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Group Title: West Indies gazette
Title: The West Indies gazette
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Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00075
 Material Information
Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
Publisher: Govt. Print. Off.
Place of Publication: Port of Spain Trinidad
Publication Date: March 13, 1959
 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: VID00075
Source Institution: University of Florida
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Resource Identifier: ltuf - ABV7930
oclc - 01646171
alephbibnum - 000328383

Table of Contents
    Main
        Page 1
        Page 2
    Legal Supplement
        B-301
    Legal Supplement: pt. 2 Statutory Instruments (No. 8 of 1959): The Federal Supreme Court (Appeals from British Guiana) Rules, 1959
        B-302
        B-303
        B-304
        B-305
        B-306
        B-307
        B-308
        B-309
        B-310
        B-311
        B-312
        B-313
        B-314
        B-315
        B-316
        B-317
        B-318
        B-319
        B-320
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        B-327
        B-328
        B-329
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        B-331
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        B-336
        B-337
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        B-339
        B-340
        B-341
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Full Text












The West Indies Gazette


VOL. 2 FRIDAY, 13TH MARCH, 1959 No. 1A

GAZETTE NOTICE
No. SUBJECT MATTER PAGE
34 Licence under Federal Coat of Arms (Regulation)
Act, 1958 ... ... ... ... ... 27


LEGAL SUPPLEMENT
PART II-STATUTORY INSTRUMENTS
No. PAGE
8 of 1959 The Federal Supreme Court (Appeals
from British Guiana) Rules, 1959 302

34
LICENCE UNDER FEDERAL COAT OF ARMS (REGULATION) ACT, 1958

IT is hereby notified for general information that His Excellency the Governor-General has been pleased to grant
a licence under the Federal Coat of Arms (Regulation) Act, 1958 to The West Indies Olympic Association
authorising the use and display of the Coat of Arms of the Federation in the manner and subject to the terms
and conditions specified in the licence.


GOVERNMENT PaRINmo OFICE, TammAD, W.I.-1959




























THE WEST INDIES GAZETTE


Vol. 2 FRIDAY, 13th MARCH, 1959 No. 14


LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS

TABLE OF CONTENTS
No.: Page
8 of 1959 The Federal Supreme Court (Appeals from
British Guiana) Rules. 1959 302









302 Federal Supreme Court (Appeals from British Guiana) Rules, 1959


THE WEST INDIES


STATUTORY INSTRUMENT No. 8 OF 1959.

THE FEDERAL SUPREME COURT (APPEALS FROM BRITISH
GUIANA) RULES, 1959.

Made by the Chief Justice of The West Indies and twc Judges
of the Federal Supreme Court by virtue of the powers conferred upon
them by Section 7 of the British Guiana (Appeals) Order in Council,
1957, and of all other powers enabling them in that behalf.

TABLE OF CONTENTS

ORDER I

PRELIMINARY
Rule
1. Short title and commencement.
Application.
Definitions
2. Definitions.
Interpretation Regulations.

Appeals Generally
3. Forms in Appendices A and C to be used.
4. Times of sittings and vacation.
5. Notice of sittings.
6. Right of audience.
7. Register of appeals brought.
8. Enlargement of time and departure from Rules.
9. Service of documents.

Waiver for non-compliance
10. Waiver for non-compliance with Rules.

Oaths
11. Administration of oaths.

Practice and Procedure
12. Practice and procedure in the absence of special provision.








Federal Supreme Court (Appeals from British Guiana) Rules, 1959 303

ORDER II

CIVIL APPEALS

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

The Record
8. Settling record of appeal.
9. Evidence.
10. Copies of proceedings in Court below.
11. Printing or typing of record.
12. Copy of list of exhibits.
13. Entering appeal.
Transmission of the record.

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

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

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

Fees and Costs
29. Court fees.
Government of British Guiana exempt from payment of fees.
30. Legal Practitioners' fees.
31. Fees not chargeable under rules 29 and 30.








304 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

32. Taxation of costs.
Notice of taxation.
Objections to taxation.
Review of taxation by Taxing Officer.

ORDER III

APPEALS AGAINST CONVICTION ON INDICTMENT

Institution of Appeals
1. Obligation on appellant to fill up forms of appeal notices and answer
questions thereon.
2. Judge's certificate under section 15 (c) of the Ordinance.
3. Notices to be signed by appellant.
Signature on notices of appeal and other notices.
Service of documents on person in prison.
Where appellant unable to write.
Where question of insanity involved.
Notice, etc. on behalf of corporations.

4. Time for appealing against conviction to run from verdict.
5. Time for appealing against sentence to run from pronouncement
of sentence.
6. Notice of application for extension of time for appealing.

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

Judge's Report
9. Report of Judge of Court below.
10. Furnishing Judge of Court below with materials for report.

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









Federal Supreme Court (Appeals from British Guiana) Rules, 1959 305

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

Legal Aid to Appellants
13. List of counsel and solicitors for purposes of the Ordinance.
Legal aid to be provided from such lists.

Proceedings before a single Judge
14. Procedure on decision of application to single Judge.
Application not specially provided for, how made.
Solicitor's right of audience.
15. Notice of application for leave to appeal deemed to be notice of
appeal if application granted.

Suspension of Orders and Admission to Bail
16. Persons in custody in default of payment of fine.
Power of Court of trial to impose recognizances.
Appellant committing breach of recognizances.
Repayment of fine on success of appeal.
17. Temporary suspension of orders made on conviction as to money,
awards, costs, etc.
Suspension of disqualifications consequent on conviction.
Judge's directions as to property of convicted person pending
appeal.
Judge's directions as to securing payment of money by convicted
person pending appeal.
Suspension of order of destruction or forfeiture of property.
Suspension of proceedings or claims consequent on conviction
Period of suspension of orders under section 18 of Ordinance.
Person affected may appear.

Procedure on application for Bail. Right
of Sureties. Estreat of Recognisances
18. Appellant and surety's recognizances before whom to be taken.
Appellant and prison officer to receive notice of terms of bail.
Form of recognizances.
Registrar on receiving recognizances in due form to notify officer
of prison to release appellant.
Presence of appellant on bail at hearing of his appeal.








306 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

Warrant for apprehension of appellant on bail.
Varying order for bail.
Power to revoke order for bail.
Provisions for sureties discharging their obligations.
How appellant on bail to be dealt with on arrest at instance of
sureties.
Arrest and commitment of appellant to be notified to Registrar
by clerk.
Officer in charge of prison on commitment of appellant to notify
Registrar.

Abandonment of Appeal

19. Abandonment of Appeal.

Determination of Appeal
20. Varying order of restitution of property.
21. Judgments of the Court.
22. Notification of final determination of appeals.
Notification of appeals in capital cases.
23. Notification of result of appeal.
Entry of decision of Court on Records.
24. Restrictions on issue of certificate of conviction.
25. Return of original depositions, etc.

Procedure as to Witnesses before Court
and their examination before Examiner


26. Attendance of witness before the Court.
Application to Court to hear witnesses.
Order appointing examiner.
Furnishing examiner with exhibits, etc., necessary
Notification of date of examination.
Evidence to be taken on oath.
Deposition of witness, how to be taken.
Expenses of witnesses before examiner.
Presence of parties at examination of witnesses.
27. Proceedings on reference.


for examination.


Case stated under Section 30 of the Ordinance
28. Judge to forward special case to Registrar and copies to be supplied
to appellant and respondent.
These Rules to apply to convicted persons where case stated under
section 30 of the Ordinance.
Application of following rule to section 30 of the Ordinance.









Federal Supreme Court (Appeals from British Guiana) Rules, 1959 307

Duties of Registrar
29. Duties of Registrar with respect to notices of appeal, etc.
30. Custody of exhibits pending determination of appeal.
ORDER IV
APPEALS FROM FULL COURT'S ORDER ON APPEAL
FROM INFERIOR COURTS
1. Institution of appeals under section 33 of the Ordinance.
2. Certificate of Registrar of Full Court granting leave to appeal.
3. Ascertainment of date of order of Full Court.
4. Time limit for appealing.
5. Notice of application for extension of time for appealing.
6. Signature and service of notices.
7. Record of appeal.
8. Application of Rules 11, 13, 14, of Order III.
9. Presence of appellant at proceedings in the Court.
10. Notification of application if granted.
11. Bail.
12. Temporary suspension of orders.
13. Varying order of restitution of property.
14. Application of Rules 19, 22, (1), 23, 25, 26, and 27 of Order III.

ORDER V
APPEALS TO PRIVY COUNCIL
1. Application to vary order of single Judge made under regulation
54 of the Federal Supreme Court Regulations, 1958.
APPENDIX A
Civil Forms.

APPENDIX B
PART I
Fees of Court in Civil Appeals.
To be paid to the Deputy Registrar of the Federal Supreme Court
under Order II, rule 29.
PART II
Fees payable to Court from which appeal is brought under Order II,
rule 29.
PART III
Legal Practitioners' Fees in Civil Appeals.
Schedule of Allowances.
PART IV
Witnesses' Interpreters', Special Commissioners' and Examiners'
Fees.
APPENDIX C
Criminal Forms.








Federal Supreme Court (Appeals from British Guiana) Rules,
308 1959-0.1.

The Chief Justice of The West Indies and two other Judges
of the Federal Supreme Court selected by him in exercise of the powers
conferred upon them by Section 7 of the British Guiana (Appeals) Order
in Council, 1957, and of all other powers enabling them in that behalf,
hereby make the following Rules:-

ORDER I
PRELIMINARY
Short title 1. (1) The following Rules may be cited as "The Federal Supreme
an4 com- Court (Appeals from British Guiana) Rules, 1959"; they shall come into
mence- operation on the first day of April, 1959.
ment.
Applica- (2) These Rules shall apply to appeals to the Federal Supreme
tion. Court from the Supreme Court of British Guiana by virtue of the juris-
diction conferred on the Federal Supreme Court by the Federal Supreme
Court (Appeals) Ordinance, 1958, enacted by the Legislature of British
Guiana.

Definitions
Defini-- 2. (1) In these Rules unless it is expressly provided to the contrary
tions. or the context otherwise requires-

"appellant" means the party appealing from a judgment, con-
viction, sentence or order and includes his legal representa-
tive;
"Attorney-General" means the Attorney General of British
Guiana;
"Chief Justice" means the Chief Justice of the West Indies;
"Court" means the Federal Supreme Court of the West Indies;
"Court below" means the court from which the appeal is
brought;
"Deputy-Registrar" means any person appointed as such
under the Constitution of the West Indies;
"existing" means existing immediately before the commence-
ment of these Rules;
"file" means file in a Registry, and "filed" and "filing" have
corresponding meanings;
"Full Court" means the Full Court of the Supreme Court of
British Guiana;
"Government Gazette" means the Gazette published by the
authority of the Government of British Guiana and includes
any supplement thereto and any Gazette Extraordinary so
published;
"Judge" includes the presiding officer of any Court from
which an appeal lies to the Court;
"legal representative" means any barrister or solicitor
admitted to practise as such in any part of British Guiana
whether or not he has the right of audience in the Court;









Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. 309

"magistrate" includes every person exercising jurisdiction,
whether full or limited, in a court of summary jurisdiction;
"order" includes decree, judgment, sentence or decision of a
court below or a judge thereof;
"the Ordinance" means the Federal Supreme Court (Appeals)
Ordinance, 1958, enacted by the Legislature of British
Guiana;
"party" means any party to the appeal and includes his legal
representative;
"Prison Authority" means the head or person in charge of
Her Majesty's Prisons in British Guiana and includes his
deputy or other officer discharging his duties;
"proper officer of the Court below" means the Registrar of
the court from whose order the appeal is brought;
"record" means the aggregate of papers relating to an appeal
(including the pleadings, proceedings, evidence and judg-
ments) and required by these Rules to be filed or laid before
the Court on the hearing of the appeal;
"Registrar" means the Registrar of the Federal Supreme Court
and includes a Deputy Registrar or other officer for the time
being discharging the duties of the Registrar or Deputy
Registrar;
"respondent" (a) in a civil appeal means any party (other
than the appellant) directly affected by
the appeal:
(b) in a criminal appeal where the Crown is
not an appellant, means the person who
under the provisions of the Ordinance has
the duty of appearing for the Crown or
who undertakes the defence of the appeal.

(2) (a) The expressions interpreted in article 116 of the Consti-
tution of the West Indies shall have the same meaning when used in
these Rules.

(b) The Interpretation Regulations, 1958, made under section Interpre-
2 of the West Indies (Federation) Order in Council, 1957, shall apply station
to the interpretation of these Rules as they apply to the interpretation Regula-
of an Act as defined in those Regulations. ton.

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

4. (1) Sittings of the Court shall be held at such times as the Chief Times of
Justice may direct; subject to such directions, sittings (to be known as sittings
and vaca-
"general sittings") shall be held for the disposal of the appeals pending tion.
from British Guiana four times a year as follows:-









Federal Supreme Court (Appeals from British Guiana) Rules,
310 1959-0.1.

1st October to 21st December;
11th January to 31st March;
1st April to 31st May
7th June to 31st July.

(2) (a) The Court will be in vacation during the period between
the ending of one general sitting and the commencement of another and
between the Wednesday before and the Tuesday after Easter.
(b) The Court will not sit on Sundays and will not sit in
British Guiana on days that are public holidays, and on such other days
as the Chief Justice may direct.

Notice of 5. (1) Notice of each general sitting shall be published by the Regis-
sitings. trar of the Court in the Governmnent Gazette at least two weeks before
the date appointed for the commencement of the sitting; and, in the case
of other sittings (to be known as "special sittings"), a similar notice
shall be so published at least one week before the date appointed for
the commencement of the sitting.
(2) The Deputy Registrar shall on the publication of the said
notices in the Gazette post up on the notice board of the Court the cause
list of the sittings;
Provided that the Court may in its discretion hear any appeal
and deal with any other matter whether or not the same has been
included in such cause list so published.

(3) This rule shall not apply to the hearing of any matter by a
single judge.

Right of 6. In all proceedings before the Court, the parties may appear
audience. in person or be represented on appeal by any person who has been called
to the English, Irish or Scottish Bar to practise as a Barrister and has
the right of audience before the Supreme Court of the Colony of British
Guiana.

Register of 7. (1) The Registrar and the Deputy-Registrar shall keep separate
appeals registers of all civil and criminal appeals brought before the Court in-
brought.
eluding in the criminal appeal register notices of application for leave
to appeal.

(2) Each register shall contain particulars of the date on which-
(a) the notice of appeal or of application for leave to appeal
was lodged;
(b) any interlocutory order was made;
(c) the record of the appeal was received;
(d) the appeal was heard;
(e) judgment was delivered.









Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. I.


8. Subject to the provisions of Section 22(2) of the Ordinance Enlarge-
(relating to the time within which .an appeal may be brought in a ment of
capital case to the Court), and to Order II, 3(3) of these Rules, the time and
Court may enlarge the time prescribed by these Rules for the doing of departure
anything to which these Rules apply, or may direct a departure from Rules.
these Rules in any other way where this is required in the interests of
justice.

9. Subject to any provision contained in these Rules relating Service of
to the service of any particular document- documents.
(1) Service of the documents mentioned in the first column
hereunder shall be served by leaving a true copy thereof in the manner
specified in the second column:-


First Columnn
(a) All documents required to be
served-
(i) on parties to an action
who have not filed an
address for service; and
(ii) on a person not a party
to the appeal.
(b) All documents required to be
served on parties who have
an address for service.


Second Column
by personal service on the party
or his authorised agent, or on the
person not a party.
by leaving the document at the
address for service with a person
resident at or belonging to such
place; or by registered post to
such address, in which case, the
time of service thereon shall be
the time such document would be
delivered in the ordinary course
of post.


(2) If it be made to appear to a judge of the Court below upon
application supported by affidavit that prompt personal service of a
document cannot be effected he may make such order for substituted
service by advertisement or otherwise as may be just.

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

Oaths
11. (1) The form of an oath shall be the same, as nearly as may be, Adminis-
Stration of
as that which is used in the Supreme Court of British Guiana. Oaths.








Federal Supreme Court (Appeals from British Guiana) Rules,
312 1959-0. II.

(2) Any person who, by the law in operation in British Guiana,
is entitled to make an affirmation instead of taking an oath, may do so
in any cause or matter in the Court and shall do so in the form prescribed
by that law before any person authorised by or under the Ordinance
to administer oaths.

Practice and Procedure
Practice and 12. In matters of practice and procedure where no special
procedure provision is contained in any act of the Legislature of the West Indies
in the or rules of court made under the British Guiana (Appeals) Order in
special pro- Coucil, 1957, the jurisdiction of the Court conferred upon it by virtue
vision, of this Order and of the Ordinance shall be exercised as nearly as may
be in conformity with the law and practice for the time being in force
in England-
(a) in relation to criminal matters in the Court of Criminal
Appeal; and
(b) in relation to civil matters in the Court of Appeal.

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

(2) If the grounds of appeal allege misdirection or error in law
particulars of the misdirection or error shall be clearly stated.

(3) The grounds of appeal shall set out concisely and under
distinct heads the grounds upon which the appellant intends to rely
at the hearing of the appeal without any argument or narrative and
shall be numbered consecutively.

(4) No ground which is vague or general in terms or which
discloses no reasonable ground of appeal shall be permitted, save
the general ground that the judgment is against the weight
of the evidence, and any ground of appeal or any part thereof which
is not permitted under this rule may be struck out by the Court of its
own motion or on application by the respondent.

(5) The appellant shall not without the leave of the Court urge
or be heard in support of any ground of objection not mentioned in the
notice of appeal, but the Court may in its discretion allow the appellant








Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. II. 313

to amend the grounds of appeal upon payment of the fees prescribed
for making such amendment and upon such terms as the Court may
deem just.

(6) Notwithstanding the foregoing provisions the Court in
deciding the appeal shall not be confined to the grounds set forth by
the appellant:

Provided that the Court shall not rest its decision on any ground
not set forth by the appellant unless the respondent has had
sufficient opportunity of contesting the case on that ground.

(7) The Deputy-Registrar shall send one copy of the notice of
appeal to the Registrar and the other copy to the Registrar of the Court
below.
Appeal by
2. (1) Where an appeal lies by leave only any person desiring toleave only.
appeal shall apply to the Court by notice of motion for leave within rivil
fourteen days from the date of the decision against which leave to
appeal is sought.

(2) If leave is granted the appellant shall file a notice of appeal
as provided by rule 1 of this Order within fourteen days from the
grant of leave and a copy of such order shall be annexed to the notice
of appeal.
Time
3. (1) Subject to the provisions of the preceding rule and of this limits
rule, no appeal shall be brought after the expiration of six weeks from for appeal-
the date of judgment delivered or order made, against which the appeal iag.
is brought, provided that in the case of an appeal-

(a) against an interlocutor order or judgment the period
shall be fourteen days; and

(b) against an order or judgment madr in the matter of the
winding up of a company, or in a matter of any
bankruptcy, the period shall be twenty-one days.
(2) An appeal shall be deemed to have been brought when the
notice of appeal has been filed with the Deputy-Registrar.

(3) No application to a single judge for enlargement of time in Extension
which to appeal shall be made after the expiration of one month from of time for
the expiration of the time prescribed within which an appeal may be appealing.
brought. Every such application shall be made by summons supported
by an affidavit setting forth good and substantial reasons for the
application and by grounds of appeal which prima facie show good cause
for leave to be granted:

Provided that in exceptional circumstances the Court having
power to hear and determine an appeal may extend the time within
which an appeal may be brought beyond the period delimited for
application to a single judge under this rule.








Federal Supreme Court (Appeals from British Guiana) Rules,
314 1959-0. I.

(4) When time is so enlarged a copy of the order granting such
enlargement shall be annexed to the notice of appeal.

Service of 4. (1) A true copy of the notice of appeal shall be served upon all
notice of parties directly affected by the appeal and it shall not be necessary to
appeal. serve any party not so affected; but the Court may direct notice of
appeal to be served on all or any parties to the action or other proceed-
ing, or upon any person not a party and in the meantime may postpone
or adjourn the hearing of the appeal upon such terms as may be just,
and may give such judgment and make such order as might have been
given or made if the persons served with such notice had been
originally parties.

(2) A true copy of the notice shall be served upon the respondent
within seven days after the original notice has been filed.

Notice by 5. (1) It shall not, under any circumstances, be necessary for a
respondent respondent to give notice of motion by way of cross-appeal, but if a
of conten- respondent intends, upon the hearing of an appeal, to contend that the
tion that decision of the Court below should be varied, he shall within fourteen
judgement
should me days after service of the notice of appeal, or within such time as may
varied, be prescribed by special order made on application, give written notice
Civil of such intention to any parties who may be affected by such contention,
Form 3. and in such notice shall clearly state the reason on which he intends to
rely, and within the same period he shall file a copy of such notice with
the Deputy-Registrar.

(2) A copy of such notice shall be included in the record but if
the record has already been filed, the prescribed number of copies shall
be prepared forthwith and left with the Deputy-Registrar by the
appellant for transmission to the Judges and the Registrar.

(3) The omission to give notice shall not diminish the powers
conferred by the Ordinance upon the Court but may, in the discretion
of the Court be a ground for an adjournment of the appeal, or for any
special order as to costs.

Amend- 6. (1) A notice of appeal or respondent's notice may be amended-
ment of (a) by or with the leave of the Court, at any time;
notice of (b) without such leave, by, supplementary notice served,
respon- before the date on which the appeal appears in the cause
dent's list published in accordance with Order I, rule 5 upon
notice, each of the parties upon whom the notice to be amended
was served.

(2) A party by whom a supplementary notice is served under this
rule shall, within two days after service of the notice, furnish two
copies of the notice to the proper officer of the Court below as defined
by Order I rule 2(1).

Notice of 7. (1) A respondent intending to rely upon a preliminary objection
prelimin- to the hearing of the appeal shall give the appellant three clear days'









Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. II. 315

notice thereof before the hearing setting out the grounds of objection ary objee-
and shall file such notice together with four copies thereof with the tion to be
Registrar within the same time. fed.
Civil
(2) If the respondent fails to comply with this rule the Court Form 4.
may refuse to entertain the objection or may adjourn the hearing thereof
at the cost of the respondent or may make such other order as it thinks
fit.
The Record
8. (1) The Registrar of the Court below shall upon an appeal being Settling
brought summon the parties before him to settle the documents, (which record of
expression shall include any other matter which may form part of a appeal
record) to be included in the record and shall, whether any of the Form 5.
parties attend the appointment or not, settle and sign and in due course
file a list of such documents.
(2) The said Registrar, as well as the parties, shall endeavour
to exclude from the record all documents (more particularly such as
are merely formal) that are not relevant to the subject matter of the
appeal and generally to reduce the bulk of the record as far as
practicable, taking special care to avoid duplication of documents and
unnecessary repetition of headings and other merely formal parts of
documents; but the documents omitted to be copied shall be enumerated
in a list at the end of the record.
(3) If the said Registrar or any party objects to the inclusion
of a document on the ground that it is unnecessary or irrelevant and
the other party nevertheless insists upon its being included, the docu-
ment shall be included and the record shall, with a view to the
subsequent adjustment of the costs of and incidental to the inclusion of
such document, indicate in the index of papers or otherwise the fact
that, and the party by whom, the inclusion of the document was
objected.

9. When any question of fact is involved in an appeal, the Evidence.
evidence taken in the Court below bearing on such question shall, subject
to any special order of the Court, be brought before the Court as
follows:-
(a) as to any evidence taken by affidavit, by the production
of office copies of such affidavit;
(b) as to evidence taken orally, by the production of a copy
of the Judge's notes certified by the Registrar of the
Court below, or a transcript of the evidence taken by a
shorthand writer and certified by him, or such other
materials as the Court may deem expedient.

10. (1) Where any notes of proceedings whether in shorthand or long Copies of
hand have been taken by a person employed by any court or taken'by proceed-
the Judge of the Court below, copies of such parts of these notes as ings in
are required for the record of appeal shall be supplied by the Registrar Court
of the Court below on payment of the fees prescribed in Part II of
Appendix B.









Federal Supreme Court (Appeals from British Guiana) Rules,
316 1959-0.11.

(2) If no written decision is given by the Judge at the time of
giving judgment such Judge shall communicate his reasons for the
judgment in writing to the Registrar of the Court below and such reasons
shall be included in the record.

(3) On hearing of an appeal the Court shall have power, if the
notes of the Judge of the Court below or a transcript of the evidence
are not produced, or if there are no such notes or transcript, to hear and
determine such appeal upon any other evidence or statement of what
occurred before such Judge which the Court may deem sufficient.

Printing 11. (1) Every document or paper required by these Rules to be
or typing filed or left with the Registrar shall be legibly printed, cyclostyled or
of record. typewritten with black ink (excluding carbon copies) upon strong
white foolscap paper of good quality with an inner margin of not less
than two inches and an outer margin of about half-an-inch, and a space
of not less than three-eights of an inch shall be left between every two
lines.

(2) There shall be an index to the record and every page thereof
shall be numbered consecutively, and every tenth line on a page shall be
numbered in the margin. ('orrespondence and exhibits shall be
arranged together at the end of the record.

(3) The Registrar may refuse to file or receive any document
not strictly conforming to the requirements of paragraph (1) of this
rule and the Court may disallow the costs of any such document which
has been filed or received by the Registrar.

Copy of 12. (1) Any party may apply for and, on payment of the prescribed
list of fee, obtain in office copy of the exhibits for the purpose of an appeal
exhibits.
to the Court or otherwise.

(2) All original documents tendered in evidence to the Court
below at trial shall remain in the custody of the Court below until the
record of appeal has been prepared, and shall then be forwarded with
the record to the Deputy-Registrar and shall remain in the custody of
the Court until the determination of the appeal:

Provided that the Deputy-Registrar shall permit a party for
the purposes of preparing his record to take copies of all such docu-
ments and that the Court or Registrar may allow the return of any
document to any party pending the hearing of the appeal and subject
to such conditions as it or he may impose.

Entering 13. (1) The appellant shall within six weeks from the date when the
appeal. appeal is brought or within such extended time as may be granted by
the Court below or the Court-

(i) file in the office of the Deputy-Registrar-


(a) the record;









Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. II. 317

(b) an affidavit of service of the notice of appeal; and Civil
Form 6.
(ii) leave four copies of the record fori the use of the Judges
and the Registrar of the Court.

(2) The Deputy-Registrar shall thereupon give notice to the Civil
respondent of the filing of the record. Form 7.
(3) The Deputy-Registrar shall thereupon forthwith- Transmis-
(a) send the four copies of the record to the Registrar for rf the
the use of the Judges of the Court and the Registrar; Civil
(b) cause to be served on all parties mentioned in the notice Form 8.
of appeal a notice that the record has been forwarded to
the Registrar;
(c) send to the Registrar four copies of any notice or other
document received by him after transmitting the record.
(4) The Registrar upon receiving the record shall set down the
appeal for hearing by entering the same on the proper list of appeals.

,Withdrawal and non-compliance
14. If the appellant files with the Registrar a notice that he With-
desires to withdraw his appeal, the appeal shall stand dismissed with drawal of
appeal.
costs. The appellant at the same time shall serve copies of the notice Civil
of withdrawal on all or any of the parties with regard to whom the Form 9.
appellant wishes to withdraw his appeal, and any party so served shall
be precluded from laying claim to any costs incurred by him after such
service unless the Court shall otherwise order.

15. (1) It shall be the duty of the Registrar to see that an appellant Default in
complies with the provisions of rule 13 of this Order, and before the filing
conclusion of each general sitting shall report to the Court any failure record and
on the part of an appellant so to comply and the Court of its own documents.
motion may make any such order as it might make upon an .application
by the respondent under paragraph (2) of this rule.

(2) If the respondent alleges that the appellant has failed to
comply with the requirements of rule 13 (1) of this Order or any part
thereof, the Court, if satisfied that the appellant has so failed, may
dismiss the appeal for want of due prosecution or make such other Order
as the justice of the case may require.

(3) An appellant whose appeal has been dismissed under this
rule may apply by notice of motion that his appeal be restored and the
Court may in its discretion for good and sufficient cause order that
such appeal be restored upon such terms as it may think fit.

Applications
16. (1) In any cause or matter pending before the Court, a single Applica-
Judge of the Court may upon application make orders for- tions to
single
(a) giving security for costs to be occasioned by any appeals; Judge.









Federal Supreme Court (Appeals from British Guiana) Rules,
318 1959-0. II.

(b) leave to appeal in forma pauperis;
(c) a stay of execution on any judgment appealed from
pending the determination of such appeal;
(d) an injunction restraining the defendant in the action
from disposing or parting with the possession of the
subject matter of the appeal pending the determination
thereof;
(e) extension of time;
and may hear, determine and make orders on any other interlocu-
tory application.

(2) Every order made by a single Judge of the Court in pursuance
of this rule may be discharged or varied by any Judges of that Court
having power to hear and determine the appeal.

Applica- 17. Applications referred to in the preceding rule shall ordinarily
tion to be made to a Judge of the Court, but where this may cause undue
ourt inconvenience or delay, a Judge of the Court below may exercise the
powers of a single Judge of the Court under that rule.

Mode of 18. (1) An application for leave to appeal in form pauperis may be made
plica- e.r part by affidavit containing the grounds of the application and the order
asked for.

(2) Any other application under these Rules shall be made by
way of summons or motion Such application shall be supported by
affidavit, a copy of which shall be served with the summons or notice
of motion.

(3) Where an application is made ex part under paragraph (1)
of this rule, an order may be made requiring any party affected to be
served with notice of the application.

(4) Where an application under these Rules is made by summons,
an order may be made adjourning the hearing into open court.

(5) Where an application made by summons is heard by the
Court, it shall be treated as if it were a motion, and it shall be heard
in open court.
Appeal no 19. (1) An appeal shall not operate as a stay of execution or of
stay except proceedings under the judgment appealed from, except so far as the
by order. Court below or the Court may order, and no intermediate act or pro-
ceeding shall be invalidated, except so far as the Court may direct.

(2) On an appeal, interest for such time as execution has been
delayed by the appeal shall be allowed unless the Court otherwise
orders, and the Registrar may compute such interest without any order
for that purpose.









Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. II. 319

20. (1) Before an application for security for costs is made, a Applica-
written demand shall be made by the respondent and if the demand is tion for
refused or if an offer of security be made by the appellant and not security
accepted by the respondent, the Court or the Court below shall in for costs.
dealing with the costs of the application consider which of the parties
has made the application necessary.

(2) An application for security for costs may be made at any
time after the appeal has been brought and must be made promptly
thereafter.
(3) An order for security for costs shall direct that in default
of the security being given within the time limited therein, or any
extension thereof, the appeal shall stand dismissed with costs.
(4) A bond with sureties for securing the costs of an appeal Bond.
shall be in Civil Form 10. Civil
Form 10.
21. (1) An application for leave to appeal in forma pauperis; shall Applica-
be accompanied by:- tion for
leave to
(a) an affidavit stating: appeal in
(i) that the appellant is not worth $120 excepting his forma
wearing apparel and tools of trade and his interests pauperis
in the subject matter of the intended appeal;
(ii) that his usual income from all sources does not
exceed $9.60 a week;
(b) a certificate of counsel that the appellant has reasonable
grounds of appeal.

(2) Where an appellant obtains leave to appeal in forma pauperis;
he shall not be required to lodge security for the costs of the respondent
or to pay any registry fees or any fees for copies of the Judge's notes
of evidence or the documents required for compiling the record.

Hearing and Judgments
Interlocu-
22. An appeal against an interlocutor order shall be heard tory
appeals.
before not less than two Judges of the Court. 'umber of
Judges.
23. If the appellant fails to appear when his appeal is called Dismissal
on for hearing the appeal may be struck out or dismissed with or with- of appeal
out costs. in default
of appear-
alice.
24. When an appeal has been struck out owing to the non-appear- Applica-
ance of the appellant the Court may, on application by the appellant by tion to re-
notice to the Court, if it thinks fit, and on such terms as to costs or enter appeal
otherwise as it may deem just, direct the appeal to be re-entered for dismissed
hearing: under O.I
r.23.
Provided that no application under this rule shall be made after
the expiration of twenty-one days from the date of the judgment or
order sought to be set aside.









Federal Supremie Court (Appeals from British Guiana) Rules,
820 1959-0. II.

Non- 25. If the respondent fails to appear when the appeal is called
of respon- on for hearing the Court may proceed to hear the appeal ex parte.
dent.
Applica- 26. (1) Where an appeal has been heard ex part under rule 25 of
tion to set this Order and any judgment has been given therein adverse to the
aside e. respondent he may apply by motion to the Court to set aside such
parole judgment and re-hear the appeal and the Court may, if it thinks fit,
jdgement. and on such terms as to costs or otherwise as it may deem just, direct
the appeal to be re-entered for hearing.
(2) No application to .et aside any judgment or order and
re-hear the appeal under this rule shall be made after the expiration
of twenty-one days from the date of the judgment or order sought to
be set aside.
(3) Any such application shall be by motion accompanied by an
affidavit setting forth the reasons and grounds for the application and
the Court may thereupon in its discretion set aside the judgment or
order and order that the appeal be re-heard at such time and upon such
conditions as to costs or otherwise as it may think fit.

Delivery of 27. Subject to the provisions of paragraph (5) of article 85
judgement. of the Constitution of The West Indies the judgments of the Court
shall normally be delivered in British Guiana by the judges who heard
the same, but if one or more judges of the Court are not prepared or
are otherwise unable to deliver judgment before the conclusion of the
sitting:-
(a) judgment may be delivered at a later sitting of the Court
in British Guiana;
(b) the judgment of a member of the Court may be read by
any judge of the Court at a sitting of the Court.

Execution 28. Judgments of the Court shall be enforced by the Court below
of judge- and a certificate under the seal of the Court and the hand of the presid-
ment by ing judge setting forth the judgment shall be transmitted by the Regis-
Court below.trar to the Court below and the latter shall enforce such judgment in
Civil terms of the certificate.
Form 11.
Fees and Costs
Court fees. 29. (1) Save as hereinafter provided, the fees prescribed in Appendix
B shall be charged in respect of the matters to which they arc respec-
tively assigned. The fees chargeable under Part I of Appendix B shall
be paid to the Deputy Registrar and those chargable under Part II
shall be paid to the Registrar of the Court below.

Govern- (2) No fees shall be payable by the Government of British
ment of Guiana or any person suing or being sued on behalf of the said
British Government in respect of any civil appeal to which the said Government
Guiana
exempt or any person so suing or being sued is a party:
from
payment Provided that a judgment in favour of the Government of British
of fees. Guiana or any person so suing or being sued for costs to be paid by any









Federal Supreme Court (Appeals jfroi British Guiana) Rules,
1959-0.11. 321

party, not being the said Government or any person so suing or being
sued, shall, unless the Court otherwise orders include the amount of any
fees which would have been payable if the appeal or suit had been
brought or. instituted by or against a private person.

30. (1) Subject to the provisions of this rule, a Taxing Officer Legal
when taxing the fees for professional legal services shall:- practi-
tioners'
(a) unless the Court when awarding costs orders otherwise, fee.
allow all such costs, charges and expenses as shall appear
to him to have been necessary or proper for the attain-
ment of justice or for the defending the rights of any
party, but save as against the party who incurred the
same, no costs shall be allowed which appear to the
Taxing Officer to have been incurred or increased
through overcaution, negligence or mistake, or by pay-
ment of special fees to counsel or special charges or
expenses to witnesses or other persons, or by other
unusual expenses;
(b) adhere to the Schedule of Allowances in Part III of
Appendix B.
(2) In taxing party and party costs, the Taxing Officer shall also
unless the court when awarding costs orders otherwise, allow--
(a) the reasonable fees consequent upon the engagement of
counsel:
Provided that he may disallow the fee of more than one
counsel in unopposed matters and in matters in which counsel
has not appeared on the other side;
(b) in any matter which does not conclude upon the first day,
reasonable refreshers for each day subsequent to the
first;
(c) junior counsel's fee on the basis of two-thirds of the fee
allowed to leading counsel (excluding travelling expenses
and any special fee allowed to leading counsel) where
fees to leading and junior counsel are allowed.
(3) The Taxing Officer may in exceptional cases and for good
and sufficient reason depart from any of the provisions of the Schedule
of Allowances contained in Part III of Appendix B and in particular
in the taxation of solicitor and client bills of costs, where strict
adherence to such provisions would be inequitable.

31. The fees to be charged for interpreters witnesses. special Fees not
commissioners and examiners shall be those set forth in Part IV of chargeale
under rules
Appendix B. 29 and 30.

32. (1) Where the costs of an appeal are allowed they may either Taxation
be fixed by the Court at the time when the judgment is given or may of costs.
be ordered to be taxed.








Federal Supreme Court (Appeals from British Guiana) Rules,
322 1959-0. III.

Notice of 2) The Registrar and the Deputy-Registrar shall be the Taxing
taxation. Officers and shall notify the parties of the time fixed for the taxation of
Oivil
civil costs.
Form 12. ts.
Object- (3) Any party who may be dissatisfied with the allowance or
tions to disallowance by the Taxing Officer, in any bill of costs taxed by him,
taxation. of the whole or any part of any items, may, at any time before the
certificate or allocatur is signed, or such earlier time as may in any
case be fixed by the Taxing Officer, deliver to the other party
interested therein, and carry in before the Taxing Officer, an objection
in writing to such allowance or disallowance, specifying therein by a list,
in a short and concise form the items or parts thereof objected to, and
the grounds and reasons for such objections and may thereupon apply
to the Taxing Officer to review the taxation in respect of the same.
The Taxing Officer may, if he shall think fit, issue pending the considera-
tion of such objections a certificate of taxation or allocatur for or on
account of the remainder of the bill of costs and such further certificate
or allocatur as may be necessary shall be issued by the Taxing Officer
after his decision upon such objections.

Review of (4) Upon such application the Taxing Officer shall reconsider
Taxation and review his taxation upon such objections, and he may, if he shall
Omiceing think fit, receive further evidence in respect thereof, and, if so required
by either party, he shall state either in his certificate of taxation or
allocatur, or by reference to such objection, the grounds and reasons
of his decision thereon, and any special facts or circumstances relating
thereto. The Taxing Officer may tax the costs of such objections and
add them to or deduct them from any sum payable by or to any party
to the taxation.

(5) Any person aggrieved by any order, decision or ruling of the
taxing Officer may apply to the Court or to a judge thereof to set aside
such order, decision or ruling and to make such further order as it may
think fit.

(6) Any application to the Court or to a judge thereof under
the foregoing paragraph shall be by motion accompanied by an affidavit
in support and notice of such motion shall be served upon the Taxing
Officer and upon all parties having interest therein.

ORDER III
APPEALS AGAINST CONVICTION ON INDICTMENT
Institution of Appeals
Obliga- 1. A person desiring to appeal to the Court against conviction
tion on
appellant and/or sentence shall commence his appeal by sending to the Registrar
to fill up of the Court below a notice of appeal or notice of application for leave
forms of to appeal or notice of application for extension of time within which
appeal such notice shall be given as the case may be, in the form of such
notices and notices set forth in Forms I or 2 in Appendix C, and, in the notice or
answer
questions notices so sent, shall answer the questions and comply with the require-
thereon. ments set forth thereon subject to the provisions of Order I rule 10.









Federal Supreme Court (Appeals from British Gu'iana) Rules,
1959-0. III. 323

The answers to the questions which an appellant is by this rule required Criminal
to make in support of his request to be present at the hearing of his Forms 1
and 2.
appeal shall be deemed to be applications to the Court in such matter.

2. (1) The certificate of the Judge of the Court below under section Judge's
15 (c) of the Ordinance may be in Form 3 in Appendix C. certificate
under sec-
tion 15(c)
(2) The Judge of the Court below may, in any case in which he of the
considers it desirable so to do, inform the person convicted before or Ordinance.
sentenced by him that the case is in his opinion one fit for an appeal Criminal
to the Court under section 15 (c) of the Ordinance and may give to Form 3.
such person a certificate to that effect in the Form 3 in Appendix C. Criminal
Form 3.
3. (1) Every notice of appeal or notice of application for leave to Notices to
appeal or notice of application for extension of time within which such be signed
notice shall be given shall be signed by the appellant himself, except ba1ppel
under the provisions of paragraphs (4) and (5) of this rule.

Any other notice required or authorised to be given shall be in Signature
writing and signed by the person giving the same or by his legal repre- on notices
tentative. All notices required or authorised to be given shall be and other
addressed to the Registrar of the Court below to be forwarded by him notices.
to the Registrar of the Court.

(2) Where an appellant or applicant is in prison it shall be suffi-Service of
cient service to deliver the document at the prison to the officer in on person
charge or person appearing to be the officer in charge thereof, who shall in prison.
cause the same to be served on such prisoner.
(3) Where an appellant or any other 'person iauthorised ;or Where
required to give or send any notice of appeal or notice of any applica- appBllat
unable to
tion is unable to write, he may affix his mark thereto in the presence write.
of a witness who shall attest the same, and thereupon, such notice shall
be deemed to be duly signed by such appellant.
(4) Where, on the trial of a person entitled to appeal, it has been Where
contended that he was not responsible according to law for his actions question
of insanity
on the ground that he was insane at the time the act was done or the invosledt
omission made by him, any notice required to be given and signed by
the appellant himself may be given and signed by his legal representa-
tive.

(5) In the case of a body corporate where any notice or other Noti ce
document is required to be signed by the appellant himself, it shall be ,alf of
sufficient compliance therewith if such notice or other document is signed corpora-
by the secretary, clerk, manager or legal representative of such body tions.
corporate.
4. The time within which a person convicted shall give notice Time for
appealing
of appeal or notice of his application for leave to appeal to the Court against on-
against his conviction, shall commence to run from the day on which viction to
the verdict of the jury was returned, whether the judge of the court of run from
verdict.








Federal Supreme Court (Appeals from British Guiana) Rules,
324 1959-0. III.

trial shall have passed sentence or pronounced final judgment upon him
on that day or not.

Time for 5. The time within which a person convicted and sentenced, shall
appealing give notice of appeal or notice of application for leave to appeal against
sentence to such sentence under the Ordinance to the Court, shall commence to run
run from from the day on which such sentence shall have been passed upon him
pronounce- by the judge of the court of trial.
ment of
sentence.
Notice of 6. An application to the Court for an extension of time within
applica- which notices may be given, shall be in the Form 2 in Appendix C.
tion for Every person making an application for such extension of time, shall
of time send to the Registrar of the Court below together with the proper form
for appeal- of such application, a form, duly filled up, of notice of appeal, or of
ing. notice of application for leave to appeal, appropriate to the ground or
Criminal grounds upon which he desires to question his conviction or sentence,
Form 2. as the case may be.
Copies of Proceedings, etc.
Forward- 7. (1) The Registrar of the Court below when he has received a
ing of pro- notice of appeal or a notice of application for leave to appeal, or a notice
eoeirt e-in of application for extension of the time within which under these Rules
low to or the Ordinance such notice shall be given, shall forward to the Regis-
Registrar. trar four copies of the proceedings in the Court below and if any
record has been made of the summing up or direction of the Judge of
the Court below, four copies thereof or if no such record has been
made, a statement giving to the best of such Judge's recollection the
substance of the summing up or direction. He shall also forward the
original exhibits in the case as far as practicable and any original
depositions, information, inquisition, plea, or other documents usually
kept by him, or forming part of the record of the Court below.
(2) One copy of the proceedings and one copy of the summing
up shall be sent by the Registrar of the Court below to the Attorney-
General at the same time he complies with paragraph (1) of this rule.
(3) For the purposes of this rule copies of proceedings shall
contain: -
(a) the indictment or charge and the plea;
(b) the verdict, any evidence given thereafter and the
sentence;
(c) notes of any particular part of the evidence or cross-
examination relied on as a ground of appeal; and
(d) such other notes of evidence as the Registrar of the
Court below or the Registrar may direct to be included
in the copies of proceedings.
Provided:-
(i) In capital cases copies of the notes of all the
evidence shall be supplied; and








Federal Supreme Court (Appeals from British Guiana) Rules,
1959--0. III. 325

(ii) Upon application 'by either party to an appeal a
single Judge of the Court or the Court itself may
direct that copies of any particular part, or the whole,
of the evidence be supplied to the Court and to the
Attorney-General.
8. (1) Where any trial is had with a jury and, by direction of the Records of
Judge of the Court below, notes in long hand or in short-hand or type- summing
written shall have been taken of the summing up or direction of the up.
Judge and such parts of the proceedings as the Judge of the Court
below may consider expedient, such record shall be accepted by the
Court as accurate unless the Court has reason to doubt its accuracy.
(2) Where in such a trial the Judge of the Court below does not
give any directions for recording any summing up or direction given
by him, his statement giving his recollection of the summing up or
direction shall be accepted as accurate unless the Court sees reason to
the contrary.

(3) The shorthand writer shall sign the shorthand note taken Shorthand
by him of any trial or proceedings, or of any part of such trial or pro- note to be
ceedings, and certify the same to be a complete and correct shorthand verified by
note thereof; and such shorthand note shall be kept in such custody as te writer.
the Registrar of the Court below shall, either specially or generally,
direct.

(4) The shorthand writer shall, on being directed by the Regis- Transcript
trar of the Court below, furnish to him for the use of the Court a to be fur-
transcript of the whole, or of any part of the shorthand note taken by applica-
him of any trial or proceedings in reference to which an appellant has tion of
appealed under the Ordinance. Registrar.

(5) A transcript of the whole or any part of the shorthand Verifica-
note relating to the case of any appellant which may be required for tion of
the use of the Court shall be typewritten and verified by the person transcript
making the same by a statutory declaration in the Form 4 in Appendix Court.
C to these Rules that the same is a correct and complete transcript of
the whole, or of such part, as the case may be, of the shorthand note Criminal
purporting to have been taken, signed, and certified by the shorthand Form 4
writer who took the same.

(6) Where no notes in long hand or in shorthand have been
taken by direction of the Judge of the Court below of any other parts
of the proceedings required for the purpose of an appeal, the Judge of
the Court below shall furnish to the Registrar of the Court below his
notes of the trial or such part thereof as may be required for such
purpose.

(7) On the application of a party interested in a trial or other Party
proceedings in relation to which a person may appeal under the Ordi-interested
nance, the Registrar of the Court below shall direct the shorthand may
writer to furnish to such party, and to no other person, a transcript of tran-
script.








Federal Supreme Court (Appeals from British Guicma) Rules,
326 1959-0. III.

the whole, or of any part of the shorthand note of any such trial or
other proceedings, on payment to the proper officer of the Court below
such fees as may be prescribed by Rules of Court in British Guiana
for copies of proceedings required on appeal in any criminal cause or
matter.

Party (8) A party interested in an appeal under the Ordinance may
interested obtain from the Registrar of the Court below a copy of the transcript
may
obtain of the whole or of any part of such shorthand note as relates to the
transcript appeal on payment to the proper officer of the Court below such fees as
from the may be prescribed by Rules of Court in British Guiana for copies of
Registrar. proceedings required on appeal in any criminal cause or matter.

Defini- (9) For the purposes of this rule, "a party interested" shall mean
tion of the prosecutor or the person convicted, or any other person named in,
terested". or immediately affected by, any order made by the Judge of the Court
below, or other person authorised to act on behalf of a party interested,
as herein defined; but shall not include the Attorney-General, to whom
a copy of such transcript shall be furnished free of charge.

Transcript (10) A transcript of the shorthand notes taken of the proceedings
hand sotes at the trial (or a copy of the Judge's notes of the trial) of any appellant
or Judge's shall not be supplied free of charge except by an order of the Court
notes not or a Judge thereof, upon an application made by an appellant or by his
to be Counsel or solicitor assigned to him under the Ordinance.
supplied
free,. ex-
cept by
order of
Court. Judge's Report
Report of 9. (1) The Registrar of the Court below shall, if in relation to any
Judge of appeal the Court directs him so to do, request the Judge of the Court
Court below to furnish him with a report in writing, giving his opinion upon
below. the case generally or upon any point arising upon the case of the
appellant, and such Judge shall furnish the same to the said Registrar.

(2) The report of the Judge shall be made to the Court, and,
the said Registrar shall on request, furnish a copy thereof to the
appellant and respondent.

Furnishing 10. When the Registrar of the Court below requests the Judge
Judge of of the Court below to furnish a report under these Rules, he shall
Court be- send to such Judge a copy of the notice of appeal or notice of application
low with for leave to appeal or any other document or information which he shall
materials
for report consider material, or which the Court at any time shall direct him to
send or with which such Judge may request to be furnished by the said
Registrar, to enable such Judge to deal in his report with the appellant's
case generally or with any point arising thereon.

Copies of Documents for use of Appellant or Respondent

How ap- 11. (1) At any time after notice of appeal or notice of application
pellant or for leave to appeal has been given under the Ordinance or these Rules,









Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. III. 327


an appellant or respondent, or the solicitor or other person representing respondent
either of them, may obtain from the Registrar of the Court below may
copies of any documents (other than notes of proceedings) or exhibits from Re-
in his possession under the Ordinance or these Rules for the purposes gistrar of
of such appeals. Such copies shall be supplied by the said Registrar on Court be-
payment to the proper officer of the Court below of such fee as may low
be prescribed by Rules of Court in British Guiana for copies of proceed- copies of
documents
ings required on appeal in any criminal cause or matter. or
exhibits.

(2) Where solicitor and counsel, or counsel only, are assigned Counsel
to an appellant under the Ordinance copies of any such documents or and
exhibits which they or he may request the said Registrar to supply solicitor
shall without charge be supplied unless the said Registrar thinks that t ael-
they are not necessary for the purpose of the appeal. hint may
receive
copies of
documents
and ex-
hibits free
on request.
(3) Where an appellant, who is not legally represented requires Appellant
from the said Registrar a copy of any such document or exhibit in his not legally
custody for the purposes of his appeal, he may obtain it free of charge, repre-
if the said Registrar thinks, under all the circumstances, it is desirable may ob-
or necessary to supply the same to him. tain copy
of
documents
or ex-
hibits free.
Conduct of Prosecution and Defence
S12. (1) Whenever the Registrar has received a notice of appeal or Registrar
a notice of application for leave to appeal, or a notice of application to require
for an extension of time within which such notice shall be given, he shall proper
forthwith apply to the Registrar of the Court below for the following Court be-
particulars:- low to
furnish
him with
particu-
lars, etc.
(a) name and address of the prosecutor. State names and of trial.
addresses of counsel and/or solicitor for prosecution.
(b) whether appellant was defended by counsel and solicitor
privately or by counsel at request of Court.
give names and addresses of counsel and/or solicitor for
appellant.

(2) When the Registrar has received a notice of appeal or where Registrar
leave to appeal is granted to any appellant, he shall:- to notify
Attorney-
(a) notify the Attorney-General, or General
or pro-
(b) if the prosecutor is a private person enquiree if he intends sector, if









Federal Supreme Court (Appeals from British Gliana) Rules,
328 1959-0. III.

a private to defend the appeal and, if the answer is in the negative,
receipt of so inform the Attorney-General.
notice of
appeal.

Prosecu- (3) It shall be the duty of a prosecutor, who declines to resist an
tor to appeal, and of his counsel or solicitor, to furnish to the Registrar and
afford all the Attorney-General, or either of them, any information, documents,
informa- matters and things in his possession or under his control connected with
ments etc., the proceedings against the appellant, which the Registrar or Attorney-
to Regis- General may require for the purposes of their duties under the
trar and Ordinance.
Attorney
General.
Legal Aid to Appellants

List of 13. (1) The Registrar shall cause to be prepared in such form as
counsel he thinks most convenient for British ,Guiana a separate list of counsel
and solici- who are willing to act as counsel for appellants if and when nominated
tors for under the Ordinance.
purposes
of the
Ordinance. (2) The Registrar shall also cause to be prepared in such form
as he thinks most convenient a list of solicitors who are willing to act
as solicitors on behalf of appellants if and when nominated so to do
under the Ordinance.

Legal aid (3) When legal aid is assigned to an appellant, the Court may
to be give such directions as to the stage of the appeal at which such legal
provided aid shall commence and whether counsel only, or counsel and solicitor,
from
such shall be assigned or otherwise as it may think right.
lists.
(4) The Registrar shall thereupon, subject to any special order
of the Court, select from such lists or otherwise a counsel and a
solicitor or a counsel only for the purpose of affording legal aid to an
appellant under the directions of the Court, having regard in so doing
to the place at which the appellant was tried and the counsel and
solicitor, if any, who represented the appellant at his trial and the
nature of the appeal.

Proceedings before a single Judge
Procedure 14. (1) Where any application has been dealt with by a single Judge
'on the Registrar shall notify to the appellant the decision in Form 5 in
decision of Appendix C. In the event of such Judge refusing all or any of such
tion to applications the Registrar on notifying such refusal to the appellant
single shall forward to him Form 6 in Appendix C which form the appellant
Judge. is hereby required to fill up and forthwith return to the Registrar. If
Criminal the appellant does not desire to have the said application or applica-
Forms 5&6. tions determined by the Court as duly constituted for the hearing of
appeals under the Ordinance or does not return within five days to
the Registrar Form 6 duly filled up by him the refusal of his application
or applications by such Judge shall be final. If the appellant desires
that his said application or applications shall be determined by the Court
as duly constituted for the hearing of appeals under the Ordinance and









Federal Supreme Court (Appeals from British Guiana) Rules,
1959--0. III. 329

is not legally represented he may, if the Court gives him leave, be
present at the hearing and determination by the Court of his said
application:
Provided that an appellant who is legally represented shall not be
entitled to be present without special leave of the Court.
(2) When an appellant duly fills up and returns within the pres-
cribed time to the Registrar Form 6 expressing a desire to be present
at the hearing and determination by the Court of the applications
mentioned in this rule, such form shall be deemed to be an application
by the appellant for leave to be so present. The Registrar, on receiving
the said form, shall take the necessary steps for placing the said applica-
tion before the Court.
If the said application to be present is refused by the Court, the
Registrar shall notify the appellant; and if the said application is granted
the Registrar shall notify the appellant and the officer in charge of the
prison wherein the appellant is in custody, as provided by these Rules.
For the purpose of constituting a Court the Judge who has refused any
such application may sit as a member of such Court, and take part in
determining such application.
(3) Except where otherwise provided in these Rules, any applica- Applica-
tion to the Court may be made by the appellant or respondent, or by tion not
counsel on their behalf, orally or in writing; but in regard to such specially
applications, if the appellant is unrepresented and is in custody and is or, how
not entitled or has not obtained leave to be present before the Court, made.
he shall make any such application by forwarding the same in writing
to the Registrar who shall take the proper steps to obtain the decision
of the Court thereon.
(4) In all proceedings before a Judge under section 29 of the Solicitor's
Ordinance, and in all preliminary and interlocutor proceedings and right of
applications except such as are heard before the Court, the parties there- audience.
to may be represented and appear by a solicitor alone.
(5) A judge of the Court below may on application make any
order which a judge of the Court has power to make under paragraphs
(b), (c), (d) and (e) of regulation 36 of the Federal Supreme Court
Regulations, 1958.

15. Where the Court has, on a notice of application for leave to Notice of
appeal duly served and in Form 1 in Appendix C, given an appellant fp l'cav to
leave to appeal, it shall not be necessary for such appellant to give any appeal
notice of appeal but the notice of application for leave to appeal shall deemed to
in such case be deemed to be a notice of appeal. be notice
of appeal
if applicn-
tionl
Suspension of Orders and Admission to Bail granted.
16. (1) Where a person has, on his conviction, been sentenced to Person in
payment of a fine, and in default of payment to imprisonment, and such custody in
person remains in custody in default of payment of the fine, he shall default
of pay-
be deemed, for the purposes of appeal, to be a person sentenced to eflit of
imprisonment. fine.








Federal Supreme Court (Appeals from British Guicana) Rules,
330 1959-0. III.

Power of (2) Where any person has been convicted and is thereupon
Court of sentenced to the payment of a fine, and, in default of such payment, to
trial to imprisonment, and he intimates to the Judge of the Court below that
rcogniz- he is desirous of appealing to the Court against his conviction, such
nnces. Judge may, if he thinks right so to do, order such person forthwith to
enter into recognizances in such amount, and with or without sureties
in such amount, as such Judge may think right, to prosecute his appeal,
and, subject thereto, may order that payment of the said fine shall be
Criminal made at the final determination of his said appeal, if the same be dis-
Forms 7 missed, to the Registrar of the Court below, or as the Court may then
and 8. order. The recognizances under this rule shall be in Forms 7 and 8
in Appendix C.
The Registrar of the Court below shall forward the recognizances
of the appellant and his surety or sureties to the Registrar of the Court.

Appellant (3) If an appellant to whom paragraph (2) of this rule applies
committ- does not serve in accordance with these Rules a notice of appeal or of
ing breach abandonment of his appeal within fourteen days from the date of his
recogniz- conviction or sentence, the Registrar of the Court below shall report
dances. such omission to the Court, who may, after notice in Forms 9 and 10
in Appendix C has been given to the appellant and his sureties, if any,
order an estreat of the recognizances of the appellant and his sureties,
and the manner of such estreat shall be that provided for estreating
Criminal recognizances under the law of British Guiana, and may issue a warrant
Forms 9 for the apprehension of the appellant and may commit him to prison
and 10. in default of payment of his fine, or may make such other order as it
may think right.

Repay- (4) An appellant who has been sentenced to the payment of a
ment of fine, and has paid the same or part thereof in accordance with such
sune on sentence, shall, in the event of his appeal being successful, be entitled,
of appeal. subject to any order of the Court, to the return of the sum or any part
thereof so paid by him.

Tempor- 17. (1) Where, on the conviction of a person, the Judge of the
ary sus- Court below makes an order condemning such person to the payment
pension of of the whole or of any part of the costs and expenses of the prosecution
made on for the offence of which he shall be convicted out of any moneys taken
conviction from such person on his apprehension or otherwise or where such
as to Judge lawfully makes on the conviction of any person before him any
money, order for the payment of money by such convicted person or by any
awards, other person or any order affecting the rights of property of such con-
e victed person, the operation of such orders shall in any of such cases
be suspended until the expiration of fourteen days after the day on
which any of such orders were made. And in cases where notice of
appeal or notice of application for leave to appeal is given within four-
teen days from and after the date of the verdict against such person
such orders shall be further suspended until the determination of the
appeal against the conviction in relation to which they were made.
The Court may by order annul any order to which this rule
refers on the determination of any appeal under the Ordinance or may








Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. 11. 331

vary such order, and such order, if annulled, shall not take effect, and,
if varied, shall take effect as so varied. The proper officer of the Court
below shall keep a record of any orders to which this rule refers.

(2) Where upon the conviction of any person of any offence, the Suspen-
trial court orders that any disqualification, forfeiture or disability attach sion of
to such person, and notice of appeal or notice of application for leave disqualifi-
. nations con-
to appeal is given in respect of such conviction, sentence or order, the sequent on
Court may upon application suspend such disqualification, .forfeiture conviction.
or disability until the determination of the proceedings upon appeal.

(3) Where the Judge of the Court below makes any such order Judge's
on a person convicted before him, as in this rule mentioned, he shall diree-
giv.e such directions as he thinks right as to the retention, by any person, tions asr
to property"
of any money or valuable securities belonging to the person so convicted of coniet:tl
and taken from such person on his apprehension or of any money or person
valuable securities at the date of his conviction in the possession of the pending
prosecution for the period of fourteen days or in the event of an appeal appeal."
until the determination thereof by the Court. The proper officer of the
Court below shall keep a record of any directions given under this rule.

(4) When the Judge of the Court below on the conviction of a Judge's
person before him makes any order for the payment of money by such dirce-
tions as
person or by any other person upon such conviction, and, by reason to secur-
of this rule, such order would otherwise be suspended, such Judge may, ing payment
if he thinks right so to do, direct that the operation of such order shall of money
not be suspended unless the person on whom such order has been made by con-
shall, in such manner and within such time as the said Judge shall direct, vited
give security by way of undertaking or otherwise for the payment to ndi
the person in whose favour such order shall have been made of the appeal.
amount therein named. Such security may be to the satisfaction of
'the person in whose favour the order for paynlent shall have been
made or of any other person as such Judge shall direct.

(5) Where on a conviction any property, matter or thing, the Suspen-
subject of the prosecution or connected therewith is to be or may be pi'o of
order of
ordered to be destroyed or forfeited under the provisions of ;ny rule, dtuf
regulation, statute, act or other law, the destruction or forfeiture or fion or
order for destruction or forfeiture thereof shall be suspended for the forfei-
period of fourteen days from and after the date on which the verdict on ture of
the indictment was returned, and in the event of an appeal under the property.
Ordinance shall be further suspended until the determination thereof
by the Court.

(6) Where, upon conviction of any person of any offence, any Suspen-
claim may be made or any proceedings may be taken under any rule, ion of
regulation, statue act or other law against such person or any other,'0, o
person in consequence of such conviction, such proceedings shtill not be claims onl-
taken until after the period of fourteen days from the date on which sequent on
the verdict against such person was returned nor in the event of an condition.
appeal under the Ordinance to the Court until the determination
thereof.









Federal Supreme Court (Appeals from British Guidina) Rl-des,
332 1959-0. III.

Period of (7) The'time during which an order of restitution or the opera-
suspen- tion of subsection (1) of section 26 of the Sale of Goods Ordinance is
sion of
order under suspended under section 18 of the Federal Supreme Court (Appeals)
section 18 Ordinance, 1958, shall commence to run from the day on which the
o Odin- verdict of the jury was returned, and, in cases where notice of appeal
or notice of application for leave to appeal is duly given within fourteen
(lays after such day. the period of suspension of such order or of the
operation of the subsection shall continue until the determination of
the appeal.


Person (8) Any person affected by any orders which are suspended
affected under this rule may, with the leave of the Court, be heard on the
may appear.
final determination of any appeal, before any such orders are varied
or annulled by the Court.


Procedure on application for Bail. Right
of Sureties. Estreat of Recognisances.

an urety's 18. (1) Where the Court or the Court below admits an appellant
recogniz- to bail pending the determination of his appeal on an application by
anees him duly made, the said Court shall specify the amounts in which the
before
whom to appellant and his surety or sureties (unless the said Court directs that
be taken. no surety is required) shall be bound by recognizance, and shall direct
if it thinks right so to do, before whom the recognizances of the
appellant and his surety or sureties (if any) may be taken.


Appellant (2) The Registrar shall notify the appellant and the officer in
and
prison charge of the prison within which he is confined, of the terms and
officer to conditions on which the Court shall admit the appellant to bail under
receive the Ordinance.
notice of
terms of
bail.

(3) In the event of such Court not making any special order or
giving any special directions under this rule, the recognizances of the
appellant and of his surety or sureties (if any) may be taken before
a Magistrate or Justice of the Peace and shall be sent to the Deputy
Registrar of the Federal Supreme Court.


Form of (4) The recognizances provided for in this rule shall be in Forms
recogniz- 1 and 12 in Appendix C.
ances.
Criminal
Forms 11
and 12.








Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. III. 333

(5) The Deputy Registrar, on being satisfied that the recogniz- ,Registrar
ances of the appellant and his surety or sureties (if any) are in due on receiv-
form and in compliance with the order of the Court admitting the ing recog-
appellant to bail shall forward the recognizances of the appellant due form
and his surety or sureties to the Registrar and shall send in Form to notify
officer of
13 in Appendix C a notice to the officer of the prison in which prison to
the appellant shall then be confined. This notice, when received by release
the said officer, shall be a sufficient authority to him to release the appelant
Criminal
appellant from custody. Form 13.

(6) An appellant who has been admitted to bail shall be person- Presence
ally present at each and every hearing of his appeal and at the final of appel-
determination thereof. The Court may, in the event of such appellant bail at
not being present at any hearing of his appeal, if it thinks right so to bearing of
do, decline to consider the appeal, and may proceed summarily to his appeal.
dismiss the same and may issue a warrant for the apprehension of the Warrant
appellant in Form 14 iin Appendix C: for appre-
hension of
appellant
on bail.
Provided that the Court may consider the appeal in his absence, Criminal
or make such other order as it may think fit. Form 14.

(7) When an appellant is present before the Court, the Court Varying
order for
may, on an application made by any person, or, if it thinks right so to bail.
do, without any application, make any order admitting the appellant to
bail, or revoke or vary any such order previously made. or enlarge
from time to time the recognizances of the appellant or of his sureties
or substitute any other surety for a surety previously bound as it thinks
right.

(8) At any time after an appellant has been released on bail, the Power to
Court or, where the appellant was released on bail by the court before revoke
order
which he was convicted, the said Court may, if satisfied that it is in for bail.
the interest of justice so to do. revoke the order admitting to bail, and
issue a warrant in Form 14 in Appendix C for his apprehension and Criminal
order him to be committed to prison. Form 14.

(9) The Court may on any breach of the recognizances of the
appellant if it thinks right so to do, order such recognizances and
those of his surety or sureties to be estreated, and the manner of such
estreat shall be similar to that provided under the law. of British Guiana.

(10) Where the surety or sureties for an appellant under the Provisions
Ordinance, upon whose recognizances such appellant has been released f"'
on bail by the Court suspects or suspect that the said appellant is sureties
diScharg-
about to depart out of the Colony, or in any manner to fail to observe ig their
the conditions of his recognizances on which he was so released, such obliga-
surety or sureties may lay an information before a magistrate acting tions.
in and for the judicial district in which the said appellant is, or is by








Federal Supreme Court (Appeals from British Guiana) Rules,
334 1959-0. III.

such surety or sureties believed to be, or in which such surety or
sureties may then be and such magistrate shall thereupon issue a
warrant for the apprehension of the said appellant.

How (11) The said appellant shall, on being apprehended under the
aobail to said warrant, be brought before the court in and for which the said
be dealt magistrate acts, before whom the said information was laid, or some
with on other magistrate's court specified in the said warrant. The said court
arrest at shall, on verification of the said information by oath of the informant,
instance by warrant of commitment, commit him to the prison to which persons
sureties, charged with indictable offences before such court are ordinarily com-
mitted. The officer in charge of such prison shall, unless such prison
was the prison from which the appellant was released on bail under
these Rules, notify the Prison Authority of such commitment, as in
this rule mentioned.

Where the appellant is by such court committed to a prison
which was not the prison from which he was released on bail after
his conviction the Prison Authority, subject to any order of the Court.
may transfer him to the prison from which he was so released.

Arrest (12) The clerk of the said court on the commitment of any such
and com-
mitment appellant, shall forthwith notify the Registrar to that effect, and
of forward to him the said information.and the deposition in verification
appellant thereof taken before such court together with a copy of the said
to be warrant of commitment.
notified
to Regis-
trar by
clerk.
Officer in (13) When an appellant has been released on bail and has, under
charge of a warrant under these Rules or by his surety or sureties, been appre-
prison on ended and is in prison, the officer in charge thereof shall forthwith
commit-
ment f notify the Registrar who shall take steps to inform the Court thereof,
appellant and the Court may give to the Registrar such directions as to the
to notify appeal or otherwise as they shall think right.
Registrar.
Abandonment of Appeal
Abandon- 19. (1) An appellant at any time after he has duly served notice of
ment of appeal or of application for keave to appeal, or of application for
appeal. extension of time within which such notice shall be given, may abandon
l his appeal by giving notice of abandonment thereof in Form 15 in
porm1na1 Appendix C to the Registrar, and upon such notice being given the
appeal shall be deemed to have been dismissed by the Court.

(2) Upon recepit of a notice of abandonment duly completed
and signed or marked by the appellant or the party authorised to sign
Criminal notices under rule 3 of this order, the Registrar shall give notices
Form 16. thereof in Form 16 in Appendix C to the respondent, the Prison
Authority and the Registrar of the Court below, and in the case of an
appeal against a conviction involving a sentence of death, shall in like









Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. III. 335

manner give notice to the Governor's Secretary, for the information of
the Governor or the Officer for the time being administering the
Government of British Guiana, and the Registrar shall also return to
the Registrar of the Court below any original documents and exhibits
received from him.

Determination of Appeal
20. Where, upon the trial of a person entitled to appeal against Varying
his conviction, an order of restitution of any property to any person order of
restitution
has been made by the Judge of the Court below, the person in whose of property.
favour or against whom the order of restitution has been made, and,
with the leave of the Court, any other person, shall, on the final hearing
by the Court of an appeal against the conviction on which such order
of restitution was made, be entitled to be heard by the Court before any
order annulling or varying such order of restitution is made.

21. Unless the Court direct to the contrary in cases where, in Judge-
the opinion of the Court, the question for decision is a question of law ments of
the Court.
which it would be convenient that separate judgments should be
pronounced by the Judges of the Court, the judgment of the Court shall
be pronounced by the presiding Judge or such other Judge of the Court
hearing the appeal as he may direct, and no judgment with respect to
the determination of any question shall be separately pronounced by
any other member of the Court.

22. (1) On the final determination of any appeal or of any applica- Notifi-
tion to the Court, the Registrar shall give to the appellant, if he be in cation of
final deter-
custody, and has not been present at such final determination, and to mination
the respondent and the Prison Authority notice of such determination of appeals.
in Forms 17 to 20 in Appendix C. Criminal
Forms 17
to 20.
(2) In any case of an appeal in relation to a conviction involving Notifica-
a sentence of death, the Registrar shall on receiving the notice of appeal tion of
or of any application for leave to appeal, send copies thereof to the appeals in
Governor's Secretary for the information of the Governor or the Officer capital
for the time being administering the Government of British Guiana, and cases.
to the Prison Authority, and on the final determination of any such
appeal by the Court shall forthwith notify the appellant, the Governor's
Secretary for the information of the Governor or the Officer for the time
being administering the Government of British Guana, the respondent
and the Prison Authority thereof.

23. (1) The Registrar at the final determination of ann appeal shall Notifica-
notify in such manner as he thinks most convenient to the Registrar of tion of
result of
the Court below the decision of the Court in relation thereto and also appeal.
any orders or directions made or given by the Court in relation to such Criminal
appeal or any matter connected therewith. Form 20.










Federal Supreme Court (Appeals from British Guiana) Rules,
336 1959-0. III.

Entry of (2) The Registrar of the Court below shall on receiving the
decision notification referred to in this rule enter the particulars thereof on the
of Court records of such court.
on
Records.
Restric- 24. The Registrar of the Court below shall not issue, under any
tions on law authorising him so to do, a certificate of conviction of any person
issue of convicted in the Court below if notice of appeal or notice of application
certificate
of con- for leave to appeal is given, until the determination or abandonment
eviction. thereof.

Return of 25. Upon the final determination of an appeal for the purposes
original of which the Registrar has obtained from the Registrar of the Court
deposi- below any original depositions, exhibits, information, inquisition, plea
tions, etc. or other documents usually kept by such Registrar, or forming part of
the record of the Court below, the Registrar shall, where practicable,
cause the same to be returned to the Registrar of the Court below.

Procedure as to Witnesses before Court and their examination
before Examiner
Atten- 26. (1) Where the Court has ordered any witness to attend and be
dance of examined before the Court an order in Form 21 in Appendix C shall be
witness served upon such witness specifying the time and place at which to
before
the Court. attend for such purpose.

Applica- (2) Such order may be made on the application, at any time, of
tion to the appellant or respondent, but if the appellant is in custody and not
Court to
hear legally represented the application shall be made in Form 22 in Appendix
witnesses. C.
Criminal
Form 22.
Order (3) Where the Court orders the examination of any witness to be
appoint- conducted otherwise than before the Court itself, such order shall
ing ex- specify the person appointed as examiner to take, and the place of
aminer. taking, such examination and the witness or witnesses to be examined
there t.

Furnish- (4) The Registrar shall furnish to the person appointed to take
ing ex- such examination any documents or exhibits and any other material
amiuner a
with ex- relating to the said appeal as and when requested to do so. Such
hibits, documents and exhibits and other material shall after the examination
etc., has been concluded be returned by the examiner, together with any
necessary depositions taken by him under this rule, to the Registrar.
for ex-
amination.
Notifi- (5) When the examiner has appointed the day and time for the
cation of examination he shall request the Registrar to notify the appellant or
date of
exanina- respondent and their legal representatives, if any, and when the
tion. appellant is in prison, the Prison'Authority thereof. The Registrar shall
Criminal cause to be served on every witness to be examined a notice in Form 23 in
Form 23. Appendix C.








Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. III. 337

(6) Every witness examined before an examiner under this rule Evidence
shall give his evidence upon oath or on affirmation to be administered to be
or taken by such examiner, except where any such witness if giving taken on
evidence as a witness on a trial on indictment need not be sworn, oath.

(7) The examination of every witness shall be taken in the form Deposi-
of a deposition and unless otherwise ordered shall be taken in private. tion of
The caption in Form 24 in Appendix C shall be attached to any such otwess
deposition. be taken.
Criminal
Form 24.

(8) Where any witness shall receive an order or notice to attend Expenses
before the Court or an examiner, the Registrar may, if it appears to him of witnes-
necessary so to do, pay to such witness a reasonable sum for his expenses. pes before
examiner.

(9) The appellant and his legal representative (if any) and the Presence
respondent shall be entitled to be present at and take part in any of
parties
examination of any witness to which this rule relates. at exam-
ination of
witnesses.

27. When an order of reference is made by the Court to a special Proceed-
commissioner, the question to be referred, and the person to whom as"rfgs on
special commissioner the same has been referred, shall be specified in
such order. The Court may in such order, or by giving directions as
and when it from time to time shall think right, specify whether the
appellant or respondent or any person on their behalf may be present at
any examination or investigation or at any stage thereof as may be
ordered, and specify any and what powers of the Court may be delegated
to such special commissioner, and may require him from time to time
to make interim reports to the Court upon the question referred to
him, and may, if the appellant is in custody, give leave to him to be
present at any stage of such examination or investigation and give the
necessary directions to the Prison Authority accordingly, and may give
directions to the Registrar that copies of any report made by such special
commissioner shall be furnished to the appellant and respondent.

Case stated under Section 30 of the Ordinance
28. (1) The Judge of the Court below shall forward any case stated Judge to
forward
by him in pursuance of section 30 of the Ordinance to the Registrar special
who shall on receiving the same send a copy of such case to the appellant case to
and respondent respectively. Registrar
and copies
to be
supplied
to appel
lant and
respon-
dent.








Federal Supreme Court (Appeals from British Guiana) Rules,
338 1959-0. 111.

These (2) Where under the provisions of section 30 of the Ordinance the
Rules to Judge of the Court below states a case for the consideration of the
apply to Court the person convicted shall for the purposes of these Rules be
persons deemed to be an appellant who has appealed under section 15 of. the
where Ordinance, provided that in such case paragraph (2) of rule 29 of this
case Order' shall not apply.
stated
under sec-
tion 30 of
the Ordin-
ance.

Applica- (3) Where a case is stated or a question of law reserved for the
tion of consideration of the Court under section 30 of the Ordinance, paragraphs
ruleton (1) and (4) only of the following rule shall apply.
section
30 of the
Ordinance.
Duties of Registrar
29. Subject to the provisions of rule 28-
Duties of (1) The Registrar shall take all necessary steps for obtaining a
Registrar hearing under Part III of the Ordinance of any appeal or application,
spect to notice of which is given to him under that Part, and shall obtain and
notices of lay before the Court in proper form all documents, exhibits, and other
appeal, things relating to the proceedings in the court before which the appellant
etc. or applicant was tried which appear necessary for the proper determina-
tion of the appeal or application.
(2) If it appears, to the Registrar that any notice of appeal
against a conviction, purporting to be on a ground of appeal which
involves a question of law alone, does not show any substantial ground
of appeal, the Registrar may refer the appeal to the Court for summary
determination, and, where the case is so referred, the Court may, if
they consider that the appeal is frivolous and vexatious, and can be
determined without adjourning the same for a full hearing, dismiss
the appeal summarily, without calling on any persons to attend the
hearing or to appear for the Crown thereon.
(3) The Registrar shall furnish the necessary forms and instruc-
tions in relation to notices of appeal or notices of application under
Part III of the Ordinance to ,anay person who demands the same, and to
officers of courts, the Prison Authority in British Guiana and such other
officers or persons as he thinks fit, and the Prison Authority in British
Guiana shall cause those forms and instructions to be placed at the
disposal of prisoners desiring to appeal or to make any application
under Part III of the Ordinance and shall cause any such notice given
by a prisoner in his custody to be forwarded on behalf of the prisoner
to the Registrar.
(4) The Registrar shall report to the Court or some Judge thereof
any case in which it appears to him that, although no application has
been made for the purpose, a solicitor and counsel, or counsel only,
ought to be assigned to an appellant under the powers given to the Court
by Part III of the Ordinance.









Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. IV. 339

30. (1) In this rule the term "exhibits" includes any documents, Custody
exhibits, or other things connected with proceedings at a trial, of ex-
hibits
(2) The provisions of any law in operation in British Guiana determina-
relating to the custody of exhibits at the trial of any person before an tion of
inferior court pending the determination of an appeal in such proceedings appeal.
to the Full Court of British Guiana-
(a) shall continue to apply to the custody of such exhibits
in all case where an appeal lies under section 33 of the
Ordinance until the expiration of fourteen days from the
determination of the Full Court;
(b) shall mutatis mutandis apply to the custody of such
exhibits after the conviction of .a person entitled to appeal
under section 15 of the Ordinance until the expiration
of fourteen days from the date of conviction; and
(c) in cases where notice of appeal or leave to appeal to the
Court is given within fourteen days after such determina-
tion or conviction (as the case may be), shall mutatis
mutandis apply until the determination of the appeal by
the Court.

ORDER IV
APPEALS FROM FULL COURT'S ORDER ON APPEAL
FROM INFERIOR COURTS
1. The provisions of rules 1. 6 and 15 of Order III shall apply Jnstitu-
to a person desiring to appeal to the Court from an order of the Full tion of
appeals
Court made on appeal from an inferior court save that the references to under se-
Forms 1 and 2 in Appendix C shall be deemed to be references to tion 33
Forms 25 and 26 respectively in that Appendix. of the
Ordinance.
2. Where leave to appeal to the Court is granted by the Full Certifi-
Court, the Registrar of the Full Court shall so certify and such certificate ente of
shall be attached to the notice of appeal. Registrar
of Full
Court
granting
leave to
appeal.

3. In this Order, the date of an order of the Full Court shall be Ascertain-
deemed to be the date on which judgment is delivered or the order made. nent of
dnte of
order of
Full
Court.

4. The time within which a person desirous of appealing shall Time
give notice of appeal or notice of his application for leave to appeal to limit for
the Court shall commence to run from the day of the date of the order appealing.
of the Full Court.









Federal Supreme Court (Appeals from British Guiana) Rules,
340 1959-0. IV.

Notice of 5. An application to the Court for an extension of time within
applica- which notices may be given, shall be in Form 26 in Appendix C. Every
tion for person making an application for such extension of time, shall send to
of time forthe Registrar of the Court below, together with the proper form of
appealing. such application, a form, duly filled up, of notice of appeal, or of notice
Criminal of application for leave to appeal, appropriate to the ground or grounds
Form 26. upon which he desires to question the order of the Full Court.

Signature 6. (1) The provisions of rule 3 of Order III shall apply to an appeal
and under section 33 of the Ordinance save that the first sentence of sub-rule
service (1) shall not apply when the appeal is brought by the prosecution.
of notices.
Criminal (2) A prosecutor-appellant shall serve copies of any notices in
Forms 25 Forms 25 or 26 issued by him on the Respondent; and the Registrar of
and 26. the Court below shall send to the Prosecutor-Respondent copies of any
such notices delivered by a defendant-appellant.

Record 7. (1) The Registrar of the Court below when he has received a
of appeal. notice of appeal or a notice of application for leave to appeal, or a
notice of application for extension of the time within which under these
Rules or the Ordinance such notice shall be given, shall forward to the
Registrar four copies of the proceedings in the Court below; and shall
also forward the original exhibits in the ease as far as practicable and
relevant to the appeal.

(2) For the purposes of this rule, copies of proceedings shall
contain:-
(a) the record on appeal to the Full Court and notes of any
fresh evidence admitted at the hearing of the appeal
insofar as such record and notes are relevant to the
grounds of appeal;
(b) the order of the Full Court and the reasons given by the
Judges thereof.

Applica- 8. The following rules contained in Order III shall apply in the
tion of case of appeals brought under section 33 of the Ordinance:-
R13, 14, Rule 11-(Copies of documents required by appellant)
of Order Rule 13-(Legal Aid)
111. Rule 14--(Applications to a single Judge)

Presence 9.(1) A defendant-appellant, notwithstanding that he is in custody,
of appel- shall be entitled to be present, if he desires it, on the hearing of his
lant at appeal, except where the appeal is on some ground involving a question
wings in of law alone, but in that case and on an application for leave to appeal
the Court. and on any proceedings preliminary or incidental to an appeal, he shall
not be entitled to be present, except where the Court gives him leave to
be present.

(2) The power of the Court to pass any sentence under the
Ordinance may be exercised notwithstanding that the appellant is for
any reason not present.








Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. IV. 341

(3) When an appeal is brought by the prosecution it shall be the
duty of the Registrar to ascertain whether the appellant desires to be
present when the Court considers his appeal.

10. (1) Where any application is made by the prosecution and isNotifiea-
granted in the absence of the respondent, the prosecution shall serve tion of
notice on the respondent of the order of the Court or Judge and where applica-
any application is made by a defendant and i4 granted in the absence tion if
of the prosecution, the defendant shall serve notice of such order ongranted"
the prosecution unless he is in custody in which ease the Registrar shall
notify the prosecution of such order.

(2) Where leave to appeal is granted to a defendant-appellant
the Registrar, if the prosecutor is a private person, shall enquire if he
intends to defend the appeal and, if the answer is in the negative, the
Registrar shall so inform the Attorney General.

11. (1) Where any person who has appealed to the Full Court is inBail.
custody and intimates to a Judge of that Court that he is desirous of
appealing to the Federal Supreme Court against the order of the Full
Court, such Judge may, if he thinks right so to do, order such person
forthwith to enter into recognizances in such amount, and with or
without sureties in such amount, as such Judge may think right, to
prosecute his appeal. The Registrar of the Court below shall forward
the recognizances of the appellant and his surety or sureties to the
Registrar of Court.
(2) If an appellant to whom paragraph (1) of this rule applies
does not sHtve in accordance with these Rules a notice of appeal or of
abandonment of his appeal within fourteen days from the order of the
Full Court, the Registrar of the Court below shall report such omission
to the Court who may after due notice to the appellant or his sureties,
if any, order an estreat of the recognizances of the appellant and his
sureties, and the manner of such estreat shall be that provided for es-
treating recogizances under the law of British Guiana, and may issue
a warrant for the apprehension of the appellant and may commit him
to prison.
(3) Where bail is granted by the Court or by the Full Court the
provision of rule 18 of Order III shall apply:
Provided that in paragraph (8), reference to the Court before
which he was convicted shall be deemed to be a reference to the Full
Court.

12. (1) Where any order of an inferior court is made of the kindTempor-
referred to in paragraphs (1) and (5) of rule 17 of Order III and suchary
order has been suspended pending an appeal to the Full Court, such suspen-
sion of
suspension shall continue for fourteen days after the order of the Full orders.
Court made on such appeal. In case leave to appeal to the Court is
granted within such fourteen days, such order shall be further sus-
pended until the determination of the appeal to the Court. The Court
may by order annul any order to which this rule refers on the deter-








Federal Supreme Court (Appeals from British Guiana) Rules,
342 1959-0. IV.

mination of any appeal under the Ordinance or may vary such order,
and such order, if annulled, shall not take effect, and, if varied, shall
take effect as so varied.

(2) Where the Full Court itself on affirming the order of an
inferior court orders that any disqualification, forfeiture or disability
attach to a party to an appeal from the order of the Full Court the Court
may upon application suspend such disqualification, forfeiture, or
disability until the determination of the proceedings upon appeal.

(3) In any appeal, where any order is suspended as provided
by paragraph (1) of this rule, the Judge of the Full Court shall give
the directions specified in paragraph (3) of rule 17 of Order III and may
direct that such order be not suspended unless the person to whom such
order refers shall give security as prescribed in paragraph (4) of rule
17 of Order III.

(4) No proceedings shall be taken on claims under any law against
a party to any appeal under section 33 of the Ordinance which are based
on the validity of the order of the Full Court from which the appeal is
brought for the period of fourteen days from the order of the Full Court
and in case leave to appeal to the Federal Supreme Court is granted
within such fourteen days until the determination thereof.

(5) The provisions of paragraph (7) and (8) of rule 17 of Order
III shall apply to an appeal under section 33 of the Ordinance save that
in paragraph (7) thereof for the words "the verdict of the jury was
returned" shall be substituted the words "the order of the Full Court
was made".

Varying 13. Any person in whose favour or against whom an order of
order of restitution has been made in any criminal cause or matter shall, on the
restitu-
tion of hearing of an appeal brought in such cause or matter under section 33
property. of the Ordinance, be entitled to be heard by the Court before any order
annulling or varying such order of restitution is made.

Applica- 14. The following rules contained in Order III shall apply in the
tion of case of appeals brought under section 33 of the Ordinance:-
.Rules 19,
22 (1) 23, Rule 19-(Abandonment)
25, 26 & 27
of Order Rule 22(1) and 23-(Notification of result of appeal)
111.
Rule 25-(Return of Exhibits)
Rule 26 and 27-(Taking of evidence before the Court, an
examiner or a special commissioner).









Federal Supreme Court (Appeals from British Guiana) Rules,
1959-0. V. 343

Rule 29(1). (3) and (4) (Duties of Registrar)


ORDER V

APPEALS TO PRIVY COUNCIL


1. (1) Any person aggrieved by the order of a single judge made in Applica-
exercise of his powers under regulation 54 of the Federal Supreme Court tion to
Regulations, 1958 (as applied by the Federal Supreme Court (British Guiana ary order
of single
Appeals) Act, 1958, of the Legislature of the West Indies) may wihtin seven Judge
days of such order apply to the Court (consisting of three judges) to vary, made
under re-
discharge or reverse the order. gulation
54 of th-
(2) An application under this rule shall be by motion supported hv Federal
affidavit, a copy of which shall be served with the notice of motion. Supermen
Court
Regula-
tions,
1958.


Made this Twenty-eighth day of February, 1959.





ERIC HALLINAN.
Chief Justice.





A. B. RENNIE,
Federal Justice.





C. V. H. ARCHER,
Federal Justice.









344 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

APPENDIX A

CIVIL FORMS

Index to Forms


Form
No.

1
2

3


4

5

6

7

8

9
10
11
12


Description of Form

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


Appeal Rules No.

Order II, r. 1(1)
2(1)

5(1)


7(1)

8(1)

13(1) fi) (b)

13(2)

13(3) (b)

14
20(4)
28
32








Federal Supreme Court (Appeals from British Guiana) Rules, 1959 345


O. II, r. 1(1).

CIVIL FORM I
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
NOTICE OF APPEAL
British Guiana
Civil Appeal No.......... of 19 ....
Between
............................... (Plaintiff/Defendant)* Appellant(s)
and
............................... (Plaintiff/Defendant) Respondent(s)
TAKE NOTICE that the (Plaintiff/Defendant) Appellant being
dissatisfied with the decision/that part of the decision* more particularly

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

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

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

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









346 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

0. II, r. 2(1)
CIVIL FORM 2

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF MOTION FOR SPECIAL LEAVE TO APPEAL

British Guiana

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

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

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

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

will be moved on the............... day of .................. 19....

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

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

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

19......

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


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


Appellant or his Solicitor.


To
The Registrar,
Federal Supreme Court.

And t ....... .........................................


fInsert name of respondent.
*Strike out words inapplicable.









Federal Supreme Court (Appeals from British Guiana) Rules, 1959 347

0. II, r. 5(1)

CIVIL FORM 3

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

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

British Guiana

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

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

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

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

dated the ................day of ........................ 19.... should
he varied as follows:- t

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

1.
2.
3, etc.


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



Respondent(s)


To .......................... (Appellant)

and to Registrar.




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








348 Federal Supreme Court (Appeals from British Guiana) Rules, 1959


CIVIL FORM 4


0. II, r. 7(1)


IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE BY RESPONDENT OF INTENTION TO RELY UPON
PRELIMINARY OBJECTION

British Guiana

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

Between

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

and

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

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

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

1.
2.
3, etc.


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





Plaintiff/Defendant)* Respondent(s)


To the above-named (Plaintiff/Defendant)* Appellant(s).


"Strike out words inapplicable.








Federal Supreme Court (Appeals from British Guiana) Rules, 1959 349

0. II, r. 8(1).

CIVIL FORM 5

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

SUMMONS TO PARTIES BY REGISTRAR TO SETTLE RECORD
British Guiana

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

Between

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

and

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

TAKE NOTICE that all parties concerned are required to attend

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

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

at the hour of .......................... in the ............ noon to
settle the record of appeal herein.


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






Registrar (of Court below)

To:


*Strike out words inapplicable.








350 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

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

CIVIL FORM 6

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

AFFIDAVIT OF SERVICE OF NOTICE OF APPEAL

British Guiana

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

Between

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

and

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

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

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

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

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

on the ................. day of ................ 19.... in accordance
with the Federal Supreme Court (Appeals from British Guiana) Rules, 1958.

Sworn to at the ................
addressj
on the ........day of ..........

19......

Before me




Conunissioner of Affidavits.

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


*Strike out words inapplicable.








Federal Supreme Court (Appeals from British Guiana) Rules, 1959 351

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

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


Registrar (of Court below)
To the Respondent, etc.

*Strike out words inapplicable.


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

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


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

and ...................... (Respondent(s))

*Strike out words inapplicable.








352 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

O. II, r. 14.

CIVIL FORM 9

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF WITHDRAWAL OF APPEAL

British Guiana

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

Between

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

and

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

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



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






Appellant(s)

The Registrar,
Federal Supreme Court.

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


*Strike out words inapplicable.









Federal Supreme Court (Appeals from British Guiana). Rules, 1959 353


O. II, r. 20(4).
CIVIL FORM 10
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
BOND FOR COSTS ON APPEAL

British Guiana

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

Know all men, by these presents, that we..........................
.............................. of ................................
and ............................ of ................................
and ............................ of ...............................
are jointly and severally held and firmly bound to.....................
of ........................... in the sum of ................ dollars
of lawful money to be paid to the said ................... ...........
his executors, administrators or assigns, for which payment well and
truly to be made, we bind ourselves, and each of us for himself, in the
whole our and every of our heirs, executors and administrators, firmly by
these presents.

(Sgd.) .................... (Appellant)

.................... (Surety)

.................... (Surety)

DATED the ................ day of ................ in the year
of Our Lord, 19......

WHEREAS a suit is now depending in the Court at ................
wherein the above-bounden .........................................
is ........................ and the said ............................
is ........................ :

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

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








354 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

AND WHEREAS the above-named .............................
and ............. .... ....................................... at the
request of the said ............................................. have
agreed to enter into this obligation for the purposes aforesaid:

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

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


O. II, r. 28.

CIVIL FORM 11
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
CERTIFICATE OF THE ORDER OF THE COURT

British Guiana

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

Appeal from the ...............................................
of the ............................................................
dated the .................... day of .................... 19......



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


This appeal coming on for hearing on the ...................... day
of ...................... 19 ....... before .........................
in the presence of ..................................................
for the Appellant(s), and .........................................
for the Respondent(s).








Federal Supreme Court (Appeals from British Guiana) Rules, 1959 355

I HEREBY CERTIFY that an Order was made as follows:-
Given under my hand and the Seal of the Court this ..................
day of ......................... 19......



Presiding Judge.



Registrar.

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


O. II, r. 32.

CIVIL FORM 12
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
NOTICE OF TAXATION
British Guiana
Civil Appeal No.......... of 19....
Between
................................ (Plaintiff/Defendant)* Appellant(s)
and
............................... (Plaintiff/Defendant)* Respondent(s)

TAKE NOTICE that the Bill of Costs of the ....................
herein, will be taxed on .................. the ......................
day of ...................... 19......, at the hour of ................
o'clock in the............ noon.

Your absence notwithstanding.

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


Taxing Master.

To the above-named Appellant of ....................
and ...................... (Respondent) of ..................


*Strike out words inapplicable.








35'6 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

APPENDIX B

PART I
Fees of Court in Civil Appeals
To be paid to the Deputy Registrar of the Federal Supreme Court
under Order II, rule 29.
$ '
1. On filing notice of appeal against a final judgment or
decision, entering the appeal for hearing and on
judgment thereunder an inclusive fee of .. 12.00
2. On filing respondent's notice of intention to contend
that the decision of Court below be varied .. .. .. 4.80
3. For entering a special case, case stated, point of law or
demurrer for argument, entering same for hearing and
on judgment thereunder an inclusive fee of .. .. 7.20
4. On filing notice of appeal against an interlocutor
order or decision, entering the appeal for hearing and
on judgment thereunder an inclusive fee of .. .. 7.20
5. On making any application not otherwise specifically
provided for, and for filing judgment or order there-
under an inclusive fee of .. .. .. 4.80
6. On filing bond to secure costs of appeal .. .. 2.40
7. On filing motion for leave to appeal to Privy Council .. 2.40
8. On filing every bond where the appeal is to Privy
Council .. 2.40
9. On filing order for leave to appeal to Privy Council .. .. 2.40
10. On appointment to settle record on appeal to Privy
Council .. .. .. .. .. 1.20
11. On sealing record on appeal to the Privy Council .. .. 2.40
12. On filing every document or exhibit for which no
special fee is provided .. .. .. .. .. .60
13. On taxation of bill of costs including certificate .. .. 2.40
14. On certifying any document as an office copy .. .. 1.20
15. If in a foreign language, the actual cost of making and
examining the copy, and, in addition, for marking and
sealing the copy as an office copy .. .. .. 1.20
16. For an office copy of a plan, map, section, drawing,
photograph or diagram, the actual cost of making and
examining the copy, and, in addition, for marking and
sealing the copy as an office copy .. .. 1.20
17. For a copy of reasons for judgment of a Justice or
a Court, per folio of 100 words .. .. .. .. .12
But with a minimum fee, for one set of reasons, of .. .. 1.20
And with a maximum fee for one set of reasons of .. .. 25.20
18. For a copy of a report of a Registrar per folio of
100 words .. .. .. .... .12









Federal Supreme Court (Appeals from British Guiana) Rules, 1959 357

19. On perusing and allowing by a Judge or Registrar of
any bond .. .. .. .. 1.20
20. On sealing a writ of subpoena not exceeding three
persons . .. . . 1.20
21. For a certificate of a Registrar for which no special fee
is provided .. .. .. .. 1.20
22. On obtaining appointment for examination of a witness
before an officer of the Court or other person .. .. 1.20
23. In respect of every witness examined by an officer or
other person in his office, for each hour or part of an
hour .. .. .. .. 1.20
24. For an examination of witnesses away from the office
of the examiner, the reasonable travelling and other
expenses in addition to the fee chargeable under
Item 23 .. .
25. For making every search .. .. .. .. .60
26. For an office copy of any document filed in the
Registry, per folio of 100 words, for the first folio .. .. .24
For every other folio or part thereof . .. .. .12

PART II
Fees payable to Court from which appeal is brought under
Order II, rule 29.
1. On office copies of any document to be included in
record including judges' notes of evidence, for the
first folio to consist of 100 words .. .. .24
For every other folio or part thereof .. .. .. .12
2. On certifying any document as an office copy .. .. 1.20
3. Transcript of shorthand writer's notes, such fee as may
be determined by the Registrar.
The fees to be taken in the offices of the Marshal or a
Deputy Marshal are the same as those which, by the
practice of the Supreme Court of British Guiana are
required to be taken by the Marshal or Deputy
Marshal in respect of a like proceeding or act in a
cause pending in that Court.

PART III
Legal Practitioners' Fees in Civil Appeals
Schedule of Allowances
(Save in respect of Item 19, a folio shall consist of one hundred words
(or figures) or parts thereof; four figures to count as a word).

Instructions
$ d
1. Instructions to file notice of appeal (including grounds
of appeal) .. .. .. 10.08








358 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

2. Instructions to file notice of intention to contend that
decision be varied (including grounds on which
respondent will rely) .. .. .. .. .. 10.08
3. Instructions to file any application relative to an appeal .. 5.04
4. Instructions to appear for the respondent to any
application to an appeal .. .. .. .. 5.04
5. Instructions to file case stated or special case having
regard to the amount involved in the appeal, its nature,
importance and difficulty, the interest of the parties, the
other costs to be allowed, the general conduct of the
proceedings and all other relevant circumstances .. .. 10.08
6. Instructions for affidavit and for any other inter-
locutory matter, the charge for which is not specified
in these scales .. .. .. .. 2.52
7. Instructions for brief to counsel to advise or to settle
pleadings. This will be allowed where justifiable
under the circumstances of the particular case .. .. 5.04

Drawing notices of appeal and other documents
8. Drawing notice of appeal including grounds of per folio for the
appeal ..... first 20 folios.
9. Drawing notice of motion .. .. .. 72 and there-
nafter per folio
10. Drawing a case stated .. ... 36 .
11. Drawing notice of intention to contend that decision (The minimum
be varied
bevaried .. .. .. .. charge under
12. Drawing any order ... these items shall
13. Drawing any petition, affidavit, any notice except a be $5.04 save
formal notice, sumnons, further particulars or request that the mini-
for further particulars mum shall not
apply in the case
14. Drawing any writs of execution, arrest or attachment of verifying affi-
and any other important document not otherwise davits of service
provided for .. .... and other formal
15. Drawing index of record or any index to brief .. affidavits).
16. Drafting Instructions to Counsel with brief on any'
matter .. ... .. 720.

17. Drawing any subpoena or any formal notice each
document ....1.20
18. Drafting a letter or telegram .. .. 1.80
If more than one folio, for each additional folio . .36
Copy to keep, where necessary, per folio .. .. .. .12
19. Drawing Bill of Costs, per folio .. .. .72
NOTE: A folio is to comprise 72 words, every
figure comprised in a column or authorised
to be used being counted as one word.








Federal Supreme Court (Appeals from British Guiana) Rules, 1959 359

Copying
20. Copies of the record on appeal, if prepared by the
appellant's attorney or solicitor, such fee for the first
copy and such fee for additional copies as the Registrar
may consider reasonable.
(If not prepared by the appellant's attorney or solicitor
the reasonable cost of the record as a disbursement.)
21. Copies of any matter required for the Court, for
counsel, for the attorney or for service or for any other
necessary purpose, for the first copy per folio .. .. .24
For each additional copy per folio .. .. .. .12

A ttendances
22. At the Registry (clerk's attendance) .. .. 1.60
23. On the Registrar in chambers at the rate per hour
or part thereof (to be increased at the discretion of
the Taxing Officer) .. .. .. .. 5.04
24. On an opposite party, if necessary and proper, the
like as under the preceding items ..
25. On a Judge in chambers at the rate per hour of
part thereof (to be increased at the discretion of the
Taxing Officer) .. .. .. 7.56
26. In Court where matter listed but not reached, on
any day for each hour or part thereof necessarily and
justifiably spent .. .. .. .. .. 5.04
27. Attendance on receipt of letter or telegram .. .. 1.20
28. Attendance on receipt of formal acknowledgement .. .. .80
29. Other merely formal attendances including attendances
to file, to swear affidavits or to bespeak copies .. .. 1.60
30. Attendances not purely f o r m a and including
attendances on witnesses and others to obtain
statements and other materials for brief on trial or for
use at trial but not including attendances to represent
parties at hearing in Court or chambers;
Such fee as may be reasonable according to circum-
stances with a minimum fee of in respect of each hour
or part thereof .. .. .. .. 5.04
31. Attendance to inspect or produce pursuant to notice
per hour or part thereof .. .. .. 5.04
32. Attendance before a Registrar in chambers on
taxation matters for each hour or part thereof .. .. 5.04
33. Attending at hearing as solicitor of an appeal or any
other matter in Court for each day as may be necessary
such sum as may, in the opinion of the Taxing Officer,
be reasonable not being less than .. .. .. 15.12
34. Attending Court to hear reserved judgment per hour .. .. 5.04
35. Attendance upon a shorthand writer to obtain
copy of transcript for appellate purposes .. .. 2.52








360 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

36. Attending to issue writ of execution .. .. .. 2.52
37. Any attendance not specifically provided for .. .. 1.80
38. Journeys necessarily undertaken. An allowance for
the time necessarily occupied on the journey and, in
the case of a journey to attend the trial, to include
an allowance for the time which, in the opinion of the
Taxing Officer, a legal representative is necessarily
detained at the place of trial. Such sum per day,
including Sundays, as the Taxing Officer may think
reasonable, not to exceed .. .. .. 25.20
Disbursements for fares, hotel and transport expenses
are also to be allowed, but not for normal out of pocket
expenses other than board and lodging.
The disbursement allowed for travelling by motor car
shall be at the rate of 24 cents per mile provided the
total distance travelled exceeds three miles. For
journeys under three miles no allowance shall be made
for travelling by motor car.
39. Agency correspondence if shown to the satisfaction of
the Taxing Officer that such correspondence has -been
necessary and reasonable. Such sums as would be
allowed under items 18 or 40.
40. Letters, messages, etc. Such fee including letters not
otherwise allowed between party and party as the
Taxing Officer may consider reasonable not exceeding 2.52

Perusals
41. Perusals of any necessary documents for the first 10
folios per folio .. .. .. .. .. .48
For each subsequent folio . .. .12

Disbursements
42. All Court fees, counsel's fees and other fees and
payments which, in the opinion of the Taxing Officer
have been properly paid, shall be allowed.

Maps, Plans and Models
43. The Taxing Officer may allow ,such fees for maps,
plans and models for use at the trial or hearing as he
considers reasonable.

Marshal and Bailiff's fees
44. There shall be paid to Marshals and Bailiffs such fees
and travelling and subsistence allowances as are by
law prescribed for the service or execution of any
sunmons, warrant, writ, or other process of the
Supreme Court of British Guiana.








Federal Supreme Court (Appeals from British Guiana) Rules, 1959 361

PART IV

Witnesses', Interpreters', Special Conmmissioners' and Examiners' Fees
Under Order II, rule 31
Subsistence Allowances payable to Witnesses
1. Subject to the provisions of this Part, a subsistence allowance shall
be paid to a witness at the following rate:-
(a) in the case of a professional man or a person who is .earning
at a rate in excess of $4,800.00 per annum, $5.04 per hour
but not exceeding $15.12 per day;
(b) in all other cases at the rate prescribed by the rules of the
Supreme Court of British Guiana.
2. No allowance shall be paid in any criminal proceeding to a witness
who is an officer in the public service of the Federation of The West Indies
or a Territory thereof or of British Guiana other than an hourly or daily
paid employee.
3. A subsistence allowance shall only be paid to a witness in respect
of the period during which he is necessarily detained and which is reasonably
spent in travelling to and from the place where the Court is -sitting.
4. No additional subsistence allowance shall be payable to a witness
who gives evidence in more than one case on the same day.
5. By order of the Court a qualifying fee may be allowed to a witness
in a proper case at the same rate as would be allowed to him for attending
the Court.
Remuneration of Interpreters
6. Interpreters shall be paid at the rate prescribed by the rules of the
Supreme Court of British Guiana.
No remuneration will be paid in any criminal proceeding to an
interpreter who is a member of the Federal or Territorial Public Services
or of the British Guiana Public Service.
The Registrar may increase the scales of remuneration prescribed
in this Part if, in his opinion, strict adherence to such scales would cause
undue hardship.
Travelling Allowances payable to witnesses, special
Commissioners and Assessors
7. Subject to the provisions of this Part, a witness, special commissioner
or assessor who travels by air, rail or other public conveyance shall be
entitled to a refund of the actual fare paid by him.
8. If the journey cannot be reasonably performed by air, rail or other
public conveyance, a witness, special commissioner or assessor may use his
own mode of transport and, in such case, shall be paid a travelling allowance
at the following rate:-
(a) if motor transport is used, 24 cents per mile or part thereof;
(b) if motor-cycle transport is used, 8 cents per mile or part
thereof;
(c) If cycle transport is used, 4 cents per mile or part thereof.








362 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

9. If a witness, special commissioner or assessor conveys another person
who is a witness, special commissioner or assessor in or on his own
conveyance, the rate of allowance payable to him in terms of paragraph 2
shall be increased by an additional 4 cents per mile or part thereof in respect
of each person so conveyed.

10. A witness, special commissioner or assessor who travels in or on
the conveyance of another person who is a witness, special commissioner
or assessor shall not be entitled to any travelling allowance.

11. No travelling allowance shall be paid to a witness, special
-commissioner or assessor who resides within two miles of the place at which
the Court is sitting.

12. When two or more modes or routes of travelling are reasonably
available to a witness, special commissioner or assessor the travelling
allowance payable -to such person shall be at the rate for travelling by the
.mode or route which entails the least cost.

13. When a witness, special commissioner or assessor travels by rail,
the travelling allowance payable to him shall be for travel by such class as
he might reasonably be expected to travel.

Remuneralion of Special Conmmissioners and Assesssors
14. A -special commissioner or assessor shall be remunerated at the
rate of $5.04 per hour or part thereof, but his remuneration shall not exceed
$25.20 per day.









Federal Supreme Court (Appcals from British Guiawna Rules, 1959 363

APPENDIX C

CRIMINAL FORMS

Index to Forms


Form
No.

1




2


3

4


5


6

7


8

9

10


11


12

13


14


,, 19(1)


Appeal Rules No.

III, r. 1 & 15




1 &6


2(1)

,, 8(5)


14


14

16(2)


16(2)

S 16(3)


16(3)

18(3)


18(3)

18(5)


18(6) & (8)


Description of Form

Notice of Appeal or Application for
leave to appeal against conviction or
sentence under section 15 of the
Federal Supreme Court (Appeals)
Ordinance, 1958.

Notice of Application for Extension
of time within which to appeal.

Judge's Certificate.

Declaration verifying transcript of
shorthand notes.

Notification to Appellant of a single
Judge's decision.

Notice of Appeal by Appellant from
refusal of a single Judge.
Recognizance of Appellant sentenced
to payment of a fine.

Recognizance of Sureties for
Appellant sentenced to a fine.
Notice of breach of his recognizance
to Appellant sentenced to a fine.

Notice to Surety for Appellant of
estreat of recognizances.

Recognizance of Bail of Appellant
convicted on indictment.

Recognizance of Appellant's Sureties.

Notice to Officer in Charge of Prisons
to release Appellant on bail.

Warrant for arrest of Appellant on
bail.

Notice of abandonment.









364 Federal Supreme Court (Appeals from British Guiana) Rules, 1959


Form Anneal Rules No.
No.

16 0. III. r. 19(2)

17 ,, 22(1)


18 .. 22(1)


19 22(1)


20 ,, 22(1) &
23(1)

21 ,, 26(1)


22 26(2)


23 ,, 26(5)


24 ,, 26(7)


25 0. IV, r. 5(2)


,, 4


Description of Form

Notification of abandonment of appeal.

Notification to Appellant df result of
application.

Notice to authorities of result of
application.

Notification to Appellant of the result
of his appeal.

Notice to authorities of result of
appeal.

Order to witness to attend Court for
examination.

Appellant's application for further
witness.

Notice to witness to attend before an
examiner.

Caption for deposition of witness
examined before examiner.

Notice of appeal or application for
leave to appeal from an order of the
Full Court made upon appeal under
section 33 of the Federal Supreme
Court (Appeals) Ordinance, 1958.

Notice of application for extension of
the time within which to appeal.









Federal Supreme Court (Appeals from British Guiana) Rules, 1959 365

0. 1Il, rr. 1 & 15.
CRIMINAL FORM I
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL
AGAINST CONVICTION OR SENTENCE UNDER SECTION 15 OF
THE FEDERAL SUPREME COURT (APPEALS) ORDINANCE, 1958
British Guiana
Criminal Appeal No.......... of 19....
TO THE REGISTRAR OF THE FEDERAL SUPREME COURT
Name of Appellant ................................................
Convicted at the (1) .................... held at...................
Offence of which convicted (2) ................................. .
Sentence ................. ..................................... .
D ate when convicted (3) ........................... ................
Date when sentence passed (3) .....................................
Name of Prison (4) ........................................ ......
I the above-named appellant hereby give you notice that I desire
to appeal to the Federal Supreme Court against my (5)................
on the grounds hereinafter set forth on page 2 of this notice.
(Signed) (6).................. .......... ...... ............

Appellant
Dated this (7).......... day of.................. A.D .... .......
QUESTIONS (8) ANSWERS
1. Did the judge before whom
you were tried grant you a
certificate that it was a fit
case for appeal?
2. Do .you desire the Federal
Supreme Court to assign you
legal aid? .. .......
If your answer to this ques-
tion is "Yes" then answer the
following questions:-
(a) What was your occupa-
tion and what wages,
salary or income were
you receiving before your
conviction ?
(b) Have you any means to
enable you to obtain
legal aid for yourself? ..........








866 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

3. Is any solicitor now acting
for you?
If so, give his name and
address.
4. Do you desire to be present
when the Court considers
your appeal? (9)
5. Do you desire to apply for
leave to call any witnesses on
your appeal?
If your answer to this ques-
tion is "Yes" you must also
fill in Form 22 and send it
with this notice.
Grounds of Appeal or
Application. (10)
Notes:
(1) Assizes or County Sessions.
(2) e.g. Larceny, Forgery, Habitual Criminal.

(3) Set out the actual date upon which the appellant was convicted.
(4) If not in custody here set out appellant's address in full.
(5) If the appellant wishes to appeal against conviction he must write
the word "conviction". If he wishes to appeal against sentence he
must write the word "sentence". If he wishes to appeal against
both conviction and sentence he must write the words "conviction"
and "sentence".
(6) This notice must be signed by the appellant. If he cannot write
he must affix his mark in the presence of a witness. The name
and address of such attesting witness must be given.

(7) If this notice is signed more than ten days after conviction or
sentence appealed against the appellant must also fill in Form 3 and
send it with this notice.
(8) The appellant must answer each of these questions.
(9) An appellant is not entitled to be present on the hearing of an
application for leave to appeal.
(10) These must be filled in before the notice is sent to the Registrar.
The appellant must here set .out the grounds or reasons he alleges
why his conviction should be quashed or his sentence reduced.
If one of the grounds set out is "misdirection" by the judge,
particulars of such alleged misdirection must be set out in this
notice.
The appellant can also, if he wishes, set out, in addition to his
above reasons, his case and argument fully.









Federal Supreme Court (Appeals from British Guiana) Rules, 1959 367


0. III, rr. 1 & 6.

CRIMINAL FORM 2

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

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

British Guiana

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

TO THE REGISTRAR OF THE FEDERAL SUPREME COURT.

I.................. ............... ..................

having been convicted of the offence of. ............... .............
Here state
.. . ............ ..in the ....................................... the offence,
e.g.,
larceny,
Court held at............................. ...... ............... murder,
forgery,
on the................. ................... day of ................etc.

19.....,and being now a prisoner in Her Majesty's Prison at



* (or now living at.............................................) en
give you notice that I hereby apply to the Court for an extension ofapplicnnt
time within which I may give Notice of Appeal (or Notice of application for any
reason
for leave to Appeal) on the grounds following:- not in
custody.
(Signed)
(or mark) Here
set out
clearly
and con-
cisely the
reasons
for the
delay in
giving
......... ......................... such
Applicant. notice
and the
Signature and address of grounds on
witness attesting mark. which you
submit the
Court
Dated this ................... day of ................... 19 ..... should
extend
You are required to send to the Registrar of the Court, dulythe time.
filled up Form 1, together with this Notice.









868 Federal Supreme Court (Appeals from British Guiana) Rules, 1959


0. III, r. 2(1).

CRIMINAL FORM 3

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

JUDGE'S CERTIFICATE

British Guiana

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

REG. v.

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

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


State W HEREAS the said......................... ........
shortly was tried and convicted before me, the undersigned, in the said Court
the offence,
e.g.
larceny, on the.............................. day of ....................
murder,
forgery,
pet. on a charge of ............................................... and

was thereupon sentenced by me to ................................




I DO HEREBY CERTIFY that the case is a fit case for an appeal

by the said .......................................................
to the Court upon the following grounds:-
Here
specify in
general
terms the
grounds
on which
certificate
granted.

Judge


DATED THIS.........................day of..............19.....








Federal Supreme Court (Appeals from British Guiana) Rules, 1959 369

0. III, r. 8(5).

CRIMINAL FORM 4

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

DECLARATION VERIFYING TRANSCRIPT OF SHORTHAND
NOTES

British Guiana

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

REG. v.

I......., .. ........ ...............................

of .............. ....... ................................... .....
do solemnly and sincerely declare that, having been required by the
Registrar of the Federal Supreme Court to furnish him a transcript of
the shorthand note relating to the trial (or other proceeding) in relation

to. ................................................ .which shorthand

note is now produced and shown to me marked ........................
and purporting to have been signed and certified by me, I have made
a correct and complete transcript thereof to the best of my skill and
ability in pursuance of the said requirement, which said transcript is
now shown to me marked "B" And 1 make this declaration
conscientiously believing the same to be true, and according to the
Statutory Declarations Ordinance, and I am aware, that if there is any
statement in this declaration which is false in fact, which I know or
believe to be false or do not believe to be true, I am liable to fine and
imprisonment.


DATED THIS........................ day of..............19.....


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








370 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

0. Ill, r. 14.

CRIMINAL FORM 5

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTIFICATION TO APPELLANT OF A SINGLE JUDGE'S
DECISION

British Guiana

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

REG. v.

I hereby give you notice that a Judge of the Federal Supreme
Court having considered your applications) for-

(a) Leave to appeal:

(b) extension of time within which notice of appeal or of
application for leave to appeal may be given;

(c) Permission to be present during the hearing of any
proceedings in your appeal;

(d) Admission to bail;

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

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

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


DATED THIS........................ day of..............19.....






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


To the above-named.








Federal Supreme Court (Appeals from British Guiana) Rules, 1959 371

0. III, r. 14.

CRIMINAL FORM 6

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF APPEAL BY APPELLANT FROM REFUSAL OF
A SINGLE JUDGE

British Guiana

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

REG. v.

TO TIE REGISTRAR OF THE FEDERAL SUPREME COURT

I.......................... ............... ...........
having received your notification that my applications) for-

(a) Leave to appeal;
(b) Extension of the time within which notice of appeal or
application for leave to appeal may be given;
(c) Permission to me to be present during the hearing of any
proceedings in my appeal;
(d) Admission to bail.
has/have been refused,

DO HEREBY GIVE YOU NOTICE that I desire that the said
applications) shall be considered and determined by the Court (land
that as I am not legally represented I desire to be present at the
determination of my said applicationss*

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


Appellant.
Signature and address of
witness attesting mark

Dated this.................... day of......................19.......
If you desire to state any reasons in addition to those set out by
you in your original notice upon which you submit that the Court should
grant your said applications) you may do so in the space below.


*Strike out words inapplicable.









372 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

0. III, r. 16(2).
CRIMINAL FORM 7
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
RECOGNIZANCE OF APPELLANT SENTENCED TO PAYMENT
OF A FINE
British Guiana
Criminal Appeal No ......... of 19 ....
REG. v.
TO WIT: Be it remembered that whereas..................
o f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
was on the................... day of.......................... 19 ....
convicted of ..................................... and was thereupon
sentenced to pay the sum of $......................... as a fine for
*Here his said offence by the *... ................. ...................
fill in
the Court alnd has intimated to the said Court that he desires to appeal against
of trial, his said conviction on a question of law alone (or upon a certificate
of the Judge of the said Court that his is a fit case for appeal.) And
whereas the said Court considers that the said Appellant may, in lieu
of payment at and upon his said conviction of the said sum, be ordered
to enter into recognizance of bail himself in the sum of $ ........... and
with .............. sureties each in the sum of $ .................
to prosecute his said appeal before the Federal Supreme Court.
This said .. ... ....................................
doth hereby acknowledge himself to owe to Our Lady the Queen the
said sum of $............. of good and lawful money, to be made and
levied of his goods and chattels, lands and tenements, to the use of
Our said Lady the Queen, hor heirs and successors, if he the said
................................. .... fail in the condition endorsed.
Taken and acknowledged this............... day of............
19......,at the said Court at and before the Judge of the said Court.
(Sign ed) ...............................
CONDITION
The condition of the within written recognizance is such that
if the said.. ........ ........ ... ..................
of............................................of...................
shall personally appear and be present at and before the Federal
Supreme Court at each and every hearing of his appeal to such Court
and at the final determination thereof and then and there prosecute his
said appeal and abide by the judgment of such Court, and not depart
or be absent from such Court, at any such hearing without leave of
such Court, and pay the said sum of $...................... or such
sum as such Court may order to the Registrar thereof, then this
recognizance shall be void, otherwise of full force and effect.
(Signed )...............................
Appellant.








Federal Supreme Court (Appeals from British Gulian) Rules, 1959 373

0. III, r. 16(2).
CRIMINAL FORM S
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
RECOGNIZANCES OF SURETIES FOR APPELLANT
SENTENCED TO A FINE.
British Guiana
Criminal Appeal No ......... of 19 ...
REG. v.
TO WIT: Be it remembered that on the...................day of
. .. .. . .... 1 9 . .. ... .. . . . .. . . .. . . ... .. .. .. .
of ............................................................ and

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








374 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

0. III, r. 16(3).

CRIMINAL FORM 9

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

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

British Guiana

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

REG. v.

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

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

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

................ ...............................................

and were sentenced to the payment of $......,and in default of such
payment to imprisonment, and you entered into recognizance in the

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

sum of .................. each, to prosecute your appeal, and whereas
fourteen days have elapsed since your said conviction, and no notice
of appeal has been served by you, NOW I HEREBY GIVE you notice
that unless you attend at the sitting of the Court to be holden on the

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





(Signed)..............................
Registrar,
Federal Supreme Court.










Federal Supreme Court (Appeals from British Guiana) Rules, 1959 375


0. IIT, r. 16(3).

CRIMINAL FORM 10

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE TO SURETY FOR APPELLANT OF ESTREAT OF
RECOGNIZANCES

British Guiana

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

REG. v.

T O ............ ...... .. .... ...... .. .................. ...
Here fill
f in surety's
.......... ... .................................................. name and
address.

WHEREAS you the above-named, became duly bound in

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

..............................having been convicted of..............

and for his said offence fined the suni of $......................
should duly prosecute an appeal in relation to the said conviction before

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

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







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









376 Federal Svwfrcicm Court (Appeals from British Guiana) Rules, 1959

0. IH, r. 18(3).
CRIMINAL FORM 11
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
RECOGNIZANCE OF BALL OF APPELLANT CONVICTED ON
INDICTMENT
British Guiana
Criminal Appeal No ........ of 19 ....
REG. v.
BE IT REMEMBERED THAT WHEREAS ...................
was convicted of ................... ............................on the
........ day of................ 19......(and was thereupon sentenced
to ........................................ ), and now is in lawful
custody in Her Majesty's Prison at...............................
and has duly appealed against his conviction (and sentence) to the
Court, and has applied for bail pending the determination of his appeal,
and has been granted bail on entering into his own recognizances in the
sum of $...... ......... ........ with ...................... sureties
each in the sum of $........... the said .........................
personally cometh before me the undersigned, being the..............
.................................. and acknowledges himself to owe
State to Our Lady the Queen the said sum of $........... of good and lawful
money, to be made and levied of his goods and chattels, lands and
tenements to the use of Our said Lady the Queen, her heirs and
successors, if he the said ......................................
fail in the condition endorsed.
Taken and acknowledged this ... ........................... ...
day of .........................19.....,at ... ...................
before me.
btate Signed ...............................
ioffce. Office: Ma:gistrate, etc.
CONDITION
The couidrion of the within written recognizance is such that if
the said........................... ......................
shall personally appear and surrender himself at and before the Federal
Supreme Court at each and every hearing of his appeal to such Court
and at the final determination thereof and then and there abide by the
judgment of such Court and not depart or be absent from such Court at
any hearing without the leave of such Court, and in the meantime not
depart from hi usual place of abode without the leave of such Court,
then this recognizance shall be void, otherwise of full force and effect.
The followkug to be filled up by the Appellant and signed by him.
When released on bail my residence, to which any Notices, etc.,
are to be addre, is-d, will be as follows:-

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









Federal Supreme Court (Appeals from British Guianaw) Rules, 1959 377

0. Ill, r. 18(3).
CRIMINAL FORM 12
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
RECOGNIZANCE OF APPELLANT'S SURETIES
British Guiana
Criminal Appeal No ........of 19....
REG. v.
BE LT REMEMBERED that on this.....................
day of .................. 19 ...... ................... .........
of ................................. nd ........... ........
........... ......... ... of........................... ...... .. ..
personally came before me, the undersigned, being tihe. ..............
................. of....................... ......... and severally
acknowledged themselves to owe to Our Lady the Queen the several
sums following, that is to say, the said .............................
.......................the sum of $.............. ............... and
the said ............................. the sum of $.................
of good and lawful money to be made and levied of their goods and
chattels, lands and tenements respectively, to the u-se of Our said Lady
the Queen, her heirs and successors, if ............................
.................. .........now in lawful custody in Her Majesty's
Prison at........................... .................fail in the
condition hereon endorsed.
Taken and acknowledged before me the undersigned, the day and
year first above-mentioned.

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









378 Federal Supreme Court (Appeals from British Guiana) Rules,

0. III, r. 18(5).
CRIMINAL FORM 13
IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION
NOTICE TO OFFICER IN CHARGE OF PRISONS TO RELEASE
APPELLANT ON BAIL
British Guiana
Criminal Appelal No......... of 19....
REG. v.
TO THE OFFICER IN CHARGE OF PRISONS
WHEREAS...............................................
was convicted of...........................................on the
...... ................ day of ................... .19......(and was
thereupon sentenced to ........................................ .)
and now is in lawful custody in Her Majesty's Prison at................
...... .. W........ ,. .. ........ ......... . ...
AND WHEREAS ....... .......... ............
having duly appealed to the Federal Supreme Court against such
conviction (and/or sentence) [and has now appealed against the Order
of the Full Court made on the................................day of
...........................19.....]and having duly applied to that
Court/ to the Court, has been granted bail by the said Court pending
the determination of his said appeal on entering into recognizances
himself in the sum of $..................................... ,(and
with ............ ....................... sureties each in the sum of
$ .......................), in the forms provided under these Rules.
AND WHEREAS I, the Registrar of the said Court, have been
given to understand that the said .................................
is now in your lawful custody in the said prison under the said
conviction and sentence.
AND WHEREAS I have received a recognizance of the
said ............................................ and recognizances
from ................... ...................................
sureties for the said.............................................
and the said recognizances are in due form and in compliance with the
order of the said Federal Supreme Court admitting the said
....................................................... to bail.
Now I do give you notice that if the said ......................
.. ............................................d.. o remain in your
custody under the said conviction (and sentence) and for no other
cause you shall on receipt of this notice suffer him to go at large. And
this notice shall be your authority in that behalf.
DATED this ............... day of..................... 19....

(Signed)................................
Deputy Registrar,
Federal Supreme Court.








Federal Supreme Court (Appeals from British Guiana) Rules, 379

0. IIT, r. 18 (6) & (8).

CRIMINAL FORM 14

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

WARRANT FOR ARREST OF APPELLANT ON BAIL

British Guiana

Original Appeal No ........ of 19....

REG. v.

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

PRISON A T ... ................................ ..

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

said............................ ............................

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

said...................................................... and bring

him to the (a) .................................. of the said prison
and there deliver him with this warrant into the custody of the (a) State
Offiee
said (a) ................... ....................... ... . and you the radof

said (a) ............................................... are hereby

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



Presiding Judge.



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








380 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

0. 11I, r. 19(1).
CRIMINAL FORM 15

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF ABANDONMENT

British Guiana

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

REG. v.

TO THE REGISTRAR OF THE FEDERAL SUPREME COURT

I,. ......... ........ ....................... having been

convicted of.................. ..............................in the

...................... ............. Court at .................. ..

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

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

(Signed)
(or mark)


For signa- Signature and address of
ture see
Order eII, witness attesting mark.
rule 3.


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








Federal Supreme Court (Appeals from British Guiana) Rules, 1959 381

0. III, r. 19(2).

CRIMINAL FORM 16

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTIFICATION OF ABANDONMENT OF APPEAL

British Guiana

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

REG. v.

TO THE HONOURABLE THE ATTORNEY GENERAL.


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

the above-named. ..................................................
a notice of abandonment of all proceedings in regard to his appeal to

the Court. The said notice is dated the ...........................

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


By Order III, rule 19(1) of the Federal Supiieme Court (Appeals
from British Guiana) Rules, 1958, upon the notice of abandonment being
given the appeal shall be deemed to have been dismissed by the Court.


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




Registrar of the Court.


Send copies addressed to:-

(a) The Governor's Secretary for the information of the Governor
or the Officer for the time being administering the Government,
if the conviction involved a sentence of death.
(b) The Attorney General or other respondent.
(c) The Prison Authority, and
(d) The Registrar of the Court below.








382 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

0. III, r. 22(1).

CRIMINAL FORM 17

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTIFICATION TO APPELLANT OF RESULT OF APPLICATION

British Guiana

Criminal Appoal No ........ of 19....

REG. v.

To the above-named Appellant.

This is to give you notice that the Court have considered the
matter of your application for-

(a) leave to appeal to the said Court;
(b) leave to extend the time within which you may give notice
of appeal or of application for leave to appeal;
(c) permission to be present during the proceedings in your appeal;
(d) admission to bail;
(e) insert here nature of any other application that may have been
made;

and have finally determined the same and have this day given judgment
to the effect following:-














Registrar of the Federal Supreme Court.



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









Federal Supreme Court (Appeals from British Guiana) Rules, 1959 383


0. III, r. 22(1).
CRIMINAL FORM 18

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE TO AUTHORITIES OF RESULT OF APPLICATION

British Guiana

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

REG. v.

To the lonourable the Attorney General*-

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

This is to give you notice that the above-mentioned having applied
for-
(a) leave to appeal to the said Court;
(b) leave to extend the time within which he may give notice of
appeal or of application for leave to appeal;
(c) permission to be present during the proceedings in his appeal;
(d) admission to bail;
(e) insert here nature of any other application that may have. been
made,

the Court have this day finally determined his said applications and
have given judgment to the effect following:-


Here set
out the
decision
of the
Court.



Registrar of the Federal Supreme Court.


*Send copies addressed to:--
(a) The Governor's Secretary for the information of the Governor, or the
Officer for the time being administering the Government if sentence of
death has been passed.
(b) The Attorney General or other respondent.
(c) The Prison Authority, and
(d) The Registrar of the Court below.









384 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

0. III, r. 22(1).

CRIMINAL FORM 19

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION


NOTIFICATION


TO APPELLANT OF TIE RESULT
HIS APPEAL


British Guiana

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

REG. v.

To the above-named Appellant.

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










Registrar of the Federal Supreme Court.


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









Federal Supreme Court (Appeals from British Guiana) Rules, 1959 385


0. III, rr. 22(1) & 23(1).

CRIMINAL FORM 20

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE TO AUTHORITIES OF RESULT OF APPEAL

British Guiana

Original Appeal No ........ of 19....

REG. v.

To the Honourable the Attorney General*-

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

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

against his conviction of the offence of ............................

before the Court, and/or the sentence of............................

passed upon him for the offence of ................................

by the .................................... ............... Court, the
Federal Supreme Court have finally determined the said appeal, and have
this day given judgment therein to the effect following-

Here set
out the
decision
of the
Court.


Registrar of the Federal Supreme Court.



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

*Send copies addressed to:-
(a) The Governor's Secretary for the information of the Governor, or the
Officer for the time being administering the Government if sentence of
death is involved.
(b) The Attorney General or other respondent.
(e) The Prison Authority, and
(d) The Registrar of the Court below.









386 Federal Supreme Court (Appeals from British Guiana) Rules, 1959


0. III, r. 26(1).

CRIMINAL FORM 21

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

ORDER TO WITNESS TO ATTEND COURT FOR EXAMINATION

British Guiana

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

REG. v.

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

of...........................................................


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


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

................................... on .............. the .........

day of ..............................19..... at............... o'clock

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











Registrar of the Federal Supreme Court.


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


Name, etc.
of witness.









Federal Supreme Court (Appeals from British Guiana) Rules, 1959 387

0. III, r. 26(2).

CRIMINAL FORM 22

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

APPELLANT'S APPLICATION FOR FURTHER WITNESS

British Guiana

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

REG. v.

I ...........................................................
having appealed to the Court, hereby request you to take notice that
I desire that the said Court shall order the witnesses hereinafter
specified to attend the Court and be examined on my behalf.
For signa-
ture see
Order IIIn,
(Signed) rule 3.
(or Mark)




Appellant.


Signature and address of
witness attesting mark.



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


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

1. Names'and addresses of witnesses.

2. Whether such witnesses have been examined at trial.

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

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

State shortly the evidence you think they can give.









388 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

0. III, r. 26(5).

CRIMINAL FORM 23

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE TO WITNESS TO ATTEND BEFORE AN EXAMINER

British Guiana,

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

REG. v.

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

of.................... ..........................................


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


(a) Specify This is to give you notice to attend at (a) ......................
place of
examina-
tion. on the..............................day of .................19......

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



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





Registrar of the Federal Supreme Court.


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









Federal Supreme Court (Appeals from British Guiana) Rules, 1959 389

0. III, r. 26(7).

CRIMINAL FORM 24

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION


CAPTION FOR DEPOSITION OF WITNESS EXAMINED BEFORE
EXAMINER


British Guiana


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

REG. v.

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

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

......................... .......of ...............................

and ....................... of..................................
witnesses, examined before me under an order of the said Court dated

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

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

at ............... .. ......... ............. on the................

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


The deposition of................ ..........................

of ............................................... ................

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









390 Federal Supreme Court (Appeals from British Guiana) Rules, 1959

0. 1V, r. 6(2).

CRIMINAL FORM 25

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO
APPEAL FROM AN ORDER OF THE FULL COURT MADE
UPON APPEAL UNDER SECTION 33 OF THE FEDERAL
SUPREME COURT (APPEALS) ORDINANCE, 1958

British Guiana

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

Between

...................... (Prosecutor/Defendant) Appellant

and

..................... (Prosecutor/Defendant) Respondent

TO THE REGISTRAR OF THE COURT

TAKE NOTICE that the Prosecutor/Defendant* Appellant
desires to appeal against the judgment/order/that part of the
judgment/order* more particularly stated in paragraph 2 hereof
contained in a judgment/order of the Full Court dated the

....... ........ ............ day of .....................19.....upon
the grounds set out in paragraph 3 and will at the hearing seek the order
set out in paragraph 4.

And the Appellant further states that the names and addresses.
including his own, of the persons directly affected by the appeal are those
set out in paragraph 5.

2. (State the offence or misconduct, the subject of the criminal
cause or matter, and, the finding and sentence or order of the
inferior court and of the Full Court thereon).


*Strike out words inapplicable.









Federal Supreme Court (Appeals from British Guiana) Rules, 1959 391

3. (a) (State whether appeal is brought under paragraph (b) of section
33(1) of the Federal Supreme Court (Appeals) Ordinance, 1958,
and, if so, state the grounds).
(b) (If not under paragraph (b) of section 33 (1), state the ground
of law).
4. (State the order sought from the Federal Supreme Court).
5. Persons directly affected by the appeal.
Name Address
(1)
(2)
(3) etc.
Questions to be answered by the appellant
(only to be answered by a prosecutor-appellant)
(A) Has the Full Court granted leave to appeal? If so, attach the
Certificate of the Registrar of the Full Court to this Form.
(B) Is the defendant-respondent in custody? If so, in what prison?
Questions (only to be answered by a defendant appellant)
Questions Answers
1. Do you desire the Federal
Supreme Court to assign you
legal aid ?
If your answer to this ques-
tion is 'Yes' then answer the
following questions:-- I
(a) What was your occupa-
tion and what wages,
salary or income were
you receiving before
your conviction? .... ...........
(b) Have you any means to
enable you to obtain
legal aid for yourself? ...............
2. Is any solicitor now acting
for you ?
If so, give his name and
address. ...............
3. Are you in custody? ......... ..................
If so, state- ................................
(a) the Prison ............................
(b) whether you desire to be
present when the Court
hears you appeal. ...............

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

(Signed) .............................
Appelant(s).










392 Federal Supreme Court (Appeals from British Guiana) Rules, 1959


0. IV, r.(5).

CRIMINAL FORM 26

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

NOTICE OF APPLICATION FOR EXTENSION OF TIIE TIME
WITHIN WHICH TO APPEAL

British Guiana

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

TO THE REGISTRAR OF THE COURT

TAKE NOTICE that the Prosecutor/Defendant Appellant hereby
applies to the Court for an extension of time within which to give notice
of appeal/notice of application for leave to appeal against the judgment/

order of the Full Court contained in a judgment order dated the

............. day of ................................... 19..... and
*Form 25. more particularly stated in the notice of appeal attached hvroto.*

The grounds for this application to extend the time are as
follows:-
Here set
out clearly
and con-
cisely the
reasons
for the
delay in
giving such
notice and
the ground
on which
it is sub-
mitted that
the Court
should ex-
tend the
time.


Applicant.


Note:
The applicant is required to send to the Registrar of tlhe Court,
duly filled up, Form 25, together with this notice.


Printed by Yuille's Printerie Limited, Trinidad,
by authority of the Government of The West Indies.




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