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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/UF00076857/00036
 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: July 18, 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: VID00036
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 73
    Legal Supplement
        A-112
    Legal Supplement: pt. 1 Acts of the Federal Legislature (No. 4 of 1958): The Federal Supreme Court (British Guiana Appeals) Act, 1958
        A-113
        A-114
        A-115
    Legal Supplement: pt. 1 Acts of the Federal Legislature (No. 5 of 1958): The Council of State (Oaths) Act, 1958
        A-116
        A-117
        A-118
        A-119
        A-120
    Legal Supplement: pt. 1 Acts of the Federal Legislature (No. 6 of 1958): The Evidence Act, 1958
        A-121
        A-122
        A-123
        A-124
        A-125
        A-126
        A-127
        A-128
        A-129
        A-130
    Legal Supplement: pt. 1 Acts of the Federal Legislature (No. 7 of 1958): The Federal Coat of Arms (Regulation) Act, 1958
        A-131
        A-132
        A-133
    Legal Supplement: pt. 1 Acts of the Federal Legislature (No. 8 of 1958): The Revision of Laws Act, 1958
        A-134
        A-135
        A-136
        A-137
        A-138
        A-139
        A-140
        A-141
    Legal Supplement: pt. 1 Acts of the Federal Legislature (No. 9 of 1958): The Civil Establishment Act, 1958
        A-142
        A-143
        A-144
        A-145
        A-146
        A-147
Full Text






















THE WEST INDIES GAZETTE


Vol. 1 FRIDAY, 18th JULY, 1958 No. 36


LEGAL SUPPLEMENT


PART I-ACTS OF THE FEDERAL LEGISLATURE

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

TABLE OF CONTENTS
No. Page
4 of 1958 The Federal Supreme Court (British Guiana Appeals)
Act, 1958. 113
5 of 1958 The Council of State (Oaths) Act, 1958. 116
6 of 1958 The Evidence Act, 1958. 121
7 of 1958 The Federal Coat of Arms (Regulation) Act, 1958. 131
8 of 1958 The Revision of Laws Act, 1958. 134
9 of 1958 The Civil Establishment Act, 1958. 142






3 17

c<*- -i









113 The Federal Supreme Court (British Guiana Appeals) Act, 1958


THE WEST INDIES


ACT No. 4 of 1958


THE FEDERAL SUPREME COURT (BRITISH
GUIANA APPEALS) ACT, 1958

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







The Federal Supreme Court (British Guiana Appeals) Act, 1958 114


I ASSENT

HAILES,
IL.S.]
GOVERNOR-GENERAL

9th July, 1958.






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:-

1. This Act may be cited as The Federal Supreme hort tie
and corn-
Court (British Guiana Appeals) Act, 1958, and shall come mencement.
into operation on such day as the Governor-General shall by
proclamation appoint.

2. Part IV of The Federal Supreme Court Regu- FeIv of
lations, 1958 and the Schedule thereto (both of which relate Supreme
to appeals to Her Majesty in Council) shall apply to any court
Regulations,
determination of the Federal Supreme Court made in the el8applied
exercise of any jurisdiction to hear and determine appealsto appeals
from British
(including reserved questions of law and cases stated) from Guiana.
any superior court of the Colony of British Guiana that may No. 3 of
be conferred on the Federal Supreme Court by any law of the 1958s.
Legislature of that Colony.







115 The Federal Supreme Court (British Guiana Appeals) Act, 1958

Passed by the House of Representatives this 16th day
of June, 1958.

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


E. R. L. WARD,
Speaker.


Passed by the Senate this 25th day of June, 1958.


1). F. MAYERS,
Clerk of the Senate.








The Council of State (Oaths) Act, 1958 116


THE WEST INDIES


ACT No. 5 of 1958

THE COUNCIL OF STATE (OATHS) ACT, 1958.


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







117 The Council of State (Oaths) Act, 1958


T ASSENT

HAILES,
[L.S.]
GOVERNOR-GENERAL

9th July, 1958.







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
Council 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.

Persons 3. Every person who has been nominated by the
nominated
under Governor-General under and for the purpose of article 69
atie 69 Of the Constitution shall before attending any meeting of the
constitu- Council of State pursuant to the provision of that article,
tion to
take oath. make and subscribe before the Governor-General, or some







The Council of State (Oaths) Act, 1958


other person authorised in that behalf by the Governor-
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
the Council
of clerk to the Council of State shall before entering uponto take
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.
Affirmation
5. Every person required by this Act to make andif liu of"
subscribe an oath may in lieu of such oath make andoath.
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-
o tional pro-
Act to make an oath who has entered upon the functions ofvo apn.o
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
all 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







The Council of State (Oaths) Act, 1958


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-
ceedings 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.








The Council of State (Oaths) Act, 1958 120

Passed by the House of Representatives this 16th day
of June, 1958.

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


E. R. L. WARD,
Speaker.


Passed by the Senate this 25th day of June, 1958.


D. F. MAYERS,
Clerk of the Senate.








121 The Evidence Act, 1958


THE WEST INDIES

ACT No. 6 of 1958

THE EVIDENCE ACT, 1958.


ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Definitions "court", "superior court of a Territory".
3. Judicial notice of public seals.
4. Judicial notice of federal and territorial statutes.
5. Assent to Acts.
6. Judicial notice of signatures and seals.
7. Proof of statutory instruments made under a federal law.
8. Proof of other statutory instruments.
9. Evidence of approval, consent or consultation in making statutory
instruments.
10. Proof of public books and documents.
11. Proof of certain public documents.
12. Proof of debates and proceedings of Legislature.
13. Proof of official Gazettes.
14. Gazette to be evidence of contents thereof.
15. Proof of printing by Government Printer.
16. Proof of act done by Governor-General or Minister, and by Governor
or Minister of a Territory.
17. Proof of incorporation of company.
18. Proof of judicial proceedings.
19. No proof of handwriting required.
20. Punishment for forging or tendering in evidence documents admissible
under this Act.
21. This Act not to derogate from powers existing aliunde.







The Evidence Act, 1958


I ASSENT

HAILES,
[L.S.]
GOVERNOR-GENERAL

9th July, 1958.





An Act to provide for the recognition in all courts of
the Federation of the laws enacted by the Federal Legislature
and by the Legislatures of the Territories, and for the manner
in which certain documents, records and matters may be
proved in such courts, 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 Evidence Act, 1958. Short title.

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

2. (1) In this Act, unless the context otherwise requires, Definitions
the expression "court" shall include all federal courts, all-court
courts of the several Territories, all Judges, magistrates,
justices of the peace and all arbitrators under any law in
operation in the Federation or in a Territory, and all persons
authorised by any such law or by consent of parties to hear,
receive and examine evidence.

(2) References in this Act to the superior court of 'superior
court of a
a Territory shall be construed in accordance with the pro- Territory"
visions of paragraph (2) of article 116 of the Constitution.







123 The Evidence Act, 1958

Judicial 3. All courts shall take judicial notice of the
ublic seals. impression of the public seal of the Federation and of the
public seal (however styled) of any Territory without
evidence of the seal having been impressed or any other
evidence relating thereto.
Judicial 4. All courts shall take judicial notice of-
notice of
federal and
territorial (a) All Acts of the Federal Legislature,
statutes.
(b) all proclamations made by the Governor-
General under any Act or Imperial Act, and
(c) all laws enacted by the Legislature of each
Territory.
Assent to 5. All courts shall take judicial notice of the date
Acts. on which, in accordance with article 36 of the Constitution
the Governor-General has assented to an Act, or has signified
Her Majesty's assent thereto, and the date appearing on the
copy of an Act printed by the Government Printer, and
purporting to be the date on which the Governor-General
assented or signified Her Majesty's assent, shall in all courts
be evidence that such was the date on which the Governor-
General so assented or signified Her Majesty's assent.
Judicial 6. All courts shall take judicial notice of-
notice of
signatures (a) the signature of any person who holds or has
an seals. held the office of Governor-General, Chief
Justice of the Federation, President of the
Senate, Speaker of the House of Represen-
tatives, member of the Council of State,
Federal Secretary, Attorney General of The
West Indies, Federal Justice, Secretary
to the Governor-General, Clerk to the
Council of State, Registrar or deputy regis-
trar of the Federal Supreme Court, or any
office to which the Governor-General may by
order published in the Gazette, declare this
section to apply,

(b) the signature of any person who holds or has
held in any Territory the office of Governor,
Chief Secretary, Colonial Secretary, Attorney
General, Judge of a superior court of a







The Evidence Act, 1958 124

Territory, Administrator, Clerk of Executive
Council, Registrar or deputy registrar of such
a court, Registrar General, or any office to
which the Governor-General may by order
published in the Gazette, declare this section
to apply,
(c) the official seal of every such person or court,
and
(d) the fact that such person holds or has held
such office,
if the signature or seal purports to be attached or appended
to any judicial or official document.

7. Evidence of any statutory instrument may be Proo of
statutory
given in all courts:- instruments
made under
(i) by the production of a copy of the Gazette a federal
purporting to contain it; or law.
(ii) by the production of a document purporting
to be a copy thereof, and purporting to be
printed by the Government Printer, or by
the authority of the Government of the
Federation; or
(iii) by the production (in the case of a statutory
instrument made, given or issued by the
Governor-General) of a document purporting
to be certified by the Secretary to the
Governor-General or by the Clerk to the
Council of State as a true copy thereof or
extract therefrom; or
(iv) by the production (in the case of a statutory
instrument made, given or issued by or under
the authority of a Minister) of a document
purporting to be certified by the Minister as
a true copy thereof or extract therefrom.
8. (1) This section shall apply to any regulation, rule, Proof of
rule of court, bye-law, proclamation, order, instruction, other,
direction, appointment, warrant, licence, permit, notice or instruments.
other instrument made, given or issued under any Imperial
law or law of the Legislature of a Territory.






The Evidence Act, 1958


(2) Evidence of any instrument to which this section
applies may be given in all courts-
(a) in the case of an instrument made, given
or issued by the Governor-General, in any one
of the ways referred to in sub-paragraphs (i),
(ii) or (iii) of section 7 of this Act;
(b) in the case of an instrument made, given or
issued under a law of the Legislature of a
Territory-
(i) by the production of the official Gazette
of that Territory purporting to contain
it; or
(ii) by the production of a document pur-
ing to be a copy thereof, and purporting
to be printed by the Government
Printer of that Territory, or by the
authority of the Government of that
Territory; or
(iii) if made, given or issued by the Governor
or the Governor in Executive Council of
a Territory by the production of a copy
or extract purporting to be certified by
the clerk of the Executive Council of that
Territory as a true copy thereof or
extract therefrom;
(c) in the case of an instrument made, given or
issued under an Imperial law by the
Governor-General or a Governor of a Terri-
tory or by an officer or authority of the
Federation or of a Territory-
(i) by the production of the Gazette of The
West Indies or the official Gazette of
that Territory, as the case may be,
purporting to contain it; or
(ii) by the production of a document pur-
porting to be a copy thereof, and pur-
porting to be printed by the Government
Printer of the Federation, or by the
authority of the Government of the
Federation, or by the Government







The Evidence Act, 1958 126

Printer of that Territory or by the
authority of the Government of that
Territory, as the case may be.
(d) in the case of an instrument made, given or
issued under an Imperial law by an authority
other than those specified in paragraph (c)
of this subsection, by the production of the
Gazette of The West Indies or the official
Gazette of a Territory purporting to contain
it.
9. When by any Act it is provided that any statutory Evidence of
instrument may be made, given or issued or that any func- consent or
tion may be performed with the approval or consent of, or consultation
in making
after consultation with, some person or authority, a notifica- statutory
tion in the Gazette stating that such approval or consent has instruments.
been given or that such consultation has taken place shall
be evidence in all courts for all purposes of such approval,
consent or consultation.
10. Whenever any book or document is of such a Proof of
public
public nature as to be admissible in evidence on its mere books and
production from the proper custody and no law exists which documents.
renders its contents provable by means of a copy, any copy
thereof or extract therefrom shall be admissible in evidence
in all courts if-
(a) it is proved to be an examined copy or
extract; or
(b) it purports to be signed and certified as a
true copy or extract by the officer to whose
custody the original is entrusted, who if he
is an officer of a Territory, shall further cer-
tify that he is the officer to whose custody the
original is entrusted.
11. Whenever by the law for the time being in Proof of
operation in a Territory- certn
public
(a) any public document; or documents.
(b) any record required by law to be kept of any
public document or proceeding; or
(c) any certified copy of any public document or
bye-law or of any entry in any public
register or book,








127 The Evidence Act, 1958

is admissible in evidence for any purpose in that Territory,
it shall be admitted in evidence to the same extent and for
the same purpose in all courts if it purports to be sealed or
impressed with a stamp, or sealed and signed, or signed
alone, or impressed with a stamp and signed, as directed by
such law, without any proof of the seal or stamp, or of the
signature or of the official character of the person appearing
to have signed the same, and without any further proof
thereof, in every case in which the original document could
have been received in evidence.
Proof of 12. (1) All documents purporting to be copies of the
debates and
proceedings debates and the proceedings of either chamber of the Federal
of Legs- Legislature or of papers presented to either chamber, or of
lature.
the debates and proceedings of the Legislature of any Terri-
tory or of papers presented to that Legislature, if purporting
to be printed by the Government Printer of the Federation
or of the Territory, as the case may be, shall on their mere
production be admitted as evidence thereof in all courts.

(2) For the purposes of this section the expression
"Legislature of a Territory" shall in the case of a Territory
the Legislature whereof comprises two chambers, include
each of those chambers separately.
Proof of 13. The mere production of a paper purporting to be
official
Gazettes. the Gazette of The West Indies or the official Gazette of
a Territory shall in all courts be evidence that such paper
is such Gazette and was published on the day on which it
bears date.
Gazette to 14. (1) A copy of the Gazette of The West Indies
be evidence
of contents admissible under the provisions of this Act shall in all courts
thereof, be evidence of the matters therein contained which are
authorised or required by or under any Act to be published
in or with the Gazette.

(2) Where under the law for the time being in
operation in a Territory a copy of the official Gazette of that
Territory is evidence in the courts of that Territory of
matters contained therein, a copy of that Gazette shall in
all courts be evidence to the same extent of such matters.







The Evidence Act, 1958


15. The mere production of a paper purporting to be Proof of
printed by the Government Printer of the Federation or of printn
a Territory or by the authority of the Government of the Printer.
Federation or the Government of a Territory shall in all
courts be evidence that such paper was printed by such
Government Printer or by such authority.

16. (1) Where by any law at any time in operation the Proof of act
Governor-General or a Minister is authorised or empowered dGover r-
to do any act, production of the Gazette purporting to contain General or
a copy or notification of any such act shall in all courts be Minister,
evidence of the act having been duly done.

(2) Where by any law at any time in operation the and by
Governor of a Territory or a Minister in respect of the Goernor or
government of a Territory is authorised or empowered to do a Territory.
any act, production of the official Gazette of that Territory
purporting to contain a copy or notification of any such act
shall in all courts be evidence of such act having been duly
done.

17. (1) All courts shall admit as evidence of the incor- Proof of
portion of a company incorporated or registered in any ncorpora-
tion of
Territory a certificate of the incorporation or registration company.
thereof which purports to be signed by the Registrar or an
Assistant Registrar or deputy registrar of companies in
that Territory, and the date of incorporation or registration
mentioned in such certificate shall be evidence of the date
on which the company was incorporated or registered.

(2) Any copy of or extract from any document kept
and registered at the office for the registration of companies
in any Territory, if certified under the hand of the Registrar
or an Assistant Registrar or deputy registrar, shall in all
courts be admissible in evidence in all cases in which the
original document is admissible in evidence and for the same
purposes and to the same extent.

18. Evidence of any judicial proceeding of any federal Proof of
court, any court of the several Territories, any Judgejudicial
proceedings.
magistrate or justice of the peace, including any affidavit,
pleading, or other legal document filed or deposited in such
court, may be given in all courts by the production of a docu-
ment purporting to be a copy thereof, and








129 The Evidence Act, 1958

(a) proved to be an examined copy thereof; or

(b) purporting to be sealed with the seal of the
court; or

(c) purporting to be certified as a true copy by
the Registrar or deputy registrar of the court;
or

(d) purporting to be signed by a judge of such
court with a statement in writing attached by
him to his signature that such court has no seal
and without proof of his judicial character or
of the truth of such statement.

No proof of 19. Where under this Act a document is declared to
required. be admissible if it purports to be signed by any person as
the holder of any office, either as the person making or
issuing the document, or certifying a true copy thereof or
extract therefrom, the mere production of such document
shall be evidence that the signature is the signature of such
person and that when he signed it he was the holder of such
office.
Punish- 20. Any person who-
ment for
forging or
tendering (a) prints any copy of any of the following docu-
cn evidence ments that is to say-
documents
admissible
under this (i) the Gazette of The West Indies or the
Act. official Gazette of a Territory,

(ii) an Act or a law of the Legislature of a
Territory,

(iii) any statutory instrument (including an
instrument to which section 8 applies),

which falsely purports to have been printed
by the Government Printer of the Federation
or of a Territory, as the case may be, or under
the authority of the Government of the
Federation or the Government of a Territory,
as the case may be, or tenders in evidence any
such copy knowing that it was not so printed;
or








The Evidence Act, 1958 130

(b) forges or tenders in evidence, knowing the
same to have been forged, any certificate by
this Act authorised to be annexed to a copy
or extract from any such document; or

(c) forges or tenders in evidence, knowing it to
be forged, any document which is made
evidence by or under any Act for the time
being in operation,

shall be guilty of a felony and on conviction thereof shall be
liable to imprisonment for seven years.

21. The provisions of this Act shall be in addition to This Act
and not in derogation of any powers existing at common law, not to
derogate
or given by any law from time to time in operation in anyfrom powers
Territory. existing
aliunde.

Passed by the House of Representatives this 17th day
of June, 1958.

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

E. R. L. WARD,
Speaker.

Passed by the Senate this 25th day of June, 1958.

D. F. LAYERS,
Clerk of the Senate.








131 The Federal Coat of Arms (Regulation) Act, 1958


THE WEST INDIES

ACT No. 7 of 1958

THE FEDERAL COAT OF ARMS
(REGULATION) ACT, 1958.

ARRANGEMENT OF SECTIONS

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








The Federal Coat of Arms (Regulation) Act, 1958 132


I ASSENT

L..] AILES,
1L.S.]
GOVERNOR-GENERAL

9th July, 1958.






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:-

1. (1) This Act may be cited as the Federal Coat of Shrttitle
Arms (Regulation) Act, 1958. application.
(2) This Act shall apply to the Cayman Islands and
the Turks and Caicos Islands.
2. Subject as hereinafter provided, any person who, estrictins
otherwise than in accordance with the terms of a licence the coatof
granted by the Governor-General, uses or displays- is of the
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 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:







133 The Federal Coat of Arms (Regulation) Act, 1958

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.
Licenses 3. (1) Any licence issued by the Governor-General under
subject to the provisions of this Act may contain such terms and
terms ad conditions as to the Governor-General may seem fit and
may at any time be revoked, amended or altered by the
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.
Penalty. 4. Any person guilty of an offence against this Act
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.
Passed by the House of Representatives this 24th day
of June, 1958.
G. E. L. LAFOREST,
Clerk, House of Representatives.
E. R. L. WARD,
Speaker.
Passed by the Senate this 26th day of June, 1958.
D. F. MAYERS,
Clerk of the Senate.








The Revision of Laws Act, 1958 134


THE WEST INDIES

ACT No. 8 of 1958

THE REVISION OF LAWS ACT, 1958.

ARRANGEMENT OF SECTIONS
Section
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.







The Revision of Laws Act, 1958


I ASSENT

HAILES,

GOVERNOR-GENERAL


9th July, 1958.


The West


An Act to provide for the revision of the laws of
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
Act, 1958.

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

2. In this Act unless the context otherwise
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


IL.S.]


Short title
and appli-
cation.


Interpre-
tation.







The Revision of Laws Act, 1958 136

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).

3. The Governor-General shall by instrument in Appoint-
lneut of
writing under his hand appoint a Commissioner for the pur- co,,nis-
poses of this Act, to be known as the "Statute Law"sioer.
Commissioner".

4. It shall be the duty of the Commissioner to causeDuty of
Colnimis-
to be prepared, maintained and published an edition of thesi'one to
laws of The West Indies in accordance with the provisionsrevise laws.
of this Act, which edition shall be known for all purposes as
the "Laws of The West Indies."

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

(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.

6. (1) It shall be lawful for the Governor-General by nnclusionin
order to authorise the inclusion in the Laws of The West remove
Indies of each page to be comprised therein. pages from
the Laws to
be autlio-
(2) Any order made under this section may authoriseriseh by
Governor-
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







The Revision of Laws Act, 1958


(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.

Validity of 7. Subject to the provisions of section 10 and section
Lawsof
The West 13 of this Act, the pages of the Laws of The West Indies
Indies. shall from the date of the order or orders by which they
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.

contents of 8. The Laws of The West Indies shall subject to
Laws of
The est the provisions of this Act contain-
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;
(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 Revision of Laws Act, 1958 138

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.

9. It shall not be necessary for the Commissioner to Power to
mit cer-
include in the Laws of The West Indies any appropriation Act o it 1,s
or any loan Act or loan guarantee Act which is of a temporary Laws
nature or which is under revision or any law the carrying into west
effect of whose provisions is doubtful. Indies.

10 No law omitted, under the authority of this Act alidityof
or otherwise, from the Laws of The West Indies shall beftet by
deemed to be without force and validity by reason only of Sonssion
from the
the fact that it is so omitted. Laws.

11. (1) As soon as practicable after the 31st day of Laws of
December of the year 1958 and thereafter of each succeeding Indies to
year it shall be the duty of the Commissioner to prepare in be prepared
accordance with the provisions of this Act the necessaryDec mber,
pages for inclusion in the Laws of The West Indies so that1958 and
it may contain all the laws which are required or authorized anrenua
by the provisions of this Act to be included therein and are kept up to
in force on that date. 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;
(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
Commis-
the Commissioner shall have the following powers, that issioner.
to say-


(1) to omit-







139 The Revision of Laws Act, 1958

(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.

(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 pari 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;







SThe Revision of Laws Act, 1958 "140

(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;

(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
WVest Indies.








The Revision of Laws Act, 1958'


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

Construe- 14. Where in any Act or statutory instrument refer-
tion of
references ence is made to any law the provisions of which have been
to laws by virtue of this Act embodied in the Laws of The West
embodied
in Law of Indies such reference shall where necessary and practicable
The West be deemed to extend and apply to the corresponding provi-
Indies. sions in the Laws of The West Indies, and all cross-references
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.

Expenses. 15. The expenses of and incidental to the carrying
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.

Passed by the House of Representatives this 24th day
of June, 1958.

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

E. R. L. WARD.
Speaker.

Passed by the Senate this 26th day of June, 1938.

D. F. MAYERS.
Clerk of the Senate.








The Civil Establishment Act, 1958 142


THE WEST INDIES


ACT No. 9 of 1958

THE CIVIL ESTABLISHMENT ACT, 1958.


ARRANGEMENT OF SECTIONS

Section
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. hInrements-Special cases.
6. officerss on secondment.
7. Savings.
8. Emoluments, etc., payable out of public funds of Federation.







The Civil Establishment Act, 1958


I ASSENT

HAILES,
IL.S.]
GOVERNOR-GENERAL

9th July, 1958.





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 This Act may be cited as the Civil Establishment
Act, 1958.
Commence- 2. This Act shall come into operation on such day as.
nent. 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;
"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-







The Civil Establishment Act, 1958


section (6) of section 2 of the West Indies I. 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 C'onmlission
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,
committee or other similar body (whether in-
corporated or not) established by a law of the
Federal Legislature.
Governor-
4. (1) The power of the Governor-General to constitute Genera1
or abolish offices in the public service of the Federation shall may make
be exercised by order. si t -
offices.
(2) It shall be lawful for the Governor-General from determining
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
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
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,






The Civil Establishment Act, 1958


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
provisional
until 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
Legislatureof each chamber.

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 ip-
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 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.








The Civil Establishment Act, 1958


(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 Savings.
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.
t th; 'et,., payable
order made under this Act are hereby appropriated out of the u'o opubli
public funds of the Federation and shall be paid therefrom on funds of
the warrant of the Governor-General.eratio

Passed by the House of Representatives this 16th day
of June, 1958.
G. E. L. LAFOREST,
Clerk, House of Representatives.

E. R. L. WARD,
Speaker.

Passed by the Senate this 25th day of June, 1958.

D. F. MAYERS,
Clerk of the Senate.


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


_~


_




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