LAWS OF GOLD COAST

TOWN (COLONY) 1951 (CAP 86)

ARRANGEMENT OF SECTIONS

Section

PART 1—PRELIMINARY.

1. Short title and Application.

2. Interpretation.

3. Application.

PART 2—REGULATION OF STREETS, BUILDINGS, WELLS, ETC.

4. Streets to be under supervision of Director of Public Works.

5. Power to purchase land for Streets.

6. Power to take materials for Streets, Bridges, and Drains.

7. Power to regulate line of building.

8. Excavations in Street not to be made without consent of Director of Public Works.

9. Construction of Bridges over open Streets Drains.

10. Removal of Projections and Obstructions.

11. Building Regulations.

12. Unauthorised Buildings, etc..

13. Penalties.

14. What to be Deemed a New Building.

15. Recovery of Expenses.

PART 3—DANGEROUS BUILDINGS.

16. Power to Fence Ruinous or Dangerous Buildings and to Require Owner and Occupier to Secure them.

PART 4—ENCLOSURE  OF TOWN LANDS.

17. Land to be Fenced.

18. Live Fences to be Trimmed.

PART 5—HEALTH AREAS.

19. Minister may Regulate the Erection of Buildings in a Town.

PART 6—OPEN SPACES.

20. Open Space not to be Built on, etc., without Provincial Commissioner’s Permission.

21. Removal of Building Unlawfully Erected, etc.

PART 7—NAMING STREETS AND NUMBERING HOUSES.

22. Naming of Streets.

23. Numbering of Streets.

24. Penalty for Damaging Name Boards, etc.

PART 8—ABATEMENT OF FIRES.

25. Demolition or Unroofing of Building  to Prevent Spread of Fine.

PART 9—SLAUGHTER-HOUSES AND MARKETS.

26. Provision of Slaughter-Houses and Markets.

27. Weighing and Measurement of Market.

28. Prohibition of certain Sales outside of Public Market.

29. Regulations for Slaughter-Houses and Markets.

30. Regulation of sales of meat, etc., in Places other than a Public Market.

PART 10—NUISANCES.

31. Definition of Nuisances.

32. Duty of Inspector of Nuisances.

33. Information of Nuisances.

34. Notice to abate Nuisance.

35. Power to abate Nuisance where Owner or Occupier not Known.

36. Power of entry to Examine or abate Nuisances.

37. Over Crowding.

38. Prohibition of use of Houses unfit for Human Habitation.

39. Birds fouling drinking water may be Destroyed.

40. Regulations a to Nuisances, Animals.

PART 11—INFECTIOUS DISEASES.*

41. Cleansing and Disinfecting Premises on notice.

42. Letting Infected Houses.

43. Infected Persons or things not to be Exposed.

44. Order for Removal of Infected Persons to Hospital in Certain Cases.

PART 12—DOGS.

45. Licence to keep Dog.

46. Form of Licence.

47. Badge to be Supplied with Licence and given up on Expiration of Licence.

48. Register of Licences.

49. Penalty for Keeping a dog without a Licence.

50. Who to be Deemed Keeper of Dog.

51. Penalty for not Producing Licence.

52. No licence required for dog under six months old.

53. Power to seize Dogs not Wearing Badge and not under Control.

54. Order as to Dogs Found at Large when Danger from mad Dogs is Feared.

PART 13—PROCEDURE.

55. Compensation, how Determined.

56. Service of Notices and Orders.

57. Limitation of time for Prosecutions.

58. Rules Relating to Fines, etc. Cap. 9.

59. Joinder of Parties in Proceedings for Nuisance.

60. Burden of Proof as to who is Occupier of House.

61. Publication of Regulations and Orders.

62. Application for Permission to be in Writing, etc.

PART 14—PROTECTION OF OFFICERS.

63. Limitation of Defendant's Liability.

64. Health Officer, Inspector, and Assistant

PART 15—SUPPLEMENTAL.

65. Regulations in General.

SCHEDULE

First Schedule—Places and area to which the ordinance applies.

AN ORDINANCE FOR BETTER REGULATING TOWNS AND PROMOTING THE PUBLIC HEALTH.

[4th November, 1892]

McCarthy Cap. 69 Ordinances Nos 13 of 1892, 3 of 1901, 10 of 1901, s.70, 23 of 1903, 7 of 1909, s.8, 16 of 1916, s.5, 20 of 1920, 17 of 1921, ss.4-6, 2 of 1922, 23 of 1923, 12 of 1926, 21 of 1926, 20 of 1927, s.31, 28 of 1927, 13 of 1928, 20 of 1928, 34 of 1928, 3, of 1929, 15 of 1929, 13 of 1931, 7 of 1935, 13 of 1935, 23 of 1935, 32 of 1938, 2 of 1941, 19 of 1942, 24 of 1943, 15 of 1945.

Date of Commencement.

PART 1—PRELIMINARY.

Section 1—Short title and Application.

This Ordinance may be cited as the "Towns Ordinance," and shall apply to the Colony.

Section 2—Interpretation.

In this Ordinance, unless the context otherwise requires—

Health officer. Peace Officer. Director of Public Works. Writing. Cap. 9.

"Health Officer," "Peace Officer," "Director or Public Works," and "Writing" have the same meanings as in the Criminal Code;

House.

"House" includes a school whether a day-school or a Boarding-school; (Added by 13 of 1931, s.2.)

Inspector of Nuisances.

"Inspector of Nuisances" includes Sanitary Inspector; (Added by 12 of 1926, s.2)

Minister.

"Minister" means the Minister responsible for Local Government;

Street

"Street" includes any public way, alley, or passage (whether a thoroughfare or not), the sea beach, and any open space;

Town.

"Town" means any place to which this Ordinance for the time being applies.

Schedule 1.

Section 3—Application.

(1) This Ordinance shall apply to the towns, places and area specified in Schedule I to this Ordinance.

(2) The Minister may from time to time by order—

(a) define the boundaries of any town or place specified in the First Schedule to this Ordinance;

(b) declare that this Ordinance, as respects the whole or any one or more of its provisions, shall apply to any other town, place or area, or part thereof, within the Colony and by the same or another order define the boundaries of any such town, place or area, or part thereof;

(c) declare that this Ordinance shall be suspended in whole or in part in any town, place or area, or part thereof, to which it applies by virtue of the provisions of this section.

(3) When two or more towns or places are in such close proximity to one another that in the opinion of the Minister such towns and places should be treated as one town for the purposes of this Ordinance, such towns or places, together with any of the lands lying around or adjacent thereto, shall for the purposes of this section and of all the other purposes of this Ordinance be deemed to be and shall be treated as one town:

Provided that only such towns and places may be declared to be town as are under the jurisdiction of one Paramount Chief.

(4) Any order made under this section may apply to such area adjacent to the town or place to which it relates as is in the opinion of the Minister desirable, due regard being has to the probable development of the town or place affected. (Section substituted by 15 of 1945, s.2)

Validation.

(5) All orders made or purporting to have been made under the provisions of section 3 of this Ordinance, as that section was enacted and from time to time amended prior to the 31st day of December, 1945 are hereby declared to be and always to have been for all purposes as valid as if they had been made under the provisions of this section. (Adapted from 15 of 1945, s.3.)

PART 2—REGULATION OF STREETS, BUILDINGS, WELLS, ETC.

Section 4—Streets to be under Supervision of Director of Public Works.

All streets shall be under the immediate supervision of the Director of Public Works, who may from time to time cause any street to be levelled, drained, altered, and repaired as occassion may require.

Section 5—Power to Purchase land for Streets.

The Chief Secretary, upon making compensation to the persons entitled thereto, may acquire any land or easement for the purpose of widening, opening, enlarging, draining, or otherwise improving any street, or of making any new street.

Section 6—Power to take Materials for Streets, Bridges, and Drains.

Whenever the Director of Public Works shall require materials for the construction or repair of any street, bridge, or drain, and the same are obtainable from any unoccupied land in or near to any town, he or any person authorised by him may enter upon and take from such land such materials as may be required, without compensation being made therefor to any person.

Section 7—Power to Regulate Line of Building.

(1) When any house or building situated in any street, or the front thereof, has been taken or has fallen down, the District Commissioner may prescribe the line in which any house or building, or the front thereof, to be built or rebuilt in the same situation, shall be erected, and such house or building or the front thereof shall not be erected except in accordance therewith.

Compensation to Owners.

(2) The District Commissioner shall pay or tender compensation to the owner or other person immediately interested in such house or building, for any loss or damage he may sustain in consequence of its being set back or forward. (Amended by 7 of 1909, s.8)

Section 8—Excavations in Street not to be made without Consent of Director of Public Works.

It shall not be lawful for any person without the consent of the Director of Public Works in writing first obtained to make any excavation in any street, and when with such consent any person makes any excavation in any street, he shall, at his own expense, cause the same to be sufficiently fenced and a sufficient light to be fixed in a proper place on or near the same and to be continued every night from sunset to sunrise, and shall fill up such excavation when required by the Director of Public Works; and, if any person fails to comply in any respect with the requirements of this section, he shall be liable to a fine not exceeding five pounds, and to a fine not exceeding two pounds for each day during which such failure continues after conviction therefor, and the Director of Public Works may fill up such excavation, and recover the expense from  the offender as a debt. (Substituted by 28 of 1927, s.3.)

Section 9—Construction of Bridges Over Open Streets Drains.

(1) No person shall, without the consent in writing of the Director of Public Works, construct any bridge over, or other means of crossing, any open public water or other drain in or contiguous to any street; but the Director of Public Works may, if requested so to by any person, and upon the cost thereof, as estimated by the Director of Public Works, being paid in advance, himself construct such bridge or other means of crossing such drain, and execute all works necessary for that purpose.

Penalty.

(2) Any person who contravenes the provisions of the proceeding subsection shall be liable on summary conviction to a fine not exceeding then pounds, and the Director of Public Works may remove any such bridge, or other means of crossing such drain constructed in contravention of the said subsection, and may repair any damage done by the construction or removal of the same, and may recover the expenses from the offender as provided by section 14. (Substituted by 28 of 1827, s.3.)

Section 10—Removal of Projections and Obstructions.

The District Commissioner may give notice to the occupier or owner of any house or building to remove or alter any porch, shed, verandah, projecting window, step, pavement, sign post, show board, or any other obstruction or projection erected against or in front of such house or building whilst the same has been within the operation of this Ordinance, and which is an obstruction to the safe and convenient passage along any street; and such occupier or owner shall, within fourteen days after the service of such notice upon him, remove such obstruction or alter the same in such manner as shall have been directed by the District Commissioner, and in default thereof shall be liable to a fine of forty shillings, and the District Commissioner may then remove such obstruction or projection and recover the expense of doing so as provided by section 14.  If the obstruction or projection was not made by the occupier and is removed by him, he shall be entitled to deduct the expense of such removal from the rent payable by him to the owner of the house or building. (Amended by 7 of 1909, s.8.)

Section 11—Building Regulations.

(1) The Director of Public Works may make regulations for the control, under permit or otherwise, of the construction of buildings and other structures and of the execution of work on existing buildings and structures, and may by such regulations prescribe the conditions subject to which the construction of buildings and other structures and the execution of work on existing buildings and structures may be undertaken and carried out. (Substituted by 24 of 1943, s.2.)

(2) Without prejudice to the generality of subsection (1), such regulations may make provision—

(a) for the making and maintenance of passages, lanes and roads for the purpose of giving access to premises;

(b) for the space about new buildings and buildings which are to be extended or altered, so as to ensure free circulation of air;

(c) for building lines and the lay-out of buildings;

(d) for the level of the ground floor of buildings;

(e) for the lighting and ventilation of buildings, the height of buildings and the dimensions of rooms and corridors;

(f) for reducing the risk of fire in buildings and ensuring sufficient means of exit from new buildings in the event of fire;

(g) preventing the construction of buildings and other structures which would be a disfigurement the town or neighbourhood or not be in keeping with the architectural character of the neighbourhood and the execution of any work which would tend to make existing buildings and structures a disfigurement to the town or neighbourhood or not be in keeping with the architectural character of the neighbourhood.

(h) respecting the repair and renovation of buildings and other structures, and compelling necessary repairs and renovations to buildings and other structures to be carried out;

(i)  for the certification of dwelling-houses as having been constructed in accordance with the requirements of regulations made under this section as a condition precedent to the habitation thereof;

(j)  respecting the construction of hoardings and similar structures and temporary buildings;

(k) for the use of proper building scaffolding, hoardings, machinery and appliances in connection with the construction, extension, alteration, repair and renovation of building and other structures;

(l)  prescribing the conditions to be satisfied by a site for any building or for any class of building;

(m) respecting the provision of sanitary arrangements and conveniences of or in connection  with new buildings;

(n) for cutting into, laying open and pulling down any work suspected to have been executed in contravention of any regulation made under this section or any permit granted under any such regulation;

(o) for the designation of streets as shopping streets or business streets, and prescribing special requirements to be satisfied by buildings constructed therein;

(p)  for the drainage of streets, lands, compounds and new buildings;

(q)  respecting the level, width and construction of streets;

(r)  regulating or prohibiting the construction of wells;

(s)  respecting the period of duration of any permit provided for under any regulations made under this section and the extension of such period, and for the revocation of such permit if the construction of the building or execution of the work to which it relates is not begun within a time specified in such permit;

(l)  for the refusal of a permit to an applicant who has not completed a building or any work under a permit previously granted to him;

(u)  prescribing the forms to be used;

(v)  prescribing the fees to be paid in respect of any matter or thing prescribed by regulations made under this section;

(w) for the removal or alteration of any obstruction or projection likely to cause danger or inconvenience to passengers;

(x)  for matters connected with or incidental to the foregoing matters. (Subsection (2) added by 24 of 1943, s. 2.)

Regulations May Contain Ancillary Provisions.

The Director of Public Works may further provide for the observance of such regulations by enacting therein such provisions as he may think necessary as to the giving of notices, as to the deposit of plans, sections, and specifications, and other particulars by persons intending to lay out streets, to construct wells, or to construct, extend, alter, repair, or renovate buildings, as to inspection by such provisions may specify, and for the maintenance of building agents on the sites of works, and the keeping of proper plans thereon. (Substituted by 28 of 1927, s. 4.)

Regulations May be Particular or General.

Such regulations may be made with respect to towns generally, or with respect to particular towns, or with respect to particular areas, buildings, or works, whether situated in all towns or in particular towns. (Substituted by 12 of 1926, s. 5)

Commencement of Operation of Regulations.

Such regulations, whether made by the Director of Public Works or by a municipal authority acting under a statutory provision in that behalf enabling it, shall be subject to the approval of the Minister; and, when so approved, they shall be published in the Gazette, and shall thereupon come into force, either immediately or from such later date as shall therein or in their regard be provided. (Substituted by 12 of 1926, s. 5.)

(6) All regulations made under section 11 as the section stood prior to the enactment of the Towns (Amendment) Ordinance, 1943, and in force on the 24th day of September, 1943, shall be deemed to have been made under this section. (Adapted from 24 of 1943, s. 5.)

Section 12—Unauthorised Buildings, Etc,.

Schedule 2.

(1) If any building or other structure is being or has been constructed, or if any work is being or has been executed, in contravention of any regulation made under subsection (1) of section 11 or of any permit granted under any such regulation or in contravention of paragraph (2) of section 19 or of any permit granted thereunder, the District Commissioner, acting with the concurrence of the Director of Public Works or his representative not being below the grade of European Building Inspector, or in the case of a town possessing a Municipal Council or a Town Council, the Municipal or Town Council, as the case may be, may give notice in writing in the prescribed form to the owner of the premises whereon such contravention is taking or has taken place, if he is known and resides in the Gold Coast, and the occupier, if any, of such premises, requiring such owner and occupier on or before such day as may be specified in such notice, by a statement in writing under his hand or under the hand of an agent duly authorised in that behalf and duly served upon the District Commissioner or Municipal or Town Council, as the case may be, to show sufficient cause why such building, structure or work should not be removed, altered or pulled down.

(2) If such owner or occupier fails to show sufficient cause why such building, structure or work should not be removed, altered or pulled down, it shall be lawful for the District Commissioner or the Municipal or Town Council, as the case may be, to carry out the removal, alteration or pulling down specified in the notice. (Substituted by 24 of 1943, s. 3.)

Section 13—Penalties.

Without prejudice to the provisions of section 12, any person who contravenes any regulation made under section 11 or the terms of any permit granted under any such regulation or who contravenes paragraph (2) of subsection (1) of section 19 or the terms of any permit granted thereunder, shall be liable to a fine of fifty pounds, and in the case of a continuing contravention to a further fine of one pound for each day that the contravention continues after written notice thereof has been served on the offender. (Added by 24 of 1943, s. 3.)

Section 14—What to be Deemed a New Building.

For the purposes of this Ordinance, the re-erecting of any building taken or fallen down to or below the top of the ground floor, or of any frame building of which only the framework is left down to the top of the ground floor, or the conversion into a dwelling-house of any building not originally constructed for human habitation, shall be considered the erection of a new building.

Section 15—Recovery of Expenses.

Where the District Commissioner or Director of Public Works or his representative incurs expense in removing or altering any building, wall, fence, or other thing, or any part thereof, erected or done contrary to this Ordinance or to any regulation or permit made or given in pursuance of this Ordinance, he may take one or both of the following courses—

(1) recover the expense as a debt from the person who did or caused to be done the work removed or altered, or who failed to cause the required alteration to be made, or from the occupier or owner of the premises;

(2)  sell the materials and apply the proceeds in payment of the expense, paying the balance, if any, in the same manner as the balance mentioned in subsection (3) of section 16 is payable under that section. (Amended by 7 of 1909, s. 8, and 12 of 1926, s. 6)

PART 3—DANGEROUS BUILDINGS.

Section 16—Power to Fence Ruinous or Dangerous Buildings and to Require Owner and Occupier to Secure them.

(1) If any building or wall or anything affixed thereon is deemed by the District Commissioner to be ruinous or dangerous to passengers, or to the occupiers of such building or of neighbouring buildings, he may take such measures as he thinks necessary by fencing or otherwise for the protection of passengers, and may by notice in writing to the owner of such building or wall, if he is known and resident in or within one day's journey from the town where it is situated, and also the occupier, if any, require such owner or occupier to take down, or may require such owner or occupier to secure or may require such owner or occupier to repair such building, wall or other thing. (Amended by 32 of 1938, s. 3.)

  Power to take them down, etc.

(2) If such owner or occupier do not begin the work required within four days after service of such notice, or do not complete the work as speedily as the nature of the case admits, or if no owner or occupier is found, the District Commissioner may, subject to any order of the Minister, cause such building, wall, or other thing, or so much thereof as shall be in a ruinous or dangerous conditions, to be taken down, and may rebuild or repair the same; and all the expenses of protecting passengers, and of taking down, rebuilding, or repairing such building, wall, or other thing, shall be a debt due by the owner thereof to the District Commissioner, and be recoverable in like manner as any other debt may be recovered. (Amended by 32 of 1938, s.3.)

Power to sell building materials and site for payment of expenses.

(3)  If no owner shall be found within the said limits, or appear and pay such expenses within six months after the completion of such rebuilding or repairs, the District Commissioner may cause the building or wall and the materials and site thereof, or any part thereof, to be sold by public auction, and apply the proceeds in defraying the said expenses, and may the balance, if any, to the owner, if he shall establish his claim thereto within twelve months after the date of such sale, failing which, such balance shall be paid into the Accountant-General's Department and become part of the public revenue. (Amended by 7 of 1909, s. 8.)

PART 4—ENCLOSURE  OF TOWN LANDS.

Section 17—Land to be Fenced.

(1) Every occupier of any land within a town, or the owner thereof if it is unoccupied, shall fence it with such fence and in such manner as the District Commissioner shall approve, and shall at all times maintain such fence in good repair to the satisfaction of the District Commissioner.

Penalty in default.

(2)  Every occupier or owner who makes default in commencing to make repair such fence after fourteen days' notice from the District Commissioner, or does not complete such fence or the repairs thereof as speedily as the nature of the work admits, shall be liable to a fine of ten schillings, and to a further fine of two shillings for every day during which such default continues after conviction. (Amended by 7 of 1909, s. 8.)

Section 18—Live Fences to be Trimmed.

The District Commissioner may, after ten days' notice to the occupier of the land, or to the owner thereof if it is unoccupied, or without notice in case no owner or occupier is found in or within one day's journey from the town where it is situated, cause any tree or live fence to be cropped of superfluous branches or of branches which interfere with the traffic along any street, and may recover the expense of doing so as provided by section 15. (Amended by 7 of 1909, s. 8.)

PART 5—HEALTH AREAS.

Section 19—Minister may Regulate the Erection of Buildings in a Town.

(1) The Minister may from time to time make an order that the erection of a building in the whole or in any specified part of any town named therein is to be regulated in the interests of public health, and so long as such order remains in force—

Cap. 134.

(1) the Chief Secretary may acquire any land within the area specified in such order under the Public Lands Ordinance, as though it were land required for the service of the Colony: Provided that the forms under the said Ordinance may be modified so as to meet the case of land taken under this Ordinance; and

(2) it shall not be lawful for any person to erect any house, building, wall, or fence, or to add to or alter any house, building, wall, or fence, within the area specified in such order without the written permission granted in that behalf by the Director of Public Works or his representative, or by the District Commissioner, or expect in accordance with the terms or provisions of the permit embodying such permission; (3 of 1901, s. 2, amended by 12 of 1926, s. 7.)

Achimota Pipe-Line Area.

Schedule 1.

(3) the area in the vicinity of the pipe-line connected with the water supply between Accra and Achimota specified in the First Schedule shall for the purposes of this section be deemed to be a town in respect of which the Governor in Council has made an order that the erection of a building in any and every part thereof is to be regulated in the interests of public health. (23 of 1923, s. 2 (2).) (Subsection (1) amended by 20 of 1928, s. 2.)

Validation of Orders made Prior to 9th November, 1928.

(2) All orders made or purporting to be made under the provisions of this section as enacted prior to the 9th day of November, 1928, are hereby declared to be and always to have been for all purposes as valid if they had been made under and in accordance with the provisions of this section as amended by the Towns Further Amendment Ordinance, 1928. (Added by 20 of 1928, s. 3.)

No. 20 of 1928.

PART 6—OPEN SPACES.

Section 20—Open Space not to be Built on, etc., without Provincial Commissioner’s Permission.

(1) It shall not be lawful without the permission of the Provincial Commissioner to erect any house, building, wall, or fence upon, or to fence or enclose or permanently obstruct or cultivate or turn to any private use, any open space, or any part thereof, whether it is private property or not, and whether it is so declared or not. (Amended by 17 of 1921, s. 4.)

Certificate of Director of Public Works that Land is an Open Space to be Conclusive.

(2) The certificate of the Director of Public Works that any land within a town is an open space shall be conclusive evidence of the fact therein stated in any legal proceedings without proof of the signature, unless the Court sees reason to doubt its genuineness. (Amended by 7 of 1909, s. 8.)

Minister may Declared Open Spaces Adjacent to Towns.

(3) The Minister may at any time direct that any unoccupied land around or adjacent to any town shall be declared an open space; and after the publication of such direction in the Gazette all the provisions of subsections (1) and (2) shall apply to such land.

Applications of Subsections (1) and (2) to Open Spaces Already Declared.

(4) The provisions of subsections (1) and (2) shall apply to the lands declared as open spaces on the 24th day of March, 1980, as notified in the Gazette for March, 1980.

Section 21—Removal of Building Unlawfully Erected, Etc.

Any person offending against any of the provisions of section 20 shall, on being required so to do by the Director of Public Works, remove any such erection, fence, or obstruction as aforesaid, and so far as may be, put such open space in the same condition in which it was before the offence was committed; and shall commence to execute the required work within seven days after such requirement, and shall complete it as speedily as the nature of the works admits; otherwise the Director of Public Works may execute the work and recover the expense of so doing as provided by section 15.

PART 7—NAMING STREETS AND NUMBERING HOUSES.

Section 22—Naming of Streets.

The Director of Public Works may name any street, and for the purpose of notifying the name may fix a post, board, plate, or other thing in any street, or to or against any building, wall, or fence, or may paint or write the name on any building, wall, or fence. (Amended by 7 of 1909 s. 8)

Section 23—Numbering of Streets.

(1) The District Commissioner may cause the houses and buildings in any town to be numbered, and may cause the numbers to be painted, printed, or written on any door, building post, wall or fence any board, plate, or other thing for the purpose of notifying the numbers. (Amended by 7 of 1980, s. 8.)

Owner and Occupier to Keep Numbers Visible and Legible

(2) The owner and occupier of every house of building which has been numbered as aforesaid shall at their own expense keep the numbers exposed to public view, and shall not allow them to become obliterated or illegible. Every person contravening this section shall be liable to a fine of five shillings, and to a further fine of each day during which the offence continues after conviction.

Section 24—Penalty for Damaging Name Boards, etc.

Whoever wilfully throws down or damages any post, board, plate, or other thing fixed by the District Commissioner or Director of Public Works under the powers hereby given to him, or wilfully obliterates, or attempts to obliterate, partially or wholly, any letter or figure painted or written under the powers hereby given, shall be liable to a fine of ten shillings. (Amended by 7 of 1980, s. 8.)

PART 8—ABATEMENT OF FIRES.

Section 25—Demolition or Unroofing of Building  to Prevent Spread of Fine.

(1) If any house or building catches or is on fire, any officer of the Gold Coast Regiment of the Royal West African Frontier Force, or any sergeant or superior officer of police, or any District Commissioner or Director of Public Works, may, with the purpose of staying the spreading of the fire, order that any near or adjacent houses or premises to which the fire is likely to communicate shall be demolished, or the roofs thereof broken down, or the thatch or other inflammable roofing pulled or broken from the roofs, or other suitable means used; but no order for the demolition of any house or premises, or for breaking down the roof, or pulling the roofing material therefrom, shall be given, unless the officer is present at the fire, and satisfied to the best of his judgment, upon personal view, that such order appears necessary for staying the progress of the fire. (Amended by 10 of 1901, s. 70.)

Execution of Orders Penalty on Obstruction .

(2) Such orders may be carried out by any person; and whoever obstructs in any manner the execution of any such order shall be liable to a fine of ten pounds.

No Compensation to Owner.

(3) No occupier, owner, or other person interested in any house or premises demolished or unroofed, or from which the roofing material shall have been pulled as aforesaid, shall be entitled on account thereof to any compensation.

PART 9—SLAUGHTER-HOUSES AND MARKETS.

Section 26—Provision of Slaughter-Houses and Markets.

A Provincial Commissioner may provide a public slaughter-house, or a public market or both, for any town within his province. Any such provision shall be notified in the Gazette. (Amended by 17 of 1921, s. 5.)

Section 27—Weighing and Measurement of Market.

Any person selling or offering for sale in any public market already provided or hereafter to be provided any thing which according to general usage is sold by weight or measure shall, if required by the buyer or intending buyer, cause it to be weighed or measured by the market clerk, if any; and any such person who shall refuse to cause such thing to be so weighed or measured shall be liable to a fine of ten shillings.

Section 28—Prohibition of certain Sales outside of Public Market.

(1) Any person who in any town for which there is a public market appointed under this Ordinance, sells or offers or exposes for sale, within the limits for which such public market is appointed, any article of merchandise, except in such public market or in his dwelling-house or shop, save under and by virtue of, and in accordance with the conditions and limitations contained in, a licence granted for that purpose by the District Commissioner, or, in the case of a town possessing a Municipal Council or a Town- Council, by the Municipal Council or Town Council respectively, shall be guilty of an offence, and shall on summary conviction thereof be liable to a fine not exceeding forty shillings.

(2) The  District  Commissioner,  Municipal Council, or Town Council, as the case may be may grant such licences, and may attach thereto, either generally or in any particular case, any conditions and limitations (if any) which he or it may consider desirable.

(3) There shall be payable in respect of  any licence a fee which shall be calculated at the rate of one shilling for every month of the term thereof, except in the case of a town possessing a Municipal Council or a Town Council, where the fee shall be such as shall from time to time be fixed by the Municipal Council or Town Council by resolution. Such fees shall form part of the Colonial revenue, except in the case of a town possessing a Municipal Council or a Town Council, in which case such fees shall form part of the revenue of the Municipal Council or Town Council, as the case may be: (Amended by 32 of 1938, s. 4.)

Proviso.

Provided always that sales which are authorised by any regulations made under section 30 and for the time being in

force are. hereby exempted from the provision hereinabove in this section contained: (Added by 13 of 1928, s. 2.)

Provided further that this section shall not apply to any person who holds a Goldsmith's Hawking Licence granted by the competent police authority under subsection (3) of section 5 of the Gold Mining Products Protection Ordinance and who does not sell, offer or expose for sale any articles other than articles manufactured of gold. (Added by 2 of 1941, s. 2.)

Section 29—Regulations for Slaughter-Houses and Markets.

(1) With regard to public slaughter-houses or markets already provided or hereafter to be provided, or with regard to any one or more of such houses or markets, the Minister may from time to time make and, When made, revoke or alter regulations for all or any of the following purposes—

Charges, etc.

(a) prescribing the rents for, and the conditions under which market stalls shall be let, and regulating the use thereof. (Substituted by 31 of 1939, s. 2.)

Cleanliness.

(b) keeping the same clean and free from nuisances or obstructions therein or in the approaches thereto;

Market Hours.

(c) fixing the days and hours for the opening of the same;

Marketers.

(d) regulating the butchers, carriers, and labourers, and others resorting to or employed about the same;

Prevention of Cruelty Weights and Measures.

(e) presenting cruelty therein;

(f) preventing and detecting the use of unjust weights, scales, balances, or measures

Penalty for breach of Regulations.

(2) Whoever wilfully breaks or disregards any such regulation, or wilfully obstructs the execution thereof, shall be liable to a fine of forty shillings, and to a further fine of ten shillings for each day that any such breach or offence is continued after conviction therefor; and any unjust weights, scales, balances, or measures used or found in slaughter-house or market may be seized by any health officer or peace officer or market clerk and may be forfeited by order of the District Commissioner.

Section 30—Regulation of sales of meat, etc., in Places other than a Public Market.

(1)  The Minister may (or, in the case of a town possessing a Municipal Council or a Town Council, the Municipal Council or Town Council respectively may, subject to the approval of the Minister) make regulations with respect to the regulation and restriction of the sale in places other than a public market of fresh, chilled, or frozen meat, flesh, fowls, game, or fish, and with respect to the regulation and restriction of the manufacture or storage of articles of food and drink intended for sale, and for purposes connected therewith, including the imposition of fees. (Amended by 13 of 1931, s.4).

(2)  Any person committing any act or making any omission in contravention of any provision of any such regulation shall be guilty of an offence, and on summary conviction thereof shall be liable to a fine not exceeding twenty pounds.

(Section added by 12 of 1926, s. 8)

PART 10—NUISANCES.

Section 31—Definition of Nuisances.

For the purposes of this Ordinance the following are nuisances liable to be dealt with in the manner herein provided—

Animals.

(1)  any animal so kept as to be a nuisance or injurious to health;

Bush.

(2)  any growth of weeds, prickly pear, long grass, or wild bush of any sort;

Animals kept in premises.

(3)  the keeping or harbouring of any animal in any premises in such a manner, or in any premises so constructed or so situated, as to cause or to be likely to cause such keeping or harbouring to be a nuisance or injurious to health; (Added by 13 of 1928, s.3)

Over-crowded Premises.

(4)  any house or part of a house so overcrowded as to be dangerous or injurious to the health of the inmates;

Receptacles.

(5) any pool, ditch, gutter, eaves-gutter, watercourse, well, pond, tank, privy, urinal, cesspool, drain, or ashpit, which is, or is in such a state as to be, offensive, or injurious or dangerous to health, or likely to be so; (Substituted by 20 of 1927, s. 31.)

Rubbish etc.

(6) any accumulation or deposit of articles of articles or things which is detrimental to the amenities of the place, or in respect of which it is certified by a health officer that by reason of its character or situation it is or is likely to be injurious or dangerous to health; (Substituted by 20 of 1927, s.31.)

Streets and Premises.

(7)  any street, house, or premises in such a state as to be a nuisance or injurious to health;

Trades.

(8) any work, manufactory, trade, or business, injurious to the health of the neighbours, or dangerous, or so conducted as to be dangerous or injurious to health;

Water.

(9) any well, pond, or tank, the water of which is so tainted with impurities or otherwise unwholesome as to be injurious to the health of persons using it;

Rats.

(10) any rat-infested house or premises, or any rat-infested part of any house or premises, or any rat-hole in any part of any house or premises; (Added by 20 of 1920, s.2.)

Swine.

(11)  the keeping of swine:

Provided that as regards swine, the provisions of this part of this Ordinance as to nuisances shall apply only to the towns and within the limits prescribed by order made under section 3. (Substituted by order made under section 3. (Substituted by 13 of 1931, s. 6.)

Section 32—Duty of Inspector of Nuisances.

It shall be the duty of every inspector of nuisances to make from time to time inspection of his district, with a view to ascertain what nuisances exist calling for abatement under this Ordinance, and to enforce the provisions of this Ordinance.

Section 33—Information of Nuisances.

Information of any nuisance may be given by any person aggrieved thereby, or by any constable.

Section 34—Notice to abate Nuisance.

(1)  Whenever any inspector of nuisances or health officer or District Commissioner receives information of, or otherwise has reason to suppose the existence of, any nuisance, he shall personally, or by some messenger authorised by him, visit the premises where such supposed nuisance exists, and shall serve a notice on the person by whose act, default, or sufferance the nuisance arises or continues, or the occupier or owner of the premises, requiring him to abate the same; and in the case of a nuisance falling within the purview of Item 3 of section 31, the notice may require the occupier or owner of the premises concerned to remove the animal concerned from the said premises. (Amended by 13 of 1928, s.4)

On non-compliance Complaint to Court.

(2)  If the person on whom the notice is served makes default in complying with any of the requisitions thereof within the time specified by the notice, or within five days if the time was not specified, or fails to satisfy the inspector of nuisances or health officer or District Commissioner that he has used all due diligence to carry out the requisitions, or if the nuisance, although abated since the date of the notice, is in the opinion of the inspector of nuisances, health officer, or District Commissioner, likely to recur on the same premises, he shall take proceedings before a Court.

Order of Court on Complaint.

(3)  If the Court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, the Court shall make an order on the person in default, requiring him to comply with all or any of the requisitions of the notice, or otherwise to abate the nuisance within the time specified in the order, or such time as the Court may deem sufficient, or an order prohibiting recurrence of the nuisance, or an order both requiring abatement and prohibiting the recurrence of the nuisance.

Penalty for Nuisance Existing before order.

(4)   The Court may impose a fine of twenty shillings on the person on whom the order is made in respect of the nuisance existing previously to the order.

Penalty for Contravention of Order.

(5)   Whoever disobeys an order requiring abatement or prohibiting the recurrence of the nuisance shall, if he fails to satisfy the Court that he has used all due diligence to carry out the order, be liable to a fine of five shillings per day during his default; and whoever acts knowingly and wilfully contrary to an order of prohibition shall be liable to a fine of twenty shillings per day during such contrary action.  Moreover, the inspector of nuisances or health officer or District Commissioner or their assistants may enter the premises to which the order relates and abate the nuisance, and do whatever may be necessary in execution of the order, and recover the expenses incurred by them as a debt from the person on whom the order is made. (Amended by 7 of 1909, s.8).

Section 35—Power to abate Nuisance where Owner or Occupier not Known.

Where it appears to the satisfaction of the Court that the person by whose act or default the nuisance arises, or the owner or occupier of the premises is not known or cannot be found, then the necessary work for abating such nuisance may be executed by the inspector of nuisance or health officers or District Commissioner. (Amended by 7 of 1909, s.8)

Section 36—Power of entry to Examine or abate Nuisances.

(1)  Any inspector of nuisances, health officer, or District Commissioner, or any person or persons authorised in writing by any health officer or District Commissioner, together with any assistant or assistants bearing any official badge or token, may enter and inspect any premises at any time between six in the morning and six in the evening for the purpose of examining as to the existence or continuance of any nuisance therein, or of abating any nuisance.

If admission Refused or Premises Vacant Order for Admission to be Made.

(2) If admission to premises for any of the purposes of this section is refused, any District Commissioner may by order under his hand, require the person having custody of the premisses to admit the inspector of nuisances or health officer or District Commissioner, or any persons employed as aforesaid, into the premises during the hours aforesaid; and if no person having custody of the premises is found, the District Commissioner may authorise the aforesaid persons, or any of them, if necessary, to break and enter such premises; and any such order shall continue in force until the nuisance has been abated, or the work for which the entry was necessary has been done.

Penalty for Obstructing Officer or Disobeying Order.

(3)  Whoever refuses admission to any inspector of nuisance or other person as aforesaid, or obstructs him in or hinders him from making any such entry or inspection or abatement of nuisance, or disobeys any such order a aforesaid, shall be liable to a fine of five pounds. (Amended by 7 of 1909, s.8.)

Section 37—Over Crowding.

(1)  For the purpose of this Ordinance a room, hall, or passage—

(a)  used as a dormitory of a school shall be deemed to be injurious to the health of the inmates if it does not provide at least four hundred and eighty cubic feet of air space for each pupil, any height of over twelve feet being ignored in the calculation;

(b)  used as a class room of a school shall be deemed to be so overcrowded as to be injurious to the health of the inmates if it does not provide at least one hundred and twenty cubic feet of air space and twelve square feet of floor space for each pupil: Provided that any room, hall, or passage used as a class room and having been so used immediately prior to the coming into force of this section shall not be deemed to be so overcrowded as to be injurious to the health of the inmates if it provides at least one hundred cubic feet of air space and ten square feet of floor space for each pupil;

(c)  used wholly or partially for human occupation and not used as a dormitory or class room of a school shall be deemed to be so overcrowded as to be injurious to the health of the inmates if it does not provide at least three hundred and sixty cubic feet of air space and thirty-six square feet of floor space for each adult; two children under ten years of age counting as one adult. (Substituted by 13 of 1931, s. 7.)

(2) Any owner or occupier of any premises on or within which any overcrowding within the meaning of subsection (1) takes place shall, independently of any other liability which he may have incurred be guilty of an offence, and on summary conviction thereof shall be liable to a fine not exceeding twenty pounds, and in the case of a continuing offence to a further fine not exceeding one pound for each day that the offence continues after written notice of the offence from the appropriate authority has been served on the offender.

(3)  In addition to all other powers and facilities provided by this Ordinance or by any other law for the time being in force, for the purpose of ascertaining whether any offence against the provisions of this section is being or has been committed in respect of any building or of any part of a building which is or is suspect by the health officer of being or of having been so overcrowded as to be injurious to the health of the inmates, it shall be lawful for a magistrate at his discretion, on duly receiving a sworn information in that behalf from the health officer, to authorise by an order under his hand two or more officers, who shall be named in such order, to enter for the purpose aforesaid into such building or into such part of a building between the hours of 6 p.m. and 11 p.m. (Section added by 12 of 1926, s. 9, and amended by 13 of 1935, s. 3.)

Section 38—Prohibition of use of Houses unfit for Human Habitation.

(1)  Where any house or building, by reason of any nuisance, or of its insecurity and liability to fall down in whole or in part, is in the judgment of the Court unfit for human habitation, the Court may prohibit the use thereof for that purpose until in its judgment the house or building is rendered fit for habitation; and if necessary, may authorise any constable to remove the inhabitants therefrom.

Penalty for Contravention of Prohibition.

(2) Whoever inhabits or uses any house or building in contravention of such prohibition shall be liable to a fine of ten shillings, and to a further fine of five shillings for each day that such act of contravention is continued.

Section 39—Birds fouling drinking water may be Destroyed.

Any pigeous or other birds that foul any water intended to be supplied to man, or any surface or ground from which such water is or may be collected, or any well, stream, tank, reservoir, aqueduct, pond, or place where such water is or may be, or any conduit communicating therewith, may be destroyed by the owner or occupier of the premises upon which such fouling takes place.

Section 40—Regulations a to Nuisances, Animals.

(1) The Minister may from time to time make and, when made, revoke or alter regulations—

(a)  for the prevention of the keeping of animals on any premises so as to be a nuisance or injurious to health; or

Latrines.

(b)  imposing on the chief, captains, and headmen of any town to which the Town Councils Ordinance* does not extend, the duty of digging and maintaining pits latrines for the use of the inhabitants of such town; or (Amended by 16 of 1916, s.5)

Open spaces.

(c)  imposing on the chiefs, captains, and inhabitants of any town the duty of cleansing and keeping clear the open spaces within or around of adjacent to such town, or any of them, from weeds, grass, prickly pear, wild bush, and other vegetation, and from rubbish and deposits of any kind; or

Refuse.

(d)  controlling and regulating the installation and maintenance of private latrines and compelling the use of any sanitary service and controlling the method of dealing with all night-soil, slops, rubbish, or refuse whatsoever;

Fees.

(e) prescribing the fees (which fees may be made payable in advance) to be levied in respect of the sanitary service referred to in paragraph (d) and allocating the incidence of such fees: (Amended by 19 of 1942, s.2)

Cap. 89.

Provided that regulations made under paragraphs (b) and (c) of this subsection shall be subject to the provisions of section 109 of the Labour Ordinance.  (Paragraphs (d) and (e) and proviso added by 23 of 1935, s. 2.)

Penalty.

(2)  Whoever makes default in complying with any such regulations shall be liable to a fine of ten shillings, and  to a further fine of two shillings a day during the continuance of the default after conviction: (Amended by 23 of 1903, s.2).

Provided that notwithstanding the provisions of sub-section (3) of section 3, no chief shall be deemed liable for refusing or failing to carry out any order in respect of a part of a town or place outside of his jurisdiction. (Added by 34 of 1928, s.3)

PART 11—INFECTIOUS DISEASES.*

Section 41—Cleansing and Disinfecting Premises on Notice.

(1) Where any health officer considers that the cleansing and disinfecting of any house or part thereof, or of any articles therein, would tend to prevent or check infectious disease, it shall be his duty to give notice to the occupier or owner requiring him to cleanse and disinfect such house, or part thereof or articles.

Penalty on Failure to Comply with Notice.

(2)  If the person to whom notice is given fails to comply therewith, he shall be liable to a fine of five shillings for every day during which he continues to make default; and the health officer may cause such house, or part thereof, and articles, to be cleansed and disinfected, and may recover the expenses from the occupier or owner in default.

Section 42—Letting Infected Houses.

(1)  Whoever knowingly lets, either for hire or otherwise, any house, room, or part of a house in which any person has been suffering from any dangerous infectious disorder, without having such house, room, or part of a house, and all articles therein properly disinfected to the satisfaction of the health officer, shall be liable to a fine of ten pounds.

Explanation as to inn-keeper.

(2) For the purposes of this section the keeper of inn shall be deemed to let for hire part of a house to any person admitted as a guest into such inn.

Section 43—Infected Persons or things not to be Exposed.

Whoever—

(1)  while suffering from any dangerous infectious disorder wilfully exposes himself without proper precautions against spreading the disorder in any street, public place, shop, inn, or public conveyance; or

(2)  being in charge of any person so suffering, so exposes such sufferer; or

(3)  gives, lends, sells, transmits, or exposes without previous disinfection any bedding, clothes, or other things which have been exposed to infection from any such disorder; or

(4)  being in charge of a public conveyance shall not immediately provide for its disinfection after it has to his knowledge  conveyed any person suffering from a dangerous infectious disorder,

shall be liable to a fine of five pounds.

Section 44—Order for Removal of Infected Persons to Hospital in Certain Cases.

(1)  Where any suitable hospital or place for the reception of the sick is provided, any person who is suffering from any dangerous infectious disorder, and is without proper lodging or accommodation, or is lodged in a house so overcrowded, that, in the opinion of the health officer, his continuance therein may probably lead to the spread of the disorder, may with the consent of the superintending authority of such hospital or place, be removed thereto by order of a District Commissioner.

Penalty for Disobeying Order.

(2)  Whoever wilfully disobeys or obstructs the execution of such order, shall be liable to a fine of five pounds.

PART 12—DOGS.

Section 45—Licence to keep Dog.

Every person who keeps a dog shall pay for it an annual duty of five shillings and shall take out an annual licence to keep it. (Amended by 3 of 1929, s. 2).

Section 46—Form of Licence.

Dog licences shall be in such form as the Accountant-General shall direct, and shall be granted at Accra by the granted at Accra by the Accountant-General and in other districts by the District Commissioner; and every license shall commence on the day on which it is granted and shall terminate on the 31st day of December following; but no licence shall be granted on payment of a less sum than the duty for a whole year.

Section 47—Badge to be Supplied with Licence and Given up on Expiration of Licence.

Every person taking out a dog licence shall be supplied by the officer granting it with a metal badge to be worn by the dog for which the licence is taken out; and at the expiration of any licence the person to  whom the badge was supplied along with it shall on demand deliver up the badge to the Accountant-General or District Commissioner; and whoever refuses or neglects without sufficient excuse to deliver up such badge as aforesaid shall be liable to a fine of five shillings.

Section 48—Register of Licences.

Every officer authorised to grant dog licences shall keep a register of all such licences granted by him, specifying the name and place of abode of every person licensed and the number of dogs which each person is licensed to keep.

Section 49—Penalty for Keeping a dog without a Licence.

Whoever keeps a dog without having a licence for it in force, or keeps a greater number of dogs than he is licensed to keep, shall for every such offence be liable to a fine of twenty shillings for each dog so kept.

Section 50—Who to be Deemed Keeper of Dog.

Every person in whose custody, charge, or possession, or in whose house or premises, any dog is found or seen shall be deemed to be the person who keeps such dog, unless the contrary be proved.

Section 51—Penalty for not Producing Licence.

Whoever, having a dog licence in force, refuses or neglects without sufficient excuse to produce and deliver it to be examined and read by any constable or any inspector of nuisances within a reasonable time after request by such officer, shall be liable to a fine of twenty shillings.

Section 52—No Licence Required for Dog under Six Months Old.

No duty or licence shall be required for any dog under the age of six months. But upon the hearing of any charge of keeping a dog without licence the proof of the age of the dog shall be upon the defendant.

Section 53—Power to seize Dogs not Wearing Badge and not under Control.

(1)  Any constable or inspector of nuisances may take possession of any dog not wearing a badge for the then current year, found in any street and not under the control of any person, and may detain such dog until 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.

Power to sell or destroy dogs so seized.

(2) Where a dog has been so detained for three clear days without the owner claiming it and paying all the 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.

Section 54—Order as to Dogs Found at Large when Danger from mad Dogs is Feared.

(1) If a mad dog, or a dog suspected of being mad, is found in any town or within ten miles thereof, the District Commissioner may, subject to the directions of the Minister, make an 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.

Penalty for Breach of Order.

(2)  Whoever acts in contravention of any such order, of which due notice shall have been given, shall be liable to a fine of twenty shillings.

Power to seize and sell or destroy dogs at large Contrary to Order

(3)  The provisions of the last preceding section as to the detention and sale or destruction of dogs found in any street without a badge and not under control shall apply to dogs found at large in contravention of any such order.

PART 13—PROCEDURE.

Section 55—Compensation, how Determined.

All questions respecting the amount or payment or distribution of any compensation payable under this Ordinance, 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 Ordinance.

Cap. 134.

Section 56—Service of Notices and Orders.

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 Courts Ordinance and the Schedules thereto, shall be sufficiently served. (Amended by 7 of 1935, s, 108.)

Section 57—Limitation of time for Prosecutions.

Every prosecution for an offence under this Ordinance shall be commenced within twelve months from the time when the matter of complaint arose.

Section 58—Rules Relating to Fines, Etc. Cap. 9.

The rules relating to punishments contained in Title 8 of the Criminal Code shall apply to the punishments which may be inflicted under this Ordinance.

Section 59—Joinder of Parties in Proceedings for Nuisance.

Where any nuisance under this Ordinance appears 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 prohibited 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 separated have caused a nuisance; and the costs may be distributed as to the Court may appear fair and reasonable.

Section 60—Burden of Proof as to who is Occupier of House.

Where in any proceeding under this Ordinance an inmate of any house is summoned or otherwise dealt with as the occupier, if he alleges that he is not the occupier the proof of such allegation shall be upon him.

Section 61—Publication of Regulations and Orders.

All regulations and orders made under this Ordinance by the Governor in Council or the Minister shall come into operation upon the publication thereof in the Gazette, or at such time thereafter as may be therein provided.

Section 62—Application for Permission to be in Writing, Etc.

(1)  Every application for any sanction or permission which may be required by or under this Ordinance shall be made in writing, in the prescribed form, if any, to the appropriate authority, and shall contain full particulars of the matter for which sanction or permission is sought, and shall be accompanied by the prescribed plans. (Substituted by 12 of 1926, s. 10)

(2)   The giving or refusing of any such sanction or permission shall be in the absolute discretion of the authority in who or in which such discretion is vested; and its refusal shall not entitle any person to any compensation. (Amended by 17 of 1921, s. 6)

PART 14—PROTECTION OF OFFICERS.

Section 63—Limitation of Defendant's Liability.

In any action against any person employed under the authority of the Governor in carrying this Ordinance 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 Magistrate by whom the trial is heard certify his approbation of the action.  (Amended by 13 of 1935, s. 3.)

Section 64—Health Officer, Inspector, and Assistant

Every health officer and inspector and assistant inspector of nuisances, while acting as such, shall, by virtue of his appointment, and without being sworn in, be deemed to be a constable, and have all the powers privileges of a constable, for the purpose of the execution of his duty under this Ordinance.

PART 15—SUPPLEMENTAL.

Section 65—Regulations in General.

In addition to the powers of making regulations hereinbefore contained, the Governor in Council may from time to time make such other regulations 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 regulation 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.

SCHEDULE

FIRST SCHEDULE.

PLACES AND AREA TO WHICH THE ORDINANCE APPLIES.

ACCRA DISTRICT

Accra. Labadi.          

Accra-Achimota Pipe-line Area.     Nugo (Great Ningo) 

Achimota.       Nungwa         

Agomeda.      Oblogo.         

Aiyimensa.     Pokoasi         

Ayikuma.        Prampram     

Dodowa Market.       Tema 

Kawli Gono.   Teshi. 

Kpone.            Weija 

ADA DISTRICT

Ada, Otrokpe and Totimeh (4 of 1933, 11th March)         Galo, Mafi     

Ada Fua         Mlefi.  

Agrave.           Supwe.          

Bafaw.            Tamatuku      

Big Ada          Tefle   

Dabala (12 of 1935, 15th June)     

AHANTA-NZIMA DISTRICT.

Ajua.   Dixcove.        

Akinim.           Esikado         

Apoan.            Half Assini.    

Atuabo.           Sanhuma.      

Axim.  Sekondi         

Beyin. Shama.          

Brui.    Takoradi (1 of 1930, 11th Jan.).     

AKWAPIM-NEW JUABEN DISTRICT.

Aburi   Mamfe and Amanokrom (6 of 1930, 15th Feb.).  

Adawaso.       Mampong.     

Adukrom (8 of 1930, 15th Feb.)      Mangoasi.     

Akropong and Aburi (5 of 1930, 15th Feb.)           Nsawam.       

Dodowa.        New Mangoasi.        

Jumapo.         Oyoko (21 of 1930, 9th Aug.)         

Koforidua.      Pakro.

Late    Suhien (17 of 1930, 7th June).       

BIRIM DISTRICT

Abetifi (16 of 1930, 7th June).         Kibi.   

Adaiso.           Kokorantumi.

Akwaseho.     Krabo (22 of 1930, 9th Aug.).         

Akwatia (20 of 1936, 25th July).      Kwaliu-Praso.           

Anyinam.        Mpraeso.       

Apedwa.         New Tafo.      

Asamankese.            Nkawkaw.     

Asuboi.           Nkwanta (20 of 1930, 28th June).  

Bawdua (7 of 1935, 23rd March).   Osiem.           

Bosuso.          Osine.

Jejeti.  Suhum.          

Kade.  Tafo.  

Kankang.        Wanchi.         

CAPE COAST DISTRICT.

Asin Foso.     Komenda.     

Bantama.       Mafraba-Akinum.     

Bebiaiha (1 of 1935, 19th Jan.).      Moree.           

Cape Coast.  Nyenasi.        

Dunkwa.         Ongwa (8 of 1928, 19th May.)        

Elimina.          Twifu. 

Imbraim                     

HO DISTRICT.

Ho (Order by Governor 34 of 1924, 25th Oct.).     Kpandu (Order by Governor 34 of 1924, 25th Oct.).        

Hohoe (Order by Governor 5 of 1931, 28th Nov.).            Ho Kpeve (Order by Governor 2 of 1931, 14th Feb.).           

KETA DISTRICT

Agoe.  Dzelukofe.     

Atititi.  Keji.   

Awunaga.       Keta.  

Denu.  Vodza.           

SALTPOND DISTRICT

Akra.   Nakwa.          

Anomabu (13 of 1936, 4th April).    Saltpond.       

SEFWI AOWIN DISTRICT

Anwiawso (Brahababun) (2 of 1931, 31st Jan.).   Enchi (4 of 1925, 14th Feb). Hunjibre.       

Asankrangwa (23 of 1930, 30th Aug.).       Sefwi Bekwai. Wiawso.      

VOLTA RIVER DISTRICT.

Abotia.            Kpeve (1 of 1931, 31st Jan.).         

Akuse.            Kpong.           

Anum. Odumasi.      

Bisa.   Senchi (3 of 1935, 2nd Feb.).         

Bukunaw (15 of 1931, 5th Dec.).     Somanya.      

Huhunya.                   

WASAW DISTRICT.

Aboso Damang (7 of 1928, 19th May).     

Aboso New Railway Station Area   Huniso.          

(15 of 1933, 16th Sept.).      Huni Valley.   

Adja Bepo.     Insu (15 of 1930, 17th May).           

Achim New Begoso (10 of 1935, 18th May).        

Akintanzie      Open Valley. 

Akropong (1 of 1929, 26th Jan.).    Prestea.        

Annamon (Cinnamon) Bepo            Subri. 

Ateiku.            Tarkwa (16 of 1917, 1st Sept.).      

Awudua.                    

Bogoso (6 of 1935, 16th March)                

WESTERN AKIM DISTRICT.

Achiasi.          Nkwanta (B7 of 1935, 3rd Aug.).    

Akim Swedru.            Oda.   

Jedem (11 of 1935, 15th June).                 

WINNEBA DISTRICT.

Abodum (11 of 1929, 16th Nov.).    Duakwa (12 of 1929, 16th Nov.).   

Agona Swedru.         Kwanyaku.    

Apam. Nsaba.           

Bereku.           Nyakrom        

Bobikuma (15 of 1929, 16th Nov.). Winneba.