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First Schedule., The Freetown Municipality Ordinance

Status not yet checkedThe Freetown Municipality Ordinance, Sierra Leone

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

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