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Group Title: West Indies gazette
Title: The West Indies gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076857/00099
 Material Information
Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
Publisher: Govt. Print. Off.
Place of Publication: Port of Spain Trinidad
Publication Date: July 17, 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: VID00099
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - ABV7930
oclc - 01646171
alephbibnum - 000328383

Table of Contents
    Main
        Page 77
        Page 78
    Legal Supplement
        A-476
    Legal Supplement: pt. 1 Acts of the Federal Legislature (No. 3 of 1959): The Marine Insurance Act, 1959
        A-477
        A-478
        A-479
        A-480
        A-481
        A-482
        A-483
        A-484
        A-485
        A-486
        A-487
        A-488
        A-489
        A-490
        A-491
        A-492
        A-493
        A-494
        A-495
        A-496
        A-497
        A-498
        A-499
        A-500
        A-501
        A-502
        A-503
        A-504
        A-505
        A-506
        A-507
        A-508
        A-509
        A-510
        A-511
        A-512
        A-513
        A-514
        A-515
        A-516
    Legal Supplement: pt. 1 Acts of the Federal Legislature (No. 4 of 1959): The Immunities and Privileges (International Organisations and Overseas Countries) Act, 1959
        A-517
        A-518
        A-519
        A-520
        A-521
        A-522
        A-523
        A-524
        A-525
        A-526
        A-527
        A-528
        A-529
    Legal Supplement
        A-565
    Legal Supplement: pt. 2 Statutory Instruments (No. 18 of 1959): The Federal Supreme Court (Appeal) Rules, 1959
        A-566
        A-567
        A-568
        A-569
        A-570
        A-571
        A-572
        A-573
        A-574
        A-575
        A-576
        A-577
        A-578
        A-579
        A-580
        A-581
        A-582
        A-583
        A-584
        A-585
        A-586
        A-587
        A-588
        A-589
        A-590
        A-591
        A-592
        A-593
        A-594
        A-595
        A-596
        A-597
        A-598
        A-599
        A-600
        A-601
        A-602
        A-603
        A-604
        A-605
        A-606
        A-607
        A-608
        A-609
        A-610
        A-611
        A-612
        A-613
        A-614
        A-615
        A-616
        A-617
        A-618
        A-619
        A-620
        A-621
        A-622
        A-623
        A-624
        A-625
        A-626
        A-627
        A-628
        A-629
        A-630
        A-631
        A-632
        A-633
        A-634
        A-635
        A-636
        A-637
        A-638
        A-639
        A-640
        A-641
        A-642
        A-643
        A-644
        A-645
        A-646
        A-647
        A-648
        A-649
        A-650
        A-651
        A-652
        A-653
        A-654
        A-655
        A-656
        A-657
        A-658
        A-659
        A-660
        A-661
        A-662
        A-663
        A-664
Full Text














The West Indies Gazette


VOL. 2 FRIDAY, 17TH JULY, 1959 No. 38


TABLE OF CONTENTS

GAZETTE NOTICES
No. SUBJECT MATTER PAGE NO. SUBJECT MATTER PAGE

82 Assent to Bills ... ... ... ... 77 84 Acting Appointment ... ... ... ... 77
83 Assent to Bills ... ... ... ... 77

LEGAL SUPPLEMENT

PART I-ACTS OF THE FEDERAL LEGISLATURE
(Including Regulations made under section 2 of the West Indies (Federation) Order in Council, 1957).
No. PAGE No. PAGE
3 of 1959 The Marine Insurance Act, 1959 ... 477 4 of 1959 The Immunities and Privileges
(International Organisations and
Overseas Countries) Act, 1959 ... 517


PART II-STATUTORY INSTRUMENTS
No. PAGE
18 of 1959 The Federal Supreme Court
(Appeal) Rules, 1959 ... ... 566


ASSENT TO BILLS


IT is hereby notified that on 9th July, 1959, His Excellency the Governor-General Assented to the Bills passed
by the Senate and the House of Representatives for the following Acts:-
The Marine Insurance Act, 1959-No. 3 of 1959.
The Immunities and Privileges (International Organisations and Overseas Countries) Act, 1959-
No. 4 of 1959.

83
ASSENT TO BILLS

IT is hereby notified that on 13th July, 1959, His Excellency the Acting Governor-General Assented to the Bills
passed by the Senate and the House of Representatives for the following Acts:-
The Land Acquisition Act, 1959-No. 5 of 1959.
The Exchange Control Act, 1959-No. 6 of 1959.

84
ACTING APPOINTMENT

CONSEQUENT on the transfer of Mr. S. S. Ramphal to the Government Service of British Guiana,
Mr. F. O. C. HARRIS, Assistant Legal Draftsman, has been appointed to act as Solicitor General in the Federal
Government Service of the West Indies with effect from the 15th July, 1959, and until further notice, vice
Mr. D. A. S. de Freitas.
GOVERNMENT PRINTING OFFICE, TRINDAD, W.I.-1959






























THE WEST INDIES GAZETTE


Vol. 2 FRIDAY, 17th JULY, 1959 No. 38


LEGAL SUPPLEMENT

PART I-ACTS OF THE FEDERAL LEGISLATURE

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

TABLE OF CONTENTS
No. Page
3 of 1959 The Marine Insurance Act, 1959 477
4 of 1959 The Immunities and Privileges (International
Organizations and Overseas Countries) Act, 1959 517




























THE WEST INDIES

ACT No. 3 of 1959.

THE MARINE INSURANCE ACT, 1959

ARRANGEMENT OF SECTIONS

Section
INTRODUCTORY
1. Short title and commencement.
2. Interpretation.
3. Application.
4. Saving of rules of common law.

MARINE INSURANCE
5. Marine insurance defined.
6. Mixed sea and land risks.
7. Marine adventure and maritime perils defined.

INSURABLE INTEREST
8. Avoidance of wagering or gaming contracts.
9. Insurable interest defined.
10. When interest must attach.
11. Defeasible or contingent interest.
12. Partial interest.
13. Re-insurance.
14. Bottomry.
15. Master's and seamen's wages.
16. Advance freight.
17. Charges of insurance.
18. Quantum of interest.
19. Assignment of interest.
20. Prohibition of gambling on loss by maritime perils.









The Marine Insurance Act, 1959


INSURABLE VALUE
21. Measure of insurable value.

DISCLOSURE AND REPRESENTATIONS
22. Insurance is uberrimae fidei.
23. Disclosure by assured.
24. Disclosure by agent effecting insurance.
25. Representations pending negotiation of contract.
26. When contract is deemed to be concluded.

THE POLICY
27. Contract must be embodied in policy.
28. What policy must specify.
29. Signature of insurer.
30. Voyage and time.
31. Designation of subject matter.
32. Valued policy.
33. Unvalued policy.
34. Floating policy by ship or ships.
35. Construction of terms in policy.
36. Premium to be arranged.

DOUBLE INSURANCE
37. Double insurance.

WARRANTIES, &c.
38. Nature of warranty.
39. ,When breach of warranty excused.
40. Express warranties.
41. Warranty of neutrality.
42. No implied warranty of nationality.
43. Warranty of good safety.
44. Warranty of seaworthiness of ship.
45. No implied warranty that goods are seaworthy.
46. Warranty of legality.

THE VOYAGE
47. Implied condition as to commencement of risk.
48. Alteration of port of departure.
49. Sailing for different destination.
50. Change of voyage.
51. Deviation.
52. Several ports of discharge.
53. Delay in voyage.
54. Excuses for deviation or delay.








479 The Marine Insurance Act, 1959

ASSIGNMENT OF POLICY

55. When and how policy is assignable.
56. Assured who has no interest cannot assign.

THE PREMIUM
57. When premium payable.
58. Policy effected through broker.
59. Effect of receipt on policy.

LOSS AND ABANDONMENT
60. Included and excluded losses.
61. Partial and total loss.
62. Actual total loss.
63. Missing ship.
64. Effect of transhipment, &c.
65. Constructive total loss defined.
66. Effect of constructive total loss.
67. Notice of abandonment.
68. Effect of abandonment.

PARTIAL LOSSES (INCLUDING SALVAGE AND GENERAL
AVERAGE AND PARTICULAR CHARGES)
69. Particular average loss.
70. Salvage charges.
71. General average loss.

MEASURE OF INDEMNITY
72. Extent of liability of insurer for loss.
73. Total loss.
74. Partial loss of ship.
75. Partial loss of freight.
76. Partial loss of goods, merchandise, &c.
77. Apportionment of valuation.
78. General average contributions and salvage charges.
79. Liabilities to third parties.
80. General provisions as to measure of indemnity.
81. Particular average warranties.
82. Successive losses.
83. Suing and labouring clause.

RIGHTS OF INSURER ON PAYMENT
84. Right of subrogation.
85. Right of contribution.
86. Effect of under insurance.








The Marine Insurance Act, 1959 480

RETURN OF PREMIUM
87. Enforcement of return.
88. Return by agreement.
89. Return for failure of consideration.

MUTUAL INSURANCE
90. Modificaticn of Act in case of mutual insurance.

SUPPLEMENTAL
91. Ratification by assured.
92. Implied obligations varied by agreement or usage.
93. Reasonable time, &c. a question of fact.
94. Slip as evidence.

SCHEDULE.







181 The Marine Insurance Act, 1959


I ASSENT

[L.S.] HAILES

GOVERNOR-GENERAL

9th July, 1959.






An Act relating to marine insurance.

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

INTRODUCTORY
Short title 1. This Act may be cited as the Marine Insurance
and com- Act, 1959, and shall come into operation upon such day as
menee-
met. the Governor-General shall by proclamation appoint.

Interpre- 2. In this Act, unless the context otherwise requires,-
tatiou. "action" includes counter-claim and set off;
"freight" includes the profit derivable by a ship-
owner from the employment of his ship to carry
his own goods or moveables, as well as freight
payable by a third party, but does not include
passage money;
"moveables" means any moveable tangible pro-
perty, other than the ship, and includes money,
valuable securities, and other documents;
"policy" means a marine policy.








The Marine Insurance Act, 1959 482

3. (1) This Act shall apply to the Cayman Islands and APPlica-
the Turks and Caicos Islands.
(2) This Act shall apply to contracts of marine
insurance:
Provided that it shall not apply to marine
insurance undertaken by the Government of any Territory
other than insurance undertaken by the Government of any
Territory that extends beyond the limits of that Territory.

(3) This Act shall not apply to contracts of marine
insurance made before the commencement of this Act.

4. The rules of the common law, including the lawSaving of
rules of
merchant, save in so far as they are inconsistent with then,,,n
express provisions of this Act, shall apply to contracts oflaw.
marine insurance.

MARINE INSURANCE
5. A contract of marine insurance is a contractMarine
whereby the insurer undertakes to indemnify the assured, J"n cee
in manner and to the extent thereby agreed, against marine
losses, that is to say, the losses incident to marine adventure.

6. (1) A contract of marine insurance may, by its express Mixed
terms, or by usage of trade, be extended so as to protect the seaand
assured against losses on inland waters or on any land risk
which may be incidental to any sea voyage.

(2) Where a ship in course of building, or the launch
of a ship, or any adventure analogous to a marine adventure,
is covered by a policy in the form of a marine policy, the
provisions of this Act, in so far as applicable, shall apply
thereto; but except as by this section provided, nothing in
this Act shall alter or affect any rule of law applicable to any
contract of insurance other than a contract of marine
insurance as by this Act defined.

7. (1) Subject to the provisions of this Act, every lawfulMarine ad-
venture
marine adventure may be the subject of a contract of marineand mari-
insurance. time
perils
defined.







The Marine Insurance Act, 1959


(2) In particular there is a marine adventure where-

(a) any ship, goods or other moveables are
exposed to maritime perils. Such property
is in this Act referred to as "insurable
property";

(b) The earning or acquisition of any freight,
passage money, commission, profit, or other
pecuniary benefit, or the security for any
advances, loan, or disbursements, is en-
dangered by the exposure of insurable
property to maritime perils.

(c) Any liability to a third party may be incurred
by the owner of, or other person interested
in or responsible for, insurable property, by
reason of maritime perils.

"Maritime perils" means the perils consequent on, or
incidental to, the navigation of the sea, that is to say, perils
of the seas, fire, war perils, pirates, rovers, thieves, captures,
seizures, restraints and detainments of princes and peoples,
jettisons, barratry, and any other perils, either of the like
kind or which may be designated by the policy.
INSURABLE INTEREST
Avoidance 8. (1) Every contract of marine insurance by way of
of wager- wgrn
ing or gaming or wagering is void.
gaming
taets. (2) A contract of marine insurance is deemed to be a
gaming or wagering contract-

(a) where the assured has not an insurable
interest as defined by this Act, and the
contract is entered into with no expectation
of acquiring such an interest; or

(b) where the policy is made "interest or no
interest", or "without further proof of
interest than the policy itself", or "without
benefit of salvage to the insurer", or subject
to any other like term:







The Marine Insurance Act, 1959 484

Provided that, where there is no possibility oC
salvage, a policy may be effected without benefit of salvage to
the insurer.

9. (1) Subject to the provisions of this Act, every personInsurable
has an insurable interest who is interested in a marine dene
adventure.

(2) In particular a person is interested in a marine
adventure where he stands in any legal or equitable relation
to the adventure or to any insurable property at risk therein,
in consequence of which he may benefit by the safety or due
arrival of insurable property, or may be prejudiced by its
loss, or by damage thereto, or by the detention thereof, or
may incur liability in respect thereof.

10. (1) The assured must be interested in the subject-when in-
matter insured at the time of the loss though he need not beattae.h.m
interested when the insurance is effected:

Provided that where the subject-matter is insured
"lost or not lost", the assured may recover although he may
not have acquired his interest until after the loss, unless at
the time of effecting the contract of insurance the assured
was aware of the loss, and the insurer was not.

(2) Where the assured has no interest at the time of
the loss, he cannot acquire interest by any act or election after
he is aware of the loss.

11. (1) A defeasible interest is insurable, as also is aDefeasible
contingent interest, or con-
tingent
interest.
(2) In particular, where the buyer of goods has insured
them, he has an insurable interest, notwithstanding that he
might, at his election, have rejected the goods, or have treated
them as at the seller's risk, by reason of the latter's delay in
making delivery or otherwise.

12. A partial interest of any nature is insurable. Partial
interest.
13. (1) The insurer under a contract of marine insuranceRe-in-
has an insurable interest in his risk, and may re-insure insurance.
respect of it.







The Marine Insurance Act, 1959


(2) Unless the policy otherwise provides, the original
assured has no right or interest in respect of such re-
insurance.
Bottomry 14. The lender of money on bottomry or respondentia
has an insurable interest in respect of the loan.

Master's 15. The master or any member of the crew of a ship
and sea-
men's has an insurable interest in respect of his wages.
wages.
Advance 16. In the case of advance freight, the person
freight.
S advancing the freight has an insurable interest, in so far as
such freight is not repayable in case of loss.

Charges 17. The assured has an insurable interest in the
of insur-
ance. charges of any insurance which he may effect.

Quantum 18. (1) Where the subject-matter insured is mortgaged,
of inter-
est. the mortgagor has an insurable interest in the full value
thereof, and the mortgagee has an insurable interest in
respect of any sum due or to become due under the mortgage.

(2) A mortgagee, consignee, or other person having an
interest in the subject-matter insured may insure on behalf
and for the benefit of other persons interested as well as for
his own benefit.

(3) The owner of insurable property has an insurable
interest in respect of the full value thereof, notwithstanding
that some third person may have agreed, or be liable, to
indemnify him in case of loss.

Assign- 19. Where the assured assigns or otherwise parts with
ment of
interest, his interest in the subject-matter insured, he does not thereby
transfer to the assignee his rights under the contract of
insurance, unless there be an express or implied agreement
with the assignee to that effect.

But the provisions of this section do not affect a
transmission of interest by operation of law.







The Marine Insurance Act, 1959 486

20. (1) If- Prohibi-
tion of
gambling
_a)on loss by
(a) any person effects a contract of marine in-maritime
surance without having any bona fide interest, perils.
direct or indirect, either in the safe arrival of
the ship in relation to which the contract is
made or in the safety or preservation of the
subject-matter insured, or a bona fide
expectation of acquiring such an interest; or

(b) any person in the employment of the owner of
a ship, not being a part owner of the ship
effects a contract of marine insurance in
relation to the ship, and the contract is made
"interest or no interest", or "without further
proof of interest than the policy itself", or
"without benefit of salvage to the insurer", or
subject to any other like term,

the contract shall be deemed to be a contract by way of
gambling on loss by maritime perils, and the person effecting
it shall be guilty of an offence, and shall be liable, on summary
conviction, to imprisonment, with or without hard labour,
for a term not exceeding six months or to a fine not exceeding
one thousand dollars, and in either case to forfeit to the
Crown any money he may receive under the contract.

(2) Any broker or other person through whom, and
any insurer with whom, any such contract is effected shall
be guilty of an offence and liable on summary conviction to
the like penalties if he acted knowing that the contract was
by way of gambling on loss by maritime perils within the
meaning of this Act.

(3) (a) Proceedings under this Act shall not be
instituted without the consent of the Attorney General of
the Federation or the Attorney General of the Territory in
which the proceedings are instituted.







The Marine Insurance Act, 1959


(b) For the purposes of this subsection the
expression "Attorney General", in relation to any Territory
of the Leeward Islands or Windward Islands, includes the
Crown Attorney of that Territory.

(4) Proceedings shall not be instituted under this
Act against a person (other than a person in the employment
of the owner of the ship in relation to which the contract was
made) alleged to have effected a contract by way of gambling
on loss by maritime perils until an opportunity has been
afforded him of showing that the contract was not such a
contract as aforesaid, and any information given by that
person for that purpose shall not be admissible in evidence
against him in any prosecution under this Act.

(5) If proceedings under this Act are taken against
any person (other than a person in the employment of the
owner of the ship in relation to which the contract was made)
for effecting such a contract, and the contract was made
"interest or no interest", or "without further proof of interest
than the policy itself", or "without benefit of salvage to the
insurer", or subject to any other like term, the contract shall
be deemed to be a contract by way of gambling on loss by
maritime perils unless the contrary is proved.

(6) For the purpose of giving jurisdiction under this
Act, every offence shall be deemed to have been committed
either in the place in which the same actually was committed
or in any place in which the offender may be.

(7) For the purposes of this section the expression
"owner" includes charterer.

INSURABLE VALUE
Measure 21. Subject to any express provision or valuation in
of insur- the policy, the insurable value of the subject-matter insured
must be ascertained as follows:-

(1) In insurance on ship, the insurable value is
the value, at the commencement of the risk,
of the ship, including her outfit, provisions and







The Marine Insurance Act, 1959 488

stores for the officers and crew, money
advanced for seamen's wages, and other dis-
bursements (if any) incurred to make the ship
fit for the voyage or adventure contemplated
by the policy, plus the charges of insurance
upon the whole:

The insurable value, in the case of a
steamship, includes also the machinery,
boilers, and coals and engine stores if owned
by the assured, and, in the case of a ship
engaged in a special trade, the ordinary
fittings requisite for that trade;

(2) In insurance on freight, whether paid in
advance or otherwise, the insurable value is
the gross amount of the freight at the risk of
the assured, plus the charges of insurance;

(3) In insurance on goods or merchandise, the
insurable value is the prime cost of the pro-
perty insured, plus the expenses of and
incidental to shipping and the charges of
insurance upon the whole;

(4) In insurance on any other subject-matter, the
insurable value is the amount at the risk of the
assured when the policy attaches, plus the
charges of insurance.

DISCLOSURE AND REPRESENTATIONS
22. A contract of marine insurance is a contract basedISurance
is uber-
upon the utmost good faith, and, if the utmost good faith berimae
not observed by either party, the contract may be avoided byfaei.
the other party.

23. (1) Subject to the provisions of this section, theDis-
assured must disclose to the insurer, before the contract is "by
concluded, every material circumstance which is known to assured.
the assured, and the assured is deemed to know every cir-







The Marine Insurance Act, 1959


cumstance which, in the ordinary course of business, ought
to be known by him. If the assured fails to make such dis-
closure, the insurer may avoid the contract.

(2) Every circumstance is material which would
influence the judgment of a prudent insurer in fixing the
premium, or determining whether he will take the risk.

(3) In the absence of inquiry the following circum-
stances need not be disclosed, namely:-

(a) any circumstance which diminishes the risk;

(b) any circumstance which is known or presumed
to be known to the insurer. The insurer is
presumed to know matters of common
notoriety or knowledge, and matters which an
insurer in the ordinary course of his business,
as such, ought to know;

(c) any circumstance as to which information is
waived by the insurer;

(d) any circumstance which it is superfluous to
disclose by reason of any express or implied
warranty.

(4) Whether any particular circumstance, which is not
disclosed, be material or not is, in each case, a question of
fact.

(5) The term "circumstance" includes any communi-
cation made to, or information received by, the assured.

Disclosure 24. Subject to the provisions of the preceding section
by agent as to circumstances which need not be disclosed, where an
effecting
insurance, insurance is effected for the assured by an agent, the agent
must disclose to the insurer-

(a) every material circumstance which is known
to himself, and an agent to insure is deemed
to know every circumstance which in the
ordinary course of business ought to be known
by, or to have been communicated to, him; and








The Marine Insurance Act, 1959 490

(b) every material circumstance which the
assured is bound to disclose, unless it come to
his knowledge too late to communicate it to
the agent.

25. (1) Every material representation made by theRepresen-
tations
assured or his agent to the insurer during the negotiations forpending
the contract, and before the contract is concluded, must benegotia-
true. If it be untrue the insurer may avoid the contract. contract.
(2) A representation is material which would influence
the judgment of a prudent insurer in fixing the premium,
or determining whether he will take the risk.
(3) A representation may be either a representation as
to a matter of fact, or as to a matter of expectation or belief.
(4) A representation as to a matter of fact is true, if
it be substantially correct, that is to say, if the difference
between what is represented and what is actually correct
would not be considered material by a prudent insurer.
(5) A representation as to a matter of expectation or
belief is true if it be made in good faith.
(6) A representation may be withdrawn or corrected
before the contract is concluded.
(7) Whether a particular representation be material or
not is, in each case, a question of fact.

26. A contract of marine insurance is deemed to beWhen con-
tract is
concluded when the proposal of the assured is accepted by thedeemed to
insurer, whether the policy be then issued or not; and, for thebe con-
purpose of showing when the proposal was accepted, reference euded.
may be made to the slip or covering note or other customary
memorandum of the contract, although it be unstamped.

THE POLICY
27. Subject to the provisions of any Act, a contract ofContract
marine insurance is inadmissible in evidence unless it isemodied
embodied in a marine policy in accordance with this Act. The in policy.
policy may be executed and issued either at the time when the
contract is concluded, or afterwards.








The Marine Insurance Act, 1959


What 28. A marine policy must specify- '
policy
must (1) the name of the assured, or of some person
specify who effects the insurance on his behalf;

(2) the subject-matter insured and the risk
insured against;
(3) the voyage, or period of time, or both, as the
case may be, covered by the insurance;
(4) the sum or sums insured;
(5) the name or names of the insurers.
Signa- 29. (1) A marine policy must be signed by or on behalf
ture of
insurer of the insurer, provided that in the case of a corporation the
corporate seal may be sufficient, but nothing in this section
shall be construed as requiring the subscription of a
corporation to be under seal.
(2) Where a policy is subscribed by or on behalf of
two or more insurers, each subscription, unless the contrary
be expressed, constitutes a distinct contract with the assured.
voyage and 30. (1) Where the contract is to insure the subject-matter
time.
"at and from", or from one place to another or others, the
policy is called a "voyage policy", and where the contract is
to insure the subject-matter for a definite period of time the
policy is called a "time policy". A contract for both voyage
and time may be included in the same policy.
(2) A time policy which is made for any time exceed-
ing twelve months is invalid:
Provided that a time policy may contain an agree-
ment to the effect that, in the event of the ship being at sea
or the voyage being otherwise not completed on the expiration
of the policy, the subject-matter of the insurance shall be
held covered until the arrival of the ship at her destination, or
for a reasonable time thereafter not exceeding thirty days;
and the policy shall not be invalid on the ground only that by
reason of such agreement it may become available for a period
exceeding twelve months.

Designa- 31. (1) The subject-matter insured must be designated in
tion of
subject a marine policy with reasonable certainty.
matter.







The Marine Insurance Act, 1959 492

(2) The nature and extent of the interest of the
assured in the subject-matter insured need not be specified
in the policy.
(3) Where the policy designates the subject-matter
insured in general terms, it shall be construed to apply to the
interest intended by the assured to be covered.
(4') In the application of this section regard shall be
had to any usage regulating the designation of the subject-
matter insured.

32. (1) A policy may be either valued or unvalued. Valued
policy.
(2) A valued policy is a policy which specifies the
agreed value of the subject-matter insured.
(3) Subject to the provisions of this Act, and in the
absence of fraud, the value fixed by the policy is, as between
the insurer and assured, conclusive of the insurable value of
the subject intended to be insured, whether the loss be total
or partial.

(4) Unless the policy otherwise provides, the value
fixed by the policy is not conclusive for the purpose of
determining whether there has been a constructive total loss.

33. An unvalued policy is a policy which does not unvalued
specify the value of the subject-matter insured, but, subjectp""lcy
to the limit of the sum insured, leaves the insurable value to
be subsequently ascertained, in the manner herein-before
specified.

34. (1) A floating policy is a policy which describes theFloating
insurance in general terms, and leaves the name of the ship orpiYy by
ships and other particulars to be defined by subsequentships.
declaration.
(2) The subsequent declaration or declarations may be
made by endorsement on the policy, or in other customary
manner.
(3) Unless the policy otherwise provides, the declara-
tions must be made in the order of dispatch or shipment.
They must, in the case of goods, comprise all consignments
within the terms of the policy, and the value of the goods or







493 The Marine Insurance Act, 1959

other property must be honestly stated, but an omission or
erroneous declaration may be rectified even after loss or
arrival, provided the omission or declaration was made in
good faith.
(4) Unless the policy otherwise provides, where a
declaration of value is not made until after notice of loss or
arrival, the policy must be treated as an unvalued policy as
regards the subject-matter of that declaration.

Con- 35. (1) A policy may be in the form in the Schedule to
traction this Act.
of terms Act.
in policy.
(2) Subject to the provisions of this Act, and unless
the context of the policy otherwise requires, the terms and
expressions mentioned in the Schedule to this Act shall be
construed as having the scope and meaning in that schedule
assigned to them.

Premium 36. (1) Where an insurance is effected at a premium to be
r ged. arranged, and no arrangement is made, a reasonable premium
is payable.
(2) Where an insurance is effected on the terms that
an additional premium is to be arranged in a given event,
and that event happens but no arrangement is made, then a
reasonable additional premium is payable.

DOUBLE INSURANCE
Double 37. (1) Where two or more policies are effected by or on
insurance. behalf of the assured on the same adventure and interest or
any part thereof, and the sums insured exceed the indemnity
allowed by this Act, the assured is said to be over-insured
by double insurance.
(2) Where the assured is over-insured by double
insurance-
(a) the assured unless the policy otherwise
provides, may claim payment from the
insurers in such order as he may think fit,
provided that he is not entitled to receive any
sum in excess of the indemnity allowed by
this Act;







The Marine Insurance Act, 1959


(b) where the policy under which the assured
claims is a valued policy, the assured must
give credit as against the valuation for any
sum received by him under any other policy
without regard to the actual value of the
subject-matter insured;
(c) where the policy under which the assured
claims is an unvalued policy he must give
credit, as against the full insurable value, for
any sum received by him under any other
policy;
(d) where the assured receives any sum in excess
of the indemnity allowed by this Act, he is
deemed to hold such sum in trust for the
insurers, according to their right of contri-
bution among themselves.

WARRANTIES, &c.
38. (1) A warranty, in the following sections relating toNature of
warranties, means a promissory warranty, that is to say, warranty.
warranty by which the assured undertakes that some parti-
cular thing shall or shall not be done, or that some condition
shall be fulfilled, or whereby he affirms or negatives the
existence of a particular state of facts.
(2) A warranty may be express or implied.
(3) A warranty, as above defined, is a condition which
must be exactly complied with, whether it be material to the
risk or not. If it be not so complied with, then, subject to
any express provision in the policy, the insurer is discharged
from liability as from the date of the breach of warranty, but
without prejudice to any liability incurred by him before that
date.

39. (1) Non-compliance with a warranty is excused when, When
by reason of a change of circumstances, the warranty ceasesbreach of
warranty
to be applicable to the circumstances of the contract, or whenexcusea.
compliance with the warranty is rendered unlawful by any
subsequent law.
(2) Where a warranty is broken, the assured cannot
avail himself of the defence that the breach has been
remedied, and the warranty complied with, before loss.







The Marine Insurance Act, 1939


(3) A breach of warranty may be waived by the
insurer.

Express 40. (1) An express warranty may be in any form of words
warranties, from which the intention to warrant is to be inferred.

(2) An express warranty must be included in, or
written upon, the policy, or must be contained in some
document incorporated by reference into the policy.
(3) An express warranty does not exclude an implied
warranty, unless it be inconsistent therewith.

warranty 41. (1) Where insurable property, whether ship or goods,
of neutra- is expressly warranted neutral, there is an implied condition
lity. that the property shall have a neutral character at the
commencement of the risk, and that, so far as the assured can
control the matter, its neutral character shall be preserved
during the risk.
(2) Where a ship is expressly warranted "neutral"
there is also an implied condition that, so far as the assured
can control the matter, she shall be properly documented,
that is to say, that she shall carry the necessary papers to
establish her neutrality, and that she shall not falsify or
suppress her papers, or use simulated papers. If any loss
occurs through breach of this condition, the insurer may avoid
the contract.

No im- 42. There is no implied warranty as to the nationality
pianty of a ship, or that her nationality shall not be changed during
of nation- the risk.
ality.
Warranty 43. Where the subject-matter insured is warranted
of good "well" or "in good safety" on a particular day, it is sufficient
safety if it be safe at any time during that day.

warranty 44. (1) In a voyage policy there is an implied warranty
of esa- that at the commencement of the voyage the ship shall be
worthiness
of ship. seaworthy for the purpose of the particular adventure
insured.
(2) Where the policy attaches while the ship is in port,
there is also an implied warranty that she shall, at the
commencement of the risk, be reasonably fit to encounter the
ordinary perils of the port.







The Marine Insurance Act, 1959


(3) Where the policy relates to a voyage which is per-
formed in different stages, during which the ship requires
different kinds of or further preparation or equipment, there
is an implied warranty that at the commencement of each
stage the ship is seaworthy in respect of such preparation
or equipment for the purposes of that stage.
(4) A ship is deemed to be seaworthy when she is
reasonably fit in all respects to encounter the ordinary perils
of the seas of the adventure insured.
(5) In a time policy there is no implied warranty that
the ship shall be seaworthy at any stage of the adventure, but
where, with the privity of the assured, the ship is sent to sea
in an unseaworthy state, the insurer is not liable for any loss
attributable to unseaworthiness.

45. (1) In a policy on goods or other moveables there is noNo im-
implied warranty that the goods or moveables are seaworthy.Panty
that goods
(2) In a voyage policy on goods or other moveablesare sea
there is an implied warranty that at the commencement of worthy.
the voyage the ship is not only seaworthy as a ship, but also
that she is reasonably fit to carry the goods or other move-
ables to the destination contemplated by the policy.

46. There is an implied warranty that the adventurewarranty
insured is a lawful one, and that, so far as the assured cano legality.
control the matter, the adventure shall be carried out in a
lawful manner.

THE VOYAGE
47. (1) Where the subject-matter is insured by a voyageImplied
policy "at and from" or "from" a particular place, it is notoas tio
necessary that the ship should be at that place when thecom-
eneement
contract is concluded, but there is an implied condition that~o risk.
the adventure shall be commenced within a reasonable time,
and that if the adventure be not so commenced the insurer
may avoid the contract.
(2) The implied condition may be negatived by
showing that the delay was caused by circumstances known
to the insurer before the contract was concluded, or by
showing that he waived the condition.







The Marine Insurance Act, 1959


Alteration 48. Where the place of departure is specified by the
of port
of policy, and the ship instead of sailing from that place sails
departure. from any other place, the risk does not attach.
Sailing 49. Where the destination is specified in the policy,
for
different and the ship, instead of sailing for that destination, sails for
destina- any other destination, the risk does not attach.
tion.
Change of 50. (1) Where, after the commencement of the risk, the
voyage, destination of the ship is voluntarily changed from the
destination contemplated by the policy, there is said to be
a change of voyage.
(2) Unless the policy otherwise provides, where there
is a change of voyage, the insurer is discharged from liability
as from the time of change, that is to say, as from the time
when the determination to change it is manifested; and it is
immaterial that the ship may not in fact have left the course
of voyage contemplated by the policy when the loss occurs.

Deviation. 51. (1) Where a ship, without lawful excuse, deviates
from the voyage contemplated by the policy, the insurer is
discharged from liability as from the time of deviation, and
it is immaterial that the ship may have regained her route
before any loss occurs.
(2) There is a deviation from the voyage contemplated
by the policy-
(a) where the course of the voyage is specially
designated by the policy, and that course is
departed from; or
(b) Where the course of the voyage is not speci-
fically designated by the policy, but the usual
and customary course is departed from.
(3) The intention to deviate is immaterial; there must
be a deviation in fact to discharge the insurer from his
liability under the contract.
several 52. (1) Where several ports of discharge are specified by
ports of the policy, the ship may proceed to all or any of them, but, in
the absence of any usage or sufficient cause to the contrary,
she must proceed to them, or such of them as she goes to, in
the order designated by the policy. If she does not there is
a deviation,








The Marine Insurance Act, 1959 498

(2) Where the policy is to "ports of discharge", within
a given area, which are not named, the ship must, in the
absence of any usage or sufficient cause to the contrary,
proceed to them, or such of them as she goes to, in their
geographical order. If she does not there is a deviation.

53. In the case of a voyage policy, the adventureDelay in
insured must be prosecuted throughout its course withvoyage.
reasonable dispatch, and, if without lawful excuse it is not
so prosecuted, the insurer is discharged from liability as from
the time when the delay became unreasonable.

54. (1) Deviation or delay in prosecuting the voyage con-Excuses
templated by the policy is excused- for devia-
tion or
(a) where authorised by any special term in thedelay.
policy; or
(b) where caused by circumstances beyond the
control of the master and his employer; or
(c) where reasonably necessary in order to comply
with an express or implied warranty; or
(d) where reasonably necessary for the safety of
the ship or subject-matter insured; or
(e) for the purpose of saving human life, or aiding
a ship in distress where human life may be in
danger; or
(f) where reasonably necessary for the purpose
of obtaining medical or surgical aid for any
person on board the ship; or
(g) where caused by the barratrous conduct of the
master or crew, if barratry be one of the
perils insured against.
(2) When the cause excusing the deviation or delay
ceases to operate, the ship must resume her course, and pro-
secute her voyage, with reasonable dispatch.

ASSIGNMENT OF POLICY
55. (1) A marine policy is assignable unless it containswhen and
terms expressly prohibiting assignment. It may be assigned oey is
either before or after loss. assign-
able.







499 The Marine Insurance Act, 1959

(2) Where a marine policy has been assigned so as to
pass the beneficial interest in such policy, the assignee of the
policy is entitled to sue thereon in his own name; and the
defendant is entitled to make any defence arising out of the
contract which he would have been entitled to make if the
action had been brought in the name of the person by or on
behalf of whom the policy was effected.
(3) A marine policy may be assigned by endorsement
thereon or in other customary manner.

Assured 56. Where the assured has parted with or lost his
no inter- interest in the subject-matter insured, and has not, before or
est cannot at the time of so doing, expressly or impliedly agreed to assign
assign. the policy, any subsequent assignment of the policy
is inoperative:
Provided that nothing in this section affects the
assignment of a policy after loss.
THE PREMIUM
When pre- 57. Unless otherwise agreed, the duty of the assured
payaue. or his agent to pay the premium, and the duty of the insurer
to issue the policy to the assured or his agent, are concurrent
conditions, and the insurer is not bound to issue the policy
until payment or tender of the premium.

Policy 58. (1) Unless otherwise agreed, where a marine policy
trftod is effected on behalf of the assured by a broker, the broker is
broker, directly responsible to the insurer for the premium, and the
insurer is directly responsible to the assured for the amount
which may be payable in respect of losses, or in respect of
returnable premium.

(2) Unless otherwise agreed, the broker has, as
against the assured, a lien upon the policy for the amount
of the premium and his charges in respect of effecting the
policy; and, where he has dealt with the person who employs
him as a principal, he has also a lien on the policy in respect
of any balance on any insurance account which may be due to
him from such person, unless when the debt was incurred he
had reason to believe that such person was only an agent.







The Marine Insurance Act, 1959 500

59. Where a marine policy effected on behalf of the Efet of
receipt
assured by a broker acknowledges the receipt of the premium,on
such acknowledgement is, in the absence of fraud, conclusivePlicy.
as between the insurer and the assured, but not as between
the insurer and broker.

LOSS AND ABANDONMENT
60. (1) Subject to the provisions of this Act, and unlessIncluded
and ex-
the policy otherwise provides, the insurer is liable for anycluded
loss proximately caused by a peril insured against, but,losses.
subject as aforesaid, he is not liable for any loss which is not
proximately caused by a peril insured against.
(2) In particular-
(a) the insurer is not liable for any loss attribut-
able to the wilful misconduct of the assured,
but, unless the policy otherwise provides, he is
liable for any loss proximately caused by a
peril insured against, even though the loss
would not have happened but for the mis-
conduct or negligence of the master or crew;
(b) unless the policy otherwise provides, the
insurer on ship or goods is not liable for any
loss proximately caused by delay, although
the delay be caused by a peril insured against;
(c) unless the policy otherwise provides, the
insurer is not liable for ordinary wear and
tear, ordinary leakage and breakage, inherent
vice or nature of the subject-matter insured,
or for any loss proximately caused by rats or
vermin, or for any injury to machinery not
proximately caused by maritime perils.

61. (1) A loss may be either total or partial. Any lossPartial
other than a total loss, as hereinafter defined, is a partial loss.and total
(2) A total loss may be either an actual total loss, or a
constructive total loss.
(3) Unless a different intention appears from the
terms of the policy, an insurance against total loss includes
a constructive, as well as an actual total loss.






501 The Marine insurance Act, 1939

(4) Where the assured brings an action for a total loss
and the evidence proves only a partial loss, he may, unless the
policy otherwise provides, recover for a partial loss.
(5) Where goods reach their destination in specie, but
by reason of obliteration of marks, or otherwise, they are
incapable of identification, the loss, if any, is partial, and not
total.
Actual 62. (1) Where the subject-matter insured is destroyed, or
total loss.
S so damaged as to cease to be a thing of the kind insured, or
where the assured is irretrievably deprived thereof, there is
an actual total loss.
(2) In the case of an actual total loss no notice of
abandonment need be given.
Missing 63. Where the ship concerned in the adventure is
ship. missing, and after the lapse of a reasonable time no news of
her has been received, an actual total loss may be presumed.

Eaet or i 64. Where, by a peril insured against, the voyage is
ment, &c. interrupted at an intermediate port or place, under such
circumstances as, apart from any special stipulation in the
contract of affreightment, to justify the master in landing and
re-shipping the goods or other moveables, or in transhipping
them, and sending them on to their destination, the liability
of the insurer continues, notwithstanding the landing or
transhipment.

Construe- 65. (1) Subject to any express provision in the policy,
tive total
loss there is a constructive total loss where the subject-matter
defined. insured is reasonably abandoned on account of its actual total
loss appearing to be unavoidable, or because it could not be
preserved from actual total loss without an expenditure which
would exceed its value when the expenditure has been
incurred.
(2) In particular, there is a constructive total loss-
(i) where the assured is deprived of the posses-
sion of his ship or goods by a peril insured
against, and
(a) it is unlikely that he can recover the ship
or goods, as the case may be, or







The Marine Insurance Act, 19S9 502

(b) the cost of recovering the ship or goods,
as the case may be, would exceed their
value when recovered; or
(ii) in the case of damage to a ship, where she
is so damaged by a peril insured against that
the cost of repairing the damage would
exceed the value of the ship when repaired.
In estimating the cost of repairs, no
deduction is to be made in respect of general
average contributions to those repairs pay-
able by other interests, but account is to be
taken of the expense of future salvage
operations and of any future general average
contributions to which the ship would be
liable if repaired; or
(iii) in the case of damage to goods, where the
cost of repairing the damage and forwarding
the goods to their destination would exceed
their value on arrival.

66. Where there is a constructive total loss the assuredEffect of
construe-
may either treat the loss as a partial loss, or abandon thetive total
subject-matter insured to the insurer and treat the loss asloss.
if it were an actual total loss.

67. (1) Subject to the provisions of this section, whereNotice of
the assured elects to abandon the subject-matter insured tomnandon
the insurer, he must give notice of abandonment. If he fails
to do so the loss can only be treated as a partial loss.
(2) Notice of abandonment may be given in writing,
or by word of mouth, and may be given in any terms which
indicate the intention of the assured to abandon his insured
interest in the subject-matter insured unconditionally to the
insurer.
(3) Notice of abandonment must be given with reason-
able diligence after the receipt of reliable information of the
loss, but where the information is of a doubtful character the
assured is entitled to a reasonable time to make inquiry.
(4) Where notice of abandonment is properly given,
the rights of the assured are not prejudiced by the fact that
the insurer refuses to accept the abandonment.







503 The Marine Insurance Act, 1939

(5) The acceptance of an abandonment may be either
express or implied from the conduct of the insurer. The mere
silence of the insurer after notice is not an acceptance.
(6) Where notice of abandonment is accepted the
abandonment is irrevocable. The acceptance of the notice
conclusively admits liability for the loss and the sufficiency
of the notice.
(7) Notice of abandonment is unnecessary where, at
the time when the assured receives information of the loss,
there would be no possibility of benefit to the insurer if notice
were given to him.
(8) Notice of abandonment may be waived by the
insurer.
(9) Where an insurer has re-insured his risk, no notice
of abandonment need be given by him.
Effect of 68. (1) Where there is a valid abandonment the insurer is
Abandon- entitled to take over the interest of the assured in whatever
ment.
may remain of the subject-matter insured, and all proprietary
rights incidental thereto.
(2) Upon the abandonment of a ship, the insurer
thereof is entitled to any freight in course of being earned,
and which is earned by her subsequent to the casualty causing
the loss, less the expenses of earning it incurred after the
casualty; and, where the ship is carrying the owner's goods,
the insurer is entitled to a reasonable remuneration for the
carriage of them subsequent to the casualty causing the loss.

PARTIAL LOSSES (INCLUDING SALVAGE AND GENERAL
AVERAGE AND PARTICULAR CHARGES)
Particular 69. (1) A particular average loss is a partial loss of the
average subject-matter insured, caused by a peril insured against, and
S which is not a general average loss.
(2) Expenses incurred by or on behalf of the assured
for the safety or preservation of the subject-matter insured,
other than general average and salvage charges, are called
particular charges. Particular charges are not included in
particular average.
salvage 70. (1) Subject to any express provision in the policy,
charges. salvage charges incurred in preventing a loss by perils insured
against may be recovered as a loss by those perils.







The Marine Insurance Act, 1959 504

(2) "Salvage charges" means the charges recoverable
under maritime law by a salvor independently of contract.
They do not include the expenses of services in the nature of
salvage rendered by the assured or his agents, or any person
employed for hire by them, for the purpose of averting a peril
insured against. Such expenses, where properly incurred,
may be recovered as particular charges or as a general average
loss, according to the circumstances under which they were
incurred.

71. (1) A general average loss is a loss caused by or enea
average
directly consequential on a general average act. It includesloss.
a general average expenditure as well as a general average
sacrifice.
(2) There is a general average act where any extra-
ordinary sacrifice or expenditure is voluntarily and
reasonably made or incurred in time of peril for the purpose
of preserving the property imperilled in the common
adventure.
(3) Where there is a general average loss, the party on
whom it falls is entitled, subject to the conditions imposed
by maritime law, to a rateable contribution from the other
parties interested, and such contribution is called a general
average contribution.
(4) Subject to any express provision in the policy,
where the assured has incurred a general average expendi-
ture, he may recover from the insurer in respect of the
proportion of the loss which falls upon him; and, in the case
of a general average sacrifice, he may recover from the insurer
in respect of the whole loss without having enforced his right
of contribution from the other parties liable to contribute.
(5) Subject to any express provision in the policy,
where the assured has paid, or is liable to pay, a general
average contribution in respect of the subject insured, he
may recover therefore from the insurer.
(6) In the absence of express stipulation, the insurer
is not liable for any general average loss or contribution
where the loss was not incurred for the purpose of avoiding,
or in connection with the avoidance of, a peril insured
against.







The Marine insurance Act, 193P


(7) Where ship, freight, and cargo, or any two of
those interests, are owned by the same assured, the liability
of the insurer in respect of general average losses or contri-
butions is to be determined as if those subjects were owned
by different persons.
MEASURE OF INDEMNITY
Extent of 72. (1) The sum which the assured can recover in respect
liability
of insurer of a loss on a policy by which he is insured, in the case of an
for loss. unvalued policy to the full extent of the insurable value, or,
in the case of a valued policy to the full extent of the value
fixed by the policy, is called the measure of indemnity.
(2) Where there is a loss recoverable under the policy,
the insurer, or each insurer if there be more than one, is
liable for such proportion of the measure of indemnity as the
amount of his subscription bears to the value fixed by the
policy in the case of a valued policy, or to the insurable value
in the case of an unvalued policy.
Total 73. Subject to the provisions of this Act and to any
loss. express provision in the policy, where there is a total loss of
the subject-matter insured,-
(1) if the policy be a valued policy, the measure
of indemnity is the sum fixed by the policy;
(2) if the policy be an unvalued policy, the
measure of indemnity is the insurable value of
the subject-matter insured.
Partial 74. Where a ship is damaged, but is not totally lost,
loss of the measure of indemnity, subject to any express provision
in the policy, is as follows:-
(1) where the ship has been repaired, the assured
is entitled to the reasonable cost of the repairs,
less the customary deductions, but not exceed-
ing the sum insured in respect of any one
casualty;
(2) where the ship has been only partially
repaired, the assured is entitled to the
reasonable cost of such repairs, computed as
above, and also to be indemnified for the
reasonable depreciation, if any, arising from
the unrepaired damage, provided that the







The Marine Insurance Act, 1959


aggregate amount shall not exceed the cost of
repairing the whole damage, computed as
above;
(3) where the ship has not been repaired, and has
not been sold in her damaged state during the
risk, the assured is entitled to be indemnified
for the reasonable depreciation arising from
the unrepaired damage, but not exceeding the
reasonable cost of repairing such damage,
computed as above.
75. Subject to any express provision in the policy,Partial
where there is a partial loss of freight, the measure of indem-re" o.
nity is such proportion of the sum fixed by the policy in the
case of a valued policy, or of the insurable value in the case
of an unvalued policy, as the proportion of freight lost by the
assured bears to the whole freight at the risk of the assured
under the policy.
76. Where there is a partial loss of goods, merchandise, Partial
or other moveables, the measure of indemnity, subject to any loss of
goods,
express provision in the policy, is as follows:- merchan-
(1) where part of the goods, merchandise or otherwise, &e.
moveables insured by a valued policy is totally
lost, the measure of indemnity is such pro-
portion of the sum fixed by the policy as the
insurable value of the part lost bears to the
insurable value of the whole, ascertained as in
the case of an unvalued policy;
(2) where part of the goods, merchandise, or other
moveables insured by an unvalued policy is
totally lost, the measure of indemnity is the
insurable value of the part lost, ascertained
as in the case of total loss:
(3) where the whole or any part of the goods or
merchandise insured has been delivered
damaged at its destination, the measure of
indemnity is such proportion of the sum fixed
by the policy in the case of a valued policy, or
of the insurable value in the case of an un-
valued policy, as the difference between the
gross sound and damaged values at the place
of arrival bears to the gross sound value;






507 The Marine Insurance Act, 1959

(4) "Gross value" means the wholesale price, or,
if there be no such price, the estimated value,
with, in either case, freight, landing charges,
and duty paid beforehand; provided that, in
the case of goods or merchandise customarily
sold in bond, the bonded price is deemed to be
the gross value. "Gross proceeds" means
the actual price obtained at a sale where all
charges on sale are paid by the sellers.
Apportion- 77. (1) Where different species of property are insured
meant of
valuation, under a single valuation, the valuation must be apportioned
over the different species in proportion to their respective
insurable values, as in the case of an unvalued policy. The
insured value of any part of a species is such proportion of
the total insured value of the same as the insurable value of
the part bears to the insurable value of the whole, ascertained
in both cases as provided by this Act.
(2) Where a valuation has to be apportioned, and
particulars of the prime cost of each separate species, quality,
or description of goods cannot be ascertained, the division of
the valuation may be made over the net arrived sound values
of the different species, qualities, or descriptions of goods.
General 78. (1) Subject to any express provision in the policy,
average
ont~ where the assured has paid, or is liable for, any "general
butions average contribution, the measure of indemnity is the full
and
salvage amount of such contribution, if the subject-matter liable to
charges, contribution is insured for its full contributory value; but,
if such subject-matter be not insured for its full contributory
value, or if only part of it be insured, the indemnity payable
by the insurer must be reduced in proportion to the under-
insurance, and where there has been a particular average loss
which constitutes a deduction from the contributory value,
and for which the insurer is liable, that amount must be
deducted from the insured value in order to ascertain what
the insurer is liable to contribute.
(2) Where the insurer is liable for salvage charges
the extent of his liability must be determined on the like
principle.
Liabili- 79. Where the assured has effected an insurance in
ties to
third express terms against any liability to a third party, the
parties. measure of indemnity, subject to any express provision in the








The Marine Insurance Act, 1959


policy, is the amount paid or payable by him to such third
party in respect of such liability.

80. (1) Where there has been a loss in respect of any General
subject-matter not expressly provided for in the foregoingas to
provisions of this Act, the measure of indemnity shall beeuurem
of indem-
ascertained, as nearly as may be, in accordance with thosenity.
provisions, in so far as applicable to the particular case.

(2) Nothing in the provisions of this Act relating to
the measure of indemnity shall affect the rules relating to
double insurance, or prohibit the insurer from disproving
interest wholly or in part, or from showing that at the time
of the loss the whole or any part of the subject-matter insured
was not at risk under the policy.

81. (1) Where the subject-matter insured is warrantedParticular
average
free from particular average, the assured cannot recover for awarranties.
loss of part, other than a loss incurred by a general average
sacrifice, unless the contract contained in the policy be
apportionable; but, if the contract be apportionable, the
assured may recover for a total loss of any apportionable
part.

(2) Where the subject-matter insured is warranted
free from particular average, either wholly or under a certain
percentage, the insurer is nevertheless liable for salvage
charges, and for particular charges and other expenses pro-
perly incurred pursuant to the provisions of the suing and
labouring clause in order to avert a loss insured against.

(3) Unless the policy otherwise provides, where the
subject-matter insured is warranted free from particular
average under a specified percentage, a general average loss
cannot be added to a particular average loss to make up the
specified percentage.

(4) For the purpose of ascertaining whether the
specified percentage has been reached, regard shall be had
only to the actual loss suffered by the subject-matter insured.
Particular charges and the expenses of and incidental to
ascertaining and proving the loss must be excluded.







509 The Marine Insurance.Act, 1959

uccessive 82. (1) Unless the policy otherwise provides, and subject
to the provisions of this Act, the insurer is liable for successive
losses, even though the total amount of such losses may exceed
the sum insured.
(2) Where, under the same policy, a partial loss, which
has not been repaired or otherwise made good, is followed
by a total loss, the assured can only recover in respect of the
total loss:
Provided that nothing in this section shall affect
the liability of the insurer under the suing and labouring
clause.

Suing and 83. (1) Where the policy contains a suing and labouring
laboring
clause, clause, the engagement thereby entered into is deemed to be
supplementary to the contract of insurance, and the assured
may recover from the insurer any expenses properly incurred
pursuant to the clause, notwithstanding that the insurer may
have paid for a total loss, or that the subject-matter may have
been warranted free from particular average, either wholly
or under a certain percentage.
(2) General average losses and contributions and
salvage charges, as defined by this Act, are not recoverable
under the suing and labouring clause.
(3) Expenses incurred for the purpose of averting or
diminishing any loss not covered by the policy are not
recoverable under the suing and labouring clause.
(4) It is the duty of the assured and his agents, in all
cases, to take such measures as may be reasonable for the
purpose of averting or minimising a loss.

RIGHTS OF INSURER ON PAYMENT
aight of 84. (1) Where the insurer pays for a total loss, either of
on.rga" the whole, or in the case of goods of any apportionable part,
of the subject-matter insured, he thereupon becomes entitled
to take over the interest of the assured in whatever may
remain of the subject-matter so paid for, and he is thereby
subrogated to all the rights and remedies of the assured in and
in respect of that subject-matter as from the time of the
casualty causing the loss.







The Marine Insurance Act, 1959 510

(2) Subject to the foregoing provisions, where the
insurer pays for a partial loss, he acquires no title to the
subject-matter insured, or such part of it as may remain, but
he is thereupon subrogated to all rights and remedies of the
assured in and in respect of the subject-matter insured as
from the time of the casualty causing the loss, in so far as the
assured has been indemnified, according to this Act, by such
payment for the loss.

85. (1) Where the assured is over-insured by doubleRight of
insurance, each insurer is bound, as between himself and theebon"n
other insurers, to contribute rateably to the loss in proportion
to the amount for which he is liable under his contract.
(2) If any insurer pays more than his proportion of
the loss, he is entitled to maintain an action for contribution
against the other insurers, and is entitled to the like remedies
as a surety who has paid more than his proportion of the debt.

86. Where the assured is insured for an amount lessEffect of
than the insurable value or, in the case of a valued policy,surance.
for an amount less than the policy valuation, he is deemed to
be his own insurer in respect of the uninsured balance.

RETURN OF PREMIUM
tEnforce-
87. Where the premium or a proportionate partmentfr
thereof is, by this Act, declared to be returnable- return.
(a) if already paid, it may be recovered by the
assured from the insurer; and
(b) if unpaid, it may be retained by the assured or
his agent.

88. Where the policy contains a stipulation for theReturn by
return of the premium, or a proportionate part thereof, onagreement.
the happening of a certain event, and that event happens, the
premium, or, as the case may be, the proportionate part
thereof, is thereupon returnable to the assured.

89. (1) Where the consideration for the payment of theReturn for
premium totally fails, and there has been no fraud or illegality ioure
on the part of the assured or his agents, the premium is there-sideration.
upon returnable to the assured.







The Marine Insurance Act, 1959


(2) Where the consideration for the payment of the
premium is apportionable and there is a total failure of any
apportionable part of the consideration, a proportionate part
of the premium is, under the like conditions, thereupon
returnable to the assured.
(3) In particular-
(a) where the policy is void, or is avoided by the
insurer as from the commencement of the risk,
the premium is returnable, provided that there
has been no fraud or illegality on the part of
the assured; but if the risk is not apportion-
able, and has once attached, the premium is
not returnable;
(b) where the subject-matter insured, or part
thereof, has never been imperilled, the
premium, or, as the case may be, a propor-
tionate part thereof, is returnable:
Provided that where the subject-matter
has been insured "lost or not lost" and has
arrived in safety at the time when the contract
is concluded, the premium is not returnable
unless, at such time, the insurer knew of the
safe arrival.
(c) where the assured has no insurable interest
throughout the currency of the risk, the
premium is returnable, provided that this rule
does not apply to a policy effected by way of
gaming or wagering;
(d) where the assured has a defeasible interest
which is terminated during the currency of the
risk, the premium is not returnable;
(e) where the assured has over-insured under an
unvalued policy, a proportionate part of the
premium is returnable;
(f) subject to the foregoing provisions, where the
assured has over-insured by double insurance,
a proportionate part of the several premiums
is returnable:







The Marine Insurance Act, 1959


Provided that, if the policies are effected
at different times, and any earlier policy has at
any time borne the entire risk, or if a claim
has been paid on the policy in respect of the
full sum insured thereby, no premium is
returnable in respect of that policy, and when
the double insurance is effected knowingly by
the assured no premium is returnable.

MUTUAL INSURANCE
90. (1) Where two or more persons mutually agree tOModifica-
insure each other against marine losses there is said to be atn o
mutual insurance, case of
mutual in-
(2) The provisions of this Act relating to the pre-surance.
mium do not apply to mutual insurance, but a guarantee, or
such other arrangement as may be agreed upon, may be sub-
stituted for the premium.

(3) The provisions of this Act, in so far as they may
be modified by the agreement of the parties, may in the case
of mutual insurance be modified by the terms of the policies
issued by the association, or by the rules and regulations of
the association.

(4) Subject to the exceptions mentioned in this sec-
tion, the provisions of this Act apply to a mutual insurance.

SUPPLEMENTAL
91. Where a contract of marine insurance is in goodRatifi-
faith effected by one person on behalf of another, the personcationby
on whose behalf it is effected may ratify the contract even
after he is aware of a loss.

92. (1) Where any right, duty, or liability would ariselmplied
under a contract of marine insurance by implication of law, obiga-
tions
it may be negatived or varied by express agreement, or byvaried by
usage, if the usage be such as to bind both parties to the agree-
ment or
contract. usage.

(2) The provisions of this section extend to any right,
duty, or liability declared by this Act which may be lawfully
modified by agreement.







513 The Marine Insurance Act, 1959


able time, 93. Where by this Act any reference is made to reason-
e&. a able time, reasonable premium, or reasonable diligence, the
question of
fact. question what is reasonable is a question of fact.

elip as 94. Where there is a policy which, under the law in
force in a Territory, is duly stamped or not chargeable with
stamp duty, reference may be made in any legal proceeding
in that Territory to the slip or covering note (although such
slip or note is not stamped) for the same purposes and to the
same extent as may be made in similar proceedings in the
United Kingdom on the commencement of this Act.





SCHEDULE Section 35

FORM OF POLICY
Lloyd's Be it known that as well in
S.G.
policy, own name as for and in the name and names of all and every other
person or persons to whom the same doth, may, or shall appertain, in
part or in all doth make assurance and cause
and them, and every of them, to be insured lost or not lost, at and from

Upon any kind of goods and merchandise, and also upon the body,
tackle, apparel, ordnance, munition, artillery, boat, and other furniture,
of and in the good ship or vessel called the
whereof is master under God, for this present voyage,
or whosoever else shall go for master in the said ship, or by whatsoever
other name or names the said ship, or the master thereof, is or shall be
named or called; beginning the adventure upon the said goods and
merchandise from the loading thereof aboard the said ship.

upon the said ship, &c.

and so shall continue and endure, during her abode there, upon the said
ship, &c. And further, until the said ship, with all her ordnance, tackle,
apparel, &c., and goods and merchandise whatsoever shall be arrived at

upon the said ship, &c., until she hath moored at anchor twenty-four
hours in good safety; and upon the goods and merchandise, until the
same be there discharged and safely landed. And it shall be lawful for
the said ship, &c., in this voyage, to proceed and sail to and touch and
stay at any ports or places whatsoever








The Marine Insurance Act, 1959 514


without prejudice to this insurance. The said ship, &c., goods and
merchandise, &c., for so much as concerns the assured by agreement
between the assured and assurers in this policy, are and shall be valued
at

Touching the adventures and perils which we the assurers
are contented to bear and do take upon us in this voyage: they are of the
seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters
of mart and countermart, surprisals, takings at sea, arrests, restraints,
and detainments of all kings, princes, and people, of what nation,
condition, or quality soever, barratry of the master and mariners, and of
all other perils, losses, and misfortunes, that have or shall come to the
hurt, detriment, or damage of the said goods and merchandise, and ship, (Sue and
&c., or any part thereof. And in case of any loss or misfortune it shallLabour
be lawful to the assured, their factors, servants and assigns, to sue, clause)
labour, and travel for, in and about the defence, safeguards, and
recovery of the said goods and merchandise, and ship, &c., or any part
thereof, without prejudice to this insurance; to the charges whereof
we, the assurers, will contribute each one according to the rate and
quantity of his sum herein assured. And it is especially declared and (Waiver
agreed that no acts of the insurer or insured in recovering, saving, orclause)
preserving the property insured shall be considered as a waiver, or
acceptance of abandonment. And it is agreed by us, the insurers, that
this writing or policy of assurance shall be of as much force and effect as
the surest writing or policy of assurance heretofore made in Lombard
Street, or in the Royal Exchange, or elsewhere in London. And so we,
the assurers, are contented, and do hereby promise and bind ourselves,
each one for his own part, our heirs, executors, and goods to the assured,
their executors, administrators, and assigns, for the true performance of
the premises, confessing ourselves paid the consideration due unto us for
this assurance by the assured, at and after the rate of

IN WITNESS whereof we, the assurers, have subscribed our
names and sums assured in London.

N.B.-Corn, fish, salt, fruit, flour, and seed are warranted free from (Memoran-
average, unless general, or the ship be stranded-sugar, tobacco, hemp, dum)
flax, hides and skins are warranted free from average, under five dollars
per cent., and all other goods, also the ship and freight, are warranted
free from average, under three dollars per cent. unless general, or the
ship be stranded.

RULES FOR CONSTRUCTION OF POLICY
The following are the rules referred to by this Act for the
construction of a policy in the above or other like form, where the context
does not otherwise require:-
1. Where the subject-matter is insured "lost or not lost", and the Lost or
loss has occurred before the contract is concluded, the risk attaches unless, not lost.
at such time the assured was aware of the loss, and the insurer was not.
2. Where the subject-matter is insured "from" a particular place, From.
the risk does not attach until the ship starts on the voyage insured.








515 The Marine Insurance Act, 1959

At and 3. (a) Where a ship is insured "at and from" a particular place, and
from she is at that place in good safety when the contract is concluded, the
(ship) risk attaches immediately.

(b) if she be not at that place when the contract is concluded, the
risk attaches as soon as she arrives there in good safety, and, unless the
policy otherwise provides, it is immaterial that she is covered by another
policy for a specified time after arrival.
(c) Where chartered freight is insured "at and from" a particular
Freight. place, and the ship is at that place in good safety when the contract is
concluded the risk attaches immediately. If she be not there when the
contract is concluded, the risk attaches as soon as she arrives there in good
safety.
(d) Where freight, other than chartered freight, is payable without
special conditions and is insured "at and from" a particular place, the
risk attaches pro rata as the goods or merchandise are shipped; provided
that if there be cargo in readiness which belongs to the shipowner, or
which some other person has contracted with him to ship, the risk
attaches as soon as the ship is ready to receive such cargo.

From the 4. Where goods or other moveables are insured "from the loading
loading thereof", the risk does not attach until such goods or moveables are
thereof. actually on board, and the insurer is not liable for them while in transit
from the shore to the ship.

Safely 5. Where the risk on goods or other moveables continues until
landed, they are "safely landed", they must be landed in the customary manner
and within a reasonable time after arrival at the port of discharge, and
if they are not so landed the risk ceases.

Touch 6. In the absence of any further licence or usage, the liberty to
and stay. touch and stay "at any port or place whatsoever" does not authorise the
ship to depart from the course of her voyage from the port of departure
to the port of destination.

Perils of 7. The term "perils of the seas" refers only to fortuitous
the seas. accidents or casualties of the seas. It does not include the ordinary
action of the winds and waves.

Pirates. 8. The term "pirates" includes passengers who mutiny and
rioters who attack the ship from the shore.

Thieves. 9. The term "thieves" does not cover clandestine theft or a theft
committed by any one of the ship's company, whether crew or passengers.

Restraint 10. The term "arrests, &c., of kings, princes, and people" refers
of princes, to political or executive acts, and does not include a loss caused by riot
or by ordinary judicial process.

Barratry. 11. The term "barratry" includes every wrongful act wilfully
committed by the master or crew to the prejudice of the owner, or, as
the case may be, the charterer.









The Marine Insurance Act, 1959 516

12. The term "all other perils" includes only perils similar n All other
kind to the perils specifically mentioned in the policy, perils.

13. The term "average unless general" means a partial loss of Average
the subject-matter insured other than a general average loss, and doesunless
not include "particular charges". general.

14. Where the ship has stranded, the insurer is liable for the Stranded.
excepted losses, although the loss is not attributable to the stranding,
provided that when the stranding takes place the risk has attached and,
if the policy be on goods, that the damaged goods are on board.

15. The term "ship" includes the hull, materials and outfit, stores Ship.
and provisions for the officers and crew, and, in the case of vessels
engaged in a special trade, the ordinary fittings requisite for the trade,
and also, in the case of la steamship, the machinery, boilers, and coals
and engine stores, if owned by the assured.

16. The term "freight" includes the profit derivable by a ship-Freight.
owner from the employment of his ship to carry his own goods or
moveables, as well as freight payable by a third party, but does not
include passage money.

17. The term "goods" means goods in the nature of merchandise, Goods.
and does not include personal effects or provisions and stores for use
on board.
In the absence of any usage to the contrary, deck cargo and
living animals must be insured specifically, and not under the general
denomination of goods.

Passed by the House of Representatives this 19th day
of May, 1959.

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

L. A. RADIX,
Deputy Speaker.

Passed by the Senate this 29th day of May, 1959.

D. F. MAYERS,
Acting Clerk of the Senate.






























THE WEST INDIES


ACT No. 4 of 1959.

THE IMMUNITIES AND PRIVILEGES (INTER-
NATIONAL ORGANIZATIONS AND
OVERSEAS COUNTRIES) ACT, 1959

ARRANGEMENT OF SECTIONS
Section
1. Short title and application.
2. Interpretation.
3. Immunities, privileges and capacities of certain international
organizations and persons connected therewith.
4. Immunities, privileges and capacities under agreements for
financial or other assistance.
5. Publication of lists of persons entitled to immunities and privileges
under sections 3 and 4.
6. Immunities and privileges of judges of, and suitors to, the Inter-
national Court of Justice.
7. Diplomatic immunities of representatives attending international
conferences.
8. Reciprocal treatment.
9. Power to amend Schedule.
10. Provisions as to Orders.


SCHEDULE-Immunities and Privileges.








The Immunities and Privileges (International Organisations
and Overseas Countries) Act, 1959.


I ASSENT

HAILES


[L.S.]


GOVERNOR-GENERAL


9th July, 1959.







An Act to provide for the immunities, privileges
and capacities of international organizations and of certain
overseas countries that agree to provide assistance to the
Federation; and to define the status of persons attending
international conferences in the Federation.

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

1. (1) This Act may be cited as the Immunities and short title
Privileges (International Organisations and Overseas d applica-
Countries) Act, 1959.

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

2. In this Act unless the context otherwise requires, Interpre-
the expression "overseas country" means any country outside taton.
the Federation whether a sovereign Power or a dependent
territory.


Z- r -








The Immunities and Privileges (International Organisations
519 and Overseas Countries) Act, 1959.

Immunities, 3. (1) This section shall apply to any organisation
piileges declared by Order of the Governor-General to be an
capacities organisation of which the United Kingdom or Her Majesty's
of certain Government therein of the Federation of the Government
interna-
tional thereof and one or more overseas countries or the govern-
organisa- ment or governments thereof are members.
tions and
persons
connected (2) The Governor-General may by Order-
therewith.
(a) provide that any organisation to which this
section applies (hereinafter referred to as
"the organisation") shall, to such extent as
may be specified in the Order, have the
immunities and privileges set out in Part I
of the Schedule to this Act, and shall also
have the legal capacities of a body corporate;

(b) confer upon-

(i) any persons who are representatives
(whether of governments or not) on any
organ of the organisation or are members
of any committee of the organisation or
of an organ thereof;

(ii) such number of officers of the organisa-
tion as may be specified in the Order,
being the holders of such high offices in
the organisation as may be so specified;
and

(iii) such persons employed on missions 'on
behalf of the organisation as may be so
specified;

to such extent as may be specified in the
Order, the immunities and privileges set out
in Part II of the Schedule to this Act;

(c) confer upon such other classes of officers and
servants of the organisation as may be
specified in the Order, to such extent as may
be specified, the immunities and privileges
set out in Part III of the Schedule to this
Act;







The Immunities and Privileges (International Organisations
and Overseas Countries) Act, 1959. 520

and Part IV of the Schedule to this Act shall have effect for
the purpose of extending to the staffs of such representatives
and members as are mentioned in sub-paragraph (i) of
paragraph (b) of this subsection and to the families of
officers of the organisation any immunities and privileges
conferred on the representatives, members or officers under
that paragraph, except in so far as the operation of the said
Part IV is excluded by the Order conferring the immunities
and privileges:

Provided that the Order shall be so framed as to
secure that there are not conferred on any person any
immunities or privileges greater in extent than those which,
at the time of the making of the Order, are required to be
conferred on that person in order to give effect to any inter-
national agreement in that behalf and shall not confer any
immunity or privilege upon any person as the representative
of the Government of the Federation or as a member of the
staff of such a representative.

4. (1) This section shall apply in respect of any agree-Immuni-
ment declared by Order of the Governor-General to be anprieges
agreement between the Federation or the Governmentand
thereof and- anities
agreements
(a) any overseas country or the government fnan-
thereof, or other assis-
tance.
(b) any overseas government agency,

for the provision of financial, technical or other assistance to
the Federation.

(2) For the purposes of this Act, the expression
"overseas government agency" means any body or institu-
tion which is recognized by the government of an overseas
country to be an agency of that government.

(3) The Governor-General may by Order-

(a) provide that in respect of any agreement to
which this section applies the immunities and
privileges set out in Part V of the Schedule







The Immunities and Privileges (International Organisations
521 and Overseas Countries) Act, 1959.

to this Act shall, to such extent as may be
specified in the Order, operate, and where the
party to such agreement is an overseas
government agency such overseas govern-
ment agency shall also have the capacities of
a body corporate;
(b) confer on any persons who are assigned for
duty in the Federation otherwise than by the
Federation or the Government thereof in
pursuance of an agreement to which this
section applies, to such extent as may be
specified 'in the Order, the immunities and
privileges set out in Part VI of the Schedule
to this Act;
and Part VII of the Schedule to this Act shall have effect
for the purpose of extending to the family of any person
upon whom immunities and privileges are conferred under
paragraph (b) of this subsection the immunities and
privileges set out in Part VI of the Schedule to this Act,
except in so far as the operation of the said Part VII is
excluded by the Order conferring the immunities and
privileges:

Provided that the Order shall be so framed as to
secure that the immunities and privileges to be enjoyed by
any overseas country, overseas government agency or
persons by virtue of the Order are not greater than those
which, at the time of the making of the Order, are necessary
to give effect to the agreement to which the Order relates.

Publication 5. (1) Where immunities and privileges are conferred
of lists of on any persons by an Order made under subsection (2) ol
enid to section 3 or sub-section (3) of section 4 of this Act, the
immunities Governor-General-
;ind
nlege- (a) in the case of an Order made under subsection
sections 3 (2) of section 3 of this Act, shall compile a list
and 4. of persons entitled to immunities and
privileges conferred under paragraph (b) of
that sub-section, and may compile a list of
the persons entitled to immunities and
privileges conferred under paragraph (c) of
that sub-section;







The Immunities and Privileges (International Organisations
and Overseas Countries) Act, 1959. 522

(b) in the case of an Order made under subsec-
tion (3) of section 4 of this Act, shall compile
a list of the persons entitled to immunities
and privileges conferred under that section;
(c) shall cause any list compiled under this sub-
section to be published in the Gazette;
(d) whenever any person ceases or begins to be
entitled to the immunities and privileges to
which any such list relates, shall amend the
list and cause a notice of the amendment or,
if he thinks fit, an amended list to be so
published.
(2) Every list or notice published under subsection
(1) of this section shall state the date from which the list
or notice takes or took effect; and the fact that any person
is or was included or not included at any time among the
persons entitled to the immunities and privileges in question
may, if a list of such persons has been published, be conclu-
sively proved by producing the Gazette containing the list
or, as the case may be, the last list taking effect before that
time together with the Gazettes (if any) containing the
notices of the amendments taking effect before that time,
and by showing that the name of that person is or was at
that time included or not included in the said list.

6. (1) The Governor-General may, by Order, confer onImmunities
the judges and registrars of the International Court, and oneigL" i of
suitors to that Court and their agents, counsel and advocates, judges
such immunities, privileges and facilities as may be required uitos to,
to give effect to any resolution of, or convention approved by, the Inter-
the General Assembly of the United Nations. Court of
(2) In this section the expression "the. Internationalustice.
Court" means the International Court of Justice set up
under the Charter of the United Nations.

7. (1) Where a conference is held in the Federation andDiplomatie
is attended by the representatives of Her Majesty's Govern-"imunites
ment in the United Kingdom or the Government of thesentatives
Federation and the government or governments of one orl tendingg
more foreign sovereign Powers, and it appears to thetional con-
Governor-General that doubts may arise as to the extent to fences.
which the representatives of such foreign Powers and mem-







The Immunities and Privileges (International Organisations
523 and Overseas Countries) Act, 1959.

bers, of their official staffs are entitled to diplomatic
immunities, he may-

(a) compile a list of the persons aforesaid who
are entitled to such immunities, and cause
that list to be published in the Gazette; and

(b) whenever it appears to the Governor-General
that any person ceases or begins to be
entitled to such immunities, amend the list
and cause a notice of the amendment or, if he
thinks fit, an amended list to be published as
aforesaid;

and every representative of a foreign Power who is for the
time being included in the list shall, for the purpose of any
enactment and rule of law or custom relating to the immuni-
ties of an envoy of a foreign Power credited to Her
Majesty, and of the retinue of such an envoy, be treated as
if he were such an envoy, and such of the members of his
official staffs as are for the time being included in the list
shall be treated for the purpose aforesaid as if they were his
retinue.

(2) Every list or notice published under the foregoing
subsection in relation to any conference shall include a
statement of the date from which the list or amendment
takes or took effect; and the fact that any person is or was
included or not included at any time among the persons
entitled to diplomatic immunities as representatives attend-
ing the conference or as members of the official staff of any
such representative may, if a list of those persons has been
so published, be conclusively proved by producing the
Gazette containing the list or, as the case may be, the last
list taking effect before that time, together with the
Gazettes (if any) containing notices of the amendments
taking effect before that time, and by showing that the name
of that person is or was at that time included in the said list.

Reciprocal 8. Nothing in the foregoing provisions of this Act
treatment. shall be construed as precluding the Governor-General from
declining to accord immunities or privileges to, or from
withdrawing immunities or privileges from, nationals or







The Immunities and Privileges (International Organisations
and Overseas Countries) Act, 1959. 524

representatives of any overseas country on the ground that
that overseas country is failing to accord corresponding
immunities or privileges to nationals or representatives of
any part of the Commonwealth.

9. The Governor-General may from time to time, Power to
by Order, amend, add to or rescind the immunities and Shedue.
privileges set out in Parts V and VI of the Schedule to this
Act.

10. (1) Every Order made by the Governor-General Provisions
under this Act shall be laid before both chambers of the as to
Federal Legislature as soon as may be after it is made, and
if either chamber, within the period of twenty-one days
beginning with the day on which such Order is laid before
it, resolves that such Order be annulled, it shall thenceforth
be void, but without prejudice to the validity of anything
previously done thereunder or to the making of a new Order.

(2) In reckoning the said period of twenty-one days,
no account shall be taken of any time during which the
Federal Legislature is dissolved or prorogued, or during
which the chamber in question is adjourned for more than
seven days.








The Immunities and Privileges (International Organisations
525 and Overseas Countries) Act, 1959.


SCHEDULE Sections 3, 4.

IMMUNITIES AND PRIVILEGES

PART I
Immunities and privileges of the organisation

1. Immunity from suit and legal process.

2. The like inviolability of official archives and premises occupied
as offices as is accorded in respect of the official archives and premises
of any envoy of a foreign sovereign Power accredited to Her Majesty.

3. The like exemption or relief from taxes and rates, other than
taxes on the importation of goods, as is accorded to a foreign sovereign
Power.

4. Exemption from taxes on the importation of goods directly
imported by the organisation for its official use in the Federation or for
exportation, or on the importation of any publications of the organisa-
tion directly imported by it, such exemption to be subject to compliance
with such conditions as the Governor-General may impose for the
protection of the Revenue.

5. Exemption from prohibitions and restrictions on importa-
tion or exportation in the case of goods directly imported or exported
by the organisation for lits official use and in the case of any publica-
tions of the organisation directly imported or exported by it.

6. The right to avail itself, for telegraphic communications sent
by it and containing only matter intended for publication by the press
or for broadcasting (including communications addressed to or
despatched from places outside the Federation or between one Territory
and another), of any reduced rates applicable for the corresponding
service in the case of press telegrams.

PART II
Immunities and privileges of representatives, members of committees,
high officers and persons on missions.

1. The like immunity from suit and legal process as is accorded
to an envoy of a foreign sovereign Power accredited to Her Majesty.

2. The like inviolability of residence as is accorded to such an
envoy.

3. The like exemption or relief from taxes as is accorded to
such an envoy.

4. Exemption from immigration restrictions, aliens' registra-
tion or national service obligations.








The Immunities and Privileges (International Organisations
and Overseas Countries) Act, 1959. 526

PART III
Immunities and privileges of other officers and servants.
1. Immunity from suit and legal process in respect of things
done or omitted to be done in the course of the performance of official
duties.

2. Exemption from income tax in respect of emoluments
received as an officer or servant of the organisation and from customs
duties or any import taxes on baggage and other goods imported for
their use and for the use of their families, such exemption from customs
duties or import taxes to be subject to compliance with such conditions
as the Governor-General may impose for the protection of the Revenue.

3. Exemption, together with their spouses and children under
the age of twenty-one from immigration restrictions, aliens' registration
or national service obligations.

PART IV
Inmunities and privileges of official staffs and of high
officers' families.

1. Where any person is entitled to any such immunities and
privileges as are mentioned in Part II of this Schedule as a representa-
tive on any organ of the organisation or a member of any committee of
the organisation or of an organ thereof, his official staff accompanying
him as such a representative or member shall also be entitled to those
immunities and privileges to the same extent as the retinue of an envoy
of a foreign sovereign Power accredited to Her Majesty is entitled to
the immunities and privileges accorded to the envoy.

2. Where any person is entitled to any such immunities and
privileges as are mentioned in Part II of this Schedule as an officer of
the organisation, that person's wife or husband and children under the
age of twenty-one shall also be entitled to those immunities and
privileges to the same extent .as the wife or husband and children of an
envoy of a foreign sovereign Power accredited to Her Majesty are
entitled to the immunities and privileges accorded to the envoy.

PART V
Immunities and privileges of the overseas country or
overseas government agency.
1. Exemption from customs duties or any import or export
taxes on goods or any taxes on the purchase, ownership or use of goods
or any other taxes or similar charges on goods, where such goods are
required for the purposes of an agreement to which section 4 of this
Act applies, and, when such goods are no longer so required, exemption
from taxes on the disposition or exportation of such goods, such
exemption from customs duties or import taxes to be subject to
compliance with such conditions as the Governor-General may impose
for the protection of the Revenue.







The Immunities and Privileges (International Organisations
527 and Overseas Countries) Act, 1959.

2. Exemption from any taxes or levies or any investment or
deposit requirements on-

(a) the importation, exportation, use or ownership of any
funds in any currency required for the purposes of an
agreement to which section 4 of this Act applies, or

(b) the disposition or exportation of any of such funds
imported or acquired in the Federation and no longer
required for the aforesaid purposes:

Provided that such exemption shall be subject to compliance
with such conditions as the Governor-General may impose for the
protection of the Revenue.

PART VI
Immunities and privileges of persons assigned for duty
in the Federation.

1. Exemption from income tax or social security taxes with
respect to income upon which such persons are required under the law
of the overseas country in question to pay taxes of a similar kind.

2. Exemption from taxes on the purchase, ownership or use of
personal property required by such persons for their own use or for the
use of their families.

3. Exemption from customs duties, export and import taxes,
consular fees and similar taxes and fees on household goods, baggage
and personal effects and other articles required by such persons for
their own use or for the use of their families:

Provided that such exemption from customs duties or import
taxes shall be subject to compliance with such conditions as the
Governor-General may impose for the protection of the Revenue.

PART VII
Immunities and privileges of families of persons assigned
for duty in the Federation.

Where any person is entitled to any such immunities and
privileges as are mentioned in Part VI of this Schedule as a person
assigned for duty in the Federation in pursuance of an agreement to
which section 4 of this Act applies, that person's wife and children
under the age of twenty-one living with such person in the Federation
shall be entitled to the immunities and privileges set out in Part VI of
this Schedule.








The Immunities and Privileges (International Organisations
and Overseas Countries) Act, 1959. 528

Passed by the House of Representatives this 19th day
of May, 1959.

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

L. A. RADIX,
Deputy Speaker.

Passed by the Senate with an amendment this 29th day
of May, 1959.

D. F. MAYERS,
Acting Clerk of the Senate.

A. S. CATO,
President of the Senate.

Amendment by the Senate agreed to with amendment
and consequential amendments made by the House of Repre-
sentatives this 1st day of June, 1959.

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

Amendments by the House of Representatives agreed to
by the Senate this 2nd day of June, 1959.

D. F. MAYERS,
Acting Clerk of the Senate.


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






























THE WEST INDIES GAZETTE


Vol. 2 FRIDAY, 17th JULY, 1959 No. 38


LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS

TABLE OF CONTENTS

No. Page
18 of 1959 The Federal Supreme Court (Appeal) Rules, 1959 566









566 The Federal Supreme Court (Appeal) Rules, 1959.



THE WEST INDIES

STATUTORY INSTRUMENT No. 18 of 1959.

THE FEDERAL SUPREME COURT (APPEAL)
RULES, 1959

Made by the Chief Justice and two Judges of the Federal
Supreme Court under the Federal Supreme Court Regulations, 1958,
and under articles 85 and 110 of the Constitution of The West Indies.


TABLE OF CONTENTS

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

Appeals Generally
3. Forms in Appendices A and C to be used.
4. Times of sittings and vacation.
Days on which Central Registry is to be closed.
Days on which Sub-Registries are to be closed.
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.

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.









The Federal Supreme Court (Appeal) Rules, 1959. 567

5. Notice by respondent of contention that judgment should be varied.
6. Amendment of notice of appeal and 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. Applications 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 Federation or Territory exempted from payment
of fees.
30. Legal practitioners' fees.
31. Fees not chargeable under rules 29 and 30.
32. Taxation of costs.
Objections to taxation.
Review of taxation by Taxing Officer.
Procedure on appeal from the Court sitting
in its original jurisdiction
33. Appeals from Court exercising its original jurisdiction.

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 regulation 21(b).









568 The Federal Supreme Court (Appeal) Rules, 1959.

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 Registrar.
Definition of "party interested".
Transcript of shorthand notes or Judge's notes not to be supplied
free except by an 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 or 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.

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 Regulations.
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.









The Federal Supreme Court (Appeal) Rules, 1959.


Suspension of Orders and Admission to Bail
16. Person in custody in default of payment of fine.
Power of Court of trial to impose recognizances.
Appellant committing breach of recogizance.
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.
Person affected may appear.

Procedure on application for bail. Right of
Sureties. Estreat of Recognizances
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.
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 on 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.









570 The Federal Supreme Court (Appeal) Rules, 1959.

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 for examination.
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.

Case stated under regulation 37 of the Regulations
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
regulation 37.
Duties of Registrar
29. Duties of Registrar with respect to notices of appeal, etc.

Windward Islands and Leeward Islands
30. Ascertainment of Territory in which Supreme Court, Windwards
and Leewards exercise its criminal jurisdiction.

ORDER IV
APPEALS FROM FULL COURT'S ORDER ON APPEAL
FROM INFERIOR COURTS
1. Institution of appeals under regulation 40 of the Regulations.
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 and 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 Regulations.









The Federal Supreme Court (Appeal) Rules, 1959. 571

ORDER VI

APPEALS FROM COURTS-MARTIAL UNDER PART V
OF THE DEFENCE ACT, 1958
1. Interpretation.
2. Applications for leave to appeal and notices.
3. Abandonment of appeal.
4. Extension of time.
5. Application to a single Judge.
6. Courts-martial proceedings.
7. Copies of proceedings.
8. Documents and exhibits.
9. Security of documents, etc.
10. Witnesses.
11. Special Commissioner.
12. Presence of appellant at hearing.
13. Notifying results of appeals, etc.
14. Restitution order.

APPENDIX A
Civil Forms.

APPENDIX B
PART I
Fees of Court in Civil Appeals and Appeals from the Court exercis-
ing its original jurisdiction.
To be paid to the Deputy Registrar of the Federal Supreme Court.

PART II
Fees payable to Court from which appeal is brought.

PART III
Legal Practitioners' Fees in Civil Appeals and in appeals from
the Court exercising its original jurisdiction.

PART IV
Witnesses', Interpreters', Special Commissioners' and Examiners'
Fees.

APPENDIX C
Criminal Forms.

APPENDIX D
Persons with whom Applications or Notices are lodged under Rule
2(4) of Order VI.









572 The Federal Supreme Court (Appeal) Rules, 1959-0. I.

The Chief Justice of The West Indies and two Judges of
the Federal Supreme Court selected by him, in exercise of the powers
conferred upon them by article 85 of the Constitution of The West
Indies, and of all other powers enabling them in that behalf, hereby
make the following Rules:-

ORDER I
PRELIMINARY
Short 1. (1) These Rules may be cited as "The Federal Supreme Court
title and (Appeal) Rules, 1959", .nd shall come into operation on the first day
commence
ment. of August, 1959.
(2) As from the date of commencement of these Rules, the
Federal Supreme Court (Appeal) Rules, 1958, shall cease to have effect.

Definitions
Defini- 2. (1) In these Rules, unless it is expressly provided to the con-
tions. trary or the context otherwise requires-
"appellant" means the party appealing from a judgment,
conviction, sentence or order and includes his legal repre-
sentative;
"Attorney-General" means the Attorney-General of the
Territory from which the appeal is brought;
"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 Regulations;
"file" means file in a Registry, and
"filed" and "filing" have corresponding meanings;
"Government Gazette" means, in relation to a Territory, the
Gazette published by the authority of the Government of
that Territory 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, advocate, solicitor,
attorney or legal practitioner admitted to practise as such
in any part of the Federation whether or not he has the
right of audience in the Court;
"Magistrate" includes every person exercising jurisdiction,
whether full or limited, in a court of summary jurisdiction
under the laws of a Territory;
"order" includes decree, judgment, sentence or decision of a
court below or a judge thereof;










The Federal Supreme Court (Appeal) Rules, 1959-0. I.


"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 the Territory from which the
appeal is brought 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;
"the Regulations" means the Federal Supreme Court
Regulations, 1958;
"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 Regulations
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 Con-
stitution shall have the same meaning when used in these Rules.
(b) The Interpretation Regulations, 1958, shall apply to the Interpre-
interpretation of these Rules as they apply to the interpretation of an station
Act as defined in those Regulations. Regula-
tions.
Appeals Generally
3. The forms set out in Appendices A and C to these Rules, Forms in
or forms as near thereto as circumstances permit, shall be used in all Appendices
cases to which such forms are applicable. A and C
to be used.
4. (1) Sittings of the Court shall be held at such times as the Times of
Chief Justice may direct; subject to such directions, sittings (to be sittings
and
known as "general sittings") shall be held for the disposal of the vacation.
appeals pending from each Territory four times a year as follows:-
Ist October to 21st December;
llth 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:









574 The Federal Supreme Court (Appeal) Rules, 1959-0. I.

Provided that in urgent cases applications may be heard and
determined during vacation by the Court or a single judge thereof.
(b) The Court will not sit on Sundays and will not sit in
any Territory on days that are public holidays in that Territory, and
on such other days as the Chief Justice may direct.
Days on (c) The Central Registry of the Federal Supreme Court shall
which be open on every day of the year except Sundays, iGood Friday, Easter
Central E
Registry Eve, Monday and Tuesday in Easter week, Corpus Christi, Whit
is to be Monday, Christmas Day and the next following working day, and all
closed, other days appointed to be observed as public holidays in the Territory
of Trinidad and Tobago from the hours of 9 a.m. to 4 p.m. except
Saturday when the offices of the Registry will be closed at 12 noon.
Days on (d) Each Sub-Registry of the Federal Supreme Court shall
which be open on every day of the year except such days on which the Registry
Registries of the Supreme Court of the Territory in which such Sub-Registry
are to be is situate is closed.
closed.
Notice of 5. (1) Notice of each general sitting shall be published by the
sittings. Registrar of the Court in the Government Gazette of the Territory
in which each appeal arose at least one week 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 pub-
lished at least two days before the date appointed for the commence-
ment of the sitting.
(2) The Deputy-Registrar shall on the publication of the said
notices in the Government 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. (1) In all proceedings before the Court, the parties may appear
audience, in person or be represented on appeal by any person.
(a) who might have had a right of audience in the pro-
ceedings before the superior court from whose order
the appeal is brought, or
(b) is a member of one of the Inns of Court and has the
right of audience before a superior court of a Terri-
tory or before the Supreme Court of British Guiana.
(2) In all proceedings before the Registrar or the Registrar of
the Court below, and in all preliminary and interlocutory proceedings
and applications except such as are heard before the Court, the parties
thereto may be represented and appear by a solicitor alone.

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








The Federal Supreme Court (Appeal) Rules, 1959-0. I.


(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.
8. Subject to the provisions of regulation 28(3) of the Regula- Enlarge-
tions (relating to the time within which an appeal may be brought in meant of
a capital case to the Court), and to Order II, rule 3(3) of these Rules, time and
the Court may enlarge the time prescribed by these Rules for the rture
doing of anything to which these Rules apply, or may direct a depar- Rules.
ture from these Rules in any other way where this is required in the Regula-
interests of justice. tion 28(3).


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 here-
under shall be served by leaving a true copy thereof in the manner
specified in the second column:-

Column 1 Column 2
(a) All documents required to be by personal service on the party
served- or his authorised agent, or on the
(i) on parties to an action person not a party.
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 by leaving the document at the
served on parties who have address for service with a person
an address for service, 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-com-
time being in force shall not prevent the further prosecution of his pliance
appeal if the Court considers that such non-compliance was not wilful, with Rules.
and that it is in the interests of justice that non-compliance be waived.









76 The federal Supreme Court (Appeal) Rules, 1959.-0. II.


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.

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 brought
grounds of by notice (hereinafter called "the notice of appeal"), to be filed together
appeal.
Civil with two copies thereof with the Registrar of the Court below, which
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 dis-
tinct 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 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 Registrar of the Court below shall send one copy of
the notice of appeal to the Registrar and the other copy to the Deputy-
Registrar in the Territory from which the appeal is brought.

Appeal 2. (1) Where an appeal lies by leave only any person desiring
by leave to appeal shall apply to the Court for leave within fourteen days from
only. the date of the decision against which leave to appeal is sought by
Civil
Form 2. notice of motion to be filed together with four copies thereof with the
Registrar of the Court below.









The Federal Supreme Court (Appeal) Rules, 1959.-0. II. 577

(2) The Registrar of the Court below shall send the four copies
of the notice of motion to the Registrar.
(3) 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 the order granting leave shall be annexed
to the notice of appeal.
3. (1) Subject to the provisions of this rule, no appeal shall be Time
brought after the expiration of six weeks from the date of judgment limits for
delivered or order made, against which the appeal is brought, pro- appealing.
vided that in the case of an appeal-
(a) against an interlocutory order or judgment the period
shall be fourteen days; and
(b) against an order or judgment made in the matter of
the winding up of a company, or in the 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 in the Registry of the Court below.
(3) No application for enlargement of time in which to appeal Extension
shall be made after the expiration of one month from the expiration of time
of the time prescribed within which an appeal may be brought. Every for
such application shall be made by notice of motion 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.
(4) The notice of motion and the supporting affidavit shall be
filed together with four copies thereof with the Registrar of the Court
below who shall send the four copies of the notice of motion and the
supporting affidavit to the Registrar.
(5) This application shall be heard by three Judges of the Court
as comprised for determination of appeals.
(6) When time is so enlarged a copy of the order granting
such enlargement shall be annexed to the notice of appeal.
4. (1) A true copy of the notice of appeal shall be served upon Service of
all parties directly affected by the appeal and it shall not be necessary notice of
to serve any party not so affected; but the Court may direct notice appeal.
of appeal to be served on all or any parties to the action or other pro-
ceeding, 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 con-
respondent intends, upon the hearing of an appeal, to contend that that
the decision of the Court below should be varied, he shall, within judgment
fourteen days after service of the notice of appeal, or within such should be
time as may be prescribed by special order made on application, give varied.
written notice of such intention to any parties who may be affected Fivi 3
written notice of such intention to any parties who may be affected Form 3,









578 The Federal Supreme Court (Appeal) Rules, 1939.-0. II.

by such contention, 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 Registrar of the Court below.

(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 Registrar of the Court
below 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 Regulations upon the Court but may, in the discre-
tion 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-
notie of (a) by or with the leave of the Court at any time;
appeal and (b) without such leave, by supplementary notice served,
of respon- before the date on which the appeal appears in the
dent's cause list published in accordance with Order I rule 5,
notice. upon each of the parties upon whom the notice of appeal
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.

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'
ary objec- notice thereof before the hearing setting out the grounds of objection
tion to be and shall file such notice together with four copies thereof with the
iledorm Registrar of the Court below within the same time.
4. (2) If the respondent fails to comply with this rule the Court
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

Settling 8. (1) The Registrar of the Court below shall upon an appeal being
record of brought summon the parties before him to settle the documents (which
appeal. expression shall include any other matter which may form part of a
Civil Form record) to be included in the record and shall, whether any of the
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 prac-
ticable, taking special care to avoid duplication of documents and un-
necessary 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.









The Federal Supreme Court (Appeal) Rules, 1959.-0. II.


(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 sub-
sequent 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 to.

9. When any question of fact is involved in an appeal, theEvidence.
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 orCopies of
long hand have been taken by a person employed by any court orproceed-
taken by the Judge of the Court below, copies of such parts of theseings in
Court
notes as are required for the record of appeal shall be supplied bybelo,
the Registrar of the Court below on payment of the fees prescribed
in Appendix B.

(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.

11. (1) Every document or paper required by these Rules to be filedPrinting
or left with the Registrar or the Registrar of the Court below shallor typing
be legibly printed, cyclostyled or typewritten with black ink (excludingof record.
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. Correspondence and exhibits shall be
arranged together at the end of the record.









580 The Federal Supreme Court (Appeal) Rules, 1959.-0. II.


(3) The Registrar or the Registrar of the Court below 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 so filed or received.

Copy of 12. (1) Any party may apply for and, on payment of the prescribed
list of fee, obtain an 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 the 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 in the Territory in which the
appeal is to be heard 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
documents 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
appeal. the appeal is brought or within such extended time as may be granted
by the Court below or the Court-
(i) file with the Registrar of the Court below-
(a) the record;
Civil Form (b) an affidavit of service of the notice of appeal; and
(ii) leave four copies of the record for the use of the Judges
and the Registrar of the Court.

Civil Form (2) The Registrar of the Court below shall thereupon give notice
7. in Form 7 to the respondent of the filing of the record.

Transmis- (3) The Registrar of the Court below shall forthwith-
sion of
the (a) send the four copies of the record to the Registrar for
record, the use of the Judges of the Court and the Registrar;
Civil Form (b) cause to be served on all parties mentioned in the notice
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
With- 14. If the appellant files with the Registrar of the Court below
drawal of
appeal. a notice of withdrawal of his appeal the appeal shall stand dismissed
Civil Form with costs on the date on which such notice is filed. The appellant
9. at the same time shall serve copies of the notice of withdrawal on all









The Federal Supreme Court (Appeal) Rules, 1959.-0. II.


or any of the parties with regard to whom the 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 provision of rule 13 of this Order, and before thefiling re-
conclusion of each general sitting he shall report to the Court any cord and
failure on the part of an appellant so to comply and the Court of its ments.
own 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 appellant has failed to comply with the requirements
of rule 13(1) of this Order or any part thereof the respondent may
apply to the Court to dismiss the appeal for want of prosecution and
the Court, if satisfied that the appellant has so failed, may dismiss the
appeal 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
(a) giving security for costs to be occasioned by any appeals; dingle
(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 interlocutory
application.

(2) Every order make 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.

17. (1) Applications referred to in the preceding rule shall ordinarilyApplica-
be made to a Judge of the Court, but, where this may cause unduetions to
inconvenience or delay, a Judge of the Court below may exercise the Curt
powers of a single Judge of the Court under that rule.

(2) The Deputy-Registrar or the Registrar of the Court below
shall send to the Registrar one copy of any application made to a
Judge of the Court below and of the order made thereon.









582 The Federal Supreme Court (Appeal) Rules, 1959.-0. II.

Mode of 18. (1) An application for leave to appeal in forma pauperis may be
applica- made ex parte by affidavit containing the grounds of the application
tion. and the order asked for.
(2) Any other application under these Rules shall be made by
way of summons or motion on notice. Such application shall be sup-
ported by affidavit, a copy of which shall be served with the summons
or notice of motion.
(3) Where an application is made ex parte 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 pro-
stay ex- ceedings under the judgment appealed from, except so far as the Court
cept by below or the Court may order, and no intermediate act or proceeding
order, 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.

Applica- 20. (1) Before an application for security for costs is made, a written
tion for demand shall be made by the respondent and if the demand is refused
security or if an offer of security be made by the appellant and not accepted
or costs by the respondent, the Court or the Court below shall in 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.
Bond. (4) A bond with sureties for securing the costs of an appeal
Civil Form shall be in Civil Form 10.
10.

Applica- 21. (1) An application for leave to appeal in forma pauperis shall be
tion for accompanied by-
leave to
appeal (a) an affidavit stating-
in forma (i) that the appellant is not worth $120 or 25 except-
pauperis. ing his wearing apparel and tools of trade and his
interest in the subject matter of the intended appeal;
(ii) that his usual income from all sources does not ex-
ceed $9.60 or 2 a week;
(b) a certificate of counsel that the appellant has reasonable
ground of appeal.









The Federal Supreme Court (Appeal) Rules, 1959.-0. II.


(2) Where an appellant obtains leave to appeal in forma pauperis
he shall not be required to lodge security for the costs of the respon-
dent 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

22. An appeal against an interlocutry order shall be heard before Interlocu-
not less than two Judges of the Court tory
appeals.
Number of
Judges.
23. If the appellant fails to appear when his appeal is called on Dismissal of
for hearing the appeal may be struck out or dismissed with or without appeal in
costs. default of
appearance.

24. When an appeal has been struck out owing to the non-Applica-
appearance of the appellant the Court may, on application by the tin to
appellant by notice to the Court, if it thinks fit, and on such terms as appeal
to costs or otherwise as it may deem just, direct the appeal to be dismissed
re-entered for hearing. Provided that no application under this rule under
shall be made after the expiration of twenty-one days from the date Order 11,
of the judgment or order sought to be set aside. rule 23.

25. If the respondent fails to appear when the appeal is calledNon-ap-
on for hearing the Court may proceed to hear the appeal e. part. pearaneo
dent.

26. (1) Where an appeal has been heard e.r parte under rule 25 of Applica-
tion to
this Order and any judgment has been given therein adverse to theset aside
respondent he may apply by motion to the Court to set aside such ex parte
judgment and re-hear the appeal and the Court may, if it thinks fit judgment.
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 set 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.

27. Subject to the provisions of paragraph (5) of article 85 of Delivery of
the Constitution, the judgments of the Court shall normally be delivered judgment.
in the Territory where the appeal was heard 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 the same or some other Territory; and









584 The Federal Suprenie Court (Appeal) Rules, 1959.-0. II.

(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 judg- 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
Court
below. Registrar to such other Court, and the latter shall enforce such judg-
Civil Form ment in terms of the certificate.
11.
Fees and Costs
Court 29. (1) Save as hereinafter provided, the fees prescribed in Appendix
Fees. B shall be charged in respect of the matters to which they are respec-
tively assigned. The fees chargeable under Part I of Appendix B shall
be paid to the Deputy-Registrar and those chargeable under Part II
shall be paid to the Registrar of the Court below.
Govern- (2) No fees shall be payable by the Federation or a Territory
meant of or any person suing or being sued on behalf of the Federation or a
ooeera- Territory in respect of-
Territory (a) any civil appeal to which the Federation or a Territory
exempted or any person so suing or being sued is a party; or
from pay- (b) any suit instituted by or against the Federation or a
ment of
fees. Territory or any person so suing or being sued:
Provided that a judgment in favour of the Federation or a
Territory or any person so suing or being sued for costs to be paid by
any party, not being the Federation or a Territory, 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.
Legal 30. (1) Subject to the provisions of this rule, a Taxing Officer when
tioner's taxing the fees for professional legal services shall-
fees. (a) unless the Court when awarding costs orders otherwise,
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
over-caution, negligence or mistake, or by payment of
special fees to counsel or special charges or expenses
to witnesses or other persons, or by other unusual ex-
penses;
(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;









The Federal Supreme Court (Appeal) Rules, 1959.-0. II.


(b) in any matter which does 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 ex-
penses 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 ad-
herence to such provisions would be inequitable.

31. The fees to be charged for interpreters, witnesses, specialFees not
commissioners and examiners shall be those set forth in Part IV of charge-
Appendix B. able under
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 be of costs.
ordered to be taxed.
(2) The Registrar or such Deputy-Registrar as the Registrar
by general or special direction shall nominate shall be the Taxing
Officer.
(3) Any party who may be dissatisfied with the allowance orObjections
disallowance by the Taxing Officer, in any bill of costs taxed by him, to taxa-
of the whole or any part of any items, may, at any time before the tion.
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 consideration 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.
(4) Upon such application the Taxing Officer shall reconsider Review of
and review his taxation upon such objections, and he may, if he shall taxation
think fit, receive further evidence in respect thereof, and, if so required by Tax-
by either party, he shall state either in his certificate of taxation or ng
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 to set aside such order,
decision or ruling and to make such further order as it may think fit.









586 The Federal Supreme Court (Appeal) Rules, 1959.-0. III.


(6) Any application to the Court 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.

Procedure on appeal from the Court sitting
in its original jurisdiction
Appeals 33. (1) The provisions of these Rules shall apply to all appeals from
from Court the Court sitting in its original jurisdiction.
exercising
its original
jurisdic- (2) References to the Deputy-Registrar shall be deemed references
tion, to the Registrar, and references to the Registrar of the Court below shall
be deemed references to the Deputy-Registrar unless the case was tried
in the Territory where the Registrar resides when the duties of the
Deputy-Registrar in regard to appeals under this Part shall be
performed by the Registrar.

(3) The forms in Appendix A to these Rules, or as near thereto
as circumstances permit, shall be used in all cases to which such forms
are applicable in appeals from the Court sitting in its original
jurisdiction.

ORDER III

APPEALS AGAINST CONVICTION ON INDICTMENT

Institution of Appeals
Obligation 1. A person desiring to appeal to the Court against conviction
on ap- or sentence shall commence his appeal by sending to the Registrar of
pellant to the Court below a notice of appeal or notice of application for leave to
fill up appeal or notice of application for extension of time within which such
appeal notice shall be given, as the case may be, in the form of such notices set
notices and forth in Forms 1 or 2 in Appendix C, and, in the notice or notices so sent,
answer shall answer the questions and comply with the requirements set forth
questions thereon, subject to the provisions of Order 1 rule 10. The answers to
tereonal the questions which an appellant is by this rule required to make in
Forms 1 support of his request to be present at the hearing of his appeal shall
and 2. be deemed to be applications to the Court in such matter.
Judge's 2. (1) The certificate of the Judge of the Court below under
certifi-
cate under regulation 21(b) of the Regulations may be in Form 3 in Appendix C.
regulation (2) The Judge of the Court below may, in any case in which he
Criminal considers it desirable so to do, inform the person convicted before or
Form 3. sentenced by him that the case is in his opinion one fit for an appeal
to the Court under regulation 21(b) of the Regulations and may give
to such person a certificate to that effect in the Form 3 in Appendix C.
Notices to 3. (1) Every notice of appeal or notice of application for leave to
be signed appeal or notice of application for extension of time within which such
antppe notice shall be given shall be signed by the appellant himself, except
under the provisions of paragraphs (4) and (5) of this rule.









The Federal Supreme Court (Appeal) Rules, 1959.-0. III. 587

Any other notice required or authorised to be given shall beSignature
in writing and signed by the person giving the same or by his legal" o
notices of
representative. All notices required or authorised to be given shall beappea ad
addressed to the Registrar of the Court below to be forwarded by him other
to the Registrar of the Court. notices.
(2) Where an appellant or applicant is a prisoner in prison it Service of
shall be sufficient service to deliver the document at the prison to thedocuments
officer in charge or person appearing to be the officer in charge thereof, "n per-
who shall cause the same to be served on such prisoner, prison.
(3) Where an appellant or any other person authorised orWhere ap-
required to give or send any notice of appeal or notice of any applica-pellant
tion is unable to write, he may affix his mark thereto in the presence of unable
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 in-
on the ground that he was insane at the time the act was done or the sanity in-
ommission made by him, any notice required to be given and signed byvolved.
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 otherNotice,
document is required to be signed by the appellant himself, it shall be etc., on
sufficient compliance therewith if such notice or other document isbehalf
signed by the secretary, clerk, manager or legal representative of such f cor-n
body corporate.

4. The time within which a person convicted shall give notice Time for
of appeal or notice of his application for leave to appeal to the Court appealing
against his conviction, shall commence to run from the day on which against con-
the verdict of the jury was returned, whether the Judge of the courtrun from
of trial shall have passed sentence or pronounced final judgment upon verdict.
him on that day or not.

5. The time within which a person convicted and sentenced, Time for
shall give notice of appeal or notice of application for leave to appealappealing
against such sentence to the Court, shall commence to run from the against
sentence
day on which such sentence shall have been passed upon him by the to run
judge of the court of trial, from pro-
nounce-
ment of
sentence.

6. An application to the Court for an extension of time within Notice of
which notices may be given, shall be in the Form 2 in Appendix C. pplica-
Every person making an application for such extension of time, shall extension
send to the Registrar of the Court below together with the proper form of time for
of such application, a form, duly filled up of notice of appeal, or of notice appealing.
of application for leave to appeal, appropriate to the ground or grounds Criminal
upon which he desires to question his conviction or sentence, as the caseForm 2.
may be.









588 The Federal Supreme Court (Appeal) Rules, 1959.-0. III.

Copies of Proceedings, etc.
Forward- 7. (1) The Registrar of the Court below when he has received a
ing of notice of appeal or a notice of application for leave to appeal, or a
proceed-
ings in notice of application for extension of the time within which under the
Court Regulations such notice shall be given, shall forward to the Registrar
below to four copies of the proceedings in the Court below and if any record has
Registrar.
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 state-
ment 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
(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.

Records 8. (1) Where any trial is had with a jury or assessors, and, by
of summ- direction of the Judge of the Court below, notes in long hand or in short-
ing up. hand or typewritten shall have been taken of the summing up or direction
of the Judge and of 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.










The Federal Supreme Court (Appeal) Rules, 1959.-0. III. 589

(3) The shorthand writer shall sign the shorthand note taken by Short-
him of any trial or proceedings, or of any part of such trial or proceed-hand note
ings, and certify the same to be a complete and correct shorthand note riied by
thereof; and such shorthand note shall be kept in such custody as the the
Registrar of the Court below shall, either specially or generally, directwriter.

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

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

(6) Where no notes in long hand or in short hand 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 appea., 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 otherParty in-
proceedings in relation to which a person may appeal under the Regula-terested
tions, the Registrar of the Court below shall direct the shorthand writer may ob-
to furnish to such party, and to no other person, a. transcript of the taript
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 the Territory from
which the appeal is brought for copies of proceedings required on appeal
in any criminal cause or matter.

(8) A party interested in an appeal under the Regulations mayParty in-
obtain from the Registrar of the Court below a copy of the transcript terested
of the whole or of any part of such shorthand note as relates to themay ob-
tain tran-
appeal on payment to the proper officer of the Court below of such feeSscript from
as may be prescribed by rules of court in the Territory from which the Registrar.
appeal is brought for copies of proceedings required on appeal in any
criminal cause or matter.

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











590 The Federal Supreme Court (Appeal) Rules, 1959.-0. III.


Transcript (10) A transcript of the shorthand notes taken of the proceedings
of short- at the trial (or a copy of the Judge's notes of the trial) of any appellant
aorJudne'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
to be his counsel or solicitor assigned to him under the Regulations.
supplied
free ex-
cept by
an 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.

Furnish- 10. When the Registrar of the Court below requests the Judge of
ing Judge the Court below to furnish a report under these Rules, he shall send
of Court
below with to such Judge a copy of the notice of appeal or notice of application
materials for leave to appeal or any other document or information which he shall
for re- consider material, or which the Court at any time shall direct him to
port. 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 Regulations or these Rules,
respondent an appellant or respondent, or the solicitor or other person representing
omay t in either of them, may obtain from the Registrar of the Court below copies
gistrar of of any documents (other than notes of proceedings) or exhibits in his
Court possession under the Regulations or these Rules for the purposes of
below such appeals. Such copies shall be supplied by the said Registrar on
copies of payment to the proper officer of the Court below of such fee as may be
documents prescribed by rules of court in the Territory from which the appeal is
or ex-
hibits. brought for copies of proceedings required on appeal in any criminal
cause or matter.


Counsel (2) Where solicitor and counsel, or counsel only, are assigned
and solicitor
assigned to to an appellant under the Regulations, copies of any such documents
an appellant or exhibits which they or he may request the said Registrar to supply
may receive shall without charge be supplied unless the said Registrar thinks that
copies of they are not necess-ary for the purpose of the appeal.
documents
and ex-
hibits free
on re-
uuest.









The Federal Supreme Court (Appeal) Rules, 1959.-0. III.


(3) Where an appellant, who is not legally represented requiresAppellant
from the said Registrar a copy of any such document or exhibit in hisnot
custody for the purposes of his appeal, he may obtain it free of charge,legally re-
if the said Registrar thinks, under all the circumstances, it is desirableresea tain
or necessary to supply the same to him. copy of
documents
or exhibits
Conduct of Prosecution and Defence free.

12. (1) Whenever the Registrar has received a notice of appeal or aRegistrax
notice of application for leave to appeal, or a notice of application forto re-
an extension of time within which such notices shall be given, he shallr oircer
forthwith apply to the Registrar of the Court below for the following of Court
particulars- below to
furnish
(a) Name and address of the prosecutor. State names andhim with
addresses of counsel and/or solicitor for prosecution. particu-
lars etc.,
(b) Whether appellant was defended by counsel and of trial.
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
prosecu-
(b) if the prosecutor is a private person, enquire if he intends tor, if a
to defend the appeal and, if the answer is in the negative, private
so inform the Attorney General. person, of
receipt of
notice of
appeal.

(3) It shall be the duty of a prosecutor, who declines to resistProsecutor
an appeal, and of his counsel or solicitor, to furnish to the Registrarto afford
ail infor-
and the Attorney General, or either of them, any information, docu-mation,
ments, matters and things in his possession or under his control connected docu-
with the proceedings against the appellant, which the Registrar orments, etc.,
to Regis-
Attorney General may require for the purposes of their duties undertrar and
the Regulations. Attorney-
General.

Legal Aid to Appellants

13. (1) The Registrar shall cause to be prepared in such form as he List of
thinks most convenient for each Territory a separate list of counsel cunsel
and solici-
who are willing to act as counsel for appellants if and when nominatedtors for
under the Regulations. purposes of
the Re-
(2) The Registrar shall also cause to be prepared in such formgulations.
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 Regulations.








592 The Federal Supreme Court (Appeal) Rules, 1959.-0. III.

Legal aid (3) When legal aid is assigned to an appellant, the Court may
to be pro- give .such directions as to the stage of the appeal at which such legal
vided from aid shall commence and whether counsel only, or counsel and solicitor,
shall be assigned or otherwise as it may think right.

(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

Proce- 14. (1) Where any application has been dealt with by a single
dure on Judge, the Registrar shall notify to the appellant the decision in Form
decision of 5 in Appendix C. In the event of such Judge refusing all or any of
apli a- such 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 applications
Forms 5 determined by the Court as duly constituted for the hearing of appeals
and 6. under the Regulations or does not return within five days to the Regis-
trar 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 Regulations and
is not legally represented he may, if the Court give him leave, be present
at the hearing and determination by the Court of his said application
or applications; 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
prescribed time to the Registrar Form 6 expressing a desire to be
present at the hearing and determination by the Court of the applica-
tions 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 application 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 constitut-
ing 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.

Applica- (3) Except where otherwise provided in these Rules, any
tion not application to the Court may be made by the appellant or respondent,
provide or by counsel on their behalf, orally or in writing; but in regard to such
for, how applications, if the appellant is unrepresented and is in custody and is
made. not entitled or has not obtained leave to be present before the Court,









The Federal Supreme Court (Appeal) Rules, 1959.-0. III. 593

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 regulation 36 of the Solicitor's
Regulations, and in all preliminary and interlocutory proceedings andright of
applications except such as are heard before the Court, the partiesaudience
thereto 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 paragraph
(b), (c), (d) or (e) of regulation 36 of the Regulations.

15. Where the Court has, on a notice of application for leave toNotice of
appeal duly served and in Form 1 in Appendix C, given an appellantapplica"
tion for
leave to appeal, it shall not be necessary for such appellant to give any leave to
notice of appeal but the notice of application for leave to appeal shallappeal
in such case be deemed to be a notice of appeal. be notice
of appeal
if applica-
tion
granted.
Suspension of Orders and Admission to Bail

16. (1) Where a person has, on his conviction, been sentenced toPerson in
payment of a fine, and in default of payment to imprisonment, and suchcustody in
person remains in custody in default of payment of the fine, he shall be default of
deemed, for purposes of appeal, to be a person sentenced topayment
imprisonment. of fne.

(2) Where any person has been convicted and is thereuponPower of
sentenced to the payment of a fine, and, in default of such payment, Court of
to imprisonment, and he intimates to the Judge of the Court below thattrial to
he is desirous of appealing to the Court against his conviction, such mpoe re-
Judge may, if he thinks right so to do, order such person forthwith toances.
enter into recognizances in such amount, and with or without sureties
in such amount, as such Judge may think right, to prosecute his appeal, riminal
and, subject thereto, may order that payment of the said fine shall berand 8.
made at the final determination of his said appeal, if the same be
dismissed, to the Registrar of the Court below, or as the Court may then
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.

(3) If an appellant to whom paragraph (2) of this rule applies Appellant
does not serve in accordance with these Rules a notice of appeal or ofcommitt-
abandonment of his appeal within fourteen days from the date of hising breach
conviction or sentence, the Registrar of the Court below shall report aog"
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,









594 The Federal Supreme Court (Appeal) Rules, 1959.-- 0. 11.

order an estreat of the recognizances of the appellant and his sureties,
Criminal and the manner of such estreat shall be that provided for estreating
Forms 9 recognizances under the law of the Territory from which the appeal is
and brought, and may issue a warrant for the apprehension of the appellant
and may commit him to prison 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
fine on sentence, shall, in the event of his appeal being successful, be entitled,
success 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 Court
ary sus- below makes an order condemning such person to the payment of the
pension of whole or of any part of the costs and expenses of the prosecution for
orders the offence of which he shall be convicted out of any moneys taken
mlade on
convide from such person on his apprehension or otherwise or where such Judge
tion as to lawfully makes on the conviction of any person before him any order
money, for the payment of money by such convicted person or by any other
awards, person or any order affecting the rights of property of such convicted
costs, etc. 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 fourteen 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 Regulations or may 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.

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

Judge's (3) Where the Judge of the Court below makes any such order
directions on a person convicted before him, as in this rule mentioned, he shall
as to pro- give such directions as he thinks right as to the retention, by any person,
perty of
convicted of any money or valuable securities belonging to the person so convicted
person and taken from such person on his apprehension or of any money or
pending valuable securities at the date of his conviction in the possession of the
appeal. prosecution for the period of ten days, or in the event of an 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.









The Federal Supreme Court (Appeal) Rules, 1959.-0. III.


(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 suchdirections
person or by any other person upon such conviction, and, by reason of a to secur-
i g pay-
this rule, such order would otherwise be suspended, such Judge may, ent of
if he thinks right so to do, direct that the operation of such order shall money by
not be suspended unless the person on whom such order has been made convicted
shall, in such manner and within such time as the said Judge shallPerson
direct, give security by wvay of undertaking or otherwise for the pay-apendl
ment to the person in whose favour such order shall have been made
of the amount therein named. Such security may be to the satisfaction
of the person in whose favour the order for payment shall have been
made or of any other person as such Judge shall direct.
(5) Where on a conviction any property, matters or things, the Suspen-
subject of the prosecution or connected therewith, are to be or may besion of
order of
ordered to be destroyed or forfeited under the provisions of any rule destruc-
regulation, statute, Act or other law, the destruction or forfeiture portion or
order for destruction or forfeiture thereof shall be suspended for theforfei-
period of fourteen days from and after the date on which the verdictture of
on the indictment was returned, and in the event of an appeal underproperty.
the Regulations, shall be further suspended until the determination
thereof by the Court.
(6) Where, upon conviction of any person of any offence, anySuspen-
claim may be made or any proceedings may be taken under any rule,sion of pro-
regulation, statute, Act or other law against such person or any other feedings or
claims con-
person in consequence of such conviction, such proceedings shall not besequent
taken until after the period of fourteen days from the date on which on convic-
the verdict against such person was returned nor in the event of antion.
appeal under the Regulations to the Court until the determination
thereof.
(7) Any person affected by any orders which are suspended under Person
this rule may, with the leave of the Court, be heard on the finalaffected
determination of any appeal, before any such orders are varied ormay
annulled by the Court. appear.

Procedure on application for bail. Right of Sureties.
Estreat of Recognizances.
18. (1) Where the Court or the Court below admits an appellant toAppell-
bail pending the determination of his appeal on an application by himant and
duly made, the said Court shall specify the amounts in which thesurety's
recogniz-
appellant and his surety or sureties (unless the said Court directs thataneesbe-
no surety is required) shall be bound by recognizance, and shall direct, fore whom
if it thinks right so to do, before whom the recognizances of the appellant to be
and his surety or sureties (if any) may be taken. taken.
(2) The Registrar shall notify the appellant and the officer in APPell-
charge of the prison within which he is confined, of the terms and at and
prison
conditions on which the Court shall admit the appellant to bail underofficer to
the Regulations. receive
notice of
(3) In the event of the Court or Court below not making any terms of
special order or giving any special directions under this rule, the bail.









596 The Federal Supreme Court (Appeal) Rules, 1959.-0. III.

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 Court.

Form of (4) The recognizances provided for in this rule shall be in Forms
recogniz- 11 and 12 in Appendix C.
ances.
Criminal
Forms 11
and 12.
Registrar (5) The Deputy-Registrar, on being satisfied that the recog-
on re- nizances of the appellant and his surety or sureties (if any) are in due
ceiving re- form and in compliance with the order of the Court admitting the
cogniz-
ances in appellant to bail shall forward the recognizances of the appellant and
due form his surety or sureties to the Registrar and shall send in Form 13 in
to notify Appendix C a notice to the officer of the prison in which the appellant
officer of shall then be confined. This notice, when received by the said officer,
prison to shall be a sufficient authority to him to release the appellant from
release
appellant. custody.
Criminal
Form 13.

Presence (6) An appellant who has been admitted to bail shall be personally
of appell- present at each and every hearing of his appeal and at the final
ant on bail determination thereof. The Court may, in the event of such appellant
of hiring not being present at any hearing of his appeal, if it thinks right so to
appeal. do, decline to consider the appeal, and may proceed summarily to
Warrant dismiss the same, and may issue a warrant for the apprehension of the
for appre- appellant in Form 14 in Appendix C.:
hension of
appellant Provided that the Court may consider the appeal in his
on bail. absence, or make such other order as it may think fit.
Criminal
Form 14.
Varying (7) When an appellant is present before the Court, the Court
order for may, on an application made by any person or, if it thinks right so to
bail. do, without any application, make an 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.

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

(9) The Court may on any breach of the recognizances of the appel-
lant, 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 the Territory from which
the appeal is brought.










The Federal Supreme Court (Appeal) Rules, 1959.-0. III. 597

(10) Where the surety or sureties for an appellant upon whoseProvisions
recognizances such appellant has been released on bail by the Courtfor sure-
ties dis-
suspects or suspect that the said appellant is about to depart out of thecharging
Territory, or in any manner to fail to observe the conditions of his their obli-
recognizances on which he was so released, such surety or sureties maygations.
lay an information before a magistrate acting in and for the judicial
district in which the said appellant is, or is by 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.

(11) The said appellant shall, on being apprehended under theHow appell-
said warrant, be brought before the court in and for which the said ant on
magistrate acts, before whom the said information was laid or bail to be
some other magistrate's court specified in the said warrant. The saiddealt with
on arrest
court shall, on verification of the said information by oath of that in-
informant, by warrant of commitment, commit him to the prison to stance of
which persons charged with indictable offences before such court are sureties.
ordinarily committed. 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.

(12) The clerk of the said court on the commitment of any suchArrest and
appellant, shall forthwith notify the Registrar to that effect, and for-commit-
ward to him the said information and the deposition in verificationment of
thereof taken before such court together with a copy of the said warrantapellanti-
of commitment. fled to
Registrar
by clerk.
(13) When an appellant has been released on bail and has, underOfficer in
a warrant under these Rules or by his surety or sureties, been appre- charge of
ended and is in prison, the officer in charge thereof shall forthwithprison on
notify the Registrar who shall take steps to inform the Court thereof,ment of
and the Court may give to the Registrar such directions as to the appealappellant
or otherwise as it shall think right. to notify
Registrar.
Abandonment of Appeal
19. (1) An appellant at any time after he has duly served notice ofAbandon-
appeal or of application for leave to appeal, or of application for exten-ment of
sion of time within which such notice shall be given, may abandon his appeal.
appeal by giving notice of abandonment thereof in Form 15 in Appendix Criminal
C to the Registrar, and upon such notice being given the appeal shall be Form 15.
deemed to have been dismissed by the Court.

(2) Upon receipt of a notice of abandonment duly completed and
signed or marked by the appellant or the party authorised to sign notices









598 The Federal Supreme Court (Appeal) Rules, 1959.-0. III.


under rule 3 of this Order, the Registrar shall give notices thereof in
Criminal Form 16 in Appendix C to the respondent, the Prison Authority and the
Form 16. Registrar of the Court below, and in the case of an appeal against a
conviction involving a sentence of death, shall in like manner give notice
to the Secretary to the Governor, for the information of the Governor
or the Senior Administrative Officer in charge of the appropriate
Territory and the Registrar shall also return to the Registrar of the
Court below any original documents and exhibits received from him.

Determination of Appeal
Varying 20. Where, upon the trial of a person entitled to appeal against
order of his conviction, an order of restitution of any property to any person
restitu- has been made by the Judge of the Court below, the person in whose
tion of favour or against whom the order of restitution has been made, and,
property. 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.

Judg- 21. Unless the Court direct to the contrary in cases where, in
ments of the opinion of the Court, the question for decision is a question of law
the Court. on 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.

Notifica- 22. (1) On the final determination of any appeal or of any applica-
tion on tion to the Court, the Registrar shall give to the appellant, if he be in
final deter- custody and has not been present at such final determination, and to
rination
of appeals. the respondent and the Prison Authority notice of such determination in
Sppal. Forms 17 to 20 in Appendix C.
Criminal
Forms 17
to 20.

Notifica- (2) In any case of an appeal in relation to a conviction involving
tion of a sentence of death, the Registrar shall on receiving the notice of appeal
appeals in or of any application for leave to appeal, send copies thereof to the
caespl Secretary to the Governor for the information of the Governor or the
Senior Administrative Officer in charge of the appropriate Territory
and to the Prison Authority, and on the final determination of any such
appeal by the Court shall forthwith notify the appellant, the Secretary
to the Governor for the information of the Governor or the Senior
Administrative Officer in chrage of the Territory, the respondent and
-the Prison Authority thereof.

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









The' Federal Supreme Court (Appeal) Rules, 1959.-0. III.


(2) The Registrar of the Court below shall on receiving theEntry of
notification referred to in this rule enter the particulars thereof on thedecision
records of such Court. of Court
on records.
24. The Registrar of the Court below shall not issue, under anyRestric-
law authorising him so to do, a certificate of conviction of any person tions on
convicted in the Court below if notice 'of appeal or notice of applicationisse of
certifi-
for leave to appeal is given, until the determination or abandonment ate of
thereof, convic-
tion.

25. Upon the final determination of an appeal for the purposes Return of
of which the Registrar has obtained from the Registrar of the Courtoriginal
below any original depositions, exhibits, information, inquisition, plea, epos"te.
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
26. (1) Where the Court has ordered any witness to attend and beAtten-
examined before the Court an order in Form 21 in Appendix C shall dance of
be served upon such witness specifying the time and place at which towitness
before the
attend for such purpose. Court.
Criminal
Form 21.

(2) Such order may be made on the application, at any time, of Applica-
the appellant or respondent, but if the appellant is in custody and notion to
legally represented the application shall be made in Form 22 in court to
Appendix C. nesses.
Criminal
Form 22.
(3) Where the Court orders the examination of any witness to be Order ap-
conducted otherwise than before the Court itself, such order shallpointing
specify the person appointed as examiner to take, and the place ofexaminer.
taking, such examination and the witness or witnesses to be examined
threat.

(4) The Registrar shall furnish to the person appointed to takeFurnishing
such examination any documents or exhibits and any other material examiner
relating to the said appeal as and when requested to do so. Suchwith ex-
documents and exhibits and other material shall after the examinationhibit etc.,
has been concluded be returned by the examiner, together with anyfor ex-
depositions taken by him under this rule, to the Registrar. amination.

(5) When the examiner has appointed the day and time for theNotifica-
examination he shall request the Registrar to notify the appellant portion of
respondent and their legal representatives, if any, and when the appellant date of
is in prison, the Prison Authority thereof. The Registrar shall cause to ion.
be served on every witness to be examined a notice in Form 23 in Criminal
Appendix C. Form 23.









600 The Federal Supreme Court (Appeal) Rules, 1959.-0: Ill.

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

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

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

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

Proceed- 27. When an order of reference is made by the Court to a special
wings on commissioner, the question to be referred, and the person to whom as
reference, special commissioner the same shall be 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 commis-
sioner shall be furnished to the appellant and respondent.

Case stated under regulation 37 of the Regulations

Judge to 28. (1) The Judge of the Court below shall forward any case stated
forward by him in pursuance of regulation 37 of the Regulations to the Registrar
special who shall on receiving the same send a copy of such case to the appellant
case to
Registrar and respondent respectively.
and
copies to
be sup-
plied to
appellant
and respon-
dent.









The Federal Supreme Court (Appeal) Rules, 1959.-0. III.


(2) Where under the provisions of regulation 37 of the Regula- These Rules
tions, the Judge of the Court below states a case for the considerationto apply
to con-
of the Court, the person convicted shall for the purposes of these Rulesvicted
be deemed to be an appellant who has appealed under regulation 21 of persons
the Regulations, provided that in such case regulation 35(2) thereof where case
shall not apply. stated
under re-
gulation
37.

(3) Where a case is stated or a question of law reserved for the
consideration of the Court under regulation 37 of the Regulations,
paragraphs (1) and (4) only of the following rule shall apply.

Duties of Registrar

29. Subject to the provisions of rule 28-- Duties of
Registrar
(1) The Registrar shall take all necessary steps for obtaining with re-
hearing under Part III of the Regulations of any appeal or application, spet to
notices of
notice of which is given to him under that Part, and shall obtain and appeal,
lay before the Court in proper form all documents, exhibits, and other etc.
things relating to the proceedings in the court before which the appellant
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 deter-
mined 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 Regulations to any person who demands the same, and
to officers of courts, the Prison Authority and such other officers or
persons as he thinks fit, and the Prison Authority 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 Regulations
and shall cause any such notices 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 Regulations.










602 The Federal Supreme Court (Appeal) Rules, 1959-0. IV.

Windward Islands and Leeward Islands
Ascertain- 30. For the purposes of paragraph (2) of article 83 of the
ment of Constitution, the determination of the Supreme Court of the Windward
Territory Islands and Leeward Islands in any criminal cause or matter shall be
in which deemed to be made in the exercise of its jurisdiction in that Territory
Supreme in which is situated the Supreme Court Registry where the information
Court,
Windwards or charge the subject matter of the criminal cause or matter was
and Lee- properly lodged.
wards
exercise
its
criminal
jurisdic
tion.


ORDER IV

APPEALS FROM FULL COURT'S ORDER ON APPEAL
FROM INFERIOR COURTS

Institu- 1. The provisions of rules 1, 6 and 15 of Order III shall apply
tion of to a person desiring to appeal to the Court from an order of the Full
appeals Court made on appeal from an inferior court save that the references
gulation to Forms 1 and 2 in Appendix C shall be deemed to be references to
40 of the Forms 25 and 26 respectively in that Appendix.
Regula-
tions.
Certifi- 2. Where leave to appeal to the Court is granted by the Full
cate of Court, the Registrar of the Full Court shall so certify and such certifi-
Registrar cate shall be attached to the notice of appeal.
of Full
Court
granting
leave to
appeal.
Ascertain- 3. In this Order, the date of an order of the Full Court shall
ment of be deemed to be the date on which judgment is delivered or the order
date of made.
order of
Full
Court.

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

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
extension person making an application for such extension of time, shall send to
of time the Registrar of the Court below, together with the proper form of such
for ap- application, a form duly filled up of notice of appeal or of notice of
pealing, application for leave to appeal, appropriate to the ground or grounds
Criminal upon which he desires to question the order of the Full Court.
Form 26.









The Federal Supreme Court (Appeal) Rules, 1959-0. IV. 603

6. (1) The provisions of rule 3 of Order III shall apply to an appeal Signature
under regulation 40 of the Regulations save that the first sentence ofand ser-
paragraph (1) shall not apply when the appeal is brought by thevice of
prosecution. notices.

(2) A prosecutor-appellant shall serve copies of any notices inCriminal
Forms 25 or 26 issued by him on the respondent; and the Registrar of Forms 25
the Court below shall send to the prosecutor-respondent copies of anyand 26.
such notices delivered by a defendant-appellant.

7. (1) The Registrar of the Court below when he has received aRecord of
notice of appeal or a notice of application for leave to appeal, or a appeal.
notice of application for extension of the time within which under these
Rules 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 case 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.

8. The following rules contained in Order III shall apply in theApplica-
case of appeals brought under regulation 40 of the Regulations:- tion of
Rules 11,
Rule 11-(Copies of documents required by appellant) 13 and 14
of Order
III.
Rule 13-(Legal Aid)

Rule 14-(Applications to a single Judge)

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

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

(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.










604 The Federal Supreme Court (Appeal) Rules, 1959-0. IV.

Notifica- 10. (1) Where any application is made by the prosecution and is
tion of granted in the absence of the respondent, the prosecution shall serve
applica- notice on the respondent of the order of the Court or Judge and where
granted. any application is made by a defendant and is granted in the absence
of the prosecution, the defendant shall serve notice of such order on
the prosecution unless he is in custody in which case 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.

Bail. 11. (1) Where any person who has appealed to the Full Court is in
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 with-
out 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 the Court.

(2) If an appellant to whom paragraph (1) of this rule applies does
not serve in accordance with these Rules a notice of appeal or of abandon-
ment 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
estreating recognizances under the law in force in the Territory
concerned, 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.

Tempor- 12. (1) Where any order of an inferior court is made of the kind
ary sus- referred to in paragraphs (1) and (5) of rule 17 of Order III and such
pension of order has been suspended pending an appeal to the Full Court, such
orders. suspension shall continue for fourteen days after the order of the Full
Court made on such appeal. In case leave to appeal to the Court is
granted within such fourteen days, such order shall be further suspended
until the determination of the appeal to the Court. The Court may by
order annul any order to which this rule refers on the determination of
any appeal under the Regulations or may vary such order, and such
order, if annulled, shall not take effect, and, if varied, shall take effect
as so varied.








The Federal Supreme Court (Appeal) Rules, 1959-0. V. 605

(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 Judges 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 regulation 40 of the Regulations
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 determina-
tion thereof.

(5) The provisions of paragraph (7) of rule 17 of Order III shall
apply to an appeal under regulation 40 of the Regulations.

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

14. The following rules contained in Order III shall apply in theApplica
case of appeals brought under regulation 40 of the Regulations:- tion of
,Rules 19,
Rule 19-(Abandonment) 22(1), 23,
Rules 22(1) and 23-(Notification of result of appeal) 25, 26 and
Rule 25-(Return of Exhibits) Order III.
Order III.
Rules 26 and 27-(Taking of evidence before the Court, an
examiner or a special commissioner).

ORDER V

APPEALS TO PRIVY COUNCIL

1. (1) Any person aggrieved by the order of a single judge made inApplica-
exercise of his powers under regulation 54 of the Regulations may within tion to
seven days of such order apply to the Court (consisting. of three judges) vary order
to vary, discharge or reverse the order. d ingle
made under
(2) An application under this rule shall be by motion supportedregula-
by affidavit a copy of which shall be served with the notice of motion. tion 54
of the
Regula-
tions.







606 The Federal Supreme Court (Appeal) Rules, 1959-0. VI.

ORDER VI

APPEALS FROM COURTS-MARTIAL UNDER PART V
OF THE DEFENCE ACT, 1958
Interpre- 1. In these Rules, unless the context otherwise requires, the
station. following expressions have the meangings hereby assigned to them
respectively, that is to say-

"The Act" means the Defence Act, 1958;

"Exhibits" means all documents and things which have been
produced and used in evidence at a trial by court-martial,
whether they are attached to the proceedings of the court-
martial or not.

"Respondent" means the Attorney General of the Federation;

"The Commannder" means the Commander as defined in sec-
tion 3(1) of the Act.

Applica- 2. (1) A person desiring to appeal to the Court against his conviction
tions for by a Court-Martial shall make application for leave to appeal in Form
leave toa 27 and shall answer the questions and comply with the requirements set
appeal and
notices, forth therein.

(2) An application for leave to appeal and any notice required
or authorised to be given to the Court under these Rules, other than a
notice of abandonment, shall be signed by the appellant or by his
representative. A notice of abandonment shall, subject to the provisions
of paragraph (2) of rule 3, be signed by the appellant himself.

(3) An application for leave to appeal and any notice required
or authorised to be given to the Court under these Rules shall, subject
to the next following paragraph, be addressed to the Registrar of the
Federal Supreme Court, Port-of-Spain, Trinidad, or such other place
as the Chief Justice may from time to time direct.

(4) In any of the circumstances specified in the first column of
Appendix D to these Rules, any application or notice which is required
or authorised to be given to the Court under these Rules may be lodged
with the person specified, in relation to those circumstances, in the
second column of that Appendix.

(5) Where any application or notice is lodged with a person other
than the Registrar in accordance with the last foregoing paragraph, it
shall be the duty of that person-

(a) to forward the said application or notice to the Registrar
with as much expedition as practicable; and

(b) if it appears to that person that it is practicable to
furnish the Registrar, before the receipt by him of the









The Federal Supreme Court (Appeal) Rules, 1959-0. VI. 607

application or notice, with such particulars of the applica-
tion or notice as will enable him to prepare a copy of it,
and that in all the circumstances it is expedient so to do,
forthwith to furnish him with those particulars.

(6) Where an appellant, or any other person required or autho-
rised to make an application or give any notice for the purpose of these
Rules, is unable to write, he may affix his mark thereto, in the presence
of a witness who shall attest the same, and thereupon such application
or notice shall be deemed to be signed by the appellant.

3. (1) An appellant may, at any time after he has made applicationAbandon-
for leave to appeal, abandon his appeal by giving to the Registrar noticement of
of abandonment thereof in Form 15 and reference to the convicting appeal.
court therein shall be to the Court-Martial from which the appeal is
brought.

(2) Where it is contended that the appellant is insane, a notice
of abandonment may be given and signed by the appellant's representa-
tive.

(3) Upon receipt of a notice of abandonment duly completed and
signed or marked by the appellant or the party authorised to sign notices
under this rule, the Registrar shall give notice thereof in Form 16
Appendix C. (mutatis mutandis) to the respondent and where the
appellant is in custody to the person in charge of the place where he is
confined; in the case of a conviction involving a sentence of death the
Registrar shall in like manner give notice to the Governor-General.

4. A notice of application to the Court for an extension of time Extension
within which to make application for leave to appeal, shall be in Formof time.
28, and shall either be sent to the Registrar with the application for
leave to appeal or shall be lodged in accordance with rule 2(4) of this
Order, with the application for leave to appeal.

5. (1) Where any application has been dealt with by a judge inAPPlica-
exercise of the powers of the Court under section 151 of the Act, the tion to
Registrar shall notify the appellant of the decision. Judge

(2) The period within which an appellant, if the judge refuses
an application on the part of the appellant to exercise in his favour any
of the powers mentioned in paragraphs (a), (b), and (c) of section 151
of the Act, must under the said section make a requisition to have the
application determined by the Court, shall be ten days next following
that on which he receives a notification under the last foregoing para-
graph; and the form in which that requisition shall be made shall be that
set out in Form 29.

6. (1) The Registrar, on receipt by him of an application for leaveCourts-
to appeal under the Act, shall request the Commander to furnish to him roeed-
the proceedings of the court-martial. ings.








608 The Federal Supreme Court (Appeal) Rules, 1959-0. VI.

(2) After an application is finally refused or is withdrawn or the
appeal is determined or abandoned, the proceedings of the court-martial
shall, subject to any order which the Court may make, be returned by
the Registrar to the Commander.

(3) A copy of any document which is required for the use of the
Court may be made by such person and in such manner as the Registrar
may direct.

(4) The expression "proceedings" in this rule includes all pro-
ceedings referred to in section 147 of the Act.

Copies of 7. (1) At any time after the Registrar has received an application
proceed- for leave to appeal, an appellant or respondent may, subject to the
ings. provisions of these Rules, obtain from the Registrar copies of any docu-
ment in his possession for the purpose of the appeal.

(2) Copies of any document shall be supplied by the Registrar to
the appellant at a charge of twelve cents a folio of one hundred words;
but if the appellant has been assigned free legal aid, the Registrar
shall, unless he considers it unnecessary for the purpose of the appeal,
supply such copies free of charge.

Docuan 8. (1) The Registrar may, on an application made to him by the
exhibits, appellant or respondent, or where he considers it necessary for the proper
determination of any appeal or application, and shall, where so
directed by the Court, obtain and keep available for use by the Court
any document, or exhibit, and, subject to the next following rule, pend-
ing the determination of the appeal or application, such document and
exhibit and the proceedings of the court-martial shall be open, as and
when the Registrar may arrange, for inspection by the appellant or
respondent.

(2) Subject to the provisions of the next following rule, the
Court may, at any stage of an appeal, whenever it thinks it necessary
or expedient in the interest of justice so to do, order any document,
exhibit or other thing connected with the proceedings to be produced
to the Registrar or before it, by any person having the custody or control
thereof.

(3) After an application is finally refused or is withdrawn or the
appeal is determined or abandoned, documents and exhibits shall, subject
to any order which the Court may make, be returned by the Registrar
to the person who produced or forwarded the same.

(4) Service of any order made under this rule shall be personal
service, unless the Court otherwise orders.

Security 9. (1) If the Governor-General or any person authorised in that
of docu- behalf, certifies that, for reasons of security, the whole or part of the
ments, proceedings or other document, exhibit or other thing ought not to be
etc. disclosed otherwise than to the Court, or ought only to be disclosed
subject to certain conditions specified by the person who so certifies,




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