48. No duty or license shall be required for any dog No license under the age of six months. But upon the hearing of any dog under charge of keeping a dog without license the proof of the six months age of the dog shall be upon the defendant. required for old. not wearing control; 49.-(1.) Any constable or inspector of nuisances may Power to take possession of any dog not wearing a badge for the seize dogs then current year, found in any street and not under badge and the control of any person, and may detain such dog until not under the owner has claimed it and paid all expenses incurred by reason of such detention. When the owner of any dog so taken possession of is known, notice of the seizure thereof shall immediately be given to him. so seized. (2.) Where a dog has been so detained for three clear And to sell or days without the owner claiming it and paying all the destroy dogs expenses incurred by its detention, the District Commissioner may cause it to be sold or destroyed. Any moneys arising from such sale shall be applied in the manner in which fines under this Ordinance are applicable. at large when feared; 50.—(1.) If a mad dog, or a dog suspected of being Order as to mad, is found in any town or within ten miles thereof, the dogs found District Commissioner may, subject to the directions of danger from the Governor, make and when made revoke or alter an mad dogs is order placing such restrictions as he thinks fit, for such period as he thinks fit, on all dogs not being under the control of any person throughout the town, or such part thereof as may be prescribed in the order. (2.) Whoever acts in contravention of any such order, Penalty for of which due notice shall have been given, shall be liable breach of to a fine of twenty shillings. order; or destroy (3.) The provisions of the last preceding section as to Power to the detention and sale or destruction of dogs found in seize and sell any street without a badge and not under control shall dogs at large apply to dogs found at large in contravention of any such order. order. contrary to XII. PROCEDURE. determined. 51. All questions respecting the amount or payment or Compensadistribution of any compensation payable under this Ordi- tion, how nance, and all cases of disputed interest or title arising in connection therewith, shall be settled as nearly as may be in accordance with the provisions of the Public Lands Ordi- No. 8 of 1876. nance, 1876. Service of notices and orders. Limitation of time for prosecution. Rules relating to fines, &c. Joinder of ceedings for nuisance. 52. Any notice required to be given under this Ordinance shall be in writing; and any notice or order served in the manner prescribed for the service of summonses by the Supreme Court Ordinance, 1876, and the Schedules thereto, shall be sufficiently served. 53. Every prosecution for an offence under this Ordinance shall be commenced within twelve months from the time when the matter of complaint arose. 54. The rules relating to punishments contained in Title VIII. of the Criminal Code shall apply to the punishments which may be inflicted under this Ordinance. 55. Where any nuisance under this Ordinance appears Parties for to be wholly or partially caused by the acts or defaults of two or more persons, the complainant may institute proceedings against any one of such persons, or may include all or any two or more of such persons in one proceeding; and any one or more of such persons may be ordered to abate such nuisance, so far as the same appears to the Court to be caused by his or their acts or defaults, or may be hibited from continuing any acts or defaults which the Court finds as matter of fact contribute to such nuisance, or may be fined or otherwise punished, notwithstanding that the acts or defaults of any one of such persons would not separately have caused a nuisance; and the costs may be distributed as to the Court may appear fair and reasonable. Burden of proof as to who is occu pro 56. Where in any proceeding under this Ordinance an inmate of any house is summoned or otherwise dealt with pier of house. as the occupier, if he alleges that he is not the occupier the proof of such allegation shall be upon him. Defendant may give evidence. Publication of rules and orders. 57. Any person charged with an offence under this Ordinance may, if he thinks fit, be called, sworn, examined and cross-examined as an ordinary witness; and the husband or wife of any such person shall be a competent but not a compellable witness. 58. All rules and orders made under this Ordinance by the Governor in Council shall come into operation upon the publication thereof in the Gazette, or at such time thereafter as may be therein provided. permission to &c. 59.-(1.) Every application for any sanction or per- Application mission of the Governor under this Ordinance shall be for Governor's made in writing to the Director of Works, and shall con- be in writing, tain full particulars of the matter for which sanction or permission is required, and shall be accompanied by a plain outline sketch or plan, to the satisfaction of the Director of Works, showing the premises in respect of which the sanction or permission is sought, and the width of the adjoining streets, and the boundaries and owners of the adjoining premises on every side; (2.) The giving or refusing of any such sanction or permission shall be in the absolute discretion of the Governor; and its refusal shall not entitle any person to any compensation. XIII. PROTECTION OF OFFICERS. defendant's 60. In any action against any person employed under Limitation of the authority of the Governor in carrying this Ordinance liability. into effect for anything done in the execution or intended execution of this Ordinance, though judgment is given for the plaintiff, he shall not have costs against the defendant, nor more than two pence damages, unless the Judge or District Commissioner by whom the trial is heard certify his approbation of the action. nuisances to 61. Every health officer and inspector and assistant Health officer, inspector and inspector of nuisances, while acting as such, shall, by assistant virtue of his appointment, and without being sworn in, be inspector of deemed to be a constable, and have all the powers and be constables. privileges of a constable, for the purpose of the execution of his duty under this Ordinance. XIV. SUPPLEMENTAL. make rules. 62. In addition to the powers of making rules herein- Power to before contained, the Governor in Council may from time to time make and, when made, revoke or alter such other rules consistent with this Ordinance and subject to the provisions thereof, for further or better carrying into effect any of the purposes of this Ordinance, as he may deem necessary. Whoever makes default in complying with any such rule shall be liable to a fine of forty shillings, and to a further fine of five shillings a day during the continuance of the default after conviction. Short title. Interpretation. Governor in add to DRUGS AND POISONS. Ordinance No. 14 of 1892. AN ORDINANCE to regulate the dispensing and sale of Drugs and Poisons in the Gold Coast Colony. [7th November, 1892. WHEREAS it is expedient for the safety of the public that persons retailing, dispensing or compounding drugs and poisons should possess a competent practical knowledge of their business, and that ignorant and incompetent persons should be prevented from assuming the title of or pretending to be druggists, and to that end, from and after the date herein named, all persons should, before commencing such business, be duly examined as to their practical knowledge and that a register should be kept as herein provided; Be it enacted by the Governor of the Gold Coast Colony, with the advice and consent of the Legislative Council thereof, as follows: 1. This Ordinance may be cited as "The Druggists Ordinance, 1892." 2. In this Ordinance, unless the context otherwise requires,― "Drug" includes medicine, compound medicine or medicinal preparations; "Poisons" includes poisonous substances, poisonous drugs, poisonous compounds and the articles enumerated in Schedule A; "Duly qualified medical practitioner" means any person who is possessed of any one or more of the qualifications set forth in Schedule B. 3. It shall be lawful for the Governor in Council to add to Schedule A the names of any substances, drugs or comSchedules A pounds which are advertised in the "London Gazette" and deemed to be poisons by virtue of sect. 2 of the Imperial Act 31 & 32 Vict. cap. 121; and to Schedule E any simple medical substances approved as such by the Chief Medical and E. Officer: provided that no such additions shall be considered as a part of such schedules until the expiration of one month from the publication thereof in the Gazette. of druggists. 4. From and after the passing of this Ordinance it shall Registration be unlawful for any person to act as, or carry on the busi- and licensing ness of a druggist, or to mix, compound, prepare, sell, retail or dispense any drug or poison in the Colony unless such person shall be registered under this Ordinance, and shall have obtained a license to do so from the Governor, in the form set forth in Schedule D, which license shall be renewed on the first day of January in each year, and every person who shall act as, or carry on the business of a druggist, or who shall mix, compound, prepare, sell, retail or dispense any drug or poison without being duly registered and having obtained such license as aforesaid, shall be liable to a fine not exceeding twenty pounds: provided Penalty. that this section shall not apply to duly qualified medical practitioners. person not chemist or 5. From and after the passing of this Ordinance it shall Unqualified not be lawful for any person not duly registered and to assume licensed as a druggist, according to the provisions of this title of Ordinance, to assume or use the title of chemist or druggist druggist. in any part of the Colony, or to assume, use, or exhibit any name, title or sign, implying that he is registered and licensed under this Ordinance, and if any person not being duly registered and licensed under this Ordinance shall assume or use the title of chemist or druggist, or shall use, assume, or exhibit any name, title or sign implying that he is a person registered and licensed under this Ordinance, every such person shall be liable to a fine not exceeding Penalty. twenty pounds. examiners. 6.-(1.) To provide for the examination of such candi- Board of dates for licenses as may desire to be examined, it shall be lawful for the Governor to establish a Board which shall consist of the Chief Medical Officer, who shall be chairman ex-officio, and such other duly qualified medical practitioners as the Governor shall from time to time appoint. The Governor may revoke such appointments and fill vacancies in the Board. In the absence of the Chief Medical Officer, or for other necessary or reasonable cause, the senior Government medical officer shall preside at any meeting |