GHANA LAW FINDER

                         

Self help guide to the Law

  Easy to use   Case and Subject matter index  and more tonykaddy@yahoo.co.uk
                

INTERPRETER'S HANDBOOK

 

MAIN PAGE                                                             

                    CHAPTER 1

                                                                                              LAW

I.A rule made or enforced by the Government is called a law. When we speak of all these rules together we call them the Law, or the Laws, or simply Law.

2.Anything which the Law allows is called lawful or legal.

Anything which the law forbids is called unlawful, or illegal, or an illegality (illegalities). When a law is passed to make something legal, the law is said to legalize that thing.

3.The council of people who make the Laws is called the Legislative Council, or the Legislature. They are said to legislate, and their work, that is, all the laws which they
make, is called legislation.

 

4.There are different kinds of Law. The old Law of England, which was the custom of the people of England long before they made written laws, is called the Common Law.

 

5.The laws which are made by the Government, and written down or printed, are called Statute Law. In England, the council which makes the Laws is called Parliament, and its laws are called Acts, or Acts of Parliament. In a Colony like the Gold Coast, the laws made by the Government are called Ordinances, or Proclamation •• , or Orders, or Rules, or Regulations.

 

6.The Law which punishes people by fines or imprisonment is called Criminal Law.

 

7.The Law which deals with disputes or palavers about land, money or goods, and the like, is called Civil Law.

 

8.Sometimes we speak of the Moral Law. This means the law of God, or the custom of good people in all countries, who believe that it is wrong to do such things as to kill or
to steal.

 

 

9.In cases where the Common Law was hard, the Courts sometimes followed rules of their own. These rules were spoken of as Equity. Equity means fairness or justice.
The word equitable means fair or just, that is according to equity.

10.The words equity and equitable have sometimes special meanings. For Equity of Redemption, see paragraph 974. For Equitable Mortgage, see paragraph 973.

                                                  CUSTOM

 

11. Besides Law and Equity, Courts have also to consider Custom, that is, the habits or fashion of the country. A thing which is according to custom is called customary.
Another name for custom is use or usage.

                                              CHAPTER II

   RIGHTS AND DUTIES


12. Law deals with rights and duties

Anything to which one has a just claim is called a right.

Anything which one is bound to do is called a duty or an obligation.

Any loss or injury caused by one person to another is called a wrong.

13.There are different kinds of rights.

A right may be absolute, that is, one which no one can touch; or, it may be qualified, that is, limited, or in- complete.

14.A right may be indefeasible, that is, one which no one can defeat or spoil; or, it may be defeasible, that is, one which people can defeat or spoil.

 

15.A right may be inalienable or non-transferable, that is, one which a person cannot pass to another; or, it may be alienable or transferable, that is, one which a person can pass to another.

 

16.There are other words which are like right, but a little different.

       Privilege means a special right-a right which other person has not got. A person     who has this is said to be privileged.

17.Relief means help or assistance. Suppose that there are three men, Kweku, Kwesi and Kojo, and that Kweku is compelled to pay money to Kwesi. If Kweku has a right
to make Kojo pay him back this money, Kweku is said to have a right of relief against Kojo.

 

18.Remedy means the help which the Law gives to a man to get back his rights, or to avenge his wrongs. For example, his remedy may be to take out a summons.

19.Redress means help to set a wrong right. To redress a wrong means to set it right.

 

20.Capacity means power; and in Law it means the power of a sound, grown-up person to make contracts, and do other things which children and crazy people cannot do. A person who has capacity is capable; without capacity, incapable. The opposite of capacity is incapacity or disability, which means want of power to do a thing. Persons under twenty-one years of age are under disabilities, they cannot make contracts like other people (except for necessaries).

 

21.Authority means power given to one person to act for another. For other meanings of authority, see paragraph 62.

 

22.Title, a right to claim something. A title to sue means a right to take out a summons. If the man who claims is not the proper person, he is said to have no title.

 

22.Discretion, a right to make a choice; a right to choose whether to do a thing, or not to do it.

 

22.There are also words which are like duty or obligation but a little different. This is one of them:

 

22.Liability, being bound to pay some money, or do some- thing. A person who is bound to do this is said to be liable. A person who is not bound is said to be not liable. Debts are often called liabilities, while property is called assets. (See paragraph 467.) When we talk of how much a man has, and how much he owes, we speak of his assets and liabilities.

26.Now, let us take certain words which describe what can happen to a right.

27.Exercise, to use (a right). The use is called an exercise of the right.

28.Cede, to give a right up to someone else. When someone does this it is called a cession. King Docemo ceded Lagos to the British Government. This is called the cession of Lagos.

29.Derogate, to lessen (a right), or to take part back. A person who gives something, and then takes part of it back, is said to derogate from his grant.

 

29.Extinguish, to put out (like a fire); to destroy; to make it finish. When this is done, it is calIed an extinguishment.

 

29.Forfeit, to lose (a right) by some mistake or fault. This loss is called a forfeiture.

 

30.Infringe, to use another's right without permission.

To infringe a law means to disobey it. This use or disobedience is called an infringement.

 

33.Vest. To vest a person in a right means to put him in possession of the right. He is then said to be vested with the right. The right is said to vest in, or, to be vested
in
him.

To divest, or devest, a person of a right means to take it from him. He is then said to be divested or de vested of the right.

34.Waive, to forgo or refuse. The refusal of a right is called a waiver.

 

                                       CHAPTER 111

                                           COURTS

35.One of an Interpreter's chief duties is to interpret in Court.

 

36          A Court is a place where disputes between people are heard and tried.

       These disputes are called cases.

37   There are different kinds of Courts:

38   Assizes, where cases of serious crime are tried.

39   Coroner's Court, where the Coroner holds an enquiry about a dead body.

 40  Court above and Court below When one Court is above another we chief one  Court above and   the small we call the small one Court below

  41 Court martial, where soldiers are tried by their officers. Court of first instance, any Court where cases are first stated, and from which they may be appealed.

 42 Court of first instance, any Court where cases are first stated, and from which they  may be appealed.

  43  District Magistrate's Court, the Court of a District Magistrate.

 44 Divisional Chief's Tribunal, the native Court formed by a Divisional Chief, such as an Ohene, and his councillors.

45 Divisional Court, a Puisne Judge's or Chief Justice's Court. It is a division of the Supreme Court, or chief Court of the Gold Coast.

46  Magistrate's Court, the Court of a Provincial Commissioner or District Commissioner when performing any of the functions of a District Magistrate.

47 Paramount Chief's Tribunal, the native Court formed by a Paramount or Head Chief, such as an Omanhene, and his councillors.

 48 Privy Council, the final Court of Appeal for the Colonies

 

49.West African Court of Appeal, the highest Court of Appeal in the Gold Coast.

49.Sometimes the words the Court mean the judge of the Court. For instance, we say, "the Court sits", or "the Court makes an order".

 

CASES

 

51. There are two kinds of cases 

Criminal cases are those cases where a man is fined or sent to prison, because he has done some bad thing.

 

52.Civil cases are those cases where one man wants to make another man pay money, or do something.

 

53.It is very important to remember these two kinds of cases. Afterwards, we shall see what are the differences between them.

 

CHAPTER IV

GENERAL COURT WORDS

 

54   Before we learn the different things about Criminal Cases and Civil Cases, we must first learn some words which help us to understand more about Courts.

55 These words are common words, and are used in both Criminal and Civil Cases.

  56  This is a list of some of them:-

 

     Action, Cause,                 Other names for a case.              

     Proceedings,

Note.-The notes of a case in the judgment book of the Court are also called the proceedings.

  57  Adjourn, to put off the hearing of a case to another day.
  58  Adverse, against; contrary to.

59  Allege,           to say that a thing is so. What you say is called an allegation or                                  Aver,               averment.

     60  Alias, means or, or otherwise. When a man is sometimes called by another name, his second name is called his alias. For instance, if a Krooboy, called Fine Country, has a Kroo name Ma, the name Ma is called his alias. In Court we sometimes call him "Fine Country alias Ma", or "Ma alias Fine Country".

61  Attorney-General, the chief law officer of the Government. He brings or defends cases in the name of the Government.

   62  Authority, (1) Power. (See paragraph 21.) (2) A Government officer or Town Council, with special powers; for instance, the Accra Town Council (Municipal Authority); Medical Officer of Health (Sanitary Authority). (3) Books which show what the law is are called authorities.

  63  Bar, the line in front of a judge, beyond which the public are not allowed to pass. The Bar also means the lawyers or barristers.

64.    Bench, the judge's seat. Sometimes the judge himself is called the Bench.

65.   Competent, proper or fit. What is not proper or not fit is called incompetent.

66.Conduct-money, money paid to a witness for his travelling expenses.

 

67.Costs, the expenses of a case. To assess or tax costs is to fix how much the costs are.

 

68.Crown, the King or the Government; sometimes instead of Crown we write Rex.

 

69.Crown Counsel, a law officer of the Government.

 

70.Defendant, a person who has to defend himself in a case. What the defendant and his witnesses and lawyer say is called the defence. Sometimes we speak of the defendant himself and his witnesses and lawyer as the defence. When there are several defendants, each is called the co-defendant of the others.

71.Dismiss, to dismiss a case means to refuse what the plaintiff or complainant ask; to throw out the case. This is called dismissal.

 

72.Direction, an instruction by a Court.

 

73.Evidence, what people and their witnesses say in Court about a case. Papers and other things which they show the judge are called evidence. When a person calls witnesses to give evidence he is said to lead evidence, or adduce evidence. What the witnesses say or show is said to be given in evidence. If they say useless things that have nothing to do with the case, the judge will say that their talk is not evidence.

        A man who confesses his crime, and gives evidence in a criminal case against his friends is called Kings' Evidence.

74. There are different kinds of evidence:

Circumstantial evidence. When no one has seen the thing done, but some witnesses are able to tell things that show very well that it was done, the evidence of these witnesses is called circumstantial evidence. For instance, suppose that Kwesi kills Kojo, and no one sees him do it. If Kofi and Kweku know things that show very well that Kwesi did it, their evidence is circumstantial evidence.

75. Direct Evidence is the opposite of circumstantial. If Kofi and Kweku have seen Kwesi kill Kojo, that is direct evidence.

 

76.Documentary evidence, bringing written papers or documents to prove a case.

 

77.Hearsay evidence is when a man tells what he heard another person say.

 

78.Indirect evidence means the same as circumstantial evidence.

 

79.Parol evidence, evidence by word of mouth, and not by written papers.

 

80.Primary evidence, first-hand evidence, as, when a witness who wants to tell what is in a paper, brings the paper, and shows it to the judge. The paper is primary evidence of what is written on it.

 

81.Secondary evidence, second-hand evidence. For instance, if a paper is lost, but the judge allows a witness to tell what was in the paper.

 

82.Examination of witnesses, questions put to witnesses after they have been sworn.

 

83.Examination-in-Chief, questions put by the person who called the witness. Such person cannot put leading questions; that is, he is not allowed to ask questions which help the witness to guess the answer required.

 

84  Cross-examination, questions put by the other side. Leading questions are allowed; but the person who puts the questions is not allowed to make statements.

      Re-examination, more questions by the person who called the witness, put after the cross-examination is finished. Here again leading questions are not allowed.

85  Exhibit (1) a paper or article mentioned by a witness, and shown to the Court; (2) a paper' mentioned in an affidavit and attached to it.

86  Fact, anything that happens or is done; an act; an event; a circumstance. When the Court tells a witness to keep to facts or fact, this means that the Court wants the witness to tell what happened, and not to give his opinion, or to discuss law.

Note.--Fact is an important word to understand.

87 File, see paragraph 440.

88 His Honour, a title of respect, given to the Chief Justice, or to a ChiefCommissioner or to a Puisne Judge. When speaking to him, we say Your Honour.

89 His Worship, a title of respect, given to a magistrate or commissioner. When speaking to him, we say Your Worship.

90 In camera. When a case is a shameful one, sometimes the trial is held in secret, and people are not allowed into the Court. Such a case is said to be tried in camera.

91 Instance. At the instance of means by. At his instance means by him. At their instance means by them.

92 Judge, any officer who tries cases in Court, such as Chief Justice, Puisne Judge, District Magistrate, or Commissioner.

 93 Judgment,     

   Decree,               the order made by a Court at the finish

   Finding

94  Judgment in default, judgment given in favour of one person in a case, because the other person has failed to come to Court.

 

 

 95  Judgment on the merits, judgment after hearing witnesses, in favour of the man who has the better case.

96. Judicial, that which belongs to a Court or Judge.

Extrajudicial, that which does not belong to a Court, or judge. When people settle a case out of Court is called an extrajudicial settlement, and they are said to settle the
case extrajudicially.

97.Jurisdiction, the right a Court has to try a case. It also means the country or district under the Court.

 

98.Justification, is showing a geod reason in Court, why the defendant did what he is cal!ed upon to answer for.

 

99.Motion, a request made in Court to a judge, asking him to make some order. The person who requests is said to Make the motion, or to move the Court.

 

100.Ex parte motion or application, a motion made when no one is present to oppose or object.

 

101.Motive, the thing which makes a man wish to do some- thing. For instance, if Eman murders Kwarnin for his money, Eman's motive is to get the money.

 

102.Oath, the words a person speaks when he swears in Court by God or Allah, or by some fetish or juju, that he will speak the truth.

 

103.(a) Civil Cases. In a Civil Case a Christian holds a copy of the New Testament aloft in his right hand, and repeats, after the Registrar:-

I swear by Almighty God that the evidence I shall give to the Court, touching the matters in question, shall be the truth, the whole truth, and nothing but the truth.

It is not necessary to add "So help me God": the witness should not be called upon to kiss the book unless he wishes to do so.

(b) Criminal Cases. In a Criminal Case a Christian takes the oath in the same way as in a Civil Case, but the words spoken are these:-

I swear by Almighty God that the evidence I shall give to the Court shall be the truth, the whole truth, and nothing but the truth.

(c) Roman Catholic. A Roman Catholic holds aloft a copy of the Douai Testament or Bible.

The words of the oath are the same as (a) and (b).


(d)
Jews. Jews are sworn on the Old Testament, but otherwise in the same manner as is prescribed in (a) and (b).

(e) Scotch oath. A witness may ask to be sworn in the Scotch (or Scottish) fashion, in which case he holds up his right hand, no book of any kind being used, and says
. as follows:-

I swear by Almighty God, as I shall answer to God at the Great Day of Judgment, that I will speak the truth, the whole truth, and nothing but the truth.

(j) Mohammedans. Mohammedan witnesses are usually sworn standing on a sheepskin, and holding a copy of the Koran, the words used being similar to those
prescribed in (a) and (b), except that the word "Allah" is substituted for "Almighty" God. Strict Mohammedans, however, are very averse to taking any oath prior to giving their evidence, though willing to swear that any particular statement they have made in the course of their evidence is true, should that statement be challenged.
Mohammedan witnesses should be allowed to affirm (see paragraph 106) if they raise an objection to taking the usual oath.

(g) Pagans. Pagan witnesses are usually sworn in some such manner as this: I swear by     .my fetish, that I will speak the truth, the whole truth, and nothing but the truth; if I tell lies let. kill me.

104.   Interpreters. An Interpreter is usually sworn in some such manner as follows, the method being the same as is prescribed in (a) and (b):-

I swear by Almighty God that I will well and truly interpret and explain to the Court (the jury) and the witnesses all such matters and things as shall be required
of me to the best of my skill and understanding.

He may, of course, affirm or take the oath in any other way he may declare to be binding on his conscience.

(i) Jurymen at Assizes. See paragraph 236.
(j) Assessors. See paragraph 237.

(k) Coroner's jury. See paragraph 497.

105.  Affidavits. The deponent, being a Christian, holds a copy of the New Testament aloft in his right hand and says: I swear by Almighty God that this is my name and
handwriting
(referring to his signature at the foot of the affidavit), and that the contents of this my affidavit are true. A deponent may affirm instead of taking an oath (see paragraph lO6), or take the above oath in any other form he may declare to be binding on his conscience.

lO6. Affirmation, a solemn declaration instead of an oath.

The declarant commences as follows:-

I solemnly, sincerely and truthfully affirm that ... and continues in the same form as is prescribed in paragraphs lO3 and lO4 to meet the particular case.

lO7. Affirm, to make such a solemn declaration.

108.  Affirmant, one who makes such a solemn declaration.

 

109.Declaration, another word for affirmation.


110; Declare, to make a declaration.

111. Declarant, one who makes a declaration.

112.  Voluntary oaths, oaths which are not sworn in a case. For instance, when a person comes before a magistrate and swears that some paper is true.

113.  Party, a person who brings a case or who defends a case.

The two sides in a case are called the parties.

 When a party answers to his name in Court he is said to appear. If he sends word to the Court in writing that he intends to appear in a civil case he is said to enter appearance. If he does not appear, we say that there is no appearance for him. If we like, we can say instead that he is absent. In such cases if the Court gives judgment, it is said to be given in absence or in default. (See paragraph 94.)

114.  Pending, not yet decided.

 

115.  Plea, the answer of a defendant to the claim or charge. When the defendant states his plea, he is said to plead, sometimes the defendant answers that part of the claim or charge is true. He is then said to admit, or to make an admission.

116. Presumption, what a Court presumes or supposes to be true. For instance, a man is supposed to be innocent till he is shown to be guilty.

117.  Procedure, the different steps in a case.

 

118  Process, the means by which a Court makes people obey its orders. For instance, a summons, or warrant. These are called forms of process, and, when they are taken out, process is said to issue.

 

119   Produce, to bring some paper, or other thing, to Court, and show it to the judge. The paper or thing is called an exhibit. (See paragraph 85.)

 

120    Proof, evidence which convinces a Court. To prove a thing means to show that it is true.

Burden of proof, when a man makes a statement, he must try to prove it. We say that the weight or burden of proof lies upon him.

121.  Puisne Judge, a judge next in rank to a Chief Justice.

122.  Quorum, such a number of members as is required to be present in order to make a proper meeting. For example, the number of members necessary to constitute a meeting of a Town Council,

 

123.Rebut, to contradict, or disprove. Irrebutable, what cannot be contradicted or disproved.

124.Registrar, an officer whose business is to keep a public register. A Registrar of Court keeps a register of the cases, and acts as clerk of the Court.

 

125.Regular, according to rule; in the proper form. Irregular, not according to rule; not in proper form.

126.Relevant, to the point. When a witness talks properly about the case before the Court, his evidence is said to be relevant. When he talks about other things, and wastes time, his evidence is said to be irrelevant. The question of what is relevant, or the state of being relevant, is called relevancy.

 

127.Restrict, to limit; to confine.

 

128.Service, or citation, the handing of a summons paper to a defendant or witness. The person is then said to be served or cited (cite also means to quote; for instance, to men-
tion or quote to some one the words of a book).

 

129.Substituted service, when a defendant keeps out of the way, and cannot be found, the Court may allow the summons to be served on some member of his family. or on some other person who can tell him. or may order notice of the summons to be posted up in a public place.
This kind of service is called substituted service.

 

130.Session, a sitting of a Court.

13 I . Sheriff is an officer appointed by the Governor to receive and execute writs and other process of the Court. He is represented in all districts, except the Accra District, by
Deputy Sheriffs, also appointed by the Governor, who are generally the Commissioners in charge of the particular districts.    .

132.Solicitor-General, the second law officer of the Government.

 

 

133.Subpoena, a summons to a witness.

 

134.Summary, short; speedy.

 

135.Summarily, in a short or speedy manner.

 

133.Summary jurisdiction, the power which a District Magistrate or Commissioner has, in many criminal cases, to decide the case at once, without committing the accused for trial at the Assizes.

137.Summary Procedure, the steps in a case which is dealt with summarily.

138.Summons, a paper from a Court, ordering a person to appear before the Court.

139.Transfer, to change a case from one Court to another.

 

139.Trial, the judging of a case. The Court is said to try the case (see paragraph 377).

 

140.postponment of trial. Fixing another day for the trial of a case; adjournment.

 

142.Versus, or V. against. It is used in names of cases, as Kobina v. Mensah, which means Kobina's case against Mensah's.

143.Valid, strong; good in the eyes of the Law.

 

144.Invalid, not strong; not good in the eyes of the Law.

 

143.Void, of no effect; and so we speak of a contract which can be made of no effect at the option of one of the parties to it, as being voidable.

146.Witness, one who gives evidence in a case.

 

146.Expert witness, or skilled witness, a witness who is called to give his opinion, because he is expert, or skilled, in some branch of learning.

148.Eye-witness, one who saw a deed done with his own eyes.

 

149.Hostile witness, one who shows himself unfriendly to the person who has called him. The person who called him may then try to discredit the witness, that is, to throw doubt on his evidence. He may also with the permission of the judge, cross-examine such a witness.

                                      

                                       CHAPTER V

                                   CRIMINAL CASES

150.In the last chapter we learned some of the words which are used in all kinds of cases. We shall now learn something about criminal cases, and the words which an Interpreter must know about them.

 

151.CRIMINAL CASE.-A criminal case is called a prosecution. The people who bring the case against the accused are also called the Prosecution.

 

152.CRIME.-We have seen that a criminal case is one in which a man may be fined or imprisoned for doing some bad thing. This bad thing is called a crime, and anything
that concerns it is called criminal. The person who does it is called a criminal. He is said to commit or perpetrate the crime. A person who perpetrates a crime is called the perpetrator of the crime.

 

153.A bad deed is also called an offence, and the person who does it is called an offender. If he has run away he is a fugitive offender.

154. If the crime is very serious, it is felony. If it is less serious, it is a misdemeanour.

155. When a person commits a crime, he first has a wicked thought in his mind. This thought is called a criminal intent, or intention, and the person is said to have a
mens rea, which.is Latin for a guilty mind.

156.When one man hates another, we say that the man who hates has hatred or malice against the other. But the word malice or malice aforethought has a special meaning
in Law. It means guilty knowledge. To have a guilty knowledge is to do a bad thing, and know very well that it is wrong. The bad thing is then said to be malicious, and to be done maliciously. .           .

 

157.There is another word which we use about crimes. We say that a crime is wilful, or voluntary, when the man knew what he was doing, and meant to do it; in this case the crime is done wilfully. If it is not wilful, it is said to be involuntary. This word means that the man did not wish to do the bad thing; he did it involuntarily.

 

158     An offence against a law is said to be a contravention of that law, or, to be done in contravention of the law, or, to contravene the law.

 

159  When we think that a man has committed a crime we are said to suspect him, or, to be suspicious of him. The thought in our mind is called suspicion.

 

160 PARTlES.-In a criminal case, the person who brings the case is called the complainant, or the prosecutor. He is said to prosecute the person whom he accuses. When, as is usually the case, the prosecution is taken up by the Government on behalf of the complainant, the Inspector- General of Police is said to prosecute in cases tried
summarily before a magistrate or commissioner, and the Crown (Rex) in cases tried at Assizes.

 

161  When a man prosecutes others for breaking the law, and the Government gives him part of the fine as a reward, he is called a common informer, because he
informed the Government of the crime.

162  We have seen the meaning of defendant (paragraph 70). The defendant in a criminal case is also called the accused. If there are several defendants, and each has
helped the other to commit the crime, each is called the accomplice of the other.

 

163.SUMMONS.-WARRANT.-When one person accuses another of a crime, he goes to Court and asks for a summons or a warrant. We have seen what a summons is (paragraph 138).

 

164.A warrant is an order to the police to arrest a man. Before it is issued, the complainant must first swear a charge or information, that is, he must sign his complaint, after it has been written down, and must swear that it is true.

 

165.When a judge orders a warrant to be issued to bring a person at once before the Court, this is called a Bench warrant.

166.ARREST.-When a policeman seizes a man, he is said to arrest him, or, to make an arrest, and the man is said to be under arrest, or in custody. The man is then taken to the police station. The complainant is sent for to identify him, that is, to see if he is the right man. The complainant then charges the accused by stating the offence in his presence. The police write down the charge in a charge sheet. If the accused wishes
to say something in answer to the charge, the police officer must first caution him that he is not compelled to say anything unless he wishes.

 

167.PLEAS.-When the accused comes to Court, he is placed in the dock. This is the name for the place where the accused stands. If there is more than one accused,
it is the duty of the interpreter to see that they stand in their proper order.

 

168.The charge is then read and interpreted to the accused.

 

169.The interpreter must then say to the accused in his language, You have heard the charge against you? What do you say? Are you Guilty or not Guilty; The accused
then makes his plea.

 

170.When there are several charges against the accused, each is called a count. The Interpreter must ask the accused his answer to each count.

171.The joining together of different counts is called Joinder of counts (see paragraph 446).

 

172.Guilty means that the accused has done the thing he is charged with, and that he has nothing to say in defence.

 

173.Not Guilty means that he has not done the thing complained of, or that he has something to say in defence.

174.The Interpreter must be very careful in interpreting the accused's answer. He must not let the accused waste the time of the Court, but, if the accused has any excuse or defence, the Interpreter must tell the Court. Sometimes an accused person admits that he did the thing complained of, but says that he had a right to do it, or that it was an accident. In that case he pleads Not Guilty, because he does not agree to be punished.If he agrees that he has done a wrong thing, and ought to be punished, he pleads Guilty.

 

175.It is often a good thing for the interpreter to put the question to the accused in two parts :-first, Did you steal (or kill, or whatever it is); then if the accused says, Yes,
the interpreter may ask, Have you anything to say in your defence?

 

176.Sometimes the accused answers that he was not present when the offence was committed. He is then said to plead an alibi. Alibi means not present, or in another place.

 

177.If the accused refuses to speak, he is said to stand mute.

 

 

178.If the prosecution wish to stop the case, they are said to withdraw.

 

179.REMAND. BAIL.-If the case cannot be tried the same day, the judge makes a remand to another day, that is, he sends back or remands the accused to prison. The
interpreter must tell the accused to what day he is remanded.

 

180.Sometimes the judge allows bail, that is, he allows the accused to go away, after signing a paper that he will come back, and bringing people to stand security for him.
The security is called bail and when the accused and his friends sign the paper they are said to give bail for his appearance. Each friend who signs is called a surety, the paper which is signed is called a bail-bond, or recognisance. Offences for which an accused person may be bailed are called bailable offences.

 

181.TRIAL.-When the time comes to try the case, it is the duty of the Interpreter to see that all the witnesses are outside the Court. The interpreter must ask both parties
if they have witnesses, and if so, send them out at once.

 

182  In cases for the Assizes, after the witnesses for the prosecution have spoken, the magistrate (or com- missioner) puts the following question to the accused:- Do you desire to say anything in answer to the charge? It is usual to add the statutory caution, that is, the caution provided by statute or law. The caution is in these words:-You are not obliged to say anything, unless you desire to do so, but whatever you say will be
taken down in writing, and may be given in evidence upon your trial.

 

183  In any prosecution, if the prisoner wishes to say something, the judge or magistrate asks the prisoner whether he wishes to give evidence on oath or to make a statement without taking the oath. The Interpreter must then say to the prisoner in his language, Do you wish to speak where you are, or do you wish to go into the witness-box
and swear before you speak? If you go into the witness-box you may be asked questions. If you stay where your are, you will not be asked questions. Which do you wish to do?

 

184  Immediately after the accused has answered this question and given his statement or evidence, the magistrate (or commissioner) asks him:-Do you desire to call any witnesses here? If the accused answers, Yes, he calls his witnesses, and their evidence is taken in the same way as the evidence of the witnesses for the prosecution. When this has been done, or as soon as the accused has stated that he does not desire to call any witnesses in the lower Court, the magistrate (or commissioner) puts a final question to the accused as follows :-Do you desire to call any witnesses at the High
Court? If so, do you wish to give their names so that they may be summoned?

185.JUDGMENT.-After all the people in the case have spoken, the Court makes a finding, that is, it finds or decides that the accused is guilty or that he is not
guilty.

186  If he is not guilty, he is acquitted or discharged. This is called acquittal. If he is guilty, the Court enquires whether he has any previous convictions, that is, whether
he has been punished in Court before, for the same kind of offence. If it is stated that the accused has been punished before, the Interpreter must tell him so, so that he may have a chance of denying it, if it is not true.

187.The Court then passes sentence, that is, it fixes the punishment or penalty.

188  Sometimes the punishment is a fine of money. Some- times it is imprisonment. If it is imprisonment, the time during which the man remains in prison is also called his sentence. He is said to serve a sentence of one month, or three months (or whatever it may be).

189  The imprisonment may be with hard labour. This means that he is to be put to hard work, because his offence is a bad one.

190.Often the accused can choose whether he will pay a fine or go to prison. In such cases he is said to have the choice, or option, of a fine.

191  When a prisoner gets two sentences, and the Court orders him to finish one sentence first, before he begins the next, we say that the sentences are consecutive, or cumulative. If he serves both sentences at the same time, the sentences are said to be concurrent.

192.When the offence which a prisoner has committed is small, sometimes the judge warns, or admonishes, him, and lets him go. This warning is called an admonition.

193.Sometimes a Court does not punish a man, but binds him over. This means that he has to enter into a recognisance, with or without sureties, to keep the peace and be of good behaviour, or be punished by fine or imprisonment in the usual way.

194.When there is bad feeling between two people, a judge may order them to find security for keeping the peace, or for good behaviour. This means that they and their friends must sign a bond or recognisance promising not to quarrel, under certain penalty.

 

195.If a man pleads Guilty, but begs the judge to lessen the punishment, he is said to ask for a mitigation of the penalty.

 

195.If there is something about a crime that makes it specially bad, this is said to aggravate the crime, or to be an aggravation.

 

                                               CHAPTER VI

                                           I-ASSIZE CASES

197.When a person is accused of a very serious offence, a District Commissioner, or District Magistrate, does not finish the case, but holds an enquiry or preliminary
investigation
, to see whether there is sufficient evidence against the accused to put him on his trial.

 

198.If he finds that there is sufficient evidence against the accused to put him on his trial, he is said to find a prima facie case against the accused. Prima facie means at first sight. A prima facie case, therefore, means a case that appears to be good at first sight and without full enquiry.

 

199.Having found that there is sufficient evidence against him, the Commissioner, or Magistrate, then orders that the accused be sent for trial to the Assizes. This is called
committal for trial, and the Commissioner, or Magistrate, is said to commit the accused.

 

200.In nearly all cases in the Colony, the accused has a choice. or election, whether he will be tried by a jury (see para- graph 211), or by the Court with assessors (see parpgraph 218). When he makes his choice, he is said to elect, or, to make an election.

 

201.The Assizes, or Assize, have already been mentioned in paragraph 38. They are held by the Chief Justice, or Puisne Judge, (at least) four times a year in each Province
of the Colony, and in Ashanti and the Northern Territories to try cases of serious crime.

 

202.When the Judge goes to the Assizes, he has authority to try all the prisoners who are awaiting trial, and to deliver them out of the gaol. This authority is called a commis-
sion of gaol delivery.

 

203.When the Assizes open, the Registrar of the Court reads a proclamation, beginning with the words, Oyez; Oyez; Oyez; This means Hear ye; and is an old word, which
was used to draw people's attention to what came after.

 

204. The Registrar then calls out the names of the Jurymen who have been returned (summoned) to try the issues joined (questions set) between the Government and the accused.

205 The information is read to the accused. This is the written accusation of the crime with which the accused is charged, or, as we say, for which he stands indicted.

206. If the prisoner is accused of something for which he can be put to death, the charge is called a capital charge.

207 The prisoner is then called on to plead. The Interpreter must be very careful in interpreting the plea (see para- praph 174).

208 This reading of the information and calling on to plead is called the arraignment, and the Registrar who reads the information is said to arraign the accused.

209 If the prisioner pleads guilty, he is then sentenced.


210  After the arraignment, if the trial is by jury, the jury- men are balloted for, that is, they are chosen by lot, or ballot, and they are Sworn. The names of the jurors or jurymen are call ed.

211 A jury is a number of men (seven in the Gold Coast Colony) chosen to judge the case. Each man of the jury is called a juror or juryman. An ordinary jury is called a common jury. A jury of important well-educated men is called a special jury, and all cases punishable by death are tried by special jurors.

212 The list of the persons called by the Sheriff to serve on the jury is called the panel, and the persons chosen to serve on the jury are said to be impanelled.

213 People who are thought fit to serve on a jury are said to have the necessary qualification for serving on the jury.

214 If the prisoner or his lawyer objects to any of the jury, he is said to challenge that juryman.

215 If he challenges the whole lot, it is called a challenge to the array. The array means the lot of jurors summoned.

216.The place where the jury sit is called the jury-box.

 

217.The head juryman is called the Foreman of the jury.

 

218. If the trial is not by jury, it is before a Judge with assessors (usually three in number). An assessor is an assistant or adviser to a Judge, but the decision of the
case rests entirely with the Judge, who may overrule the opinions given by his assessors.

 

219  If the Crown Counsel wishes to withdraw a case from the Court he informs the Court that he is not going to proceed. He is then said to enter a nolle prosequi.
These words mean unwilling to prosecute. The accused is at once discharged.

 

220  When the case is finished, the Judge sums up the evidence, that is, he points out to the jury what points are in favour of the accused, and what points are against him. This is called a summing-up.

 

221 The jury give their decision or verdict.

 

222 If the prisoner is convicted the Registrar repeats the allocutus (see paragraph 241).

223 The Judge pronounces sentence.

224 If it is a sentence of death, it is called a sentence of capital punishment.

 

224.Sometimes (in England, but not in the Gold Coast) it is a sentence of penal servitude. Servitude means bondage or slavery. and penal means for punishment.
Penal servitude
therefore means that the man, while he is in prison, will be the slave or bondsman of the Government, as a punishment for his crime.

 

225.When the jury are no longer required, they are discharged, or set free, from their duties.

 

226  If the President afterwards sets the accused free, this is called a pardon.

 

227 If the President changes his sentence to something less severe, for instance, if he changes it from death to imprisonment, he is said to commute the sentence. This is called a commutation.

 

                                 II - FORMS USED AT ASSIZES

 

228.Opening of Assizes

OYEZ! OYEZ!! OYEZ!!! The Supreme Court of the Gold Coast in its Criminal Division is now open for alI cases to be tried therein. All manner of persons having anything to do therein draw near and give your attendance.

229.Warning to Jurors. After the opening of the Court the Registrar gives the following warning to all the Jurors concerned:_

Gentlemen of the Jury please answer to your names and
save your fines.

230.The names of all the Jurors summoned are then called out by the Registrar from a list supplied by the Sheriff or Deputy Sheriff. Any Juror failing to answer to his name
renders himself liable to a fine of £25.

231.Reading information. Calling on prisoner to plead. Each prisoner committed for trial is placed in the dock in turn (unless two or more prisoners are charged jointly, when
they are put into the dock together), and the informations dealing with their particular cases are read over, and where necessary, interpreted to them. The following is an
example of an information:_

 

SUPREME COURT OF THE GOLD COAST
CENTRAL PROVINCE

The second day of February, 1936.

 

At the Assizes holden at Cape Coast in the seventh day of March, 1936, the Court is informed by the Attorney-General on behalf of our Lord the King that SALIFU MOSHIE is charged with the following offence:-

 

MURDER

Contrary to section 227 of the Criminal Code

 

Particulars of offence

SALIFU MOSHIE

on the twentieth day of November, 1935, at SaItpond in the Cape Coast Police District in the Province aforesaid did murder one KOFI KOOM.

In each case the prisoner (or prisoners) is asked:- How say you, Salifu Moshie (or, as the case may be) are you Guilty or Not Guilty?

232.The pleas of the prisoners having been taken, the Court proceeds to pass sentence on those who have pleaded Guilty, after the Registrar shall have put this question to
each prisoner:-

X. Y. Z. you have pleaded Guilty to a Felony (or Mis- demeanour). Have you anything to say why the Court should not now pass sentence upon you according to law?

233.Warning to challenge, As to such prisoners as have pleaded Not Guilty, the Attorney-General or other Counsel appearing for the Crown elects the order in which the cases are to be taken; and, a prisoner having been placed in the Dock, the Registrar gives him the following Warning to chaIIenge:-

The Jurors who are to try you are now about to be sworn; if you object to any of them, you must do so as they come to the Box to be sworn, and before they are sworn, and you shall be heard.

234.The Jurors are then balloted for, and called to the Jury Box, where they are sworn, after which the Registrar calls out the names of the Jurors sworn, for counting, and, after the declaration has been made, the Registrar calls on the Jurors to choose their foreman, thus:-

Gentlemen of the Jury, please choose your foreman.

In cases of treason and felony which are triable by jury, the Registrar, or other officer of Court, then makes proclamation in the following form:-

OYEZ! OYEZ!! OYEZ!!! If anyone can inform His Honour the Chief Justice (Judge), or the Honourable the Attorney-General, of any treason, murder, felony or misdemeanour committed or done by the prisoner at the bar, let him come forth and he shall be heard, for the prisoner stands at the bar upon his deliverance.

235.Giving prisoner in charge.-The foreman having taken his place at the head of the box, the Registrar reads the Information to the Jury, and gives the prisoner in charge
as follows:-

Gentlemen of the Jury, the prisoner stands charged by the name of X. Y.Z. for that he on the       day of             . 19 , etc.,       (here follows the particulars of the offence as stated in the Information).

Upon this Information he has been arraigned, and upon his arraignment he has pleaded that he is Not Guilty; and for his trial he has put himself upon the country, of which
country you are. Your charge, therefore, is to inquire whether he be Guilty or Not Guilty and to hearken to the evidence.

Note.-When the case is tried by the Court with assessors, the prisoner is not given in charge to the assessors, but they are addressed by the Registrar as follows:-

Gentlemen assessors, the prisoner stands charged by the name of X. Y.Z.for that he (here follows the information). Upon this information he has been arraigned and upon his arraignment he has pleaded that he is Not Guilty: your duty therefore is to listen carefully to the evidence that will be adduced before you and to give a true opinion thereon.

236.Oath for jurors. A Christian Juryman takes the following oath with the same ceremony as is prescribed in paragraph 103 (a):-

I swear by Almighty God that I will well and truly try the issue joined between our Sovereign Lord the King and the prisoner at the bar, whom I shall have in charge, and
a true verdict give according to the evidence.

Jurymen other than Christians may affirm (see paragraph 106), or take the oath in any other form they may declare to be binding on their/consciences.

237.Oath for Assessors. An assessor is sworn in the same way as a juryman, except that the words "whom I shall have in charge" are omitted from his oath and for the word
"verdict" the word "opinion" is substituted.

 

238.Oath for witnesses

I Swear by Almighty God that the evidence I shall give to the Court and Jury (or Assessors) sworn between Our Sovereign Lord the King and the prisoner at the bar shall be the truth, the whole truth, and nothing but the truth.

 

239  After an adjournment the names of the Jurors impanelled in the case are called out by the Registrar, who reports to the Court, either that they are all present, or that one
or more of them is or are absent.

 

240  Taking the verdict. The Jurors having retired to consider their verdict, and coming back to Court, the Registrar says to them (after calling out their names, to see if they
come back):-

Have you agreed upon your verdict?

If the answer is Yes, this further question is put to them: How say you, is the prisoner at the bar Guilty or Not Guilty? If the answer is, No, and the offence charged is one which is not punishable by death, this last question is put to the Jurors one by one, because if there is a majority of at least five to two in favour of conviction, and the Judge concurs, the prisoner is adjudged to be Guilty.

If the prisoner is found to be Guilty, either unanimously, or, as above mentioned, by a majority, the Registrar says to him:-

 

241  X. Y.Z. you have been duly convicted of felony (or misdemeanour). Have you anything to say why the Court should not now pass sentence upon you according to Law?

This is called the allocutus.

242. Calling defendant or wituess on his recognisance

A.B., come forth as you are bound to appear here this day, or you will forfeit your recognisance.

243. Calling witness on his subpoena

A.B., come forth as you are bound to appear here this day, pursuant to your Subpoena.

(In each case the name of the defendant or witness is to be called three times in open Court.)

244. Closing of Assizes

 

OYEZ! OYEZ!! OYEZ!!! The Supreme Court of the Gold Coast in its Criminal Division is now closed.

All manner of persons having anything further to do before the said Court may depart hence, and give their attendance here on the ... day of ... God Save the King and His Honour the Chief Justice (or Judge).

245.The procedure outlined above is the regular procedure at Assizes, but it may happen that a prisoner, upon being arraigned, either will not or cannot make an answer to the charge. In such a case the Court may enter a plea of Not Guilty on behalf of the prisoner, or else may impanel a jury to try whether he be of sound or of unsound mind. If the Court decides to impanel a jury for this purpose, each juryman takes the following oath:-

I will diligently inquire and true presentment make, for and on behalf of our Lord the King, whether X. y.z., the prisoner who stands charged with a felony (or misde-
meanour), be insane or not, and a true verdict give according to the best of my understanding, so help me God.

246. Before a sentence of death is passed, the Registrar should call for silence. Everyone in Court will stand up and keep silence whilst sentence of death is being passed. The following words may be used:-

OYEZ! OYEZ!! OYEZ!!! His Honour the Chief Justice (or Judge) strictly charges and commands all persons present to keep silence whilst sentence of death is being passed on the prisoner, in pain of imprisonment.

 

CHAPTER VII

CRIMES

247.Abduction, seizing or enticing away women or children. The accused is said to abduct.

248.Abetting, helping another man to commit a crime. The accused is said to abet, and is called an abettor.

249.Abortion, causing abortion to use medicine or do some- thing to kill the child in the womb.

 

250.Accessory, being an accessory, helping a criminal in
some way.

 

251.Accessory before the fact, one who helps a criminal before the crime. Accessory after the fact, one who helps a criminal after the crime.

252.Arson, wickedly setting a house on fire.

 

253.Assault, to strike a person, or threaten to strike him (when you are standing near). The person who does this commits an assualt, and is called the aggressor.

 

254.Common assault, an assault which causes only slight harm, or none at all, to the person assaulted. The accused is nearly always allowed to pay a fine instead of going to prison.

 

255.Aggravated assault, a serious assault. (For aggravation see paragraph 196).

256.Indecent assault, touching or exposing some other person's private parts, or attempting to do so.

 

257.Assault and battery, assault and beating. Battery means beating.

 

258.Causing harm, causing any bodily hurt, disease or disorder, whether permanent or temporary.

 

259.Note.-The Interpreter must remember that assault means only to strike at a person in any way. In inter- preting to a judge, an Interpreter must not use the word assault, but must tell the judge in what way the accused struck at the complainant, for example, with his fist, or with a matchet.

259.Attempt, to try to commit a crime, for instance, to try to steal.

 

260.Bestiality, having connection with an animal.

259.Bigamy, A man who marries a wife after the Christian fashion commits bigamy if he marries another wife while his first wife is alive.

259.Blackmail, to try to get money from a man by threatening to accuse him of some crime or misconduct.

259.Bribery, the offence of giving or taking bribes. Bribe, a present or dash to some public officer, juror, or voter, to make him help some one unjustly.

 

260.Cheat, to get something from a man by fraud or deceit.

259.Compounding a crime, taking money or some other present from a person, and agreeing not to prosecute or give evidence against him on a criminal charge.

259.Conspiracy, an unlawful agreement between two or more persons to do harm to some one. Persons who agree to do such a thing are said to conspire together,
and are called conspirators, or fellow conspirators.

 

259.Contempt of Court, disobeying the order of the Court, or shewing disrespect in Court.

259.Defamation, spoiling another person's character by words (Slander, see paragraph 332), or writing (Libel, see paragraph 303). The speech or writing is said to be defamatory, because it defames or spoils his character. Where a person uses defamatory words which are not clear, but in such a way that everyone knows what he means, then we say that the words suggest or hint the meaning. This hint or
suggestion is called an innuendo.

270.Embezzlement, when a clerk or servant steals money which he receives for his master.

270.Extortion, when an official forces people to pay him money which is not due. He is said to extort the money.

270.Extradition. This is not the name of a crime, but it is convenient to mention it here. Extradition is the delivery up by one Government to another of a fugitive criminal
or offender (see paragraph 153). When this is done the fugitive criminal is said to be extradited.

270.False imprisonment, detaining a person in some place or other without his consent and without proper authority.

270.False pretences, obtaining money by false pretences, getting money or goods by a lie.

270.Falsification of Accounts, when a clerk alters or omits something from his books so as to cheat his master, he is said to falsify the accounts.

270.Fire-arms. It is an offence to bear arms of precision without licence.

 

270.Arms of precision, fire-arms which are precise, or shoot straight, such as cap guns.

270.Forgery, making a false writing to deceive people. To do this is to forge the writing, and the offender is a forger.

270.Counterfeit, an imitation made to deceive people, for example, counterfeit coin (bad money).

270.Uttering, is passing the false writing to other people and pretending that it is good. One who does this is said to utter the forged writing. A person who knowingly pays
out counterfeit coin is said to utter the counterfeit coin.

 

270.Fortune-Telling, accepting money for pretending to tell a person what will happen in his life. Fortune-Teller, one who pretends to do this, for money.

 

282.Fraud, to gain an advantage over another person by deceitful or unfair means. The means are said to be used fraudulently.

 

283.Homicide, killing a person. It is of different kinds.

284.Murder, intentionally killing a person when there is no extreme provocation or other excuse sufficient in law to reduce the killing to manslaughter.

 

285.Manslaughter. (1) When the killing was intentional, but there was extreme provocation or other matter of partial excuse; (2) When the killing was not intentional, but death was caused by the negligence of the accused. In
this latter case the accused is guilty only of manslaughter by negligence.

 

286.Suicide, killing one's self.

 

287.Excusable Homicide, killing by accident when there is no negligence. (Death by Misadventure.)

 

288.Justifiable Homicide, when a man tries to commit a very bad and violent crime, and some one tries to prevent him and kills him. Under this head comes homicide committed in self-defence.

 

289.Infanticide, killing a child soon after it is born. Patricide, killing one's father. Matricide, killing one's mother.

290.House-breaking, breaking into a house to steal, or the like.

 

291.Burglary, doing this by night.

 

292.Breaking and Entering, breaking into a house, and entering it.

 

293.Sometimes, in a case of house-breaking, we talk about a building within the curtilage of a dwelling house. Curtilage means compound.

294.Incest, having connection with a person with whom marriage is prohibited on account of near relationship.

 

295.Intimidation, any threatening words or actions calculated to lead a person to do something he is not bound to do, or to prevent him from doing something he has a right to do.

296.Kidnapping, seizing a person and taking him out of the jurisdiction of the Court, or imprisoning a person within the jurisdiction of the Court in such a manner that no one knows where he is imprisoned.

 

297.Larceny, stealing; thieving; theft.

 

 

298.There must be carrying away, or asportation, that is, the thief must move the goods.

 

299.Simple larceny, larceny where there is nothing to make the case specially bad.

 

300.Larceny by bailee, larceny by a person who has charge of goods or holds in trust.

 

 

301.Kleptomania, an insane love or mania for stealing.

 

302.Stealing from the person, stealing something which a person has in his hand or pocket.

 

303.Libel, writing which hurts a man's name or character. A person who writes something which spoils another person's character is said to libel that person, and the writing is said to be libellous. A man is said to publish a libel when he shows it to another person: this is called publication.

304.Maim, to wound a person and injure him for life.

 

305.Malicious injuries to the person, unlawfully wounding or injuring a person's body. Malicious injuries to property, spoiling a person's property maliciously.

306.Malingering, pretending to be sick in order to escape duty. (This is not exactly a crime, but it is convenient to mention it here.)

 

307.Misappropriation, stealing money entrusted to one.

 

308.Mosquito cases. Note that a larva (plural larvae) means a young insect, such as the young mosquitoes that are found in water. A receptacle means anything that can hold water. Premises means house, compound, or open piece of land.

309.Mutiny. When soldiers or sailors or policemen refuse to obey their officers, they are said to mutiny or cause a mutiny. They are called mutineers.

 

310.Negligence, want of care.

 

 

311.Nuisance, something which makes a disagreeable noise or smell, or is injurious to the health of the neighbours.

 

312.To cause a nuisance, to cause something which has a disagreeable noise or smell, or is injurious to the neighbours.

 

313.To commit a nuisance, to go to closet (or void excrement, or relieve nature), in a place that is not the proper place.

 

314.Abatement of a nuisance, removing or putting away a nuisance. To abate is to lessen or remove.

315.Peace, the law relating to public order. Hence:-

 

316.Breach of the peace, a row or quarrel in public.

 

317.Inciting a person to commit a breach of the peace, or Endeavouring to provoke a person to commit a breach of the peace, doing something which is likely to make a person angry and cause a row

.

318.Affray, fighting in public and making other people fear.

 

319.Riot. If five or more persons gather together for an unlawful purpose, and try to carry it out by force, they are guilty of a Riot.

 

320.Unlawful assembly, when persons assemble together for the purpose of committing a Riot.

 

321.Perjury, telling a lie in Court or before a public officer, after taking an oath or making an affirmation.

Subornation of perjury,         procuring a witness to tell a lie in Court.

        Suborning,                

 

322.Personation, pretending to be another person.

 

323.Piracy, seizing and robbing boats at sea.

 

324.Prison breach, or breach of prison, breaking out and escaping from prison.

 

325.Procuration of women, procuring or bringing women in order that men may have connection with them.

 

326.Quarrelling, having a quarrel or making palaver in public.

 

327.Rape, having connection with a woman without her consent. The man is said to ravish the woman, and to be the ravisher.

 

328.Receiving stolen goods, receiving goods when you know that they have been stolen.

 

329.Receiver of stolen goods, a person who receives goods knowing that they have been stolen

 

330.Robbery, stealing from a person by force, or with violence or threats of violence.

331.Sedition, stirring up people against the Government. Speeches that do this are called seditious.

332.Slander, defaming or injuring a person's character by words. Words of this kind are called slanderous.

 

333.Slave-dealing, buying or selling a person as a slave.

 

334.Smuggling, bringing goods into the Colony without paying the Customs duty, or bringing goods into the Colony that are forbidden.

 

335.Sodomy, having connection with a man or boy.

 

336.Vagrancy, wandering about, without any house, and doing no proper work. A vagrant means a wanderer, an idle fellow.

 

337.Rogues and Vagabonds, people who are dishonest and wander about.

 

338.Idle and disorderly persons, people who do no work, and make rows

 

339.Incorrigible rogues, people who refuse to become honest.

340.Witchcraft, sorcery; juju.

 

341.Witch, a sorcerer or juju-man, or juju-woman.

 

342.Charm, something worn as a juju.

343.Wounding, to strike a person so that the skin is broken.

 

344.Wound, a cut or tear in the skill of the body.

CHAPTER VIII

CIVIL CASES

345.  We have just been learning words about criminal cases.

It is necessary also for an interpreter to know words about civil cases. Let us now take some of them.

346.  CIVIL CASE.-A civil case is called a suit or litigation or action. A matter about which one may bring a civil case is said to be actionable. If a man can bring a case we say that an action lies.

 

347.  CAUSE OF ACTION.-A person of course, cannot bring a civil case for nothing. He must have some reason for summoning the other man, for instance that the other
man borrowed money, and has not paid it back, or bought goods and has not paid for them. This reason is called a cause of action, or ground of action, or right to
sue.

A person who has a right to sue is said to have a civil remedy, because the proper thing for him to do is to take out a civil summons, and not a criminal summons or warrant.

 

348.  PARTIES In a civil case the person who brings the case is called the plaintiff. The other person is called the defendant, just the same as in criminal cases. The plaintiff is said to sue: the defendant is said to be sued.

 

349.  When the person who brings the case does not begin with a summons, but with a paper called a petition (see paragraph 358), he is called the petitioner, and the other party is called the respondent, because he has to respond to, or answer, the petition. The man who has to answer a husband for adultery is called the co-respondent (see paragraph 898).

 

 

350.  One who makes a demand or claim is sometimes called a claimant.

351.   A man who has got judgment against another is called a judgment-creditor. The man against whom judgment has been given is called the judgment-debtor.

 

352.   A person who holds money for a debtor, and is warned by the creditor not to pay it to the debtor, is called a garnishee. For instance, suppose that I get judgment
against John for £10, and John does not pay me. If I find that James owes £10 to John, I can get a paper from the Court, telling James not to pay John, and afterwards, I can get the order from the Court telling James to pay me the £10. James is called the garnishee.

 

353.   Sometimes a judgment-creditor, in order to obtain payment of his debt, proceeds to have land or goods apparently belonging to the judgment-debtor sold under process of the Court, and a third person comes forward and claims the property as his. The. three parties are then said to interplead, or go to trial between themselves, and the case is called an Interpleader.

 

354.   Infants, that is persons under twenty-one years of age, may sue by a member of their family, who is called their next friend.

 

355.   All the parties to a civil case are called litigants, or suitors, and are said to litigate. The case itself is spoken of as a litigation. (See paragraph 346.) People who are
always going to Court are called litigious.

 

356.   SUMMONS.-A civil case begins by a civil summons, never by a warrant. If the case is an interpleader, the summons is called an interpleader-summons. If it is a
summons against a garnishee, it is called a garnishee summons. If it is taken by a judgment-creditor against a judgment-debtor, it is a judgment-debtor summons.

 

357.   The statement of claim on the summons, or on a paper attached, is called the particulars.

 

 

 

358.When the person who brings the case does not ask for a summons but makes a court paper, telling all about the case, and begging the Court to help, this paper is called a petition. When people beg the Court to grant divorce, or other help in the troubles of married life, they use a petition. So also, when people want to bring an action against the Government, they must use a petition, which is called a petition of right.

359 SERVICE.-In a civil case the defendant is not arrested. He is served with a summons, and told to come to Court. But if he is trying to abscond, that is, to run away and avoid the case, he is called an absconding defendant, and, if complaint is made to the Court, he may be arrested.

360.PLEAS.-When the names of the parties are called in Court, they ought to answer at once, and come forward.

361The interpreter must make the parties stand in their proper places in the Court. The plaintiff usually stands on the judge's right hand, and the defendant on his left. To save time, the plaintiff may be put at once into the witness-box, as he usually talks first. If there is more than one defendant the defendants must be arranged in their proper order, the same as in criminal cases.

 

362 The interpreter must make sure that the people who answer to their names are really the parties. Sometimes two people have the same name, and mistake their case.
Sometimes a party is sick, or not able to come to Court, and some friend or member of his family comes in his place. In such case, the interpreter should find out the name of the person, and inform the Court.

 

363 The claim, or demand, of the plaintiff is read and interpreted to the defendant. The defendant is then asked to state his answer or plea. This must be short. He is not
allowed to make a speech, but must only say whether he agrees to the plaintiff's claim, or not.

 

364  If the claim is for money, the interperter should say Do you owe the money? If the defendant says Yes, he is said to plead indebted. If he says No, he is said to plead not
indebted.

365.If the claim is for return of property, the interpreter should ask, Do you agree to return the property? If the defendant says Yes, he is said to plead liable. If he says
No, he is said to plead not liable.

 

366.If the claim is for damages, the interpreter should ask, Do you agree to pay the damages? If plaintiff says Yes, he pleads liable; if he says No, he pleads not liable.

 

367.If the defendant pleads not indebted, the interpreter should ask him whether he agrees to payor return anything. If he does, he is said to admit this, and this is called an admission.


 

368.If he does not so agree, the Court may wish to know very briefly what kind of defence he has. The interpreter should ask him some simple questions to find out whether he admits that any of the particulars stated in the summons are true. For instance, he may admit that he borrowed the money, but say that he paid it back; or he may admit that he bought the goods, but say that he paid the price, or that the goods were bad; or, again, he may admit that he assaulted the plaintiff, but say that he did it in self-defence; or, that he damaged the plaintiff's property, but that it was not his fault. If he admits any of these things, this also is called an admission.

 

369.If the interpreter can find this out in not more than one or two questions, it will save the time of the Court, because the witnesses will not need to talk about what the defendan t admits.

 

370.It makes another difference, too. You remember that in paragraph 120 we saw that a man who makes a statement must prove it. That means that, in a civil case, the plaintiff must prove his claim. But, when the defendant admits that he borrowed money, or bought goods from the plaintiff, but says that he paid the money, the Court may order him to go into the witness- box first and show how he paid the money. The burden of proof, or duty of proving what he says is then upon the defendant. A Court, therefore, may wish to know what kind of defence the defendant has, before deciding
which is to go into the witness-box first.

 

 

371.But an interpreter must always remember that the Court does not want to hear the defendant's story two times. The interpreter must not waste time in conversation with the defendant at. the beginning of the case. If the defendant cannot state his defence
shortly, the case must go on. A little practice will enable the interpreter to learn the quickest way of finding out whether a defendant has any defence, and if so, what is the nature of his defence.

372 The defendant may plead that the plaintiff has waited too long. Too long delay is called laches.

373  If the defendant says that the plaintiff owes him money, this is called a counterclaim or set-off, and the defendant is said to set-off this money against the plaintiff's claim.

374  If the plaintiff has a case against the defendant, and the defendant has a case against the plaintiff, these are called cross-actions.

375  ADJOURNMENT.-If the case is not to be tried that day, the Court will adjourn the case to another day. The interpreter must tell the parties to what day the case is adjourned.

376  STAY OF PROCEEDINGS.-If there is another case about the same matter pending in another Court, the Court will order a stay of proceedings that is, it will
order the case to be stopped to wait till the other case is decided.

377  TRIAL.-The trial of a civil case is also called the hearing, because the Court hears the parties.

378  The interpreter must see that all the witnesses are out of Court, just as in a criminal case.

379 When the defendant in a civil case gives his evidence he is always sworn, just the same as a witness.

 

380.REFERENCE.-It may be that, during the case, some question of native custom will arise on which the Court wishes the opinion of a chief, or other native. Or, perhaps there may be a lot of payments or accounts, which it is not convenient to check in Court. In such cases the Court may send the matter to some proper person to enquire into that part of the case. The Court is said to refer or remit the matter to this person. This is called a reference, and the man who is asked to report is called a referee. When he has settled the matter, he reports to the Court. His decision is called
his report or award.

 

381.ORDER.-It often happens, in the course of a civil case, that, before the case is finished, the Court may order one of the parties to do something, or to stop doing something. This is called an order. Sometimes it is called an interim order, because it is made in the meantime. The word interim means in the meantime.

 

382.JUDGMENT.-After hearing the evidence, the Court either gives judgment at once, or it takes a few days to consider the matter, in which case it is said to reserve
judgment.

 

383.If the Court gives judgment on some point or question in the middle of a case, this is called an interlocutory judgment. When the Court finishes the case and gives
judgment on the whole case, this is called a final judgment.

 

384.If the plaintiff wins his case, the Court gives judgment for the plaintiff. If the defendant wins, it gives judgment for the defendant. When the plaintiff fails to make out any case for the defendant to answer, or when no satisfactory evidence is forthcoming entitling either the plaintiff or the defendant to the judgment of the Court, the Court gives judgment of nonsuit. The Court is then said to nonsuit the plaintiff, and the plaintiff is said to be nonsuited.

 

385.If it is a case of tort (see paragraph 481), that is, where the plaintiff has suffered from the wrongful act of the defendant, the Court will give the plaintiff compensation (see paragraph 415), for the loss or damage which he has suffered or sustained. This compensation is called damages, and when the defendant pays the damages he is said to indemnify the plaintiff. To indemnify means to make good the loss.

386.Damages are of different kinds:- Double or treble damages, damages amounting to two times or three times the loss sustained

387.Exemplary or vindictive damages, large damages, given where the defendant has behaved badly, and the Court wishes to help the plaintiff, and also to punish the defendant.

388.Liquidated damages, when people make a contract, and settle what damages are to be paid by the one who breaks it. But, when the payment is more than damages, it is
called a penalty, that is, a fine or punishment.

 

389.Nominal damages, damages which are only damages in name; very small damages. Given where the plaintiff has a cause of action, but has either suffered no substantial injury, or has behaved badly in the opinion of the Court.

 

390.Special damages, damages for some particular loss.

 

391.Substantial damages, good damages, large damages.

 

392.When the Court fixes the amount of the damages, it is said to assess the damages.

 

393.The standard which the Court uses in settling the amount of the damages is called the measure of damages.

 

394.If the Court orders the defendant to pay money, it may order him either to pay it all at once, or by portions or instalments.

 

395.EXECUTION.-A judgment-creditor may compel the defendant to pay him, either by seizing the defendant's property, or by putting him in the Debtors' Prison. Equitable

 

396.If he does either of these things, the creditor is said to execute or enforce his judgment, and seizing the property, or putting in prison, is called execution.

 

398  If the Court allows the creditor to execute his judgment at once, this is called immediate execution.

399 If the Court orders the creditor not to enforce his judgment till a certain time, this is called a stay of execution. (See paragraph 486.)

 

399  If the creditor chooses to have the debtor's property seized and sold to pay the debt, he applies for a writ of fl. fa. The officer who executes the writ is said to
attach the property, that is, to take possession of the debtor's land or goods.

400.If the creditor prefers to put the debtor in prison he applies for a writ of ca. sa. When this is issued an officer of the Court arrests the defendant and puts him in the debtors' prison.

401  In certain cases the creditor may obtain a writ of sequestration against the debtor. Sequestration means taking charge of all a man's property, and keeping it until the Court orders what is to be done with it. The property is said to be sequestrated.

402.A writ or order of the Court is called process. (See paragraph 118.)

403  The officer of the Court who executes the process in civil cases is called a bailiff. The bailiffs are under the Sheriff. (See paragraph 131.)

 

                                             CHAPTER IX

                                           CIVIL MATIERS

404.This chapter contains a list of some of the chief grounds of action, and other matters which are met with in Civil Cases.

 

405.Acknowledgment, the admitting of a debt.

 

406.Agreement, a contract. (See paragraph 417.) It also means the writing in which the contract is made. (See paragraph 729.) When a man hires a thing, and agrees to buy it and to pay for it by instalments, this is called a hire-purchase agreement.

 

407.Assault. (See paragraph 253.) A person can bring either a criminal case or a civil case for assualt.

 

408.Bailment, handing goods to another person in trust for some purpose. The person who does this is called the bailor. The person who receives the goods is called the bailee.

There are different kinds of bailments.

Deposit, handing goods to another person for safe keeping. The thing handed is called a deposit.

409.Loan, (I) lending a man something to use and return without charging him anything; (2) lending a person money. If he is charged for the use of it, this charge is called interest. (See paragraph 1105.)

 

410.The person who lends is called the lender. The person who receives is called the borrower.

 

411.Hire, or hiring, (I) lending a man something to use, and charging him for the use. The charge is called the hire. (2) Employing a servant or workman or a carrier. The
payment is called hire or wages. A carrier who trades between two places, and carries goods as his regular business, is called a common carrier.

412.Pawn, or pledge, (1) handing goods to a creditor to keep until the debt is paid. The goods themselves are called a pawn or pledge, and are said to be Pawned or pledged.
The person who hands over the goods is called the pledger, and the person who receives them the pledgee.

 

413.A man whose regular business is to lend money on pledge is called a pawnbroker and his business is called pawn- broking.

 

414.Compromise, to settle a case by agreement. The agreement is called a compromise.

 

415.Compensation, payment made by a person to satisfy a loss which he has caused to another.

 

416.Consolidation or amalgamation. When a Court joins two cases together it is said to consolidate or amalgamate them. This is called consolidation or amalgamation.

 

417.Contract means an agreement or bargain. For instance, when money is lent there is a contract to repay; when goods are sold, there is a contract to pay the price; when
work is done, there is a contract to pay wages; when a house is rented, there is a contract to pay rent. All these cases are said to be founded on contract.

 

418.A document which contains a bargain or agreement is also called a contract. (See paragraph 742.)

 

419.The following are some kinds of contracts:- Executed contracts, contracts where something which was agreed on has been finished.

420.Executory contracts, contracts where something remains to be done by one or both of the parties.

 

421.Immoral contracts, those which are against good morals, such as agreements with prostitutes.

 

422.Note.-A prostitute is a woman who has connection with men for hire. Her trade is called prostitution.

 

423.Wager, when two people stake money on some chance; a bet.

 

 

 

424.The persons who make a bargain or contract are saidto, contract, and are called the contracting parties. If one of them does not do what he agreed to do, he is said to break the contract, or to commit a breach of contract

 

425.When two persons make a contract there is said to be privity of contract between them. Privity here means joint knowledge, that is, both parties know what they are doing, and agree to it.

 

426.The price or benefit which is given by one person to make another person join in a contract is called a consideration, because it is in consideration of this that the other person agrees.

 

427.Good consideration, natural favour and affection, which, in some cases, is the reason or consideration for the contract.

Note.-This expression is misleading, because the English Law does not enforce any contract made merely for natural favour and affection, or out of gratitude for a
past kindness, unless the contract is contained in a deed (see paragraph 749). Thus, in a manner of speaking, a "good consideration" may prove to be a bad one.

428.Valuable consideration, a consideration that has a money value, one which will always render a contract enforceable at law.

 

429.The chief parts of a contract are called the essence of the contract.

 

430.When a person does what he agreed to do, he is said to perform his contract, and his action is called performance of contract. Specific performance means exact performance, that is, when a person does the very thing he has agreed to do, and does not pay money or do something else instead.

 

431.When a person who is not properly bound by a contract afterwards makes himself bound, he is said to ratify the contract, this is called ratification.

432.Conversion, the wrongful taking to one's self of the goods of another.

 

433.Damage, the result of a wrongful act for which the person injured is entitled to compensation. (See para- graph 385.)

 

434.Damages, the compensation for damage. (See para- graph 385.)

 

435.Special damage, a particular loss, for which compensation is claimed. Such compensation is spoken of as special damages.

 

436.Consequential damage, loss or injury which follows an act, but is not the immediate result of it.

 

437.Defamation (see paragraph 269). Defamation belongs both to criminal law and to civil law. If a man libels us, we can prosecute him. But, if we choose, we can take a civil summons against him instead, and ask for damages.

 

438.Distress, when a landlord, or some other person has a right to seize property for rent, or for damage or wrong done, this right is called distress, and he is said to distrain upon the goods of the other man.

 

439.Estoppel, a stop or bar; an admission by a man that prevents him from bringing evidence to prove the contrary. For instance, a man who admits that he signed a deed is generally stopped or estopped from disputing the deed. A man, who admits that he hired a room from a landlord, cannot say that the landlord has no right to the house.

 

440.File, to deposit papers in Court. They are then said to be filed. A bundle of papers, arranged in proper order, is also called a file.

 

441.Gift. A gift is also called a donation. The giver is called the donor, and the person who gets the gift is called the donee.

 

442.Guarantee. (See paragraph 763.)

 

443.Injunction, a writ or process, granted by a Court, requiring a person to do, to forbear, something. It usually means an order by a Court, telling a person to stop doing something.

 

444  Interim injunction, an injunction made for a limited time only.

 

445 Perpetual injunction, an injunction that settles the dispute, and is made for ever.

 

446 Joinder, joining together different things or persons in the same case. (See paragraph 171.)

 

447 Joinder of causes of action, joining together two or more claims in the same case.

 

448 Joinder of parties, joining together several persons as plaintiffs, or as defendants, in the same case.

 

449  Misjoinder of parties, joining a person as plaintiff, or as defendant, to a case wrongly.

 

 

450  Lien, the right which a man has in some cases to hold another man's property, which is with him, until the other man pays him money which is owing. It may be a
general lien, that is, for a general balance of account due; or it may be a particular lien, for example, the right of a seller to retain particular goods, until payment of their
price.

 

451 Malicious arrest, arresting another person without reasonable cause.

 

452 Malicious prosecution, prosecuting another person with- out reasonable cause.

 

453  Master and servant. The master is said to employ the servant. The master is called the employer. The servant is the employee. The work is called the employment or service.

 

454 When the master first gets the servant, the master is said to engage the servant, and the servant is said to enter the employment. While he works for his master he is said to serve, or to be in the employment. When he finishes, he is said to leave the employment.

455.If the master sends the servant away, the master is said to dismiss, or discharge, him. If the master takes the servant back, the master is said to re-engage him. and the
servant is said to re-engage with his master.

 

456.The time during which the servant serves is called the term of employment. The conditions of service are the terms of employment. The pay he gets is called wages or
salary. Another servant who works along with him is called his fellow-servant. A servant who works in the house is called a domestic servant.

 

457.Merger, when one right is swallowed up by a stronger right; for instance, when a person who rents a house afterwards buys it, his right as tenant is swallowed up in
his right as owner. The smaller right disappears, or, as we say, is merged in the larger right.

 

458.Negligence, want of care. This is a crime when the punishment for it is fine or imprisonment. (See paragraphs 285 and 310.)

 

459.Principal and agent. A principal is one who employs another to act for him. Principal has also another meaning. (See paragraph 1122.)

 

460.An agent is one who is employed to act for another. The position or job of an agent is called agency.

 

461.Property. We are here speaking of all property except land. Land is dealt with in Chapter 16. Property which is not land is called personal property or personalty. Land is
called real property or realty.

 

462.The following are some kinds of personal property: Goods, the sort of things which are bought and sold in shops or markets.

463.Chattels, any kind of property except land, or things which are part of the land.

 

464.Chose, a thing.

 

465.Chose in action, a right to summon a man for a debt or sum of money.

466.Chose in possession, where a person has not only the right to enjoy a thing, but also the actual employment of the thing.

467  Assets, property which a person has at hand to pay his debts. (See paragraph 25.)

468  Moveables, goods, furniture, and all property which is not part of the land.

469 Consignment, goods sent to another person. The person who sends is the consignor. He is said to consign the goods to the other person, who is called the consignee.

470 Sale. When goods are sold we call the transaction a sale.

471 The person who sells is the seller or vendor. The person who boys or purchases is the buyer or purchaser or vendee.

472  A person who buys from one person and sells to another is called a middleman; for instance, traders who buy cocoa from the farmers and sell to the exporting firms.

473  The conditions of sale are the terms, or conditions on which property is offered for sale.

474 The money paid for the goods is called the price. When a trader buys goods he sells them again for more money than he paid for them. The difference between the price at which he bought them, and the price at which he sold them, is called his profit.

475.The goods are said to be sold and delivered. Delivered means that the goods have been passed to the buyer, and the seller has nothing more to do with them. This passing of the goods is called delivery.

476.  When a seller sends goods to a buyer, but stops them on the way, because the buyer has become bankrupt, this stopping is called stoppage in transita.

477  When the seller sends a paper to the buyer containing a list of tbe goods, and a note of the Prices, this is called an invoice. The particulars given in the invoice
are called invoice details.

478. When the buyer guarantees that the goods are of a certain quality, this guarantee is called a warranty.

479  Seduction. A man who persuades a woman, who is not his wife, to have connection with him, is said to seduce her, Her father or master can sue him for damages, if the father or master loses her services as a result of the seduction. The case is called an action of seduction.

480.Tender, an offer of something by a defendant to settle a case.

481 Tort, an injury or wrong for which a person can claim damages. An act which is injurious or wrongful is called tortious. Examples of tort are an assault, or a trespass. All such cases are said to be founded on  tort.

482.Undertaking, a promise. Sometimes it means an enterprise, or business.

 

 

                                              CHAPTER X

 

                                              APPEALS

 

483.When a person is dissatisfied with a judgment, he applies to a higher Court. He is then said to appeal, and his application is called an appeal.

484 The person who appeals is called the appellant. The opposite party is called the respondent.

485  A Court which has power to hear appeals is said to have appellate jurisdiction. Appellate means belonging to appeals.

486  The person who appeals usually asks the Magistrate for a stay of execution. This means that everything is to be stopped, and he is not to be fined or sent to prison
until the higher Court has decided the case.

487  If the higher Court agrees with the judgment, it affirms the judgment. If it disagrees, it allows or sustains the appeal, reverses the judgment, and in a criminal case, cancels or quashes the conviction. If it sends the case back to the lower Court, it is said to remit the case to that Court.

488 The higher Court, as a rule, decides the appeal on the arguments put before it on behalf of the parties. It has power, however, to order the case to be re-beard, that is to be tried again. This hearing again is called a re- hearing.

 

489.A Judge, or Magistrate, has power to change his own judgment in a civil case, even if no one appeals. This is called a review of judgment; and he is said to review the
judgment.

 

 

                                       CHAPTER XI

                                        INQUESTS

               (1. PROCEEDINGS AT a. CORONER'S INQUEST)

490.Order for Post-mortem examination. When a death is reported to the Coroner which appears to call for investigation, he proceeds as follows :-He sends to the Medical Officer (if one is available) an order to make a post-mortem examination of the dead body. (On receipt of this report the Coroner can, in certain cases, dispense with an inquest. See The Coroners Ordinance, 1935 section 9 (3).)

 

491.Summoning Jury. At the same time the Coroner, except in Ashanti and the Northern Territories where no jury is required, sends out a bailiff, or other officer of the Court with five or more Coroner's jury summonses in the prescribed judicial form, and these are served on the jurors by the bailiff. The jurors must then attend at the time and place mentioned in the summons.

 

492.Opening of Court. The Court may be opened with the following proclamation*:-You good men of this District, summoned to appear here this day to enquire for our Sovereign Lord the King when, how and by what means

(or, a certain person whose name is unknown) came by his death, answer to your names as you shall be called, every man as the first call, upon the pain and peril that
shall fall thereon.

493.Calling jurors. The names of the jurors summoned are then to be called over. If a sufficient number do not appear, the following proclamation may be made -

-This may be omitted. 

You good men who have been already severally called and have made default, answer to your names and saw your peril.   '

494.Should it be necessary to take evidence as to the service of the summonses, the following oath may be administered:-

You shall true answer make to all such questions as the Court shall demand of you: So help you God.

495.If a full jury cannot be obtained, the Coroner may summon on the spot sufficient men to make up the jury.

496.Oath of Interpreter. The Interpreter may be sworn in the form prescribed in paragraph 104.

 

497.Swearing jurors. When there are a sufficient number of jurors present, this oath shall be administered to them:-

You shall well and truly try and inquire, for and on behalf of our Sovereign Lord the King when, how, and by what means

(or, a certain person whose name is unknown), came to his death, and a true verdict give according to the evidence:

So help you God.

A juryman may affirm (see paragraph 106), or take the oath in any other form he may declare to be binding on his conscience.

498.Viewing the Body. The body may be viewed by the Coroner and jury.

After the jurors have viewed the body the inquest may possibly be adjourned to another day, or it may proceed at once.

499 •. Proclamation for witness. The following proclamation may then be made:-

If anyone can give evidence on behalf of our Sovereign Lord the King, when, how, and by what means (or, a certain person whose name is unknown), came to his death, let him come forth and he shall be heard.

The witnesses who have been summoned at the instance- of the Police are then called, and give their evidence; and after them, other witnesses (if any).

Should a charge of homicide have been made against any person previously to the Inquest, he should be placed in the dock and invited to cross-examine the witnesses in the same manner as an accused person is by a Magistrate on the investigation of a charge.

500.Swearing witnesses. The form of oath to be taken by a witness may be asfollows:-

The evidence which you shall give on this inquiry shall be the truth, the whole truth, and nothing but the truth: So- help you God.

501. Adjournment of Inquest. Should it be necessary, for any reason, to adjourn the Inquest, the recognisances of the jurors to attend at the time and place appointed are to- be taken, and the witnesses are to be told when and where they have to attend again. The following notice" may be given:-

-This may be omitted.

All manner 0/ persons who have anything more to do at this Court before the King's Coroner for this District, may depart home at this time and give their attendance (here again or at

                           ) on

the                                                                      day of

at                                                                                     of the clock in the

precisely. God save the King .

 

. 502. Re-opening the Inquest. After the adjournment the Court may be opened with the following proclamation:-

All manner of persons who have anything more to do at this Court before the King's Coroner for this District, on this Inquest now to be taken and adjourned over to this time and place, draw near and give your attendance; and you, gentlemen of the jury, who have been impanelled and sworn upon this Inquest to enquire touching the death of

(or, a person whose name is unknown), severally answer to your names and save your recognisances.

The names of the jurors are then called out, and when all are found to be present the Inquest proceeds.

503.At any stage of the proceedings, if the evidence raises a suspicion that some person may be guilty of homicide, the Coroner may issue a warrant to arrest the suspected person, and bring him before the Court. In such a case all witnesses who have given their evidence should be re-examined in the presence of the accused, who should be afforded an opportunity of crossing-examining them.

-This may be omitted.

504.Statement of accused. When all the evidence adduced on behalf of the Crown has been taken, the charge is read over to the accused and the Coroner asks him whether he decides to say anything in answer to. the charge (see paragraph 182). It is usual for the Coroner to add the statutory caution (see paragraph 182). The Coroner should also ask the prisoner whether he wishes to give evidence on oath or to make a statement (see paragraph 183). If the accused wishes to say something in answer to the charge, it is taken on the same judicial form as that used at a preliminary investigation.

505.Evidence for the defence. The accused must be asked if he wishes to call any witnesses, and the depositions of all witnesses called by him must be taken in the same way as at a preliminary investigation (see paragraph 184).

506.Summing-up. When all the witnesses have been examined, the Coroner sums up the evidence to the jury.

507.Verdict. The jury are then to be directed to consider their verdict; if the jury are unanimous, the verdict is delivered by the Foreman; if there is a difference of
opinion, the Coroner should take the opinion of the individual jurors, the verdict being that of the majority. The Coroner then enters the verdict on the prescribed judicial form, which must be signed by each juror and counter-signed by the Coroner.

508.Whatever verdict may be returned by the jury, the Coroner himself must decide whether an accused person is to be committed for trial or discharged. When the accused is comraitted for trial, the same procedure is to be observed respecting his election as to the mode of his trial, and the binding of witnesses by recognisance as on the investigation of a charge. (See paragraph 200.)

509.Warrant to bury. The Coroner may issue his Warrant for the burial of the body (without which it cannot be buried), at any time after the jurors have seen it. Some
such form as the following is in general use:-

The Births, Deaths and Burials Ordinance.
Warrant aurthorising issue of Burial Permit.

I hereby authorise the Deputy Registrar of Death to issue his certificate for the burial of now lying in the mortuary at

Dated               the                                           day of                                    19

 

                                                                                     Coroner.

                                        (2. MEDICAL WORDS)

510.In Inquests, cases of Lunacy or Leprosy, and in other proceedings, the Interpreter will meet with medical words that is, words used by doctors. It is useful for an Interpreter to know some of these, so that he may be able to interpret them properly to natives.

The following list is given for reference only:-

511.Abdomen, the body between the chest and the legs.

512.Abnormal, out of the common.

513.Abort, to miscarry; to finish a pregnancy before the proper time.

514.Abortion, miscarriage. (See paragraph 249.)

515.Abortive, a medicine or instrument causing abortion.

516.Accelerate, to hasten.

517.Accident, something that happens by chance, without anyone's fault.

518.Acute, serious; severe.

519.Adhere, to stick.

520.Adherent, sticking.

521.Adjudication, a judgment (e.g., that a person is a lunatic or a leper).

522.Adult, a full grown person.

523.Amputate, to cut off (a part of the body).

524.Amputation, the cutting off (of a part of the body).

525.Anaemia, want of blood. Anaemic, having too little blood.

526.Anaesthetic, a medicine which causes people not to feel pain.

527.Analyse, to test or try a thing to see what is in it. Analysis, a testing or trying.

528.Apoplexy, a stroke or shock caused by bleeding in the brain.

529.Apopletic, having apoplexy, or inclined to apoplexy.

530.Artery, one of the chief vessels or tubes which carry blood from the heart.

531.Arterial blood, blood from the arteries, different from blood from other parts of the body. It is bright red in colour.

532.Asphyxia, death from stoppage of breathing; suffocation.

533.Asphyxiate, to kill by stopping the breath; to suffocate.

534.Asthma, a disease which causes difficulty in breathing.

535.Bronchial, relating to the breathing tubes. Bronchitis, inflammation of the breathing tubes.

536.Bruise, to crush or mark with a blow; a mark of a blow (not a cut).

537.Cardiac, belonging to the heart.

538.Cavity  any hollow part of the body.

539.Cerebral, belonging to the cerebrum (the front of the brain).

540.Cenical, belonging to the neck.

 

 

 

                 

541.  Chloroform, a kind of medicine that makes people unconscious and insensible to pain; an anaesthetic.

542.  Chronic, continuing for a long time.

543.Cicatrix, (plural Cicatrices), the sort of skin which forms over a wound when it heals.

544.  Cicatrization, formation of a cicatrix; healing a wound.

545.  Cicatrize, to heal or form a cicatrix.

546.  Coagulate, to thicken; curdle; clot; congeal.

547.  Coagulation, the act or process of coagulating.

548.  Collapse, to fail suddenly and completely; a sudden failure of strength.

549.Complication, any new sickness which may come to a man who is already suffering from an illness.

550.  Compress, to press together; to squeeze.

551.  Concussion, shock.

552.  Congenital, constitutional; born with one.

553.  Congest, to fill too full of blood.

554.  Congestion, over-fulness of the blood-vessels.

555.  Conscious, able to think, and know things.

556.  Consciousness, the state of being conscious.

557.  Constitution, the powers of one's body.

558.  Constitutional, belonging to the constitution.

559.  Contused, bruised.

560.  Contusion, a bruise (not a cut).

561.Coroner, a Government officer who enquires into the causes of sudden deaths.

562.  Corrosive, stuff which eats or wears away what it touches.

563.  Cranium, the skull.

564.  Crisis, the change in a serious illness which means either recovery or death.

565.  Debilitate, to weaken; to make feeble.

566. Debility, weakness; feebleness.
567  Decomposition, rottenness
568. Deferred, delayed.

569.                     Delirum,             a wandering of the mind' a raving.

Deliriousness,                                         '

570.   Delirious, wandering in mind; raving.

571.Delirium tremeus or "DT's." raving caused by excess in intoxicating drinks.

572 Delusion, imagining something which does not exist.
573 Dementia, madness; insanity.

574 Derangement, disorder of the mind; insanity.
575 Diaphragm, the midriff or wall inside the body between the chest and the abdomen.

576 Diarrhoea, a sickness which makes a person go very often to the closet.

577 Dilated, swelled or stretched wide.
578 Dislocate, to put out of joint.

579  Dislocation, being out of its proper place, or out of joint.
580 Dissect, to cut open a body to examine the parts.
581 Dissection, the cutting open of a body.

582 Distended, stretched or swelled.

583 Duration, continuance; time.

884 Dysentery, a sickness which causes a person to void mucus and blood.

585 Eccentric, strange or peculiar in habits.

586 Eccentricity, the state of being eccentric; a strange or peculiar habit.

587 Effusion, the shedding or pouring out of blood or other liquids of the body.

588 Effused, shed, or poured out.
589 Emaciated, wasted away. very lean.

590.Embryo, the child in the womb shortly after conception.

591.Emetic, medicine which causes vomiting.

592.Engorged, filled to overflowing (with blood).

 

590.Epidemic, any sickness which attacks many people at the same time.

591.Epilepsy, a disease which causes a person to have fits and to fall down suddenly. .

595.Epileptic, suffering from epilepsy.

596.Erysipelas, an inflammation of the skin.

597.Exhaustion, the state of being tired out, or worn out.

598.Exhume, to take a body out of the ground after it has been buried; to disinter.

599.Exhumation, the act of exhuming.

600.Exoneration, finding that no blame attaches to a person.

601.External, outside.

602.Extravasated, forced out of its proper place (used only of the blood and other body fluids).

603.Fatal, causing death.

604.Felo de se, suicide.

605.Foetus, the child in the womb.

606.Foetal, belonging to the foetus.

607.Fracture, to break; the breaking of a bone.

608.Gestation, the time of carrying a child in the womb (pregnancy).

609.Hallucination, delusion.

610.Haemorrhage, discharge of blood.

611.Identify, see paragraph 1093.

612.Identification, see paragraph 1094.

613.Identify, see paragraph 1095.

614.Idiocy, when a person is crazy or of weak mind.

615 Immersion plunging into water (or other fluid).

616.Impotent. not able to have connection with a woman.

617.Impotency or Impotence, the state of being impotent.

618.Incision, a cut or gash.

619.Incised, cut or wounded with a sharp thing.

620 Infectious (a disease) that passes from one person to another.

621 Inflammation, the effect on the body of anything which irritates or injures it.

622 Injection, a dose of medicine forced into the body.

623 Inquest, an inquiry held by the Coroner concerning a dead body.

624 Inquisition, an inquest; the paper on which the proceedings are written.

625.Insane, mad; crazy.

626.Insanity, madness; craziness.

627.Internal, inside.

628.Intestines, the bowels.

629.Intestinal, belonging to the bowels.

630.Irritant, that which irritates, or bums or bites the parts of the body which it touches.

631.Lacerate, to tear.

632.Laceration, a tear.

633.Lesion, an injury.

634.Livid, discoloured.

635.Lobe, a division or part.

636.Lucid interval, a short time of reason in the middle of madness.

637.Lunacy, madness; craziness.

638.Lunatic, a madman; a crazy person.

639.Mania, violent madness or insanity.

640.Maniac, a raving lunatic; a madman.

641.Melancholia, a trouble of the mind, causing sadness or gloominess.

642.Membrane, a thin skin inside the body.

643.Menses, the monthly courses of women; flowers.

644.Menstrual, belonging to the menses.

645.Menstruate, to discharge the menses.

646.Menstruation, the act or time of discharging the menses.

647.Miscarriage, the birth of a child before the time when it is ready to be born.

648.Monomania, madness about one thing.

649.Monomaniac, a person who is mad about one subject.

650.Mortal, deadly, fatal.

651.Mortuary, a house where dead bodies are put to be examined by the doctor.

652.Mucus, a kind of slim found in the body, for instance, about the nose.

653.Mucous, slimy; having mucus. Mucous membrane, thin skin inside tbe body which
produces mucus.

654.Natural causes, causes which are due to nature, such as sickness, and not to violence.

655.Non compos mentis, not settled in mind; mad.

656.Normal, ordinary; not out of the common.

657.Noxious, hurtful, harmful.

658.Organ, any separate part of tbe body.

659.Organic, belonging to or affecting, an organ of the body.

660.Penetration, piercing.

661.Penis, the male organ of copulation (or connection).

662.Perforate, to pierce with a hole.

663.Perforation, a hole made by boring or piercing .

664.Peritonitis, inflammation of the membrane that lines the abdomen.

665.Phthisis, wasting of the lungs; consumption.

666  Pleurisy, inflammation of the membrane covering the lungs.

667 Posthumous. (See paragraph 881.)

668.Post mortem, after death; an examination made after death; sometimes written P.M. for short.

669.Pregoancy, the state of being with child. Pregnant, being with child.

670.Primary cause, first, or chief, cause.

671.Protrude, to stick out through an opening.

672.Puberty. (See paragraph 882.)

673.Puncture, to prick or pierce with a small pointed thing; a prick or small hole made by a point.

674.Putrid, rotten.

675.Putrefy, to become rotten.

676.Putrefaction, rottenness.
677 Respiration, breathing.

677.Resuscitation, reviving.

678.Rider, an opinion added by a jury after their verdict.

679.Rigor mortis, stiffness shortly after death.

680.Rupture, to burst; a burst (inside the body).

681.Scald, to burn with boiling water; a burn caused by boiling water or steam.

683.Scar, the ark of an old wound.

684.Scrotum, the bag of skin which contains the testicles.

685.Secondary cause, second or less important, cause.

686.Semen, the seed of men or male animals.

687.Seminal, belonging to the semen.

688.Senile, belonging to old age.

689.Sever, to cut through.

690.Severance, a separation; a cutting through.

691.Shock, a sudden blow; the effect on the body of a sudden serious injury or violent feeling.

692.Smother, to suffocate, or stifle.

693.Spasm, a sudden unnatural drawing in of a muscle; a jerk.

694.   Spasmodic, jerky.

695.   Spine, or Spinal column the backbone.

696.   Stab, to pierce with a pointed weapon.

697.  Stain, to colour, or make dirty, for instance, with blood; a mark or spot which has been coloured or made dirty.

698.Strangle, to choke to death by squeezing the throat.
699. Strangulation, a choking to death by squeezing the throat.

700.   Stupor, the state when a person is nearly insensible.

701.   Superficial, on the surface.

702.   Symptom, any sign of disease.

703.   Syncope, a fainting or swooning.

704.   Syphilis, an infectious venereal disease.

705.   Testicles, the stones in scrotum.

706.   Tetanus, lock-jaw.

707.   Tissue, some of the material of the body.

708.   Tuberculosis, consumption.

709.Ulcer, a sore on the surface of the body. A sore which begins below the surface is called an abscess.

710.   Unsound mind, craziness.

711.   Vagina, the passage to the womb.

712.   Venereal disease, sickness of the private parts.

713.   Venous, belonging to the veins.

714.   Vertebra, plural Vertebrae, one of the separate pieces of the backbone.

715.Vessel, any tube in the body containing blood or other fluid.

716.   Virulent, very strong and hurtful.

717.   Viscera, the organs inside the body.

718.Weal, a mark made on the skin by a stick or whip.

719. Wound, to strike the body and 'cut it; a cut on the body.

 

 

CHAPTER XII

DOCUMENTS

720.Written papers, of whatever kind, are called Documents.

 

721.Formal legal documents, for instance, guarantees or agreements, are sometimes called instruments.

 

722.It is important that an Interpreter should know the names of the chief kinds of documents which may be mentioned in cases.

 

723.This chapter contains (1) a list of documents commonly mentioned in Court; (2) a list of words relating to documents.

(LIST OF DOCUMENTS)

724.Account, a statement of money due.

 

725.Item, a separate particular in an account.

 

726.Acknowledgment, a receipt.

 

727.Affidavit, a written statement sworn before a person having authority to administer an oath, by a person called the deponent. It contains several short paragraphs, each numbered.

 

728.Jurat, the note at the foot of an affidavit or deposition stating the time, place, and person before whom it is sworn. For specimens see "Laws of the Gold Coast Colony, 1928", vol. II. page 1663, Form 51.

 

729.Agreement, a written contract or bargain between two people, signed, but not sealed.

 

730.Appendix, .a part added at the end of a book. For specimens see Appendix A and Appendix B to the Rules of the Supreme Court.

 

731.Attested copy, a copy certified by some one to be true.

 

732.Bill of Lading, a document signed by captains of ships, acknowledging the receipt of merchants goods. It states the names of the ship and captain; the destination of the ship (the place to which it is going); the goods; the consignee (the person to whom the goods are sent); and the rate charged for carrying the goods (freight) Act of God. These words are used in Bills of Lading (and in other places). They mean something which happens from natural causes which no man can prevent, for example, death, flood, or tempest.

733.Bill of sale, a formal legal document which transfers the ownership of ships or movable property. It must be executed as a deed, that is signed, sealed and delivered,
and does not apply to property in land (see paragraph 749).

 

734.Bond, a written acknowledgment of a debt, or contract to pay, under seal.

 

735.Bail-bond, a bond signed by a person arrested and his sureties, binding him to appear in Court; a recognisance. (See paragraph 180.)

736.By-laws or bye-laws, rules of the Railway, or of some other Government Department or body such as a Town Council, made under the authority of an Ordinance.

737.Cash book, a book in which a person writes the money which he receives, on one side, and, on the other side, the money which he pays out.

738.Cause list, a list of cases to be tried.

739.Caveat (let him take heed), a notice entered on the books of a registry or Court, to prevent a certain step being taken without informing the person who has entered the
notice. For instance, a person may lodge a caveat objecting to a marriage.

740.Certificate, a statement signed by an official or other qualified person, for example, a doctor, certifying, or stating, that something is true.

Medical certificate, a certificate by a doctor about someone's health.

 

 

 

 

741.Certified copy, a copy of a document, with a certificate on it signed by a person saying that it is a true copy.

742.Contract, a written document containing a bargain or agreement. (See paragraph 418.)

743.Covenant, a contract signed by one person, and sealed.

744.Simple contract, a contract not under seal.

745.Speciality, a contract under seal.

746.Conveyance, a formal legal document by which any property is transferred to, or vested in, any person. (See paragraph 929.)

747.Counterpart, the duplicate, or second copy made at the same time as the original (see paragraph 801) and signed by the same parties.

748.Debenture, a formal legal document issued by a limited company or public body as security for a loan.

749.Deed. A deed is a written document, passing some property, or embodying some agreement, which is not only signed by the person or persons making it but also
sealed and delivered. A person usually delivers a deed by touching the seal he has placed upon it and saying, I declare this as my act and deed.

750.Engross, to write out a deed.

751.Execute, to complete a deed, by signing, sealing and delivering it.

752.Execution (of a deed), signing, sealing and delivering it.

753.Deposition (see paragraph 835).

754.Discharge, a document freeing or releasing a person from some bond or obligation.

755.Dying deposition, a deposition on oath by a dying man about the cause of his death. When a dying man makes a statement, in words or in writing, but not on oath, it is called a dying declaration.

756.Draft, a document written out roughly, and meant to be fair copied. An order to pay money, for instance,' a bill of exchange.

757.Excerpt, an extract or part taken from a document.

758.Facsimile, an exact copy.

759  Fi. Fa., when a person has got judgment, and the debtor does not pay, the creditor can go to the Court and get a warrant or writ of fl. fa., to seize and sell the debtor's goods.

760 File (see paragraph 440).

761 Folio, a page of a book, usually of a cash book or ledger.

762 Grant, a transfer of property by deed or writing; a gift by the Government. The person who makes the gift or transfer is called the grantor. The person who receives the gift or transfer is called the grantee.

763  Guaranty or Guarantee, a promise to stand for another in case he should fail to keep his bargain.

764 Guarantor, one who makes such a promise.

765  Guarantee, one to whom such a promise is made.

766 Surety, a guarantor.

767 Co-surety, fellow-guarantor; one who joins with another in standing security.

768 Habeas Corpus. A writ of habeas corpus is an order or warrant by the Supreme Court, ordering a jailer to bring an unconvicted prisoner before the Court to inquire into the cause of his imprisonment.

769 Indenture, a deed between two or more parties.

770 Information, a criminal charge (see paragraph 164), especially the long charge which is read out to a prisoner at the Assizes (see paragraph 205).

771  Interrogatories. In some cases in Court, one party has the right to make a list of written questions which the other party, or a witness, has toanswer. These are called interrogatories.

772.Invoice (see paragraph 447).

773.Lease (see paragraph 960).

774.Ledger, an account book which contams a summary- of all a trader's accounts, each written on a different page.

775.Letters of request, a document from a Court in one country, requesting a Court in another country to take the evidence of a witness who lives there,

776.Licence, a document giving permission, to do something which will not be lawful without this permission; for instance, to sell intoxicating liquor, to have a gun, etc. The person who receives permission is called the licensee.

777.Manifest, a document signed by a captain giving a list of the goods on board his ship, and setting out the places where they were shipped, and the place to which they are to be taken.

778.Mortgage (see paragraph 970).

779.Negotiable instruments, cheques, bills of exchange and promissory notes. They get this name because∑ they can be negotiated, or passed, by the creditor to another person so as to be "good" to him.

780.Bill of exchange, a written order ftom one person to another telling the latter to pay, to. some person mentioned, a certain sum of money at a certain time.

781.The person who makes a bill of exchange and signs it is called the drawer. He is said to draw the bill. The person who is asked in the bill to pay is called the drawee.The bill is said to be drawn on him.

782.If the drawee writes his name across the bill he is said to accept it, and is called the acceptor •. His signature is called an acceptance.

783.The person who is mentioned in the bill as the person to whom the money is to be paid is called the payee  ,

784.When a person passes the bill to, another he signs his name on the back. This signature is called an indorsement,. or endorsement, and he is said to indorse or endorse, the bill, and is called an indorser or endorse. The person to whom he passes the bill is called an indorsee or endorsee.

785.A payee or indorsee in possession of a bill is said to hold it, and is called the holder.

786.When a bill becomes due it is said to mature. The time when it becomes due is spoken of as the time of its maturity. When the time is past the bill is said to be
overdue.

787.When it is due the holder presents it to the acceptor for payment. This act is called presentation.

788.If it is not paid it is said to be dishonoured. It. is then initialed or noted by a notary public (a kind of officer who takes notes of anything which may concern the public), and a document is made, called a protest. The bill is then said to have been protested.

789.A person is allowed three days in which to pay a bill after it becomes due. These are called days of grace.

790.Cheque, an order addressed by a person to a bank telling the bank to pay acertain sum of money to the person mentioned in the cheque. It is really a bill of exchange
addressed to a bank.

791. To prevent stealing, people are in the habit of writing across cheques & Co. When this is done, the bank will not pay the money to the person who wants to cash the cheque unless he has an account with a bank. This is called crossing the cheque, and the cheque is called a crossed cheque .

792.I.O.U., a written acknowledgment of a debt, beginning with these letters and then telling the amount of the debt, and signed by the debtor. l.O.U. means I owe you.

 

793.Promissory note or note of hand, a written promise to pay, to a person named, a certain sum of money. The person who signs it is called the maker. It can be indorsed and presented, just like a bill of exchange.

794.Ordinance, a law made by the Government. In the Gold Coast Colony the Ordinances are passed by the Legislative Council (see paragraph 5).

795 .. Enact, to pass or make a law.

796.Enactment, a law.

797.Interpretation clause, the paragraph at the beginning or end of a law, that gives the meaning of the words used in the law.

798.Repeal, to cancel an old law by a new law.

799.Original, the first writing made, with the real signatures; not a copy.

800.Pleadings, the written statements sometimes filed in Court by the parties to a civil action, setting out the important facts on which each party relies; for instance, statement of claim, statement of defence, counterclaim, etc.

801.Amendment, a correction or alteration of a pleading or of a law.

802.Power of Attorney, a document signed by one person, giving another person power to act for him.

803.Proxy (see paragraph 1123).

804.Receipt, an acknowledgment in writing of having received money.

805.Recognisance, a bond signed by a person in Court, promising to pay a sum of money unless he does what the Court has ordered him to do. When the person fails
to do the thing, the recognisance is said to be forfeited and it is then estreated or enforced, that is the person is. compelled to pay the amount he signed for.

806.Record, the entry in the judgment book, or record book of a Court.

807.Voucher, a document which is evidence of a transaction; for instance, a Treasury voucher which shows that money was paid into, or out of, the Treasury.

808. Writ, a document issued by a Court to bring a person before it, or to enforce obedience to an order or sentence of the Court. For instance, a writ of summons, a writ
of fi.fa., etc.

2. LIST OF WORDS RELATING TO DOCUMENTS.
'809. Alteration, a change made in a document.

810.Material alteration, a change made in a document that matters, or is important.

811.Ambiguity, doubtful or uncertain meaning.

812.Ambiguous, having a doubtful or uncertain meaning.

813.Attest, to sign as a witness.

814.Attestation, signature as witness.

815.Attestation, clause, the sentence written at the foot of a a document signed by the witnesses, stating that they witnessed it.

816.Attesting witness, one who signs at the foot of a document to witness, or attest, the signature.

817. Attested Copy. (See paragraph 731.)

818.Authentic, real; genuine; done by proper authority.

819.Authenticate, to prove to be genuine or true.

820.Authentication, a proving to be true; a signature by a person in authority that a document is in proper form. and that the signatures are true.

821.Beneficiary, one to whom property belongs in truth and in fact, although someone else may hold it in name.

822.Beneficial right, or interest, the interest or right which a beneficiary has in his property.

Note.- These words (821 and 822) often occur in Deeds.

823.Cancel, to srtike out.

824.Cancellation, a striking out.

825.Certified copy (see paragraph 741).

826.Construe, to explain a written document.

827.Construction, an interpretation or meaning (of a written document).

828.Constructive, supposed to have been done. For example, constructive notice is notice which is supposed by the law to have been given, although perhaps no direct
notice was given.

829.Date, the time when a document is made. This ought to be written on the document. To date means to write on the date.

830.Dated, having the date written on.

831.Ante-dated, having a date written on it which is past.

832.Post-dated, having a date written on it which has not yet come.

833.Depose, to make a deposition, or statement on oath.

834.Deponent, a person who makes a deposition or affidavit.

835.Deposition, evidence of a witness, given on oath, written down, and signed by him.

836.Caption, the heading of a deposition. It begins:-

                       of         stands charged before the Court for

           that he                        on the day of (see page 1650 of vol. II of "Laws of the Gold Coast Colony 1928").

837.Documents of title, those which show right of ownership.

838.E. & O.E. Errors and omissions excepted.

839.Engross (see pargraph 750).

840.Erase, to scratch or scrape words out of documents.

841.Erasure, the place where words have been scratched or scraped out.

842.Execute (see paragraph 751). A document other than a Deed is executed or completed by the party or parties to be bound merely signing the same.

843.Execution (see pargraph 752).

844.Holograph, a document written entirely by the person who signs it.

845.Interpolate, to insert or write in new words in some part of a document, after it has been finished.

846.Mark, an X made by a person who cannot write.

847.Marksman, a person who cannot write and makes his X.

848.Original (see pargraph 799).

849.Party, one of two or more persons who execute a document.

850. Proviso, any words in a document which state a condition.

851.Oval:   L .S.
Seal, the little round red paper or piece of sealing wax stuck on deeds where the persons sign; the stamp of the Court.

L.S., written or printed                                        means the
place of the seal, and is put                                  on copies
instead of the seal                                                  .

852.Viz., or videlicet, or to wit, that is to say; namely.

853.Whereas, considering that-; it being the case that- Used in a document at the beginning of sentences, telling what took place before the bargain or order was made.

 

 

CHAPTER XII

FAMILY RELATIONS

854.All the people who are connected with a person by birth or marriage are called his relatives or relations.

855.The tie or connection between them is called relationship.

856.The steps, or distances, between them are called degrees of relationship.

857.Relationship is either lineal or collateral.

858.Lineal, means going in a direct line, as from father to son.

Those who come before us such as father, or grand- father, are called ascendants. Those who come after, such as children, are called descendants.

859.Collateral means side by side, such as brother and sister, or cousins.

860.We may also divide relationship in another way-into relationship byconsanguinity, that is, by being of the same blood; and relationship by affinity, that is by marriage.

861.People who are connected by birth are called kin, or kindred, or kinsmen.

862.Next of kin is the person (or persons) most nearly related to a man.

863.When your brother, or sister, has the same father and mother as you, your brother or sister is said to be of the whole blood, and is called your brother german, or sister
german.

864.When your brother or sister is of the same father or mother, but not of both, he (or she) is said to be of the half-blood, and is called your half-brother or half-sister.

865.It is very important for an Interpreter to have a good knowledge of the names of the different kinds of relatives.

866.The father and mother of your father and mother are your grandfather and grandmother.

867.The father and mother of your grandfather or grand- mother are your great-grandfather and great-grand- mother.

868.The son or daughter of your son or daughter is your grandson or granddaughter.

869.The son or daughter of your grandson or granddaughter is your great-grandson or great-granddaughter.

870.Your father's or mother's brother is your uncle. If we wish to distinguish them, we call your father's brother your paternal uncle. Paternal means belonging to a father. We call your mother's brother your maternal uncle. Maternal means belonging to a mother. Your grandfather's or grandmother's brother is called your grand-uncle,

871.Your father's or mother's sister is your aunt. An aunt is either a paternal aunt, or a maternal aunt just as in the case of an uncle. Your grandfather's or grandmother's sister is your grand-aunt.

872.The children of your uncle or aunt are your cousins. If they are men they are male cousins; if they are women, they are female cousins. Cousins are also called cousins
german or first cousins. The children of your cousins are your second cousins.

873. The male children of your brother or sister are your nephews. The female children are your nieces.

874.The children of people who are properly married are lawful, or legitimate, and are said to be born in wedlock.

875.The children of a man and woman who are not properly married to each other are called illegitimate or natural children, or bastards, and are said to be born out of wedlock.

876.The state, or position of a lawful, or legitimate child is called legitimacy.

877.The position of an illegitimate child is called illegitimacy.

878.In some countries, a child that is born out of wedlock can afterwards be declared legitimate. When a child is declared legitimate, it is said to be legitimated, and the
father is said to legitimate it. The act or process of making a child legitimate is called legitimation.

879.The position of a father, or fatherhood, is called paternity. The mother of an illegitimate child who is able to prove which man is the father, is said to fix the paternity of the child, or to affiliate it. Her action in doing this is called affiliation.

880.When there is a dispute whether a husband is the father of his wife's child, the Court will consider whether he had access to his wife, that is whether he had a chance of
being with her. If he had no chance, we say that there was non-access.

881.A child that is born after its father is dead is called a posthumous child.

882.Puberty, is the age at which a young person is able to marry. An older person, who has charge of a child under puberty, and its property, is called its tutor.

883.A person under twenty-one years of age is called by the Law an infant.

884.Between the ages of puberty and twenty-one years, a child is called a minor. The time during which a person is a minor is called his minority or nonage. When he is twenty-one years old, he is said to come of age, or to reach his majority. The person who has charge of a minor is called a curator.

885.All people, whether tutors or curators, who have the care of infants, that is, of young persons under twenty- one, are called guardians, and are said to have the guardianship, or custody, of the young persons. A young person who has a guardian is called a ward.

 

CHAPTER XIV

 

MARRIAGE

886.Marriage, is the union of a man and a woman according to Law or Custom.

887.The husband or the wife is called the spouse of the other.

888 A man who has more than one wife is called a polygamist, and is said to be polygamous. The practice of having more than one wife is called polygamy.

889 A man who has one wife only is monogamous, or a monogamist; and his custom is called monogamy.

890 Money or goods which a husband gives in exchange for his wife, or which a wife brings with her to her husband, is called dowry.

891The personal ornaments of a married woman are her paraphernalia.

892 A marriage is followed by connection, or cousummation. The marriage is then said to be consummated.

893.A married woman is called in English Law, a feme covert, and is said to be in a state of coverture. Coverture means cover; authority; protection.

894 Anything that takes place before marriage is called antenuptial. If it takes place after marriage it is postnuptial.

895 A promise to marry is also called a promise of marriage. If the promise is broken, there is then a breach of promise of marriage, for which a person may be sued.

896.Matters relating to marriage are called matrimonial. Cases about a marriage are called matrimonial causes.

897.When a Court puts an end to a marriage, it is said to dissolve the marriage. The dissolving of a marriage is called a dissolution of marriage. Another name for it is
a divorce; if we use this word, we say that the one person divorces the other.

898.A husband may divorce his wife for adultery, that is, for having connection with another man. A man who commits adultery with a married woman is called her paramour. If the husband summonses the wife, along with the other man, the other man is called the co- respondent.

899 If a husband allows his wife to commit adultery, he is said to connive at her adultery, and his consent is called connivance.

900 If he pardons his wife's adultery and takes her back he is said to condone the adultery, and his act is called condonation.

901 If, after marriage, it is found that one of the parties is unable to perform the duties of married life, a Court may pronounce a decree of nullity of marriage. This means that the Court says that there is no marriage at all; nullity means nothingness.

902 Instead of bringing the marriage to an end, the Court may, in some cases, separate the parties from living together. This is called a judicial separation. Desertion, that is, absence without cause, is one of the grounds of separation.

903 When a person falsely pretends to be married to another, this pretence is called jactitation, and the person may be sued.

904 The rights which a husband or wife have in each other are called conjugal rights.

905 If one lives away from the other without proper cause, the one who is left may ask the Court to restore, or give back, his or her rights. The party is then said to sue for
restitution of conjugal rights.

906 When a husband is ordered by a Court to pay money regularly to keep his wife, this money is called alimony.

 

CHAPTER XV

 

SUCCESSION

 

907.People who get property after a person's death are said to succeed to the property, and are called sometimes successors. The person who had the property before is called the ancestor, or predecessor. The right to succeed is called succession.

908 When a person wishes to arrange what is to be done with his property after his death, he writes down what he wishes done. This document is called a will or testament, and anything connected with it is called testamentary.

909 If he wishes to change his will or add something to it, he makes a fresh writing called a codicil.

909  A man who dies, and leaves a will is called a testator. If it is a woman, she is called a testatrix. A man or woman who dies, leaving a will, is said to die testate. A man or woman who dies, and leaves no will, is said to die intestate.

911 When a person is not strong-minded, and people take advantage of that, and persuade him to put things in his will that are good for them, they are said to use undue
influence.

912 When a person leaves property in his will, he is said to devise or bequeath the property. A gift made in a will is called a Iagacy, and the person who gets it is called a
legatee.

913 The person who, by Law or Custom, has the right to a man's property after his death is called his heir. If the man who dies leaves no will, the person who succeeds
to his land as a matter of course is called the heir-at-Iaw. While the owner is still alive the man who is bound to succeed to land after the owner's death, is called the heir apparent. The man who is the next person to succeed to land, but may lose the property if some nearer heir is born, is called the heir presumptive.

 

 

 

914 The property which the heir gets, or inherits, is called an inheritance.

915 When it is the custom that the eldest son has the right to succeed to land, this is called the right of primogeniture (or first birth).

916 Articles like ornaments, which by custom go to the heir, are called heirlooms.

917 An executor is a person appointed by a man in his will or codicil, to carry out the directions in the will, with reference to the money and property belonging to the
deceased. The duties of an executor are to bury the testator; to collect the property; andto pay debts and legacies. If it is a woman, she is called an executrix.

918  When a man dies, leaving no will, the Court will appoint someone to administer his estate, that is, to collect his property, and hand it to the proper person or persons.
This person is called an administrator, and his work is called an administration.

An executor must take the will of the deceased to the Court, and prove it, that is, he swears that it is the true will and that he is the person named as executor, and
brings other witnesses to support him if the Court is not satisfied with his evidence alone. The will is then copied in the Court, and a certificate, called probate, is given to the executor.

CHAPTER XVI

LAND

919. There are many cases in the Courts, dealing with land or houses. This chapter contains a list of words which are commonly used in land cases.

920  Abut.    

 Adjion                              (on) } to be next to , or alongside.

921  Access, a right or power to reach a place.

922 Alienate, to transfer property to another person.
923 Alienation, a transfer of property to another person.
924 Allocate, to allot.

925 Allocation, the work of alloting; or the result of that work.

926 Allot, to give as a share.
927 Allotment, a share of land. Common, land which the public, or a number of persons, have a right to use.

928 Convey, to pass land from one person to another.

929 Conveyance. (1) The passing of land from one person to another; (2) a paper transferring land. (See paragraph 746.)

930 DilaPidation.

       Dis-repair                                bad condition,

931Dilapidated, in bad condition.

932 Easement, a duty which a landowner sometimes has towards his neighbour; for instance, to allow the neighbour to pass through his land.

933 Eject, to drive out.

934 Ejection                                     I driving out.

       Ejectment  


935 Enclose, or inclose, to put a wall or fence round.
936 Enclosure, or inclosure, ground which has a wall or fence round it .

937 Encroach, or incroach, to take in part of the land next
to yours unlawfully.

938 Encroachment, or incroachment, the taking of adjoining land unlawfully.

939 Encumbrance, or incumbrance, a claim or burden on landed property, such as a mortgage.

940 Enter, to go on to land in order to take possession.

941Entry, going on to land in order to take possession. Free entry, egress and regress, the right to go on and off land at will.

942 Evict, to drive out of land or house.

943 Eviction, the act or process of driving out of la nd or house.

944 Expropriate, to take land by force of law, and give compensation.

945 Expropriation, the taking of land by force of law and giving of compensation ; for instance, the expropriation of land at Takoradi for the new town and harbour.

946 Farm. (1) A piece of land used for growing crops for example, corn or yams; (2) to use land for growing crops.

947 Farmer, one who uses land for growing crops.

948 Fee or estate in fee, land which belongs to a man, and goes to his heirs, if he dies intestate, without having disposed of it.

949 Fee-simple, land which belongs to a man absolutely so that he can do what he likes with it. To hold land in fee-simple, means to hold land which belongs to one
in this way.

950.Fixtures, things, such as a house, which are fixed to the land, and belong to the owner of the land.

951.Forcible detainer, holding lands which one has taken by force.

952.Forcible entry, taking possession of lands by force.

953.Foreshore, the shore of the sea, between low water and high water.

954.Freehold. According to English law, there are different ways of owning land. Land which was owned by free men was called freehold. Freehold, therefore, means land which is owned by a freeman, and goes to his heirs if he dies intestate, and without having disposed of it.

955.Freeholder, a man who owns land which is his property, and will go to his heirs, should he die intestate, and without having disposed of it.

956.Hereditament, land and other rights which are inherited- that is, which pass to a man's heir on his death.

957.Holding, a farm or piece of land held or owned by a person.

958.Landlord, one who lets or hires land, or a house or room, to another person.

959.Landlady, a woman who lets or hires land, or a house or room, to another.

960.Lease, a hiring of land or a house by the owner to another person. It also means the paper made between the owner and the other person.

961.Let, or lease, to hire land or houses.

962.Building lease, a hiring of land for many years, to a person who agrees to build houses on it.

963.Leasehold, land held under a lease.

964.Sub-lease, a letting or hiring of land by the tenant to another person.

965.Lessor, the landlord or person who gives the land on hire.

966 Lessee, the tenant or person who takes the land on hire.

967 Ledge, to live in a hired room in another person's house.

968 Lodger, one who lives in a hired room in another person's house.

969 Messuage, house and compound.

970 Mortgage, transferring land to another man as security for a loan of money. Also, the paper or deed which is made.

971 Mortgagor, a man who transfers land to another as security for a loan of money.

972 Mortgagee, a person who takes land as security for a loan.

973 Equitable mortgage, where a man, who borrows money does not transfer his land to another, but signs a paper, agreeing to pass it to the lender or hands the latter his title deeds.

974 Equity of redemption, the right which a mortgagor has to redeem or buy back his land, by paying the loan, and interest, and costs.

975 Foreclose, to take steps against a man who has given you land in security, to make him pay the loan or give up the land.

976 Foreclosure, the act or process of foreclosing.

977 Notice to quit, a notice or order by the landlord telling the tenant to quit or leave the land or house. Sometimes it is the tenant who gives his landlord notice that he (the tenant) intends to quit.

978 Occupancy ~ possession; use.

979 Occupant                one who lives In or uses a house or land

980 Occupier

981 Parcel, a part or portion of land.

982.Partition, (1) the act of dividing; (2) a wall inside a house.

983.party wall, a wall between two houses which are joined together.

984.Possession, the right to occupy, use, or enjoy land or any other thing. Sometimes, however, possession means the actual occupation, use, or enjoyment of land or some
other thing, without the right, in which case the possession is said to be wrongful.

985.Possessor, one who possesses.

986.Pre-emption, the right to buy land before another person; that is, to have the first choice.

987.Prescription, the principle of law by which a person can acquire a title to land by occupying the same without interruption for a long time, and without acknowledging
anyone else's right to it. Such a title to land is called a prescriptive title.

988.Real, belonging to land.

989.Real estate       

990.Real property           land.

991.Realty    

992.Recovery of land. return of land, getting back land.

993.Rent. money paid for the hire of land or a house or a room.

994.Forehand rent, rent which is payable in advance that is, the beginning of the time.

995.Arrears of rent. rent which has not been paid at the proper time, and is still owing.

996.Right of way, a right to pass over the land of another.

997.Riparian owner, a man who owns land on the bank of a river.

One bank of a river is called the right bank, and the other the left bank. If you could walk down the middle of  the river, towards its mouth, the left bank would be on your left hand and the right bank on your right hand. If you could walk up the middle of the river, towards its source, the right bank could be on your left hand, and the left bank on your right hand.

998.Squat, to sit down or settle on land without any right

999.Squatter, a person who settles on land without right.
1000. Tenant, one who hires land or a house or a room, from another; a lessee.

1001. Tenancy, the state or condition of being a tenant.
1002. Joint tenancy, where two or more people hold a piece of land which in case of death goes to the survivor.

1003. Tenancy in common, where two or more persons have shares in a piece of land; perhaps they each own a half, but they use it in common and do not divide it, or mark
it off. If one dies, his share goes to his family.

1004. Tenant at will, one who holds land at the will of the man who lets it on hire to him. If the owner wishes, he can at any time take back the land.

1005. Tenant for life, one who has the right to property for his own or another's life.

1006. Tenant for years, one who gets land for a certain number of years.

1007. Tenant from year to year, one who gets land for at least a year, and is entitled to continue in possession until given proper notice to quit.

1008. Tenure, the manner or fashion of holding land. In England all land was supposed to belong to the King, and people who held it used to do different kinds of work for the King in return for the land, that is, they held their land in different ways, or by different tenures.

1009. Term, time. The term of a lease is the length of time it lasts.

1010. Title, claim or right.

1011. Title-deeds, the papers which prove ownership of land.
1012. Trespass, an unlawful interference with another man's rights, especially by going on his lands without permission.

1013. To do this is to trespass, and who does this is a trespasser.
1014. Vacate, to leave empty.

 

CHAPTER XVII

SHIPPING

1015. We speak of steamers, sailing ships, lighters, surf-boats and other vessels generally, as shipping.

1016. There are certain legal words which relate specially to shipping. The following is a list of some of them:-

1017. Admiralty, the English Government Department which looks after the British Navy.

1018. Affreightment, or contract of affreightment, a contract made with the owner of a ship or surf-boat for hire of his ship or to carry goods.

1019. Average. When sailors, or surf-boatmen, have to throw goods out of their ship or surf-boat, in order to save it and the rest of the cargo, the owners of the ship or surf-
boat and all the traders whose goods are on board, share the loss, according to the value of their property saved. This sharing of the total loss is called average or general average contribution. When, however, the goods of one trade only are accidentally destroyed or demaged during the voyage, the other traders whose goods are on board do not share the loss. This is called particular average.

1020. Bottomry, pledging a ship and its cargo, as security for a loan of money.

1021. Broach, to open for the first time.

1022. Cargo, the load, or lading, of ship, lighter, surf-boat, or other vessel.

1023. Charter, to hire a ship, or other vessel for a voyage or for a certain time.

1024. Charterer, one who hires a ship, or other vessel for a voyage, or a certain time.

1025. Charter-party, an agreement in writing, for hire of a ship, or other vessel for a voyage, or for a certain time.

1026. Collision, one ship or other vessel striking another. They are said to collide.

1027. Demurrage. If one hires a ship, surf-boat or other vessel and agrees to put the goods on board within a certain time, and delay is called demurrage. If money is paid to
the owner for this delay, it is also called demurrage.

1028. Derelict, a ship, surf-boat or other vessel afloat and deserted by its owner.

1029. Flotsam, goods floating on the sea, which belong to the Government unless claimed by the true owners within a year and a day.

1030. Free on board or f.o.b. When a man sells goods to another which are to be carried to the buyer by ship, and agrees to put the goods on board the ship at his (the seller's) expense, we say that the goods are sold free on board or f.o.b., which means that the seller bears the expense of putting them on board the ship.

1031. Freight, money paid for carrying goods by ship or surf- boat or by railway. The goods themselves are also called freight or cargo.

1032. Freighter, one who loads, or hires and loads a ship or surf-boat.

1033. High Seas, the open sea ; the sea beyond three miles from the coast.

1034. High-water mark, the highest part of the shore to which the water reaches.

1035. Jetsam, things which are thrown from ships, surf-boats, or other vessels, and sink, and are afterwards thrown upon the shore by the sea. These also belong to the
Government unless claimed by the true owners within a year and a day.

1036. Jettison, throwing things overboard to lighten a ship, surf-boat or other vessel. If they sink they are called jettison or jetsam.

1037. Load-line, the highest point on the outside of the ship to
which you may load it in the water. It is shown by a
painted mark.

1038. Low-water mark, the part of the shore which the water

reaches when it is lowest.

1039. Navigate, to sail, paddle or manage a ship or other vessel.
1040. Navigation, the business of sailing vessels.

104l. Navigator, one who sails a vessel.

1042. Navigable, water which can be used by ships or other vessels; or water where vessels have the right to go.

1043. Quarantine, the time during which people, who come from a country where there is an infectious disease, have to wait before they are allowed to land. They are said to go into quarantine.

1044. Salvage, a reward given to those (called salvors) who save a ship or cargo.

1045. Tranship, to change passengers or goods from one ship or vessel to another.

1046. Transhipment, changing passengers or goods from one ship or vessel to another.

 

 

 

 

 

CHAPTER XVIII

COMMERCIAL AND GENERAL WORDS

1047. The following is a list of some words used in business and in general matters:-

1048. Agent, (see paragraph 460).

1049. Alien, foreign; born in another country.
1050. Appraise, to fix the value of property.

1051. Appraiser, a person appointed to fix the value of property.

1052. Apprentice, a boy, or young man, who agrees to work for a master for a certain time in order to learn the trade.

1053. Apprenticeship, service, or time of service as an apprentice.

1054. Arbitrate, to hear a dispute out of Court, between two persons, and decide between them.

1055. Arbitration, the hearing of a dispute out of Court.

1056. Arbitrator, one who hears and judges a dispute out of Court.

1057. Appropriate, means generally to take to one's self; but in law, it also means to set apart. For instance, to appropriate goods to a contract is to set apart the goods which are to be supplied under the contract.

1058. Appropriation, the act of setting apart money or goods in this way.

1059. Arrears, payments of money which have not been made at the proper time and are therefore overdue.

1060. Assign, to transfer property to another.

1061. Assignee, a person to whom property is transferred.
1062. Assignor, a person who passes property to another.
1063. Auction, a public sale of property to the highest bidder.

        Auctioneer; the person who sells at an auction.

1064. Bid, to offer a price at an auction; the price offered at an auction.

1065. Bidder, one who offers a price of an auction.

1066. Bankruptcy, the state of being bankrupt. If a Court decides that a man has not enough money to pay his debts it is said to declare him to be bankrupt, and he is
called a bankrupt, and is said to be. in state of bankruptcy.

Note.-In the Gold Coast there is no special law relating to bankruptcy as there is in England. Strictly speaking no one is considered a bankrupt here, even though he
cannot pay his debts.

1067. When the Court makes an order appointing someone to look after a bankrupt's property on behalf of his creditors this is called a receiving order, and the person appointed is called a receiver.

1068. When a company is unable to pay its debts the settling up of its affairs is called winding up or liquidation. The person who has charge of collecting the property, to settle the debts, is called a liquidator.

1069. A person who cannot pay his debts-whether he has come before a Court or not-is said to be insolvent, or to be in a state of insolvency.

1070. Commission has several meanings. It means a percentage or allowance paid to an agent for doing some business. It also means an authority or order; for instance, a
commission to take evidence is an order from a judge directing some person to examine a witness and write down his evidence.

1071. Commission agent, or commission merchant, a person who buys or sells goods for other people on commission, that is, the agent gets a small part of the price.

1072. Company, a partnership of several people who trade together and use the word company in their name, as for instance, Coker & Co.

1073. Joint stock company, a company having a lot of partners or members who each have separate shares.

1074. Limited liability company, or limited company, a kindof joint stock company. The liability of each member is limited, that is, if the company loses its money, and has
debts to pay, each member will not have to pay more than a fixed sum. Example:- Miller Brother, Limited.

1075. Condition, a part of an agreement. When a man says that he will do something, provided that another man will do something else, that other thing is called a condition. Condition precedent, an agreement that some- thing must first be done before the bargain is complete. Condition subsequent, an agreement that if a certain thing is not done afterwards, then the bargain is at an end. Conditional, that which depends on a condition.

1076. Contraband, goods or merchandise which are forbidden by law to be brought into, or sent out of, a country.

1077. Director, one appointed to manage or superintend (the affairs of a limited company).

1078. Domicile, or domicil, the place or country where a man has his home, to which he intends to return.

1079. Double entry, book-keeping which shows every trans- action entered twice, that is to the credit of the one party, and the debit of the other.

1080. Due, owed; that which ought to be paid.
1081. Duress, force; compulsion.

1082. Duty, a tax; for instance, Customs duty.
1083. Dutiable, liable to pay duty.

1084. Earmark, meant originally a mark on the ear of an animal made to distinguish it. When goods or money are set apart, so as not to be mixed with others, they are
said to be earmarked.

1085. Earnest, a small sum of money, or dash, sometimes paid by a buyer to a seller, or by a master to a servant, to show that the bargain is completed.

1086. Export, to send goods out of a country for trade.

1087. Explicit         specially stated in words, not left to be understood.

            Express         

1088. Factor, an agent in trade.

1089. Fiduciary, involving confidence or trust; for instance, a servant is in a fiduciary position to his master.

1090. Firm, a partnership in trade.

1091. Fund, a supply of money.

1092. Gratuitous, free; without payment.

1093. Identify, to examine and recognise a thing (or person).
1094. Identification, examining and recognising.

1095. Identity, sameness, for instance, that a dead body is the same as that of some person who is known.

1096. Implied, not specially stated, but understood from something else.

1097. Import, to bring goods into the country for trade.
1098. Inducement, motive; consideration.

1099. Insure or assure, to pay money to another on condition that, if you meet with some loss, he will pay your loss; if you have no loss, he keeps the money.

1100. Insurance or assurance, an arrangement to insure.

1101. Insurer or assurer, one who receives payment from another and agrees to pay the amount of a loss sustained.

1102. Insured or assured, the one who pays the money and gets the benefit if there is a loss.

1103. Policy or insurance policy, a paper containing an agreement to insure.

1104. Premium, the name given to a payment made to an insurer, that is, to a person who agrees to bear the loss which you may sustain.

1105. Interest, money paid or allowed for the loan or use of some other money.

1106. Simple interest, or ordinary interest is that which is calculated on the exact sum lent and nothing more.

107. Compound interest, is that which is calculated on the exact sum lent plus all arrears of interest up to date.

1108. Joint, in common, belonging to more persons than one.
1109. Latent, hidden; secret.

1110. Limitation of actions, the rules forbidding cases to be brought about some matters after a certain time. The English laws about this are called the Statutes of Limitation.

1111. Market overt, open market.

1112. Money lender, a person whose occupation is to lend money on interest.

1113. Nationality, country.

1114. Negotiate (1) to bargain; (2) to sell or pass (a bill of exchange). (See paragraph 779.)

1115. Occupation (1) trade, work; (2) actual possession use or enjoyment of land or houses.

1116. Occupier, (see paragraph 980).
1117. Oral, by word of mouth.

1118. Partner, one who trades along with another.

1119. Partnership, an agreement between two or more people for trading together as partners.

1120. Payable. Money, for which the time of payment has come, is said to be payable.

1121. Payee, a person to whom money is paid or payable.
1122. Principal, a sum of money, without interest. It also means an employer (see paragraph 459).

1123. Proxy, a person appointed by another to represent him; the writing by which the appointment is made.

1124. Pursuant, following upon; in accordance with.
1125. Recover, to get back; to obtain judgment for.

1126. Recovery, getting back; obtaining judgment for a thing.
1127. Residence, the place where one lives or resides.

1128. Restitution, a restoring, for instance, of stolen goods, to their lawful owner.

 

1129. Royalty, a duty or share of profits, paid to the owner of property for use of it; for instance money paid to chiefs by people who cut timber on the chiefs' lands.

1130. Satisfaction, settlement.

1131. Several, distinct, separate. It is the opposite of joint. Severally, separately.

II32. Terms (1) conditions; (2) words.

1133. Trust, property held for the use of another.

1134. Trustee, the person who receives the property to hold in trust.

II35. Cestui que trust, or beneficiary, the person for whose use the property is held.

II36. Verbal, in words.

1137. Vexatious, troublesome; without proper cause; done simply to annoy.

1138. Waste, any destruction, or injury done to land or buildings, by a person in occupation for a time only, which spoils the propery for the heir or successor.

 

CHAPTER XIX

TIME

1139. An Interpreter must always try to get a native to tell what happened in the proper order of time. A witness should begin with what he saw or heard first. Then he should tell in its proper order what he heard or saw afterwards. If the witness mixes things up, a lot of time will be wasted before the Court finds out how the matter really happened. This is very important.

1140. When a witness says, sometime or sometime ago, ask him, Which time. Try to find out when the event happened. Try to get the time as exactly as you can.

1141. If the witness cannot say the time for certain, the Interpreter must tell the Court that the witness is uncertain about the time. If the witness says that it happened about
a certain time, the Interpreter must tell the Court this.

1142. It is not good to say a long time, or a short time, because some men call a time long which other men call short, and some men call a time short which other men call
long. If the witness is uncertain, ask him whether it is more than an hour, or a day, or a week, or a month, or six months, or a year, till you find out what he means.

1143. When natives do not know English time, if the Court wishes to know which month the witness means, the Interpreter should ask the witness which season of the year it was. For instance, Beginning of Rains; Dry; Harmattan; Tornadoes; Making of Farms; New Yams; Ramadan (in the case of Mohammedans).

1144. When the question is how long a servant has worked for his master, if the witness does not know the English months, the Interpreter can ask him. How many days,
or, How many weeks?

1145. If the witness does not know the hour of the clock, the Interpreter can ask the witness what was the position of the sun, or, what meal he had just had, or some question like that about something which happens every day. If the witness is a Mohammedan, he will be able to say between which times of prayer the event happened. The Mohammedan times of prayer are (1) in the morning before sunrise; (2) when noon is passed and the sun begins to decline; (3) in the afternoon before sunset;
(4) in the evening after sunset, and before day is shut in; (5) after the day is shut in, and before the first watch of the night.

1146. When witnesses who do not know clock time have to speak of some space or length of time, or are asked for how many minutes, or for how many hours, they did
a certain thing, they may be asked where the sun was when they began, and where it was when they finished. If it is a question of a few minutes only, they may be asked
to which place they could walk in the time.

1147. If the Interpreter is interpreting the words of a witness who does not know clock time, but who speaks of where the sun was, the Interpreter should tell the Courts
exactly what the witness has said. The Interpreter may then add that, by the clock, that time would be three o'clock or four o'clock, or whatever it is.

1148. When the Interpreter mentions an hour of the clock, he should add whether he means day or night, morning or evening. This will prevent confusion.

1149. In dealing with natives who do not know English time, it is important to notice the difference between a European year and some native years. If a witness says year, but means a native year of less than twelve months, the Interpreter must tell the Court.

1150. In the case of months and weeks, the Interpreter must be careful that he does not mix native months or weeks with English months and weeks. By month a native means the time taken by the moon to complete its orbit, which is always twenty-eight days, and many natives reckon eight days to the week instead of seven. The Interpreter should always tell the Court exactly what a witness means, if he uses either of these two words in a different sense to the English one.

1151. The Interpreter must be careful about phrases like three days ago, three days afterwards. When natives say three days ago, they mean that to-day makes the third day, that is, they count to-day as one of the three days. When they say three days afterwards, they count to-day and mean that two days after that make three days
altogether. If there is doubt, it is good to say three days ago including to-day, when we mean to count to-day as one of the three days; and three days ago excluding
to-day, when we mean not to count to-day.

1152. In the same way, when speaking of three days afterwards, we can say three days afterwards including to-day, when we mean to count to-day; and three days afterwards
excluding to-day, when we mean not to count to-day.

1153. The following are a few words which the Interpreter should note:-

1154. a.m., before noon.
1155. p.m., after noon.

1156. Calender month, a month by the calendar, not by the moon. For instance, from 1st May to 1st June, or from 15th May to 15th June.

1157. Extension of time, allowing a person more time.
1158. Previous, that which is before.

1159. Previously, at some time before.

1160. Prior, earlier.

1161. Priority, the state of being earlier in point of time of preceding something else.

1162. Provisional, made or lasting for a time.
1163. Subsequent, that which follows after.
1164. Subsequently, at some time afterwards.

 

COLOURS

CHAPTER XX

1165. The Interpreter must be careful in interpreting colours. Many native languages have the same word for different colours. If a native has not a proper word for
some colour the Interpreter can ask him what thing it is like; the Interpreter will then be able to know what the colour is in English.

The following list may be of assistance:-
116 6 Black, colour of soot; coal; ink.

1167 Blue, colour of clear sky (light blue:) uniform of the General Police (dark blue).

1168 Brown, colour of mud houses; coconut fibre; wood.

1169 Green, colour of grass; trees.

1170 Gray or grey, colour of ashes; hair whitened by age; smoke.

1171 Red, colour of blood.

1172 White, colour of teeth; paper; moon.
1173 Yellow, colour of yolk of egg; brass.

 

CHAPTER XXI

LATIN WORDS

 

1174. The Interpreter will sometimes meet with words in documents, and laws, and in Court, which are not English, but come from an old European language called Latin. A few of these words or phrases are so common that it is well that the Interpreter should
not be ignorant of them.

The following is a short list:-

 

1175. Ad valorem, according to the value. It is used, for instance, in Customs matters, where customs duty is charged according to the value of the goods. The duty
is then said to be ad valorem.

1176. Bona fide, in good faith.

1177. Contra bonos mores, against good morals, or manners.
1178. De novo, anew; afresh.

1179. Dies non, a day on which a Court is not held.
1180. Et cetera, or etc., and the rest; and so on.

1181. Exempli gratia, or e.g., for the sake of example.

1182. Ex officio, because of, or, by virtue of, his office or post.
1183. Ex parte, on one side only.

1184. Id est, or i.e., that is.

1185. In loco patris, in the place of a father.

 

1186. In statu quo, in the former state; "as you were".
1187. Inter alia, among other things.

1188. Ipso facto, by the very act itself; as a consequence.

 

1189. Onus probandi, the burden of proof; the duty which lies on a man to prove his case.

1190. Per annum, by the year.

1191. Per centum, by the hundred.

1192. Per diem, by the day.

1193. Prima facie (see paragraph 198).
1194. Pro rata, in proportion.

1195. Qua, in the character of; in virtue of being.

1196. Res gestae, things done. All the events in a transaction, when spoken of together, are called the res gestae.

 

1197. Res judicata, means the case has been judged. It is a defence by a person who says that he was summoned before for the same thing.

1198. Sine die, without a day appointed.

1199. Sine qua non, an indispensable condition.
1200. Sub judice, under consideration (by a Court).

1201. Ultra vires, beyond his (or, their) powers or authority.
1202. Veritas, truth.

1203. Vice versa, the terms, or words, being exchanged.

1204. Viva voce, by the living voice, that is, not in writing.

 

CHAPTER XXII

DIRECT AND INDIRECT SPEECH

1205 Sometimes a witness is called to repeat words which were spoken, either by himself or by some other person: and sometimes the Court allows him to do this. For
instance, in a criminal case a witness may be called to prove what the accused said.

1206 There are two ways of repeating the words:-

(1) in direct speech, or, as we sometimes say, in the first person; and

{I) in indirect speech, or, as it is sometimes called, in the third person.

The easiest way to explain the meaning of this is to give examples

1207 . Direct Speach.-I said to the accused, "Why do you point your gun at me

He replied, "If you do not give me your money, I will shoot you."

Indirect Speech.-l asked the accused why he pointed his gun at me. He replied that if I did not give him my money he would shoot me.

1208 Direct Speech.-I heard the defendant say to the plaintiff, "I want to buy cocoa. When "can you deliver it?" The plaintiff replied, "I have plenty of cocoa, and can deliver it at once."

Indirect Speech.-I heard the defendant say to the plaintiff that he wanted to buy cocoa. He asked the plaintiff when he could deliver it. The plaintiff replied that he had plenty of cocoa, and could deliver it at once.

Direct Speech.-Kojo said to Kwesi, "Who are you 1" Kwesi said, "My name is Kwesi, and I am a farmer." Kojo asked him, "Where do you come from ?" Kwesi "replied ."1 come from Mampong." Kojo then said, Come IDtO my house and rest:" and Kwesi replied, "Thank you, I will come."         ,

Indirect Speech.-Kojo asked Kwesi who he was. Kwesi said that his name was Kwesi, and he was a farmer. Kojo asked Kwesi where he came from. Kwesi replied that he came from Mampong. Kojo then said that Kwesi should come into his house and rest; and K wesi replied that he thanked him and would come.

1210. Direct Speech.-He said "I have come to set you free. If there is anyone who is a slave, 1 will make him a free man. Is anyone a prisoner? I will release him."

 

Indirect Speecb.-He said that he had come to set them free. If there was anyone who was a slave, he would make him a free man. Was anyone a prisoner? He would release him.

1211. As a general rule all spoken words should be repeated and interpreted in direct speech, because this is the best way of telling the Court what was really said.

1212. If a witness is not quite sure of the exact words, he can say something like this, "As far as I can remember," or "to the best of my recollection this is what was
said," and then he can repeat the words, as far as he remembers them.

 

 

 

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