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Group Title: West Indies gazette
Title: The West Indies gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00012
 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: March 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: VID00012
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 25
        Page 26
    Legal Supplement
        A-72
    Legal Supplement: Statutory Instrument No. 1527 of 1957 (IMPERIAL): The British Guiana (Appeals) Order in Council, 1957
        A-73
        A-74
        A-75
        A-76
        A-77
    Legal Supplement: Statutory Instrument No. 1746 of 1957 (IMPERIAL): The Virgin Islands (Appeals) Order in Council, 1957
        A-78
        A-79
        A-80
        A-81
        A-82
    Legal Supplement: Statutory Instrument No. 2167 of 1957 (IMPERIAL): The Leeward Islands and Windward Islands (Courts) (Amendment) Order in Council, 1957
        A-83
        A-84
        A-85
Full Text
















The West Indies Gazette


FRIDAY, 21ST MARCH, 1958


S-..- W"-1 No. 12


TABLE OF CONTENTS
GAZETTE NOTICES


No. SUBJECT MATTER
28 Appointment in the Federal Public Service
29 Temporary Public Service Commission...


PAGE
... 25
... 25


No. SUBJECT
30 Mandatory Levy
31 Table of Precedence ..


LEGAL SUPPLEMENT
APPENDIX


The British Guiana (Appeals) Order in Council,
1957 ... ... .....
The Virgin Islands (Appeals) Order in Council,
1957 ... ... ....


PAGE

73

78


The Leeward
(Courts)
1957 ...


Islands and Windward Islands
(Amendment) Order in Council,


28
APPOINTMENT IN THE FEDERAL PUBLIC SERVICE
His EXCELLENCY THE GOVERNOR-GENERAL has, after consultation with the temporary Public Service Commis-
sion, appointed on secondment from the service of the government of the territory mentioned in the first column
of the following list the person named in -the second column of the list to the office specified opposite to that
person in the third column with effect from the date specified in the fourth column.


Seconding Territory
Dominica ...


Officer's Name Office
... Bully, John ... ... Senior Assistant Secretary ...


Effective date
of Appointment
... 9.3.58


29
TEMPORARY PUBLIC SERVICE COMMISSION
THE WEST INDIES (FEDERATION) ORDER IN COUNCIL, 1957
PURSUANT to section 2(6) of the West Indies (Federation) Order in Council, 1957 His Excellency the Governor-
General has, consequent on the absence from The Wes Indies of R. Lange, Esq., revoked his appointment as
a member of the temporary Public Service Commission with effect from the 14th day of March, 1958, and has
appointed James Forbes, Esq., to be a member of the Commission with effect from the 14th day of March,
1958.


DEMAND NO. 2 OF 1958


MANDATORY LEVY
THE CONSTITUTION OF THE WEST INDIES, ARTICLE 93


PURSUANT to article 93 of the Constitution of The West Indies, I HEREBY DEMAND from the Governments of
the Territories comprising the Federation of The West Indies, other than the Governments of the Territories of
the Cayman Islands and the Turks and Caicos Islands, the sum of one million five hundred thousand dollars
($1,500,000) as a payment on account of the amount payable by such Governments for the purposes of the
Federal Government under article 93 in respect of the financial year ending on the thirty-first day of December,
1958 and I HEREBY DIRECT that the sum hereby demanded shall be paid by the Governments of such Territories
to the Federal Government on or before the seventh day of April, 1958.
Dated the 15th day of March, 1958.
HAILES
SGovernor-General


Aj99
SJ a


VOL. 1


PAGE


3
L~


PPPPP_







26 THE WEST INDIES GAZETTE [March 21, 1958]

31
THE following Table of Precedence for The West Indies has been approved by Her Majesty the Queen with effect
from 3rd January, 1958.
TABLE OF PRECEDENCE
1. The Governor-General.
2. The Prime Minister of the Federation.
3. The Federal Chief Justice.
4. The President of the Senate.
5. The Speaker of the Federal House of Representatives.
6. Members of the Council of State, in order of seniority according to the date of their appointment as such.
7. The Federal Secretary.
8. The Federal Attorney General.
9. Judges of the Federal Supreme Court.
10. The Federal Financial Secretary.
11. The Leader of the Opposition in the Federal House of Representatives.
12. Members of the Senate.
13. Members of the Federal House of Representatives.
14. The Chairman of the Federal Public Service Commission.
15. The Principal of the University College of The West Indies.
16. The Principal of the Imperial College of Tropical Agriculture.
17. The President of the Associated British West Indian Chambers of Commerce.
18. Members of the Federal Public Service Commission.
19. Permanent Secretaries of Federal Departments.

NOTES:
(1) Persons not listed in this Table shall take such precedence as may be assigned to them by the Governor-General.
(2) The observance of the Table at Federal functions shall be subject to such modifications as the Governor-General
may deem necessary to conform with the laws and customs of the Territory in which the Federal function is held.
(3) Precedence inter se of
Members of the Senate (Item 12)
Members of the Federal House of Representatives (Item 13)
Permanent Secretaries (other than Permanent Secretary in the Department of the Prime Minister of the Federal
Departments (Item 19), shall be determined by order of seniority according to the date of their appointment or'
election as such. The Permanent Secretary in the Department of the Prime Minister shall take precedence over
all other Permanent Secretaries regardless of date of appointment.
(4) In cases where precedence is determined by dates of appointment or election and the persons concerned have been so
appointed or elected on the same date then seniority shall be determined in alphabetical order of surnames.

COURTESY PRECEDENCE WILL BE ACCORDED AS FOLLOWS:
1. The Governors of the federating territories and the Governors of British Guiana and British Honduras,
when they are present in the Federation, in an agreed order, provided that in his own territory the Governor
of a federating territory shall take precedence immediately after the Governor-General.
2. The Officer in Command of the Naval Forces on the Station in which the Federation is included if
holding rank equivalent or superior to that of Rear Admiral, and the Officer in Command of the Land Forces
in the Federation if holding rank equivalent or superior to that of Major-General, their own relative rank and
precedence being determined by the Queen's Regulations on that subject, immediately after the Governor-
General.
3. The Comptroller for Development and Welfare in The West Indies after the Governors of the federating
territories and British Guiana and British Honduras.
4. His Grace the Archbishop of The West Indies after the Federal Chief Justice.
5. His Grace the Archbishop of Port-of-Spain after His Grace The Archbishop of the West Indies.
6. The Officer in Command of the Naval Forces on the Station in which the Federation is included if
holding rank equivalent or superior to that of Commodore, and the Officer in Command of the Land Forces
in the Federation if holding rank equivalent or superior to that of Brigadier, their own relative rank and
precedence being determined by the Queen's Regulations on that subject, immediately after the Federal
Secretary.
7. The Officer in Command of the Naval Forces on the Station in which the Federation is included if holding
rank equivalent or superior to that of Captain or Commander, and the Officer in Command of the Land
Forces in the Federation if holding rank equivalent or superior to that of Colonel or Lieutenant-Colonel,
their own relative rank and precedence being determined by the Queen's Regulations on that subject,
immediately after the Federal Financial Secretary.
8. The Chairman of the Tariffs and Trade Commission after the Chairman of, the Federal Public
Service Commission.
9. The Co-Chairman of the Caribbean Commission after the University College of The West Indies.
10. The Commissioner for the Government of India, Consuls-General de carrier, Trade Commissioners
and Information Officers after the Co-Chairman of the Caribbean Commission.
11. Honorary Consuls-General and Consuls de carrier, when in charge of their Consulates after the
Commissioner for the Government of India, Consuls-General de carrier and Trade Commissioners.
12. The Secretary General of the Caribbean Commission after honorary Consuls-General and Consuls
de carrier.
13. The Mayors of Port-of-Spain, San Fernando and Arima, in that order, after the Principal of the
Imperial College of Tropical Agriculture, and after the Governor at civic functions within their municipalities.
14. The Members of the Tariffs and Trade Commission after the Members of the Federal Public Service
Commission.
GOVERNMENT PRINTING OFFICE, TRINDAD, B.W.I.-1958


























THE WEST INDIES GAZETTE


Vol. 1 FRIDAY, 21st MARCH, 1958 No. 12


LEGAL SUPPLEMENT


APPENDIX

TABLE OF CONTENTS

The British Guiana (Appeals) Order in Council, 1957
The .Virgin Islands (Appeals) Order in Council, 1957
The Leeward Islands and Windward Islands (Courts)
(Amendment) Order in Council, 1957


Page
73
78
83


x
S-. 7; 7
-S* *. 's








73 The British Guiana (Appeals) Order in Council, 1957


The British Guiana (Appeals) Order in Council 1957 is Published Below
for General Information.

STATUTORY INSTRUMENT No. 1527 OF 1957 (IMPERIAL)

THE BRITISH GUIANA (APPEALS) ORDER IN
COUNCIL, 1957

Made .23rd August, 1957
Coming into operation On the date referred to
in section 1.

ARRANGEMENT OF ORDER
Section
1. Citation and commencement.
2. Interpretation.
3. Appeals from superior courts of the Colony.
4. Where Federal Supreme Court shall sit.
5. Conveyance of prisoners between the Colony and the Federation.
6. Jurisdiction of Federal Supreme Court to be in substitution for
jurisdiction of West Indian Court of Appeal.
7. Practice and procedure of Federal Supreme Court.
8. Enforcement of orders of Federal Supreme Court.
9. Appeals to Her Majesty in Council from Federal Supreme Court.
10. Appeals to Her Majesty in Council from superior courts of the
Colony.
11. Appeals to Her Majesty in Council with special leave.
12. Transitional provision.


At the Court at Balmoral, the 23rd day of August, 1957
Present.
The Queen's Most Excellent Majesty in Council
1Her Majesty, by virtue of the powers conferred upon Her by section 2
of the British Caribbean Federation Act, 1956(a), and of all other powers
enabling Her in that behalf, is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered, as follows:-
Citation and 1. This Order may be cited as the British Guiana (Appeals)
commence- Order in Council, 1957, and shall come into force on the date appointed
meant under subsection (2) of section 1 of the West Indies (Federation) Order
in Council, 1957(b).
Interpreta- 2. (1) In this Order "the Colony" means the Colony of British
tion. Guiana. "the Federation" means the Federation established by the West
Indies (Federation) Order in Council. 1957, and "the Federal Legislature"


(a) 4 & 5 Eliz. 2. c.63.


(b) S,I, 1957/1364,









The British Guiana (Appeals) Order in 'Council. 1957 74

and "the Federal Supreme Court" mean, respectively, the Federal
Legislature and the Federal Supreme Court established for that
Federation.
(2) Any reference in this Order to the holder of an office by the
term designating his office shall be construed as including a reference to
any person who, under and to the extent of any authority to act therein,
is for the time being performing the functions of that office.
(3) References in this Order to a superior court of the Colony are
references to any court that is or forms part of a superior court of record
(other than the court established by the West Indian Court of Appeal
Act, 1919(c), established for the Colony.
(4) Save where the context otherwise requires, the Interpretation
Act, 1889(d), shall apply for the purpose of interpreting this Order as it
applies for the purpose of interpreting an Act of Parliament.
3. The Federal Supreme Court shall have such jurisdiction to Appeals
hear and determine appeals (including reserved questions of law and from
cases stated) from any superior court of the Colony and, in connection superior
courts of
with such appeals, such powers and authorities as may be conferred upon the Colony.
it by any law of the Legislature of the Colony:
Provided that no such law shall have effect unless the Governor-
General of the Federation has declared by notice in the official Gazette
of the Federation that he consents to its having effect.
4. (1). When exercising jurisdiction conferred on it under this Order, Where
the Federal Supreme Court shall, subject to subsection (2) of this sec- Federal
tion, sit in such places within the Colony as the Chief Justice of the Supreme
Federation may, with the approval of the Governor of the Colony, Curt shall
appoint.
(2) If it is so provided by a law of the Legislature of the Colony,
the Federal Supreme Court when exercising jurisdiction conferred on
it under this Order may, in such circumstances as may be prescribed
by that law, sit in such places within the territories comprised in the
Federation as the Chief Justice of the Federation may, with the approval
of the Governor-General of the Federation, appoint:
Provided that no such law of the Legislature of the Colony shall have
effect unless the Governor-General of the Federation has declared by
notice in the official Gazette of the Federation that he consents to its
having effect.
5. (1) The Legislature of the Colony may by law provide for the Conveyance
conveyance of prisoners on ships and aircraft to which this section of prisoners
applies between the Colony and any territory comprised in the Federa- between the
tion in which the Federal Supreme Court is, sitting for the purpose of colony and
hearing or determining criminal appeals from a superior court of the Federation.
Colony.
(2) The Federal Legislature may by law make provision for the
reception and detention at any territory comprised in the Federation
of prisoners conveyed to that territory under any law of the Legislature


(c) 9 & 10 Geo, 5. c. 47.


(d) 52 & 53 Vict. c. 63.








7 T'he British-'Grriana (Appcals) Order in Coutcl, 1957

of the Colony enacted under this section and for the conveyance of
such prisoners out of that territory in order that they may be returned
to the Colony under any such law of the Legislature of the Colony.
(3) The ships and aircraft to which this section applies are ships
and aircraft registered in the Federation or the Colony and Her
Majesty's ships and aircraft belonging to the naval and .air forces of
the United Kingdom, the Federation or the Colony.
Jurisdiction .6. No appeal shall lie from a superior court of the Colony to the
of Federal
Supreme court established by the West Indian Court of Appeal Act, 1919, in any
Court to be case in which, by virtue of a law enacted under section 3 of this Order,
inl an appeal lies to the Federal Supreme Court.
substitution
for
jurisdiction
of West
Indian
Court of
Appeal.

Practice and 7. (1) (a) Subject to the provisions of this section, the Chief Justice
it eedure of
Federal of the Federation and any two other judges of the Federal Supreme
Supreme Court selected by him may make rules of court for regulating the
Court. practice and procedure of the Federal Supreme Court in 'exercise of
jurisdiction conferred on it under this Order and, in relation to appeals
brought to the Federal Supreme Court by virtue of this Order, the
practice and procedure of any court from which such appeals are
brought.
(b) Without prejudice to the generality of paragraph (a) of
this subsection, rules of court may be made for ally of the following
purposes:-
(i) for regulating the sittings of the Federal Supreme
Court and the selection of judges for any purpose:
(ii) for regulating the right of practising in the Federal
Supreme Court and the representation of persons
concerned in any proceedings in the Court;
(iii) for prescribing cases in which, and conditions upon
which, an appellant in a criminal appeal to the
Federal Supreme Court shall-be entitled to be present
at.the:hearing of the appeal;
(iv) for providing for the summary determination of any
appeal which appears to the Federal Supreme-Court
to be -frivolous or vexatious or to be brought for the
purpose of delay;
(v) for prescribing forms and fees in respect of proceed-
ings in the Federal Supreme Court and regulating
the costs of and incidental to any such proceedings;
(vi) for prescribing and regulating the powers and duties
of officers of the Federal Supreme Court; and
(vii) for prescribing the time within which any require-
ment of the rules is to be complied with.









The British Guiana (A-ppeals) Order in Council, 1957 76

(2) Rules of court made tinder this section may fix the number
of judges of the Federal Supreme Court who are to sit for any purpose,
so, however, that no matter shall be finally determined by less than
three judges.
(3) (a) The Federal Legislature may by law make provision for
any matters in respect of which rules of court may be made under this
section.
(b) If any rule of court made under this section is inconsis-
tent with a la-w enacted under this section, the law shall, to the extent
of the inconsistency, prevail over tile rule of court.
(4) Unless it is otherwise provided by any law of the Federal
Legislature, any final determination of the Federal Supreme Court made
in exercise of jurisdiction conferred on it under this Order shall be
delivered in open court and shall require the concurrence of a majority
of the judges present at the hearing of the matter.
(5) No provision made in pursuance of this section, whether con-
tained in a rule of court or in a law of the Federal Legislature, shall
have effect unless the Governor of the Colony has by notice in the official
Gazette of the Colony approved of that provision.
8. (1) All authorities in the Colony shall act in aid of the Federal Enforce-
Supreme Court, and any judgment, decree, order or sentence of the ment of
Federal Supreme Court given, made or passed in exercise of any juris- rdersalof
diction conferred on the Federal Supreme Court under this Order shall Supreme
be enforced by all courts and authorities in the Colony as if it were a Court.
judgment, decree, order or sentence of a superior court of the Colony.
(2) Subject to any law of the Legislature of the Colony enacted
under section 3 of this Order, the Federal Supreme Court shall, in
connection with any jurisdiction conferred on it under this Order, have
power to make any order for the purpose of securing the attendance
of any person, the discovery or production of any document, or the
investigation or punishment of any contempt of court that any superior
court of the Colony has power to make.
9. The Federal Legislature may by law confer a right of appeal Appeals to
to Her Majesty in Council from determinations of the Federal Supreme Her
Court nm-.de in exercise of jurisdiction conferred on it under this Order Majesty in
in such cases and subject to such conditions as may be prescribed by Council
from
or under any such law, but save as provided by any such law there shall Federal
be no right of appeal to Her Majesty in Council from any such determi- Supreme
nation of the Federal Supreme Court. Court.
10. (1) Except .with the leave of the Federal Supreme Court, which Appeals to
shall be granted only in such circumstances as the Federal Legislature Hery
may by law prescribe, there shall be no right of appeal direct to Her Council
Majesty in Council from a superior court of the Colony in any case in from
which an appeal lies to the Federal Supreme Court. superior
courts of
(2) The provisions of this section shall not affect any appeal from the Colony.
a superior court of the Colony to Her Majesty in Council in any case
in which leave (either conditional or final) to appeal to Her Majesty in








77 The British Guiana (Appeals) Order in Council, 1957

Council has been granted by that superior court before the date on
which the Federal Supreme Court acquires jurisdiction to hear an appeal
in that case.
Appeals to 11. For the avoidance of doubt it is hereby declared that nothing
Majesty inin the last two foregoing sections shall be construed as purporting to
Council impair any right which Her Majesty in Council may be pleased to
with special exercise to grant special leave to appeal to Her Majesty in Council from
leave, the Federal Supreme Court or from a superior court of the Colony.
Transitional 12. Until such time as two judges of the Federal Supreme Court
provision. in addition to the Chief Justice of the Federation have been appointed
and have assumed the functions of their office rules of court may be
made under section 7 of this Order by the Chief Justice of the Federation
alone.

W. G. AGNEW.








The Virgin Islands (Appeals) Order in Council, 1957


The Virgin Islands (Appeals) Order in Council, 1957 is Published Below
for General Information.

STATUTORY INSTRUMENT No. 1746 OF 1957 (IMPERIAL)
THE VIRGIN ISLANDS (APPEALS) ORDER
IN COUNCIL, 1957
Made 8th October, 1957
Coming into operation .On the dates referred
to in section 1.

AR\ ANGI,'lMKENT OF ORDER
Section
1. Citation and commencement.
2. Interpretation.
3. Appeals from superior courts of the Colony.
4. Where Federal Supreme Court shall sit.
5. Conveyance of prisoners between the Colony and the Federation.
6. Jurisdiction of Federal Supreme Court to be in substitution for
jurisdiction of West Indian Court of Appeal.
7. Practice and procedure of Federal Supreme Court.
8. Enforcement of judgments of Federal Supreme Court.
9. Appeals to Her Majesty in Council from Federal Supreme Court.
10. Appeals to Her Majesty in Council from superior courts of the
Colony.
11. Appeals to Her Majesty in Council with special leave.
12. Transitional provision.


At the Court at Buckingham Palace, the 8th day of October, 1957
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the powers conferred upon Her by section 2
of the British Caribbean Federation Act, 1956(a), and of all other powers
enabling Her in that behalf, is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered, as follows:-
1. (1) This Order may be cited as the Virgin Islands (Appeals) Citation.
Order in Council, 1957. and
commence-
(2) This Order, except section 10 thereof, shall come into force ment.
on the date appointed under subsection (2) of section 1 of the West
Indies (Federation) Order in Council, 1957(b), and section 10 of this
Order shall come into force on the date when article 88 of the Consti-
tution of the West Indies(c) comes into force in relation to the terri-
tories of the Windward Islands and of the Leeward Islands comprised
in the Federation.


(a) 4 & 5 Eliz. 2. c. 63.


(b) S.I. 1957/1364,


(c) Annex to S.T. 1957/1364,









79 The Virgin Islands (Appeals) Order in Council, 1957

utnerpreta- 2. (1) In this Order "the Colony" means the Colony of the Virgin
Islands, "the Federation" means the Federation established by the West
Indies (Federation) Order in Council, 1957, and "the Federal Legisla-
ture" and "the Federal Supreme Court" mean, respectively, the Federal
Legislature and the Federal Supreme Court established for that
Federation
(2) Any reference in this Order to the holder of an office by the
term designating his office shall be construed as including a reference
to any person who, under and to the extent of any authority to act
therein, is for the time being performing the functions of that office.
(3) References in this Order to a superior court of the Colony are
references to any superior court of record (other than the court estab-
lished by the West Indian Court of Appeal Act, 1919(d)) established for
the Colony; and the Supreme Court of the Windward Islands and
Leeward Islands and the Court of Appeal for the Windward Islands and
Leeward Islands shall each, in respect of its jurisdiction in the Colony,
be deemed for the purposes of this Order to be a superior court of the
Colony.
(4) Save where the context otherwise requires, the Interpretation
Act, 1889(e), shall apply for the purpose of interpreting this Order as
it applies for the purpose of interpreting an Act of Parliament.
Appeals 3. (1) Subject to subsection (2) of this section, the Federal Supreme
from Court shall have such jurisdiction to hear and determine appeals
superior (including reserved questions of law and cases stated) from any superior
ur Colony court of the Colony and, in connection with such appeals, such powers
and authorities as may be conferred upon it by any law of the Federal
Legislature and any such law may provide that any jurisdiction so
conferred shall, to such extent as may be specified in the law, be to the
exclusion of the jurisdiction of any court of the Colony:
Provided that the Federal Supreme Court shall not have jurisdiction
in any case in which it .is provided by a law of the Legislature of
the Colony that the decision of a superior court of the Colony is to be
final.
(2) While the Court of Appeal for the Windward Islands and
Leeward Islands has jurisdiction to hear and determine appeals in
criminal matters from determinations of the Supreme Court of the
Windward Islands and Leeward Islands made by that Court in exercise
of its jurisdiction in the Colony, then any law of the Federal Legislature
that confers on the Federal Supreme Court jurisdiction to hear and
determine appeals in criminal matters from determinations of that
Supreme Court made as aforesaid shall, to the extent that it confers that
Jurisdiction, not have effect unless the Governor of the Colony has given
notice that the legislative chamber of the Colony has, by resolution,
approved the conferment of that jurisdiction.
Where 4. When exercising jurisdiction conferred on it tnder this Order,
Federal the Federal Supreme Court shall sit insuch places within the Colony or
Supreme within the territories comprised in the Federation as the Chief Justice of
Court shall e F m
sit, the Federation may appoint:


(e) 52 & 53 Vict.c,63


(d) 9 & 10 fleo. 5. c.47.









The Virgin Islands (Appeals) Order in Council, 1957


Provided that the Chief Justice shall not appoint any such place
within the Colony without the approval of the G6vernor of the Colony
and shall not appoint any such place within the territories comprised
in the Federation without the approval of the Governor-General of the
Federation.
5. (1) The Legislature of the Colony may by law provide for the Conveynce
of prisoners
conveyance of prisoners on ships and aircraft to which this sectionbetween the
applies between the Colony and any territory comprised in the Federa-Colony and
tion in which the Federal Supreme Court is sitting for the purpose ofthe
hearing or determining criminal appeals from a superior court of theFederation.
Colony.
(2) The Federal Legislature may by law make provision for the
reception and detention at any territory comprised in the Federation of
prisoners conveyed to that territory under any law of the Legislature
of the Colony enacted under this section and for the conveyance of such
prisoners out of that territory in order that they may be returned to
the Colony under any such law of the Legislature of the Colony.
(3) The ships and aircraft to which this section applies are ships
and aircraft registered in the Federation or the Colony and Her Majesty's
ships and aircraft belonging to the naval or air forces of the United
Kingdom or the Federation:
6. No appeal shall lie from a superior court of the Colony toJurisdiction
the court established by tl'e West Indian C6urt of App'eal Act, 1919, in uemeal
anry case in which, by virte' of a lawr enacted under sectioir 3 of this Court to be
Order, an appeal lies to the Federal Supreme Court. in
substitution
for
jurisdiction
of West
Indian
Court of
Appeal.
7. (1) (a) Subject to the provisions of this section, the Chied Justiceractice and
of the Federation and any two other judges of the Federal Supremeprocedure of
Court elected by him may make rules of court for regulating tlihFederal
practice and procedure of the Federal Supreme Court in exercise ofSupreme
jurisdiction conferred on it under this Order and, in relation to appealsCourt.
brought to the Federal Supreme Court by virtue of th:s Order, the
practice and procedure of any court from which such appeals are
brought.
(b) Without prejudice to the generality of paragraph (a) of
this subsection, rules of court may be made for any of the following
puiposes:-
(i) for regulating the sittings of the Federal Supreme
Court and the selection of judges for any purpose;
(ii) for regulating the right of practising in the Federal
Supreme Court and the representation of persons
concerned in any proceedings in the Court;
(iii) for prescribing cases in which, and conditions upon
which, an appellant in a criminal appeal to the Federal
Supreme Court shall be entitled to be preeht at the
hearing of the appeal;








81 The Virgin Islands (Appeals) Order in Council, 1957


(iv) for providing for the summary determination of any
appeal which appears to the Federal Supreme Court
to be frivolous or vexatious or to be brought for the
purpose of delay;
(v) for prescribing forms and fees in respect of proceed-
ings in the Federal Supreme Court and regulating the
costs of and incidental to any such proceedings;
(vi) for prescribing and regulating the powers and duties
of officers of the Federal Supreme Court; and
(vii) for prescribing the time within which any require-
ment of the rules is to be complied with.
(2) Rules of court made under this section may provide that such
determinations of the Supreme Court of the Windward Islands and
Leeward Islands as may be specified in the rules shall or shall not be
deemed for the purposes of subsection (2) of section 3 of this Order to
have been made by that Court in exercise of its jurisdiction in the Colony.

(3) Rules of court made under this section may fix the number of
judges of the Federal Supreme Court who are to sit for any purpose,
so, however, that no matter shall be finally determined by less than
three judges.

(4) (a) The Federal Legislature may by law make provision for
any matters in respect of which rules of court may be made under this
section.
(b) If any rule of court made under this section is inconsistent
with a law enacted under this section, the law shall, to
the extent of the inconsistency, prevail over the rule of
court.
(5) Unless it is otherwise provided by any law of the Federal
Legislature, any final determination of the Federal Supreme Court made
in exercise of jurisdiction conferred on it under this Order shall be
delivered in open court and shall require the concurrence of a majority
of the judges present at the hearing of the matter.

Enforce- 8. (1) All authorities in the Colony shall act in aid of the Federal
meant of Supreme Court, and any judgment, decree, order or sentence of the
judgments Federal Supreme Court given, made or passed in exercise of any juris-
Supreme diction conferred on the Federal Supreme Court under this Order shall
Court. be enforced by all courts and authorities in the Colony as if it were a
judgment, decree, order or sentence of a superior court of the Colony.
(2) Subject to any law of the Federal Legislature enacted under
section 3 of this Order, the Federal Supreme Court shall, in connection
with any jurisdiction conferred on it under this Order, have power to
make any order for the purpose of securing the attendance of any
person, the discovery or production of any document, or the investiga-
tion or punishment of any contempt of court that any superior court
of the Colony has power to make,








The Virgin Islands (Appeals) Order in Council, 1957 82

9. The Federal Legislature may by law confer a right of appeal AHeals to
to Her Majesty in Council from determinations of the Federal Supreme Majesty
Court made in exercise of jurisdiction conferred under this Order in in Council
such cases and subject to such conditions as may be prescribed by or from
Federal
under any such law. but save as provided by any such law there shall Supreme
be no right of appeal to Her Majesty in Council from any such deter- Court.
mrination of the Federal Supreme Court.
Appeals to
10. (1) There shall be no right of appeal direct to Her Majesty in Hers
Council from a superior court of the Colony except with the leave of Majesty in
the Federal Supreme Court, which shall be granted only in such circum- Council
from
stances as the Federal Legislature may by law prescribe. superior
courts of
the Colony.
(2) The provisions of this section shall not affect any appeal from
a superior court of the Colony to Her Majesty in Council for which
leave (either conditional or final) has been granted by that superior
court before the date on which this section comes into force.
11. For the avoidance of doubt it is hereby declared that nothing Appeals to
in the last two foregoing sections shall be construed as purporting to Her
impair any right which Her Majesty in Council may be pleased to Counciwith
exercise to grant special leave to appeal to Her Majesty in Council from special
the Federal Supreme Court or from a superior court of the Colony. leave.
12. Until such time as two judges of the Federal Supreme Court Transitional
in addition to the Chief Justice of the Federation have been appointed provision.
and have assumed the functions of their office rules of court may be
made under section 7 of this Order by the Chief Justice of the Federation
alone.
W. G. AGNEW.








83 The Leeard Islan~ds and Windward Islands (Courts) (AMlendment)
Order in Comnwil, 1957


Thie eewait& Isldnid anti Windward Ishlmds (Court*) (Amendhenit)
OMlef in Cffeil,- 1 i7 is Phblishd' IBelbw fir Ge-weratf information.

STATUTORY INSTRUMENT No. 2167 OF 1957 (IMPERIAL)

THE LEEWARD ItLANDS AND WINDWARD ISLANDS
(COURTS) AMENDMENTN) ORDER IN
COUNCIt, iX7T.

Made 13th December, 1957
Coming into force .3rd January, 1958

ARRANGEMENT OF ORDER
Section
1. Citation, construction and commencement.
2. Aniendifment of section 2 of principal Order.
3. Insertion of new sections 7A and 14A in principal Order.



At the Court at Buckingham Palace, the 13th day of December, 1957.
Present,
The O(ueen's Most Excellent Majesty ift Council
Her Majesty, by virtue and in exercise of Her powers under the Lee-
ward Islands Act, 1956(a). the Dominica Act, 1938(b), and of all other
powers enabling Her in that behalf, is pleased, by and with the advice
of Her Privy Council. to order, and it is hereby ordered, as follows:
Citation 1. (1) This Order may be cited as the Leeward Islands and Wind-
construction ward Islands (Courts) (Amendment). Order in Council, 1957, and shall
commence- be construed as one with the Leeward Islands and Windward Islands
ment. (Courts) Orders in Council, 1939 to 1954(c).
(2) The Leeward Islands and Windward Islands (Courts) Orders
in Council, 1939 to 1954, and this Order may be cited together as the
Leeward Islands and Windward Islands (Courts) Orders in Council,
1939 to 1957.
(3) This Order shall come into force on the 3rd day of January,
1958.
Amendment
of section 2 2. Subsection (1) of section 2 of the Leeward Islands and Wind-
of principal ward Islands (Courts) Order in Council, 1939(d) (hereinafter referred
Order.
(a) 4 & 5 Eliz. 2. c. 23. (b) 1 & 2 Geo- 6- c. 10.
1954/1040 (1949 I, p. 2447; 1954 II, p. 2947): and see also 4 & 5 Eliz. 2.
c. 23, s. 4(2). Sch.
(c) S.R. & 0.1939/1898 (Rev. XII. p. 391: 1939 If, 1849); S.I. 1949/600:
(d) S. R. & 0. 1939/1898 (Rev. XII, p. 391: 1939 t1. p. 1849).








The L.eward Islands and li'ndward Islands (Courts) (Amendment) 84
Order in Council, 1957

to as "the principal Order") is hereby amended by the insertion after
the definition of "Chief Justice" of the following new definition, that
is to say:-
'The Federal Supreme Court' means the Federal Supreme
Court established by the Constitution of the West Indies(e);" Isertio of
3. The principal Order is hereby amended by the insertion after "ew sections
7a and 14a
sections 7 and 14 respectively of the following two new sections, that in principal
is to say :- Order.
7A. Notwithstanding anything contained in section 7 of this"Supreme
Order, the Supreme Court shall not have jurisdiction other thanCourt not to
have
appellate jurisdiction in any case in which such jurisdiction is jrisdiction
exercisable hy the Federal Supreme Court to the exclusion of thewhere
Supreme Court by virtue of the Constitution of the \est Indies Federal
or of anv law made thereunder. Supreme
Court has
exclusive
original
jurisdiction.

14A. (1) Notwithstanding anything contained in section 13 or Court of
section 14 of this Order or in any Order made under subsection Appeal not
to have
(2) of section 14 of this Order, the Court of Appeal shall not havejurisdiction
jurisdiction to hear and determine an appeal from the Supremewhere
Court in any case in which such jurisdiction is exercisable by the Federal
Federal Supreme Court to the exclusion of the Court of Appeal by Spremea
virtue of any law made under the Constitution of the West Indiesexclusive
or under the Virgin Islands (Appeals) Order in Council, 1957(f). appellate
(2) References in this section to jurisdiction to hear andjurisdiction.
determine an appeal from the Supreme Court shall be construed
as including references to jurisdiction to hear and determine a
question of law reserved or a case stated by that Court."

W. G. Agnew.

(c) Annex to S.I. 1957/1364.
(E) S.I. 1957/1746.












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