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 Supplement No. 3
 Supplement: Magistrates' Jurisdiction...














Group Title: Official gazette, Barbados
Title: The official gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076861/00006
 Material Information
Title: The official gazette
Physical Description: v. : ill. ; 33-42 cm.
Language: English
Creator: Barbados
Publisher: s.n.
Place of Publication: BridgetownBarbados Published by authority
 Subjects
Subject: Law -- Periodicals -- Barbados   ( lcsh )
Politics and government -- Periodicals -- Barbados   ( lcsh )
Genre: periodical   ( marcgt )
 Notes
General Note: Caption title.
General Note: Supplements issued for some of the numbers.
 Record Information
Bibliographic ID: UF00076861
Volume ID: VID00006
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001043625
oclc - 12594829
notis - AFC6434

Table of Contents
    Main
        Page 21
        Page 22
        Page 22a
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
    Supplement No. 3
        Supplement No. 3 Page 5
        Supplement No. 3 Page 6
        Supplement No. 3 Page 7
        Supplement No. 3 Page 8
    Supplement: Magistrates' Jurisdiction and Procedure Act, 1956
        A-1
        A-2
        A-3
        A-4
        A-5
        A-6
        A-7
        A-8
        A-9
        A-10
        A-11
        A-12
        A-13
        A-14
        A-15
        A-16
        A-17
        A-18
        A-19
        A-20
        A-21
        A-22
        A-23
        A-24
        A-25
        A-26
        A-27
        A-28
        A-29
        A-30
        A-31
        A-32
        A-33
        A-34
        A-35
        A-36
        A-37
        A-38
        A-39
        A-40
        A-41
        A-42
        A-43
        A-44
        A-45
        A-46
        A-47
        A-48
        A-49
        A-50
        A-51
        A-52
        A-53
        A-54
        A-55
        A-56
        A-57
        A-58
        A-59
        A-60
        A-61
Full Text










VOL. XCII.









(Ie#


Oriaf*l


BY


azUetY

AUTHORITY


BRIDGETOWN, BARBADOS,


14TH JANUARY, 1957


NOTICE No. 14 -(Second pnblicr mn)
MEETING OF LEGI.ATURE
The Legislative Council will meet on Tuesday
15th January, 1957 at 2 o'clock pm.
The House of Assembly will meet on Tuesday
l.it January, 1957 at 3 o'clock p.m.
'OTICE No. 25
GOVERNMENT NOTICES
Acting Appointment
A. W. Symmonds, Acting Registrar, to act as
Registra-r of Trade Unions with effect from 2nd.
January, 1957.
(M.P. L. 287)
NoTIoE No. 2fi
NOTICE
Resolution made by the Governor-in-Executive
Committee under Section 2 of the Sale of Poisons
Act, 1885.
The article known as amphetamines (beta-amino-
propylbenzene and beta-aminoisroropylbenzene) is
hereby declared to be an article deemed to be a
poison within the meaning of the Sale of Poisons'
Act, 1885.
Resolved by the Governor-in-Executive Commit-
tee this tenth day of January, 1957.
By Command,
K. A. HALL,
Acting Clerk. Executive Committee.
(M.P. 2016/S.3/T. 2)


NOTrICE No. 27
The Midwives and Nurses Registration
Act, 1932 (1932-1)
APPOINTMENT TO THE GENERAL
NURSING COUNCIL
The Barbados Branch of the British Medical
Association has appointed Dr. C. B. Vaughan as its
representative on the General Nursing Council in
place of Dr. B. S. Skinner who is pursuing a, course
of study at McGill University.
(M.P. 2018 Vol. II)


No'rw': No. 28
LIQUOR LICENSE NOTICES
(Transfer and Removal)
The application of Stanley Chase of Six Roads,
St. Philip the purchaser of Liquor License No. 733
<;f 1957 granted to Isalene Nurse in respect of
ground floor of a wall building at Breretons St.
IPilip to remove said License to ground floor of a
wall building at Six Roads, St. Philip and to use
it at such1 last described premises.
Dated this 14th day of January, 1957.
To:-D. A. WILTIAMS' Esq.
Ag. Police Magistrate Dist "C"
STANLEY CHASE
Applicant.
N.B.--This application will be considered
at a Licensing Court to be held on 25th January,
1957 at 11 o'clock a.m. at Police Courts Dist. "C."
D. A. WILLIAMS,
Ag. Police Magistrate, Dist. "C."


PUBLISHED


- I


OcX 0,


7o?7


5 < 8 0











LIQUOR L


iThe application of thelbert JOlson, shop-
keeper, Bath Village, Christ Church, holder of Liquor
Licence No. 506 of 1957-58 in respect of a wall and
galvanized building at Brandons Alley, City, for
permission to remove said Liquor Licence to the bottom
rioor and 1st floor of a wall building at Trafalgar
Street, City, and to use it at the said last mentioned
premises.
Dated this 14th day of January 1957.
To:-C. A. ROCHEFORD, Esq.
Ag. Police Magistraie, District "A".

ETHELBERT JOHNSON,
Applicant.
N.B.-This application will be considered at a
Licensing Court to be held at Police Court, District.
"A", on Friday the 25th day of January 1957 al
11 o'clock, a.m.
C. A. ROCHEFORD,
Ag. Police Magistrate Dist. "A."


(Removal)
The application of Ursula Hinds, shopkeeper,
Lr. Deacon's Road, St. Michael, holder of Liquor
Licence No. 510 of 1957-58 in respect of a board
and shingled shop attached to residence at Baxters
Road, St. Michael. for permission to remove said
Liquor Licence to the bottom floor of a two storey
wall and wooden building at Baxters Road, Opposite
King Street, City, and to use it at the said last men-
tioned premises.
Dated this 14th day of January 1957.
To:-C. A. ROCHEFORD, Esq.
Ag. Police Magistrate, Dist. "A".

CHARLES C. VANDERPOOL,
for U. HINDS,
Applicant.
N.B.-This application will be considered at a
Licensing Court to be held at Police Court, District
"A," on Friday the 25th day of January 1957 at
11 o'clock, a.m.
C. A. ROCHEFORD,
Ag. Police Magistrate, Dist. "A."


(Removal)

The application of Shirley Nathaniel Bootman,
Shopkeeper No. 7 Swan Street, City, holder of
Liquor Licence No. 465 of 1957-58 in respect of
bottom floor of a two storey wall building at Tudor
Street, City, for permission to remove said licence
to a board and shingled shop at Cr. Hindsbury Cross
Road St. Michael and to use it at the said last men-
tioned premises.
Dated this 14th day of Januiary, 1957.
To:-Miss M. E. BOURNE,
Police Magistrate, Dist. "A."

S. L. DAVIS,
for Applicant.
N.B.-This application will be considered at a
Licensing Court to be held at Police Court, District
"A", on Friday the 25th day of January, 1957 at
11 o'clock, a.m.
M. E. BOURNE,
Police Magistrate, Dist. "A".


GAZETTE JA.suARY 14, 1957.

The application of Egbert Price of Carmichael
lenantry, St. George for permission to sell Spirits,
Malt Liquors, &c., at a board and shingle shop with
:ihed attached at Carmichael Tenantry, St. George.
Dated this 14th day of January, 1957.
To:-C. L. WALWYN, Esq.
Police Magistrate, Dist. "B."

EGBERT PRICE,
Applicant.
N.B.-This application will be considered at a
Licn'sing Coiur to Ie held at Police Court, District
"B" on Friday the 25th day of January IS57 at
11 ,,'elo.k, a.m.
C. L. WALWYN,
Police Magistrate, Dist. 'B."


The application of Joseph Ernest Marshall of
Merricks, St. Philip for permission to sell Spirits,
Malt Liquors, &c., at a board and shingle shop at
Eastpoint, St. Philip.
Dated this 11th day of January 1957.
To:-D. A. WILLIAMS, Esq.
Ag. Police Magistrate, Dist. "C".

JOSEPH ERNEST MARSHALL,
Applicant.
N.B.-This application will be considered at a
Licensing Court to be held at Police Court, District
"C", on Friday the 25th day of January 1957 at
11 o'clock, a.m.
D. A. WILLIAMS,
Ag. Police Magistrate, Dist. "C."



NOTICE NO. 29

NOTICE

Re the estate of
FRANETTA BOVELL
deceased

NOTICE IS HEREBY GIVEN that all persons
having any debt or claim against the Estate of
F'vranetta Bovell, deceased, late of Water Hall in
the I'arish of Saint Michael in this Island who died
on the 5th day of July 1955, intestate, are requested
to send in particulars of their claims duly attested
to ihe Iudersigned Sheila Delgator Boveil, C/o
'.i- i s-:. ilayines & Cu ii Solicitors, No. 12 High
Street, Bridgetown, on or before the 15th day
of March 1957, after which I shall proceed to dis-
tribute the assets of the deceased among the parties
entitled thereto having regard only to such claims
of which I shall then have had notice and I will not
be liable for the assets or any part thereof so dis-
tributed to any person of whose debt or claim I shall
not have had notice.

And all persons indebted to the said estate are
reiquisted to settle their said indebtedness without
delay.

Dated this 11th day of January, 1957

TIETLA DELGATOR BOVELL,
Qualified Administratrix of the Estate of
Franetta Bovell deceased.








OFFICIAL GAZETTE.


NOTICE No. 30


COLONIAL PRISON SERVICE MEDAL


His Excellency the 'Governor has approved the following awards to members of the Prisons


staff.
S. L. Whittington, Chief Officer ..
I. H. G. Bayley, Steward
C. DaC. Trotman, 1st Class Officer
A. Knight, Schoolmaster
P. St. C. (ill, 1st Class Officer ..
L. Mahon, 1st Class Officer
\V. E. Burgess. 1st Class Officer ..
C. Parris, 2nd Class Officer
(M.P.-919/S.2)


Colonial
Colonial
Colonial
Colonial
Colonial
Colonial
Colonial
Colonial


Prison
Prison
Prison
Prison
Prison
Prison
Prison
Prison


Service Medal and two clasps.
Service Medal and two clasps.
Service Medal and one clasp.
Service Medal and one clasp.
Service Medal.
Service Medal.
Service Medal.
Service Medal.


NOTICE No. 31
VACANT POST OF LIBRARIAN

PUBLIC LIBRARY, ST. VINCENT, B.W.I.

Applications are invited for the vacant post iof
Librarian, Public Library, St. Vincent.
The salary of the post is in the scale $1,368 x
$72 $2,160 per annum together with a pensionable
pay addition of 20'/; of salaries, and commencing
salary will depend on the qualifications and
experience of the officer.
The officer will be responsible for the running
and organisation of the Public Library in Kings-
town and for the organisation and supervision of
various branch libraries throughout the Colony, and
will he required to perform such other duties con-
nected with Library work as may from time to time
be assigned by the Administrator.
Preference will be given to applicants who
possess the Associateship Certificate of the English
Library Association.
The post is pensionable, and any claim to pen-
sion acquired in respect of previous Colonial Service
will be retained. Free first class passages are
provided for the officer, and up to four members of
his family, namely a total of 5 in all, on first a-ppoint-
ment only. No assisted passages are granted on leave.
Applications should be addressed to the Assi.-
tant Administrator and Establishment Officer,
Government Office, St. Vincent, and should reach
him not later than 15th February, 1957.


NOTICE No. 12 ---(fourth publication).

BARBADOS SCHOLARSHIPS, 1957

The examination for Barbados Scholarships wil
be the examination for the General Certificate o0
Education (Advanced and Scholarship Levels) c
the Oxford and Cambridge Schools Examination
Board, and will be held in Bridgetown in July next
in accordance with the Time Table of the Examina-
tion Board.
Candidates will be expected to offer at least
one subject at Scholarship Level and one at
Advanced Level.
Candidates must be -
(a) under twenty (20) years of age en
31st May, 1957;
(b) natives of Barbados; or
(c) children of a native of Barbados: or
(d) children of persons who are domicile
and have been resident in Barbados
for a period of not less than ten (10)
years.


Candidates must produce with their applica-
tions Birth Certificates, as well as certified stale-
melt:,s cieclarin;. that they have been receiving their
educaTion in Barbados for a total period of not
less than three (3) years within the period of five
(5) years immediately preceding the year of award,
and that their moral character and general conduct
are satisfactory.
AppHications completed on forms which aie
obtainable from the Department of Education must
be sent to the Director of Education not later thun
.lst January, 1957.
10th January, 1957.


NOTICE No. 11 --(four-th publication)
UNIVERSITY COLLEGE OF THE WEST
INDIES

Barbados Government Exhibitions
Applicants for admission as candidates for
baroados Uovernment Exhibitions tenable at the
University College of the West Indies are required
i,, submit their applications to the Director of Edu-
cation InoL later than Thursday, 31st January, 1957.
Application forms may be obtained from the
IDepartmient of Education, Public Buildings, Bridge-
Town.
Candidates must be
(a) under twenty (20) years of age or. 31s
January, 1957;
(b) natives of Barbados; or
(c) children of a native of Barbados; or
(d) children of persons who are domiciled
and have been resident in Barbados
for a period of not less than ten (10)
years.
Candidates must produce with their applications
1ii-t]i Certificates as well as certified statements
declaring that they have been receiving their edu-
cation in Barbados for a total period of not less
than three years within the period of five years
immediately preceding the year of award, and that
lheir moral character and general conduct are
satisfactory.
N.B. Applicants for admission as candidates fo.
Barbados Government Exhibitions must als(
forward direct to the Registrar of the Uni
versity College of the West Indies, Jamaica
their applications for Entrance to the Uri
versity College. The closing date for applisc
tions for Entrance is 31st January. 1957
Department of Education,
10th January, 1957.


JANUARYI 14, 11)5-1-


22









UIC1 iCIAL GAETEJN_ a 1,197


NoTri -No. 2-i -(second publication)
NOTICE
IS IEREBY GIVEN that it is the intention oE
the Vestry of the Parish of Saint Michael to cause
to be introduced into the Legislature of this Island
a Bill to amend the Vestries Act 1911 (1911-5) so
as to authorise the said Vestry to increase the salary
of the Collector of Rates and Parochial Treasurer
of the said parish to a maximum of $6,000.00 per
annum and to increase the salary of the Clerk to
the Churchwarden to a maximum of $3,192.00 per
amnum, such amendment to take effect from the 25th
day of March 1956.
Dated this 8th day of January 1957.
E. C. REDMAN,
Vestry Clerk, St. Michael.

NOTICE NO. 8 -(third publication)
NOTICE

NOTICE IS HEREBY GIVEN that Inez De-
Lacey Spencer of Scotts Gap, Brittons Hill in the
parish of Saint Michael in this island, has petitioned
His Lordship the acting Chief Judge of the Court
of Ordinary of this island for a Grant of Letters ol
Administration to the real and personal estate of her
late husband ALGERNON DeCOURCEY SPENCER
Tf Taitts Hill in the parish of Saint George who died
in this island on the 22nd day of December 1956 in-
i i'state
AND NOTICE is further given that an ex parte
application for such GRANT of Letters of Admunis-
tration will be made to the Court on Friday the
25 thl dayi of January 1957 at 11 o'clock in the fore-
I on.
Dated this 7th day of January 1957.

E. D. ROGER
Petitioner's Proctor.

No'rjrl No. 10 -(ihird pnhliention'
DEPARTMENT OF EDUCATION
Government Exhibitions tenable at Government
Aided Secondary Schools-Boys and Girls
Forms of application for First Grade Exhibitions,
!'rimarv to First Grade Exhibitions and Secoand
(cade Exhibitions are available at the Departmert
if Education, Public Buildings, Bridgetown.
Senior First Grade Exhibitions
Candidates must be under 16 years of age on
.11i(e 30th, 1957.
Junior First Grade Exhibitions
Candidates must be under 13 years of age <,n
.June 30th, 1957.
Primary to First Grade Exhibitions
Candidates must be under 13 years cf age on
June 30th, 1957, and must be a pupil in attendance at
a Public Elementary School.
Second Grade Exhibitions
Candidates must be under 12 years of age rn
June 30th, 1957.
Renewal Second Grade Exhibitions
Candidates must be holders of Second Grade Ex-
hibitions which are about to expire.
Application forms, accompanied by Birth/Bap-
tismal Certificates must be forwarded to the Depart-
ment of Education not later than Saturday, jCth
February, 1957.
9th J.inuary, 1957.


NOTICE No. 5 -(fourth publication)

INCOME TAX NOTICE

Notice is hereby given in accordance with se.c-
tion 24, Income Tax Act, 1921, that income tax re-
';rens are required from
(a) all resident companies whether incor-
porated or unincorporated, societies,
trusts or persons engaged in anu trade,
business or profession;
(b) all non-resident companies whether in-
corporated or unincorporated, socie-
ties, trusts, or persons engaged in any
trade, business or profession or having
income arising in this island;
(c) all owners of land or property whether
a taxable income has accrued during
the past year or not;
(d) all married men who are living with
or wholly maintaining their wives whose
income including the wife's income is
$1,300 or over for the past year;
(e) all other persons whose income is
$720 or over for the past year.
Forms of return mnay be obtained from the
Inland Revenue Department, Bridge Street,
AFTER THE 1ST DAY OF JANUARY, 1957,
and the forms duly filled in must be delivered to me
on or before the following respective dates:-
1. Returns of persons whose books were
closed on the 31st day of December, 1956,
on or before the 31st day of March, 1957.
2. Returns of persons whose principal place
of business is not situate in the island on
or before the 30th day of June, 1957.
3. Returns of all other persons, on or 1 before
the 31st day of January, 1957.
N. D. OSBORNE,
Acting Commissioner of Inland Revenue.

FORMS to be used-
Use WIIITE form if you are in receipt of emol-
uments which will be subject to Pay As
You Earn deductions.
Use PINK form (a) if you are engaged in
trade or business as a
Proprietor or Partner.
(b) if return is submitted on
behalf of a limited liabil-
ity COMPANY.
Use GREEN form in all other cases.
Note:-
(1) Any person failing to make his return
within the due date will be liable to a fine
not exceeding $480.00 and not less thau
$9.60.
(2) Except in cases where the owner of the
income is incapacitated and/or the per-
mission of the Commissioner has been
obtained to signature by another person,
the form must be signed by the person
whose incoeic is returned.
(3) Either the husband or the wife may re-
quest the Commissioner by notice in
writing on or before the date prescribed
for the delivery of the return to divide the
tax and issue separate assessment notices.
(4) Any person who is not domiciled in this
inland and who, although not having resided
here for six months during 195G. would
still be regarded as resident for taxation
purposes, may claim, on or before the date
prescribed for the delivery of the return,
to be charged as a non-resident.


OF~FICIA~L GAZETTE


JasL\aAR.Y 14, 1957.








O L' I.CIAL GAZETTE


NOTriE No. 18 -(second publication)


TAKE NOTICE


EQ U AN 1L


That JOHN WYETI & BROTHER LIMITED,
a company organized under the laws of the United
Kingdom of Great Britain Kand Northern Ireland.
S .,ilf, I.-,i i;l (CI., .i t whose trade or business
address is The Factory, Braydon Road, London,
N., England, has applied for the registration of a,
trade mark in Part "A" of Register in respect of
pharmaceutical preparations for human use and for
veterinary use, and will be entitled to register the
same after one month from the 10th day of January
1957 unless some person shall in the meantime give
notice in duplicate to me at my office of opposition
of such registration. The trade mark can be seen
on application at my office.


Dated this 9th day of January 1957.


A. W. SYMMUNDS,

Acting Registrar of Trade Marks.


NorICE No. 19 --second publication)

BARBADOS.

IN THE COURT OF CHANCERY

In pursuance of the Chancery Act 1906, i do
hereby give notice to all persons having or clairing
any estate, right or interest or any lien or incum-
S:rance in or affecting the property of the defendant
1, bring I, !i.. miie an account of their claims with
their witnesses documents and vouchers to be exam-
ined by me on any Tuesday or Friday between the
hours of 12 noon and 3 o'clock in the afternoon at
lthe R'egistration Office, Town Hall, Bridgetown before
Ile 20th day of March 1957 in order that such claims
iaiy be reported on and ranked according to the na-
lure and priority thereof respectively otherwise such
persons will be precluded from the benefits of any
icoree and be deprived of all claims on or against the
-aid property.

PJ,1:,: ,'!: DARCY AUGUSTUS SCOTT
lJ)'rndan1t: EGBERT LAWRENCE BANNISTER

I'ropcrty: ALL THAT certain piece or uarce.
(f land silnate at Road View in the parish of Saint
Petor in this Island containing by admeasurement
seventy thousand seven hundred and eighty-five
iuaire, feet or thereabouts Abutting and Bounding
t!,Ivards the North on lands of one Preseod towards


the East on the public road running front lioletovn
to Speightstown on lands of one Holder on lands of
one King on the public road aforesaid on lands of one
Forde on lands of one Williams on lands of one
d;riffith and on the public road aforesaid and towards
rhe South on lands of Beatrice Bannister and Cecilia
Thonas respectively and towards the VWe.t on the
sea-shore or however else the same may abut and
bound.
Bill Filed: 29 November, 1956
!ated: 9th .January, 1957

A. W. SYMMONDS,
Ag. Registrar-in-Chancery.


NOTICE No. 20 -i( cIni publication)

BAPRBADOS.

IN THE COURT OF CHANCERY

in pursuance of the Chancery Act 190'6, I do
hereby give notice to all persons having or claiming
any estate, right or interest or any lien or incumbrance
in or affecting the property of the defendant to bring
before me an account of their claims with their wit-
iie.ses documents and Vouchers to be examined by
ime on any Tuesday or Friday between the hours of
12 noon and : o'clock in the afternoon at the Registra-
tion Office, Town Hall, Bridgetown before the 20th
cay of March 1957 in order that such claims may be
reported on and ranked according to the nature and
priority thereof respectively otherwise such persons
will be precluded from the benefits of any decree and
be deprived of all claims on or against the said pro-
. erty.

Plaintiff: OSCAR ELIJAIl BRIDGEMAN
D)fcnanai : SAMUEL ASIIF'IELD HEADLEY

Propcily: ALL THAT certain piece or parcel
of land situate at St. Helens in the parish of Saint
(ieorge in this Island (formerly part of the lands of
St. Helens) formerly containing by admeasurement
four acres one rood seven perches but found by sur-
vcry made by L. B. Redman and L. G'. Quintyne,
Sworn Surveyors, on second November One thousand
Iiile hundred and fifty-six to contain by admeasure-
ment four acres one rood twelve and four fifths
perches (inclusive of sixteen and three-tenths perches
io, a road in common which runs along the southern
boundary of the said parcel oC land and leads 'o the
public road) Butting and bounding on the North on
lands of Croves Plantation on the East on lands of
ilames Clarke on the South. on the remainder of the
s'id rold in common and on the West on the public
road or however else the. same may butt and bound
Tno'eth!er with the messuag'e or dwellinghouse and all
other eretions and buildings both freehold and chat-
ri on lhe said land erected and built standindr and


i77ll Piler: 27 November, 1956
')nrcl: 9th January, 1957


A. W. SYMMONDS,
Ag. Registrar-in-Chaneery.


JANUARY 14, 1957.


24








JNUAX RY 14, 1937.


NorTCE No. 21 --(second publication)

TAKE NOTICE


SPUD

That PHILIP MOU'IS INCORtPOLLTED, a
corporation organized and existing under the laws
of the State of Virginia, United States of America,
Manufacturers, whose trade or business address is
100 Park Avenue, City of New York, State of New
York, U.S.A., has applied for the registration of a
trade mark in Part "A" of Register in respect ol
Cigarettes, cigars and tobacco products, and will be
entitled to register the same after one month from
the 10lh day of January 1957 unless some person
shall in the meantime give notice in duplicate to me
at my office of opposition of such registration. The
trade mark can be seen on application at my office.

Dated this 9th day of January 1957.

A. W. SYMSIOD'NDS.
Acting Registrar of Trade Marks.


NOTICE No. 22 ---(second publication)

TAKE NOTICE






That THE NATIONAL CASH REGISTER
COMPANY, a corporation organized andl existing
under the laws of the State of Maryland, United
States of America, Manufacturers, whose trade or
business address is Main & K Streets, Dayton, Ohio,
United States of America, has applied for the
registration of a trade mark in Part "A" of regis-
ter in respect of Cash registers in general, cash sale
registers; credit registers; autographic registers;
accounting machines; calculating and computing
machines; combined typewriting and calculating
machines; registering devices of flexible design
having one or more possible functions of indicating,
ticket printing and issuing, computing, calculating,
accounting, data classifying, typewriting or type
printing and data recording; and parts and acces-
sories of said machines, registers and devices; all of
which may be with or without indicating mechanism,
ticket printing and issuing mechanism, calculating
mechanism, data classifying mechanism, typewriting
or type printing mechanism, registering mechanism
or cash drawers; paper cutting machines; paper


sorting machines; paper stacking machines; and the
parts and accessories of said machines; paper in
general, such as writing paper, printing paper,
paper rolls, paper strips and receipt paper; and sta-
tionery articles in general, such as form books, sales
'ooks, receipt books and tablets, statement books
and cash register account books; and in general,
articles for printing, bookstores, stationery, litho-
graph, bookbinding, cardboard making, teaching,
drawing and the office; writing, calculating regis-
tering machines and adding machines; and filing
cabinets, combined electrical printing or marking
and communicating system, printing ink, ink ribbons
and ink rolls, and will be entitled to register the
same after one month from the 10th day of January
1957 unless some person shall in the meantime give
notice in duplicate to me at my office of opposition
of such registration. The trade mark can be seen
on application at my office.

Dated this 9th day of January 1957.

A. W. SYaDIMO1NDiS,
Acting Registrar o(, Trade Marks.


NoTICE No. 23 -(second publication)

TAKE NOTICE



ANGO8


That ANGOSTURA BITTERS (Dr. J. G. B.
Siegert & Sons) LIMITED a company incorporated
under the laws of Trinidad, Manufacturers and Mer-
chants, whose trade or business address is 6 & 8,
George Street, Port-of-S'pain, Trinidad, has applied
.or the registration of a trade mark in Part "A" of
Register in respect of Wines, spirits and liqueurs, and
will be entitled to register the same after one month
from the 10th day of January, 1957 unless some per-
son shall in the meantime give notice in duplicate to
me at my office of opposition of such registration.
The trade mark can be seen on application at my
office.

Dated this 9th day of January, 1957.

A. W. SYMMONDS,
Acting Registrar of Trade Marks.


OFFICIAL GAZETITE






Page
26
Missing
From
Original









JANUARY 14, 1957. 2IWCIAL GAZETTE 27



THE ROYAL BANK OF CANADA

General Statement 30th November, 1956



ASSETS


G old an d C oin .............. ..................................................... ..................... .........................................
Notes of and deposits with Bankof Canada .... ....................... ......................
Government and bank notes other than Canadian. ............................................................
D ep osits w ith oth er b ank s ......................................... .... ...................................... ............
Cheques and olher item s in transit, net ............... ........................................ ..............


Government of Canada treasury bills, not exc-edi:;g market value .............................
D ay to day loans in C anada ................................. ............... ............................................

Other Government of Canada direct and guaranteed securities, not exceeding market
v a lu e ........................................................................ ............................ ........ ..........................
Canadian provincial government direct and guaranteed securities, not exceeding
m market value ...............................................................
Other securities, not exceeding m market value ....... .. .................. ...............................
Call and short loans to brokers and investment de.o_-ri. secured (excluding day to
day loans in C anada) ................ .... ........ .......... .... .. ........ .......


Other current loans, less provision for estimated loss .................. ......................
Non-current loans, less provision for estimated loss .............................. ...................
Mortgages and hypothecs insured under the National Housing Act, 1954, less provision
fo r e stim a ted lo ss .................................................... ..................... .................... ..............
Dank premises at cost, less amounts written off..... .....................................................
Shares of and loans to corporations controlled by 1!i. bank ...........................................
Customers' liability under acceptance, guarantees and letters of credit, as per contra
O th er assets ................................. ...... ........... .. ......... .. ............. .. .... .. ............


LIABILITIES


Deposits by Government of Canada ..............................................................................
Deposits by Canadian provincial governments ............................................... ...............
D deposits by other banks ...................................... ............. ........................................................
Personal savings deposits payable after notice, in Canada, in Canadian currency ........
O th er d ep o sits ............................................................ .. ............... .. .......... .......................... .....

Acceptances, guarantees and letters of credit ...... ...........................................................
O th er lia b ilitie s ...................... ............... .......... ....... ................................................................


Capital paid up ........................................ ..... ......... ................... $ 50,298,893
R est A account .......................... ............................ ..... ..................... .............. 135,737,122
U n divid ed profits ............................................................ ..... ..... ............ ........ 665,618


195,656,924
21,434,628
152,447.303
211,195,830

$ 585,749,787
202,432,391
42,100,000

$ 830,282,178

431,453,9;4

81,119,412
492,218,188

123,189,376

$1,958,263.053
1,294,809,314
283,712

186,200,416
30,690,071
6,471,000
93,174,380
1,406,367

$3,571,298,320




$ 98,253,185
25,449,415
149,337,551
1,303,230,479
1,702,104,805

$3,278,375,435
93,174.280
13,046,872

$3 384,596,687



186,701,633

$3.571,298,320


NOTES :- (11 The Royal Bank of Canada (France) has Oucen incorporated under the laws of France to
conduct the business ot the Bank in Pans, and the assets and liabilities of The Royal
Bank of Canada (France) are included in the above general statement.
(2) Payment of balance of instalment subscriptions to new stock issue will result in paid
up capital of $50,400,000 and Rest Acc-',nt of $136,000,000.


JAMES VMUIR,
Chairman and President


K. M. SEDGEWICK,
General Manager.


AUDITORS' REPORT
TO THE SHAREHOLDERS, THE ROYAL BANK OF CANADA:
We have examined the above Statement of Assets and Liabilities as at 30th November, 1956 and compared
it with the books and accounts of The Royal Bank of Canada at the Head Office and with the certified returns from
the branches. We have checked the securities representing the Bank's investments held at the Head Office at the
close of the fiscal year, and at various dates during the sear have checked the cash and investment securities at
several of the important branches.
We report that we have obtained all the inform i:on and explanations which we have required, and in
our opinion the transactions f the Bank which have come under our notice have been within the powers of the
Bank. The above statement, in our opinion, presents fairly 1F financial position of the Bank as at 30th November,
1P56 and is as shown by the books of the Bank.


Montreal. 18th December. 1956


JOHN R. CHURCH, C.A..
of Price Waterhouse & Co.
of P. S. Ross & Sons
GUY E. HOULT, C.A.,


Auditors








28 OFFICIAL GAZETTE


NOTICE


Statement of Unclaimed Articles etc., now in possession of the Police at Central, Hastings,
Worthings, Black Rock, Belleplaine and District "A" Stations. All persons entitled to them should
establish claims within one (1) month from the date of this Notice.


DESCRIPTION OF PROPERTY


Central Station
One (1) Felt Hat
One (1) Handbag
One (1) Ladies' Hat
One (1) Rubber Cloak
One (1) Motor Car Wheel Cap
One (1) Purse & two (2) Pieces of Gold
One (1) Vest
One (1) Wrist Watch & Strap
One (1) Bicycle
Eight (8) Boxes of Envelopes
One (1) Sports Coat & Head Piece
One (1) Fountain Pen
One (1) Receipt for B.T.C. Tickets
One (1) Gents' Shoe ...
One (1) Car Tyre & Wheel ... .
One (1) Pair of Eye Glasses ...
One (1) Felt Hat ...
One (1) Chauffeur Coat ...
One (1) B.T.C. Book
One (1) Rubber Bladder
One (1) Chisel .
One (1) Pair of Sun Shades ...
One (1) Generator ...
Five (5) Pieces of Board ... ...
One (1) Piece of Plank ...
One (1) Piece of Plank
Two (2) Eye Clip Shades & Five (5)
Penicillin .
One (1) Brown Pants ...


Hastings Station
One (1) Rosary, one (1) Key
Case
One (1) Rain Coat ...


...


.

..







...

o..

..

..
..
Phal


& One (1) Leather


Worthings Station
Three (3) Plates, one (1) Dish, one (1) Bowl, one
Saucer & one (1) Lunch Plate


Black Rock Station
One (1) Motor Car Wheel Cap
One (1) Sickle
A Quantity of Cloth ...

Belleplaine Station
One (1) Piece of Card Board


District "A" Station
One (1) Torchlight


Date Came
into
Possession


20. 2.56
4. 3.56
4. 4.56
10. 7.56
16. 9.56
18. 9.56
19. 9.56
28.10.56
22. 8.56
30. 8.56
4. 9.56
10. 9.56
29. 9.56
5.10.56
20.10.56
14. 6.56
30. 9.56
9.10.56
6.11.56
2.11.56
10.11.56
11.11.56
15. 9.56
26. 9.56
14.10.56
19.10.56

1.11.56
25. 9.56



21. 7.56
22. 9.56



1. 2.55


12. 9.56
17.10.56
20.11.56


21.10.56



16.11.56


REMARKS


Found in Careenage
on Bay Street
Left at Bridge Station
Found on Nelson Street
,, Lower Collyniore Rock
Grant's Ave ,Bay Land
,, Bay Street
Dropped from Diamond Bus
Found on Marhill Street
,. Synagogue Lane
at Gov't Savings Bank
on Walrond Street
.. Pinfold Street
Swan Street
., Roebuck Street
,, Martindale's Road
.. 5th Ave Belleville
,, Constitution Road
., Lower Bay Street
.Tudor Street
.. Roebuck Street
,. Coleridge Street
Unlawful Possession









Found on Grave's End Beach
Found on Grave's End Beach



Seized in Larceny Case


Found on Bridge Gap, Black Rock
., Lower Bank Hall Road
Tamarind Lane Black Rock


Found on Belleplaine Road.
St. Andrew


Found on Mansion Rd.. Bank Hall


14th January 1957.


JANx-avR 14, 1957.








Subsidiary Legislation Supp Ilemnt No. 3

Supplenment to Official Gazette No. 4 dated the 14 Jan., 1951


L.N. 6

The Hotel Aids Act, 1956


THE HOTEL AIDS (IMPORTATION OF BUILDING
MATERIALS, MACHINERY AND PLANT,
REGULATIONS, 1957


The Governor-in-Executive Committee in exercise of
the powers conferred upon him by section sixteen of the
Hotel Aids Act, 1956, hereby makes the following Regula-
tions:-
1. These Regulations may be cited as the Hotel Aids
(Im portation of Building, Materials, Machinery and Plant,
IRegulations, 1957.
2. Every applicant for a licence to import into the
Island any building materials or machinery or plant for
any of the purposes set forth in the Act shall-
(a) make an application to the Comptroller of
(Customs in the form numbered one in the
Schedule hereto;
(b) deliver to the Comptroller of Customs tlhe
appropriate import licence which may wh
required under the Exports and Imporit-
(RIestriction) Act, 1939, in respect of the
importation of the said goods;
(c) deliver to the Comptroller of Customs ;:.t
import licence in duplicate in the form num-
bered two in the Schedule hereto:
(d) produce any other document which the
Comptroller of Customs may require;
(e) comply with such instructions as the Comn-
1 roller of Customs may give.
3. The import licence, FormI II, shall be completed
by the applicant and shall contain the name of the im
porter 1by whom the goods are to be imported, the country
from whence the goods are to be imported, the country
Iron whence the goods are to be imported, the name and
address of the supplier and the quantity, description and
-\alue of the goods to be imported.
4. One copy of Form II so to be delivered as aforesaid
shall be returned by the Comptroller of Customs to the
importer duly signed.

Made by the IGovernor-in-Executive Committee this
fifth day of January, one thousand nine hundred and
fifty-seven.

By Command,

K. A. HALL.
Acting Clerk, Executive Committee.








6 SUBSIDIARY LEGISLATION


SCHEDULE

FORM I

APPLICATION FOR LICENCE

I ....... ........................... ... of............. .........................
hereby make application for a licence to permit the import
of the goods specified in the accompanying licence and
lo hereby declare that the said goods are to be used-
(a) in the construction, extension, alteration or re-
construction of the ........................................hotel
situate at................or which when complete will
be situate at ....................... ...................... .....
(b) for the purpose of housing the following amenity
or amenities-
(i)
(ii)
at the................hotel situate at............................or
which when complete will be situate at................
(c) in the newly erected..........................hotel situate
at...................................... or which when complete
will be situate at....................................... ...........
(d) in the new extension made or to be made to the
existing .......................................... hotel situate at
or which when complete will be situate at................

D ated this ................................day of ................19:......

Signed........................... ................
Notes.
1. A licence for the importation of goods that are
building materials may only be granted in cases
(a) and (b) above.
2. A licence for the importation of goods that are
machinery or plant may only be granted in cases
(c) and (d) above.
3. Delete whatever is inapplicable.


FORM II

Number ...................... ................

Issedt' B!Y The (Comptroller of Cuitom, under the
hotell Aids Acl 1956 (1956-53)

In pursuance of the powers conferred upon him by
the Hotel Aids Act, 1956, the Comptroller of Customs
hereby authorises and permits ...............................
t import from .................................. ....................
Name and Address of Supplier ......... ..............................
Ihe goods specified on the back hereof.



Comptroller of Customs.


D ate............................








SUBSIDIARY LEGISLATION 7


L.N. 7
Defence Regulations, 1939


ORDER MADE BY THE COMPETENT AUTHOR-
ITY UNDER REGULATIONS 50 AND 90 OF
THE DEFENCE REGULATIONS, 1939


This Order may be cited as the Control of Prices (De-
fence) (Amendment) Order, 1957, No. 2.
2- The Schedule to the Control of Prices (Defence)
Order, 1942, as contained in the Control of Prices (De-
fence) (Amendment) Order, 1955, No. 4 is hereby further
amended by deleting all the words, figures and symbols
ocmcurring in the columns marked "WHOLESALE
PRICE" and "RETAIL PRICE" in respect of the
Article "Oil-Kerosene" and substituting therefore the fol-
lowing :-


WHIOLFSALF RETAIL PRICE
ARTICLE PRICE (not more than)
(not more than)


Oil--KeroSene .... 38,c. per gallon 40c. per gallon or
S52c. per pint.

Made by me the aforesaid Competent Authority this
eleveith day of January, one thousand nine hundred and
fi ty-seven.

C. D. EVELYN,
for Competent Authority.

L.N. 8

POWER OF DISALLOWANCE


His Excellency the Governor has been notified that
the Power of Disallowance will not be exercised in respect
of the undermentioned Act:-


No. Year Short Title


42 1956 The Public Health (Amendment)
Act, 1956.

46 1956 The Barbados Light and Power
Company (Pumping Station)
Act, 1956
50 1956 Department of Science and Agri-
culture (Repeal) Act, 1956.


(M.P. 2030/S2/T1)

(I.P. 3081/8/T.1)


(M.P. 1/S 11/T1)







SiPPLEMENT TO OFFICIAL GAZETTEE. 14TH JANUARY, 1957.

1956-57
BARBADI)OS.
An lct to amend and consolidate the Acts uf lhis
Island relatinl to the jurisdiction of, iand tle practice
and procedure before magistrates' courts and appeals
thi'refran aind to matters connected therewith.
(15th Novemner, 1956).
BE it enacted by the governorr, Council and Assem-
bly of this Island and by the authority of ;he same as
follows:-
1. This Act may be c.iled as the Ml in ri ... ,' ,Juris- Short title.
diction and P'rocedure Act, 1956.
2. (1) In this Act, unless the context otherwise Interpretation.
requires, the following expressions shall have the mean-
:ng herehy assigned to ther.. that is to say--
"affiliation order" means an order made under
the settlement of the Poor and Bastardy Act, 1897 Act 1897-6.
adjudging a man to be the putative fath-r of a bas-
tard child and ordering him to pay a sum of money
weekly, or otherwise, to the mother of the bastard
child or to any other person who is namIcd in the
order;
"civil jurisdiction' means the jurisdiction con-
ferred on a magistrate under and by virtue of para-
gr'iph (c) of subsection (2) of section four of this
Acr, or any other jirii. iction of a civil natlur, her-
aft r conferred on a magistrate by any other enacl-

"clerk'' means chief clerk of a magistrate's
court appointed by the (Governor in accordance with
the provisions of section eleven of this Act;
"constable" means any member of the Police


Force.
"district" means i magisterial district as pro-
vidcd for in section six of this Act;
"domestic )pr(eedings" means proceedings in-
der the Married Woman's (Separation and Mainten-
ance) Act, 1950; or under the Maintenance Order
(Facilities for Enforcement) Act, 1922;
"enactment" includes an enactment contained
in any Act or subsidiary legislation;
"fine" includes any pecuniary penalty or for-
feiture or pecuniary compensation or costs payable
under a conviction;
"goods" includes chattels;
"informant includes prosecutor;
"maintenance order" means any order made un-
der the provisions of section three of the Married
Woman's (Separation and Maintenance) Act, 1950
or under section three of tlhe Married Woman's Act,
1896, and includes any order to which the Mainten-
ance Order (Facilities for Enforcement) Act, 1922
applies;
Ildictable offence" and "offence punishable on
indictment" means alny offence triable on indictment
(whether or not it is also triable by a magistrate) and
includes the offences mentioned in sections thirty-
five to forty-one and section forty-five of Part IV of
this Act;
'proceedings" means proceedings before a magis-
trate in any cause or matter in respect of which a
magistrate has jurisdiction by virtue of the provisions
of section four of this Act;
proceedingss in a matter of bastardy" means
any proceedings before a magistrate ; respect of his
jurisdiction under thle Settlement of the Poor and
Bastardy Act, 1897;


Act 1950-51.
Act 1922-4.


1950-51.

1896-5.
1922-4.


Act 1897-6.








SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.

"Registrar" means Registrar of the Supreme
Court;
"summary offence" and "offence punishable on
summary conviction" means an offence triable by a
magistrate (whether or not it is also triable oil indict-
ment) ;
"the rules" means rules made under section one
hundred and sixty-one of this Act;
(2) Any reference in this Act to a suin ad-
judged to be paid by a conviction or order of a magistrate
shall be construed as including a reference to any costs,
damages or compensation adjudged to be paid by the
conviction or order of which the amount is asceltained by
the conviction or order.
(3) Where the age of any person at any time is
material for the purposes of any provistcns of this Act
regulating the powers of a magistrate, his age at thi,
material time shall be deemed to be or to have been th;t
which appears to the magistrate after consider ing any
available evidence to be or 1o have been his ag". at that
lime.
(4) Except where the context otherwise re-
quires, any reference in this Act to an offence shall be
construed as including a reference to an alleged offence,
and auy reference in this Act to an offence conmnitted,
completed or begun anywhere shall be construed as i,'
eluding a reference to an offence alleged to have been
committedd completed or begun there.
(5) Except where the context otherwise re
quires, references in this Act to any enactment shall in
elude a. reference to that enactment as amended, extended
or applied by any other enactment, including this Act.

PART I-GENERAL

Appointment 3. (1) The Governor may, by warrant under the
of Magistrates Great Seal of Barbados, appoint magistrates to such
and Acting number as there shall be offices established under the
IMagistrates.
Act 1949-5. Civil Establishment Act, 1949.
(2) Whenever the office of a magistrate is
vacant, or whenever a magistrate is absent from the Island,
or is, by reason of illness interest in any cause or matter,
or for any other reason, incapable of acting, or whenever
in the opinion of the Governor the due administration of
justice so requires, he may appoint some other person to
act as magistrate for such period as may be prescribed in
the warrant.
(3) Any appointment of a magistrate un'Ier the
provisions of this section shall be notified in the Official
Gazette.
(4) Every magistrate shall ex officio be a Jus-
tice of the Peace for the Island.

Jurisdiction. 4. (1) Every magistrate shall have and exercise all
such powers, privileges, rights and jurisdiction as are
conferred upon each of them respectively under the pro-
visions of this Act or of any other enactment, and also,
subject to this Act and any dther enactment, all such
powers, privileges, rights and jurisdiction as are conferred
on Justices of the Peace by Common Law.
(2) Every magistrate shall have and exercise
full power and jurisdiction in respect of-
(a) all offences punishable on summary con-
viction and all matters relating thereto or in respect of
which a court of summary jurisdiction can make an order
in the exercise of its jurisdiction;








SUPPLEMENT TO OFFICIL\L GAZETTEE 14TII JANUARY, 1957.

(0) all preliminary enquiries into indictable
otfences.
(c) all matters in respect of which a magis-
trate can give jud gment or make an order in the exer-
cise of the jurisdiction conferred under and by virtue of
the Petty Debt Act, 1899. Act 1899-3.
5. No Justice of the Peace shall exercise any of the Limitation of
powers or functions by this Act granted and assigned t) power of Jus-
mnagistrates and not by this Act expressly extended to Jus- ties of the
Peace.
tices of the Peace, save and except that any J justice may
issue a warrant of arrest or search warrant in any case
'11 which and undet the same conditions as a Magistrate
'iiight issue such a warrant; provided always that any
such a v-arrant issued by a Julstice of the Peace shall be re-
tairnable only before a magistrate, and in any case in
which such warrant is issued by a Justice of the Peace
he shall at once forward to the magistrate of the
district the sworn information on which it was, issued;
and provided further that nothing herein contained shall
impose on Justices of the Peace any obligation to exercise
the powers reserved to then by this section.
6. (1) The Island is hereby divided into the magis- Magisterial
trial districts set out and defined in the FirsL Schedul" Districts.
to this Act.
(2) The Governor-in-Executive Committee may
by order increase or decrease the number of magisterial
districts or may vary the extent on boundaries thereof.


7. (11 The governorr may by letter of appointment
signed by the Chief Secreiary. notice whereof shall be
published in the Offir;, ; Gazette, assign one or more
magistrates to each district and may also assign a magis-
trate to several districts.
(2) If more than one magistrate is assigned to a
district or several districts, such magistrates shall have
and exercise concurrent jurisdiction.
8. The places and times for the attendance of
magistrates for the hearing of all cases or matters which
they a'e competent to hear and determine shall be such
as may he prescribed.
9. Where a magistrate is a party to a case or
is unable, from personal interest or for any other sufficient
reason, to adjudicate in any case, the Governor may ap-
point another magistrate to hear and determine such case
or ma,- direct that it be heard by a magistrate of the ad-
:oining district.
10. (1) Every magistrate shall keep or cause to be
kept in the form prescribed, a record of all proceedings
brought in his district.


Appointment
of magistrates
to districts..






Places and
times for sittings
of magistrates'
courts.

Hearing of case
where Magis-
trate interested.




Record of cases.


(2) Such record when signed by the magistrate Record to be
,hall be conclusive evidence of the several watters and evidence.
things therein set forth and contained.
(3) An extract from such record certified under
ile hand of the clerk shall be prima facic evidence of the
contents thereof.
11. The Governor shall appoint from among the Chief Clerks
staff of the magistrate's courts for each district, a chief of Magistrates'
clerk for such district.
12. (1) In every proceeding before a magistrate, the Fees.
ices to be allowed and taken shall be such as may be pre-
,-'ribed:
Provided that until sichl time as provision has been
made under this Act the fees prescribed under any
other enactment, whether or not repealed by this Act,
shall continue to be allowed or taken.








SUPPLEMENT TO OFFICIAL GAZETTE. 14TH JANUARY, 1957.


Clerk to receive
and account
for all fees,
penalties,
forfeitures, etc.


Disposal of
non-pecuniary
forfeitures.






Moneys payable
to Parochial
Treasurer.





Disposition of
unclaimed
moneys.


Issue of sum-
mons to accused
or warrant for
his arrest.


(2) In some conspliicous part of every magis-
trate's court and police station there shall be affixed
a table of such fees.
(3) No such fees shall be taken from any coil-
stable acting as such or from any other public officer in
the public service in his official capacity.
(4) A magistrate may, on the grounds of poverty
( r for any other reasonable cause, remit in whole or in
part any fee payable under this section in any proceedings
before him.
18. (1) it shall be the duty of the clerk to receive
ind duly account for all fees, penalties, forfeitures and
sums of money payable to the court in respect of any
proceedings, conviction, order or adjudication.
(2) The Clerk shall keep an account of all such
fees, penalties, forfeitures and sums of money as afore-
_'aid in such manner, as may be prescribed.
14. Subject to the provisions of any other enactment
to the contrary, anything other than money forfeited
on a conviction by a magistrate or the forfeiture of which
may be enforced by a magistrate shall be sold or other
wise disposed of in such manner as the magistrate may
direct; andt the proceeds shall be applied as if they were
a fine imposed under the enactment on which the pro-
ceedings for the forfeiture are founded.
15. (1) The clerk shall three days after the fifteenth
and last day of each month notify in writing each Paroch-
ial Treasurer concerned of the receipt by himt during the
preceding half month of any sums of money on behalf of
and payable to such Parochial Treasurer on the informa-
tions or complaints of persons other than such Parochial
Treasurer.
(2) Any moneys payable to anyl informant com-
plainant or other person in the hands of the clerk, and
not drawn by such person within three mouths, shall be
paid by the clerk to the Accountant General to an ac-
count to be styled "Magistrates' Courts MIoney Account"
and such moneys shall then only be payable by order of
the magistrate; and all such moneys remaining unclaimed
after six years shall be transferred by the Accountant
General to the general revenue.

PART It CRIMINAL JURISDICTION

16. (1) I pon an information being laid before, a
magistrate of any district that any person has. or is sus-
pected of having committed an offence, the magistrate may.
in al ny of the events mentioned in subsection (2) of this
section.
(a) issue a summons directed to that person
requiring him to appear before the magis-
trate's court for that district to answer to the
information ; or
(h) issue warrant to arrest that person and
bring him before the magistrate's court for
that district or such magistrate's court as is
provided in, subsection (2) of this section.
Provided that the magistrate shall not issue a war-
rant unless the information is in writing and substantiated
on oath.
(2) A magistrate for any district may issue a
summons or warrant under this section-
(a) if the offence was committed or is suspected
to have been committed within the district.







SUPPLEMENT TO OFFICIAL (GAZETTE, 14TII JANUARY, 1957.
PLC MAGISTRATES JUIDITO AND


POLICE MAGISTRATES JURISDICTION AND
PROCEDURE ACT, 1956

ARRANGEMENT OF SECTIONS

Section
S. Short title.
2. Interpretation.

PART I GENERAL

3. Appointment of magistrates and acting magis-
trates.
4. Jurisdiction.
5. Limitation of power of .Justices of the Peace.
6. Magisterial districts.
7. Appointment of magistrates to districts.
8. Places and times for sittings of magistrates'
courts.
9. Hearing of case where magistrate interested.
10. Record of cases.
11. Chief clerk to magistrates' courts.
12. Fees.
13. Clerk to receive an account for all fees, penalties,
forfeitures, etc.
14. Disposal of non-pecuniary forfeitures.
15. Moneys payable to Parochial Treasurer.

PART TI CRIMINAL iJURlII) ACTION

16. Issue of summons to accused or warrant for his
arrest.
17. Jurisdiction to deal with charges.
18 Summary offences, committed within territorial
waters.
19. Summary offences committed on the high seas, etc.
20. Information of nr.-in., etc., on the high seas, etc.
21. (ffences committed on boundaries or on journeys,
or begun in (. ne district and completed in
another.

PART III PRELIMINARY ENQUIR1ES

22. General nature of proceedings before examining
magistrate.
23. Adjournment of an enquiry.
24. Binding over prosecutor and witnesses to attend
trial.
25. )ischarge or committal for trial.
26. Committal for sente(nie.
27. Bail.
28. Proceedings to be sent to Attorney General and
Registrar.
29. Speedy trial of persons committed for sentence.
30. Speedy trial of persons committed for trial.
31. Proceedings may be referred back by the Attor-
nev (General.
32. Proceedings where case referred to magistrate
to be dealt with summarily.
33. Committal after failure to appear before Su-
prellme Court.
34. Deposition of person dangerously ill.

PARlT IV SUMMARY JU.IW S-
DICTION OFFENCES

35. Larceny of goods not exceedling $5() in value.
36. Embezzlement where value does not exceed
$50.







SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.

37. Larceny by clerks or servants.
38. Obtaining property by false pretences.
39. Compound and special larcenies where value
does not exceed $50.
40. Fraudulent misappropriation of property not
exceeding $50.
41. Larceny in vessels in harbour.
42. Increased punishment for second offences.
43. Jurisdiction where value exceeds $50 but not
$100.
44. Possession of property unlawfully obtained.
45. Malicious wounding, etc., where 1no sharp in-
strument is used.
46. Jurisdiction of Supreme Court preserved.


PROCEDURE

47. Procedure on trial.
48. Adjournment of trial.
49. Non-appearance of accused.
50. Non-appearance of prosecutor.
51. Non-appearance of both parties.
52. Effect of dismissal of information for indicta-
ble offence.
53. Using in summary trial evidence given before
examining magistrate.
54. Remand for medical examinations.
55. Application of Mental Health Act, 1951 to per
son charged with summary offence.
56. Restitution of property.
57. Aiders and abettors.
58. Offence charged attempt proved.
59. Conviction for offence involved in offence
charged.
60. Alternative verdict in case of larceny, etc.
61. Consecutive terms of imprisonment.
62. Boys under 16 may be ordered to be whipped
63. Corporations.
64. Service of summons out of time after failure to
prove service by post.
65. Arrest without warrant of persons found com-
mitting certain summary offences.
66. Bail with or without warrant.
67. Return of property taken from accused.
68. Taking fingerprints.
69. Issue of search warrant, and detention or dis-
posal of articles seized thereunder.
70. Construction of references to complaint in. other
enactmellts.


PART V QUASI-CRIMINAL
PROCEDURE

71. Quasi-criminal proceedings to be by way of
complaint.
72. Issmu of summlons or complaint.
73. Jurisdiction to deal with complaints.
74. Procedure on hearing.
75. Examination of witness by court.
76. Adjournment.
77. Non-appearance of defendant.
78. Non-appearance of complainant.
79. Non-appearance of both parties.
80. Periodical payments through clerk.
81. Revocation, variation, etc., of orders for peri-
odical payments.
82. Orders other than for payment of money.







SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.


PART VI SATISFACTION AND
ENFORCEMENT

83. Power to dispense with immediate payment
84. Enforcement of sums adjudged to be paic.

85. Postponement of issue of warrant
86. Defect in distress warrant and irregularity in its
execution.
87. Release from custody adl reduction of detention
on payment.
88. Application of money found on defaulter to satis-
fy sum adjudged.
89. Restriction on power to impose imprisonment on
conviction.
90. Restriction on committal after conviction-Means
enquiry.
91. Power to remit arrears.
92. Provisions of this Part additional to pw:vers under
other enactments.

PART VII SUPPLEMENTAL

93. Summons to witness and warrant for his arrest
94. Evidence on oath.
95. Proof of non-payment of sum adjudged.
96. Onus of proving exceptions etc.
97. Penalty for false statement in declarations
proving service etc.
98. Binding over to keep the peace or be of good
behaviour.
99. Power to bind parties to be of good behaviour
100. Discharge of recognizance to keep the peace or
be of good behaviour on complaint of surety.
101. Warrant endorsed for bail.
102. Varying or dispensing with requirements as to
sureties.
103. Postponement of taking recognizance.
104. Forfeiture of recognizance.
105. Arrest on failure to surrender to bail before a
magistrate.
106. Magistrate to sit in open court.
107. Appearance by counsel or solicitor.
108. Who may lay information or bring complaint.
109. Defect in process.
110. Banning of objection to jurisdiction unless taken
at hearing or wAhen order made.
111. Process valid notwithstanding death, etc., of mag-
istrate.
112. Magistrate's process to run throughout Island.
113. Warrants.
114. Limitation of time.
115. Remand in custody or on bail.
116. Further remand.
117. Cross-informations and complaints.
118. Hearing of two or more informations or com-
plaints at the same time.
119. Power to award costs and enforcement of costs.
120. PParties entitled to copies of proceedings.

PART VIII CONTEMPT OF COURT

121. Offences relating to administration of justice in
proceedings before magistrates.
122. Procedure against offender.
123. Appeal.
124. Cause of committal to be stated.
125. If confirmed, order to be enforced.
126. Protection of officers.
127. Compensation where order quashed.







SUPPLEMENT TO OFFICIAL GAZETTEE, 14TH JANUARY, 1957.


128. MVagistrate not liable to pay compensation.
129. Application of this Part of Act.
130. Right of appeal to Supreme Court.
131. Right of appeal uader former Acts.
132. Notice of appeal to be given.
133. Magistrate to state reasons for decisions.
134. Grounds of appeal to be given.
135. Admissible grounds of appeal.
136. Manner of setting forth grounds of appeal.
137. Recognizance to be entered into.
138. Procedure after notice of appeal given.
139. Where recognizance not entered into.
140. Copy of notice to be sent to respondent.
141. Abandonment of appeal.
142. Where appellant makes default in prosecuting
appeal.
143. Where appellant fails to appear.
144. Where appellant appears.
145. Appeal limited to grounds given in notice.
146. Objections to form of grounds of appeals.
147. Objections to information, complaint, conviction
or order.
148. Defects in proceedings under appeal.
149. Defects in notice of appeal or recognizance.
150 Power of the Court to take evidence.
151. Neglecting or refusing to appear when summoned.
152. Giving of judgment.
153. Enforcing of judgment.
54. CGeneral power of Court as to costs.
155. Costs in abandonment or withdrawal of appeal.
156. Payment of costs.
157. Enforcement of order for costs.
158. Statement of case.
'59. Appeals against decision given before commence-
ment of Act.

PART IX- MISCELLANEOUS

160. Provision for pending proceedings.
161. Rules.
162. Appeal.
163. Consequential amendments.
164. Construction of reference to Police Magistrate
and Petty Debt Judges.
165. Commencement.

SCIIEDITLES

First Schedule Magisterial districts.

Second Schedule Coorporations.

Third Schedule Enactmnents containing mat-
ters to be dealt with 'y
complaint.

Fourth Schedule Maximum periods of im-
prisonment in default of
payment.

Fifth Schedule Repeals


Coinsequiential amendments.


Sixth Schedule







SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.
I- --m --


(b) if it appears to the magistrate necessary or
expedient, with a view to the better adminis-
tration of justice, that the person charged
should be tried jointly with, or in the saml
place as. some other person who is charged
with an offence, and who is in custody, or i,
being or is to be proceeded against within the
district; or
(c) if the person charged resides or is, or is
believed to reside or to be, within the dis-
trict; or
(d) if under any enactme-nt tile magistrate of the
district ha: jurisdiction to try the offence:
Provided that where the offence charged is not an
indictable offence,
(i) a summons shall not be issued by virtue only
of paragraph (c) of this subsection, and
(ii) any warrant issued by virtue of that para-
graph shall require the person charged to be
brought before a magistrate's court having
jurisdiction to try the offence.
(3) Where the offence charged is an indictable
(ftence, a warrant under this section may be issued at
cian time notwithstanding that a summons has previously
been issued.
(4) A warrant may be issued by virtue of para
graph (c) of subsection (2) of this section notwith-
standing that the offence was committed outside the Is-
land if an indictment for the offence may legally I)e
1 referredd in the Island.
(5) Thle provisions of this section shall be dcem-
ed to be in addition to, a4.il not il derogation of, the pro-
visions of any other enactment relating to the issue of a
summons or a warrant by a magistrate.
17 (1) Subject to the provisions of this Act. a mag-
istrate shall have jurisdiction to try all summary offences
committed withiii the district or districts to which he has
been assigned in accordance with the provisions of sec-
tion seven of this Act.
(2) It shall be sufficient to give jurisdiction to
the magistrate or magistrates of any district to state in
the information that the offence was committed within
the particular district.
(3) Where a lprson charged witli a sunnary
offence appears or is brought before a magistrate's court
in answer to a summons issued under paragraph (b) of
subsection (2) of the preceding' section, or under a war-
rant issued under that paragraph, the magistrate shal!
have jurisdiction to try the offence.
(4) A mag istrate shall have jurisdiction as an
examining magistrate over any offence committed by
a person who appears or is brought before him, whether
or not the offence was committed within the district or
districts to which he is now assigned.
(5) A magistrate shall, in exercise of his power-
under sections forty-three or forty-five of this Act, have
jurisdiction to try summarily an indictable offence: in any
case in which under the provisions of the preceding- sub-
section of this section he would have had jurisdiction as
an examining magistrate.
((i) Nothing in this section shall affect any juris-
iiction over offences conferred on a magistrate lby any
ecaetment not contained in this Act.


Jurisdiction
to deal witl
charges.








SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.


Summary offences
committed with-
in territorial
waters.





.IunInm:ry offeuces
onmmiitted on
lie high seas.








Information of
offences, etc., on
the high seas, etc.



















Offences com-
mitted on
boundaries, or
on journeys, or
begun in one
jurisdiction and
completed in
another.


General nature
of proceedings
before examin-
ing magistrate.


16. Where any offence punishable on summary con-
viction is committed in or upon any vessel within the
territorial water.- of tie Island. tihe same may be dealt
with and determined either by the magistrate of the
district adjacent to the territorial waters within which
any such vessel was at the time of the commission of
the offe-nce, or of the district within which such vessel
first arrives after the commission of such offence.
19. Where a-ny person residing or being, or suspected
to reside or be, within the limits of the jurisdiction of
any magistrate, has committed on the high seas, an offence
punishable on summary conviction, it shall be lawful for
tie magistrate of the district within which any vessel or
boat on which such offence shall have been committed shall
first arrive after the commission of the offence to enquire
into, tr- and adjudicate such offence in the same manner
as if the offence had been committed on shore within tile
limits of his jurisdiction.
20. It shall be lawful for any one or more of the
Commissioners for the time being named or to be named
in any conmnission made or granted under or by virtue of
the Act of the forty-sixth year of King, George the Third
for tie mIore speedy trial of offenders in distant parts
beyond the sea, and also for any magistrates, and they
are hereby respectively authorized, empowered and re-
quired from time to time to take any information of any
witness upon oath, which they and each of them are hereby
respectively authorized to administer, touching any
treason, piracy, felony, robbery, murder, conspiracy or
other offence of any kind whatsoever committed upon the
sea or in any haven, river, creek or place where the Ad-
miral hath power, authority or jurisdiction and thereupon,
if any such Commissioner or magistrate shall see cause, by
any warrant under his hand to cause the person or persons
charged in such information to be apprehended and com
emitted to safe custody, to remain in such custody until
discharged by due process of law, or until bailed in eases
in which bail may by law be taken.
21. (1) Where an offence has been conniitted on the
boundary between two or more districts, or within five
hundred yards of such boundary, or in any harbour, river,
arm of the sea or other water lying between two or more
districts, the offence may be treated for the purpose of the
provisions of this Act as having been committed in any of
those districts.
(2) Al offence begun in one district and com-
pleted in another may be treated for the purpose of the
provisions of this Act as having been wholly committed in
either.
(3) Where an offence has been committed on any
person, or on or in respect of any property, in or on ;a
vehicle or vessel engaged on any journey or voyage through
two or more districts, the offence may be treated for the
purposee of the provisions of this Act as having been com-
mitted in any of those districts; and where the side or any
part of a road or any water along which the vehicle or
vessel passed in the course of the journey or voyage forms
the boundary between two or more districts, the offence
may be treated for the purposes of the provisions of this
Act as having been committed in any of those districts.

PART TIT PRELIMINARY ENQTTIRIES

22. (1) An examining magistrate shall not be obliged
to sit in open court.
(2) Evidence given before an examining mag-
istrate shall be given in the presence of the accused; and
the defeine shall be at liberty to put questions to any
v'itness at the enquiry.








SUPPLEMENT TO OFFICIAL, (GAZETTE, 14THI JANUARY, 1957.


23. (1) A magistrate may, before beginning to en-
quire into an offence as examining magistrate, or at any
time during the enquiry, adjourn the hearing, aln if lie
does so shall remand the accused.
(2) The magistrate shall when adjournilng fix
the time and place at which the hearing is to be resumed;
and the time fixed shall be that at nhich the accused is
required to appear or be brought before the court in
pursuance of the remand.
24. (1) The examining magistrate shall bind each
witness examined before him. other tihai the accused atnl
any witness of his merely to his character by a recogniz-
alnce to attend and give evidence Lefore the Supreme
Court: and he shall bind the prosecutor by a recognizance
to prosecute the accused before the Supreme Court.
(2) Where it appears to the magistrate, after
taking into account any representations made by the
accused or prosecutor, that the attendance at the Supreme
Court of any witness examined before him is unnecessary
by reason of any statement by the accused, or of the ac-
cused having admitted before the magistrate the truth of
the charge, or of the evidence of the witness being merely
formal, the court shall-
(a) if the witness has not already been
bound over, bind him over to attend the
Supreme Court conditionally, that is to
say, on notice being given to hint and not
otherwise;
(b) if the witness has already been bound
over, direct that he shall be treated as
having been bound over to attend the
trial conditionally as aforesaid.
(3) A magistrate on committing any person for,
trial shall inform him of his right to require the attendance
at the trial of any witness bound over, or treated as bound
over, conditionally as aforesaid, and of the steps that he
must take for enforcing the attendance.
(4) If any witness on being required to enter
into a recognizance under this section refuses to td so,
the magistrate may commit him to custody until after
the trial of the accused or until ie sooner enter into tlh
recogniizance:
Provided that if the magistrate does not commit
the accused for trial or sentence he shall release the
witness.
25. (1) Subject to the provisions of this and any
other Act relating to the summary trial of indictable
offenices, if a magistrate enquiring into an offence as an
examining magistrate is of opinion, on consideration of the
evidence and of any statement of the accused, that there
is sufficient evidence to put the accused upon trial by jury
for anyiv indictable offence, the magistrate shall commit
him for trial; and if he is not oW that opinion, he shall, if
he is in custody for no other offence than the offence under
enquiry, discharge him.
(2) The magistrate may commit a person fo'
trial-
(a) in custody, that is to say, by committing
him to custody there to be safely kept
until delivered by due course of law; or
(b) subject to the provisions of section twen-
tv-seven of this Act, on bail, that is to
say, by taking from him a recognizance,
with or without sureties, conditioned for
his appearance at the time and place of
trial,


Adjournment
of 11 enquiry.








finding over
prosecutor nnd
witnesses to
attend trial.


Discharge or
cominittal for
trial.








SUPPLEMENT TO OFFICIAL GAZETTE, 14TI1 JANUARY, 1957.


Commnittal for
senltencce.





Bail.














Proceedings to
he sent to
Attorney General
and Registrar.

Speedy trial of
persons commit-
ted for sentence.

Act 1950-28.
















Speedy trial of
persons conumit-
ted for trial.


and may instead of taking recognizances in accordance
with paragraph (b) of this subsection, fix the amount of
the recognizances with a view to their being taken subse-
quently in accordance with the provisions of section one
hundred and three of this Act, and in the meantime coim-
mit the accused to custody in accordance with paragraph
(a) of this subsection.
(3) Where the magistrate has committed a person
to custody in accordanee with paragraph (a) of subsection
(2) of this section, then if that person is in custody for!
no other cause, the magistrate may, at any time before the
first sitting of the Supreme Court before which he. is to
le tried, release him on his entering into such a recogniz-
ance as is mentioned in paragraph (b,) of the said sub-
section (2).
26. Except where the charge is one of treason or
murder, if an accused person in any statement by him
to the magistrate says or admits that he is guilty of the
charge, then the magistrate shall commit him for sentence
and the provisions of subsections (2) and (3) of the pre-
ceding section shall have effect.
27. (1) A person charged with any treason shall
not be admitted to bail except by order of the Governor
or a judge of the Supreme Court.
(2) Where a person is charged with any felony
other than murder the magistrate may, if he thinks fit,
admit him to bail.
(3) Where a person is charged with any offence
-other than those mentioned in the last two preceding
subsections, the magistrate shall admit him to bail, unless
there is evidence sworn before the magistrate that, the
accused person either intends or is likely to leave the
Island, or by any other means evade trial, or unless such
person shall have previously been convicted of a felony.
28. A magistrate who commits a person for trial
or sentence shall, within such time as may be pre-
seribed, to transmit to the Attorney General and the Regis-
trar the prescribed documents.
2!). (1) Where a person has been committed for
sentence and an indictment against him has been pre-
ferred and signed in accordance with the provisions
of the Abolition of Grand Juries Act, 1950, he shall
appear or le brought before the Supreime Court, at
such tine as the Registrar fixes, to plead to the indict-
lment.
2) If the accused fails to appear at the
Suprecne Court to plead to the indictment against him,
the Court may, on proof that he was served with notice
in the prescribed manner, issue a warrant for his arrest.
(3) Where an accused appears or is brought
before the Supreme Cturt pursuant to the provisions of
this section and enters a plea other than that of guilty,
(r where he pleads guilty but the Court is satisfied, from
examination of the depositions, that some other pica
.should be entered, the Court shall commit the accused
for trial at the next sitting of the Court for the trial
of criminal cases, either in custody or on bail.
30. Where a person who has been committed for
trial wishes to plead guilty and be sentenced before lth
next sitting of the Supreme Court for trial of criminal
cases, he may serve a notice, of his intention to plead
guilty upon the Registrar and thereupon the provisions
of the pre:*eding section shall apply as if the person
had been committed for sentence.







SUPPLEMENT TO OFFICIAL (L\ZETTE, 14TII JANUARY, 1957.


31. If after the receipt of the prescribed docu-
ments the Attorney General is of opinion that the accused
person should not have been committed for trial or for
sentence but that the case should have been dismissed.
;r, where the offence is by law triable sununarily, that
it should have been dealt with summarily, the Attorney
General may if he thinks fit refer back the case to the
magistrate with directions to deal with it accordingly.
32. When the Attorney General directs that a case
shall be dealt with summarily, the following provisions
shall have effect, namely:--
(a) Where the accused person is in custody,
the magistrate may, by an order in writing, direct the
keeper of the prison where the accused is confined to,
convey him to the place where such proceedings are to
bf held.
(b) Where the accused person is oi bail,' the
magistrate shall issue a snnnoulois for his attendance.
(c) Where the accused person is before the
magistrate the proceedings shall be continued in accor-
dance with the provisions of this Act.
33. (1) If any person against whom an indictment
has been preferred in accordance with the provisions
of section two of the Abolition of G;rand Juries Act,
1950, does not appear at the opening day of the sitting
of the Court at which the indictment is to be tried, the
Registrar may, on application being made to him by or
on 'behalf of the prosecutor, grant the prosecutor a cer-
tificate of the signing of the indictment.
(2) A magistrate of any district in which any
offence is charged in the indictment as having been com-
mitted or in which the accused resides or is, or is believed
to reside or to be, shall on production to him of a cer-
tificate granted under the preceding subsection, issue a
warrant to arrest the accused and bring him before a
magistrate for that district.
Provided that, if it is proved on oath that the
accused is in prison or other place of detention, the
magistrate shall in the absence of the accused commit
him for trial.
(3) On its bqing proved on oath to the
satisfaction of any magistrate before whom a person is
brought in pursuance of a warrant under this section
t1iat he is the person named in the indictment, the
magistratee shall without further enquiry commit him
for trial.
(4) Subject to the preceding provisions of
tlins section, the provisions of this Act relating to com-
mittal for trial shall apply to the committal of a person
under this section as they apply to the committal of a
person by an examining magistrate.
34. (1) Where a person appears to a magistrate
to be able and willing to give material information
relating to an indictable offence or to any person accused
of an indictable offence, and
(a) the magistrate is satisfied, on a represen-
tation made by a registered medical prac-
titioner, that the person able and willing
to make the statement is dangerously ill
and unlikely to recover; and
(b) it is not practicable for tile examining
magistrate to take the evidence of the sick
person in accordance with the provisions of
this Act and the rules;
the magistrate may lake in writing the deposition of
the sick person on oath.


Proceedings may
be referred back
by Attorney
General.





Procedure whlen
case referred to
magistrate to
he dealt with
sin111lll rily.


Committal nfter
failure to appear
before Supreme
Court Act
195o- 28.


Deposition of
person danger-
ously ill.








SUPPLEMENT TO OFFICIAL GAZETTE, 14T1 JANUARIY, 1957.

(2) A deposition taken under this section may
be given in evidence before an examining magistrate en-
quiring into an information against the offender or in
respect of the offence to which the deposition relates,
and, if the offender or any person be committed foi
trial in respect of the offence, at the trial of such
offender or person, but subject to such conditions as
may be prescribed.

PART IV-SUMMARY JURISDICTION
OFFENCES


Larceny of goods
not exceeding
$50 in value.




Receipt of
stolen goods
not exceeding
$50 in value.




Larceny by
a bailee.








Embezzlement
when value does
not exceed $50.


Larceny by
clerks or
servants.







Obtaining pro-
perty )by false
pretences.


35. (1) It any person shall steal any goods, chattels
or property of any kind whatever, and the value thereof
nsiall not exceed fifty dollars, every such offender, being
convicted thereof before a magistrate, shall be committed
to prison, there to be kept for any term not exceeding
six months, or shall be ordered to pay a fine not exceed-
ing one hundred dollars.
(2) Whosoever shall receive any goods, chattels
or property of alny kind the value of which shall not
exceed fifty dollars, knowing the same to have been un-
lawfully come by, shall, on conviction thereof before a
magistrate, be liable for1 such offence to be imprisoned,
for any- term not exceeding six months, or to pay a fine
not exceeding one hundred dollars.
(3) Whosoever being a bailee of any chatted,
money or valuable security, the value or amount whereof
shall not exceed fifty dollars, shall fraudulently take or
convert the same to his own use or the use of any person
other than the owner thereof, although he shall not break
bulk or otherwise determine the bailment, shall on con-
viction thereof before a magistrate, be liable for such
offence to be imprisoned for any term not exceeding six
months or to pay a fine not exceeding one hundred dollars.
36. Whosoever, being a clerk or servant, or being
employed for the purpose or in the capacity of a clerk or
servant, shall fraudulently embezzle any chattel, money
or valuable security, the value whereof shall not exceed
fifty dollars, which shall be delivered to or received or
taken into possession by him for or in the name or on
account of his master or employer, or any part thereof,
shall be deemed to have stolen the same from his master
or employer, although such chattel, money or security was
not received into the possession of such master or employer
otherwise than by the actual pissseision of his clerk, ser-
vant or other person so employed and being convicted
thereof before a magistrate shall be liable to be imprison-
ed for any term not exceeding six months, or to pay a
fine not exceeding one hundred dollars.

37. Whosoever, being a clerk or servant, or being
emplloyed for the purpose or in the capacity of a clerk
cr servant, shall steal any chattel, money or valuable.
s(.c.irity belonging to or in the possession or power of
his master or employer, the value whereof shall not exceed
fifty dollars, every such offender bling convicted thereof
before a magistrate shall be liable to be imprisoned for
any term not exceeding six months, or to pay a fine not
exceeding one hundred dollars.
38. (1) Whosoever shall by any false pretence
obtain from any other person any chattel, money or valu-
able security, with intent to defraud, the value whereof
shall not exceed fifty dollars every such offender being
convicted thereof before a magistrate, shall be liable to
be imprisoned for any term not exceeding six months, or
to pay a fine not exceeding one hundred dollars.








SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.


(2) Whosoever shall by any false pretence cause
or procure any money to be paid or any chattel or valu-
able security to be delivered to any other person, the
value of such money, chattel or valuable security not
exceeding fifty dollars, for the use or benefit or on account
cf the person making such false pretence, or of any other
person, with intent to defraud, shall be deemed to have
obtained d such money, chattel or valuable security within
1.1, meaning of the preceding subsection.
39. If any person shall be brought before any
magitrate charged with either of the following offences,
uiat is to say:-
(a) stealing any bull, cow, ox, heifer, calf, ass,
ram, ewe, sheep, lamb, goat, kid or hog, or
with receiving tile same knowing it to have
been stolen;
(b) robbing any person or stealing any chattel,
money or valuable security, from the person
of another, or with receiving any chattel,
money *or valuable security, knowing the same
to have been robbed or stolen from the per-
son of another,
ally such magistrate before whom any such person shall
be brought as aforesaid charged with either of the offences
hereinbefore named shall have power and is hereby autho-
rised to try and determine the said charge, if it bt
proved by the evidence adduced before tie said magistrate
that the value of the goods and chattels charged in tile
said offence as having been stolen or received does not
exceed in value fifty dollars and the person so convicted
thereof before such magistrate shall be liable to be iim
prisoned for any term not exceeding six months, or to pav
a finel not exceeding one hundred dollars.


Procuring de-
livery to other
persons by false
pretences.






Coipound and
special larcenies
where value does
not ex(ceed $50.


40. (1) Whosoever- Fraudulent
(a) being entrusted, either solely or jointly .misappropriation
with any other person, wit property, pe ty ot
other person, with any l)roperty, exceeding $50.
the value of which does not exceed fifty
dollars, in order that he may retain in safe
custody or apply, pay or deliver for aily
purpose or to any person the property or
any part thereof or any proceeds thereof; or
(b) having either solely or jointly with any
other person received any property, the
value of which does not exceed fifty dollars,
for or on account of any other person,
fraudulently converts to his own use or benefit or tle
use or benefit of any other person, the property or any
part thereof or any proceeds thereof, shall be liable, on
sumnlmary conviction thereof, to be imprisoned for any
term not exceeding six months or to pay a fine not ex-
cc(eding one hundred dollars.
(2) Nothing in this section shall apply to or
affect any trustee or any express trust created by deed
or will, or any mortgagee of any property real or per-
sonal in respect of any act done by the trustee or 'mort-
gagee in relation to the property comprised in or affect-
ed by any such trust or mortgage.
41. If any person shall be brought before a magis- Larceny in
trate charged with stealing any goods or merchandise" vessels in
in any vessel, barge, or boat of any description whatever harbour.
in any haven or in any port of entry or discharge, or iin
the place commonly called or known as the Careenage
or in the river joining the li oii same, or ien any creek or basil
belonging to or comminiicating with any such haven,
port, or Careenage, or river, or charged with stealing
any goods or merchandise from any dock. wharf or quay








SUPPLEMENT TO OFFICIALL GAZETTE, 14TH JANUARY, 1957.


In reasel(
punishment
for second
offence.






Jurisdiction
where value
exceeds $50
hut not $100




























Possession of
property unlaw-
fully obtained.






Malicious
wounding, etc..
where no sharp
instruments
is used.


adjacent to any such haven, port, Careenage, or river,
creek or baski, such magistrate shall have power and he
is hereby authorized to try and determine the said charge,
and such person so convicted thereof before such mag-
istrate shall be liable to be imprisoned for any term
not exceeding six months or to pay a fine not exceed-
ing one hundred dollars.
42. Any person who is sunmmarily convicted of ai
offence against any of the preceding sections of this Part
of this Act or who is convicted oi indictment of an of-
fence the same as or similar to any of the offences con-
tained in the said preceding sections, and is subsequent-
ly convicted of an offence against the same or any other
of the said sections, shall, instead of the term provided
therein, be liable to be imprisoned for a term not exceed-
ing twelve months.
43. If on the enquiry by a magistrate into any of
tlhe offences provided for iqn the preceding sections of
this Part of this Act it be proved in the opinion of
the magistrate that the _moneys, goods or chattels, which
might be the subject of any charge or information, al-
though proved to be over the value of fifty dollars do
not exceed o.e hundred dollars, then and in every such
case the magistrate shall address the person standing
charged before him as aforesaid in the words or to the
effect following :-"Do you desire to be tried by a jury at
the next sitting of the Supreme Court and object to the
ease being dealt with by me summarily, or are you
willing that I shall try and determine the case?" And
if the person so charged does not object, but consents to
the magistrate trying and determining the case, then the
said magistrate shall record on the face of the proceed-
ings such consent by the person charged that the said
magistrate shall try and determine the case, and in the
event of the person being convicted thereof by such
magistrate, he shall be liable to be imprisoned for any
term not exceeding twelve months, or to pay a fine not
exceeding one hundred dollars:
Provided that a person who is convicted under the
provisions of this section, after having been previously
so convicted or after having been convicted on indict-
ment of an offence the same as or similar to a.ny of the
offences contained in the preceding subsections of this
Part of this Act, shall be liable to be imprisoned for a
term not exceeding two years.
44. Every person who shall be brought before a
magistrate charged witli having in his possession or con-
veying' iqi any manner anything which may be reason-
ably suspected of being stolen or unlawfully obtained,
and who shall not giv,; an account to the satisfaction
of such magistrate as to how he came by the same, shall
lhe liable to be imprisoned for a terni not exceeding two
months or to pay a fine not exceeding fifty dollars.
45. (1 I f any person shall be brought before any
magistrate charged with unlawful. and malicionsl
wounding or inflicting any bodily harm whatsoever upon
any other person, such magistrate shall have power and
he is hereby authorized to try and determine the said
charge if it be proved by the evidence that such wound
was not inflicted or harm occasioned by use of a knife,
razor, or other sharp or pointed instrument, and such
person so convicted thereof before such magistrate shall
no liable to be imprisoned and kept to hard labour for any
term not exceeding six months, or to pay a fine not ex-
ceeding fifty dollars; provided that where such wound
was inflicted, or harm occasioned, by the use of a knife.








SUPPLEMENT TO OFFICIAL GAZETTE, 14THI JANUARY. 1957.

razor, or other sharp or pointed instrument, but is, in
the opinion of the magistrate, not of a serious nature,
the magistrate may with the consent of the person stand-
ing charged proceed to hear and determine the ease after
having addressed to the person standing charged the
question prescribed by and otherwise complied with the
requirements of section forty-thIree; and in event of tlhe
person standing charged being convicted thereof by
suchl magistrate he shall be liable to be imprisoned and
kept at hard labour for any term not exceeding six
months or to pay a fine not exceeding fifty dollars.
(2) The certificate of a registered medical
practitioner that such wound was or was not inflicted
or that such harm was or was not occasioned by the
use of a knife, razor or other sharp or pointed instru-
ment, shall be received by the magistrate and shall be
prima face evidence at the enquiry or trial before hint of
the facts therein stated:
Provided that the magistrate may, and if required by
the accused shall, summon the person who gave the cer-
tificate to attend and give evidence.
46. Nothing in this Part of this Act contained shall Jurisdiction of
to Suprente Court
be deemed to take from the Supreme Court ainy power, preserved.
authority or jurisdiction whatsoever over offences punish-
able under this Act.

PROC ED I1) E

47. (1) On the summary trial of an information, Procedure of
tle magistrate shall, if the accused appears, state to him trial.
the substance of the information and ask him whether he
pleads guilty or not.
(2) The magistrate, after hearing the evidence
and the parties, shall convict the accused or dismiss the
information.
(3) If the accused pleads guilty, the magistrate
may convict him without hearing evidence.
48. (1) A magistrate may at any time, whether Adjournment
before or after beginning to try acn information, adjourn of trial.
the trial.
(2) The magistrate may, when adjourning,
either fix the time and place at which the trial is to be
resumed, or, unless he remands the accused leave the time
and place to be determined later by him; but the trial shall
not be resumed at that time and place unless the magistrate
is satisfied that the parties have had adequate notice
thereof.
(3) A magistrate may, for the purpose of
enabling enquiries to be made or of determining the most
'suitable method of dealing with the case, exercise his
power to adjourn after convicting the accused and before
,sentencing him or otherwise dealing with him; but if
he does so, the adjournment shall not be for more
than three weeks at a time.
(4) On adjourning th,- trial of an information,
the magistrate mlay remand the accused and, where the
accused has attained the age of sixteen, shall do so if-
(a) the offence is not a summary one; or
(b) the magistrate has proceeded under the
provisions of sections forty-three or
forty-five of this Act to summary trial
after having begun to enquire into the
information as an examining magistrate;







SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.


Non-appearance
of accused.


Non-appearance
of prosecutor.











Non-appear-
ance of both
parties.



Effect of dis-
missal of in-
formation for
indictable
offence.

Using in sum-
mary trial evi-
dence given
before examining
magistrate.


and, where the magistrate remands the accused, the time
fixed for the resumption of the trial shall be that at which
he is required to appear or be brought before the magis-
trate in pursuance of the remand.
49. (1) Where at the time and place appointed for
the trial or adjourned trial of an information the pro-e-
cutor appears but the accused does not, the magistrate
may, subject to subsection (3) of this section, proceed in
'his absence.
(2) Where the magistrate, instead of proceeding
in the absence of the accused, adjourns or further ad-
journs the trial, the magistrate may, if the information
has been substantiated on oath, and subject to subsection
(3) of this section,' issue a warrant for his arrest:
Prov-ided that -
where the accused fails to appear at
an adjourned trial, the magistrate shall
not issue a warrant under this section
unless he is satisfied that. the accused
has had adequate notice of the time and
place of the adjourned trial; and
(b) where the magistrate adjourns the
trial after having received any evidence,
either on that or a previous occasion, the
magistrate shall not issue a warrant un-
der this section unless he thinks it unde-
sirable, by reason of the gravity of the
offence, to continue the trial in the
absence of the accused.
(3) Where a siniiiions has been issued, the
magistrate shall not begin to try the information in the
absence of the accused or issue a warrant under this section
unless either it is proved to the satisfaction of the magis-
trate, on oath, or in such other manner as may be prescrib-
ed, that the summons was served on the accused within
what appears to the magistrate to be a reasonable time
before the trial or adjourned trial or the accused has
appeared on a previous occasion to answer to the inforima-
tion.
50. (1) Where at the time and place appointed, for
the trial or adjourned trial of an information, the accused
appears or is brought before the magistrate and the prose.
cutor does not appear the magistrate may dismiss the
information, or, if evidence has been received on a previous
occasion, proceed in the absence of the prosecutor.
(2) Where instead of dismissing the information
or proceeding in the absence of the prosecutor, the magis-
trate adjourns the trial, he shall not remand the accused
in custody unless he has been brought from custody or
cannot be remanded on bail by reason of his failure to enter
into a recognizance or to find sureties.
51. Where at the time and place appointed for the
trial or adjourned trial of an information neither the
prosecutor nor the accused appears, the magistrate may
dismiss the information or, if evidence has been given on
a previous occasion, proceed in their absence.
52. Where on the summary trial of an information
for an offence that would, but for the provisions of this
Act, be punishable on conviction on indictment only, the
magistrate dismisses the information, the dismissal shall
have the same effect as an acquittal on indictment.
53. Where under the provisions of sections forty-
three or forty-five of this Act a magistrate, having begun
to enquire into an information as an examining magistrate,
proceeds to try the information summarily, any evidence
already given before him shall be deemed to have been
given in and for the purposes of the summary trial.







SUPPLEMENT TO OFFICIAL GAZETTEE 14TH JANUARY, 1957.

54. (1) If, on the trial by a magistrate of an offt'ee Remand for
punishable on summary conviction with impriso,::nent, tahe naedical
magistrate is satisfied that the offence has been committed
by the accused, but is of opinion that an enquiry ought
to be made into his physical or mental condition befor-
the method of dealing with him is determined the magis-
trate shall adjourn the case to enable a medical examina-
tion and report to be made and shall remand hi, ; but tle
adjournment shall not be for more than three weeks at
a time.
(2) Where on such an adjournment as aoresaid
thle accused is remanded on bail, it shall be a condition of
the recognizance that he shall undergo medical examinia-
tion by a registered medical practitioner at. 'uch institu-
tion or place as may be specified in the recognizance or by
nuch registered medical practitioner as may be so specified:
and if arrangements have been made for the reception
of the accused, it may be a condition of the recognizaMnc
that he shall, for the purpose of the examination, reside,
for such period as may be specified in the recognizance, in
an institution or place so sp cified not being an institution
or place to which he could have been committed.
(3) Where a magistrate ou committing any
person for trial on bail is of opinion that an enquiry ought
to be inrde as aforesaid, ho may make it a condition of
the recoo'nizance taken for the purpose of the acensed's
committal, but subject to the condition for his appear-
ance, that he shall undergo medical examination or shall
reside as aforesaid.
55. Where a person is charged before a magistrate Application of
with an act or omission as an offence punishable on sum- Mental Health
cary conviction, and the magistrate- 1rsos charged
(a) is satisfied tha hlie did the act or made the "ith summary
omission charged, and
(b) is of opinion that an enquiiry should be held
into the state of mind of the person charged.


he may Droceed to hold an enquiry in accordance with the.
provisions of section six of tihe Mental Ilealtl Act. 1!)51,
and may, upon such enquiry, instead of dealing with
the person charged in any other manner. direct that the,
provisions of section sever of the Mental Health Act.
1951, shall have effect.
56. Where any person has been situtimlarily con-
victed under this Act of an offence that is also an offence
triable on indictment, the magistrate may make the lil:'
order for the restitution of property as wighlt have bhen
made by the court before vl which the offender would have
been tried on indictment.


Act 1951-24.




Restitution of
property.


57. (1) A person who aids, abets. counsels or Aiders and
irocures the commission by another person of a summary ahettors.
offence shall be guilty of the like offence and may b,
tried (whether or not he is charged as a principal) either
Ly a magistrate having jurisdiction to try that other
person or by a magistrate having, by virtue of the offence
of the first above-mentioned person, jurisdiction to try
him.
(2) A subsequent conviction of a person as an
aider or abettor who has been previously convicted as a
principal offender or as an aider or abettor or vice versa
shall have the same effect as a subsequent conviction as :
principal offender.


58. (1) Where the complete commission of the
offence charged is not proved, but the evidence establishes
an attempt to commit the offence, the accused may 1'e
convicted of such an attempt and punished accordingly:


Offence
charged-
attempt proved.







SUPPLEMENT TO OFFICIAL GAZETTEE, 14THI JANUARY, 1957.


Attempt charged
full offence
proved


Conviction for
!offence involved
in offence
charged.





Alternative
verdicts in
cases of larceny,
etc.
Embezzlement,
etc., charged -
larceny proved.






Larceny charged
- embezzlement,
etc., proved.










"Receiving"
charged -
"Larceny or
conveying"
proved.







Larceny
charged -
Larceny or
receiving
proved.


Provided that, after conviction for such an
attempt, the accused shall not be liable to be prosecuted
again for the same offence which he was charged with
comnnitting.
(2) Where an attempt to commit an offence is
charged, but the evidence establishes the commission of
the full offence, the accused shall not be entitled to have
the information dismissed, but he may be convicted of the
attempt and punished accordingly:
Provided that, after conviction tor such an
attempt, the accused shall not be liable to be prosecuted
again for the offence which he was charged with attempt-
ing to commit.
59. Every information shall be deemed divisible;
and if the commission of the offence charged, as described
in the enactment creating the offence or as charged in
Ihe information, includes the commission of any other
offence, the accused may be convicted of any offence sj
included which is proved, although the whole information
charged is not proved, or he may be convicted of an
attempt to connnit any offence so included.
60. (1) On the summary trial of any information-


(a) Where embezzlement or the fraudulent
conversion of anything is charged, and
the evidence establishes the concussion
of the offence of larceny of any kind, the
accused sh ll not be entitled to have the
information dismissed, out he may et
convicted o' such offence of larceny and
punished accordingly.
(b) Where larceny of any kind is charged
and the evidence establishes the coin-
mission of any of the offences- of em-
bezzlement, fraudulent conversion of
anything, or the receiving of any
property knowing the same to have
been stolen, the accused shall not be
entitled to have the information dis-
missed, but he may be convicted of such
offence of embezzlement, fraudulent
conversion or receiving and punished
accordingly.
(e) Where th" receiving of any property
knowing the same to have been stolen
is charged and the evidence establishes
the commission of the offence of larceny
of any kind or of an offence against
section forty-four of this Act, the accused
shall not be entitled to have the infor-
mation dismissed but he may be con-
victed of the offence the commission of
which th. evidence establishes and
punished accordingly.
(d) Where larceny of any kind is charged
and the evidence establishes the com-
mission of the offence of obtaining any
chattel, money or valuable security by
false pretence.s, or where obtaining any
chattel, money or valuable security by
false pretences is charged and the evi-
dence establishes the commission of the
offen:ce of larceny of any kind, the
accused shall not be entitled to have
the information dismissed but may be
convicted of the offence the ecnmnission
of which 1he evidence establishes and
punished accordingly.







SUIP'PLEMENT TO OFFIICIALi (GAZETTE, 14T11 JANUARY, 1957.

(e ) Where a person is charged with larceny Larceny as
as a clerk or servant or ;s a person el- clerk, etc.,
charged -
ployed for te purpose o i the capacity simple larceny
of a clerk or servant, and the evidence proved.
establishes the commission of the
offence of simple larceny aoy, the
accused shall not he entitled to have the
information dismissed but he may be
convicted of simple larceny andi piunish-
ed accordingly.
(f) Where a person is charged wnnh simple Simple larceny
larceny anl the evidence establishes the lcarged -
commission of the offence cf larceny as clerk, etc"s
a clerk or servant or as a person ect- proved.
played for the purpose or in the capa-
city of a clerk or servant, the accused
shall not le entitled to have the in.
formation dismissed but he may bh
convicted of the offence the commission
of which the evidence establishes and
punished accordingly.
(2) No person so convicted of any one of tie convictionn to
offences mentioned in the preceding subsection shall be be for one
liable to be afterwards prosecuted for any other of til offence only.
i.aid o.'. n. .-, upon the same facts.
61. (1) A magistrate imposing imprisonment oil Consecutive
any person may order that the term of imprisonment shall terms of
(ontlmence at the expiration of any other term of imprms- imprisonment.
onment imposed by him or by any other magistrate or
court; but when a magistrate imposes two or more terms
of imprisonment to run consecutively, the aggregate of
such terms shall not, subject to the provisions of this
section, exceed twelve months.
(2) If two or more of the terms imposed by the
r.agistrate are imposed in icspect of offences tried sum-
marily in accordance with the provisions of sections
forty-three or forty-five of 1his Act, the aggregate of the
terms so imposed and any other terms imposed by the
magistrate may exceed twelve months but shall not,
subject to the following provisions of this section exceed
"wo years.
(3) The limitations imposed by the preceding
subsections shall not operate, to reduce tlhe aggregate of
the terms that the magistrate may impose in respect of anH
offences below the term w'hi( i the magistrate has power
to impose in respect of any one of those offenc(es.
(4) Where a person has been sentenced by a
magistrate to imprisonment and a fine for the same
effence, a period of imprisonment imposed for non-pay-
ment of the fine, or for want of sufficient distress to
satisfy the fine, shall not he subject to '.he iimitatioi.s
imllosed by the preceding subsections.
(5) For the purposes of this section, a term of
imprisonment shall be deemed to be imposed in respect of
an offence if it is imposed as a sentence or in default of
payment of a sum adjudge:. to be paid by the coinvictic~
or for want of sufficient distress to satisfy such a sum.
62. Where any boy, who in the opinion of their
magistrate is under the ag- of sixteen years bnt abo\re loys under kli
-118v be(. ordered
the ane of seven years and of sufficient ('alacity to commit to "be -hipped.
crime, shall be convicted of an offence punishable upon
summaryy conviction, the magistrate may, in his discretion,
in lieu or addition to any punishment to which he may
l'e subject, sentence him to be privately whipped by a
member of the Police Force in the presence of a registered
medical practitioner and a sergeant of police with a








SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 195i7.


('r'porations.


Service of
Sinniions out
of time after
failure to
prove service
by post.









Arrest without
warrant of per-
son found com-
mitting certain
suiniuiiry
offences.






















Bail on arrest
without war-
rant.












Act 1932-8.





Return of
property taken
from accused.


tamarind or other similar rod, with not more than twelve
strokes. The parent or guardian of such boy shall be
allowed to be present at such whipping if lie so desires.
63. The provisions of the Second Schedule to tills
Act shall have effect whhere a croroation is changed with
an offence before a magistrate.
64. Where any enactment requires, expressly or by
implication, that a sumiimonis in respect of ian offence, shall
be issued or served within a specified period after the
commission of an offence, and service of tie summons way
Under the rules be effected 1i the post, then, if under the
rules service of the summoniolis is lnot treated as proved,
but it is shown that a letter containing the sumnons was
posted at such time as to enable it to be delivered in
the ordinary course of post within that period, a second
summons may be issued on the same information: and the
enactment shall have effect, in relation to that summons,
,.s if the specified period were a period running from the
return day of the original summons.
6(. Any person found committing an offence pun-
ishable on summary conviction under or by virtue of the
provisions of this Part of this Act may be taken into
custody without a warrant by any police or parish con
stable, or may be apprehended by the owner of tlhi
property on or with respect to which the offence shall !b.:
committed, or by his servant, or by anly person authorized
by him, and may be detained until he can he delivered
into the custody of a police or parish constable to be deait
with according to la.w, and every such police or parish
constable may also stop, search, and detain aIny vessel,
boat, cart, or carriage, in or upon which there shall be
reason to suspect that any thing stolen or unlawfully
obtained may be found, alnd also any person: who ma
be reasonably suspected of having or conveying in alyv
manner anything stolen or unlawfully obtained; and any
person to whom any property shall be offered to be
sold, pawned, or delivered, if he shall have reasonable
cause to suspect that any such offence has been commniitted
with respect to such property, or that the same or any
part thereof has been stolen, or otherwise unlawfully ob-
taineld. is hereby authorized ro apprehend and detain, and
as soon as may be, to deliver such offender into the custody
of a police or parish constable, together with such
property, to be dealt with according to law.
66. (1) (hi a person's being taken into custody for
aii, offeince without a warrant, a police officer lot below
the rank of sergeant, or the police officer in charge of the
policee station to which the person is brought, may, and if
it will not be practicable to bring him before a magistrate
within twenuty-four hours after his being taken into cus-
tody, shall enlquire into the case and unless the offence
apl)pears to the officer to be a, serious one, release him on
his e(nerinll into recognizalnce, with or without sureties.
for a reasonable alnolunt, conditioned for his appearance
before a magistrate at the time and place 1 mied in tile
recog-'llance.
The provisions of this subsection shall not affect the
provision of section four of thee Juvenile offenderss Act,
1932 wlwhich relates to the release on bail of persons under
sixteen ).
(2) Where a person is taken into custody for an
offence without a warrant and is retained in custody, lie
shall be brought before a magistrate as soon as practicable.
67. Where a sumnllnlis or warrant has been issued
requiring any person to appeal r or be brought before a
magistrate to answer to an information, or where alm
person has been arrested, or where any person has been







SUPPLEMENT TO OFFICIAL (GAZETTE, 14THI JANUARY, 1957.


arrested without a warrant for an offence, and property has
been taken from him after the issue of the summons or.
warrant or, as the ease may be, on or after his arrest with-
out a warrant, the police shall report the taking of
tlie property, with particulars of the property, to the
magistrate who deals wilh the case; and if the magistrate,
being of opinion that the whole or any part of the propertye
can be returned to the accused consistently with the in-
terest of justice and tle safe custody of the accused, so
directs, the property or such nart of it as the magistrate
directs, shall be returned to the accused or to such other
person as he may require.
68. (1) Where any personn not less than sixteen makingg finger-
years old who ha- been taken into custody is charged 1'rimts.
with an offence before a magistrate, the magistrate may,
if he thinks fit, and if the offence appears to him to be
of a serious nature, on the application of a police officer
not below the rank of inspector, order the fingerprints of
Ihat person to be taken by a constable.
(2) Fingerprints -aken in pursuance of ian ordcr
under this section shall be taken either at the place where
the magistrate is sitting or, if the person to whom the order
relates is remanded in custody, at any place to which he
is committed; and a constable may use such reasonable
force as may be necessary for that purpose.
(3) The provisions of this section shall be in
addition to those of any other enactment under which
fingerprints may be taken.
(4) Where the fingerprints of any person have
been taken in pursuance of an order under this section,
then, if he is acquitted, or the examiinng magistrate
determines lnot to commit him for trial, or if the informa-
tion against him is dismissed, 1he fingerprints and all
copies and records of them shall be destroyed.
69. (1) Any magistrate, who is satisfied by proof Issue of search
vWrratits attd
upon oath that there is reasonable ground for believing detention or
that there is in any building, ship, boat, vehicle, box, disposal of
receptacle or place- articles seized
thereunder.
(a) anything upon or in respect of which
any offence has been or is suspected to
have been committed for which the
offender may be arrested without war-
rant ; or
(b) anything which there is reasonable
ground for believing will afford evidence
as to the commission of any such
offence; or
(c) anything which there is reasonable
ground for believing is intended to be
used for the purpose of committing any
offence against Ihe person for which the
offender may be arrested without
warrant,
may at any time issue a warrant under his hand author-
ising some police or parish or island constable named
therein to search such building, ship, boat, vehicle, box,
receptacle or place, for any such thing, and to seize and
carry it before the magistrate issuing the warrant, or
some other magistrate to be by him dealt with according
to law.
(2) Every search warrant may be issued and
executed on a Sunday, and shall be executed between
the hours of five o'clock in the morning and eight o'clock
at night; provided, however, that the magistrate, in his
discretion, may, by the warrant, authorise the constable
to execute it at any hour.







SUPPLEMENT TO OFF'IIlAL GAZETTE. 14TII JANUAfRY, 1957.

(3) When any such thing is seized and brought
before any magistrate, he may detain or cause it to be
detained, taking reasonable care that it he preserved
until the conclusion of the enquiry or of the case according
as the charge is for an indictable offence or for an offence
triable summarily; and if any person is committed for
trial or sentence or any appeal is made, he may order it
to be further detained for the purpose of evidence on
the trial or on the hearing of the appeal or pending the
appeal. If no person is commnilted or if no appeal is
made, the magistrate shall direct silch thing to be restored
to the person from whom it was taken except in the cases
hereinafter mentioned, unless he is authorised or required
by law to dispose of it otherwise
(4) If under any such warrant there is brought
before any magistrate any forged banknote paper, in-
strument or other thing the possession of which in the
absence of lawful excuse is an indictable offence, thl
magistrate may direct such thing to be detained for pro-
dnction in evidence or to be otherwise dealt with as the
case may require.
(5) If under any such warrant there is brought
before any magistrate any counterfeit coin or other thing
the possession of which, with knowledge of its nature,
and without lawful excuse, is an offence, every such thing
shall be delivered up to the Governor or to any person
authorized by him to receive the same as soon as it has
been produced in evidence or as soon as it appears that
it will not be required to be so produced.
(6) If the thing to be searched for is gun-
powder or any other explosive or dangerous or noxious
substance or thing, it shall be disposed of in the manner
directed by any statute relating to such substance or
thing, or, in default of such direction, as the magistrate
may order.
Construction of 70. (1) Subject to the provisions of subsection (2)
references to of this section-
complaints in
other enact- (i) where any enactment confers power on
ments a magistrate to deal with an offence, or
to issue a summons or warrant against a
person suspected of an offence, or liable
to any fine, penalty, imprisonment, or
other punishment, on the complaint of
any person; or
(ii) where aln enactment provides that a
fine. penalty, term of imprisonment or
other punishment shall be imposed,
enforced or recovered sunlmarily, or
before a magistrate or court of sum-
mary jurisdiction (whether on comn-
plaint or information),
then-
(a) for references to complaint there shall
be substituted references to information
and
(b) all such proceedings shall be brought
by way of information or in accordance
with the provisions of this Act relating
to informations and the procedure
thereon.
(2) Any proceedings brought or instituted under
or by virtue of any of the enactments specified in thr-
Third Schedule to this Act shall be brought or instituted
by way of complaint in accordance with the provisions
of this Act relating to complaints and the procedure
thereon:







SUPPLEMENT TO OFFl'CIL (IAZETTE, 14TI1 JANUARY, 1957.


Provided that where any such enactment contains
any special provision with respect to the powers of the
magistrate hearing, or the procedure to be followed at or
consequent upon, the proceedings, then to the extent to
which such special provisions are in conflict or incon-
sistent with the provisions of this Act, such provisions
shall prevail over the provisions of this Act.
(3) Any other proceedings to which neither of
the two preceding subsections nor the next following
section apply shall be instituted and maintained before
a magistrate in such manner as the enactment upon which
they are founded shall direct, and if there is no such
direction, then in accordance with the provisions of this
Act relating to complaints and the procedure thereon.

PART V QUASI-CRIMINAL PROCEDURE

71. Subject to the provisions of this Act, any
proceeding before a magistrate, being a proceeding in
which an order is sought against some person for the
payment of money or for the d(:ing, or abstaining from
doing, of some act, and not being a proceeding in respect
of an offence punishable on summary conviction or on
indictment or a matter in respect of his civil jurisdiction,
shall be by way of complaint.
72. Subject to the provisions of this Act, where a
complaint is made to a magistrate concerning any qnat-
ter in respect of which the magistrate has jurisdiction,
under this or any other enactment, to make an order
against any person the magistrate may issue a summons
directed to that person requiring such person to appear
before him to answer to the complaint.
73. Where no express provision is made by any
enactment or the rules specifying which magistrate shall
have jurisdiction to hear a complaint, a magistrate shall
have such jurisdiction if the complaint relates to anything
done within the district or districts to which the magistrate
is assigned or anything left undone that ought to have
been done either there or elsewhere, or relates to any
other matter arising within that district or districts.
74. (1) On the hearing of a complaint, the mag-
istrate shall, if the defendant appears, state to him the
substance of the complaint.
(2) The magistrate, after hearing the evidence
a,(nd tii( l parties, shall make the order for which the co'm-
plaint is made or shall dismiss the complaint.
(3) Where the complaint is for the variatioll
of the rate of any periodical payments ordered by a
magistrate to be made, or for such other matter as may
be prescribed, the magistrate may make the order with
the consent of the defendant without hearing evidence.


Quasi-criminal
proceedings to
be by wiy of
complaint.





Issue of sum
11ons on coi 01
plaint.





Jurisdiction to
deal with com-
plaints.





Procedure on
h hearing.


75. Where in any domestic proceedings or pro- Examination
ceedings in any matter of bastardy it appears to the o finest by
magistrate that any party to the proceedings who is not
legally represented is unable effectively to examine or
cross-examine a witness, the magistrate shall ascertain
from that party what are the matters about which the
witness may be able to depose or on which the witness
ought to be cross-examined, as the case may be, and shall
put, or cause to be put, to the witness such questions in
the interests of that party, as may appear to the magistrate
to be proper.
70. (1) A magistrate ima at any time whether Adjournment.
before or after beg'i i nnng to Ilear ii complaint, adjourn
the hearing.







SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.


Non-:i appearance
of defendant.


Non-appearance
of complainant.





Non-appearance
of both parties.



Periodical
payment through
clerks.


(2) The magistrate may when adjourning
either fix t he time and place at which the hearing is to
be resumed or, unless he remands the defendant under the
next following section, leave the time and place to be de-
termined later by him; but the hearing shall not be re-
sumed at Ihat time and place unless the magistrate is
satisfied that the parties have i\had adequate notice thereof.
77. (1) Where at the time and place appointed for
the hearing or adjourned hearing of a complaint, the
complainant appears but the defendant does not, the
magistrate may, subject to subsection (3) of this section,
proceed in his absence.
(2) Where the magistrate instead of proceeding
in the absence of the defendant, adjourns or further ad-
journs the hearing, the magistrate may, if the complaint
has been substantiated on oath, and subject to the fol-
lowing provisions of this section, issue a, warrant for his
arrest.
(3) The magistrate shall not begin to hear the
complaint in the absence of the defendant or issue a war-
rant under this section unless either it is proved to the
satisfaction of the magistrate, on oath, or in such other
manner as may be prescribed that the summons was
served ou the defendant within what appears to tihe
magistrate to be a reasonable time before the hearing or
adjourned hearing or the defendant has appeared on a
previous occasion to answer to the complaint.
(4) Where the defendant fails to appear at an
adjourned hearing, the magistrate shall not issue a war-
rant under this section unless he is satisfied that the de-
fendant had adequate notice of the time and place of the
adjourned hearing.
(5) Where the defendant is arrested under a
warrant issued under this section, 1the magistrate may,
on any subsequent adjournment of the hearing, but sub-
ject to the provisions of the next following subsection,
remand him.
(6) The magistrate shall not issue a warrant or
remand a defendant by virtue of sub-section (2) of see-
lion one hundred and fifteen of this Act after he has given
evidence in the proceedings.
(7) Where the magistrate remands the defen-
dant. the time fixed for the resumption of the hearing
shall be that at which he is required to appear or be
brought before the magistrate in pursuance of the remand.
(b) A warrant under this section shall not be
issued in any proceedings in a matter of bastardy.
78. W elre at the time and place appointed for the
hearing or adjourned hearing of a complaint, the de-
fendant appears but tihe complainant does not, the magis-
trate may dismiss the complaint or, if evidence has been
received on a previous occasion, proceed in the absence
of the complainant.
79. Where at the time and place appointed for the
hearing or adjourned hearing of a complaint neither the
complainant nor the defendant appears, the magistrate may
dismiss the complaint.
SO. (1) Where a magistrate orders money to be
paid periodically by one person to another, the magistrate
may order that the payment shall be made to the clerk or
the clerk of the magistrate's court of any other district.
(2) Where the order is an affiliation order or
a maintenance order, the magistrate shall, unless upon
representations made in that behalf by the applicant for
the order he is satisfied that it is undesirable to do so,
exercise Ihis power under the preceding subsection:







SUPPLEMENT TO (OFFICIAL (GAZETTE, 14THI JANUARY, 1957.

Provided that, where the magistrate, on the ap-
plication of a husband for an order under the Married
Woman's (Separation and Maintenance) Act, 1950. Act 1950-51.
orders the payment of weekly sums by the husband foi
the wife's benefit, this subsection shall have effect as if
for the reference therein to the applicant for the order
there were substituted a reference to his wife.


81. Where a magistrate has made an order for the,
periodical payment of money, the magistrate may, by
order on complaint, revoke, revive or vary the order.


82. (1) Where under any Act a magistrate has
power to require the doing of any thing other than the
payment of money, or to prohibit the doing of any thing.
any order of the magistrate for the purpose of exercising
that power may contain such provisions for the manner
in which any thing is to be done, for the time in which
anything is to be done or during which any thing is not
to be done, and generally for giving effect to the order,
as the magistrate thinks fit.

(2) The magistrate may by order on complaint
suspend or rescind any such order as aforesaid.
(:3) Where any person disobeys an order of a
magistrate to do any thing other than the payment of
money or to abtsain from doing any thing, the magis-
trate may-
(a) order him to pay a sum not exceeding
five dollars for every day during
which lie is in default; or
(b) commit him to custody nntil he has
remedied the default:
Provided that a person shall not by virtue of
this section be ordered to pay more than one hundred
dollars or be committed for more than two 'months in
all for disobeying one or more orders to do or abstain
from doing the same thing.
(4) Any sum ordered to be paid nnder the last
preceding subsection shall be enforceable as an order
made on complaint in accordance with tie provisions of
this Act.
(5) The preceding provisions of tlis section.
shall not apply to any order for the enforcement of
whidh provision is made by any other enctiment.

PART V[ SATISFACTION AND ENFORCEMENT


83. (1) A magistrate by whose conviction or order
a sum is adljludge to be paid may, instead of requiring
immediate payment, allow time for payment, or order
payment by instalments.
(2) Where a magistrate has allowed time for
payment, he may, on application by or on behalf of tii,
person liable to make the payment, allow further time or
order payment by instalments.
(3) Where a magistrate has ordered payment
by instalments and default is made in the payment of
any instalment, proceedings may be taken as if the
default had been made in the payment of all the instal-
ments then unpaid.
84. (1) Subject to the following provisions of this
part of this Act, where default is made in paying a sum
adjudged to be paid by a conviction or order of a mag-
istrate, the magistrate may issue a warrant of distress
for the purpose of levying the sum or issue a warrant
committing the defaulter to prison.


Revocation,
variation, etc.,
of orders for
periodical pay-
ments.
01ners otheIr
than for pay-
inent of money.


Power to dis-
ipense with
in'nediate pnay
liltlit.


Enforcement of
sum adjudged
t, lie paid.







SUPPLEMENT TO OFFICIAL (AZETTE, 14TII JANUARY, 1957.


Postponement
of issue of a
warrant.


Defect in distress
warrant and
irregularity in
its execution.


Release from
custody and
reduction of
detention on
payment.


(2) A warrant of commitment may be issued
as aforesaid either-
(a) where it appears on the return to a
warrant of distress that the money and
goods of the defaulter are insufficient
to satisfy the sum with the costs and
charges of levying the sum; or
(b) instead of a warrant of distress.
(3) The period for which a person may be com-
mitted to prison under such warrant as aforesaid shall
not exceed the period applicable to the case under the
Fourth Schedule to this Act.
85. (1) Where a magistrate has power to issue a
warrant of distress under this Part of this Act, he may,
if he thinks it expedient to do so, postpone the issue of
the warrant until such time and on such conditions, if
any, as he thinks fit.
(2) Where a magistrate has power to issue a
warrant of commitment under this Part of this Act, he
may, if he thinks it expedient to do so, postpone the issue
of the warrant until such time and on such conditions,
if any, as he thinks fit.

I)EFECT IN I)ITRESS

86. (1) A warrant of distress issued for the purpose
of levying a sum adjudged to be paid by the conviction
or order of a magistrate shall not, if it states that the
sum has been so adjudged to be paid, be held void by
reason of any defect in the warrant.
(2) A person acting under a warrant of distress
shall not be deemed to be a trespasser from the beginning
by reason only of any irregularity in the execution of
the warrant.
(3) Nothing in this section shall prejudice the
claim of any person for special damages in respect of
any loss caused by a defect in the warrant or irregularity
in its execution.
(4) If any person removes any goods marked
in accordance with the rules as articles impounded in
the execution of a warrant of distress, or defaces or
removes any such marks, he shall be liable on summary
conviction to a fine not exceeding twenty-five dollars.
(5) If any person charged with the execution
of a warrant of distress wilfully retains from the pro-
ceeds of sale of the goods on which distress is levied,
or otherwise exacts any greater costs and charges than
those properly payable, or makes any improper charge.
lie shall be liable on summary conviction to a fine not
exceeding twenty-five dollars.
87. (1) Where imprisonment or other detention
has been imposed on any person by the order of a mag-
istrate in default of payment of any sum adjudged to be
paid by the conviction or order of a magistrate or for
want of sufficient distress to satisfy such sum then, on
payment of the sum, together with the costs and charges,
if any, of the commitment and distress, the order shall
cease to have effect; and if the person has been com-
mitted to custody he shall be released unless he is in
custody for some other cause.
(2) Where, after a period of imprisonment or
other detention has been imposed on any person in de-
fault of payment of any sum adjudged to be paid by the
conviction or order of a magistrate or for want of suffi-
cient distress to satisfy such a sum, payment is made in
accordance with the rules of part of the sum, the period
of detention shall be reduced by such number of days
as bears to the total number of days in that
period less one day the same proportion a.s the amount








SUPPLEMENT TO (OF)FIC'I (LZETTE, 14TH1 JANUARY, 1957.


so paid bears to so much of the said sum, and the costs
and charges of any distress levied to satisfy that sum as
was due at the time the period of detention was imposed.
(3) In calculating the reduction required un-
der the last preceding subsection any fraction of a day
shall be left out of account.
88. (1) Where a magistrate has adjudged a person
to pay a sum by a conviction or has ordered the enforce-
ment of a sum due from a person under an affiliation or
maintenance order, or an order enforceable as an affilia-
tion or maintenance order, the magistrate may order him
to be searched.
(2) Any money found on the arrest of a person
adjudged to pay such sum as aforesaid, or on a search
as aforesaid, or on his being taken to prison or other place
of detention in default of payment of such a sum or foi
want of sufficient distress to satisfy such a sum, may,
unless the magistrate otherwise directs, be applied towards
payment of the said sum; and the balance, if any, shall
he returned to him.
(3) A magistrate shall not allow the applica-
tion as aforesaid of any money found on a person if he
is satisfied that the money does not belong to him or that
the loss of the money would be more injurious to hii
family than would be his detention.


89. (1) A magistrate on adjudging a person to pay
a sum by conviction shall, subject to the provisions of the
next following subsection, allow him at least seven days
to pay the sum or the first instalment of the sum.
(2) If the offender fails to pay the sum on the
occasion of his conviction and -
(a) he appears to the magistrate to have
sufficient means to pay the sum forth-
with; or
(b) on being asked by the magistrate
whether he wishes to have time for pay-
ment, Ihe does not ask for time; or
(C) he fails to satisfy the magistrate that
he has a fixed abode; or
(d) there is some other special circumstances
appearing to the magistrate to justify
immediate committal.
the magistrate may on that occasion issue a warrant of
commitment under this Part of this Act, and if lie does
so shall state in the warrant the reasons for not allowing
the offender time to pay.
(3) Where time is allowed for payment, or pay-
ment by installments is ordered, a magistrate may, on the
occasion of the conviction, impose a term of imprisonment
in the event of a future default in paying the sum ad-
judged to be paid by the conviction.
(4) Where a magistrate has imposed a term of
imprisonent as provided by the last preceding subsection,
then, if at any time the offender asks the magistrate
to commit hum to prison immediately, the magistrate may
do so notwithstanlding anything in subsection (1) of this
section.
(5) Nothing in this section shall affect the power
of a magistrate to enforce by distress payment of a sum
adijdged to be paid by a conviction.
90. (1) Where the magistrate does not on the occa-
sion of the conviction issue a warrant of commitment or
fix a term of imprisonment as provided by the last preced-
ing section. he shall not commit an offender to prison for
failing to pay a sum adjudged to be paid by a summary


Application of
money found on
defaulter to
satisfy sum
;iljudged.


Restrictions on
power to impose
inllprisoll ilelt
on conviction.


Restriction on
coniiitli:l after
convi tion -
Nrenus Iqu(iiry.







SUPPLEMENT TO OFFICIAL GAZETTE, 14T1L JANUARY, 1957.


conviction or for want of sufficient distress to satisfy such
a suilt unless, oil all occasion sulbs&equent tO tile' conviction,
the magistrate has enquired into his means in his 1,p('rese,.
This subsection shall not apply where the offender is
in prison.
(2) A magistrate may, for the purpose of en-
abling enquiry to be made under this section-
(a) issue a summons requiring the offender
to appear before him at the lime and
place appointed in the summons; or
(b) issue a warrant to arrest the offender
and bring him before the magistrate.
(38) On the failure of the offender to appear
before the magistrate in answer to a sunmnous under this
section, the magistrate may issue a warrant to arrest him
and bring him before the magistrate.
(4) Notwithstanding anything in section one
hundred and thirteen of tllis Act, a warrant under this
section shall cease to have effect where the sum in respect
of which the warrant is issued is paid to the constable
holding the warrant.
Power to remit 91. On the hearing of a complaint for the enforce-
arrears. ment, revocation, revival, variation or discharge of an
affiliation order or maintenance order or an order enforce-
able as an affiliation order or maintenance order, the iag-
istra.te may remit the whole or any part of the sum due
under the order.
Provisions of 92. The provisions of this Part of this Act shall be
this Part deemed to be in addition to, and not in derogation of, the
additional to provisions of any other enactment relating to satisfaction
any other
powers under or enforcement in respect of convictions or orders by
other enact- magistrates.
ments.
PART V [1-S PPLEME NT A I
Summons to 93. (1) Where a magistrate is satisfied that any
witness and
warrant for person is likely to be able to give material evidence, or
his arrest. to produce any document or thing likely to be material
evidence, at an enquiry into an indictable offence or at
the summary trial of an information or hearing of a com-
plaint and that that person will not voluntarily attend as
a witness or will not voluntarily produce the document
or thing, the magistrate shall issue a summons directed
to that person requiring him to attend before the magis-
trate at the time and place appointed in the suninmons lo
give evidence or to produce the document or thing.
(2) If a magistrate is satisfied on oath of the
matters mentioned in the preceding subsection, and also
that it is probable that a summons under the preceding
subsection would not procure the attendance of the person
in question, the magistrate may instead of issuing a sum-
mons issue a warrant to arrest that person and bring him
before the magistrate as aforesaid at a. time and place
specified in the warrant:
Provided that a warrant shall not ibe issiu.
under this subsection where' the attendance required is
for the hearing of a complaint.
(3) On the failure of any person to attend be-
fore a magistrate in answer to a summons under this
section, if :-
(a) the magistrate is satisfied by evidence
on oath that he is likely to be able to
give material evidence or produce any
document or thing likely to be material
evidence in the proceedings; and
(b) it is proved on oath, or in such other
manner as may be prescribed, that he
has been duly served with the summons;
and







SUPPLEMENT TO OFFICIALL (lAZETTE, 14TII JANUARY, 1957.

(e) it appears to the magistrate that there
is no just excuse for the failure.
thle magistrate may issue a warrant to arrest him and
bring him before the magistrate at a time and place speci-
fled in the warrant.
(4) If any person attending or )brought before
a magistrate refuses without just excuse to be sworn or
give evidence or produce any document or thing, the
magistrate mayi commit him to custody until the expira-
Iton of such period not exceeding seven days as may be
specified in the warrant or until he sooner gives evidence
or produces the document or thing.
94. Subject to the provisions of any enactment or J'videice on
rule of law authorising the reception of unsworn evidence, oath.
evidence given before a. magistrate shall be on oath.
95. Where a magistrate, otherwise than in the exer- Proof of non-
cise of his civil jurisdiction, has ordered one person to payment of sum
pay to another any sum of money, and proceedings are judgedge.
taken before him or any other magistrate to enforce pay-
ment of the sum. then
(a) If the person to whom the sum is ordered to
be paid is a clerk of a magistrate's court, a
certificate purporting to be signed by the
clerk that the sum has not been paid to him;


and
(b) in ainy case a document purporting to be a
declaration sworn before a person author-
ised to administer oaths by the person to
whom the sum is ordered to be paid that the
sum has not been paid to hint
shall be admissible evidence that the sum has not been
paid to such other person, unless the magistrate requires
the clerk or other person to be called as a witness.
96. Where the accused or defendant to an informa-
tion or complaint relies for his defence on any exception,
exemption, proviso, excuse or qualification, whether or
not it accompanies the description of the offence or matter
of complaint in the enactment creating the offence or on
which the complaint is founded, the burden of proving
the exception, exemption, proviso, excuse or qualification
shall be on him: and this notwithstanding that the in-
formation or complaint contains an allegation negativing
the exception, exemption, proviso, excuse or qualification.
97. If, in any solemn declaration, certificate or other
writing made or given for the purpose of its being used
in pursuance of the rules as evidence of the service of'any
document or tile handwriting or seal of any person, a
person makes a statement that he knows to be false in a
material particular, he shall be liable on summary convic-
tion to a term not exceeding six months or to a fine not
exceeding one hundred dollars or both.
98. (1) The power of a magistrate on the complaint
of any person to adjudge any other person to enter into a
recognizance, with or without sureties, to keep the peace
and be of good behaviour towards the complainant, shall
be exercised by order on complaint.
(2) Where a complaint is made under this sec-
tion, the power of the magistrate to remand the defend-
ant under subsection (5) of section seventy-seven of this
Act shall not be subject to the restrictions imposed by
subsection (6) of that section.
(3) If any person ordered by a magistrate under
subsection (1) of this section to enter into a recognizance,
with or without sureties, to keep the peace or to be of
good behaviour fails to comply with the order, the magis-
trate may commit him to custody for a period not exceed-
ing six months or until he shall sooner comply with the
crder.


Onus of proving
exceptions, etc.








Penalty for
false statement
in declarations
proving
service, etc.




Binding over
to keep the
pence or be
of good
1hlhaviour.








SUPPLEMENT T'( OFFICIAL GAZETTE, 14TH JANItARY, 1957.


Power it bind
parties to Ibe
of good be-
]laviour.






Discharge of
]'cogn itll Iot to
keep the peace
or he of good
behaviour on
complaint of
surety.


















Warrant
endorsed fIor
bail.














Varying or
dispensing with
requirements as
to sureties.




Postponement
of taking
recognizance.


99. A magistrate shall have power on any informa-
tion for a summary offence, whether the information be
dismissed or the accused be convictedd, to bind both the
inf'ormant, accused and any witness in the case, or all or
any of them, with or without sureties, to be of good
behaviour, and may order any person so bound, in default
of compliance with the order, to be imprisoned for a term
not exceeding three months, in addition to any other
punishment to which such person is liabh-.
100. (1) On a complaint being made to a magistrate
by a surety to a recognizance to keep the peace or to be
of good behaviour entered, into before a magistrate that
the person bound by tile recognizance as principal has
been, or is about to be, guilty of conduct constituting a
breach of the conditions of the recognizance, the magis-
trate may, if the complaint alleges that the principal is,
or is believed-to be, in his district, or if the recognizance
was entered into before a magistrate for that district,
issue a warrant to arrest the principal and bring him
before the magistrate of that district or a summons re-
quiritng the principal to attend before such magistrate:
Provided that the magistrate shall not issue a
warrant unless the complaint is in writing and substan-
tiated on oath.
(2) The magistrate before whom the principal
appears or is brought in pursuance of such a summons or
warrant as aforesaid may, unless he adjudges the recog-
nizance to be forfeited, order the recognizance to be dis-
charged and order the principal to enter into a new
recognizance, with or without sureties, to keep the peace
or to be of good behaviour.
101. (1) A magistrate on issuing a warrant for the
arrest of any person may endorse the warrant with a
direction that that person shall on arrest be released on
his entering into such recognizance, with or without
sureties, conditioned for his appearance before a magis-
trate, as may be specified in the endorsement; and the
endorsement shall fix the amount in which the principal
and sureties, if any, are to be bond.
(2) Where such an endorsement has been made,
then, on the person's being taken to a police station on
arrest under the warrant, the officer in charge of the
police station shall release him on his entering into a
recognizance, with or without sureties, approved by the
officer, in accordance with the endorsement, conditioned
for his appearance before a magistrate at the time and
place named in the recognizance.
102. Where a magistrate has committed a person to
custody in tdfault of finding sureties, the magistrate may,
on application by or on behalf of the person committed,
and after hearing fresh evidence, reduce the amount in
which it is proposed that any surety should be bound or
dispense with any of the surreties or otherwise deal with
the case as he thinks fit.
103. (1) Where a magistrate has power to take any
recognizance, the magistrate may, instead of taking it,
fix the amount in which the principal and his sureties, if
any. are to be bound; and thereafter the recognizance
may be taken by any such person as may be prescribed.
(2) Where, in pursuaince of this section, a recog-
nizauce is entered into otherwise than before the magis-
trate who fixed the amount of it, tile same consequences
shall follow as if it had been entered into before that
magistrate; and references in this or any other enactment
to the magistrate or court before which a recognizance
was entered into shall be construed, accordingly.
(3) Nothing in this section shall enable a magis-
trate to alter the amount of a recognizance fixed by the
Supreme Court.







SUPPLEMENT T'O (0 I('IAL (iAZETTE, 14TII .JANUARY, 1957.

104. (1) Where a recognizance to keep the peace or Forfeiture of
to be of good behaviour has been entered into before a recognizances.
magistrate or any recognizance is conditioned for the
appearance of a person before a magistrate or for his doing
any other thing connected with a proceeding before a
magistrate, and the recognizance appears to the magis-
trate to be forfeited, the magistrate may, subject to the
next following subsection, declare the recognizance to be
forfeited and adjudge the persons bound thereby, whether
as principal or sureties, or any of them to pay the sum in
which they are respectively bound.
(2) Where a recognizance is conditioned to keep
the peace or be of good behaviour, the magistrate shall
not declare it to be forfeited except by order made on
complaint.
(3) The magistrate who declares the recogniz-
ance to be forfeited may, instead of adjudging any person
to pay the whole sum in which he is bound, adjudge him
to pay part only of the sum or remit the sum.
(4) Payment of any sum adjudged to be paid
under this section, including any costs awarded against
the defendant, may be enforced, and any such sum shall
be applied as if it were a fine and as if the adjudication
were a sullnary conviction:


Provided that, at any time before the issue of a
warrant of commitment to enforce payment of the sum,
or before the sale of goods under a warrant of distress to
satisfy the sum, the magistrate may reduce or remit the
sum absolutely or on such conditions as he thinks just.
(5) Where any recognizance, entered into before
a magistrate, is conditioned, for the appearance of a per-
son before the Supreme Court or for his doing any other
thing connected with a proceeding before the Supreme
Court, the clerk shall transmit such recognizance to the
Registrar.
(6) Where any such recognizance as is mentioned
in the last preceding subsection has been forfeited by the
Supreme Court the Registrar shall transmit it to the
magistrate before whom it was entered into, together
with a certificate of its forfeiture and the directions of the
Supreme Court, and the magistrate shall thereupon en-
force the recognizance in accordance with such directions.
105. Where any person charged with or convicted of
an offence has entered into a recognizance conditioned for
his appearance before a magistrate and in breach of that
recognizance fails to appear, the magistrate may without
prejudice to his power to enforce the recognizance, issue
a warrant for his arrest.
106. (1) A magistrate shall not try an information
summarily or hear a complaint or exercise his eiv:1 juris-
diction unless lie is sitting in open court.
(2) This section shall have effect subject to the
provisions of any law conferring power on a magistrate
to sit in camera and to any enactment relating to domestic
proceedings or proceedings in a matter of bastardy or in
a juvenile court
107. (1) Subject to tlhe provisions of this section, a
party to any proceedings before a magistrate may be
represented by counsel or solicitor; and an absent party
so represented shall be deemed not to be absent:


Arrest on failure
to surrender to
bail before a
magistrate.



NMagistrate to
sit ijl ol'Lil
court.






Appearance by
counsel or
solicitor.


Provided that appearance of a party by counsel or
solicitor shall not satisfy any provision if any enactment
or any condition of a recognizance expressly requiring his
presence:
Provided further that where a magistrate is of the
opinion that the proceedings cannot properly be adjudi-
cated without the appearance in person of the accused or
defendant, the magistrate may require the accused or
defendant to appear personally, and in default of his
appearance at the appointed time may issue a warrant
for his arrest.








SUPPLEMENT TO FFI('I.\L GA\ZETTi, ITII JANITAIY, 1957.


Who may lay an
information
or bring
complaint.







Information
and complaints
in the name of
the Commissioner
of Police.











Defect in
process.












Banning of
objection to
jurisdiction
unless taken at
hearing or when
order made.







Process valid
notwithstanding
death, etc. of
magistrate.

Magistrate's
process to run
throughout
Island.

Warrants.


(2) A party to any proceedings before a magis-
:;! sitting in the exercise of his civil jurisdiction may
appear by agent in such cases, and subject to such ci ndi-
tions, as may be prescribed.
108. (1) It shall be lawful for any person to lay an
information or make a complaint unless it appears from
the enactment on which the information or complaint is
founded that such information or complaint shall be laid
or made only by a particular person or class of persons.
(2) Notwithstanding anything to the contrary
contained in any enactment, it shall be lawful for a
constable to lay an information in a case of assault or
battery, even though the party aggrieved declines or
refuses to lay an information.
(3) (a) It shall be lawful for any constable to
lay an information or make a complaint in the name of the
Commissioner of Police and for any constable to appear
and conduct any such proceedings on his behalf; and any
such constable shall be deemed for all purposes of this Act
other than those specified in this subsection to be the
informant or complainant; and proceedings under such
information or complaint shall not lapse or be determined
by reason of any change as to the holder of the office of
Commissioner.
(b) No such proceedings shall be dismissed
by reason only of the failure of the Commissioner of
Police to appear in person or by counsel or solicitor
provided he be represented by a constable for the time
being present in court.
109. (1) No objection shall be allowed to any in-
formation or complaint, or to any summons or warrant to
procure the presence of the accused or defendant, for any
defect in it in substance or in form, or for any variance
between it and the evidence adduced on behalf of the
informant or complainant at the hearing of the informa-
tion or complaint.
(2) If it appears to a magistrate that any vari-
ance between a summons or warrant and the evidence
adduced on behalf of the informant or complainant is such
that the accused or defendant has been misled by the
variance, the magistrate shall, on the application of the
accused or defendant, adjourn the hearing
110. It shall not te competent for any person t(
impeach, in any proceedings or in any other manner
whatever, any conviction by a magistrate on the trial
cf an information or any order made by a magis-
trate on the hearing of a complaint or judgment
or order given or made in the exercise of his civil
jurisdiction on the ground that the magistrate had :io
jurisdiction to convict or make the order or give the
judgment unless such objection was taken at the trial
of the information or on the hearing of the complaint
or civil claim.
111. A warrant or summons issued by a magis-
trate shall not cease to have effect by reason of his death
or his ceasing to be a magistrate.

112. Any summons, warrant or other process issued
by a magistrate may be served or executed anywhere in
the Island or in the territorial waters surrounding thb
Island.
113. (1) A warrant of arrest issued by a magistrate
shall remain in force until it is executed or withdrawn.
(2) A warrant of arrest, warrant of commitment,
warrant of distress or search warrant may be executed
anywhere in the Island by any person to whom it is
directed, or by any constable.
(3) The issue or execution of any warrant under
this Act for the arrest of a person charged with an offence,
or of a search warrant, shall be as effectual on Sunday
as on any other day.








SUPPLEMENT TO OFFICIAL (;AZET i, lTII JANUARY 1957.

(4) A warrant to arrest a person clihrg'd wIixi
an offence may be executed by a constable notnithstand-
ing that it is not in his possession at the time, but the
warrant shall. on tli demand of tile person arrested be
shown to him as soon as practicable.
114. (1) Except as ol lerwise expressly provided ( i y Limitation of
any enactment, a magistrate shall not try an information time.
or hear a complaint unless the information was laid, or
the complaint made, with, six months from the time
when the offence was committed, or the matter of con-
plaint arose;
Provided that this section shall not restrict any powet
to try summarily an offence under the provisions of sec-
tion thirty-two, forty-three or forty-five of this Act, or
under the provisions of any enactment not contained i.I
this Act whereby an indictable offence may be tried sum-
marily with the consent of the accused but not otherwise.
(2) Nothing in this section contained shall apply
to any proceedings in a master of bastardy.
115. (1) Where a magistrate has power to remand Remand in
any person, then. subject to any enactment modifying custody or
this power the magistrate may on bail.
(a) remand him in custody, that is to say,
commit him to custody to be brought
before th- magistrate at the end of the
period of remand or at sucl earlier time
as the magistrate may require; or
(b) remand him on bail, that is to say take
front him a recognizance, with or without
sureties, conditioned as provided in
subsection (3) of this section,
and may instead of taking recognizance in accordance
with paragraph (b) of this subsection, fix the amount 'of
the recognizances with a view to their being taken suo-
sequently in accordance with section one hundred and
three of this Act and in the mean time commit him to
custody in accordance with paragraph (a) of this sub
section.
(2) Where a person is brought before the magis-
trate after remaunial, tle magistratei miy furtherr rf':iuid(
him.
(3) A recognizance on which a person is re-
manded on bail as aforesaid may be conditioned-
(a) for his appearance before the magistrate
at the end of the period of remand; or
(b) for his appearance at any time and
place to which during the course of the
proceedings the hearing mav be from
time to time adjourned:
and, where the recognizance is conditioned as provided
in paragraph (b) of this subsection, the fixing at any
time of the time for the next appearance shall be deemed
to be a remand; but nothing in this subsection shall
deprive the magistrate of power at any subsequent hearing
to remand him afresh.
(4) Subject to the provisions of the nirxt follow-
ing section, a magistrate shall not remand a person for
a period exceeding eight clear days:
Provided that -
(a) if the magistrate remands him on bail,
he may remand him for a longer period
if such person and the other part5
consent;
(b) where the magistrate adjourns a trial
under susection (3) of section forty-
eight or section fifty-four of this Act
he may remand him for the period of
the adjournment.








SUPPLEMENT TO OFFICIAL L GAZETTE, 14TH JANUARY, 1957.


Further remand.


Cross-
informations
and complaints.








Hearing of two
or more infor-
mations or
complaints at
the same time.




Power to award
costs and
enforcement of
costs.


116. (1) If a magistrate is satisfied that ainy person
who has been remanded is unable by reason of illness or
accident to appear or to be brought before the mniistrate
at the expiration of the period for which he was remanded,
the magistrate may, in his absence, remand Ihn for a
further time; and subsection (4) of the last precedi:ig
section shall not apply.
(2) Notwithstanding anything in subsection (1)
of the last preceding section, the power of a magistrate
under the preceding subsection to remand a p,'rson on
bail for a further time may be exercised by enlarging his
lecognizances and those of his sureties, if any, to a later
time.
(3) Where a person remanded on bail is bound
1-y the recognizance to appear before a magistrate at any
time, and the magistrate has no power to remand him
under subsection (1) of this section, the magistrate may
in his absence enlarge the recognizance, and those of his
sureties, if any, to a later time; and enlargement of the
recognizance shall be deemed to be a further remand.
117. Where an information or complaint is laid or
made by one person against another, and there is a cross-
information or cross-complaint by the accused or defen-
dant in such first-named case either by himself or
together with another person against the informant or
complainant in the first-named ease either by himself or
together with another person, and such cross-informations
or cross-complaints are with reference to the same matter,
tne magistrate may, if he thinks fit, try such infonrnations
or complaints at one and the same time.
118. Where two or more informations or complaints
are laid by one or more persons against another person
or other personss and such informations or complaints are
founded on the same facts or relate to a series or part
of a series of offences of the same or a similar nature,
the magistrate may, unless he is of opinion that the
interests of justice would require separate trials, try such
informations or complaints together.
119. Subject to the provisions of any other enact-
rnent to the contrary.
(1) On the trial of an information i, hearing
of a complaint, a magistrate shall have power in his dis-
cretion to make such order as to costs-
(a) on convicting the accused or making the
order for which the complaint is made,
to be paid by the accused or defendant
to the informant or complainants
(b) on dismissing the information or
complaint, to be paid by the informant
or complainant to tie accused or
defendant;
as he thinks reasonable:
Provided that, if the complaint is for an order for
the periodic payment of money, or for the revocation,
revival or variation of such an order, or for thie enforce-
ment of such an order, the magistrate may, whatever
adjudication he makes, order either party to pay the
.,hole or any part of the other's costs:
Provided further that no costs shall be Ywarde'l
against a constable or public officer prosecuting any
information or complaint ir his official capacity unless
the information or complaint be dismissed and the mlagis-
trate is of opinion that the information or complaint was
frivolous or vexatious.
(2) Where a magistrate has dismissed an informa-
tion or complaint and is of opinion that the information
cr complaint was frivolous or vexatious, he may also with
the consent of the accused or defendant, order the in-







SUPPLEMENT TO OFFICIAL GAZETTE 14T11 JANUARY, 1957.
ra^- -. ...L _: __ _- -- -- ---- ---- -- _^ _

formant or complainant to pay to the accused or defel-
cant a reasonable sum, not exceeding twenty-five dollars,
as compensation for the trouble and expense to which the
accused or defendant may have been put, by reason of
,inch. information or complaint, in addition to his costs.
(3) The consent of the accused or d(cfenditnt to any
such order for compensation as aforesaid shall be a bar
to any subsequent civil proceedings for false impri+onmeni
or malicious prosecution )by him against the informant
or complainant.
4) Where a magistrate has convicted an accused or
made an order against a defendant he may, in addition
10 the sentence or penalty, if any, imposed on such
accused or defendant, and to any costs ordered under
subsection (1) of this section, order the accused or defen-
dant to pay to the informant or complainant such com-
pensation, not exceeding fifty dollars, as to the magistrate
omay seem just and reasonable:
Provided that -
(a) the magistrate shall not award oilnpeinsa
tion in respect of damages for injury or loss
suffered by the informant or complainant ea
a result of the offence or matter upon which
the information or complaint was founded
unless the informant or complainant con-
sents; and
(b) the award of any such compensation men-
tioned in the last preceding paragraph shall
release the accused or defendant from all
other civil proceedings for the same cause.
(5) The amount of any costs or compensation
ordered to be paid under the preceding subsection shall
be specified in the conviction, order or order of dismissal,
as the case may be.
(6) Any order for payment of costs made
against an accused or a defendant may include costs of
and attendant upon his apprehension.
(7) No order for payment of costs made under
this section shall include any fees to counsel or solicitor.
(8) Subject to the next following subsection any sum
of money awarded for costs or compensation under this
section shall be enforceable as a sum adjudged to be paid
by conviction or order.
(9) Any costs or compensation awarded on a con-
plaint for an affiliation or maintenance order or for the
enforcement, variation, revocation, discharge ,.r revival
of such an order, against the person liable to make pay-
ments under the order shall be enforceable as a sum
ordered to be paid by an affiliation order or a maintenance
order, as the ease may be.
(10) An order for costs under this section may
include a sum in respect of witnesses' expenses:
Provided that no sum exceeding two dollars shall
1 e allowed in respect of each witness.
120 (1) Any person against whom an intomnation partiess cntitlea
has been laid or complaint made shall be entitled to to copies of
obtain from the clerk a certified copy of such informa- proceedings.
tion or complaint (if in writing) upon payment of the
prescribed fee.
(2) Any party to any proceedings before a
magistrate, or his solicitor or counsel, shall b:' entitled,
upon application to the magistrate at any stage of the
proceedings or at any time within twelve months after
the examination of the witnesses in such proceedings has
been closed, to obtain a copy of the proceedings from the
clerk upon payment of the prescribed fee.








SUPPLEMENT TO OFF'ICIAI, (lAZETTE, T11T .JANUARY, 19.57.


PART VIll- C(')NTEAMI'T OF COU-RIe


Offences relating
to administration
of justice in pro
feedings before
magistrates.
Language.


Gestures.


Assault.





Interruption
and obstruction.

Disobedience.




Resistance.





A;,usive, etc.
letters














Procedure
against offender.


121. (1) The FI'llolwin.!r shall ie dete('11 d ..!iI ..... 1111l u der
this Act, and shall lie deal with as hereiniattr provided-

(l indeeni, violeiit, insuliting, abusive ir threat-
ening biihgu ige used in courl or a1liresed i,
any iiaiistr;,te in coirt, or in going to or o re-
turning froin court, or used against any party
to any matter in the course of llearinll., or to
any witness or other person then lawfully be-
ing in the court room or within the precincts
of tile court;
(h) violent, indetcnt, or unbecoming gestures or
conduct in court while the magistrate is. actu-
ally sitting;
( i. any assault or battery committed on a magis-
trate in, court, or in going to or returning from
the court, or on any officer or servant of the
court, or on any party to any matter or wit-
ness or other person in court;
(d) wilfully interrupting or obstructing any pro-
ceediings of the court, or any other mishe-
haviour in court;
(c) acttual and express disobedilence in curt to
any direction, ruling or order of tlhe magis-
trate made in the course of the trial or hear-
ing;
() any resistance to or obstruction of any servant
of the court in the discharge ot his duty,
whether in the service of any process of the
court, or in obedience to or in the execution of
any warrant or command of the magistrate in
court:
(g) the writing or uttering to the magistrate
whether in court or otherwise, of any abusive
indecent or threatening letter or language, or
sending to such magistrate any threatening
message relating to any pending proceedings,
or of any letter calculated or intended to pre-
judice the mind of the magistrate in relation
to any proceedings then pending or in relation
to any person about to give evidence before
him in any such proceedings.
(2) The Provisions of this section shall be deemed
to be in addition to, and not in derogation of, the provisions
of any other law giving a magistrate power to deal with
contempt of court.
122. (1) If, in the opinion of the magistrate, any such
offence as in the last preceding section mentioned is com-
mitted by any person whomsoever, it shall be lawful for
any constable, on the verbal order of such magistrate, if
such person is present in court, or on the warrant of such
such person is present in court, or on the warrant of such
magistrate if such person :s not present in court, to take
such person into custody, and thereupon it shall be
lawful for such magistrate, if he thinks fit-
(a) to admonish and discharge him; or
(b) to order him to be removed from the court; or
(c) to order him to pay a fine not exceeding
twenty-five dollars; or
(d) without the imposition of any fine, by warrant
under his hand, to commit him to prison for
fourteen days.








SUPPLEMENT TO !)FICI'IA, i.AZETTE, 14TII JANUARY, 1957.

(2) If any fine imposed under this ec:tion shall
not be paid by the offender within such time as the magis-
trate may prescribe, it shall be lawful for the magistrate
on such default, to commit the offender by warrant to prison
for fourteen days.
(3) If any such offender is a practitioner before
the court, it shall be incumbent on such magistrate to report
the matter in writing to thiI Chief Justice of thIe Supremo
Court.
(4) Nothing in this section contained shall be con
strued to be in derogation of the provisions of any other
enactment prescribing penalties for any assault or battery
committed on any magistrate, provided that no person shall
be twice punished for the same offence.
123. (1) If any person ordered by any magistrate to Appeal.
pay a fine or to be imprisoned under the authority of the
!ast preceding section shall be dissatisfied with such order,
such person may, at the time of such order, give notice in
writing to such magistrate (hereinafter referred to as tht
"convicting magistrate") of his intention to appeal to the
Supreme Court against such order.
(2) The giving of such notice signed by the appell-
ant or his counsel or solicitor shall not operate as a stay of
such order unless the appellant shall, within two days
after the giving thereof, enter before a magistrate into a
recognizance with one surety in the sum of one hundred
and twenty dollars acknowledged before a magistrate and
conditioned that the appellant do personally appear, and do
not depart the court without leave and abide by the judg-
ment of the Supreme Court thereupon, and pay such costs
as may be by such Court awarded.
(3) Upon such notice being given and such recog-
nizance being entered into, the magistrate before whom sueb
recognizance is entered into shall liberate the appellant
if in custody, and thereupon the appeal shall be proceeded
with in accordance with the following provisions of this
Part of this Act.
124. (1) The convicting magistrate shall, within seven Cause of cor-
days after the making of the recognizance, sign and trans- mittal to be
mit to the Registrar of the Supreme Court a full statement stated
of the case specifying fully the causes of such conviction.
(2) The Supreme Court shall consider the state-
ment by the magistrate of the causes of conviction, and also
such grounds of appeal as may be set forth by the appellant.
125. If the Supreme Court shall confirm the order of If confirmed,
the convicting magistrate, any magistrate may, on receipt order to be
of a certificate of such confirmation, proceed to enforce such enforced
order as if there had been no appeal against the same.
126. No action shall be brought against any magistrate Protection
for any act or order done or made by him acting under the of officers.
authority of section one hundred and twenty-two of this
Act, or against any officer or servant of the court or against
any constable for any act done by him or them in obedience
to the command of any magistrate acting thereunder.
127. If, upon any appeal from an order made under
the provisions of section one hundred and twenty-two of
this Act, the order of any magistrate is quashed by the
Supreme Court, and the person alleged to have offended
has been actually in custody, it shall be lawful for but not
imperative on the Supreme Court to award to the appellant
such sum of money by way of compensation and satisfaction
in respect of the committal by such magistrate as to the
Supreme Court may seem reasonable and proper, and such
award shall be a bar to any civil proceedings whatever in
respect of such order.







SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1!57.


Magistriate n1-t
liable to ])ay
comlpeinstion.




Application of
this Part of Act,



Act 1932-10.


128. Tile magistrate whose order is quashed shall not,
unless the Governor otherwise orders, be made personally
liable to pay any compensation or costs which the Supreme
Court may award to the appellant, but the same shall be
paid to the appellant out of the revenue of this Island on
the warrant of the Governor.
129. The provisions of this Part of this Act shall apuly
to any court, whether or not it be an open court, in which
a magistrate is sitting for the exercise of his jirisdiction
conferred under this Act or any other law and to any in-
quest held by a coroner under the provisions of the Coron-
er's Act, 1932.

PART IX AI'PEALS


Right of appeal 130. (1) Subject to the provisions of this Part of this
to Suiplrtcin Court. net-
(a) where a magistrate dismisses an informa-
tion or complaint, or refuses to convict or
make an order, the informant or com-
plainant may appeal to the Supreme
Court;


Right of :appea
uniler former
Acts.








Notice of appla
to be given.















Magistrate to
state reasons
for decision.


(b) where a magistrate convicts or makes an
order, the person convicted or against
whom the order is made, may appeal to
tlhe Supreme Court against such convic-
tion or order;
(c) where a magistrate gives judgment or
makes an order in exercise of his civil
jurisdiction, either party to the action in
which such judgment was given or order
made may appeal to the Supreme Court
Provided that in the case of a conviction where the
appellant has pleaded guilty before the magistrate the ap-
peal shall only be against sentence.
(2) The provisions of this Part of this Act shall
not apply to the exercise by a magistrate of any of the
powers conferred on him under Vart VIII of this Act.
131. Subject to the provisions of this Act, where a rigoat
of appeal is given by and enactment passed before the coim-
m.encement of this Act to any person whomsoever whether
in respect of the conviction, order, judgment or decision of
a magistrate against such person, or in respect of any r-
ful.al by a, magistrate to convict, make an order or give a
judgment or decision against, any person, then and in
every such case an appeal shall lie under this Act, and i-,.
proceedings upon such appeal shall be according to the
provisions of this Act.
132. (1) An appeal shall be commenced by the appeil-
ant giving to the clerk notice of such appeal, which may be
verbal or in writing in the prescribed form, and if verbal
shall be forthwith reduced to writing in the prescribed form
by the clerk and signed by the appellant, or by his counsel
or solicitor.
(2) The notice of appeal shall be given in every
case within seven days after the day on which the magis-
trate dismissed the information or complaint, convicted or
made the order, or refused to convict or make the order, or
gave his judgment or decision:
Provided that where a magistrate has adjourned
the trial of an information after conviction, the notice of
appeal shall be given within seven days after the day on
which the magistrate sentences or otherwise deals with the
offender.
133. (1) Where notice of appeal has been given in
accordance with the provisions of the preceding section, the
magistrate shall, within seven days of the giving of such
notice, draw up and sign a statement of his reasons for
decision.







SUPPLEMENT TO OFFICIAL (,AZETTE, 14TIl JANUARY, 1957.

(2) The appellant and respondent shall be en-
titled upon applicai(on1 ) the clerk to obtaiii a copy of the
magistrate's reasons for decision.
134. An appellant shall, either at the time of giving Grounds of
notice of appeal, or at any time within fourteen days of th' to be
giving of such notice aforesaid, serve a written notice
of grounds of appeal upon the clerk.
135. A notice of grounds of appeal may set forth all or Admissible
any of the following grounds, and no others, that is to say- rounds ap
(i) that the magistrate had no jurisdiction in the
case:
Provided that it shall not be competent
for the Supreme Court to entertain such
grounds of appeal unless objection had been
formally taken at some time during the pro-
gress of the case and before the pronouncing
of the dismissal, conviction, order, refusal,
judgment or decision as aforesaid; or
(ii) that the magistrate exceeded his jurisdiction
in the case; or
(iii) that the magistrate was personally interested
in the case; or
(iv) that the magistrate has acted corruptly or
maliciously in the case; or
(v) that the dismissal, conviction, order, refusal,
judgment, or decision was obtained 1by fraud;
or
(vi) that the magistrate refuses to convict or make
an order, or that the appellant is not guilty,
as the case may be, either of which grounds
shall entitle the appellant to maintain -
(a) that admissible evidence substantially
affecting the merits of the case has been
rejected by the magistrate; or
(b) that inadmissible evidence hlas beer,
admitted by the magistrate and ther.-
is not sufficient admissible evidence to
sustain the decision on rejecting such
inadmissible evidence; or
(c) that there is no evidence to support the
decision or that the decision is against
the weight of evidence; or
(vii) that the decision is erroneous in point ot
law'; or
(viii) that some other specific error, not herein-
before mentioned, and substantially affecting
the merits of the case, has been committed
in the course of the proceedings in the case;
or
(ix) that the sentence imposed is excessive.
136. An appellant shall set forth in his notice of grounds Manner of
cf appeal such particulars in such manner as shall be prn- setting forth
grounds of
scribed. appeal.
137. Within three days after giving notice of appeal, Recognizance to
the appellant shall, unless he remains in custody under the be entered into.
provisions of section one hundred and thirty-nine of this
Act enter into a recognizance in the sum of twenty-five
dollars with one or more sureties acknowledged before a
magistrate and conditioned to appear and prosecute the
appeal and abide by the judgment of the Supreme Court
thereupon and pay such costs as may be by the Supreme
Court awarded. Such recognizance shall be in the pre-
scribed form:
Provided that the magistrate may accept a deposit
of money from or on account of any person in lieu of suen
surety or sureties and in such case, upon the deposit of tha
sum fixed by the magistrate, the appellant shall enter into
a recognizance in the prescribed form.
138. (1) Upon notice of appeal being given and such Procedure after
recognizance as aforesaid being entered into, the magis- notice of appeal
trate before whom the recognizance is entered into shall g







SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.

liberate the appellant if in custody, and the clerk shall,
with all convenient dispatch, transmit to the Registrar-
(a) three copies of the record, of the
proceedings, and
(b) all writings and other articles exhibited
by the witnesses or any of them inven-
toried and labelled, or otherwise marked
so that the same may be identified or.
the hearing of the appeal.
(2) For the purposes of this Part of this Act th-
record of the proceedings shall comprise such documents
as may be prescribed.
(3) On receipt thereof the Registrar shall cause
the appeal to be entered for the next convenient sitting
of the Supreme Court for the hearing of appeals and shall
notify the appellant and respondent, or their solicitors,
of the day on which the appeal will in ordinary course of
business be on the list for hearing before the Supreme
Court:
provided that where the appellant is in custody
either under a term of imprisonment imposed in respect
of the conviction or order appeal against, or under the
provisions of the next following section, the Supreme Court
shall hear ihe appeal as soon as possible.
(4) Every notification required by this section to
be given by the Registrar shall be in writing signed by
him and may be transmitted-
(a) by registered post to the solicitor of the
appellant or respondent; or
(b) by registered post to the appellant at
the address appearing on the recogniz-
antc entered into by the appellant under
the provisions of section one hundred
and thirty-seven of this Act; or
(c) by registered post to the respondent at
his last known place of abode,
and shall br denied to have been served ail the time -when
any letter so transmitted would be delivered in the
ordinary eoLr'e of p-st.
(5) After the Supreme Court has pronounced
judgement on the appeal or made any order thereon under
section one hundred and fifty-two of this Act, the Regis-
trar shall with all convenient dispatch return to the clerk
the said exhibits.
Where recog- 139. (1) Where in the case of an appeal under or
nizance n,'t
entered into. by virtue of the provisions of parlaraphs (a) or (b (t
sIIb-s ect Io. 1 i) *l',,ti' L o ;' tlriodreil ;i l thirty ni!
ilbis A\ t. an aci] ;.;ed or (eflil'(1a t shai l iwrI
given notice of appeal but is unabl) to find the
necessary surety or sureties he imay l)posecute hii
appeal willoiit entiein' into ; recognizance provided
he remains in custody pending the hearing of the ap-
peal, and in such case the magistrate shall, by warrant
under his hand, direct the appellant to be detained in cus-
tody accordingly, notwithstanding that the appellant may
have b('(n allowed imii for paym n' of any 1 )e1i1inary
penalty, and shall, in such warrant, intimate to the Super-
intendant of the Prison that notice has been aiven of
appeal.
(2) The appellant shall in such case be de-
tained in custody and may be taken without any fresh
order or warrant in custody of a constable to the Supreme
Court to attend the hearing of the appeal.
(3) Nothwithstanding anything in this sec-
tion contained, an appelant may, at any time before his
appeal is heard, enter into a recognizance in the form and
subject to the conditions in section one hundred and
thirty-sever of this Act set forth, and thereupor he shall
be liberated unless he is in custody in respect of any
other charge or matter.







SUI.PLEMENT TO OFFIC!AIL (IZET';'E, 14TH JANUARY, 1957.

140. The clerk shall, in the prescribed manner, Copy of notice
transmit to or cause to be served upon the respondent to be sent to
or Ihis solicitor a copy certified under his hand of the no- respondent.
tice of appeal, and of the grounds or appeal.
141. (1) iAn appellant may serve written notice Abandonment
upon the Registrar that he abandons his appeal and of appeal.
thereupon the provisions of section one hundred and lily-
three of this Act shall apply as if the Supreme Court had
affirmed the decision of the magistrate.
(2) The Registrar shall give notice to the clerk
and to the respondent of the abandonment of the appeal.
i42. (1) If the appellant makes default in duly per- Wh'ere. appellanl
fecting his appeal, the magistrate shall thereupon treat the makes default ;n
recognizance as forfeited and deal with the same in ac- appeal.
cordance with the provisions of this Act.
(2) If the appellant making such default has
been released from custody under the provisions of sec-
tion one hundred and thirty-eight of this Act, and if he
remains or becomes liable to be kept in custody, the magis-
trate shall at once inue a warrant for his apprehension,
in order that lie may be returned to prison accordingly.
143. (1) If, on the day of hearing or at any adjourn- Where appellant
ment of the case, the appellant does not appear, the case fails to appear.
shall be struck out and the decision shall be affirmed, un-
less the Supreme Court thinks fit, for sufficient cause, to
order otherwise.
(2) if in any such case the respondent appears,
the judgement shall be with costs of the appeal against the
appellant, unless the Supreme Court expressly orders
otherwise; but if the respondent does not appear, the
costs of the appeal shall be in the discretion of the court.
144. If, on the day of hearing and at every adjourn- WhAlii' :ppell;'nt
ment of the case, the appellant appears, the Supreme appears.
Court shall, whether the respondent appears or not, pro-
ceed to the hearing or further hearing and the determina-
tion of the case, and shall give judgment according to the
right of the case without regarding any imperfection or
defect of form: Provided that if it appears or is proved
to the Court that the appellant has not complied with the
requirements hereinbefore contained with respect to the
giving of notice of appeal, the Court shall dismiss the ap-
peal and affirm the decision, with or without costs of
appeal against the appellant.
145. On tle hearing it shall not be competent for the Appeal limited
to grounds given
appellant to go into. or to give evidence of, any other ii notice.
grounds of appeal than those set forth in his notice of
ground s of a pp;al: 'Provided that where. in thc opinion
of the Court. ohiler lgroundls oft alppial than those set forth
in tile notice of i'rouds tof appeal should have been given,
or the statenlen of rounds is defective, the( Court. in its
discretion mia;v allow such aimenidim nts of the notice of
grounds of appeal upon such conditions as to service
upon the resplondent and as to costs as it nmay think fit.
146. (1) No objection on account of any defect in Oljecctions to
the form of setting forth any ground of appeal shall be form of grounds
allowed, and no objection to the reception of evidence for appea
offered in support of any ground of appeal shall prevail,
unit s thl S1u)rmcn ( oult' s o opinion tiat tt he gro(lud of
appeal is so imperfectly or incorrectly stated as to be in-
sufficient to enable the respondent to enquire into the sub-
ject matter thereof or to prepare for the hearing.
(2) In any case where the Court is of opinion
that any objection to any ground of appeal or to the re-
ception of evidence in support of any ground of appeal
ought to prevail, the Court may, if it tdlinks fit, cause the.
ground of appeal forthwith to be amended by the Regis-
trar upon such terms and conditions, if any, as the Court
may think just.
147. If, on the hearing, it app ars that there is any Objections to
defect in form in the information, complaint or plaint, or information,
any omission or mistake in the drawing up of the convic- comlant, con-
tion. order or jdm t and if itiction or order
tion, order or judgment, and if it is shown to the satisfac-








SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.


Defects in pro-
ceedings under
appeal.
















Defects in notice
of appeal or
recognizance.









Power of tae
Court to tak-
evidence.

















Neglecting or
refusing to
appear when
summoned.





Giving of
judgment.


tioni of the Supreme Court that there was sufficient evidence
ifcore the magistrate making or giving such conviction,
order or judgment to have authorised the drawing up
thereof free from such omission or mistake, the Supreme
Court shall amend such information, complaint or plaint,
or such conviction, order or judgement, and proceed
thereafter as if no such defect, omission or mistake had
existed: Provided that nothing in this section shall affect
the provisions of section one hundred and forty-five of
this Act.
148. On any appeal from any decision of a magis-
trate, no objection shall be taken or allowed to any pro-
ceeding before such magistrate for any defect or error
which might have been amended by such magistrate, or to
any information, complaint, plaint, summons, warrant or
other process to or of such magistrate for any alleged defect
therein in substance or form, or for any variance between
any information, complaint, plaint or summons and the
evidence adduced in support thereof before such magis-
trate: Provided that if any error, defect or variance men-
tioned in this section appears to the Shpreme Court at
the hearing of any appeal to be such that the appellant
has been thereby deceived or misled, it shall be lawful for
the Supreme Court either to refer the case back to the
magistrate with directions to re-hear and determine the
same or to reverse the decision appealed from or to make
such other order for disposing of the case as justice may
require.
149. No objection shall be taken or allowed, on
any appeal, to any notice of appeal which is in writing or
to any recognizance entered into under this Act for the
due prosecution of such appeal for any alleged error or
defect therein; but if any such error or defect appears to
the Supreme Court to be such that the respondent on such
appeal has been thereby deceived or misled, it shall be
lawful for the court to amend the same, and, if it is ex-
pedient to do so, also to adjourn the further hearing of
such appeal, such amendment and such adjournment (if
any) being made on such terms as the Court may deem
just.
150. The Supreme Caurt may, in any case where
it may consider it necessary that evidence should be
adduced, either -
(a) order such evidence to be adduced before
the Court on some day to be fixed in that
behalf;
(b) order such evidence to be given by affidavit
or
(c) refer the case back to the magistrate to take
such evidence, and may in such case either
direct the magistrate to adjudicate afresh
after taking such evidence and subject to
such directions in law, if any, as the Court
may think fit to give, or direct him, after
taking such evidence, to report specific
findings of fact for the information of the
Court; and on any such reference the case
shall, so far as may be practicable and
necessary, be dealt with as if it were being
heard in the first instance.
151. Every person who, being duly summoned to
appear and give evidence upon any appeal, neglects or
refuses without lawful excuse to appear at the time
and place specified in the summons, or who, having
appeared, refuses without lawful excuse to give evidence
or to answer any question put to him by the Supreme
Court, shall be liable, on the order of the Court, to a
fine of one hundred dollars, or to imprisonment for
three months.
152. (1) On the conclusion of the hearing, the
Supreme Court shall, either at the same or any subsequent
sitting of the Court, pronounce judgment on the appeal.







SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.


(2) In giving judgment, the Supreme Court


may-


p
;I
11


(a) affirm, modify, amend or reverse the
conviction, order or decision, either in
whole or in part, and, if the Court thinks
that a different sentence should have been
passed, quash the sentence passed by the
magistrate and pass such other sentence
warranted in law (whether more or less
severe) in substitution therefore as the
Court thinks should have been passed; or
(b) if any omission or mistake is made in
drawing up any conviction, order or
judgment, and it is shown to the sat-
isfaction of the Court that sufficient
grounds were in proof before the mag-
istrate making the conviction or order
or giving the judgment to have author-
ised the drawing up thereof free from
such omission or mistake, amend such
conviction, order or judgment and ad-
judicate thereon as if no such omission
or mistake existed; or
(c) refer the case back to the magistrate
with directions to re-hear the same, or
otherwise to deal with the same as the
Court may think just and thereafter
either to return the ease to the Court for
further hearing and determination, or to
determine the same, as the Court may
think fit, or refer the case back as men-
tioned in section one hundred and fifty
of this Act; and in every such case the
provisions of paragraph (c) of section
one hundred and fifty of this Act shall
apply; or
(d) make such other order for disposing of
the case as justice may require.
(3) The Supreme Court may, so far as may
be necessary for doing complete justice between the parties
review any order made by the magistrate.
153. (1) After the pronouncing of the judgment E
of the Supreme Court, and subject to the provisions here- i
after in this section contained, the magistrate from whom
the appeal came shall have the same jurisdiction and
power to enforce, and shall enforce, any conviction, order
or judgment which may have been affirmed, modified,
amended or substituted by the Supreme Court, or any
judgment which may have been pronounced by the Court,
in the same manner in all respects as if such conviction,
order, or judgment had been pronounced by himself:
Provided that in any case where an order for the im-.
prisonment of any person is affirmed on appeal, whether
with or without modification or amendment, or where the
Supreme Court orders the imprisonment of any person,
the Court may, if it considers it expedient to do so, forth-
with commit such person to prison in pursuance and in
execution of such order.
(2) The imprisonment of such person (if
he is not actually in custody at the time) shall be reck-
oned to begin from the day on which he is in actual cus-
tody in the prison in which he may have been ordered to
be imprisoned; and if he is actually in custody, from the
day the order for his imprisonment is affirmed, unless the
Supreme Court otherwise directs.
154. Subject to the provisions of this Act, the Su-
preme Court may make such order as to the costs of any ,
case both before the magistrate and in the Supreme Court t
as it may think just.


owners of Court
n giving
judgment.







































enforcing of
judgment.























General power
)f the Court as
0 costs.








SUPPLEMENT TO OlFFTClAL \AZETTE, 14TII JTANIUAIY, 19!7.


Costs ill aa11ln-
donment or
withdrawal of
appeal.


Payment of
costs.





Enforcement of
order for costs










Act 1 99-,.






Statement
of case,


155. Where an appeal is abandoned or withdrawn
the Supreme Court may, on proof of notice of appeal hav-
ing been given to the respondent, order that he shall re-
ceive such costs as the Court may think fit, notwithstand-
ing that the appeal has not been entered or prosecuted.
15G. Where any order as to costs is made by the
Supreme ('Curt against either party to an appeal, such
costs shall Ie payable to the clerk of the district from
which the appeal came, and shall be by him paid over to
the party entitledd to the same, and in the absence of any
special diirction of the Court to the contrary, such costs
shall be payable forthwith.
157. !f any such costs are not paid within the time
limited by this Act or ordered by the Supreme Court, the
clerk shall, on the application of the person entitled to
the same or of any person duly authorized on his behalf.
Trant i1o such party a certificate that such costs have no-
oeen paid, and. upon production of such certificate to any
magistrate of the district fiom whiih t!, appeal c n.,
such magistrate shall enforce the payment of such costs-
(a) in the case of an appeal, under paragraph
(c) o' secltii one hundred a:nd thirty o1
this Act. in the manner and subject 1o the
conditions laid down in Part IV of the Petty
Debt Act. 1899 with respect to execution.
(b) in the case of any other appeal, in the man-
ner and subject to the conditions laid down
in Part VI of this Act with respect to a,
sumn of money adjudged to be paid by a con-
viction or order.
15s. 1 Aft er the hearing and dci eimina1i ion of
sny information, complaint or plaint, the magistrate may,
in his discretion, on the application of either party te
such inuforimtioni. complaint or plaint or on his own mi)-
tion without such application, state a case on any point.
of law arising in the case for the opinion of the Supreme
Court. The statement of facts in such case so stated shall,
for the purpose of the determination thereof, be conclu-
sive.
(2) if the case is stated on. the application of
a. party, such party (hereinafter called the appellantnt)
shall, at the time of making his application, before the
case is stated, enter into a recognizance in the sum of
twcity -'ive dollars in the prescribed form with one or
more sureties acknowledged before the magistrate and
conditionedd to appear and prosecute his appeal apd tc
abide by thefl judgment of the Supreme Conurt thereupon
and pay such costs as may be by the Supreme Court
awarded.
(3) If the appellant is in custody. he shall be
liberated upon such recognizance being entered into.
(4) The Attorney General may, by notice in
writing' under his hand, require a magistrate to state a
case on any point of law, and, on receipt of such notice.
the magistrate shall state such ease accordingly.
(51 The case so stated shall be transmitted to
the Registrar of the Supreme Court in a similar manner
and with the same notice to the parties as in a case on
appeal under this At.
(6) Nothing herein contained shall be con-
strued to prevent either party in such a case appealing
as to any determination of fact or any question of law
rot raised in the case stated by the magistrate; but such
appeal shall be in such event independent of the ease
stated.
(7' The Supreme Court may remit any case
stated under the provisions of this section to the magis.
rate stating the same for further information from such
magistrate.
(8) 'lhe Supreme Court shall hear and deter-
mine the questions of law arising on the case stated, and







SUPPLEMENT TO OFFICIAL GAZETTE, 14T1[ JANUARY, 1957.


the provis'ion.i of this Act with respect to the hearing and
judgment of appeals and of all matters incidental thereto
shall, so far as applicable, apply to a case stated under
this section.
159. Nothing in this Part of this Act shall affect
the right of any person tp appeal after the conmrnce-
ment of this Act against any decision of any Police Mag-
istrate or Judge of a Petty Debt Court, given before the
ncmnmencement of this Act, in accordance with the pro-
visions of Part III of the Assistant Court of Appeal Act,
1900.
Provided that any such appeal shall be heard
by the Supreme Court who shall have, for the purpose
ot such appeal, all the jurisdiction and powers formerly
vested in the Assistant Court of Appeal.

PART X-MISCELLANEOUS

LoI. 1) Ain proceedings pending bI fore iny l'o-
hee Magistrate or Judge of any Petty Debt Court at the
commencement of this Act shall be prosecuted, continued
and completed before the appropriate magistrate appoint-
ed under the provisions of this Act, and all the provisions
of this Act shall ll.-r. Itt.r apply to such proceedings.
(2) If any difficulty arises with respect to the
foregoing transitory provisions, the Chief Justice may
by order make such provision as may appear to him. ne-
cessary for preventing anomalies during the period af-
fected by the transition.
161. (1) The Judicial Advisory Council established
under section forty-one of the Supreme Court of Judica-
ture Act, 195G may make rules for regulating and pre-
seribing the procedure and practice to be followed in
proceedings before a magistrate, and, without prejudice
to the generality of the foregoing, such rules may make
provision as to -
(a) the practice and procedure of magistrates
in exercising functions preliminary or in-
cidental to proceedings before them;
(b) the service and execution of process issued
for the purposes of any proceeding before
a magistrate;
(e) the keeping of records of proceedings be-
fore magistrates and the manner in which
things done in the course of, or as prelimi-
nary or incidental to, any such proceedings.
or any proceedings on appeal from magis-
trates, may be proved in any legal pro-
ceedings;
(d) the functions of clerks for the purpose of
securing the attendance of persons Io,
over conditionally by examining magis-
trates to attend a trial on indictment;
(e) the furnishing of copies of depositions, and
of uhe inf rmalioIn (if it i< in writiil') to
;i pJelson eoiiniiitil \'iv trinil;
i ) Vw'hicih milaistrate shall have juriili.iction i
hear any complaint;
(g) the matters additional to those specified in
section seventy-four of this Act on com-
plaint for which a magistrate shall have
power to make an order with the consent of
the defendant without hearing evidence.
(h) any matter which by this Act is stated to
be prescribed.
(2) When any Act expressly confers jurisdic-
tion on any magistrate to hear a complaint, rules made
under paragraph (f) of the preceding subsection shall
not take away that jurisdiction, but may extend it to any
oilher magistrate.


Appeals against
decision given
before com-
mencement of
Act.

Act 1900-2


Provision for
pending pro-
ceedings.









Rules.

Act 1956-56.








SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.


Act 1899-3.



Repeal.





















Consequential
amendments.



Construction of
references to
Police Magis-
trates and Petty
Debt Judges.








Commencement.


(3) Nothing in this Act shall affect any rule
made under the Petty Debt Act, 1899, but any such rule
shall, if in force at the commencement of this Act, con-
tinue in force and shall have effect and may be amended,
repealed or. revoked, as if made under this Act.
162. (1) The enactments mentioned in the Fifth
Schedule to this Act are hereby repealed to the extent
specified in the second column of that Schedule.
(2) Nothing in this repeal shall affect any pro-
cess or certificate issued, recognizance entered into or
anything done under any enactment repealed by this Act;
but any such process, certificate, recognizance or thing
shall, so far as it is in force at the commencement of
this Act, continue in force, and so far as it could have
been made, issued, entered into or done under the cor-
responding provision of this Act or the rules, have effect
as if it had been made, issued, entered into or done under
that corresponding section.
(3) Any document referring to an enactment
repealed by this Act shall be construed as referring to
the corresponding provision of this Act or the rules.
(4) If any difficulty arises with respect to the
foregoing transitory provisions, the Chief Justice may
by order make such provision as may appear to him neces-
sary for preventing anomalies during the period affected
by the transition.
163. The enactments mentioned in the Sixth Schedule
to this Act shall have effect subject to amendments speci-
fied in that Schedule, being amendments specified in
that Schedule, being consequential on the provisions of
this Act.
164. All enactments relating or referring to Police
Magistrates or to Judges of the Petty Debt Courts, and
wherein any such Police Magistrate, Police Magistrate's
Court, Judge or Court is referred to, shall be construed
and have effect as if-
(a) instead of such Police Magistrate or Police
Magistrate's Court, a magistrate appointed
under this Act had been referred to and
(b) instead of such Judge or Court a magis-
trate appointed under this Act and sitting
for the exercise of his civil jurisdiction, had
been referred to.
165. This Act shall come into operation on such day
as the Governor may appoint by proclamation in the Offi-
cial Gazette, and different dates may be appointed for
different provisions of this Act.

Read three times and passed the General Assembly,
this twenty-first day of August, one thousand nine hun-
dred and fifty-six.

KENMORE N. RI. HUSBANDS
Speaker.

Rcad three times and passed the Legislative Council
the fifth day of November, one thousand, nine hundred
and fifty-six.
H. G. MASSIAH,
Senior Member Presiding.


I assent,
R. D. H. ARUNDELL,
Governor.
15th November. 1956






SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.


FIRST SCHEDULE

MAGISTERIAL DISTRICTS
Section 6


The Island is hereby divided into the following mag-
isterial districts, that is to say-

District A, comprising the City of Bridgetown, the
Careenage, Carlisle Bay, Pelican Island, the rural part
of the parish of Saint Michael, and the portion of the
parish of Christ Church which lies -o the west of a line
Irawn from the point where the parishes of Saint Michael,
Saint George and Christ Church touch each other, to the
point where the entrance to Adams Castle Plantation
joins the main road, and to the west of the road which
joins this point with the main road from Bridgetown to
Oistins, and to the west of a line drawn due south from
this point to a pillar of stone which has been erected near
the seashore by the Public Works Department;

District B comprising the parishes of Christ Church
and Saint George, with the exception of the portion or
the parish of Christ Church included in District A;

District C comprising the parishes of St. Philip and

Saint John;

District D comprising the parish of Saint Thomas;

District E comprising the parishes of Saint Peter,

Saint Lucy and Saint James.

District F comprising the parishes of Saint Andrew

and Saint Joseph.







SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.


SECOND SCHEDULE

CORPORATIONS
Section 63.

1. A magistrate may commit a corporation for trial
by an order in writing empowering the prosecutor to
prefer a bill of indictment in respect of the offence named
in the order.

2. An order under the preceding paragraph shall
not prohibit the inclusion in the bill of indictment of
counts that under section three of the Abolition of Grand
Juries Act, 1950 may be included in the bill in substitu-
tion for or in addition to counts charging the offence
named in the order.

3. A representative may on behalf of a corporation-

(a) make a statement before an examining
magistrate in answer to the charge;
(b) consent to summary trial under the provis-
ions of section forty-nine of this Act.

4. Subject to the preceding provisions of this
Schedule, the provisions of this Act relating to the inquiry
into and trial of indictable offences shall apply to a cor-
poration as they apply to an adult.

5. Where a corporation is charged jointly with an
individual with an offence before a magistrate and if the
offence is not a summary offence, but one that may be
tried summarily with the consent of the accused, the
magistrate shall not try either of the accused summarily
unless each of them consents to be so tried.

6. For the purposes of this Schedule, the expression
"representative" in relation to a corporation means a
person duly appointed by the corporation to represent it
for the purpose of doing any act or thing which a repre-
sentative of a corporation is, under the provisions of this
Schedule, authorised to do, but a person so appointed
shall not by virtue of being so appointed, be qualified
to act on behalf of the corporation before any court for
any other purpose.

A representative for the purposes of this Seheduleit
need not be appointed under the seal of the corporation,
and a statement in writing purporting to be signed by a
managing director of the corporation, or by any person
(by whatever name called) having, or being one of the
persons having, the management of the affairs of the cor-
poration, to the effect that the person named in the state-
ment has been appointed as the representative of the cor-
poration for the purposes of this Schedule shall be ad-
missible without further proof as prima facie evidence
that that person has been so appointed.








SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.

THIRD SCHEDULE
Section 70(2)
Enactments relating to proceedings which shall
be brought or instituted by way of complaint.


Short title


The Three Houses Spring Act, 1713.

The Publication of Statutes Act, 1854.

The West Indian Church Association
Act, 1857.

The Coinage (Offences) Act, 1868.

The Barbados Chamber of Commerce
(Incorporation) Act, 1868.

The Thorne's Jetty Act, 1873.

The Manchester Unity, Friendly So-
ciety (Odd Fellows) Act, 1874.

The Barbados Samaritan Charitable
Society Act, 1874.

The Ancient Order of Foresters
Friendly Society Act, 1878.

The Barbados Fire Insurance Com-
pany Act, 1881.

The Petroleum Act, 1887.

The Agricultural Society's Act, 1890.

The Apprentices Act, 1890.

The Market and Butcher's Act, 1890.



The Bridgetown, Speightstown and
Holetown Act, 1891.



The Waterworks Act, 1895.



The Married Woman's Act, 1896.

The Landlord and Tenant Act, 1897.



The Electric Light and Power
Act, 1899.


The Parish Constables Act, 1900.


Proceedings to which section
70(2) applies

Under sections two, four and six.

Under sections three and four.

Under section nine.


section twenty-five.

section five.


Under

Under


Under section two.

Under sections five and six.


Under section five.


Under sections five, seven and
eighteen.

Under section thirty-five.


Under section twenty-two.

Under section seven.

Under section five.

Under subsection (4) of section
twenty-nine, and under section
forty.

Under subsection (5) of section
three, subsection (2) of section
six, and subsection (2) of section
thirteen.

Under subsection (2) of section
thirtyl-five, section fifty-two,
and section fifty-seven.

Under section five.

Under section forty-three against
the owner of a house, room or
land for the recovery of a
penalty.

Under section fifteen, subsection
(3) of section twenty-seven, and
section thirty-two.

Under subsection (4) of section
nine.








SUPPLEMENT TO OFFICIAL GAZETTE, 14TIH JANUARY, 1957.


Short Title


The Representation of
Act, 1901.

The District Auctioneers A


The Fisheries Regulation

The Provost Marshal's Act,


Proceedings to which section
70(2) applies


the People Under section thirty-five against tho
Accountant General.

,ct, 1904. Under sections eight, nine, twenty-
one, twenty-two and twenty-three.

Act, 1904. Under Part II.

1904. Under section twenty-eight.


The Prevention of Cruelty to Children Under subsection (4) of section five
Act. 1904. and subsection (4) of section seven.


The Copyright (Works of Art) Act,
1905.

The Electric Light and Power (Provi-
sional Orders Confirmation) Act,
1907.






The Western Star and Saint Michael
Diamond (Incorporation) Act,
1908.

The Police Act, 1908.



The Westbury Cemetery Act, 1908.



The Livesay Comet (Incorporation)
Act, 1908.

The Myrtle Flower Lodge (Incorpora.
tion) Act, 1908.

The Fire Brigade Act, 1908.



The Harbour and Shipping Master Act,
1909.

The Gas Works Act, 1911.




The Anglican Church Act, 1911.


The Barbados Automobile Association
Act 1913.


Under section eleven.


Under subsection (7) of section ten,
subsection (1) of section twenty,
sections twenty-two and twenty-
nine, subsection (2) of section
thirty-six, sections thirty-eight
forty-three, forty-six, subsection
(3) of section forty-eight, sub
section (3) of section fifty-four,
sections fifty-five and fifty-eight.

Under sections five and eighteen.



Under sections twenty-six, twenty-
seven, twenty-eight, thirty-three,
forty-five.

Under sections nineteen, thirty-three
thirty-four, thirtyfi1ve and thirty
nine.

Under section five.


Under section five.


Under sections twenty-four, twenty-
five and subsection (4) of section
forty-two.

Under section twenty-one.


Under sections nine, eleven, twelve,
twenty, twenty-one, twenty-five,
twenty-eight, twenty-nine, thirty
and thirty-four.

Under sections seventy-six and ond
hundred and eleven.

Under section five.







SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.


Short Title


The Corinthian, The Composite and
The Archers' Pride Lodges (In-
corporation) Act, 1915.

The Helping Hand Insurance Society
Act. 1919.

The Almair Home Act, 1921.

The Girls' Industrial Union Act, 1922.

The Barbados Produce Exporters
Association (Incorporation) Act,
1925.

The Reformatory and Industrial School
Act, 1926.

The Barbados Horticultural Society
Act, 1928.

The Cotton Diseased Prevention Act,
1928.

The Barbados Dairy and Stock
Breeders' Association Act, 1929.

The Barbados Telephone Company's
Act, 1930.

The Barbados Co-operative Produce
Marketing Association Act, 1931.

The Barbados Museum and Historical
Society Act, 1933.

The Barbados Cricket Association
Act, 1933.

The Barbados Cotton Growers Associa-
tion Act, 1935.

The Bridgetown Housing Act, 1936.


The Chalky Mount Arrowroot Growers
Association Act, 1937.

The Young Men's Progressive Club
Act, 1938.

The Cable and Wireless (West Indies)
Limited Act, 1939.

The Dairies Act, 1941.


The Love Vine (Eradication) Act.
1943.

The Sugar Cane Mosaic Disease (Eradi
cation) Act, 1943.

The Barbados Poultry Association Act,
1945.

The Pioneer Industries (Encourage-
ment) Act, 1951.


Proceedings to which section
70(2) applies

Under sections five, seven and
eighteen.


Under section eleven.


Under sections six and eleven.

Under sections six and nine.

Under section five.



Under section forty-eight.


Under section six.


Under section eleven.


Under section five.


Under sections six and eight.


Under section five.


Under section five.


Under section five.


Under section five.


Under subsection (5) of section
eight.

Under section five.


Under section five.


Under section fifteen.


Under subsections (3) and (4) of
section four.

Under subsection (2) of section
six.

Under subsection (2) of section
thirteen.

Under section five.


Under subsection (6) of section
nine.


L


L


!







SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.


FOURTH SCHEDULE

Section 84

MAXIMUM PERIODS OF IMPROVEMENT IN
DEFAULT OF PAYMENT

1. Subject to the following provisions of this Sche-
dule the periods set out in the second column of the
following Table shall be the maximum periods applicable
respectively to the amounts set out opposite thereto, being
amounts due at the time the imprisonment is imposed.

TABLE


For any sum not exceeding one cotiar
and fifty cents


Exceeding the last but
three dollars

Exceeding the last but
ten dollars

Exceeding the last but
twenty-five dollars

Exceeding the last but
fifty dollars


not exceeding
two weeks

not exceeding
one month


not exceeding


two months


not exceeding
three months


Exceeding the last but not exceeding
one hundred and fifty dollars

Exceenmg the last but not exceeding
two huImdred and fifty dollars .


Exceeding the last


four months


six months


one year


2. Where the amount due at the time imprisonment
is imposed is so much of a sum adjudged to be paid by
a summary conviction as remains due after part payment,
the maximum period applicable to the amount shall be the
period applicable to the whole sum reduced by such num-
ber of days as bears to the total number of days therein
in the same proportion as the part paid bears to the whole
sum.

Provided that in calculating the reduction required
under the paragraph any fraction of a day shall be left
out of account and the maximum period shall not be
reduced to less than five days.

3. The maximum period applicable to a sum due
under an order made on complaint shall be six weeks.


one week







SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.


FIFTH SCHEDULE


Short Title


The Forcible and Clandestine Entries
Act, 1667.









The Larceny Act, 1868.

The Malicious Injury to Property Act,
1868.

The Debtors Act, 1879.

The Barbados Fire Insurance Com-
pany Act, 1881.




The Pawnbrokers Act, 1885.


The Apprentices Act, 1890.

The Prisons Act, 1890.




The Gaming Act, 1891.






The Landlord and Tenant Act, 1897.

The Settlement of the Poor and Bas-
tardy Act, 1897.


Section 162 (1)

Extent of Repeal


In section two the words "And the
Police Magistrates who shall here
fail of executing .as is hereby re-
quired, shall forfeit fifty pounds
sterling money, the same to be re-
covered by action of debt by him
that shall inform thereof, and sue
for the same; the one half to the
Public Treasury for the use of the
Island, and the other half to the
informer".

Section ninety-four.

Sections forty-nine and fifty-two


Schedule C.

(i) In section thirty-five commenc-
ing with the words "and on
complaint" down to the end
of the section.
(ii) Sections thirty-six to forty-one.
inclusive.

Sections forty-three, forty-nine and
fifty.

Section eight.

(i) Section thirty-seven.
(ii) In section thirty-eight com,
menacing with the words "and
when notice" down to the end of
the section.

In sections two and three the words
"provided always that it shall be
lawful for any sergeant or cor-
poral of police to take bail for the
appearance of such person instead
of detaining him in custody as
aforesaid'.

Section forty-one.

(i) In Section four commencing with
the words "to the Assistant
Court of Appeal" appearing in
the eighth and ninth lines
thereof down to the end of
the section.


(ii) Section ten.







SUPPLEMENT TO OFFICIAL GAZETTE, 14TII JANUARY, 1957.


Extent of Repeal


The Petty Debt Act, 1899.











The Cruelty to Animals Act, 1903.

The Marriage Act, 1904.




The Police Magistrates Act, 1905.

The Rum Duty Act, 190G


The Police Act, 1908.


The Interim Traders Act, 1909.

The Liquor Licences Act, 1909.


The Trade Act, 1910


The Reformatory and Industrial School
Act, 1926.

The Coroners Act, 1932.

The Shops Act, 1945.


The Quarantine Act, 1947.


Sections three, five, six, seveu,
eight, nine, ten, sixteen, eighteen,
the proviso to section thirty-
seven, sixty-two, sixty three,
sixtyour, sixty o, si -seven, seventy-
three in section seventy-six coin-
mencing with the words Subject
and without prejudice" down to
and including the words exceed
ten pounds." appearing in the
tent line thereof, and til
Schedule.

Section sixteen.

In section thirty the words "'shall
be paid to him for his ),wn us-,
and i11 fees payable to ine is-
sistan': Court of Appeal."

The Whole Act.

Section one hundred and two and
Form J in the Schdule.

Sections eighty-one, eighty two and
eighty-three.

Section six.

Subsection (12) of section five and
section twenty-nine.

Sections one hundred and fifty-five
and one hundred and fifty-six.

Section fifty-six.


Section ten.

Paragraph (e) of section twenty-
two.

Section twelve and the Third Sche-
dule


Short Title







SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.


SIXTH SCHEDULE
Section 163

CONSEQUENTIAL AMENDMENTS.
PART I GENERAL
The Larceny Act, 1868

In section twenty two for the words "tventy-one
shillings" there shall be substituted d the word:: "fifty
dollars'' and for the words "ten pounds" there shall be
submitted the words "one hundred dollars"
In section twenty-thren for the words "twenty-onut
shillings" there shall be substituted the words "fifty
dollars''

The Venerable and Ancient Samaritan
Society Act, 1875

In section nine for the words "in the Petty Debt
Court" there shall be substituted the words "before a
magistrate for the City."

The Ancient Order of Foresters Friendly
Society Act, 1878.

In section twelve for the words "in the Petty Debt
Court" there shall be substituted the words "before a
magistrate for the Ciiy."

The Fire Enquiry Act, 1879.

In section eight for the words "Police Magistrate,,
Act, 1905" there shall be substituted the words "Magis
rates' Jurisdiction and Procedure Act, 195(i.

The Debtors Act, 1879.

In section twenty-two for the words colnmmening with

"Petty Debt Courts" down to the end of th!:. section,
there shall be substituted the words "Magistrates' Courts
are concerned the fees shall be such as may be prescribed
under the Magistrates' Jurisdiction and Procedure Act,
1956."

The Industrial & Provident Societies Act, 1888.

In subsection (4) of section thirteen after the word
"Jurisdiction" appearing in the fourth line thereof
there shall be inserted the words "in the exercise of its
civil Jurisdiction."
In subsection (2) of section eighteen for ihe words
"Police Magistrates Act, 1905" there shall be substituted
the words "Magistrates' Jurisdiction and Procedure Act,
1956."
The Prisons Act, 1890

In section sixteen for the words "one of thi Judges
of the Assistant Court of Appeal" there shall be subsli-
tuted the words "a magistratee"

The Married Woman's Act, 1895.

In section thirty-one foi references to a "Jldge oi
the Petty Debt Court" or "Petty Dett Court" there
shall be substituted references to a "magistrate sitting
for the exercise of his civil jurisdiction."








SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.

The Landlord and Tenant Act, 1897.

In section forty-eight for the words commencing wica
"the following fees" down to the end of the section there
shall be substituted the words "such fees as may be pre-
scribed under the Magistrates' Jurisdiction and P'rocectmar
Act, 1956; provided always that the fees of a magistrate
shall be paid into the Public Treasury 'or the use of tie
Island."

The Petty Debt Act 1899

In section thirteen for the words "five pounds" there
shall 1;e substituted the words "twenty-five dollars."

In section fifteen for the words "ten pounds" there
shall be substituted the words "fifty dollars."

In section twenty-six for the word "agent" wherever
it appears there shall be substituted the words "solicitor or
counsel. "

In section thirty-six --
(i) there shall be inserted after the words "plain-
tiff or" appearing in the fourth and nine-
teenth lines, and after the words "he or"
appearing in the fifth line, the words "h.i
solicitor or counsel or, in approved cases;;"
(ii) for the words "someone duly authorised on
his behalf" appearing in the twenty-first line,
there shall be substituted the words "or his
solicitor or counsel or, in approved cases, his
agent;"
(iii) for the words "ten shillings" there shall be.
substituted the words "five dollars."

In section forty-four the words "to the Assistant Court
of Appeal" shall be deleted.
In section forty-eight for the words "fifty shillings"
there shall be substituted the words "fifteen dollars."
III section fifty-four for the words "five pounds" there
shall be substituted the words "twenty-five dollars."

In section sixty-five for the words "preceding sections
of this Act" there shall be substituted the words "provi-
sions of the Magistrates' Jurisdiction and Procedure Act,
1956."
In section sixty-eight for the words "twenty pounds"
there shall be substituted the words "two hundred and
fifty dollars."

In section seventy-one for the words "Petty Debt
Courts-Moniey Account" there shall be substituted the
words "Magistrates Courts (Civil Jurisdiction) Money
A count."
In section seventy-six for the words "ten shillings'
there shall be substituted the words "two dollars and
fifty cents".

The Highways Act, 1900

In section twenty-two for the words "Assistant Court
of Appeal Act, 19f00" there shall be substituted the words
"Magistrates' Jurisdiction and Procedurc Act, 1956."








SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.

The Lepers Act, 1904

In subsection (2) of section nine the words "to the
Assistant Court of Appeal" shall be deleted.

The Evidence Act, 1905

In paragraph (h) of section four for the words "pro-
visions of paragraph (2) of section twenty-eight of the
Police Magistrates' Act, 1905" there shall be substituted
the words "giving in evidence of any statement made by
an accused person under the provisions of any other en-
actment. '

The Police Act, 1908

In section fifty the words "to the Assistant Court of
Appeal and from that Court to the Court of Error in the
usual course" shall be deleted.

The Liquor Licenses Act, 1909

In subsection (9) of section five for the words "Police
Magistrates Act, 1905" there shall be substituted the words
"Magistrates' .Jurisdiction and Procedure Act, 1956," and
for the words "summary offences" there shall be substi-
tuted the word "complaints."

In subsection (11) of section five for the words from
"the right of appeal" down to the end of the subsection
there shall be substituted the words "a right of appeal in
accordance with the provisions of the Magistrates' Jurisdic-
tion and r ocedure Act, 1956."

The Juvenile Offenders Act. 1932

In section nine for the words "Police Magistrates Act,
1905" there shall be substituted the words "Magistrates'
Jurisdiction and Procedure Act 1956."

In subsection (6) of section ten for *he words "to th'
Assistant (ourt of Appeal" there shall be substituted the
words 'in accordance with the provisions of the Magis-
trates' N.urisdiction and Procedure Act, 1956."

The Bridgetown Housing Act, 1936

In subsection (5) of section eight for the words "in
the Ianner prescribed by the paragraph numbered (5) in
section forty of the Magistrates Act, 1905" there shall be
suLstitiited the words "as money due under an order made
on complaint in accordance with the provisions of the
Magistrates' Jurisdiction and P'rocedure Act 1956."

The Probation of Offenders Act, 1945

In paragraph (a) of subsection (2) of section five for
llie words "Police Magistrates Act, 1905, for enforcing the
payment of any penal or other sum" there shall be substi-
tuted the words "M'agistrates' Jurisdiction and Procedure
Act, 1956, for enforcing payment of a' sum adjudged to be
paid by conviction."

In section six for the words commenting with "to the
Assistant (ouirt of Appeal" down to the end of the section
ihere shall be substituted the words "iii accordance wiJh
the provisions of the Magistrates' Jurisdiction and Pro-
e-dunre Act, 1956".







SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.

The Abolition of Grand Juries Act, 1950

In paragraph (a) of subse. tion (2) of section three
the words "or sentence" shall be inserted after the word
'trial" appearing therein.

The Married Woman's (Separation and
Maintenance) Act, 1950

In subsection (1) of section seven for the words
commencing with 'either the paragraph" down to the
end of the subsection there shall be substituted the words
"in accordance with the provisions of Part VI of the
Magistrates' Jurisdiction and Procedure Act, 1956."

The Motor Vehicles Insurance (Third
Party Risks) Act, 1952

In section twenty-five for the words "under the Police'
Magistrates Act, 1905" there shall be substituted th,
words ''in accordance with the provisions of the
Magistrates' Jurisdiction and Procedure Act, 1956".

The Immigration Act, 1952

In subsection (2) of section twenty-eight the words
fiom "to the Assistant Court of Appeal" down to the end
of the subsection shall be deleted.
In subsection (5) of section twenty -eight the words
to the Assistant Court of Appeal" shall be deleted.

The Public Health Act, 1954

In subsection (1) of section ninety-one for the words
commencing with "as forthwith appeals" down to the end
of the subsection there shall be substituted the words
"under the provisions of Part IX of the Magistrates'
Jurisdiction and Procedure Act, 1956; provided that the
Supreme Court shall hear the appeal as soon as possible.''

The Public Assistance Act, 1954

Inl section forty-five for the words "in the manner
provided by the Police Magistrates Act, 1905" there shall
be substituted the words "in a summary manner before a
court of summary jurisdiction."

The Adoption Act, 1955

In subsection (1) of section nine-
(i) for the word "five" there shall be substituted
the word "seven";

(ii) for the words "Assistant Court of Appeal in
its appellate jurisdiction" there shall be sub-
stituted the words "Supreme Court".
For subsection (2) of section nine there shall be
substituted the following:-
(2) Any appeal under this section shall be in
accordance with such procedure, and subject to such col-
ditions, as may be prescribed".






SUPPLEMENT TO OFFICIAL GAZETTE, 14TH JANUARY, 1957.


The Security Of Tenure Of Small Holdings
Act, 1955

In subsection (3) of section twenty-one for the words
from "Police Magistrate" down to the end of the sub-
section there shall be substituted the words "magistrate
under subsections (3) and (4) of section ninety-three of
the Mwistrates' Jurisdiction and Procedure Act, 1956.'
In subsection (8) of section twenty-eight for the words
"Assistant Court of Appeal in its appellate jurisdiction"
there shall be substituted the words "Supreme Court".

The Housing Act, 1955

In subsection (3) of section twenty-three for the words
'paragraph numbered (5) in section forty of the Police
Magistran Act, 1905" there shall be substituted the
words ''provisions of sections eighty-four to eighty-seven
inclusive of the Magistrates' Jurisdiction and Procedure
Act, 1956".
PART H

Petty Debt Act, 1899 Increase Of Jurisdiction

Section Twenty-one
For the words "twenty-pounds" and for the words
"ten poeAnd'I there shall be substituted in bolh iases
the words "two hundred and fifty dollars."

Section Twenty-two
For the words "twenty pounds" there shall be sub
stituted the words "two hundred and fifty dollars".

Section Twenty-eight
For the words commencing with "twenty pounds"
appearing in the fourth line thereof down to the end of the
section there shall be substituted the words "two hundred
and lifty dollars for which a plaint might be entered undei
this Act, may abandon the excess and thereupon shall, oil
proving his case, recover to an amount not exceeding two
hundred and fifty dollars, and the judgment of the Court
upon such plaint shall be in full discharge of all demands
in such course of action, and entry of the judgment shall
be made accordingly".

Section Forty
For the words "twenty-pounds" there shall be
substituted the words "two hundred and fifty dollars."

Section Fifty-eight
For the words "ten pounds" wherever they appear
there shall be substituted the words "one hundred and
twenty- five dollars".

Schedule
For the amount "10" wherever expressed there shall
be substituted the amount "$125."




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