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Group Title: West Indies gazette
Title: The West Indies gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00177
 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: January 6, 1961
 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: VID00177
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 3
        Page 4
    Legal Supplement
        A-1
    Legal Supplement: pt. 2 Statutory Instruments (No. 18 of 1960): The West Indian Publications (Delivery of Federal Library Copies) Order, 1960
        A-2
    Legal Supplement: pt. 2 Statutory Instruments (No. 19 of 1960): The Federal Supreme Court (Appeal) (Amendment) Rules, 1960
        A-3
        A-4
        A-5
        A-6
        A-7
        A-8
        A-9
        A-10
Full Text






















THE WEST INDIES GAZETTE


Vol. 4 FRIDAY, 6th JANUARY, 1961 No. 2


LEGAL SUPPLEMENT

PART I--STATUTORY INSTRUMENTS

TABLE OF CONTENTS
No.
18 of 1960 The West Indian Publication (Delivery of Federal
Library copies) Order, 1960
19 of 1960 The Federal Supreme Court (Appeal) (Amendment)
Rules, 1960


Page

23

3


x


2--


'r*








The West Indian Publications (Delivery of Federal Library
2 Copies) Order, 1960.


THE WEST INDIES

STATUTORY INSTRUMENT No. 18 of 1960.


THE WEST INDIAN PUBLICATIONS (DELIVERY OF
FEDERAL LIBRARY COPIES) ORDER, 1960.

Made by His Excellency the Governor-General under
regulation 3 of The West Indian Publications Regulations, 1958.

ARRANGEMENT OF ORDER
Rule
1. Citation.
2. Delivery of Federal Library copies.


His Excellency the Governor-General in exercise of the
powers conferred on him by regulation 3 of the West Indian
Cap. 381. Publications Regulations, 1958, and of all other powers thereunto
enabling him in that behalf, hereby makes the following Order:-

Citation. 1. This Order may be cited as the West Indian Publications
(Delivery of Federal Library Copies) Order, 1960.

Delivery of 2. It is hereby directed that a copy of every book required to
Federal be supplied under subparagraph (a) of paragraph (1) of regulation
Library 3 of The West Indian Publications Regulations, 1958, shall be delivered
copies.
to -

The Reference Librarian,
Federal Information Services,
Federal House,
Port of Spain,
Trinidad.


Made this 30th day of December, 1960.


By Command,


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








The Federal Supreme Court (Appeal) (Amendment) Rules, 1960. 3


THE WEST INDIES

STATUTORY INSTRUMENT No. 19 of 1960.


THE FEDERAL SUPREME COURT (APPEAL)
(AMENDMENT) RULES, 1960.

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. Short title and
2. Amendment to
3. Amendment to
4. Amendment to
5. Amendment to
6. Amendment to
7. Amendment to
8. Amendment to
9. Amendment to
10. Amendment to
11. Amendment to
12. Amendment to
13. Amendment to
14. Amendment to
15. Amendment to
16. Amendment to
17. Amendment to
18. Amendment to
19. Amendment to


Commencement.
Order I, rule 2.
Order I, rule 8.
Order II, rule 1.
Order II, rule 2.
Order II, rule 3.
Order II, rule 5.
Order II, rule 6.
Order II, rule 7.
Order II, rule 13.
Order II, rule 14.
Order II, rule 27.
Order II, rule 28.
Order III, rule 14.
Order III, rule 18.
Order III, rule 21.
Order IV, Caption.
Order IV, rule 1.
Appendix A.


APPENDIX.



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 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:-

1. These Rules may be cited as the Federal Supreme Court Short title
(Appeal) (Amendment) Rules, 1960, and shall come into operation onand
the date of their publication in the Oicial Gazette of The est Indience-
the date of their publication in the Official Gazette of The West Indies. ment.








4 The Federal Supreme Court (Appeal) (Amendment) Rules, 1960.


Amend- 2. Paragraph (1) of rule 2 of Order I of the Federal Supreme
ment to Court (Appeal) Rules, 1959, (in these Rules referred to as "the principal
Order I, Rules") is hereby amended:-
rule 2.
(a) by the substitution for the definition of "Attorney
General" of the following definition-
'Attorney General' means the principal law officer
of the Crown (by whatever name called) for the
Territory from the superior court of which an appeal
is brought;";
(b) by the insertion in the definition of "Registrar" after the
word "includes" of the words "the Assistant Registrar
and".

Amend- 3. Rule 8 of Order I of the principal Rules is hereby amended
ment to by the substitution for the expression "regulation 28(3)" of the expres-
Order I,
rule 8. sion "regulation 28(2)".

Amend- 4. Rule 1 of Order 11 of the principal Rules is hereby amended:-
ment to
Ordcr II, (a) by the substitution for the words "the Registrar of the
rule 1. Court below" in paragraph (1) thereof of the words "the
Deputy Registrar in the Territory from which the appeal
is brought";
(b) by the substitution for paragraph (7) thereof of the
following paragraph-
"(7) The said Deputy Registrar shall send one
copy of the notice of appeal to the Registrar and the
other copy to the Registrar of the Court below.".

Amend- 5. Rule 2 of Order 11 of the principal Rules is hereby amended:-
ment to
Order II, (a) by revoking paragraphs (1) and (2) thereof, by
rule 2. renumbering paragraph (3) as paragraph (2) and by
substituting for paragraph (1) the following paragraph-
"2. (1) Where an appeal lies by leave only, any
person desiring leave to appeal shall apply for leave
within fourteen days, either by notice of motion or
by summons (whichever is appropriate) and such
application shall be made to the Court or to the
Court below or to the Judge who made the order;
the period of fourteen days shall run from the date
of the decision against which leave to appeal is
sought.";
(b) by the addition thereto of the following paragraphs-
"(3) If a respondent intends, upon the hearing
of an application brought under this rule, to apply
for leave to appeal in order to vary the decision of
the Court below, he shall within seven days of the
service upon him of the summons or notice of motion









The Federal Supreme Court (Appeal) (Amendment) Rules, 1960. 5

(or within such time as may be prescribed by
special order made on application) give written
notice of such intention to any parties who may be
affected by such contention, and in such notice shall
clearly state the reasons on which he intends to rely,
and within the same period he shall file a copy of
such notice with the Deputy Registrar.
(4) If on the hearing of a motion or summons
brought under this rule the respondent is given leave
to appeal in order to vary the decision of the Court
below, it shall not be necessary for him to comply
with the provisions of rule 5 of this Order.
(5) The provisions of paragraph (3) of rule
5 of this Order shall apply to a notice given under
paragraph (3) of rule 2 as it does to a notice under
rule 5.".

6. Rule 3 of Order II of the principal Rules is hereby revoked Amend-
and the following rule substituted therefor:- mentto
Order II,
"Time 3. (1) Subject to the provisions of this rule, no rule 3.
limits for appeal shall be brought after the expiration of six
appealing. weeks from the date of judgment delivered or order
made, against which the appeal is brought, provided
that in the case of appeals-
(a) against an interlocutory order or judgment
the period shall be fourteen days and, where
leave to appeal against such order or judg-
ment is required, fourteen days from the
grant of leave*
(b) against an order or judgment made in the
matter of the winding up of a company, or
in a matter of any bankruptcy, the period
shall be twenty-one days.
(2) An appeal shall be deemed to have been
brought when the notice of appeal has been filed with
the Deputy Registrar in the Territory in which such
appeal arose.
Extension (3)A Judge of the Court may by order
of time for extend the time prescribed in paragraph (1) of this
appealing. rule within which an appeal may be brought, provided
an application for this purpose is made within one
month of the expiration of the time so prescribed.
(4) In exceptional circumstances, the Court
having power to hear and determine an appeal, may
on application extend the time within which an
appeal may be brought beyond the period delimited
for an application to a judge of the Court under this
rule,









6 The Federal Supreme Court (Appeal) (Amendment) Rules, 1960.

(5) Every application for enlargement of time
when made to a judge of the Court shall be made by
summons, and when made to the Court shall be by
motion. Every summons or notice of motion filed
shall be supported by an affidavit setting forth good
and substantial reasons for the application and by
grounds of appeal which prima facie show good
cause therefore.
(6) Two copies of the summons and supporting
affidavit and four copies of the notice of motion and
supporting affidavit, in addition to the filed copies,
shall be left with the Deputy Registrar at the time
of filing for transmission to the Registrar.
(7) When time is so enlarged a copy of the
order granting such enlargement shall be annexed to
the notice of appeal.".

Amend- 7. Rule 5 of Order II of the principal Rules is hereby amended:-
ment to
Order II, (a) by the deletion from paragraph (1) thereof of the words
rule 5. "It shall not, under any circumstances, be necessary for
a respondent to give notice of motion by way of cross-
appeal, but"; this paragraph shall begin-"If a respondent
intends...";
(b) by the substitution for the words "Registrar of the Court
below" in paragraphs (1) and (2) thereof of the words
"Deputy Registrar in the Territory from which the appeal
is brought".

Amend- 8. Rule 6 of Order II*of the principal Riules is hereby amended:-
ment to
Order II, (a) by the insertion of the words "or respondent's notice as
rule 6. the ease may be" between the words "appeal" and "was";
(b) by the substitution for the words "proper officer of the
Court below" in paragraph (2) thereof of the words
"Deputy Registrar in the Territory from which the appeal
is brought".
Amend- 9. Paragraph (1) of rule 7 of Order II of the principal Rules
ment to
Order II is hereby amended by the substitution for the words "Registrar of the
rule 7. Court below" of the words "Deputy Registrar in the Territory from
which the appeal is brought."
Amend- 10. Rule 13 of Order II of the principal Rules is hereby
ment to
Order II, amended:-
rule 13. (a) by the substitution for the words "Registrar of the Court
below" in paragraphs (1), (2) and (3) thereof of the
words "Deputy Registrar in the Territory from which
the appeal is brought";
(b) by the addition thereto of the following paragraph-









The Federal Supreme Court (Appeal) (Amendment) Rules, 1960. 7


"(5) The Registrar may require the appellant
to pay the costs of transmitting to the Central
Registry of the Federal Supreme Court by surface
mail or by airmail, the record and any document
in the appeal received by him before or after the
transmission thereof; and such costs shall be
deemed part of the costs in the appeal.".


11. Rule 14 of Order II of the principal Rules is hereby Amend-
amended:- ment to
Order II,
(a) by renumbering that rule as "14.(1)", and by therluel4.
substitution for the words "With the Registrar of the
Court below a notice of withdrawal of his appeal", of
the words "with the Deputy Registrar a notice that he
desires to withdraw his appeal, together with two copies
thereof,";

(b) by the addition thereto of the following paragraph-
(2) The Deputy Registrar shall send one copy
of the notice of withdrawal to the Registrar and the
other copy to the Registrar of the Court below.".

12. Rule 27 of Order II of the principal Rules is hereby amended Amend-
by the deletion of paragraphs (a) and (b) thereof and by the substi-mentto
Order II,
tution of the following paragraphs therefor:- rule 27.

"(a) judgment may be delivered subsequently in the same or
any other Territory;
(b) at a sitting of the Court for the purpose of delivering
such judgment, the Court may be constituted by one,
two or three judges; and

(c) a judge whether ior not present at the hearing of an
appeal may deliver the judgment of the Court (being
the judgment of all or of the majority present threat)
and may read the reasons for such judgment or for the
concurrence or dissent of any judge who was a member
of the Court at the hearing.".

13. Rule 28 of Order II of the principal Rules is hereby amended Amend-
by the substitution for the words "the presiding judge" of the wordsment to
"the Registrar." Orde 28

14. Rule 14 of Order III of the principal Rules is hereby Amend-
amended:- ment to
Order III,
(a) by the deletion from paragraph (1) thereof of the wordsle 14.
"which form the appellant is hereby required to fill up
and forthwith return to the Registrar";
(b) by the revocation of paragraph (5) thereof.









8 The Federal Supreme Court (Appeal) (Amendment) Rules, 1960.


Amend- 15. Rule 18 of Order III of the principal Rules is hereby
ment to amended:-
Order III,
rule 18. (a) by the deletion from paragraphs (1) and (3) thereof
of the words "or the Court below" and the word "said"
wherever they occur;
(b) by the deletion from paragraph (8) thereof of the words
"or, where the appellant was released on bail by the
Court before which he was convicted, the said Court".

Amend- 16. Rule 21 of Order III of the principal Rules is hereby amended
mentto by renumbering the same as "21.(1)", and by the addition thereto of
Order III,
rule 21. the following paragraph:-
"(2) At a sitting of the Court for the purpose
of delivering a single judgment, the Court may be
constituted by one, two or three judges.".

Amend- 17. The caption to Order IV of the principal Rules is hereby
ment to amended by the addition thereto of the words "in any criminal cause
Order IV,
Caption, or matter".
Amend- 18. Rule 1 of Order IV of the principal Rules is hereby amended
meant to by the addition after the word "appeal" in the second line thereof of the
rule 1. words "under regulation 40 of the Regulations".

Amend- 19. Appendix A of the principal Rules is hereby amended:-
ment to
Appen- (a) by the insertion in the Index to Forms after the reference
dix A. to Form 2 of the following reference-
"2A Order II-r. 2(3) Application for leave to appeal
by respondent";
(b) by the insertion after Civil Form 2 of Civil Form 2A set
out in the Appendix to these Rules;
(c) by the deletion from Civil Form 11 of the words "Presiding
Judge".


Made this 20th day of December, 1960.

ERIC HALLINAN,
Chief Justice.

A. B. RENNIE,
Federal Justice.

C. V. H. ARCHER,
Federal Justice.








The Federal Supreme Court (Appeal) (Amendment) Rules, 1960. 9

APPENDIX

CIVIL FORM 2A O.II, r. 2(3)

IN THE FEDERAL SUPREME COURT
APPELLATE JURISDICTION

APPLICATION FOR LEAVE TO APPEAL BY RESPONDENT

(Territory) .......................

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

Between

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

and

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

TAKE NOTICE that upon the hearing of the application for leave to

appeal the Respondent herein intends to apply for leave to appeal and to

contend that the decision of the (Court below) dated the................

day of ................... 19 ..... should be varied as follows: t

AND TAKE NOTICE that the grounds on which the Respondent

intends to rely are as follows:-

1.

2.

3, etc.

DA TED this .............. day of...................... 19.....


Respondent(s).

To ........................... (A ppellant)
and to the Registrar.

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

Printed by Yuille's Printerie Limited, Trinidad,
By Authority.




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