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     ACTS OF GHANA

       FIRST REPUBLIC

                                                          

         

                     ILLITERATES' PROTECTION (AMENDMENT) ACT, 1963 (ACT 217)

 

ARRANGEMENT OF SECTIONS

Section

1. Short Title and Application.

2. Prohibition of Letter-Writing for Reward without Licence.

3. Grant and Refusal of Licence.

4. Conditions to be Fulfilled by Persons Writing Letters for Illiterates.

5. Reward for Writing Letters.

6. Production of Licence.

7. Penalties.

8. Summary Procedure.

9. Operation of Ordinance.

SCHEDULES

First Schedule

Second Schedule

CHAPTER 262.

(Gold Coast.)

McCarthy Cap. 212. Ordinances Nos. 4 of 1912, 30 of 1935, 17 of 1942.

AN ORDINANCE TO PROVIDE FOR THE PROTECTION OF ILLITERATE PERSONS.

Date of Commencement. [1st July, 1912.]

Section 1—Short Title and Application.

This Ordinance may be cited as the "Illiterates' Protection Ordinance", and shall apply to the Gold Coast. (30 of 1935, s.2.)

Section 2—Prohibition of Letter-Writing for Reward Without Licence.

It shall not be lawful for any person for a reward, to be paid to him or to any other person, to write any letter or other document for or at the request of any illiterate person except in conformity with the provisions of this Ordinance and unless he shall first have obtained a licence.

Section 3—Grant and Refusal of Licence.

(1) Licences shall be granted by District Commissioners or by such persons as the Governor may in writing direct:  Provided that a licence may be refused without reason assigned.

Form of licence.  First Schedule.

(2) Licences shall be in the form in the First Schedule hereto or to a like effect.

Non-transferability.

(3) Licences shall not be transferable.

Period of licence.

(4) Every licence shall expire on the 31st day of December next after the issue thereof.

Fee for licence.

(5) A fee of five pounds shall be paid for a licence. [As amended by Illiterates' Proteection (Amendment) Act, 1963 (Act 217)].

Section 4—Conditions to be Fulfilled by Persons Writing Letters for Illiterates.

Every person writing a letter or other document for or at the request of an illiterate person, whether gratuitously or for a reward, shall —

Reading and explanation.

(1) Clearly and correctly read over and explain such letter or document or cause the same to be read over and explained to the illiterate person;

Illiterate's mark.

(2) Cause the illiterate person to write his signature or make his mark at the foot of the letter or other document or to touch the pen with which the mark is made at the foot of the letter or other document;

Writer's name and address.

(3) Clearly write his full name and address on the letter or other document as writer thereof; and Note of writer's fee.

Receipt for fee.

(4) State on the letter or other document the nature and amount of the reward, if any, charged or taken or to be charged or taken by him for writing the said letter or other document, and shall give a receipt for the same and keep a counterfoil thereof to be produced at the request of any of the officers named in section 6.

Section 5—Reward for Writing Letters.

Second Schedule

(1) A person duly licensed under this Ordinance to charge or take any fee or reward for writing any letter or other document for or at the request of an illiterate person shall not charge or take any fee or reward exceeding in money or in value the amount set forth in the Second Schedule:  Provided that a fee or reward for witnessing the signature or other execution of any letter or other document shall not be charged against or taken from a person by a licensee in respect of any letter or other document for which a fee or reward for the writing thereof has already been charged against or taken from such person by him.

(2) The Governor in Council may by order amend, alter, add to or vary the Second Schedule; and thereupon such Schedule shall have effect as so amended, altered, added to or varied accordingly.

(Section substituted by 17 of 1942, s.2)

Section 6—Production of Licence.

Every licensee shall produce his licence at the request of any District Commissioner, Assistant District Commissioner, or member of the Police, and also, if a native, at the request of any Native Tribunal.

Section 7—Penalties.

(1) Every person who shall act in contravention of any of the provisions of this Ordinance, shall be liable for a first offence to a fine not exceeding five pounds or to imprisonment not exceeding one calendar month with or without hard labour, and for any subsequent offence to a fine not exceeding ten pounds or to imprisonment not exceeding three calendar months with or without hard labour.

Forfeiture of licence.

(2) In addition to any penalty aforesaid, a licensee contravening any of the provisions of this Ordinance shall be liable to forfeit his licence.

Section 8—Summary Procedure.

All offences against this Ordinance shall be summarily heard and determined by, and all penalties shall be recoverable before, a Magistrate.  (Amended by 30 of 1935, s.2.)

Section 9—Operation of Ordinance.

This Ordinance shall not apply to the writing of any letter or other document or to any letter or other document written in the course of his business by a salaried clerk or by or at the direction of any person admitted to practise and practising as a barrister or solicitor in the Supreme Court.

SCHEDULES.

FIRST SCHEDULE.

(Section 3(2).)

(Amended by 30 of 1935, s.2 and by 17 of 1942, s.3.)

ILLITERATES' PROTECTION ORDINANCE.

LICENCE.

Letter-writer's licence.

Licence is hereby granted to [insert name and address of licensee] to write letters or other documents in the Gold Coast for illiterate persons for a reward until the 31st day of December, 19..... , subject to the provisions of the Illiterates' Protection Ordinance.

[Insert place of issue] the........ day of ....... ,  19.....

Fee 10/-.

Signature of Issuing Officer.

SECOND SCHEDULE.

(Section 5(1).)

 

            s.         d.        

(1) For any letter or document, for the first 50 words or part thereof   ..     ..        ..         1          3         

(2) For any letter or document, per 50 words or part thereof after the first 50 words                9         

(3) For the first copy of the same per 50 words or part thereof ..         ..      ..         ..                  6         

(4) For the second and subsequent copies of the same, per 50 words or part thereof.                                  

If in manuscript  ..       ..       ..       ..       ..      ..          ..        ..         ..      ..         ..                  6         

If type-written    ..       ..       ..        ..      ..      ..          ..        ..         ..      ..         ..                    3         

(5) For witnessing the signature or other    execution of any letter or document  ..         ..                     6"       

(L.N. 198/55)

 

 

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