ACTS PASSED BY THE LEGISLATURE OF THE REPUBLIC OF LIBERIA DURING THE SESSION 1935-36 PUBLISHED BY AUTHORITY MONROVIA. FRANK T. GRIMES, Chief Printer, GOVERNMENT PRINTING OFFICE, (DEPARTMENT OF STATE) MONROVIA. 1936.
AN ACT TO AMEND THE KRUTOWN (MONROVIA) INCORPORATING ACT, APPROVED JANUARY 29TH, 1916.
Whereas by an Act of the National Legislature of the Republic of Liberia entitled “The Krutown Monrovia Incorporating Act” approved January 29th, 1916, the Borough of Krutown (Monrovia) was created and declared a Municipal Corporation; and
Whereas, the said Corporation of Krutown (Monrovia) was de- vided into six (6) Nominating Districts according to the principal tribes living within the limits of the Corporation; and
Whereas, the Marrow which is composed of the Elue Barrow, Woodee, War Upper & Lower, Yannoo, Tartutweh and Draho clans, and the Panh which comprises the tribes of Sasstown, Grand Cess, Boas, Kplepoh, Farpoh, Gbepoh and Borloh were not given separate showings on the list of groups enumerated in said Acts; and
Whereas, the said Marrow had been erroneously emalagamated with the Kan, and the Panh similarly with the Jiworh contrary to grouping of tribes known and recognized among the Kru tribes; and
Whereas, petitions emanating from representatives of these two groups namely the Marrow and the Panh indicated their desire to have separate and distinct representations in the Council of the Governor of Krutown (Monrovia); and
Whereas, in the genuine interest of the Government, the principal tribes living within the limits of the Corporation of Krutown should be, as far as practicable, represented equally in the Council of the Governor; therefore
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the Marrow and Panh in the Corporation of Krutown Monrovia are hereby declared Nominating Districts.
Section 2. That the said Marrow and Panh shall be entitled to all the rights and privileges enjoyed by the other Nominating Districts of the Corporation.
Section 3. That Section 9 of the Krutown Monrovia Incorpor- ating Act approved January 29th, 1916, shall be amended to read as follows.
Krutown shall be divided into eight (8) Nominating Districts according to the principal tribes living within the limits of the Corporation, viz:
Kru
Bassa
Jiwroh
Grebo
G’bats
Marrow
Ka-u
Panh
Section 4. This Act shall take effect immediately and be Published in hand bills.
Any law to the contrary notwithstanding.
Approved January 25, 1936.
AN ACT AMENDING SECTION 36 OF THE REVISED STATUTES OF LIBERIA RELATING TO BONDS OF PUBLIC SERVANTS AND OFFICIALS.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the Passage of this Act, Section 36 of the Revised Statutes of Liberia providing for bonds to be given by Public Servants and Officials, be and the same is hereby amended to provide, that whenever such a bond is violated by any Public servant or official, the penal sum named in said bond shall automatically become a debt in favour of the Republic and shall be recoverable before the Circuit Court in its Law Division.
Section 2. That the principal evidence to be admitted at the trial of said case should not exceed the authenticity of the bond, and proof or disproof of the violation of its obligation.
Section 3. That said bond being in the nature of a contract between the Government and its Servants, shall be by the Court treated as an expressed Contract and in all cases the assets of the principal shall be first exhausted.
Section 4. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved January 20, 1936.
PUBLIC ACTS OF THE THIRTY- EIGHTH LEGISLATURE OF THE REPUBLIC OF LIBERIA Passed at their First Session which was begun and held at the City of Monrovia, County of Montserrado, the Second Monday in December A. D. 1935 and was adjourned without day on the 5th day of March A. D. 1936. CHAPTER I AN ACT TO PROVIDE FOR BETTER SAFETY OF PASSENGERS TRAVELLING IN STEAM LAUNCHES FROM PORT TO PORT IN THIS REPUBLIC. It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled: Section 1. That from and immediately after the passage of this Act it shall be unlawful for any Steam Launch to steam or sail out of any Port in this Republic for another without at least one gig, boat or safe Accra canoe on board for the use of the passengers in case of accident or other danger on sea. The said gig, boat or Accra canoe to be outfitted with oars, oar-locks and a rudder, or canoe paddles. Section 2. Any owner of a steam launch who shall violate the provisions of this Act shall be subjected to prosecution for misdemeanor and upon conviction shall be fined in a sum of not more than two hundred and fifty dollars of each violation of the provisions of this Act.
Section 3. This Act shall be published in hand- bills and shall become effective after three months from the date of publication.
Any law to the contrary notwithstanding. Passed by limitation. December 16, 1935.
CHAPTER II
AN ACT TO CONFER MILITARY RANK OF COLONEL ON THE MARSHAL OF THE SUPREME COURT OF THE REPUBLIC OF LIBERIA.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and after the passage of this Act, the Marshal of the Supreme Court of the Republic of Liberia shall carry the military rank of Colonel of the Liberian Army.
Section 2. That the President is hereby authorized, when issuing commission to the Marshal of the Supreme Court, should he not be at the time Colonel of the Liberian Army, to order issued a military commission to him.
Any law to the contrary notwithstanding. Passed by limitation. January 20, 1936
CHAPTER III
AN ACT AMENDING SECTION 36 OF THE REVISED STATUTES OF LIBERIA RELATING TO BONDS OF PUBLIC SERVANTS AND OFFICIALS.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, Section 36 of the Revised Statutes of Liberia providing for bonds to be given by Public Servants and Officials, be and
the same is hereby amended to provide, that whenever such a bond is violated by any public servant or official, the penal sum named in said bond shall automatically become a debt in favour of the Republic and shall be recoverable before the Circuit Court in its Law Division.
Section 2. That the principal evidence to be admitted at the trial of said case should not exceed the authenticity of the bond, and proof or disproof of the violation of its obligation.
Section 3. That said bond being in the nature of a contract between the Government and its servants, shall be by the Court treated as an expressed contract and in all cases the assets of the principal shall be first exhausted.
Section 4. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved January 20, 1966.
CHAPTER IV
AN ACT PROVIDING FOR THE REORGANIZATION OF THE MILITIA OF THE REPUBLIC OF LIBERIA.
Be it enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, the President of Liberia is hereby authorized to summons a Special Military Council not more than seven (7) in number to be composed of the best military officers of the Republic, and said Council shall be presided over by a general officer who shall be designated by the President.
Section 2. That the said Council shall meet in the City of Monrovia at such time as shall be appointed by the President, provided that its Report shall be ready to be submitted to the National Legislature at its Session in October A. D. 1966.
Section 3. That the Council herein provided for shall draft plans for the entire reorganization and training of the Militia, and shall submit the findings of their deliberation to the Commander- in- Chief, who shall forward same to the Legislature with his recommendations for enactment into law.
Section 4. That the said Council shall be entitled to one clerk and three orderlies who shall be compensated as provided for in section 5 hereof.
Section 5. That the members and officers of said Council shall receive compensation as is already provided for by law with the exception that where any officer so appointed by the President receives a monthly salary from the Government, he shall serve on said Council without per diem fee, but shall be entitled to mileage and quarters if not resident of Monrovia
Section 6. That the said Council shall remain in Session for not more than twenty days legal.
Section 7. The expenses of this Council shall be chargeable to Military expenses and must be the first charge on the amount appropriated in the 1936 Budget, and the Secretary of the Treasury is hereby authorized to retain said amount until the said expenses of the Council are meted out.
Section 8. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding. Passed by limitation.
CHAPTER V
AN ACT APPROPRIATING TWO HUNDRED DOLLARS ($200.00) FROM THE TOWNSHIP FUNDS OF THE SETTLEMENT OF ROYESVILLE IN MONTSERRADO COUNTY, FOR THE CON- STRUCTION OF A SUBSTANTIAL BRIDGE ACROSS THE FALL CREEK ON THE CENTRAL AND COMMERCIAL ROAD LEAD- ING FROM ROYESVILLE THROUGH LITTLE CAPE MOUNT TO GRAND CAPE MOUNT.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, the sum of two hundred dollars ($200.00) be and the same is hereby appropriated from the Township Funds of the Settlement of Roovesville for the construction of a Bridge across the Fall Creek on the Central and Commercial Road leading from Roovesville through Little Cape Mount to Grand Cape Mount.
Section 2. That the Secretary of the Treasury be, and is hereby authorized to secure bids and estimates of said bridge and to construct same.
Section 3. That the Secretary of the Treasury under Warrant of the President of Liberia be and he is hereby authorized to draw for same out of any monies of said Township of Royesville, County of Montserrado not otherwise appropriated.
Section 4. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding. Passed by limitation.
CHAPTER VI
AN ACT PROHIBITING THE IMPORTATION OF FOREIGN RICE INTO THE REPUBLIC OF LIBERIA.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act. it shall be unlawful for any person or persons, firm or corporation, to import into the Republic of Liberia from any foreign country. any foreign rice of whatever kind, except in manner and upon conditions specified in section 2 of this Act.
Section 2. That in extreme cases of necessity where there is a shortage of rice crop at any period, or other emergency reason in the Republic. the President shall and is hereby authorized to issue special permit through the Treasury Department. R. L. for the importation of a sufficient quantity of foreign rice to supply said immediate shortage or emergency according to the spirit and intent of this Act.
Section 3. The penalty for the violation of this Act shall be, the confiscation of any rice imported otherwise than herein provided, and payment of a fine not more than five hundred dollars, or imprisonment for not more than one calendar year.
Section 4. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding. Passed by limitation.
CHAPTER VII
AN ACT AMENDING SECTION 430, PAGE 497 OF THE CHAPTER ON APPEALS AS CONTAINED IN VOLUME I OF THE REVISED STATUTES OF LIBERIA.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislative assembled:
Section 1. That Section 430, page 497 of the Chapter on Appeals as contained in Volume I of the Revised Statutes of Liberia, be so altered and amended as to read:
The appellate Court might dismiss an appeal upon motion properly taken for any of the following reasons only:
Non- appearance of appellant. Failure to file an approved appeal bond, or where said bond is materially defective. Failure to file approved Bill of Exception. Failure to file appeal in Appellate Court within 60 days after final judgment.
Section 2. That said section shall be so amended to read: that no act or omission of a Judge, or any officer of Court shall effect the validity of an appeal, but such act, mistake or negligence shall be remedied by some appropriate order of the Appellate Court so as to promote justice.
Any law to the contrary notwithstanding.
Passed by limitation.
January 23, 1936.
1935-36 CHAPTER VIII
AN ACT APPROVING THE BUDGET PRESENTED BY THE SECRETARY OF THE TREASURY, REPUBLIC OF LIBERIA AND PROVIDING FOR THE EXPENSES OF THE GOVERNMENT FOR THE FISCAL YEAR JANUARY 1, 1936 TO DECEMBER 31, 1936.
It is enacted by the senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. From and immediately after the passage of this Act, the Budget presented by the Secretary of the Treasury R. L. for the year 1936 be approved and he is hereby authorized to meet the expenses of the Government from January 1, 1936 in sums mentioned hereunder, under warrant of the President.
Any law to the contrary notwithstanding.
Approved January 23, 1936.
CHAPTER IX
AN ACT TO AMEND THE KRUTOWN (MONROVIA) INCORPORATING ACT, APPROVED JANUARY 29TH, 1936.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Whereas, by an Act of the National Legislature of the Republic of Liberia entitled “The Krutown (Monrovia) Incorporating Act” approved January 29th, 1916, the Borough of Krutown (Monrovia) was created and declared a Municipal Corporation; and
Whereas, the said Corporation of Krutown (Monrovia) was divided into six (6) Nominating Districts according to the principal tribes living within the limits of the Corporation; and
Whereas, the Martraw which is composed of the Blue Barrow, Woodee, Wor Upper and Lower), Yannoo, Tartutweh and Drabo clans, and the Panh which comprises the tribes of Sasstown, Grand Cess, Boao, Kplepoh, Forpoh, Gibepoh and Borloh were not given separate showings on the list of groups enumerated in said Act; and
Whereas, the said Martraw had been erroneously amalgamated with the Kau, and the Panh similarly with the Jiworh contrary to grouping of tribes known and recognized among the Kru tribes; and
Whereas, petitions emanating from representatives of these two groups namely the Martraw and the Panh indicated their desire to have separate and distinct representations in the Council of the Governor of Krutown (Monrovia); and
Whereas, in the genuine interest of the Government, the principal tribes living within the limits of the Corporation of Krutown should be, as far as practicable, represented equally in the Council of the Governor: Therefore
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the Martraw and Panh in the Corporation of Krutown (Monrovia) are hereby declared Nominating Districts.
Section 2. That the said Martraw and Panh shall be entitled to all the rights and privileges enjoyed by the other Nominating Districts of the Corporation.
Section 3. That Section 9 of the Krutown (Monrovia) Incorporating Act approved January 29th 1916 shall be amended to read as follows:
Krutown shall be divided into eight (8) Nominating Districts accord ing to the principal tribes living within the limits of the Corporation, viz:
Kru
Jiworh
G’bato
Ka- u
Bassa
Grebo
Martraw
Panh
Section 4. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved January 25, 1936.
CHAPTER X
AN ACT TO REPEAL AN ACT ENTITLED AN ACT AMENDING THE CHARTER OF THE CITY CORPORATION OF ROBERTS- PORT. PASSED AND APPROVED NOVEMBER 2, 1916, AND CREATING IT “THE MUNICIPAL DISTRICT OF ROBERTSPORT, GRAND CAPE MOUNT.”
It is enacted by the Senate and House of Representatives of the Republic of Liberian in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, the Act entitled “An Act amending the Charter of the City Corporation of Robertsport,” passed and approved November 2, 1916, be and the same is hereby repealed.
Section 2. That all of that portion of territory in the County of Grand Cape Mount heretofore known as the City Corporation of Robertsport, bounded as follows: from the Atlantic Ocean one (1) mile inland, and from the boundary of Ancorville two (2) miles to the point known as Gunner’s Point, be and is hereby created, and shall be known as the Municipal District of Robertsport and is hereby constituted a Municipal Body corporate, and in that name, may sue and be sued, plead and be implead, and do all other acts common to similar municipal districts corporate.
Section 3. That the Municipality of Robertsport shall have a Seal and perpetual succession.
Section 4. The officers of the said Municipality shall be a Commissioner, who shall be the chief administrative official; an Inspector of Public Works; a Chief of Police; a Police Magistrate; three Associate Magistrates; a Municipal Clerk; and a Municipal Court Clerk, all of whom shall be commissioned by the President of the Republic with the advice and consent of the Senate, and shall hold their offices during the pleasure of the President.
Section 5. There shall be a Municipal Board to be composed of the Commissioner, Inspector of Public Works, and the Chief of Police. This Board shall have authority in the name of said Municipality to make and enforce regulations and ordinances for the government of said Municipality of Robertsport, not incompatible with any existing laws of the Republic. Said regulations and ordinances shall have full force of law when made, within the said Municipality, providing
they are approved by the President of Liberia. All regulations and ordinances made and approved as herein provided, shall become law after thirty (30) days’ publication in three conspicuous places in the said Municipality and all regulations and ordinances heretofore extended within the municipal district of Robertsport shall have full force of law within said Municipality until otherwise ordered repealed by the Municipal Board herein provided for.
Section 6. The Commissioner of this Municipal Board shall take over from the Mayor and the Common Council all books. papers and funds together with any other property of the city, and shall cause to be registered all assets, claims and liabilities of the city, and shall file a copy with the Secretary of the Treasury.
Section 7. There shall be a Municipal Court in said Municipality to be presided over by the Police Magistrate, and the jurisdiction of said court shall be the same as that of the Justice of the Peace within the limits of said Municipality. The Municipal Court Clerk shall be the clerk of said Court and shall issue all Writs by direction of the Police Magistrate and shall receive fees thereof as provided for Justices of the Peace in the Justice Code. He shall also perform such other duties as may be required of him by the Police or other Magistrate.
Section 8. The three (3) Associate Magistrates shall be accessible for the benefit of a change of venue, and it shall be the privilege of any defendant summoned or arrested in a civil or criminal case, upon appearing before the Police Magistrate, to notify him of his desire of a change of venue to either of the Associate Magistrates. Upon such notification it shall be the duty of the Police Magistrate to forthwith inform the Associate Magistrate named by the defendant of the change of venue; and such Associate Magistrate shall forthwith dispose of said case under the provision of Trials prescribed in the Code of the Justice of the Peace.
Section 6. The Police Court shall have authority to punish for contempt and preserve order in their courts, and enforce its writs and orders in the same manner as Justices of the Peace.
Section 10. It shall be the duty of the Chief of Police to serve or cause to be served all writs issued by said court and to serve as ministerial officer therein or detail any policeman to perform these duties.
Section 11. Appeals may be taken from any judgment of the Police or any Associate Magistrate to the Circuit Court in the manner as prescribed for appeals from Justices of the Peace.
Section 12. One- half (1) of all Liquor Licenses, and all Wholesale and Dry Goods Licenses, Road Taxes, Market Fees and other such Taxes and rates that may be created by the said Municipal Board and accruing within the limits of the Municipality shall be revenues of said municipal district for meeting its running expenses.
Section 13. The Commissioner of the said Municipality shall receive a salary of two hundred and fifty dollars ($250.00) per annum; the Police Magistrate one hundred and fifty dollars ($150.00 per annum; the Inspector of Public Works one hundred dollars ($100.00) per annum; the Chief of Police one hundred dollars ($100.00) per annum and fees for services as allowed to constables under the Justice of the Peace Code.” Municipal Clerk ninety- six dollars ($96.00) per annum and Associate Magistrate one dollar ($1.00) for each judgment rendered by them. These salaries are to be budgeted and paid by the Secretary of the Treasury monthly.
Section 14. There shall be a constabulary to be composed of not more than eight (8) policemen who shall receive a monthly salary of two dollars ($2.00 each, and are entitled to fees as provided in the “Justice of the Peace Code.” except for serving writs and attending court, and they shall perform such duties as may be required of them by law, the Chief of Police and the Bureau of Sanitation.
This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved January 27, 1936.
CHAPTER XI
AN ACT PROVIDING FOR THE APPROPRIATION OF CERTAIN PUBLIC MONIES FOR SUNDRY PURPOSES.
Whereas the Secretary of the Treasury having reported to the Legislature that certain revenues of Government for the year 1935, additional to the amounts appropriated by Act of the Legislature approved January 23, 1935, are now available in the Public Treasury for additional appropriation.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. In accordance with the provisions of Section II, paragraph (c), of the Agreement Supplementary to the Loan Agreement of 1926, dated January 1, 1935, excess revenues and receipts of Government for the year 1935, in an amount of sixteen thousand five hundred eighty- five dollars and ninety- seven cents ($16,585.97) be, and are hereby appropriated for the following purposes:
(1) At least 33%, or ($5,528.66), to be applied to Amortization of the Bonds issued and outstanding under the terms of the Loan Agreement of 1926, and / or under the terms of the Agreement Supplementary to the Loan Agreement of 1926, dated January 1, 1935;
(2) At least 33%, or ($5,528.66), to be applied to the liquidation of the principal only of the Government’s floating debt existing on December 31, 1934, and
(3) The remaining 33%, or ($5,528.66) to be applied to the payment of unpaid election expenses for the year 1935.
Section 2. That the Secretary of the Treasury be, and he is hereby authorized, under warrant of the President, to apply the amounts specified herein for unpaid election expenses equally between the Counties of Grand Bassa, Sinoe, Mary- land and Grand Cape Mount only.
Section 3. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved February 2, 1936.
CHAPTER XII
AN ACT RELATING TO ROYALTIES DERIVED FROM MINING CONCESSIONS.
Whereas, it is requisite that adequate funds be provided for the social, economic, educational and health development of the hinterland,
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, no less than 25% of all royalties deriveable from Mining Concessions granted by Government of Liberia shall be set aside and constituted a Trust Fund for social, economic, educational and health improvement of the several hinterland districts.
Section 2. Said funds shall be administered by Trustees The Trustees of said funds shall be:
The President of the Republic, The Secretary of the Treasury, and The Secretary of the Interior.
Section 3. In every year said Trustees shall, out of said fund, pay such proportions of money placed to the credit of the said fund during that year as they shall in their absolute discretion determine, to the several district administrations, to be applied to improvements as hereafter specified, viz:
(a) The establishment and maintenance of schools for the educational and industrial training of the inhabitants of any or all of the several districts of the Republic.
(b) The establishment of hospitals, clinics and other preventive health agencies.
(c) The improvement and development of agriculture through the agricultural societies in conformity with section 3 of the Agricultural Societies Acts of 1936.
(d) Improvement of and prevention of diseases among cattle and other domestic animals.
(e) For re-foresting denuded land areas.
Generally such other purposes as in the opinion of the Trustees may be for the direct benefit and improvement of the population of the several hinterland districts.
Section 4. Any moneys at any time standing to the credit of the said Fund and not immediately required for any of the objects set forth in the last preceding section may be invested by the said Trustees at their discretion.
Section 5. The District Commissioners of the several districts, and the Provincial Commissioners, shall be appointed by the President from time to time as an Advisory Committee to advise said Trustees in matters connected with the Trust.
Section 6. The accounts of the Trust Fund shall be kept by the Treasury Department and shall be audited by the Government Auditor. A statement of said account shall be published semi- annually in July and in December of each year, in the Official Gazette.
Section 7. No action shall lie in any court of law against any member of the Trust in respect of anything done or omitted by them in the exercise or supposed exercise of the powers, or in the performance or supposed performance of the duties vested in or imposed on him by this Act.
Section 8. Nothing contained in this Act shall affect the right of Government, under the Mining Laws, in respect of fees derivable for prospecting licenses or authorization for exploitation of mining rights, or the Government’s right to all royalties, or other taxes on or in respect of mining.
Section 9. The President may make rules for the better and more convenient execution of this Act, and particularly in respect of:
a The prescription of the objects on which moneys paid out of the Trust to any Tribal Authority shall be expended for the benefit of the chiefdom, and
(b) The supervision and control of such expenditure.
Any law to the contrary notwithstanding.
Approved February 14, 1936.
CHAPTER XIII
AN ACT AUTHORIZING THE PRESIDENT TO NEGOTIATE AND ENTER INTO AGREEMENT WITH FOREIGN FIRMS FOR MINTING LIBERIAN COINS AND PRINTING POSTAL STAMPS; AND PROVIDING FOR THE APPLICATION OF FUNDS DE- RIVED FROM THESE SOURCES.
It is enacted by the Senate and House of Representatives of the Republic of Liberian in Legislature assembled:
Section 1. The President is hereby authorized to arrange for the minting of Liberian Coins, provided that the nominal value of such coins shall not exceed $150,000 and provided further that no coin of a valuation higher than 10 cents shall be minted.
Section 2. The President is hereby authorized to make arrangements with a foreign firm for printing of Liberian Postal Stamps and to grant such firm the exclusive right of disposition of any surpluses left over and above the postal requirements of the Republic.
Section 3. The revenues obtained from sources mentioned in sections 1 and 2 of this Act shall be considered as Extraordinary Revenue of the Republic. They shall not be included in the general Budget, but placed in Trust in a bank or some other place designated by the President until used in conformity with section 4 of this Act.
Section 4. The Secretary of the Treasury shall, not later than on November 15 of the current year and of each subsequent year whenever an extraordinary revenue is obtained. (section 2) present to the Legislature an Extraordinary Budget in which
All funds available shall be appropriated exclusively for permanent investments in:
(a) Agriculture, Commerce and Industry.
(b) Roads,
(c) Public Credit.
(d) Sanitary and Medical work.
(e) Education.
At least 25% of the total shall be appropriated for the Road Building Program.
Any law to the contrary notwithstanding.
Approved February 14, 1936.
CHAPTER XIV
A JOINT RESOLUTION GIVING FULL POWER TO THE PRESIDENT OF LIBERIA TO DEAL WITH ANY SITUATION WHICH MIGHT ARISE IN CONSEQUENCE OF THE LEAGUE’S SANCTIONS AGAINST ITALY.
Whereas, during the interim of the National Legislature of Liberia a state of war existed and still exists between the Kingdom of Italy and the Ethiopian Empire; and
Whereas, it was practically unanimously decided by the League of Nations, of which the Republic of Liberia is a member, that Italy was the aggressor, in utter violation of Article 12 of the Covenant of the League, which invoked a policy of sanctions against Italy by the League; and
Whereas, His Excellency the President of Liberia, in consideration of this Government’s obligation under the Covenant of the League did, on the 18th day of November A.D. 1955, as also by Executive Interpretative Order No. 4, of December 2, 1955, proclaim the sanctions covered by the League’s decision; therefore
It is resolved by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the action of the President in this emergency, be and the same is hereby approved.
Section 2. That in consequence of any situation that might arise in the development of the League’s policy mentioned herein; His Excellency the President of Liberia be, and he is hereby authorized and given full powers to take steps in the name of the Republic, in manner compatible with international decency, decorum and security.
Section 3. This Joint Resolution shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved February 17, 1966.
CHAPTER XV
JOINT RESOLUTION RATIFYING AN AGREEMENT CONCLUDED BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LIBERIA, THE FINANCE CORPORATION OF AMERICA AND THE NATIONAL CITY BANK OF NEW YORK, SUPPLEMENTARY TO AND AMENDATORY OF THE AGREEMENT OF 1926 AND AMENDED BY A SUPPLEMENTAL AGREEMENT CONCLUDED AS OF JANUARY 1, 1935 AND THEREAFTER RATIFIED BY THE LEGISLATURE OF LIBERIA JUNE 7, 1935.
Whereas the Agreement entered into between the Government of the Republic of Liberia, The Finance Corporation of America, a Corporation organized and existing under and by virtue of the laws of the State of Delaware, United States of America, and the National City Bank of New York, a National banking Association organized and existing under the laws of United States of America, as of the first day of September 1926, and amended by the Supplementary Agreement of January 1, 1935 and ratified by Joint Resolution of the National Legislature of Liberia June 7, 1935, has been amended by a Supplementary Agreement concluded by the same contracting parties, a copy of which draft agreement is hereto annexed and appears to be satisfactory to the Legislature: Therefore,
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the Agreement Supplemental to and amendment of the Loan Agreement of 1926, mentioned in the preamble hereof, is hereby ratified and approved, and the President of Liberia is hereby authorized and empowered to give full force and effect to the provisions hereof as set forth in the copy of said Agreement appended to this Joint Resolution and made a part thereof.
Section 2. This Joint Resolution shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved February 24, 1936.
CHAPTER XVII
AN ACT RELATING TO MATRIMONIAL CAUSES.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and after the passage of this Act, all laws or parts of laws conflicting in any way with the provisions of this Act, are hereby repealed.
Section 2. This Act shall be known as The Matrimonial Causes Act, and shall become enforceable as law from the date of its publication.
Section 3. The term Registrar, when used in this Act, shall refer to the Registrar of Marriages.
Section 4. Any male and female shall be entitled to marry where there exists no legal disability under the provisions of this Act.
Section 5. The following causes shall constitute legal disabilities, and for them, a marriage shall be voidable:
(a) Should the male partner be less than twentieth-one years old or the female less than eighteen years.
(b) Incurable impotency existing prior to marriage, of which the other party was not aware.
(c) Venereal disease contracted prior to, or during marriage, by one party and communicated to the other, during marriage.
(d) Where either party is an idiot or a lunatic.
(e) Any physical condition which renders cohabitation impossible.
Section 6. To annual a marriage upon the grounds of either of the disabilities enumerated in Section 5 of this Act, it shall be necessary to file a complaint as in other causes at law, verified by the plaintiff’s oath, alleging such disability and proving it at the trial.
The other party may contest the complaint of the plaintiff by filing an answer denying the allegations stated in the complaint or the law controlling such cases or both.
All pleadings in such cases shall be governed by the general rules of practice and pleadings in Courts of law under the Statute relating to practice and pleadings, and shall be commenced in like manner.
Section 7. Parents, guardians or other persons standing in loco parentis may bring action to annul a voidable marriage for the disability set out in Section 5, sub section (a). In no case may the parties to a marriage bring an action to annul such marriage for this disability.
Section 8. A marriage may be annulled for the disabilities or either of them enumerated in Section 5, sub- sections (b): (c); (d) and (e).
To sustain an action for the annulment of a marriage because of the disabilities referred to in this Section, there must be the testimony of a qualified Medical Physician or his written deposition taken under rule of the Statute; or upon the admission of the party suffering under the disability; provided however, that should the party alleged to be suffering under the disability in any case refuses or avoids a medical examination, upon the demand of the accusing party, such refusal or avoidance being conclusively proven, the disability shall be regarded as proven and the marriage thereupon be annulled
Section 9. Actions for annulling marriages because of legal disabilities under the provisions of this Act, must be brought and commenced within six months after the discovery of the disability.
Section 10. A woman who knowingly marries a man against whom a judgment annulling a prior marriage on the ground of incurable impotency has been granted, shall not be entitled to bring an action of divorce against him on the grounds mentioned in Section 5 sub- sections (b); (c) and (e), nor for any cause arising under section 26, sub- sections (a) and (g).
Section 11. The following marriages shall be void ab initio:
(a) A marriage between parties who at the time of their marriage are already married to another husband or wife.
(b) Marriages performed without the license prescribed by this Act.
(c) Marriages between parties within the prohibited degrees of relationship by consanguinity, that is to say: mother or father; sister or brother; first cousins; uncle or aunt; nephew or niece.
Section 12. Persons desiring to be married, shall apply to the Registrar for an application form, which shall be furnished without cost. They shall fill in the form, sign and return it to the Registrar with 25 cent revenue stamp affixed.
The application having been returned and filed, the Registrar shall immediately publish notice of such application having been made, and five days thereafter he shall be authorized, if no objections be made, to issue a license to the parties, authorizing any ordained minister, judge of any court, justice of the peace or other magistrate to perform the marriage.
Each marriage license shall carry a stamp duty of five dollars ($5.00) and the Registrar shall receive for his personal compensation two dollars and fifty cents ($2.50) for each license issued by him.
Section 13. No license shall be issued in cases where the parties desiring to marry or either of them is under the ages prescribed in section 5. sub- section a) of this Act without a certificate from the parents, guardian or person standing in loco parentis certifying their consent to such marriage; in which case, such parents, guardian or person standing in loco parentis shall be stopped from thereafter bringing action for the annulment of such marriage upon the grounds of non- age.
Section 14. The form of an application for marriage license shall be as follows.
APPLICATION FOR MARRIAGE LICENSE.
The undersigned. of the of aged and of the of aged hereby
make application to the Registrar of Marriages for County for license to marry.
The applicants hereby certify that to the best of their knowledge, there exists no legal barrier to their becoming husband and wife, and that they are willing and prepared to perform all of the acts required by law to entitle them to be joined in marriage.
They certify further, that upon their receiving license to marry, they will have the rite performed within seven days after receipt of their marriage license.
WITNESSES:
Dated this day of A.D.19
Section 15. The Form of a Marriage License shall be:
REPUBLIC OF LIBERIA.
County
MARRIAGE LICENSE
License is hereby granted to any ordained minister of the Gospel. Judge of any Court. Justice of the Peace or other Magistrate to solemnize or perform a marriage between and within seven days of the date hereof.
The Celebrant shall make returns of this license to the Office of the Registrar of Marriages certifying to the day and date of the performance of the marriage ceremonies.
The Celebrant will take note that failure to return this license to the Office of the Registrar, properly endorsed, shall render him liable to forfeit to the Republic of Liberia the sum of fifty dollars ($50.00), payable into the Public Treasury.
Given under my hand at the of County A.D.19
Registrar of Marriages for the County of
Section 16. Should the parties obtaining license to marry fail to have the same performed within seven days thereafter, they shall forfeit and pay to the Republic of Liberia the sum of two hundred dollars ($200.00).
Section 17. The Celebrant of every marriage shall endorse on the back of said license a certificate in the following form, and shall return same to the Registrar within forty eight (48) hours after the performance of the marriage under a penalty of fifty dollars ($50.00) for such neglect or failure.
FORM OF RETURN
I hereby certify that I have performed the within authorized marriage between and on the day of A.D.19 at the of County of
Dated this day of A.D.19
CELEBRANT.
Section 18. Persons desiring to marry, may in cases of emergency obtain a special license to marry at any time, notwithstanding the provisions of Section 12 of this Act, provided, the applicant pay a special stamp duty of twenty dollars ($20.00) and five dollars ($5.00) for personal compensation of the Registrar.
Section 19. All applications for license to marry and marriage license, shall be recorded by the Registrar in a book to be provided for that purpose, and he shall annually make reports to the Department of State and deposit therein at the end of every calendar year all such records, applications and licenses, and the record book as it is filled up.
Section 20 A husband shall be responsible for the maintenance and support of his family, and for the education of his children and wards. Where he neglects or refuses to support or maintain his dependents, he may be compelled so to do by complaint filed by any member of his family or by any public authority.
Where he neglects or refuses to maintain or support his dependents, upon complaint made by any member of his family or by any public authority, he shall be compelled by any court having jurisdiction over matrimonial causes to provide such maintenance and support; in case of his failure or refusal to comply with the judgment of court, execution shall be issued against any of his property or credits to be applied for the support and maintenance of such dependents.
Section 21. The following persons shall be regarded as members of a husband’s family, whom he shall maintain and support:
(a) Wife,
(b) Children (legitimately born, legitimated or adopted under the laws of the Republic),
(c) Any other person under age or aged person whom a husband shall take into his home and assume responsibility for; so long as such person remains in his home and under his jurisdiction.
Section 22. Actions may be brought by any public authority upon the complaint of any member of a husband’s family against the husband for any neglect or refusal to perform his duty of maintaining and supporting his family by filing a complaint, stating the neglect or refusal, the relationship and the dependence of the plaintiff upon the defendant. Such complaint may be filed at any time and shall be heard and determined by the court summarily.
Section 23. The defendant may appear and file an answer confessing judgment or to excuse or justify his conduct, and the plaintiff may thereafter reply to the answer of the defendant.
Upon filing the reply, the Judge of the Circuit Court sitting in equity shall proceed to try the issue in keeping with the principles and rules of equity.
Section 24. An appeal shall lie from every such final decree to the Supreme court, but the decree of the court of original jurisdiction shall be enforced immediately and shall continue in force pending the decision of the appellate court.
A decision of the appellate court reversing the decree of the court of original jurisdiction shall extend only to
preventing the further enforcement of the lower court’s decree and no reimbursement of cost or other amounts paid by appellant under the decree of the lower court shall be required to be made to appellant.
Section 25. The father shall be the custodian of his children as against the claim of any person whomsoever; but should the father be unable, or neglect, or be morally unfit to perform his paternal, legal, moral and natural duties towards his children, and the mother or other person be capable so to do, the children may be entrusted to such mother or other person upon petition made to a court of equity showing and proving such inability, neglect or moral unfitness in the father.
DIVORCE
Section 26. A divorce dissolving a marriage may be granted for the following causes:
(a) Adultery, committed by either the husband or the wife during marriage;
(b) Incompatibility of temper;
(c) Cruelty;
(d) Incurable Insanity;
(e) Desertion of either the husband or wife for a period of not less than one year;
(f) Conviction of a husband or wife for a criminal offence the sentence for which is imprisonment for five years or more;
(g) Incurable venereal disease either in the husband or the wife.
Section 27. A husband or wife charging the other with adultery, shall file a complaint in the Circuit Court, Law Division, naming the co- respondent and serving a copy of the complaint on the defendant and the co- respondent.
Should the defendant and or the co- respondent be without the territory of the Republic, or their where- abouts be unknown, then and in that case the plaintiff shall, along with
the constructive summons required by Statute, publish the complaint in a newspaper, of general circulation.
Pleadings in actions of divorce shall be conducted as in other civil causes except where such procedure is irreconcilable with the provisions of this Act.
Section 28. A co- respondent having received a copy of the complaint of plaintiff, may file a special appearance and answer the complaint of plaintiff and defend against the plaintiff’s action.
Section 29. The following causes shall be legal bars against the granting of divorces for adultery even if the accused be guilty of the charge, and may be pleaded in the answer of the defendant.
(a) Recrimination: Where the defendant alleges and proves that the plaintiff has been guilty of adultery, within three years of commencement of the suit of which the defendant has not forgiven plaintiff.
(b) Condemnation: Where it is shown and proved that the plaintiff has condemned or forgiven the defendant or with full knowledge of the adultery has lived and cohabited with the defendant thereafter.
(c) Procurement: Where the plaintiff induced, persuaded or procured and facilitated the commission of adultery by defendant.
Section 30. In actions of divorce brought for adultery, the proof shall be the same as is required for proving facts in other civil causes, and the preponderance of evidence doctrine shall control the verdict and judgment.
Section 31. A defendant in an action of divorce for adultery may apply at any time before verdict for an order of court to file an answer “nunc pro tunc” for the purpose of raising the defence of condemnation, which may have occurred since the commencement of the suit, provided however, that the defendant had filed an appearance within the time prescribed by Statute.
Section 32. Should an action of divorce be brought by a husband against a wife on the ground of adultery and the
charge be proven at the trial, the jury shall give a verdict annulling the marriage and assess damages against the co- respondent. The amount of damages shall be included in the jury’s verdict pronouncing the adultery proven.
In actions of divorce brought by a wife against a husband on the ground of adultery should the adultery be proven against him, the judge in rendering final judgment, shall adjudge that the wife receive alimony not to exceed one- third of his real and personal property.
A husband’s real property assigned to a wife upon a judgment for divorce under the provisions of this section, shall be vested in her during her natural life only; and at her demise shall descend to her children begotten by said husband, should there be no heirs of hers by the former husband surviving and in case he be alive the property shall revert to him and in case he has previously died the same shall descend to his next of kin.
Section 44. Incompatibility of Temper shall be regarded to exist where either the husband or the wife is so extremely quarrelsome and intolerably pugnacious to the other that life together between them becomes notoriously dangerous.
The complaint in such case must distinctly state particular acts repeatedly done conclusively to show the incompatibility and must be proven at the trial sufficiently to convince the jury that it does exist.
The complaint must further allege and it must be proven that such traits were not discovered by plaintiff to have existed prior to and at the time of marriage.
The defendant may defend against the complaint by showing justification for such acts alleged in the complaint or a denial that they were committed.
Section 34. Cruelty shall be taken to mean any act by either the husband or the wife committed against the other which results in serious bodily injury or places either party in peril of physical injury.
The complaint in an action of divorce for cruelty must state the particular acts of cruelty within the definition of this section of this Act and an allegation that the continuance
of the parties as husband and wife will endanger the physical well being or life.
The defendant may deny the truth of the allegations stated in the complaint.
Section 35. Incurable insanity and incurable venereal disease, shall be regarded to exist when certified to, by a qualified medical physician.
The complaint in such cases shall state the conditions of a party against whom the action is brought and such allegation must be proven at the trial by qualified medical testimony.
Section 36. Desertion shall be taken to mean the wilful abandonment by either the husband or the wife of the other, for a period of not less than one year.
The complaint in actions of divorce brought on the grounds of desertion must state the desertion and its continuance for a period of not less than one year, and that the plaintiff has without avail endeavoured to induce the defendant to return to his or her marital duties.
Section 37. In cases where the action is brought on grounds of conviction of crime, the complaint must state the particular crime of which the defendant has been convicted and make profert of a copy of the sentence of court under seal.
Section 38. Actions of divorce shall be brought only in the judicial circuit where either the plaintiff or the defendant resides at the time of the commencement of action.
Section 39. A guilty party in any action of divorce shall not be permitted to contract another marriage until after the expiration of three years from the date of the bill of divorce- ment.
Section 40. Costs in actions of divorce shall be discharged in the same manner as in other civil causes, and shall be paid by either party as it is incurred. The losing party shall refund the cost paid by the successful party from the commencement of suit to final judgment, but the plaintiff shall
pay for the cost of the bill of divorcement.
Section 41. The plaintiff in an action of divorce shall pay a divorce tax of fifty dollars ($50.00) within not more than ninety (90) days after final judgment, provided however, that plaintiff gives good and sufficient security for payment within the time herein specified.
Should the parties to the bond fail to comply with the conditions of the bond within the time mentioned therein, execution shall be issued against the principal and sureties, and said execution shall be enforced as in other civil causes.
Section 42. Actions of Divorce shall be commenced and defendants brought into court under the Statute relating to the commencement of civil suits.
Section 43. This Act shall be published in hand- bills.
Any law to the contrary notwithstanding.
Approved February 24, 1936.
CHAPTER XVIII
AN ACT PROVIDING PROTECTION TO THE HEAD OF THE STATE AND AMENDING THE STATUTORY MODE OF TRIAL AND PENALTY FOR TREASON, SEDITION, CONSPIRACY AND ATTEMPT AGAINST THE NATION OR ITS OFFICIAL HEAD.
“Head of the State” shall mean the President of the Republic, and shall include Diplomatic Representatives of Foreign Governments near this Capitol.
The term “Treason” shall be defined in this Special Act as is defined in Section 105, page 29 of the Criminal Code of Liberia A. D. 1914.
The term “Sedition” shall be defined in this Special Act as is defined in Section 107, page 29 of the Criminal Code of Liberia A. D. 1914, and the Act of the Legislature passed and approved February 8. A. D. 1924. Act of the Legislature passed and approved August 11, A. D. 1932.
The term “Conspiracy against the State” or its Official Head, shall be defined in this Special Act as is defined in Section 32. page 38 of the Criminal Code of Liberia A. D. 1914.
The term “Attempt” shall be defined as is defined in Section 29, page 5 and section 31 page 6 of the Criminal Code of Liberia A. D. 1914, including an attempt to injure the reputation or destroy the life of any of the officials named in section 2 of this Act, or attempt to impair the existence of the body politic or otherwise affect the safety and tranquility of the people or the State.
Whereas the object and end of the Constitution, in the institution, maintenance and administration of government is to secure the existence of the body politic, to protect it and to furnish the individuals who compose it with the power of enjoying in safety and tranquility their natural rights and the blessings of life; and,
Whereas, there appear to exist certain perfidious acts by citizens and aliens in the Republic, the result of which is calculated to undermine the object of the institution of this government and to endanger the life and property of the Official Head of the State; and
Whereas, the Legislature is empowered to declare the
mode of trial and punishment for such crimes and misdemeanors for the safety of the State and the individuals who compose it; Therefore
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, the charges of Treason, Sedition, Conspiracy and act or attempt against the State or its Official Head under investigation in the Republic, by the Department of Justice and all future charges of a similar nature, within the Republic, shall be dealt with and the trial proceed in the following manner:
(a) That upon information filed by the Department of Justice before any circuit judge available, whether assigned or not, in any particular circuit where any of the above offences are alleged to have been committed, without reference to, whether in or out of term time,
(b) The circuit judge shall immediately assume jurisdiction, summons and impanel a special jury to inquire into said charge or charges, and upon sufficient evidence being produced to warrant the defendant or defendants being put on trial, an indictment shall immediately be found, a petty jury summoned and impaneled and the defendant or defendants put upon trial without the least possible delay, in keeping with the Statute law governing trials in criminal cases.
Section 2. The punishment for “Treason”, “Sedition” and “Conspiracy” shall be the same as provided in the Criminal Code of Liberia A. D. 1914; except that the fine provided in said penalties shall refer to each individual defendant or participant in the crime.
Section 3. The punishment for “Attempt” to commit any of the crimes herein specified, but failing to effect its accomplishment, shall be the same as the punishment for the commission of the particular crime attempted; where death or other serious bodily injury is the result of any of the above acts, or the safety of the nation seriously imperilled, the punishment shall be death or imprisonment for life.
Section 4 Any existing law or parts of law, statutory or common, conflicting with the provisions of this Special Act be and the same are hereby repealed.
This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved March 2, 1936.
CHAPTER XIX
AN ACT PROVIDING FOR THE APPROPRIATION OF CERTAIN PUBLIC MONIES FOR SUNDRY PURPOSES.
Whereas, the Secretary of the Treasury having reported to the Legislature that certain revenues of Government for the year 1935, additional to the amounts previously appropriat ed. are now available in the public Treasury for appropriation:
It is enacted by the Senate and House of Representatives of the Re public of Liberia in Legislature assembled:
Section 1. In accordance with the provisions of section II. paragraph (c), of the Agreement Supplementary to the Loan Agreement of 1926, dated January 1, 1935, excess revenues and receipts of Government for the calendar year 1935, in an amount of ten thousand one hundred sixty- five dollars fifty- two cents (10,163.52) be, and are hereby appropriated as follows:
TREASURY DEPARTMENT.
For Amortization of Bonds issued and outstanding under the terms of the Loan Agreement of 1926, and/or under the terms of the Agreement Supplementary to the Loan Agreement of 1926, dated January 1, 1935, in accordance with the provisions of section II. paragraph (c) of the Agreement dated January 1, 1935, thirty- three and one- third per cent (33%) of additional excess revenues receipts of Government for the calendar year 1935. 83,388.51
For application towards liquidation of the principal only of Government’s floating debt existing on December 31, 1934, thirty- three and- third per cent (33%) of additional excess revenues
and receipts of Government for the calendar year 1935. 83,388.51
For purchase of real estate properties in the Commonwealth District of Monrovia, and of Office Supplies for the foreign Specialists. 81,443.50
DEPARTMENT OF THE INTERIOR:
For Road Construction Program 81,000.00
POST OFFICE DEPARTMENT:
For salary of one Clerk, Class I. 8 225.00
BUREAU OF AUDITS:
For salaries of three Clerks, Class I. 8 720.00
Total: 810,165.52
Section 2. The Secretary of the Treasury is hereby authorized to pay the amounts specified in Section 1, of this Act under warrant of the President of the Republic of Liberia.
Section 3. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved March 2. 1936.
CHAPTER XX
AN ACT TO PROVIDE FOR DEFENCE COUNSEL.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the President of the Republic of Liberia is hereby authorized to appoint, with the advice and consent of the Senate, in each County within the Republic of Liberia, a competent Counsellor or Attorney- at- Law to be known and styled Defence Counsel.
Section 2. It shall be the duty of the Defence Counsel to defend all persons charged with the commission of criminal offence who may upon oath declare their inability because of financial destitution to retain Counsel; and the Judge upon investigation shall be satisfied of the indigent condition of the defendant.
Section 3. The Defence Counsel shall receive for each criminal case defended by him to be paid from the public Treasury under warrant of the President the following compensation:
For Capital Felonies 50.00
For Felonies not Capital 30.00
For Misdemeanors 25.00
Section 4. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved March 2, 1936.
CHAPTER XXI
AN ACT REGULATING THE COLLECTIONS AND DISBURSEMENTS OF THE REVENUES OF COMMONWEALTH DISTRICTS, MUNICIPALITIES AND TOWNSHIPS WITHIN THE REPUBLIC OF LIBERIA.
Whereas, by the provision of the Act of the Legislature passed and approved February 16, A. D. 1928, entitled:
“An Act Regulating the Collections and Disbursements of all Revenues of Commonwealth Districts, Municipalities and Townships within the Republic of Liberia” such revenues were made to form a part of the revenues of the Republic of Liberia, because of the creation of the Department of Public Works which controlled the building of all roads, bridges and other public improvements within the Republic, and
Whereas, prior to the creation of the Department of Public Works such revenues were not a part of the revenues chargeable with the expense of the General Government of the Republic, and
Whereas, said Department of Public Works no longer exists and thereby the purpose for which the revenues of Commonwealth Districts, Municipalities, Townships and Settlements were pooled into the revenues of the Republic and made a part thereof is not longer met, and the roads, bridges and other improvements in the Commonwealth Districts, Municipalities, Townships and Settlements must be kept up and improved, Therefore,
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the provisions of the Act of the Legislature approved February 16, A. D. 1928, making the revenues of Commonwealth Districts, Municipalities and Townships part of the revenues chargeable with the expense of the General Government of the Republic, be and the same is hereby repealed.
Section 2. That the revenues of the Commonwealth Districts, Municipalities and Townships shall be collected by the Bureau of Internal Revenue and the respective agents of the Internal Revenue Service throughout the Republic, and shall be held by the Treasury as revenues of such Commonwealth
Districts, Municipalities and Townships in which it is collected.
Section 3. That a Budget of each Commonwealth District, Municipality and Township shall be prepared and presented annually to the Secretary of the Treasury for the approval of the President, and all items then approved shall be considered the Budget of said Commonwealth Districts, Municipalities and Townships and shall be paid by the Secretary of the Treasury as such.
Section 4. No Budget for a Commonwealth District, Municipality or Township shall carry a higher appropriation than the collections made in it during the previous year.
Any law to the contrary notwithstanding.
Approved March 5, 1936.
CHAPTER XXII
AN ACT RELATING TO CHILDREN BORN OUT OF WEDLOCK WHERE THE PARENTS SUBSEQUENTLY MARRY.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled.
Section 1. That should the natural father and mother of a child born out of wedlock, afterwards contract a marriage and take the child to live with them as a member of the family, such act on their part shall be construed a legitimation of the said child who shall thereafter be entitled to all the rights and privileges and benefits which accrue to children of said parents born in wedlock, and said child shall be considered as possessing heritable blood and a legitimate heir of the aforesaid parents.
Any law to the contrary notwithstanding.
Approved March 5, 1936.
CHAPTER XXIII
AN ACT AMENDING THE ACT GRANTING TIME FOR THE PAYMENT OF DEBT OR DAMAGES IN COURTS OF RECORD, PASSED AND APPROVED JANUARY 19TH, A. D. 1924.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, section 2 of the above referred to Act passed and approved January 19th, A. D. 1924 be so amended as to read: that for the purpose of the enforcement of the provisions of said Act for the payment of debt or damages according to the conditions specified therein; immediately upon rendition of final judgment in any action of debt or damages in favour of the plaintiff, he shall have the right to apply to the court or any judge thereof at any time after judgment for an execution to compel the defendant to pay the debt or damages according to the spirit and intent of this Act.
Section 2. That immediately upon receipt of the writ of execution by any sheriff of the County for service, he shall forthwith proceed to execute same in the following manner: To vigilantly ascertain and seize the prima facie property of the defendant, both real and personal, make a schedule thereof, report the same to the court or judge, and forthwith proceed to sell the same to the highest bidder to satisfy the judgment of the court with interest thereon.
Section 3. Should the property seized and scheduled as provided for in section 2 of this Act be more than sufficient to satisfy the judgment and execution, the Sheriff shall immediately return the residue or surplus property to the defendant, or should he fail to find any prima facie property either real or personal of the defendant, or should the property levied upon be insufficient to cover the amount stated in the writ of execution, as the case may be, upon this fact being made known to the court, the judge shall immediately declare said defendant debtor insolvent and proceed to administer his or her property under the insolvency law provided for by the Statute.
Section 4. Should the sheriff execute on prima facie property of the defendant which is afterwards claimed to be the property of another, the party so claiming shall be required to present his or her claim to the court or judge
and prove their bona fide title to same, in which case, should no fraud appear, the court shall order the property so claimed and proven to be struck from the schedule and returned to the actual owner. No action of damages or otherwise shall lie against the Sheriff for the performance of said act.
Section 5. Any creditor holding a bona fide claim for debt, may at any time without suit, make application to the court of record or to the judge thereof and exhibit evidence of said debt and show that the debtor has neglected to make payment in keeping with his contract or has refused to apply his property for the payment of same; whereupon the debtor shall be summoned to appear, and upon the facts being made to appear by sufficient evidence and circumstance, the court or judge shall immediately declare said debtor insolvent and order the Curator of Estates to take control of and administer the property, both real and personal of the said debtor and apply the proceeds of same to the payment of his debt.
Section 6. The property which a married woman may possess at the time of her marriage and also that of which she may afterwards become possessed otherwise than by her husband shall not be executed upon for his debt; but property acquired by wife through her husband shall not be exempt from execution for debt due by the husband.
Section 7. That the procedure of imprisoning defendant debtors to satisfy the judgment and execution in civil suits for debt or damages be and the same is hereby abolished.
Section 8. The time within which to commence actions of debt as provided for in section 263 Vol. I of the Revised Statutes of Liberia be amended to read- No action of debt shall be commenced after three years from the time the right of action accrued, except that actions of debt on written instruments such as, Promissory Notes, Receipts. Signed Statement of Accounts, or other written acknowledgement shall be commenced within seven years from the time the right of action accrue.
Section 9. All courts of justice in the Republic having competent jurisdiction over actions of debt or damages, be and they are hereby required to administer the law and decide all such cases in strict conformity with the spirit and intent of the provisions of this Act.
Section 10. Any existing law or parts of law, conflicting with the provisions of this Act, be and the same are hereby repealed.
Section 11. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved March 5, 1936.
CHAPTER XXIV
AN ACT PROVIDING GREATER PROTECTION FOR THE ESTATES OF PERSONS DYING INTESTATE, AND TO ASSURE THE RIGHTS OF HEIRS AND CREDITORS IN SUCH ESTATES.
Whereas, it is necessary that greater protection be given the estates of persons dying intestate, and in order to assure the rights of heirs and creditors in such estates, Therefore:
It is enacted by the Senate and House of Representatives of the Lie public of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, the office of Administrator provided by section 1015 of the Revised Statutes and the laws regulating the administration of intestate estates, be and the same is hereby established.
Section 2. The President, by and with the advice and consent of the Senate, shall appoint in each County, Territory and District of this Republic an officer to be styled Curator who shall be attached to the Probate Court or other Court authorized by law to administer intestate estates, and whose term of office shall be during the pleasure of the President.
Section 3. It shall be the duty of the Curator to perform all the duties of administrator prescribed by the intestate laws of the Republic, he shall give a bond of good and sufficient sureties who shall be free holders of unencumbered property in this Republic, in the sum of not less than ten thousand dollars ($10,000.00) which shall be approved by the President or by the County, Territory or District Superinten
dent. for the jurisdiction of which the Curator shall be appoint ed.
Section 4. An additional security for the faithful performance of the duties of his office, the Curator shall give to the Republic a further security of a lien upon all his real property. The bond and lien herein prescribed shall be executed and authenticated in the presence of the State’s Law Officer of the County, Territory or District for which the Curator is appointed, and upon approval thereof, shall be transmitted to the Secretary of State for safe keeping.
Section 5. Section 1060 of the Revised Statutes be and the same is hereby repealed.
Section 6. The Curator shall be an officer of court and under the jurisdiction thereof, he shall maintain account books and records of all transactions of the business of the several estates entrusted to his administration, he shall make a monthly report to the Probate Court or other court authorized by law to administer intestate estates, and shall file two copies of said report with the State’s Law Officer of the County, Territory or District of his jurisdiction, one copy of which shall be transmitted to the Auditor of the Republic for audit, the said report shall be accompanied with authenticated vouchers. The account of the Curator and books containing the same shall be open for the inspection of any heir or creditor interested in any particular estate, and any Public Accountant or Auditor of the Republic having authority to do so shall have the right to inspect said account book at any time.
Section 7. If it should appear to the court at any time that any Curator is acting negatively or dishonestly, or that the heirs or creditors concerned in the estate are likely to be damaged if the Curator should be continued in office, said court shall cause a record of such information to be made and the same shall be transmitted to the President. Should in the opinion the of President such negligence or dishonesty of the Curator warrant a dismissal from office, the President shall immediately cause such Curator to be dismissed and to appoint another in his stead. The retiring Curator shall immediately deliver to his successor all books, papers and property of every nature and kind whatsoever in his possession in connection with the estates under his administration, and, in every such case the bond and lien of such Curator shall not be cancelled until he shall have complied, to the satisfaction of the court, with all its requirements. Upon the discharge
of the Curator, after full satisfaction of court, such court shall issue a certificate certifying that such officer has legally complied with all the requirements of law appertaining to the duties of his office to the full satisfaction of court, and thereby order the release and cancellation of his bond and lien.
Section 8. Whenever it shall appear to any court or judge having charge of the administration of intestate estates that a Curator is negligent or dishonest in the discharge of the duties of his office, or has misappropriated any property or monies of any estates, such court shall cause a summary investigation of the acts complained of to be made upon its records so as to ascertain the value of the property or the monies misapplied, and in such case a judgment for the sum in default shall be entered against such defaulter, and an attachment shall lie against the principal and the sureties of the bond for the recovery of the amount in default. The property secured by attachment and the lien shall be sold at public auction until a sum sufficient to repay the sum in default is recovered, plus interest calculated at the rate of 6 per centum and all cost of court and, the sale.
Section 9. The compensation of the Curator shall be the same as the compensation provided for administrators.
Any law to the contrary notwithstanding.
Approved March 5, 1936.
CHAPTER XXV
AN ACT RELATING TO THE CONSTITUTION AND REGULATION OF COOPERATIVE SOCIETIES.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
This Act may be cited as the Cooperative Societies Act, 1936.
In this Act, unless the context otherwise requires.
“By- Laws” means the registered by- laws made by a society in the exercise of any power conferred by this Act, and includes a registered amendment of the by- laws.
“Committee” means the governing body of a registered society to whom the management of its affairs is entrusted.
“Member” includes a person or registered society, joining in the application for the registration of a society, and a person or a registered society admitted to membership after registration in accordance with the by- laws and rules.
“Officer” includes a chairman, secretary, treasurer, member of the committee, manager, or servant of a registered society.
“Person” does not include a registered society.
“Registered Society” means a cooperative society registered under this Act.
“Registrar” means the person appointed to be Registrar of Cooperative Societies by the President of the Republic.
REGISTRATION.
(1) The President may appoint a person to be Registrar of Cooperative Societies and may appoint Assistant Registrars as may be required, who shall act under the control of the Registrar and who shall perform such of the duties and exercise such of the powers of the Registrar as the Registrar may from time to time commit to them.
(2) The Registrar shall have a seal of such device as may be approved by the President. Impressions of such seal shall be judicially noticed and admitted in evidence.
4 Subject to the provisions hereinafter contained, a society which has as its object the promotion of the economic interests of its members in accordance with cooperative principles, or a society established for the purpose of facilitating the operations of such societies, may be registered under this Act with or without limited liability:
Provided that unless the President by general or special order otherwise directs:
(a) The liability of a society of which a member is a registered society shall be limited;
(b) The liability of a society of which the primary object is the creation of funds to be lent to its members and of which the majority of the members are agriculturists and of which no member is a registered society, shall be unlimited.
No member other than a registered society shall hold more than one-fifth of the share capital of any cooperative society.
(1) No society, other than a society of which a member is a registered society, shall be registered under this Act which does not consist of at least ten persons above the age of eighteen years, who reside on or occupy land within its proposed area of operation.
(2) The word ‘limited’ shall be the last word in the name of every society with limited liability registered under this Act.
When any question arises whether for the purpose of this Act a person is an agriculturist or whether any person is a resident in a town or village or group of villages or whether two or more villages shall be considered to form a group as whether a person has attained his majority, the question, if the Committee is unable to decide, shall be referred to the Registrar whose decision shall be final.
(1) Application for registration shall be made to the Registrar.
(2) The application shall be signed
No person shall be a member of more than one registered society with unlimited liability without the approval of the Registrar.
(a) No member shall hold more than such proportion f the share capital of the society, subject to a maximum of one-fifth, as may from time to time be prescribed by rules.
(b) Each member of a registered society shall, notwithstanding the amount of his interest in the capital, have one vote only as a member in the affairs of the society; provided that a cooperative society which is a member of any other cooperative shall have as many votes as may be prescribed by the by-laws of such other society, and may, subject to such by-laws, appoint any number of its members, not exceeding the number of such votes, to exercise its voting power.
(1) The transfer or charge of the share or interest of a member in the capital of a registered society shall be subject to such conditions as to maximum holding as are prescribed by this Act or by any rules which may from time to time be made thereunder.
No member of a registered society shall transfer any share held by him or his interest in the capital of the society or any part thereof, unless:
(a) He has held such share or interest for not less than one year; and
(b) The transfer or charge is made to the society or to a member of the society.
DUTIES AND PRIVILEGES OF REGISTERED SOCIETIES.
Every registered society shall have an address, registered in accordance with the rules, to which all notices and communications may be sent and shall send to the Registrar notice of every change thereof.
Every registered society shall keep a copy of this Act and of any rules made thereunder and of its by- laws open to inspection, free of charge, at all reasonable times at the registered address of the society.
The registration of a society shall render it a body corporate by the name under which it is registered, with perpetual succession and a common Seal, and with power to hold moveable and immoveable property of every description, to enter into contracts, to institute and defend suits and other legal proceedings, and to do all things necessary for the purpose of its constitution.
Subject to the prior claims of the Government on the property of its debtors and of lessors in respect of rent, or any money recoverable as rent, any debt or outstanding demand owing to a registered society by any member or past member shall be a first charge:
(a) Upon the crops or other agricultural produce of a member or past member, at any time within two years from the date when seed or manure was advanced. Or money was lent to such member or past member in respect of the unpaid portion of such advance or loan;
(b) In respect of the supply of cattle, fodder for cattle, agricultural or industrial implements or machinery, or raw material for manufacture, or of the loan of money for the purchase of any of the foregoing animals or things—upon any such animals or things so supplied or purchased in whole or in part from any such loan or any articles manufactured from raw materials supplied or purchased.
provided that nothing contained in this section shall affect the claim of any “bona fide” purchaser or transferee for value without notice of any such crops, or agricultural produce, cattle or raw materials for manufacture or workshops or store or place of business.
A registered society shall have a charge upon the shares or interest in the capital and on the deposits of a member or past member and upon any dividend, bonus, or accumulated funds payable to a member or past member in respect of any debt due from such member or past member to the
society, and may set off any sum credited or payable to a member or past member in or towards payment of any such debt.
Subject to the provisions of section 20 of this Act, the share or interest of a member in the capital of a registered society shall not be liable to attachment or sale under any decree or order of a court in respect of any debt or liability incurred by such member.
(1) On the death of a member, a registered society may transfer the share or interest of the deceased member to the person who is proved, to the satisfaction of the committee, to be the heir of the deceased or the representative of his family entitled under a will or in accordance with the Inheritance Law or Native Customs, or pay to such heir or legal representative, as the case may be, a sum representing the value of such member’s share or interest, as ascertained in accordance with the rules or by- laws, provided that:-
(a) In the case of a society with unlimited liability, such heir or legal representative, as the case may be, may require payment by the society of the value of the share or interest of the deceased member ascertained as aforesaid; or
(b) In the case of a society with limited liability, the society shall transfer the share or interest of the deceased member to such heir or legal personal representative, as the case may be, being qualified in accordance with the rules and by- laws for membership of the society, or on his application within one month of the death of the deceased member to any person specified in the application who is so qualified.
(2) A registered society may pay all moneys due to the deceased member from the society to such heir or representative, as the case may be.
(3) All transfers and payments made by a registered society in accordance with the provisions of this section shall be valid and effectual against any demand made upon the society by any other person.
The liability of a past member for the debts of a registered society, as they existed at the time when he ceased
to be a member shall continue for a period of two years from the date of his ceasing to be a member.
The estate of a deceased member shall be liable for a period of one year from the time of his decease for the debts of the society as they existed at the time of his decease.
Any register or list of members or shares kept by any registered society shall be “prima facie” evidence of any of the following particulars entered therein:
a) The date at which the name of any person was entered in such register or list as a member;
b) The date at which such a person ceased to be a member.
A copy of any entry in a book of a registered society regularly kept in the course of business, shall, if certified in such manner as may be prescribed by any rules made under this Act, be received in any suit or legal proceedings, civil or criminal, as “prima facie” evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions, and accounts therein recorded in every case where; and to the same extent as, the original entry itself is admissible.
No officer of a society shall in any legal proceedings to which the society is not a party be compelled to produce any of the society’s books, the contents of which can be proved under section 26, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the court or a judge made for special cause.
EXEMPTION FROM TAXATION.
The President has right in the case of any registered society or class of registered societies to reduce or remit, temporarily or permanently.
(a) Stamp duties
(b) Registration fees
(c) Licenses
(d) Real estate tax
(e) Any tax duty or impost now in force or introduced after the passage of this Act.
(1) A registered society shall not make a loan to any person other than a member: provided that, with the consent of the Registrar, it may make loans to other registered society.
(2) A registered society shall not lend money on the security of immovable property and save with the permission of the Registrar to be given generally in the case of any society it shall not lend money on the security of movable property.
30 A registered society may receive deposits from members without restrictions, but it may receive deposits and loans from persons who are not members only to such extent and under such conditions as may be prescribed by rules made under this Act or as may be provided by its by- laws.
31 Save as provided in sections 29 and 30 the transactions of a registered society with persons other than members shall be subject to such prohibitions and restrictions, if any, as the President may by rules prescribed.
32 A registered society may invest or deposit its funds
(a) In any bank approved by the President,
(b) In Government Securities,
(c) In the shares of any other registered society,
(d) In any other mode permitted by the rules.
33 (1) A registered society, having as one of its objects the disposal of any produce of agriculture or animal husbandry or handicrafts, may contract with its members, either in its by- laws or by a separate document, that they shall dispose of all their produce, or of such amounts or descriptions as may be stated therein, to or through the society, and may in the contract provide for payment of a specific sum per unit of weight or other measure as liquidated damages for infringement of the contract, and such sum shall be a debt to the society.
(2) Any such contract shall create in favour of the society a first charge upon all produce mentioned therein, whether existing or future, in order to secure the due marketing of the same in accordance with the contract.
The covenants or obligations imposed by contract shall run with any lands, trees, buildings or other structures mentioned therein, and shall be binding on all assignees and transferees, and any transfer or conveyance of property subject to such a contract shall be deemed to operate also as a like transfer or assignment of the contract and of all shares which may have been issued in respect of the contract.
(1) Upon application by any registered society which can show that its membership in the Republic or in any other province, county, district or township comprises 50% (75% in townships) of all the producers of any kind of commodity mentioned in Section 33, producing 50% (75% in townships) of the total output of such commodity in that province, county, district or township, the President may be decree declare that each producer of that commodity in the whole Republic or in the province, county, district or township shall sell such commodity produced by him to or through the society, whether he be a member thereof or not.
(2) Each such producer who is not a member of the society shall be subject to all such conditions and obligations to which he would have been subject as a member and the society may deduct from any funds received or held on his account a part or the whole of a share subscription sufficient to qualify him for membership, and shall admit him to membership on the complete payment of such subscription.
(1) No society shall pay as dividend or bonus or distribute any part of its accumulated funds before the balance sheet has been certified by an auditor approved by the Registrar.
(2) No society shall pay a dividend to its members exceeding 10% .
(3) No society with unlimited liability, which advances money or goods to any member in excess of goods or money deposited by him, shall pay a dividend before ten years from the date of its registration.
(1) Every society which does or can derive a profit from its transactions shall maintain a reserve fund.
(2) A society with unlimited liability, which advances money or goods to any member in excess of money or
goods deposited by him, shall carry one- fourth of the net balance in each year to the reserve fund.
(3) All other societies shall carry to the reserve fund such portion of the net balance in each year as may be prescribed by the rules and by- laws.
Subject to sections 35 and 36, the net balance of each year, with sum available for distribution from previous years, may be distributed as may be prescribed by the rules and by- laws.
Any society may, with the previous sanction of the Re gistrar, after such allocation has been made to the reserve fund as the rules and by- laws require, contribute an amount not exceeding 10% of the remaining net balance to any charitable or educational purpose.
AUDIT AND INSPECTION.
(1) The Registrar shall audit or cause to be audited by some person authorized by him by general or special order in writing in this behalf the accounts of every registered society once at least in every year.
(2) The audit under sub- section (1) shall include an examination of overdue debts, if any, and a valuation of the assets and liabilities of the society.
(3) A registered society may provide by its by- laws for such other periodical audits of its account as may be appointed by the by- laws, to include such matters as may be prescribed and to be held by such auditor as may be appointed by the by- laws.
(4) The Registrar, or any person authorized by general or special order in writing in this behalf by the Registrar shall at all times have access to all books, accounts, papers and securities of a society, and every officer of the society shall furnish such information in regard to the transactions and working of the society as the person making such inspection may require.
(5) The Registrar and every other person appointed to audit the accounts of a society shall have power when necessary.
(a) To summon at the time of his audit any officer, agent, servant, or member of the society whom he has reason to believe can give valuable information in regard to any transactions of the society or the management of its affairs; or
(b) To require the production of any book or document relating to the affairs, or, of any cash or securities belonging to the society by the officer, agent, servant or member in possession of such book, document, cash or securities.
40 (1) The Registrar may of his own motion shall, on the application of a majority of the committee, or of not less than one- third of the members, hold an inquiry or direct some person authorized by him by order in writing in this behalf to hold an inquiry into the constitution, working, and financial condition of a registered society.
(2) All officers and members of the society shall produce such of the books and documents of the society and furnish such information in regard to the affairs of the society, as the Registrar or the person authorized by the Registrar may require.
41 (1) The Registrar shall, on application of a creditor of a registered society, inspect or direct some person authorized by him by order in writing in this behalf to inspect the books of the society, provided that:
a) The applicant satisfies the registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and
(b) The applicant deposits with the Registrar such sum as security for the costs of the proposed inspection as the registrar may require.
(2) The Registrar shall communicate the results of any such inspection to the creditor.
Where an i quiry is held under section 40 or an inspection is made under section 41 the registrar may by a cer. ficate under his hand and seal make an award appropriation the cos s, or such par of the cos s, as he may think right,
between the society, the members or creditor demanding an inquiry or inspection, and the officers or former officers of the society.
Any sum awarded by way of costs under section 42 may be recovered, on production of the certificate referred to in section 42 to the court having jurisdiction over the person from whom the money is claimable, by distress and sale of any movable property belonging to such person within the limits of the jurisdiction of such court, notwithstanding that the sum awarded may be in excess of the ordinary jurisdiction of such court.
DISSOLUTION OF SOCIETY.
44 (1) If the Registrar, after inquiry has been held under section 40 or after an inspection has been made under section 41 or on receipt of an application made by three- fourths of the members of a registered society, is of opinion that the society ought to be dissolved, he may cancel the registration of the society.
(2) Any member of a society, may, within two months from the date of an order made under sub- section (1), appeal from such order to the President of the Republic.
(3) Where no appeal is presented within two months from the making of an order cancelling the registration of a society, the order shall take effect on the expiry of that period.
(4) Where an appeal is presented within two months the order shall not take effect until it is confirmed by the President.
Where the Registrar cancels the registration of a society under sub-section 1) he may make such order as he may deem fit respecting the custody of the books, documents and the protection of the assets of the society until the order cancelling the registration of the society takes effect.
The Registrar may by order cancel the registration of any registered society, if at any time it is proved to his satisfaction that the number of members has been reduced to less than ten.
Where the registration of a society is cancelled the society shall cease to exist as a corporate body.
(a) In case of cancellation in accordance with the provisions of section 44, from the date on which the order of cancellation takes effect;
(b) In the case of cancellation in accordance with the provisions of section 45, from the date of the order.
47 (1) Where the registration of a society is cancelled under section 44 or section 45, the Registrar may appoint a competent person to be liquidator of the society.
(1) A liquidator appointed under sub-section (1) shall have power:
(a) To institute and defend suits and other legal proceedings by and on behalf of the society by his name or office and to appear in court as a litigant in person on behalf of the society;
(b) To refer disputes to arbitration,
(c) To determine the constitution to be made by the members and past members and by the estates of deceased members of the society respectively to the assets of the society;
(d) To investigate all claims against the society, and, subject to the provisions of this Act, to decide questions of priority arising between claimants;
(e) To determine from time to time by what proportions the costs of the liquidation are to be borne;
(f) To take possession of the books, documents, and assets of the society; and
(g) To give such directions in regard to the collection and distribution of the assets of the society and the disposal of the books and documents of the society as may appear to him to be necessary for winding up the affairs of the society.
(3) Subject to any rules made under this Act which may for the time being be in force, a liquidator appointed under this section shall, in so far as such powers are necessary for carrying out the purposes of this section, have power to summon and enforce the attendance of witnesses, and to compel the production of documents by the same means, and (so
Any rules made under this Act may provide for an appeal from any order made by a liquidator under this section to a court having jurisdiction over the area in which the head- quarters of the society are situated.
(5) Order made under this section may be enforced as follows:
(a) When made by a liquidator, by any court having jurisdiction, in the same manner as the decree of such court;
(b) When made by the court in the matter of any such appeal as aforesaid, in the same manner as a decree of such court made in any suit pending therein.
48 Where in the case of the winding up of a society, it appears that any person who has taken part in the organization or management of the society or any past or present chairman, secretary, member of the committee, or officer of the society has misapplied or retained or become liable or accountable for any money or property of the society or has been guilty of misfeasance or breach of trust in relation to the society, the Registrar may, on the application of the liquidator or any any creditor or contributory, examine into the conduct of such person and make an order requiring him to repay or restore the money or property or part thereof respectively with interest at such rate as the Registrar thinks just or to contribute such sum to the assets of the society by way of compensation in regard to the misapplication, retainer, misfeasance or breach of trust as the Registrar thinks just.
49 (1) Save in so far as is hereinbefore expressly provided, no court shall have any civil jurisdiction in respect of any matter connected with the dissolution of a registered society.
ARBITRATION
50 (1) If any dispute touching the business of a registered society arises between any person who is or has been a member of a registered society or claims through any one who is or has been a member, and such registered society or its committee or any of its officers, it shall be referred to the Registrar for decision.
2 A dispute shall include claims by a registered society for debts or demands due to it from a member or past member or their heirs or assets of a past member whether such debts or demands be admitted or not.
(1) The Registrar on receiving notice of such dispute as is referred to in the immediately proceeding section shall either decide the dispute himself or shall refer it to arbitration of three arbitrators, of whom one shall be nominated by each of the parties to the dispute.
(2) Where any party to the dispute fails to nominate an arbitrator within fifteen days after receipt of notice from the Registrar, the Registrar himself may make the nomination.
52 Any party aggrieved by an award of arbitrators may within one month of the date of the award appeal to the Registrar whose order thereon shall be final and conclusive.
53 The award of the arbitrators or a decision of the Registrar under section 51 of this Act shall not be liable to be called into question in any civil court.
RULES.
54 (1) The President may, for the whole of the Republic or for the whole or any part of a Province, District or County, and for any registered society or class of such societies, make rules for the better carrying out of the objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
(a) Prescribe the forms to be used and the conditions to be complied with in applying for the registration of a society and the procedure in the matter of such application;
(b) Prescribe the conditions to be complied with by persons applying for registration and by persons applying for admission or admitted as members, and provided for the election and admission of members from time to time, and the amount of payment to be made and interests to be acquired before exercising rights of membership;
(e) Provide for the withdrawal and expulsion of members and for the payments to be made to members who withdraw or are expelled, and for the liabilities of past members;
(d) Prescribe the extent to which a registered society may limit the number of its members;
(e) Provide for the mode in which the value of a deceased member’s interest shall be ascertained and for the nomination of a person to whom such interest may be paid or transferred;
(f) Provide for the mode in which the value of the interest of a member who has become of unsound mind and incapable of managing himself or his affairs shall be ascertained and for the nomination of any person to whom such interest may be paid or transferred;
(g) Subject to the provision of section 5 of this Act, prescribed the maximum number of shares or proportion of the capital of a registered society which may be held by a member;
(h) Prescribe the payments to be made and the conditions to be complied with by members applying for loans, the period for which loans may be made, and the amount which may be lent out to an individual member;
(i) Prescribe the rate to which interest on loans to members is to be reduced before profits may be distributed to the members;
(j) Regulate the manner in which capital may be raised by means of shares or debentures or otherwise;
(k) Provide for general meetings of the members and for the procedure at such meetings and the powers to be exercised by such meetings;
(l) Provide for the appointment, suspension, and removal of the members of the committee and other officers, and for the procedure at meetings of the committee, and for the powers to be exercised and the duties to be performed by the committee and officers;
(m) Prescribe the matters in respect of which society may or shall make by- laws, and for the procedure to be followed in making, altering, and abrogating by- laws
and the conditions to be satisfied prior to such making. alteration or abrogation:
(n) Provide for the audit of accounts kept by a registered society and the charges, if any, to be made for such audit;
(c) Provide for the periodical publication of a balance sheet showing the assets and liabilities of a registered society;
(p) Provide for the persons by whom and the form in which, copies of entries in books of registered societies may be certified;
(q) Provide for the formation and the maintenance of a register of members, and, where the liability of the members is limited by shares, of a register of shares;
(r) Provide for the rate at which interest may be paid on deposits, for the information and maintenance of reserve funds, and the objects to which such funds may be applied, and for the investment of any funds under the control of a registered society;
(s) Prescribe the conditions under which profits may be distributed to the members of a registered society and the maximum rate of dividend which may be paid by registered societies;
(t) Prescribe the procedure to be followed in proceedings before the registrar or an arbitrator or arbitrators, and the enforcement of the decisions of the registrar or the awards of arbitrators;
(u) Prescribe the conditions to be complied with by a registered society applying for the financial assistance of Government;
(v) Determine in what cases an appeal shall lie from the orders of the registrar, and prescribe the procedure to be followed in presenting and disposing of such appeals; and
(w) Prescribe the procedure to be followed by a liquidator appointed under section 47 of this Act, and the cases in which an appeal shall lie from the order of such liquidator.
All rules made under this section shall be published in the “Official Gazette” and shall come into force immediately upon such publication or on the date named therein with effect as if enacted in this Act.
(4) In any case where the registrar is satisfied that a substantial number of the members of any society are unacquainted with the English language, he shall cause such rules to be translated into a language with which such members are acquainted and additionally to be made known in such manner as is customary for the community concerned.
(5) The rules in the schedule to this Act shall be deemed to have been made and shall have effect as if they had been made pursuant to the powers conferred by this section.
(a) The registrar shall have power to prescribe the accounts and books to be kept by a society;
(b) The returns to be submitted by a society to the registrar and the person by whom and the form in which such returns shall be submitted;
(c) The maximum loan which may be made by a society to any of the members thereof without the prior consent of the registrar.
GOVERNMENT LOANS
(1) All sums due from a registered society or from an officer or member or past member of a registered society as such to the Government, including any costs awarded to the Government under section 42, may be recovered in the manner provided for under the laws for the time being in force in the Republic.
(2) Sums due from a registered society to Government and recoverable under sub-section (1) may be recovered first, from the property of the society; secondly, in the case of a society of which the liability of members is limited, from the members subject to the limit of their liability and thirdly, in the case of other societies, from the members.
OFFENCES.
57 (1) It shall be an offence under this Act if
(a) A society or an officer or a member thereof wilfully neglects or refuses to do any act or to furnish any
information required for the purposes of this Act by the Registrar or other person duly authorized by him in writing in this behalf; or
(b) A society or an officer or a member thereof wilfully makes a false return or furnishes false information; or
(c) Any person wilfully or without any reasonable excuse disobeys any summons, requisition, or lawful written order issued under the provisions of this Act or does not furnish any information lawfully required from him by a person authorized to do so under the provision of this Act.
(2) Every society, officer, or member of a society or other person guilty of an offence under this section shall be liable to a fine not exceeding 100.00 (one hundred dollars).
58 Any person, firm, or company having knowledge or notice of the existence of a contract described in section 34 or of an obligation upon producers as in section 35, who solicits or persuades any person to sell or deliver produce in violation of that contract or obligation shall be liable to a fine of 100.00 (one hundred dollars) for each offence, and shall in addition pay to the society concerned the market price of such produce as at the date of such offence.
59 (1) No person other than a registered society shall trade or carry on business under any name or title of which the word “Co- operative” or its equivalent in any other language is part, without the sanction of the President.
(2) Whoever contravenes the provisions of this section shall on conviction be punishable with a fine not exceeding 50.00 (fifty dollars) and in the case of a continuing offence with a further fine of 5.00 (five dollars) for each day on which the offence is continued after conviction thereof.
MISCELLANEOUS
60 Notwithstanding anything contained in this Act the President may, by special order in each case and subject to such conditions, if any, as he may impose, exempt any society from any of the requirements of this Act as to the registration.
61 The President may, by general or special order exempt any registered society from any of the provisions of this Act or may direct that such provisions shall apply to such society with such modifications as may be specified in the order.
(62) Every registered society may, subject to the approval of the Registrar, make by- laws for any such things as are necessary or desirable for the purpose for which such society is established.
(63) The provisions of laws now in force in the Republic and relating to commercial matters and credit shall not apply to societies registered under this Act.
Any law to contrary notwithstanding.
Approved February 24, 1936.
CHAPTER XXVI
AN ACT AUTHORIZING THE PRESIDENT TO ESTABLISH AGRICULTURAL SOCIETIES IN THE REPUBLIC OF LIBERIA PRESCRIBING THEIR RIGHTS AND DUTIES AND PROVIDING FUNDS FOR THEIR OPERATION.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
This Act may be cited as the Agricultural Societies Act, 1936.
SUBJECTS.
The President of the Republic is hereby authorized to establish Agricultural Societies, one in each County on the sea coast and one in each district of the hinterland.
The objects of the agricultural societies shall be; to represent the interest of agriculture in the Republic and to encourage its development and more particularly
(1) To improve the conditions of production, harvesting, processing and marketing of agricultural produce by:
(a) maintaining an adequate staff of trained agricultural officers:
(b) creating agricultural experiment stations and muster farms;
(c) organising centers for processing, pressing, drying, cleaning, fermenting, grading, etc., of agricultural produce;
(d) building stores, maintaining land and river communications;
(e) organising selling agencies for the produce of their members;
(2) To assist technically and financially in the creation, maintenance and development of co-operative societies.
To assist agricultural communities and individual farmers by:
(a) granting loans to members at reasonable rates of interest for useful and necessary purposes;
(b) issuing goods (seed, agricultural tools, building material) on credit.
RIGHTS & DUTIES OF AGRICULTURAL SOCIETIES
Every agricultural society shall keep a copy of this Act, of Rules made thereunder its by-laws and its budget open to public inspection, free of charge at all reasonable times.
The Agricultural Societies shall have a body corporate with perpetual succession and a common seal, and with power to hold property, to enter into contracts to institute and defend suits and other legal proceedings, and to do all things necessary for the purposes of their constitution.
The agricultural societies may join together in unions temporarily, for execution of one particular project or permanently; they shall join the National union of agricultural societies.
ORGANIZATION AND MANAGEMENT
Shall be members of agricultural societies all male persons residing in the Republic of Liberia (citizens and natives) who:
(1) are above 18 years of age
(2) whose main occupation is agriculture, forestry, fishery and hunting.
I. The supreme authority over the affairs of an agricultural society shall be vested in the general Assembly consisting of not less than twenty and not more than thirty-five delegates.
The district commissioner shall be chairman “ex- officio” of the societies in the hinterland; in the counties a person nominated for that purpose by the President of the Re- public.
The delegates of the General Assembly shall be designated by the President or elected in accordance with the local native customs. The period for which a delegate is designated or elected shall be three years, and every year one-third of the delegates shall be so elected or designated. There shall be no restrictions as to the re-election of members of the Assembly.
The following officers shall be elected at an annual general meeting of the assembly: a vice-chairman and four members of the council, who together with the chairman “ex- officio” or nominated and the county or district agriculture officers shall constitute the administrative council of the agriculture society.
The agricultural officer shall be ex-officio secretary-treasurer of the society, provided that the two of the four counsels for mentioned in sub section (4) shall perform the duties of an assistant secretary and assistant treasurer, respectively.
Any member of the administrative council may be removed from his office by the President of the Republic on the recommendation of the majority of the remaining members of the council.
The general assembly shall meet in session at least twice a year: in October to approve the next year’s budget and in February to have the reports on the passed year’s performance and the execution of the budget.
The chairman may convene the general meeting of the assembly at any time, he shall do so, if required by the majority of the administrative council or one-third of the general assembly’s delegates.
The administrative council shall meet at least once a month. It shall be the duty of the council to conduct the affairs of the society in conformity with the present Act and rules made thereunder, the budgetary provisions and the decisions of the general assembly, not contrary to this Act or any rules, and more particularly:
(p) to appoint, suspend and dismiss employees;
(q) to represent the society;
(r) to elect two delegates to the National Union of agricultural society;
(s) generally to carry on the business of the society.
11 All decisions of the general assembly and of the administrative council shall be carrieriv a simple majority of votes. No proxies are allowed. When the votes are equal the chairman shall decide. One half of the delegates plus one shall form a quorum.
FINANCES
The funds of the agricultural societies shall consist of:
(1) Annual agricultural fees;
(2) Subventions from the Government;
(3) Gifts and endowments;
(4) Loan-;
(5) Deposits;
(6) Profits derived from (a) interest on loans to members
(b) the sale of members’ produce.
The President of the Republic is authoris a to fix yearly the amount of an agricultural fee per hut. The same fee shall be collected from all persons, who being qualified for membership in the society are not liable to the hut tax. In such a case each and every building belonging to such persons will be counted as one hut.
Agricultural fees shall be collected at the same time and in the same manner as the general hut tax. The funds so collecti from time to time by the agents of the Bureau of Internal Revenue shall be distributed in proportion to the rates of hut tax and agricultural fee then in force.
The funds belonging to the agricultural society shall be immediately turned over by the collecting agent to the secretary- treasurer of the society operating on the area in which the collection took place. If there is no society in operation such funds should be sent to Monrovia and deposited with a Bank
or person designated by the President to the account of the National Union of agricultural societies.
The agricultural societies shall dispose of their funds in the following manner:
(a) 10% of all collections made under subsection 1, section 12 of this Act shall be paid to the co-operative societies fund;
(b) 5% of such collection shall be deposited with the National Union of agricultural societies.
(c) 10% of such collection shall be set aside as a reserve fund and deposited in a bank or some other place designated by the President of the Republic until such reserves shall be used in the organization of an agricultural bank or central cooperative bank;
(d) The remaining 75% of such collections as well as receipts from other sources shall be used locally for purposes enumerated in section 3 of this Act, provided not more than 25% of the total appropriation shall be used for loans to members.
Each agricultural society shall prepare an annual budget in conformity with Section 15 of this Act. The procedure shall be as follows:
(a) The secretary- treasurer shall prepare a draft of the budget, which after being accepted by the administrative council shall be presented not later than in October of each year to the General Assembly for acceptance.
(b) The General Assembly shall make modification, if any, provided they are not contrary to this Act or rules made thereunder, and the budget so modified and approved shall be forwarded to the Headquarters of the National Union of agricultural societies.
(c) The National Union of agricultural societies after careful study of budgets of all agricultural societies shall send them with its opinion to the President of the Republic, whose decision shall be final and conclusive.
LOANS
There shall be four categories of loans granted to members:
Supplying members with seeds and plants; 2. Issuing on credit agricultural tools, animals and building materials; 3. Granting loans in specie for productive purposes; 4. Distress loans in cash or goods.
The term of seed ani plant loans shall be one year for yearly plants or for as many years as the plant requires to bear fruit. The reimbursement shall be in kind, the lender to return the amount of seed received plus a maximum of 20% for each year of the duration of the loan, or in case of plants distributed from the nurseries such amount of produce as the Administrative Council shall decide. No seeds or plants received from the society can be sold or disposed of under a penalty of not more than 5.00$
The Administrative Council may, and if the National Union so directs shall, distribute seeds and plants gratuitously.
The loans in kind as enumerated under subsection 2, section 17 shall be of a three years’ duration, after which term the loan shall be reimbursed in cash. The interest shall not exceed 6% per annum. The Society shall have a first lien on the tools, animals and building of the borrower.
The cash loans shall be granted for terms ranging from 3 months to two years. The borrower shall state the purposes for which the loan is required and a detailed plan of its use. The money shall be applied solely for the purposes stated in the application. No loan shall be granted unless the borrower presents two sureties, members of the society, the inhabitants of the same village or town and responsible financially.
The society may issue distress loans in cash or food to members and communities stricken by a disaster, individual like death, or collective like drought, grasshoppers, etc. Such loans shall be granted in principle for one year only, and shall bear no interest. The Administrative Council may or if the National Union so direct, shall postpone the repayment of the principal or entirely obliterate the whole debt.
No loan shall exceed 50,000$ or its equivalent per member.
An agricultural society may grant a loan to another agricultural society; the terms and conditions of such loans to be a
greed upon between the lender and borrower. If an object of national importance is planned, and if the cost of its execution surpasses the financial capacity of one society, the National Union shall direct such other societies as it may choose to contribute such amounts as it may deem necessary, the terms and conditions of such contribution to be decided by the National Union, provided that no society shall be liable to any contribution unless such contribution is inserted in its regular budget.
An agricultural society may accept deposits and borrow from non- members, provided that no deposit or loan exceeding $1,000 shall be accepted without the consent of the President.
MARKETING, MANUFACTURING, TRANSPORT
Agricultural societies may build stores, process their members’ produce, organize selling agencies, alone or in partnership with merchants and capitalists, provided that no partnership shall be entered into and no joint stock company organized, and no concession granted without the consent of the National Union, and provided further that no foreign capital shall be used without the consent of the President of the Republic.
Agricultural society may organize and maintain regular land and water transportation facilities; they may own boats and trucks; they may participate in Liberian transportation companies, provided, that all restrictions enumerate and under section 25 shall equally apply to this section.
AGRICULTURAL STAFF TRAINING CENTER
Agricultural societies shall maintain a proper staff of trained agriculturists. They shall be responsible for training of its agricultural personnel at home or abroad as the necessity may be.
It shall be the duty of agricultural societies to assist the National Union in establishing a proper agricultural training center in Liberia.
ACCOUNTING, AUDIT, REPORTS.
The President may appoint a commission whose duty will be to recommend a proper system of book-keeping.
The President may appoint a person to be Auditor of
the agricultural societies and of the national union of agricultural societies and such assistant auditors as may be necessary. The position of the first auditor shall be combined with that of the registrar of co- operative societies appointed by the President under section 3 of the Cooperative Societies Act, 1936.
Every agricultural society shall send such reports to the National Union as the National Union may require.
RULES
The President of the Republic may make rules to carry out the purposes of this Act. He may delegate his power to the National Union. In particular and without prejudice to the generality of the foregoing power, he may:
Prescribe the form and manner in which the budget should be prepared;
Prescribe the conditions under which the agricultural societies may carry on their activities as mentioned in sections 25 and 26 of this Act;
Subject to the provision of section 24, prescribe the maximum of a loan or deposit from non-members.
Prescribe the rate of interest to be charged on loans as under sections 18-21 inclusive;
Prescribe the manner in which and the place where the reserve funds should be kept;
Provide for the appointment, suspension and removal of the members of the administrative council;
Provide for the General Assembly’s meetings and for the procedure at such meetings;
Provide for the books to be kept and for the audit of the account;
Provide for the reports to be submitted to the Government.
Determine the exemption from taxation and other privileges of agricultural societies.
All Rules made under this section shall be published in the “Official Gazette” and shall come into force immediately upon such publication or on the date named therein with effect as if enacted in this Act.
NATIONAL UNION OF AGRICULTURAL SOCIETIES
All agricultural societies shall be members of the National Union of agricultural societies. The President may nominate a person to be chairman of the Union. Each society shall elect two delegates from its administrative council who shall be members of the Board of the National Union.
The Board of the National Union shall meet at least twice a year, in November to deal with the budget; in April to prepare a report to the President of the Republic. The Chairman of the Union may, and if the President so require shall, summon a meeting of the Board of the Union at any time. He shall also summon such meeting if at least three agricultural societies ask for it in writing.
It shall be the duty of the National Union to elaborate a plan of work for the agricultural societies; coordinate and control their activities; prepare and propose to the President the enactment of rules; receive reports from the societies and submit its own reports to the President and in general to act for the benefit of Liberian agriculture in conformity with this Act and the rules made thereunder.
MISCELLANEOUS
All disputes arising between a member and the society or between two societies or between a society and the Union shall be dealt with according to laws being in force in the Republic. If a dispute, however, is based on a different interpretation of this Act or rules made thereunder and has no material reward in sight then and in such case:
a dispute between a member and the society, or between two societies shall be referred to the arbitration committee of the National Union whose decision shall be final;
a dispute between a society and the Union shall be referred to the President of the Republic.
Any law to contrary notwithstanding.
Approved February 24, 1936.
PRIVATE ACTS OF THE THIRTY- EIGHTH LEGISLATURE OF THE REPUBLIC OF LIBERIA. CHAPTER XXVII
AN ACT GRANTING A FERRY FRANCHISE TO JAMES E. O. DAVIS OF THE BEACH TOWN OF RIVERESS, GRAND BASSA COUNTY, TO RUN A FERRY CROSS THE RIVERESS RIVER BE- TWEEN THE BEACH TOWN OF RIVERESS AND NEGBAH POINT.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assemble:
Section 1. That from and immediately after the passage of this Act, James E. O. Davis of the Beach Town of Riveress, Grand Bassa County, Republic of Liberia, is hereby granted the right to run a Ferry across a portion of the Riveress River in Grand Bassa County, from the point known as the Beach point to the Negbah point for the period of ten calendar years with a right of another ten years
Section 2. That the maximum charges for crossing each person shall in no case exceed six (6) cents. Government officials and all other persons when travelling on official business shall be ferried free of charge. This right does not, however, prevent anyone from crossing said river at said point in his or her own canoe or boat.
Section 3. That the said James E. O. Davis shall keep suitable and substantial ferry boats or canoes at the above mentioned points for the convenience of the public. That in the case of accidents caused by the negligence of the said James E. O. Davis or for the want of suitable and substantial means of conveyance, the said James E. O. Davis shall become a proper subject for prosecution and upon conviction shall be punished in keeping with existing laws of the Republic.
Any law to the contrary notwithstanding.
Approved January 15, 1936.
CHAPTER XXVIII.
A JOINT RESOLUTION RESTORING HILIARY N. MOORE OF THE SETTLEMENT OF JOHNSONVILLE, MONTSERRADO COUNTY, REPUBLIC OF LIBERIA. TO CITIZENSHIP.
That whereas in confirmation of a decree of the Circuit Court for the First Judicial Circuit, Montserrado County, the Honourable the Supreme Court of Liberia at its November sitting in the Year of our Lord Nineteen hundred and twenty- nine, (A. D. 1929) did adjudge one Hiliary N. Moore of the Settlement of Johnsonville, Montserrado County, guilty of the crime of embezzlement; and
Whereas the said Hiliary N. Moore did serve the penalty covered by said final decree by imprisonment in the common jail and payment of the fine imposed, which, under the laws of Liberia, has deprived him of a franchise right as a free citizen of this Republic; and
Whereas the said Hiliary N. Moore has since his release from prison evinced good behavior by being fully penitent and, sincerely sorry for this breach of the law, evidenced by the signatures of more than thirty 30 persons of the Settlement in which he resides; THEREFORE
It is resolved by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Joint Resolution, Hiliary N. Moore of the Settlement of Johnsonville, Montserrado County, Republic of Liberia, be and is hereby restored to all the rights and privileges of citizen- ship in common with all other good citizens of the Republic.
Any law to the contrary notwithstanding.
Approved January 15, 1936.
CHAPTER XXIX.
JOINT RESOLUTION GRANTING UNTO MOZART J. BERNARD, ONLY HEIR OF ARTENCE BERNARD MARSH, A. REWARD OF THE FERRY RIGHTS FROM THE MARKET WHARF TO VEY-TOWN, MONROVIA, IN THE COUNTY OF MONTSERRA- DO FOR THE FURTHER PERIOD OF TEN YEARS.
Whereas Mozart J. Bernard, only heir of the late Artence Bernard Marsh, and his sister Emma M. F. Bernard, (now deceased) were granted ferry rights from the Market Wharf, to Vey- town, Monrovia, for a period of ten calendar years, as from the commencement of the granting of said rights; and
Whereas his said sister Emma M. F. Bernard, having died in August last, A. D. 1935, as well as the first ten years granted by this Honourable Body having now elapsed; Therefore
It is resolved by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
That from and after the passage of this Joint Resolution the said ferry rights from the Market Wharf to Vey- town, Monrovia, in the County of Montserrado and Republic of Liberia, be and the same is hereby granted to him the said Mozart J. Bernard, only heir now living of the late Artence Bernard Marsh, for a further period of ten calendar years certain, from the date hereof, with all the rights and privileges as are set forth in similar and former grants, with a further grant of renewing the same after the expiration of the time herein set forth shall have expired, for a further period of ten calendar years.
Any law to contrary notwithstanding
Passed by limitation.
CHAPTER XXX.
JOINT RESOLUTION GRANTING DAVID B. PEAL AND W. S. WOODS OF THE SETTLEMENTS OF MILLSBURG AND WHITE- PLAIN, MONTSERRADO COUNTY; THE RIGHT TO RUN A FERRY ACRCSS THE ST. PAUL RIVER FROM A POINT AT MILLSBURG TO AN OPPOSITE POINT AT WHITEPLAIN AND FROM THE LATTER TO THE FORMER.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, David B. Peal and W. S. Woods and such other persons as may hereinafter be associated with them, their heirs and assigns be, and they are hereby declared a body politic and corporate under the name and style of the Peal and Woods Ferry Boat Company, Limitei.
Section 2. That the Peal and Woods Ferry Boat Company, Limitei, shall have the right to maintain and run a ferry across the St. Paul River at points more fully set forth in the Preamble of this Act for a period of ten years with a privilege of another ten years. To sue and be sued, plead and be implead in any Court of this Republic having competent jurisdiction, and shall be capable of holding real and personal estate to the amount of (82,500.00) two thousand five hundred dollars.
Section 3. That the said company shall have the right to construct a wharf or wharves to facilitate its ferry landing; and, to do all other things done by similar bodies corporate.
Section 4. All transportation across said river at the above points by the Peal and Woods Ferry Boat Company, Limitei, for Government purposes, and soldiers of the Liberian Army on days of Paracare and other days requested for the performance of military duties, shall be given preference and shall be free of charge.
Section 5. The maximum charge for each person crossing shall be five cents.
Section 6. Nothing in this Act shall be construed as to prevent others from crossing in their own canoes or boats.
Any law to the contrary notwithstanding.
Passed by limitation.
CHAPTER XXXI.
AN ACT GREATING JEKWII IN SASSTOWN. SINOE COUNTY TOWNSHIP.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That immediately after the passage of this Act, Jekwi in Sasstown, Sinoe County, be, and the same is hereby created a body politic and corporate under the name and style of the Township of Jekwi, Sasstown.
Section 2. That the boundaries of the said Township of Jekwi in Sasstown shall be as follows: all of that portion of territory in Sasstown, Sinoe County, now known as New Sasstown [Jekwi] commencing from the sea- shores at a point called Fakagbe Togba’s Trench on the South Beach of the Atlantic Ocean opposite the South Eastern boundary of Old Sasstown [Fido] running from the sea shores through River Drogie; the South Eastern boundary of the said Old Sasstown (Fido) eight (8) miles, thence East eight (8) miles; thence South eight (8) miles; thence West eight (8) miles, to the place of commencement.
Section 3. Nothing in this Act shall be construed to sub- ordinate in any degree the tribal authority of Sasstown to the said Township authorities: neither shall the tribal authority be in anywise restricted in the exercise of its authority in keeping with the approved Native Customary Law of the Republic.
Section 4. That the said Township of Jekwi Sasstown, Sinoe County, shall be entitled to all the rights and privileges according to law in such cases made and provided.
Section 5. This Act shall take effect immediately and be published in hand- bills.
Any law to contrary notwithstanding.
Approved February 6, 1936.
CHAPTER XXXII
AN ACT INCORPORATING THE CHAUFFEUR’S UNION OF LI BERIA.
Whereas, there has been organized in the City of Monrovia, as Headquarters, a protective union, under the name and style of “The Chauffeur’s Union of Liberia”; and
Whereas, the object of this Union is for the purpose of safeguarding the general interests of vehicles, by strict adherence to, and observance of, the traffic laws of Liberia, and obedience to all officials charged with the enforcement of said laws, to protect, maintain and defend the general interests of its members in pursuit of their vocation as chauffeurs, to assist the Department charged with the reduction of motor accidents by recommending only skilled and efficient chauffeurs to positions on the traffic control staff, to prevent as much as possible, and discourage reckless driving on the public highways of this Republic, and to promote, general efficiency along all lines appertaining to this vocation; therefore
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, James E. Roberts, President, F. E. Robertson, Vice- President, Jaiah Massaquoi, Secretary, Walter Holt, Treasurer, Attorney C. Abayomi Cassell, Solicitor, and all other persons who are and may become chauffeurs within the Republic of Liberia and are citizens thereof, be and they are hereby declared a body politic under the name and style of “The chauffeur’s Union of Liberia,” and in that name may sue and be sued, plead and be impiaied in any of the Courts of the Republic having competent jurisdiction.
Section 2. The Union shall operate its headquarters at Monrovia with relative branches in all of the Counties of the Republic where motor traffic is operating, and shall be under the supervision and control of the Department controlling motor traffic in the Republic.
Section 3. The Union shall have the right to make a Constitution and Bye- laws for its governance, which shall be binding upon every member of the Union, provided, however, said Constitution and Bye- laws be not repugnant to the laws of the Republic.
Section 4. The Union in such name is hereby granted the right to take, obtain and hold by purchase, gift or otherwise both real and personal property to the value of Twenty- five thousand dollars ($25,000.00) and enjoy all and singular and rights, privileges to like bodies granted.
Section 5. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding. Passed by limitation.
CHAPTER XXXIII
JOINT RESOLUTION INCORPORATING THE YOUNG MEN’S CHRISTIAN ASSOCIATION OF LIBERIA.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and after the passage of this Joint Resolution, Arthur Barclay, Chairman; William E. Dennis, Vice Chairman; Benjamin T. Collins, Secretary; Thomas J. R. Faulkner, Treasurer; and Henry E. Luke, Members of the Board of Trustees of the Young Men’s Christian Association of Liberia; and James F. McCritty, J. C. O. Brown, C. I. Simpson, I. L. Embrey, W. S. Murloch, H. L. Harmon, Jos. F. Dennis, Charles E. Cooper, G. L. Dennis, Henry Coleman, Henry R. Cooper, I. Van Fiske, G. B. Seavenson, J. D. Beysolow, I. K. Johnson, A. T. G. Appleton, and Roland T. Dempster, together with all such persons as may become members of said Board from time to time, be, and the same are hereby constituted and declared, a body politic and corporate by the name and style of The Young Men’s Christian Association or Liberia.
Section 2. That the said Association may sue and be sued, plead and be implead in any of the courts of this Republic having competent jurisdiction, and also own real and personal property to the value of Twenty thousand dollars ($20,000.00) and may make Constitution, Bye- laws and Regulations that are not repugnant to the Constitution and laws of Liberia, and do all things necessary to carry out the purpose of the Association.
Any law to the contrary notwithstanding.
Approved February 7, 1936.
CHAPTER XXXIV
AN ACT INCORPORATING THE LIBERIA COMPANY OF GARRAWAY, MARYLAND COUNTY, REPUBLIC OF LIBERIA.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That Sieday Gonoway, Marna- Yuba, Gboday- Twarnon, and Hneday- Karmano, all of the Settlement of Garraway, Maryland County, and Republic of Liberia, Board of Directors, and all other person or persons who are or may hereafter become associated with them are hereby constituted a body corporate by the name and style of The Liberia Company Garraway, Maryland County and Republic of Liberia with the right of perpetual succession and by and in that name may sue and be sued, plead and be implead in any of the Courts of the Republic having competent jurisdiction.
Section 2. The Liberia Company Garraway shall enjoy all the rights and privileges and do all other such acts and and things as are enjoyed and done by like bodies corporate, and shall have the right to acquire, hold, possess and enjoy as well as contract, convey, mortgage, and by purchase property real, personal or mixed to the value of Two thousand dollars ($2,000, 00).
Section 3. The object of this company is to cultivate the spirit of christian companionship among its members, and to assist of in all efforts the betterment of the social condition of its community.
Section 4. The company is hereby vested with full power to make such Bye- laws and regulations for its own government that are not repugnant to the Constitution and laws of the Republic of Liberia.
Section 5. This Act shall take effect immediately and be published in hand bills.
Any law to the contrary notwithstanding.
Approved February 12, 1936.
CHAPTER XXXV
AN ACT GRANTING JOSEPH T. INNIS OF GRAND BASSA COUNTY, IN THE REPUBLIC OF LIBERIA, PENSION FOR AND DURING HIS NATURAL LIFETIME.
Whereas Joseph T. Innis, a citizen of Grand Bassa County, has been for a long period of time in actual and faithful service of the Government of Liberia; and
Whereas he is now stricken in age, and in consideration of his services heretofore rendered the State in various capacities in the local Government of the County of Grand Bassa; therefore:
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, Joseph T. Innis, retired Superintendent of Grand Bassa be and he is hereby granted pension in the sum of three hundred dollars (S300.00) per annum for and during his natural life.
Section 2. That the sail amount be paid in monthly instalments of Twenty- five dollars (S25.00).
Section 3. That the Secretary of the Treasury of the Republic of Liberia is hereby authorized and directed to draw for same under warrant of the President out of any monies in the Public Treasury not otherwise appropriated.
Section 4. This Act shall take effect immediately and be published in hand bills.
Any law to the contrary notwithstanding.
Passed by limitation.
CHAPTER XXXVI AN ACT TO DISSOLVE THE MARITAL RELATIONSHIP BE TWEEN P. G. WOLO AND JUAH WEEKS- WOLO, HIS WIFE. Whereas it has been made to appear from a petition of P. G. Wolo and other evidence that the relationship existing between himself and J.ah Weeks-Wolo, his wife, as husband and wife should be dissolved and made void because of justifiable causes actually existing other than those specially laid down in the Divorce Act, It is resolved by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled: Section 1. That from and after the passage of this Act, the relationship of husband and wife existing between P. G. Wolo and J.ah Weeks-Wolo, be and the same is hereby annulled and made void as though no such relationship ever existed and that in law they be held and regarded as separate persons, and the said P. G. Wolo pay into the Public Treasury the sum of Twenty- dollars (825.00) as Government Tax fee. Section 2. This Act shall take effect immediately and be published in hand-bills. Any law to the contrary notwithstanding. Approved February 14, 1936. CHAPTER XXXVII AN ACT INCORPORATING THE WEADEE LODGE NO. 10263. GRAND UNITED ORDER OF ODD FELLOWS, OF THE SETTLE- MENT OF ARTHINGTON, MONTSERRADO COUNTY, REPUBLIC OF LIBERIA. It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled: Section 1. That from and immediately after the passage of this Act S. R. Irishane, Noble Grand; I. H. Pioneer, Vice Grand; P. J. Bracewell, P. rmanent Secretary; J. J. Siram, Elec- tive Secretary; Harmon Bracewell, Worthy Treasurer; A. W. Hawkins, Worthy Chaplain; Charles V. Grove, Noble Father; Solomon J. Askie Past Noble Father; William Bryant, Past
That the said Weadee Lodge No. 10263 may own property. real and personal. to the value of ten thousand dol- lars (s10,000,00) and to enjoy all and singular any rights and privileges as all similar bodies corporate and politic.
Any law to the contrary notwithstanding.
Approved February 14. 1936.
CHAPTER XXXVIII
AN ACT INCORPORATING “CROWD 12” OF MONROVIA.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section i. That from and immediately after the passage of this Act. William E. Dennis, President; C. Abayomi Cassell, President Emeritus; Oscar S. Korman. Vice President; J. David Moore, Secretary; C. E. Bailey, Assistant Secretary; William R. Davies, Treasurer; Joseph F. Dennis, Critic; John L. Cooper, Master of Ceremonies; Benjamin G. Freeman, Charles T. O. King, B. S. Bright, Henry F. Cooper, John H. Brown, Edward B. McClain, Joseph J. Mendes-Cole, James B. Dennis, B. J. K. Anderson, Charles C. Dennis, Lhaine S. Ellis; Jessie R. Cooper, Richard D. Henries K. Senese Kromah, John W. Cooper, James W. Dennis, Jr. and William O. DeShield together with such other persons that may in future become members of such “Crowd”, be and they are hereby constituted and ordained a body politic and corporate under the name and style of “Crowd 12” of Monrovia and in that name may sue and be sued plead and be implead and in any of the courts of this Republic having competent jurisdiction.
Section 2. That the said “Crowd” may own property real and
personal to the value of 10,000(,60 ten thousand dollars) and to enjoy all and singular any of the rights and privileges enjoyed by the bodies corporate and politic.
Any law to the contrary notwithstanding
Passed by limitation.
CHAPTER XXXIX.
A JOINT RESOLUTION GRANTING HONOURABLE JAMES S. SMITH, VICE PRESIDENT OF THE REPUBLIC OF LIBERIA. LEAVE TO GO OUT OF THE REPUBLIC.
Whereas, The Honourable James S. Smith, Vice President of the Republic of Liberia, visited Europe in the year 1935, in search of medical attention and was partially successful, and
Whereas it is necessary that he again leave the Republic for further medical attention so as to enable him to recover his normal health. Therefore
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Joint Resolution, the Honourable James S. Smith, Vice President, is hereby granted leave of absence from the Republic of Liberia for the period of three months more or less commencing from the month of July ensuing.
This Act shall take effect and be published in hand- bills. Any law to the contrary notwithstanding.
Approved: March 2, 1936.
CHAPTER XL.
AN ACT TO GRANT ANNUITY TO D. BUDU HODGE OF MARYLAND COUNTY.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled.
Section 1. That Daniel Budu Hodge of Maryland County be and he is hereby granted Annuity in the sum of one hundred dollars per annum.
Section 2. The Secretary of the Treasury is hereby authorized to draw for same under warrant of the President out of any monies in the Public Treasury not otherwise appropriated.
Section 3. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Passed by limitation.
CHAPTER XLI
AN ACT FIXING THE DAY OF ADJOURNMENT OF THE IST SESSION OF 38TH LEGISLATURE OF THE REPUBLIC OF LIBERIA.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled.
Section 1 That from and immediately after the passage of this Act, the last Session of the 38th Legislature of the Republic of Liberia adjourn sine die on the 5th day of March A.D. 1936.
Any law to the contrary notwithstanding.
Passed into law March 5th 1936.
ACTS PASSED BY THE LEGISLATURE
Republic of Liberia
DURING THE SESSION 1936
MONROVIA
FRANK T. GRIMES, Sr., Chief Printer. (DEPARTMENT OF STATE) GOVERNMENT PRINTING OFFICE. MONROVIA, LIBERIA. 1936.
PUBLIC ACTS OF THE THIRTY – EIGHTH LEGISLATURE OF THE REPUBLIC OF LIBERIA.
Passed at their Second Session which was begun and held at the City of Monrovia, County of Montserrado, the Second Monday in October A. D. 1936 and adjourned without day on the 17th day of December A. D. 1936.
CHAPTER I.
AN ACT TO AUTHORIZE THE COINAGE OF FRACTIONAL CURRENCY.
It is enacted by the Senate and House of Representatives of the Republic of Liberian in Legislature assembled.
Section 1. The President of the Republic is hereby authorized and empowered, whenever he may deem it necessary, to direct the Secretary of the Treasury to coin annually and put into circulation copper, bronze or zinc coins of the denomination of one- half cents, one cent, and two cents of the total par value of not to exceed Ten Thousand ($10,000) Dollars.
Section 2. The subsidiary coins authorized by this Act shall be inscribed with such devices and legends as the President shall direct and shall be of such weight and fineness as he shall determine.
Section 3. The copper coins of the Republic of Liberia shall be legal tender, at their nominal value in any amount not exceeding $5.00 in any one payment, for all private debts, and
for all debts owing to the Government of Liberia, except Customs duties; provided that such fractional coins shall be accepted by the Government of Liberia in unlimited amounts in discharge of any obligation to the Government arising from the deposit of Government funds with any private firm or banking institution.
Section 4. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved November 27, 1936.
CHAPTER II.
AN ACT PROVIDING FOR THE MORTGAGING OF PERSONAL PROPERTY AND FOR THE REGISTRATION OF MORTGAGES SO EXECUTED.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. The short title of this Act shall be the “The Chantel Mortgage law”.
Section 2. All personal property shall be subject to mortgage, agreeably to the provisions of this Act, and a mortgage executed in pursuance thereof shall be termed a chattel mortgage.
Section 3. A chattel mortgage is a conditional sale of personal property as security for the payment of a debt, or the performance of some other obligation specified therein, the condition being that the sale shall be void upon the mortgagor paying to the mortgagee a sum of money or doing some other act named. If the condition is performed according to its terms the mortgage immediately becomes void, and the mortgagee is thereby divested of his title.
Section 4. A chattel mortgage shall not be valid against any person except the mortgagor, his executors or administrators, unless the mortgage is prohibited and registered, in the same manner as that provided by law for the probate and registration of instruments relating to real estate, in the county in which the mortgagor resides at the time of making the sale; provided, however, that if the property, or any part of it, is situated in a different county, or in different counties, from that in which the mortgagor resides, the mortgage shall be probated and recorded
in the county in which the mortgagor resides and in each county in which any part of the property is situated.
Section 5. A chattel mortgage shall not be valid, except as to the mortgagor, his executors or administrators, unless the mortage is presented to the proper court for probate within ten days from the date thereof, or unless presented to the Registrar for record, as herein provided, within five days from the date of probate. It shall be the duty of the clerk of the court to note upon each chattel mortgage presentiel for probate the date of its presentation, and the date of probate, if probate is granted.
Section 6. Chattel mortgages shall be executed in duplicate. Such mortgages shall be signed in duplicate by the person or persons executing the same, as mortgagor and mortgagee respectively. In the presence of two witnesses, who shall sign the mortgage as witnesses to the execution thereof. Chattel mortgages shall be deemed to be sufficient when made substantially in accordance with the following form:
This chattel mortgage, made this day of 19 by a resident of County of Republic of Liberia, Mortgagor, to a resident of County of Republic of Liberia, Mortgagee, Witnesseth:
That the said mortgagor hereby conveys unto the said mortgagee, by way of mortgage, all of the following described personal property situated at in the County of Republic of Liberia, and now in the possession of said mortgagor, to wit:
(Here insert a specific description of the property mortgaged)
This mortgage is given to secure performance by the mortgagor of his obligations unto the mortgagee in accordance with the terms of his promissory notes, in words and figures as follows:
(Here insert a copy of the note or notes secured)
(If the mortgage is given for the performance of some obligation other than the payment of promissory notes, describe concisely the obligation to be performed.)
The conditions of this obligation are such that if the mortgagor, his heirs, executors or administrators shall well and truly
perform the obligation (or obligations) above stated according to the terms thereof, then this mortgage shall be null and void.
As long as the conditions of this mortgage remain unbroken the mortgagor may retain possession of the mortgaged property but upon breach thereof the mortgagor’s right of possession shall immediately terminate.
Executed in duplicate at in the County of Republic of Liberia, this
In the presence of:
Signature of Mortgagor
Signature of Mortgagee
Witness
Witness
The parties may include in a contract of chattel mortgage any valid pact or conditions they may agree upon.
Section 7. When a corporation is a party to such mortgage it may be made and subscribed in the name of the corporation by its general manager or any officer thereunto authorized by its Articles or By- laws, or by an officer or any other person so empowered by resolution of the Board of Directors. When a partnership is a party to a mortgage, the mortgage may be executed on its behalf by any member authorized by the Articles of Partnership to bind it by his signature or by any person properly authorized by power of attorney.
Section 8. The description of the mortgaged property shall be such as to enable the parties to the mortgage, or any other person, after reasonable inquiry and investigation, to identify the same.
If the property mortgaged be cattle, the description shall include a statement of the brands, class, sex, age, or other marks of ownership or identification of the mortgaged animal or animals.
Section 9. A chattel mortgage shall cover only the property described therein and not like or substituted property thereafter acquired by the mortgagor; provided, however, that a chattel mortgage of a stock of merchandise in the place of business of a merchant, fully described in a valued inventory appended to and made a part of the instrument of mortgage, shall be valid and
the lien of the mortgage shall attach to new goods of the same general character purchased for replenishment by the mortgagor from time to time and placed in stock to take the place of goods disposed of by him in the ordinary course of trade and which are on hand when the mortgage matures; but provided further, that the lien of such mortgage shall attach only to an amount of goods not exceeding in value those described in the mortgage. on hand in the mortgagor’s place of business upon the maturity of the obligation secured by the mortgage.
Section 10. If the mortgage, or the person who has succeeded to his rights, fails or refuses to accept the amount due under the mortgage, upon tender thereof when due, and to execute a release thereof, the mortgagor may deposit the amount due, as shown by the mortgage, with the Clerk of the Circuit Court of the county in which the mortgage resides or in which the property or any part thereof of was situated at the time of the execution thereof, and shall by such payment be released from all further liability to the mortgagor. The Clerk shall issue his official receipt for all sums so paid him, and shall forthwith give notice to the mortgagee, by registered mail, that the same is available to him for payment on demand.
Section 11. No personal property upon which a chattel mortgage is in force, shall be removed from the county in which the same is located at the time of the execution of the mortgage, or to which it has been lawfully removed thereafter, without the written consent of the mortgagee, his executors, administrators or assigns endorsed upon the mortgagee’s duplicate copy of the mortgage.
Section 12. A mortgagor of personal property shall not sell or pledge such property mortgaged by him, or any part thereof, without the consent of the mortgagee endorsed in writing upon the mortgagor’s duplicate copy of the mortgage; provided, nevertheless, that if the mortgagor is a merchant, and the goods mortgaged constitute a moving stock of merchandise in the mortgagor’s ordinary place of business, sales may be made therefrom by the mortgagor in the ordinary course of his business, as in this Act provided, and purchases in good faith shall take title to such merchandise free from the lien of the mortgage.
Section 13. A mortgagor shall not execute a second or subsequent mortgage of personal property while the same is subject to the previously existing mortgage given by such mortgagor unless the existence of such previous mortgage is set forth in the subsequent mortgage.
Section 14. If mortgagor violates either of the three last preceding sections he shall be guilty of a misdemeanor and shall be subject to a fine of double the value of the property so wrongfully removed from the county, sold, pledge or mortgaged, one half to the use of the party injured and the other half to the use of the Treasury of the Republic of Liberia, or he may be imprisoned for a period not exceeding six months, or punished by both such fine and imprisonment, in the discretion of the Court.
Section 15. All payments of interest or on account of principal of the secured debt shall be endorsed upon the mortgagee’s original and upon the mortgagor’s duplicate original of the instrument of mortgage; and it shall be presumed, in the absence of satisfactory proof to the contrary, that no payments not so evidenced have been made.
Section 16. Upon payment of the entire amount due upon the mortgage, as shown by the endorsements or by the receipt of the Clerk of the Court for any payment made to him by the debtor, as provided in Section 10 hereof, or by such endorsements and receipt, the Registrar, upon presentation to him of such proof of payment, shall make a note upon the transcription of the mortgage in his books, showing that the same has been satisfied and cancelled, and shall make a similar notation upon the mortgagor’s duplicate of the mortgage; and upon such cancellation the lien of mortgage upon the property therein described shall be wholly discharged.
Section 17. If the principal amount secured by the mortgage and the interest thereon or any part of such principal and interest be not paid at the original date of maturity, as therein stated, or any extension of such maturity granted by the mortgagee and noted in writing by him upon the mortgagor’s duplicate of the instrument, the mortgage may be foreclosed in the following manner:
a) The mortgagee shall present his duplicate of the mortgage to the Justice of the Peace in whose judicial district the property is situated at the time of the foreclosure of the mortgage, with a statement in writing as to the amount the due and owing thereon, that no extension of time has been granted the mortgagor, and demand that the mortgage be foreclosed.
b) If the amount due, as shown by the mortgage and endorsements thereon, be not less than that so stated by the mortgagee, the Justice of the Peace shall make an order in writing in which after a brief recital of the facts he shall direct the officer of his
court to take possession forthwith of the mortgaged property, or such part thereof as he can find, bring it to the Court House for safekeeping, and make return of his proceedings. c) The officer at the time of taking possession of the mortgaged property shall give the person or persons in whose possession it is found a receipt for the same, a copy of the mortgage and of the order of the Justice of the Peace and a written notice that unless previously redeemed, the property will be sold by order of the court pursuant to the provisions of The Chattel Mortgage Act. d) Upon receipt of the return of the officer the Justice of the Peace, if it appears therefrom that the mortgaged property or any part thereof has been brought into the custody of the court, shall forthwith, by order in writing, direct that the same be sold at auction at a time not earlier than five days from the date of the seizure thereof and not later than twenty days thereafter. e) The sale of the mortgaged property shall be made in the same manner and upon such publication of notice as that prescribed by law for the sale of personal property seized upon execution for the satisfaction of final judgments of courts of the Justices of the Peace. f) The net proceeds of the sale, after the deduction of costs allowable upon sales of such personal property on execution, including the necessary cost of transportation and storage, shall be paid to the mortgagee to the extent necessary to discharge the indebtedness; and the balance, if any, shall be paid to the mortgagor. g) Upon the completion of the proceedings of foreclosure, the Justice of the Peace shall issue and send forthwith to the Registrar a certificate thereof with (1) a description of the property which has been sold on foreclosure, (2) the names of persons to whom it has been sold, (3) the price received for each separate article or group of articles, (4) the total amount paid to the mortgagee, and (5) the balance, if any, still remaining unpaid, or (6) a declaration that the mortgage has been satisfied if the net amount realized from the sale is not less than the amount then due the mortgagee.
Section 18. The purchaser of mortgaged chattels, upon the foreclosure sale thereof in any manner authorized by this Act, shall take title thereto to the same extent as does the purchaser of such chattels upon a sale thereof under a valid writ of execution.
Section 19. Every Registrar shall:
(keep a book of records of chattel mortgages authenticated by a sealed certificate of the Clerk of the Circuit Court showing the number of pages in the book, each of which shall be signed at the foot by the Clerk;
b) certify in writing upon each duly probated instrument or chattel mortgage presented to him for registration, the date when the same was presented for probate, and the date when the same was presented to him for record;
c) record in such book, by verbatim transcription, all chattel mortgages presented to him for record, and all annotations thereon concerning the probate thereof;
d) note upon his records and upon the original or duj licate original of such mortgage any subsequent modification thereof by the parties;
e) record all duly probated instruments of assignment of chattel mortgages;
f) record all instruments of cancellation of recorded chattel mortgages authenticated by the mortgagee;
g) record all certificates concerning foreclosure issued by any Justice of the Peace pursuant to the provisions of this Act;
h) issue certified copies of the record concerning any chattel mortgage to any person requesting the same; and
i) permit his record book of chattel mortgages to be in- spected and read, at all reasonable hours, by any person whomsoever.
Section 20. For the services required of him, the Registrar shall receive:
a) For recording each chattel mortgage twenty- five (80.25) cents per page.
b) For recording each release of a chattel mortgage twenty- five (80.25) cents.
c) For recording an assignment twenty- five (80.25) cents per page.
d) For recording any modification of a recorded chattel mortgage twenty- five (80.25) cents per page.
e) For issuing certified copies of his record twenty- five (80.25) cents per page, including certificate.
f) For permitting an inspection of his book of record ten (80.10) cents
Fees so received shall accrue to the Registrar as his perquisites.
Section 21. In the event that the sale on foreclosure of property mortgaged to secure a money obligation should not produce a net amount sufficient to satisfy the amount due the mortgagee, the latter may enforce payment of such deficiency by action against the mortgager.
Section 22. At the option of the mortgagee, in lieu of the summary process of foreclosure herein authorized, suit may be brought upon the indebtedness evidenced by the mortgage and the judgment recovered, if any, satisfied by the sale on execution of the mortgaged property, which shall continue, until so sold, subject to the lien of the mortgage. The deficiency, if any, after such sale may be satisfied by execution levy upon and sale of other property of the debtor.
Section 23. The mortgagor may redeem mortgaged property at any time before the sale thereof by the payment of the full amount of the debt and all costs paid or incurred by the mortgagee in proceeding for foreclosure.
Section 24. Any person claiming, adversely to the mortgagor and mortgagee, any property taken into the custody of a Justice of the Peace upon foreclosure proceeding under Section 17 of
this Act, shall be entitled to the same remedies, in respect there- of, as those available to third party claimants of property seized upon writs of attachment or execution.
Section 25. The provisions of law concerning personal property exempt from execution shall not be applicable to the foreclosure of chattel mortgages upon such property.
Section 26. When, with the consent of the mortgagee, mortgaged chattels are removed form one county to another, the lien of the mortgage shall cease, except as between the parties thereto, unless the mortgagee, within ten days from the date of the endorsement upon his duplicate of the instrument of mortgage, shall present the same for record to the Registrar of such county, who shall forthwith record the same upon the authority of the original order of probate noted thereon.
Chattel mortgages probated or recorded after the expiration of the terms herein prescribed shall not be valid except as against the mortgagor, his executors and administrators, and against persons claiming an interest in the mortgaged chattels accruing later than ten days after the date of recordation of the mortgage in the county in which the mortgaged chattels were situated at the time of the execution of the mortgage or to which they have been lawfully removed thereafter.
Section 28. Nothing in this Act contained s all be construel as affecting the right of the owner of personal property to make a valid pledge thereof in accordance with the law governing the contract of pledge.
Any law to the contrary notwithstanding Approved November 27, 1936.
CHAPTER III
AN ACT TO AMEND THE CRIMINAL CODE OF 1914 BY THE ADDITION OF TWO SECTIONS PENALIZING THE TAKING OR GRANTING OF SECRET COMMISSIONS OR DISCOUNTS ON SALES TO THE GOVERNMENT, AND OTHER CORRUPT ACTS.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. Chapter eleven of the Criminal Code of 1914 is hereby amended by the addition thereto of a section to follow section 131, numbered 131—A, to read as follows:
“Section 131-A. Any official or employee of the Government who is authorized to effect purchases or make contracts for the Government or any department, bureau or branch thereof, or for any municipality or other subordinate political entity, who shall solicit or accept from the seller or contractor, for his own use or benefit or for the use or benefit of any other person, any commission, special reduction in price, discount, or any other thing or service of value, shall be deemed guilty of official misconduct, and upon conviction shall be punished by a fine not to exceed an i thousand dollars and by imprisonment for a term not exceeding one year, and upon such conviction, shall be dismissed from his office or employment.”
Section 2. Chapter seven of the Criminal Code of 1914 is hereby amended by the addition thereto of a section following Section 105, to be numbered Section 105—A, to read as follows:
“Section 105—A. Any person, whether acting for himself or on behalf of any other person, firm or corporation, who shall pay or offer to pay or give or offer to give to any government official or employee, or to any other person at the instigation of such official or employee any money or other thing of value by way of commission, discount or rebate upon any purchase for the Government or upon any contract for the remission of any service thereto, or to any department, bureau or branch of the Government or municipality or other subordinate political entity, made for the purpose of wrongfully influencing the conduct of such official or employee in any other specific official transaction shall be guilty of a felony and shall upon conviction be fined in a sum not to exceed one thousand dollars and by imprisonment for a term not to exceed six months.”
Any law to the contrary notwithstanding. Approved December 7, 1936.
CHAPTER IV
AN ACT RELATING TO AN AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LIBERIA AND OF THE FRENCH REPUBLIC CONCERNING THE EXPLOITATION OF AVIATION LINES.
It is enacted by the Senate and the House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. In accordance with an Agreement between the Republic of Liberia, and the French Republic, concerning the exploitation of Aviation Lines, and
Section 2. Whereas, the Government of the Republic of Liberia grant to a French company designated by the French Government the right to fly over the territory of the Republic including territorial waters, and contingently to alight in the said territory or territorial waters, with a view to the exploitation of a coastal commercial and aviation lines; and
Section 3. Whereas the Government of the French republic, on their side, will examine in a friendly spirit, any request presented by a Liberian company which, in case of establishment of an aviation line, would desire to fly over French territory; and
Section 4. Whereas notification of the opening date of the authorized lines as well as indication concerning schedules and flying equipment shall be given in due time to the competent Department of the country to be flown over, the notification shall be renewed for every change made in the functioning of the line.
Section 5. Whereas the said Agreement is valid of a period of five years dating from the day of its signature, and then be renewed by tacit agreement every five years, save through notice given one year previously by one of the two Governments.
Section 6. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved December 11, 1936.
CHAPTER V
AN ACT TO EXTEND THE JURISDICTION OF THE MUNICIPAL COURT OF GRANDCESS AND CREATING A REVENUE DIVISION THEREOF.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled;
Section 1. That the jurisdiction of the municipal court of the Municipality of Grandcess be and the same is hereby extended to hear and determine all complaints for default in the payment of internal revenue obligations such as taxes, licenses or any other item of internal revenue; and it shall exercise jurisdiction in all such cases, under the existing laws relating to the enforcement of the payment of all classes of internal revenue within the limits of the Municipality of Grand Cess.
Section 2. Complaints against any party shall be made and action commenced in conformity with the laws now in force relating to the commencement of suits for violation of or failure to pay taxes or any other item of internal revenue imposed by law.
Section 3. The superintendent of police and the clerk of the municipal court shall be the ministerial and clerical officers of the court in all revenue cases, and all actions commenced in such cases shall be designated “Revenue Division.”
Section 4. The magistrate of the municipal court shall make quarterly reports to the Circuit Court of all revenue causes heard by the court; showing the title of each cause, the names of parties and how disposed of.
Section 5. Any law or parts of laws conflicting with the provisions of this Act, are hereby repealed.
Any law to the contrary notwithstanding.
Approved December 15, 1936.
CHAPTER VI
AN ACT AMENDATORY TO AN ACT ENTITLED AN ACT TO REGULATE THE PRACTICE AND DISPENSING OF MEDICINES IN THE REPUBLIC OF LIBERIA AND PROVIDING FOR THE CREATION OF A DIRECTOR OF PUBLIC HEALTH AND SANITATION.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. From and after the publication of this Act, it shall be unlawful for any person or persons to perform the functions of a physician, surgeon dentist, nurse, mid- wife pharmacist or dispenser within the Republic, without first satisfying the Government of their qualification by exhibiting to the Medical Board, hereinafter provided for, a certificate or diploma from some recognized local or foreign institution authorized to give such diplomas or certificates.
Section 2. It shall be unlawful for any individual or firm to dispense or mix medicines and drugs, unless this is done by a pharmacist or dispenser in his or their employ, certified in accordance with Section 1 hereof. This, however, shall not prevent practicing physicians from selling or mixing drugs or dispensing medicines to their patients.
Section 3. An annual license fee, fixed by law and collectable by the Bureau of Revenues, shall be paid by all persons who shall be licensed to practice medicine, surgery, dentistry, nursing, midwifery, as well as by all dispensers and pharmacists. Provided, however, that no qualified physician who dispenses to his own patients, shall be required to take out a dispensing license.
Section 4. A Medical Board consisting of three qualified physicians shall be appointed by the President. The duty of this Board shall be to examine and pass upon the qualification of any person applying for license to practice as physician, surgeon, dentist, nurse, midwife, pharmacist or dispenser. The Board shall issue certificates to such applicants as are found to be qualified and shall keep a register of such certificates when issued. Transcript of such a register shall be furnished the Bureau of Public Health and Sanitation, as well as to the Bureau of Revenues and shall be evidence to this latter Bureau of the applicant’s right to secure a license.
Section 5. It shall be unlawful for a physician, surgeon, nurse, midwife, pharmacist or dispenser to refuse to attend a patient taken to him unless such practitioner, at the time is ill or engaged with some other emergency case which prevents him or her from performing the service required, and provided further, that no qualified physician shall be under obligation to attend a patient who prior to his being called to the case, had been treated by an unqualified person or native herbalist.
Section 6. In case of a dispute between a patient and a medical practitioner under this Act, in respect of the justness of fees charged and cost of medicine supplied, the matter shall be referred by either party, to the Medical Board, whose decision shall be binding upon the parties to the dispute and shall avail as conclusive evidence in any court in which recovery of the sum lawfully recoverable or payable is sought.
Section 7. The administration and supervision of the Bureau of Public Health and Sanitation shall be by a medical doctor under the designation of the “Director of Public Health and Sanitation,” who shall be appointed by the President with the consent of the Senate. The Director shall hold office during the pleasure of the President and his salary shall be such as may be fixed by law. He shall perform the duties of his office in strict conformity with the Act of December 19, 1930, and all subsequent laws, rules and regulations promulgated in pursuance thereof. The Director shall, in addition to the work of the Sanitary Bureau, supervise and conduct the work of Government hospital, Government dressing Stations and all Government institutions relating to health and sanitation. The Director shall have further right to inspect and, when the circumstances demand, of controlling and superintending all hospitals, health and sanitary institutions within the Republic, eleemonanary, private or public.
Section 8. A medico-legal service shall be established under the direction of the Medical Board, whose duty it shall be to render expert medical service, when requested, to the courts of the Republic. No person shall be appointed a member of this Service unless he shall have qualified in accordance with Section 1 hereof. The supreme medico-legal form shall be the Medical Board.
Section 9. Any person violating any of the provisions upon conviction before a court of competent jurisdiction, of this Act, shall for the first offence, be fined a sum not exceeding one hundred dollars ($100.00) or imprisonment for a period not ex
exceeding one (1) year, for the second offence, he shall be fined in a sum not less than three hundred dollars (S300.00) and not to exceed five hundred dollars (S500.00) or imprisonment for a period not less than two (2) years and not more than five (5) years, and his license, granted under section 1 of this Act shall be withdrawn and cancelled.
ERRATUM:
The end of Chapter VI on page 16 read:
Any law to the contrary notwithstanding.
Approved December 15, 1936.
CHAPTER VII
AN ACT TO APPROVE MEMORANDUM AGREEMENT BE- TWEEN THE GOVERNMENT OF THE REPUBLIC OF LIBERIA AND THOMAS J. R. FAULKNER.
It is enacted by the Senate and the House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the Memorandum of Agreement made and entered into between the Government of the Republic of Liberia, represented by Dixon B. Brown, Postmaster General, and Thomas J. R. Faulkner, a resident of the City of Monrovia, Republic of Liberia, dated 1936 which Agreement grants to Thomas J. R. Faulkner the right to establish and operate a system of Telephone Communication in the City of Monrovia and elsewhere in the Republic of Liberia, be and the same is hereby approved, and the said Thomas J. R. Faulkner is hereby granted the rights and privileges to establish and operate a telephone system in Monrovia and elsewhere in the Republic of Liberia, under the terms and conditions of the Agreement which is hereby approved.
Section 2. This Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding.
Approved December 16, 1936.
CHAPTER VIII
AN ACT CREATING A BUREAU OF TRADE AND COMMERCE IN CONNECTION WITH THE TREASURY DEPARTMENT AND REPEALING AN ACT APPROVED JANUARY 26, 1923 ENTITLED: “AN ACT CREATING A COMMERCIAL DIVISION IN THE TREASURY DEPARTMENT.”
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the Act approved January 26, 1923 entitled: “An Act Creating A Commercial Division to the Treasury Department” be and the same is hereby repealed
Section 2. That immediately after the passage of this Act, there shall be created, in connection with the Treasury Department and under the management of the Secretary of the Treasury, a Bureau to be styled “The Bureau of Trade and Commerce.”
Section 3. The personnel of the Bureau shall be a commissioner who shall be the head of the Bureau, and as many deputy commissioners, inspectors and clerical employees as the President may decide.
Section 4. The Bureau shall serve as a centre of trade information for all persons, firms and corporations, whether of Liberian or foreign origin, interested in the markets of the country. For this purpose,
(a) The Bureau shall keep a register of all commercial enterprises doing business within the Republic, such register to be based on trade licenses issued by the Bureau of Revenues.
(b) The Bureau shall keep a record of all imports and exports, by quantity and value, as supplied monthly by the Customs Service.
(c) The Bureau shall keep a record of prices of all the main products of Liberia: (1) c. i. f. European ports; (II) f. o. b. Liberian ports and (III) prices paid locally to farmers. The c. i. f. prices shall be supplied by the Liberian Consuls abroad; f. o. b. prices by the local Chamber of Commerce; and prices paid to producers by county superintendents.
(d) The Bureau shall keep a record of all laws, rules and regulations concerning the exportation of West African products from colonies, protectorates and mandates of West Africa, as well as a record of all restrictions and preferences for West African products, in force from time to time in the principal importing nations. Particularly the records shall cover export duties, bonuses, bounties, etc. in West Africa, and the tariff restrictions and preferences in Europe. The above information shall be supplied by Liberian Legations and Consulates abroad and on the West African Coast.
(e) The Bureau shall publish from time to time, in the Liberian Official Gazette, such information as might be of interest to the trading community. Liberian producers and foreigners interested in Liberia.
Section 5. It shall be the duty of the Bureau of Commerce and Trade to survey the market conditions in the Republic, particularly.
(a) to survey the stocks of exportable produce;
(b) to make a thorough study of methods of buying of local products for export and the methods for their transportation.
(c) make a study of the costs of handling the exportable products from the farmers hand to coast ports.
(d) to inspect the quality of such products.
(e) to report all abuses, if any, to the Secretary of the Treasury.
Section 6. It shall be the duty of the Bureau of Trade and Commerce to collect all data concerning the standardization of West African products in colonies, protectorates and mandates of West Africa and to maintain a collection of samples of West African products so standardized. The Bureau shall take from time to time samples of similar Liberian products, ascertain its quality compared with foreign standards. In collaboration with the Bureau of Agriculture, the Bureau of Trade and Commerce shall work out standards for Liberian products, particularly cocoa, coffee, palm kernel, palm oil and piassava. The Bureau shall, through its inspectors, inspect from time to time exportable products, disseminate information concerning standardization and
its requirements and in general prepare grounds for the introduction of standards and enforce such standards when introduced. The Bureau shall also enforce the provisions of law relating to standardization of Liberian products approved December 26, 1932.
Section 7. It shall be the duty of the Commissioner of Trade and Commerce to make enquiries in case of dispute arising between groups of producers and the merchants and present recommendations concerning the settlement of such disputes to the Secretary of the Treasury.
Section 8. It shall be the duty of the Bureau of Trade and Commerce to maintain a close contact with the Chamber of Commerce, the trading community, the Bureau of Agriculture and the producers.
Section 9. To properly execute all of its rights, the Commissioners shall have the right
(a) to communicate direct with all departments, bureaux and offices of government as well as with all Liberian representatives abroad, and to require such information as it may deem necessary from all such departments, bureaux, offices and representatives.
(b) to make periodical visits to the several trading centres with powers to make enquiries, ascertain selling and buying prices, control stocks and in general, perform such duties as are prescribed by law and regulations.
Section 10. The Bureau of Trade and Commerce shall present quarterly and yearly reports to the Secretary of the Treasury.
Section 11. The President of the Republic is authorized to issue regulations concerning the organization and management of the Bureau.
Any law to the contrary notwithstanding.
Approved December 16, 1936.
CHAPTER IX
AN ACT TO PROVIDE FOR THE APPOINTMENT OF REVENUE SOLICITORS.
It is enacted by the Senate and the House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. The President be and he is hereby authorized to appoint as an assistant in the Department of Justice a law officer who shall be styled Revenue Solicitor whose duty (it shall be to supervise, direct, undertake and have charge of all questions and matters arising out of prosecution for violation of the revenue laws, all tax delinquences and such other services and duties in relation to such matters arising under the revenue law as may be assigned and required of him by the Attorney General. The Salary of the Revenue Solicitor shall be six hundred and fifty dollars ($650.00).
Section, 2. There shall be in each of the Counties outside of Montserrado, an officer to be known as Deputy Revenue Solicitor, whose duty it shall be to handle and conduct the prosecution of all cases of default or failure to pay any tax or other item of internal revenue. He shall also perform any other duty required of him by the Department of Justice or the revenue solicitor provided for under the preceding section. The salary of the Deputy Revenue Solicitor shall be five hundred dollars ($500.00) each.
Any law to the contrary notwithstanding.
Approved December 16, 1936.
CHAPTER X
AN ACT AMENDING AN ACT PASSED BY LIMITATION JANUARY 1936, APPROPRIATING TWO HUNDRED DOLLARS – $200.00 FROM THE TOWNSHIP FUNDS OF THE SETTLEMENT OF ROYESVILLE IN MONTSERRADO COUNTY, FOR THE CONSTRUCTION OF A SUBSTANTIAL BRIDGE ACROSS THE FALL CREEK ON THE CENTRAL AND COMMERCIAL ROAD FROM ROYESVILLE THROUGH LITTLE CAPE MOUNT TO GRAND CAPE MOUNT.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the following purgraph be added to Section 1 of the above citei Act.
“That the Secretary of the Treasury be and he is hereby authorized to pay from the revenues accruing to the Township of Roysville, the above mentioned amount of two hundred dollars ($200.00) for each and every year until the construction of said bridge is completed.”
Any law to the contrary notwithstanding.
Approved December 16, 1936.
CHAPTER XI
AN ACT ESTABLISHING A FUND TO BE KNOWN AS “THE CIVIL SERVICE PROVIDENT FUND”
Whereas, in order to assist Civil Service employees to provide a reserve against their retirement from the Service, it is necessary that some provision to that end be made by law, Therefore,
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. This Act shall be known as “The Civil Service Provident Fund Act.”
Section 2. In this Act: “President” means the President of the Republic of Liberia. “Employees” means:
(a) All employees of the Classified Civil Service;
(b) Frontier Force commissioned officers;
(c) All employees of the Government (not classified) earning (200,00 per annum or more and designated by the President to participate in the fund;
(d) All employees who shall voluntarily elect to become depositors.
“Deposit” means a deposit in the provident fund and may be either a compulsory deposit or a voluntary deposit;
“Contributor” means an employee by whom or on whose behalf a deposit is made under this Act; “Bonus” means a sum of money added by Government to a deposit;
“Fund” means the Civil Service Provident Fund;
“Salary” means monthly salary but does not include overtime, subsistence, travelling expenses, mileage or other fluctuating or extra allowances.
Section 3. The President of the Republic of Liberia be and he is hereby authorized, immediately after the passage of this Act, to establish and set up a Fund to be styled “The Civil Service Provident Fund.”
Section 4. Contribution to this fund shall be of two kinds: compulsory and voluntary. Compulsory contribution shall be made by all employees who fall within Civil Service classification as contained in the Act of the Legislature approved December 12, 1934 and all subsequent amendments thereto. Voluntary contribution shall be made by employees falling without the provisions of the Act of December 12, 1934; also by Civil Service employees as provided in section 5 hereof.
Section 5. Every employee falling under the Civil Service law who, upon coming into effect of this Act shall have attained the age of forty years or over may, within one month thereafter, notify the Bureau of Civil Service in writing that he does not desire to become a contributor, in which case he shall be exempt from making compulsory contributions.
Section 6. Every employee who, under the provision of this Act is not compelled to become a contributor may, within one calendar month of the effective date hereof, notify the Bureau of Civil Service, in writing, of his desire to become a voluntary contributor within the intent and meaning of this Act, provided that no employee engaged under special contract or by virtue of an agreement with a third party, shall become a contributor.
Section 7. One- tenth of the salary of each contributor, compulsory or voluntary, shall be deducted monthly by the Secretary of the Treasury and paid into a separate account in the Depositary to be designated “The Civil Service Provident Fund”.
Section 8. Employees of the Civil Service status may, in addition to the compulsory contribution, make to the Fund, in the same manner, voluntary contribution at times and in amounts not less than $1,000, accounting therefor to be made separate from their compulsory contributions. No bonuses, however, shall accrue to such voluntary contributions.
Section 9. The accounting and auditing of the trust funds created by this Act shall be the same as apply to the general funds of the Government. The control, administration and investment of the Trust and its funds shall be by Trustees who shall be:
(I) The President, (II) The Secretary of the Treasury and (III) The Commissioner of Civil Service.
In their decisions regarding investments of the funds, the Trustees shall be guided more by safety than by profit.
Section 10. All expenses incident to the operation of the Provident Fund shall be borne as follows:
(a) For the handling of the funds in Liberia (collection, depositary, disbursements, accounting, audits, etc.) as well as costs of transfer, the expenses shall be borne by the Government.
(b) For the handling of the funds abroad, the Provident Fund shall be responsible.
Section 11. Compulsory contributions or bonuses thereon, shall not be attributable by any court of law; but voluntary contributions shall be subject to attachment by any court upon legal process.
Section 12. The compulsory or voluntary contributions of an employee may be accepted as a bond to guarantee the faithful and honest discharge of duty. Such deposits, when so used, may be attached by Government in the usual manner.
Section 13. Government shall have a first lien on all compulsory and voluntary contributions of an employee in the discharge of claims for malfeasance or misfeasance in office on part of said employee.
Section 14. It will be unlawful to forfeit compulsory contributions except as provided under sections 12, 13 and 15 hereof, such as:
c.) (a) debiting the accounts of employees with any fees of a political origin;
(b) deducing from contributions on deposit unpaid taxes or any other dues of a personal character;
(c) debiting their accounts with penalties of whatever kind and from whatever source.
Section 15 Withdrawal may be made from contributions in the Fund by employees according to the following schedule:
(1) For withdrawal of amounts exceeding $1000.00, three months notice must be given;
(2) For withdrawal of less than $1000.00 but more than $100.00, one month notice will be necessary;
(3) For amounts less than $100.00, two weeks notice must be given.
It is hereby expressly stipulated that no more than four withdrawals will be allowed an employee during any one calendar year.
Section 16. Withdrawals from compulsory contributions as provided under section 15 hereof may be effected upon approval by the Trustees of the Fund of application made by the contributor, his heirs or assigns, upon the following conditions:
(a) after reaching the retiring age of 55 years.
(b) subject to the provisions of section 17, in case of permanent retirement from Government Services prior to reaching the retirement age.
(c) in case of death of the employee.
Section 17. The compulsory contributions of an employee may be withdrawn temporarily in the following circumstances and subject to the limits shown hereunder:
(a) to pay the funeral expenses of his wife and children up to a maximum of 50.00$ in each case.
(b) to pay medical expenses of himself, his wife and children up to a maximum of 50.00$ in each case,
(c) to pay the higher education (professional) of his children up to a maximum of 250.00$ for each child;
(d) to furnish temporary financial assistance in any case of extreme necessity, not provided for in sub- sections “(a)” to “(c)” hereof, up to a maximum of 50.00$ provided that:
(a) no withdrawal can exceed the amount credited to the employee applying for the advance;
(b) no withdrawal shall be permitted when the contributions of the employee are serving as bond
(c) except for funeral expenses and medical care, no further advance can be given until the previous one is repaid;
(d) except for funeral expenses and medical care, no withdrawal can be permitted until an employee has completed ten years of service;
(e) all such withdrawals shall be repaid to the Fund by monthly instalments of not less than one- twelfth of the advance for sums exceeding 50.00$ and one- twentieth of the advance for sums exceeding 50.00$ .
(f) applications for temporary withdrawal shall be decided upon by the Trustees, which applications in every case, must bear the approval of the head of the department, bureau or office under which the employee is serving.
Section 18. Any employee dismissel from service for cause or who voluntarily resigns his position in the Service before completing twenty (20) years service, shall lose all right to a bonus, provided that this shall not apply to employees retiring in accordance with section 16 (a) of this Act.
Section 19. The President is hereby empowered to make regulations from time to time for the proper conduct of the Fund.
Any law to the contrary notwithstanding.
Approved December 16. 1936.
CHAPTER XII
AN ACT APPROVING THE BUDGET PRESENTED BY THE SECRETARY OF THE TREASURY, REPUBLIC OF LIBERIA AND PROVIDING FOR THE EXPENSES OF GOVERNMENT FOR THE FISCAL YEAR JANUARY 1, 1937 TO DECEMBER 31, 1937.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, the Budget presented by the Secretary of the Treasury. R.L., for the year 1937 be approved; and he is hereby authorized to meet the expenses of the Government from January 1, 1937 to December 31, 1937 in terms mentioned hereunder, under warrant of the President.
Any law to the contrary notwithstanding. Approved December 17, 1936.
CHAPTER XIII
AN ACT APPROVING THE ADMINISTRATIVE REGULATIONS PROPOSED BY THE PRESIDENT FOR GOVERNING THE HINTERLAD DISTRICTS OF THE REPUBLIC.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the Rules and Regulations proposed by the President for the government of the hinterland districts of the Republic as appear in the schedule hereto attached, be and the same is hereby approved.
Section 2. That the provisions of the Regulations shall apply, within the organized counties, to such areas as are wholly inhabited by uncivilized natives, in the same manner as if these areas are within the hinterland districts.
Section 3. That with a view to promoting more efficient administration the President be and he is hereby authorized, from time to time, as may be necessary for this purpose, to modify or enlarge the provisions of the regulations hereby approved, or introduce new regulations. These new regulations shall be submitted to the Legislature annually for their approval, and shall be effective as law so long as the Legislature do not indicate their disapproval thereof.
Any law to the contrary notwithstanding.
Approval December 17, 1936.
AMENDMENTS TO ADMINISTRATIVE REGULATIONS FOR GOVERNING THE HINTERLAND.
Article 1. Before the word “territory” insert the word “hinterland.”
Article 2. Delete everything after the word “follows” and read:
“THE WESTERN PROVINCE SHALL EXTEND FROM THE ANGLO- LIBERIAN BOUNDARY ON THE NORTHWEST TO THE ST. PAUL RIVER, WHICH SHALL FORM THE SOUTHEASTERN BOUNDARY, AND FROM THE LIMIT OF THE COUNTY AREA OR JURISDICTION OF 40 MILES TO THE FRANCO- LIBERIAN BOUNDARY ON THE NORTH.”
THE CENTRAL PROVINCE SHALL EXTEND FROM THE ST. PAUL RIVER TO THE CESTOS OR NUON RIVER. AND FROM THE LIMIT OF THE COUNTY AREA OR JURISDICTION OF 40 MILES TO THE FRANCO- LIBERIAN BOUNDARY ON THE NORTH.
THE EASTERN PROVINCE SHALL EXTEND FROM THE CESTOS OR NUON RIVER TO THE CAVALLA RIVER. AND FROM THE LIMIT OF THE COUNTY AREA OR JURISDICTION OF 40 MILES TO THE FRANCO- LIBERIAN BOUNDARY.
Article 3. Delete everything up to the words “for the purpose of these regulations, etc.
Article 4. Under the heading “Western Province” sub- section (b) after the words “occupied by the” eliminate “GISSI. MENDE and GBANDI TRIBES and insert “LORMAH and KPELLE TRIBES.” Under sub- section (e) after the words “occupied by the” eliminate “BUZI and KPELLE TRIBES” and insert the words “GISSI. MENDE and GBANDI TRIBES.”
Article 6. Delete from “COUNTY SUPERINTENDENTS” to the end of sail article.
Article 10. Under Western Province, District number Two eliminate the word “KOLAHUN” and insert the word “VONJAMA” and in district number three instead of the word “VONJAMA” insert the word “KOLA HUN”.
Article 33. Instead of 12 carriers insert 16 carriers and instead of 10 carriers insert 12 carriers.
Article 21. Section 6. On line one after the word “than” delete the word “15” and insert 24 (twenty- four).
Article 34. Line one. After the word “Traveller” insert the words “or trader”. subsection 3 on line 3 (three) after the word “traveller”.
Article 21. Section 6. On line one after the word “than” delete the 15 and insert 24 (twenty- four).
Article 34. Line one. After the word “Traveller” insert the words “or trader”. subsection one, on line 3 (three) after the word “traveller” insert the words “or trader.
Article 64. Sub- section one, on line five after the word “Sow” insert the words “harvest said crop” and delete all the remaining clauses of said section.
Article 83. On line 6, change 3 (three) to 4 (four).
Approved 1 december 17. 1936.
CHAPTER XIV
JOINT RESOLUTION RATIFYING THE AGREEMENT CONCLUDED BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LIBERIA AND THE FIRESTONE PLANTATIONS COMPANY.
Preamble. A Joint Resolution ratifying the Agreement concluded between the Government of the Republic of Liberia and the Firestone Plantations Company, a Corporation organized and existing under and by virtue of the laws of the States of Delaware, with its principal office in the City of Akron, State of Ohio, United States of America.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled.
Section 1. That the Agreement set forth in the preamble
hereof is hereby ratified and approved and the President is hereby authorized and empowered to consummate and place in full force and effect the provisions thereof, as set forth in the said Agreement as written at the end of this Joint Resolution and made a part thereof.
Section 2. Any law or parts of laws conflicting with the provisions of this Joint Resolution are hereby repealed.
Any law to the contrary notwithstanding.
Approved December 11, 1936.
CHAPTER XV
JOINT RESOLUTION RATIFYING AN AGREEMENT CONCLUDED BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LIBERIA AND THE FIRESTONE PLANTATIONS COMPANY.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the Agreement Supplementary to and amendment of the Agreement, dated September 16, 1926 and September 17, 1926, respectively and ratified by Joint Resolution of the Nati mal Legislature, concluded by and between the Government of the Republic of Liberia and the Firestone Plantations Company, a corporation organized and existing under and by virtue of the laws of the State of Delaware, United States of America, is hereby ratified and approved and the President of Liberia is hereby empowered to give full force and effect to the provisions hereof as set forth in the copy of said Agreement appended to this Joint Resolution and made a part thereof.
Any law to the contrary notwithstanding.
Approved November 27, 1936.
AN ACT AUTHORIZING THE PAYMENT OF FOUR HUNDRED DOLLARS TO JAMES S. SMITH, BEING AN AMOUNT WHICH REPRESENTS AN UNPAID DIFFERENCE OF THE VICE PRESIDENT’S SALARY FIXED BY ACT OF 1913.
Whereas an Act of the Legislature passed and approved 1913, entitled A “Joint Resolution Fixing the Salary of the Vice President of Liberia” gives this official 2,500,00 as an annual salary; and
Whereas, provision of the Revised Statutes 1259 makes it unlawful for the salary of the President and that of the Vice President of Liberia to be increased or diminished during the period for which they are elected; and.
Whereas, for the three years 1932- 35 inclusive, James S. Smith, Vice President of Liberia, has been paid at the rate of 2,400,00 as an annual salary showing an unlawful deduction of 100,00 annually for four consecutive years: Therefore,
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That after the passage of this Act, the Secretary of the Treasury under Warrant of the President, is instructed to pay to James S. Smith, Vice President of Liberia, Four Hundred Dollars out of monies in the public Treasury of Liberia not otherwise appropriated.
Section 2. That this Act shall take effect immediately and be published in hand- bills.
Any law to the contrary notwithstanding. Approved December 4, 1936.
CHAPTER XVII
JOINT RESOLUTION RATIFYING AN AGREEMENT CONCLUDED BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LIBERIA, THE FINANCE CORPORATION OF AMERICA AND THE NATIONAL CITY BANK OF NEW YORK.
Whereas, the Agreement entered into between the Government of the Republic of Liberia, Finance Corporation of America, a corporation organized and existing under and by virtue of the laws of the State of Delaware, United States of America, and the National City Bank of New York, a national banking association organized and existing under the laws of the United States of America, as of the first day of September of 1926, and amended by two Supplementary Agreements ratified by Joint Resolutions of the National Legislature approved June 7, 1935 and February 24, 1936 respectively, has been further amended by a Supplementary Agreement concluded by the same contracting parties on January 1, 1936, a copy of which draft Agreement is hereto annexed and appears to be satisfactory to the Legislature THEREFORE.
It is enacted by Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That the Agreement Supplementary to and amendatory of the Loan Agreement of 1926, mentioned in the preamble hereof, is hereby ratified and approved, and the President of Liberia is hereby authorized and empowered to give full force and effect to the provisions hereof, as set forth in the copy of said Agreement appended to this Joint Resolution and made a part thereof.
Any law to the contrary notwithstanding Approved November 27, 1936.
PRIVATE ACTS
OF THE
THIRTY- EIGHTH LEGISLATURE
OF THE
REPUBLIC OF LIBERIA
CHAPTER XVIII
AN ACT GRANTING JOSEPH T. DAYRELL, SR. A CITIZEN OF THE REPUBLIC OF LIBERIA, A RESIDENT OF THE MUNICIPAL DISTRICT OF BUCHANAN OF GRAND BASSA COUNTY, PEN SION FOR HIS NATURAL LIFETIME.
Whereas Joseph T. Dayrell, Sr., has by zealous, devoted, and faithful services in the Educational Field of the Country served as a teacher in Cuttington Collegiate and Divinity School. Cape Palmas for two years, twenty years in the Methodist Episcopal Seminary, twelve of which as its Principal; twelve years in Hartzell Academy, nine of which as Principal; making an unbroken period of thirty- four years service; and
Whereas in pursuit of this laudable undertaking the moulding of future timber for Church and State, a contribution that is worthy of Government recognition, he has become a victim of complete physical breakdown, evidence by qualified medical testimonials; and,
Whereas apart from the physical disability mentioned in preamble two hereof, he is stricken in age perfectly dependent and needs the assistance of Government, he having been forced because of his health condition to retire from this field of activity: THEREFORE.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of of this Act, Joseph T. Dayrell Sr., a citizen of Liberia, pre
sently residing in the County of Grand Bassa, Republic of Liberia, shall be and he is hereby granted a pension in the sum of Three Hundred Dollars per annum during his natural life.
Section 2. That the Secretary of the Treasury, R. L., is hereby authorized and directed to draw for and pay same under warrant of the President from any monies in the public Treasury not otherwise appropriated in monthly instalments of Twenty- five dollars, (825.00).
Section 3. This Act shall take effect as of the first day of January A. D. 1937, and be published in hand- bills.
Any law to the contrary notwithstanding.
Passed by limitation.
CHAPTER XIX
AN A T GRANTING D. L. CEPHAS, A CITIZEN OF LIBERIA RESIDENT OF THE COMMWEALTH DISTRICT OF MONROVIA. IN MONTSERRADO COUNTY. LIBERIA. PENSION FOR HIS LIFETIME.
Whereas D. L. Cephas, one of the Veteran Soldiers of the Republic, has for more than 66 years devoted himself to the Military Services of the Republic, distinguishing himself notably in the Expedition of 1870 at Cape Mount; Expeditions of 1875, 1883, and 1910 Cape Palmas, where he received serious wounds in his body; and
Whereas he having reached his 80th year, finds it impossible because of his old age and great decline in health, to be further service to the State as well as to himself reminding him dependent for which he has served so faithfully for assistance: Therefore,
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Act, D. L. Cephas, citizen of the Republic of Liberia and resident of the Commonwealth District of Monrovia he and he is hereby granted a pension in the sum of one hundred dollars (S100.00) per annum during his nature life.
Section 2. That said sum of money shall be paid in regular monthly instalments of eight dollars and thirty- three and a third cents.
Section 3. That the Secretary of the Treasury R. L., be and he is hereby authorized to draw for same, under warrant of the President, from any money of the public Treasury not otherwise appropriated.
Any law to the contrary notwithstanding. Passed by limitation.
CHAPTER XX
JOINT RESOLUTION GRANTING MARION B. MAJORS, OF THE COUNTY OF SINOE, ANNUITY.
Whereas, the Honourable C. D. Majors, late, a member of the Honourable House of Representatives, R. L. was drowned in the wreckage of the M. L. “Amelia,” while returning from the Extraordinary Session of the National Legislature in June last, which has occasioned an irreparable loss to his widow and five minor children; and,
Whereas it has always been the policy of the Government to show in a tangible way; appreciation for faithful, efficient and patriotic services rendered by her citizens with a view to stimulating others to the like service; and,
Whereas the Honourable C. D. Majors, during his life time did measure up to all such requirements in the various positions held by him in the Government up to his tragic death a member of the House of Representatives, R. L.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and immediately after the passage of this Joint Resolution, Marion B. Majors, the widow of the late C. D. Majors, he and she is hereby pensioned in the sum of $150.00 (one hundred and fifty dollars), for her natural life time;
Section 2. That the Secretary of the Treasury, under warrant of the President, be and he is hereby authorized to draw for same out of any monies in the public Treasury not otherwise appropriated, in monthly instalments of ( (12.50 twelve dollars and fifty cents).
Section 3. This law shall take effect as from January 1st, 1937, and be published in hand- bills.
Any law to the contrary notwithstanding.
Passed by limitation.
CHAPTER XXI
JOINT RESOLUTION INCORPORATING THE “YOUNGMEN LITERARY CLUB OF LIBERIA”.
It is enacted by Senate and House of Representatives of the Republic of Liberia in Legislature assembled:
Section 1. That from and after the passage of this Joint Resolution W. R. Tolbert, Jr., President, D. Colston Nelson, Secretary, I. A. David, Jr., Treasurer, Wilmot A. David, i. Francis Okai, Jr. S. David Carter, Jr., Eshi L. Holder, Arthur B. Walker, J. D. Maximore, Harrison Grigsby, I. C. E. Gbeyon, S. N. Burnett, N. M. Gibson, George B. A. Stevenson, U. A. Freeman, Jacob Browne, Joshua L. Harmon, John R. DeShield, C. H. Taylor, Jr., A. Roosevelt Tubman, Simeon B. Hoff and all other members as well as those who may hereafter become connected therewith be and the same are hereby declared a body politic and corporate under the name and style of the “Youngmen Literary Club of Liberia, and by this name may have perpetual succession; sue and be sued, plead and be implead in any of the courts within this Republic having competent jurisdiction; may own, hold and possess real and personal property to the value of five thousand dollars ( (5,000.00) and enjoy such other rights and privileges as similar bodies corporate and politic.
Any law to the contrary notwithstanding.
Approved December 11, 1936.
CHAPTER XXII AN ACT TO FIX THE DAY OF ADJOURNEMENT OF THE SECOND SESSION OF THE THIRTY- EIGHTH LEGISLATURE OF THE REPUBLIC OF LIBERIA. It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled: Section 1. That the Second Session of the Thirty- eighth Legislature of the Republic of Liberia, adjourned sine die on 17th day of December A. D. 1936. Any law to the contrary notwithstanding.