Forest (Amendment) Ordinance, 1954 (No. 45 of 1954)

The Forests (Aniemlment} Ord·inance, Hl5i. GOLD COAST. No. 45 oF 1954. Assented to in Her Majesty's Name and on Her Maje3ty's behalf this 24th day of November, 1954. C. N. ARDEN·CLARKE Governor. AN Ordinance further to amend the Forests Ordinance. [27th November, r954.J IlE IT l!NAC'IED by the Legislature of I.he Gold Coast, as fo1lows: Date of commence• mr.:nt. 1. This Ordinance may be cited as the Forests (Amendment) Short title. Ordinance, 1954, and shall be read as one with the Forests Ordinancf, nereinatter referred to as the principal Ordinance. Cap. 122. 2. In section 2 of the principal Ordinance the following amend- Amendment ment shall be made:- ot '"'"tion .. f"N, ,, ll 2ofthe (a) for the deftmt1Dn O atwc Court , thP.rn .:;ha hf'. prindp,,1 substituted the following new definition- Ordinanc<> " ' Native Court ' means a court constituted as a Native Court under the provisions of any Ordinance, but, notwithstanding the provisions of any Ordinance to the contrary, shall not. include such Native Court, when sitting as a Native Appeal Court;" (b} there shall be inserted, immediately atter the definition of" Native Court", the following new definit~on " • Native Appeal Court ' means a court constituted as a Native A ppea1 Court under the provisions o-f any Ordinance, and sitting as such; ", 3. (l} For subsections (2), {S}, (<l-} and (5l of section I) of the Amen4ment Principal Ordin:ci.nr;e there shall be substituted the following new of sectmn • 9oftl,e subsections- principal " (2) If in the course of any enquiry made under sub- Or<limmce. section {1) of this section a dispute arises as to the ownership of any land whicll lies w1thm the proposed Forest Reserve, No. 45 of !OM. 2 The Forests (Amendment) Ordinr.mce, 11J54. the Reserve Settlement Commissioner shall try and determine such dispute, either in the course of such enquiry or at a separate enquiry, and shall incorporate his finding :in his judgment given under the provisions of section 14, of this Ordinance. (3) Notwithstanding· the provisions of subsection (2) of this section, where such a dfaput0 is determinable by a Native C01.1rt, the Reserve Settlement Commissioner mav, in his discretion, refer the dispute to the appropriate Native Court, and upon such reference it shall be deemed for all purposes to be a civil suit brought before such Native Court, and, subject to the provisions of subsection ( 1) of this section, shall be tried d.Utl delit-l!Uirn:::U <1.0.:unlhtBly. (4) Where a dispute has been referred to a Native Court for determination in accordance with the provisions of sub~ section (3) of this section, the Reserve Settlement Commis oionor nhall accopt attd adopt the judgment of that Native Court or, in a case where there lrn.s betm an appeal to a Native Appeal Court in accordance with the provisions of subsection (5) of this section, the judgment of that Native Appeal Court, and he shall incorporate the same in his iudgment given under the provisions of section 14 of this Ordinance: Provided that when;: the Native Court does not give judgment within three months after the date of the reference thereto or in the case of an appeal from the Native Court th~~ Native Appeal Court does not gtve judgment within three months after the date of the determination by the Native Court of such dispute, the ReServe 'Settlemeht ((lmr'Ilissioner, after giving the Native Court or the Native Appeal Court, as the ~age may be-, notico in writing of his intention so to do, may where the Native Court has not given judgment, proceed in accordance with the provisions of subsection (2) of this se,..tion as though there had been no such reference thereto, or where the Native Ap.J?ca1 Cotirt has not given judgment, accept and adopt the Judgment of the Native Court in accordance with the provisions of this subsection as though there had been no such appeal and tho proceedings in the Native Court or the Native Appeal Court, as the case may be, r,haU CCMc and determine irnm lhe dale of r.ud1 11uU1.:e, (5) Notwithstanding the provisions of any Ordinance under which a Native Court or Native Appeal Court is consti tuted, there shall be no appeal from the judgment of a Native Court given under tlv;l provi4iona <if auba,;,ction (3) of th\1<, section, other than (a) to a Native Appeal Court, where the Ordinance constituting the Native Court provides in such a case for an :ippP:il tn ::i l\fotiv,:, Appeal Coiirt and an appropriate Native Appeal Court has been duly constituted under such Ordinance; or 3 The Fore.sts (Amendm,ml) Ordinance, 1954, (b) in accordance with the prnvisions of section Hi of this Ordinance. (6) Where there has beeri an. appeal. to a Native Appeal Court in accordance with the prov1S1ons ot subsection. ~ll} tl:l.e:e shall be 110 appeal from the judgme!lt of that .court'. save t~ accordance with the provisions of section 15 of this Ordinance. (2) Subsection (6) of section 9 of the principa1 Ordinance shall be omitted. No. 45 of 1954. 4. Immediately after section 9 of the principal Ordinance, there IT>serlio~ oi shall be inserted the following new section:-• ~!~;~~~on "Snrvey 9A. Where there is any dispute as to the owner- prl";CiPal d~~~t~'." ship ot any land wluch lies Within any proposed Qrdmanco, Forest Reserve (a) the expenses of any survey which is necessary for tl1e determination of the dispute .shall be 10111<.: J..,y Um Government of the Gold Coast; (b} the Reserve Settlement Commissioner may direct the competent Forest Authority to ,;Urvt'y thP- l.m1n<1,,,.;,,., ..,i ·crny s,1.1,.:h \M.nd and to do such other acts as may be reasonably necessary for the survey and demarcation of such land." 5. Section 15 of the princip,iJ Orrlirnmrc'c'- ;:hall be amended by the substitution of a comma for the full stop at the end thereof and by the addition immediately after that comn1a of the fo1lowing words "and such appeal may relate to such part of the judgment as Wit!> iHcUi"JJU!"at"'d therein under the provisions of subsections (2) or (4-) of section g of this Ordinance." 6. (1) The provisions of sections :} am\ 5 of this Ordinance shall not apply to a dispute as to the ownership of land lying within a proposed Forest Rc.:;crYe, when: a.L the elate of the commcnce1nent of this Ordinance, a court, not being a Native Court or a Native Appeal Court i.s duly se1ud of the dispute in accordance with the provisions of any Ordinance: Provided that where nny such dispultJ ha,; ~n1 the application of the Reserve Settlement Co1nmissioner been referred, by an order of a Judge of the Supreme Court, to the appropriate Division of the Supreme Court for trial and determination, and the dispute has not been tried and determined at the date of th,,. <'llmni<'ncem,n1.t of thic Urdin~nce, the Reserve Settlement Commissioner shall try and determine the dispute as it no such order had been made, unless a Judge of the Supreme Court on the application of any party to the dispute is of opinion that such course is inconvenient by reason of the .stage reacheJ in the Mal of the d1spute by the Court and within one month after the commencement of this Ordinance makes an order to the contrary. · t\.mcndmeul of section 15 of th" principal Ordinnnce. Tramiti<inl>l provisions. No. 45 of 1954. 4 The Forests (Amendment) Ordinance, 1954. (2) Where at the date of the commencement o f this Ordi nance a Native Court or a Native Appeal Court is duly setlicd of a dispute as to the owne.rship of land lying within a propo~d Forest Rewrve, the dispute shall for the purposes of section 9 of the principal Ordinance, be deemed to have been referred to a. Native Court for r-latqrrn:irrn .. tion tr, n.<Joordanoo with tho pt<<)vi!Jl,:,no <.1£ 1mh::ic-.etfon (3) of that section on the date on which the proc('.ediugs were commenced in the Native Court. This printed impression has been carefully compared by me with the Bill which has passed the Legislative Assembly, and found by me to be a true and correct.ly printed copy of the said Bill. K. B. AYENSU Ading Clefk to the 1.egislative A:sse1nbly. 'rinled and publi$hed lry the Go p · Vo. 78 of 1954). To be purclias:r;,::n:hfl intff (Pitblislipd in Supplement to Gazette ons Rmnc/1), Aura Gold Coa<I and'"''" ,,'"ctrnm,mAt Printing Department (Publica. ' - ' J,u" e rown g~ntsfor Ov G and Adminfa/rations, 4 }Uit/bank r ,,.,do,, s W trseas ouernments PDAW)J~l)/½'ILI/H•04- Pi-ict 6d, ' ' .. ' ·