified in the preceding sub-section.
to v e
38 Every person who, directly or indirectly, by himself or
, 0 :
1y other person on his behalf, makes use of or threatens
~y ;;:ake use of any force, violence or restraint, or inflicts or
v~ • a<-ens to inflict, by himself or any other person, any temporal
t /:~iritual injury, damage, harm or loss upon or against any
0 -·son in order to induce or compel such person to vote or
pe~ ain from voting, or on account of such uerson having votedre~r ·- . . L , •
refrained from votmg at any electwn held under tlus
~rdinance, or w~o by abduction, duress or any fraudu~ent d~vice
or contrivance 1mpedes or prevents the fr.ee 1
exercise m t~e
franchise of any V?ter or th.ereby com~els, mou~e~ or P.revmls
.,pon any voter, e1ther to giVe or refram from g1vmg hiS vote
~t any such election, shall be guilty of the offence of undue
influence and shall be liable, on summary conviction, to a fine
not exceeding twenty-five pounds.
39. (1) The following persons shall be deemed guilty of the
offence of bribery and shall be liable, on summary conviction,
to a fine not exceeding twenty-five pounds--
(a) every person who, directly or indirectly, by himself or
by any other person on his behalf, gives, lends, agrees to
give or lend, oi1ers, promises or promises to procure or t,o
endeavour to procure, any money or valuable consideration
to or for any voter, or to or for any person on behalf of any
voter or to or for any other person, in or-der to induce any
voter to vote or refrain from voting, or corTuptly does any
such act as aforesaid on account of such voter having voted
or refrained from voting at any election under this Ordinance;
(b) every person who, directly or indirectly, by himself or
by any other person on his behalf, gives, procures, agrees to
give or procure, offers, promises or promises to procure or to
endeavour to procure, any office place or employment, to or
for any voter, or to or for any person on behalf of any voter,
or to or for any other person, in order to induce such voter
to vote or refrain from voting, or corruptly does any such act
as aforesaid on account of any voter having voted or refrained
from voting at any election under this Ordinance;
(c) every person who, directly or indirectly, by himself or
by any other person on his behalf, makes any such gift, loan,
offer, promise, procurement or agreement as aforesaid to or
for any person in order to induce such person to procure or
endeavour to procure the return of any person as an elected
Grrdue
influence.
ll of l\)53.
Bribery.
Disqualification for
personation,
etc.
member of the Council, or the vote of any voter at any
election under this Ordinance;
(d) every person who, upon or in consequence of any
such gift, loan, offer, promise, procurement or agreement,
procures or engages, promises or endeavours to procure, the
return of any person as an elected member of the Council, or
the vote of any voter at any election under this Ordinance;
(e) every person who advances or pays or causes to be
paid any money to or for the use of any other person, with
the intent, that such money or any part thereof shall be
expended in bribery at any election under this Ordinance,
or who shall knowingly pay or cause to be paid any money
to any person in discharge or repayment of any money wholly
or in part expended in bribery at any such election:
Provided always that the provisions of this section shall not
extend or be construed to extend to any money paid or agreed
to be paid for or on account of any legal expenses bona fide
incurred at or concerning any election.
(2) The following persons shall also be deemed guilty of the
offence of bribery and shall be liable, on summary conviction,
to the penalty specified in the preceding sub-section-
(a) every voter, who before or during any election under
this Ordinance, directly or indirectly, by himself or by any
other person on his behalf, receives, agrees or contracts for any
money, gift, loan, valuable consideration, office, place or
employment, for himself or for any other person, for voting
or agreeing to vote or for refraining or agreeing to refrain
from voting at any such election;
(b) every person who, after any election under this
Ordinance directly or indirectly, by himself or by any other
person on his behalf, receives any money, gift, loan, valuable
consideration, office, place or employment for himself or for
any other person, on account of any person having voted or
refrained from voting or having induced any other person to
vote or refrain from voting at any such election.
40. Every person, who is convicted of personation, treating,
undue influence or bribery, or of aiding, counselling or procuring
the commission of the offence of personation, shall, in addition
to any other punishment, be incapable during a period of seven
years from the date of his conviction-
(a) of being registered as a voter or voting at any election
of an elected member of the Council;
(b) of being elected a member of the Council or, if elected
b fore his conviction, of retaining his seat as an elected
U:ember of the Council.
E ery person who- Pena!ty for
41. V certam
(a) votes, or induces or procures any person to vote at any illega!
d th . 0 d" k . th h h tl practices.
election un er. _Is r ma~ce, n?wmg at e or sue o wr 11 of 1956_
erson is prohibited by this Ordmance or by any other law
from voting at such election;
(b) before or. during an election under thi~ Ordinance
knowingly pubhshes a false statement of the wrthdrawal of
a candidate at such election for the purpose of promoting or
procuring the election of another candidate;
hall be guilty of an illegal practice and shall be liable, on
:ummary conviction, to a fine not exceeding fifty pounds and
be incapable, during a period of five years from the date of his
conviction, of being registered as a voter or voting at any
election of an elected member of the Council.
42. (1) Every conveyance or transfer of property whatsoever Frau~ulentf
. . trans1ers o
to any person m any fraudulent or collusive manner for the property.
purpose of qualifying him to become a member of the Council 11 of 1956.
or a voter under this Ordinance shall be deemed and taken as
against the parties thereto to be valid and absolute, and every
bond, covenant, collateral or other security, contract or agreement, between or with such parties, or any of them for a
reconveyance or transfer or for the revoking, annulling, defeating
or otherwise doing away with the effect of such conveyance or
transfer, shall be null and void to all intents and purposes
whatsoever.
(2) Every party to a conveyance or transfer of property of the
nature described in the preceding sub-section and every person
who, by colour thereof or by means thereof, shall give any
vote at any election under this Ordinance or sit in the Council,
shall be guilty of an offence and liable, on summary conviction,
to a fine not exceeding fifty pounds, and, if a member of the
Council, his seat shall forthwith become vacant.
4~. (1) Every officer, clerk and agent in attendance at a Infringement
P~lhng place shall maintain, and aid in maintaining the secrecy ~: se;~e9c;~
0 the voting in such place and shall not communicate, except o o ·
for some purpose authorised by law, before the poll is closed to
:n~ person any information as to the name or number on the
~glster of voters of any voter who has or has not voted at that
P ace, or as to the official mark.
S.L.-VoL. II-3
Property of
election
material
vested in the
Town Clerk.
Presentation
of election
petition.
Trial of
election
petition.
(2) No such officer, clerk agent or other person whosoever
shall interfere with or attempt to interfere with a voter when
making his vote or communicate at any time to any person
any information obtained in a polling place as to the candidate
for whom any voter in such place is about to vote or has voted.
(3) Every officer, clerk and agent in attendance at the
counting of the votes shall maintain and aid in maintaining
the secrecy of the voting, and shall not attempt to obtain at
such counting any information as to the voter by whom any
vote is given and shall not communicate to any other person
any information obtained at such counting.
(4) Every person who acts in contravention of the provisions
of this section shall be guilty of an offence and liable, on summary
conviction, to imprisonment, with or without hard labour, for
a period not exceeding six months.
44. In any prosecution for an offence in relation to the
nomination papers, marking instruments and other things in
use at an election, the property in such papers instruments and
things, as well as the counterfoils, may be stated to be vested in
the Town Clerk.
PART VII.-ELECTION PETITIONS.
45. A petition complaining of an undue return or undue
election of a member of the Council (in this Ordinance called
an "election petition") may, at any time within fifteen days
of the publication of the result of such election in the Gazette
be presented to the Supreme Court by any one or more of the
following persons that is to say-
(a) some person who voted or had a right to vote at the
election to which the petition relates; or
(b) some person who claims to have had a right to be
returned or elected at such election; or
(c) some person who alleges himself to have been a
candidate at such election.
46. (1) Every election petition shall be tried by a Judge of
the Supreme Court in open Court.
(2) At the conclusion of the trial, the Judge shall determine
whether the member of Council whose return or election
complained of, or any other and what person was duly returned
or elected, or whether the election was void, and shall certify
such determination to the Minister; a copy of such certificate
shall be sent by the Registrar of the Court to the Town Clerk
and upon such certificate being given, such determination shall
be final; and the return shall be confirmed or altered, or a new
election shall be held, as the case may require, in accordance
with such certificate.
(3) The Minister shall declare, by notification in the Gazette,
whether the candidate, whose return or election is questioned
or any or what other person, is duly returned or elected, or
whether the election is void.
(4) If the election is declared void, the Council shall appoint
another date for the election of an elected member of the
Council for the Ward concerned.
(5) The House of Representatives Election Petition Rules *
shall apply, mutatis mutandis, to election petitions presented to
the Supreme Court under section 45 of this Ordinance:
Provided that the security for costs to be given by the
petitioner shall be to such amount not exceeding seventy-five
pounds as the Supreme Court on summons may direct and shall
be given either by a deposit of money or by recognisance entered
into by not more than four sureties or partly in one way and
partly in the other.
Corrupt
practice.
47. (1) No election shall be valid if any corrupt practice is
committed in connection therewith by the candidate elected. 11 of 1956.
(2} A corrupt practice shall be deemed to be committed by a
candidate if it is committed with his knowledge and consent,
or by a person who is acting under the general or special
authority of such candidate with reference to the election.
(3) The expression "corrupt practice" means any of the
following offences, namely, personation, treating, undue influence
or bribery.
PART VIIL-MEETINGS oF THE CouNCIL.
48. ( l) The Council rna y from time to time make, amend or Standing
myoke Standing Orders not inconsistent with the provisions of Orders.
tlns Ordinance to regulate the proceedings of the Council:
(2) U~til varied or revoked by Standing Orders made under
sF~b-sectwn (l ), the Standing Orders contained in Part II of the
Irst Schedule hereto shall be in force.
ll(3) The Standing Orders for the time being in force shall at
ath times ~e followed and observed, and shall be binding upon
e Counml.
Cour~ T0hes~ rules are printed in the Volume containing the subsidiary legislation of th~8 rdinance, Cap. 7.
t>.L.-VoL. II-3*
Minutes of
Council
prima. facie
evidence.
Acts of
Council
valid despite
vacancies.
Member
interested
not to take
part in proceedings.
Disclosure of
interest.
Proceedings
in respect of
qualification.
49. The minutes of any meeting of the Council or of any
committee of the Council purporting to have been approved by
the Council or committee and signed by the presiding member
shall be prima facie evidence of the matters referred to therein
and shall be received in evidence without further proof.
50. No act or proceeding of the Council or of a committee
shall be questioned on account of any vacancy in their body or
on the ground that a Councillor or Alderman to be elected or
appointed has not been elected or appointed.
51. (1) No member of the Council shall vote or take part in
the discussion of any matter before the Council or a committee
in which he has directly or indirectly by himself, his wife, or
partner, any pecuniary interest, or in which a company of
which he is a shareholder has such any pecuniary interest; and no
member of the Council shall receive any salary or shall exact
or accept any fee or reward whatsoever for or on account of
anything done or to be done by him by virtue of this Ordinance,
or on any account whatsoever relating to this Ordinance:
Provided that nothing in this section shall be deemed to
debar the Mayor from receiving any allowance for his services
under section 13.
(2) Where any officer or member of the Council has directly
or indirectly by himself, his wife or partner any interest in any
contract or offer to contract which is under consideration by
the Council such member shall disclose his interest therein to
the Council.
52. (1) Proceedings may be instituted in the Supreme Court
against any person acting as a member of the Council, on the
ground of his being disqualified under this Ordinance from so
acting, by any person who is a registered voter within a Ward
of the City:
Provided that proceedings under this section shall not be
instituted after the expiration of six months from the date on
which he so acted.
(2) ·where in proceedings under this section it is proved that
the defendant has acted as a member of the Council, while
disqualified from so acting, the Court shall have all or any of
the following powers-
(a) to make a declaration to that effect and to declare
that the seat of the defendant in the Council is vacant;
-----------(b) ~o grant an injunction restraining the defendant from
so actmg;
(c) to order that the defendant shall forfeit to Her Majesty
such sum as the Court may think fit, not exceeding fifty
pounds. for each occasion on which he so acted while
disqualified.
PART IX.-OFFICERS OF THE CouNCIL AND AccouNTS.
53. (1) The Council may from time to time appoint a Town Afp~intment
Clerk, a Deputy Town Clerk, a lVIedic~l Officer o! Heal~h, a ~ 0~ ;~:;.·
Treasurer, an Accou~tant, .a. Tow~ ~ngmeer, a Chief Samtary
Superintendent, a C1ty Baihff, Bailiffs and such other officers
as it roay deem necessary and may at any time in its discretion
terminate such appointments:
Provided that in the case of the Medical Officer of Health
the following special conditions shall apply-
(a) The appointment shall not be for a limited time only;
(b) He may not be dismissed without the consent of the
Governor in Council; and
(c) He must be-
(i) a duly qualified Medical Practitioner; and
(ii) the holder of a diploma in sanitary science, public
health or State medicine:
Provided further that in the case of the Chief Sanitary
Superintendent the following special conditions shall apply-
(a) The appointment shall not be for a limited time only;
(b) He may not be dismissed without the consent of the
Governor in Council; and
(c) He must possess such qualifications as the Governor in
Council may by rules prescribe.
(2} Subject to the terms of any contract with the Council,
the Town Clerk shall hold office during the pleasure of the
54. (l) The Town Clerk shall have the charge and custody Town Clerk
of and be responsible for all books, deeds, records and other responsible
do b . . for records.
cuments and these shall e kept as the Council may duect.
d (~) The Deputy Town Clerk shall act for the Town Clerk When
urmg the illness absence or other incapacity of the Town Deputy Town
Clerk, ' Clerk to act.
City Bailiff
and Bailiffs.
55. (1) The City Bailiff, whilst in the performance or
execution of the duties of his office, shall have the like powers,
privileges and immunities as the Sheriff of the Colony.
(2) Every bailiff duly appointed may serve or execute any
process which by this Ordinance or any other Ordinance is
directed to be served or executed by the City Bailiff.
Officers to 56. The Council rna y require an officer to give such securitygive security
if so required. as it rnay think proper for the due execution of such officer's
Officers to
render
accounts
when
directed.
Accounts
and audit.
Power of
Auditor to
call for
books, etc.
duties.
57. Every officer of the Council shall at such times and in
such manner as the Council may direct deliver to the Council a
true account in writing of all matters committed to his charge,
and of his receipts and payments, with vouchers and a list of
persons from whom money is due in connection with his office,
showing the amount due from each person; and every such
officer shall pay all money due from him to the Treasurer.
58. (1) The Council shall cause to be kept true accounts in
accordance with such instructions as the Governor rna y issue
from time to time. Such accounts together with all books,
vouchers and papers relating thereto, and together with a
balance sheet, shall be laid not later than the 31st day of
January in each year before an Auditor appointed by the
Governor. The Auditor shall make and sign a report on such
accounts and balance sheet; and a duplicate copy of such report
shall be sent to the Minister, who shall cause a copy of the
balance sheet and Auditor's report to be published in the Gazette.
(2) The Council shall permit the Auditor to check any cash
in its possession and to have access to its accounts and all books,
vouchers and papers relating thereto at any time during the
usual office hours.
(3) The original balance sheet and the accounts in full and
the Auditor's report thereon shall be open to inspection at the
office of the Town Clerk during office hours by any person whose
name appears upon the register of voters on payment of a fee
of one shilling.
59. For the purpose of any audit under this Ordinance, the
Auditor may by summons in writing require the production
before him of all books, deeds, contracts, accounts, vouchers,
receipts and other documents and papers which he may deem
necessary, and may require any person holding or accountable
for any such books, deeds, contracts, accounts, vouchers,
Freetown Municipality [Cap. 65 595
---------------------------------
--------i ts documents, or papers to appear before him at any
rec~~udit or any adjournment thereof, and to make and sign a
s~~laration as to the correctness of the same; and if any such
d son neglects or refuses so to do or to produce any such books,
aer ds contracts, accounts, vouchers, receipts or other documents
e~apers, or to make or sign such declaration, he shall be liable
~rr every neglect or refusal to a fine on summary conviction not
e~ceeding two pounds.
60. {1) The Auditor acting in pursuance of section 58 shall
disallow every item of account contrary to law and shall certify
the amount of any deficiency or loss incurred by the negligence
or misconduct of any person or of any sum which ought to have
been but is not brought into account by any person. The
Auditor shall surcharge the amount on the person who has made
or authorised the making of the illegal payment or whose default
has caused the deficiency or loss or failure to bring to account,
as the case may be. On application by any party aggrieved
the Auditor shall state in writing the grounds upon which his
certificate is based, and also of any disallowance which he may
have made.
{2) (i) Any person who is aggrieved by any surcharge or
disallowance as aforesaid may, where the· disallowance or
surcharge relates to an amount exceeding one hundred pounds,
appeal to the Supreme Court, and may, in any other case
appeal either to the Supreme Court or to the Governor in
Council:
Provided that any such appeal shall be made within fourteen
days of the person being notified of the surcharge or disallowance,
or within such further period, as the Court or Governor in
Council, as the case may be, may allow.
{ii) The Court or Governor in Council on such appeal shall
hav~ power to confirm, vary or quash the decision of the
Auditor and to remit the case to the Auditor with such directions as the Court or Governor in Council thinks fit for giving
effect to the decision on appeal.
(iii) ~here an appeal is made to the Governor in Council
under. thiS sub-section, he may, at any stage of the proceedings,
~tate m the form of a special case for the opinion of the Supreme
ourt any question of law arising in the course of the appeal.
Power of
Auditor to
surcharge
illegal payments.
Appeals
against
decision of
Auditor.
"h( 3) (i) ln the case of a surcharge, the person surcharged may, ApplicB,tions
\\ eth for relief.
" b er_ or not he appeals under the immediately preceding
~~ thect10n, apply to the tribunal (whether the Supreme Court
e Governor in Council) to whom he appealed, or if he does
Power of
Town Clerk
to sue for
recovery of
payments
surcharged.
not appeal, the tribunal (whether Supreme Court or Governor
in Council) to whom he might have appealed, for a declaration
that in relation to the subject matter of the surcharge he acted
reasonably, or in the belief that his action was authorised by
law, and the Court or Governor in Council, if satisfied there is
proper ground for so doing, may make a declaration to that
effect.
(ii) Where such a declaration is made, the Court or the
Governor in Council may, if satisfied that the person surcharged
ought fairly to be excused, relieve him either wholly or in part
from personal liability in respect of the surcharge, and the
decision of the Court or the Governor in Council shall be final.
(iii) Any application for relief under this sub-section shall be
made within fourteen days of the person being notified of the
surcharge, or within such further period as the Court or the
Governor in Council, as the case may be, may allow.
(4) (i) When the Court, or Governor in Council acting under
the powers conferred by sub-section 2 (ii) of this section, confirms
or varies the decision of the Auditor, or where no appeal or
application has been made in accordance with the immediately
preceding sub-sections against the amount surcharged by the
Auditor, and the amount surcharged or the amount surcharged
as varied, or any amount of which a person surcharged is not
relieved in accordance with sub-section 3 (ii) of this section, is
not made good to the Council, to the satisfaction of the Auditor
within fourteen days of the decision of the Court or Governor
in Council as the case may be, or, where no appeal or application
as aforesaid has been made, within fourteen days of the date of
the surcharge by the Auditor, the amount shall, on complaint
made, or action taken by the Town Clerk in the name and on
behalf of the Council, be recoverable either summarily or
otherwise, as a civil debt.
(ii) In any proceedings for the recovery of such an amount, a
certificate signed by the Auditor shall be conclusive evidence
of the facts certified, and a certificate signed by the Treasurer
that the amount certified to be due has not been paid to him
shall be conclusive evidence of non-payment, unless it is proved
· that the amount certified to be due has been paid since the date
of the certificate.
Unless the contrary is proved, a certificate purporting to be
signed by the Auditor or the Treasurer shall be deemed to have
been signed by the Auditor or Treasurer, as the case may be.
----------PART x.-POWERS AND DUTIES OF THE CoRPORATION.
61 Within the City the Corporation shall have and exercise
all the rights, pow~rs and duties conf~rred or imposed upon the
Corporation by thiS or any other Ordrnance.
62. (1) The Governor in Council may by order direct that
the Corporation shall be the authority for giving effect within
the City to any specified provisions of such 9rdinances as may
be mentioned m the order and the CorporatiOn shall thereupon
have and exercise all the rights, powers and duties conferred or
imposed upon the_ Governor or any officer or authori~y by su~h
provisions (exclusiVe of the powers of the Governor m Counml)
subject to such limitations and restrictions as may be set out
in the order.
Powers and
duties of
may be given
authority
to exercise
powers of
specified
Ordinances.
(2) The Corporation may exercise any powers and may Transfer to
perform any duties for the time being vested in or imposed upon of powers
any Government officer which the Governor may by order aGnd duties of
. overnment
declare to be transferred to the Corporatwn. officers.
63. (1) On or before the 31st day of August in each financial ~n~ual
year, the Council shall prepare estimates of the anticipated stimates.
revenue from all sources, and of the sums required to meet the
expenses, during the following financial year.
I h · t d ld h · b Provision of(2) n case t e est1ma e revenue wou ot erwiSe e rate in
insufficient to meet the estimated expenditure, it shall be lawful Estimates.
for the Council to provide in the estimates for the imposition
of a rate in accordance with the provisions in that behalf
contained in Part XIV.
(3) A certified copy of the Estimates shall forthwith be sent
to the Minister for the information of the Governor.
Certified copy
of Estimates
to be sent to
Minister for
information
of Governor.
(4) The approved estimates shall be open to inspection by Estimates to
h . . be cpen for
any person w ose name appears m the register of voters at inspection.
the office of the Town Clerk.
64. (I) It shall be the duty of the Corporation-
(a) to keep all roads, streets, lanes, squares and public
places well and sufficiently lighted;
(b) to provide public markets, slaughter-houses and all such
matters and things as may be necessary for the convenient
use of such markets and slaughterhouses, and to regulate the
same:
Duties of
Acts lawful
for Council
to perform.
Cap. 69.
Cap. 105.
Provided always that the Corporation shall not open any
such market or slaughterhouse to the public until it has been
appointed by the Governor in Council to be a public market
* or slaughterhouse under the provisions of the Public Health
Ordinance, and shall close any such market or slaughterhouse
whenever it is ordered by the Governor in Council to be closed
under the provisions of the aforesaid Ordinance.
(2) It shall also be the duty of the Corporation to provide
for the cleansing of all roads, streets, lanes, squares and public
places and for the disposal of refuse:
Provided that these duties shall not be undertaken by the
Corporation until such date as may be fixed by the Governor by
notice in the Gazette after consultation with the Council.
65. It shall be lawful for the Corporation-
(a) to impose and take stallages, rents and tolls in respect
of the use by any person of any market or slaughterhouse
belonging to or provided by the Corporation;
(b) to issue licences under Part XII of this Ordinance;
(c) to provide, establish, lay out, plant, improve, maintain
and regulate parks, gardens and other places of resort or
recreation in the City for the use of the public;
(d) to cause the names of all public roads, streets, lanes and
squares to be affixed therein and to cause the houses in such
public roads, streets, lanes and squares to be numbered;
(e) to plant and maintain trees along the sides of any public
road, street, lane or square and to erect guards to protect
such trees:
Provided that the streets, lanes or squares shall not be
unduly obstructed thereby;
(f) to recover in its capacity of Water Authority for the
City within the meaning of the Freetown Waterworks
Ordinance, water rates imposed and assessed under the said
Ordinance in the same manner as it recovers the City rate
imposed by this Ordinance and the provisions of this
Ordinance with regard to the recovery of the City rate shall
apply to the recovery of such water rates accordingly;
(g) to provide and maintain schools and educational
facilities within the City subject to the provisions of the
Education Ordinance;
(h) to establish, maintain and carry on libraries and
museums, grazing grounds, cattle corrals and car parks;
*The Public Health Ordinance was Chapter 190 of the 1946 edition. It has been
omitted from this edition, because it is to be repealed and replaced.
(i) to u!ld~rtake, .maintain a~d carry on public transport
services w1thm or Without the City;
(j) with the consent of the Governor to engage in the
purc~a~e, distribution and sale of any commodity in the
pubhc mterest;
(k) (I) subject to the consent of the Governor in Council,
and to the provisions of the Town and Country Planning
Ordinance, to-
(i) lay out building plots upon or otherwise sub-divide
any land the property of the Council for the purpose of
housing schemes for inhabitants of the City or for the
purpose of factory, industrial business or workshop sites;
(ii) to erect and maintain dwelling houses with their
appurtenant outbuildings on plots or sub-divisions of land
referred to in sub-paragraph (i) above;
(iii) to convert buildings into dwelling houses and to
alter, enlarge, repair and improve the same; and
(2) subject to the provisions of section 69 to sell, let or
otherwise dispose of any such plots or sub-divisions of land
and the buildings, if any, thereon;
(l) to provide for the relief of the poor;
(m) to maintain and operate a Fire Brigade;
(n) to provide and regulate the use of public cemeteries in
the City and notwithstanding anything contained in the
Public Health Ordinance, to close any such public cemeteries
in accordance with bye-laws made under this Ordinance.
(o) to undertake with the approval of the Governor all
other matters and services as the Council may consider
necessa!y for or conducive to public safety, health or
convemence.
66. (I) The Corporation may from time to time make under
the corporate seal such bye-laws as to them seem meet for the
proper carrying out and enforcing of the provisions of this
Ordinance, including provision for the issue of licences and
permits and the payment of fees therefor .
. Such bye-laws may impose a fine not exceeding ten pounds or
In default of payment imprisonment not exceeding two months
for ~he. breach of any such bye-laws, and in the case of a
contmumg offence, a further penalty not exceeding one pound
for each day after written notice of the offence has been served
on the offender.
-------------------------------------------------* See footnote to section 64.
I2 of I949.
Cap. 81.
*
to make
bye-lawR.
Governor's
approval of
bye-laws.
Police not to
be affected.
Property
vested in
may acquire
property.
Compulsory
acquisition
of land.
Cap. 116.
(2) With regard to such bye-laws the following provisiOns
shall apply-
(a) The Corporation shall not make a bye-law until the
expiration of thirty days after a notice of the Corporation's
intention to make the same shall have been published in the
Gazette; and
(b) A bye-law made by the Corporation shall not come into
force unless and until it is approved by the Governor in
Council and subsequently published in the Gazette.
(3) Any offence against such a bye-law may be prosecuted
summarily.
67. Nothing hereinabove in this part contained shall operate
to affect, alter, or derogate from, the ordinary or special
statutory or other lawful powers and functions of the police,
whether exercisable under the provisions of any Ordinance to
which the Corporation is authorised under section 62 to give
effect, or otherwise.
pART XI.-CORPORATE PROPERTY AND CONTRACTS.
68. The property mentioned in the Second Schedule hereto
with the appurtenances thereto is hereby declared to be vested
in the Corporation.
69. The Corporation may acquire such movable and immovable property as may be necessary or expedient for
carrying into effect the provisions of this or any other Ordinance
applicable to the town; but the Corporation shall not sell,
mortgage, lease or otherwise alienate or dispose of any
immovable property so acquired without the previous written
consent of the Governor in Council.
70. When there is any hindrance to the acquisition by
purchase of any land or building required for carrying into
effect the provisions of this or any other Ordinance applicable
to the City, the Governor in Council upon the application of the
Corporation and after such enquiry as he may think proper may
declare that the land or building is required for a public purpose;
and he may direct that proceedings be taken under the provisions of the Public Lands Ordinance, for acquiring the same
for the Government, and for determining the compensation to
be paid to the parties interested. The Governor rna y then vest
such land or building in the Council by means of a certificate
under his hand and the Public Seal of the Colony to the effect
that the same has been made over to the Corporation. The
l"'\::{':'''''''','' ~~"-.~
______________F__re_e_to_w_n__Af__u_n_i_c_ip_a_l_it_y___________[C_a_p_.__6_5_______6__~.:~~~
ornpensation for such acquisition, if any, shall in the first
?nstance be paid by the Government; but the Corporation shall1 efund to the Government any compensation so paid and all
~:xpenses incidental to such acquisition incurred by the
Government.
71. (1) The Corporation may, with the previous written
consent of the Governor in Council, borrow at interest on ~he
security of any corporate land or any funds of the CorporatiOn
or the City rate or of all or any such securities, such moneys as
the Corporation may from time to time think necessary or
expedient for carrying into effect the provisions of this or any
other Ordinance applicable to the town.
(2) The Corporation may invest funds of the Corporation in
such stocks as may be approved by the Secretary of State for
the investment of Colonial Funds and in such other manner and
to such extent as the Governor in Council may from time to
time approve.
72. (1) Where the Governor in Council approves a mortgage
or charge he may, as a condition of his approval, require that
the money borrowed on the security of the mortgage or charge
be repaid, with all inter~st thereon, in thirty years, or any less
period, and either by instalments or by means of a sinking
fund, or both.
(2) In that case the sums required for providing for the
repayment of the principal and interest of the money borrowed
shall be, by virtue of this Ordinance, a charge on all or any of
the following securities, namely, the land comprised in the
mortgage (without prejudice to the security thereby created),
or any such other corporate land or moneys or the City rate, or
of any part thereof respectively, as the Governor in Council
may direct.
73. Where money borrowed is directed to be repaid by means
of a sinking fund, the Corporation shall, out of the rents and
profits of the land on which, or out of the revenue of Corporation
or the City rate on which the sums required for the sinking fund
a!e charged under this Ordinance, invest such sums at such
t1.mes and in such manner as the Governor in Council rna y
direct, and may from time to time, with the like direction, alter
or change any such investment.
Borrowing at
interest.
Investment
of funds.
Governor in
Council to
impose conditions as to
repayment
of money
borrowed.
Provisions as
to sinking
fund.
74. Where purchase money or compensation has been paid in Provisi,on~
respect of land or any interest therein purchased or taken from ~~r~~~~~c~~g
the Corporation or in respect of permanent damage to land of compensation
' money.
Inve~tment
of proceeds
of sale or
exchange.
may enter
into
contracts.
Provisions as
to contracts
by Corpora·
tion.
Use of
corporate
seal.
the Corporation, and the Governor shall approve of the payment of the money or compensation to the Corporation, the
Governor may, as a condition of his approval, require provision
to be made for investing a sum equivalent to the amount of
money so paid.
75. Where the Governor in Council approves of the sale or
exchange of any corporate land, or of any interest therein, such
approval may be subject to such conditions as he thinks fit in
relation to the investment for the benefit of the Corporation of
the money arising from the sale or exchange.
76. The Corporation may enter into such contracts as may
be necessary or expedient for carrying into effect the provisions
of this or any other Ordinance applicable to the City.
77. With respect to contracts made by the Corporation under
this Ordinance, the following provisions shall be observed,
namely-
(1) Every contract made by the Corporation, whereof the
value or amount exceeds one hundred pounds, shall be in
writing and sealed with the corporate seal.
(2) Every such contract shall specify the work, materials,
matters or things to be furnished, had or done, the price to
be paid, and the time or times within which the contract is
to be performed, and shall specify some pecuniary penalty to
be paid in case the terms of the .contract are not duly performed.
(3) Before contracting for the execution of any works
under the provisions of this Ordinance, the Council shall
obtain an estimate in writing of the probable expense of
executing the work in a substantial manner.
(4) Before any contract of which the value or amount
exceeds twenty-five pounds is entered into by the Corporation, public notice shall be given describing the nature and
purpose thereof and inviting tenders for the execution of the
works so described and the Corporation shall require and take
sufficient security for the due performance of the contract.
Such public notice shall, where the contract exceeds one
hundred pounds in value or amount, specify a period of not
less than two weeks during which tenders may be made.
78. The corporate seal shall not be used or affixed to any
document except in pursuance of a resolution in that behalf
sed at a duly constituted meeting of the Council and recorded
pas . t
in the mmu es.
PART XII.-MUNICIPAL LICENCES.
79. (1) It shall be unlawful for any person to exercise, carry
or practise in the City any of the trades, businesses or prof~sions set forth in the first part of the Third Schedule without
heaving :first taken out a licence for that purpose.
(2) Every owner of any vehicle mentioned in the second part
of the Third .Schedule, who shall e~ther reside in the .City or
therein exercise, carry on or practi~e a~y trade, b.usmess ?r
profession or shall use any .such vehicle many pubhc place m
the City, shall take out a hcen~e for such vehicle, and pay f?r
such licence the fee set forth m the second part of the said
schedule:
Provided that it shall not be necessary for licences to be
taken out for any vehicle belonging to the Imperial or Colonial
Government or to a foreign state for the use of a consular
establishment where the Governor certifies that reciproeal
privileges are enjoyed by British consular establishments in the
territories of such foreign state.
(3) All vehicles mentioned in the second part of the Third
Schedule, shall be numbered; excepting, subject to any bye-law,
vehicles used primarily in the course of trade or husbandry.
Such number shall be attached to, or marked on, a vehicle in
such manner as to be readily visible.
(4) It shall be unlawful for any person to do in the City any
of the acts or things mentioned in the third part of the Third
Schedule without having first taken out a licence for that
purpose and paid for such licence the fees set forth in the third
part of the Third Schedule.
(5) Every licence taken out under this section shall be subject
to the conditions and restrictions imposed by any bye-laws
ll_lade in respect thereof, and also to any conditions or restrictiOns which are authorised by any such bye-laws and are specified
o~ .the licence. Any person failing to comply with any conditiOn or restriction so imposed or specified shall be guilty of an
offence against this Ordinance.
80. (1) Such licences may be obtained on application to the
Treasurer at the Municipal offices, and he is hereby authorised
and ~mpowered to grant the same upon payment of the fee
Inentioned in this part and in the Third Schedule.
Licences for
vehicles.
Marking of
vehieles.
Licences for
entertainments.
Licences
subject to
bye-laws and
conditions.
T •
.uicences
obtainable
from
Treasurer.
Duration of
licences.
Hawkers and
pedlars.
Application
of licence
fees.
Penalties.
(2) Licences granted under this part shall be yearly, halfyearly and quarterly, and every such licence shall bear the date
of, and commence on, the day of its being granted, and shall
expire in the case of-
(a) a yearly licence, on the thirty-first of December in each
year;
_(b) a half-yearly licence, on the thirtieth of June or the
thirty-first of December in each year;
(c) a quarterly licence, on the thirty-first of March, thirtieth
of June, thirtieth of September or thirty-first of December in
each year:
Provided that a licence for a bicycle or tricycle shall be a
yearly licence.
(3) Every hawker or pedlar of manufactured goods shall, in
addition to his licence, be supplied with a parchment which shall
bear the name of the licensee, the number of his licence and
the dates of issue and expiration of the same, and he shall be
required to carry about such parchment with him and to produce
the same when demanded by an Inspector of Licences or any
member of the Police Force; and if he shall fail to produce such
parchment the wares of such licensee shall be detained until
he shall either give his full name and address or produce his
licence or parchment. Any person giving a false name or
address shall, in addition to any penalty which he may incur
under this part, be liable on summary conviction to a fine not
exceeding one pound; and it shall be lawful for the Council to
cause any wares so detained to be sold unless they are claimed
and taken away by the owner thereof within seven days after
such detention; and all expenses of the Council, for or incident
to, the detention or selling of any such wares shall be repaid to
it by the owner and be recoverable as damages or be deducted
from the proceeds of the sale of any such wares.
81. The fees paid for such licences shall be received and held
for the use of the Corporation.
82. (1) Any person exercising, carrying on, or practising any
trade, business or profession mentioned in the first part of the
Third Schedule, or being the owner or person making use in any
public place in the City of any vehicle mentioned in the second
part of the said schedule or doing any of the acts or things
mentioned in the third part of the said schedule, who shall upoll
demand being made by any member of the Police Force or allY
Inspector of Licences of the Council, refuse or fail without
sonable cause to produce and show his licence for exercising,
re~rying on or practising any such trade, business or profession,
ca for such vehicle, or for doing any such acts or things, shall
fe liable on summary conviction to a fine not exceeding five
pounds.
(2) Every person committing any breach of the provisions
ontained in this part shall for every such offence be liable, on
cununary conviction thereof, to a fine not exceeding fifty pounds,8 nd in default of payment to imprisonment, without hard
iabour, for any period not exceeding six months.
(3) Any person who shall let out, hire or lend his licence, or
who not having taken out a ~ice:r.tee under this p~rt shall pro~uce,
exhibit or use any paper with mtent to cause It to be beheved
that he has duly taken out a licence as aforesaid, shall for every
such offence be liable on summary conviction thereof to a fine
not exceeding twenty pounds, and in default of payment to
i:rnpris<;>nmemt, with or without hard labour, for any period not
exceedmg three months:
Provided that it shall be lawful for the Council to grant to
any person such number of pedlars' licences and parchments as
it :may think fit, and such person may, while such licences are
in force, transfer the same from and to any other person in his
employ.
Any person to whom such licence is transferred shall be
deemed to be a licensee during such time as he holds such
licence, and shall be subject to all the provisions of section 80 (3).
PART XIII.-REVENUE oF THE CoRPORATION.
83. The revenue of the Corporation shall be paid to the Revenue of
T the Council.
reasurer and shall consist of the following moneys-
(1) all fees received for the inspection, and all moneys
received for the sale, of any lists, books, accounts or documents
in the custody of the Town Clerk;
(2) all fees for licences issued in the City under Part XII
of this Ordinance;
(3) all fines, penalties, costs and amounts recovered in
respect of any prosecution or action under this Ordinance or
under any of the bye-laws thereunder, unless by law directed
to be otherwise disposed of;
. (4) the rents and profits of all corporate lands, and the
Interest, dividends and annual proceeds of all money dues,
chattels and valuable securities belonging to the Corporation
or to any member or officer thereof in his corporate capacity;
S.L.-VoL. II--4
Application
of revenue.
34 of 1954.
Cap. 71.
Appointment
of Government officer
to an office
under the
{5) all rates, if any, levied under the provisions of this
Ordinance;
(6) all amounts paid to the Corporation by the Government
whether as a grant-in-aid or endowment or otherwise;
{7) any rents, forfeitures, receipts or proceeds lawfully
derived by the Corporation from any other source whatever
not in this section specifically mentioned.
84. The revenue of the Corporation shall be paid into a fund
known as the City Fund and shall be applicable to and charged
with the following payments-
{1) the remuneration of officers and employees of the
Corporation and the expenses incurred in respect of procuring, furnishing, equipping and maintaining of suitable offices
for officers of the Corporation;
{2) (a) the amounts from time to time due to be paid to
the Superannuation Fund in terms of the provisions of the
Freetown Municipality Officers' Superannuation Ordinance;
(b) the gratuities which have been awarded under the
provisions of the Freetown Municipality Officers' Superannuation Ordinance;
(3) expenses incurred in providing such entertainment as
the Council may consider incumbent on the Corporation;
{4) contributions by way of endowment or otherwise to
charitable or philanthropic institutions which are established
in the City and provide for the welfare of the people thereof;
{5) expenses incurred in connection with the travelling of
any Alderman or Councillor when acting as representative of
the Council;
{6) all expenses properly incurred by the Corporation in
carrying this Ordinance into effect;
{7) all other payments legally due and owing by the
85. The Governor may, subject to such conditions as he may
impose, approve of the appointment of any officer in the service
of the Government of Sierra Leone to any office under the
Corporation:
Provided that, as respects pension and other rights as an
officer of the Government, such officer shall be deemed to be in
the service of the Government whilst so employed:
p ovided further that, whenever any pension, gratuity, or
t" ~ng allowance, is granted to any such officer, the Corporar~ IT shall if so required, pay to the Government an annual or
twn su~ as the case may be, which shall bear the same prolurnBon to' such pension, gratuity, or retiring allowance, as the
poriod during which such officer has been in the employment of
f~~ Corporation bears to his total pensionable service under the
Government.
86. No payment shall be made o~t of the funds ?f the ~~~:e~: of
Corporation except under the authonty of the Council, and money.
very payment exceeding ten pounds shall be made by cheque
:igned by the Treasurer and countersigned by the Town Clerk.
87. All moneys belonging to the Corporation shall be paid Moneys to be
paid into a
into such Bank as the Council may from time to time appoint, Bank.
and no money shall be withdrawn from such Bank except by
cheque signed by the Treasurer and countersigned by the
Town Clerk.
88. (1) It shall be lawful for the Governor in Council from g~;~~ilor in
time to time on the application of the Council, supported by a empowered
ma. ]. ority of not less than six of its members of whom the Mayor to authorise
• k d h . l the writing
shall be one, to rna e an or er aut orismg a l arrears of rates off of irreand other moneys due to the City Fund under and by virtue of coverable~
. 0 d" d h F W k 0 d" arrears ott}llS r mance an t e reetown aterwor S r Inance, Or revenue.
any part of such arrears, to be written off as irrecoverable debts cap. 69.
in regard to which no further proceedings need be taken.
(2) The Governor in Council may make an order in respect of
the whole or any part of the arrears specified in the application
of the Council.
(3} This section shall apply to all arrears of rates and other
moneys due to the City Fund under and by virtue of the
Freetown Municipality Ordinance, 1927, in the same manner
~nd to the same extent as it applies to the arrears mentioned
lll sub-section (1).
PART XIV.-THE CITY RATE.
89. (I) The rate provided for in the Estimates shall be a rate The City
or rates at a uniform amount per pound on the assessed annual rate.
value of assessed premises and rna y be-
(a) a single rate in respect of all assessed premises, or
(b) different rates in respect of assessed prmnises which are
of different classes or are situated in different localities in the
City.
S.L.-VoL. II-4*
Payment, of
City rate.
Notic6 of
intention to
impose and
imposition of
City rate.
12 of 1949.
Rate Book.
City rate to
be a charge
on premises.
Levy on
owner's goods
on non-payment of City
rate.
Poundage.
Cap. 65] Freetown 111unicipality
(2) The rate or rates provided for in the approved estimates
(to be called the City Rate) shall be imposed and levied by the
Corporation and shall be payable to the Treasurer on or before
the 31st day of January following the date on which the estimates providing for the rate are approved, or such later date as
the Council may by notice declare.
90. The Council shall give at least one week's public notice
of its intention to insert provision for a City rate in the Estimates, and shall within fourteen days after the insertion in such
Estimates of a City rate give further public notice thereof:
Provided that in any proceedings to levy or recover any rate,
it shall not be necessary to prove that any such notice was given,
and failure to give any such notice shall not affect the tight to
levy or recover any rate.
91. The Town Clerk shall keep a Rate Book in the form
prescribed in the Fourth Schedule hereto. Such Rate Book
shall be kept at the office of the Town Clerk and shall be open
to public inspection.
92. The amount of the City rate due in respect of any
premises together with poundage and levy expenses (if any)
shall until paid be a charge on such premises, and such charge
shall have priority over all other claims against such premises
except claims of the Crown.
93. If any owner liable to the City rate under this Ordinance,
or his agent appointed under the provisions of section 100 shall
refuse or neglect to pay the same at the time and in the manner
hereinbefore appointed for the payment thereof, the Mayor is
hereby empowered to issue a warrant under his hand and the
seal of the Corporation directed to the City Bailiff requiring and
commanding him to levy the rate on the goods and chattels of
such defaulting owner, and the City Bailiff to whom such
warrant shall be directed is hereby empowered and required to
execute the said warrant and to make a return thereto within
thirty days after the date thereof.
94. (l) The City Bailiff shall be entitled to a poundage of
two shillings for every twenty shillings or any part thereof
levied by virtue of any warrant directed to him by the Mayor,
and the same is hereby made chargeable upon the personal and
real estate so levied upon. All such poundage fees shall be
paid to the Treasurer and form part of the City rate.
(Z) All goods and chattels, which shall be levied upon by the
c·t Bailiff as aforesaid by virtue of any warrant from the
, ,1/ or, shall be sold by him by J.?Ublic aucti.on to the highest
~d~er within ten days after the ~1me of levymg the same, ~nd
t~e City Bailiff shall cause such mtended sale to be advertised
t least five days before the sale, and the sum or sums of money
a ·sing from such sale the City Bailiff shall apply to the payment
a~l the rate and poundage imposed by this Ordinance, and all
~harges attending such levy and sale, an~ shall return the
surplus (if any) to the person or persons entitled thereto.
95. (1) If the City
1. B~ilbiff acting 1
as afo_;esai~dfi~d~ noffig~ods, ;'a?e~~;t of
r if the amount rea 1sect y any sa e as a1oresa1 IS msu Clent, occupier.
~he Mayor is hereby empowered to auth?rise the City B.ail~ff 4 of 1948.
in writing to demand from the occupier payment withm
fourteen days of any amount owing, less any poundage or other
costs of levy upon the goods of the ow~er, and if at .the end of
such period of fourteen days as aforesaid, the occupier has not
paid such amount, the City Bailiff is hereby authorised to
direct payment to the said City Bailiff by the said occupier of
any rent due or accruing due to the owner, to the extent of the
amount due to the Corporation in respect of the City rate, and
every such payment shall be a valid discharge to the occupier
of the rent to the extent of the amount so paid.
{2) If an occupier shall refuse or neglect to pay the rent to
the City Bailiff when so required, it shall be lawful for the City
Bailiff to sue the occupier for the amount of the City rate, or so
much thereof as remains unpaid, in any court of competent
jurisdiction, and if judgment is obtained and such judgment is
not satisfied within a time to be specified by the court, the
amount shall be recoverable by distress levied on the goods and
chattels of the occupier.
{3) Any occupier may deduct any amount paid by him under
any judgment as aforesaid before payment of rent to the owner
and should a levy have been made on the goods and chattels
of the occupier he may also deduct from such rent the costs of
such levy.
{4) Where there is an existing contract, verbal or written,
between the owner and the occupier that the occupier shall pay
the rate, and the owner becomes liable for payment thereof
uhnder the provisions of this Ordinance, it shall be lawful for
t e owner to increase the rent by the amount for which he has
so become liable, or, if he think~ fit, to sue the occupier or his
executors, administrators or assigns for the same.
Levy on
lands and
pren1ises on
non-payment
after two
yef!....rs.
Cap. 256.
Mayor may
issue one
warrant for
each ward.
Warrant to
be signed
and sealed.
Absentee
owner to
appoint
agent for
payment of
rate.
Unoccupied
premises.
96. If the remedies hereinbefore provided against owners and
occupiers have failed to realise the amounts due after also
taking into account the net amounts, if any, which have been
realised by proceedings, if any, against the occupier as aforesaid,
and the amounts due shall still remain unpaid two years after
the date on which they became payable under section 89,
it shall be lawful for the Mayor to issue a warrant under his
hand and the seal of the Corporation in the manner hereinbefore directed, requiring and commanding the City Bailiff to
levy the said rates upon the lands, tenements, rents and
annuities of such persons, and the lands, tenements, rents and
annuities to sell by public auction as hereinbefore directed in
the case of goods and chattels, giving thirty days' notice of
every such intended sale; and a deed of conveyance executed
by the City Bailiff in pursuance of any such sale shall, upon
being duly registered under the provisions of the Registration
of Instruments Ordinance, confer upon the purchaser as good
a title to the lands and tenements sold as the owner could
lawfully convey:
Provided that the Mayor may, at any time before the sale of
any lands, tenements, rents and annuities so advertised for
sale as aforesaid, postpone the sale thereof either generally or
to some specified day.
97. It shall be lawful for the Mayor, whenever he shall deem
it expedient, in lieu of issuing separate warrants in respect of
each defaulter, to issue under his hand and the seal of the
Corporation one warrant for each ward of the City respectively,
and to annex or subjoin to each such warrant a schedule of the
names of the defaulters in the ward for which it is issued, and
such warrant shall be taken to apply in respect of each of the
defaulters named in the schedule annexed or subjoined thereto.
98. Warrants by the Mayor in respect of any rate shall be
signed by him and sealed with the corporate seal.
99. Any owner of premises in respect of which the City rate
is payable by him shall, if he intends to be absent from
Freetown, appoint some person to be his agent for the payment
of the City rate, and shall notify the Town Clerk in writing of
such appointment.
100. Where it is shown to the satisfaction of the Assessment
Committee that any building or any part thereof which has
been included in any assessed premises has been unoccupied for
·iod of not less than six months in any financial year and
a:~ 1
notice thereof has been given as required by section IOI,
\a Assessment Committee shall, on the application of the
t eson who has paid the amount of the City rate payable in
perpect of such premises, order to be refunded to that person
re~h proportion of the amount paid as the Assessment
C~mmittee may deem fit having regard to all the circumstances.
101. (I) It shall be the duty of the owner of any assessed
remises to notify in writing the Town Clerk within twenty-one
~ays that a~y building t~er~on, if previ?usly unocc~pied, is
occupied or 1~ any such bmldmg was previOusly occupwd, that
it is unoccupied.
(2) Any owner of assessed premises who, having given notice
of non-occupation of any building thereon, fails to give notice
of re-occupation as required by sub-section (I) shall be guilty
of an offence.
102. ~"'here it is shown to the satisfaction of the Assessment
Committee that any building or any part thereof on any assessed
premises has been demolished or removed during any financial
year, the Assessment Committee shall, on the application of the
person who has paid the amount of the City rate payable in
respect of such premises, order to be refunded to that person
such proportion of the amount paid as the Assessment
Committee may deem fit having regard to all the circumstances:
Provided that, in the case of a demolition or removal
otherwise than by order of the Council or under section 28 of the
Freetown Improvement Ordinance, the owner of such premises
has within fourteen days of such demolition or removal given
notice in writing thereof to the Assessment Committee.
Notice of
non-occupation andreoccupation.
Premises
demolished
or removed.
Cap. 66.
~03. (I) No rates shall be payable in
whwh belong to or are held in trust for- respect of premises Premises
exempt from
rates.
(a) the Corporation, or
(b) the Imperial or Colonial Government and are either
unoccupied or are occupied by the Imperial or Colonial
Government or by some person in the employ of either of such
Governments.
(2) Rates shall be payable on all premises which belong to
or are held in trust for the Imperial or Colonial Governments
aP.d are occupied by some person not in the employ of either of
such Governments: ·
8 of 1950.
Agreement
between
landlord and
tenant.
Provided that when such premises are so occupied for only
part of a year, the amount payable in respect of rates shall be
proportionately reduced.
(3) No rates shall be payable in respect of premises which
belong to or are occupied by a foreign state for any of the
following purposes, that is to say,
(a) a consular office, or
(b) a residence for a consular officer or employee, or
(c) any other purpose, to which the Governor does not
object, arising out of the operation of the consular establishment of such foreign state:
Provided that this sub-section shall only apply where the
Governor certifies that reciprocal privileges are enjoyed by
British consular establishments in the territories of such foreign
state.
104. Nothing in this part contained shall be deemed to affect
any agreement between landlord and tenant with respect to the
payment of the City rate, and no such agreement between
landlord and tenant shall derogate from the provisions of this
part with respect to the enforcement of the City rate.
Exemption 105. Notwithstanding anything in this Ordinance contained,from payment of City the Council may, if satisfied by any applicant by evidence on
rate owing to oath that on the ground of poverty it is desirable so to do,poverty. exempt from payment of the City rate any premises liable for
Appearance
of Corporation in legal
proceedings.
Form of title
deeds.
payment of the same, or reduce the amount for which the
premises are liable for such rates.
PART XV.-MISCELLANEOUS.
106. (1) The Corporation may appear in any legal proceedings
by the Town Clerk or by an officer of the Council authorised
generally or in respect of any particular proceeding by resolution
of the Council; and the Town Clerk, or any officer so authorised
as aforesaid, shall be at liberty to institute and carry on any
proceeding which the Corporation is authorised to institute and
carry on under this or any other Ordinance, subject always to
any directions which may be given him by the Council.
(2) Service on the Corporation of all legal processes and
notices shall be effected by service on the Town Clerk.
107. The title to all lands acquired or leased by the Corporation shall be taken in the corporate name of the Corporation;
and all deeds and contracts requiring to be executed by the
oration, shall be executed in the corporate name of the
gor~oration and shall be signed and sealed with the corporate
8 :~ by the Mayor and shall also be signed by the Town Clerk.
108. In any prosecution or other legal proceeding under the Proof in legal
proceedings.
ovisions of this or any Ordinance instituted by or under the
a~ection of the Council, no proof shall be required-
(a) of the persons constituting the Council; or
(b) of any order to prosecute or of any particular or general
authorisation under section 106 of the Town Clerk or other
officer of the Council; or
(c) of the appointment or authority of the Town Clerk or
other officer of the Council to prosecute; or
(d) of the presence of a quorum of the Council at the
making of any order or the doing of any act,
until evidence is given to the contrary.
109. All documents executed in accordance with the pro- tDo 1cume~ts
. d ll h d . b o e pr~1na
visions of sectwn I 07 an a ot er ocuments purportmg to e facie
issued or written by or under the directions of the Council and
purporting to be signed by the Mayor, Town Clerk, or other
officer of the Council, shall be received as prima facie evidence
in all Courts and shall be deemed to be executed, issued or
written by or under the direction of the Council without proof,
unless the contrary is alleged.
evidence.
110. Whenever in any criminal process or proceeding it may Dfescriptiotn f
b .l' h h" d . . f o proper yo
e necessary to re1er to t e owners 1p or escnptwn o Corporation.
property belonging to or under the management or superintendence of the Corporation, such property may be described
as the property of the Corporation. .
111. Save as in this Ordinance otherwise expressly provided,
th~ pub~ication of any notice or other document required by
~h~s 9rdmance to be published shall be deemed to be duly made
If It Is fixed in some conspicuous place on or near the outer door
of the office of the Town Clerk during office hours, and also in
some other conspicuous place or situation in the town.
Publication
of notices.
112. Notices, orders, and any other documents required or Seryice of
~u{.hor~sed to be served under this Ordinance may be served by notices.
thJvermg the same to or at the residence of the person to whom
ey are respectively addressed, or, where addressed to the
O\V~e!-' or occupier of any premises, by delivering the same, or a
cer Ihed true copy thereof, to some person on the premises, or,
Hindering
publication
of notices,
etc.
Inspection of
documents.
Obstruction,
etc., of
inspection.
Obstruction
of execution
of Ordinance.
Entry on
premises for
purpose of
Ordinance.
if there is no person on the premises who can be served, by fixing
the same on some conspicuous part of the premises. The same
may also be served by post by a prepaid registered letter; and
if so served, they shall be deemed to have been served at the
time of posting. In proving service by post, it shall be sufficient
to prove that the notice, order or other document was properly
addressed and posted.
113. Every person who wilfully destroys, mutilates, effaces or
removes any notice, list, register or other document, affixed to
any premises under the provisions of this Ordinance, during the
period during which the same ought to or is hereinbefore
required to remain so affixed shall be guilty of an offence.
114. A document directed by this Ordinance to be open to
inspection shall be so open during the ordinary office hours, and
without payment, unless otherwise provided.
115. If a person having the custody of any register or
document in this Ordinance mentioned-
(!) obstructs any person authorised to inspect the same in
making such inspection thereof; or
(2) refuses to give copies or extracts to any person entitled
to obtain the same,
he shall be guilty of an offence.
116. (1) \\There the occupier of any premises prevents the
owner thereof from obeying or carrying into effect any provision
of this Ordinance, and is required by notice in writing to
permit the execution of any works required to be executed
for the purpose of obeying or carrying into effect the provisions
of this Ordinance, then, if, within twenty-four hours after
service of the written notice, such occupier fails to comply
therewith, he shall be liable on summary conviction to a fine
of five pounds for every day during the continuance of such
non-compliance.
(2) If the occupier of any premises, when requested by or on
behalf of the Council to state the name and address of the
owner of the premises occupied by him, refuses or wilfully
omits to disclose, or wilfully misstates the same, he shall be
guilty of an offence.
117. The officers of the Council and such other persons, as
shall be duly authorised by the Council, shall have power to
enter, examine, or lay open any lands or premises for any of
h purposes of this Ordinance or of any Ordinance to which
!he Corporation is authorised to give effect under section 62;
ed the owner or the occupier of such lands or premises who
an · · · h b dfuses after wntten notiCe to permit t e same to e entere
re on examined or laid open for the purposes aforesaid shall be
up ' .re
guilty of an ouence.
118. Where, under this Ordinance, a declaration or oath is
uired to be made or taken by the holder of any office or
r~~er person before the Council, or any committee or any0
erson such Counci~, ?ommittee or pe~son, shall have a?-t~ority
fo receive and admimst~r the .same without any commissiOn or
authority other than this Ordmance.
Power to
administer
oaths, etc.
119. No matter or thing done and no contract entered into Protection of
by the Council, and no matter or thing done by any member tcho~nciffiland
'l h h . mr o. cers
or officer of the CounCI or ot er person w omsoever actmg from
Un der the direction of the Council, shall, if the matter or thing P1.erhs.0
1!ltal
• 1a 11 y.
were done or contract were entered mto bona fide for the
purpose of executing this Ordinance, subject any member or
officer of the Council or any p'erson acting under the direction
of the Council personally to any action, liability, claim or
demand whatsoever.
120. (1) Where the Council intend to apply to the Governor Noti?e o_f
in Council for the approval of, or consent to, any sale, loan or ~~r:¥~~!~~~r
other financial arrangement under this Ordinance, notice of the in Council.
intention to make the application shall be published one month
at least before the application, and a copy of the intended
application shall, during that month, be kept in the Town
Clerk's office and be open to public inspection.
(2) If the Governor in Council either refuses the approval or
consent or grants it conditionally or under qualifications, notice
of the correspondence between the Governor and the Council
shall forthwith and during one month be published, and a copy
of the correspondence shall, during that month, be kept in the
Town Clerk's office, and be open to public inspection.
t~1. In addition to all other powers conferred by this Power to the
Ordmance, it shall be lawful for the Governor in Council after gz;~~~
~0in
consultation with the Council to revoke, amend, vary, or add v?'~Y proto an f th • • .(! • h h d l d VISIOllS of
.Y o e provisiOns or 10rms m t e sc e u es an to Schedules.
substitute other proYisions and forms therefor:
Provided that no such revocation amendment variation or 4 of I94S.
add'· . ' '
n' ItiOn shall have effect, until approved by resolution of the
ouse of Representatives.
General
penalty.
Further
general
election to
existing City
Council of
Freetown
prohibited.
Cessation of
application
of Ordinance
38 of 1927
and savings.
Cap. 55] Freetown Municipality
122. (1) Any person guilty of an offence against this Ordinance for which no special penalty is provided shall be liable on
summary conviction to a fine of ten pounds or in default of
payment, to imprisonment for two months.
(2) Where any holder of a licence issued under the provisions
of this Ordinance is convicted of an offence involving a breach
of the terms or conditions of his licence, the Court convicting
him may order that the licence be revoked, or suspended and
thereafter the Council may refuse the re-issue or renewal of
the licence.
123. Notwithstanding the proVisiOns of any law to the
contrary, no further general election of members of the City
Council of Freetown established under the Freetown Municipality Ordinance, 1927, shall take place after the date on which
this Ordinance shall come into force, and the persons who are
members of the Council on the coming into force of this
Ordinance shall hold their seats until the 1st day of November
immediately following.
124. From and after the 1st day of November immediately
following the date on which this Ordinance shall come into
force, the provisions of the Freetown Municipality Ordinance,
1927, as amended and modified from time to time, shall cease
to apply to the City:
Provided that-
(1) this declaration shall be without prejudice to anything
done or suffered or any right, privilege, obligation or liability
acquired, accrued or incurred under the said Ordinance and
any such right, privilege, obligation or liability acquired,
accrued or incurred by the City Council of Freetown established
under the Freetown Municipality Ordinance, 1927, may be
enforced or discharged by the Council established by this
Ordinance; _ '
(2) any person holding any office or appointment under or
with the City Council of Freetown (as established by the
Freetown Municipality Ordinance, 1927) on the 1st day of
November immediately following the date on which this
Ordinance shall come into force, shall continue in such office
or appointment as if he had been appointed by the Council
under this Ordinance; and
(3) all bye-laws and orders made by the City Council of
Freetown under the Freetown Municipality Ordinance, 1927,
with respect to the City and in force at the commencement
of this Ordinance shall b~ ~eemed to _have ~een made by the
Council under the provisiOns of this Ordmance and shall
remain in force until revoked, amended or replaced under the
provisions of this Ordinance.
125. Save as is expressly provided in this Ordinance, the
rovisions hereof shall not in any manner whatsoever affect
fhe rights of the Crown.

First Schedule.

PART I.
Section 19 (3).
VALUATION OF PREMISES.
1. (1) For the purpose of compiling the first Valuation List, the valuers
shall, before a day to be appointed by the Council, assess the annual value
of all premises assessable within the meaning of section 18 and shall prepare
and sign the first Valuation List in the form prescribed in the Fourth Schedule.
Thereafter they shall on or before the 1st day of June in every year assess
the annual value of such assessable premises, and prepare and sign a Valuation
List in the prescribed form.
(2) If the valuers are of opinion that the value of any premises shown
in the Valuation Roll in force at the time of assessment correctly shows the
annual value of such premises, they shall accept such valuation for the
purposes of the Valuation List then in course of preparation, but otherwise
shall revise such valuation and enter the revised valuation in such Valuation
List.
2. (1) The valuers may require any owner, occupier or mortgagee of
any premises to give his full name and address and to produce any rent book,
receipts for rents, lease, agreement or other document, and may require
such owner or the person in receipt of any rent thereof, or the person renting
such premises or part thereof, or the agent of such person to make a declaration
in writing in the form prescribed in the Fourth Schedule as to the amount of
yearly rent paid or payable for such premises, or to give any other information
which may be required for the purpose of duly making any Valuation List.
(2) Any person refusing or failing to produce any such book or document
or sign such declaration or to give such information or signing any such
declaration knowing the same to be false shall be liable to a :fine of twenty-five
pounds or in default of payment to imprisonment for three months.
. 3. Whenever the valuers have assessed the annual value of any premises
WhiCh have not previously been assessed or which during the immediately
preceding period of twelve months have been altered or rebuilt, they shall
cause a notice signed by them and specifying the annual value assessed by
the:m to be served on the owner, occupier or mortgagee of such premises.
~- The valuers may in the discharge of their duty enter upon any
premises between the hours of six o'clock in the forenoon and six o'clock
In the afternoon on any week day not being a public holiday, and any person
Savings of
Crown rights.
of annual
value.
Form 1.
Form 1.
Valuers may
require
owner,
occupier or
mortgagee to
give information.
Form 2.
Notice of
assessment
to be given
in certain
cases.
Valuers may
enter any
premises.
Notice of new
buildings,
etc.
List to be
deposited and
open for
inspection.
Objections to
Lists.
Procedure for
dealing with
objections.
refusing admission to or obstructing the valuers in the discharge of their
duty shall be liable to a fine of twenty-five pounds or in default of payment
to imprisonment for three months.
5. When any new building is erected or whenever any building is rebuilt
or enlarged, the owner of such building shall within fifteen days of the
completion of work thereon or occupation thereof, whichever is the sooner
give notice thereof in writing to the Town Clerk. In case of failure to give
such notice the owner shall be guilty of an offence.
6. The Valuation List made and signed by the valuers shall forthwith
be deposited in the Town Clerk's Office; and the Council shall forthwith cause
to be published a notice of the deposit of such list. Any person owning or in
the occupation of or interested in any assessable premises shall be entitled to
inspect the Valuation List and to take copies thereof and extracts therefrom
free of charge.
7. Any person aggrieved by any Valuation List on the ground of unfairness or incorrectness in the valuation of any premises included therein, or
on the ground of the inclusion of any premises in or the omission of any
premises from such Valuation List, may at any time after the deposit as
aforesaid of such list, and before the expiration of twenty-eight days after the
publication of the notice of the deposit, give to the Assessment Committee a
notice in writing of his objection specifying the grounds thereof. When the
ground of any objection is unfairness or incorrectness in the valuation of any
premises in respect of which any person other than the person objecting is
liable to be assessed or the omission of any assessable premises, the person
objecting shall also give notice in writing of such objection and of the ground
thereof to such other person.
8. (1) The Assessment Committee shall hold meetings to hear objections
to Valuation Lists, and shall fourteen days at least before holding any
meeting, except a meeting by adjournment, cause to be published notice of
such meeting; and the Assessment Committee may at any such meeting hear
and determine such objections or may from time to time adjourn any such
meeting and adjourn or postpone the hearing or further hearing and determination of any such objections, and may direct notice in writing of any such
objection to be given by the Town Clerk or by the persons objecting to third
parties before the further hearing thereof. When the ground of such objection
is unfairness or incorrectness in the valuation of any premises in respect of
which any person other than the person objecting is liable to be assessed, or
the omission, of any assessable premises from the Valuation List, the Assessment Committee shall not hear any objection to such Valuation List, unless
such notice as aforesaid of such objection has been given to them and to such
other person by the person objecting, except when such other person by
himself or some other person on his behalf consents to the hearing of such
objection.
(2) The Assessment Committee may, upon the hearing of objections to
Valuation Lists, examine witnesses on oath and take evidence in writing.
(3) Such witnesses shall be summoned under the hand of the Mayor in
the same manner as nearly as circumstances permit as witnesses at a trial in
the Supreme Court.
(4) Upon the hearing of objections to the Valuation List, the Town
Clerk or such other person as the Mayor may direct shall take down in
writing a full record of the proceedings including the evidence of all witnesses
examined on oath.
9. Any person who wilfully refuses to attend in obedience to a lawful
summons of the Assessment Committee, or to give evidence or to produce
~ 11 y rent book, receipts for rent, lease, agreement, or other document which
maY be required to be produced before the Assessment Committee for the
urpose of ascertaining the annual value of any assessable premises in the
fown shall be guilty of an offence. The Assessment Committee, after hearing
the parties interested, shall have power to order the withdrawal of all persons
from such meetings during their deliberations.
10. (1) The Assessment Committee may, whether any objection be or
be not made to any Valuation List and after giving any known owner, occupier
or mortgagee of the premises concerned opportunity to be heard, make such
~Iterations in the valuation of any premises included in the Valuation List,
~nd may insert therein any assessable premises omitted therefrom, and may
delete therefrom any premises which are not assessable, and make such
corrections in names, descriptions, and particulars in any Valuation List,
upon such information as to them may seem sufficient, and may employ a
person to survey and value any assessable premises comprised in or omitted
from the Valuation List, or may take such other means for ascertaining the
correctness of the Valuation List as the Assessment Committee may think
fit.
(2} The decisions of the Assessment Committee shall not require the
approval of the Council.
(3} When the Assessment Committee has heard and determined all such
objections as aforesaid and has made all alterations, insertions and corrections
in the Valuation List, it shall approve the same and thereupon such Valuation
List shall become a Valuation Roll.
11. (1} Any person who-
(a) has appealed to the Assessment Committee and is aggrieved
on account of its decision, or
(b) is aggrieved by any alteration to the Valuation List made by
the Assessment Committee of its own motion.
may at any time within fourteen days after the publication of the notice of
the deposit of the Valuation Roll appeal to the Police Magistrate.
(2) The appellant shall give to the Assessment Committee seven clear
days' notice in writing of his intention to appeal and the grounds thereof.
. (3) The Police Magistrate shall hear and determine the appeal, and
e1ther allow or disallow the same, or make such order as shall be just.
(4) The Police Magistrate shall, subject to this Ordinance, have the
same powers, jurisdiction and authority with respect to such appeals and
th~ proceedings therein and to the costs as if the appeal were an ordinary
SUit.
. (5) Any person who has appealed to the Police Magistrate's Court and
18 aggrieved on account of the decision on his appeal may within fourteen
days appeal to the Supreme Court whose decision shall be final.
(6) Where the Police Magistrate orders the Valuation Roll to be amended,
bnd no appeal has been lodged in the prescribed per~od, or if an appeal has
theeu lodged and the Supreme Court orders the Valuatwn Roll to be amended,
e Assessment Committee shall cause the Valuation Roll to be amended in
~hnf0rmity with the decision so made, and shall add to such amendments
e Words " by order of the Court ".
Penalty, etc.
Committee
may direct
further
valuation
and may
correct
Lists.
Appeals
against
decision of
Committee.
Meetings of
the Council.
Presiding
members.
Quorum.
Casting vote.
Committees.
Minutes.
Cap. 65] .Freetown Municipality
PART II.
Section 48 (2).
STANDING ORDERS OF THE CouNCIL.
1. A meeting of the Council shall be convened by the Mayor at least
once in every month, and at such other times as the Mayor may appoint:
Provided that it shall be incumbent on the Mayor to convene a meeting
whenever so requested in writing by any three or more members of the
2. At every meeting of the Council, the Mayor, or in his absence, the
Deputy Mayor shall preside:
Provided that in the absence of both the Mayor and the Deputy Mayor
the Council shall appoint one of its members to preside.
3. All acts whatsoever hereby authorised or required to be done by the
Council and all questions that may come before the Council shall be done
and decided by the majority of votes:
Provided that the Council shall not be disqualified from the transaction
of business by reason of any vacancy or vacancies among members:
Provided further that no business, except that of adjournment, shall be
transacted unless there be present at least ten members.
4. The Mayor or member presiding shall have an original vote in common
with the other members, and also a casting vote if upon any question the
votes be equal.
5. The Council may from time to time appoint out of their number
such and so many committees, either of a general or special nature, and
consisting of such number of persons as it shall think fit, for any purpose
which the Council may think would be better regulated or managed by
means of such committees:
Provided that the proceedings of every such committee shall, except as
herein otherwise provided, be submitted to the Council for approval, and
shall be subject to such approval.
6. (1) Minutes of all the proceedings of the Council shall be regularly
kept by the Town Clerk in a Minute Book kept for that purpose; and, at
each meeting of the Council, the minutes of the last preceding meeting shall
be read over and confirmed or amended, as the case may require, and shall
be signed by the Mayor or member presiding.
(2) The Minute Book shall be open to inspection during office hours by
any person whose name appears on the Register of Voters on payment of
a fee of one shilling.
(3) The Town Clerk shall furnish the Governor with a certified copy of
the minutes after confirmation by the Council.
Freetown Municipality

Second Schedule. (2)

(Section 68).
CoRPORATION PROPERTY.
(1) The public market situate in Kroo Town Road
(2) the public market situate near King Jimmy wharf
(3) the public market situate in Bombay Street
(4) the public market situate in Regent Road
(5) the public market situate near Peters Brook
(6) the public meat market situate in Garrison Street
(7) the public fish market situate in Fisher Street
(8) the public vegetable market situate in Water Street
(9) the public slaughterhouse situate in Guard Street
(10) the King Tom cemetery
(11) the Circular Road cemetery
(12) the Howe Street cemetery
(13) the Kissy Road cemetery
(14) the Ascension Town cemetery
(15) the Race Course cemetery
(16) the Rokupa cemetery
(17) the Victoria Park
(18) the Wilberforce Memorial Hall
(19) the Freetown Waterworks
(20) the Recreation Ground at Brookfields
(21) the cattle compound in Guard Street
[Cap. 65
(22) the Fire Brigade compound in Gloucester Street
(23) a plot of land at the corner of Adelaide and Priscilla Streets.

Third Schedule.

(Section 79)
PART I.
For every licence to any-
1. Hawker or pedlar of manufactured goods !Yearly
not being articles of food ... ~ Half-yearly
l Quarterly
2. Hawkers of articles of food and drink for
human consumption Yearly
3. Hotel, Inn or Common Lodging House{Yearly
Keeper . . . . . . . . . . . . . . . Half-yearly
Yearly
4. Restaurant Keeper Half-yearly
5. Vendors of Patent Medicines (a separate Yearly
licence shall be required in respect of each Half-yearly
shop, store, or other place of business) ... Quarterly
Yearly
6. Herbalist ... Half-yearly
Yearly
7. Registered Money-lender Half-yearly
8. Cook-shop, Cook-room, Cook-house or Yearly
M:ilk Bar Keeper ... ... ... Half-yearly
SL. ·-VoL. Il-5
£ s. d.
0 16 0
0 9 0
Free
30 0 0
16 0 0
9 0 0
15 0 0
8 0 0
2 15 0
2 15 0
15 0 0
8 0 0
3 0 0
1 15 0
1 0 0
P.N. 101 of
1955.
P.N. lll of
1958.
PART II.
For every licence-
1. For a cart, truck, wagon or other such Yearly
vehicle, not being a motor vehicle, as is Half-yearly
constructed or adapted for use and is used Quarterly
primarily for the conveyance of any goods
in the course of trade or husbandry or for
profit or reward, if the same shall have
four or more wheels.
2. For any vehicle listed in the foregoing Yearly
item, not being an omolanke nor a vehicle Half-yearly
used exclusively on Government Wharf Quarterly
or the Queen Elizabeth II Quay, if the
same shall have less than four wheels.
3. For every two-wheeled cart commonly Yearly
known as an omolanke used primarily for Half-yearly
the conveyance of any goods in the course Quarterly
of trade or husbandry or for profit or
reward.
4. For a bicycle or tricycle not drawn or Yearly
propelled by mechanical power.
PART III.
For every licence-
To hold any concert, dancing, musical,iYearly
theatrical or other entertainment to which Half-yearly
admission is to be obtained on payment of Quarterly
any money or reward Single enterl tainment
£ s. d.
0 16 0
0 8 6
1 0 0
011 0
0 6 6
0 16 0
0 8 6
0 15 0
£ s. d.
25 0 0
13 0 0
7 0 0
1 0 0

Fourth Schedule.

Form 1. (First Schedule, Part I, paragraph 1.)
VALUATION LIST.
I
No. of
house or Descrip· Annual
Kame of plot of tion of Name of Name of rateable Remarks
land in premises owner occupier value
Street street I
----- I
I
I I
Form 2. (First Schedule, Part I, paragraph 2.)
DECLARATION AS TO YEARLY RENT OF PREMISES.
Name ............................................................................. . I, .................................... of .................................... do
Premises ....................................................................... .
Rented from ........................................................... .
or let to ....................................................................... .
Rent per annum ..................................................... .
Date......................................... .l9 ............ .
hereby declare that the rent
paya?le by/to me iJ?- respect of the
premises No ................... m ....................................
Street, Freetown ............................................... .
rented/let by me ....................... .from ........... .
mefto ........................................ ..is at the rate of
................................................ per annum.
Declared .......................................... 19 ............ .
Before me.
Valuer.
Signature or mark of Declarant.
Form 3. [SECTION 91]
RATE.
An Assessment for the City Rate of the City of Freetown, made by the City Council of Freetown this ......................................... .
day of.......................................... , 19 ............ , at the rate of.................................... pence in the Pound.
I I I I
Arrears Due or Name of Name of I Description of Property Name or Situation ;
Estimated Annual Rate at d. in
if Excused Occupier Owner Rated of Property Extent Value the Pound
£ 8. d. £ 8. d. £ 8. d.
1 ...
2 ...
3 ...
4 ...
l I
~~f~~/~~{~~ft:::::::::::::::-:-:-·-·.
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n
..§.
en
c.n..__.

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