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Group Title: West Indies gazette
Title: The West Indies gazette
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Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00151
 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: August 5, 1960
 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: VID00151
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 59
    Legal Supplement
        A-57
    Legal Supplement: pt. 1 Acts of the Federal Legislature (No. 4 of 1960): The Supplementary Appropriation
        A-58
        A-59
        A-60
    Legal Supplement: pt. 1 Acts of the Federal Legislature (No. 5 of 1960): The Overseas Judgment (Reciprocal Enforcement) Act, 1960
        A-61
        A-62
        A-63
        A-64
        A-65
        A-66
        A-67
        A-68
        A-69
        A-70
        A-71
        A-72
        A-73
        A-74
Full Text






















THE WEST INDIES GAZETTE


Vol. 3 FRIDAY, 5th AUGUST, 1960. No. 27


LEGAL SUPPLEMENT

PART I-ACTS OF THE FEDERAL LEGISLATURE

TABLE OF CONTENTS
No. Page
4 of 1960 The Supplementary Appropriation Act, 1960 58
5 of 1960 The Overseas Judgment (Reciprocal Enforcement)
Act, 1960 61








x









58 The Supplementary Appropriation Act, 1960

i-



(^ Y,


THE WEST INDIES


ACT. No. 4 of 1960.

THE SUPPLEMENTARY APPROPRIATION ACT, 1960

ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. $827,110 appropriated out of public funds.
SCHEDULE.








The Supplementary Appropriation Act, 1960 59


I ASSENT

HAILES
[L.S.]
GOVERNORGENERAL

14th July, 1960.







An Act to appropriate an additional sum from
the public funds of the Federation for the services of the
year ending on the thirty-first day of December, one thousand
nine hundred and sixty.

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

1. This Act may be cited as the Supplementaryshort title.
Appropriation Act, 1960.

2. The Accountant General may issue out of the 827,110
public funds of the Federation on the warrant of the pied
Governor-General and apply towards the services of theout of
year ending on the thirty-first day of December, one thousand funs.
nine hundred and sixty, the sum of eight hundred and twenty-
seven thousand one hundred and ten dollars, which sum
is appropriated and shall be deemed to have been appro-
priated as from the first day of January one thousand nine
hundred and sixty for the services and purposes set out in
the Schedule to this Act.









60 The Supplementary Appropriation Act, 1960


SCHEDULE


Head
I
II
III
V
VII
VIII
XIII
XIV
XV
XVIII
XIX
XXI


Total Ordinary Expend
XXIII Colonial Development an

Total Expenditure


Governor-General
Federal Supreme Court
Legislature
Secretariat
Prime Minister
Finance
Miscellaneous Services
Overseas Commissions-I
Overseas Commissions-C
Meteorological Services
Regional Contributions a
Expenses Federal Capita


Passed by the House of Representatives this 30th day
of May, 1960.

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

E. R. L. WARD,
Speaker.

Passed by the Senate this 3rd day of June, 1960.

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


3,750
77
S33,300
12,320
S46,140
980
S119,246
United Kingdom .. 12,354
!anada .. .. 26,350
10,000
nd Services .. 102,677
1 .. .. 7,458

iture .. .. .. $374,652
Id Welfare Schemes .. 452,458

.. $827,110









The Overseas Judgments (Reciprocal Enforcement) Act, 1960 61


THE WEST INDIES

ACT. No. 5 of 1960.

THE OVERSEAS JUDGMENTS (RECIPROCAL
ENFORCEMENT) ACT, 1960

ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY
1. Short title and application.
2. Interpretation.
PART II
REGISTRATION OF OVERSEAS JUDGMENTS
3. Power to extend Part II of Act to overseas countries giving reciprocal
treatment.
4. Application for, and effect of, registration of overseas judgment.
5. Rules of court.
6. Cases in which registered judgments must, or may, be set aside.
7. Powers of registering court on application to set aside registration.
8. Overseas judgments which can be registered not to be enforceable
otherwise.
PART III
MISCELLANEOUS AND GENERAL
9. General effect of certain overseas judgments.
10. Power to make overseas judgments unenforceable in Federation if no
reciprocity.
11. Issue of certificates of judgments obtained in the Federation.
12. Judgments which can be, or already are, registered under the law of a
Territory.








62 The Overseas Judgments (Reciprocal Enforcement) Act, 1960


I ASSENT

HAILES
[L.S.]
GOVERNOR-GENERAL
14th July, 1960.







An Act to make provision for the enforcement in
the Federation of judgments given in overseas countries
which accord reciprocal treatment to judgments given in the
Federation, for facilitating the enforcement in overseas
countries of judgments given in the Federation, and for other
purposes in connection with the matters aforesaid.

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;-

PART I
PRELIMINARY
Short 1. (1) This Act may be cited as the Overseas Judgments
title and (Reciprocal Enforcement) Act, 1960.
applica-
tion. (2) This Act shall apply to the Turks and Caicos
Islands and to the Cayman Islands.

Interpre- 2. (1) In this Act, unless the context otherwise
station. requires-








The Overseas Judgments. (Reciprocal Enforcement) Act, 1960 63

"appeal" includes any proceeding by way of
discharging or setting aside a judgment or an
application for a new trial or a stay of execution;
"country of the original court" means the country
in which the original court is situated;
"judgment" means a judgment or order given or
made by a court in any civil proceedings, or a
judgment or order given or made by a court in any
criminal proceedings for the payment of a sum of
money in respect of compensation or damages to
an injured party, and, in relation to any country
or territory within the Commonwealth, includes an
award in proceedings on an arbitration if the
award has, in pursuance of the law in force in the
place where it was made, become enforceable in
the same manner as a judgment given by a court
in that place;

"judgment creditor" means the person in whose
favour the judgment was given and includes any
person in whom the rights under the judgment
have become vested by succession or assignment
or otherwise;

"judgment debtor" means the person against
whom the judgment was given, and includes any
person against whom the judgment is enforceable
under the law of the original court;

"original court" in relation to any judgment
means the court by which the judgment was given;
"overseas country" means-
(a) any foreign country or
(b) any country or territory within the
Commonwealth and outside the Federa-
tion;

"overseas judgment" means a judgment of a court
of an overseas country;
"prescribed" means prescribed by rules of court;








64 The Overseas Judgments (Reciprocal Enforcement) Act, 1960

"registering court" in relation to any judgment
means the court to which an application to register
the judgment is made;
"superior court" in relation to a Territory means
any court exercising original jurisdiction that is
or forms part of a superior court of record estab-
lished for that Territory;
"superior court of the Federation" means the
Federal Supreme Court or any superior court of
a Territory.

(2) For the purposes of this Act, the expression
"action in personal" shall not be deemed to include any
matrimonial cause or any proceedings in connection with any
of the following matters, that is to say, matrimonial matters,
administration of the estates of deceased persons, bank-
ruptcy, winding up of companies, lunacy, or guardianship of
infants.

PART II
REGISTRATION OF OVERSEAS JUDGMENTS
Power to 3. (1) For the purpose of implementing any agreement
PartII of with, or obligation towards, or arrangement relating to, any
Act to overseas country the Governor-General may, if he is satisfied
overseas
countries that, in the event of the benefits conferred by this Part of
giving re- this Act being extended to judgments given in the superior
ciprocal
treatment, courts of such overseas country, substantial reciprocity of
treatment will be assured as respects the enforcement in that
overseas country of judgments given in the superior courts of
the Federation, direct by Order-
(a) that this Part of this Act shall extend to that
overseas country; and
(b) that such courts of that overseas country as
are specified in the Order shall be deemed
superior courts of that country for the pur-
poses of this Part of this Act.

(2) Any judgment of a superior court of an overseas
country to which this Part of this Act extends, other than a








The Overseas Judgments (Reciprocal Enforcenent) Act, 1960 65

judgment of such a court given on appeal from a court which
is not a superior court, shall be a judgment to which this
Part of this Act applies, if-
(a) it is final and conclusive between the parties
thereto; and
(b) there is payable thereunder a sum of money,
not being a sum payable in respect of taxes or
other charges of a like nature or in respect of
a fine or other penalty; and
(c) it is given after the coming into operation of
the Order directing that this Part of this Act
shall extend to that overseas country.

(3) For the purposes of this section, a judgment shall
be deemed to be final and conclusive notwithstanding that an
appeal may be pending against it, or that it may still be
subject to appeal, in the courts of the country of the original
court.

(4) The Governor General may by a subsequent OrderApplia-
vary or revoke any Order previously made under thistion for,
anid effect
section, of, regis-
tration of
overseas
4. (1) A person, being a judgment creditor under a judg-judge-
ment to which this Part of this Act applies, may apply to a" ent.
superior court of a Territory at any time within six years
after the date of judgment, or, where there have been pro-
ceedings by way of appeal against the judgment, after the
date of the last judgment given in those proceedings, to have
the judgment registered in that superior court, and on any
such application that court shall, subject to proof of the pre-
scribed matters and to the other provisions of this Act, order
the judgment to be registered:

Provided that a judgment shall not be registered
if at the date of the application-
(a) it has been wholly satisfied; or
(b) it could not be enforced by execution in the
country of the original court.








66 The Overseas Judgments (Reciprocal Enforcement) Act, 1960

(2) Subject to the provisions of this Act with respect
to the setting aside of registration-
(a) a registered judgment shall, for the purposes
of execution, be of the same force and effect;
and
(b) proceedings may be taken on a registered
judgment; and
(c) the sum for which a judgment is registered
shall carry interest; and
(d) the registering court shall have the same
control over the execution of a registered
judgment;
as if the judgment had been a judgment originally given in
the registering court and entered on the date of registration:

Provided that execution shall not issue on the
judgment so long as, under this Part of this Act and the rules
of court made thereunder, it is competent for any party to
make an application to have the registration of the judgment
set aside, or, where such an application is made, until after the
application has been finally determined.

(3) Where the sum payable under a judgment which
is to be registered in a superior court of a Territory is
expressed in a currency other than the currency of that
Territory, the judgment shall be registered as if it were a
judgment for such sum in the currency of that Territory as, on
the basis of the rate of exchange prevailing at the date of the
judgment of the original court, is equivalent to the sum so
payable.

(4) If at the date of the application for registration
the judgment of the original court has been partly satisfied,
the judgment shall not be registered in respect of the whole
sum payable under the judgment of the original court, but
only in respect of the balance remaining payable at that date.

(5) If, on an application for the registration of a
judgment, it appears to the registering court that the judg-
ment is in respect of different matters and that some, but not








The Overseas Judgments (Reciprocal Enforcement) Act, 1960


all, of the provisions of the judgment are such that if those
provisions had been contained in separate judgments those
judgments could properly have been registered, the judgment
may be registered in respect of the provisions aforesaid but
not in respect of any other provisions contained therein.

(6) In addition to the sum of money payable under the
judgment of the original court, including any interest which
by the law of the country of the original court becomes due
under the judgment up to the time of registration, the judg-
ment shall be registered for the reasonable costs of and inci-
dental to registration, including the costs of obtaining a
certified copy of the judgment from the original court.

5. (1) The Chief Justice of the Federation, after consul--ules of
station with the Chief Justices of the superior courts of thecourt.
Territories shall make rules of court for regulating the
practice and procedure of the superior courts of the
Territories in respect of proceedings of any kind under this
Act and without prejudice to the generality of the foregoing
may make rules for the following purposes-
(a) for making provision with respect to the
giving of security for costs by persons
applying for the registration of judgments;
(b) for prescribing the matters to be proved on an
application for the registration of a judgment
and for regulating the mode of proving those
matters;
(c) for providing for the service on the judgment
debtor of notice of the registration of a
judgment;
(d) for making provision with respect to the fixing
of the period within which an application may
be made to have the registration of the
judgment set aside and with respect to the
extension of the period so fixed;
(e) for prescribing the method by which any
question arising under this Act whether an
overseas judgment can be enforced by exe-
cution in the country of the original court, or








68 The Overseas Judgments (Reciprocal Enforcement) Act, 1960


what interest is payable under an overseas
judgment under the law of the original court,
is to be determined;
(f) for prescribing any matter which under this
Part of this Act is to be prescribed.

(2) Rules made for the purposes of this Part of this
Act shall be expressed to have, and shall have, effect subject
to any such provisions contained in Orders made under
section 3 of this Act as are declared by the said Orders to be
necessary for giving effect to agreements between the
Federation and overseas countries in relation to matters with
respect to which there is power to make rules of court for
the purposes of this Part of this Act.

Cases in 6. (1) On an application in that behalf duly made by any
which re-
gistered party against whom a registered judgment may be enforced,
judge- the registration of the judgment-
ments
may, be (a) shall be set aside if the registering court is
set aside. satisfied-
(i) that the judgment is not a judgment to
which this Part of this Act applies or
was registered in contravention of the
foregoing provisions of this Act; or

(ii) that the courts of the country of the
original court had no jurisdiction in the
circumstances of the case; or

(iii) that the judgment debtor, being the
defendant in the proceedings in the
original court, did not (notwithstanding
that process may have been duly served
on him in accordance with the law of the
country of the original court) receive
notice of those proceedings in sufficient
time to enable him to defend the pro-
ceedings and did not appear; or

(iv) that the judgment was obtained by
fraud; or








The Overseas Judgments (Reciprocal Enforcement) Act, 1960 69

(v) that the enforcement of the judgment
would be contrary to public policy in the
Territory of the registering court; or

(vi) that the rights under the judgment are
not vested in the person by whom the
application for registration was made;

(b) may be set aside if the registering court is
satisfied that the matter in dispute in the
proceedings in the original court had pre-
viously to the date of the judgment in the
original court been the subject of a final and
conclusive judgment by a court having
jurisdiction in the matter.

(2) For the purposes of this section the courts of
the country of the original court shall, subject to the pro-
visions of subsection (3) of this section, be deemed to have
had jurisdiction-

(a) in the case of a judgment given in an action
in personam-

(i) if the judgment debtor, being a
defendant in the original court, sub-
mitted to the jurisdiction of that court
by voluntarily appearing in the pro-
ceedings otherwise than for the purpose
of protecting, or obtaining the release of,
property seized, or threatened with
seizure, in the proceedings or of con-
testing the jurisdiction of that court; or

(ii) if the judgment debtor was plaintiff in,
or counter-claimed in, the proceedings
in the original court; or

(iii) if the judgment debtor, being a
defendant in the original court, had
before the commencement of the pro-
ceedings agreed, in respect of the subject
matter of the proceedings, to submit to








70 The Overseas Judgments (Reciprocal Enforcement) Act, 1960

the jurisdiction of that court or of the
courts of the country of that court; or
(iv) if the judgment debtor, being a
defendant in the original court, was at
the time when the proceedings were
instituted resident in, or being a body
corporate had its principal place of
business in, the country of that court; or
(v) if the judgment debtor, being a
defendant in the original court, had an
office or place of business in the country
of that court and the proceedings in that
court were in respect of a transaction
effected through or at that office or place;
(b) in the case of a judgment given in an action
of which the subject matter was immovable
property or in an action in rem of which the
subject matter was movable property, if the
property in question was at the time of the
proceedings in the original court situate in
the country of that court;
(c) in the case of a judgment given in an action
other than any such action as is mentioned in
paragraph (a) or paragraph (b) of this sub-
section, if the jurisdiction of the original
court is recognized by the law of the
registering court.

(3) Notwithstanding anything in subsection (2) of
this section, the courts of the country of the original court
shall not be deemed to have had jurisdiction-
(a) if the subject matter of the proceedings was
immovable property outside the country of
the original court; or
(b) except in the cases mentioned in sub-
paragraphs (i), (ii) and (iii) of paragraph (a)
and in paragraph (c) of subsection (2) of this
section, if the bringing of the proceedings in
the original court was contrary to an agree-








The Overseas Judgments (Reciprocal Enforcement) Act, 1960 71

ment under which the dispute in question was
to be settled otherwise than by proceedings
in the courts of the country of that court; or

(c) if the judgment debtor, being a defendant in
the original proceedings, was a person who
under the rules of public international law was
entitled to immunity from the jurisdiction of
the courts of the country of the original court
and did not submit to the jurisdiction of that
court.

7. (1) If, on an application to set aside the registration Powers of
register-
of a judgment, the applicant satisfies the registering courting
either that an appeal is pending, or that he is entitled andO"l O"
intends to appeal, against the judgment, the court, if it thinkstion to
fit, may, on such terms as it may think just, either set aside egistra.
the registration or adjourn the application to set aside thetion.
registration until after the expiration of such period as
appears to the court to be reasonably sufficient to enable the
applicant to take the necessary steps to have the appeal
disposed of by the competent tribunal.

(2) Where the registration of a judgment is set aside
under the last foregoing subsection, or solely for the reason
that the judgment was not at the date of the application for
registration enforceable by execution in the country of the
original court, the setting aside of the registration shall not
prejudice a further application to register the judgment when
the appeal has been disposed of or if and when the judgment
becomes enforceable by execution in that country, as the case
may be.

(3) Where the registration of a judgment is set aside
solely for the reason that the judgment, notwithstanding that
it had at the date of the application for registration been
partly satisfied, was registered for the whole sum payable
thereunder, the registering court shall, on the application of
the judgment creditor, order judgment to be registered for
the balance remaining payable at that date.








72 The Overseas Judgments (Reciprocal Enforcement) Act, 1960


Overseas 8. No proceedings for the recovery of a sum payable
mients under an overseas judgment, being a judgment to which this
whicl can Part of this Act applies, other than proceedings by way of
e regiot registration of the judgment, shall be entertained by any
to be court in the Federation.
enforce-
able
otherwise. PART III
MISCELLANEOUS AND GENERAL
General 9. (1) Subject to the provisions of this section, a
of cer- judgment to which Part II of this Act applies or would have
certain applied if a sum of money had been payable thereunder,
overseas
judge- whether it can be registered or not, and whether, if it can be
ments. registered, it is registered or not, shall be recognized in any
court in the Federation as conclusive between the parties
thereto in all proceedings founded on the same cause of
action and may be relied on by way of defence or counter-
claim in any such proceedings.
(2) This section shall not apply in the case of any
judgment-
(a) where the judgment has been registered and
the registration thereof has been set aside on
some ground other than-

(i) that a sum of money was not payable
under the judgment; or
(ii) that the judgment had been wholly or
partly satisfied; or
(iii) that at the date of the application the
judgment could not be enforced by exe-
cution in the country of the original
court; or

(b) where the judgment has not been registered,
it is shown (whether it could have been
registered or not) that if it had been registered
the registration thereof would have been set
aside on an application for that purpose on
some ground other than one of the grounds
specified in paragraph (a) of this subsection,








The Overseas Judgments (Reciprocal Enforcement) Act, 1960 73

(3) Nothing in this section shall be taken to prevent
any court in the Federation recognizing any judgment as
conclusive of any matter of law or fact decided therein if
that judgment would have been so recognized before the
passing of this Act.

10. (1) If it appears to the Governor-General that thePower to
treatment in respect of recognition and enforcement accorded aveeas
by the courts of any overseas country to judgments given injudge-
the superior courts of the Federation is substantially lessefotreen
favourable than that accorded by the courts of that country,able in
Federation
the Governor-General may by Order apply this section toif no
that country. recipro-
city.
(2) Except in so far as the Governor-General may by
Order under this section otherwise direct, no proceedings
shall be entertained in any court in the Federation for the
recovery of any sum alleged to be payable under a judgment
given in a court of a country to which this section applies.

(3) The Governor-General may by a subsequent Order
vary or revoke any Order previously made under this section.

11. Where a judgment under which a sum of moneyIssue of
eertifi-
is payable, not being a sum payable in respect of taxes oreates of
other charges of a like nature or in respect of a fine or otherudge-
penalty, has been entered in a superior court of theetnaied
Federation against any person and the judgment creditorin the
Federa-
is desirous of enforcing the judgment in an overseas countrytio.ea
to which Part II of this Act applies, the court shall, on an
application made by the judgment creditor and on payment
of such fee as may be prescribed, issue to the judgment
creditor a certified copy of the judgment, together with a
certificate containing such particulars with respect to the
action, including the causes of action, and the rate of interest,
if any, payable on the sum payable under the judgment, as
may be prescribed:

Provided that, where execution of a judgment is
stayed for any period pending an appeal or for any other
reason, an application shall not be made under this section
with respect to the judgment until the expiration of that
period.








74 The Overseas Judgments (Reciprocal Enforcement) Act, 1960

Judgments 12. Where an Order is made under this Act extending
which can
be, or Part II of this Act to an overseas country and on the date
already are, of such order there is provision under the law of Territory
registered
under the for the enforcement in that Territory of the judgments of
law of a such overseas country, the said Part II shall in relation to
erritory. that Territory have effect as if-

(a) the fact that a judgment of such overseas
country was given before the coming into
operation of the Order did not prevent it
from being a judgment to which the said Part
II applies, but the time limited for the regis-
tration of such a judgment were, in the case
of a judgment so given, such period of time
from the date of the judgment as the law of
that Territory prescribes or such longer
period as may be allowed by the registering
court;
(b) any judgment of such overseas country
registered in any court of that Territory
under the law of that Territory before the
coming into operation of the Order had been
registered in that court under the said Part
II and anything done in relation thereto under
the law of that Territory or any rules of court
or other provision, applicable thereto had
been done under the said Part II or the
corresponding rules of court or other provi-
sions applicable to the said Part II.

Passed by the House of Representatives this 23rd day
of May, 1960.
G. E. L. LAFOREST,
Clerk, House of Representatives.
E. R. L. WARD,
Speaker.

Passed by the Senate this 1st day of June, 1960.
D. F. MAYERS,
Acting Clerk of the Senate.


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




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