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Group Title: West Indies gazette
Title: The West Indies gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076857/00007
 Material Information
Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
Publisher: Govt. Print. Off.
Place of Publication: Port of Spain Trinidad
Publication Date: January 31, 1958
 Subjects
Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
Spatial Coverage: Trinidad and Tobago -- Trinidad
 Notes
Dates or Sequential Designation: v.1- Jan. 3, 1958-
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
 Record Information
Bibliographic ID: UF00076857
Volume ID: VID00007
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - ABV7930
oclc - 01646171
alephbibnum - 000328383

Table of Contents
    Main
        Page 1
        Page 2
    Legal Supplement
        A-1
    Legal Supplement: pt.1 Acts of the Federal Legislature (Regulations no. 1 of 1958) : Interpretation Regulations, 1958
        A-2
        A-3
        A-4
        A-5
        A-6
        A-7
        A-8
        A-9
        A-10
        A-11
        A-12
        A-13
        A-14
        A-15
        A-16
        A-17
        A-18
        A-19
        A-20
        A-21
        A-22
        A-23
        A-24
        A-25
        A-26
        A-27
        A-28
    Legal Supplement: pt.1 Acts of the Federal Legislature (Regulations no. 2 of 1958): West Indian Publication Regulations, 1958
        A-29
        A-30
        A-31
    Legal Supplement: pt.1 Acts of the Federal Legislature (Regulations no. 3 of 1958) : Federal Supreme Court Regulations, 1958
        A-32
        A-33
        A-34
        A-35
        A-36
        A-37
        A-38
        A-39
        A-40
        A-41
        A-42
        A-43
        A-44
        A-45
        A-46
        A-47
        A-48
        A-49
        A-50
        A-51
        A-52
        A-53
        A-54
        A-55
        A-56
        A-57
        A-58
        A-59
        A-60
        A-61
        A-62
        A-63
        A-64
        A-65
        A-66
        A-67
    Legal Supplement: pt.1 Acts of the Federal Legislature (Regulations no. 4 of 1958) : Appropriation Regulations, 1958
        A-68
        A-69
        A-70
        A-71
        A-72
    Legal Supplement
        B-5
    Legal Supplement: pt. 2 Statutory Instruments (no. 3 of 1958): Proclamation bringing the Federal Supreme Court Regulations 1958, into operation
        B-6
    Legal Supplement: pt. 2 Statutory Instruments (no. 4 of 1958): Proclamation bringing article 88 of the Constitution into force
        B-7
        B-8
Full Text



















The West Indies Gazette


FRIDAY, 31sT JANUARY, 1958


No. 7


TABLE OF CONTENTS

GAZETTE NOTICE

No. SUBJECT MATTER
11 Governor-General's Tour ...


LEGAL SUPPLEMENT

PART 1-ACTS OF THE FEDERAL LEGISLATURE
(INCLUDING REGULATIONS MADE UNDER SECTION 2 OF THE WEST INDIES (FEDERATION) ORDER IN COUNCIL,
1957)


No.

1 of 1958 The Interpretation Regulations, 1958

2 of 1958 The West Indian Publication
Regulations, 1958 ...


PAGE No.

2 3 of 1958 The Federal Supreme Court
Regulations, 1958 ...

29 4 of 1958 The Appropriation Regulations, 1958


LEGAL SUPPLEMENT


PART 2-
No.

3 of 1958 Proclamation bringing the Federal
Supreme Court Regulations 1958,
into operation ...


-STATUTORY INSTRUMENTS
PAGE NO.

4 of 1958 Pro

6


PAGE


clamation bringing article 88 of
the Constitution into force ...


THE WEST INDIES

GOVERNOR-GENERAL'S TOUR
AFTER returning to Trinidad on 14th February, His Excellency the Governor-General will complete his first tour
of The West Indies by visiting Jamaica from 24th February to 1st March. His Excellency will travel on board
H.M.S. Troubridge leaving Port-of-Spain, Trinidad, on 21st February and returning on 4th March.


GOVERNMENT PRINTING OFFICE, TRINIDAD, B.W.I.-1958


VOL. 1


PAGE


32

68





























THE WEST INDIES


Vol. 1 FRIDAY 31st JANUARY, 1958. No. 7


LEGAL SUPPLEMENT


PART I-ACTS OF THE FEDERAL LEGISLATURE

(including regulations made under section 2 of the West Indies
(Federation) Order in Council, 1957).


TABLE OF CONTENTS

No: Page

1 of 1958 The Interpretation Regulations, 1958 2

2 of 1958 The West Indian Publication Regulations, 1958 29

3 of 1958 The Federal Supreme Court Regulations,, 1958 32

4 of 1958 The Appropriation Regulations, 1958 68







3 7 77
-<5 3a y
^^ _~~is









2 The Interpretation Regulations, 1958


THE WEST INDIES


REGULATIONS No. 1 of 1958.


THE INTERPRETATION REGULATIONS, 1958.

Made by the Governor-General under section 2 of the
West Indies (Federation) Order in Council, 1957.


ARRANGEMENT OF REGULATIONS

SHORT TITLE AND APPLICATION
Regulation
1. Short title.
2. Application.
3. Crown not bound by Act unless expressly provided.
4. Application to Turks and Caicos and Cayman Islands.

COMMENCEMENT OF ACTS
5. Commencement of Acts-general.
6. Commencement of Acts assented to by the Governor-General-Com-
mencement of Acts reserved.
7. Exercise of statutory powers between passing and commencement
of Act.

NUMBERING, PUBLICATION AND CITATION
8. Numbering of Acts.
9. Publication of Acts and proclamations.
10. Citation of laws.








The Interpretation Regulations, 1958


REPEAL AND EXPIRATION OF ACTS
11. Repeal of a repealing Act.
12. Effect of repeal-general.
13. Repealed provisions in force until substituted provisions operate.
14. References to repealed and re-enacted provisions.
15. References to amended Acts.
16. Civil or criminal proceedings not affected by expiry of Act.
17. Effect of repealing Act on statutory instruments.

GENERAL RULES OF CONSTRUCTION
18. Every section a substantive enactment.
19. Headings, schedules, marginal notes and footnotes.
20. Amending to be construed with amended Act.
21. Acts to be construed subject to Constitution.
22. Acts may be altered, etc., in same session.
23. Imperial laws to be read with necessary modifications-Reference
in Act to repealed and re-enacted provision of Imperial Act.

WORDS AND REFERENCES IN ACTS
24. References to the Sovereign.
25. Definitions-


(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
(xxiii)
(xxiv)
(xxv)
(xxvi)


Act
act
chamber of the Legislature
Christian name
committed for trial
common law
Commonwealth
Constitution
consular officer
Council of State
court of summary jurisdiction
Crown Agents
enactment
estate
Executive Council
federal court
Federal Legislature
Federation
financial year
the Gazette
Government Printer
Governor-General
indictment
justice of the peace
land
local authority









The Interpretation Regulations, 1958


(xxvii) Minister
(xxviii) the Minister
(xxix) month
(xxx) oath-affidavit
(xxxi) person-party
(xxxii) prescribed
(xxxiii) proclamation
(xxxiv) public authority
(xxxv) public holiday
(xxxvi) public seal
(xxxvii) Secretary of State
(xxxviii) sell
(xxxix) session
(xl) sitting
(xli) sign
(xlii) statutory declaration
(xl;ii, statutory instrument
(xliv) subsidiary legislation
(xlv) summary conviction
(xlvi) Supreme Court
(xlvii) Territory
(xlviii) the United Kingdom
(xlix) will

26. Rules as to gender and number.
27. References to "writing" and "words."
28. Meaning of service by post.
29. Reference to Minister.
30. Administration of Acts.
31. References to abolished ministries and departments.
32. References in agreements to a department, Minister, officer or body.
33. Reference to officer by designation of office or position.
34. References to officers, localities, etc., mean of the Federation.
35. Rules of court.

DISTANCE AND TIME
36. Measurement of distance.
37. References to Territorial waters.
38. Reckoning of time.
39. Provision where no time prescribed.
40. Standard legal time.

POWERS CONFERRED AND DUTIES IMPOSED BY ACTS
41. Exercise of powers and duties.
42. Power to make includes power to rescind, etc.-Special powers
not to derogate from general powers.
43. Power to appoint includes power to remove.


4








The Interpretation Regulations, 1958 5

44. Statutory boards--Power to appoiin alternate members-Power to
appoint chairman--Powers of board not affected by vacancy.
45. Power to appoint by name or by office.
46. Necessary incidental powers-Special powers.
47. Power to determine includes power to administer oath.
48. Delegation of powers.
49. Exercise of certain powers and functions by a delegate.
50. Power of majority.

OFFENCES .1XI) 'EX.ALTIES
51. Prescribed penalties to be maximum penalties.
52. Punishment at foot of sections or subsections.
53. Offences against subsidiary legislation punishable summarily.
54. Corporations liable to and may sue for )pealties.
55. Subsidiary legislation may create offences.
56. Attempts punishable as if offence committed.
57. Imprisonment.
58. Offences under two or more laws.
59. Imposition of penalty not a bar to civil action.
60. Disposal of forfeits
(i. Pecuniary penalties payable into public funds.

STATUTORY INSTRUMENTS AND RESOLUTIONS
62. Enabling power to make statutory instruments.
63. Construction of statutory instruments.
64. Notification of statutory instruments.
65. Publication of statutory instruments.
66. Forms.
67. Construction of resolutions.

MISC ELL. IAX NiO
68. Signification of statutory instruments by Governor-General, etc.
69. Notification in Gazette.
70. Notification of change in title of office.





His Excellency the (1overnor-General in exercise of the
powers conferred on him under section 2 of the West Indies
(Federation) Order in Council, 1957, and of all other powers
him thereunto enabling, hereby makes the following regula-
tions :-







6 The Interpretation Regulations, 1958

SHORT TITLE IN/ IIPI'LIC.ATION
Short title. 1. These regulations may be cited as the Interpretation
Regulations, 1958.
Application. 2. (1) As from the date of commencement of these
Regulations the provisions of these Regulations shall apply
in the interpretation and operation of every Act as defined in
these Regulations (including these Regulations) now or
hereafter in force in the Federation, except in so far as-
(a) there is in that other Act any express pro-
vision to the contrary; or
(b) any such provisions would give to any word,
expression or provision of any such Act an
interpretation inconsistent with the context;
or
(c) the contrary intention otherwise appears.
(2) Nothing in these Regulations shall exclude the
application to any Act of any rule of construction applicable
thereto and not inconsistent with these Regulations.
Lrown not 3. (1) No Act shall in any manner whatsoever affect the
bound by rights of the Crown, unless it is therein expressly provided
Act unless
expressly or unless it appears by necessary implication that the Crown
provided, is bound thereby.
(2) These Regulations shall bind the Crown.
Application 4. These Regulations shall apply to the Turks and
toaiurks & aicos Islands and the Cayman Islands.
Cayman
Islands. COMMENCEMENT OF ACTS
Commence- 5. (1) In every Act the word "commencement", when
Acts-f used with reference to an Act, shall mean the.time at which
general. the Act comes into operation.
(2) Where an Act is expressed to come into operation
on a particular day, it shall come into operation immediately
on the expiration of the last preceding day.
Commence- 6. (1) Every Act to which the Royal Assent has been
At assent- given by the Governor-General for and on behalf of the Queen
ed to by the shall be deemed to have come into operation on the day on
Governor- which that Act received the Royal Assent.
General.
Commence- (2) Every Act reserved for the signification of the
Ant of Queen's pleasure thereon shall come into operation on the
reserved, day on which Her Majesty's Assent is proclaimed in the
Gazette by the Governor-General.








The Interpretation Regulations, 1958


7. TWhen all Act is inot to conei into operation inmie- KExrcise of
diatcly oin the passing thereof, and confers power\ to inmkc, power
give or issue any statutory instrtunlent, or to do any other between
thing for the purposes of the Act, that power may be exercised passing and
at any time after the passing of the Act for the purpose of ment of Act.
bringing the Act into operation.at the commencement thereof:
Provided that any statutory instrument made, given
or issued or any thing done under the power shall not, unless
the contrary intention appears in the Act or the contrary is
necessary for bringing the Act into operation, come into
operation until the Act comes into operation.
NUMBERING, PUBLICATION AND CITATION
8. The Acts passed in each secular year shall he Numbering
numbered in regular arithmetic series, beginning with the of Acts.
number one, in the order in which the Governor-General
assents thereto, or makes known the Queen's Assent thereto.
9. Every Act and every proclamation made in pursuance Publication
of any Act, Imperial Act or law of the legislature of any of Acts and
proclama-
Territory shall be published in or with the Gazette. tions.
10. (1) In any Act- Citation
(a) any Act may be cited by its short title, or by of laws.
reference to the secular year in which it was
passed and its number; and
(b) any Imperial Act may be cited by its short
title (if any) or by reference to the regnal
year in which it was passed and its chapter;
and
(c) any law of the legislature of a Territory may
be cited by a reference to the Territory by the
legislature whereof the law was passed,
together with such mode of reference as is
sufficient in laws passed by such legislature.
(2) In any Act, an enactment (including an Imperial
enactment) may be cited by reference to the part, section,
subsection, or other division of the law, in which the enact-
ment is contained.
(3) Every such reference shall be made according to
the copy of such Act or law purporting to be printed by the
Government Printer of the Federation by authority or by the
Government Printer or other authorised printer of a 4
Territory, or by the Queen's Printer or under the superin .,
tendence or authority of Her Majesty's Stationery Office in
London as the case may be.









8 The Interpretation Regulations, 1958

(4) In any Act a description or citation of a portion
of another enactment or Imperial Act shall be construed as
including the word, section or other part mentioned or
referred to as forming the beginning and as forming the end
of the portion comprised in the description or citation.

REIiPEAL AND EXPIRATION OF ACTS
Repeal of a 11. Where tle effect of an Act is the repeal of another
peatling enactment by which a previous enactment was repealed, it
shall not have the effect or reviving such last mentioned
enactment without express words.
Effect of 12. Where an Act repeals in whole or in part a former
recal-. enactment the repeal shall not-
(a) revive anything not in force or existing at
the time at which the repeal takes effect;
(1) affect the previous operation of any enact-
ment so repealed, or anything duly done or
suffered under any enactment so repealed; or
(c) affect any right, privilege, obligation or
liability acquired, accrued or incurred under
any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment
incurred in respect of any offence committed
against any enactment so repealed; or
(e) affect any investigation, legal proceeding or
remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or
punishment as aforesaid;
and any such investigation, legal proceeding or remedy may
be instituted, continued or enforced, and any such penalty,
forfeiture or punishment may be imposed, as if the repealing
Act had not been passed.
provision 13. Where an Act repeals ir whole or in part a former
in force enactment and substitutes provisions in lieu thereof, the
until substi-
tuted pro- repealed provisions shall remain in force until the substituted
opseate provisions come into operation.
-eTrences 14. Where an Act repeals and re-enacts with or without
to reivealet
d te4 modification any provisions of a former enactment, references
enacted in any other Act to the provisions so repealed shall be con-
provisions, rs o te p
S stmied as references to the provisions, so re-enacted.









The Interpretation Regulations, 1958 9

15. Where in any Act reference is made to any other References
to amended
enactment, and that other enactment is subsequently Acts.
amended, the reference shall, from the date of the amend-
ment, be deemed to be to that enactment as so amended.
16. The expiration of an Act shall not affect any civil or Civil or
criminal proceeding previously commenced under such Act, proceedings
but every such proceeding may be continued and everything not affected
by expiry of
in relation thereto be done in all respects as if the Act con- Act.
tinned in force.
17. Where an enactment is repealed by an Act and other iiTect of
provisions are substituted by the repealing Act for the pro-' At 'on
visions of the enactment so repealed, then any statutory statutory
1 instruments.
instrument made, given or issued under or in pursuance of
the enactment so repealed, and in force immediately prior
to such repeal, shall, remain in force, to the extent that it
is not inconsistent with the provisions of the repealing Act,
and until such time as the statutory instrument is revoked,
rescinded, cancelled, expires or otherwise ceases to have
effect.

GENERAL RULES OF CONSTRUCTION
Every
18. Every section of an Act shall have effect as a sub- section a
substantive
stantive enactment without introductory words, enactment.
19. (1) The headings of the parts, divisions and sub- Headings,
divisions into which any Act is divided shall be deemed to ahe'gial'
be part of the Act. notes and
footnotes.
(2) Every schedule, table or other annexure to an Act
shall be deemed to form part thereof.
(3) Neither the marginal notes nor the footnotes to
any Act shall be deemed to be part thereof.
20. Every Act amending another Act shall be construed to be con-
with such other Act and as part thereof. strued with
amended
21. Every Act shall be read and construed subject to the Act.
Constitution, and so as not to exceed the legislative com- onstrued
petence of the Federation, to the intent that where any subject to
Constitu-
enactment thereof would, but for this regulation, hnve -been tion.
construed as being in excess of that completenee, it shall
nevertheless be a valid enactment to the extent to which it
is not in excess of that competence.









10 The Interpretation Regulations, 1958

Actsmay be 22. An Act may be altered, amended or repealed in the
altered, etc.,
in same same session of the Federal Legislature in which it was
session. passed.
Imperial 23. (1) Any Imperial Act which is expressed to have
laws to be
read with effect, or whose provisions are otherwise applied, in respect
necessary of the Federation in relation to any matter within the legis-
modifica-
tions. lative competence of the Federation, and any statutory
instrument made, given or issued thereunder and expressed
to have such effect on application, shall be read with such
formal alterations as to names, localities, courts, officers,
persons, monies, punishments and otherwise as may be
necessary to make the Imperial Act or statutory instrument
as aforesaid applicable to the circumstances of the Federation.
Reference (2) Where in any Act reference is made to any pro-
in Act to
-epealed and vision of an Imperial Act and that provision is subsequently
re-enacted repealed and re-enacted without substantial modification, the
provision of
of Imperial reference in such Act to the provision of the Imperial Act
Act. so repealed shall be construed as a reference to the provision
so re-enacted.
IJWORi)S .4ND REFERENCES I.V ACTS
References 24. (1) In any Act references to the Sovereign reigning
to ,tsci at the time of the passing of such Act, or to the Crown, shall
soveeign. be construed as references to the Sovereign for the time
being.
(2) In any Act the expression "Her Majesty" or "the
Queen" includes Her Majesty the Queen, Her Heirs and
Successors.
Decinitions. 25. (1) In any Act-
(i) "Act" means an Act passed by the
Federal Legislature and includes any
regulations made by the Governor-
General under section two of the West
Indies (Federation) Order in Council,
1957.
(ii) "act" in relation to an offence or civil
wrong includes-
(i) a series of acts;
(ii) an omission or series of omiss-








The Interpretation Regulations, 195' 11


(iii) "chamber of the Legislature" means
the Senate or the House of Representa-
tives;
(iv) "Christian name" means any name pre-
fixed to a surname whether received at
Christian baptism or not;
(v) "committed for trial" used in relation
to any person means committed to
prison with a view of being tried before
a. judge and jury, or admitted to bail
upon a recognisance to appear and be
so tried;
(vi) "common law" means the common law
of England;
(vii) "Commonwlealth" means collectively
the United Kingdom, any part of Her
Majesty's dominions, India, Pakistan,
the Federation of Malaya, any territory
under Her Majesty's protection, any
territory administered by the Govern-
ment of any part of Her Majesty's
dominions under the trusteeship system
of the United Nations, South West
Africa and the New Hebridies;
(viii) "Constitution" means the Constitution
of The West Indies and includes any
amendments thereto;
(ix) "consular officer" includes consul-
general, consul, vice-consul, consular
agent and any person for the time
being authorised to discharge the duties
of consul-general, consul or vice-consul;
(x) "Council of State" means the Council
of State provided for in article 59 of
the Constitution;
(xi) "court of summary jurisdiction"
shall-
(a) in relation to a Territory other
than Antigua, Saint Christopher
Nevis and Anguilla, and
Montserrat, have the same


1/








7The Iii terprcIaitioni Re'gu'laltionIs, NQ58


meaning as is assigned to the
expression under the law in
operation in that Territory;
(I) in relation to any of the
Territories of Antigua, Saint
Christopher Nevis and Anguilla,
and Montserrat, have the same
meaning as is assigned to the
expression "inferior court of
summary jurisdiction" under the
law of the legislature of that
Territory;
(xii) "Crown Agents" means the persons
for the time being acting in the United
Kingdom as the Crown Agents for
Oversea Governments and Adminis-
trations, or any of them;
(xiii) "enactment" means-
(a) any Act, or any law of the
Legislature of a Territory and
includes any subsidiary legis-
lation made thereunder;
(b) any provision of any such Act,
law or subsidiary legislation;
(xiv) "estate" includes any estate or interest,
charge, right, title, claim, demand, lien
or inenlbrance at law or in equity;
(xv) "Executive Council" shall have the
meaning assigned to it in article 116 of
the Constitution;
(xvi) "federal court" means the Supreme
Court or any court established by the
Federal Legislature;
(xvii) "Federal Legislature" means the
Federal Legislature as provided for by
the Constitution;
(xviii) "Federation" means-
(a) the Federation of The West
Indies established by the West
Indies (Federation) Order in
Council 1957;








The Interpretation Regulations, 1958 13

(b) the areas included within the
external boundaries of the Terri-
tories;
and the word "federal" shall be con-
strued accordingly;
(xix) "financial year" means as respects any
matters relating to the revenues of the
Federation or monies provided by the
Federal Legislature or to federal taxes
or finance, the twelve months ending on
the 31st day of December;
(xx) "the Gazette" means the Federal
Gazette published by authority as the
official gazette of The West Indies and
includes any supplement to the Gazette
and any matter referred to in the
Gazette as being published with the
Gazette;
(xxi) "Government Printer" includes any
person purporting to be authorised to
print the Gazette or any federal enact-
ment;
(xxii) Governor General means the
Governor-General of the Federation
or any person for the time being per-
forming the functions of the Governor-
General under article 3 of the Consti-
tution or, to the extent to which he is
authorised to act, under article 4 of the
Constitution, as the case may be;
(xxiii) "indictment" includes information;
(xxiv) "justice of the peace" includes a justice
of the peace for a Territory or part of
a Territory;
(xxv) "land" includes messuages, tenements
and hereditaments, corporeal and in-
corporeal, of any tenure or description,
and whatever may be the estate or
interest therein, and shall also include
land covered by water;
(xxvi) "local authority" means a municipal
council, a municipal board, a town







14 The Interpretation Regulations, 1958

management board, a town council, a
village council, or a village management
board or other similar body constituted
by or under an enactment;
(xxvii) "Minister" means a Minister provided
for in Chapter II of the Constitution
and includes the Prime Minister;
(xxviii) "the Minister' shall mean the Minister
for the time being administering the
Act or enactment in which or in respect
of which the expression is used;
(xxix) "month" means calendar month;
(xxx) "oath" and "affidavit" in the case of
persons allowed by law to affirm,
declare or promise instead of swearing
include affirmation, declaration and
promise, and the word "swear" shall
in the like case include affirm, declare
and promise;
(xxxi) "person" and party" include-
(a) any company incorporated or
registered as such under any
law in operation in the
Federation;
(b) any body of persons corporate
or unincorporated; or
(c) any local or other like authority;
(xxxii) "prescribed" means prescribed by the
Act in which the word occurs, or by
statutory instrument made under the
Act;
(xxxiii) "proclamation" means proclamation by
the Governor-General;
(xxxiv) "public authority" means any person
required or authorised to discharge any
public function under any enactment
or under any Imperial Act which is.
expressed to have effect or whose pro-
visions are otherwise applied, in respect
of the Federation;
(xxxv) "public holiday" means in relation to
a Territory, a bank holiday or public








The Interpretation Regulations, 1958 15

holiday as defined by any law in force
in such Territory and any day set apart
or notified as a public holiday or bank
holiday by or under any such law;
(xxxvi) "public seal" means the public seal of
the Federation;
(xxxvii) "Secretary of State" means one of Her
Majesty's principal Secretaries of
State in the United Kingdom;
(xxxviii) "sell" with its grannmatical variations
and cognate expressions, includes ex-
change and barter;
(xxxix) "session" in relation to a chamber of
the Legislature, shall have the meaning
assigned to it in article 116 of the Con-
stitution;
(xl) "sitting" in relation to a chamber of the
Legislature, shall have the meaning
assigned to it in article 116 of the Con-
stitution;
(xli) "sign" with its grammatical variations
and cognate expressions, with reference
to a person who is unable to write
his name, includes "mark" with its
grannmatical variations and cognate
expressions;
(xlii) "statutory declaration" means a decla-
ration made by virtue of any enactment
or Imperial Act authorising a sworn
declaration to be made otherwise than
in the course of a judicial proceeding;
(xliii) "statutory instrument" means any
regulation, rule, rule of court, bye-
law, proclamation, order, instruction,
direction, appointment, warrant, licence,
permit, notice or other instrument made,
given or issued in the Federation under
the authority of any federal law;
(xliv) "subsidiary legislation" means any
regulation, rule, bye-law, order, scheme,
or other instrument made under any







The Interpretation Regulations, 1958


Act, or under any such aforesaid instru-
ment, and having legislative effect, but
does not include a proclamation;
(xlv) "summary conviction" means, in re-
lation to any offence under an Act, that
a person charged with that offence shall
be triable in respect of the offence by a
court of summary jurisdiction;
(xlvi) "Supreme Court" means the Federal
Supreme Court established under
Article' 73 of the Constitution;
(xlvii) "Territory" means any of the following
territories, that is to say-
(a) the Colony of Jamaica, including
its dependencies but not includ-
ing the Cayman Islands and the
Turks and Caicos Islands;
(b) each of the other Colonies
referred to in paragraph (1) of
article 1 of the Constitution, in-
cluding its dependencies, if any;
(c) the Cayman Islands; and
(d) the Turks and Caicos Islands;
Provided that any reference to the
Legislature of a Territory includes,
in relation to the Cayman Islands or
the Turks and Caicos Islands, as the
case may be, a reference to the
Legislature of Jamaica as well as to
the Legislatures of those Islands;
(xlviii) "the United Kingdom" means the
United Kingdom of Great Britain and
Northern Ireland;
(xlix) "will" includes codicil.
(2) Where in any Act an expression is used describing
a person, matter or thing in relation to a Territory and no
meaning has been assigned to such expression by this or any
other federal law, the expression shall be construed according
to the laws of that Territory.









The Interpretation Regulations, 1958


26. In any Act- Rulesskto
ge nder and
(a) words importing the masculine gender shall number.
include females; and
(b) words in the singular shall include the plural,
and words in the plural shall include the
singular.
27. (1) In any Act, expressiois referring to writing shall, Reference6
he construed as including references to priliting, lithography, and
typewriting, photography ald any other mode of representing "words".
or reproducing words in a visible form.
(2) In any Act, the expression "words" includes
figures, punctuation marks, and typographical, monetary
and mathematical symbols.
28. Where an Act authorises or requires any document lil ~-i'g of
to lbe served by post, whether the expression "serve". or the ost.ce by
expression "give" or "send" or any other expression is used
the service shall be deeiiied to be effected by properly address-
ing, prepaying and posting the document as a letter, and,
unless the contrary is proved, to have been effected at the
tine at which the letter would be delivered in the ordinary
coiirse of post.
29. Where in lny Act aly Minister is referred to, such 1ef',ence
to Minister.
referiice shall be deemed to include any Minister for the
tinie being acting for or on behlial of such Minister.
30. Where in any Act it is provided that the Act shall ;dminitra
tion of
be administered by a specified Minister, or shall be adminis- Acts.
teied, controlled or carried into effect by a specified federal
government department-
(a) the reference to that Minister shall be read
as a reference to any Minister to whom the
administration of the Act is from time to time
assigned by instrument under the hand of Ihie
G(overnor-Generuil and shall be deemed to
include ainy AMinister for the time being acting
for and oil behalf of the Minister to whom the
administration of the Act is so assigned; and
(b) the reference to that department shall be read
as a reference to any department to which the
administration of the Act is from time to time
assigned by any instrument.









18 The Interpretation Regulations, 1958

References 31. Where in any Act, reI'creice is made to a specified
ministries Minister or a specified federal government department, and
and depart-there is no longer any such Minister of department-
ments.
(a) the reference to the Minister shall be read as
a reference to such Minister as is specified by
order of the Governor-General, and shall be
deemed to include any Minister for the time
being acting for and on behalf of the Minister
so specified in the order; and
(b) the reference to the department shall be read
as a reference to such department as is speci-
fied by order of the Governor-General.
References 32. Where an agreement is or has been entered into,
in agree-
mentstoa either before or after the commencement of this regulation,
department, by or on behalf of the Federation and, after the date of the
oinscerr agreement, the functions of a federal government department
body. in relation to the administration of matters to which the
agreement relates (in this regulation referred to as "the
former department") are or have been allotted to another
department (in this regulation referred to as "the new
department")-
(a) any reference in the agreement to the Minister
administering the former department shall be
read as a reference to the Minister admin-
istering the new department or any Minister
acting for the time being for him and on his
behalf;
(b) any reference in the agreement to the former
department shall be read as a reference to the
new department; and
(c) any reference in the agreement to an officer or
body of persons shall be read as a reference
to-
(i) any other officer or body for the time
being exercising the powers or per-
forming the functions of the first
mentioned officer or body; or
(ii) such other officer or body as the
Minister administering the new depart-
ment or any Minister acting for him or
on his behalf, by notice, specifies.









The Interpretation Regulations, 1958 19

83. Where ill lin Act ally p(coll l](oillo (O o(PIlpyill a Reference
particular office or positioll i Imientioned or referred to 1) 'oby o gna-
the designation of his office or position such mention or tion of
reference shall be deemed to include any person who under position.
and to the extent of any authority to act therein, is for the
time being performing the functions of that office or position.
34. In any Act-
References
(a) references to any officer or office shall be to officers,
construed as references to such officer or office localities,
etc., mean
in and for the Federation; and of the
(b) references to localities, jurisdictions and Federation
other matters and things shall be construed as
references to such localities, jurisdictions and
other matters and things in and of the
Federation.
35. (1) In any Act, the expression "rules of court" when Rules of
used in relation to any coiirt shall mean rules made by the court.
authority having for the time being power to make rules
or orders regulating the practice and procedure of such court.
(2) The power of such authority to make rules of court
shall include a power to make rules of court for the purpose
of any Act which directs or authorises anything to be done by
rules of court.

DiIS'T.A'CF .-.ND TI'm
36. In the measurement of any distance for the purposes Measure-
of any Act, that distance shall be measured in a straight line 'tanc
on a horizontal plane.
37. In any Act a reference to the "waters of the References
Federation" or to "territorial waters" (used in relation to waters.
the Federation) shall include a reference to the territorial
waters of each Territory.
38. Where by or under any Act- Reckoning
of time.
(a) any period of time, dating from a given day,of ti
act, or event, is prescribed or allowed for any
purpose, the time shall be reckoned exclusive
of such day, or of the day of such act or event;
(b) the last day of any such period falls on a
Sunday or on a (lay which is a public holiday
(which days are hereinafter in this regulation
referred to as "excluded days"), the period
shall, in the Territory in which the last day









20 The Interpretation Regulations, 1958

is an excluded day, include the next following
day which is not an excluded day in that
Territory;
(() anything is required or authorised to be done
on a certain day, then, if that day is an ex-
cluded day, the thing shall be deemed to have
been done in due time in a Territory in which
that day is an excluded day if it is done on
the next following day which is not an
excluded day in that Territory;
(d) anything is required or authorized to be done
within anly period not exceeding six days,
tlhen an excluded day falling within such
period shall inot in a Territory in which such
day is an excluded day be reckoned in con-
puting the passage of time.
Provision 39. Where by or under any Act any thing is required to
time be done and no time is specified, required, prescribed or
prescribed, allowed within which the thing shall be done, such thing
shall be done with all convenient speed and as often as the
prescribed occasion arises.
Standard 40. Where in any Act anv reference to time occurs, such
legal time. '
time shall, unless it is otherwise specifically stated, be deemed
ill each Territory or part of the Federation to mean the
standard legal time in that Territory or part of the
Federation.
POWERS CONFERRED AND DUTIES IMPOSED BY ACTS
Exercise of 41. (1) Where an Act confers a power or imposes a duty,
poweis nd
duties. the power may be exercised and the duty shall be performed
from time to time as occasion requires.
(2) Where an Act confers a power or imposes a duty
on the holder of an office as such, the power may be exercised
and the duty shall be performed by the holder for the time
being of the office or by a person duly appointed to act for
him.
Power to 42. (1) Where an Act confers a power to make subsidiary
lues legislation the power shall be construed as including a power
powet to exercisable in like manner and subject to the like conditions
rescin4, et. (if any) to rescind, revoke, amend, or vary any such sub-
L sidiary legislation,








The Interpretalton Regulations. 195S 21

(2) Where an Act confers upon any person or authority Special
a power to make, giv e or issue any statutory instrument for todwroate
any general purpose and also for any special purposes, the from gene-
enumeration of the special purposes shall not be deemed to ra powers.
derogate from the generality of the power conferred with
respect to the general purpose.
43. (1) Where an Act confers upon any person or authority Power to
appoint in-
a power to make appointments to any office or place, the cludes
power shall be construed as including a power to remove or power to
remove.
suspend any person appointed, and to appoint another person
temporarily in the place of any person so suspended or in
place of any ill or absent holder of such office or place:
Provided that where the power of such person or
authority to make such appointment is only exercisable on
the recommendation or subject to the approval or consent
of some other person or authority, such power of removal
shall only be exercisable upon the recommendation or subject
to the approval or consent of such person or authority.
(2) Where an Act confers a power or imposes a duty
upon a public officer, the Governor-General may direct that
if during any period owing to absence or inability to act from
illness or any other cause the public officer shall be unable
to exeriese the powers or perform the duties in any place
under his jurisdiction or control, those powers shall be had
and may Ie exercised and those duties shall be performed in
that place by a person named by the Governor-General or by
the public officer holding the office designated by the
Governor-General, and thereupon that person or public
officer, during any such period as aforesaid, shall have and
may exercise the powers and shall perform the duties afore-
said, subject to such conditions, exceptions and qualifications
as the Governor-General may direct.
44. (1) Where an Act confers upon any person or Statutory
authority the power to appoint persons as members of any power to
board, committee, council, commission, tribunal or other appoint
alternate
similar body, (in this and the next succeeding regulation members.
referred to as a statutory board) such power shall include
the power to appoint persons as alternate members of such
statutory board:
Provided that where any person has under the powers
conferred by this regulation been appointed an alternate
member of any such statutory board, such person shall-








22 The Interprelation Regulations, 1958

(a) act as a meinler only when the member to
whom he is alternate is by reason of illness;
absence from the Federation or from the
Territory in which his presence would be
necessary for the performance of his duties,
or by reason of other like cause, unable to
perform his duties as a member;
(b) when acting as a member, have all the powers
of the member to whom he is alternate.
Power to (2) Where an Act confers upon any person or
appoint
chairman, authority, power to appoint any statutory board, such power
shall include the power to appoint a chairman of such
statutory board.
Powers of (3) Where by any Act any statutory board is estab-
board not lished, then, subject to any provisions regarding a quorum,
affected by
vacancy. the powers of such statutory Ioard, shall not be affected by
any vacancy in the membl)ershilp thereof.
Power to 45. Where an Act confers upon any person or authority
name or by the power to appoint or name a person to be a member of
office. any statutory board, or to have and exercise any powers or
perform any duties, such first mentioned person or authority
may either appoint a person by name or direct the person
for the time being holding the office designated by such first
mentioned person or authority, to be a member of such
statutory board, or to have and exercise those powers and
perform those duties; and thereupon, or from the date
specified by such first mentioned person or authority, the
person appointed by name or the person holding office as
aforesaid shall be a member of such statutory board, or shall
have and may exercise those powers and perform those duties
accordingly.
Necessary 46. (1) Where an Act confers upon any person or
incidental
powers. authority power to (do or enforce the doing of any act or
thing, all such powers shall be understood to be also con-
ferred as are reasonably necessary to enable the person to
do or enforce the doing of the act or thing.
Special (2) Without prejudice to the generality of the pre-
powers. ceding paragraph of thii- regulation--
(a) a power to provide for or prohibit or to
control or to regulate any matter includes
power to provide for the same by the licensing






The Interpretation Regulations, 1958 23

thereof and power to prohibit acts whereby
the prohibitions, control or regulations
affecting such matter might be evaded;
(b) a power to grant a licence, permit, authority,
approval or exemption includes power to
impose reasonable conditions (including the
charging of a fee payable to the public funds
of the Federation) subject to which such
licence, permit, authority, approval or exemp-
tion may be granted.
47. Any court, judge, justice of the peace, officer, Powr to
determine
commissioner, arbitrator, or other person authorised by or includes
under an Act, to hear and determine any matter, shall have power to
authority to receive evidence and examine witnesses and to oath.
administer an oath to all witnesses legally called before them
respectively.
48. (1) Where by any Act the Governor-General is Delegation
empowered to exercise any powers or perform any duties, of powers.
he may depute any person by name or the person for the
time being holding the office designated by him, to exercise
those powers or perform those duties on his behalf, subject
to such conditions, exceptions and qualifications as the
Governor-General may prescribe, and thereupon or from the
date specified by the Governor-General the person so deputed
shall have and exercise those powers and perform those duties
subject as aforesaid:
Provided that nothing herein contained shall authorise
the Governor-General to depute any person to hear any
appeal or make subsidiary legislation under the power in
that behalf conferred upon him by any Act.
(2) Where an Act confers upon any person or
authority the power to delegate the exercise of any of the
powers or the performance of any of the duties vested in or
imposed on him, no delegation made thereunder shall preclude
such person or authority from exercising or performing at
any time any of the powers or duties so delegated.
49. Where, under any Act, the exercise of a power or Exercise of
function by a person is dependent upon the opinion, belief rert and
or state of mind of that person in relation to a matter and that functions
power or function has been delegated in pursuance of any ga dele-
power in that behalf, the power or function may be exercised
by the delegate upon the opinion, belief or state of mind of
the delegate in relation to that matter.





24 The Interpretation Regulations, 1958

50. Where by an Act any act or thing is authorised or
required to be done by more than two persons, a majority of
them may do it.
OFFENCES AND PENALTIES
Prescribed 51. Where in any Act a punishment is provided for an
penalties to ,o.intthe
,e manxium"offence against the Act, such provision shall indicate that
penalties, the offence shall be punishable by a punishment not exceed-
ing that provided.
Punishment 52. The punishment set out-
at foot of
sectf~i or (a) at the foot of any section of any Act; or
suits ftiolfs.
(b) at the foot of any subsection of any section
of any Act, but not at the foot of the se.1c.f,
shall indicate that any contravention of the section or ote
suibsection respectively, whether by act or omission, s
be an offence against the Act, punishable upon conviction by
a punishment not exceeding that mentioned:
Provided that where the punishment is expressed to
apply to a part only of the section or isl,-sectioil it shal
apply to that part only.
Offences
against 53. Where an Act confers power to make subsidiary
Legislation then any offense under the subsidiary legislation th n ofe d te bsidiry lti
punishable shall be punishable on smnmarv conviction.
summarily.
Corpora- 54. (1) Every provision of an Act relating to offences
tions liable punishable on indictment or summary conviction shall be
tosue and ma deemed to refer to bodies corporate as well as to persons but
penalties, where the punishment prescribed in respect of any offence
is a term of imprisonment only the court before which the
offence is tried may, if it thinks fit, in the case of a body
corporate, impose a fine not exceeding-
(a) where the prescribed term of imprisonment
does not exceed six months- Five hiinded
dollars;
(b) where the prescribed term of imprisonment
exceeds six months but does not exceed oni
year-One thousand dollars;
(() where the prescribed term of imprisonment
exceeds one year but does not exceed two
years--Two thousand five hundred dollars:
(d) where the prescribed term of imj~rsoiipejtt
exceeds two years- ive thousand dll4.rs.








The Interpretation Regulations, 1958 25

(2) Where under any Act any forfeiture or penalty
is payable to a party aggrieved it shall be payable to a body
corporate where the body corporate is the party aggrieved.
55. Where an Act confers power to make subsidiary legis- Subsidiary
lation there may be annexed to the breach of such subsidiary legislation
legislation a punishment of a fine not exceeding one hundred offences.
and fifty dollars or of imprisonment for a term not exceeding
three months, or both such fine and imprisonment, and such
subsidiary legislation may provide that a term of imprison-
ment not exceeding three months may be imposed in default
of the payment of any such fine.
56. Any provision of an Act which constitutes an Attempts
offence shall be deemed to provide also that an attempt tous ioffece
commit such an offence shall be an offence against such pro- committed.
vision, punishable as if the offence itself had been committed.
57. Where under any Act imprisonment may be award- Imprison-
ed for any offence, it may be awarded with or without hard ment.
labour.
58. Where an act or omission constitutes an offence Offences
under two or more Acts, or both under an Act and under under two
or more
any other law, the offender shall be liable to be prosecuted laws.
and punished under either or any of those Acts and under
such other law, but shall not be liable to be punished twice
for the same offence.
59. The imposition of any penalty or fine by or under Imposition
any Act shall not, in the absence of an express provision toof penalty
not a bar
the contrary, relieve any person from liability to answer for to civil
damages to a person injured, action.
60. (1) Where under any Act any animal or thing is or Disposal of
is ordered by any competent authority to be confiscated or forfeits.
forfeited, it shall be deemed to be forfeited to the Crown for
the purposes of the Federation.
(2) Where under any Act any animal or thing order-
ed or deemed to be forfeited to the Crown is required to be
sold the net proceeds of any such sale shall be paid into and
shall form part of the public funds of the Federation.
(3) Nothing in this regulation shall be construed as
derogating from or abridging any provision of any Act under
which any fine, penalty or forfeit or part thereof, or the pro-
ceeds of any forfeit or part thereof, is recoverable by any per-
son or may be granted by a court or public authority to any
person.








The Interpretation Regulations, 1958


Pecuniary 61. Subject to the express provisions of any Act, where
penalties
payable into any fine or pecuniary penalty is imposed by or under the
public funds. Authority of an Act, every such fine or penalty shall be pay-
able into the public funds of the Federation.

STATUTORY INSTRUMENTS AND RESOLUTIONS
Enabling 62. Notwithstanding that any statutory instrument is ex-
power to
make pressed or purports to be made, given or issued by a person
nstuents. or authority under a specific provision of an Act, it shall be
deemed also to be made, given or issued by that person or
authority under all powers thereunto enabling that person
or authority.
Construc- 63. Where an Act confers upon any person or authority
tion of
statutory power to make, give or issue any statutory instrument, then-
instruments. .
(a) expressions used in any statutory instrument
so made, given or issued shall have the same
meanings as in the Act conferring the power,
and these Regulations shall apply to any
statutory instrument so made as if it were
an Act and as if each such rule, regulation,
bye-law, article or other sub-division of such
statutory instrument were a section of an
Act; and
(b) any statutory instrument so made, given or
issued shall be read and construed subject to
the Act under which it was made, given or
issued and so as not to exceed the power of
that person or authority, to the intent that
where any such statutory instrument would,
but for this regulation, have been construed
as being in excess of the power conferred upon
that person or authority, such statutory in-
strument shall nevertheless be valid to the
extent to which it is not in excess of that
power; and
(c) any act done under or by virtue of or in pur-
suance of any statutory instrument so made,
given or issued shall be deemed to have been
done under or by virtue of or in pursuance
of the Act which conferred the power to make,
give or issue the statutory instrument.








The Interpretation Regulations, 1958 27

64. Where an Act confers power to make, give or issue Notification
of statutory
any statutory instrument (other than a proclamation), then, instruments.
unless it is expressly provided in that Act that the provisions
of this regulation shall not apply to any such statutory in-
strument made, given or issued under or by virtue or in pur-
suance of the Act, all such statutory instruments shall be
notified in or with the Gazette.
65. The publication in the Gazette of a notice stating Publication
that any specified statutory instrument (other than a pro- instruments
clamation) has been made, given or issued, and in the case
of subsidiary legislation, specifying the place in each Terri-
tory where copies thereof may be purchased, shall be sufficient
compliance with the provisions of any Act requiring that
such statutory instruments be published or notified in the
Gazette.
66 (1) Notwithstanding the provisions of regulationsForms.
64 and 65 of these Regulations, it shall not be necessary to
publish in the Gazette any form which is prescribed if there
is published in the Gazette a notice specifying an office where
such form may be inspected free of charge.
(2) Any form purporting to be a prescribed form shall
be presumed, unless the contrary is proved, to have been
duly prescribed.
(3) Wherever forms are prescribed, deviations there-
from, not affecting the substance or calculated to mislead,
shall not invalidate them.
67. Where any resolution is or has been passed by either Construc-
chamber of.the Legislature in purported pursuance of any resolutions.
Act, the resolution shall be read and construed subject to
the Constitution and to the Act under which it purports to
have been passed, to the intent that where the resolution
would but for this regulation have been construed as being
in excess of authority, it shall nevertheless be a valid resolu-
tion to the extent to which it is not in excess of authority.

MISCELLANEOUS
68. (1) Where the Constitution or any Act confers power significatio
upon the Governor-General to make, give or issue any sta- nstrumt
tutory instrument, authorise any thing or matter to be done, by
Governor-
grant any exemption, remit any fee or penalty or exercise General
any other power, it shall be sufficient if the exercise of such etc.
power by the Governor-General be signified under the hand
of the Secretary to the Governor-General.







28 The Interpretation Regulations, 1958

(2) Nothing in this regulation shall authorise the
making or issuing of any warrant, proclamation or other
instrument under the public seal otherwise than under the
hand of the Governor-General.
Notification 69. Where any act, matter or thing is by law directed
in IGazette. to be done by the Governor-General or by any Minister, the
notification that such act, matter or thing has been done may,
unless a specified instrument or method is by that law pre-
scribed for the notification, be by notice in the Gazette.
Notification 70. Whenever any change in title of any federal public
io tianet office occurs, the Governor-General may by notice in the
office. Gazette declare that such change of title shall take effect
from a day specified in such notice and, with effect from such
day, any reference in any enactment to the former title of
such office, shall be read and construed as a reference to that
office by such new title as the Governor-General may declare
in such notice.

Made this 13th day of January, 1958.

HAILES
Governor-General.








The West Indian Publications Regulations, 1958 29


THE WEST INDIES


REGULATIONS No. 2 of 1958.


THE WEST INDIAN PUBLICATIONS
REGULATIONS, 1958.

Made by the Governor-General under section 2 of the
West Indies (Federation) Order in Council, 1957.


ARRANGEMENT OF REGULATIONS

Regulation
1. Short title.
2. Definition of "book."
3. Copies of books required to be delivered.
4. Failure to deliver copies an offence.
5. Regulations supersede territorial laws.
6. Commencement.


His Excellency the Governor-General in exercise of the
powers conferred on him under section 2 of the West Indies
(Federation) Order in Council, 1957, hereby makes the
following regulations:-
1. These Regulations may be cited as the West Indian Short title.
Publications Regulations, 1958.







30 The West Indian Publications Regulations, 1958

Definition 2. For the purposes of these Regulations, the expression
of "book". "book" includes every part or division of a book, pamphlet,
newspaper, sheet of letter press, sheet of music, map, plan,
chart or table separately published, but shall not include
any second or subsequent edition of a book unless such
edition contains additions or alterations either in the letter
press or in the maps, prints, or other engravings belonging
thereto.
Copies of 3. (1) Subject to the provisions of this regulation, the
books
required to publisher of every book published within the Federation,
be delivered. shall, within one month after the publication, supply at his
own expense-
(a) one copy of the book for the purpose of
establishing and maintaining a federal library
of all West Indian publications; and
(b) one copy of the book to the library of the
University College of the West Indies.
(2) The copy of each book required to be supplied
under sub-paragraph (a) of paragraph (1) of this regulation
shall be delivered to such person as the Governor-General
may, by order, direct:
Provided that until such time as a direction is given under
this paragraph, the copy shall be delivered to the Federal
Secretary.
(3) The copies to be delivered under this regulation
shall be copies of the whole book with all maps and illus-
trations belonging thereto, fished and covered in the same
manner as the best copies of the book are published, and shall
be bound, sewed, or stitched together, and on the best paper
on which the book is printed.
(4) The Governor-General may, by order, exempt
from the provisions of these Regulations, any book or books
of such class as may be specified in the order.
Failure to 4. If a publisher fails to comply with any of the pro-
deliver
copies an visions of these Regulations he shall be guilty of an offence
offence. and shall be liable on conviction by a court of summary
jurisdiction to a fine not exceeding fifty dollars:
Provided that no prosecution in respect of an offence
committed before the 31st day of March, 1958, shall be insti-
tuted without the consent of the Attorney General.








The West Indian Publications Regulations, 1958


5. The provisions of these Regulations shall be in Regulations
substitution for the provisions of any law of the Legislature Terriori
of a Territory which require that a copy of any book to which laws.
these Regulations apply shall be delivered to the library of
the University College of the West Indies.
6. These Regulations shall be deemed to have come into Commence-
operation on the 3rd day of January, 1958. ment.

Made this 13th day of January, 1958.

HAILES

Governor-General.









32 The Federal Supreme Court Regulations, 1958


THE WEST INDIES


REGULATIONS No. 3 of 1958.


THE FEDERAL SUPREME COURT
REGULATIONS, 1958.

Made by the Governor-General under section 2 of the West Indies
(Federation) Order in Council, 1957.


ARRANGEMENT OF REGULATIONS

Regulation
1. Short title and commencement.
2. Interpretation.
PART I
GENERAL PROVISIONS
3. Number of Federal Justices.
4. Officers of Federal Supreme Court.
5. Seal.
6. Law to be administered on hearing of appeals.
7. General powers of the Federal Supreme Court.
8. Procedure and practice.
9. Evidence and practice when Federal Supreme Court exercises
original jurisdiction.
10. Administration of oaths.
11. Conveyance overseas of persons in custody.









The Federal Supreme Court Regulations, 1958


12. Sittings of the Court in two divisions.
13. Restriction on institution of vexatious actions.
14. Appeal from order of judge in exercise of original jurisdiction.

PART II
CIVIL APPEALS
15. Appeals in civil matters.
16. Powers of Federal Supreme Court on appeal in civil matters.
17. Additional powers of Federal Supreme Court on hearing appeals
in civil matters.
18. Power of Federal Supreme Court as to new trials.
19. Wrong rulings as to sufficiency of stamps.

PART III
CRIMINAL APPEALS
20. Definitions.
21. Right of appeal in criminal cases.
22. Determination of appeals in ordinary cases.
23. Powers of Federal Supreme Court in special cases.
24. Re-vesting and restitution of property on conviction.
25. :Supplementary powers of Federal Supreme Court.
26. Admission of appellant to bail and custody when attending court.
27. Conmputation and commencement of sentence.
28. Time for appealing.
29. Stay 'of Execution.
30. Judge's notes and report to be furnished on appeal.
31. Legal assistance to appellant.
32. Costs of appeal.
33. Right of appellant to be present.
34. Duty of Attorney General.
35. Duties of Registrar with respect to notices of appeal, etc.
36. Powers which may be exercised by a judge of the Court.
37. Case stated or question of law reserved.
38. Provisions of these Regulations applicable to proceedings under
regulation 37.
39. Case stated by superior court at request of Federal Supreme Court.
40. Appeals from inferior courts.
41. Provisions of these Regulations applicable to proceedings under
regulation 40.
42. Jurisdiction of the Federal Supreme Court under Part III exclusive.
43. Prerogative of mercy.

PART IV
APPEALS TO PRIVY COUNCIL
44. Interpretation.
4j. Right of appeal from Federal Supreme Court to Privy Council.









34 The Federal Supreme Court Regulations, 1958

46. Applications for leave to appeal.
47. Conditional leave to appeal.
48. Stay of Execution.
49. Preparation of record.
50. Judges' reasons.
51. Final leave to appeal.
52. Taxation of costs of appeal.
53. Enforcement of order of Privy Council.
54. Powers of Federal Supreme Court exercisable by a single judge.
55. Practice and procedure on appeals to Privy Council.

PART V
TRANSITIONAL PROVISIONS
56. Provision regarding pending civil cases.




His Excellency the Governor-General in exercise of the
powers conferred on him under section 2 of the West Indies
(Federation) Order in Council, 1957, and of all other powers
him thereunto enabling hereby makes the following regula-
tions.
Short title 1. (1) These Regulations may be cited as the Federal
and com-
mencement. Supreme Court Regulations, 1958, and shall come into
operation on such day as the Governor-General shall by
proclamation appoint, and different dates may be appointed
for different provisions.
Application. (2) These Regulations shall apply to the Cayman
Islands and the Turks and Caicos Islands:
Provided that Part III hereof shall not so apply until
it shall have effect in respect of appeals in criminal matters
from the High Court of Justice of Jamaica.
-7rpreta- 2. (1) In these Regulations, unless the context other-
tion.
wise requires-
"Chief Justice" means tje Chief Justice of the
Federation;
"Full Court" means a superior court of two or
more judges sitting in banco in the exercise of
an original or an appellate jurisdiction;
"order" in Parts II and III of these Regulations
includes decision or judgment;







The Federal Supreme Court Regulations, 1958 35

"Record" in relation to an appeal means the
aggregate of papers relating to that appeal
(including pleadings, proceedings, evidence and
judgments) proper to be laid before the Federal
Supreme Court, or Her Majesty in Council, as the
case may be, on the hearing of the appeal;
"Registrar" means the Registrar of the Federal
Supreme Court;
"rules of court" means rules made by the authority
having for the time being power to make rules or
orders regulating the practice and procedure of
the Federal Supreme Court;
"superior court" means any court that is or forms
part of a superior court of record (other than the
court established by the West Indian Court of
Appeal Act, 1919) established for a Territory and. & Geo.
includes the Grand Court of the Cayman Islands
and the Supreme Court of the Turks and Caicos
Islands.
(2) Wherever in any Act the expression "Full Court"
in relation to the Federal Supreme Court occurs, it shall be
deemed to refer to the Full Court of the Federal Supreme
Court constituted by not less than two of the judges of that
Court.

PART I
GENERAL PROVISIONS
3. Besides the Chief Justice, the judges of the Federal Number of
Supreme Court shall be five Federal Justices. jstiels.
4. (1) There shall be- Officers of
(a) a registrar of the Federal Supreme Court, Sureme
and Court.
(b) such deputy registrars and other officers
of the Federal Supreme Court as the
Governor-General may consider necessary.
(2) With the consent of the Governor of the Terri-
tory concerned, the Governor-General may appoint the
registrar of a superior court of that Territory to be a deputy
registrar of the Federal Supreme Court.








36 The Federal Supreme Court Regulations, 1958

(3) In this regulation the expression "registrar of a
superior court" includes the Clerk of the Grand Court of the
Cayman Islands.
Seal. 5. The Federal Supreme Court shall have a seal having
a device or impression approved by the Chief Justice with
the inscription "The Federal Supreme Court of The West
Indies".
Law to be 6. Subject to the provisions of regulation eight, the
ed on hear- Federal Supreme Court shall, in the hearing and determina-
ing of tion of an appeal from the decision of a superior court of a
Territory, apply to such appeal the law which was applicable
to the case in that superior court.
General 7. Subject to the provisions of the Constitution and
powers of
the Federal of any Act, the Federal Supreme Court shall in the exercise
Supreme of any jurisdiction vested in it, have all the powers and
authorities vested in or exercisable by the Supreme Court
of Judicature in England on the first day of January, 1958.
andraocde 8. So far as concerns procedure and practice, all
tice. appellate jurisdiction vested in the Federal Supreme Court
shall be exercised in accordance with the provisions of any
Act and rules of court, and where no special provision is
contained in any such; Act or rules of court, and such juris-
diction, so far as concerns practice and procedure, shall be
exercised as nearly as may be in conformity with the law
and practice for the time being in force in England-
(a) in relation to criminal matters in the Court
of Criminal Appeal;
(b) in relation to civil matters, in the Court of
Appeal.
Evidence 9. (1) Save as otherwise provided by any Act or rules
and prac- of court, in any case being heard by the Federal Supreme
tice when o
Federal Court in the exercise of its original jurisdiction, the Court
Courme shall as regards the admissibility of evidence, the mode of
exercises proof and the sufficiency of evidence and as regards the com-
original
jurisdition. petency and compellability of witnesses and the course of
evidence apply the law of England in force on the first day
of January, 1958.
(2) Subject to the provisions of paragraph (1), so far
as concerns procedure and practice, the original jurisdiction
vested in the Federal Supreme Court shall be exercised in
Accordance with the provisions of any Act and rules of court,








The Federal Supreme Court Regulations, 1958 -37

and where no special provision is contained in any such
law or rules of court with reference thereto, any
such jurisdiction shall, so far as concerns procedure and
practice, be exercised as nearly as may be in conformity
with the law and practice for the time being in force in the
Supreme Court of Judicature in England.
(3) Rules of court may prescribe-
(a) the official seals and signatures that may be
judicially noticed;
(b) the mode in which evidence of particular
facts may be given in any proceedings or on
any application in connection with or at any
stage of any proceedings.
10. (1) The Federal Supreme Court 'or any judge thereof Administra-
may require and administer any necessary oath. tioa of
(2) Without prejudice to any other power to require
an oath to be administered, rules of court may prescribe the
occasions on which an oath may be administered and may
authorize any of the following persons to administer oaths
for any purpose specified in the rules-
(a) the Registrar or any deputy registrar of the
Federal Supreme Court;
(b) any person duly authorized by or under the
law in operation in a Territory to administer
oaths for the purpose of a superior court of
that Territory.
(3) The form of an oath shall be the same, as nearly
as may be, as that which is used in the superior court of the
Territory in which the oath is administered.
(4) Any person who, by the law in operation in the
Territory in which an oath is to be administered, is entitled
to make an affirmation instead of taking an oath, may do so
in any cause or matter in the Federal Supreme Court, and
shall do so in the form prescribed by that law before any
person authorised by or under these Regulations to adminis-
ter oaths.
11. (1) A judge of the Federal Supreme Court may issue Conveyance
a warrant- overseas of
persons in
(a) for the attendance before that Court or deten-custody.
tion in custody, or both the attendance and








38 The Federal Supreme Court Regulations, 1958

detention, of any person in custody in any
Territory and such warrant shall be full and
sufficient authority-
(i) for the conveyance in custody of such
person on any ship or aircraft to which
this regulation applies from the Terri-
tory where he is in custody to the Terri-
tory in which his attendance is required;
and
(ii) for the detention of such person in
custody in the Territory where his
attendance is required for the period
between his arrival in that Territory
fintil his discharge from custody or his
departure therefrom in custody (which-
ever shall first occur);
(b) for the return of such person in custody to
the Territory where he was originally in
custody and such warrant shall be sufficient
authority for the conveyance in custody of
such person to that Territory on any ship or
aircraft to which this regulation applies.
(2) During any period during which such person is
) detained in custody under the authority of any such warrant
in the Territory in which his attendance is required, he shall
be detained in such place and manner as prisoners of his
category (whether convicted or awaiting trial as the case
may be) are detained in accordance with the law in operation
in that Territory.
(3) The ships and aircraft to which this regulation
applies are any ships and aircraft registered in the Federa-
tion and any of Her Majesty's ships and aircraft belonging
to the naval or air forces of the United Kingdom or of the
Federation.
Sittings of 12. Subject to the provisions of paragraph (3) of
the Court
in twou article 85 of the Constitution, if the Chief Justice so directs,
divisions. the Federal Supreme Court may sit in two or more divisions
to be constituted in such manner as the Chief Justice may
direct, but any judge of the Court may sit in any division.








The Federal Supreme Court Regulations, 1958 39

13. (1) If on an application made by the Attorney Res.triftion
General of the Federation under this regulation, the Federal tion of
Supreme Court is satisfied that any person has habitually eactious
and persistently and without any reasonable ground insti-
tuted vexatious legal proceedings in the Federal Supreme
Court, and whether against the same person or against
different persons, the Court may, after hearing that person
or giving him an opportunity of being heard, order that no
legal proceedings shall without the leave of the Court or a
judge thereof be instituted by him ii any federal court and
such leave shall not be given unless the Federal Supreme
Court or a judge thereof is satisfied that the proceedings
are not an abuse of the process of the court and that there
is prima facie ground for the proceedings.
(2) A copy of any order made under this section shall
be published in the Gazette.
14'. (1) An appeal shall lie to the Federal Supreme Court Appeal from
from an order in a civil cause or matter made by a single de
judge sitting alone in the exercise of the original jurisdiction exercise of
of that court except where any law of the Federal Legisla- rition.
ture provides that such order shall be final or otherwise
restricts the right of appeal.
(2) A judge who has made the order from which an
appeal is brought under this regulation shall not sit on the
hearing of the appeal.
(3) Subject to any law of the Federal Legislature or
to rules of court, the Federal Supreme Court for the purpose
of determining an appeal under this section shall have the
same powers as upon an appeal from the order of a superior
court of a Territory, and shall follow the same practice and
procedure so far as the same is applicable. 4

PART II
CIVIL APPEALS
15. (1) The Federal Supreme Court shall have jurisdic- Appeals in
civil
tion to hear and determine any matter arising in any civil matters.
proceedings upon a case stated or upon a question of law
reserved by a Full Court or by a judge of a superior court
of a Territory pursuant to any power conferred in that be-
half by a law in operation in that Territory.








40 The Federal Supreme Court Regulations, 1958

(2) Subject as otherwise provided in this regulation,
an appeal shall lie to the Federal Supreme Court in any
cause or matter from any order of a Full Court or of a judge
of a superior court (whether made before or after the date
on which these Regulations come into force) where such
order is-
(a) final and is not such an order as is referred
to in sub-paragraph (f) or sub-paragraphs
(g) (i), (g) (ii) or (g) (iii) of this paragraph;
(b) an order made upon the finding or verdict of
a jury;
(c) an order upon application for a new trial;
(d) a decree nisi in a matrimonial cause or an
order in an admiralty action determining
liability;
(e) declared by rules of court to be of the nature
of a final order;
(f) an order upon appeal from any other court,
tribunal, body or person;
(g) (i) a final order of a judge of a superior
court made in chambers or in a summary
proceeding;
(ii) an order made with the consent of the
parties;
(iii) an order as to costs;
(iv) an order not referred to elsewhere in this
paragraph.
(3) No appeal shall lie from an order referred to in
sub-paragraph (f) of paragraph (2) of this regulation-
(a) except-
(i) upon a question of law; or
(ii) where such order precludes any party
from the exercise of his profession or
calling, from the holding of public office,
from membership of a public body or
from the right to vote at the election of a
member for any such body;
(b) in any other case, except with the leave of
the Federal Supreme Court or of the superior
court from which the appeal was brought.








The Federal Supreme Court Regulations, 1958


(4) (a) Where it is provided by any law that an
appeal shall not lie direct to the Federal Supreme Court
from an order of a judge of a superior court referred to in
sub-paragraph (g) of paragraph (2) of this regulation but
only from the decision of a Full Court on appeal therefrom,
an appeal shall lie under this section only from such decision.
(b) No appeal shall lie under this regulation from
an order referred to in sub-paragraph (g) of paragraph (2)
of this regulation-
(i) from a decision of a Full Court of a
Territory upon appeal from a judge
of a superior court of that Territory,
except by leave of the Full Court or of
the Federal Supreme Court; or
(ii) in any other case, except by leave of the
Full Court or judge making the order or
of the Federal Supreme Court.
(c) The expression "law" in this paragraph
means any order of Her Majesty in Council or an order
made thereunder or any law of the Federal Legislature or
of the Legislature of a Territory.
(5) No appeal shall lie under this regulation-
(a) from any order made in any criminal cause
or matter;
(b) from an order allowing an extension of time
for appealing from an order;
(c) from an order of a judge giving unconditional
leave to defend an action;
(d) from the determination of a Full Court under
paragraph (9) of this regulation;
(e) from an order absolute for the dissolution or r
nullity of marriage in favour of any party f
who having had time and opportunity to
appeal from the decree nisi on which the
order was founded, has not appealed from
that decree.
(6) No appeal shall lie under this regulation from
any order of a Full Court or of a judge of a superior court
where it is provided-
(a) by any law of the Federal Legislature; or


4








42 The Federal Supreme Court Regulations, 1958

(b) by any law of the Legislature of a Territory
as respects any matter not included in the
Exclusive Legislative List or the Concurrent
Legislative List set out in the Third Schedule
to the Constitution
that the decision of such judge or court shall be final.
(7) No appeal shall lie under this regulation from any
order of a judge of a superior court of a Territory in any
case in which it is, on the date on which these Regulations
come into force, provided by any law of the Legislature of
that Territory, the principal purpose of which is to regulate
or otherwise provide for any matter included in the Exclusive
Legislative List or the Concurrent Legislative List set out
in the Third Schedule to the Constitution, that the decision
of such judge shall be final.
(8) The jurisdiction to hear appeals vested in the
Federal Supreme Court under the provisions of this Part of
these Regulations shall be to the exclusion of the jurisdiction
of any other court in the Federation:
Provided that a judge of a superior court from which
an appeal is brought may hear and determine such applica-
tions incidental to the appeal and not involving the decision
thereof as may be prescribed by rules of court; but an order
made on any such application may be discharged or varied
by the Federal Supreme Court.
(9) Where any doubt arises regarding the category
mentioned in paragraph (2) of this regulation into which an
order of a Full Court or of a judge of a superior court falls,
such doubt may be determined by a Full Court or by the
Federal Supreme Court upon application in a summary
way.
of 16. (1) On the hearing of an appeal from any order of
e a superior court in any civil cause or matter, the Federal
i Supreme Court shall have power to-
(a) confirm, vary, amend, or set aside the order
or make any such order as the court from
whose order the appeal is brought might
have made, or to make any order which ought
to have been made, and to make such further
or other order as the case may require;
(b) draw inferences of fact;








The Federal Supreme Court Regulations, 1958 43

(c) direct the court from whose order the appeal
is brought to enquire into and certify its
finding on any question which the Federal
Supreme Court thinks fit to be determined
before final judgment in the appeal.
(2) The powers of tjhe Federal Supreme Court under
the foregoing provisions of this regulation may be
exercised notwithstanding that no notice of appeal or
respondent's notice has been given in respect of any par-
ticular part of the decision of the court from whose order
the appeal is brought or by any particular party to the
proceedings in that court, or that any ground for allowing
the appeal or for affirming or varying the decision of that
court is not specified in such a notice; and the Federal
Supreme Court may make any order, on such terms as the
Court thinks just, to ensure the determination on the merits
of the real question in controversy between the parties.
(3) The Federal Supreme Court may make such
order as to the whole or any part of the costs of an appeal as
may be just, and may, in special circumstances, order that
such security shall be given for the costs of an appeal as may
be just.
(4) The powers of the Federal Supreme Court in
respect of an appeal shall not be restricted by reason of any
interlocutory order from which there has been no appeal.
17. On the .hearing of an appeal from any order of aAdditional
powers of
superior court in any civil cause or matter, the Federal Fder al
Supreme Court may, if it thinks fit- Supreme
Court on
(a) order the production of any document, hearing
exhibit, or other thing connected with the ppeals
in civil
proceedings, the production of which appears matters.
to it necessary for the determination of the
case, provided that no person shall be com-
pelled to produce under any such order any
writing or other document which he could not
have been compelled to produce at the hearing
or trial;
(b) order any witness who would have been a
compellable witness at tihe trial to attend and
be examined before the Federal Supreme
Court, whether he was or was not called at
the trial, or order the examination of any








44 The Federal Supreme Court Regulations, 1958

such witness to be conducted in manner
provided by rules of court before any judge
of the Federal Supreme Court or before any
officer of the Federal Supreme Court or
justice of the peace or other person appointed
by the Federal Supreme Court for the pur-
pose, and at any place and allow the
admission of any deposition so taken as
evidence before the Federal Supreme Court;
(c) receive the evidence, if tendered, of any
witness (including any party) who is a
competent but not compellable witness, and,
if a party makes application for the purpose,
of the husband or wife of that party in cases
where the evidence of the husband or wife
could not have been given at the trial except
on such application;
(d) where the case was not tried by a superior
court, remit the case to the court of trial
for further hearing, with such instructions
as regards the taking of further evidence or
otherwise as appear to it necessary; and in
all cases, remit the case with such instruc-
tions to the superior court from which the
appeal was brought;
(e) where any question arising at the appeal
involves prolonged examination of documents
or accounts or any scientific or local inves-
tigation which cannot, in the opinion of the
Federal Supreme Court, conveniently be
conducted before the Federal Supreme Court,
order the reference of the question in manner
provided by rules of court for inquiry and
report to a special commissioner appointed
by the Federal Supreme Court, and act upon
the report of any such commissioner so far
as they think fit to adopt it;
(f) appoint any person with special expert
knowledge to act as an assessor in an advisory
capacity in any case where it appears to the
Federal Supreme Court that such knowledge
is required for the proper determination of
the case.








The Federal Supreme Court Regulations, 1958


18. (1) Subject to the provisions of this regulation, on Power of
Federal
the hearing of an appeal in any civil cause or matter the supreme
Federal Supreme Court shall, it if appears to the FederalCourt as
to new
Supreme Court that a new trial should be held, have powertrials.
to set aside the order appealed against and order that a new
trial be held.
(2) On the hearing of an appeal in any civil cause or
matter, the following provisions shall apply-
(a) A new trial shall not be ordered on the ground
of misdirection, or of the improper admission
or rejection of evidence unless in the opinion
of the Federal Supreme Court some substan-
tial wrong or miscarriage has been thereby
occasioned.
(b) A new trial may be ordered on any question
without interfering with the finding or
decision upon any other question; and if it
appears to the Federal Supreme Court that
any such wrong or miscarriage as is men-
tioned in sub-paragraph (a) of this para-
graph affects part only of the matter in
controversy, or one or some only of the
parties, the Court may order a new trial as
to that part only, or as to that party or those
parties only, and give final judgment as to
the remainder.
(3) On the hearing of an appeal from an order made
in any action tried with a jury the following provisions
shall apply-
(a) The Federal Supreme Court may, if it thinks
fit, make any such order as could be made in
pursuance of an application for a new trial
or to set aside a verdict, finding or judgment
of the court below.
(b) A new trial shall not be ordered because the
verdict of the jury was not taken upon a
question which the judge at the trial was not
asked to leave to them unless in the opinion
of the Federal Supreme Court some subs-
tantial wrong or miscarriage has been thereby
occasioned.































Wrong
rulings
as to
sufficiency
of stamps.


46 The Federal Supreme Court Regulations, 1958

(c) In any case where the Federal Supreme
Court has power to order a new trial on the
ground that damages awarded by a jury are
excessive or inadequate, the Court may, in
lieu of ordering a new trial-
(i) with the consent of all parties concerned,
substitute for the sum awarded by the
jury such sum as appears to the Court to
be proper;
(ii) with the consent of the party entitled to
receive or liable to pay the damages, as
the case may be, reduce or increase the
sum awarded by the jury by such amount
as appears to the Court to be proper in
respect of any distinct head of damages
erroneously included in or excluded from
the sum so awarded;
but except as aforesaid the Federal Supreme
Court shall not have power to reduce or increase
damages awarded by a jury.
19. The Federal Supreme Court shall not grant a new
trial or reverse any judgment by reason of the ruling of any
court that the stamp upon any document is sufficient or that
the document does not require a stamp.

PART III
CRIMINAL APPEALS


Definitions. 20. In this Part, unless the context otherwise requires-
"appeal" means an appeal by a person convicted
upon indictment and "appellant" means the
person making such appeal;
"Attorney General" in relation to the Territories
of Grenada, Saint Lucia, Saint Vincent and
Dominica means the Attorney General of the
Windward Islands and in relation to the Terri-
tories of Antigua, Montserrat and Saint Chris-
topher, Nevis and Anguilla means the Attorney
General of the Leeward Islands;
"sentence" includes any order of the court made
on conviction with reference to the person con-
victed or his wife or children, and any recommen-
dation of the convicting court as to the making








The Federal Supreme Court Regulations, 1958 47

of a deportation order, of a restriction order, or
of an expulsion order in the case of a person con-
victed, and the power of the Federal Supreme
Court to pass a sentence includes a power to make
any such order or recommendation as the convict-
ing court might have made and a recommendation
so made by the Federal Supreme Court shall have
the same effect for the purposes of any law in
operation in the Territory from which the appeal
is brought relating to a deportation order, a re-
striction order or an expulsion order as the
certificate and recommendation of the convicting
court.
21. A person convicted on indictment in a superiorRight of
appeal in
court of a Territory on a date after this Part of these Regula- criminal
tions have effect in that Territory may appeal under thiscases.
Part of these Regulations to the Federal Supreme Court-
(a) against his conviction on any ground of
appeal which involves a question of law
alone; and
(b) with the leave of the Federal Supreme Court
or upon the certificate of the judge who tried
him that it is a fit case for appeal against
his conviction on any ground of appeal which
involves a question of fact alone, or a ques-
tion of mixed law and fact, or any other
ground which appears to the Court or judge
to be a sufficient ground of appeal; and
(c) with the leave of the Federal Supreme Court
against the sentence passed on his conviction,
unless the sentence is one fixed by law.
22. (1) The Federal Supreme Court on any such appeal Determina-
against conviction shall allow the appeal if they think that appeal in
the verdict of the jury should be set aside on the groundrdinary
that it is unreasonable or cannot be supported having regard
to the evidence, or that the judgment of the court before
whom the appellant was convicted should be set aside on the
ground of a wrong decision of any question of law or that
on any ground there was a miscarriage of justice, and in any
other case shall dismiss the appeal:
Provided that the court may, notwithstanding that
they are of opinion that the point raised in the appeal might







48 The Federal Supreme Court Regulations, 1958

be decided in favour of the appellant, dismiss the appeal if
they consider that no substantial miscarriage of justice has
actually occurred.
(2) Subject to the special provisions of this Part of
these Regulations the Federal Supreme Court shall, if they
allow an appeal against conviction, quash the conviction and
direct a judgment and verdict of acquittal to be entered,
or if the the interests of justice so require, order a new trial.
(3) On an appeal against sentence the Federal
Supreme Court shall, if they think that a different sentence
should have been passed, quash the sentence passed at the
trial, and pass such other sentence warranted in law by the
verdict (whether more or less severe) in substitution there-
for as they think ought to have been passed, and in any
other case shall dismiss the appeal.
Powesi of 23. (1) If it appears to the Federal Supreme Court that
Federal
Supreme an appellant, though not properly convicted on some count
seCoian or part of the indictment, has been properly convicted on
cases. some other count or part of the indictment, the Federal
Supreme Court may either confirm the sentence passed on
the appellant at the trial or pass such sentence in substitu-
tion therefore as it thinks proper and as may be warranted
in law by the verdict on the count or part of the indictment,
on which the Federal Supreme Court considers that the
appellant has been properly convicted.
(2) Where an appellant has been convicted of an
offence and the jury could on the indictment, have found him
guilty of some other offence, and on the finding of the jury
it appears to the Federal Supreme Court that the jury must
have been satisfied of facts which proved him guilty of that
other offence, the Federal Supreme Court may, instead of
allowing or dismissing the appeal, substitute for the verdict
returned by the jury a judgment of guilty of that other
offence and pass such sentence in substitution for the sen-
tence passed at the trial as may be warranted in law for
that other offence, not being a sentence of greater severity.
(3) Where on the conviction of the appellant the
jury have found a special verdict, and the Federal Supreme
Court consider that a wrong conclusion has been arrived at
by the court before which the appellant has been convicted
on the effect of that verdict, the Federal Supreme Court may,
instead of allowing the appeal, order such conclusion to be






lie Federal Supreme Court Regulations, 1958

re.rded as appears to the court to be in law required by
thle verict, and pass such sentence in substitution for the
sentence passed at the trial as may be warranted in law.
(4) If on any appeal it appears to the Federal
Supreme Court that, although the appellant was guilty of
the act or omission charged against him, he was of unsound
id. at the time the act was done or the omission made so
as not to be responsible for his actions according to the law
in operation in the Territory from the superior court of
which the appeal was brought, the Federal Supreme Court
imy quash the sentence passed at the trial and order that the
appellant be kept in custody in some prison, and thereafter
be dealt with in accordance with the law in operation in the
Territory from which the appeal was brought in like manner
as if a special verdict had been returned or a special finding
hlda been made at the trial that he was guilty of the act or
omission charged but was of unsound mind as aforesaid
when he did the act or made the omission.
24. (1) The operation of any order for the restitution of Re-vesting
any property to any person made on a conviction on indict- ion of po-
ment, and the operation, in case of any such conviction, of erty on
the provisions of any law in operation in a Territory from cnvicton.
the superior court of which an appeal lies under this Part
of these Regulations, as to re-vesting of the property in
stolen goods on conviction, shall (unless the court before
whom the conviction takes place direct to t:e contrary in
any case in which, in their opinion, the title to the property
is not in dispute) be suspended-
(a) in any case until the expiration of fourteen
days after the date of the conviction; and
(b) in cases where notice of appeal or leave to
appeal is given within fourteen days after the
date of conviction, until the determination of
the appeal;
and in cases where the operation of any such order, or the
operation of the said provisions, is suspended until the
determination of the appeal, the order or provisions, as the
case may be, shall not take effect as to the property in ques-
tion if the conviction is quashed on appeal, Provision may
he, made by rules of court for securing the safe custody of
any. property, pending the. suspension of the operation of
any such order. or. of the said provisions.







The Federal Supreme Court Regulations, 1958


S(2) The Federal Supreme Court may by order anmul
or vary any order made on a trial for the restitution of any
property to any person, although the conviction is not
quashed; and the order, if annulled, shall not take effect,
and, if varied, shall take effect as so varied.
Suipplemcn- 25. For the purposes of this Part of these Regulations,
of Federal the Federal Supreme Court may, if it thinks it necessary
Supreme or expedient in the interests of justice-
Court.
(a) exercise any or all of the powers conferred
by regulation 17 on the Federal Supreme
Court (other than those contained in para-
graph (d) thereof) but in the application of
regulation 17 to an appeal in any criminal
cause or matter, for the words "any party"
and "that party" in paragraph (c) thereof,
there shall be substituted the words "the
appellant";
(b) issue any warrant necessary for enforcing
any order or sentence of the Federal Supreme
Court.
Provided that-
(i) in no case shall any sentence be increased
by reason of or in consideration of any
evidence that was not given at the trial;
and
(ii) whenever the Federal Supreme Court
receives further evidence it shall make
such order as will secure an opportunity
to the parties to the proceedings to
examine every witness whose evidence is
taken.
Admission 26. (1) An appellant who is not admitted to bail shall,
of appellantpending the determination of his appeal, be treated in such
to hail and ng his appeal, treated
custody manner as may be directed by a law (or rules made there-
atteding under) in operation in the Territory where such appellant is
court. in custody and relating to prisoners awaiting trial, and in
the absence of such law or rules then shall be treated as a
prisoner awaiting trial.
(2) The Federal Supreme Court may, if it seems fit,
on the application of an appellant, admit the appellant to
bail pending the determination of his appeal.







'lihe Federal Supreme Court Regulations, 1958


27.(1) When an appellant is admitted to bail under Computa-
tion and
these Regulations, the time during which he is at large after commence-
being so admitted shall be disregarded in computing the term meent of
of any sentence to which he is for the time being subject.
(2) Subject as hereinafter provided, six weeks of the
time during which any appellant when in custody is treated
pending the determination of his appeal as a prisoner
awaiting trial, or the whole of that time if less than six
weeks shall be disregarded in computing the term of any
sentence to which he is for the time being subject:
Provided that-
(a) the foregoing provisions of this regulation
shall not apply where leave to appeal is
granted under this Part of these Regulations
or any such certificate as is mentioned in
paragraph (b) of regulation 21 has been
given for the purpose of the appeal;
(b) in any other case the Federal Supreme Court
may direct that no part of the said time or
such part thereof as the Court thinks fit
(whether shorter or longer than six weeks)
shall be disregarded as aforesaid.
(3) Subject to the foregoing provisions of this
regulation, the term of any sentence passed by the Federal
Supreme Court in substitution for a sentence passed on the
appellant in the proceedings from which the appeal is
brought shall, unless the Court otherwise directs, begin to
run from the time when it would have begun to run if passed
in those proceedings, and references in this regulation to any
sentence to which an appellant is for the time being subject
shall be construed accordingly.
28. (1) Where a person convicted desires to appeal under Time for
this Part of these Regulations to the Federal Supreme Court, appealing
or to obtain the leave of that court to appeal, he shall give
notice of appeal or notice of his application for leave to appeal
in such manner as may be directed by rules of court within
fourteen days of the date of conviction.
(2) Any rules made for the purposes of this regula-
tion shall enable any convicted person to present his case
and his argument in writing instead of by oral argument if
he so desires. Any case or argument so presented shall be
considered by the court.







The Federal Supreme Court Regulations, 1958


(3) Except in the case of a conviction involving
sentence of death, the time, within which notice of appeal
or notice of an application for leave to appeal may be given,
may be extended at any time by the Federal Supreme Court.
Stay of 29. In the case of a conviction involving sentence of
Executiondeat or corporal punishment-
(a) the sentence shall not in any case be executed
until after the expiration of the time within
which notice of appeal or of an application
for leave to appeal may be given under
regulation 28; and
(b) if notice is so given, the appeal or application
shall be heard and determined with as much
expedition as practicable, and the sentence
shall not be executed until after the determi-
nation of the appeal, or in cases where an
application for leave to appeal is finally
refused, of the application.
Judge's 30. The judge of any court before whom a person is
notes and convicted shall, in the case of an appeal under this Part of
report to
be furnished these Regulations against the conviction or against the
on appeal, sentence, or in the case of an application for leave to appeal
under these Regulations, furnish to the Registrar, in
accordance with rules of court, his notes of the trial; and
shall also furnish to the Registrar in accordance with rules
of court a report giving his opinion upon the case or upon
any point arising in the case.
Legal 31. The Federal Supreme Court may at any time
assistance assign to an appellant a solicitor and counsel, or counsel
Sappelaonly, in any appeal under this Part of these Regulations or
in any proceedings preliminary or incidental to such an
appeal in which, in the opinion of the Court or judge, it
appears desirable in the interests of justice that the appellant
should have legal aid, and that he has not sufficient means
to enable him to obtain that aid.
Costs of 32. (1) On the hearing and determination of an appeal
appeal. or any proceedings preliminary or incidental thereto under
this Part of these Regulations no costs shall be allowed on
either side.
(2) The expenses of any solicitor or counsel assigned
to an appellant under this Part of these Regulations, and








The Federal Supreme Court Regulations, 1958


the expenses of any witness attending on the order of the
Federal Supreme Court or examined in any proceedings
incidental to the appeal, and of the appearance of an appel-
lant on the hearing of his appeal or on any proceedings
preliminary or incidental to the appeal, and all expenses of
and incidental to any examination of witnesses conducted
by any person appointed by the Court for the purpose, or
any reference of a question to a special commissioner
appointed by the Court or of any person appointed as
assessor to the Court, shall be defrayed out of moneys pro-
vided by the Federal Legislature for the purpose, up to an
amount allowed by the Court, but subject to any rules of
court as to rates and scales of payment and in the manner
expressed by such rules of court.
33. (1) An appellant, notwithstanding that he is in Right uf
custody, shall be entitled to be present, if he desires it, o' b,,'1 t
the hearing of his appeal, except where the appeal is onpresent.
some ground involving a question of law alone, but in that
case and on an application for leave to appeal and on any
proceedings preliminary or incidental to an appeal, shall
not be entitled to be present, except where rules of court
provide that he shall have the right to be present, or where
the Federal Supreme Court gives him leave to be present.
(2) An appellant who does not appear at the hearing
of his appeal by counsel, may present his case and argument
in writing, and any case or argument so presented shall be
considered by the Court.
(3) The power of the Federal Supreme Court to pass
any sentence under these Regulations may be exercised not-
withstanding that the appellant is for any reason not
present.
34. (1) It shall be the duty of the Attorney General of Luty of
the court of wAich an attorneyy
the Territory from the superior court of which an appeal (leera1.
is brought to appear or to instruct counsel to appear for
the Crown on every appeal brought under this Part of these
Regulations.
(2) Provisions shall be made by rules of court for
the transmission to such Attorney General of all such docu-
ments, exhibits, and other things connected with the pro-
ceedings as he may require for the purpose of his duties
under this regulation.








The Federal Supreme Court Regulations, 1958


Duties of 35. (1) The Registrar shall take all necessary steps for
Registrar
with res- obtaining a hearing under this Part of these Regulations
pect to of any appeal or application, notice of which, is given to him
notices of
appeal, etc. under this Part, and shall obtain and lay before the Federal
Supreme Court in proper form all documents, exhibits, and
other things relating to the proceedings in the court before
which the appellant or applicant was tried which appear
necessary for the proper determination of the appeal or
application.
(2) If it appears to the Registrar that any notice of
an appeal against a conviction, purporting to be on a ground
of appeal which involves a question of law alone, does not
show any substantial ground of appeal, the Registrar may
refer the appeal to the Court for summary determination,
and, where the ease is so referred, the Court may, if they
consider that the appeal is frivolous and vexatious, and can
be determined without adjourning the same for a full hearing,
dismiss the appeal summarily, without calling on any per-
sons to attend the hearing or to appear for the Crown thereon.
(3) Any documents, exhibits, or other things connec-
ted with the proceedings on the trial of any person on
indictment, who, if convicted, is entitled or may be autho-
rised to appeal under this Part of these Regulations, shall
be kept in the custody of the court of trial in accordance
with rules of court made for the purpose for such time as
may be provided by the rules, and subject to such power
as may be given by the rules for the conditional release of
any such documents, exhibits, or things from that custody.
(4) The Registrar shall furnish the necessary forms
and instructions in relation to notices of appeal or notices
of application under this Part of these Regulations to any
person who demands the same, and to officers of courts, the
Superintendents of Prisons or other officers in charge of
prisons in each Territory and such other officers or persons
as he thinks fit, and the Superintendent or other officer in
charge of prisons in each Territory shall cause those forms
and instructions to be placed at the disposal of prisoners
desiring to appeal or to make any application under this
Part and shall cause any such notice given by a prisoner in
his custody to be forwarded on behalf of the prisoner to the
Registrar.
(5) The Registrar shall report to the Federal Supreme
Court or some judge thereof any ease in which it appears








The Federal Supreme Court Regulations, 1958


to himi that, although no alpplicationl has been nma(de for the
purpose, a solicitor and counsel, or counsel only, ought to
be assigned to an appellant under the powers given to the
Court by this Part of these Regulations.
36. The powers of the Federal Supreme Court under Pwersm
this Part of these Regulations- be exercised
by a judge
(a) to give leave to appeal, of the
(b) to extend the time within which notice of court.
appeal, or of an application for leave to
appeal may be given,
(c) to assign legal aid to an appellant,
(d) to allow the appellant to be present at any
proceedings in cases where he is not entitled
to be present without leave, or
(e) to admit an appellant to bail,
may be exercised by any judge of the Court in the same
manner and subject to the same provisions as they may be
exercised by the Court; but if the judge refuse an applica-
tion on the part of the appellant to exercise any such power
in his favour, the appellant shall be entitled to have the
application determined by the Court as duly constituted for
the hearing and determination of appeals under this Part
of these Regulations.
37. (1) Where any person is convicted in a superior court Case stated
or question
of a Territory on indictment, the judge may state a case of law
or reserve a question of law for the consideration of the reserved.
Federal Supreme Court and the Federal Supreme Court shall
consider and determine such case stated or question of law
reserved and may either-
(a) confirm the judgment given upon the indict-
ment; or
(b) order that such judgment be set aside and
quash the conviction and direct a judgment
and verdict of acquittal to be entered; or
(c) order that such judgment be set aside, and
give instead thereof the judgment which
ought to .have been given at the trial; or
(d) require the judge by whom such case has
been stated or question has been reserved to
amend such statement or question when
specially entered on the record; or








56 The Federal Supreme Court Regulations, 1958

(e) make such other order as justice requires.
(2) The Federal Supreme Court, wheh a case is
stated or a question of law reserved for their opinion, shall
have power, if they think fit, to cause the case or -certificate
to be sent back for amendment and thereupon the same shall
be amended accordingly.
Provisions 38. Were a case is stated or a question of l'w reserved
of these
Regulations for the consideration of the Federal Supreme Court, the
applicable provisions of regulations 26, 27, 29, 31, 32, 33, 34, paragraphs
ings under (1), (3) and (5) of regulation 35 and regulation 36 of this
gulation Part of these Regulations shall apply to such proceedings
in like manner as to an appeal.
Cas stated 39. In thi.e case of an appeal which involves a question of
court at law alone, the Federal Supreme Court may, if it thinks fit,
rauest of request the superior court from which the appeal is brought
Supreme to state the question together with all the circumstances
Court. under which the said question has arisen in such manner as
may be prescribed by rules of court.
appealss 40. (1) Where a superior court makes an order oi appeal
inferior from an inferior court in a criminal cause or nmattr, any
courts. party to such appeal may appeal to the Federal Supreietl
Court from the order of the superior court-
(a) upon any ground which involves a question
of law alone; or
(I) where the appeal to the superior court is
against an order which disqualifies the appel-
lant from the exercise of his profession oi
calling, from the holding of public office, front
membership of a public body, or from voting
at an election of representatives to any such
body, upon any ground of appeal which
involves a question of fact alone or a question
of mixed law and fact, or any other ground
which appears to the Federal Supreme Court
to be a sufficient ground of appeal.
(2) No appeal shall lie under sub-paragraph (b) of
paragraph (1) of this regulation except with the leave of
the Federal Supreme Court or of the superior court from
which the appeal was brought.
(3) Upon the determination of an appeal under this
regulation, the Federal Supreme Court may affirm or set








The Federal Supreme Court Regulations, 1958 57

aside the order of the superior court and where any such
order is set aside, the Federal Supreme Court may make any
order which ought to have been made at the trial or make
such other order as justice requires.
41. The provisions of regulations 24, 26, 27, 28, 29 and Provisions
31 to 36 inclusive shall apply to the proceedings in any appeal Regulations
brought under regulation 40 subject to the following pplicable
to proceed-
modifications- ings under
regulation
(a) as if the word "appeal" in relation to40.
appeals under regulation 40 referred to an
appeal from the order of a superior court
upon appeal from an inferior court in any
criminal cause or matter;
(b) as if for the words "the date of conviction"
in paragraph (1) of regulation 24 and in
regulation 28, there were substituted the
words "the order of the superior court";
(c) in regulation 35-
(i) as if all words after the words "and to
officers of courts" in paragraph (4) were
omitted;
(ii) as if after the words "the court before
which, the appellant or applicant was
tried" in paragraph (1) there were added
the words "and upon appeal to a superior
court";
(iii) as if for paragraph (3), there were subs-
tituted the following:-
"(3) The provisions of any law in
operation in a Territory relating to the
custody of any documents, exhibits or
other things connected with proceedings
at the trial of any person before an
inferior court pending the determination
of an appeal in such proceedings to a
superior court shall continue to apply
until the expiration of fourteen days
from the determination by the superior
court and in cases where notice of appeal
or leave to appeal to the Federal Supreme
Court is given within fourteen days after








The Federal Supreme Court Regulations, 1958


such determination, then until the
determination of the appeal by the
Federal Supreme Court".
Jurisdiction 42. The jurisdiction conferred on the Federal Supreme
of the
Federal Court under this Part of these Regulations to hear and
Supreme determine appeals, cases stated and questions of law reserved
Court
under Part shall be to the exclusion of the jurisdiction of any other court
III ex- in the Federation.
elusive.
Prerogative 43. Nothing in these Regulations shall affect the pre-
of mercy. rogative of mercy.

PART IV
APPEALS TO PRIVY COUNCIL
Interpreta- 44. In this Part, unless the context otherwise requires-
"appeal" means an appeal to Her Majesty in
Council from a judgment of the Federal Supreme
Court;
"judgment" includes decree, ruling, sentence or
decision.
Right of 45. Subject to the provisions of this Part of these
appeal from
Federal Regulations and rules of court, an appeal shall lie-
Supreme
Court to (a) as of right, from any final judgment of the
Privy Federal Supreme Court, where the amount
in dispute on the appeal amounts to or is of
the value of $1,440 (300) or upwards,
or where the appeal involves, directly
or indirectly, some claim or question
to or respecting property or some civil right
amounting to or of the value of $1,440 (300)
or upwards; or
(b) at the discretion of the Federal Supreme
Court, from any other judgment of the
Federal Supreme Court, whether final or
interlocutory, if, in the opinion of the Federal
Supreme Court, the question involved in the
appeal is one which by reason of its great
general or public importance, or otherwise,
ought to be submitted to Her Majesty in
Council for decision.








The Federal Supreme Court Regulations, 1958 59

46. Applications to the Federal Supreme Court for Applications
leave to appeal shall be made by motion or petition within o appeal.
twenty-one days from the date of the judgment to be
appealed from, and the applicant shall give the opposite
party notice of his intended application.
47. Leave to appeal under regulation 45 of these Regu-Conditional
lations shall only be granted by the Federal Supreme Court appeal.
in the first instance-
(a) upon condition of the appellant, within a
period to be fixed by the Federal Supreme
Court, but not exceeding three months from
the date of the hearing of the application
for leave to appeal, entering into good and
sufficient security, to the satisfaction of
the Federal Supreme Court, in a sum not
exceeding $2,400 (500), for the due prosecu-
tion of the appeal, and the payment of all
such costs as may become payable to the
respondent in the event of the appellant
not obtaining an order granting him final
leave to appeal, or of the appeal being
dismissed for non-prosecution, or of the
Judicial Committee ordering the appellant
to pay the respondent's costs of the appeal
(as the case may be); and
(b) upon such other conditions (if any as to
the time or times within which the appellant
shall take the necessary steps for the pur-
pose of procuring the preparation of the
record and the despatch thereof to England
as the Federal Supreme Court, having regard
to all the circumstances of the case, may think
it reasonable to impose.
48. Where the judgment appealed from requires the tay of
appellant to pay money or perform a duty, the Federal Execution.
Supreme Court shall have power, when granting leave to
appeal, either to direct that the said judgment shall be
carried into execution or that the execution thereof shall
be suspended pending the appeal, as to the Federal Supreme
Court shall seem just, and in case the Court shall direct the
said judgment to be carried into execution, the person in








60 The Federal Supreme Court Regulations, 1958

whose favour it was given shall, before the execution there-
of, enter into good and sufficient security, to the satisfaction
of the Court for the due performance of such order as Her
Majesty in Council shall think fit to make thereon.
Preparation 49. The preparation of the record shall be in
S accordance with rules of court and shall be subject to the
supervision of the Federal Supreme Court, and the parties
may submit any disputed question arising in connection
therewith to the decision of the Court, and the Court shall
give such directions thereon as the justice of the case may
require.
Judges' 50. The reasons given by the judge, or any of the
reasons. judges, for or against any judgment pronounced in the
course of the proceedings out of which the appeal arises
shall by such judge or judges be communicated in writing
to the Registrar, and shall by him be transmitted to the
Registrar of the Privy Council at the same time when the
record is transmitted.
Final leave 51. Upon application by an appellant who has com-
to appeal. plied with the conditions upon which leave to appeal has
been given under regulation 47, the Federal Supreme Court
may grant final leave to appeal and the appellant shall
thereupon prosecute his appeal in accordance with the rules
for the time being regulating the general practice and pro-
cedure in appeals to Her Majesty in Council.
Taxation 52. Where the Judicial Committee directs a party to
of costs bear the costs of an appeal incurred in the Federation such
costs shall be taxed by the proper officer of the Federal
Supreme Court in accordance with the rules for the time
being regulating taxation in that Court.
Enforce- 53. Any order which Her Majesty in Council may thifik
order of fit to make on an appeal from a judgment of the Federal
Privy Supreme Court shall be executed by all courts in like man-
ouncil. ner as any original judgment of the Federal Supreme Court
should or might have been executed.
Powers of 54. All or any of the powers and functions of the
Federal
Supreme Federal Supreme Court under this Part of these Regulations
Court except the exercise of discretion under paragraph (b) of
exercisable
by a single regulation 45 may be exercised by any judge of that Court:
judge. Provided that any judgment of a judge under this
regulation may be varied, discharged or reversed by that








IicTe Federal Suprc-mc Court regulations, 1958


Court consisting of three judges which may include the
judge who gave a judgment under this regulation.
55. (1) (a) The Chief Justice of the Federation and any Practice
two other judges of the Federal Supreme Court selected by cedlUe on
him may make rules of court regulating the practice and appeaLs to
Privy
procedure of the Federal Supreme Court in relation toCouncil.
appeals to Her Majesty in Council.
(b) Without prejudice to the generality of sub-
paragraph, (a) of this paragraph, rules of court may be made
for any of the following purposes-
(i) the preparation and transmission of the
record and the case;
(ii) the consolidation of appeals;
(iii) withdrawal of appeals before despatch
of the record to England;
(iv) failure to prosecute appeal prior to
despatch of the record to England;
(v) change of parties;
(vi) the contents and form of the case of a
party to an appeal.
(2) The rules set out in the Schedule to these Regula-
tions shall be deemed to be rules of court made under this
regulation and may be amended or revoked in like manner as
rules of court.

PART V
TRANSITIONAL PROVISIONS
56. (1) Where in any civil cause or matter referred to Provision
in sub-paragraphs (a), (b), (c), (d) or (e) of paragraph endig
(2) of regulation 15, notice of appeal from the order of civil
Full Court or a judge of a superior court to any other courtcas
in the Federation has been given before the date on which
these Regulations come into force, but that appeal has not,
before that date, been part-heard or determined before such
last mentioned court, that appeal shall be heard and deter-
mined by the Federal Supreme Court and all proceedings
thereon subsequent to that date shall be conducted as if that
appeal were on appeal to the Federal Supreme Court under
these Regulations.








62 The Federal Supreme Court Reguiations, 1958

(2) Any other appeal in any civil cause or matter in
respect of which notice of appeal has been given before
that date shall be heard and determined, and all further
proceedings shall be taken thereon, as if these Regulations
had not been made.
(3) The records, documents and exhibits in any appeal
to which the provisions of paragraph (1) of this regulation
apply, shall be transmitted by the officer having custody
thereof to the Registrar or to a deputy registrar of the
Federal Supreme Court in accordance with instructions to
be given by the Registrar.

Made this 21st day of January, 1958.

HAILES,
Governor-General.









Thc Federal Supreme Court Regulations, 1958 63


SCHEDULE
FIRST PART
1. (a) The Registrar, as well as the parties, their counsel and Exclusion
solicitors, shall endeavour to exclude from the Record all documents from Record
(more particularly such as are merely formal) that are not relevant to ftirrelevant
the subject-matter of the appeal, and generally to reduce the bulk of
the Record as far as practicable, taking, special care to avoid duplica-
tion of documents and the unnecessary repetition of headings and other
merely formal parts of documents; but the documents omitted to be
copied or printed shall be enumerated in a list to be placed after the
index or at the end of the Record.
(b) Where in the course of the preparation of the Record one
party objects to the inclusion of a document on the ground that it is
unnecessary or irrelevant, and the other party nevertheless insists upon
its being included, the Record, as finally printed (whether in any Terri-
tory or Colony or in England), shall, with a view to the subsequent
adjustment of the costs of and incidental to such document, indicate in
the index of papers, or otherwise, the fact that. and the party by whom,
the inclusion of the document was objected to.
'2. (1) Where the Record is printed in a Territory or Colony, Transmis-
the Registrar shall, at the expense of the appellant, transmit to the 'cod.
Registrar of the Privy Council forty copies of such Record, one of
which copies he shall certify to be correct by signing his name on, or
initialling, every eighth page thereof and by affixing thereto the seal
of the Court.
(2) Where the Record is to be printed in England, the Regis-
trar shall, at the expense of the appellant, transmit to the Registrar of
the Privy Council one certified copy of such Record, together with an
index of all the papers and exhibits in the case. No other certified
copies of the Record shall be transmitted to the agents in England by
or on behalf of the parties to the appeal.
(3) Where part of the Record is printed in a Territory or
Colony and part is to be printed in England, subsections (1) and (2)
of this rule, shall, as far as practicable, apply to such parts as are
printed in a Territory or Colony and such as are to be printed in
England respectively.
(4) The Registrar shall, with all convenient speed, transmit
to the Registrar of the Privy Council a certificate to the effect that the
respondent has received due notice of the admission of the appeal and
of the transmission of the Record to England.
3. Where there are two or more applications for leave to appeal Consolida-
arising out of the same matter, and the Court is of opinion that it tion of
would be for the convenience of the Lords of the Judicial Committee appeals.
and all parties concerned that the appeals shall be consolidated, the
Court may direct the appeals to be consolidated and grant leave to
appeal by a single order.
4. (1) Where an appellant, having obtained an order granting proseteo
him conditional leave to appeal, and having complied with the condi- appeal.









64 'The Federal Supreme Court Reqgulalhons. 195,


tions imposed on him by such order, fails thereafter to apply with due
diligence to the Federal Supreme Court for an order granting him final
leave to appeal, the Court may, on an application in that behalf made
by the respondent rescind the order granting conditional leave to appeal,
notwithstanding the appellant's compliance with the conditions imposed
by such order, and may give such directions as to the costs of the
appeal and the security entered into by the appellant as the Court shall
think fit, or make such further or other order in the premises as, in
the opinion of the Court, the justice of the case requires.
(2) Where an appellant, having obtained final leave to appeal,
fails to show due diligence in taking all necessary steps for the purpose
of procuring the despatch of the Record to England, the respondent
may, after giving the appellant due notice of his intended application,
apply to th.e Federal Supreme Court for a certificate that the appeal
has not been effectually prosecuted by the appellant, and if the Court
sees fit to grant such certificate, the appeal shall be deemed, as from
the date of such certificate, to stand dismissed for non-prosecution
without express order from Her Majesty in Council, and the costs of
the appeal and the security entered into by the appellant shall be dealt
with in such manner as the Court may think fit to direct.
(3) On an application for final leave to appeal the Federal
Supreme Court may inquire whether notice, or sufficient notice, of the
application has been given by the appellant to all parties concerned.
iand, if not satisfied as to the notices given, may defer the granting of
the final leave to appeal, or may give such other directions in the matter
as in the opinion of the Court the justice of the case requires.
Withdrawal 5. (1) An appellant who has obtained an order granting him
of appeal. conditional leave to appeal may at any time prior to the making of an
order granting him final leave to appeal withdraw his appeal on such
terms as to costs and otherwise as the Federal Supreme Court may
direct.
(2) Where an appellant, having obtained final leave to appeal,
desires, prior to the despatch of the Record to England, to withdraw
his appeal, the Federal Supreme Court may, upon application in that
behalf made by the appellant, grant him a certificate to the effect that
lie appeal has been withdrawn, and the appeal shall thereupon be
deemed, as from the date of such certificate, to stand dismissed without
express Order of Her Majesty in Council, and the costs of their appeal and
the security entered into by the appellant shall be dealt with in such
manner as the Federal Supreme Court may think fit to direct.
Change of 6. (1) Where at any time between the order granting final leave
Parties. to appeal and the despatch of the Record to England the Record becomes
defective by reason of the death, or change of status, of a party to the
appeal, the Federal Supreme Court may, notwithstanding the order
granting final leave to appeal, on an application in that behalf made, by
any person interested, grant a certificate showing who, in the opinion
of the Court, is the proper person to be substituted or entered on the
Record in place of, or in addition to, the party who has died or under-









Tihe Federal Supreme Court Regulattions, 1958 65


gone a change of status, and the name of such person shall thereupon
be deemned to be so substituted or entered on the Record as aforesaid
without express Order of Her Majesty in Council.
(2) Where the Record subsequently to its despatch to Engand
becomes defective by reason of the death, or change of status, of a party
14 Ihe appeal, the Federal Supreme. Court shall, upon an application in
1hat behalf made by any person interested, cause a certificate to be
transmitted to the Registrar of the Privy Council showing who, in the
opinion of the Court, is the proper person to be substituted, or entered,
on the Record, in place of, or in addition to, the party who has died or
undergone a change of status.
7. The Case of each party to an appeal shall be lodged with the rhc con-
liegistrar of the Privy Council and shall state as concisely as possible tents of the
ithe circumstances out of which the appeal arises, the contention to be Case,
argued by the party lodging the same, and the reasons of appeal.
S. (1) The Case of each party to the appeal may be printed The form
either in a Territory or a Colony or in England, and shall, in eitherf the Case.
event, be printed in accordance with the rules set fortji in rules 9, 10
and 11 of the Second Part of this Schedule, every tenth line thereof
being numbered in the margin, and shall be signed by at least one of
the Counsel who attends at the hearing of the appeal, or by the party
himself if he conducts his appeal in person.
(2) References in the Case by page and line to relevant por-
tions of the Record as printed, shall, as far as practicable, be printed
in the margin, and care shall be taken to avoid, as far as possible, the
reprinting in the Case of long extracts from the Record. The Taxing
Officer, in taxing costs of the appeal, shall, either of his own motion or
at the instance of the opposite party, inquire into any unnecessary
prolixity in the Case, and shall disallow the costs occasioned thereby.

SECOND PART
9. The Record may be printed either in England or in any
Territory or Colony from a superior court of which an appeal lies lo
Ile Federal Supreme Court and shall be printed in accordance with tlhe
rules contained in this part of this Schedule.
10. All Records and other proceedings in appeals or other
matters pending before IHer Majesty in Council or the Judicial Commiiittee
which are required by these Rules to be printed shall be printed in the
form known as Demy Quarto.
11. The size of the paper usei'd shall be siuh hat thlie shee1,
when folded and trimmed. will be 11 inches in height and 81/, inches
in width.
12. The type to he used in the text shall be 'ica type, but Long
Primer shall be used in printing accounts, tabular matter and notes.
The number of lines in each page of Pica type shall be 47 or thereabouts,
and every tenth line shall be numbered in the margin.








66 The Federal Supreme Court Regulations, 1958


13. Records shall he arranged in Iwo( groups in the same
volume, where practicable, viz:-
Group I. The pleadings andl proceedings, the transcript of
the evidence of the witnesses, the judgments, decrees,
etc., of the courts below, down to the order admitting
the appeal.
Group II The exhibits and documents.
14. The Index to Group I shall be in chronological order, and
shall be placed at the beginning of the volume.
The Index to Group II shall follow the order of the exhibit mark,
and shall be placed immediately after the. Index to Group I.
15. Group I shall be arranged strictly in chronological order,
i.e., in the same order as the Index.
Group II shall be arranged in the most convenient way for the
use of the Judicial Committee, as the circumstances of the case require.
The documents shall be printed as far as suitable in chronological order,
mixing plaintiff's and defendant's documents together when necessary.
Each document shall show its exhibit mark, and whether it is a plain-
tiff's or defendant's document (unless this is clear from the exhibit
mark) and in all cases documents relating to the same matter, such as:-
(a) a series of correspondence, or
(b) proceedings in a suit other than the one under appeal
shall be kept together.
The order in the Record of the documents in Group II will
probably be different from the order of the Index, and the proper page
number of each document shall be inserted in the printed Index.
The parties will be responsible for arranging the Record in pro-
per order for the Judicial Committee, and in difficult cases Counsel may
be asked to settle it.
16. The documents in Group I shall be numbered consecutively.
The documents in Group II shall not be numbered apart from the
exhibit mark.
17. Each document shall have a heading which shall consist of the
number of the exhibit mark and lthe description of the document in the
Index, without the date.
18. Each document shall have a. marginal note which shall be
repeated on each page over which the document extends, viz:-
Group I
(a) Where the case has been before more than one court,
the short name of the court shall first appear. Where
the case has been before only one court, the name of
the court need not appear.
(b) The marginal note of the document shall then appear
consisting of the number and the description of the
document in the. Index, with the date, except in the
case of oral evidence.









The Federal Suprleme Court Regulations, 1958


(c) In the case of oral evidence, "Plaintiff's evidence" or
"Defendant's evidence." shall appear beneath the name
of tile court, and then the marginal note consisting
of the number in the Index and the witness's name
with "examination", "cross-examination", or "re-
examination", as the case may be.
Group II
The word "Exhibits" shall first appear.
The marginal note of the exhibit shall then appear
consisting of the exhibit mark and the description of
the document in the Index, with the date.
19. The parties shall agree to the omission of formal and
irrelevant documents, but the description of the document may appear
(both in the Index and in the Record), if desired, with the words "not
printed" against it.
A long series of documents, such as accounts, rent rolls, inven-
tories, etc., shall not be printed in full, unless Counsel so advise, but
the parties shall agree to short extracts being printed as specimens.
:20. In cases where maps sent from abroad are of an inconvenient
size or unsuitable in character, the appellant shall, in agreement with
the respondent, prepare in England, from the materials sent from abroad,
maps drawn properly to scale and of reasonable size showing, as far as
possible, the claims of the respective parties, in different colours.








68 The Appropriation Regulations, 1958


THE WEST INDIES


REGULATIONS No. 4 of 1958.


THE APPROPRIATION REGULATIONS, 1958.

Made by the Governor-General under section 2 of the
West Indies (Federation) Order in Council, 1957.


ARRANGEMENT OF REGULATIONS

Regulation
1. Short title.
2. $7,772,651 appropriated out ofl public fluds.


His Excellency the (overnor-Oeneral in exercise of the
powers conferred on him under section 2 of the West Indies
(Federation) Order in Council, 1957, and of all other powers
him thereunto enabling hereby makes the following regu-
lations:-
1. These Regulations may be cited as the Appropriation
Regulations, 1958.


Short title.








The Appropriation Regulations, 1958 69

2. The Financial Secretary may issue out of the public $7,772,681
appropriated
funds of the Federation on the warrant of the Governor-out of public
General and apply towards the service of the year ending funds.
on the thirty-first day of December, one thousand nine
hundred and fifty-eight the sum of seven million, seven
hundred and seventy-two thousand, six hundred and eighty-
one dollars, which sum is appropriated and shall be deemed
to have been appropriated as from the third day of January,
one thousand nine hundred and fifty-eight for the services
and purposes set out in the schedule to these Regulations.

Made this 21st day of January, 1958.

HAILES
Governor-General.


SCHEDULE


I
II
III
IV
V
VI
VII
VIII
IX
.
XI
XII
XIII
XIV
XV
XVI
XVII


Governor-General .. .. .. $ 235,272
Supreme Court .. .. .. 106,040
Legislature .. .. .. .. 492,440
Audit .. .. .. .. 9,600
Secretariat .. .. .. 133,050
Law Officers .. .. .. 46,895
Prime Minister .. .. .. 184,892
Finance .. .. 82,610
Trade and Industries .. .. 29,650
Communications and Works .. .. 5,170
Agriculture .. .. .. .. 45,230
Social Affairs .. .. .. 56,970
Miscellaneous .. .. .. 497,280


Overseas Commissions--United Kingdom
Overseas Commissions-Canada
Overseas Commissions-Venezuela
Overseas Commissions--Students Services
U.S.A.


362,023
115,064
1

27,014







70 The Appropriation Regulations, 1958


SCHEDULE-(Continued).


Meteorological Services
Regional Contributions and Services
Trade and Tariffs Commission ..
Colonial Development and Welfare
Special Contingencies
Expenses-Federal Capital


XVIII
XIX
XX
XXI
XXII
XXIII


227,268
. 4,628,130
23,172
64,910
150,000
250,000

$7,772,681








































































Printed by Yuille's Printerie Limited, Port-of-Spain, Trinidad,
By Authority.



























THE WEST INDIES GAZETTE


Vol. 1 FRIDAY 31st JANUARY, 1958. No. 7.


LEGAL SUPPLEMENT


PART II-STATUTORY INSTRUMENTS


TABLE OF CONTENTS


No:

3 of 1958

4 of 1958


Page


Proclamation bringing the Federal Supreme
Court Regulations, 1958, into operation

Proclamation bringing article 88 of the
Constitution into force


3. i 7 l 7
C 5a-29j

te7p







Proclamation by tef (;Governor-General.


THE WEST INDIES


STATUTORY INSTRUMENT No. 3 of 1958.


P RO L A.M A T IO N


By His Excellency The Right Honourable
[L.S.] The.Lord Hailes, Member of Her Majesty's
Most Honourable Privy Council, Knight
Grand Cross of the Most Excellent Order
of the British Empire, Governor-General and
Commander-in-Chief of THE WEST INDIES.
etc., etc., etc.,

HAILES

Governor-General.


WHEREAS by paragraph (1) of regulation 1 of The Federal
Supreme Court Regulations, 1958 it is provided that these regulations
shall not come into operation until such day as I shall by proclamation
appoint, and that different dates may be appointed for different
provisions:
AND WHEREAS it is expedient that such regulations shall come
into operation on the seventeenth day of February, one thousand nine
hundred and fifty-eight:
NOW THEREFORE by virtue of the power and authority in me
vested I do hereby appoint the seventeenth day of February, one
thousand nine hundred and fifty-eight as the day on which the Federal
Supreme Court Regulations, 1958 shall come into operation.


Given under my hand and the public seal
of the Federation this twenty-first day
of January, one thousand nine hundred
and fifty-eight in the Sixth Year of
Her Majesty's reign.


GOD SAVE THE QUEEN.


By His Excellency's Command,

M. S. STAVELEY


Acting Secretary to the Governor-General.








Proclamation by the Governor-General. 7



THE WEST INDIES


STATUTORY INSTRUMENT No. 4 of 1958.


PROCLAMATION


By His Excellency The Right Honourable
[L.S.] The Lord Hailes, Member of Her Majesty's
Most Honourable Privy Council, Knight
Grand Cross of the Most Excellent Order
of the British Empire, Governor-General and
Commander-in-Chief of THE WEST INDIES.
etc., etc., etc.,

HAILES

Governor-General.


WHEREAS by subsection (3) of section 1 of the West Indies
(Federation) Order in Council, 1957 it is provided that certain provisions
of the Constitution (being the provisions other than those mentioned in
subsection (2) of the said section) shall not come into force until such
date as the Governor-General may by proclamation appoint, and that
different dates may be appointed with respect to different provisions:
AND WHEREAS by the said subsection (3) it is further provided
that article 88 of the Constitution shall not come into force in relation
to any Territory until such date as the Governor-General may appoint
for that Territory being a date not earlier than the commencement of
a law made in pursuance of article 83 of the Constitution and conferring
jurisdiction on the Federal Supreme Court to hear and determine
appeals in civil matters from any superior court of that Territory:
AND WHEREAS the Federal Supreme Court Regulations, 1958 are
such a law as aforesaid conferring jurisdiction on the Federal Supreme
Court to hear and determine appeals in civil matters from superior
courts of all Territories comprised in the Federation of The West Indies:
AND WHEREAS it is provided by regulation 1 of the Federal
Supreme Court Regulations, 1958 that such regulations shall come into
operation on such day as I shall by proclamation appoint:
AND WHEREAS I have by proclamation appointed the seventeenth
day of February, one thousand nine hundred and fifty-eight as the day
on which the Federal Supreme Court Regulations, 1958 shall come into
force:
AND WHEREAS it is expedient that article 88 of the Constitution
shall come into force on the said seventeenth day of February, one
thousand nine hundred and fifty-eight:
NOW THEREFORE by virtue of the power and authority in me
vested I do hereby appoint the seventeenth day of February, one thousand







Proclamation by the Governor-General.


nine hundred and fifty-eight as the day on which article 88 of the
Constitution shall come into force in respect of all Territories comprised
in the Federation of The West Indies.


Given under my hand and the public seal
of the Federation this twenty-first day
of January, one thousand nine hundred
and fifty-eight in the Sixth Year of
Her Majesty's reign.


GOD SAVE THE QUEEN.


By His Excellency's Command,

M. S. STAVELEY

Acting Secretary to the Governor-General.






























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By Authority.




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