Section 7: Arrest without warrant.

CHAPTER36. FANGAY. An Ordinance to Provide for the Punishment of Persons Practising Fangay in the Colony and Protectorate of Sierra Leone. [24TH MAY, 1905.] 5 of 1905. 12 of 1924. 6 of 1934. 1. This Ordinance may be cited as the Fangay Ordinance, Short title and shall apply to the Colony and Protectorate. 2. In this Ordinance- " person practising fangay " means any person who uses or pretends to use any occult means or pretends to possess any supernatural power or knowledge or is in possession of any instrument of fangay and who acts in any of the ways aforesaid, with intent to effect any fraudulent or unlawful purpose, or for gain or for the purpose of frightening any person; " instrument of fangay " means anything used or intended to be used by a person for any of the purposes aforesaid and pretended by such person to be possessed of any occult or supernatural power. Interpretation. 3. Every person practisingfangay shall be liable on conviction Punishment. to a fine not exceeding fifty pounds or to imprisonment, with or without hard labour, for a period not exceeding twelve months. Summary punishment in certain cases. Framing of charge and proof there· under. Power of search. Arrest without warrant. Cap. 36] Fangay 4. An offence against this Ordinance shall only be dealt with summarily when it appears to the Court of summary jurisdiction that the offence would be adequately punished by a fine not exceeding ten pounds, or by a sentence, with or without hard labour, for a period not exceeding three months. 5. In charging a person with being a person practisingfangay it shall be sufficient in the charge to state that he is a person practising fangay, and if any of the acts mentioned in the definition of a person practising fangay in section 2 is proved to have been done by him with any of the intents or purposes mentioned in the said definition, he shall be liable to conviction on such charge. 6. Whenever it is made to appear on oath that there is reasonable cause to suspect that any person is in possession of any instrument ofjangay, it shall be lawful for the Magistrate, or any Justice of the Peace, by warrant, to authorise any constable to enter and search any place either in the day or in the night, and if any instrument of Jangay is found in any place so searched, to seize and keep it for the purpose of producing it in evidence in any proceedings before any Court of Justice. 7. It shall be lawful for any member of the Police Force to arrest without warrant any person practising Jangay.