(4) Where a foreign note is dishonoured, protest thereof is unnecessary. Part V. SUPPLEMENTARY. 90. A thing is deemed to be done in good faith, within Good faith. the meaning of this Ordinance, where it is in fact done honestly, whether it is done negligently or not. 91. (1) Where, by this Ordinance, any instrument or Signature. writing is required to be signed by any person, it is not necessary that he should sign it with his own hand, but it is sufficient if his signature is written thereon by some other person by or under his authority. (2) In the case of a corporation, where, by this Ordinance, any instrument or writing is required to be signed, it is sufficient if the instrument or writing be sealed with the corporate seal. But nothing in this section shall be construed as requiring the bill or note of a corporation to be under seal. 92. Where by this Ordinance the time limited for doing Computation any act or thing is less than three days, in reckoning time, of time. non-business days are excluded. "Non-business days" for the purposes of this Ordinance mean (a) Sunday, Good Friday, Christmas Day: (b) A day appointed by Ordinance, Proclamation, Any other day is a business day. equivalent to 93. For the purposes of this Ordinance, where a bill or When noting note is required to be protested within a specified time or protest. before some further proceeding is taken, it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding; and the formal protest may be extended at any time thereafter as of the date of noting. 94. Where a dishonoured bill or note is authorized or Protest when required to be protested, and the services of a notary cannot notary not be obtained at the place where the bill is dishonoured, any accessible. Dividend householder or substantial resident of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were formal protest of the bill. The form given in the Schedule to this Ordinance may be used with necessary modification, and if used shall be sufficient. 95. The provisions of this Ordinance as to crossed warrant may cheques shall apply to a warrant for payment of dividend. be crossed. Savings. No. 12 of 1889. 96.-(1) The rules of common law including the law (a) The provisions of the Stamp Ordinance, 1889, or of (b) The validity of any usage relating to dividend Section 94. SCHEDULE. FORM OF PROTEST WHICH MAY BE USED WHEN THE SERVICES OF KNOW ALL MEN that I, A. B. (householder), of day of 18 at in the Gold Coast Colony at the request of C. D., there being no notary public available, did on the demand payment (or acceptance) of the bill of exchange hereunder written, from E. F., to which demand he made answer (state answer, if any) wherefore I now, in the presence of G. H. and J. K., do protest the said bill of exchange. (Signed) A. B. G. H. Witnesses. J. K. N.B.-The bill itself should be annexed or a copy of the bill and all that is written thereon should be under-written. LAW OFFICERS. Ordinance No. 11 of 1894. AN ORDINANCE for the purpose of abolishing the office of Queen's Advocate and substituting therefor the offices of Attorney-General and Solicitor-General. [16th October, 1894. WHEREAS it is expedient that the office of Queen's Advocate of the Gold Coast Colony should be abolished and that the duties now discharged by such Queen's Advocate should be discharged by two officers to be called the Attorney-General and the Solicitor-General respectively; 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 Law Officers Short title. Ordinance, 1894." Advocate 2. From the date of the commencement of this Ordi- Office of nance the office of Queen's Advocate of the Gold Coast Queen's Colony shall be abolished and the offices of Attorney- abolished and General and Solicitor-General of the Gold Coast Colony Attorneycreated. offices of General and Attorney duties of 3. From the date of the commencement of this Ordi- created. nance the duties at present devolving upon the Queen's General to Advocate shall devolve upon the Attorney-General, and perform every Ordinance, Order in Council, proclamation, appoint- Queen's ment, regulation, notice and contract in which the term Advocate. Queen's Advocate occurs shall be read as if the designation Attorney-General occurred therein instead. General to 4. The Solicitor-General may perform any of the duties Solicitorof, and shall have the same powers as, the Attorney- have powers General. of AttorneyGeneral. ROADS. Ordinance No. 13 of 1894. AN ORDINANCE to provide for the better maintenance of the [20th October, 1894. WHEREAS it is expedient to make provision for the maintenance in good repair of the roads of the Colony and to give certain powers to chiefs for enforcing performance of the required labour. Be it therefore 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 Roads Ordinance, 1894." 2. It shall be lawful for the Governor in Council to order by proclamation in the Gazette that any road or portion of road in any part of the Colony shall be placed and kept in good condition and repair by the kings, chiefs or headmen of the respective districts, towns, villages or places through or by which such road or portion of road runs.* 3. Any king, chief or headman who shall within three months after notice of such order being given to him, or who shall at any time thereafter within one month from notice being given to him that such road or portion of road is not in a satisfactory condition, fail to place such road or portion of road in good condition and repair, shall be liable to a fine not exceeding fifty pounds. Such fine shall be recoverable before the Commissioner of the district and may be levied by distress, seizure and sale of the stoollands, or in the discretion of the Commissioner, of the moveable and immoveable property of the king, chief or headman making default in payment and not otherwise. *For roads proclaimed under this section, see Appendix, p. 1177. Every such notice as aforesaid shall be in writing signed by the Commissioner of the district. 4. It shall be lawful for any king, chief or headman on whom any such notice as aforesaid has been served to require all able-bodied men under his rule and residing within his jurisdiction to work on the road or portion of road mentioned in the order or notice on such days as he thinks necessary not exceeding six days in each quarter. Liability of able-bodied persons to labour on roads. refusing to 5. Every person required to work under this Ordinance Penalty for neglecting or refusing to work when called by the king, labour. chief or headman of any district, town, village or place in which such person resides or disobeying lawful orders whilst engaged on such work, shall be liable at the option of such king, chief or headman to punishment according to native customary law, or on summary conviction before the Commissioner to a fine not exceeding one pound or in default of payment to imprisonment for a term not exceeding one month with hard labour. 6. The Commissioner shall, on receipt of a certificate to Remuneration be given at the conclusion of the work from the officer of chiefs. appointed by the Governor to report on the state of the roads in his district that the necessary work has been performed and that the road or portion thereof is in a satisfactory condition, pay to the king, chief or headman who has performed such labour the sum of ten shillings for each mile of road, and shall thereafter at the end of each quarter on receiving the like certificate make a similar payment. Provided that it shall be lawful for the Governor if he is satisfied that there are special difficulties in repairing or maintaining in good condition any particular road or portion of road to authorize the Commissioner to pay a larger sum than ten shillings per mile in respect of such road or portion thereof. |