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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/UF00076857/00008
 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: February 14, 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: VID00008
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 15
        Page 16
        Page 17
        Page 18
    Legal Supplement
        A-71
    Legal Supplement: pt.1 Acts of the Federal Legislature (Regulations no. 5 of 1958): Legislature (Appointment, Election and Membership Controversies) Regulations, 1958
        A-72
        A-73
        A-74
        A-75
        A-76
        A-77
        A-78
        A-79
        A-80
        A-81
        A-82
        A-83
        A-84
        A-85
        A-86
        A-87
        A-88
        A-89
        A-90
        A-91
        A-92
        A-93
        A-94
    Legal Supplement: pt.1 Acts of the Federal Legislature (Regulations no. 6 of 1958): Office of Profit Disqualitication (Exemption) Regulations, 1958
        A-95
        A-96
        A-97
        A-98
    Legal Supplement: pt.2 Statutory Instruments (no. 5 of 1958): Proclamation bringing the Office of Profit Disqualification (Exemption) Regulations, 1958, into force
        B-9
        B-10
Full Text





















The West Indies


VOL. 1


TABLE OF CONTENTS \
GAZETTE NOTICES \
SUBJECT MATTER PAGE NO. Su "c

ents in Federal Public Service ... 15 15 Appointments in Federal ee
ents in Federal Public Service ... 16 16 Governor-General's Tour
ents in Federal Public Service ... 16


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


No.

5 of 1958 The Legislature (Appointment,
Election and Membership Contro-
versies) Regulations, 1958 ...


PAGE No.

6 of 1958 The Office of Profit
tion (Exemption)
72 1958 ...


PART II-STATUTORY INSTRUMENTS


No.


PAGE


5 of 1958 Proclamation bringing the Office of
Profit Disqualification (Exemp-
tion) Regulations, 1958, into force 10


APPOINTMENTS TO THE FEDERAL PUBLIC SERVICE


THE Federal Secretary acting under the powers conferred on him by the Appointments in the Public Service
(Delegation) Regulations, 1958 has, after consultation with the temporary Public Service Commission,
appointed on secondmqnt from the service of the government of the territory mentioned in the first column of
the following list each of the persons named in the second column of the list to the office specified opposite to
that person in the third column with effect from the date specified in the fourth column.


Seconding
Territory
British Guiana ...
Trinidad ...
Jamaica ...
Trinidad ...
Jamaica ...
Grenada ...
St. Vincent ...
Antigua ...
Antigua ...
British Guiana ...
Barbados ...
Trinidad ...
St. Lucia
Trinidad ..
Antigua ...


Officer's Name

... Alert, Carlton ...
... Chen, Kenneth ...
... Edwards, Alvin ...
... Pilgrim, Irma ...
... Rattray, Kenneth
... Renwick, Gordon
... Robinson, Richard
... Taylor, Alan ...
... Todman, McWelling
... Alexander, Winifred
... Barrow, Nevick ...
... Cambridge, Mildred
... Darcheville, Joan
... Ferreira, Adrian
... Gilkes, Lionel ...


Office

Administrative Assistant
Administrative Assistant
Administrative Assistant
Reference Librarian
Administrative Assistant
Administrative Assistant
Administrative Assistant
Administrative Assistant
Administrative Assistant
Clerical Officer, I
Clerical Officer, I
Clerical Officer, I
Clerical Officer, I
Clerical Officer, I
Clerical Officer, I


Effective date
of Appointment
20.1.58
3.1.58
3.1.58
13.1.58
3.1.58
3.1.58
21.1.58
3.1.58
3.1.58
6.1.58
3.1.58
3.1.58
3.1.58
3.1.58
3.1.58


C-c 5a~-y


12 Appointm
13 Appointm
14 Appointm


/ PAGE

... 16
... 17


PAGE


Disqualifica-
Regulations,


... 95









THE WEST INDIES GAZETTE


[Feb. 14, 1958]


12-Continued


APPOINTMENTS TO THE, FEDERAL PUBLIC, SERVICE-Continued


Seconding
Territory
Trinidad ...
Trinidad ...
British Guiana ...
Antigua ...
Antigua ...
Barbados ...
Barbados ..
St. Vincent ...
Jamaica ...
Trinidad ...
Grenada ...
Antigua
British Guiana ..
Barbados
Antigua
Trinidad
Trinidad
Dominica ...
. Barbados
St. Vincent ...
,Grenada .....


Officer's N4me


... Caesar, Lucille ...
... Cross, Patricia ...
... Williams, Verna
... Carmichael, Vera
... Derrick, Gloria ...
...Griffith, Basil ...
... Hinds,, Rudolph...
... Proscod, Cynthia
... Simpson, Lois ...
... Austin, Myra ...
... Buxo; Palme ...
... Charles, Amelia ...
... Cox, Eileen
... Farinha, Norma
... Henry, Almeria ...
... Jordan, Yvonne
... Knight, Liris
... Lewis, Phyllis ...
... Thompson, Evril
... Vanloo, Myrna ...
... Wilson, Dora. ...


Office


Secretary-Stenographer
Secretary-Stenographer
Secretary-Stenographer
Clerical Officer, II
Clerical Officer, II
Clerical Officer, II
Clerical Officer, II
Clerical Officer, II
Clerical Officer, II
Stenographer ...
Stenographer ...
Stenographer ...
Stenographer ...
Stenographer ...
Stenographer ...
Stenographer ...
Stenographer ...
Stenographer ...
Stenographer ...
Stenographer ...
Stenographer ..


Effective date
of Appointment
3.1.58
3.1.58
6.1.58
16.1.58
3.1.58
3.1.58
3.1.58
28.1.58
3.1.58
3.1.58
3.1.58
3.1.58
6.1.58
3.1.58
3.1.58
1.2.58
3.1.58
3.1.58
1.2.58
3.1.58
3.1.58


THE Federal Secretary acting under the powers conferred on him by the Appointments in the Public Service
(Delegation) Regulations, 1958 has, after consultation with the temporary Public Service Commission,
appointed each of the persons named, in the first column of the following list to the office specified opposite to
that person in the second column with effect from the date specified in the third column.


Officer's Name


Armstrong, Eric ..
Byam, Leo ... .
Taylor, :Stanley
Barrow, Jean
Pilgrim, Gloria
Drakes, Beryl (Mrs.)...


Office

.... Administrative Assistant
... ... Press Assistant ...
... Administrative Assistant
Stenographer ...
... ... Stenographer ...
... Clerical Officer, II ...


Effective date
of Appointment
... ... .1.58
22.1.58
... 3.1.58
... 3.1.58
... 3.1.58
... ... 3.1.58


His EXCELLENCY THE GOVERNOR-GENERAL has, after consultation with the temporary Public Service Com-
mission, appointed each of the persons named in the first column of the following list to the office specified
opposite to that person in the second column with effect from the date specified in the third column.


Officer's Name


Office


Milliken, Morris
Richardson, William
Staveley, Martin
Straw, Kenneth
Williams, Merlyn


...... Agricultural Economist
...... Federal Information Officer
... ... Senior Assistant Secretary
... ... Senior Economist ...
... ... ... Federal Architect ...


Effective date
of Appointment
... ... 27.1.58
... ... 3.1.58
... ... 3.1.58
. ... 3.1.58
. ... 7.2.58


His EXCELLENCY THE GOVERNOR-GENERAL has, after consultation with the temporary Public Service Com-
mission, appointed on secondment from the service of the government of the territory mentioned in the first
column of the following list each of the persons named in the second column of the list to the office specified
opposite to that person in the third column with effect from the date specified in the fourth column.


Seconding
Territory
Trinidad ...
Jamaica ...
Barbados ...
Trinidad ...
Montserrat ...
Jamaica
Trinidad ...
British Guiana ...
St. Lucia ...
Jamaica ...
Trinidad ...
Barbados ...
Dominica


Officer's Name

... Blache-Fraser, Louis ...
... Maynier, Earle ... ...
... de Freitas, Denis ...
...Clarke, Robert ... ...
... Henry, Oscar ..
... McMorris, Clive... .
... Moosai-Maharaj, Stephen...
... Reis, Eustace ... .
... Augier, Kenneth ...
... Clarke, Dudley ... .
... Clarke, Joseph ... .
... Daniel, Rudolph... .
... Josse, Victor ... .


Office

Financial Secretary ...
Permanent Secretary ...
Legal Draughtsman ...
Registrar, Federal Supreme
Senior Assistant Secretary...
Senior Assistant Secretary...
Senior Assistant Secretary...
Senior Assistant Secretary...
Assistant Secretary ...
Assistant Secretary ...
Assistant Secretary ...
Assistant Secretary ...
Assistant Secretary ...


Effective date
of Appointment
... 3.1.58
... 3.1.58
3.1.58
Court... 3.1.58
... 1.2.58
... 3.1.58
... 1.2.58
... 30.1.58
... 3.1.58
... 14.1.58
... 1.2.58
... 3.1.58
... 3.1.58


~L~








:[Feb. 14, 1958] THE WEST INDIES GAZETTE 17

16
GOVERNOR-GENERAL'S TOUR

His EXCELLENCY THE GOVERNOR-GENERAL returned to Port-of-Spain today from Barbados after completing
the first part of his official tour of The West Indies. His Excellency, accompanied by Her Excellency, will
resume his tour on 21st February when he leaves Port-of-Spain for Jamaica on board H.M.S. Troubridge.
Their Excellencies will return to Port-of-Spain on 4th March.

Mr. J. S. Mordecai, C.M.G., Federal Secretary, will continue in office as Governor-General's Deputy during
His Excellency's absence from Trinidad in accordance with the terms of the warrant of appointment published
.as Gazette Notice No. 9 in The West Indies Gazette of 21st January, 1958.


GOVERNMENT PRINTING OFFICE, TRIN:DAD, B.W.I.-1958

























THE WEST INDIES GAZETTE


Vol. 1 FRIDAY 14th FEBRUARY, 1958. No. 8


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
5 of 1958 The Legislature (Appointment, Election and Membership
Controversies) Regulations, 1958 72
6 of 1958 The Office of Profit Disqualification (Exemption)
Regulations, 1958 95






X

9 5 79g








72 The Legislature (Appointoment, Election and Membership Controversies)
Regulations, 1958


THE WEST INDIES


REGULATIONS No. 5 of 1958.


THE LEGISLATURE (APPOINTMENT, ELECTION
AND MEMBERSHIP CONTROVERSIES)
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. Interpretation.

PART I DISPUTED APPOINTMENTS AND ELECTIONS
3. Method of questioning appointment or election.
4. Presentation and service of representation petition.
5. Time for presentation or amendment of representation petition.
6. Security for costs.
7. Notice of presentation and security and copy of petition to be served
on respondent.
8. Objections to security.
9. Petition at issue.
10. Trial of petition.
11. Witnesses.
12. Power of court to summon witnesses at its own instance.
13. Witnesses' expenses.
14. Production of election documents.







The Legislature (Appointment, Election and IMembership Controversies) 73
Regulations, 1958

15. Conclusion of trial of representation petition.
16. Special case for determination of Supreme Court.
17. Withdrawal of petition.
18. Evidence required for withdrawal of petition.
19. Punishment for corrupt withdrawal.
20. Substitution of new petitioner.
21. Report on withdrawal.
22. Abatement of petition.
23. Withdrawal and substitution of respondents before trial.
24. Costs of petition.
25. Further provision as to costs of petition.
26. Jurisdiction.

PART II DISPUTED VACANCIES.
27. Reference of questions as to vacancy in Senate or House.
28. Contents, delivery and service of vacancy petition.
29. Security for costs.
30. Service of reference.
31. Parties to the petition.
32. Application of provisions of Part I.
33. Determination of vacancy petition.

PART III SPEAKER'S ELECTION AND VACATION
OF OFFICE
34. Reference of questions as to election of Speaker or vacation of his
office.
35. Delivery of reference.
36. Security for costs.
37. Parties to a reference.
38. Determination of reference.

PART IV MISCELLANEOUS
39. Powers under regulations exercisable by single judge.
40. Service of notices.
41. Costs.
42. Rules of procedure.
43. Powers of court.
44. Other courts to refer all questions under article 42.



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:-
1. These Regulations may be cited as the Legislature Short title.
(Appointment, Election and Membership Controversies)
Regulations, 1958.






74 The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958
Interpreta- 2. (1) In these Regulations, unless the context otherwise
requires-
"appropriate law" means the law governing the
election to which the petition relates;
"candidate" means a person who is elected to
serve in the House of Representatives at an
election, or is declared by himself or by others to
be a candidate on or after the day of the issue
of the writ for an election, or after the dissolution
or vacancy in consequence of which the writ was
issued:
Provided that where a person has been declared
by others to be a candidate at an election without
his consent, nothing in these Regulations shall be
construed to impose any liability on that person,
unless he has afterwards given his assent to the
declaration or has been nominated;
"costs" includes charges and expenses;
"election" means an election of a member or
members to serve in the House of Representatives
for an electoral area;
"insufficient return" means a return of less
persons than the number of-
(a) seats to be filled at the election for which the
writ was issued, and
(b) persons nominated at the said election.
(2) In these Regulations any reference to-
(a) a corrupt practice shall-
(i) in relation to the Territory of Barbados,
be construed according to the appropriate
law of that Territory;
(ii) in relation to any other Territory, be
construed as meaning the offences of
bribery, undue influence, treating, person-
ation and the aiding, abetting, counselling
or procuring the commission of the
offence of personation, and any such
reference to any of the offences aforesaid
shall be construed in accordance with the
appropriate law;







IThe Legislature (Appoi ntminctt, Election and Membership Controversies) 75
Regulations, 1958

(1.) ;n illegal practice shall he construed according
to the appropriate law.
(3) In these Regulations any reference to-
(a) illegal payments, employment or hirings
shall have effect only when the appropriate
law makes provision for payments, employ-
ments or hiring to be illegal,
(1) election agent shall have effect only when the
appropriate law makes provision for the
appointment of election agents,
and in such cases the references shall be construed according
to the appropriate law.

PART I
DISPUTED APPOINTMENTS AND ELECTIONS
3. (1) Any question whether any person has been validly Method of
appointed as a nmembner of the Senate or validly elected as a appointment
mnembler of the House of Representatives shall be referred to or election.
and determined bv the Supreme Court in accordance with
the provisions of these Regulations.
(2) Every such reference shall be by a petition (here-
inafter referred to as a representation petition) presented to
the court in accordance with the provisions of this Part of
these Regulations.
(3) A petition complaining of no return or an insuffi-
cient return shall be deemed to be a representation petition
and the Supreme Court may make such order thereon as it
thinks expedient for compelling a return to be made or may
allow the petition to be heard as provided with respect to
ordinary representation petitions.
4. (1) A representation petition may be presented by Presenta-
any one or more of the following persons- tirn and
8 service of
(a) in respect of an appointment to the Senate, by representa-
any person who on the date of the appoint-tion petition.
ment of the person to whom the petition
relates, was entitled to vote as an elector at
an election for any electoral area in the
Territory for which such last-mentioned
person was appointed;
(b) in respect of an election or return to the House
of Representatives, by-







76 The Legislature (Appomtintment, Elcrtion and Membership Controversies)
Regulations, .1958

(i) a person who voted as an elector at the
election or who had a right so to vote; or
(ii) a person claiming to have had a right to
be elected or returned at the election; or
(iii) a person alleging himself to have been
a candidate at the election.
(2) The person whose appointment, election or return
is complained of is hereinafter referred to as the respondent,
but if the petition complains of the conduct of a returning
officer, deputy returning officer or assistant returning officer
the returning officer, deputy returning officer or assistant
returning officer shall for the purposes of these Regulations be
deemed to be a respondent.
(3) The petition shall be in the prescribed form,
state the prescribed matters and be signed by the petitioner
or all the petitioners if more than one, and shall be presented
to the Supreme Court.
(4) The petition shall be presented by delivering it
to the deputy-registrar of the Federal Supreme Court in the
Territory for which the person to whom the petition relates
was appointed, or in the Territory in which the election to
which the petition relates took place, as the case may be.
(5) The deputy-registrar shall transmit the petition
to the Registrar of the Federal Supreme Court and shall
send a copy of the petition--
(a) in the case of a petition questioning the
appointment of a person to the Senate, to the
Attorney General, and
(b) to such other persons as may be prescribed,
and shall cause the petition to be published in
the prescribed manner.
(6) The petition shall be served in such manner as
may be prescribed.
Time for 5. (1) A petition questioning the appointment of a person
oramenad- to the Senate shall be presented within twenty-eight days of
ment of rep- the date of the notification in the Gazette of the appointment.
presentation
petition. (2) Subject to the provisions of this regulation, a
petition questioning an election or return shall be presented
within twenty-eight days after the day fixed for the return
to the writ for the election to which the petition relates.








The L,'gislature (. ppoiinfticint, El'ctiorin anid .1'in'b-crrship Coni roz,'rsics) 77
Regulations. 1958

(3) If the petition questions the election or return
upon an allegation of corrupt practices and specifically
alleges a payment of money or other reward to have been
made by the member or on his account or with his privity
since the time of the said return in pursuance or in further-
ance of the alleged corrupt practice, it may be presented
within twenty-eight days after the date of the payment.
(4) A petition questioning the election or return upon
an allegation of an illegal practice may, so far as respects
that illegal practice, be presented-
(a) if specifically alleging a payment of money
or some other act to have been made or done
since the day specified in paragraph (5) of
this regulation, by the member to whose
election the petition relates or by an agent
of his, or with the privity of that member or
his election agent, in pursuance or in further-
ance of the alleged illegal practice, within
twenty-eight days after the date of the
payment or other act;
(b) where the appropriate law makes no pro-
vision for a return and declaration as to
election expenses from a candidate or his
agent, within twenty-eight days after the date
of the alleged illegal practice, or before the
expiration of the period referred to in
paragraph (2) of this regulation, whichever
is the later;
(e) where the appropriate law makes provision
for a return and declaration as to election
expenses from a candidate or his agent, not
later than the expiration of fourteen days
after the day specified in paragraph (5) of
this regulation.
(5) The said day is-
(a) that on which the returning officer receives
the return and declarations as to election
expenses by the said member and his election
agent; or
(b) where the return and declarations are received
on different days, the last of those days; or
(c) where there is an authorised excuse for failing
to make the return and declarations, the date







I8 The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958

of the allowance of the excuse, or if there was
a failure as regards two or more of them, and
the excuse was allowed at different times, the
date of the allowance of the last excuse.
(6) A petition presented within the time limited by
paragraphs (2) or (3) of this regulation, may, for the purpose
of questioning the election or return upon an allegation of
an illegal practice, be amended with the leave of the Supreme
Court within the time within which a petition questioning
the election upon the allegation of that illegal practice could
be presented under paragraph (4) of this regulation.
(7) Paragraphs (4), (5) and (6) of this regulation
shall apply notwithstanding that the act constituting the
alleged illegal practice amounted to a corrupt practice.
(8) For the purpose of this regulation, the allegation
that an election is, under the appropriate law, avoided on the
grounds that corrupt or illegal practices or illegal payments,
employment or hirings were committed in reference to the
election for the purpose of promoting or procuring the election
of any person threat and had so extensively prevailed that
they may be reasonably supposed to have affected the result
of the election, shall be deemed to be an allegation of corrupt
practices, notwithstanding that the offences alleged are or
include offences other than corrupt practices.
Security 6. (1) At the time of presenting a representation
for costs. petition or within three days afterwards the petitioner shall
give security for all costs which may become payable by him
to any witness summoned on his behalf or to any respondent.
(2) Security shall be an amount of two thousand
dollars and shall be given in the prescribed manner by
recognisance entered into by any number of sureties not
exceeding four or by a deposit of money, or partly in one
way and partly in the other.
Notice of 7. Within the prescribed time, not exceeding five days
presentation
and security after the presentation of the petition, the petitioner shall
and copy in the prescribed manner serve on the respondent a notice
of petition
to be served of the presentation of the petition, and, of the nature of the
on respon- proposed security, and a copy of the petition.
tent.o n
Objections S. (1) Within a further prescribed time, not exceeding
to security. ten days after service of the notice of the presentation of the
petition, the respondent may object in writing to any recog-
nisance on the ground that any surety is insufficient or is







The Legislature (Appointment, Election and Membership Controversies) 79
Regulations, 1958

dead or cannot be found or ascertained for want of a sufficient
description in the recognisance, or that a person named in the
recognisance has not duly acknowledged the recognisance.
(2) If the objection is allowed, the petitioner may
within a further prescribed time not exceeding five days
remove it by a deposit in the prescribed manner of such sum
of money as will in accordance with paragraph (3) of this
regulation make the security sufficient.
(3) Any objection to a recognizance may be heard and
determined by the deputy-registrar in the Territory for
which the person to whom the petition relates was appointed
or in which the election to which the petition relates took
place, as the case may be, and such deputy-registrar may, if
lie allows the objection, direct what sum should be deposited
so as to make the security sufficient:
Provided that any determination or direction by a
deputy-registrar under this paragraph may be reviewed by
the Supreme Court, and upon such review the Court may
make any determination or give any direction which the
deputy-registrar may have made or given.
(4) If no security is given as required by regulation 6
or any objection is allowed and not removed as aforesaid, no
further proceeding shall be had on the petition.
9. On the expiration of the time limited for objections, Petition at
or, after objection made, on the objection being disallowed
or removed whichever last happens, the petition shall be at
issue.
10. (1) A representation petition shall be tried by the ",itiol
Supreme Court in open court, without a jury, and notice of
the time and place of trial shall be given in the prescribed
manner not less than fourteen days before the day of trial.
(2) The jurisdiction of the Supreme Court to try
representation petitions may be exercised by a single judge.
(3) The court may in its discretion adjourn the trial
from time to time, but the trial shall, so far as is practicable
consistently with the interests of justice in respect of the
trial, be continued from day to day on every lawful day until
its conclusion.
(4) The trial of a petition shall be proceeded with
notwithstanding the prorogation of the Federal Legislature,
and, in the case of a petition questioning an election or return,
notwithstanding the resignation by the respondent as a
member of the House of Representatives,







80 The Legislature (Appointment, Election and M mcibership Controersies)
Regulations, 1958

(5) On the trial of the petition, unless the court other-
wise directs, any charge of a corrupt practice may be gone
into, and evidence in relation thereto received, before any
proof has been given of agency on behalf of any candidate
in respect of the-corrupt practice.
(6) On the trial of a petition questioning an election
or return and which, pursuant to the appropriate law, claims
the seat for some person, the respondent may give evidence
to prove that that person was not duly elected, in the same
manner as if he had presented a petition against the election
of that person.
Witnesses. 11. Witnesses shall be summoned and sworn in the same
manner as nearly as circumstances admit as in an at tion tried
before the Supreme Court.
Power of 12. (1) On the trial of a representation petition question-
court to
summon ing an election or return the court may, by order under the
witnesses hand of the judge, require any )person who appears to him
at its own
instance, to have been concerned in the election to attend as a witness
and any person refusing to obey the order shall be guilty of
contempt of court.
(2) The court may examine any person so required
to attend or who is in court although he is not called and
examined by any party to the petition.
(3) A witness may, after his examination by the court,
be cross-examined by or on behalf of the petitioner and
respondent, or either of them.
(4) The Attorney General shall obey any direction
given him by the court with respect to the summoning and
examination of any witness to give evidence at the trial:
Provided that the examination of a witness may be con-
ducted by such counsel as the Attorney General may appoint
as his representative for that purpose.
(5) The Attorney General shall without any direction
from the court cause any person appearing to him to be able
to give material evidence as to the subject of the trial to
attend the trial and either himself or his representative shall,
with the leave of the court, examine him as a witness.
(6) A person called before the court as a witness
respecting an election shall not be excused from answering
any question relating to any offence at or connected with the







'The Legislature appointmentt Election and Membership Controversies) 81
Regulations, 1958

election,. on the ground that the answer thereto may criminate
or tend to criminate himself or on the ground of privilege:
Provided that-
(a) a witness who answers truly all questions
which he is required by the court to answer
shall be entitled to receive a certificate of in-
demnity under the hand of the judge stating
that the witness has so answered; and
(b) an answer by a person to a question put by
or before a court trying a representation
petition shall not, except in the case of any
criminal proceeding for perjury in respect of
the evidence, be in any proceeding, civil or
criminal, admissible in evidence against him.
(7) Where a person has received a certificate of in-
demnity in relation to an election, and any legal proceeding
is at any time instituted against him for any corrupt or illegal
practice conmnitteed by him previously to the date of the
certificate at or in relation to the election, the court having
cognisance of the case shall on production of the certificate
stay the proceeding, and may in their discretion award to
the said person such costs as he may have been put to in the
proceeding.
(8) Nothing in this regulation shall be deemed to
relieve a person receiving a certificate of indemnity from
any incapacity under any law relating to elections (whether
to the House of Representatives or to the Legislature of any
Territory or to any local government body) or from any
proceedings to enforce that incapacity (other than a crimin-
al prosecution).
13. (1) The reasonable expenses incurred by any person Witnesses'
in appearing to give evidence at the trial of a representationexpenses.
petition, according to the scale allowed to witnesses at the
trial of civil actions before the Supreme Court, may be allow-
ed to him by a certificate of the prescribed officer, and if the
witness was called and examined by virtue of paragraph (1)
of regulation 12, shall be deemed part of the expenses of the
court, but otherwise shall be deemed costs of the petition.
(2) The expenses of the court shall be paid out of
such sums as shall be appropriinted for ilie purpose by the
Federal Legislature.










Production
of election
documents.


(2) Where under the appropriate law the writ of
election has been returned to the Governor-General and the
court is satisfied by evidence on oath that the inspection or
production of the writ is required for the purpose of a repre-
sentation petition questioning an election or return the court
may make an order accordingly for the production or
inspection.
(3) Where the court has made an order under para-
graph (2) of this regulation the Registrar shall inform the
Secretary to the Governor-General who shall-
(a) in the case of an order for inspection, make
the writ available for inspection within such
time as the Registrar directs;
(b) in the case of an order for production, produce
the writ at such time and place as the
Registrar directs.
onf lion 15. (1) At the conclusion of the trial of a representation
representa- petition the court-
tion peti- (a) in respect of an appointment to the Senate,
tin. shall determine whether the person whose
appointment was questioned was validly
appointed or not, and shall forthwith certify
in writing the determination to the Governor-
General and to the President of the Senate;
(b) in respect of an election or return, shall-
(i) determine whether the person whose
election or return is questioned, or any


82 The Legislature (Appointment, Election and Membcrship Controversies)
Regulations. 1958

14. (1) (a) Any election document which, subsequent to
the election to which the petition relates, is
required under the appropriate law to be kept
in the custody of the Supervisor of Elections
of the Territory to which the petition relates
may be inspected or produced for the purpose
of a representation petition questioning an
election or return under the order of the
Court, and an order under this regulation may
be made by a judge on iis being satisfied by
evidence on oath that the inspection or pro-
duction of such document is required for the
purpose aforesaid.
(b) For the purpose of this regulation the ex-
pression "Supervisor of Elections" in relation
to the Territory of Janmaica shall mean "lChief
Electoral Officer."







The Legislature (Appointment, Election and Membership Controversies) 83
Regulations, 1958

and what other person, was duly returned
or elected or whether the election was
void, and shall forthwith certify in writ-
ing the determination to the Speaker of
the House of Representatives; and
(ii) where any charge is made in the petition
of any corrupt or illegal practice having
been committed at the election, the court
may in addition to giving a certificate,
and at the same time, make a special re-
port to the Speaker as to matters arising
in the course of the trial an account of
which in the judgment of the court ought
to be submitted to the House of Repre-
sentatives;
(c) notwithstanding that it has determined and
certified that the person to whom the petition
relates was validly appointed or elected, as
the case may be, may, if satisfied that since the
date of the appointment or election circum-
stances have arisen by reason of which such
person has vacated his seat under paragraph
(2) of article 12 or paragraph (2) of article
23 of the Constitution, proceed under para-
graph (1) of regulation 33 of these Regula-
tions as if the petition were a vacancy peti-
tion.
(2) The certified determination of a representation
petition by the Supreme Court shall be final to all intents and
purposes.
16. (1) If, on the application of any party to a represen- special case
station petition made in the prescribed manner to the for deter-
mination of
Supreme Court, it appears to the court that the case raised Supreme
by the petition can be conveniently stated as a special case,Court.
the Supreme Court may direct it to be stated accordingly
and the special case shall be heard before the court, and the
court shall certify to the Governor-General and the President
or to the Speaker, as the case may be, its decision in reference
to the special case.
(2) If it appears to the court on the trial of a repre-
sentation petition that any question of law as to the admissi-
bility of evidence or otherwise requires further consideration
by the Full Court, the court may postpone the granting of a







84 The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958

certificate until the question has been determined by the Full
Court, and for this purpose may reserve the question by stat-
ing a case for the decision of the Full Court.
(3) The decision of the court upon any case stated for
its decision under this regulation shall be final to all intents
and purposes.
Withdrawal 17. (1) A petitioner shall not withdraw a representation
of petition. petition without the leave of the court on special application,
made in the prescribed manner and at the prescribed time
and place.
(2) The application shall not be made until the pre-
scribed notice of the intention to make it has been given in
the Territory for which the person to whom the petition re-
lates was appointed or in the electoral area to which the
petition relates, as the case may be.
(3) Where there are more petitioners than one, the
application shall not be made except with the consent of all
the petitioners.
(4) If a petition is withdrawn the petitioners shall
be liable to pay the costs of the respondent.
Evidence 18. (1) Before leave for the withdrawal of a petition is
required for granted, there shall be produced affidavits by all the parties
withdrawal p9
of petition. to the petition and their solicitors and, if the election was
an election at which candidates are required to have election
agents, by the election agents of all the said parties who
were candidates at the election, but the Supreme Court may
on cause shown dispense with the affidavit of any particular
person if it seems to the court on special grounds to be just
so to do.
(2) Each affidavit shall state that, to the best of the
deponent's knowledge and belief, no agreement or terms of
any kind whatsoever has or have been made, and no under-
taking has been entered into, in relation to the withdrawal
of the petition; but if any lawful agreement has been made
with respect to the withdrawal of the petition, the affidavit
shall set forth that agreement, and shall make the foregoing
statement subject to what appears from the affidavit.
(3) The affidavits of the applicant and his solicitor
shall further state the ground on which the petition is sought
to be withdrawn.
(4) Copies of the said affidavit shall be delivered to
the Attorney General a reasonable time before the applica-
tion for the withdrawal is heard, and the court may hear







The Legislature (Appointment, Election and Membership Controversies) 85
Regulations, 1958

the Attorney General or other representative appointed by
him in opposition to the allowance of the withdrawal of the
petition, and shall have the power to receive the evidence
on oath of any person or persons whose evidence the Attorney
General or his representative may consider material.
(5) Where more than one solicitor is concerned for
the petitioner or respondent, whether as agent for another
solicitor or otherwise, the affidavit shall be made by all such
solicitors.
19. If any person makes any agreement or terms or Punishment
for corrupt
enters into any undertaking, in relation to the withdrawal withdrawal.
of a representation petition, and such agreement, terms or
undertaking is or are for the withdrawal of the petition in
consideration of any payment, or in consideration that the
seat shall at any time be vacated, or in consideration of the
withdrawal of any other such representation petition, or is
or are (whether lawful or unlawful) not mentioned in the
aforesaid affidavits, he shall be liable on conviction on indict-
ment to imprisonment for a term not exceeding twelve
months or to a fine not exceeding one thousand dollars, or
to both such imprisonment and fine.
20. (1) On the hearing of the application for leave to Substitution
withdraw a petition any person who might have been a peti- eitioner.
tioner in respect of the petition may apply to the court to
be substituted as the petitioner, and the court may, if they
think fit, substitute him accordingly.
(2) If the proposed withdrawal is in the opinion of
the court the result of any agreement, terms or undertaking
prohibited by the last foregoing regulation or induced by
any corrupt bargain or consideration, the court may by order
direct that the security given on behalf of the original peti-
tioner shall remain as security for any costs that may be
incurred by the substituted petitioner, and that, to the extent
of the sum named in the security, the original petitioner and
his surety shall be liable to pay the costs of the substituted
petitioner.
(3) If the court does not so direct then the security
to the same amount as would be required in the case of a new
petition, and subject to the like condition, shall be given on
behalf of the substituted petitioner before he proceeds with
his petition and within the prescribed time after the order
of substitution.







86 The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958

(4) Subject as aforesaid, a substituted petitioner
shall, as nearly as may be, stand in the same position and
be subject to the same liabilities as the original petitioner.
Report on 21. (1) In every case of the withdrawal of a representation
withdrawal, petition the court giving leave for the withdrawal shall make
a report to the President or the Speaker, as the case may be,
as required by paragraph (2) of this regulation.
(2) The report shall state whether in the opinion of
the court the withdrawal of the petition was the result of any
agreement, terms or undertaking or was in consideration of
any payment, or in consideration that the seat should be at
any time vacated or in consideration of the withdrawal of any
other such representation petition or for any other consi-
deration, and if so, shall state the circumstances attending
the withdrawal.
Abatement 22. (1) A representation petition shall be abated by the
of petition. death of a sole petitioner or of the survivor of several
petitioners.
(2) A petition questioning the appointment of any
person to the Senate shall be abated if the respondent dies.
(3) The abatement of a petition shall not affect the
liability of the petitioner or any other person to the payment
of costs incurred in respect of any proceeding taken prior
to the abatement.
(4) On the abatement of a petition under paragraph
(1) of this regulation the prescribed notice thereof shall be
given in the Territory for which the person to whom the
petition relates was appointed or in the electoral area in
which the election to which the petition relates was held, as
the case may be; and any person who might have been a
petitioner in respect of the appointment or election, as the
case may be, may, within the prescribed time after the notice
is given, apply to the Supreme Court in the prescribed manner
and at the prescribed time and place to be substituted as a
petitioner; and the court may if it thinks fit, substitute him
accordingly.
(5) Security shall be given on behalf of a petitioner
so substituted, as in the case of a new petition.
withdrawal 23. (1) If before the trial of a representation petition
nd substi-
ution of questioning an election or return-
espondents (i) a respondent other than a returning officer,
before trialdeputy returning officer or assistant returning
officer gives the prescribed notice that he does








The Legislature (Appointment, Election and Membership Controversies) 87
Regulations. 1958

not intend to oppose the petition or dies, the
Registrar shall give notice thereof in the
electoral area to which the petition relates and
any person who might have been a petitioner
in respect of the election may, within the pre-
scribed time after the notice is given, apply to
the Supreme Court to be admitted as a
respondent to oppose the petition, and shall
be admitted accordingly;
(ii) any person who might have been a petitioner
in respect of the petition gives notice in the
prescribed manner that he intends at the trial
to apply to be admitted as a respondent, then
at the trial of the petition, upon the Court
being satisfied that there are reasonable
grounds for believing that circumstances
have arisen that, if the original respondent
were a member of the House, would cause him
to vacate his seat under paragraph (2) of
article 23 of the Constitution, the Court may
admit such person as a respondent to oppose
the petition:
Provided that the number of persons
admitted as respondents under this regulation
shall not exceed three.
(2) A respondent who has given the prescribed notice
that he does not intend to oppose the petition shall not be
allowed to appear or act as a party against the petition in
any proceedings thereon.
24. (1) All costs of and incidental to the presentation of costs of
a representation petition and the proceedings consequent petition
thereon, except such as are by these Regulations otherwise
provided for, shall be defrayed by the parties to the Ipetition
in such manner and in such proportion as the Supreme CouTr't
may determine; and in particular any costs whi(h in the
opinion of the court have been caused by vexatious conduct,
unfounded allegations or unfounded objections on thle part
either of the petitioner or of the respondent, and any needless
expense incurred or caused on the part of the petitioner or
respondent, may be ordered to be defrayed by the parties
by whom it has been incurred or caused whether or not they
are on the whole successful.
(2) If a petitioner neglects or refuses, for six months,
after demand to pay to any person summoned as a witness.







88 The Legislature (Appointmenot, Election and Membership Controversics)
Regulations, 1958

on his behalf or to the respondent any sums certified to be
due to him for his costs, and the neglect or refusal is, within
one year after the demand, proved to the satisfaction of the
Supreme Court, every person who under regulation 6 of these
Regulations entered into a recognisance relating to the
petition shall be held to have made default in the recogni-
sance, and the prescribed officer shall thereupon certify the
recognisance to be forfeited and it may thereupon be enforced
in each of the Territories as if it were a recognisance entered
into before the Supreme Court of that Territory under any
law in force in that Territory and declared by that Supreme
Court to have been forfeited.
Further 25. (1) Where upon the trial of a representation petition
provision as
to costs of questioning an election or return it appears to the court that
petition. any person is proved, whether by providing money or other-
wise, to have been extensively engaged in corrupt practices,
or to have encouraged or promoted extensive corrupt practices
in reference to the election to which the petition relates, the
court may, after giving that person an opportunity of being
heard by counsel or solicitor and examining and cross-
examining witnesses to show cause why the order should not
be made, order the whole or part of the costs to be paid by
that person, and, where such an order is made against more
than one person may order that if the costs cannot be
recovered from one or more of those persons they shall be
paid by some other of those persons or by either of the
parties to the petition.
(2) Where any person appears to the court to have
been guilty of a corrupt or illegal practice, the court may
after giving that person an opportunity of making a state-
ment to show why the order should not be made, order the
whole or any part of the costs of or incidental to any pro-
ceeding before the court in relation to the said offence or to
the said person to be paid by the said person to such person
or persons as the court may direct.
Jurisdiction. 26. Subject to article 107 of the Constitution and to the
provisions of these Regulations and of the rules made under
them, the principles, practice and rules on which committees
of the House of Commons of the Parliament of the United
Kingdom used to act in dealing with election petitions shall
be observed, so far as may be, by the Supreme Court in the
case of representation petitions (Iqestioning elections or
returns.







The Legislature (Appoinltient, Election and Memibership Controversies) 89
Regulations, 1058

PART II
DISPUTED VACANCIES.
27. (1) Any question whether a member of the Senate Reference
or of the House of Representatives has vactated his seatf questions
therein shall be referred to and determined by the Supreme vacancy in
Court in accordance with the provisions of this Part of these House.
Regulations.
(2) Every such reference shall be by a petition (here-
inafter referred to as a vacancy petition) presented to the
court-
(a) in the case of the Senate, by-
(i) authority of a resolution of the Senate; or
(ii) a person authorised to present a repre-
sentation petition under sub-paragraph
(a) of paragraph (1) of regulation 4:
Provided that the reference in the
said sub-paragraph to the "date of the
appointment of the person to whom the
petition relates' shall, for the purposes
of this paragraph, be construed as a
reference to the date upon which the
petition is presented to the Supreme
Court;
(b) in the case of the House of Representatives,
by-
(i) authority of a resolution of the House;
or
(ii) any person who on the date of the pre-
sentation of the petition would be
entitled to vote at an election held for
the electoral area for which the person
to whom the petition relates was elected.
(3) For the purposes of this Part of these Regulations,
in the case of a petition presented under sub-paragraph (i) of
paragraph 2 (a) or under sub-paragraph (i) of paragraph 2
(b) of this regulation, the nominal petitioner shall be the clerk
of the Senate or the clerk of the House of Representatives, as
the case nma be.
28. (1) A vacancy petition presented to the Supreme Contents,
Court under this Part of these Regulations shall be in the sevicernd
prescribed form, state the prescribed matters and be signed vacancy
by such persons as may be prescribed. petition.








90 The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958

(2) The petition shall be delivered to the deputy
registrar of the Supreme Court in the Territory for which
the person to whom the petition relates was appointed, or in
the Territory in which the person to whom the petition relates
was elected, as the case may be, and such deputy registrar
shall transmit the petition to the Registrar of the Supreme
Court and shall send a copy of the petition to such persons as
may be prescribed, and shall cause it to be published in the
prescribed manner.
(3) The petition shall be served in such manner as may
be prescribed.
Security for 29. (1) Where a vacancy petition has been presented to
costs. the Supreme Court under this Part of these Regulations
otherwise than by authority of a resolution, the petitioner
shall at the time of delivering the petition to the Registrar
or within three days afterwards give security for all costs
which may become payable by him to any witness summoned
on his behalf or to any party to the petition.
(2) Security shall be an amount of one thousand
dollars and shall be given in the prescribed manner by
recognisance entered into by any number of sureties not
exceeding four or by a deposit of money, or partly in one way
and partly in the other.
Service of (30) Within the prescribed time, not exceeding five days
reference. .
after delivery of a vacancy petition, the petitioner shall cause
notice of the presentation of the petition, and of the nature
of the proposed security and a copy of the petition to be
served Inon-
(a) the member whose seat is the subject-matter
of the petition;
(b) in the case of a petition relating to the Senate,
the Attorney General; and
(c) such1 other persons as may be prescribed.
Parties to 31. ''The parties to a vacancy petition shall be-
the petition. (i) the petitioner;
(ii) the member whose seat is the subject-
matter of the petition; and
(iii) such other person as, in the opinion of
the court, is interested in the deter-
mination of the question referred and
whom the court directs may be heard
upon the hearing of the reference:
Provided that the court shall hear the Attorney-General
or other representative appointed by him whether or not he







The Legislature (Appointment, Election and Membership Controversies) 91
Regulations, 1958

is a party to the petition, and shall have the power to receive
the evidence on oath of any person or persons whose evidence
the Attorney-General or his representative may consider
material.
32. Subject to such modifications and adaptations as may Application
be necessary for the purpose, the following provisions ofo Part .
Part I of these Regulations shall so far as they are applicable,
have effect in relation to proceedings on a vacancy petition
presented to the Supreme Court under this Pari of these
Regulations:-
Regulation 8 (provided that in paragraph (4)
thereof the reference to regulation 6 shall be
deemed to be a reference to regulation 29).
Regulation 9
Paragraphs (1)-(4) inclusive of regulation 10
Regulation 11
Regulation 13
Regulation 16
Regulation 24 (provided that in paragraph (2)
thereof the reference to regulation 6 shall be
deemed to be a reference to regulation 29).
33. (1) At the conclusion of the hearing of a vacancy Dntcrmina-
petition under this Part of these Regulations the Supreme tion of
vacancy
Court shall determine whether or not the member whose seat petition.
is the subject-matter of the petition has vacated his seat, and
shall forthwith certify in writing the determination to the
Governor-General and the President or to the Speaker, as
the ease may be.
(2) The certified determination of a vacancy petition
by the Supreme Court shall be final to all intents and pur-
poses.
PART III
SPEAKER'S ELECTION AND VACATION
OF OFFICE
34. (1) Any question whether any person- Reference
(a) has been validly elected as Speaker of the of question
House of Representatives from among persons tion of
who are not members of that House, or, having Speaker or
vacation of
been so elected, has vacated the office of his office.
Speaker; or
(1) who has been elected as Speaker of the House
of Representatives from among members of








92 The Lecislatiure (.Appointlnm it, Election anid Memilrrship Con/roversics)
Regulations. lO158

that House has vacated the office of Speaker
by virtue of paragraph (5) of article 24 of the
Constitution,
shall be determined by the Supreme Court upon a reference
thereto in accordance with the provisions of this Part of
these Regulations.
(2) No such question shall be referred to the court
except-
(a) by the clerk of the House of Representatives
when so authorized by a resolution of the
House or,
(b) by a member of the louse.
Delivery of 35. (1) A reference Lo the Supi eme Court under this Part
of these Regulations questioning whether a person was duly
qualified to be elected to be Speaker shall be delivered to the
Registrar of the court within twenty-one days of the election.
(2) The reference shall be in the prescribed form, state
the prescribed matters and be signed by such person as may
be prescribed.
(3) The Registrar shall send a copy of the reference to
ihe clerk of the House of Representatives, who shall cause
it to be laid on the table of the House.
Security for 36. (1) When a question has been referred to the Supreme
costs. Court under this Par, of these Regulations by a member of
the House the member so referring the question shall at the
time of delivering the reference Lo the Registrar or within
three (lays afterwards give security for all costs which may
become payable by him to any witness summoned on his
behalf or to any party to the reference.
(2) Security shall be an amount of one thousand
dollars and shall be given in the prescribed manner by
recognisance entered into by any number of sureties approved
by the court not exceeding four or by a deposit of money,
or partly in one way and partly in the other.
Parties to a 37. The parties to a reference to the Supreme Court
reference. under this Part of these Regulations shall be-
(i) the clerk of the House of Representatives or
the member referring the question, as the
case may be;
(ii) the person whose election or tenure of office
as Speaker is questioned;
(iii) such other person as the court may direct,







The Legislature (Appointnent, Election and Membership Controversies) 93
_Regulations, 1058

38. (1) At the conclusion of the hearing of a reference Determina-
under this Part of these Regulations, the Supreme Court shall tion oe
determine whether the person had been validly elected as
Speaker or whether he had vacated the office of Speaker,
as the case may be, and shall forthwith certify in writing
the determination to the clerk of the House of Representa-
tives, who shall cause it to be laid on the table of the House.
(2) The certified determination of a reference under
this Part of these Regulations by the Supreme Court shall
be final to all intents and purposes.
PART IV
MISCELLANEOUS
39. Any of the powers of the Supreme Court conferred Powers
by or under any of the provisions of these Regulations may und'er Reg-
.. ulations ex-
be exercised by a single judge: ercisable by
Provided that any power, jurisdiction or authority single judge.
vested in the Supreme Court under regulation 43 with
respect to proceedings brought under or by virtue of these
Regulations shall only be exercisable by such number of
judges as could exercise that power, jurisdiction or authority
if the proceedings were an ordinary action within the juris-
diction of the Court.
40. (1) Any summons, notice or document required to be Service of
served on any person with reference to any proceeding under notices.
these Regulations for the purpose of causing him to appear
before the Supreme Court, or otherwise or of giving him an
opportunity of making a statement, or showing cause, or
Jeing heard by himself before any court for any purpose of
these Regulations may be served-
(a) by delivering it to that person, or by leaving
it at, or by sending it by post by a registered
letter to, his last known place of abode in the
Territory in respect of which the appoint-
ment was made or in which the election was
held, or
(b) if the proceeding is before any court in such
manner as the court may direct.
(2) In proving service by post under this regulation
it shall be sufficient to prove that the letter was pre-paid,
properly addressed and registered with the post office.
41. (1) The rules and regulations of the Supreme Court Costs.
with respect to costs to be allowed in actions, causes and
matters in the Supreme Court shall in principle and so far







g4 The Legislature (Appointment, Election and Memibership Controversies)
Regulations, 1958

as practicable apply to costs of petitions and other proceed-
ings under these Regulations, and the taxing officer shall not
allow any costs on a higher scale than would be allowed in
any action, cause or matter in the Supreme Court on the
higher scale as between solicitor and client.
(2) Where any costs or other sums are, under the
order of the Supreme Court or otherwise under these Regula-
tions, to be paid by any person, those costs or sums shall be
a simple contract debt due from that person to the person
or persons to whom they are to be paid, and if payable to the
Federation or to a Territory shall be a debt due to the Crown
and in either case may be recovered accordingly.
Rudes of 42. The authority having for the time being power to
make rules of court for the Supreme Court may make rules
for the purposes of these Regulations.
Powers of 43. The Supreme Court shall, subject to the provisions
Court. of these Regulations, have the same powers, jurisdiction and
authority with respect to any proceedings brought under or
by virtue of these Regulations as if the proceedings were an
ordinary action within its jurisdiction.
Courts to 44. If any question to which article 42 of the Constitution
refer all applies arises in any proceedings in any other court, that court
questions
under article shall, in the prescribed manner, refer such question to the
42. Supreme Court for its determination.

Made this 14th day of February, 1958.

HAILES,
Governor-General.






The Office of Profit Disqualification (Exemption)
Regulations. 1958


THE WEST INDIES


REGULATIONS No. 6 of 1958.


THE OFFICE OF PROFIT DISQUALIFICATION
(EXEMPTION) 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. Office exempted in Territory declared not to be paid office under the
Crown.
3. 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, and of all other powers
him thereunto enabling hereby makes the following regula-
tions.
1. These Regulations may be cited as the Office of Short title.
Profit Disqualification (Exemption) Regulations, 1958.







96 The Office of Profit Disqualification (Exemption)
Regulations, 195S
Office
exempted in 2. For the purposes of Chapter II of the Constitution,
Territory until the Federal Legislature by law otherwise provides, any
declared not .
to be paid office in a Territory specified in the first column of the
office under Schedule to these Regulations the holding of which in
the Crown. accordance with the law of that Territory on the coming into
force of these Regulations would not constitute a disquali-
fication for the purpose of the law referred to opposite to
the Territory in the second column of the Schedule, is here-
by declared not to be a paid office in the service or appoint-
ment of the Crown.
Commence- 3. These Regulations shall come into operation on a
day appointed by the Governor-General by proclamation.
Made this 14th day of February, 1958.

HAILES,
Governor-General.


SCHEDULE
Antigua Section 11(b) of the Antigua Constitution and Elections
Ordinance, 1951.
Barbados The law of the Territory relating to elections to the House
of Assembly.
Dominica Section 10(b) of the Dominica (Legislative Council) Orders
in Council, 1951-1956.
Grenada Section 10(b) of the Grenada (Legislative Council) Orders
in Council, 1951-1956.
Jamaica Section 37(1) of the Jamaica (Constitution) Order in
Council, 1944.
Montserrat Section 11(b) of the Montserrat Constitution and Elections
Ordinance, 1952.
aintoher Section 11(b) of the Saint Christopher Nevis and Anguilla
Nevis and Constitution and Elections Ordinance, 1952.
Anguilla
Saint Lucia Section 10(b) of the Saint Lucia (Legislative Council)
Orders in Council, 1951-1956.
St. Vincent Section 10(b) of the Saint Vincent (Legislative Council)
Orders in Council, 1951-1956.
Trinidad Section 37(1)(b) of the Trinidad and Tobago (Constitution)
and Tobago.Order in Council, 1950.


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

























THE WEST INDIES GAZETTE


Vol. 1 FRIDAY 14th FEBRUARY, 1958. No. 8


LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS

TABLE OF CONTENTS
No: Page
5 of 1958 Proclamation bringing the Office of Profit Disqualification
(Exemption) Regulations, 1958, into force 10


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Proclamation by the Governor-General


THE WEST INDIES


STATUTORY INSTRUMENT No. 5 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 regulation 3 of the Office of Profit Disqualification
(Exemption) Regulations, 1958, it is provided that those regulations shall
not come into operation until such day as I shall by proclamation appoint:
AND WHEREAS it is expedient that such regulations shall come
into operation on the twenty-first 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 twenty-first day of February, one thousand
nine hundred and fifty-eight as the day on which the Office of Profit
Disqualification (Exemption) Regulations, 1958 shall come into operation.


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


GOD SAVE THE QUEEN.


By His Excellency's Command,

M. S. STAVELEY
Acting Secretary to the Governor-General.


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




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