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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/UF00076857/00122
 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: December 18, 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: VID00122
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 125
        Page 126
    Legal Supplement
        B-676
    Legal Supplement: pt. 2 Statutory Instruments (No. 21 of 1959): Proclamation bringing the Marine Insurance Act, 1959 into operation
        B-677
    Legal Supplement: pt. 2 Statutory Instruments (No. 22 of 1959): The Civil Establishment (No. 2) Order, 1959
        B-678
        B-679
        B-680
        B-681
        B-682
        B-683
    Legal Supplement: pt. 2 Statutory Instruments (No. 23 of 1959): The Technical Aid Agreement (United States International Co-operation Administration) Order, 1959
        B-684
        B-685
        B-686
    Legal Supplement: pt. 2 Statutory Instruments (No. 24 of 1959): The Technical Aid Agreement (Government of Canada) Order 1959
        B-687
        B-688
    Legal Supplement: pt. 2 Statutory Instruments (No. 25 of 1959): The Federal Supreme Court (Appeal) (Amendment) Rules, 1959
        B-689
        B-690
    Legal Supplement: pt. 2 Statutory Instruments (No. 26 of 1959): The Federal Supreme Court (Costs in Criminal Appeals) Rules, 1959
        B-691
        B-692
Full Text













The West Indies Gazette


VOL. 2 FRIDAY, 18TH DECEMBER, 1959 No. 61


TABLE OF CONTENTS
GAZETTE NOTICES
No. SUBJECT MATTER PAGE No. SUBJECT MATTER PAGE
131 Appointment in the Federal Public Service ... 125 1 132 Laws of The West Indies ... ... ... 125


LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS

No. PAGE No. PAGE

21 of 1959 Proclamation bringing the Marine 24 of 1959 The Technical Aid Agreement
Insurance Act, 1959 into operation 677 (Government of Canada) Order
22 of 1959 The Civil Establishment (No. 2) 1959 ... ... ... 687
Order, 1959 ... ... ... 678 25 of 1959 The Federal Supreme Court
23 of 1959 The Technical Aid Agreement (Appeal) (Amendment) Rules,
(United States International 1959 ... ... ... 689
Co-operation Administration) 26 of 1959 The Federal Supreme Court (Costs
Order, 1959 ... ... .. 684 in Criminal Appeals) Rules, 1959 691


131
APPOINTMENT TO THE FEDERAL PUBLIC SERVICE

THE FEDERAL SECRETARY, acting under the powers conferred on him by the Appointment in the Public Service
(Delegation) Regulations, 1958, has, after consultation with the temporary Federal Public Service Commission,
appointed Mr. C. S. DACON as Administrative Cadet, Federal Secretariat, with effect from the 15th of December,
1959.


LAWS OF THE WEST INDIES


IT is notified for general information that the publication of the Laws of The West Indies-under the provisions
of the Revision of Laws Act, 1958-has been completed.
2. The Laws (including Regulations) in force at 31st December, 1958, are contained in one loose-leaf binder
and are available in Unit Territories at $10.00 a copy. Annual Subscribers should obtain their copies from the
Federal Secretariat, Federal House, Port-of-Spain, Trinidad.


GOVERNMENT PRINTING OFFICE, TRINIDAD, W.I.-1959


























THE WEST INDIES GAZETTE


Vol. 2 FRIDAY 18th DECEMBER, 1959. No. 61


LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS.

TABLE OF CONTENTS
No. Page
21 of 1959 Proclamation bringing the Marine Insurance
Act, 1959 into operation. 677
22 of 1959 The Civil Establishment (No. 2) Order, 1959. 678
23 of 1959 The Technical Aid Agreement (United States
International Cooperation Administration)
Order, 1959. 684
24 of 1959 The Technical Aid Agreement (Government of
Canada) Order, 1959. 687
25 of 1959 The Federal Supreme Court (Appeal)
(Amendment) Rules, 1959. 689
26 of 1959 The Federal Supreme Court (Costs in Criminal
Appeals) Rules, 1959. 691










677 Proclamation by the Governor-General.


THE WEST INDIES

STATUTORY INSTRUMENT No. 21 of 1959


PROCLAMATION

By His Excellency The Right Honourable
The Lord Hailes, Member of Her Majesty's
Most Honourable Privy Council, Knight
[L.S.] Grand Cross of the Most Excellent Order
of the British Empire, Governor-General
and Commander-in-Chief of THE WEST
INDIES.
etc. etc. etc.


HAILES

Governor-General.


WHEREAS by section 1 of the Marine Insurance Act, 1959,
it is provided that the Act shall come into operation on such day as I
shall by proclamation appoint:

AND WHEREAS it is expedient that the Act shall come into
operation on the 1st day of January one thousand nine hundred and
sixty:

NOW THEREFORE by virtue of the power and authority
in me vested I do hereby appoint the 1st day of January one thousand
nine hundred and sixty as the day on which the Marine Insurance Act,
1959, shall come into operation.


Given under my hand and the public seal of
the Federation this tenth day of December,
one thousand nine hundred and fifty-nine in
the Eighth Year of Her Majesty's reign.


GOD SAVE THE QUEEN.


By His Excellency's Command,
M. S. STAVELEY,
Secretary to the Governor-General









The Civil Establishment (No. 2) Order, 1959 678


THE WEST INDIES

STATUTORY INSTRUMENT No. 22 of 1959.

THE CIVIL ESTABLISHMENT (No. 2) ORDER, 1959

Made by His Excellency the Governor-General under section
4 of the Civil Estabishhment Act, 1958.

ARRANGEMENT OF ARTICLES
Article
1. Citation.
2. Amendment of Schedule to the Civil Establishment (General)
Order, 1958.
3. Commencement.
SCHEDULE.



His Excellency the Governor-General in exercise of the
powers conferred on him by section 4 of the Civil Establishment Act.
1958, and of all other powers enabling him in that behalf, hereby makes
the following Order:-

1. This Order may be cited as the Civil Establishment (No. 2) Citation.
Order, 1959.

2. The Civil Establishment (General) Order, 1958, as amended Amendment
by the Civil Establishment Order, 1959; is hereby further amended in of Schedule
the manner set ,out in the Schedule to this Order. of the C.E.
(General)
Order, 1958.
3. This Order shall be deemed to have come into operation on Commence-
the 1st May, 1959. mnent.

Made by the Governor-General this 10th day of December,
1959.

By Command,

M. S. STAVELEY
Secretary to the Governor-General.









679 The Civil Establishment (No. 2) Order, 1959


SCHEDULE

AMENDMENTS TO SCHEDULE TO THE CIVIL ESTABLISHMENT
(GENERAL) ORDER, 1958.

1. Under the heading "Governor-General" as from 1st January,
1960-
(a) delete the office "Administrative Assistant" and the
particulars specified in relation thereto and substitute
therefore the following:-
"Assistant Secretary .. $6,480 x 240- 7,440 .. 1";
(b) delete the office "Chauffeur" and the particulars specified
in relation thereto.

2. Under the heading "Legislature" -
(a) after the office "Clerk to the Senate" and the particulars
specified in relation thereto insert the following as from
1st September, 1959:--
"Editor of Hansard .. $4,800 x 240- 6,000 .. 1
Senior Reporter .. $4,320 x 240- 5,040 .. 1
Reporter (Palantypist) .. $3,840 x 120--4,320 .. 3":
x 240--5,040 .. 3";
(b) after the office "Librarian" and the particulars specified
in relation thereto insert the following as from 1st
January, 1960:-
"Clerical Officer Grade I .. $2,640 x 120-3,600 .. 1";
(c) as from 1st January, 1960, delete the figure "2" under
the column "Number of Officers" in relation to the office
"Clerical officer, Grade II" and substitute therefore the
the figure "1".

3. Under the heading "Federal Secretariat" -
(a) as from 1st January, 1960, delete the figure "3" under
the column "Number of Officers" in relation to the office
"Administrative Assistant" and substitute therefore the
figure "2";
(b) as from 1st January, 1960, delete the particulars under
the column "Number of Offices" in relation to the office
"Stenographer" and substitute therefore the figure "6";
(c) as from 1st January, 1960, after the office "Commission-
aire" and the particulars specified in relation thereto
insert the following:-
"Assistant Commissionaire .. $720 x 60- 960 .. 2":
(d) as from 1st May, 1960, at the end of the heading the
following:-









The Civil Establishment (No. 2) Order, 1959 680

"Pay and Records Office, West India Regiment

Senior Assistant Secretary $8,880 .. 1
Executive Officer $3,840 x 120 -
$4,080 x 240- 5,280 .. 1
Clerical Officer, Grade I .. $2,640 x 120--3,600 .. 2
Clerical Officer, Grade II .. $1.680 x 120--2,640 .. 4":

4. Under the heading "Law Officers" as from Ist January, 1960,
delete the figure "1" under the column "Number of Offices" in relation
to the office "Legal Draftsman" and substitute therefore the figure "2".

5. Under the heading "Prime Minister's Department" -
(a) as from 1st May, 1959. delete the figure "1" under the
column "Number of Offices" in relation to the office
"Assistant Secretary" and substitute therefore the figure
"2":
(b) as from 1st May, 1959, delete the particulars $9,600"
specified in relation to the office "Federal Statistician"
and substitute therefore the following:-
"$10,800";
(c) immediately after the office "Federal Statistician" and
the particulars specified in relation thereto insert the
following as from 1st September, 1959:-
"National Income Statistician .. .. $9.600 .. 1
Statistician .. .. $8,880 .. 1":
(d) as from 1st January, 1960, delete the figure "1" under
the column "Number of Offices" in relation to the office
"Broadcasting Assistant" and substitute therefore the
figure "2";
(e) as from 1st January, 1960, delete the particulars "3,600
x 120 $4,080 x 240 4,800" specified in relation to
the office "Liaison Officer" and substitute therefore the
following :-
"3,840 x 120 $4,080 x 240 5.280":
(f) as from 1st January, 1960, delete the particulars "$3,600
x 120 $4,080 x 240 4,8C0" specified in relation to
the office "Reference Librarian" and substitute therefore
the following:-
"$3,840 x 120 $4,080 x 240 5,280";
(g) immediately after the office "Clerical Officer, Grade 1"
and the particulars specified in relation thereto insert the
following as from 1st January, 1960:-
"Tabulating Clerk, Grade I .. $2,640 x 120 3,600 .. 1"
Tabulating Clerk. Grade II .. $1,680 x 120- 2,640 .. 3":
(h) as from 1st January, 1960, delete the figure "4" under
the column "Number of Offices" in relation to the office
"Clerical Officer, Grade IT" and substitute therefore the
figure "5";










681 The Civil Establishment (No. 2) Order, 1959

(i) as from 1st September, 1959, delete the figure "2" under
the column "Number of Offices" in relation to the office
"Stenographer" and substitute therefore the figure "4".

6. Under the heading "Ministry of Finance" as from 1st January,
1960-
(a) immediately after the office "Federal Financial Secretary"
and the particulars specified in relation thereto insert
the following:-
"Deputy Financial Secretary .. .. $9,600 .. 1";
relation to the office "Establishment Officer" and
substitute therefore the following:-
"$8,880";
(c) delete the particulars under the column "Number of
Offices" in relation to the office "Assistant Secretary"
and substitute therefore the figure "4";
(d) delete the particulars under the column "Number of
Offices" in relation to the office "Clerical Officer, Grade
I" and substitute therefore the figure "5";
(e) delete the figure "1" under the column "Number of
Offices" in relation to the office "Secretary-Stenographer"
and substitute therefore the figure "2";
(f) delete the figure "4" under the column "Number of
Offices" in relation to the office "Stenographer" and
substitute therefore the figure "3".

7. Under the heading "Ministry of Communications & Works"
as from 1st January, 1960 -
(a) delete the office "Federal Architect" and the particulars
specified in relation thereto;
(b) immediately before the office "Permanent Secretary" and
the particulars specified in relation thereto, insert the
following :-
"Building Development Adviser .. $12,000 .. 1";
(c) delete the particulars under the column "Number of
Offices" in relation to the office "Stenographer" and
substitute therefore the figure "4".

8. Under the heading "Ministry of Natural Resources and
Agriculture" as from 1st January, 1960 -
(a) immediately after the office "Forestry Adviser" and the
particulars specified in relation thereto insert the
following:-
"Permanent Secretary .. .. $10,800 .. 1";









The Civil Establishment (No. 2) Order, 1959 682

(b) delete the particulars under the column "Number of
Offices" in relation to the office "Clerical Officer, Grade
I" and substitute therefore the figure "2".

9. Under the heading "Ministry of Labour and Social Affairs"
as from 1st January, 1960 -
(a) delete the office "Building Development Adviser" and
the particulars specified in relation thereto;
(b) immediately before the office "Technical Education
Expert" and the particulars specified in relation thereto
insert the following:-
"Permanent Secretary .. .. $10,800 .. 1";
(c) delete the figure "3" under the column "Number of
Offices" in relation to the office "Stenographer" and
substitute therefore the figure "5".

10. Under the heading "Miscellaneous Services" as from 1st
January, 1960, delete the figure "13" under the column "Number of
Offices" in relation to the office "Messenger Grade II" and substitute
therefore the figure "14".

11. Under the heading "Commission in the United Kingdom" as
from 1st January, 1960 -
(a) immediately after the office "Assistant Secretary
(Accounts)" and the particulars specified in relation
thereto insert the following:-
"Assistant Secretary .. $6,480 x 240--7,440 .. 3";
(b) delete the particulars under the column "Number of
Offices" in relation to the office "Administrative
Assistant" and substitute therefore the figure "12".

12. Under the heading "Meteorological Services" -
(a) as from 1st March, 1960, immediately after the office
"Assistant Director Meteorological Services" and the
particulars specified in relation thereto, insert the
following:-
"Senior Meteorologist .. $7,680 x 240 8,880 .. 1";
(b) as from 1st January, 1960, immediately after the partic-
ulars "Grenada $2,160 x 120 3,360" specified under
the office "Meteorological Assistant Grade I" insert the
following:-
"Antigua $2,160 x 120 3,360";
(c) as from 1st January, 1960, delete the figure "5" under the
column "Number of Offices" in relation to the office
"Meteorological Assistant Grade I" and substitute
therefore the figure "6";









63 the Civil Establishment (No. 2) Order, 1950.

(d) as from 1st January, 1960, immediately after the partic
ulars "Grenada $960 x 60 1,200 x 120 2,520" specified
under the office "Meteorological Assistant Grade II"
insert the following:-
"Antigua .. $960 x 60-- 1,200 x 120 2,520
St. Vincent .. $960 x 60 1,200 x 120 2,520";
(e) as from 1st January, 1960, delete the figure "26" under
the column "Number of Offices" in relation to the office
"Meteorological Assistant Grade II" and substitute
therefore the figure "29".









iThe Technical Aid Agremcent (United States International
Cooperation Adminiistration) Order, 1959. 684



THE WEST INDIES


STATUTORY INSTRUMENT No. 23 of 1959.


THE TECHNICAL AID AGREEMENT (UNITED STATES
INTERNATIONAL COOPERATION ADMINISTRATION)
ORDER, 1959.


Made by His Excellency the Governor-General under section
4 of the Immunities and Privileges (International Organisatons and
Overseas Countries) Act, 1959.


ARRANGEMENT OF ARTICLES

Article
1. Citation.
2. Interpretation.
3. Agreement declared an agreement in the terms of section
4(1) of the Act.
4. Institute to have capacity of body corporate.
5. Institute to have exemption from customs duties etc, on goods.
6. Institute to have other exemptions.
7. Institute personnel to have exemption from tax on income.
8. Institute personnel to have exemption from taxes on the
purchase etc. of personal property.
9. Institute personnel to have exemption from customs duties
etc. on household goods, etc.



His Excellency the Governor-General in exercise of the No. 4/1959.
powers conferred on him by section 4 of the Immunities and Privileges
(International Organisations & Overseas Countries) Act, 1959, and of
all other powers enabling him in that behalf, hereby makes the following
Order:-

1. This Order may be cited as the Technical Aid Agreement Citation.
(United States International Cooperation Administration) Order, 1959.

2. In this Order, unless the context otherwise requires- Interpreta-
tion.
"the Act" means the Immunities & Privileges (International
Organizations & Overseas Countries) Act, 1959;









The Technical Aid Agreement (United States International
685 Cooperation Administration) Order, 1959.

"the Agreement" means the agreement dated twenty-sixth day
of February, 1959, between the Federal Government and the
Institute executed by Robert L. Bradshaw, Minister of
Finance, on behalf of the Federal Government and by Rollin
S. Atwood, President of the Institute, on behalf of the
Institute;

"the Federal Government" means the Government of the
Federation of The West Indies;

"the Institute" means the Institute of Inter-American Affairs
of the United Sates International Cooperation Administra-
tion;

"Institute personnel" means persons other than permanent
residents of the Federation who are assigned by the Institute
to carry out technical or administrative duties in the Federa-
tion in pursuance of the Agreement, and includes the wife
of any such person and the children of any such person under
the age of 21 years, living with such person ini the Federation.

Agreement 3. The Agreement is hereby declared to be an agreement between
declared an the Federal Government and an agency of the Government of the United
agreement States of America for the provisions of technical and other assistance to
in the
terms of the Federation.
section 4(1)
of the
Act.

Institute 4. The Institute shall have the capacity of a body corporate.
to have
capacity
of body
corporate.

Institute 5. The Institute shall have exemption from customs duties,
to have import and export taxes and any taxes on the purchase, ownership or
oxemprtion use of goods and any other taxes or similar charges on goods where
customs such goods are required for the purposes of the Agreement; and when
duties etc. such goods are no longer required, the Institute sh-ll have exemption
on goods, from taxes on the disposition or exportation of such goods:

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

Institute 6. The Institute shall have exemption from any taxes or levies
to have or any investment or deposit requirements on-
other
e-empti6ns. (a) the importation, exportation, use or ownership of any
funds in any currency required for the purposes of the
Agreement, or









The Technical Aid Agreement (United States International
Cooperation Administration) Order, 1959. 686


(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 pro-
tection of the Revenue and of the currency of the Federation.

7. Institute personnel shall have exemption from tax on any Institiute
income on which they are required by law to pay any tax of a similarpersonnel
to have
kind in the United States. exemption
from tax
on income.

8. Institute personnel shall have exemption from taxes on the Institute
purchase, ownership or use of personal property required by such persons personnel
to have
for their own use. exemption
from taxes
on the
purchase
etc. of
personal
property.

9. Institute personnel shall have exemption from customs duties, Institute
export and import taxes, consular fees and similar taxes and fees oner'sonnel
to have
household goods, baggage and personnel effects and other articles exemption
required by such persons for their own use: from
customs
duties etc.
on household
goods, etc.
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.

Made by the Governor-General this twelfth day of December,
1959.

By Command,

M. S. STAVELEY,
Secretary to the Governor-General.









The Technical Aid Agreement (Covernment of
687 Canada) Order, 1959.


THE WEST INDIES


STATUTORY INSTRUMENT No. 24 of 1959.


THE TECHNICAL AID AGREEMENT (GOVERNMENT OF
CANADA) ORDER, 1959.


Made by His Excellency the Governor-General under section
4 of the Immunities and Privileges (International Organisation and
Overseas Countries) Act, 1959.

ARRANGEMENT OF ARTICLES

Article
1. Citation.
2. Interpretation.
3. Agreement declared an agreement within the terms of section
4(1) of the Act.
4. Exemptions in favour of the personnel concerned.
5. Other exemptions in favour of the personnel concerned.



No. 4/1959. His Excellency the Governor-General in exercise of the
powers conferred on him by section 4 of the Immunities and Privileges
(International Organisations & Overseas Countries) Act, 1959, and of
all other powers enabling him in that behalf, hereby makes the following
Order:-

Citation. 1. This Order may be cited as the Technical Aid Agreement
(Government of Canada) Order, 1959.

Intcrprcta- 2. In this Order, unless the context otherwise requires-
tion.
No. 4/1959. "the Act" means the Immunities & Privileges (International
Organizations & Overseas Countries) Act, 1959;

"the Agreement" means the agreement between the Federal
Government and the Governor of Canada based upon the
document entitled "Statement of Principles Agreed by the
Government of Canada and the Government of The West
Indies for the Canada-West Indies Aid Programme" which
Statement was agreed upon by the Prime Minister of the
Federation on behalf of the Federal Government and by the
Prime Minister of Canada on behalf of the Government of
Canada by the exchange of letters each dated the 18th day of
October, 1958;










T'he 'Technical Aid Agreement (Government of
Canada) Order, 1959. 688

"the Federal Government" means the Government of the
Federation of The West Indies;

"the personnel concerned" means persons other than perma-
nent residents of the Federation who are assigned by the
Government of Canada to carry out technical or administra-
tive duties in the Federation in pursuance of the Agreement,
and includes the wife of any such person and the children of
any such person under the age of 2-1 years, living with such
person in the Federation.

3. The Agreement is hereby delcared to be an agreement between Agreement
the Federal Government and the Government of Canada for the provision declared an
of financial, technical and other assistance to the Federation. agreement
within the
terms of
section 4 (1)
of the Act.


4. The personnel concerned shall be exempt from- Exemptions
in favour
of the
(a) tax on any income on which they are required by law ersonnel
to pay any tax of a similar kind in Canada. concerned.

(b) taxes on the ownership or use of personal property
required by them for their own use.

5. The personnel concerned shall be exempt from customs duties Other
and export and import taxes on household goods, baggage and personal exemptions
effects required by them for their own use: of fvour
personnel
Provided that such exemption from customs duties or import concerned.
taxes shall be subject to the compliance with such conditions as the
Governor-General may impose for the protection of the Revenue.

Made by the Governor-General this twelfth day of December,
1959.

By Command,

M. S. STAVELEY,
Secretary to the Governor-General.








689 The Federal Supreme Court (Appeal) (Amendment) Rules, 1959


THE WEST INDIES

STATUTORY INSTRUMENT No. 25 of 1959

THE FEDERAL SUPREME COURT (APPEAL)
(AMENDMENT) RULES, 1959.

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

TABLE OF CONTENTS
Rule
1. Citation.
2. Amendment to Order II, rule 3.
3. Amendment to Order III, rule 8.



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
West Indies, and of all other powers enabling them in that behalf,
hereby make the following Rules:-

Citation. 1. These Rules may be cited as the Federal Supreme Court
(Appeal) (Amendment) Rules, 1959.


Amend- 2. Paragraph (1)(a) of rule 3 of Order II of the Federal
ment to Supreme Court (Appeal) Rules, 1959, (in these Rules referred to as
rule 3. "the principal Rules") is hereby amended by the deletion of the word
"fourteen" and the substitution therefore of the word "twenty-eight".

Amend- 3. Rule 8 of Order III of the principal Rules is hereby
ment to amended:-
Order III,
rule 8. (a) by the insertion after paragraph (1) of the following
paragraph -
"(1A) Where it is provided by the law of a Territory
that any notes of the summing-up or directions of the
Judge or notes of any part of the proceedings shall be
taken, and the direction of the Judge of the Court below
is not therefore required, such notes shall be accepted by
the Court as provided in paragraph (1)".
(b) by the insertion in paragraph (2) after the words and
comma "given by him," of the words "and a shorthand
note thereof is not taken under the provisions of any
law,".









The Federal Supreme Court (Appeal) (Amendment) Rules, 1959 690

Made this 21st day of November, 1959.

ERIC HALLINAN,
Chief Justice.

A. S. RENNIE,
Federal Justice.

C. V. H. ARCHER,
Federal Justice.








The Federal Supreme Court (Costs in Criminal Appeals)
691 Rules, 1959.


THE WEST INDIES

STATUTORY INSTRUMENT No. 26 of 1959

THE FEDERAL SUPREME COURT (COSTS IN CRIMINAL
APPEALS) RULES, 1959.

Made by the Chief Justice and two Judges of the Federal
Supreme Court under article 85 of the Constitution of The West Indies
and under the Federal Supreme Court Regulations, 1958 (Cap. 1).

TABLE OF CONTENTS
Rule
1. Citation.
2. Expenses payable to solicitor or counsel.
3. Expenses of witnesses.
4. Expenses of appearance of appellant.
5. Expenses of examiner.
6. Expenses of special commissioner or assessor.


The Chief Justice of The West Indies and two Judges of the
Federal Supreme Court selected by him in exercise of the powers con-
ferred by regulation 32 of the Federal Supreme Court Regulations, 1958,
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:-

Citation. 1. These Rules may be cited as the Federal Supreme Court
(Costs in Criminal Appeals) Rules. 1959.

Expenses 2. The expenses of any solicitor or counsel assigned to an
payable to appellant by the Court in criminal appeals shall be allowed as follows:-
solicitor
or counsel. In respect of -
(a) A notice of appeal or application for leave to appeal, or
(b) A notice of application for extension of time within
which to appeal
A fee not exceeding $15.12 or 3. 3s. for a solicitor and
$25.20 or 5. 5s. for counsel.
In respect of any appeal -
A fee not exceeding $50.40 or 10. 10s. for a solicitor and
a fee for counsel not exceeding $75.60 or 15. 15s.:
Provided that the Court, after the conclusion of the appeal,
may, if it thinks fit, certify that the case was one of excep-
tional length or difficulty and thereupon the fee may be
increased to such sum as the Court, having regard to the









The Federal Supreme Court (Costs in Criminal Appeals)
Rules, 1959. 692

length and difficulty of the case, may direct, but not exceed-
ing $100.80 or 21. Os. for a solicitor and $151.20 or
31. 10s. for counsel.
In addition to such fee as aforesaid, counsel and solicitor may be allowed,
subject to taxation, such travelling expenses as have been actually and
reasonably incurred.

3. The expenses of any witnesses attending on the order of the Expenses
Court or examined in any proceedings incidental to the appeal shall be of wit-
allowed at the same rate as those of a witness in a case of felony tried
at the Criminal Sessions of the Territory where the Court is sitting.

4. The expenses of the appearance of an appellant not in custody Expenses
on the hearing of his appeal or on any proceeding preliminary or inciden- of appear-
tal to the appeal may be allowed at the same rate as those of an appellant.
ordinary witness in a case of felony tried at the Criminal Sessions of
the Territory where the Court is sitting.

5. Where any examination of witnesses is conducted by a person Expenses
appointed by the Court, for the purpose, the person so appointed shall of examiner.
be allowed, if he be a Justice, Magistrate or other person in the service
of the Federation or of a Territory, the actual expenses of travelling, the
actual cost of hiring a room for the examination, if no court or public
room is available, and such other incidental expenses as in the opinion
of the Court are necessarily and reasonably incurred. If the person
appointed is not a Justice, Magistrate or other such person he shall be
allowed such expenses as aforesaid, and in addition such fee, not exceed-
ing $50.40 or 10. 10s. a day, as the Court may allow.

6. Where any question is referred to a special commissioner Expenses
appointed by the Court, or where any person is appointed as assessor of special
commis-
to the Court, he shall be allowed such fee as the Court, having regard singer or
to his qualifications and ordinary professional remuneration, may think assessor.
reasonable, not exceeding $50.40 or 10. 10s. a day.

Made this 21st day of November, 1959.

ERIC HALLINAN.
Chief Justice.

A. S. RENNIE,
Federal Justice.

C. V. H. ARCHER,
Federal Justice


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