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 Act No. 2 of 1958: Federal Supreme...
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 Federal Supreme Court (British...
 Civil Establishment Bill














Group Title: West Indies gazette
Title: The West Indies gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00021
 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: May 9, 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: VID00021
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 43
        Page 44
    Legal Supplement
        A-97
    Act No. 1 of 1958: Federal Supreme Court (Salaries and Pensions) Act, 1958
        A-98
        A-99
        A-100
        A-101
        A-102
    Act No. 2 of 1958: Federal Supreme Court Regulations, (Amendment) Act, 1958
        A-103
        A-104
        A-105
        A-106
    Council of State (Oaths) Bill
        B-1
        B-2
        B-3
        B-4
    Federal Supreme Court (Virgin Islands Appeals) Bill
        C-1
        C-2
        C-3
        C-4
    Federal Supreme Court (British Guiana Appeals) Bill
        D-1
        D-2
    Civil Establishment Bill
        E-1
        E-2
        E-3
        E-4
        E-5
        E-6
Full Text


















The West Indies Gazette


FRIDAY, 9TH MAY, 1958


No. 21


TABLE OF CONTENTS
GAZETTE NOTICES


SUBJECT MATTER PAGE
Appointment to the Federal Service ... ... 43
Appointment to the Federal Service ... ... 43
Appointment of Clerk of the Senate ... ... 43
Publication of Bills ... ... .. ... 44


No.


SUBJECT


61 Assent to Bills ... .\
62 United States of America Co
63 Style of Address of Federal Legis


LEGAL SUPPLEMENT

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


No.
1 of 1958 The Federal Supreme Court (Salaries
and Pensions) Act, 1958 ...


PAGE No.
2 of 1958 The Federal Supreme Court Regula-
98 tions (Amendment) Act, 1958 ...


57
APPOINTMENT TO THE FEDERAL 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
Antigua ...


Officer's Name
... Lovelace, Alec ...


Office
... Defence Officer


Effective date
of Appointment
... ... 2.5.58


APPOINTMENT TO THE FEDERAL SERVICE
HIs EXCELLENCY THE GOVERNOR-GENERAL has, after consultation with the temporary Public Service Commis-
sion, appointed the person named in the first column of the following list to the office specified opposite to that
person in the second column with effect from the date specified in the third column.


Officer's Name
Roberts, George


Office
... Vital Statistics Officer


Effective date
of Appointment
... ... 1.4.58


CLERK OF THE SENATE


His EXCELLENCY THE GOVERNOR-GENERAL has appointed Mr. D. F. MAYERS to act as Clerk of the Senate with
X effect from the 18th day of April, 1958.

K 7, 7;? 7

5., c


VOL. 1


PAGE


103






44 THE WEST INDIES GAZTTE[May ,
[May 9, 1958]
60
PUBLICATION OF BILLS

NOTICE is hereby given by the Clerk to the House of Representatives that the following Bills are published in
this Gazette for public information :-
(1) The Council of State (Oaths) Bill.
(2) The Federal Supreme Court (Virgin Islands Appeals) Bill.
(3) The Federal Supreme Court (British Guiana Appeals) Bill.
(4) The Civil Establishment Bill.


ASSENT TO BILLS

IT is hereby notified that on the 8th May, 1958, His Excellency the Governor-General assented to the Bills
passed by the Senate and the House of Representatives for the following Acts-
The Federal Supreme Court (Salaries and Pensions) Act, 1958-No. 1 of 1958.
The Federal Supreme Court Regulations (Amendment) Act, 1958-No. 2 of 1958.



62
UNITED STATES CONSULAR REPRESENTATIVE

IT is hereby notified for general information that the Exequatur empowering Mr. WALTER OREBAUGH to act as
Consul-General of the United States of America at Port-of-Spain, received Her Majesty's signature on the
10th March, 1958.



63
STYLE OF ADDRESS OF FEDERAL LEGISLATORS

THE following style of address of members of the Federal Legislature is published for general information :-
(i) Members of the Council of State, the President of the Senate, and the Speaker of the House of
Representatives will be styled "The Honourable".
(ii) Members of the House of Representatives will not be styled "The Honourable", but "Member of
Parliament", signified by the letters "M.P" after their names.
(iii) Members of the Senate other than the President will not be styled "The Honourable" but the word
"Senator" will precede their names.

























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

























THE WEST INDIES GAZETTE


Vol. 1 FRIDAY 9th MAY. 1958. No. 21.


LEGAL SUPPLEMENT


PART I-ACTS OF THE FEDERAL LEGISLATURE

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


TABLE OF CONTENTS


No:
1 of 1958 The Federal Supreme Court
(Salaries and Pensions) Act. 1958

2 of 1958 The Federal Supreme Court Regulations
(Amendment) Act, 1958


Page
98

103


l50
a-r-743-








98 Federal Supreme Court (Salaries and Pensions) Act, 1958


THE WEST INDIES


FEDERAL SUPREME COURT (SALARIES AND
PENSIONS) ACT, 1958


ACT No. 1 of 1958.

ARRANGEMENT OF SECTIONS


Section


Short title.
Salaries of judges of Federal Supreme Court.
Pensions of judges of Federal Supreme Court.
Maximum pensions.
Salaries and pensions accrue from day to day.
Commencement.
Schedule Special provisions governing the grant of pensions to
federal judges







Federal Supreme Court (Salaries and Pensions) Act, 1958 99


I ASSENT

HAILES,
[L.S.]
GOVERNOR-GENERAL
8th May, 1958.







An Act to provide for the payment of salaries and
pensions to the judges of the Federal Supreme Court.
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Senate and the House
of Representatives of The West Indies, and by the authority
of the same, as follows:-

1. This Act may be cited as the Federal Supreme Short title.
Court (Salaries and Pensions) Act, 1958.
2. There shall be paid to the Chief Justice of The salaries of
judges of
West Indies a salary of nineteen thousand two hundred Federal
dollars a year and to every other judge of the Federal Supreme
Supreme Court a salary of sixteen thousand eight hundreds
dollars a year.
3. (1) Any person who has been appointed to the office of Pensions
Chief Justice of The West Indies or Federal Justice, and the of Fudge
legal personal representative and dependants of any such Supreme
person may, in respect of the service of such person in that Court.
office, be granted a pension or gratuity, or pension and
gratuity, as the case may be, of the same amount as may be







100 Federal Supreme Court (Salaries and Pensions) Act, 1958

granted under any law of the Federal Legislature which
makes provision for the payment of pensions and gratuities to
officers in the public service of the Federation (in this Act
referred to as the "federal pensions law") if that office had
been a pensionable office for the purposes of that law.
(2) The grant of any pension or gratuity under this
Act shall be made in accordance with the provisions set out in
the Schedule to this Act but otherwise' shall, subject to the
provisions of the Constitution, be made subject to the same
terms and conditions as would apply to- a pension or gratuity
granted under the federal pensions law.
(3) All such sums of money as may from time to time
be granted by way of pension, gratuity or other allowance
in pursuance of this Act, are hereby appropriated out of the
public funds of the Federation and shall be paid therefrom
on the warrant of the (overnor-(General.
Maximum 4. (1) Nothing in this Act shall affect the grant of any
pensions. pension in respect of public service in any other office,
provided that a person who shall have been granted a pension
in respect of public service in a civil capacity (whether in
respect of the government of the Federation or otherwise) in
any other office shall not at any time draw from the public
funds of the Federation an amount of pension under the
provisions of this Act which, when added to the amount of any
pension or pensions drawn in respect of such public service
in any other office, exceeds two-thirds of the highest pension-
able emoluments drawn by him at any time in the course of his
public service:
Provided that where a person receives in respect
of some period of public service both a pension and a gratuity,
the amount of such pension shall be deemed for the purpose of
this section to be four-thirds of its actual amount.
(2) For the purposes of this section an additional
pension granted in respect of injury shall not be taken into
account; but where a person is granted such an additional
pension under this Act, the amount thereof together with the
remainder of his pension or pensions shall not exceed five-
sixths of his highest pensionable emoluments at any time in
Salaries the course of his public service.
and
tensions 5. The salaries and pensions payable under or by
accrue
from day virtue of this Act shall accrue from day to day.
to day.
Commence- 6. This Act shall be deemed to have come into opera-
ment. tion on the 3rd day of January, 1958.








Federal Supreme Court (Salaries and Pensions) Act, 1958


SCHEDULE Section 3.

Special provisions governing the grant of pensions
to federal judges.
1. The pension that may be granted on retirement
from the public service to any person who has been appointed
to the office of Chief Justice of The Wes, Indies or the office
of Federal Justice, and -
(a) who has attained on the date of such retire-
ment the age of sixty years; or
(b) in whose case the Governor-Geneial is
satisfied on medical evidence that he has so
retired because he is incapable by reason of
infirmity of mind or body of discharging the
duties of his office and that such infirmity is
likely to be permanent, or
(c) who has retired on the abolition of his office,
shall, subject to the provisions of this Act and of the federal
pensions law as modified by this Act, be calculated in respect
of his service in either of those offices-
(a) up to a maximum of ten years actual service,
at the annual rate of one two hundred and
fortieth of his pensionable emoluments for
each complete month of service, and
(b) thereafter at the annual rate of one four
hundred and eightieth of his pensionable
emoluments for each complete month of
service,
and shall be in lieu of any pension in respect of such service
calculated in accordance with the federal pensions law.
2. For the purpose of calculating the ininimum period
of public service necessary to qualify for a pension in respect
of such public service in the case of a person who has been
appointed to the office of Chief Justice of The West Indies
or the office of Federal Justice and -
(a) who has attained the age of sixty years on
the date of his retirement, or
(b) in whose case the Governor-General is
satisfied on medical evidence that he has
retired because he is incapable by reason of







102 Federal Supreme Court (Salaries and Pensions) Act, 1958

infirmity of mind or body of discharging the
duties of his office and that such infirmity is
likely to be permanent, or
(c) who has retired on the abolition of his office,
any period of service in either of such offices shall be counted
twice.
3. Any person who has been appointed to the office
of Chief Justice of The West Indies or the office of Federal
Justice and whose period of public service (as calculated in
accordance with paragraph 2 of this Schedule) does not equal
the minimum qualifying period, and
(i) (a) who has retired from the public service
because he is incapable by reason of infirmity
of mind or body of discharging the duties of
his office, and
(b) in whose case the Governor-General is satis-
fied on medical evidence that such infirmity
is likely to be permanent, or
(ii) who has retired on the abolition of his office,
may be granted a pension of an amount which when added to
the pension (if any) that he may have been granted in respect
of any other public service does not exceed one-fourth of his
annual pensionable emoluments.
Passed by the House of Representatives this 30th day
of April, 1958.
G. E. L. LAFOREST,
Clerk, House of Representatives.
E. R. L. WARD,
Speaker.

Passed by the Senate this 1st day of May, 1958.
D. F. MAYERS,
Clerk of the Senate.








Federal Supreme Court Regulations (Amendment) Act, 1958 103


THE WEST INDIES


FEDERAL SUPREME COURT REGULATIONS
(AMENDMENT) ACT, 1958

.ACT No. 2 of 1958.

ARRANGEMENT OF SECTIONS
.Section
1. Short title.
.2. Regulation 28(2) of principal Regulations repealed.
-3. Regulation 56 of principal Regulations repealed and replaced.








104 Federal Supreme Court Regulations (Amendment) Act, 1958


I ASSENT

HAILES,
[L.S.]
GOVERNOR-GENERAL

8th May, 1958.






An Act to amend the Federal Supreme Court Regula-
tions, 1958.
Be it enacted by the Queen's Most Excellent Majesty,
by and with the advice and consent of the Senate and the-
House of Representatives of The West Indies, and by the.
authority of the same, as follows:-
Short title. 1. This Act may be cited as the Federal Supreme-
Court Regulations (Amendment) Act, 1958, and shall be read
No. 3 of as one with the Federal Supreme Court Regulations, 1958,
1958. hereinafter referred to as the principal Regulations.
Regulation 2. Regulation 28 of the principal Regulations is.
principal hereby amended by repealing paragraph (2) thereof and by
Regulations renumbering paragraph (3) as paragraph (2).
repealed.
Regulation 3. (1) Regulation 56 of the principal Regulations is.
inopal hereby repealed and in its place the following provision shall
Regulations have effect-
repealed "56(1) Where in any civil cause or matter notice-
and
replaced. of appeal from the order of a Full Court or a
judge of a superior court to any other court in the
Federation has been given before the date oi-







Federal Supreme Court Regulations (Amendment) Act, 1958 105

which these Regulations came into force, but pro-
ceedings in respect of that appeal are subsequent
to that date still pending before such last men-
tioned court, all such proceedings shall subject to
the provisions of this regulation be heard and
determined by the Federal Supreme Court.
(2) Any appeal or any proceedings in respect
of any appeal heard and determined by the
Federal Supreme Court under this regulation shall
be governed-
(a) as respect the following matters, that is
to say-
(i) the grounds upon which the
appeal lies or upon which any
proceedings in respect of the
appeal might be instituted, or
(ii) any limitation, restriction or pro-
hibition placed upon the right of
appeal or the right to institute
proceedings in respect of the
appeal (including the necessity
for obtaining leave), or
(iii) in respect of any application pend-
ing before the West Indian Court
of Appeal on the date when these
Regulations came into operation,
the power to restore an appeal
that stands dismissed under rule
10 of the West Indian Court of
Appeal Rules, 1945, and the
power to extend the time within
which anything may be done
under those Rules,
by the law which would have governed
the appeal on the proceedings in
relation to such matters if these
Regulations had not been enacted;
(b) as respect any matters of practice and
procedure, other than matters referred
to in subparagraph (a) of this para-
graph and as respect the powers which







106 Federal Supreme Court Regulations (Amendment) Act, 1958

may be exercised by the Federal
Supreme Court upon the hearing and
determination of such appeal, by the
provisions of these Regulations.
(3) The records, documents and exhibits in any
appeal to which the provisions of paragraph (1)
of this regulation apply, shall be transmitted by
the officer having custody thereof to the Registrar
or to a deputy registrar of the Federal Supreme
Court in accordance with instructions to be given
by the Registrar."
(2) This section shall be deemed to have come into
operation on the date when the principal Regulations came
into operation.

Passed by the House of Representatives this 30th day
of April, 1958.


G. E. L. LAFOREST,
Clerk, House of Representatives.

E. R. L. WARD.
Speaker.



Passed by the Senate this 1st day of May, 1958.


D. F. MAYERS,
Clerk of the Senate.









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







The Council of State (Oaths) Bill


THE WEST INDIES


THE COUNCIL OF STATE (OATHS) BILL


OBJECTS AND REASONS

Clauses 2 and 3 of this bill make provision for oaths to
be taken by members of the Council of State and the
nominated officials who may attend meetings of Council,
binding all such persons to give their advice freely and not to
divulge the proceedings of the Council without the Governor-
General's consent. Clause 4 prescribes an oath of secrecy
which the clerk to the Council is required to take. Clause
5 provides that an affirmation may be made in lieu of an oath.

Similar legislation exists in all the Territories of the
Federation.







2 The Council of State (Oaths) Bill


THE WEST INDIES


ACT No. OF 1958

THE COUNCIL OF STATE (OATHS) BILL


ARRANGEMENT OF CLAUSES
Clause
1. Short title.
2. Member of Council of State to take oath before entering in office.
3. Persons nominated under article 69 of the Constitutio6n to take
oath.
4. Clerk to the Council to take oath.
5. Affirmation in lieu of oath.
6. Transitional provision.



A Bill intituled

An Act to provide for oaths to be taken by members of
the Council of State and by officials in attendance thereon.

Be it enacted by the Queen's Most Excellent Majesty,
by and with the advice and consent of the Senate and the
House of Representatives of The West Indies, and by the
authority of the same, as follows:-

short title. 1. This Act may be cited as the Council of State
(Oaths) Act, 1958.

Member of 2. Every person appointed to be a member of the
(Oouncil of
State to Council of State shall before entering upon the functions of
take oath his office make and subscribe before the Governor-General
before
entering or some other person authorised in that behalf by the
in office. Governor-General, an oath in the form set out in the First
Schedule to this Act.







The Council of State (Oaths) Bill 3

3. Every person who has been nominated by the Persons
Governor-General under and for the purpose of article 69 F"under
-of the Constitution shall before attending any meeting of the article 69
'Council of State pursuant to the provision of that article, cotitu-
inake and subscribe before the Governor-General, or some tion to
'other person authorised in that behalf by the Governor-'take oath.
General, an oath in the form set out in the Second Schedule
-to this Act.

4. Every officer appointed to perform the functions Clerk to
-of clerk to the Council of State shall before entering upontCkoeuncil
the functions of the office make and subscribe before theoath.
*Governor-General, or some other person authorised in that
Behalf by the Governor-General, an oath in the form set out
in the Third Schedule to this Act.

5. Every person required by this Act to make andAffirmtion
in lieu of
subscribe an oath may in lieu of such oath make andonth,.
subscribe an affirmation in the form of the appropriate oath
set out in either the First, Second or Third Schedule of this
Act, in each case substituting the words "solemnly and
,sincerely affirm and declare" for the word "swear" and
.omitting the words "So help me God".

6. Any person required by the provisions of this Transi-
Act to make an oath who has entered upon the functions of~on.pro-
his office before the commencement of this Act. shall make
-and subscribe such oath as soon as may be after the coming
into operation of this Act.


FIRST SCHEDULE Section 2.

I, ...................................... having been
.appointed a member of the Council of State of The West
Indies, do swear that I will, to the best of my judgment, at
.tll times when thereto required, freely give my counsel and
;advice to the Governor-General or officer administering the
.government of The West Indies for the time being, for the
:good management of the public affairs thereof; that except
with the authority of His Excellency the Governor-General,
I will not directly or indirectly reveal the business or
proceedings of the Council of State or the nature or contents







4 The Council of State (Out/hs) Bill

of any document communicated to me as a member of the
Council or any matter coming to my knowledge in my
capacity as a member of the Council, and that in all things
I will be a true and faithful Councillor.
So help me God.

SECOND SCHEDULE Section 3.

I, ...................................... having been
nominated by the Governor-General under and for the pur-
poses of article 69 of the Constitution do swear that I will,
in exercising the rights thereby conferred to attend any meet-
ing of Her Majesty's Council of State of The West Indies and
to take part in discussions threat, at all times when thereto
required, freely and to the best of my judgment give my
advice to the Governor-General or officer administering the
government of The West Indies for the time being, for the
good management of the public affairs thereof; that except
with the authority of His Excellency the Governor-General,
I will not directly or indirectly reveal the business or pro-
ceediiigs of the Council of State or the nature or contents
of any document communicated to me by virtue of the rights
conferred on me under the said article or any matter coming
to my knowledge by virtue of the rights conferred on me
under the said article and that in all things I will be a true
and faithful Adviser.
So help me God.

THIRD SCHEDULE Section 4.

I, ..................................... having been
appointed to perform the functions of clerk to Her Majesty's
Council of State of The West Indies, do swear that except
with the authority of His Excellency the Governor-General,
I will not directly or indirectly reveal the business or
proceedings of the Council or the nature or contents of any
documents communicated to me as clerk to the Council or any
matter coming to my knowledge in my capacity as clerk to
the Council.
So help me God.


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







The Federal Supreme Court (Virgin Islands Appeals) Bill


THE WEST INDIES


THE FEDERAL SUPREME COURT (VIRGIN
ISLANDS APPEALS) BILL.

OBJECTS AND REASONS

This bill seeks to confer, under the Virgin Islands
(Appeals) Order in Council, 1957, jurisdiction on the
Federal Supreme Court to hear appeals from the superior
courts of the Virgin Islands, and to provide for appeals to
the Privy Council from the determinations of the Federal
Supreme Court made in the exercise of that jurisdiction.

The effect of the bill is to apply to the Virgin Islands
the provisions of the Federal Supreme Court Regulations,
1958 so that appeals to that Court from the superior courts
of that Territory will be governed by the same provisions
as govern such appeals from the superior courts of the
Territories of the Federation.







2 The Federal Supreme -Court (Virgin Islands Appea.) .Bill


THE WEST INDIES


ACT. No. OF 1958

THE FEDERAL SUPREME COURT (VIRGIN
ISLANDS APPEALS) BILL.


ARRANGEMENT OF CLAITSES
.Clause
1. Short title and conmmenement.
2. Interpretation-general, references to superior court, references to
Attorney General, Territory, etc.
3. Same rights of appeal from Virgin Islands as from Territories of
Federation.
4. Reception, detention and return of prisoners from the Virgin
Islands.
5. Part IV of Federal Supreme. Court Regulations, 1958 applied to
appeals from Virgin Islands.



A Bill intituled

An Act to confer on the Federal Supreme Court
jurisdiction to hear and determine appeals from the superior
courts of the Virgin Islands; to provide for appeals to Her
Majesty in Council from determinations of the Federal
Supreme Court made in the exercise of that jurisdiction; and
to provide for matters connected with the foregoing.

Be it enacted by the Queen's Most Excellent Majesty,
by and with the advice and consent of the Senate and the
House of Representatives of The West Indies. and by the
authority of the same, as follows:-

Short title ]. This Act may be cited as the Federal Supreme
ommence- courtt (Virgin Islands Appeals) Act, 1958 and shall come
ment. into operation on such day as the Governor-General shall by
proclamation appoint.








The Federal Supreme Court (Virgin Islands Appeals) Bill


2. (1) In this Act, unless the context otherwise ttPon-
requires- general,
"the Colony" means the Colony of the Virgin Islands;
"the Regulations" means the Federal Supreme Court No 3 of
Regulations. 1958.
references
(2) In this Act and in the Regulations references toto superior
a superior court shall, in relation to the Colony, be construed court,
as references to any superior court of record (other than
the court established by the West Indian Court of Appeal
Act, 1919) established for the Colony; and the Supreme 9 & 0Geo.
Court of the Windward Islands and Leeward Islands and e.
the Court of Appeal for the Windward Islands and Leeward
Islands shall each, in respect of its jurisdiction in the
Colony, be deemed to be a superior court of the Colony.
S references
(3) For the purposes of this Act, unless the context Attorney
otherwise requires, in the Regulations- General,
Territory
(a) the references in Part III to the Attorneyetc.
General, in relation to the Colony means the
Attorney General of the Leeward Islands;
(b) references to a "Territory" shall be construed
as including references to the Colony;
(c) the reference in paragraph (1) of regulation
56 to "the date on which these Regulations came
into force" shall be construed as a reference to
the date appointed by the Governor-General
under section 2 of this Act.
Same
3. The Federal Supreme Court shall have suchights of
jurisdiction to hear and determine appeals (including; '
reserved questions of law and cases stated) from anyVirgin
Islands as
superior court of the Colony as is exercisable by the Courtfrom
Territories
under the Regulations in respect of appeals from theof Federa-
superior courts of the Territories of the Federation and thetion.
provisions of the Regulations shall, insofar as they are
applicable and subject to this Act, govern all such appeals.








4 The Federal Supreme Court (Virgin Islands Appeals) Bill

Reception, 4. (1) A judge of the Federal Supreme Court may issue
detention
and return a warrant for the reception and detention at any territory
of prisoners comprised in the Federation of prisoners conveyed to that
Virgin territory under any law of the Legislature of the Colony
Island's. enacted under section 5 of the Virgin Islands (Appeals).
. 1. '157 Order in Council, 1957 and for the conveyance of such
No. 1746
(U.K.) 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.

(2) During any period during which such a prisoner
is detained in custody under the authority of any such
warrant at any territory in which his attendance is required,
he shall be detained in such place and manner as prisoners
of his category (whether convicted or awaiting trial as the
case may be) are detained in accordance with the law inl
operation in such territory.

Part IV 5. Part IV of the Regulations and the Schedule-
of Federal
Supreme thereto (both of which relate to appeals to Her Majesty ilt
Court Council) shall apply to an- determination of the Federal'
Regula-
tions, 1958 Supremee Court made in the exercise of the jurisdiction to,
applied to liear and determine appeals (including reserved questions
frnppe of law and cases stated) front tile superior courts of the-
Virgin Colony conferred on the Federal Supreme Court under this-
Islands. At.
Act.


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







The Federal Supreme Court (British Guiana Appeals) Bill


THE WEST INDIES


THE FEDERAL SUPREME COURT (BRITISH
GUIANA APPEALS) BILL

OBJECTS AND REASONS

The Government of British Guiana proposes to submit
to the Legislature of that Colony, for enactment under the
provisions of the British Guiana (Appeals) Order in Council,
1957, legislation conferring on the Federal Supreme Court an
appellate jurisdiction from the superior courts of British
Guiana in substitution for that existing at present. It is
proposed that the jurisdiction conferred shall be in the same
terms as are contained in the Federal Supreme Court Regu-
lations, 1958, governing appeals from the superior courts of
the Territories comprised in the Federation. This proposal
is conditional, however, upon the enactment by the Federal
Legislature of a law providing for appeals to the Privy
Council from judgment of the Federal Supreme Court in
appeals from the superior courts of British Guiana. The
British Guiana (Appeals) Order in Council, 1957 empowers
the Federal Legislature to enact such a law, and in pursuance
of that power, this bill seeks therefore to make provision
accordingly, by applying to such judgments the provisions
of the Federal Supreme Court Regulations, 1958 which govern
appeals to the Privy Council from judgments of the Federal
Supreme Court given in appeals from superior courts of the
territories of the Federation.








2 The Federal Supreme Court (British Guiana Appeals) Bill


THE WEST INDIES

ACT No. OF 1958

THE FEDERAL SUPREME COURT (BRITISH
GUIANA APPEALS) BILL

ARRANGEMENT OF CLAUSES
Clause
1. Short title and commencement.
2. Part IV of Federal Supreme Court Regulations, 1958 applied to
appeals from British Guiana.


A Bill intituled

An Act to provide for appeals to Her Majesty in Council
from determinations of the Federal Supreme Court in appeals
from the superior courts of British Guiana.

Be it enacted by the Queen's Most Excellent Majesty,
by and with the advice and consent of the Senate and the
House of Representatives of The West Indies, and by the
authority of the same, as follows:-

Short title 1. This Act may be cited as The Federal Supreme
and con- Court (British Guiana Appeals) Act, 1958, and shall come
menemeinto operation on such day as the Governor-General shall by
proclamation appoint.

Part iv of 2. Part IV of The Federal Supreme Court Regu-
Fedel nations, 1958 and the Schedule thereto (both of which relate
Supreme
Court to appeals to Her Majesty in Council) shall apply to any
Regulations, determination of the Federal Supreme Court made in the
1958 applied
to nppels exercise of any jurisdiction to hear and determine appeals
froum Bitish (including reserved questions of law and cases stated) from
No. a any superior court of the Colony of British Guiana that may
1958. be conferred on the Federal Supreme Court by any law of the
Legislature of that Colony.


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The Civil Establishment Bill


THE WEST INDIES


THE CIVIL ESTABLISHMENT BILL

OBJECTS AND REASONS

The object of this bill is to provide legislative authority
for the establishment of the public service of the Federation.
The legislation is of an enabling nature; it empoivers the
Governor-General to exercise the power vested in him by the
Constitution to establish or abolish offices for the public
service by making orders which may fix the emoluments
attached to such offices, prescribe the qualifications to be
possessed by persons appointed to such offices, and authorise
the payment of travelling expenses of officers and their
families. All such orders are provisional only and must be
laid before each chamber of the Federal Legislature, and they
have effect only when approved by a resolution of each
chamber. The bill provides that monies payable under an
order so approved are appropriated out of the public funds
of the Federation.

2. The bill also makes provision for two other related
matters. The Governor-General is given power, acting in
his discretion but after consultation with the Public Service
Commission, to direct at what point within the salary scale
an officer shall be appointed, and also in special cases of
hardship to make adjustments to the salary of an officer
within the limits of his salary scale. Provision is also made
for safeguarding pension rights on the secondment of federal
officers to other public service, and for the appointment of
some other person to the office of the seconded officer, if a
pension contribution is being paid to the Federation in respect
of that officer:








The Civil Establishment Bill


THE WEST INDIES


ACT No. OF 1958

THE CIVIL ESTABLISHMENT BILL


ARRANGEMENT OF CLAUSES

Clause
1. Short title.
2. Commencement.
3. Interpretation.
4. Governor-General may make orders constituting offices, determining
emoluments, etc.-Orders to be provisional until approved by
Legislature.
5. Increments-Special cases.
6. Officers on secondment.
7. Savings.
8. Emoluments, etc., payable out of public funds of Federation.



A Bill intituled

An Act to make provision for the public service of the
Federation and for matters connected therewith.

Be it enacted by the Queen's Most Excellent Majesty,
by and with the advice and consent of the Senate and the
House of Representatives of The West Indies, and by the
authority of the same, as follows:-

Short title 1. This Act may be cited as the Civil Establishment
Act, 1958.

Commence- 2. This Act shall come into operation on such day as
meant. the Governor-General shall by proclamation appoint.

Inter- 3. In this Act, unless the context otherwise requires,
pretation. "Officer" means an officer in the public service of
the Federation;








The Civil Establishment Bill


"Public Service Commission" means the Public
Service Commission provided for under article
102 of the Constitution:
Provided that until the temporary Public
Service Commission provided for under sub-
section (6) of section 2 of the West Indies. 1. 1957
No. 1364
(Federation) Order in Council, 1957 has ceased (U.K.)
to exist in accordance with paragraph (d) of
that subsection, references to the Connmission
shall be construed as references to the temporary
Public Service Commission.
"public service of the Federation" means the service
of the Crown in a civil capacity in respect of the
government of the Federation but does not
include service as a member of the Council of
State or as a member of any board, panel,
connuittee or other similar body (whether in-
corporated or not) established by a law of the
Federal Legislature.

4. (1) The power of the Governor-General to constituteG overnor-
General
or abolish offices in the public service of the Federation shallmay make
be exercised by order. orders con-
stituting
offices,
(2) It shall be lawful for the (Governor-General from determining
emoluments,
time to time by order- etc.
(a) to determine the number of persons who may
be appointed to such offices;
(b) to prescribe the qualifications to be possessed
S by persons appointed to such offices;
(c) to determine the emoluments to be attached
to such offices; and
(d) to authorise the payment of the cost of
passages and other travelling expenses of
officers and their families.

(3) An order under this section may contain such
incidental, consequential and supplemental provisions as the
Governor-General thinks necessary or expedient for giving
full effect to the order, and may include provision-
(a) for making in any enactment regulating the
number of offices in respect of which, or the








4 The Civil Establishment Bill

number of office holders in respect of whom,
salaries may be paid, such modifications as
may be expedient;
(b) for the adaptation, amendment or repeal of
any enactment relating to the appointment,
powers, duties, rights and liabilities of any
officer holding any office specified in an order
or bearing the same style and title as an officer
appointed to any office specified in an order.

(4) An order under this section may provide that it
shall be deemed to have had effect as from the third day of
January, one thousand nine hundred and fifty-eight.
Orders to be (5) An order under this section shall be provisional
national only and shall be of no effect until it has been laid before
approved by the Federal Legislature and has been approved by a resolution
Legislature. of each member.
Increments. 5. Where the emoluments attached to an office con-
stituted by an order under section 4 of this Act include a
salary on an incremental scale, the Governor-General acting
in his discretion but after consultation with the Public
Service Commission, may direct-
(i) that the initial salary of any person appointed to
such office shall include such an amount of in-
crement as he thinks expedient;
Special (ii) that in any case in which it shall appear to the
cases. Governor-General that there are special circum-
stances relating to the amount of salary or annual
increments of a person already appointed to such
office which operate unfairly upon, or to the
prejudice of, such person and which warrant
special adjustment, the salary of such person shall
be adjusted within the limits of the scale in such
manner as the Governor-General may deem
expedient.
Officers on 6. (1) If an officer is seconded from the public service
secondment. of the Federation to the service of another territory or to
service under an authority, body or agency and such territory,
authority, body or agency (in this section referred to as an
approved employer) is approved by the Governor-General for








The Civil Establishment Bill 5

-the purposes of this section, such officer shall, during the
period of his secondment, cease to receive the emoluments
-attached to his office but shall nevertheless be deemed to hold
:such office for the purposes of any law of the Federal
Legislature which makes provision for the payment of
pensions to officers.

(2) Where the holder of an office (in this section
referred to as the substantive holder) is withdrawn from his
-office for the purpose of being seconded in accordance with
the provisions of the preceding subsection of this section,
.and if the approved employer agrees to pay to the Federation
during the period of his secondment a contribution in respect
of his pension at the rate prescribed by the Governor-General,
it shall be lawful for the Governor-General to appoint a
person to such office as if it were vacant and such person
shall be deemed to be the holder of such office and shall receive
-the emoluments attached thereto during such time as the
;substantive holder thereof is seconded as aforesaid.

7. (1) The powers conferred by or under this Act shall avihgs.
be in addition to and not in derogation of the powers exer-
cisable by virtue of the prerogative of the Crown.

(2) Nothing in this Act shall be construed so as to
affect any power vested in the Governor-General to exercise
disciplinary control over officers.

8. All monies payable under the provisions of any Emoluments,
order made under this Act are hereby appropriated out of the outof pbnic
public funds of the Federation and shall be paid therefrom on funds of
the warrant of the Governor-General. Federation.


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