Parties in possession as owners deemed entitled to lands. Colonial Secretary exonerated upon payment. Lands may be entered for surveys. in every Court to be an absolute bar and estoppel to any action or proceeding by which the right of the Colonial Secretary to the land therein described is sought to be impugned or questioned. 11. In all cases where any question shall arise respecting the title to any lands to be acquired under this Ordinance the parties in possession of such lands as being the owners thereof at the time of such lands being purchased or taken shall be deemed to have been lawfully entitled to such lands, unless the contrary be shown to the satisfaction of the Court, and such parties shall be entitled to receive the purchase money or compensation for such lands, but without prejudice to any subsequent proceedings against such parties at the instance of any person having or alleging a better right thereto. 12. The payment to and the receipt of any person to whom any purchase money or compensation shall be paid shall effectually discharge the Colonial Secretary from seeing to the application or being answerable for the misapplication thereof, provided always that where any person is in possession in virtue of any estate less than an estate of inheritance or in any fiduciary or representative character, the Colonial Secretary may make payment of such purchase money or compensation to such persons, and in such proportions and instalments, and after such notices, as the Court may direct. 13. The Colonial Secretary or any persons authorised by him may enter upon any lands for the purpose of surveying or taking levels of such lands or boring to ascertain the nature of the soil, or other purposes of the like nature, the owner or occupier being entitled to compensation for actual damage (if any) occasioned in the course of such operations. In case of any dispute respecting the amount of such compensation, it shall be determined by the assessment of the Colonial Surveyor or any Assistant Colonial Surveyor, and such assessment shall be final. THE SCHEDULE. Notice of Land required for Government Service. Notice is hereby given, that the following land (describe land, denoting boundaries by physical marks wherever practicable) is required for the service of the Government. Any person claiming to be possessed, or to have any right or interest in the said land, is required within twenty-one days from this date to send to the Colonial Secretary (which may be done through the District Commissioner of ) a statement of the particulars of his right or interest and of the evidence thereof, and of any claim made by him in respect of the value of such land or of his interest therein. The Colonial Secretary is willing to treat for the purchase of the said land, but if no such statement is lodged within the period hereby prescribed, the lands are liable to be dealt with as unoccupied lands. (Date.) C. D., Colonial Secretary. paid to me on behalf of the Colonial Secretary of the Gold Coast Colony, do hereby convey to the said Colonial Secretary and his successors all (describe the premises conveyed), to hold the premises to the use of Her Majesty, according to the true intent and meaning of the Public Lands Ordinance, 1876. Dated the day of 18 Q. R. It is hereby certified and declared that, pursuant to the Public Lands Ordinance, 1876, the title in and to all (describe the premises to be acquired) is vested in the Colonial Secretary of the Gold Coast Colony and his successors to the use of Her Majesty, according to the true intent and meaning of the said Ordinance. Dated the day of 18 day of To the Sheriff of the Gold Coast Colony. 18 has been issued by the Court in favour of the Colonial Secretary to that piece of land described as (insert description); These are therefore to command you to put the Colonial Secretary or any person employed by him in that behalf, in possession of the said land and premises. (Signed by Judge or Commissioner.) This printed impression has been carefully compared by me with the Bill which has passed the Legislative Council, and found to be a true and correct copy of the said Bill. I assent to this Ordinance. C. C. LEES, ALFRED MOLONEY, Constitution and General Regulations. 3. Governor may constitute and discontinue prisons by Order in Council. 4. Existing gaols declared prisons under this Ordinance. 5. Extent of prisons. 6. Description of prison in legal instruments. 7. Appropriation of prisons to particular classes of prisoners. 8. Punishment cells. 9. Regulations as to government of prisons. 10. Subsidiary regulations. Custody and Removal of Prisoners. 14. Prisoners in legal custody of gaolers. 15. Removal of prisoners in case of infectious diseases. 16. Provisions in case of lunacy of prisoners. 17. Removal of prisoners for trial. 18. Procedure where a prisoner is charged before a Court with an offence. 19. Removal of prisoners in other cases. 20. When term of imprisonment expires on Sunday, prisoner to be discharged on preceding day. Labour of Convicts. 21. Effect of sentence of penal servitude. 22. Labour of convicts regulated. 23. Requisites as to hard labour. Offences by and relating to Prisoners. 24. Escape of criminal prisoners. Punishments. 25. Aiding prisoners to escape. Punishments. 26. Interfering with convicts at work. Punishments. 27. Overseers accessory to breaches of discipline. Punishment. 28. Punishment for carrying spirituous liquors or tobacco into prisons. 29. Punishment for carrying letters, &c., into or out of prisons contrary to regulations. 30. Form of information. Modes of proof. Miscellaneous Provisions. 31. Convicts under extended sentence dealt with as if under original sentence. 32. Saving as to existing rules. 33. Protection of persons acting in execution of Ordinance. Index to Schedule I. Schedule I. Schedule II. CHARLES CAMERON LEES, C.M.G., Lieutenant-Governor. No. 9.-1876. AN ORDINANCE to amend the Law relating to Prisons. Title. Date. WHEREAS it is expedient to amend the law relating to Preamble. prisons : Be it enacted by the Governor of the Gold Coast Colony, Enactment. by and with the advice and consent of the Legislative Council thereof, as follows: PRELIMINARY. 1. This Ordinance may be cited as "The Prisons Ordinance, Short title. 1876." 2. In this Ordinance : Signification of certain The term "prisoner" shall include any person lawfully terms. committed to custody. The term "criminal prisoner" shall mean any prisoner charged with or convicted of a crime. The term "gaoler" shall include the keeper or other chief officer of a prison. The term "Sheriff" shall include Deputy Sheriff. CONSTITUTION AND GENERAL REGULATIONS. constitute and 3. The Governor in Council may, by order published in Governor the Gazette, declare any building within the Gold Coast Colony, may or Protected Territories, or Protectorate of Lagos, to be a prison discontinue under this Ordinance, and by the same or any subsequent prison by order declare the province, district, or place, for which any Council. such building shall be used for the purposes of a prison. Subject to the provisions of this Ordinance with respect to the appropriation of prisons to particular classes of prisoners, every building so declared a prison shall be a gaol, house of correction, and penitentiary, for the imprisonment of criminal prisoners of every description, and also a Queen's prison for the imprisonment of persons charged with or under sentence for contempt of Her Majesty's Courts, or taken in execution of the process of the Courts. The Governor in Council may from time to time, by order published as aforesaid, appoint that any building declared a prison under this Ordinance, or which at Existing prisons under the commencement of this Ordinance may be used as a prison, shall cease to be used as a prison.* 4. Subject to any order to be made under this Ordinance, gaols declared the buildings at Cape Coast, Elmina, Accra, Lagos, and other places in the Gold Coast Colony, which at the commencement of this Ordinance shall be in use as gaols, shall each of them be a prison within the meaning of this Ordinance. this Ordinance. Extent of prisons. Description of prison in legal 5. Every prison shall include the airing grounds or other grounds or buildings occupied by prison officers for the use of any such prison and contiguous thereto, and shall also include any lock-up house or place of security (which may be either a detached building or attached to any Court-house, police station, or other building), which may be sanctioned by any order of the Governor in Council for the temporary detention or custody of prisoners, newly apprehended or under remand, or awaiting trial, and be in such order declared to form a part of such prison. 6. In any writ, warrant, or other legal instrument, in which it may be necessary to describe a particular prison, any instruments. description designating the prison by reference to the name of the place or town where it is situated, or other definite description, shall be valid and sufficient for all purposes. Appropria to particular classes of prisoners. 7. The Governor in Council may, either for effecting the tion of prisons separation of different classes of prisoners, or for the enforcement of penal labour, or for other reasons, from time to time by any order published in the Gazette, appropriate particular prisons to particular classes of prisoners, or limit the classes of prisoners who may be imprisoned in particular prisons, and any prisoner of the class for which any prison shall be so appropriated may be lawfully conveyed to such prison and imprisoned therein, notwithstanding that the warrant or order for the imprisonment of such prisoner shall have been issued by a Court not having its ordinary local jurisdiction in the place where such prison is situated. Punishment cells. 8. In every prison punishment cells shall be provided or appropriated for the confinement of prisoners for prison offences. Every such cell shall be certified by the medical officer that it can be used as a punishment cell without detriment to the prisoner's health, and the medical officer shall also certify the time for which it may be so used, and such time shall be conspicuously painted on the door of such cell. Every such cell shall be furnished with means enabling the prisoner to communicate at any time with an officer of the prison. * For prisons declared see Appendix. |