• TABLE OF CONTENTS
HIDE
 Main
 Legal Supplement
 Legal Supplement: pt.2 Statutory...
 Section: Legal Supplement: pt.2...














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/UF00076857/00009
 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 21, 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: VID00009
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 19
        Page 20
    Legal Supplement
        B-11
    Legal Supplement: pt.2 Statutory Instruments (no. 6 of 1958): Federal Supreme Court (Appeal) Rules, 1958
        B-12
        B-13
        B-14
        B-15
        B-16
        B-17
        B-18
        B-19
        B-20
        B-21
        B-22
        B-23
        B-24
        B-25
        B-26
        B-27
        B-28
        B-29
        B-30
        B-31
        B-32
        B-33
        B-34
        B-35
        B-36
        B-37
        B-38
        B-39
        B-40
        B-41
        B-42
        B-43
        B-44
        B-45
        B-46
        B-47
        B-48
        B-49
        B-50
        B-51
        B-52
        B-53
        B-54
        B-55
        B-56
        B-57
        B-58
        B-59
        B-60
        B-61
        B-62
        B-63
        B-64
        B-65
        B-66
        B-67
        B-68
        B-69
        B-70
        B-71
        B-72
        B-73
        B-74
        B-75
        B-76
        B-77
        B-78
        B-79
        B-80
        B-81
        B-82
        B-83
        B-84
        B-85
        B-86
    Section: Legal Supplement: pt.2 Statutory Instruments (no. 7 of 1958): Federal Supreme Court (Evidence) Rules, 1958
        B-87
        B-88
        B-89
        B-90
        B-91
        B-92
        B-93
        B-94
        B-95
        B-96
        B-97
        B-98
        B-99
        B-100
        B-101
        B-102
Full Text



















The West Indies Gazette


VOL. 1


TABLE OF CONTENTS


GAZETTE NOTICES
No. SUBJECT MATTER PAGE No.

17 Flag of The West Indies ... ... ... 19 19 Amending Notice

18 Appointment of Deputy to the Governor-General 19 20 Amending Notice


LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS


No.

6 of 1958 The Federal Supreme Court
(Appeal) Rules, 1958 ...


Pas No.

7 of 1958 The Federal Supreme Court
... 12 (Evidence) Rules, 1958


FLAG OF THE WEST INDIES

IT is announced that Her Majesty The Queen has formally approved the design of the Flag of The West Indies.
The flag consists of a blue ground with four white horizontal wavy bars (the top pair of bars being parallel and
the lower pair also parallel) and an orange sun in the centre.


APPOINTMENT OF DEPUTY TO THE GOVERNOR-GENERAL


THE WEST INDIES

[L.S.]

HAILES
Governor-General


By His Excellency the Right Honourable 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, &c., &c., &c.


To: JOHN STANLEY MORDECAI, C.M.G.,
Federal Secretary

WHEREAS by article 4 of the Constitution of the West Indies it is provided that, whenever the Governor-
General-
(a) has occasion to be absent from the seat of the Federal Government but not from the Federation,
or
(b) has occasion to be absent from the Federation for a period that he has reason to believe will be of
short duration, he may, by instrument under the Public Seal, appoint any person in the Federa-
tion to be his Deputy during such absence and in that capacity to perform on behalf of the
Governor-General such of the functions of the office of Governor-General as may be specified
in that instrument:
And whereas I, PATRICK GEORGE THOMAS, LORD HAILES, Governor-General and Commander-in-Chief of
The West Indies, have occasion to be absent from the seat of the Federal Government for the purpose of paying
an official visit to Jamaica and, for such purpose, have occasion to be absent from the Federation for periods
that will be of short duration:




W35 g


JECT PAGE

.20


... ... ... 20


PAGE


... 87








THE WEST


INDIES GAZETTE


[Feb. 21, 1958]


18-Continued
Now therefore, I the said PATRICK GEORGE THOMAS, LORD HIAILES, in pursuance of the powers conferred
upon me in that behalf by the said article and of all other powers me thereunto enabling, do appoint you the
said JOHN STANLEY MORDECAI to be my Deputy during such absence and in that capacity to perform on my
behalf all the functions of the office of Governor-General vested in me, subject, however, to such instructions as
I may from time to time address to you.

Given under my Hand and the Public Seal of The West
Indies, this 20th day of February, 1958, in the
Seventh Year of Her Majesty's Reign.

By His Excellency's-Command

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


19
AMENDING NOTICE
THE name and particulars relating to MR. ERIC ARMSTRONG appearing in Gazette Notice No. 13 of the
14th February, 1958, should be transferred to the list in Gazette Notice No. 12 to read as follows:-
Seconding Territory Officer's Name Office Effective date


... ...Armstrong, Eric


,..Administrative Assistant ...


of appointment
... 3.1.58


20
AMENDING NOTICE

THE particulars in Gazette Notice No. 15 of 14th February, 1958, relating to MR. KENNETH AUGIER should
read as follows:-


Seconding Territory

Windward Islands


Officer's Name


...Augier, Kenneth


Office


...Assistant Secretary


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


Barbados


Effective date
of appointment
... ... 3.1.58























THE WEST INDIES GAZETTE


Vol. 1 FRIDAY 21st FEBRUARY, 1958. No. 9


LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS

TABLE OF CONTENTS
No:
6 of 1958 The Federal Supreme Court (Appeal) Rules, 1958
7 of 1958 The Federal Supreme Court (Evidence) Rules, 1958










X

w 55 -a ,-)-,I


Page
12
87








1.2 The Federal Supreme Court (Appeal) Rules, 1958


THE WEST INDIES

STATUTORY INSTRUMENT No. 6 of 1958


THE FEDERAL SUPREME COURT (APPEAL) RULES, 1958
Made by the Chief Justice under the Federal Supreme Court Regulations,
1958, and under articles 85 and 110 of the Constitution of The West Indies.


TABLE OR CONTENTS

ORDER I
PRELIMINARY
Rule
1. Short title and commencement.


Definitions


2. Definitions.
Interpretation Regulations.


Appeals Generally
Forms in Appendices A and C to be used.
Times of sittings and vacation.
Notice of sittings.
Right of audience.
Register of appeals brought.
Enlargement of time and departure from rules.
Service of documents.
Waiver for non-compliance with rules in criminal


causes and matters.


ORDER II
CIVIL APPEALS
Notices of appeal, cross-appeal and preliminary objection
1. Notice and grounds of appeal.
2. Appeal by leave only.
3. Time limits for appealing.
Extension of time for appealing.
4. Service of notice of appeal.
5. Notice by respondent of contention that judgment should be varied.
6. Amendment of notice of appeal and respondent's notice.
7. Notice of preliminary objection to be filed.

THE RECORD
8. Settling record of appeal.
9. Evidence.








The Federal Supreme Court (Appeal) Rtiles, 1958


10. Notes of evidence. etc.
11. Printing or typing of record.
12. Copy of list of exhibits.
13. Entering appeal.
Fixture of sittings.'
Transmission of the record.

Withdrawal and Non-compliance
14. Withdrawal of appeal.
15. Default in filing record and documents.

Applications
16. Applications to single Judge.
17. Application to Court below.
18. Mode of application.
19. Appeal no stay except by order.
20. Application for security for costs.
Bond.
21. Application for leave to appeal in forma pauperis.

Hearing and Judgments
22. Interlocutory appeals. Number of Judges.
23. Dismissal of appeals in default of appearance.
24. Application to re-enter appeal dismissed under rule 33.
25. Non-appearance of respondent.
26. Application to set aside ex parte judgment.
27. Delivery of judgment.
28. Execution of judgment by Court below.

Fees and Costs
29. Court fees.
Government of Federation or Territory exempted from payment of fees.
30. Legal practitioners' fees.
31. Fees not chargeable under rules 39 and 40.
32. Taxation of costs.
Objections to taxation.
Review of taxation by Taxing Officer.
Appeal from Taxing Officer's decision.

Procedure on appeal from the Court sitting in
its original jurisdiction
33. Appeals from Court exercising its original jurisdiction.








14 The Federal Supreme Court (Appeal) Rules, 1958

ORDER III
CRIMINAL APPEALS
Institution of Appeals
1. Obligation on appellant to fill up forms of appeal notices and answer
questions thereon.
2. Judge's certificate under Regulation 21(b).
Judge's certificate may be given at trial without application.
3. Notices of appeal.
Service of documents on person in prison.
Where appellant unable to write.
Where question of insanity involved.
Notice, etc., on behalf of corporations.
4. Notice of application for extension of time for appealing.

Copies of Proceedings, etc.
5. Forwarding of proceedings in Court below to Registrar.
6. Records of summing up.
Shorthand note to be certified by the writer.
Transcript to be furnished on application of Registrar.
Party interested may obtain transcript.
Party interested may obtain transcript from Registrar.
Definition of "party interested".
Transcript of shorthand notes or Judge's notes not to be supplied free
except by an order of Court.

Judge's Report
7. Report of Judge of Court below.
8. Furnishing Judge of Court below with materials for report.

Copies of Documents for use of Appellant or Respondent
9. How appellant or respondent may obtain from Registrar of Court below
copies of documents or exhibits.
Counsel and solicitor assigned to appellant may receive copies of
documents and exhibits free on request.
Appellant not legally represented may obtain copy of documents or
exhibits free.

Conduct of Prosecution and Defence
10. Registrar to require proper officer of Court below to furnish him with
particulars, etc., of trial.
Registrar to notify Attorney General or Prosecutor, if a private person,
of receipt of notice of appeal.
Prosecutor to afford all information, documents, etc., to Registrar and
Attorney General.









The Federal Supreme Court (Appeal) Rules, 1958


Legal Aid to Appellants
11. List of counsel and solicitors for purposes of the Regulations.
Legal aid to be provided from such lists.
Proceedings before a single Judge
12. Procedure on decision of application to single Judge.
Application not specially provided for, how made.
Solicitor's right of audience.
13. Notice of application for leave to appeal.

Suspension or Orders and Admission to Bail
14. Person in custody in default of payment of fine.
Power of Court of trial to impose recognizances.
Appellant committing breach of recognizance.
Repayment of fine on success of appeal.
15. Temporary suspension of orders made on conviction as to money, awards,
costs, etc.
Suspension of disqualifications consequent on conviction.
Judge's directions as to property of convicted person pending appeal.
Judge's directions as to securing payment of money by convicted person
pending appeal.
Suspension of order of destruction or forfeiture of property.
Suspension of proceedings or claims consequent on conviction.
Person affected may appear.
Procedure on application for bail. Right of
Sureties. Estreat of Recognizances.
16. Appellant and surety's recognizances before whom to be taken.
Form of recognizances.
Presence of appellant on bail at hearing of his appeal.
Warrant for apprehension of appellant on bail.
Varying order for bail.
Power to revoke order for bail.
Abandonment of Appeal
17. Abandonment of appeal.
Determination of Appeal
18. Varying order of restitution of property.
19. Judgments of the Court.
20. Notification of final determination of appeals.
Notification of appeal in capital cases.
.21. Notification of result of appeal.
Entry of decision of Court on records.
22. Restrictions on issue of certificate on conviction.
23. Return of original depositions, etc.
Procedure as to Witnesses before Court and
their examination before examiner.
24. Attendance of witness before the Court.
Application to Court to hear witnesses.









16 The Federal Supreme Court (Appeal) Rules, 1958


Order appointing examiner.
Furnishing examiner with exhibits, etc., necessary for examination.
Notification of date of examination.
Evidence to be taken on oath.
Deposition of witness, how to be taken.
Expenses of witnesses before examiner.
Presences of parties at examination of witnesses.
25. Proceedings on reference.

Case stated under regulation 37 of the Regulations
26. Judge to forward special case to Registrar and copies to be supplied to
appellant and respondent.
These Rules to apply to convicted persons where case stated under
regulation 37.

Windward Islands and Leeward Islands


27. Ascertainment of Territory in which Supreme Court,
Leewards exercises its criminal jurisdiction.

ORDER IV
APPEALS TO PRIVY COUNCIL
1. Application to vary order of single Judge made under
the Regulations.


Windwards and


regulation 54 of


APPENDIX A


Civil Forms.


APPENDIX B
PART I
Fees of Court in Civil Appeals or Appeals from the Court exercising its
original jurisdiction.
To be paid to the Registrar of the Federal Supreme Court.

PART II
Fees payable to Court from which appeal is brought.

PART III
Legal Practitioners' Fees in Civil Appeals and in appeals from the Court
exercising its original jurisdiction.

PART IV
Witnesses', Interpreters', Special Commissioners' and Examiners' Fees.

APPENDIX C
Criminal Forms.








The Federal Supreme Court (Appeal) Rules, 1958-0. I. 17


The Chief Justice in exercise of the powers conferred upon him by the Federal
.Supreme Court Regulations, 1958, articles 85 and 110 of the Constitution of
The \est Indies, and of all other powers enabling him in that behalf, hereby
makes the following Rules :-

ORDER I
PRELIMINARY
1. The following Rules may be cited as "The Federal Supreme Court Short title
(Appeal) Rules, 1958;" they shall come into operation on the day fixed and
S. Commence-
for the commencement of the Regulations. ment.

Definitions
2. (1) In these Rules, unless it is expressly provided or the context Definitions.
otherwise requires-
"appellant" means the party appealing from a judgment,
sentence or order and includes his legal representative;
"Attorney-General" means the Attorney-General of the
Territory from which the appeal is brought;
"Chief Justice" means the Chief Justice of The West Indies.
*'Court" means the Federal Supreme Court of The West
Indies;
"Court below" means the court from which the appeal is
brought;
"Deputy-Registrar" means any person appointed as such
under the Regulations;
"existing" means existing immediately before the commence-
ment of these Rules;
"file" means file in a Registry, and "filed" and "filing" have
corresponding meanings;
"Government Gazette" means, in relation to a Territory, the
Gazette published by the authority of the Government of
that Territory and includes any supplement thereto and any
Gazette Extraordinary so published;
"Judge" includes the presiding officer of any court from which
an appeal lies to the Court;
"legal representative" means any barrister, advocate, solicitor,
attorney or legal practitioner admitted to practise as such in
any part of the Federation whether or not he has the right
of audience in the Court;
"Magistrate" includes every person exercising jurisdiction,
whether full or limited, in a court of summary jurisdiction
under the laws of a Territory;
"order" includes decree, judgment, sentence or decision of a
court below or a judge thereof;
"party" means any party to the appeal and includes his legal
representative;








18 The Federal Supreme Court (Appeal) Rules, 1958-4-0.. I.


"Prison Authority" means the head or person in charge of
Her Majesty's Prisons in the Territory from which the
appeal is brought and includes his deputy or other officer
discharging his duties;
"proper officer of the Court below" means the Registrar of
the court from whose order the appeal is brought;
"record" means the aggregate of papers relating to an appeal
(including the pleadings, proceedings, evidence and judg-
ments) and required by these Rules to be filed or laid before
the Court on the hearing of the appeal;
"Registrar" means the Registrar of the Federal Supreme Court
and includes a Deputy-Registrar or other officer for the time
being discharging the duties of the Registrar or Deputy-
Registrar;
"the Regulations" means the Federal Supreme Court Regu-
lations, 1958.
"respondent" (a) in a civil appeal means any party (other
than the appellant) directly affected by the
appeal;
(b) in a criminal appeal where the Crown is not
an appellant, means the person who under
the provisions of the Regulations has the
duty of appearing for the Crown or who
undertakes the defence of the appeal.
(2) (a) The expressions interpreted in article 116 of the Consti-
tution shall have the same meaning when used in these Rules.
Interpreta- (b) The Interpretation Regulations, 1958, shall apply to the
tion Regula-interpretation of these Rules as it applies to the interpretation of an
tions.
Act as defined in those Regulations.

Appeals Generally
Forms in 3. The forms set out in Appendices A and C to these Rules, or forms
Apand C t as near thereto as circumstances permit, shall be used in all cases to
be used. which such forms are applicable.

Times of 4. (1) Sittings of the Court shall be held at such times as the Chief
sittings Justice may direct; subject to such directions, sittings (to be known as
and t "general sittings") shall be held for the disposal of the appeals pending
from each Territory four times a year as follows:-
1st October to 21st December;
11th January to 31st March;
1st April to 31st May;
7th June to 31st July.
(2) (a) The Court will be in vacation during the period between
the ending of one general sitting and the commencement of another and
between the Wednesday before and the Tuesday after Easter.








'The Federal Supreme Court (.Ippeal) Rules. 1958-0. I. 10.

(b) The Court will not sit on Sundays and will not sit in
any Territory on days that are public holidays in that Territory, and on
such other days as the Chief Justice may direct.
5. (1) Notice of each general sitting shall be published by the Notice of
Registrar of the Court in the Government Gazette of the Territory in sittings.
which each appeal arose at least two weeks before the date appointed
for the sitting; and, in the case of other sittings (to be known as "special
sittings"), a similar notice shall be so published at least one week before
the date appointed for the sitting:
5. (2) The Deputy Registrar shall on the publication of the stid
notices in the Gazette post up on the notice board of the Court the cause
list of the sittings.
Provided that the ('ourt may in its discretion hear any appeal and
deal with any other matter whether or not I he same has been included
in such cause list so published.
(3) This rule shall not apply to the hearing of any mailer by a
single judge.
6. In all proceedings before the Court, the parties may appear in Right of
person or be represented on appeal by any person-- audience.
(a) who might have had a right of audience in the proceedings
before the superior court from whose order the appeal is
brought, or
(h) is a member of one of the Inns of Court and has the
right of-audience before a superior court of a Territory.
7.(1) The Registrar and the Deputy-Registrar in each Territory Rcgister
shall keep separate registers of all civil and criminal appeals brought of appeals
before the Court including in the criminal appeal register notices of brought.
application for leave to appeal.
(2) Each register shall contain particulars of the late on
which-
(a) the notice of appeal or of leave to appeal was lodged;
(b) any interlocutor order was made;
(c) the record of the appeal was received:
(d) the appeal was heard;
(e) judgment was delivered.
8. Subject to the provisions of regulation 28(3) of the Regulations Enlarge-
(relating to the time within which an appeal may be brought in a capital ment of
ease to the Court), and to Order I rule 3(3) of these Rules., the Court may time and
enlarge the time prescribed by the'e Rules for the doing of anything deparules
to which these Rules apply, or may direct a departure from these Rules regulation
in any other way where this is required in the interests of justice. 28(3).
9, Subject to any provision contained in these Rules relating to Service of
the service of any particular document- documents.
(1) Service of the documents mentioned in the first column here-
under shall be served by leaving a true copy thereof in the manner
specified in the second colmn:-








20 The Federal Supreme Court


Column 1 Column 2
(a) All documents required to be by personal service on the party
served- or his authorised agent, or on
(i) on parties to an action the person not a party.
who have not filed an
address for service; and
(ii) on a person not a party
to the appeal.

(b) All documents required to be by leaving the document at the
served on parties who have an address for service with .. a
address for service, person resident at or belonging
to such place; or by registered
post to such address, in which
case, the time of service thereon
shall be the time such document
would be delivered in the
ordinary course of post.
(2) If it be made to appear to a judge of the Court below- upon
application supported by affidavit that prompt personal service of a
document cannot be effected he may make such order for substituted
service by advertisement or otherwise as may be just.

Waiver for non-compliance
Waiver for 10. Non-compliance on the part of an appellant in any criminal
non-com- cause or matter with these Rules or with any rule of practice for the
pliance
with Rules. time being in force shall not prevent the further prosecution of his
appeal if the Court considers that such non-compliance was not wilful,
and that it is in the interests of justice that non-compliance be waived.
The Court may, in such manner as it thinks right, direct the appellant
to remedy such non-compliance, and thereupon the appeal shall proceed.
The Registrar shall forthwith notify the appellant of any directions
given by the Court under this rule where the appellant was not present
at the time when such directions were given.

ORDER I1
CIVIL APPEALS
Notices of appeal, cross-appeal and preliminary objection
Notice and 1. (1) All appeals shall be by way of rehearing and shall be brought
grounds of by notice (hereinafter called "the notice of appeal"), to be filed together
appeal. with two copies thereof with the Deputy-Registrar, which shall set
Civil Form forth the grounds of appeal, state whether the whole or part only of the
decision of the Court below is complained of (in the latter case speci-
fying such part), state also the nature of the relief sought and the names
and addresses of all parties directly affected by the appeal, and be signed
by the appellant or his legal representative.
(2) If the grounds of appeal allege misdirection or error in law
particulars of the misdirection or error shall be clearly stated.


(A4ppeal) Rides, 1~958--0. IL.









The Federal Supreme Court (Appeal) Rules, 1958--0. HI.


(3) The grounds of appeal shall; set out concisely andt u11der
distinct heads the grounds upon which the appellant intends to rely at
the hearing of the appeal without any argument or narrative and shall
be numbered consecutively.
(4) No ground which is vague or general in terms or which
discloses no reasonable ground of appeal shall be permitted, save the
general ground that the judgment is against the weight of the evidence,
and any ground of appeal or any part thereof which is not permitted
under this rule may be struck out by the Court of its own motion or on
application by the respondent.
(5) The appellant shall not without the leave of the Court urge
or be heard in support of any ground of objection not mentioned in the
notice of appeal, but the Court may in its discretion allow the appellant
to amend the grounds of appeal upon payment of the fees prescribed
for making such amendment and upon such terms as the Court may
deem just.
(6) Notwithstanding the foregoing provisions the Court in deciding
the appeal shall not be confined to the grounds set forth by the appellant.
Provided that the Court shall not rest its decision on any ground
not set forth by the appellant unless the respondent has had sufficient
opportunity of contesting the case on that ground.
(7) The Deputy-Registrar shall send one copy of the notice of
appeal to the Registrar and the other copy to the Registrar of the Court
below.
2. (1) Where an appeal lies by leave only any person desiring to Appeal by
appeal shall apply to the Court by notice of motion for leave within leave only
fourteen days from the date of the decision against which leave to appeal Civil Form
is sought. 2.
(2) If leave is granted the appellant shall file a notice of appeal
as provided by rule 1 of this Order within fourteen days from the grant
of leave.
3. (1) Subject to the provisions of this rule, no appeal shall be Time limits
brought after the expiration of six weeks from the date of judgment for appeal-
delivered or order made. against which the appeal is brought, provided ing.
that in tle case of an appeal-
(;i) against an interlocutor order or judgment the period
shall be fourteen days; and
(b) against an order or judgment made in the matter of the
winding up of a Company, or in a matter of any bank-
ruptcy, the period shall be twenty-one days.
(2) An appeal shall be deemed to have been brought when the
notice of appeal has been filed in the Registry of the Court below.
(3) No application for enlargement of time in which to appeal Extension
shall be made after the expiration of one month from the expirationof time for
of the time prescribed within which an appeal may be brought. Every appealing.
such application shall be made by summons supported by an affidavit
setting forth good and substantial reasons for the application and by
grounds of appeal which prima facie show good cause for leave to be
granted.









22 The Federal Supreme Court (Appeal) Rules, 1958-0. II.


(4) When time is so enlarged a copy of the order granting such
enlargement shall be annexed to the notice of appeal.
Service of 4. (1) A true copy of the notice of appeal shall be served upon
notice of all parties directly affected by the appeal and it shall not be necessary
to serve any party not so affected; but the Churt may direct notice of
appeal to be served on all or any parties to the action or other pro-
cecding, or upon any person not a party and in the meantime may
postpone or adjourn the hearing of the appeal upon such terms as may
be just, and may give such judgment and make such order a.s might
have been given or made if the persons served with such notice had been
originally parties.
(2) A true copy of the notice shall be served upon the respondent
within seven days after the original notice has been filed.
Notice by 5. (1) It shall not, under any circumstances, be necessary for a
respondent respondent to give notice of motion by way of cross-appeal, but if a
tion that respondent intends, upon the hearing of an appeal, to contend that the
judgment decision of the Court below should be varied, he shall, within fourteen
rield he days after service of the notice of appeal, or within such time as may
Civil Form be prescribed by special order made on application, give written notice
3. of such intention to any parties who may be affected by such contention,
and in such notice shall clearly state the reason on which he intends
to rely, and within the same period he shall file a copy of such notice
with the Deputy-Registrar.
(2) A copy of such notice shall be included in the record but if the
record has already been filed, the prescribed number of copies shall be
prepared forthwith and left with the Deputy-Registrar by the appellant
for transmission to the Judges and the Registrar.
(3) The omission to give notice shall not diminish the powers
conferred by the Regulations upon the Court but may, in the discretion
of the Court, be a ground for an adjournment of the appeal, or for
any special order as to costs.

Amendment (6. (1) A notice of appeal or respondent's notice may be amended-
of notice (a) by or with the leave of the Court, at any time;
of appeal.
and respon- (b) without such leave, by supplementary notice served,
dent's before the date on which the appeal appears in the cause
notice, list published in accordance with Order I rule 5 upon
each of the parties upon whom the notice to be amended
was served.
(2) A party by whom a supplementary notice is served under this
rule shall, within two days after service of the notice, furnish two copies
of the notice to the proper officer as defined by Order I rule 2 (1).
Notice of 7. (1) A respondent intending to rely upon a preliminary objection
pecliminar to the hearing of the appeal shall give the appellant three clear days'
to be filed. notice thereof before the hearing setting out the grounds of objection
Civil Form and shall file such notice together with four copies thereof with the
4. Registrar within the same time.









The Federal Supreme Court (Appeal) Rules, 1958-0. II.


(2) If the respondent fails to comply with this rule the Court
may refuse to entertain the objection or may adjourn the hearing thereof
at the cost of the respondent or may make such other order as it thinks
fit.
The Record
8. (1) The Registrar of the Court below shall upon an appeal being Settling
brought summon the parties before him to settle the documents (which record of
expression shall include any other matter which may form part of a appeal.
record) to be included in the record and shall, whether any of the Civil Form
parties attend the appointment or not. settle and sign and in due course
file a list of such documents.
(2) The said Registrar, as well as the parties, shall endeavour
to exclude from the record all documents (more particularly such as are
merely formal) that are not relevant to the subject matter of the appeal
and generally to reduce the bulk of the record as far as practicable,
taking special care to avoid duplication of documents and unnecessary
repetition of headings and other merely formal parts of documents; but
the documents omitted to be copied shall be enumerated in a list at the
end of the record.
(3) If the said Registrar or any 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 document
shall be included and the record shall, with a view to the subsequent
adjustment of the costs of and incidental to the inclusion of 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.
9. When any question of act is involved in an almeal, the evidence EIvidcnce.
taken in the Court below bearing on such question shall, subject to any
special order of the Court, be brought before the Court as follows:--
(a) as to any evidence taken by affidavit, by the production
of office copies of such affidavit:
(b) as to evidence taken orally. by the production of a cony
of the Judge's notes certified by the Registrar of the
Court below, or a transcript of the evidence taken bv a
shorthand writer and certified by him. or such other
materials as the Court may deem expedient.
10. (1) Where any notes of proceedings whether in shorthand or NoteL of
long hand have been taken by a person emplloyed by any court or taken ,videncc,
by the Judge of the Court below, copies of such arts of these uotes
as are required for the record of appeal shall be supplied by the
Registrar of the Court below on payment of the fees prescribed in
Appendix B.
(2) If no written decision is given by the Judge at tile time of
giving judgment such Judge shall communicate his reasons for the
judgment in writing to the Registrar of the Court below and such
reasons shall be included in the record.
(3) On hearing of an appeal the Court shall have power, if the
notes of the Judge of the Court below or a transcript of the evidence
are not produced, or if there are no such notes or transcript, to hear aind








24 The Federal Supreme Court (,Ap'cal) kules, 1958-0. 1i.

determine such appeal upon any other evidence or statement of what
occurred before such Judge which the Court may deem e sufficient.
Printing 11. (1) Every document or paper required by these Rules to be filed
or typing or left with the Registrar shall be legibly printed, cyclostyled or type-
of recordwritten with black ink (excluding carbon copies) upon strong white
foolscap paper of good quality with an inner margin of not less thai
two inches and an outer margin of about half-an-inch, and a space of not
less than three-eighths of an inch shall be left between every two lines.
(2) There shall be an index to the record and every page thereof
shall be numbered consecutively, and every tenth line on a page shall
be numbered in the margin. Correspondence and exhibits shall be
arranged together at the end of the record.
(3) The Registrar may refuse to file or receive any documents
not strictly conforming to the requirements of sub-rule (1) of Ihis rule
and the Court may disallow the costs of any such document which has
been filed or received by the Registrar.
Copy of list 12. (1) Any party may apply for and, on payment of the prescribed
of exhibits. fee, obtain an office copy of the exhibits for the purpose of an appeal
to the Court or otherwise.
(2) All original documents tendered in evidence to the Court
below at trial shall remain in the custody of the Court below until the
record of appeal has been prepared, and shall then be forwarded with
the record to the Deputy-Registrar in lhe Territory in which the appeal
is to be heard and shall remain in the custody of the Court until the
determination of the appeal:
Provided that the Deputy-Regi..trar shall permit a party for the
purposes of preparing his record to take copies of all such documents
and that the Court or Registrar may allow the return of any document
to any party pending the hearing of the appeal and subject to such
conditions as it or he may impose.
Entering 13. (1) The appellant shall within six weeks from the date when the
appeal. appeal is brought or within such extended time as may be granted by
the Court below or the Court-
(i) file in the office of the Deputy-Registrar-
(a) the record;
Civil Form (b) an affidavit of service of the notice of appeal; and
6. (ii) leave four copies of the record for the use of the Judges
and the Registrar of the Court.
Fixture of (2) The Deputy-Registrar shall thereupon give notice in Form 7
sittings. to the respondent of the filing of the record.
Civil Form
7. (3) The Deputy-Registrar shall thereupon forthwith-
Trans- (a) send the four copies of the record to the Registrar for the
mission use of the Judges of the Court and the Registrar;
record. (b) cause to be served on all parties mentioned in the notice
Civil Form of appeal a notice that the record has been forwarded to
8. the Registrar;
(c) send to the Registrar four copies of any notice or other
document received by him after transmitting the record.









The Federal Supreme Court (Appeal) Rules, 1958-0. II. 25'

(4) The Registrar upon receiving the record shall set down the
appeal for hearing by entering the same on the proper list of appeals.

liithdrawal and inon-compliance
14. Subject to the provisions of rule 5 of this Order, if the appellant Withdrawal
files with the Registrar a notice of withdrawal of his appeal the Registrar of appeal;
shall certify that fact to the Court, which may thereupon order that the Civil Form
appeal be dismissed with or without costs. The appellant at the same 9.
time shall serve copies of the notice of withdrawal on all or any of the Civil Form
parties with regard to whom the appellant wishes to withdraw his appeal,
and any party so served shall be precluded from laying claim to any
costs incurred by him after such service unless the Court shall otherwise
order.
Any party served with a notice of withdrawal may on notice to the
applellant apply to the Court for an order to recover such costs as he
may necessarily or reasonably have incurred prior to the service on him
of the notice of withdrawal together with his costs incurred for purposes
of obtaining the order and for attending upon the Court.
15. (1) It shall be the duty of the Registrar to see that an appellant Default
complies with the provision of rule 13 of this Order, and before the in filing
conclusion of each general sitting shall report to the Court any failure Record and
on the part of an appellant so to comply and the Court of its own documents.
motion may make any such order as it might make upon an application
by the respondent under paragraph (2) of this rule.
(2) If the respondent alleges that the appellant has failed to
comply with the requirements of rule 13 (1) of this Order or any part
thereof, the Court, if satisfied that the appellant has so failed, may dismiss
the appeal for want of due prosecution or make such other Order as the
justice of the case may require.
(3) An appellant whose appeal has been dismissed under this
rule may apply by notice of motion that his appeal be restored and the
Court may in its discretion for good and sufficient cause order that such
appeal be restored upon such terms as it may think fit.

Applications
1(. (1) In any cause or matter pending before the Court, a single Applica-
Judge of the Court may upon application make orders for- single
(a) giving security for costs to be occasioned by any appeals; Judge.
(b) leave to appeal in forma pauperis;
(c) a stay of execution on any judgment appealed from
pending the determination of such appeal;
(d) an injunction restraining the defendant in the action
from disposing or parting with the possession of the
subject matter of the appeal pending the determination
thereof;
(e) extension of time;
and may hear, determine and make orders on any other interloeutory
application.









26 The Federal Supreme Court (Appeal) Rules, 1958-0. II.


(2) Every order made by a single Judge of the Court in pursuance
of this rule may be discharged or varied by any Judges of that Court
having power to hear and determine the appeal.
Applica- 17. Applications referred to in the preceding rule shall ordinarily be
tion to made to a Judge of the Court, but, where this may cauwe undue incon-
Court
below. venience or delay, a Judge of the superior court, from which an appeal
is brought, may on application make orders in that appeal in any of
the matters mentioned in paragraphs (b), (c). (d) and (e).
Mode of 18. (1) The following applications, may be made ex part by affidavit
applica-
tion.i containing the grounds of the application and the order asked for-
(a) applications for leave to appeal in forma pauperis;
(b) applications for extension of time.
(2) Any other application under these rules shall be made by way
of summons or motion. Such application shall be supported by affidavit,
a copy of which shall be served with the summons or notice of motion.
(3) Where an application is made ex parte under sub-rule (1) of
this rule, an order may be made requiring any party affected to be served
with notice of the application.
(4) Where an application under these rules is made by sutnnmons,
an order may be made adjourning the hearing into open court.
(5) Where an application made by sunimmos is heard by the
Court, ii shall be treated as if it were a motion, and it shall be heard
in open court.
Appeal no 19. (1) An appeal shall not operate as a stay of execution or of
stay except proceedings under the judgment appealed from, except so far as the
tby order.
Court below or the court t may order, and no intermediate acl or pro-
ceeding shall be invalidated, except so far as the Court may direct.
(2) On an appeal, interest for such time as execution has been
delayed by the appeal shall be allowed unless the Court otherwise orders,
and the Registrar may compute such ilnerest without any order for
that purpose.
Applica- 20. (1) Before a a application for security for costs is made, a written
tion for
security for demand shall be made by tihe respolldentl and if the (demand is refused
costs, or if an offer of security be made by tihe appellant and not accepted
by the respondent, the Court or the Court below shall in dealing with
the costs of the application consider which of the parties has made the
application necessary.
(2) An application for security for costs may be made at any time
after the appeal has been brought and must be made promptly there-
after.
Bond. (3) An order for security for costs shall direct that in default
Civil Form of the security being given within the time limited therein, or any
11. extension thereof, the appeal shall stand dismissed with costs,









The Federal Supreme Court (Appeal) Rules, 1958-0. II. 27


21. (1) An application for leave to appeal in forma pauperis shall Applica-
be accompanied by- tion for
(a) an affidavit stating-p leave to
appeal in
(i) that the appellant is not worth $120 or 25 forma
excepting his wearing apparel and tools of trade and pauperis.
his interest in the subject matter of the intended
appeal;
(ii) that his usual income from all sources does not exceed
$9.60 or 2 a week;
(b) a certificate of counsel that the appellant has reasonable
ground of appeal.
(2) Where an appellant obtains leave to appeal in forma pauperis
he shall not be required to lodge security for the costs of the respondent'
or to pay any registry fees or any fees for copies of the Judge's notes of
evidence or the documents required for compiling the record.
Interlocu-
Hearing and Judgments tory
appeals.
22. An appeal against an interlocutory order shall be heard before Number of
not less than two Judges of the Court. Judges
23. If the appellant fails to appear when his appeal is called on for Dismissal of
hearing the appeal may be struck out or dismissed with or without costs. ealt of
appearance.
24. When an appeal has been struck out owing to the non-appearance Applica-
of the appellant the Court may, on application by the appellant by notice tion
to the Court, if it thinks fit, and on such terms as to costs or otherwise to re-enter
as it may deem just, direct the appeal to be re-entered for hearing. appeal
Provided that no application under this rule shall be made after the under 0. II,
expiration of twenty-one days from the date of the judgment or order r. 23.
sought to be set aside.

25. If the respondent fails to appear when the appeal is called Non-
on for hearing the Court may proceed to hear the appeal ex parte. oreaspaon-
dent.
26. (1) Where an appeal has been heard ex parte under rule 25 of Applica-
this Order and any judgment has been given therein adverse to the tion to set
respondent he may apply by motion to the Court to set aside such aside ex
judgment and re-hear the appeal and the Court may, if it thinks fit, and part
on such terms as to costs or otherwise as it may deem just, direct the gmen
appeal to be re-entered for hearing.
(2) No application to set aside any judgment or order and re-hear
the appeal under this rule shall be made after the expiration of twenty-one
days from the date of the judgment or order sought to be set aside.
(3) Any such application shall be by motion accompanied by an
affidavit setting forth the reasons and grounds for the application and
the Court may thereupon in its discretion set aside the judgment or
order and order that the appeal be re-heard at such time and upon such
conditions as to costs or otherwise as it may think fit.
27. Subject to the provisions of paragraph (5) of article 85 of the Delivery of
Constitution, the judgments of the Court shall normally be delivered in judgment.
the Territory where the appeal was heard by the judges who heard the
same, but if one or more judges of the Court are not prepared or other-
wise unable to deliver judgment before the conclusion of the sitting-









28 The Federal Supreme Court (Appeal) Rules, 1958-0. II.


(a) judgment may be delivered at a later sitting of the Court
in the same or some other Territory; and
(b) a judge may transmit to the Registrar or Deputy-
Registrar his written judgment which may be read by
any judge of the Court at a sitting of the Court.
Execution 28. When the Court directs any judgment to be enforced by another
of judg- Court, a certificate under the seal of the Court and the hand of the
ment by
Court presiding Judge setting forth the judgment shall be transmitted by the
below. Registrar to such other Court, and the latter shall enforce such judgment
Civil Form in terms of the certificate.
12.
Fees and Costs
Court fees. 29. (1) Save as hereinafter provided, the fees prescribed in
Appendix B shall be charged in respect of the matters to which they
are respectively assigned. The fees chargeable under Part I of
Appendix B shall be paid to the Deputy-Registrar and those chargeable
under Part II shall be paid to the Registrar of the Court below.
Govern- (2) No fees shall be payable by the Federation or a Territory
ment of or any person suing or being sued on behalf of the Federation or a
Federation Territory in respect of-
or Territory
exempted (a) any civil or criminal appeal to which the Federation or
from pay- a Territory or any person so suing or being sued is a
ment of party; or
fees.
(b) any suit instituted by or against the Federation or a
Territory or any person so suing or being sued:
Provided that a judgment in favour of the Federation or a Territory
or any person so suing or being sued for costs to be paid by any party,
not being the Federation or a Territory, or any person so suing or being
sued, shall, unless the Court otherwise orders, include the amount of any
fees which would have been payable if the appeal or suit had been brought
or instituted by or against a private person.
Legal 30. (1) Subject to the provisions of this rule, a Taxing Officer when
Practi- taxing the fees for professional legal services shall-
tioners'
fees. (a) unless the Court when awarding costs orders otherwise,
allow all such costs, charges and expenses as shall appear
to him to have been necessary or proper for the attain-
ment of justice or for the defending the rights of any
party, but save as against the party who incurred the
same, no costs shall be allowed which appear to the
Taxing Officer to have been incurred or increased through
over-caution, negligence or mistake, or by payment of
special fees to counsel or special charges or expenses to
witnesses or other persons, or by other unusual expenses;
(b) adhere to the Schedule of Allowances in Appendix B,
Part III.
(2 )In taxing party and party costs, the Taxing Officer shall also,
unless the court when awarding costs orders otherwise, allow-
(a) the reasonable fees consequent upon the engagement of
counsel:









The Federal Supreme Court (Appeal) Rules, 1958-0. II. 29

Provided that he may disallow the fee of more than
one counsel in unopposed matters and in matters in which
counsel has not appeared on the other side;
(b) in any matter which does not conclude upon the first
day, reasonable refreshers for each day subsequent to the
first;
(c) junior counsel's fee on the basis of two-thirds of the
fee allowed to leading counsel (excluding travelling
expenses and any special fee allowed to leading counsel)
where fees to leading and junior counsel are allowed.
(3) The Taxing Officer may in exceptional cases and for good and
sufficient reason depart from any of the provisions of the Schedule of
Allowances contained in Appendix B, Part III, and in particular in the
taxation of solicitor and client bills of costs, where strict adherence
to such provisions would be inequitable.
31. The fees to be charged for interpreters, witnesses, special Fees not
chargeable
commissioners and examiners shall be those set forth in Part IV of under rules
Appendix B. 29 and 30.
32. (1) Where the costs of an appeal are allowed they may either be Taxation of
fixed by the Court at the time when the judgment is given or may be Costs.
ordered to be taxed.
(2) The Registrar or such Deputy-Registrar as the Registrar by Civil Form
general or special direction shall nominate shall be the Taxing Officer. 13.
(3) Any party who may be dissatisfied with the allowance or Objections
disallowance by the Taxing Officer, in any bill of costs taxed by him, to taxa-
of the whole or any part of any items, may, at any time before the certi- tion.
ficate or allocatur is signed, or such earlier time as may in any case be
fixed by the Taxing Officer, deliver to the other party interested therein,
and carry in before the Taxing Officer, an objection in writing to such
allowance or disallowance, specifying therein by a list, in a short and
concise form the items or parts thereof objected to, and the grounds and
reasons for such objections and may thereupon apply to the Taxing
Officer to review the taxation in respect of the same. The Taxing Officer
may, if he shall think fit, issue pending the consideratoin of such
objections a certificate of taxation or allocatur for or on account of the
remainder of the bill of costs and such further certificate or allocatur as
may be necessary shall be issued by the Taxing Officer after his decision
upon such objections.
(4) Upon such application the Taxing Officer shall reconsider and Review of
review his taxation upon such objections, and he may, if he shall think taxation
by Taxing
fit, receive further evidence in respect thereof, and, if so required by Officer.
either party, he shall state either in his certificate of taxation or allocatur,
or by reference to such objection, the grounds and reasons of his decision
thereon, and any special facts or circumstances relating thereto. The
Taxing Officer may tax the costs of such objections and add them to or
deduct them from any sum payable by or to any party to the taxation.
(5) Any person aggrieved by any order, decision or ruling of the
Taxing Officer may apply to the Court to set aside such order, decision
or ruling and to make such further order as it may think fit.








30 The Federal Supreme Court (Appeal) Rules, 1958-0. III.

(6) Any application to the Court under the foregoing sub-rule
shall be by motion accompanied by an affidavit in support and notice
of such motion shall be served upon the Taxing Officer and upon all
parties having interest therein.
Procedure on appeal from the Court
sitting in its original jurisdiction
Apeasour 33. (1) The provisions of these rules shall apply to all appeals from
exercising the Court sitting in its original jurisdiction.
its original (2) References to the Deputy-Registrar shall be deemed references
jurisdiction to the Registrar, and references to the Registrar of the Court below
shall be deemed references to the Deputy-Registrar unless the case was
tried in the Territory where the Registrar resides when the duties of
the Deputy-Registrar in regard to appeals under this Part shall be
performed by the Registrar.
(3) The forms in Appendix A to these Rules, or as near thereto
as circumstances permit, shall be used in all cases to which such forms
are applicable in appeals from the Court sitting in its original juris-
diction.
ORDER III
CRIMINAL APPEALS

Obligation Institution of Appeals
on appeal 1. A person desiring to appeal to the Court against conviction and/or
up forms of sentence shall commence his appeal by sending to the Registrar of the Court
appeal below a notice of appeal or notice of application for leave to appeal or notice
notices of application for extension of time withifi which such notice shall be given,
ander as the case may be, in the form of such notices set forth in Forms 1 or 2 in
answer
questions Appendix C, and, in the notice or notices so sent, shall answer the questions
thereon, and comply with the requirements set forth thereon subject to the provisions
Criminal of Order I rule 10. The answers to the questions which an appellant is by this
Forms 1 rule required to make in support of his request to be present at the hearing
and 2. of his appeal shall be deemed to be applications to the Court in such matter.
Judge's
certificate 2. (1) The certificate of the Judge of the Court below under regulation
lander reg- 21(b) of the Regulations may be in Form 3 in Appendix C.
21(b). (2) The Judge of the Court below may, in any case in which he
Criminal considers it desirable so to do, inform the person convicted before or sentenced
Form 3. y him that the case is in his opinion one fit for an appeal to the Court under
regulation 21(b) of the Regulations and may give to such person a
certificate to that effect in the Form 3 in Appendix C.
Judge's
certificate
may be 3. (1) Every notice of appeal or notice of application for leave to appeal
given at or notice of application for extension of time within which such notice shall
trial without be given shall be signed by the appellant himself, except under the provisions
application.
Criminal of sub-rules (4) and (5) of this rule.
Form 3.
Any other notice required or authorised to be given shall be in writing
Notices of and signed by the person giving the same or by his legal representative. All
appeal. notices required or authorised to be given shall be addressed to the Registrar
of the Court below to be forwarded by him to the Registrar of the Court.








The Federal Supreme Court (Appeal) Rules, 1958-0. III.


(2) Where an appellant or applicant is a prisoner in prison it shall Service of
be sufficient service to deliver the document at the prison to the officer in documents
charge or person appearing to be the officer in charge thereof, who shall ?n person
cause the same to be served on such prisoner.
(3) Where an appellant or any other person authorised or required Where
to give or send any notice of appeal or notice of any application is unable to appellant
write, he may affix his mark thereto in the presence of a witness who shall write.
attest the same, and thereupon, such notice shall be deemed to be duly
signed by such appellant.
(4) Where, on the trial of a person entitled to appeal, it has been Where
contended that he was not responsible according to law for his actions on the question
of insanity
ground that he was insane at the time the act was done or the omission made involved
by him, any notice required to be given and signed by the appellant himself
may be given and signed by his legal representative.
(5) In the case of a body corporate where any notice or other docu-Notice, etc.,
ment is required to be signed by the appellant himself, it shall be sufficient on behalf
compliance therewith if such notice or other document is signed by the of corpora-
secretary, clerk, manager or legal representative of such body corporate. ons.
4. An application to the Court for an extension of time within which Notice of
notices may be given, shall be in the Form 2 in Appendix C. Every person application
for exten-
making an application for such extension of time, shall send to the Registrar sion of time
of the Court below together with the proper form of such application, a form, for appeal-
duly filled up, of notice of appeal, or of notice of application for leave to ing.
appeal, appropriate to the ground or grounds upon which he desires to question Criminal
his conviction or sentence, as the case may be. Form 2.

Copies of Proceedings, etc.
5. (1) The Registrar of the Court below when he has received a Forwarding
notice of appeal or a notice of application for leave to appeal, or a notice of proceed-
of application for extension of the time within which under the Regulations wings in
Court
such notice shall be given, shall forward to the Registrar four copies of the below to
proceedings in the Court below and if any record has been made of the Registrar.
summing up or direction of the Judge of the Court below, four copies thereof
or if no such record has been made, a statement giving to the best of such
Judge's recollection the substance of the summing up or direction. He shall
also forward the original exhibits in the case as far as practicable and any
original depositions, information, inquisition, plea, or other documents usually
kept by hm, or forming part of the record of the Court below.
(2) One copy of the proceedings and one copy of the summing up
shall be sent by the Registrar of the Court below to the Attorney General at
the same time he complies with paragraph (1) of this rule.
(3) For the purposes of this rule copies of proceedings shall contain -
(a) the indictment or charge and the plea,
(b) the verdict, any evidence given thereafter, and the sentence,
(c) notes of any particular part of the evidence or cross-examina-
tion relied on as a ground of appeal, and
(d) such other notes of evidence as the Registrar of the Court
below or the Registrar may direct to be included in the copies
of proceedings.








32 The Federal Supreme Court (Appeal) Rules, 1958-0. III.


Provided -
(i) In capital cases copies of the notes of all the evidence shall be
supplied ; and
(ii) Upon application by either party to an appeal a single Judge
of the Court or the Court itself may direct that copies of any
particular part, or the whole, of the evidence be supplied to
the Court and to the Attorney General.
Records of 6. (1) Where any trial is had with a jury or assessors, and, by direction
summing up. of the Judge of the Court below, notes in long hand or in short hand or type-
written shall be taken of the summing up or direction of the Judge and of such
parts of the proceedings as the Judge of the Court below may consider
expedient, such record shall be accepted by the Court as accurate unless the
Court has reason to doubt its accuracy.
(2) Where in such a trial the Judge of the Court below does not give
any directions for recording any summing up or direction given by him, his
statement shall be accepted as accurate unless the Court sees reason to the
contrary.
Shorthand (3) The shorthand writer shall sign the shorthand note taken by him
note to be of any trial or proceeding, or of any part of such trial or proceeding, and
certified by certify the same to be a complete and correct shorthand note thereof ; and
the writer, such shorthand note shall be kept in such custody as the Registrar of the
Court below shall, either specially or generally, direct.
Transcript (4) The shorthand writer shall, on being directed by the Registrar of
to be the Court below, furnish to him for the use of the Court a transcript of the
furnished whole, or of any part, of the shorthand note taken by him of any trial or
on appli=
cation of proceeding in reference to which an appellant has appealed under the
Registrar. Regulations.
(5) Where no notes in long hand or in short hand have been taken
by direction of the Judge of the Court below of any other parts of the proceed-
ings required for the purpose of an appeal, the Judge of the Court below
shall furnish to the Registrar of the Court below his notes of the trial or such
part thereof as may be required for such purpose.
Party (6) On the application of a party interested in a trial or other pro-
interested ceeding in relation to which a person may appeal under the Regulations, the
may obtain Registrar of the Court below shall direct the shorthand writer to furnish to
transcript. such party, and to no other person, a transcript of the whole, or of any part
of the shorthand note of any such trial or other proceedings, on payment to
the Proper Officer of the Court below such fees as may be prescribed by
rules of Court in the Territory from which the appeal is brought for copies
of proceedings required on appeal in any criminal cause or matter.
Party (7) A party interested in an appeal under the Regulations may obtain
interested from the Registrar of the Court below a copy of the transcript of the whole
may obtain or of any part of such shorthand note as relates to the appeal on payment to
transcript the Proper Officer of the Court below such fees as may be prescribed by rules
from Regis-
trar. of Court in the Territory from which the appeal is brought for copies of
proceedings required on appeal in any criminal cause or matter.

Definition (8) For the purposes of this rule, "a party interested" shall mean the
of "party prosecutor or the person convicted, or any other person named in, or
interested", immediately affected by, any order made by the Judge of the Court below, or









The Federal Supreme Court (Appeal) Rules, 1958-0. III. 33


other person authorised to act on behalf of a party interested, as herein
defined ; but shall not include the Attorney General, to whom a copy of such
transcript shall be furnished free of charge. Transcript
Transcript
(9) A transcript of the shorthand notes taken of the proceedings at the andhortes
trial, or a copy of the Judge's notes of the trial, of any appellant shall not be or Judge's
supplied free of charge except by an order of the Court or a Judgeto be spp-
thereof, upon an application made by an appellant or by his counsel or solicitor lied free
assigned to him under the Regulations. except by
an order of
Court.
Judge's Report
7. (1) The Registrar of the Court below shall, if in relation to any appeal Report of
Judge of
the Court directs him so to do, request the Judge of the Court below to furnish Court
him with a report in writing, giving his opinion upon the case generally or below.
upon any point arising upon the case of the appellant, and such Judge shall
furnish the same to the said Registrar.

(2) The report o'f the Judge shall be made to the Court, and, the said
Registrar shall on request, furnish a copy thereof to the appellant and respon-
dent, if the Court so directs.

8. When the Registrar of the Court below requests the Judge of the Furnishing
Court below to furnish a report under these Rules, he shall send to such Judge Judge of
a copy of the notice of appeal or notice of application for leave to appeal or bCou with
any other document or information which he shall consider material, or materials
which the Court at any time shall direct him to send or with which such Judge for report.
may request to be furnished by the said Registrar, to enable such Judge to
deal in his report with the appellant's case generally or with any point arising
thereon.

Copies of Documents for use of Appellant or Respondent
9. (1) At any time after notice of appeal or notice of application for leave How appell-
to appeal has been given under the Regulations or these Rules, an appellant or respordent
respondent, or the solicitor or other person representing either of them, may may obtain
obtain from the Registrar of the Court below copies of any documents (other from Regis-
than notes of proceedings) or exhibits in his possession under the Regulations Court
or these Rules for the purposes of such appeals. Such copies shall be supplied below
by the said Registrar on payment to the Proper Officer of the Court below copies of
documents
of such fee as may be prescribed by rules of Court in the Territory from which or exhibits.
the appeal is brought for copies of proceedings required on appeal in any
criminal cause or matter. Counsel and
solicitor
assigned to
(2) Where solicitor and counsel, or counsel only, are assigned to an appellant
appellant under the Regulations, copies of any such documents or exhibits may receive
copies of
which they or he may request the said Registrar to supply shall without charge documents
be supplied unless the said Registrar thinks that they are not necessary for and exhibits
the purpose of the appeal. free on
request.








34 The Federal Supreme Court (Appeal) Rules, 1958-0. III.

Appellant (3) Where an appellant, who is not legally represented requires from
not legally the said Registrar a copy of any such document or exhibit in his custody for
represented
may obtain the purposes of his appeal, he may obtain it free of charge, if the said
copy of Registrar thinks, under all the circumstances, it is desirable or necessary to
documents supply the same to him.
or exhibits
free. Conduct of Prosecution and Defence

Registrar to 10. (1) Whenever the Registrar has received a notice of appeal or a
require notice of application for leave to appeal, or a notice of application for an
proper
officer of extension of time within which such notices shall be given, he shall forthwith
Court apply to the Registrar of the Court below for the following particulars :
below to (a) Name and address of the prosecutor.
furnish him State names and addresses of counsel and/or solicitor for
with par-
ticulars etc., prosecution.
of trial. (b) Whether appellant was defended by counsel and solicitor
privately or by counsel at request of Court.
Give names and addresses of counsel and/or solicitor for
appellant.
Reistrar to (2) When the Registrar has received a notice of appeal or where
Attorney leave to appeal is granted to any appellant, he shall -
General or (a) notify the Attorney General, or
prosecutor,
if a private (b) if the prosecutor is a private person, shall enquire if he
person, of intends to defend the appeal and, if the answer is in the
receipt of negative, the Registrar shall so inform the Attorney General.
notice of
appeal. (3) It shall be the duty of a prosecutor, who declines to undertake the
Prosecutor defence of an appeal, and of his counsel or solicitor, to furnish to the Registrar
to afford all and the Attorney General, or either of them, any information, documents,
information
documents, matters and things in his possession or under his control connected with the
etc., to proceedings against the appellant, which the Registrar or Attorney General
Registrar may require for the purposes of their duties under the Regulations.
and
Attorney-
General. Legal Aid to Appellants
List of 11. (1) The Registrar shall cause to be prepared in such form as he
counsel thinks most convenient for each Territory a separate list of counsel who are
and willing to act as counsel for appellants if and when nominated under the
for pur- Regulations.
poses of (2) The Registrar shall also cause to be prepared in such form as he
the Regula- thinks most convenient a list of solicitors who are willing to act as solicitors
S on behalf of appellants if and when nominated so to do under the Regulations.
Legal aid (3) When legal aid is assigned to an appellant, the Court may give
to be such directions as to the stage of the appeal at which such legal aid shall
provided
from such commence and whether counsel only, or counsel and solicitor, shall be assigned
lists, or otherwise as it may think right.
(4) The Registrar shall thereupon, subject to any special order of the
Court, select from such lists or otherwise a counsel and a solicitor or a counsel
only for the purpose of affording legal aid to an appellant under the directions
of the Court, having regard in so doing to the place at which the appellant was
tried and the counsel and solicitor, if any, who represented the appellant at
his trial and the nature of the appeal.









The Federal Supreme Court (Appeal) Rules. 1958-0. III.


Proceedings before a single Judge
12. (1) Where any application has been dealt with by a single Judge the Procedure
Registrar shall notify to the anpellant the decision in Form 4 in Appendix C. on decision
In the event of such Judge refusing all or any of such applications the Registrar of applica-
on notifying such refusal to the appellant shall forward to him Form 5 in to-tle
Appendix C which form the appellant is hereby required to fill up and forth- Judge.
with return to the Registrar. If the appellant does not desire to have the said Criminal
application or applications determined by the Court as duly constituted for Form 4.
Criminal
the hearing of appeals under the Regulations or does not return within five Form 5.
days to the Registrar Form 5 duly filled up by him the refusal of his applica-
tion or applications by such Judge shall be final. If the appellant desires that
his said application or applications shall be determined by the Court as duly
constituted for the hearing of appeals under the Regulations and is not legally
represented he may, if the Court give him leave, be present at the hearing
and determination by the Court of his said application : provided that an
appellant who is legally represented shall not be entitled to be present without
special leave of the Court.
(2) When an appellant duly fills up and returns within the prescribed
time to the Registrar Form 5 expressing a desire to be present at the hearing
and determination by the Court of the applications mentioned in this rule.
such form shall be deemed to be an application by the appellant for leave to be
so present. The Registrar, on receiving the said form, shall take the necessary
steps for placing the said application before the Court. If the said application
to be present is refused by the Court, the Registrar shall notify the appellant:
and if the said application is granted, the Registrar shall notify the appellant
and the officer in charge of the prison wherein the appellant is in custody, as
provided by these rules. For the purpose of constituting a Court the judge
who has refused any such application may sit as a member of such Court, and
take part in determining such application.
(3) Except where otherwise provided in these Rules, any application to Application
the Court may be made by the appellant or respondent, or by counsel on their not specially
behalf, orally or in writing ; but in regard to such applications, if the appellant fro hoed
is unrepresented and is in custody and is not entitled or has not obtained leave made.
to be present before the Court, he shall make any such application by forward-
ing the same in writing to the Registrar who shall take the proper steps to
obtain the decision of the Court thereron.
(4) In all proceedings before a Judge under regulation 36 of the Solicitor's
Regulations, and in all preliminary and interlocutory proceedings and applica- right of
tions except such as are heard before the Court, the parties thereto may be audience.
represented and appear by a solicitor alone.
13. Where the Court has, on a notice of application for leave to Notice of
appeal duly served and in Form I in Appendix C, given an appellant leave to application
appeal, it shall not be necessary for such appellant to give any notice of appeal for leave
but the notice of application for leave to appeal shall in such case be deemed Criminal
to be a notice of appeal. Form 1.
Suspension of Orders and Admission to Bail
14. (1) Where a person has, on his conviction, been sentenced to payment Person in
of a fine, and in default of payment to imprisonment, and such person remains custody in
in custody in default of payment of the fine, he shall be deemed, for purposes dfault of
of appeal, to be a person sentenced to imprisonment, fine.








36 The Federal Supreme Court (Appeal) Rules, 1958-0. III.


Power of (2) Where any person has been convicted and is thereupon sentenced
Court of to the payment of a fine, and, in default of such payment, to imprisonment,
impose and he intimates to the Judge of the Court below that he is desirous of
recogni- appealing to the Court against his conviction, such Judge may, if he thinks
zances. right so to do, order such person forthwith to enter into recognizances in such
amount, and with or without sureties in such amount, as such Judge may
think right, to prosecute his appeal, and, subject thereto, may order that pay-
ment of the said fine shall be made at the final determination of his said appeal,
Criminal if the same be dismissed, to the Registrar of the Court below, or as the Court
Forms 6 may then order. The recognizances under this rule shall be in Forms 6 and 7
and 7. of Appendix C.
The Registrar of the Court below shall forward the recognizances of the
appellant and his surety or sureties to the Registrar of the Court.
Appellant (3) If an appellant to whom sub-rule (2) of this rule applies does not
committing serve in accordance with these Rules a notice of appeal or of abandonment of
recogni- his appeal within fourteen days from the date of his conviction or sentence, the
zance. Registrar of the Court below shall report such omission to the Court, who
Criminal may, after notice in Forms 8 and 9 in Appendix C has been given to the
Forms 8 appellant and his sureties, if any, order an estreat of the recognizances of the
and 9. appellant and his sureties, and the manner of such estreat shall be that provided
for estreating recognizances under the law of the Territory from which the
appeal is brought, and may issue a warrant for the apprehension of the appel-
lant and may commit him to prison in default of payment of his fine, or may
make such other order as it may think right.
Repayment (4) An appellant who has been sentenced to the payment of a fine,
of fine on and has paid the same or part thereof in accordance with such sentence, shall,
success of in the event of his appeal being successful, be entitled, subject to any order
appeal of the Court, to the return of the sum or any part thereof so paid by him.
Temporary 15. (1) Where, on the conviction of a person, the Judge of the Court
suspension below makes an order condemning such person to the payment of the whole
of orders or of any part of the costs and expenses of the prosecution for the offence of
made on which he shall be convicted out of any moneys taken from such person on his
conviction
as to money, apprehension or otherwise or where such Judge lawfully makes on the convic-
awards, tion of any person before him any order for the payment of money by such
costs, etc. convicted person or by any other person or any order affecting the rights or
property of such convicted person the operation of such orders shall in any
of such cases be suspended until the expiration of fourteen days after the day
on which any of such orders were made. And in cases where notice of appeal
or notice of application for leave to appeal is given within fourteen days from
and after the date of the verdict against such person such orders shall be
further suspended until the determination of the appeal against the conviction
in relation to which they were made. The Court may, by order, annul any
order to which this rule refers on the determination of any appeal under the
Regulations or may vary such order, and such order, if annulled, shall not take
effect, and, if varied, shall take effect as so varied.
The proper officer of the Court below shall keep a record of any orders
to which this rule refers.
Suspension (2) Where upon the conviction of any person of any offence, the trial
of disquali- court orders that any disqualification, forfeiture or disability attach to such
fctieuent person, and notice of appeal or notice of application to appeal is given, the
on convic- Federal Supreme Court may upon application suspend such disqualification,
tion. forfeiture or disability until the determination of the proceedings upon appeal.








The Federal Supreme Court (Appeal) Rules, 1958-0. III. 37

(3) Where the Judge of the Court below makes any such order on a Judge's
person convicted before him, as in this rule mentioned, he shall give such directions
directions as he thinks right as to the retention, by any person, of any money property
or valuable securities belonging to the person so convicted and taken from such of convicted
person on his apprehension or of any money or valuable securities at the date pending
of his conviction in the possession of the prosecution for the period of ten appeal.
days, or in the event of an appeal, until the determination thereof by the Court.
The Proper Officer of the Court below shall keep a record of any directions
given under this rule.
(4) When the Judge of the Court below on the conviction of a person Judge's
before him makes any order for the payment of money by such person or by any actions
other person upon such conviction, and, by reason of this rule, such order would securing
otherwise be suspended, such Judge may, if he things right so to do, direct that payment of
w money by
the operation of such order shall not be suspended unless the person on whom convicted
such order has been made shall, in such manner and within such time as the person
said Judge shall direct, give security by way of undertaking or otherwise for pending
the payment to the person in whose favour such order shall have been made of appeal.
the amount therein named. Such security may be to the satisfaction of the
person in whose favour the order for payment shall have been made or of any
other person as such Judge shall direct.
(5) Where on a conviction any property, matters or things, the subject Suspension
of the prosecution or connected therewith, are to be or may be ordered to be of order of
destroyed or forfeited under the provisions of any regulation, statute, act or trforufeitue
other law, the destruction or forfeiture or order for destruction or forfeiture of property.
thereof shall be suspended for the period of fourteen days from and after the
date on which the verdict on such indictment was returned, and in the event
of an appeal under the Regulations, shall be further suspended until the
determination thereof by the Court.
(6) Where, upon conviction of any person of any offence, any claim Suspension
may be made or any proceedings may be taken under any regulation, statute, of proceed-
act or other law against such person or any other person in consequence of ings or
claims con-
such conviction, such proceedings shall not be taken until after the period of squent on
fourteen days from the date on which the verdict against such person was conviction.
returned nor in the event of an appeal under the Regulations to the Court until
the determination thereof.
(7) Any person affected by any orders which are suspended under this Person
rule may, with the leave of the Court, be heard on the final determination of affected
any appeal, before any such orders are varied or annulled by the Court. may appear.

Procedure on application for bail. Right of
Sureties. Estreat of Recognizances.
16. (1) Where the Court or the Court below admits an appellant to bail Appellant
pending the determination of his appeal on an application by him duly made, and surety's
the said Court shall specify the amounts in which the appellant and his surety 'recogn
or sureties (unless the said Court directs that no surety is required) shall be before
bound by recognizance, and shall direct, if it thinks right so to do, before whom whom to
the recognizances of the appellant and his surety or sureties (if any) may be be taken.
taken.








38 The Federal Supreme Court (Appeal) Rules, 1958-0. III.


(2) In the event of such Court not making any special order or giving
any special directions under this rule, the recognizances of the appellant and
of his surety or sureties (if any) may be taken before a Magistrate or Justice of
the Peace.
Form of
reogni- (3) The recognizances provided for in this rule shall be in Forms 10
zances. and 11 in Appendix C.
Criminal
Forms 10 (4) The Registrar of the Court below shall forward the recognizances
and 11. of the appellant and his surety or sureties to the Registrar.
Presence of
appellant (5) An appellant who has been admitted to bail shall be personally
on bail at present at each and every hearing of his appeal and at the final determination
hearing of thereof. The Court may, in the event of such appellant not being present at
his appeal. any hearing of his appeal, if it thinks right so to do, decline to consider the
Warrant for appeal, and may proceed summarily to dismiss the same, and may issue a
apprehen- warrant for the apprehension of the appellant in Form 12 in Appendix C.
sion of
appellant on Provided that the Court may consider the appeal in his absence, or make
bail.
Criminal such other order as it may think fit.
Form 12.
(6) When an appellant is present before the Court, the Court may, on
Varying an application made by any person, or, if it thinks right so to do, without any
order for
bail. application, make any order admitting the appellant to bail, or revoke or vary
any such order previously made, or enlarge from time to time the recognizances
of the appellant or of his sureties or substitute any other surety for a surety
previously bound as it thinks right.
Power to (7) At any time after an appellant has been released on bail, the Court
revoke
order for or, where the appellant was released on bail by the Court before which he was
bail, convicted, the said Court may, if satisfied that it is in the interest of justice
Criminal so to do, revoke the order admitting to bail, and issue a warrant in Form 12
Form 12. in Appendix C for his apprehension, and order him to be committed to prison.
(8) The Court may on any breach of the recognizances of the appel-
lant, if it thinks right so to do, order such recognizance and those of his
surety or sureties to be estreated, and the manner of such estreat shall be
similar to that provided under the law of the Territory from which the appeal
is brought.
Abandonment of Appeal
Abandon- 17. (1) An appellant at any time after he has duly served notice of appeal
ment of
appeal. or of application for leave to appeal, or of application for extension of time
Criminal within which such notice shall be given, may abandon his appeal by giving
Form 13. notice of abandonment thereof in Form 13 in Appendix C to the Registrar,
and upon such notice being given the appeal shall be deemed to have been
dismissed by the Court.
(2) Upon receipt of a notice of abandonment duly completed and
Criminal signed or marked by the appellant or the party authorized to sign notices
Form 14. under rule 3 of this order, the Registrar shall give notices thereof in Form 14.
in Appendix C to the respondent, the Prison Authority and the Registrar of
the Court below, and in the case of an appeal against a conviction involving a
sentence of death, shall in like manner give notice to the Secretary to the
Governor, for the information of the Governor or the Senior Administrative








The Federal Supreme Court (Appeal) Rules, 1958-0. III. 39

Officer in charge of any Territory and the Registrar shall also return to the
Registrar of the Court below any original documents and exhibits received
from him.
Determination of Appeal
18. Where, upon the trial of a person entitled to appeal against his Varying
conviction, an order of restitution of any property to any person has been order of
made by the Judge of the Court below, the person in whose favour or against restitution
whom the order df restitution has been made, and, with the leave of the Court, of property.
any other person, shall, on the final hearing by the Court of an appeal against
the conviction on which such order of restitution was made, be entitled to be
heard by the Court before any order annulling or varying such order of
restitution is made.
19. Unless the Court direct to the contrary in cases where, in the Judgments
opinion of the Court, the question is a question of law on which it would be of the
convenient that separate judgments should be pronounced by the Judges of Court.
the Court, the judgment of the Court shall be pronounced by the presiding
Judge or such other Judge of the Court hearing the appeal as he may direct,
and no judgment with respect to the determination of any question shall be
separately pronounced by any other member of the Court.
Notification
20. (1) On the final determination of any appeal or of any application to of final
the Court, the Registrar shall give to the appellant, if he be in custody and determina-
has not been present at such final determination, and to the respondent and tion of
appeals.
the Prison Authority notice of such determination in Forms 15 to 18 in Criminal
Appendix C. Forms 15 to
18
(2) In any case of an appeal in relation to a conviction involving a
sentence of death, the Registrar shall on receiving the notice of appeal or of Notification
any application for leave to appeal, send copies thereof to the Secretary to the o appeal
Governor for the information of the Governor or the Senior Administrative cases.
Officer in charge of any Territory and to the Prison Authority, and on the
final determination of any such appeal by the Court shall forthwith notify the
appellant, the Secretary to the Governor for the information of the Governor
or the Senior Administrative Officer in charge of any Territory, the respon-
dent and the Prison Authority thereof.
21. (1) The Registrar at the final determination of an appeal shall notify Notification
in such manner as he thinks most convenient to the Registrar of the Court of result of
below the decision of the Court in relation thereto and also any orders or appeal.
directions made or given by the Court in relation to such appeal or any matter Form 18.
connected therewith.
(2) The Registrar of the Court below shall on receiving the notification Entry of
decision
referred to in this rule enter the particulars thereof on the records of such of Court
Court. on Records.
22. The Registrar of the Court below shall not issue, under any law Restrictions
authorising him so to do, a certificate of conviction of any person convicted in on issue of
the Court below if notice of appeal or notice of application for leave to appeal ro conte
is given, until the determination or abandonment thereof. viction.
23. Upon the final determination of an appeal for the purposes of which Return of
the Registrar has obtained from the Registrar of the Court below any original original
depositions, exhibits, information, inquisition, plea, or other documents usually etc. ons








40 The Federal Supreme Court (Appeal) Rules, 1958-0. III.


kept by such Registrar, or forming part of the record of the Court below, the
Registrar shall, where practicable, cause the same to be returned to the
Registrar of the Court below.

Procedure as to Witnesses before Court and
their examination before examiner.
Attendance
of witness 24. (1) Where the Court has ordered any witness to attend and be
before the examined before the Court an order in Form 19 in Appendix C shall be
Court.
Criminal served upon such witness specifying the time and place at which to attend
Form 19. for such purpose.
Application
to Court to (2) Such order may be made on the application, at any time, of the
hear wit- appellant or respondent, but if the appellant is in custody and not legally
Crsinsal represented the application shall be made in Form 20 in Appendix C.
Form 20.
Order (3) Where the Court orders the examination of any witness to be
appointing conducted otherwise than before the Court itself, such order shall specify the
examiner, person appointed as examiner to take, and the place of taking, such examina-
tion and the witness or witnesses to be examined threat.

Furnishing (4) The Registrar shall furnish to the person appointed to take such
examiner examination any documents or exhibits and any other material relating to the
with exhi- said appeal as and when requested to do so. Such documents and exhibits
necessary and other material shall after the examination has been concluded be returned
for exami- by the examiner, together with any depositions taken by him under this rule,
ration. to the Registrar.

Notification (5) When the examiner has appointed the day and time for the
of date of examination he shall request the Registrar to notify the appellant or respon-
examination. dent and their legal representatives, if any, and when the appellant is in prison,
the Prison Authority thereof. The Registrar shall cause to be served on every
Frimin a witness to be examined a notice in Form 21 in Appendix C.

(6) Every witness examined before an examiner under this rule shall
tobe taken give his evidence upon oath to be administered by such examiner, except where
on oath, any such witness if giving evidence as a witness on a trial on indictment need
not be sworn.
Deposition
of witness (7) The examination of every such witness shall be taken in the form
how to be
taken. of a deposition and unless otherwise ordered shall be taken in private. The
Criminal caption in Form 22 in Appendix C shall be attached to any such deposition.
Form 22.
Expenses of (8) Where any witness shall receive an order or notice to attend before
witnesses
before the Court or an examiner, the Registrar may, if it appears to him necessary
examiner, so to do, pay to such witness a reasonable sum for his expenses.
Presence of
parties at (9) The appellant and his legal representative (if any) and the respon-
exawination dent shall be entitled to be present at and take part in any examination of any
nesses witness to which this rule relates.wit-
nesses. witness to which this rule relates.








The Federal Supreme Court (Appeal) Rules, 1958-0. IV. 41

25. When an order of reference is made by the Court to a special Proceedings
commissioner, the question to be referred, and the person to whom as special on
commissioner the same shall be referred, shall be specified in such order. The reference.
Court may in such order, or by giving directions as and when it from time to
time shall think right, specify whether the appellant or respondent or any person
on their behalf may be present at any examination or investigation or at any
stage thereof as may be ordered, and specify any and what powers of the Court
may be delegated to such special commissioner, and may require him 'from time
to time to make interim reports to the Court upon the question referred to him,
and may, if the appellant is in custody, give leave to him to be present at any
stage of such examination or investigation and give the necessary directions to
the Prison Authority accordingly, and may give directions to the Registrar that
copies of any report made by such special commissioner shall be furnished to
the appellant and respondent. Judge to
forward
Case stated under regulation 37 of the Regulations special case
to Registrar
26. (1) The Judge of the Court below shall forward any case stated by him and copies
to be sup-
in pursuance of regulation 37 of the Regulations to the Registrar who shall plied to
on receiving the same send a copy of such case to the appellant and respondent appellant
respectively, and respon-
dent.
(2) Where under the provisions of regulation 37 of the Regulations, These rules
the Judge of the Court below states a case for the consideration of the Court, to apply to
the person convicted shall for the purposes of these rules be deemed to be an convicted
appellant who has appealed under regulation 21 of the Regulations, provided persons
where case
that in such case regulation 35(2) thereof shall not apply, stated under
regulation
Windward Islands and Leeward Islands
27. For the purposes of paragraph (2) of article 83 of the Constitut- Ascertain-
tion, the determination of the Supreme Court. of the Windward Islands and ment of
Leeward Islands in any criminal cause or matter shall be deemed to be made Tertory in
in the exercise of its jurisdiction in that Territory in which is situated the Supreme
Supreme Court Registry where the information or charge the subject matter Court,
of the criminal cause or matter was properly lodged. Windwards
and Lee-
wards exer-
ORDER IV cise its
criminal
APPEALS TO PRIVY COUNCIL jurisdiction.
1. (1) Any person aggrieved by the order of a single judge made in Applicatioin
exercise of his powers under regulation 54 of the Regulations may within seven to vary
days of such order apply to the Court (consisting of three judges) to vary, order of
discharge or reverse the order. single judge
made under
(2) An application under this rule shall be by motion supported by regulation
affidavit a copy of which shall be served with the motion. 54 of the
Regulations.
Made this 17th day of February, 1958.


ERIC HALLINAN,
Chief Justice.








42 The Federal Supreme Court (Appeal) Rules, 1958


APPENDIX A

CIVIL FORMS

Index of Forms

Form No. Rulppeal Description of Form
Form No. Rules No.


1 (1)
2 (1)


5 (1)


7 (1)

8 (1)

13 (1) (i) (b)

13 (2)

13 (3) (b)

14
14

20 (3)
28
32


Notice of Appeal.
Notice of Motion for special leave to
appeal.
Notice by Respondent of intention to
contend that decision of Court below
be varied.
Notice by Respondent of intention to
rely upon preliminary objection.
Summons to Parties by Registrar
to settle Record.
Affidavit of Service of Notice of
Appeal.
Notice to Respondent of filing of
Record.
Notice to Parties of Despatch of
Record.
Notice of Withdrawal of Appeal.
Certificate by Registrar of With-
drawal of Appeal.
Bond for Costs on Appeal.
Certificate of the Order of the Court.
Notice of Taxation.


Order II-r.


1
2

3


4

5

6

7

8

9
10

11
12
13








The Federal Supreme Court (Appeal) Rules, 1958


0. TI, r. 1(1).
CIF'IL FORMI 1
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
NOTICE OF APPEAL
(T territory) .......................
Civil Appeal No.........of 19....
Between
.................. ............. (Plaintiff/Defendant)* Appellant(s)
and
................................. (Plaintiff/Defendant) Respondent (s)
TAKE NOTICE that the (Plaintiff/Defendant) Appellant being
dissatisfied with the decision/that part of the decision* more particularly

stated in paragraph 2 hereof of the ........... (Court) ..............

contained in the judgment/order* of ............................

dated the ................. day of .......................... 19.. ,
doth hereby appeal to the Federal Supreme Court upon the grounds set
out in paragraph 3 and will at the hearing of the appeal seek the
relief set out in paragraph 4.
And the Appellant further states that 1he names and addresses
of the persons directly affected by the appeal are those set out in
paragraph 5.
2. [Insert here whole of part of decision of the lower Court complained
of]
3. Grounds of Appeal.
(1)
(2)
(3) etc.
4. [Insert here the relief sought from the Federal Supreme Court]
5. Persons directly affected by the appeal :
Name Address
(1)
(2)
(3) etc.

DATED this ................ day of ................ 19 ...



Appellant(s).
*Strike otlt words inapplicable.
If appealing against the whole decision insert "Whole decision".








44 The Federal Supreme Court (Appeal) Rules, 1958


0. II, r. 2(1).

CIVIL FORM 2

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF MOTION FOR SPECIAL LEAVE TO APPEAL

(Territory)...... ..............

Civil Appeal No......... of 19....
Between
S.. ...... ................ .. (Plaintiff/Defendant) Appellant(s)
and
S..... ......................... (Plaintiff/Defendant)* Respondent(s)

TAKE NOTICE that the Federal Supreme Court at ..............

will be m oved on the .......... day of .......................19 .....

at ................ o'clock in the forenoon or as soon thereafter as
counsel can be heard on the hearing of an application for special leave to

appeal against the decision of the ................. (Court) ...........

given on the ............ day of ......................... 19 .......

AND further take notice that the grounds of this application
are :-


DATED this ............ day of .................. 19 ....



,...............................
Applicant or his Solicitor.
To
The Registrar,
Federal Supreme Court.


A n d t . . .. .. . .. . .. ... .. ... . .. .. . .. .. . .. .. . .. . .

tlnsert name of respondent.
*Strike out words inapplicable:









The Federal Supreme Court (Appeal) Rules, 1958 45


0. II, r. 5(1).

CIVIL FORM 3

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE BY RESPONDENT OF INTENTION TO CONTEND
THAT DECISION OF COURT BELOW BE VARIED

(Territory) .......................

Civil Appeal No......... of 19....
Between
.............................. (Plaintiff/Defendant)* Appellant(s)
and
............. ................ (Plaintiff/Defendant)* Respondent(s)

TAKE NOTICE that upon the hearing of the above appeal the
Respondent herein intends to contend that the decision of the (Court

below) dated the .............. day of .................... 19....,
shall be varied as follows :-t

AND TAKE NOTICE that the grounds on which the Respondent
intends to rely are as follows :-

1.
2.
2, etc.


DATED liis .............. day of .................... 19 ......


(Respondent(s)
To ...................... (Appellant)
and to the Registrar.




"Strike out words inapplicable.
tState the variation which will be asked for.










The Federal Supreme Court (Appeal) Rules, 1958


0. II, r. 7(1).

CIVIL FORM 4

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE BY RESPONDENT OF INTENTION TO RELY UPON
PRELIMINARY OBJECTION

(T territory) .......................

Civil Appeal No.........of 19....

Between

................... ............. (Plaintiff/Defendant)* Appellant(s)
and

............................... (Plaintiff/Defendant)* Respondent(s)

TAKE NOTICE that the Respondent herein named intends, at the
hearing of this appeal, to rely upon the following preliminary objection
notice whereof iq hereby given to you, viz :-

AND TAKE NOTICE that the grounds of the said objection are as
follows :-

1.
2.
3, etc.


DATED this .............. day o .................... 19......





(Plaintiff/Defendant) Respondent(s)


''T tli above-namfd (Painktitf/l)ofendant)* Appellant(s).


*Strike out words inapplicable.







The Federal Supreme Court (Appeal) Rules, 1958


0. 11, r. 8(1).

CIVIL FORM 5

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

SUMMONS TO PARTIES BY REGISTRAR TO SETTLE RECORD

(Territory) ............ ..........

Civil Appeal No......... of 19 ....

Between

.................. .............. (Plaiiitiff/lefeudant)* Appellant(s)
and

.................. ............. (Plaintiff/Defendaint)* Respondent (s)

TAKE NOTICE that all parties concerned are required to attend

before me at the Registry of the Supreme Court at ....................

on ............... the .............. day of .................. .. .. ,

at the hour of ....................... in the ............... noon lo
proceed with settling of the reeorrd of appeal herein.


DATED this .............. day of ............... 19...






Registrar (of Court below)

To


*Strike out words inapplicable,







The Federal Supreme Court (Appeal) kules, 1958


O. II, r. 13(1) (i) (b).

CIVIL FORM 6

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

AFFIDAVIT OF SERVICE OF NOTICE OF APPEAL

(Territory) ............ ..........

Civil Appeal No.........of 19 ....

Between

............................... (Plaintiff/Defendant)* Appellant (s)
and

................... ......... (Plaintiff/Defendant) Respondent (s)

I, .................... of ........................ (occupation)
do make oath and say :-

That notice of appeal in the above appeal filed herein on the ........

day of ................... 19 ...., was duly served uponl ...........

the Respondent herein, (here state mode of service) ....................

on the .......... day of ...................... 19...., in accordance
with the Federal Supreme Court (Appeal) Rules, 1958.

Sworn to at the ................
(address)
on the ...... day of ............

19 ......

Before me




Commissioner of Affidavits


This affidavit is filed on behalf of ...............................


'Strike out words inapplicable.









ihe Federal Supreme Court (Appeal) Rules, 1958 49

0. II, r. 13(2).
CIVIL FORM 7
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
NOTICE TO THE RESPONDENT OF FILING OF RECORD
(Territory) .......................
Civil Appeal No.... .. .of 19 ....
Between
.............................. (Plaintiff/Defendant)* Appellant (s)
and
........................ ...... (Plaintiff/Defendant)* Respondent (s)
TAKE NOTICE that the above-named Appellant has duly filed the
record and documents required to be filed pursuant to Order II rule 13(1)
of the Federal Supreme Court (Appeal) Rules, 1958.

DA TED this .............. day of .................... 19......



Registrar (of Court below)
To The Respondent, etc.
'Strike out words inapplicable.


0. 11, r. 13(3) (b).
CIVIL FORM 8
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
NOTICE TO PARTIES OF DESPATCH OF RECORD
(Territory) .......................
Civil Appeal No.........of 19....
Between
................... ............. (Plaintiff/Defendant) Appellant(s)
and
................................ (Plaintiff/Defendant) Respondent(s)
TAKE NOTICE that the record in the above-named appeal has this
day been forwarded to the Registrar of the Federal Supreme Court.

DA TED this .............. day of .................... 19......



Registrar (of Court below)
To .................. Appellant(s)

and ................. (Respondent(s)
*Strike out words inapplicable.








The Federal Supreme Court (Appeal) Rules, 1958


0. II, r. 14.

CIVIL FORM 9

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF WITHDRAWAL OF APPEAL

(T territory) .......................

Civil Appeal No......... of 19...

Between

................ ............ (Plaintiff/Defenidant)* Appellant(s)
and

................ .............. (Plaintiff/Defendant)* Respondent(s)

TAKE NOTICE that the Appellant(s) herein intends) and doth
hereby wholly withdraw his/their appeal against (all) the Respondent(s)
in the above-mentioned appeal.



D ATED at ............ this .......... day of ..........19......






Appellant(s)

The Registrar,
Federal Supreme Court.

And to ........................ Respondent(s)
and the Registrar of the Court below.


*Strike out words inapplicable,









The Federal Sup:-eme Court (Appeal) Rules. 1958 51


0. II, r. 14.
CIVIL FORM 10
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

CERTIFICATE BY REGISTRAR OF WITHDRAWAL
OF APPEAL

(T territory) .......................
Civil Appeal No......... of 19....
Between
................. ............. (Plaintiff/Defendant)* Appellant(s),
and
................. ............. (Plaintiff/Defendant)* Respondent(s)
I HEREBY CERTIFY that the Appellant(s) in the above-mentioned
appeal has/have on the ............ day of ................ 19......
filed notice of withdrawal of the appeal herein.

DA TED at.........the .......... day of..................19.. .



Registrar of the Court.
*Strike out words inapplicable.


O. II, r. 20(3).
CIVIL FORM 11
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
BOND FOR COSTS ON APPEAL
(T territory) .......................
Civil Appeal No.........of 19....
Know all men, by these presents, that we .........................
. .. . . .. .. . . . .. ... ... . . o f . .. . .. . .. .. .. . .. . . .
an d ........................... of ...........................
an d ........................... of ............................
are jointly and severally held and firmly bound to ....................
of ....................... in the sum of .................... dollars
of lawful money to be paid to the said ..............................








52 The Federal Supreme Court (.-Ippeal) Rules, 1958


his executors, administrators or assigns, for which payment well and
truly to be made, we bind ourselves, and each of us; for himself, in the
whole our and every of our heirs, executors and administrators, firmly
by these presents.

(Sgd.) .................... (Appellant)
.................... (Surety)
.................... (Surety).
DATED the ............ day of ................... in the year of
Our Lord, 19 .....

WHEREAS a suit is now depending in the Court at ..............
-w herein the above-bounden .....................................
is Plaintiff and the said ... .....................................
is Defendant ;

AND WHEREAS a judgment was given by the Court therein, on
-the ................ day of ............. .............. for the said
........... ........................................... and the
said ........................................... has filed
Notice of Appeal from the said judgment ;

AND WHEREAS it is by law provided that the party appealing
shall give security to the satisfaction of the Registrar of the (Court below)
for the due prosecution of the appeal and for the payment of any costs
*which may be ordered to be paid by the appellant.

AND W HEREAS the above-named ..............................
and ................ .....................,. at the request

of the said ............................ ............ have agreed
-to enter into this obligation for the purposes aforesaid :

Now the condition of this' obligation is such, that if the said
................... .................... ...... shall duly prosecute
the appeal and if the above-bounden .............................
.and ............. ................. .... .......... any or either
of them shall pay any costs which may be ordered to be paid by the
.appellant this obligation shall be void, otherwise remain in full force.


Signed and delivered in (L.S.)
the presence of (L.S.)
(L.S.)









The Federal Supreme Court (Appeal) Rules. 1958 53


0. II, r. 28.
CIVIL FORM 12

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

CERTIFICATE OF THE ORDER OF THE COURT

(T territory) .....................

Civil Appeal No. ......... of 19 ...
A ppeal from the .................... ......................

of the

dated the ................ day of .................... 19......


....................... M otion

............................ A ppeal N o.

............. ......... (Plaintiff/Defendant)* Appellant(s)
V.
............................. (Plaintiff/Defendant)* Respondent (s)

.+ ...................... ......... .. .........................

This appeal coming on for hearing on the .................. day

of ................... 19 .......... before ........................

in the presence of .. ...........................................

for the Appellant(s), and .. ....................................
for the Respondent(s).

I HEREBY CERTIFY that an Order was made as follows :-

Given under my hand and the Seal of the Court this ..............

day of ......................... 19 ......


Presiding Judge.


Registrar.
*Strike out words inapplicable.
tInsert "President" or "Presiding Judge."









54 The Federal Supreme Court (Appeal) Rules, 1958


0. II, r. 32.

CIVIL FORM 13

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF TAXATION

(T territory) .......................

Civil Appeal No.........of 19....

Between

............................. (Plaintiff/Defendant)* Appellant (s)

and

................ ............. (Plaintiff/Defendant)* Respondent(s)

TAKE NOTICE that the Bill of Costs of the ....................

herein, will be taxed on ................. the day of ...............

19......, at the hour of ................ o'clock in the ........ noon.

Your absence notwithstanding.


DATED at .......... this ........ day of .............. 19......







Taxing Master.




To the above-named Appellant of ................

and ........................ (Respondent) of .............


'Strike out words inapplicable.









The Federal Supreme Court (Appeal) Rules, 1958 55


APPENDIX B

PART I
Fees of Court in Civil Appeals or Appeals from the Court exercising
its original jurisdiction.
To be paid to the Registrar. of the Federal Supreme Court
Under Order II rule 29


1. On filing notice of appeal against a final
judgment or decision, entering the appeal
for hearing and on judgment thereunder
an inclusive fee of .
2. On filing respondent's notice of intention
to contend that decision of Court below be
varied .
3. For entering a special case, case stated,
point of law or demurrer for argument,
entering same for hearing and on judgment
thereunder an inclusive fee of
4. On filing notice of appeal against an
interlocutory order or decision, entering
the appeal for hearing and on judgment
thereunder an inclusive fee of
5. On making any application not otherwise
specifically provided for, and for filing
judgment or order thereunder an inclu-
sive fee of ..
6. On filing bond to secure costs of appeal
7. On filing motion for leave to appeal to
Privy Council
8. On filing every bond where the appeal is
to Privy Council ..
9. On filing order for leave to appeal to
Privy Council .
10. On appointment to settle record on appeal
to Privy Council .
11. On sealing record on appeal to the Privy
Council .. .
12. On filing every document or exhibit for
which no special fee is provided ..
13. On taxation of bill of costs including
certificate .. .
14. On certifying any document as an office
copy .. .
15. If in a foreign language, the actual cost
of making and examining the copy, and,
in addition, for marking and sealing the
copy as an office copy


E. s. d. or$ $



2. 10. 0 12.00


1. 0. 0 4.80


1. 10. 0 7.20



1. 10. 0 7.20


1. 0.
10.


4.80
2.40


10. 0 2.40

10. 0 2.40

10. 0 2.40

5. 0 1.20

10. 0 2.40

2. 6 .60

10. 0 2.40

5. 0 1.20



5. 0 1.20









The Federal Supreme Court (Appeal) Rules, 1958


16. For an office copy of a plan, map, section,
drawing, photograph or diagram the actual
cost of making and examining the copy,
and, in addition, for marking and sealing
the copy as an office copy
17. For a copy of reasons for judgment of a
Justice or a Court, per folio of 100 words
But with a minimum fee, for one set of
reasons, of ..
And with a maximum fee for one set of
reasons of .. .. ..
18. For a copy of a report of a Registrar per
folio of 100 words ..
19. On pursuing and allowing by a Judge or
Registrar of any bond
20. On sealing a writ of subpoena not exceed-
ing three persons
21. For a certificate of a Registrar for which
no special fee is provided
22. On obtaining appointment for examination
of a witness before an officer of the Court
or other person
23. In respect of every witness examined by
an officer or other person in his office, for
each hour or part of an hour
24. For an examination of witnesses away
from the office of the examiner, the reason-
able travelling and other expenses in
addition to the fee chargeable under Item
23.
25. For making every search
26. For an office copy of any document filed
in the Registry, per folio of 100 words, for
the first folio .. .
For every other folio or part thereof


&. s. d. or $ $




5. 0 1.20

6 .12

5. 0 1.20

5. 5. 0 25.20

6 .12

5. 0 1.20

5. 0 1.20

5. 0 1.20


5. 0 1.20


5. 0 1.20





2. 6 .60


1. 0
6


PART II
Fees payable to Court from which appeal is brought
Under Order II rule 29


1. On office copies of any document to be in-
cluded in record-including judges' notes
of evidence, for the first folio to consist
of 100 words .. .
For every other folio or part thereof


1. 0 .24
6 .12









The Federal Supreme Court (Appeal) Rules, 1958 57


2. On certifying any document as an office
copy .. ..
3. Transcript of shorthand writer's notes,
such fee as may be determined by the
Registrar
The fees to be taken in the offices of the
Sheriff, Marshal or a Deputy Marshal are
the same as those which, by the practice
of the Supreme Court of the Territory
in which the proceeding is taken or the
act is done or authorised are required to
be taken by the Sheriff, Marshal or Deputy
Marshal in respect of a like proceeding
or act in a cause pending in that Court.


. s. d. or $ 0

5. 0 1.20


PART III
Legal Practitioners' Fees in Civil Appeals and in Appeals
from the Court exercising its original jurisdiction.
Schedule of Allowances
[Save in respect of item 19, a folio shall consist of one hundred words
(or figures) or parts thereof; four figures to count as a word.]


Instructions
1. Instructions to file notice of appeal (in-
eluding grounds of appeal)
2. Instructions to file notice of cross appeal
(including grounds of appeal)
3. Instructions to file any application relative
to an appeal
4. Instructions to appear for the respondent
to any application to an appeal
5. Instructions to file case stated or special
case having regard to the amount involved
in the appeal, its nature, importance and
difficulty, the interest of the parties, the
other costs to be allowed, the general con-
duct of the proceedings and all their rele-
vant circumstances
6. Instructions for affidavit and for any other
interlocutory matter, the charge for which
is not specified in these scales ..
7. Instructions for brief to counsel to advise
or to settle pleadings. This will be allow-
ed where jusifiable under the circumstances
of the particular case


. s. d. or $

2. 2. 0 10.08

2. 2. 0 10.08


1. 1. 0


5.04


1. 1. 0 5.04







2. 2. 0 10.08


10. 6 2.52


1. 1. 0 5.04









58 The Federal Supreme Court (Appeal) Rules, 1958


Drawing notices of appeal and other documents
8. Drawing notice of appeal including
grounds of appeal .. ..
9. Drawing notice of motion ..
10. Drawing a cane stated
11. Drawing notice of cross appeal, including
grounds of appeal .
12. Drawing any order
13. Drawing any petition, affidavit, any notice
except a formal notice, summons, further
particulars or request for further par-
ticulars
14. Drawing any writs of execution, arrest or
attachment and any other important docu-
ment not otherwise provided for .. /

15. Drawing index of record or any index to
to brief .. .. .
16. Drafting Instructions to Counsel with
brief on any matter .
17. Drawing any subpoena or any formal
notice-each document
18. Drafting a letter or telegram
If more than one folio, for each additional
folio ..
Copy to keep, where necessary, per folio
19. Drawing Bill of Costs, per folio
NOTE: A folio is to comprise 72 words, every
figure comprised in a column or author-
ized to be used being counted as one
word.
Copying
20. Copies of the record on appeal, if prepared
by the appellant's attorney or solicitor,
such fee for the first copy and such fee
for additional copies as the Registrar may
consider reasonable.
(If not prepared by the appellant's
attorney or solicitor the reasonable cost of
the record as a disbursement).
21. Copies of any matter required for the
Court, for counsel, for the attorney or
for service or for any other necessary pur-
pose, for the first copy per folio
For each additional copy per folio ..
A ttendances
22. At the Registry (clerk's attendance)


per folio for the
first 20 folios
3s. Od. or 72#
and thereafter
per folio
Is. 6d. or 36.
(The minimum charge
under these items
shall be 1. Is. Od
or $5.04 save that
the minimum shall
not apply in the
case of verifying
affidavits
of service and other
formal affidavits).
E. s. d. or$ $

3. 0 .72
per folio


1.20
1.80


1. 6
6
3. 0


1. 0
6


6. 8 1.60









The Federal Supreme Court (Appeal) Rules, 1958 59


23. On the Registrar in chambers at the rate
per hour or part thereof (to be increased
at the discretion of the Taxing Officer) ..
24. On an opposite party, if necessary and
proper, the like as under the preceding
items.
25. On a Judge in chambers-at the rate per
hour or part thereof (to be increased at
the discretion of the Taxing Officer)
26. In Court where matter listed but not
reached, on any day for each hour or part
thereof necessarily and justifiably spent
27. Attendance on receipt of letter or tele-
gram .. ..
28. Attendance on receipt of formal acknow-
ledgment
29. Other merely formal attendances including
attendances to file, to swear affidavits or
to bespeak copies .. .
30. Attendances not purely formal and includ-
ing attendances on witnesses and others
to obtain statements and other materials
for brief on trial or for use at trial but not
including attendances to represent parties
at hearing in Court or chambers ;
such fee as may be reasonable according
to circumstances with a minimum fee of
in respect of each hour or part thereof ..
31. Attendance to inspect or produce pursuant
to notice per hour or part thereof
32. Attendance before a Registrar in chambers
on taxation matters for each hour or part
thereof .
33. Attending at hearing as solicitor of an
appeal or any other matter in Court for
each day as may be necessary such sum as
may, in the opinion of the Taxing Officer
be reasonable not being less than .
34. Attending Court to hear reserved judg-
ment per hour .. .
35. Attendance upon a shorthand writer to
obtain copy of transcript for appellate
purposes ..
36. Attending to issue writ of execution
37. Any attendance not specifically provided
for .. .


E. s. d. or $


1. 1. 0 5.04






1. 11. 6 7.56


1. 1. 0 5.04

5. 0 1.20

3. 4 .80


6. 8 1.60









1. 1. 0 5.04

1. 1. 0 5.04


1. 1. 0 5.04




3. 3. 0 15.12

1. 1. 0 5.04


2.52
2.52


7. 6 1.80








The Federal Supreme Court (Appeal)


38. Journeys necessarily undertaken.
An allowance for the time necessarily
occupied on the journey and, in the case
of a journey to attend the trial, to include
an allowance for the time which, in the
opinion of the Taxing Officer, a legal
representative is necessarily detained at
the place of trial. Such sum per day,
including Sundays, as the Taxing Officer
may think reasonable, not to exceed
Disbursements for fare, hotel and trans-
port expenses are also to be allowed, but
not for normal out of pocket expenses
other than board and lodging.
The disbursement allowed for travelling
by motor car shall be at the rate of Is.
per mile provided the total distance
travelled exceeds three miles. For jour-
neys under three miles no allowance shall
be made for travelling by motor car.
39. Agency correspondence if shown to the
satisfaction of the Taxing Officer that ,uch
correspondence has been necessary and
reasonable. Such sums as would be
allowed under items 18 or 40.
40. Letter., messages, etc. Such fee includ-
ing letters not otherwise allowed between
party and party as the Taxing Officer may
consider reasonable not exceeding
Perusals
41. Perusals of any necessary documents
for the first 10 folios-per folio
For each subsequent folio ..
Disbursements
42. All Court fees, counsel's fees and other
fees and payments which, in the opinion
of the Taxing Officer have been properly
paid, shall be allowed
Maps, Plans and Models
43. The Taxing Officer may allow such fees
for maps, plans and models for use at the
trial or hearing as he considers reasonable.
Marshal, Sheriff and Bailiff's Fees
44 There shall be paid to Sheriffs, Marshals
and Bailiffs, such fees and travelling and
subsistence allowances as are by Terri-
torial law prescribed for the service or
execution of any summons, warrant, writ,


E. s. d. or (









5. 5. 0 25.20


















10. 6 2.52


Rules, 1958








The Federal Supreme Court (Appeal) Rules, 1958


or other process of the Supreme Court of
the Territory in which the execution or
service is sought to be levied or effected.

PART IV
l witnesses' Interpreters'. Special Commiissioners' and
E.xamniners' Fees.
Under Order II, rule 41.
Subsistence Allowances payable to ll'itnesses.
1. Subject to the provisions of this Part, a subsistence allowance shall be
paid to a witness at the following rate -
(a) in the case of a professional man or a person who is earning at a
rate in excess of 1,000 (or $4,800.00) per annum, 1. Is. Od. per
hour but not exceeding 3. 3s. Od. (or $15.12) per day ;
(b) in all other cases at the rate prescribed by the rules of the Supreme
Court of the Territory where the Court is sitting.
2. No allowance shall be paid in any criminal proceeding to a witness who
is an officer in the public service of the Federation or a Territory other than
an hourly or daily paid employee.
3. A subsistence allowance shall only be paid to a witness in respect of the
period during which he is necessarily detained and which is reasonably spent
in travelling to and from the place where the Court is sitting.
4. No additional subsistence allowance shall be payable to a witness who
gives evidence in more than one case on the same day.
5. By order of the Court a qualifying fee may be allowed to a witness in
a proper case at the same rate as would be allowed to him for attending the
kCourt.
Remuneration of Interpreters
6. Interpreters shall be paid at the rate prescribed by the rules of the
Supreme Court of the Territory where the Court is sitting.
No remuneration will be paid in any criminal proceeding to an inter-
preter who is a member of the Federal or Territorial Public Services.
The Registrar may increase the scales of remuneration prescribed in this
Part if, in his opinion, strict adherence to such scales would cause undue
hardship.
Travelling Allowances payable to witnesses, special
Commissioners and Assessors
7. Subject to the provisions of this Part, a witness, special commissioner or
assessor who travels by air, rail or other public conveyance shall be entitled
to a refund of the actual fare paid by him.
8. If the journey cannot be reasonably performed by air, rail or other public
conveyance, a witness, special commissioner or assessor may use his own
mnode of transport and, in such case, shall be paid a travelling allowance at
the following rate -
(a) if motor transport is used, Is. Od. per mile or part thereof ;
(b) if motor-cycle transport is used, 4d. per mile or part thereof
(c) If cycle transport is used, 2d. per mile or part thereof.








62 The Federal Supreme Court (Appeal) Rules, 1958


9. If a witness, special commissioner or assessor conveys another person who
is a witness, special commissioner or assessor in or on his own conveyance,
the rate of allowance payable to him in terms of paragraph 2 shall be increased
by an additional 2d. per mile or part thereof in respect of each person so
conveyed.
10. A witness, special commissioner or assessor who travels in or on the
conveyance of another person who is a witness, special commissioner or
assessor shall not be entitled to any travelling allowance.
11. No travelling allowance shall be paid to a witness, special commissioner
or assessor who resides within two miles of the place at which the Court is
sitting.
12. When two or more modes or routes of travelling are reasonably available
to a witness, special commissioner or assessor the travelling allowance payable
to such person shall be at the rate for travelling by the mode or route which
entails the least cost.
13. When a witness, special commissioner or assessor travels by rail, the
travelling allowance payable to him shall be for travel by such class as he
might reasonably be expected to travel.

Remuneration of Special Commissioners and Assessors
14. A special commissioner or assessor shall be remunerated at the rate of
1. Is. ($5.04) per hour or part thereof, but his remuneration shall not
exceed 5.5s. ($25.20) per day.









The Federal Supreme Court (Appeal) Rules, 1958 63


APPENDIX C

CRIMINAL FORMS
Indcx of Forms.


Form No.

1


24 (7)


Appeal
Rules No.

Order III-r. 1 & 13


1 & 4

2 (1)
12

12

14(2)

14 (2)

14 (3)

14 (3)

16 (3)
16 (3)
16 (5) & (7)

17 (1)
17 (2)

20 (1)

20 (1)

20 (1)

20 (1) &
21,(1)
24(1)

24 (2)

24 (5)


Description of Form

Notice of appeal or application for
leave to appeal against conviction
or sentence.
Notice of application for extension
of time within which to appeal.
Judge's certificate.
Notification to appellant of a single
Judge's decision.
Notice of appeal by appellant from
refusal of a single Judge.
Recognizance of appellant sentenced
to payment of a fine.
Recognizance of sureties for appel-
lant sentenced to a fine.
Notice of breach of his recognizance
to appellant sentenced to a fine.
Notice to surety for appellant of
estreat of recognizance.
Recognizance of bail of appellant.
Recognizance of appellant's sureties.
Warrant for arrest of appellant on
bail.
Notice of abandonment.
Notification of abandonment of
appeal.
Notification to appellant of result of
application.
Notice to authorities of result of
application.
Notification to appellant of the
result of his appeal.
Notice to authorities of result of
appeal.
Order to witness to attend court for
examination.
Appellant's application for further
witness.
Notice to witness to attend before
an examiner.
Caption for deposition of witness
examined before examnier.








The Federal Supreme Court (Appeal) Rules, 1938


0. II, rr. 1 & 13.

CRIMINAL FORM 1

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF APPEAL OR APPLICATION FOR LEAVE
TO APPEAL AGAINST CONVICTION OR SENTENCE

(Territory) ....................
Criminal Appeal No. ...... of 19. ...
TO THE REGISTRAR OF THE FEDERAL SUPREME COURT.

Nam e of Appellant ............... .................................

Convicted at the (1) ......................... held at................

Offence of which convicted (2) ..... ...............................

Sentence ... ...........................................

Date when convicted (3)...................... ................


)ate when sentence passed (3) ................... .................

Name of Prison (4) ..................... ......................

I the above-named appellant hereby give you notice that I desire

to appeal to the Federal Supreme Court against my (5)..............
on the grounds hereinafter set forth on page 2 of this notice.

(Signed) (6).............. ......... .......... ........


Appellant.
Dated this (7) .................. day of .................. A .D .....

QUESTIONS (8) ANSWERS
1. Did the judge before whom you were tried grant ................
you a certificate that it was a fit case for appeal? ..............
2. Do you desire the Federal Supreme Court to
assign you legal aid? .. .
If your answer to this question is "Yes" then
answer the following questions:-








lThe Federal Supreme Court (Appeal) Rules, 1958


CRIMINAL FORM 1 (continued)
(a) What was your occupation and what wages,
salary or income were you receiving before
your conviction? .. .. ..
(b) Have you any means to enable you to
obtain legal aid for yourself?
3. Is any solicitor now acting for young
If so, give his name and address. .
4. Do you desire to be present when the Court
considers your appeal? (9) .. . ..
5. Do you desire to apply for leave to call any
witnesses on your appeal?
If your answer to this question is "Yes," you
must also fill in Form 20 and send it with this
notice. . .. ..

Grounds of Appeal or Application.

(1) Assizes, or County, City or Borough Sessions.
,(2) e.g. Larceny, Forgery, Habitual Criminal.
(3) Set out the actual date upon which the appellant was convicted.
(4) If not in custody here set out appellant's address in full.
(5) If the appellant wishes to appeal against conviction he must write
the word "conviction." If he wishes to appeal against sentence he
must write the word "sentence." If he wishes to appeal against
both conviction and sentence e le must write the words "conviction"
and "sentence."
(6) This notice must be signed by the appellant. If he cannot write
he must affix his mark in the presence of a witness. The name and
address of such attesting witness, must be given.
(7) If this notice is signed more than ten days after conviction or
sentence appealed against the appellant must also fill in Form 3
and send it with this notice.
(8) The appellant must answer each of these questions.
(9) An appellant is not entitled to be present on the hearing of an
application for leave to appeal.
These must be filled in before the notice is sent to the Registrar.
The appellant must here set out the grounds or reasons he alleges
why his conviction should be quashed or his sentence reduced.
If one of the grounds set out is "misdirection" by the judge, parti-
culars of such alleged misdirection must be set out in this notice.
The appellant can also, if he wishes, .set out, in addition to his
above reasons, his case and argument fully.








66 The Federal Supreme Court (Appeal) Rules, 1958


0. 11I, rr. 1 & 4.

CRIMIN-IL FORM 2

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF APPLICATION FOR EXTENSION OF
THE TIME WITHIN WHICH TO APPEAL.

(Territory) ....................

Criminal Appeal No...... of 19...

TO THE REG1ISTRAH OF THE FEI)EIIAL SUPREME COURT.

1, ............ ............................... ........... having

Here state been convicted of the offence of .....................................
Here state
the offence
e.g., larceny in the............ ..................................... Court held
murder,
forgery, etc.
frt .................. .................... ... on tile ................

day of ............... ..... ............. 19..... 1and being now a

prisoner inl Her Majesty's Prison at ...............................

*When *(or now living at......................................), give
applicant you notice that I hereby apply to the Court for an extension of time
for any
reason not within which I may give Notice of Appeal (or Notice of Application
in custody. for leave to Appeal) on the grounds following;-


Here set out (Signed)
clearly and (or mark)
concisely
the reasons
for the
delay in
giving such
notice and
the grounds .................
on which Applicant.
you submit
the Court
should Signature and address of
extend the witness attesting mark
time.
D ated this .....................day of .................. ... ,19....
You are required to send to the Registrar of the Court, duly filled
up Form 1, together with this Notice.










The Federal Supreme ,Court (Appeal) Rules, 1958 86


O. III, r. 2(1).

C(RIMIINA,,IL FORtM! 3

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

JUDGE'S CERTIFICATE


(Territory) .....................

criminall Appeal No. ..... of 19. ...

REG. v.

In the ................... .............Court of ..................

holden at ............................................


WIIERIEAS the said.........................................
was tried and convicted before me, the undersigned, in the said Court
State
on 1he ................................day of....................... shortly the
offence, e.g
larceny,
on ;i chllarge of .................................................. and murder,
forgery,
etc.
was thereupon sentenced by me to.................................




I )) HEREIBY CERTIFY that the ease is a fit ease for an appeal

by the said........................................................
to the Court upon the following grounds:--re specify
in general
terms the
grounds on
which certi-
ficate
granted.

Judge.


D A TED this ................ day of................. 19 ....








The Federal Supreme Court (Appeal) Rules, 1958


0. II, r. 12.

CRIMINAL FORM 4

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTIFICATION TO APPELLANT OF A SINGLE
JUDGE'S DECISION

(Territory) .............. ......

Criminal Appeal No. ...... of 19. ....
REG. v.

I hereby give you notice that a Judge of the Federal Supreme
Court having considered your applications) for-
(a) Leave to appeal;
(b) For extension of time within which notice of appeal or of
application for leave to appeal may be given;
(c) Permission to be present during the hearing of any pro-
ceedings in your appeal;
(d) Admission to bail;
(e) Leave to withdraw abandonment of appeal;

has refused the applications) marked..................... (and has

granted your applications) marked.............................. ).

If you desire to have the above-mentioned applicationss, which
have been refused, determined by the Court, you are required to fill
up the enclosed form and return it to me forthwith.



DATED this....................day of...................., 19....




Signed ... ..........................
Registrar,
Federal Supreme Court,
To the above-named,








The Federal Supreme Court (Appeal) Rules, 1958 69


O. III, r. 12.

CRIMINAL FORM 5

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF APPEAL BY APPELLANT FROM REFUSAL
OF A SINGLE JUDGE

(Territory) ......................

Criminal Appeal No...... of 19....

REG. v.

TO THE REGISTRAR OF THE FEDERAL SUPREME COURT.

I, ................................................. having
received your notification that my application (s) for -

(a) Leave to appeal ;
(b) For extension of the time within which notice of appeal or applica-
tion for leave to appeal may be given ;
(c) Permission to me to be present during the hearing of any proceedings
in my appeal :
(d) Admission to hail;
(e) Leave to withdraw abandonment of appeal ;
have been refused ;

DO HEREBY GIVE YOU NOTICE that I desire that the said
applications) shall be considered and determined by the Court .(and that as
I am not legally represented I desire to be present at the determination of my
said applications) *
For
(Signed) signature
(or mark) see Order
III rule 3.

Appellant.
Signature and address of
witness attesting mark.
D A T E D this .............. day of ................... 19 ......
If you desire to state any reasons in addition to those set out by you in
your original notice upon which you submit that the Court should grant your
said applications) you may do so in the space below.

"Strike out if you do not desire lo be present.








?0 The Federal Supreme Court (Appeal) Rules, 1958


O. TII, r. 14(2).
CRIMINAL FORM 6
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
RECOGNIZANCE OF APPELLANT SENTENCED TO
PAYMENT OF A FINE
(Territory) ....................
Criminal Appeal No...... of 19....
REG. v.
TO WIT : Be it remembered that whereas ....................
o f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
was on the ................ day of .......................... 19......
convicted of ...................... ....................... and
was thereupon sentenced to pay the sum of $ ..................... as a
*Here fill fine for his said offence by the ........................ and has intimated
in the to the said Court that he desires to appeal against his said conviction on a
Court of
trial. question of law alone (or upon a certificate of the Judge of the said Court
that his is a fit case for appeal). And whereas the said Court considers that
the said Appellant may, in lieu of payment at and upon his said conviction of
the said sum, be ordered to enter into recognizance of bail himself in the
sum of $................. .......... and with .............. sureties.
each in the sum of $. ......... ................... to prosecute his said
appeal before the Federal Supreme Court.
This said ........................................ doth hereby
acknowledge himself to owe to Our Lady the Queen the said sum of $......
.................... of good and lawful money, to be made and levied of
his goods and chattels, lands and tenements, to the use of Our said Lady the
Queen, her heirs and successors, if he the said ..........................
fail in the condition endorsed.
Taken and acknowledged this day of
19 ....... at the said Court at and before the Judge of the said, Court.
(Signed) ................................
CONDITION
The condition of the within written recognizance is such that if the
said ............... ................... of ..........................
of shall personally appear and
be present at and before the Federal Supreme Court at each and every hearing
of his appeal to such Court and at the final determination thereof and then and
there prosecute his said appeal and abide by the judgment of such Court, and
not depart or be absent from such Court, at any such hearing without leave of
such Court, and pay the said sum of $............ ..... or such sum
as such Court may order to the Registrar thereof, then this recognizance shall
be void, otherwise of full force and effect.
(Signed) ................. ................
Appellant.









The Federal Supreme Court (Appeal) Rules, 1958 71


0. IIlI, r. 14(2).
CRIMINAL FORM 7
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
RECOGNIZANCE OF SURETIES FOR APPELLANT
SENTENCED TO A FINE
(Territory) ....................
Criminal Appeal No...... of 19....
REG. v.
TO WIT : Be it remembered that on the .................. day of
.................... . ... 19 ...................................
of ...................................... .................. and

personally came before the .................................... and *Here
severally acknowledged themselves to owe to Our Lady the Queen the several fill in
name of
sums following, that is to say ; the said ........................ the sum Court of
of $ .................... and the said ................................ trial.
the sum of $ ......... ...... of good and lawful money, to be made
and levied of their goods and chattels, lands and tenements, respectively, to
the use of Our said Lady the Queen, her heirs and successors if ............
.......................... now before the said Court fail in the condition
hereon endorsed.
Taken and acknowledged before the said Court on the day and year first
above-mentioned.
(Signed) ..................................
Magistrate (etc.)
CONDITION
The condition of the within written recognizance is such that whereas
the said ............................................... having been
convicted of ........................................ and having been
sentenced to pay a fine of $ ................... for his said offence, and
having now intimated his desire to appeal on a question of law alone (or with
the certificate of the Judge of this Court) to the Federal Supreme Court
against the said conviction, and having, in lieu of payment at and upon his
said conviction of the said sum df $ ......................, been ordered to
enter into recognizance of bail himself in the sum of $............ and with
....... .............. sureties in the sum of $ ..................,
if the said ...................................... . shall personally
appear and be present at and before the Federal Supreme Court at each and
every hearing of his appeal to such Court and at the final determination
thereof, and then and there prosecute his said appeal and abide by the judg-
ment of such Court, and not depart or be absent from such Court at any such
hearing without the leave of such Court, then this recognizance shall be void,
otherwise of full force and effect.
(Signed) ..................................
Surety.
(Signed) ...............................
Surety.









72 The Federal Supreme Court (Appeal) Rules, 1958

0. III, r. 14(3).

CRIMINAL FORM 8

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF BREACH OF HIS RECOGNIZANCES TO
APPELLANT SENTENCED TO A FINE

(Territory) .....................

Criminal Appeal No...... of 19....
REG. v.

TO THE ABOVE-NAMED ......................... APPELLANT

WHEREAS you were convicted on the .......... day of ..........

19 ...., of the offence of ..........................................



and were sentenced to the payment of $....................., and in default

of such payment to imprisonment, and you entered into recognizances in the

sum of ......................, with .................... sureties in the

sum of .................... each, to prosecute your appeal, and whereas
fourteen days have elapsed since your said conviction, and no notice of appeal
has been served by you, NOW I HEREBY GIVE you notice that unless

you attend at the sitting of the Court to be holden on the ..................

day of ........................ 19...., and then show good cause to the
contrary, the Court may order an estreat of your recognizances and those of
your sureties, or may otherwise deal with you according to law.





Signed.............................
Registrar,
Federal Supreme Court.








The Federal Supreme Court (Appeal) Rules, 1958 73


0. III, r. 14(3).

CRIMINAL FORM 9

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE TO SURETY FOR APPELLANT OF ESTREAT
OF RECOGNIZANCES

(Territory) ......................

Criminal Appeal No...... of 19....
REG. v.

TO ........................... ............ ...................... Here fill
in surety's
of name and
........................................ .... ..................... address.
address.
WHEREAS you the above-named, became duly bound in recognizances

as surety, for that the said ............... ........................

having been convicted of .................................. and for

his said offence fined the sum of $ ....................... should duly
prosecute an appeal in relation to the said conviction before the Court, and

whereas the said .............................. has not so prosecuted his
appeal, now I hereby give you notice that at the sitting of the Court on

............................... next your recognizances may be ordered
to be estreated, unless you then show good cause to the contrary.





Signed................................
Registrar,
Federal Supreme Court.








74 The Federal Supreme Court (Appeal) Rules, 1958


0. III, r. 16(3).
CRIMINAL FORM 10
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

RECOGNIZANCE OF BAIL OF APPELLANT

(Territory) ......................
Criminal Appeal No...... of 19....
REG. v.
BE IT REMEMBERED THAT WHEREAS ....................
was convicted of ....................... .................. on the
.............. day of ....................., 19.... (and was thereupon
sentenced to ................. . ...... ............ .............),
and now is in lawful custody in Her Majesty's Prison at ................
and has duly appealed against his conviction (and sentence) to the Court, and
has applied for bail pending the determination of his appeal, and has been
granted bail on entering into his own recognizances in the sum of $.........
with .................... sureties, each in the sum of $ ..... .........
the said .......................... .. .. .............. personally
cometh before me the undersigned, being the ..........................
State and acknowledges himself to owe to Our Lady the Queen the said sum
office.
of $ ................... of good and lawful money, to be made and levied
df his goods and chattels, lands and tenements to the use of Our said Lady
the Queen, her heirs and successors, if he the said .......................
fail in the condition endorsed.
Taken and acknowledged this .............. day of ................
19...., at .................................... before m e.
State Signed...........................
office. Office : Magistrate, etc.
CONDITION
The condition of the within written recognizance is such that if the said
..................................................... shall personally
appear and surrender himself at and before the Federal Supreme Court at each
and every hearing of his appeal to such Court and at the final determination
thereof and then and there abide by the judgment of such Court and not depart
or be absent from such Court at any such hearing without the leave of such
Court, and in the meantime not depart from his usual place of abode without
the leave of such Court, then this recognizance shall be void, otherwise of full
force and effect.
The following to be filled up by the Appellant and signed by him :-
When released on bail my residence, to which any Notices, etc., are to
be addressed, will be as follows :-

Signed ..........................
Appellant.








The Federal Supreme Court (Appeal) Rules, 1958 75


0. III, r. 16(3).
CRIMINAL FORM 11
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
RECOGNIZANCE OF APPELLANT'S SURETIES
(Territory) .....................
Criminal Appeal No ..... of 19....
REG. v.
1E IT REMEMBERED that on this ........ (lay of ..............
19 ......... ........................................ of
................ ..................... ..................... and

... .... ......................... personally came before me
-the undersigned being the ...................... of .............. and
State
.severally acknowledged themselves to owe to Our Lady the Queen the several office
.sums following, that is to say, the said ................................
the sum of S............. and the said ...................... the sum of
............. of good and lawful money, to be made and levied of their
goods and chattels, lands and tenements respectively, to the use of Our said
Lady the Queen, her heir and successors, if ...........................
............ .......... now in lawful custody in Her Majesty's Prison
-at .......................... fail in the condition hereon endorsed.
Taken and acknowledged before me the undersigned, the day and year
first above-mentioned.

Magistrate, etc.
CONDITION
The condition of the within written recognizance is such that whereas
the said ..................... . having been convicted of ............
-and now in such lawful custody as before mentioned (under a sentence of
S.... .................... for such offence), has duly appealed to the
Federal Supreme Court against his said conviction (and sentence) and having
-applied to such Court for hail, pending the determination of his said appeal,
has been granted hail on his entering into recognizances in the sum of
-$ .................. if the said ............... ..................
shall personally appear and surrender himself at and before such Court at
-each and every hearing of his said appeal to such Court and at the final
-determintion thereof, and then and there abide by the judgment of such Court,
and not depart or be absent from such Court at any such hearing without the
leave of such Court, and in the meantime not depart from his usual place of
abode without the leave of such Court, then this recognizance shall be void.
otherwise of full force and effect.
( S g d .) ...........................
Surety.
(S g d .) .. .. . . . . .. .. .. .. . .. .
Surety.








76 The Federal Supreme Court (Appeal) Rules, 1958

0. III, r. 16(5) & (7).

CRIMINAL FORM 12

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

WARRANT FOR ARREST OF APPELLANT ON BAIL

(Territory) .....................

Criminal Appeal No...... of 19.....

REG. v.

(a) State TO THE CONSTABLES OF THE POLICE FORCE (OR COURT
office. MESSENGERS OR AS THE CASE MAY BE), AND TO THE (a)
Head of
Prisons. ................................ OF HER MAJESTY'S PRISON

AT ..................................

WHEREAS .................................... an Appellant
in the Court has been released on bail, and it has now been ordered by the
said court that a Warrant be issued for the apprehension of the said ........


These are therefore to command you the said Constables (or Court
Messengers or as the case may be) forthwith to apprehend the said.......

(a) tate .... .......... ...... and to bring him to the (a) ................
office, of the said prison and there deliver him with this warrant into the custody of
Head of
Prisons.
the said (a) .................... and you the said (a) ..............

are hereby required to receive the said ............................ into
your custody in the said prison and there safely to keep him until further
order of the said Court.





Presiding Judge.


DATED this .............. day of ..................... 19......









The Federal Supreme Court (Appeal) Rules, 1958 77

0. III, r. 17(1).

CRIMINAL FORM 13

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF ABANDONMENT


(Territory) ......................

Criminal Appeal No...... of 19....

REG. v.

TO THE REGISTRAR OF THE FEDERAL SUPREME COURT.

I ......... ...................... ............... having

been convicted of .......... .................................... in

the .............................. C ourt at ........................

and having been desirous of appealing to the Court against my said conviction

(or the sentence o'f .............................. passed upon me on my
said conviction) do hereby give you notice that I do not intend further to
prosecute my appeal, but that I hereby abandon all further proceedings in
regard thereto as from the date hereof.

(Signed) For signa-
ture see
(or mark) Order III
rule 3

Signature and address of
witness attesting mark.


DATED this ............ day of ......................, 19......








78 The Federal Supreme Court (Appeal) Rules, 1958


0. III. r. 17(2).

CRIMINAL FORM 14

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTIFICATION OF ABANDONMENT OF APPEAL

(Territory) .....................

Criminal Appeal No. ...... of 19...

REG. v.

TO THE HONOURABLE THE ATTORNEY GENERAL.



This is to give you notice that I have this day received from the above

nam ed ......................... .................. a notice of
abandonment of all proceedings in regard to his appeal to the Court. The said

notice is dated ................ day of ....................... 19......

By Order III rule 17(1) of the Federal Supreme Court (Appeal) Rules.
1958, upon the notice of abandonment being given the appeal shall be deemed
to have been dismissed by the Court.

DATED this .......... day of ......................... 19......






Registrar of the Court.

*Send copies addressed to:-

(a) The Secretary to the Governor for the information of the Governor or the
Senior Administrative Officer in charge of any Territory.
(b) The Attorney General or other respondent.
(c) The Prison Authority, and
(d) The Registrar of the Court below.








The Federal Supreme Court (Appeal) Rules, 1958 79

0. III, r. 20(1).

CRIMINAL FORM 15

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

(Territory) ....................

Criminal Appeal No...... of 19. ....
REG. v.

To the above-named Appellant.
This is to give you notice that the Court have considered the matter of
your application for -
(a) leave to appeal to the said Court ;
(b) leave to extend the time within which you may give notice of appeal
or of application for leave to appeal ;
(c) permission to be present during the proceedings in your appeal ;
(d) admission to bail ;
(e) leave to withdraw abandonment of appeal ;
(f) insert here nature of any other application that may have been
made ;
and have finally determined the same and have this day given judgment to
the effect following :-






Registrar of the Federal Supreme Court


DATED this ............ day of .................... 19........








80 The Federal Supreme Court (Appeal) Rules, 1958


0. III, r. 20(1).

CRIMINAL FORM 16

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION


(Territory) ..........

Criminal Appeal No...... of 19....
REG. v.

To the Honourable the Attorney General+

T o ... .. .... .. .... . ................

This is to give you notice that the above-mentioned having applied for -
(a) leave to appeal to the said Court ;
(b) leave to extend the time within which he may give notice of appeal
or of an application for leave to appeal ;
(c) permission to be present during the proceedings in his appeal ;
(d) admission to bail ;
(e) leave to withdraw abandonment of appeal ;
(f) insert here nature of any other application that may have been
made.
the court have this day finally determined his said applications and have given
judgment to the effect following :
Here set
out the
decision of
the Court.











Registrar of the Federal Supreme Court

+ Send copies addressed to :-
(a) The Secretary to the Governor for the information of the Governor, or the
Senior Administrative Officer in charge of a Territory.
(b) The Attorney General or other respondent.
(c) The Prison Authority, and
(d) The Registrar of the Court below.









The Federal Supreme Court (Appeal) Rules, 1958 81

0. III, r. 20(1).

CRIMINAL FORM 17

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTIFICATION TO APPELLANT OF THE RESULT OF
HIS APPEAL

(Territory) ....................

Criminal Appeal No. ...... of 19....
REG. v.

To the above-named Appellant.
This is to give you notice that the Court, having considered the matter
of your appeal, have finally determined the same and have this day given
judgment to the effect following :-


Registrar of the Federal Supreme Court


D ATED this ............ day of ...................... 19......









The Federal Supreme Court (Appeal) Rules, 1958


0. III, rr. 20(1) & 21(1).

CRIMINAL FORM 18

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE TO AUTHORITIES OF RESULT OF APPEAL

(Territory) ....................

Criminal Appeal No...... of 19....
REG. v.

To the Honourable the Attorney General+

T o ..................................

This is to give you notice ,that the above-named having appealed against

his conviction of the offence of ...................... before the Court,

and/or the sentence of .............................. passed upon him

for the offence of ........................ by the ....................
Court, the Federal Supreme Court have finally determined the said appeal,
and have this day given judgment therein to the effect following -
Here set
out the
decision of
the Court.








(Signed) ...............................
Registrar of the Federal Supreme Court.


DATED this .............. day of .................... 19......

+ Send copies addressed to :-
(a) The Secretary to the Governor for the information of the iGovernor, or the
Senior Administrative Officer in charge of a Territory.
(b) The Attorney General or other respondent.
(c) The Prison Authority, and
(d) The Registrar of the Court below.









The Federal Supreme Court (Appeal) Rules, 1958 83


0. III, r. 24 (1).

CRIMINAL FORM 19

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

ORDER TO WITNESS TO ATTEND COURT FOR
EXAMINATION

(Territory) ....... ..............

Criminal Appeal No. ...... of 19. ...

REG. v.

....................................N am e, etc.
of witness.
of .................................... ....................
WHEREAS on good cause shown to the Court you have been ordered to
attend and be examined as a witness before such Court upon the appeal of
the above-named.

This is to give you notice to attend before the said Court at ............

............ on ........................ the ................ day

of ......................, 19.... at ...... o'clock in the ........noon.
You are also required to have with you at the said time and place any books,
papers or other things relating to the said appeal of which you may have had
notice so to produce.






Registrar of the Federal Supreme Court



D A TED the .............. day of .................... 19......









84 The Federal Supreme Court (Appeal) Rules, 1958

0. III. r. 24(2).

CRIMINAL FORM 20

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

APPELLANT'S APPLICATION FOR FURTHER WITNESS


(Territory) ....................

Criminal Appeal No. ...... of 19....

REG. v.


I, ............................... .......... ....... having
appealed to the Court, hereby request you to take notice that I desire that the
said Court shall order the witnesses hereinafter specified to attend the Court
and be examined on my behalf.

(Signed)
natur (or mark)
see Order
III rule 3.
Appellant.

Signature and address of
witness attesting mark.

DATED this ............ day of .................... 19 ...

You are required to fill up the following and sign the same.

1. Names and addresses of witnesses.

2. Whether such witnesses have been examined at trial.

3. If not, state the reason why they were not so examined.

4. On what matters do you wish them to be examined on the appeal.

State shortly the evidence you think they can give.









The Federal Supreme Court (Appeal) Rules, 1958 85


0. III, r. 24(5).

CRIMINAL FORM 21

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE TO WITNESS TO ATTEND BEFORE AN EXAMINER

(Territory) ......................

Criminal Appeal No...... of 19....

REG. v.


To. ..............................................................

4of .................. ..............................................

WHEREAS on good cause shown to the Court you have been ordered
to be examined as a witness upon the appeal of the above-named, and your
deposition to be taken for the use of the said Court.


This is to give you notice to attend at (a) ........................ (a) Specify
place of
on the .............. day of .........................., 19.......... .xa nation.

before (b) .................................. at .......... o'clock (b) Fill in
examiner's
name.
in the ............ noon.


You are also required to have with you at the said time and place any
books, papers or other things under your control or in your possession in
.any manner relating to the said appeal of which you may have had notice so
to produce.






Registrar of the Federal Supreme Court



D ATED the ............ day of ......................, 19......








86 The Federal Supreme Court (Appeal) Rules, 1958


0. III. r. 24(7).

CRIMINAL FORM 22

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

CAPTION FOR DEPOSITION OF WITNESS EXAMINED
BEFORE EXAMINER

(Territory) ....................

Criminal Appeal No...... of 19....

REG. v.

The deposition (on oath) taken before me the undersigned, being an

examiner duly appointed by the Court in that behalf of ..................

of .................... .. .. and ...............................

of .................................. witnesses, examined before me

under an order of the said Court dated .......... day of ..............

19 ......, in the presence of the said ............................... ..
Appellant (or of his professional representative) and the Respondent at

................ on the ............ day of ................ 19 .......
which said Appellant (or his professional representative) and Respondent
had full opportunity of asking questions of the said witnesses, to whom the
depositions 'following were read by me before being signed by them the said
witnesses respectively.

T he deposition of ... ........................................

of ............................................ who (upon oath
duly administered by me) said as follows :-









The Federal Supreme Court (Evidence) Rules, 1958 87



THE WEST INDIES


STATUTORY INSTRUMENT No. 7 of 19),8.


THE FEDERAL SUPREME COURT (EVIDENCE) RULES, 1958.

Made by tihe Chief Justice under articles 85 and 11( of the
Constitution.

TABLE OF C(ONINTS
Rule
1. Short title and commencement.
2. Definitions.

Eviden-ce Uicrally
3. Viva voice evidence.
4. Evidence on hearing of application to be by affidavit.
5. Evidence of particular facts.
6. Limitation of medical and expert evidence.
7. Limitation of plans, etc., in evidence.
8. leading evidence taken in other causes or matters.

I.ratimintlioi l of I 'itlnesscs
9!. Evidence on commission.
10. Letters of request.
11. Order for attendance of peri'oo to produce.
12. Power to administer oaths.
13. Examiner to have copy of writ andl pleadings.
14. Examination, how taken.
15. Depositions, how taken.
16. Despositions to be transmitted to the Registrar.
17. Special report by examiner.
18. Evidence in anticipation of action.
19. Refusal of witness to attend or be sworn.
20. (Objection by witness to questions.
21. Costs occasioned by refusal or objection.
22. )Depositions not to be given in evidence without rcosent or by
leave of Judge.
23. Attendance of witness under subpoena for examination or to produce.
24. Evidence taken at trial.
25. Practice as to taking evidence at any stage-of cause or matter.
26. Special directions as to taking evidence.
27. Use of evidence in subsequent proceeding's.

Affidavils
28. Title of affidavits.
29. Form of affidavits,








88 The Federal Suprene Court (Ez'vidence) Rules, 1958

30. Description and abode of deponent.
31. Affidavits, how sworn and taken in the Federation.
32. Time and place of taking affidavit to be stated.
33. Joint affidavit of two or more deponents.
34. Affidavit to be filed.
35. Striking out scandalous matter.
3(. Alterations in affidavits.
37. Affidavit of blind or illiterate person.
38. Use of defective affidavit.
39. Affidavit sworn before solicitor or party.
40. Affidavit sworn before clerk or partner of solicitor.
41. Special times for filing affidavits.
42. Use of affidavits previously used.

Attestations and Proof of Acts and
Documents outside the Federation
43. Making attestations.
44. Proof of foreign and Commonwealth acts of state and judicial
proceedings.

Proof of Commnonmwealth Statutes
45. Commonwealth Statutes, how proved.

General Presumuption as to certain
signatures and Government Ga.fettes
46. Proof of handwriting and of office dispensed with.
47. Proof of Gazettes and the printing thereof.

Judicial Proceedings
48. Proof of judicial proceedings of Federal or Territorial Court.
49. Proof of notes of evidence.

Judicial Notice
50. Judicial notice of Acts, etc.
51. Certain signatures to be judicially noticed.
52. Judicial notice of Court seals.

Proof of votes and proceedings of Legislatures
53. Proof of votes and proceedings of Legislatures.

Proof of Proclamations, etc.
54. Proof of Proclamations, etc.
55. Proof of acts done by Governor-General and officers.

Proof of Publlic D)ociments
56. Proof of documents declared public by law.
57. Proof of public documents not so declared.








The Federal Supreme Court (Plvidence) Rules, 1958 89


Births, Marriages and Deaths
58. Certified copies of entries in registers admissible in evidence.
Necessary authentication of copies of entries.

Bankers' BIooks
o5. Mode of proof of entry in bankers' books.
60. Proof that book is a banker's book.
61. Vertification of copy.
62. When banker not compellable to produce book, etc.
63. Court or Judge may order inspection, etc.

Incorporation of Comipanies
64. Proof of incorporation of company.



The Chief Justice in exercise of the powers conferred upon him by
articles 85 and 110 of the Constitution of The West Indies and of all
other powers him thereunto enabling, has made the following rules:-
1. (1) These Rules may be cited as the Federal Supreme Court Short title
(Evidence) Rules, 1958, and shall come into operation on theSeventeenth and com-
day of F 1 ; 1958. mencement.
(2) These Rules shall apply in all proceedings instituted in the
Federal Supreme Court in the exercise of its original civil jurisdiction
under articles 42, 80 and 81 of the Constitution and to all such pro-
ceedings taken on or after that day in all causes or matters then pending.
2. (1) In these Rules unless inconsistent with the context- Definitions.
"Minister" in relation to the Federation or to a Territory
means the Minister charged with the administration of any
statute (including rules, regulations or bye-laws made there-
under) in its application to the Federation or to that
Territory;
"Commonwealth country" means any part of the Common-
wealth and the Republic of Ireland but does not include the
Federation or any Territory thereof;
"Government Printer" means and includes any printer pur-
porting to be a printer authorised to print the statutes of
the Federation or of a Territory;
"Bank" and "Banker" means and include-
(a) any person or persons, partnership or company
carrying on the business of bankers in the Federation, or the
manager;
(b) any person or persons, partnership or company, who
may hereafter carry on the business of bankers in the
Federation and who hereafter, under the authority of any
statute passed by the Legislature of the Federation or of a.
Territory and allowed by Her Majesty, may establish a
banking association in the Federation, or the manager;








'The Federal Supreme Court (Evidence) Rules, 1958


(c) any Government Savings Bank established under a
law of the Federation or of a Territory, in relation to which
the expression "banker" means the Postmaster General in
the cace of a Post Office Savings Bank and in other eases
means the officer managing such bank;
"Bankers' books" means and includes ledgers, day books,
account books and all other books used in the ordinary
business of a bank;
"Consul" and "Vice-Consul" mean any Consul or Vice-Consul
appointed by Her Majesty's Government in the United
Kingdom.
(2) The Interpretation Regulations, 1!958, shall, unless inconsistent
with the context, apply to the interpretation of these Rules as if these
Rules were an Act.
Evideic'e gcncrally
Viva voce 3. (1) In the absence of any agreement in writing between the parties
evidence, or their solicitors, and subject to these Rules, the witnesses at the
hearing of any action or at any assessment of damages shall be examined
viva voce and in ouen court.
(2) Notwithstanding any agreement by the parties to take
evidence by affidavit, the Court, after hearing the affidavits on both
sides and considering them unsatisfactory may order the witnesses to be
examined viva voce at the hearing and refuse to have the affidavits then
read.
(3)The Court or Judge may at any time, for sufficient reason,
order that any particular fact or facts may be proved by affidavit or
that the affidavit of any witness may be read at the hearing on such
conditions as the Court may think reasonable, or that any witness whose
attendance in Court ought, for sufficient reason, to be dispensed with,
he examined by interrogatories or otherwise by the Registrar or a
Commissioner to be appointed by the Court for that purpose: provided
that where it appears to the Court that the other party bona fide desires
the production of a witness for cross-examination, and that such witness
can be produced within such time as the courtt deems reasonable, an
order shall not be made authorizing the evidence of such witness to be
given by affidavit.
Evidencic on 4. Evidence in support ol an application or upoll any motion,
hearing of petition or summons shall ordinarily be given by affidavit. but the Court
to li'e 1)] or Judge, on the application of either partly, may order the attendance
affidavit. for cross-examination of lie person making any such affidavit, and where,
after such an order has been made, the person in question does not
attend his affidavit shall not be used as evidence unless by the special
leave of the Court or a Judge. By leave of the Court or Judge to be
obtained at the time of making the application, motion, petition or
summons any particular fact or facts may be proved by the evidence of
witnesses given viva voce.
Evidence of 5. (1) Without prejudice to rule 4 of these Rules, the Court or a
particular Judge may, at or before the trial of an action, order or direct that
facts evidence of any particular fact shall be given at the trial in such
manner as may be specified by 1he order or direction.









Tinh Federal Sup-reme Court (Evidence) Rules, 1958


(2) The power conferred by paragraph (1) of this rule extends
in particular to ordering or directing that evidence of any particular
fact may be given at the trial-
(a) by statement on oath of information or belief; or
(b) by the production of documents or entries in books; or
(c) by copies of documents or entries in books; or
(d) in the case of a fact which is or was a matter of common
knowledge either generally or in a particular district,
by Ihe production of a specified newspaper which con-
la ins a statement of that fact.
(i. The (ourlt or a Judge may, at or before the trial of an action Limitation
order or direct that l he number of medical or expert witnesses who may of medical
be called at the trial shall be limited as specified by the order or anide'pert
direction.
7. Unless, at or before the trial, the Court or a Judge for special Limitation
reasons otherwise orders or directs, no plan, photograph or model shall of plans,
he receivable in evidence at the trial of an action unle-s at least ten etc., in
days before the commencement of the trial the parties, other than the evidence.
party producing it, have been given an opportunity to inspect it and to
agree to the admission thereof without further proof.
S. An order to read evidence taken in another cause or matter shall Reading
not be necessary, but such evidence may, saving all just exceptions, be evidence
taken in
read on ex part applications by leave of the Court or a Judge, to be ther causes
obtained at the time of making any such application, and in any other or matters.
case upon the party desiring to use such evidence giving four days'
previous notice to the other parties of his intention to read such evidence.

Ea.rination of ll'itnesses
9. (1) The Court or a Judge may, in any cause or matter where it Evidence on
shall appear necessary for the purposes of justice, make any order for commission.
Ihe examination upon oath before the Court or Judge, or any Officer or
Commissioner of the Court, or any other person, and at any place, of any
witness, or of a person called to produce any document, and may
empower any party to any such cause or matter to give the deposition
of such witness in evidence therein on such terms, if any, as the Court
or Judge may direct.
(2) The process for summoning any witnesses or persons for such
examination, and their remnneration and liabilities in case of disobedience.
shall, unless otherwise provided by these Rules, be the same as in the
case of witnesses or persons required to give evidence or produce docu-
ments at the hearing of an action.
10. If in any case the Court or a Judge shall so order there shall Letters of
he issued a request to examine witnesses in lieu of a commission. request.
11. The Court or a Judge may in any cause or matter at any stage Order for
of the proceedings order the attendance of any person for the purpose attendance
of producing any writings or other documents named in the order which of person
to produce.
the Court or Judge may think fit to be produced: provided that no
person shall be compelled to produce under any such order any writing
or other documents which lie could not be compelled to produce at the
hearing or trial.









The Federal Supreme Court (Evidence) Rules, 1958


Power to 12. Any officerr or Commissioner of lihe (oulr, or other person
administer directed to take the examination of anyl witness or person, or any person
oaths.
nominated or appointed to take the examination of any witness or person
pursuant to the provisions of any convention now made or hereafter to
be made with any foreign country, may administer oaths.
Examiner to 13. Where any witness or person is ordered to be examined before
have copy any Officer or Commissioner of the Court, or before any person appointed
pleadings, for the purpose, the person taking the examination shall be furnished by
the party on whose application the order was made with a copy of the
writ and pleadings, if any, or with a copy of the documents necessary
to inform the person taking the examination of the questions at issue
between the parties.
Examina- 14. The examination shall take place in the pre-ence of the parties,
tion, how their counsel, solicitors or agents and the witnesses shall be subject to
taken. cross-examination and re-examination.
Depositions, 15. The depositions shall be taken down in writing by or in the
how taken, presence of the examiner, not ordinarily by question and answer, but so
as to represent as nearly as may be the statement of the witness, and
when completed shall be read over to the witness and signed by him
and by the examiner in the presence of the parties or such of them as
may think fit to attend. If the witness shall refuse to sign the
depositions, the examiner shall sign the same. The examiner may put
down any particular question or answer if there should appear any
special reason for doing so, and may put any question to the witness
as to the meaning of any answer, or as to any matter arising in the course
of the examination. Any questions which may be objected to shall be
taken down by the examiner in the depositions; but, except when the
deposition may be taken by the Court or a Judge, the materiality or
relevancy of a question objected to shall not be then and there decided,
but every such question shall be answered subject to the answer being
Depositions afterwards expunged if the Court should sustain the objection.
to be trans- 16. The depositions authenticated by the signature of the examiner
emitted to shall be transmitted by him to the Registrar, and shall be filed and shall
the Regis- be subject to the order of the Court.
trar.
Special 17. ''he person making the examination of a witness under these
report by Rules may, and if need be, shall make a special report to the C('orl
examiner, touching such examination, and the conduct or absence of any witness
or other person thereon, and the Court or a Judge may direct such
proceedings and make slch order as upon the report it or he may
think just.
Evidence in 18. Evidence may be taken in like manner on the application of any
anticipation person before any action has been begun, when it is shown to the
of action. satisfaction of the Court or a Judge on oath that the person applying
has good reason to apprehend that an action will be begun against him
in the Court, and that ,ome person within the jurisdiction at the time
of the application can give material evidence respecting the. subject
of the apprehended action but that he is about to leave the jurisdiction,
or that from some other cause the person applying may lose the benefit
of his evidence if it be not at once taken, and the evidence so taken may
be used at the hearing, subject to all just exceptions. The Court or









The Federal Supreme Court (Evidence) Rules, 1958 93


Judge may inipo.c any terms or conditions with reference to the
examination of such witness and the admission of such evidence, as to
the Court or Judge may seem reasonable.
19. If any person duly summoned to attend for examination shall Refusal of
refuse to attend, or if, having attended, he shall refuse to be sworn or to witness to
attend or
answer any lawful question, a certificate of such refusal, signed by the be sworn.
examiner, shall be filed in the Registry, and thereupon the party requiring
the attendance of the witness may apply to the Court or a Judge
ex parte or on notice for an order directing the witness to attend, or
to be sworn, or to answer any question, as the case may be.
20. If any witness shall object to any question which may be put Objection
to him-before an examiner, the question so put, and the objection of by witness
3 to questions.
the witness thereto, shall be taken down by the examiner, and trans-
mitted by him to the Registry to be there filed, and the validity of the
objection shall be decided by the Court or a Judge.
21. In any case under the la-.t two preceding rules the Court or a Costs occa-
Judge shall have power to order the witness to pay any costs occasioned reful orn
by his refusal or objection. objection.
22. Except where by these Rules otherwise provided, or directed Depositions
by the Court or a Judge, no deposition shall be given in evidence at the not to be
hearing or trial of the cause or matter without the consent of the party given in
t" Y evidence
against whom the same may be offered, unless the Court or Judge is without
satisfied that the deponent is dead, or beyond the jurisdiction of the consent or
Court or unable from sickne-s or other infirmity to attend the hearing by leave of
or trial, in any of which cases the depositions certified under the hand Judge
of. the person taking the examination shall be admissible in evidence
saving all. just exceptions without proof of the signature to such certi-
ficate.
23. Any party in any cause or matter may by subpoena ad Attendance
testificandum or duces tecumn require the attendance of any witness of witness
before an Officer of the Court, or other person appointed to take the under sub-
examination, for the purpose of using his evidence upon any proceeding examination
in the cause or matter in like manner as such witness would be bound or to pro-
to attend and be examined at the hearing or trial; and any party or duce.
wine.ss having made an affidavit to he used or which shall be used
on any proceeding in the cause or matter shall be bound on being served
with such subpoena to attend before such Officer or person for cross-
examination.
24. Evidence taken subsequently to the hearing or trial of any taenat
cause or matter shall be taken as nearly as may be in the sane manner trial.
as evidence taken at or with a view to a trial. Practice as
25. The practice with reference to the examination, cross- to taking
evidence ait
examination, and re-examination of witnesses at a trial shall extend and any stage of
be. applicable to evidence taken in any cause or matter at any stage. cause or
26. The practice of the Court with respect to evidence at a trial, matter.
when- applied to evidence to be taken before an Officer of the Court or Special
other person in any cause or matter after the hearing or trial, shall be t taing as
subject to any special directions which may be given in any case, evidence.









!4 The Federal Supreme Court (Evidence) Rules, 195S


Use of cvi- 27. All evidence taken at the hearing or trial of any cause or matter
dence in iayv be used in any subsequent proceedings in the same cause or matter.
subsequent
proceedings. Affidavits

Title of 28. Every affidavit shall be intituled in the action, cause or matter
affidavits. in which it is sworn; but in every case in which there are more than
one plaintiff or defendant, it shall be sufficient to state the full name of
the first plaintiff or defendant respectively, and that there are other
plaintiffs or defendants, as the case may be, and the costs occasioned by
any unnecessary prolixity in any such title shall be disallowed by the
taxing officer.
Form of 29. Every affidavit shall be drawn up in the first person, and shall
affidavit. he divided into paragraphs. Every paragraph shall be numbered con-
secutively, and as nearly as may be shall be confined to a distinct portion
of the subject. Every affidavit shall be written, typed or printed book-
wise. No costs shall be allowed for any affidavit substantially departing
from this rule.
Description 30. Every affidavit shall state the description and true place of
and abode abode of the deponent or, if a, solicitor, his place of business.
of deponent.
Affidavits, 31. All examinations, affidavits, declarations, affirmations and
how sworn attestations of honour, acknowledgments and any other deed or document
and taken depending in the Court may be sworn and taken before a Judge of the
in the Court, the Registrar or a Deputy-Registrar of the Court or any person
Federationawfully authorized to administer oaths in any Territory and the Judges
and other officers of the Court shall take judicial notice of the
Time and signature of any such person attached or appended thereto.
place of
taking 32. In every affidavit the time when and the place where the
affidavit affidavit is sworn shall be inserted in the jurat otherwise the same shall
to be not be admitted in evidence without the leave of the Court or a Judge.
stated.
33. In every affidavit made by two or more deponents; the names
affidavit of the several persons making the affidavit shall be inserted in the
of two jurat, except if the affidavits of all the deponents are taken at one time
or more by the same officer, it shall be sufficient to state that it was sworn by
deponents. both (or all) of the "above-named" deponents.
Affidavit 34. Every affidavit used in a cause or matter shall be filed in the
to be Registry. There shall be endorsed on every affidavit a note showing
filed. on whose behalf it is filed, and no affidavit shall be used without such
note, unless the Court or Judge shall otherwise direct.
Striking 35. The Court or a Judge may order to be struck out from any
out affidavit any matter which is scandalous, and may order the costs of any
scandalous application to strike out such matter to be paid as between solicitor and
matter, client.
Alterations 36. No affidavit having in the jurat, or body thereof any inter-
in affidavits. lineation, alteration or erasure, shall without leave of the Court or a
Judge be read or made use of in any proceeding in Court unless the
interlineation or alteration (other than by erasure) is authenticated by
the initials of the officer taking the affidavit, nor in the ease of an
erasure, unle-s the words or figures appearing at the time of taking
the affidavit to be written on the erasure are rewritten and signed or
initialled in the margin of the affidavit by the officer taking it.









The Federal Supreme Court (Evidence) Rules, 1958 95


37. Where an affidavit is sworn by any person who appears to the Affidavit
officer taking the affidavit to be illiterate or blind, the officer shall certify of blind or
illiterate
in or below the jurat that the affidavit was read in his presence to the person.
deponent, that the deponent seemed perfectly to understood it, and that
the deponent made his signature in the presence of the officer. No such
affidavit shall be used in evidence in the absence of this certificate, unless
the Court or Judge is otherwise satisfied that the affidavit was read over
to and appeared to be perfectly understood by the deponent.

38. The Court or a Judge may receive any affidavit sworn for the
purpose of being used in any cause or matter, notwithstanding any deecve
defect by misdescription of parties or otherwise in the title or jurat, affidavit.
or any other irregularity in the form thereof, and may direct a memo-
randum to be made on the document that it has been so received.
Affidavit
sworn
39. No affidavit shall be sufficient if sworn before the solicitor acting before
for the party on whose behalf the affidavit is to be used, or before the solicitor
party himself. or party.
Affidavit
40. Any affidavit which would be insufficient if sworn before the sworn
solicitor himself shall be insufficient if sworn before his partner or before clerk
or partner
clerk. of solicitor.

41. Where a special time is limited for filing affidavits, no affidavit Special
times for
filed after that time shall be used, unless by leave of the Court or a Judge. filiel
affidavits.
42. All affidavits which have been previously made and read in any Use of
proceeding in a cause or matter may, with the leave of the Judge, be affidavits
used in any subsequent proceeding or at the trial of the same cause or previously
matter. used.
Attestations and Proof of Acts and Documents
outside the Federation
43. (1) All examinations, affidavits, declarations, affirmations and Making
attestations of honour, acknowledgments or any other deed or document attestations.
in any cause or matter depending in the Court may be sworn and taken-
(a) in any Commonwealth country outside the Federation
before-
(i) any Court or Judge thereof;
(ii) any Notary Public under the signature and seal of
his office; or
(iii) any person lawfully authorized to administer oaths
in such Court provided that the signature of such
person is authenticated by a Judge, the Registrar
of a Court of Justice or a Notary Public;
(b) in any country outside the Commonwealth before any of
Her Majesty's Consuls or Vice-Consuls.
(2) Any affidavit, declaration or other document which would be
admissible in evidence in the High Court of Judicature in England
pursuant to the provisions of section 10 of the Emergency Laws
(Miscellaneous Provisions) Act, 1953, or of section 204 of the Army
Act, 1955, or section 204 of the Air Force Act, 1955, shall be admissible
in evidence in the Federal Supreme Court in the like circumstances and








The Federal Supreme Court (Evidence) Rules, 1958


subject to the same conditions as such affidavit, declaration or other
document would have been admissible in evidence in the High Court of
Judicature in England.
(3) The Judges and other officers of the Court shall take judicial
notice of the seal and signature of any such Court, Judge, Notary
Public, Consul, Vice-Consul or officer attached or appended thereto.
Proof of 44. All proclamations, treaties, and other acts of state of any foreign
foreign state or of any Commonwealth country, and all judgments, decrees,
and Corn- orders and other judicial proceedings of any court of justice in any
acts of state foreign state or in any Commonwealth country, and any affidavits,
and judicial pleadings, and other legal documents filed or deposited in any such court,
proceedings.may be proved either by examined copies or by copies authenticated as
hereinafter mentioned; that is to say, if the document sought to be
proved be a proclamation, treaty or other act of state, the authenticated
copy to be admissible in evidence must purport to be sealed with the
seal of the foreign state or Commonwealth country to which the original
document belongs; and if the document sought to be proved be a
judgment, decree, order or other judicial proceeding of any foreign
court or a court of a Commonwealth country, or an affidavit, pleading, or
other legal document filed or deposited in any such court, the authen-
ticated copy to be admissible in evidence must purport either to be
sealed with the seal of the foreign court or the court of the Common-
wealth country to which the original document belongs, or, in the event
of such court having no seal to be signed by the Judge, or, if there
be more than one Judge, by any one of the Judges of the said court; and
such Judge shall attach to his signature a statement in writing on the
said copy that the court whereof he is a Judge has no seal; but if any
of the aforesaid authenticated copies shall purport to be sealed or
signed as hereinbefore respectively directed, the same shall respectively
be admitted in evidence in every case in which the original document
could have been received in evidence without any proof of the seal
where a seal is necessary, or of the signature, or of the truth of the
statement attached thereto, where such signature and statement are
necessary or of the judicial character of the person appearing to have
made such signature and statement.

Proof of Coinmonwealth Statutes
Common- 45. (1) Copies of statutes passed (whether before or after the making
wealth
Statutes of these Rules) by the legislature of any Commonwealth country
how proved. (exclusive of the United Kingdom) and of orders, regulations and other
instruments issued or made (whether before or after the making of
these Rules) under the authority of any such statute, if purporting to
be printed by the Government Printer shall be received in evidence
without any proof being given that the copies were so printed.
(2) In this rule-
the expression "the legislature of any Commonwealth country"
when applied to countries having a central or federal legis-
lature and local legislatures includes both the central or
federal legislature and the local legislatures;
the expression "Government Printer" means, as respects any
part of the Commonwealth, the printer purporting to be the









The Federal Supreme Court (Evidence) Rules, 1958


printer authorized to print the Acts, Ordinances or Statutes
of the legislature of that part of the Commonwealth or other-
wise to be the Government Printer thereof.

General Presumptions as to certain Signatures
and Government Gazettes
46. Where under these Rules a document is declared to be admissible Proof of
if it purports to be signed by any person as the holder of any office, andofritin
either as the person making or issuing the document, or certifying a true office
copy thereof or extract therefrom, the mere production of such document dispensed
shall be evidence that the signature is the signature of such person and
that when he signed it he was the holder of such office.
47. (1) The mere production of a paper purporting to be the Gazette Proof of
of The West Indies or the Government Gazette of a Territory shall be Gazettes
and the
evidence that such paper is such Gazette and was published on the day on printing
which it bears date. thereof.
(2) The mere production of a paper purporting to be printed
by the Government Printer of the Federation or by the authority of
the Federal Government, the Government Printer of a Territory or by the
authority of the Government of a Territory shall be evidence that the
paper was printed by such Government Printer or by such authority.

Judicial Proceedings
48. Evidence of any judgment, decree, rule, order or other judi- Proof of
Cou o a judicial
cial proceedings of any Federal Court or of any Court of a Territory, oceedings
including any affidavit, pleading, or other legal document filed or of Federal
deposited in any such Court may be given by the production of a copy or Terri-
thereof trial Court.
thereof -
(a) proved to be an examined copy thereof ; or
(b) purporting to be office copies, that is to say, copies
certified and sealed by the Registrar of such Court ; or
(c) purporting to be signed by a Judge of such Court;
with a statement in writing attached by him to his signa-
ture that such Court has no seal and without proof of
his judicial character or the truth of such statement.
49. (1) A copy of the Judge's notes of the evidence given before any Proof of
Court in the Federation, or any extract from such notes, shall be admis- notes of
evidence.
sible in evidence before the Federal Supreme Court if the copy or extract
purports to be certified as a true copy or extract therefrom by the
Registrar of the Court.
(2) When notes of the evidence are taken on oath or affirmation
by an official stenographer before any Court or person in the Federation
competent to receive the same, a copy of such notes or extract therefrom
shall be admissible in evidence in proceedings before the Federal
Supreme Court, if the transcript purports to be certified as a true tran-
script or extract therefrom by such stenographer.









The Federal Supreme Court (Evidence) Rules, 1958


Judicial Notice
Judicial 50. The Court shall take judicial notice of -
notice of (a) all Acts, Laws and Ordinances of the Legislature of the
Acts, etc. Federation and of each Territory ;
(b) the impression of the Public Seal of the Federation or of a
Territory.
Certain 51. The Court shall take judicial notice of-
signatures
to be (a) the official signature of any person in the Government or
judicially Legislature of the Federation or of a Territory who holds
noticed, or has held the office of Governor-General, Governor,
Minister, the President or Speaker of a Legislature or of
any branch thereof, Attorney General, Secretary to the
Governor-General or Clerk to the Executive Council or
corresponding body ;
(b) the official signature of the Judges of the Court and of a
superior court of a Territory and the Registrar and
Deputy Registrar of such courts ;
(c) the official seal of every such person or Court ; and
(d) the fact that such person holds or has held such office
if the signature or seal purports to be attached or appended to any judi-
cial or official document.
Judicial 52. The Court shall take judicial notices of the seal of every
notice of court in the Federation appended or attached to any judicial or official
Court seals. document.
Proof of votes and proceedings of Legislatures
Proof of 53. All documents purporting to be copies of the Votes and
votes and Proceedings or Journals or Minutes of the Federal Legislature or the
proceedings Legislature of a Territory or any branch thereof, or of papers presented
tures. to the Federal Legislature or the Legislature of a Territory or any branch
thereof, if purporting to be printed by the Government Printer, shall on
their mere production be admitted as evidence thereof.

Proof of Proclamations, etc.
Proof of 54. Evidence of any proclamation, commission, order, bye-law,
proclama- regulation, licence or permit issued or made by the Governor-General or
tions, etc. by or under the authority of a Minister of the Council of State or by
the Governor of a Territory or by or under the authority of any Minister
in the Govenment of such Territory or issued or made by any person
authorised so to do by any law of the Federation or of a Territory, may
be given -
(a) by the production of the Federal Gazette or the Govern-
ment Gazette of the Territory purporting to contain the
same ;
(b) by the production of a document purporting to be a copy
thereof and purporting to be printed by the Government
Printer of the Federation or of a Territory or by the
authority of the Government of the Federation or of a
Territory ;








The Federal Supreme Court (Evidence) Rules, 1958 99


(c) by the production of a document purporting to be cer-
tified as a true copy thereof or an extract therefrom -
(i) by the Clerk of the Council of State, if the original
was made or issued by the Governor-General ;
(ii) by the Clerk to the Executive Council or correspond-
ing body if the original was made by the Governor
of a Territory ;
(iii) by a Minister of the Federal Government or the
Government of a Territory if the original was made
or issued by any such Minister ; or
(iv) by the person issuing or making such proclamation,
commission, order, bye-law, regulation, licence or
permit, if the original was made or issued by any
person authorised so to do under any law of the
Federation or of a Territory.
55. Where by any law for the time being in force in the Federation Proof of
or in any Territory thereof, the Governor-General, a Minister of the acts done
Council of State, a Governor of a Territory or a Minister in the Govern- by Gover-
ment thereof or any other person is authorised to do any act whatsoever, nd officers
production of the Federal Gazette or the Government Gazette of a Terri-
tory purporting to contain a copy or notification of any such acts shall be
evidence of such act having been duly done.

Proof of Public Documents
56. Whenever by any law of the Federation or of any Territory Proof of
documents
(a) any public document ; or declared
(b) any record required by law to be kept of any public docu- public
ment or proceeding ; or by law.
(c) any certified copy of any public document or bye-law or
of any entry in any public register or book
is admissible in evidence for any purpose in the Federation or Territory,
it shall be admitted in evidence to the same extent and for the same
purposes, if it purports to be sealed or impressed with a stamp, or sealed
and signed, or signed alone, or impressed with a stamp and signed, as
directed by such law of a Territory, without any proof of such seal, stamp
or signature or of the official character of the person appearing to have
signed the same, and without any further proof thereof in every case in
which the original document could have been received in evidence.
57. (1) Whenever any book or other document is of such a public Proof of
nature as to be admissible in evidence on its mere production from the public
proper custody and no law of the Federation or of a Territory exists which documents
renders its contents provable by means of a copy, any copy thereof or declared
extract therefrom shall be admissible in evidence, provided that it be
proved to be an examined copy or extract, or provided it purport to be
signed and certified as a true copy or extract by the officer to whose
custody the original is entrusted.
(2) The certificate purporting to be signed by any officer in whose
custody the original of any document is entrusted that such document was
made in the course of official duty respecting facts which were of public









100 The Federal Supreme Court (Evidence) Rules, 1958


interest recorded for the benefit of the public and available for consulta-
tion by members of the public shall be admissible as evidence that the
document referred to in such certificate is of such a public nature as to
be admissible in evidence as aforesaid.

Births, Marriages and Deaths
Certified 58. (1) A certified copy of an entry in any register of births, deaths, or
copies of marriages purporting to bear the signature of the person having legal
entries in custody of such register, or of some person legally authorised to sign such
registers
admissible copy at the time of such copy being issued, and authenticated as herein-
in evidence, after provided, shall, in the case of any register kept at any place in a
Commonwealth country subject to all just exceptions, be prima facie
evidence for all purposes of the fact of the birth or death or the legal
solemnization of the marriage thereby certified.
Necessary (2) Such copy shall purport to bear the signature of a person
authentica- describing himself as holding some office, benefice, or position entitling him
tion of
copies of to the custody of such register, or to sign such copy at the time of so cer-
entries. tifying, and the authentication of such 'signature shall be under the hand.
and seal of some Notary Public, or under the hand of the Registrar
General, or Superintendent Registrar of Births and Deaths or Registrar of
Marriages of the Commonwealth country within which such certificate
shall purport to have been issued, or under the hand of some member of
the High Court or Supreme Court of such Commonwealth country, or
under the seal of some court of civil jurisdiction in the district in which
the same shall have been issued.

Bankers' Books
Mode of
proof of 59. Subject to the provisions of these Rules, a copy of any entry
entry in in a banker's book shall be received as prima facie evidence of such entry,
bankers'
books. and of the matters, transactions and accounts therein recorded.
Proof that 60. (1)A copy of an entry in a banker's book shall not be received in
book is a evidence under these Rules unless it be first proved that the book was,
banker's at the time of the making of the entry, one of the ordinary books of the
bank, and that the entry was made in the usual and ordinary course of
business, and that the book is in the custody or control of the bank.
(2) Such proof may be given by the manager or accountant of the
bank, and in the case of a Government Savings Bank by the banker or by
any person authorised by him.
(3) Such proof may be given orally, or by affidavit sworn or
statutory declaration made before any person duly authorised by or under
the law in operation in a Territory to administer oaths for the purposes
of a superior court in that Territory.
Verifica- 61. A copy of an entry in a banker's book shall not be received in
tion of evidence under these Rules unless it be further proved that the copy has
copy. been examined with the original entry and is correct ; such proof shall be
given by some person who has examined the copy with the original entry,
and may be given either orally or by an affidavit sworn, or statutory
declaration made before any such person as is specified in the last
preceding rule.









The Federal Supreme Court (Evidence) Rules, 1958 101

62. The manager or accountant of a bank, and in the case of the When
Government Savings Bank, the banker, and any person employed in con- banker
nection therewith, shall not, in any legal proceeding to which the bank is not com-
not a party, be compellable to produce any banker's book, the contents pellae to
produce
of which can be proved under these rules, or to appear as a witness to book, etc.
prove the matters, transactions, and accounts therein recorded, unless
by order of a Judge made for special cause.
63. On the application of any party to a legal proceeding, the Court or
Judge may
Court or Judge may order that such party be at liberty to inspect and order may
take copies of any entries in a banker's book for any of the purposes of inspection,
such proceedings. An order under this rule may be made either with or etc.
without summoning the bank or any other party and shall be served on
the bank three clear days, exclusive of Sundays and public holidays,
before the same is to be obeyed, unless the Court or Judge otherwise
directs.

Incorporation of Companies
64. (1) The Court shall admit as evidence of the incorporation of a Proof of
company incorporated or registered in any Territory a certificate of the incorpora-
incorporation or registration thereof which purports to be signed by the tion of
Registrar or an Assistant or Deputy-Registrar of companies in thatcompany.
Territory, and the date of incorporation or registration mentioned in such
certificate shall be evidence of the date on which the company was
incorporated or registered.
(2) Any copy of or extract from any document kept and regis-
tered at the office for the registration of companies in any Territory, if
certified under the hand of the Registrar or an Assistant or Deputy-
Registrar, shall be admissible in evidence to the same extent and for the
same purposes as the original document would be admissible.

Made this 17th day of February, 1958.

ERIC IIALLINAN,
Chief Justice.


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




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs