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Group Title: West Indies gazette
Title: The West Indies gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076857/00030
 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: June 24, 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: VID00030
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 61
        Page 62
    The Federal Coat of Arms (Regulation) Bill
        A-1
        A-2
        A-3
        A-4
    Revision of Laws Bill
        B-1
        B-2
        B-3
        B-4
        B-5
        B-6
        B-7
        B-8
        B-9
        B-10
Full Text















The West Indies Gazette


VOL. 1


TUESDAY, 24TH JUNE, 1958

TABLE OF CONTENTS
GAZETTE NOTICE
No. SUBJECT MATTER
88 Publication of Bills


No. 30


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:-
The Federal Coat of Arms (Regulation) Bill.
Revision of Laws Bill.


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


3 a 7a








The Federal Coat of Arms (Regulation) Bill


THE WEST INDIES


THE FEDERAL COAT OF ARMS
(REGULATION) BILL

OBJECTS AND REASONS

The object of this Bill is to regulate the use of the
coat of arms of the Federation so as to prevent
indiscriminate reproduction for commercial purposes.
Clause 2 makes it an offence for these arms to be
used or displayed for commercial purposes or in connection
with group activities except under licence from the
Governor-General. The object of the proviso to the clause
is to exempt from the operation of the clause the sale
of articles such as souvenirs carrying reproductions of the
Federal arms, but the Governor-General is given power to
declare by order that the clause shall apply to any such
reproductions in cases where he considers public good taste
to be offended.

Clause 4 provides for a punishment of a fine not exceed-
ing two hundred and fifty dollars on summary conviction
for an offence under the Act, and in case of a continuing
offence, twenty-five dollars a day.

Similar legislation exists in the United Kingdom in
respect of the Royal Arms in section 92(2) of the Patents
Act, 1949.








The Federal Coat of Arms (Regulation) Bill


THE WEST INDIES

ACT No. of 1958

THE FEDERAL COAT OF ARMS
(REGULATION) BILL

ARRANGEMENT OF CLAUSES
Clause
1. Short title.
2. Restrictions on using coat of arms of the Federation.
3. Licences may be subject to terms and conditions.
4. Penalty.


A Bill intituled.

An Act to regulate the use of the coat of arms of
The West Indies.

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. (1) This Act may be cited as the Federal Coat of
application. Arms (Regulation) Act, 1958.
(2) This Act shall apply to the Cayman Islands and
the Turks and Caicos Islands.
Restrictions 2. Subject as hereinafter provided, any person who,
on using
he coatof otherwise than in accordance with the terms of a licence
arms of the granted by the Governor-General, uses or displays-
Federation.
(a) in connection with the carrying on of any
business, trade, profession or calling; or

(b) in connection with the activities of any body
of persons, whether corporate or unincor-
porate,








The Federal Coat of Arms (Regulation) Bill


the coat of arms of the Federation, or any arms so nearly
resembling them as to be calculated to deceive, shall be
guilty of an offence against this Act:

Provided that the foregoing provisions of this
section shall not apply to the reproduction or representation
of the coat of arms of the Federation on any article, goods
or thing sold or offered for sale unless the Governor-General
,considers that such reproduction or representation offends
or might, if effected, offend public good taste and declares,
by order published in the Gazette, that the said foregoing
provisions shall apply to the reproduction or representation
of the coat of arms of the Federation on those articles, goods
,or things.
3. (1) Any licence issued by the Governor-General under Licences
-the provisions of this Act may contain such terms anduject to
conditions as to the Governor-General may seem fit andterms and
mnay at any time be revoked, amended or altered by thecn
Governor-General.

(2) All applications for such licences shall be in
writing addressed to the Federal Secretary and shall contain
such information as the Governor-General may from time to
time require.
4. Any person guilty of an offence against this ActPenalty.
shall be liable on summary conviction to a fine not exceeding
two hundred and fifty dollars and in the case of a continuing
offence to a fine not exceeding twenty-five dollars for every
-day or part of a day during which the offence is continued
after the first day on which a conviction is had.


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








The Revision of Laws Bill


THE WEST INDIES


THE REVISION OF LAWS BILL


OBJECTS AND REASONS

The object of this bill is to provide for the revi-
sion, and the publication in its revised form, as soon as
practicable after the 31st December, 1958 of an edition of the
Laws of The West Indies in a loose-leaf or other suitable form,
which will be continuously kept up to date by the publication
at annual intervals (or more frequently if necessary) of new
or replacement pages incorporating the effect of all legisla-
tion enacted during the period since the last such publication.
In this way the Laws of The West Indies will always con-
tain the law in the form in which it is currently in force,
save for the effect of legislation enacted during the current
year.

Subject to some special provisions providing for
the proposed method of continuous revision and publication
in loose-leaf form, in most respects the bill follows the usual
form of law revision statute enacted by a territory for the
purpose of a general revision of its laws. Clause 3 provides for
the appointment of a Statute Law Commissioner who is
responsible for the preparation of the Laws. (Clause 4).
Clause 5 provides for its publication in loose-leaf or other
suitable form, and clause 6 empowers the Governor-General
to authorise by order the inclusion therein of the pages com-
prising the Laws, or the removal therefrom of pages con-
taining laws that are no longer in force. Clause 8 requires
all Acts of the Federal Legislature to be included in the
Laws, together with such proclamations and subsidiary
legislation and such Imperial laws or laws of other territories
as the Commissioner thinks fit. Clause 7 provides that the
Laws of The West Indies shall be the sole and proper statute
book of the Federation. Clauses 9, 12 and 13 which set out
the powers which may be exercised by the Commissioner
in preparing the Laws, are in common form and are to be
found in all law revision statutes; in particular such powers
do not include any authority to make any alterations or








2 The Revision of Laws Bill

amendments of substance in any law. Clause 10 contains
a standard provision preserving the validity of laws omitted
from the Laws from being affected by the mere fact of
omission. Clause 14 makes provision for references in
federal legislation to laws which are embodied in the Laws
to be construed as references to the corresponding provision
in the Laws.








The Revision of Laws Bill 3


THE WEST INDIES

THE REVISION OF LAWS BILL

ARRANGEMENT OF CLAUSES
Clause
1. Short title and application.
2. Interpretation.
3. Appointment of Commissioner.
4. Duty of Commissioner to revise laws.
5. Laws of The West Indies to be published in loose-leaf form.
6. Inclusion in or removal of pages from the Laws to be authorised
by Governor-General.
7. Validity of Laws of The West Indies.
8. Contents of Laws of The West Indies.
9. Power to omit certain laws from Laws of The West Indies.
10. Validity of laws not affected by omission from Laws of The West
Indies.
11. Laws of The West Indies to be prepared as at 31st December, 1958
and thereafter annually kept up to date.
12. Powers of Commissioner.
13. No power to make alterations of substance.
14. Construction of references to laws embodied in Laws of The West
Indies.
15. Expenses.


A Bill intituled

An Act to provide for the revision of the laws of
The West Indies, 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:-

1. (1) This Act may be cited as the Revision of Laws short.titlc
and appli-
Act, 1958. cation.

(2) This Act shall apply to the Cayman Islands and
the Turks and Caicos Islands.







The Revision of Laws Bill


Interpre- 2. In this Act unless the context otherwise
station.
station requires-

"Commissioner" means the Statute Law Com-
missioner appointed by the Governor-General under
section 3 of this Act;
"Imperial laws" means Imperial Acts, Orders
in Council, Royal Proclamations, Letters Patent,
Royal Instructions and other instruments having
legislative effect in the Federation and includes any
law applied to the Federation by such Acts, Orders
in Council, Royal Proclamations, Letters Patent,
Royal Instructions or other instruments;
"laws" means Acts, proclamations, and sub-
sidiary legislation and includes Imperial laws and
territorial laws;
"territorial law" means any law concerning the
Federation enacted by or under the authority of the
legislature of any territory within the Common-
wealth (other than the United Kingdom or the
Federation, but including any of the Territories
comprised in the Federation).

Appoint- 3. The Governor-General shall by instrument in
C0ento- writing under his hand appoint a Commissioner for the pur-
sioncr. poses of this Act, to be known as the "Statute Law
Commissioner".
Duty of 4. It shall be the duty of the Commissioner to cause
Commis-
sioler to to be prepared, maintained and published an edition of the
revise laws. laws of The West Indies in accordance with the provisions
of this Act, which edition shall be known for all purposes as
the "Laws of The West Indies."

Laws of 5. (1) The Laws of The West Indies shall be published
Indies to in loose-leaf form or in such other form as the Commissioner
be pub- may determine and shall comprise such pages as may be
soos-eaf authorised to be included therein by order of the Governor-
form. General made under section 6 of this Act.

(2) Every page comprised in the Laws of The West
Indies shall bear a reference to the order by which its inclu-
sion therein was authorised.







The Revision of Laws Bill


6. (1) It shall be lawful for the Governor-General by Ilnlusion" i
or removal
order to authorise the inclusion in the Laws of The West of
Indies of each page to be comprised therein. pges from
be autho-
(2) Any order made under this section may authorise ioernor-
the removal from the Laws of The West Indies of any page- General.

(a) which has been replaced by a new page
authorised by such an order to be included
therein, or

(b) in any case where the provisions contained in
that page may be omitted from the Laws of
The West Indies by the Commissioner by
virtue of the powers conferred on him by this
Act.

(3) The inclusion in or removal from the Laws of The
West Indies of a page by authority of an order made under
this section shall have effect from such date as the Governor-
General shall declare in the order.

7. Subject to the provisions of section 10 and section Validity of
13 of this Act, the pages of the Laws of The West Indies e est
shall from the date of the order or orders by which they Indies.
were authorised, be in all courts and for all purposes what-
soever deemed to be and shall be the sole and proper Statute
Book of the Federation in respect of the laws contained
therein, other than Imperial laws and territorial laws.

8. The Laws of The West Indies shall subject to Contents of
Laws of
the provisions of this Act contain- The west
Indies.
(a) every Act enacted prior to the date declared
pursuant to subsection (3) of section 6 of this
Act in the last order made by the Governor-
General under that section, other than the
Acts omitted under the authority of this Act;

(b) such proclamations and subsidiary legislation
made, given or issued prior to such last men-
tioned date as the Commissioner thinks fit to
include therein;







6 The Revision of Laws Bill

(c) any Imperial laws or territorial laws which
the Commissioner thinks fit to include therein;

(d) a chronological list of Acts, a table of contents
and an index:

Provided that where a page has been authorised
to be included in the Laws of The West Indies by an order
made by the Governor-General other than an order made
authorising the inclusion of pages prepared pursuant to sub-
section (1) of section 11 of this Act, it shall not be necessary
to authorise by such first mentioned order the inclusion in
the Laws of The West Indies of any Act enacted subsequent
to the date of the last order authorising the inclusion of
pages so prepared.

Power to 9. It shall not be necessary for the Commissioner to
m laws include in the Laws of The West Indies any appropriation Act
from Laws or any loan Act or loan guarantee Act which is of a temporary
of the
west nature or which is under revision or any law the carrying into
Indies. effect of whose provisions is doubtful.

Validity of 10 No law omitted, under the authority of this Act
laws not
affected by or otherwise, from the Laws of The West Indies shall be
omission deemed to be without force and validity by reason only of
from the
Laws. the fact that it is so omitted.

Laws of 11. (1) As soon as practicable after the 31st day of
dThe est December of the year 1958 and thereafter of each succeeding
be prepared year it shall be the duty of the Commissioner to prepare in
December accordance with the provisions of this Act the necessary
1958 and pages for inclusion in the Laws of The West Indies so that
eeanull it may contain all the laws which are required or authorised
kept up to by the provisions of this Act to be included therein and are
date. in force on that date.

(2) Nothing in this section shall be construed so as
to-
(i) prevent the Commissioner from prepar-
ing pages for inclusion in the Laws of
The West Indies at more frequent
intervals;








The Revision of Laws Bill 7

(ii) prevent the Governor-General from
authorising by order under and in
accordance with section 6 of this Act
the inclusion in the Laws of The West
Indies of such pages and the removal
therefrom of any pages.

12. In the preparation of the Laws of The West Indies Powers of
the Commissioner shall have the following powers, that is sooner.
to say-

(1) to omit-
(a) all laws or parts of laws which have been
repealed expressly or specifically or by
necessary implication, or which have expired
or have become spent or have had their
effect;
(b) all repealing enactments contained in laws
and also all tables or lists of repealed enact-
ments, whether contained in schedules or
otherwise;
(c) all preambles and long titles to laws, where
such omission can, in the opinion of the Com-
missioner, be conveniently made;
(d) all words of enactment in any law or section
of a law;
(e) all enactments prescribing the date when, or
the manner in which, any law or part of any
law is to come into force, where such omission
can, in the opinion of the Commissioner, con-
veniently be made;
(f) all amending laws or parts of laws where the
amendments effected by such laws or parts
of laws have been embodied by the Commis-
sioner in the laws to which they relate:

Provided that the provisions of regulation 12 of
the Interpretation Regulations, 1958 shall apply to such
omissions in the same way as if the laws omitted had been
repealed.







8 The Revision of Laws Bill

(2)to arrange the laws by chapters numbered consecu-
tively in such order and manner as the Commissioner may
determine;

(3) to consolidate into one law any two or more laws:
in jpari material, making the alterations thereby rendered
necessary in the consolidated laws, and affixing such date
thereto as may seem most convenient;

(4) to alter the order of sections in any law, and, in
all cases where it is necessary to do so, to renumber the
sections of any law;

(5) to alter the form or arrangement of any section
of any law, either by combining it in whole or in part with
another section or other sections, or by dividing it into two
or more subsections or by transposing words;

(6) to divide any law, whether consolidated or not,
into parts or other divisions and to give to such parts or
divisions a suitable heading;

(7) to transfer any provision contained in any law
from that law to any other law to which it more properly
belongs;

(8) to arrange the laws, whether consolidated or not,
in any group or sequence that may be convenient irrespective
of the date of enactment;

(9) to add a short title to any law which may require
it, and, if necessary, to alter the short title of any law;

(10) to shorten and simplify the phraseology of any
law;

(11) to correct grammatical and typographical errors
in the existing copies of laws and for that purpose to make
verbal additions, omissions or alterations not affecting the
meaning of any laws;

(12) to supply or alter marginal notes;


(13) to correct cross-references;








The Revision of Laws Bill 9

(14) to make such formal alterations as to names,
localities, offices and otherwise as may be necessary to bring
any law into conformity with the circumstances of the
Federation;

(15) to make such adaptations of or amendments to
any laws as may appear to be necessary or proper as a conse-
quence of any change in the constitution of any of Her
Majesty's dominions;

(16) to do all things relating to form and method which
may be necessary for the perfecting of the Laws of The
West Indies.

13. The powers conferred on the Commissioner under No power
or by virtue of this Act shall not be taken to imply any alterations
power in him to make any alteration or amendment in the of sub-
matter or substance of any law or part of any law. stance.

14. Where in any Act or statutory instrument refer- construe-
ence is made to any law the provisions of which have been ere renes
by virtue of this Act embodied in the Laws of The Westto laws
Indies such reference shall where necessary and practicable n La, s of
be deemed to extend and apply to the corresponding provi-The West
sions in the Laws of The West Indies, and all cross-references Inies.
in any Act or statutory instrument shall, where such cross-
references are affected by the operation of this Act, be read
and construed with such modifications as circumstances may
require.

15. The expenses of and incidental to the carrying Expenses.
out of the provisions of this Act shall be paid on the warrant
of the Governor-General from such monies as may be appro-
priated from the public funds of the Federation for that
purpose by a law of the Federal Legislature.


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




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