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Group Title: Official gazette, Barbados
Title: The official gazette
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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
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Subject: Law -- Periodicals -- Barbados   ( lcsh )
Politics and government -- Periodicals -- Barbados   ( lcsh )
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Table of Contents
    Main
        Page 87
        Page 88
        Page 89
        Page 90
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
        Page 98
    Supplement: Shops (Amendment) Act, 1957
        Page A-1
        Page A-2
    Supplement: House of Assembly, 7th August, 1956
        Page B-289
        Page B-290
        Page B-291
        Page B-292
        Page B-293
        Page B-294
        Page B-295
        Page B-296
        Page B-297
        Page B-298
        Page B-299
        Page B-300
        Page B-301
        Page B-302
        Page B-303
        Page B-304
        Page B-305
        Page B-306
        Page B-307
        Page B-308
        Page B-309
        Page B-310
        Page B-311
        Page B-312
        Page B-313
        Page B-314
Full Text










VOL. XCII.










Ije *fflial


PUBLISHED BY


AUTHORITY


BRIDGETOWN,


BARBADOS,


11TH FEBRUARY,


NOTICE No. 67 -(second publication)
MEETING OF LEGISLATURE
The Legislative Council will meet on Tuesday
12th February, 1957 at 2.00 o'clock p.m.
The House of Assembly will meet on Tuesday
12th February, 1957 at 3 o'clock p.m.


NOTICE No. 93.
GOVERNMENT NOTICES
Resumption of Duty
The Honourable J. W. B. Chenery, Acting Chief
Justice, on the 4th February, 1957.
(MI.P.-622/S. 2 Vol. II)
A. H. Pickwoad, Labour Commnissioner, on the
1st February, 1957.
(M.'.-L. 3370)
D. A. Wiles, Permanent Secretary, Ministry of
Communications, Works and Housing, on the 4th
February, 1957.
(M.P.-L. 908)


Appointment
C. A. Ramsay, Auditor General's
to be Assistant Auditor General with
17th February, 1957.
(M.P.-7265)


Department,
effect from


Appointment of Medical Assessors
The Governor-in-Executive Committee has ap-
proved the appointment of the following persons to
be Medical Assessors:-
Dr. M. A. Byer-Director of Medical Services.
Dr. C. B. Vaughan--Representative of the Local
Branch of the British Medical Association.
(M.P. 2074/9/T. 1).

Rental of Garrison Savannah
It is notified that the Garrison Savannah has
been rented to the Honourable Sir John Chandler, the
Honourable V. C. Gale, M.L.C., D. M. Skinner, Esq.,
and rG. A. Lewis, Esq., members of the Barbados Turf
Club Committee for the 2nd, 9th and 16th March,.
1957.
.(M.P. 3063/S. 2/Vol. II)

Therapeutic Substances Act, 1949
The following firms have been added to, the list of
manufacturing firms approved for the importation of
any drug or Therapeutic Substance into Barbados:-
U.S.A. and CANADA
Chas. Pfizer & Co. Inc.
BELGIUM
Rigaux & Vanholsbeeck Inc.
(M..P. 2016/12)


NO. 12

'.': -


1957


2Y. 7 '
,^.7;^Y

fc^s


_ __ __


-- ._-- --L---- -~









OFIILGZTEFaaaV 1 97


APPOINTMENT OF THE GENERAL BOARD' OF HEALTH


His Excellency the Governor, by and with the consent of the Executive Committee, has appointed
the following to be members of the General Board of Health under the provisions of section three of the
Public Health Act, 1908 (1908-8) for the current Legislative Session:-


President ..


Dr. E. B. Carter.


From the Legislative Council..

From the House of Assembly ..


From the Commissioners of Health



Registered Medical tractitioners in ae-
tive practice in Barbados


Ex-Officio ..


The Honourable D. H. L. Ward, M.L.C.

E. St. A. Holder, Esquire, M.C.P.,
T. W. Miller, Esquire, M.C.P.

V. W. A. Chase, Esquire,
W. Haynes, Esquire.
F. C. Goddard,. Esquire, M.C.P.


Dr. A. L. Stuart and Dr. ]. Cochrane.


The Director of Medical Services.


(M.P.-2040 Vol. II)


NOTICE No. 95
THHE MOTOR VEHICLES INSURANCE
(THIRD PARTY RISKS) ACT, 1952

The Governor-in-Executive Committee has ap-
proved of the Yorkshire Insurance Company Limited
as an "Insurer" under section 2 of the Motor Vehicles
Insurance (Third Party Risks) Act, 1952.
(M.P. 3037/S. 2 Vol. II)



NOTICE No. 96

IN THE ASSISTANT COURT OF APPEAL

Re estate of
SUNNY AUSTIN BURKE,
deceased.

I hereby give notice that VIOLET AUGUSTA
BURKE of Clapham in the parish of Saint Michael
has lodged in this Court a petition for grant of Letters
of Administration of the personal estate of the above-
named Sunny Austin Burke alleging the intestacy of
the said Sunny Austin Burke and that his personality
is under the value of 50.

Any person desirous of opposing the grant of let-
ters as prayed for must appear at the above Court on
:,he 6th day of March 1957 at 10 o'clock in the fore-
noon, the time appointed for hearing the said applica-
tion.
OWEN S. SMITH,
Clerk of the Assistant Court of Appeal.



NOTICE No. 97

NOTICE

IS HEREBY GIVEN that Winston Clyde
Stewart of Deacons Road in the parish of Saint
Michael in this Island, School-teacher, has petitioned


His Lordship the acting Chief Judge, of the Court of
Ordinary of this Island for a grant of Letters of
Administration of the estate of his late wife Desmond
Rita Stewart who died in this Island on the 9th day of
January 1956, intestate.

AND NOTICE is further given that an ex part
application for such letters will be made to the, Court
of Ordinary on Friday the 1st day of March 1957 at
11 o'clock in the forenoon.

Dated this 11th day of February 1957.

IAYNES & GRIFTFITH,
Petitioner's Proctors.



NOTICE NO. 98

BARBADOS.

THE BRITISH UNION OIL COMPANY,
(Members' Voluntary Winding Up)

AT an EXTRAORDINARY GENERAL MEET-
ING of the British Union Oil Company, Limited duly
convened and held on Thursday, the 31st day of Jan-
uary, 1957 the following Resolution was duly passed
as a SPECIAL RESOLUTION of the Company,
namely:-

RESOLUTION

That the Company be wound up voluntarily
and that Mr. Robert Fawcett, Chartered Account-
ant, of Messrs. Jackson Taylor, Abernethy & Co.,
24, St. Mary Axe, London, E.C. 3, be and he is
hereby appointed the Liquidator for the purposes of
such winding up.

INVERFORTH,
in Chairman.


NOTICE NO. 94


OFFICIAL GAZETTE


FEBRUARY 11, 1957.








FEBRUARY 11, 1957.


OFFICIAL


NOTICE No. 99
BARBAIDOS.

IN THE COURT OF CHANCERY

In pursuance of the Chancery Act 1906, I do
hereby give notice to all persons having or claiming
.any estate, right or interest or any lien or incum-
brance in or affecting the property of the defendant
to bring before me 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 the
L;egistration Office, Town Hall, Bridgetown before
the 17th day of April, 1957 in order that such claims
may be reported on and ranked according to the
nature and priority thereof respectively otherwise
.*nch persons will be precluded from the benefits of any
decree and be deprived of all claims on or against
-Ihe said property.

Plaiotif : EDITH ALEXANDRINA EDGHILL_
icfendan.t: ETHEL VERDENE WILTSHIRE

Property: ALL THAT certain piece or parcel of
land situate at The Stream in the parish of Christ
Church and Island aforesaid containing by admeasure-
;ent two thousand nine hundred and fifty square feet
or thereabouts Abutting and bounding on lands now
or late of L. Roach on lands now or late of D. A. Scott
on lands now or late of Mrs. L. M. Price and on the
public road or however else the same may abut and
bound Together with the message or dwellinghouse
called LOVE COT and all and singular other the
buildings and erections on the said land erected and
built standing and being with the appurtenances.

ilU Filed: 14 January, 1957
Dated: 6 February, 1957

V. I. DeL. CARRINGTON,
Registrar-in-Chancery (ag.).

\o'rrCE No. 100
BARBADOS.
CHANCERY SALE.

The undermentioned property will be set up for
sale at the Registration Office, Town Hall, Bridge-
town, between the hours of 12 noon and 2 p.m. for the
-unm on the date specified below. If not sold it will
be set up on each succeeding Friday at the same place
and during the same hours until sold. Full particu-
ltrs on application to me.

PIlafitff: LOLEITA GILL

Defendant: EDWARD KENNETH KITCHENER
COR.BIN, Per Attorney.

.Property: ALL THAT certain piece or parcel of
land situate at Church Street in the parish of Saint
Peter in this Island containing by admeasurement
Five Acres, one rood, twenty-four and one-fourth
perches be the same more or less butting and bounding
on lands of one Walker, on lands of one Jordan of
Joshua Maloney, of Blackett, of Harris, of H. F. Ramn
say, of D. Osborne, of WV. Richards, of C. Alleyne on
a road four feet wide which leads to the public road,
on lands of Cardinal Urbane King, on lands of one
lGodding, on the Salt Pond, on lands of C. Rollock, on
lands of Clairmonte Farnum, of one Roach. of Oscar


LI GAZETTE 89

Cadogan, of L. Rollock, of estate of W. F. Rollock,
deceased, of K. N. R. Husbands, of H. Sobers, of L.
Rollock, of one Scantlebury on a road known as the
New Road, on lands of the Salvation Army, of E.
Kellman, of one Wiggins and on the Public Road
known as Chlrch Screet or however else the same
may butt and bound Together with the message or
dwelling house and all other erections and buildings
thereon both freehold and chattel thereon erected
and belonging to the defendant.

J7pset Price: 4,075 0. 0.
Date of Sale: 1st March, 1957.

V. I. DeL. CARRINGTON,
Registrar-in-Chancery (ag.).

NOTICE NO. 10 -(eleventh publication
DEPARTMENT OF EDUCATION

Government Exhibitions tenable at Government
Aided Secondary Schools-Boys and Girls
Forms of application for First Grade Exhibitions,
Primary to First Grade Exhibitions and Secon'd
Grade Exhibitions are available at the Departmcrt
of Education, Public Buildings, Bridgetown.
Senior First Grade Exhibitions
Candidates must be under 16 years of age on
June 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 of 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, 16th
February, 1957.
9th January, 1957.

NOTICE No. 63 -(third publication,)
NOTICE

IS HEREBY GIVEN that Violet Calender of Bath
Village, in the parish of Christ Church in this Island
the Attorney on record in this Island of Deighton
Atkins of 175 Halsey Street, Brooklyn 16 in the
United States of America has petitioned His Lord-
ship the Chief Judge of the Court of Ordinary of
this Island for a Grant of Letters of Administration
to the personal estate of VERE ATKINS late of
Brittons Hill in the parish of Saint Michael who
died in this Island on the 30th day of June, 1955,
intestate.
AND NOTICE IS further given that an
ex parte application for such Grant of Letters of
Administration will be made to the Court on Friday
the 15th day of February, 1957 at 11 o'clock in the
forenoon.
Dated this 1st day of February, 1957.

E. D. ROGERS,
Petitioner's Proctor.








90 OFFICIAL GAZETTE


NOTICE NO. 70 -(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 claiming
any estate, right or interest or any lien or incum-
brance in or affecting the property of the defendant
to bring before me an account of their claims with
their witnesses documents and Vouchers to be
examined by me on any Tuesday or Friday between
the hours of 12 noon and 3 o'clock in the afternoon
at the Registration Office, Town Hall, Bridgetown
before the 10th day of April 1957 in order that such
claims may be reported on and ranked according to
the nature and priority thereof respectively other-
wise such persons will be precluded from the benefits
of any decree and be deprived of all claims on or
against the said property.

Plaintiff: CYRIL BRUCE BROOKS
Defendants: RUSSELL SIMPSON
EfTHEL CLEMESHA
LORRAINE STADLE
J. LISLE MARSHALL
By their Attorney
CASPER CARLTON GALE

Property: ALL THAT certain piece or parcel of
land situate in the parish of Saint Joseph and Island
aforesaid containing by admeasurement, Two acres
thirty seven and one half perches be the same more
or less butting and bounding on the lands of Spring
field Plantation, on lands of one Roach, on lands
of one Gill and on the Public Road or however else
the same may butt and bound.
BILL FILED: 18 January, 1957
DATED: 1st. February, 1957.
V. I. DeL. CARRINGTON,
Registrar-in-Chancery (Ag.)

NOTICE No. 71 -(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 claiming
any estate, right or interest or any lien or incum-
brance in or affecting the property of the defendant
to bring before me an account of their claims with
their witnesses documents and Vouchers to be
examined by me any Tuesday or Friday between
the hours of 12 noon and 3 o'clock in the afternoon
at the Registration Office, Town Hall, Bridgetown
before the 10th day of April 1957 in order that such
claims may be reported on and ranked according to
the nature and priority therefore respectively other-
wise such persons will be precluded from the benefits
of any decree and be deprived of all claims on or
against the said property.
Plaintiff: ERNEST LISLE WARD Executor
and Trustee and Personal Represen-
tative.
Defendant: EDWARD DANIEL CUTHBERT
ROGERS
Property: ALL THAT certain piece or parcel of
land situate in a district called Headings in the par-
ish of Saint Philip in this island containing by
admeasurement one acre three roods two and one-
half perches or thereabouts (inclusive of three perches
in the Public Road) Butting and bounding on the


East on lands of Carol Fields, on the South on
lands of Mr. Lyte on the West on lands of Mary E.
Williams and on the North on the Public Road or
however else the same may butt and bound together
with the message or dwellinghouse thereon.
BILL FILED: 16th January, 1957
DATED: 1st. February, 1957.

V. I. DeL. CARRINGTON,
Registrar-in-Chancery (Ag.)


NOTICE NO. 72


-(second publication)


NOTICE

IS HEREBY GIVEN that Ethel Glencora Blackett
of Around-the-Town, Speightstown in the parish of
Saint Peter, in this Island, is petitioning the Hon-
ourable Court of Ordinary of this Island for a grant
of Letters of Administration to the estate of her
deceased son Ernest Nathaniel Blackett, who died in
this Island on the 16th day of January 1957.
AND FURTHER TAKE NOTICE that an ex parte
application for such Letters of Administration will
be made at the sitting of the said Court on Friday
the 22nd day of February 1957 at 11 o'clock in the
forenoon.

Dated this 6th day of February 1957.

F. StC. HUTCHINSON,
Petitioner's Proctor.


NOTICE NO. 73 -(second publication)

TAKE NOTICE


COROCRAFT

That CORO, INC., a corporation organized under
the laws of the State of New York, United States of
America, whose trade or business address is 47 West
34th Street, in the City, County and State of New
York, United States of America, has applied for the
registration of a trade mark in Part "A" of Register
in respect of Jewelry, precious and semi-precious;
costume jewelry, and cultured and artificial pearls,
and will be entitled to register the same after one
month from the 7th day of February, 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 appli-
cation at my office.


Dated this 6th day of February, 1957.


V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks.


FEBRUARY 11, 1957.








FERUR 11, 197 FCA GZTE


NOTICE No. 92 (second publication)


TAKE NOTICE



TIMKEN


That the TIMKEN ROLLER BEARING COM
PANY, a corporation organised and existing under
the laws of the State of Ohio, United States o
America, Manufacturers, whose trade or busines-:
address is 1835 Dueber Avenue, Canton, Ohio, United
States of America, has applied for the registration
of a trade mark in Part "A" of Register in respected
-of Bearings and parts thereof for all purposes, rock
bits (that is, a cutting tool used in connection wit"
the drilling of rock or similar formations), steel and
alloy steel, including steel tubing, ingots, billets
blooms, bars and other forms, lubricant testers an
parts, washers, collars, closures, sealing rings; con
veying tubes, journal boxes, lock nuts, lock washers
nuts, combination nut and dust collars, cotter pins
parts for steam locomotives and crank pin install
tions, and will be entitled to register the same afte
-one month from the 7th day of February 1957 unless
:some person shall in the meantime give notice ii
,duplicate to me at my office of opposition of s:!ci
registration. The trade mark can be seen on appli
cation at my office.


Dated this 6th day of February, 1957.


V. I. deL. CARRINGTON,
Acting Registrar of Trade Mark-.



NOTICE No. 64 -(third publication)

NOTICE

IS HEREBY GIVEN that Enlalie Parris of
_iry Hill in the parish of St. Joseph, married
woman has petitioned the Honourable the Court of
Ordinary of this Island for a grant of Letters of
Administration to the Estate of her deceased father
James Mascolle who died in this Island on the
31st day of December 1943 intestate.

AND NOTICE IS FURTHER GIVEN that an
ex part application for such Letters will be made
to the said Court on Friday the 22nd uay of
February 1957 at 11 o'clock in the forenoon.


J. P. BROWNE,
Petitioner's Proctor


NOTICE No. 57 -(third publication)
POST OF CANE-FARMING OFFICER,
DEPARTMENT OF AGRICULTURE,
GRENADA, B.W.I.

Applications are invited for the post of Cane-
Farming Officer, in the Department of Agriculture,
Grenada.
The post is non-pensionable and will be for a
period of three years in the first instance.
The post is in the salary scale $2,880 x 120 -
$3,600 per annum together with a pay addition of
20% of salary, but the point in the salary scale
at which the successful applicant will be appointed
will depend on his qualifications and experience. In
addition a transport allowance of $1,080 per annum
is payable, providing the officer keeps and maintains
a motor car for the performance of his duties.
Applicants must .possess the D.I.C.T.A. or a
University degree in agriculture, plus previous
experience in a Department of Agriculture dealing
with peasant agriculture and in particular cane-
farming.
The duties of the post will entail the organisa-
tion and supervision of the cane-farming industry;
the laying down, reaping and recording of field ex-
periments with sugar cane; instructing peasants in
the proper methods of cultivation of sugar cane,
etc. etc.
Free passages on appointment and termination
of appointment for the officer and his family will
be provided, in addition to the cost of transportation
of his personal and household effects to and from
Grenada.
Applications should be addressed to the Secre-
tary, Public Service Commission, Government Office,
Grenada, and should reach him not later than 28th
February, 1957.

'-OTICE No. 58 -(fourth publication)
BARBADOS.
IN THE COURT OF CHANCERY

In pursuance of the Chancery Act 1906, I do
hereby give notice to all persons having or claiming
any estate, right or interest or any lien or incum-
brance in or affecting the property of the defendant
to bring before me an account of their claims with
their witnesses documents and Vouchers to be
,examined by me on any Tuesday or Friday between
the hours of 12 noon and 3 o'clock in the afternoon
at the Registration Office, Town Hall, Bridgetown
before the 28th day of February 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 property.
Plaintiff: DOUGLAS PERCY LYNCH
Defendant: LIONEL IFILL
Property: ALL THAT certain piece or parcel
of land situate at Maxwell Hill in the said parish
of Christ Church in this Island containing by
admeasurement One Rood Thirty Perches Abutting
and Bounding on lands now or late of Denzil C. Ifill
on a road twelve feet wide on lands now or late of
Mary E. Bayne and on the Public Road or however-
else the same may abut and bound.
BILL FILED: 21st December, 1956.
DATED: 21st January, 1957.

V. I. DeL. CARRINGTON,
Registrar-in-Chancery (ag.)


OFFICIAL GAZETTE.


F11BRUARY 11, 1957.








92 O.i ICIAL GAZETTE


NOTICE No. S) -(,second publication)


TAKE NOTICE


KI

.4


That J. & P. COATS LIMITTEID, Manufacturer.;
and Merchants, whose trade or business address is
Ferguslie Thread Works, Paisley, Scotland, hai
applied for the registration of a trade mark in Part
"A" of Register in respect of Threads and yarns
of all kinds and will be entitled to register the same
after one month from the 7th day of February.
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 6th day of February, 1957.

V. I. deL. CARRINGTON,

Acting Registrar of Trade Marks.


NOTICE NO. 90 -(second publication)

TAKE NOTICE


That J. & P. COATS LIMITED, Manufacturers
and Merchants, whose trade or business address is
Ferguslie Thread Works, Paisley, Scotland, has


applied for the registration of a trade mark in Part
"A" of Register in respect of Threads and yarns.
of all kinds and will be entitled to register the same
after one month from the 7th day of February,
1957 unless some person shall in the meantime give-
i.otice 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 6th day of February, 1957.


V. I. deL. CARRINGTON,

Acting Registrar of Trade Marks.



.NOTICE No. 91 -(second publication)

TAKE NOTICE



CIBA



That CIBA LIMITED, a Joint Stock Company
organised under the laws of Switzerland, Manufac-
turers and Merchants, whose trade or business
address is 141, Klybeekstrasse, Basle, Switzerland,
has applied for the registration of a trade mark in
Part "A" of Register in respect of Pharmaceutical
preparations and substances for human use and for
veterinary use; sanitary preparations and sub-
stances; infants' and invalids' foods; medical and
surgical plasters. surgical dressings; material pre-
pared for bandaging; material for stopping teeth:
dental wag; antiseptic and disinfectant preparations,
insecticides; and preparations for killing weeds and
destroying vermin and will be entitled to register the
same after one month from the 7th day of February
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 6th day of February, 1957.

V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks_


FtaBuAnY 11, 1957.







FEBRUARY 11, 1957. OFFICIAL GAZETTE 93


NOTICE NO. 74 -(second publication)

TAKE NOTICE


ROBINADE

That KEEN ROBINSON & COMPANY LIE-
ITED, a British Company, Manufacturers, whosp
trade or1 business address is Carrow Works, Norwich.
England, has applied for the registration of a trade
mark in Part "A" of Register in respect of fruit
juices and syrups; non-alcoholic, non-,aerated
beverages and preparations for making such
beverages, and will be entitled to register the same
after one month from the 7th day of February 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 appli-
cation at my office.

Dated this 6th day of February, 1957.

V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks.


NOTICE NO. 75 -(second publication)

TAKE NOTICE


MobilJ




That SOCONY MOBIL OIL COMPANY, INC..
a corporation organized and existing under the laws
of the State of New York, United States of America,
whose trade or business address is 150 East 42nd
Street, New York, State of New York, United States
of America, has applied for the registration of a
trade mark in Part "A" of Register in respect of
petroleum and products of petroleum, with or with-
out admixtures of other materials for illuminating,
heating power, burning, lubricating, cutting greasing.
tempering, quenching, slushing and flushing, and
will be entitled to register the same after one month
from the 7th day of February 1957 unless somr
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 1t imy
office.

Dated this 6th day of February, 1957.

V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks


NOTICE No. 76 -(second publication).

TAKE NOTICE


PETER STUYVESANT

That AMERICAN CIGARETTE COMPANY
S.A. LIMITED, a company incorporated under the
laws of the Union of South Africa, whose trade or
business address is 43, Juta Street, Braamfontein,
Johannesburg, Transvaal, Union of South Africa,.
Manufacturers and Merchants, has applied for the
registration of a trade mark in Part "A" of Register
in respect of Cigarettes, tobacco and cigars, an.1
will be entitled to register the same after one month
from the 7th day of February 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 6th day of February, 1957.

V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks.


NOTICE No. 77 --(second publication)

TAKE NOTICE


That J. & P. COATS LIMITED, Manufacturers
and Merchants, whose trade or business address is
Ferguslie Thread Works, Paisley, Scotland, has.
applied for the registration of a trade mark in Part
"A" of Register in respect of Threads and yarns.
of all kinds and will be entitled to register the same
after one month from the 7th day of February,
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 6th day of February, 1957.

V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks-








OFICA aAZTT FEBUAR 11157


NOTICE NO. 78 -(second publication)

TAKE NOTICE


LEDERKYN

That AMERICAN CYANAMID COMPANY, a
corporation organized and existing under the laws
of the State of Maine, United States of America,
Manufacturers, whose trade or business address is 30
Rockefeller Plaza, City of New York, State of New
York, U.S.A., hap applied for the registration of a
trade mark in Part "A" of Register in respect of
Chemical substances used in medicine and pharmacy,
and will be entitled to register the same after one
month from the 7th day of February 1957 unless
some person shall in the meantime give notice in
duplicate to me at my office ot opposition of such
registration. The trade mark can be seen on appli-
cation at my office.

Dated this 6th day of February, 1957.

V. I. deL. CARRINGTO'N,
Acting Registrar of Trade Marks.


NOTICE No. 79 --(second publication).

TAKE NOTICE


That J. & P. COATS LIMITED, Manufacturers
and Merchants, whose trade or business address is
Ferguslie Thread Works, Paisley, Scotland, has
applied for the registration of a trade mark in Part
"A" of Register in respect of Threads and yarns
of all kinds and will be entitled to register the same'
after one month from the 7th day of February,
1957 unless some person sh.ll 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 6th day of February, 1957.


V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks.


NOTICE No. 80 -(second publication)

TAKE NOTICE


SERPASIL

That CIBA LIMITED, a Joint Stock Company
organised under the laws of Switzerland, Manufac-
turers and Merchants, whose trade or business
address is 141, Klybeckstrasse, Basle, Switzerland,
has applied for the registration of a, trade mark in
Part "A" of Register in respect of Pharmaceutical
preparations and substances for human use and for
veterinary use, and will be entitled to register the
same after one month from the 7th day of February
1957 unless some person shall in the meantime give
noticee 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 6th day of February, 1957.


V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks.


NOTICE No. 81 -(second publication)


TAKE NOTICE


That J. & P. COATS LIMITED, Manufacturers
and Merchants, whose trade or business address is
Ferguslie Thread Works, Paisley, Scotland, has
applied for the registration of a trade mark in Part
"A" of Register in respect of Threads and yarns
of all kinds and will be entitled to register the same
after one month from the 7th day of February.
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 o;l
application at my office.

Dated this 6th day of February, 1957.

V. I. deL. CARRINGTO(N,


Acting Registrar of Trade Marks.


OFFICIAL GAZETTE


FEBRUARY 11, 1957.








FEBRUARYI 11 197 OFICA QAZTT


-NOTICE NO. 82


TAKE NOTICE

-(s cond publication)


That J. & P. COATS LIMITED. Manufacturers
and Merchants, whose trade or business address i,
Ferguslie Thread Works, Paisley, Scotland, has
.applied for the registration of a trade mark in Pa::t
"A" of Register in respect of Threads and yarns
of all kinds and will be entitled to register the samn
.after one month from the 7th day of February
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 or
.application at my office.


Dated this 6th day of February, 1957.


V. I. deL. CARRYING TON,
Acting Registrar of Trade Marks.


NOTICE NO. 83 -(second publication)

TAKE NOTICE


That J. & P. COATS LIMITED, Manufacturers
and Merchants, whose trade or business address is
Ferguslie Thread Works, Paisley, Scotland, has
applied for the registration of a trade mark in Part
"A" of Register in respect of Threads and yarns
of all kinds and will be entitled to register the same
after one month from the 7th day of February.
1957 unless some person shall in the meantime gie
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 6th day of February, 1957.


V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks.


NOTICE NO. 84 -(s-econd publication)

TAKE NOTICE


That J. & P. COATS LIMITED, Manufacturers
and Merenants, whose trade or business address is
Ferguslie Thread Works, Paisley, Scotland, has
applied for the registration of a trade mark in Part
"A" of Register in respect of Threads and yarns
of all kinds apd will be entitled to register the same
after one month from the 7th day of February,
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 6th day of February, 1957.


V. I. deL. CARRINGTON,

Acting Registrar of Trade Marks.


NOTICE No. 85 -(second lpblication)

TAKE NOTICE


GOSSIP

That DERMACULT (S.A.) (PROPRIETARY)
LIMITED, a company organised and existing under
the limited liability laws of the Union of South
Africa, whose trade or business address is 211,
Commissioner Street, Johannesburg, Union of South
Africa, has applied for the registration of a trade
mark in Part "A" of Register in respect of
Deodorants, depilatories, toilet preparations, creams,
cosmetics, perfumery, soap, nail polish and beauty
kits, and will be entitled to register the same after
one month from the 7th day of February 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 appli-
cation at my office.

Dated this 6th day of February, 1957.

V. I. deL. CARRINGTON,

Acting Registrar of Trade Marks,


FEBRUARY 11, 1957.


OFFICIAL GAZFTTE







96 OFFICIAL GAZETTE
I-Y1... ,-- 11 -


NOTICE NO. 86 -(second publication)
TAKE NOTICE



CUTEX


That NORTHAM WARREN CORPORATION.
a corporation organized and existing under the laws
of the State of New York, United States of America,
whose trade or business address is Barry Place and
Fairchild Avenue, Stamford, Connecticut, United
States of America, has applied for the registration
of a trade mark in Part "A" of Register in respect
of Hand preparations, manicure preparations and
lipsticks, and will be entitled to register the same
after one month from the 7th day of February 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 6th day of February, 1957.

V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks.


NoTric No. 87


--second publication)


TAKE NOTICE


ARPEGE

SCANDAL

PRETEXTE

RUMEUR

MY SIN

EAU DE LANVIN

PRODIGE

CRESCENDO

That LANVIN-PARFPUMS Societe Anonyme, of
French Nationality and incorporation, whose trade or
business address is 3, Rue de Tilsitt, Paris, France,
has applied for the registration of a trade mark in


Part "A" of Register in respect of all perfumery
products, powders, facial beauty and make-up-
products, essential oils, cosmetics and.toilet acces-
sories, articles and utensils, and will be entitled to
register the same after one month from the 7th day
of February 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.
The applicants disclaim the exclusive right to
the use of the word "MY" as part of the above trade
mark "MY SIN."
Dated this 6th day of February, 1957.

V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks.


NOTICE N*. 88


-(se 5'cnd publication)


TAKE NOTICE


That LANVIN-PARFUMS Societe Anonyme, of
French Nationality and incorporation, whose trade-
or business address is 3, Rue de Tilsitt, Paris,
France, has applied for the registration of a trade-
mark in Part "A" of Register in respect of all
perfumery products, powders, facial beauty and
nmake-up products, essential oils, cosmetics, and toilet
accessories, 'articles and utensils, and will be entitled
to register the same after one month from the 7th
day of February 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 6th day of February, 1957.

V. I. deL. CARRINGTON,
Acting Registrar of Trade Marks.


FEBRUARY 11, 1957.








FESUR 11 97 IFCILGZTE9


-NOTICE No. 366 ---ii'th publication)

NOTICE

re Estate of
MARGARET WILIELMINA 1NNISS,
deceased

NOTICE IS HEREBY GIVEN that all persons
having any debt or claims against the Estate of
MiARGARET WILHELMVINA INNIbS, deceased,
late of Str&thelyde in the parish of Saint Michael
in this Island who died on the 21st day of September
1956 are requested to send in particulars of their
claims duly attested to the under-signed HENRY
HUTSON INNISS, e/o Messrs. Carrington and
Sealy, Solicitors, Lucas Street, Bridgetown, on or
before the 28th day of February 1957, after which
.date I shall proceed to distribute the estate 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 distributed to ainy
person of whose debt or claim I shall not then have
had notice.

AND all persons indebted to the said EstatE
are requested to settle their indebtedness without
-delay.

Dated this 4th day of December, 1956.

HENRY IIUTSON INNISS.
Qualified Executor of the will of
MARGARET WILHELMINA INNISS, deceased-


NOTICE No. 19 --(fifth publication)

BARBADOS.

IN THE COURT OF CHANCERY

In pursuance of the Chancery Act 1906, I do
hereby give notice to all persons having or claiming
.any estate, right or interest or any lien or incum-
brance in or affecting the property of the defendant
to bring before me 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
the Registration Office, Town Hall, Bridgetown before
the 20th day of March 1957 in order that such claims
may be reported on and ranked according to the na-
ture 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 property.

Plaintiff: DARCY AUGUSTUS SCOTT
Defendant: EGBERT LAWRENCE BANNISTER

Property: ALL THAT certain piece or uarce.
-of land situate at Road View in the parish of Saint
Peter in this Island containing by admeasurement
seventy thousand seven hundred and eighty-five
square feet or thereabouts Abutting and Bounding
towards the North on lands of one Prescod towards


the East on the public road running from Holetown
to Speightstown on lands of one Holder on lanis of
one King on the public road aforesaid on lands of one
Forde on lands of one Williams on lands of one
Griffith and on the public road aforesaid and towards
the South on lands of Beatrice Bannister and Cecilia
Thomas respectively and towards the West on the
sea-shore or however else the same may abut and
bound.
Bill Filed: 29 November, 1956
Dated: 9th January, 1957

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


NOTICE No. 20 -(fifth publication).

BARBADOS.

IN THE COURT OF CHANCERY

In pursuance of the Chancery Act 1906, 1 do
hereoy 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-
nesses documents and Vouchers to be examined by
me on any Tuesday or Friday between the hours of
12 noon and 3 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 ELIJAH BRIDGEMAN
Defendant: SAMUEL ASHFIELD HEADLEY

Property: ALL THAT certain piece or parcel
of land situate at St. Helens in the parish of Saint
George 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-
vey made by L. B. Redman and L. IG. Quintyne,
Sworn Surveyors, on second November One thousand
nine 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
in a road in common which runs along the southern
boundary of the said parcel of land and leads to the
public road) Butting and bounding on the North on
lands of Groves Plantation on the East on lands of
James Clarke on the South on the remainder of the
said road in common and on the West on the public
road or however else the same may butt and bound
Together with the message or dwellinghouse and all
other erections and buildings both freehold and chat-
r'i on the said land erected and built standing and
I oing.

Bill Filed: 27 November, 1956
Dated: 9th January, 1957


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


OF FICIAL; GAZETTE


97-


FeBaUARY 11, 1957.








98 OFFICIAL GAZETTE


NOTICE No. 17 -(third publication)

NOTICE

Re Estate of
JOSEPH EMMANUEL EVELYN
deceased

Notice is hereby given that all persons having
any debt or claim against or affecting the estate of
Joseph Emmanuel Evelyn, late of Ocean View Road,
Bush Hall in the Parish of Saint Michael in this
Island who died at the parish of Saint Michael on
the 18th day of March 1956 are requested to send in
particulars of their claims duly attested to the under-
signed c/o Messrs. Hutchinson & Banfield, James
Street, Bridgetown, Solicitors, on or before the 21st.
day of March 1957 after which date I shall proceed
to distribute 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
distributed to any person of whose debt or claim I
shall not then have had notice.

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

Dated this 8th day of January 1957.

IRIS JORDAN,
Qualified Executrix to the Estate of
JOSEPH EMMANUEL EVELYN (deceased)


NOTICE No. 29 -(third publication)

NOTICE

Re the estate of
FRANETTA BOVELL
deceased

NOTICE IS HEREBY GIVEN that all persons-
having any debt or claim against the Estate of
Franetta Bovell, deceased, late of Water Hall in
the Parish 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 the undersigned Sheila Delgator Bovell, C/o
Messrs. Haynes & IGriffith 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-
requested to settle their said indebtedness without.
delay.

Dated this llth day of January, 1957

SHEILA DELGATOR BOVELL,
Qualified Administratrix of the Estate of


RETURN OF RAINFALL AT CENTRAL AND DISTRICT POLICE STATIONS FOR THE
WEEK ENDED 28TH JANUARY, 1957



STATION l l

F -

Central Station ... ... ... .01 .31 1.47 .04 .17 2.00
District "A" Station ... ... .07 .04 .59 2.32 .01 .20 .04 3.27
"B" ,, ... ... -40 .56 2.49 .04 .24 .02 3.75
"0" ... ... .03 .18 1.38 .03 1.62
Four Roads Station ... ... .16 .36 1.52 .02 .01 2.07
District "D" Station ... ... .46 .56 1.56 .09 .08 .07 2.82
"E" ,, ... ... .05 .09 .41 1.95 .10 .04 .05 2.69
Crab Hill Station ... ... .38 1.55 .04 .02 1.99
District "F" Station ... ... .54 1.26 .03 .03 1.86
Belleplaine Station ... ... .11 .16 1.84 .06 2.17
Holetown ... .. ... .14 .22 .27 1.10 .07 .38 .07 2.25

AVERAGE .. ... ... .02 .14 .14 1.68 .04 .11 .03 2.41


Police Headquarters,
Bridgetown,
Dated 5th February, 1957.


R. A. STOUTE,
Commissioner of Police,


-FEBRUARY 11, 1957








SUPPLEMENT TO OFFICIAL GAZETTE, 11TH FEBRUARY, 1957

1957-2
BARBADOS.
An Act to amend the shiops Act, 1945.
(6th February, 1957)
Be it enacted by the Governor, Council and Assein-
bly of this Island and by the authority of the same
as follows:-
1. This Act may be cited as the Shops (Amend- Short title.
ment) Act, 1957 and shall be read as one with the
Shops Act, 1945 hereinafter referred to as the principal Act 1945-27.
Act.
2. Section two of the principal Act is hereby Amendment of
amended by deleting in the definition of the expression section 2 of
"early closing day" the words "sections three and seven principal Act.
of this Act" and by substituting therefore the words
"a Shop Order."
3. Section three of the principal Act is hereby Repeal of
repealed. section 3 of
principal Act.
4. Subsection (1) of section four of the princi- Amendment of
pal Act is hereby amended in the following respects:- section 4 of
(i) by deleting the word "hereinafter" ap- principal Act.
pearing in the second line thereof and sub-
stituting therefore the words "in this Act'';
(ii) by adding after paragraph (b) thereof the
following paragraph -
"(c) fix a day, either absolutely or
subject to conditions, which in
each week shall be early closing
day for all shops or any specified
class of shop either throughout
the Island or in any specified
area".
5. The First Schedule to the principal Act is hereby First Schedule
repealed, to principal
Act repealed.
Read three times and passed the General Assembly
the eighth day of January, one thousand nine hundred
and fifty seven.

H. GORDON CUMMINS,
Speaker.

Read three times and passed the Legislative Council
the twenty-ninth day of January, one thousand nine hun-
dred and fifty-seven.

H. G. MASSIAH,
Senior Member Presiding.

I assent.
R. D. H. ARUNDELL,
Governor.
6th February, 1957.















VOL. XCII.


(je


SUPPLEMENT TO


@f al taette


PUBLISHED BY


BRIDGETOWN, BARBADOS,


HOUSE OF ASSEMBLY

7th August, 1956.
Pursuant to adjournment, the House of Assem-
bly met at 3 o'clock p.m. today.
Present :

His Honour Mr. K. N. R. HUSBANDS (Speaker);
Hon. G. H. ADAMS, C.M.G., Q.C., B.A., (Premier);
Mr. J. E. T. BRANCKER; Hon. Dr. H. G. H. CUMMINs,
C.B.E., M.D., CX., (Minister of Social Services),
Hon. M. E. Cox, (Minister of Communications,
Works and Housing); Mr. L. E. SMITH, J.P., (Chair-
man of Committees) ; Mr. F. L. WALcoT, O.B.E., Mr.
J. A. HAYNES, B.A.; Mr. E. St. A. HOLDER; 1i'. V. B.
VAUGHAN and Hon. C. E. TALMA, (Minister of Agri-
culture, Lands and Fisheries);
Prayers were read.
MINUTES
Mr. SPEAKER: I have the honour to inform
the House that the Minutes of the last Meeting ar,
rot yet ready for circulation.
PAPERS LAID
Hon. G. H. ADAMS: Mr. Speaker, I am com-
manded to lay a Statement showing Gross Customs
and Excise Receipts for three months ended 30th
June, 1956.
GOVERNMENT NOTICES
Hon. G. H. ADAMS: I beg to give Notice of a
Resolution to place the sum of $3,000 at the disposal
of the Governor-in-Executive Committee to sup-
jlement the Estimates 1956-57, Part 1 Current,
as shown in the Supplementary Estimate 1956-57, No.
16, which forms the Schedule to the Resolution.
I propose to ask the leave of the House to deal
with this Resolution in all its stages today because o'


AUTHORITY


11TH FEBRUARY,


1957


the urgency of the matter. There are cyclorstyled
copies of this Resolution to be distributed, and 1
therefore intend to move for the suspension of Rules
88 & 89 in order to deal with it.
Hon. C. E. TALMA: Mr. Speaker, on behalf
of the Hon. Minister Trade, Industry and Labour,
I beg to give Notice of a Resolution to place the sum
of $5,000 at the disposal of the iGovernor-in-Execu-
tive Committee to supplement the Estimates 1956-
57, Part 1 Current as shown in the Supplemen-
tary Estimate 1956-57 No. 17 which forms the
Schedule to the Resolution.
SUSPENSION OF RULES 88 & 89
Hon. G. H. ADAMS: Mr. Speaker, I beg to
move that Rules 88 and 89 be now suspended. There
has been a dispute between the Income Tax Depart-
*nent and the solicitors for the estate of a person wno
was domiciled in Barbados and who had property iii
America as well as in Barbados. It is an intricate
matter and this question came to a head only a very
short time ago. It is necessary to bring a Lawyer from
the United States of America as an expert witness,
to give evidence in this case. This is a case in which
the Government is seeking to obtain Death Duties
and the claim is being disputed. It is an urgent
matter, and as I have said, I am asking the House
to agree to the motion for the suspension of Rules
88 & 89.
Hon. Dr. H. G. H. CUMMINS: I begto second
that.
Mr. ALLDER entered the House and took his
seat.
Mr. SPEAKER: The suspension of the Rules
cannot be done at this stage, because twelve hon.
bon. members are not present. [After a pause.] I
see that the hon. senior member for St. John has
now taken his seat.
T7he question that Rules 88 & 89 be now suspend-
ed was put and resolved in the affirmative without
division.
Hon. Dr. H. G. H. CUMMINS: As regards the
other Resolution of which Notice has just been
given, I beg to give notice that it is my intention


-- --- ------_;L.


---


--


NO. 12








290 OFFICIAL GAZETTE


-o move the House into Committee of Supply at its
next meeting in order to deal with that Resolution.

COMMITTEE OF SUPPLY

Hon. Dr. H. G. H. CUMMINS: I beg to move
that Your Honour do now leave the Chair and the
House go into Committee of Supply, and that it be
an instruction of the House when in Committee of
Supply to deal with the Resolution for $3,000.
Hon. M. E. COX: I beg to second that.
The motion was- put and agreed to.
HIS HONOUR left the Chair, and the Rouse
went into Committee' of .,'ppl,. Mr. SHMITH being
zn the Chair.

Income Tax and Death Duties Legal Expenses
Hon. G. H. ADAMS: Mr.Chairman, as I said
a moment ago, there is one very important case
which will shortly come before the Courts, in the
course of a week or two, in which the Government
claims that the estate of a person domiciled here
who had property both here and in the United States
of America should pay Death Duties in respect of
certain property over which the Government claims
she had i;he right to make a disposition. The matter
seems to turn on the interpretation of a legal docu-
ment made in America dealing with the Law in re-
spect of the particular estate. I am informed that
the lady's Executor's Counsel and the American
Counsel who has been advising the Government a,
to the state of the Law, differ; the Government is
advised that the Government's point of view is the
correct one, and that the matter should be fought.
3.25 p.m.
A substantial amount of money is involved
and the Government considers that there is reason-
able chance (I will put it no higher than that) of
the Government obtaining same. If I remember
rightly, it is something within the neighbourhood or
10,000 to 12,000'; therefore, it was thought advis-
able to get this gentleman. This sum of money is need-
ed to bring this witness to this Island and to make
use of him as an expert witness for Barbados. I beg
to move that this Resolution do now pass.
Hon. Dr. H. G. H. CUMMINS: I beg to second
that.
Mr. HAYNES: Mr. Chairman, I will like to
have some information on this matter. I take it that
if this amount of death duties is paid the Barbados
Government will get these death duties provided this
Government can show some case for taxing them
in Barbados. At least that is what I gather from the
Hon. Premier's remarks. I take it that this American
lawyer is coming to see if he can extricate this amount
of death duties for Barbados. I would like to know
if that is the case.
Hon. G. H. ADAMS: Mr. Chairman, I am
sorry if I did not make myself clear. Sometimes
these cases arise where as the law stands you claim
that persons should pay death duties (or income tax
fcr that matter) althonu'h the income may be earned
outside, because it is brought into the Island and
made use of by the person living in the Island. Simi-
larly is the case with death duties.
The point does not arise if death duties are
claimed; the point arises as to whether the testator
-the dead person-had the absolute right to dispose
of certain property in America. If she had that ab-
solute right, our law says she will have to pay this
Government death duties. It is disputed as to, whether
the document executed in America gave her that ab-
solute right. Her solicitor says that according to
American law, it does not give her that absolute
right. The Government has a opinion frmn an emi-


nent American lawyer that it does give her that right.
Government therefore considers that it is a reasonable
case to fight.
That American lawyer is coming down here to
prove what is the American law as an expert wit-
ness. I may say, when there is foreign law to interpret
in a British Court, some lawyer who is qualified to
give an opinion is allowed to come and give that ex
pert evidence, as every Barrister is not an expert in
international law. That person is allowed to come anit
give evidence in a British Court as to what is the
state of the foreign law. If we are fighting this case
we must have a witness who can give expert evidence
as to the state of the American law that is applica-
ble in this case-that is, as to whether the Govern-
mentr can recover this money or not. These expenses
cover cost of passages, hotel expenses, local travelling
a-d fees. As I have said, that is the sum of money
which we are now asking for in this Resolution.
I may state this, Mr. Chairman. Once or twice
recently, cases affecting income tax have arisen and
in some cases Government has not considered it
prudent to pursue some of them. GovernAnent how-
ever feels that this case is a reasonable one for the
Government to fight and that there is reasonable
chance of winning it. That is why the Government in
this particular case has decided to go on with it.
Mr. VAUGHAN: Mr. Chairman, I would like
to ask for a little information on this matter. What
is the amount evolving to Government's credit hi
this case?
Hoin. G. H. ADAMS: The hon. member was not
present when I said that it was something in the
neighbourhood of 10,000 to 12,000-may be more.
The question that the Resolution do now pass was
put and resolved in the afi;in i;,. without division.
On motion of Hon. Dr. H. G. H. CUMMINS, sec.
onded by Hon. M. E. COX, AMr. CHAIRMAN report-
ed the passing of one Resolution in Committee.
Mr. SPEAKER resumed the Chair and reported
accordingly.
On separate motions of Hon. Dr. H. G. H. CUM-
MINS. seconded by Hon. M. E. COX in each case.
the Resolution was read a first and second time and
agreed to.
2.35 p.m.

SOLICITORS' AMENDMENT BILL

Mr. SPEAKER: The first Order of the Day
stands in the name of the Hon. Premier; second read
ing of a Bill to amend the Solicitors Act, 1896.
Hon. G. H. ADAMS: Mr. Speaker, this is a
Bill to amend the Act dealing with the examination
oi Solicitors in order to remove the time limit which
is today fixed for would-be Solicitors and also to put
hn end to Government paying examination fees for
articled clerks sitting the Solicitors examinations. As
the law stands now in Barbados an articled clerk
must sit the intemnediate examination within five
years from the time he passed the preliminar.- ex
amination subject to the extension of one year at the
discretion of the Chief Justice, and the final examina-
tion must be sat within nine years of the date of
passing the preliminary examination. Government
considers that these limits work a hardship on some
candidates who are sometimes prevented through ill-
ress or otherwise from sitting the examination with.
in these prescribed times. There may exist some-
where some profession with similar limits: but as
far as I know in the case of barristers they sit until
they get through.
Another point is that as the law stands the ex
penses incurred in sitting and conducting examina-
tions are paid from public funds. Government con-
siders that it should no longer pay and that if solici-


FBBRUARY 11, 1957.







1-iBRUARY 11, 1957.


OFFICIAL


tors and articled clerks have the right to sit dozens
of times, they must pay for the luxury of continually
sitting. That is all the Bill intends to do; to remove
the time limit and to make it no longer necessary for
Government to pay. The opportunity has been taken
to add to the list of exemptions. There are practically
no exemptions today, and this is to create a list of
exemptions from the law part of the intermediate
e-xainiation. If a person has the degree of LL.B.
from the several Universities mentioned or the de
gree of B.C.L. of the University of Durham or Ox-
ford, or Honours in the Final Honours School of
Jurisprudence at the University of Oxford, or Hon.
ours in the Law Tripos' at the University of Cam-
bridge, or a certificate that you were ill and could
not take the examination, they serve as exemptions
from the law part of the intermediate examination.
These are the three points of the Bill.
I beg to move tlat the Bill be novw read a .second
time.
Hon. C. E. TALM A: I beg to second that.
Mr. BRANCKER: Mr. Speaker, it seems that,
so long as I stress a point in this House at least half
dozen times in different sessions, the Government
manages to catch on and to act in conformity with
the wise counsel which they are given; andi so at
last they 'have seen the wisdom of letting candidates
bear the expenses themselves of the examinations. As
I have so many: times said, when a profession is as
lucrative a:, the solicitors profession in Barbados is to-
day, there is no reason at all why they should not
only have to pay their fees for examinations but they
should also pay substantial premiums, Sir, to be
taken on as articled clerks. One local solicitor whom
I :no;jw, holds a high Government appomitmine.i
and had the keen business acumen to realise that the
fee of one hundred guineas is nothing for one's
parents or guardians to pay to have one of their fam-
ily placed in the legal profession, as the two gentle-
men facing me know what it really is. I must confess
that the objects ani reasons could be more elegantly
worded then by saying that they may sit the inter-
mediate and final examination as often as they like
One could easily conceive much better English than
to s .:eak of sitting the examination as often as they
liked; they do not like to sit the examinations at all,
but as a necessity one must sub.;it to the examiner's
decision. I wonder Sir, if the hon. member, the In-
troducer of the matter would say if there is any par-
ticular reason why Schedule "A" excludes or fails
to mention Dublin University. A Dublin University
degree in law is very highly esteemed and I am won-
dering whether there was any particular reason for
omitting it or if it were just a matter of inadvert-
ence; but apart from that, Sir, this Bill is very much
overdue.
Hlon. G. H. ADAMS: I suppose it is only an,
oversight, and you may think, Sir, of other Univer-
sities. It might even have said in any University
in the United Kingdom, Great Britain or Northern
Ireland. I presume it is purely an oversight as I
suppose this was taken from some other legislation
which exempts certain degrees from the Universitie-
by name and it has not been thought that others
should be added.
The question that the Bill be read a second tim,;
was put and resolved in the affirmative without divis
ion.
On the motion of lon. G. H. ADAMS seconded
by Hon. Dr. H. G. H. CUMMINS, Mr. Speaker
left the Chair and the House went into Committee
Mr. SMITH being in the Chair.
Clauses 1 to 6 inclusive were called and passed
Schedule Section 6 was called and passed.
Schedule Section 19 -- was called.


GAZETTE 291

Hon. G. H. ADAMS: I had forgotten at the
time to mention that the Law Society of Great Brit-
ain gives these exemptions and we have merely cop-
ied them. That is the explanation for these being
there by name.
I beg to move that this Schedule do now pass.
Hon. Dr. H. G. H. CUMMINS: I beg to second
that.
The question was put and agreed to.
On the motion of Hon. G. H. ADAMS seconded
b:y Hon. Dr. H. G. H. CIUMMINS, Mr. CHAIRMAN
reported the passing of the Bill in Committee and
lMr. SPEAKER resumed the Chair and reported
accordingly.
On motions of Hon. G. H. ADAMS, seconded
by Hon. Dr. H. G. H. CUMMINS in each case, tht
Hill was read a third time and passed.

MAGISTRATES BILL

Mr. SPEAKER: The next Order of the Day
also stands in the name of the Hon. Premier t,
move the second reading of a Bill to amend and
consolidate the Acts of this Island relating to the
jurisdiction of and the practice and) procedure
before Magistrates' Courts and appeals therefrom
a :d to matters connected therewith.
Hon. G. H. ADAMS: Mr. Speaker, at loni
last we have reached what, to use a current expression
is the last lap of putting our Judical Organisation on
a proper footing. I hope that hon. members have stud
ied this Bill carefully. Just as important, if no'
more so, than in the Supreme Court of Judicature
Bill, are the changes which are being made affecting
the Jurisdiction of Magistrates' Courts and the pro-
cod ire for trials of a summary nature. If hon. mem-
bers have read carefully the 'Objects and Reasons"
which are rather fuller than is customary, I think
they would have gathered, even although they are
mostly laymen, the purport and the likely result of
:uch changes as are to be made.
I do wish to say that although the Government
has considered this matter very carefully and for
a long time it is now getting to 9 years since the
Bill was drafted by the present Chief Justice of
British Honduras together with the present Chie.
Justice of Barbados, and it has been before Barria
'ers and Solicitors in this Island from time to time,
-we have only now reached the stage of getting gen-
eral agreement as to how the Courts should be re-
organised, both the Supreme Courts, the Civil and
Criminal Courts and Magistrates Courts. I hope I
am not being insular, but I do sometimes feel that I
do not always like to say that we are following the
Laws of Trinidad or Jamaica or some other Carib-
b can Territory, because it might give a wrong im-
pression, but one has got to remember that some
Laws of general application follow the Laws of
ngland. and as long as we are British, whether we
are an Independent Dominion or not, it is easier
and safer and conducive to less litigation, to follow
!iws whioh have been passed and which have been the
-amut of disputes in the Law Courts of Great
Britain and the Colonies and the Dominions. As
long as we are still using the Privy Council as our
ultimate Court of Appeal, it seems to me to be com-
nonsense to follow with such modifications as may
be necessary to suit local conditions, the cases as
established in the Courts of Great Britain.
Although it may appear that we are merely copying
what has taken place in some other Colonies, it is a
fact, as hon. members will see from what has been
set out here, that the main amendments which are
dealt with in this Bill before the House, follow the


I







292 -- OFFTIC-----~iIA AZETEHBult 1 97


laos recent English Legislation with regard to the
Magistrates' Act of 1952 which brought together all
the different amendments which came about ovci
a long period of time in Great Britain. Following
Great Britain we have had Magisterial Courts, i
would say, for about 300 years, although I have noi
checked the first one. In our Magisterial Courts oui
procedure and practice has followed the English
practice; as a matter of fact, you had to go to the
English textbooks in order to know what a particula-
phrase or expression meant and how it was described
in Courts of Law. Therefore, if we are now following
the recent English Magisterial Legislation it is noth
ing to be ashamed of, and in fact, it is common sense
'o do so.
Honourable members and some members of the
community might deplore the abolition of the Assistan?
Court of appeal as it exists now'; it was excellent
after the Emancipation to find that persons could
get a re-hearing, (although it was a great surprise
to them) of every trial which took place before a
Police Magistrate. In many, if not in every case, a
Police Magistrate was just recently the owner of
an emancipated slave which might come before him.
I hat has been the main virtue of the Assistant Court
of Appeal for the past century or so that every-
body who felt that he would not get a square deal
in the Police Magistrates' Court could go to the
Assistant Court of Appeal where, from comparativp-
'y early days after slavery, the Judges were Lawyers
I do not think, however, that anybody cmild
deplore the fact that we are getting rid, through this
Bill, of matters which are obvious anomalies. Yo.:
can win a case before a Police Magistrate now and
sthil appeal; you can appeal whether you win or lose
without any pre-payment of fees. You prosecute
a man who is fined 40/-, you are annoyed becaui.
the man was not sent to prison, and can appeal. That
is being cured in one of the provisions of this Bill
A person who is aggrieved, and feels that he has t-)
suffer as a result of a conviction has the right t.o
appeal. The promiscuous right of appeal whereby
you do not know until the trial is heard in the Court
of Appeal on what grounds a man has appealed, is
also going to be the subject of the provision of this
Bill. It will be necessary in giving notice of appeal
for a person to set out the reasons given for the
appeal within a reasonable time.
This Bill also propose to abolish the Irish prac-
tice which has existed in Barbados and which, as
far as I know, does not exist anywhere else in the
British Commonwealth, that is, dismissal without
prejudice. It is anomalous if you examine it, to
have the Court of Appeal saying that. If you do
not prove a case against a man, you have failed:
and even if you may have failed to succeed in your
contention in a civil action for the lack of witnesses
or documents, it is not right that in a criminal ease
a person should be in jeopardy over again if a
Magistrate continues to feel that there is no evidence
to warrant a conviction and he dismisses the case
without prejudice. An appeal is made immediately
the Magistrate has given his decision.
3.55 p.m.
We proposed in this Bill. as hon. members must
have seen, to abolish that too. I do not think that
there is anything more outstanding than the matters
which I have just mentioned which deserves par-
ticular reference at this stage.
What is a departure from the practice of these
many years is the fact that for Bridgetown there
will be no longer a separate Civil Court for small
actions (although that Court is not a Petty Debt


Court only, it also deals with jurisdiction in tort).
The Police Magistrates of all the outlying districts
are also Petty Debt Court Judges because they do
the work that is done by the Magistrates of District
"A" and also that of the Judge of the Petty Debt
Court of Bridgetown.
It is also proposed in view of the fact
that the limited jurisdiction which exists as to
where cases involve amounts of not more than10-
and it has existed for between 60 to 70 years-should
be ended because of the change in the value of
money; and it is proposed that the jurisdiction
should be raised to an action up to $250, the reason-
ing being that the original jurisdiction of the Assist-
and Court of Appeal represents the County Court
of Great Britain which has jurisdiction up to 50.
If the Assistant Court of Appeal is going to be
abolished, as exists at present, and Judges become
Puisne Judges, and as such members of the Supreme
Court, the right to bring actions intermediate be-
tween the Petty Debt Court and the Supreme Court
and for less expense will have disappeared: and it
is considered right that the original jurisdiction of
the Court of Appeal which is now 50, should be
given to the Magistrates who will be doing civil
jurisdiction of the Petty Debt Court and civil juris-
diction of the Court of Appeal.
The following argument is used, though some
honourable members may not feel that it is very
strong in itself; on the other hand it depends
on the angle from which you look at it. Now that we
are coming into line and we are having a Federation
the question of a Federal Court is manifest. If we
can get some sort of approach to uniformity in the
several colonies that have agreed to federate, it is
letter than to have differences in the jurisdiction of
these Courts and, may be, in the procedure of these
Courts. I say again that it is an argument which is
said to be a very strong argument while some people
may say that it is not a very strong argument but one
which is worthy of consideration.
As regards minor matters of procedure, hon.
members will see that provision is being made to
bring the practice of the magistrates' court more
up-to--date, and in fact, quite up-to-date with Brit-
ish legislation. Hon. members will see this in the
several Sections of this Bill with which the House
,will deal when it goes into Committee. Again I say
that I do not need to pick out any proposed amend-
ment because it is no real departure from the juris-
diction which we now have; it is merely bringing a
scale of punishment higher and getting rid of one
or two anomalies.
Hon. members should know that the fraudulent
conversion of a penny is an offence for an Assize
Court to deal with; but if you steal anything up to
twenty shillings--anything up to 10-you can de-
cide whether you want the Police Magistrate to try
you. That is so for larceny but not for fraudulent
conversion. If, say, you took a penny out of a man's
pocket, you can be tried for larceny by a Police
Magistrate but if the man gave you the penny to
give somebody or to buy something for him and you
wilfully converted it to your own use, that is an
indictable offence. If you pocketed something which
somebody gave you to give somebody else, that is not
a larceny case for historical reasons: and therefore a
special Act has been made whereby it was called
fraudulent conversion and was known as an indicta-
ble offence. Why should we waste the time of tht
Higher Courts with something which because of
historicall reasons is no different from that of larceny ?
In future, these magistrates will be able to try these


292


292


OFFICIAL GAZETTE


FEBRUARY 11, 1957.







FEBRUARY 11, 1957. OFFICIAL GAZFTTE


casess of fraudulent conversion as it is in the case of
larceny.
I do not propose to say anything more because i
cannot think of anything, except one thing which is
really comparable to the points which I have raised
Hon. members will remember that in the
ease of the Supreme Court Bill, it became
necessary to change the law as regards
'onitempt of Court. At present, contempt of Court
is tried before a judge and jury and the jury are
not only judges of facts but but also judges of the
law. It was proposed in the other Bill and it is
proposed in this, to change the law relating to con-
tempt of Court in so far as it affects the practice
in the Police Magistrates' Court.
Appeals will now be taken not to the Assistant
Court of Appeal, but to the Supreme Court of Judg(es,
just as they are taken today to the Assistant Court
of Appeal with two judges. With the Supreme Court,
provision is made whereby if the two judges fail to
agree, the matter can be heard again with three
judges in order to get rid of what is not always a
healthy practice-the decision of the lower Court
remaining in force if the judges differ.
In Part 10-Miscellaneous Provisions, there is
a provision which of course is necessary and that is
what is to happen to cases now pending when this
Act comes into force.
I have referred, Mr. Speaker, to the important
points of this Bill; and I repeat, I hope hon. mem-
bers have studied it carefully and that they will ask
questions or make comments on such points as may
appear to them not to meet with, their approval.
I beg to move that the Bill be now read a second
time.
Hon. Dr. H. G. H. CUMMINS: I beg to sec-
ond that.
Mr. BRANCKER: Mr. Speaker, I am giving
general approval to this Bill, but there are certain
very important aspects and certain modifications
and adjustments of it which I am going to propose
in Committee. I think the important features of this
Bill might be regarded on the one hand as the in-
stitution of the two-level system, and the other as the,
abolition of what has for so long been so very dear
and cherished amongst us, the automatic rights to
appeal from the decisions of the Police Magistrate
or Petty Debt Judge to the Assistant Court of Ap-
peal. As you well know, Sir, under Section 51 of
the Assistant Court of Appeal Act, 1899, it is pro-
vided that "it shall be lawful for any person, whether
he be complainant, plaintiff, or defendant in any
criminal or civil proceeding who shall be dissatisfied
with any decision of any Police Magistrate or Judge
of any Petty Debt Court, to appeal therefrom to the
Assistant Court of Appeal, and any person, who shall
desire to appeal to the said Court from any such
decision, shall make known such his intention to the
Police Magistrate or Judge of any Petty Debt Court
with whose decision he may be dissatisfied." That is
as it stands today, Mr. Speaker, and I feel that we
are only justified in agreeing to the dispensing of
that automatic right to appeal today because we
have some years ago (and very wrongly so) dispensed
with the three-judge system in the Assistant Court
of Appeal. Probably, Sir, the best speech the hon.
and learned member for St. Joseph has ever made
or will ever make in this House was made in sup-
porting the retention of the three-judge system in
that Court; and in, the course of his speech he quoted
from the late lawyer Walter Reece whose experience
ia these Courts was so vast and whom the hon. mem-
ber for St. Joseph said in the House at that time was
a member of the Bar before the member for St. Joseph
was even born. As a practitioner at the present time
I will say this: it is merely because you now have


had for many years a two-judge system of appeal
.hat the Court of Appeal system certainly has not
worked and will never work. That is the only reason
why I am agreeable to the abolition of that Court and
the acceptance of the proposals contained in this
Bill You know, Sir (as the hon. and learned mem-
ber for St. Joseph pointed out on that occasion when
he spoke on that subject in this Chamber; he said
then and there was no one to contradict him) that
when the two judges differed, then it was the Police
Magistrate who decided the case. The Police Magis
;rate gives the decision when you go to the Assistant
Court of Appeal and the judges do not agree, and
the original decision of the Police Magistrate is
given in case of a tie: but so long as the people in
this island are not prepared to accept the two
judge system in the Assistant Court of Appeal that
is so unsatisfactory, there is no point in allowing it
longer to be perpetuated, because you will find that
what happens is this: whoever the two judges may
be-and when I started to practise the Court was
called the Court of the Clydes, the two judges being
Mr. Clyde Williams and Mr. E. Clyde Dear-there
was always a tremendous urge between the two Judges
however violently or uncompromisingly they dis-
agreed, to find some means of evading the Magis-
trate, against whose decision the appeal was made,
having again to decide the case. They had to try to
avoid the disagreement and you saw after some in-
tellectual and mortal combat between themselves (as
there was and could only be in the matter), they
strove strongly to agree lest the Police Magistrate
became more important than themselves and his
decision was upheld in the case of a tie. Therefore
you get in the appellate jurisdiction the two judges,
however they may disagree, with the innate inhber
ent feeling that "we must somehow or other try to
agree." There was also a case cited by the hon.
senior member for St. Joseph in those fifteen or so
years ago when one of the learned judges was for
imprisonment regardless to whether the offence was
serious or not, and the other felt the matter should
be dismissed on its merits: and so what did they do ?
They had recourse to a fine, an intermediate thing.
A fine does not carry the disgrace of imprisonment,
but on the other hand satisfies the other judge in
preference to dismissing the case altogether. So you
find after preliminary skirmishes and with the
obvious aid of information, a short adjournment or a
few short adjournments occurred, and then you
found that a spirit of agreement had saturated and
impregnated the jurists and they arrived at a de-
cision which was the decision of each and all of the
two of them.
4.15 p.m.
Therefore, for that reason, I am disposed not to
oppose the abolition of the Assistant Coutrt of Appeal
with this two-Judge system. I have had the good for-
tune to practice under the three-Judge system I
remember it was said in a debate in this House that
when we had three Judges in the Assistant Court of
Appeal, there was only one Judge who did the work
and arrived at decisions. The overwhelming per-
conality of Sir William Chandler decided the issue.
while of the other two Judges, one was signing
cheques and dealing with letters to his Chief Secre-
tary while the other Judge was taking the opportuni-
ty of having a judicial nod.
I will say this: in the House of Lords, you will
find, whatever the issue is, that there is for instance,
a famous Commercial Lawyer assisting his four col-
leagues to arrive at a decision. If it is a criminal
matter, there will be an outstanding criminal Lawyer
who would guide the others at arriving at a decision.
in any case, each of those Judges corresponded to Sir







294 OFFCIA GAET FERAY1 97


William Chandler when he was a Judge of the Assist-
ant Court of Appeal years ago. Whien a Juuge or a
Speaker appears to be sleeping, he is not really sleep-
ing; he just contemplating with his eyelids down. A
judicial nod is an entirely dirferent thing from the
slumbers of the ordinary laymen.
Since we have come to this stage with this two-
Judge Appeal Court system being perpetuated, and
there being apparently no feeling or desire to return
to the three-Judge system, I am prepared to support
the abolition of the Assistant Court of Appeal as 1
see no hope of the reversion to, the three-Judge sys-
tem which is a most admirable and best suited sys-
t.m. But, Sir, as I have already said, the two main
features in this Bill are the introduction of the two
level system and the abolition of the automatic
right of appeal. That is the thing with which I am
most concerned, and I might digress here for a
minute to remind the House that the automatic right
of appeal has not been abolished in every part of the
British Commonwealth. You will find that in
Northern Ireland it is possible for an accused person
to make what is called a straightforward appeal
against conviction or against sentence imposed by a
Magistrate, or to appeal on both grounds against
convictions and sentence.
As is the case with our present Assistant Court
of Appeal in Barbados, such aa appeal is by way of
a complete re-hearing. You may not be familiar witn
the evidence at the original hearing of tue case, but
the evidence taken before the Magistrate is re-read
before the Judges, and anybody who gave evidence at
the original hearing and is present in the Court of
Appeal may be asked any number of questions, and
sometimes the case tAkes a very different shape from
before. The appeal is by way of a re-hearing, and
therefore we should not envisage that the reason for
abolishing this automatic appeal in Barbados is that
we are the last judicial Institution in the Empire in
which is persists, because it still persists today in
Northern Ireland. That is the innovation about which
I am most concerned in this Bill, and on which I
shall have to dilate most fully when we go into Com-
mittee on this Bill.
Those of us who practise in the Courts will find
that a decision is given by a Police Magistrate or a
Petty Debt Judge; one side is completely dissatisfied
with that decision and the mere fact that that sid,'
by the exercise of her lungs can shout: "I appeal,"
that prevents the other dissatisfied litigant from
going outside and starting a battle royal. In a case
where you have an automatic appeal, three weeks
after you are summoned to attend the Assistant
Court of Appeal; and six weeks later, even if the de-
cision of the Magistrate is confirmed, tempers would
have had sufficient time to cool. People know in the
back of their minds how it feels to lose their case;
and even although theo mav los, it in tih Assistant
Court of Appeal, you will find that those people who
are furious when the decision was originally pro-
nounced, walk out of the Assistant Court of Appeal
just mumbling and saying: "They have only con-
firmed that decision because we have not got three
Judrles." Tlhere is no disturbance and people are
as satisfied as they are expected to be.
I realise that with my contention, it might, be
thrown at me, or T might be reminded of Clause 135
of this Bill in which it is stated that one of the
gronnds of apneal mav be that there is no evidence
to support the decision or that the decision is against
fth w~pi'ht of evidence. T know it can be argued
with considerable cogency that that ground which is
snib-aragranh (c) of paragraph (vi) of thiis Clause
185 is sufficient to cover any ease: that it is almost
as wide as an automatic ground of aoeal : and that


in these somewhat more advanced days, it should be
sufficient to satisfy even that type of litigant who
would appeal, that the decision may be reversed if
there is no evidence to support the decision in the
opinion of the Supreme Court, or if the decision is
against the weight of evidence.
4.25 p.m.
I would say this, Sir, that it will depend upon
how the judges of the Supreme Court interpret the
phrases "no evidence to support the decision" or
"the decision is against the weight of evidence."
Those of us who practise know that the (rst phrase
can be interpreted very narrowly. It can be inter-
preted as there is nothing at all there to support
the decision. As to the phrase "the decision is
against the weight of evidence" that can be inter-
preted to mean: unless the decision is overwhelm-
ingly against the weight of evidence the appeal
court will not disturb the decision of the Police M1ag-
istrate. That is my argument on this Section. It all
depends on how widely, sympathetically and intelli-
gently the learned Judge who will be called upon
in the Supreme Court to administer appellate juris-
diction will interpret these provisions. That is really
the more far reaching feature of this new Bill. You
-ill be called upon to set out your reason under
Section 135.
Then there is Clause 137 which states that
within three days after giving notice of appeal, the
appellate shall, unless he remains in custody under
the provisions of Section one hundred and thirty
nine of this Act enter into a recognizance in the sum
ol twenty-five dollars with one or more sureties ac-
knowledge before a Magistrate and conditioned to
appear and prosecute the appeal and abide by the
judgement of the Supreme Court thereupon and
,pa such costs as may be by the Supreme Court
awarded. I will deal with this Clause more speci-
fically when this House goes into Committee on the
Bill. The views of the honourable and learned
senior member for St. Joseph will have to be direct-
ed then towards this matter. According to this
section, every time you appeal you must have one
or more persons to sign the recognizance. Of course
I may be told that people find it very easy to sign
cheques even though the Banks do not display the
same facility in cashing them. As regards this $25
surety, the Clerk of the Court has to be satisfied
that person or persons who would be brought to
offer surety are going to be persons who will honour
them. As lion. members know, the persons whom
these people will be bringing are persons whom you
cannot see written on them that they are worth a
quarter million pounds. They will not be all per-
sons like the hon. junior member for St. Andrew.
You must satisfy the Clerk of the Court that the
person or persons whom you bring to sign the recog-
nizance is one from whom you can collect $25 in
case the appeal is not proceeded with. I say that that
amount should be one-fifth of $25, or at the most,
a recognizance of $10. It should not be that com-
paratively substantial figure of $25 because you are
dealing with persons in the poorer walks of life
You are not dealing with the idle rich; you are
dealing with people from the impoverished
category of persons who because of their impover-
ishment obviously find themselves in that category.
I notice in this Bill that it is stated that the
places and times for the attendance of magistrates
for the hearing of all cases or matters shall be such
as may be prescribed. Sir. at least 75 per cent of
the present practitioners will agree with me, as well
as most of the occupants of the Bench, that you
should provide an earlier hour for the sitting of the
Courts. When practitioners come from the other
colonies, they are disappointed to find that our


294


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FEB~tuARY 11, 195'7.








FEBRUARY 11, 1957. OFFICIAL GAZETTE 295


Courts do not sit before ten o'clock a.m. I see no
justification why we cannot sit from 8 o'clock in the
morning, or at the latest 8.30 o'clock, and carry on
until 3 o'clock p.m. In certain cases now, magis-
trates agree to start at 9 o'clock and it is amazing
Low much more work is got through at that early
hour than when you begin later in the day. It is
cooler and everybody seems to be more capable of
giving of his best; and so, whoever will be called
upon to prescribe the time for the attendance at
magistrates' courts, I am throwing out for their
suggestion that the latest time for them to begin
sitting is at 8.30 o'clock a.m. Certainly to continue
this 10 o'clock sitting would be unjustifiable in con-
nection with the sitting of magistrates.
Now that we are repealing the old Act and re-
placing the Magistrates' Act of 1905 by a completely
new Act we should consider every possible thing.
Certainly, it is not good enough to have notes taken
of evidence by the magistrate trying a case. Of
course, we have been very fortunate to get some real-
ly able people as Police Magistrates; it may be be-
cause we have drawn our Magisterial Bench from
practitioners all over the Caribbean. \We have a
magistrate from St. Lucia and another magis
trate from Grenada. We have another from Mont-
serrat, and another from St. Vincent. Therefore
we can say that in making our choice of magistrates
we have them from all around the Caribbean, and
we seem to have the best. At any rate, it is very
difficult to get a duly qualified one to undertake a
magistracy when they would have this drudgery of
writing down almost verbatim evidence which comes
before them for at least six hours a day. It is very
boring and wearisome. I think the time has come
when there should be some efficient note-taker in the
Police Magistrates' Courts because you may not be
able, owing to the work being so boring, to get com-
petent legally trained people to accept magisterial
appointments when they realise what they will have
to undergo hour after hour. To sit down and write
down what is said in a Court is a tiresome, boring
and terrible ordeal for a Magistrate to go through,
say, for about six hours-which is a day's sitting.
4.35 p.m.
Now, Sir, these hints I have dropped in connection
with the hope that may get the attention and, 1
believe, find the support of many of the practising'
members of the Bar and the attention of those per
sons who may be prescribing the places and times
for such.
Now, Sir, what I have to say about automatic
'appeal is what the hon. and learned Premier has
referred to as the promiscuous right to appeal.
Promiscuous is not as good a word as automatic ano
I prefer the latter. Now, we talk about dismissal
without prejudice. Well, it is unfortunate that
that has been so greatly overworked and abused in
certain instances by weak occupants of the Bench
that there is no alternative than to get rid of i!
altogether. It was meant obviously to be used in
very restricted cases, but it has now become where
there are two judges, a compromise decision; where
there is one judge, it has become a humane decision.
r decision which is hoped will annoy neither party,
where :e n, complainant is told he can bring the cas
again and the defendant knows he has not been con-
vict ". It is a decision in which neither party know
he has won or neither party might feel he has lost be-
cause he can go again, and the defendant would not
regard himself as having lost, because no conviction is
recorded against him. It has become a subject of mis-
use and I can see no alterative than to delete this
form of dismissal from the Statute Book. It will be


said that ii an important case is tried at the Assizes
.nd a person is acquitted, that is the end of it. If that
is the end of an important case in which some serious
damage has been done to somebody or to somebody's
property this is less trivial and is a lesser offence:
and a person should not have to stand in jeopardy,
of another case being brought and dismissed without
prejudice and a third case being brought and dis-
missed without prejudice. It was alright in the
'Jourts of this island when that extremely able law-
yer was Attorney General of Barbados, Mr. John
Whyatt, because the Police Commissioner was given
instructionss that the Police must not appeal aille:1,
tie is consulted and he advised the Appeal. It il true
there are one or two cases of a persistent and vin-
dicative prosecutor-there are two whom I would
not name of the ex-Sgt. Jones type still in the
Force--who on every occasion if they a'oe a case
and a timid bench oays "dismissed without preju-
dice,' automatically they put it in again with the
i'te"; (hat the person will be so inconvenienced
by .:vbig two trials, of having to pay two legal
fees or be unrepresented or perhaps having to pay
three legal fees and be unrepresented on the fourth
,reaca on. that the prosecutor hopes if he does not
have the expenses for leral advice, there would oe
a conviction and he would have to pay something to
the Couris: and so he lodees and relodOes thp case.
I have known a case a year or two in which the
Police persisted in not le ~ than six lodges and re-
lodres. and that Sergeant is still in the Force! As
a matter of fact, only a few days ago I heard he was
seeking promotion to Inspector. Well, that at least
would be removing him from Station Sergeant, and
that is one means of getting rid of any one from an
office which he is not filling in a proper manner, but I
have nothing against the individual. Whether you
transfer them as Commissioner of Police in St.
Lucia or Superintendent in Trinidad, so far as I
am concerned we have got rid of them from Districts
E and F in Barbados.
Now, Sir, there are one or two other points
which I would like to mention and which I prefer to
deal with more fully in Committee and one is the
matter of finger-prints. You know it is provided
here (and that it is an important innovation not to
he overlooked by any person) : "Where any person
not less than fourteen years old who has been taken
into custody has been charged with an offence be-
fore a Magistrate, the Magistrate may, if he thinks
fit, on the application of a Police Officer not below
the rank of Inspector, order the fingerprints of that
person to be taken by a constable." Of course it
coes on to say that these fingerprints, if the person
Ia acq'i cted, any copies thereof shall be destroyed,
but olou see it would be very hard to convince the
dverai' Barbadian tiat: th said fingerprint:
and all copies have been destroyed. They would re-
main in his mind that for all time, photostatic copies
of them and duplicate copies and records remain
very safely and securely put away. It is an innova-
tion which we should not concur in without serious
consideration and without realising what we are
'-oncurring in. The other important matter, Sir, is
to do with bail and we have to consider that because
it involves no less important a point than the
liberty of the subject; and you know it is proposed
in this Bill, Sir, that a Police Officer from the rank
of Sergeant upwards or the Police Officer in charge
ol a Station unless the offence appears to be a serious
one should release the person on, bail. Well, that
is left to the opinion of the Officer in charge of the
Station to decide whether the offence appears to be
a serious one. You might have heard what happens








OFICA GAET FERUa 11, 1957.~


now. There may be a warrant issued for someone's
arrest: the Police do not make a serious search for
you until Friday afternoon; they discover where
you are likely to be on Saturday from twelve noon
and then at twelve-thirty when the Magistrates
have gone home or to cricket or to their Clubs, then
the same constable goes at one o'clock and arrests
you and if the Police Officer at the Station regards
the offence to be a serious one, there you will remain
until eight or ten o'clock the following Monday morn-
ing.
4.45 p.m.
That is something which we have to bear in mind,
that we do not fritter away the liberty of the subject
when we are considering sub-section 1 of Section 86
of this Bill. As you know, Sir, since a certain Mag
istrate was dismissed for granting bail to someone
the Police Magistrates are very circumspect about
allowing bail now; and you occasionally get a
Magistrate who will come out of bed at night. There
is only one Magistrate who told me that he is willing
to ensure that the liberty of the subject is not in
fringed by leaving his home and coming out instead
of what was done in the past when a Magistrate
would remain at home and ask what is the nature
of the evidence.
In the past, a Magistrate would say: "I author-
ise you to grant bail." Nowadays, a Magistrate has
to leave his home, open the Court and turn on the
light in cases where there is electric light. I will sa.
here that I am not sure if there is that amount of
light at District "P" Police Court which one would
expect to find in view of the representation in this
House. I can hardly imagine a Magistrate leaving
his home at mid-night, even to prevent any infringe-
ment of the liberty of the subject, and goinr to
Bissex Hill at that hour when it is so much easier
to say: "Wait until 10 a.m. tomorrow." We want
to ensure that everything is done in open Court,
bearing in mind the fate of Mr. McLeod who did
what others before him had done, but who was not
persona grata with certain officials in this Colony,
and whose act was the subject of arbitrary action
being taken against him, whereas other people who
are more fortunately placed or who had firmer roots
in this Island, have been doing the same thing in
the past, but who were apparently committing no
fault and no criticism was attached to them.
I think I have mentioned the most important
innovations in this Bill, and perhaps as regards any
matter which I have omitted or in those respects
where we have differed, at least there is one mem-
ber of the long robe in this Chamber and the House
may have the benefit of hearing his view on the mat-
ters as to the important provisions and new depar-
tures proposed in this Bill to which, on the whole. 1
will give my support; but there are certain things
I intend to advocate being adjusted and modified
when we so into Committee on this Bill.
Mr. BARROW: Mr. Speaker, there are sever-
al matters which have been omitted from the Bill
which is now engaging the attention of the House,
which we feel should have been included in the pro-
visions of the Bill in order to make the Magistrates'
Courts, both in the civil and criminal jurisdiction,
function more smoothly. On the other hand. there
are one or two Clauses in the Bill to which I will
draw reference at a later stage which, in our opinion,
should not have been included in the Bill because the
run either contrary to established principles or jus-
tice or because of the anomalies which they will
undoubtedly create. I do not intend to make the
kind of speech which has been made so ably by th,


hon. senior member ior St. Lucy, but I would like
perhaps to draw Your Honour's attention the fact
that very soon the Island is going to be divided into
local government districts and it would perhaps have
been a good idea, especially since this Bill is not like
ly to come into operation or be put into force before.
the Local 'Government Act, that certain metropoli-
tan District Magistrates should have been appointed
and also that in the early Clauses of the Bill where
all the Magistrates are Stipendiary Magistrates, we
should have emulated the system which exists both
in the United Kingdom and in the neighboring
Colony of Jamaica where you have unpaid Magis-
trates exercising jurisdiction in a lot of petty crim-
inal work and work of a quasi-social welfare nature,
such as the probation of offenders in Juvenile Courts.
There are 16,000 Lay Magistrates in the United
Kingdom. These Magistrates are not paid, but they
do relieve the Stipendiary Magistrates of a great
deal of the petty work which any layman who has
either had administrative or judicial experience,
would be able to do without any great tax either on
his resources of time or on his legal knowledge.
There are many Civil Servants who have. either as
qualified Lawyers or as laymen, sat on the Bench
who could be only too glad to relieve the Courts of
the burden of some of this petty work. It is true that
from time to time you hear members of the legal
profession fulminating against the ignorance of Lay
Magistrates, but in Jamaica and in the United King-
dom within the limits of their jurisdiction. beeaus e
of the appointment of such a Body of persons who
netually hold the office of Justice of the Peace. and
who never sit alone, and who always have at their
disposal the good offices of the Clerk who is himself
2. man of long administrative experience in the
Courts, the system has been fonnr to functioti
smoothly and inure both to the benefit of the com-
munity and to the better administration of justice.
4.r n,-n.
So, the first point which I would like to make is
that far from its being an anachronism to have aux-
iliary Courts presided over by unpaid Justices of
the Peace, it would be an innovation which we should
not only seek but which we should consider at the
earliest possible date.
The second point which I would like to make is
this. In Section 10 of the Bill a magistrate is re-
quired to keep or cause to be kept in the form pre-
scribed a record of all proceedings brought in his
district. What we have found is that a magistrate
who has to take the detailed notes of all the evidence
which is given before him between 10 o'clock in the
morning and four o'clock in the afternoon is not in
a position either to study the demeanour of the wit-
ness in a proper manner or to divert his time and
attention to the legal aspects of the case which he
may be trying, especially after he has been sitting
on the bench for some three or four hours. You will
find that a magistrate is fresh between 10 o'clock and
half past twelve and he functions with greater
efficiency then; but when it gets on to half past two
and half past three in the evening many of the mag-
istrates are seen to let their attention waiver and to
become irritable. We have reduced the office of Mag-
istrate in Barbados by Clause 10 of this Bill to the
status of a glorified note-taker. He is not a judicial
functionary when he has to sit down and write re-
ports and take every single note of evidence which
comes before him. Very often, one particular sec-
tion of the evidence may seem to him irrelevant or
redundant, and as a result he does not bother to
write down; he is then bounded upon by Counsel


OFFICIALLY GAZETTE


FEBRUARY 11, 1957.








FI~-R 11 195 OFIILAET


and in a frightful manner admonished that a de-
tailed note should be taken, in case the matter is
taken to the Appeal Court.
In Jamaica and all the other West Indian islands,
t magistrate does not take notes; he makes notes for
his own edification on points which he may want ',
consider when he comes to deliver his decision.
Those notes are not the copious copy which
a magistrate is required to keep according to Clause
10 of this Bill.
Not only should he have a note-taker in every
civil and criminal court, but we should go a long
way towards aiding the Social Welfare Departme"u,
a,nd relieving those who are less fortunate than their
fellow brethren by training blind persons who, by
their incapacity would be impartial in typing notes
of evidence on suitable machines while proceedings
are taking place. It is done in the Bow' Street Mag-
istrates' Court in the United Kingdom. At most of
the Courts. the Institution for the Blind has actually
trained able-bodied men and women to act as note-
takers. It is a job which does not have to be done
by Civil Servants in the Long Grade, and it is a
suggestion which I feel should be taken up by this
Government. I am sure that the Magistrates will
be very grateful if some Iprovision is made for the
taking of notes in cases under their trial.
When it comes to offences which a magistratL
should entertain and which he has jurisdiction to try
(you will find them under Part IV-Summary Juris-
diction) I notice one important omission. This is
an omission analogous to the omission of fraudulent'
conversion from the existing Police Magistrates' Act,
because as the Introducer of the Bill has explaine.
a magistrate can try the larceny of a bicycle of $48
in value, but he cannot try the fraudulent conver-
sion of a pack of cigarettes. I am sure that omis-
sion was not intentional when the Police Magistrates'
Act of 1905 was drafted, but unfortunately, it has
tied down magistrates to trying those cases purely as
preliminary enquiries. From Clause 35 onwards,
there is nothing dealing with obtaining credit by
false pretences although Clause 35 deals with the
obtaining of chattels, money, and valuable securities
by false pretences. This is a matter which was closely
investigated by other colleagues and myself, and we
have come to the conclusion that since it is separate
and distinct for one to obtain credit by false pretences
that obtaining credit by false pretences should be
inserted under the provisions of this Bill.
A great deal of the taxpayers' time and money,
and the time of Medical Officers of Barbados and of
the General Hospital is wasted by doctors wasting
gasolene and coming down to the law courts to give
evidence. When we come to Clause 45, I intend to
move an amendment on the existing position so far
as evidence of medical practitioners is concerned.
If the Police brings a case, you have to pay hitr,
$2.50 to give evidence, and he comes into Court and
says he examined so and so in the Casualty Depart
ment of the General Hospital on such and such a day
and found the patient to be suffering from a swell-
ing over the right eye which he calls an intrusion
and he goes on to say that it could or could not be
inflicted by a blunt instrument.
5.05 p.m.
Now, I feel that if a man has spent seven or
eight years training to be a doctor, and he is actually
employed by the Government of this colony to work
at the Hospital and receives his emoluments out of
the Treasury, that it is almost an insult to ask him
to come to Court to 'ivve evidence of that kind : and
I feel that in all cases a certificate from a rscistererd
Medical Practitioner should be sufficient evident


unless the Party on tle other side demands that the
doctor comes to Court to be cross-examined. In
most cases nobody calls medical evidence to contra-
dict the testimony given by the doctor, and we feel
that the doctor should be allowed to send his certifi-
cate to the Court or to make the Medical Superinten-
dent a Justice of the -Peace and let him swear to the
certificate and let it be produced in Court; and if
the defendant or the party on the other side then
elects to have the doctor summoned, the Magistrate
should hav. the power to summon the doctor on tne
payment of the necessary fee; and if it turns out
that attendance of the doctor was completely un-
necessary in the cn':e, that person should be con
demned as to costs, and the necessary expenditure
incurred in the loss of the Medical Or-..-,-:' time in
the Casualty Department of the General Hospital,
but the only important improvement in sub-section
two of Section forty-five of the Bill now before th
House, in Clause 45 I should say, is that now th,
certificate of any registered Medical Practitioner is
sufficient to prove that a wound is inflicted with or
without a sharp or pointed instrument. That is all
But a certificate is not admissible in evidence even
under the Bill engaging our attention to prove that
a person suffered an injury with a blunt instrument;
it is of no evidential value and is not received ii
evidence.
Now, there is a provision here in Clause 6,
which I am rather shocked to see. I thought wk
had passed the stage in Barbados where we con-
sidered that corporal punishment is a good means
of inflicting or carrying out a penalty against any
person, far less a boy under sixteen: because in
Section 62 they say "where any boy, who in the
opinion of the Magistrate is under the age of sixteen
years but above the age of seven years and of suffi-
cient capacity to commit crime, shall be convicted
of an offence punishable upon summary conviction,
the Magistrate, in his discretion, in lieu or addition
to any punishment to which he may be subject, sen-
tence him to be privately whipped by a member ot
the Police Force, in the presence of a registered
Medical Practitioner and a Sergeant of Police with
a tamarind or other similar rod, with not more than
twelve strokes. The parent or guardian of such
Loy shall be allowed to be present at such whipping
if he so desires." I understand that even at Dodds
today where you have this sort of hardened young
juvenile offenders-I would not like to call them
criminals-the rod is used on very, very rare oc-
casions if at all; and yet you are giving a Police
Magistrate the power to order, in addition or in
respect of which you think corporal punishment i'
boy under sixteen to be whipped. That means that
he may have cuffed another boy at school, or he may
have stolen one tamarind off a tree, because you have
not put the lower limit on the type of offence in
respect of which you think corporal punishment is
deserved. In Trinidad. for instance, certain crimes
of violence are still punishable by the Cat. I have
not known of a single case in Barbados in which a
grown-up man committing a crime, robbery with
violence or any sexual offence has been given the Cat
in the last five or six years: and yet here we are
giving Magistrates power with discretion to order
children under sixteen, whether it be first offence
or not and irrespective of the nature of the offense
which they have committed, to be flogged by a mem-
ber of the Police Force. Now, that cannot be right.
There is another anomalous provision in that section
which T should like straightened out, because in
the United Kingdom a child under the age of eight


OFFICIALL GAZETTE'


FEBRUARY 11, 1957








OF~CIA GAZTT FEBAY1, 97


years is supposed to be what we call doli incapax,
that is, incapable of doing wrong; but in Section
62 if a child is over the age of seven, he is deemed
to be of sufficient capacity to commit a crime. Thie
common law in Barbados today is if you are under
the age of eight. There is a great deal of differ-
ence in that; there is a difference of eleven months
and twenty-nine days if you are over the age ot
seven, or you might be seven years and one day old.
You have abrogated the common law provisions and
are saying that over the age of seven a boy is capa-
ble of crime. In the United Kingdom they say a
boy over eight: in Barbados you say a boy under
eight; he might be seven years and eleven months.
He is not capable of crime and you can bring him
up neither in a Juvenile or other Court. And yet
in Section 62 a child over the age of seven can be
whipped giving him twelve strokes with a tamarind
rod! That could never be right because we have
altered and have extended the boundaries of crim-
inal liability; so that the next thing that would
happen is that infants in arms who cannot speak
would be finding themselves flogged by a Police
Magistrate. If you allow this concession, next time
the age will be six, then five; and you will be ever
diminishing the boundaries of criminal liabilities
until infants in the cradle would come under Sec-
tion 62. I do not need to say more than that: I am
sure hon. members who, like me abhor the idea of
corporal punishment as being degrading and hull
eating, take the view that certain crimes of violence
-indecent assault, carnal knowledge, robberies with
violence, slashing with razors-those kind of things
are matters which are fit for a greater degree of
punishment than ordinary crime such as simple lar.
ceny and matters of that kind, but I would never
join any league of voters that has as an avowed abject
the retention of corporal punishment: and if it ii
the first time I have said it in public, I do not agree
with the Mosaic Law and I do not agree with cor-
poral punishment of any kind because I do not feel
it proves anything.
5.15 p.m.
It reduces a man to a level which is lower than
that of the average proverbial dog in the street. You
cannot flog children under sixteen years or children
of seven years one month. That is entirely a pri-
vate view; it does not necessarily represent the view
of my Party, nor does it necessarily represent ti'.
view of all the members of the legal profession, al-
though it may represent the view of the majority of
them. As to the question of immediate liability, that
is a question of law which should not be dealt with
as it is proposed to be dealt with.
The next Clause to which I would like to draw
Your Honour's attention, is Clause 119. In the othe-
Islands, a Magistrate has power to make orders as
to costs, and to award a successful litigant not only
the costs of summoning his witnesses, but also the
costs of Legal representation. That is so in Trini-
dad and in the Windward and Leeward Islands; ana
that is practically the whole of the West Indies. In
Sub-Clause 7 of Clause 119, this is what is stated:-
"No order for payment of costs made under this
section shall include any fees to counsel or solicitor."
I have no pecuniary interest in this Clause at
all, for the reason that is a matter of public and gen-
eral knowledge that when a Legal Practitioner ap-
pears in a Police Magistrate's Court, especially a
Barrister, since his fees cannot be sued for, they are
already either in his bank account or in his pocket,
or in the pockets of his creditors. If a Barrister ap
pears in Court and he has not been paid, he will


usually inform the Magistrate that he has not been
properly seised of his brief, or that he is not fully
instructed or some other such term, and he will get
an adjournment of the case until his client is able
to sell the pig or whatever it may be, so as to com-
pensate him for his efforts.
It is not that we, in the legal profession, hope to
make money out of it, but we think it is iniquitious
that a man should be hailed into Court unnecessarily,
and when he wins his case, the other person walks out
of Court without feeling any financial loss, either
because he did not have any Counsel or because he is
in a better position to afford any pecuniary loss as
regards his attendance at Court, though he may
have suffered more than the litigant on the other
side. If he wins the case because of the technicality
involved in defending himself, or if because of the
lack of knowledge he has to resort to the payment
of a legal practitioner, we should fall into the exam-
ple of Trinidad and the Windward and Leeward
Islands and award a moderate sum as compensation
for the trouble to which he has been put by way of
costs. It is ridiculous in this year of grace 1956 to
have Barristers going into Court for nothing; the
tradition is that Barristers do not really collect
fees, that they cannot sue for them, because there i-
nothing to collect, and that they are gentlemen of
leisure who frequent the green sward of Lincoln's
Inn or the terraces of the Middle Temple to disport
themselves drinking tea at luncheon time and then
go into Court if they find that there is anything
interesting. That is the only hypothesis one can ex-
Dlain for the absence of the provision of costs to a
litigant for the services of someone which he has
obtained. This Section of the Bill should be amend-
ed within the discretion of the Magistrate as to
costs if the successful litigant happens to engage
the services of Counsel.
Clause 135 deals with the admissible grounds
of appeal. No provision has been made for a ground
which is in similar Legislation in all the other West
Indian Colonies I say "all" advisedly this time.
There is a ground of appeal to the West Indian
Court of Appeal, in some cases, on grounds which
may be urged at the trial. Very often a person goes
forward to the Appeal Court with some substantial
ground of appeal, and when the case is argued in
the Appeal Court, it appears to the judge that there
is a point on which he would like to hear Counsel
on either side, which may probably go to the root of
the conviction or the penalty imposed. We feel that
provision should be put in here to this effect. "Any
other ground which may be urged at the trial".
You cannot now go to the Court of Appeal on the
tenth provision; my ground of appeal would be,
"any other ground which may be urged at the
trial", which may be the ground on which yoni may
be electing to go on appeal.
With the conclusion of my general observation
on this Bill, I would like to say that we would have
welcomed some specific provision for the establish-
ment of some other Juvenile Courts, Traffic
Courts and for what they call Family Courts, be-
cause the present arrangements is not. a satisfactory
one. The Magistrates, especially those in Bridge-
town, are overworked, and these are matters which
are increasing in volume from day to day, matters
to which no separate and' distinct attention is being
given.
For years we have been talking of separate
juvenile courts, separate traffic courts and separate
Family courts. The volume of litigation under the
law of separation and maintenance is phenomenal
and it is increasing from day to day. I do hope that


OFFICIAL GAZETTE


FEBRUARY 11, 1957.








OFFICIAL GAZETTE 291


the Government will give some consideration to in-
creased accommodation though it does not neces-
sarily come within a Bill of this nature, in accord-
ance with what I have outlined.

ADJOURNMENT

Mr. E. D. MOTTLEY: Mr. Speaker, I beg to
move that this House do now adjourn for half an
hour.
Hon. H. G. H. CUMMINS: I beg to second
that.
The question was put and resolved in the affir-
mative without division, and Mr. SPEAKER ad-
journed the House accordingly.
5.30 p.m.

On reassembling,

MR. J. F. GORMLY APPOINTED AUDITOR,
SUGAR INDUSTRY AND AGRICULTURAL
BANK

iHon. Dr. H. G. H. CUMMINS: Mr. Speaker
Mr. P. D. Me. Dermott left the Island sometime ago
and has resigned the post of Auditor of the Sugar
Industry and Agricultural Bank. His place has
not been filled and I am now, with your permission,
that Mr. James Francis Gormly be appointed Audi-
tor of this Bank.
Hon. M. E. COX: I beg to second that.
The question that Mr. J. F. Gormly be ap-
pointed Auditor of the Sugar Industry and Agri-,
cultural Bank was put and resolved in the affirma-
tive without division.

MR. H. A. C. THOMAS APPOINTED MEMBER,
SUGAR PRODUCTION AND EXPORT
CONTROL BOARD

Hon. M. E. COX: Mr. Speaker, there is a
vacancy which occurred owing to the resignation
of Mr. H. O. Emtage from the Sugar Production
and Export Control Board. With Your Honour's
permission, I am moving that that vacancy be now
filled by Mr. H. A. C. Thomas.
Hon. Dr. H. G. CUMMINS: I beg to second
that.
The question that Mr. H. A. C. Thomas be ap-
pointed as Member of the Sugar Production and
Export Control Board was put and resolved in the
affirmative without division.

THE MAGISTRATES' JURISDICTION AND
PROCEDURE BILL 1956

Mr. SPEAKER: On the adjournment tne
hon. senior member for the City was addressing the
House.
Mr. E. D. MOTTLEY: Mr. Speaker, although
I am not a legal luminary of the House and unless
it be that the Government only want legal members
of this House to speak on this Bill, I am going to
add my quota. The first thing that struck me when-
I received a copy of this Bill and which I note with
great satisfaction is that the Clerk has taken the
opportunity to put it in order by his making 150
odd corrections. It speaks very well for the Clerk.
I observed that not only were corrections made by
him but apparently Sections were put properly. I
would say that this one occasion upon which the
Other Place was not given the work of making those
corrections, but I am afraid that if they were not
noticed by the Clerk who apparently has taken the


place of the Legal Draftsman of this colony, thec
would have gone unnoticed by this Chamber.
There is not much which I can say on a Bill
of this magnitude. It is very overwhelming; but one
thing which I can say, speaking from a layman's
point of view, is that I would like to counsel Gov-
ernment as regards the departure they have made
from usual custom in putting in this Bil
that a person who appeals against the' decision
of a magistrate must enter into a recognizance in
the sum of $25 with one or more sureties to appear
and prosecute the appeal. I am saying that that is a
departure from usual custom and it cannot make it
easier for people to appeal. Mr. Speaker you cannot
take it for granted that when you hand things to
members, we do not read them. There are those of
us who read everything sent to us because we like
to know what we are voting for.
There are so many occasions that we had mat-
trs dealing with appeals that I personally regret
that although apparently the legal luminaries of
this House have given voice to some objections to
the Assistant Court of Appeal, we should so agree
to its absolution; because indeed from the earliest
inception, the Assistant Court of Appeal has per-
formed a very useful purpose in this community.
This Court has given the right to Barbados litigants,
whether they be complaining or defending, to appeal
without entering into a bond; and this they cherish
very greatly. I am not disputing the right which
you have of putting in this Act that litigants must
now enter into a bond to appear and prosecute an
appeal, nor is there any use my crying over spilt
milk, but although this seems to be the wish of the
Government and of the Law Society, I would like
record that it is not the wish of the majority of the
inhabitants of this country.
It is true that you want to adjudicate certain
cases in accordance with that of other colonies, but
there are institutions which you have in this com-
munity which though unique and in some cases
obsolete you should preserve. I do not agree with
the abolition of the Assistant Court of Appeal. It is
very much regrettable.
Sir, I do not want to echo the views of the last
speaker, but I would say that he anticipated me
because I have on more than one occasion in this
House raised the question of the establishing of a
domestic court. I remember on the last occasion
that I took the matter up with the Hon. Premier
he advised me to take it up with the Attorney Gen-
eral. There is nothing in this Bill for the establishing
of a family court. While it is true that when family
cases are tried in the Courts that those Courts are
cleared, I do not think that it is good enough. I am
thinking more of the delay which is caused in the
adjudicating of those cases and which makes one
to feel that justice delayed is justice denied. I do
hope that Government in the not too distant future
will see to it that a Family Domestic Court as dis-
tinct from a Traffic Court is set up in this country.
In the discussion which we had before on Section
62. and I am prepared to say I do not know the Pre-
mier's explanations of it-if it is true that the com-
mon law of the island says that a child under the
age of eight cannot be convicted, and cannot be made
responsible for any misdemeanor or offence, it is
very difficult for us laymen to understand how this
section could say that "where any boy, who in the
opinion of the Magistrate is under the age of sixteen
years" well, suppose that can be proved by a
certificate of birth, "but above the age of seven
years"; if what the hon. member has said is true, I
take it that the Premier will be able to enlighten


FEBRUARY 11, 1957.








300 OFFICIAL GAZETTE


us on that, but the child might be seven years and 1
month. If in the United Kingdom a child is not con-
victed for an offence until it is eight, surely this needs
some amendment. That is worrying me more than
anything else, and I will go further than that and
draw to the Premier's attention that, further on, it
says "and of sufficient capacity to commit crime,
shall be convicted of an offence punishable upon
summary conviction, the magistrate may, in his dis-
cretion, in lieu or in addition to any punishment,
to which he may be subject, sentence him to be pri-
vitely whipped." Well now, I have always been in
opposition to giving out so much authority and power
that you can convict a child and also flog it. I go
further and say that even in your own home you
would not want to flog your child for the first offence
unless it was a case of disobedience, but in this Bill
it says "in lieu or addition to any punishment to
which he may be subject, sentence him to be pri-
vately whipped by a member of the Police Force".
Well, Sir, I know the Premier will say one must use
his discretion, but let us take for example the case
of stealing a piece of cane or throwing a stone across
the road and see how many of us would not have
been in prison. That means that for the first offence
you would be whipped, and an older boy, say, at the
age of fifteen would be subject to the possibility of
being whipped. We have had a case of a minister
prosecuting somebody for carrying away a few limes
or lime leaves or something. Under this Bill the
Magistrate can subject the child to the indignity of
being whipped for a first offence. In my opinion the
magistrate might be purely of the plantation man-
ager type a person who does not like children
First of all, let me put it this way; I do, not agree
with the last speaker about not having corporal
punishment; you must have it for certain offences;
because, I believe, for knife-slashing and wounding
and things of that sort, I agree and will always agree
that. one of the best means of dealing with these
people is by using the Cat. I do not agree with him
at all in abolishing corporal punishment. I am not
disagreeing that someone should be flogged, but I
am wondering whether it should be done by a magis-
trate and for a first offence. We like most of them
nave thrown stones across the road and have stolen
angles: yet we are going to subject them to a flog-
ging and conviction, or both. I am wondering
whether the Premier would not think of an amend-
ment. An amendment would be necessary when he
comes to it. You might bring the type of magistrate
who has no use for children; there are some people
who cannot stand a child around them and, who
might therefore for the slightest offence order a
y.hipping and subject a child of 15 years to the in-
dignity of being whipped by a Police Sergeant. T
am not saying that you should cut it out, but what
about first offenders? And I go further and say
since you have got a Probation Officer, Mr. Speaker,
do vou not think that it wants going into more
seriously? I fully appreciate when you are drafting,
-maybe I should say copying, because from what the
Clerk of this House has done you can see it is copy-
ing,-when you are copying legislation it means more
than copying, and that is that it must come before
this Chamber for us to be able to bring to bear local
conditions and see how best Government with its
local advisers could bring out preliminary points.
Therefore, I contend that I should not like to sup-
port that as it is, and I hope the Premier will see the
wisdom in making some amendment there, because
nobody is perfect and you may not have seen that
it is eight. What the hon. senior member for St.
G4eorge said is correct and there is obviously an
amendment necessary. It is unfortunate that the


Clerk has not seen that because there are several
errors in the Bill and members are asked to note the
corrections. In my ten years here, Sir, I have not
meen a document like this so done by the Clerk with
corrections and amendments and sections left out,
and with the greatest respect.
Mr. SPEAKER: That is the fault of the print-
ers.
Mr. E. D. MOTTLEY: Did the printers leave
ezat the sections too? There are others they did not
,cave out; but anyway, Sir, the main thing about
this is that I have recorded my appreciation of the
manner in which this able work has been done, and
I say it would be infinitely better in preparing' a Bill
f this sort-and I think the Premier will agree--
&o have amendments to sections and so on to cor.
respond with them on the opposite page and fin-
shed with, rather than have them tucked away in
the schedule where it is very difficult for hon. mem-
bers to, follow. It is alright for hon. members who are
not particular about reading it or about knowing
what they are passing, but some of us take it quite
seriously when amendments are made to the Statute?
of the colony, because you want to know whether
there should not be an amendment to section 62, the
cqestion of whether the age should be seven or eight,
if the law as quoted by the last speaker is correct,
and I do not think it should say you should fine and
e'nfine or flog and fine, and then further that such
power should only be given to any magistrate like
m other cases; and whether in the first offence any
boy should be flogged, especially when you say today
there is a different method of handling juvenile de-
linquents.
6.25 p.m........
Mr. VAUGHAN: Mr. Speaker, this is a vol-
uminous Bill and indeed I will not pretend that I
have studied it in detail.
It really requires a sort of affinity to things
legal; it requires a mind attuned to the judicial
really to give this Bill the study which it needs.
All I want to do is to comment on one thing and 1
have to do it from a personal experience. I suspect
that in our Courts, there is not sufficient provision
made for the examination of prisoners mentally; in
other words, I have a strong suspicion that a lot of
or a few people are in Glendairy Prison who should
be at a Mental Home. In modern Countries, psy-
chiatry is a very late and important science, but it
has an important place in the trial of criminals and
others who are brought before the Bar. I will tel'
you why I rose to my feet. I had a personal ex-
perience recently, and I will recount it now. I
received a message from a prisoner whose name I
do not know at all, but he sent a message to me by
his sister saying that I owed him $15, for what she
could not say. T received a letter from him, and I
had no recognition of his name. I received a third
message sent by a taxi driver asking me to pay this
$15 which I did not lnow of, neither did he say for
what it was. I later came across a woman to whom
I was re-counting my experience, and she told me-
"He is lunatic, he has been to the Mental Hospital
several times."
As a member of the Visiting Committee of the
Mental Home, I remember signing a sheet with the
name of that person down there. The Visiting
Committee has, along with the Doctors of the Men-
tal Hospital, periodically, to review temporary eases
and sign documents and immediately, the name of
that man came back to me. I remember signing a
sheet with that name at the Mental Hospital with
Dr. Lloyd-Still and the name came back to me
That person saw me down there, and it flashed
back to me who the man was. He was a madman


-FEBRUARY 11, 1957.









FERUR 11 1957.- OFIIL AE


who had been convicted and sentenced to Glendairy
Prison. I do not know how many cases there are
like this one. I repeat: I suspect that there is
not enough mental investigation into criminality in
this Country; it is just assumed that people are
evil by design, and many psychiatrists will tell you
that people have certain uncontrollable impulses
for which they are not responsible.
If it is a question of murder, it is very often
the result of these uncontrollable impulses for
which persons are not mentally responsible; and 1
think that in our Courts there is room for a deeper
and, wider investigation in to certain cases. This
particular experience had me entirely baffled until
this particular woman told me that this man was
a madman, and everything came back to me as to
how I had signed this document with the Visiting
Committee at the Visiting Home. When I heard
that this man had been convicted, I said that he
is really not a criminal; he is a madman, but he
is up there.
Mr. ALLDER: I should only like to substanti-
ate the suggestion of the hon. junior member for St.
John. It is a fact that in the larger Countries psychia
trists are called in to examine and interpret the
mental condition of persons who have broken the
law, and I feel that it is very necessary that with
these proposed changes we should consider the pos-
sibility of getting the services of psychiatrists when
they are needed. The fact that so many people re-
gardless of the punishment and of the length of time
for which, they are imprisoned continue when re-
leased to commit themselves again, shows that they
may be some psychological weakness in such persons.
Of course, this might be one instance when we do not
want to, follow the practice in other progressive
Countries, but the thought need not be left without
being given consideration.
It is certainly time for us to consider this
matter. I have been reading "Fabian of the Yard"
in the Advocate, and he has brought forward some
cases which show clearly that the culprit had no
alternative but to follow his psychological weak.
ness. It is said that the change of the moon and
things of that sort have a great effect on some
people who commit crimes, and even within a
couple of minutes after the crimes have been com-
mitted, the culprit is as sorry as the greatest moral
ist. Therefore, in meeting out punishment, all of
these things should be taken into consideration in
view of the fact that science has developed today,
and that that part of science has been considered
as a very important aspect in the treatment of
criminals.
There is another point which I want to raise,
however, and it is the question of finger-printing.
I have not seen any specific stipulation providing
for that, and I would therefore like to have the
matter clarified.
6.35 p.m.
Clause 68 does make provision for a magistrate
on the application of a member of the Police Force
not below the rank of Inspector to order fingerprints
to be taken of any person over 15 years of age in
custody if charged with an offence and where tne
charge has been dismissed that the fingerprints must
be destroyed.
I do not like that Section being worded so baldly.
I think it should be that when certain crimes are
committed fingerprints should be taken; but as I
have read the Section, I have not noticed any pro-
vision qualifying the type of crime. I do hope that
those who know more of the law than I do will get
up and explain it. It does look very dangerous to
me if somebody might commit himself and the crime
is not great enough to have his fingerprints taken.


I am hoping that when the Hon. Premier gets up ne
will explain that for me.
Hon. Dr. H. G. H. CUMMINS: Under this
Bill, hon. members feel that there is no such pro-
vision made for mental cases at Glendairy coming
before the Courts. But if a magistrate or a judge
has the faintest suspicion that a defendant is a men-
tal case, he has the right to summon a Board of
Lunacy and refer that patient to the Board of
Lunacy.
Mr. BRANCKER: Did the hon. member sec-
ond the motion?
Mr. ALLDER: Mr. Speaker, I will be glad if
the Hon. Minister of Social Services will say why he
got up. I am still on my feet.
Hon. Dr. H. G. H. CUMMINS: I am sorry.
That is not correct. The hon. member sat and I th-n
got up.
Mr. SPEAKER: The hon. member is not
seconding the motion.
Mr. ALLDER: Mr. Speaker, I dislike the ex-
planation which the Hon. Minister of Social Ser-
vices attempted to give us. What my colleague and
i are worried about is not the behaviour of a prison-
er which would cause a magistrate or the Police
authorities to be suspicious. What we are worried
about is that we have read of cases where due to the
unbalanced mental state of a would-be prisoner he
commits a crime sometimes of a very heinous charac-
ter, but after that crime has been committed it seems
as if some change takes place in his behaviour; it
therefore becomes very difficult for anybody to
judge him by any yardstick different from the meas-
ure of sanity which the average individual displays.
We are not worried about a Board of Lunacy being
held on a prisoner because of his behaviour before
a Court of Justice, we are worried about the numer-
ous crimes committed by the same individual of a
specific character and which show that something
is wrong with his mental make up.
I hope the Hon. Minister has followed my ar-
gument. We have read where people have certain
weaknesses; that is to say, wherever they see an
item of a particular nature, they try to acquire it.
I have read of cases where wealthy ladies had to
be given private detectives to go around with them
to prevent them from taking up jewellery and
such articles, not that they could not give them-
selves the items they wanted but because they have
a psychological weakness.
I see the Hon. Minister is staring at me! I
do not know if he reads anything of these offences
in the Advocate. Sometime ago I saw in that news
paper that a legal gentleman of Jamaica was appre-
hended in a store in London for stealing a patent
knife. I do not know if the Hon. Premier is a
friend of his but that was a case in which an in-
fluential lawyer of Jamaica went up to England and
went into a store and stole a patent knife worth
only about five cents. Surely, there is something
wrong with that gentleman and you have similar
oases here. There is reason to believe that people
who every other day have to be carried to Glendairy
for certain offences, although the punishment is se
vere, are normal; because when you speak to those
individuals they appear to be normal. There are
men who will go and break and enter a house, but
who would part with a sixpence if they thought that
it will help somebody. It definitely calls for some-
thing higher than a Policeman giving evidence in
respect of a person like that.
I am hoping that just as we are developing
ourselves in other avenues, in these cases there should


FEBRUARY 11, 1957.


OFFICIALS; GAZETTE,








OFICA GAET Fnaia 11,-I. 1957.~Y


be provision for a psychiatrist to be attached to the
Judiciary and we should have such provision in the
not distant future. I do not know if that would be
possibly too much to do for those unfortunate per-
petrators of crime, but I hope we will travel fast
enough as to see the necessity for such an office to
be set up.
Mr. CRAWFORD: Sir, there is one thing
which worries me in the matter before the House
and that is the manner in which we are increasing
the cost of litigation in Barbados to the poor type of
person. It is not at all surprising, Sir, that this type
of legislation should come from the present Gov-
ernment.
In the opening paragraph of the "Objects and
Reasons", we are told that this is a companion Bill
to the Bill for the Supreme Court of Judicature Act
1956, which we passed earlier this year and the ob-
ject of these proposals is to abolish the existing ar-
rangement and number of Courts and to abolish a
two-level system consisting simply of Magistratcs
Courts; with both an increased Civil and Crimin.m
jurisdiction and a Supreme Court of Judicature
vested with the jurisdiction of all the existing
superior courts and with an appellate jurisdiction
over the Magistrate's Courts.
6.45 p.m.
In other words, you are abolishing the ordin-
ary Court of Appeal, with the result that a litigant
will go from the Magistrates Courts under this Bill
straight to the Supreme Court. Well, now, while
in theory that may sound alright, in actual prac-
tice it is going to work a very great hardship on
the average poor person who is compelled to go
to Court in order to get justice. From time im-
memorial in England, there have been various
methods through which the average poor person
who could not afford the cost of litigation could ge
all the legal assistance he wanted from the State.
The practice, Sir, of making an application for
State assistance has been wide spread in England
for centuries, and within recent times there has
been passed additional legislation in Great Britain
-I think the most recent Act is called the Poor
Persons Legal Aid Act passed about ten years ago
-under the provisions of which a person without
financial means who found himself compelled to go
to Court to obtain justice could get legal assistance
and other financial assistance from the State to
pursue his case.
Now, I mention that, Sir, because while this
legislation seeks to follow the English Legislation
on the various points, we have at the same time
omitted all reference to any possibility of provide
ing State aid for a person for litigation who can
not find the money out of his own pocket. It is
all well and good to say that the legislation before
the House and the Companion Bill already passed
will conform more or less to the United Kingdom
Legislation; but when you get down to actual
practice, since we deny litigants the financial assis-
tance under the circumstances in which they get
it in Great Britain, it means in Barbados that a
person will not be able to go to Court at all; and
if he goes to the Magistrates Court and is not sat-
isfied with the verdict he will have to stop there
Normally, if you are not satisfied with the Magis-
trate's decision and you go to the other Courts,
the average Barrister would charge about $30, the
Solicitor about $30 making a total of $60, and if
you won the case the taxed costs you would get
back was around 6, that is around half the
amount you spent; but after we have done what
we are proposing to do here, the moment you lose
and go straight to the Supreme Court, there is
not a single Barrister who would go to the Supreme


Court for less than 50, a Solicitor 50 making a
total of 100 and your taxed costs, if you won,
may be somewhere around 40; so in any case
you lose around 60. The average poor person in
Barbados cannot afford to go to the Supfeme Court
and it means when you lose a case in the Magis-
trates Court, and there is the proposal to send you
straight from the Lower Court to the Higher Court,
you are placing such a financial stumbling block
in the way of litigants that many a man who feels
he has been denied justice in the Lower Court
will have to accept the Magistrates' decision be-
cause he or she is financially unable to go t',
the Higher Court. It is not fair, Mr. Speaker, to
Barbados bearing in mind the level of existence in
our Society. It is not fair or reasonable to ask
the average person involved in litigation to find
the money involved in opening the Supreme Court
if he or she has failed to get justice in the Lower
Court. In other words, I am entirely in agreement
with the suggestion previously made that there is
no reasonable ground for abolishing the Court of
Appeal and simply to step up jurisdiction of the
Magistrates' Courts to the higher level, and so to
speak bring down jurisdiction in certain respects
of the Supreme Court to the level at which the
Courts operated. While it may simplify the prac-
tice and decrease the number of Courts in the
Island, at the same time it cannot operate to any
extent in assisting the average litigant and assist!,
ing justice; and that is what the Courts exist for
We in this Chamber should oppose more strenuous-
any attempt to reduce the number of Courts and
in so doing place stumbling blocks in the way of
litigants on the grounds of economy. All it means
is this, Sir, that the average Barrister who would
not be content with a $30 fee which is the fee they
charge for an Appeal from the Magistrates Court
will now open their hands for a 50 fee for a
case because it has to go to the Supreme Court. If
that is fair and right, there is something wrong
with my way of thinking.
Apart from that, Sir, it is hardly necessary
for me to add my own personal conviction that the
section dealing with the flogging and whipping of
young children in which the minimum age is seven
should not meet with the support of reasonable
people; and after all, a child at seven regardless of
its natural bent is still a child of tender age. The
Premier himself attends every now and then some
convention and I should be very surprised to hear
that the I.L.O. Convention on this matter permits
flogging of children for the offences enumerated
here at the age of seven. [A VOICE: Shame!] It
,eems to me to be a tender age and though I have not
checked the I.L.O. Convention to see what it states
I should be very surprised to find out that it per
mits it. Finally, Sir, there has been this increase
in fines in part IV of the Bill. While I agree .f at
the present fines might be low, bearing in mind the
increase in the value of money between now and
when these fines were originally fixed, I still be-
lieve, Sir, that the 100% increase is too high. Where
the fine was $50, it is now $100; and while the
law in its penal sanctions should act as a deterrent.
yet there can be no case for making the fines in
any given instance unreasonable or extravagantly
high.
6.55 p.m.
Hbon. G. H. ADAMS: In view of the fact that the
Hon. Minister of Social Services did not have the
chance of finishing all that he was saying, I want to
say that it is clear that no Court, whether we have
psychiatrists or not, would fail, in the interest of
justice, if it thought that from the appearance or the
conduct of a man who is charged with an offence,
there is any indication that he is a mental case, to


OFFICIAL GAZETTE


FEBPBuARY 11, 1957.








FERAY1,15.OFCA AET


adjourn the case and get his conduct examined. I
need not make any more reply on that point. The
honourable member said that I sneered at his re-
mark, but I did not sneer; I laughed, because one
can think of the woman with diamonds hidden and
carrying around a private detective, in case she ge s
caught, as a witness. One can have half a dozen
things in his pocket to prove that he is mad.
There has been so much dispute among mem-
bers of the legal profession and others and among
members of the medical profession and others that
this whole question will be a matter more of acade-
mic debate than of practical interest. We all know
That there is a certain standard laid down by law as
regards madness, and if you do not come within that
standard, then you are not mad; certain Judges say
that it is all very well after the offence has been
committed, and you are brought into Court, ;o say:-
"For the moment he lost control of himself to such
an extent that he did not know himself." The good
old test of Mr. Justice Darling still holds good:
"Would he have done it if a Policeman were at his
elbow?" The law must say: "This is madness and
that is not" because the doctors themselves do ~ct
know. It is almost true to say that if we were to
send to a Mental Home all the mentally-unbalanced,
we would have to build a wall around this island
[Laughter.] So much for that matter.
I suppose we ought to cease wondering by now
at anything which the honourable senior member for
St. Philip ever says, because he makes some or the
most preposterous statements, most of which we know
to be nonsense. He says a poor man has a case in
the Police Court today and he goes to the Court of
Appeal and carries a Barrister and a Solicitor for
$30 each: Well, Solicitors do wax fat, but they do
not get appeal work. You do not carry a Solicitor
in the Police Court in an ordinary case. What is
happening is that instead the Judges are being called
Puisne Judges, and the same two Judges may be
Puisne Judges in the Superior Court. Just as there
is no scale of costs for appeals from Magistrates.
you are not entitled to Lawyer's costs; therefore
when Regulations are being made, even if any
costs are allowed in ordinary appeals from, Magis-
trates, it will be necessary to have Solicitors in-
structfng Counsel. A man gets a month's sentence,
and he appeals; he goes to the Supreme Court, and
where is the necessity for carrying along a Solicitor
No rules will make the Law any dearer than it is
now.
Mr. CRAWFORD: rose to speak.
Hon. G. H. ADAMS: Mr. Speaker, is he speak
iig on a point of order?
Mr. SPEAKER: Is the hon. member on a
point of order?
Mr. CRAWFORD: if the hon. member waits.
he will see. I was merely emphasizing the position
where one is carrying a Solicitor in each Court.
Mr. SPEAKER: The hon. member must not
interrupt. If he has been misrepresented, he will
be allowed to speak on a point of order and for nm
)her reason. The hon. member must state his point,
and show how he has been misrepresented.
Mr. CRAWFORD: The hon. member has empha-
sised that there is no necessity for any Solicitor--
Mr. SPEAKER: The hon. member is out of
order; that is not a point of order.
Mr. CRAWFORD: What I said was this: in so
far as my interest is concerned, the necessity for
carrying a Solicitor in every Court was not im-
portant. What is important, is that the scale of
fees in the Lower Court is there, and the scale of
fees in the Appeal Court is higher; The scale of fees


in the Supreme Court is higher, I defy the hon.
member to say-
Mr. SPEAKER: Defying the hon. member iL
out of order.
Ar. CRAWFORD: Could you get a Barrister
or a Solicitor to go before the Supreme Court for
The same scale of fees for which he would go before
the existing Court of Appeal? The moment a Bar-
rister or a Solicitor goes to the Supreme Court, he
will want doubl- or treble the fees which he charged
in the Court of Appeal.
Hon. G. H. ADAMS: It would have been far
better if the honourable member had not said any-
thing. The scale of fees allowed in Barbados is
notoriously lower than it is in St. Lucia. If a
Barrister chooses to charge a man $1,000, and the
client chooses to pay that fee, it is a matter for them.
If a Barrister chooses to go before a Magistrate for
$5.00, and he chooses to go to the Court of Appeal
lor the same fee of $5.00, that is a matter for himself
and his client. I repeat that we are merely trans-
ferring from the Magistrate's Court to the Supreme
Court, and Rules and Regulations have to be made.
The scale of costs does not prevent a man from
getting a Barrister to work for him for nothing.
When it comes to the other point, the Supreme
Court today has a jurisdiction of 50 plus; you are
now giving a Magistrate a jurisdiction of $250.00,
therefore you are making it cheaper for a man, be-
cause he can go into a Court with a collision case
and sue another for $250.00.
Mr. CRAWFORD: That is sheer dishonesty.
Mr. SPEAKER: The honourable member is
interrupting with his loud asides; he must not con-
tinue to do so.
Hon. G. H. ADAMS: I was saying, Sir, that far
from making it dearer for a man to go into Court,
we are making it cheaper. Today, you have to go to
the Supreme Court with a certain jurisdiction.
7.05 p.m.
Mr. CRAWFORD: I want to explain, Mr.
Speaker, that my remarks were primary addressed
to the possibility of persons getting justice who
were dissatisfied with the decision in the lower
court. Whether or not you have increased juris-
diction of the lower court is unimportant.
Mr. SPEAKER: The hon. member will stick
to his point.
Mr. CRAWFORD: My point is this, Mr.
Speaker, I am concerned with the opening of an
appeal court if you are dissatisfied with the decis-
ion of the lower court. Where you should carry
this is unimportant to me. Normally, you can go
with a decision from a magistrate's court to the
Appeal Court without any cost. Now, according to
this Bill, you must go to the Supreme Court and
if that is so, it must be infinitely higher than going
to an appeal court.
Mr. SPEAKER: The hon. member will not be
allowed to repeat that.
Mr. CRAWFORD: But the Hon. Premier does
not understand it.
Mr. SPEAKER: The hon. member will not be
allowed now.
Hon. G. H. ADAMS: Mr. Speaker, I apologise
to the House but I hope the Committee will not
take any notice of what the hon. senior member for
St. Philip says. As regards the point made by the
hon. senior member for St. George and the hon.
senior member for the City, it is surprising that
on an important point like that that those two hon.
members did not secure all of their facts first. I
am referring to the contents of Section 62. I think
one member said common law and the other said
law. Let me say that Section 62 is worded in the
same way as the law is today. Had I the slightest


FEBRUARY 11, 1957.


OFFICIAL GAZETTE








O A G EEBA 1,


intimation that this point would have been raised,
I would have looked up the Laws of Barbados to
see when it was first the law of Barbados but it
was the law when the Police Magistrates Act of
1905 came into force; in short, it was the law for
the last 50 years and it is line for line in this new
Bill, the single exception is to use the word "magis-
trate" for the word "Police" I would be inclined
to say that it was the law of Barbados for a century.
Of course, I have not checked up when it was
brought into force before.
Section 44 of the present Act says that "where
any boy who in the opinion of the Police Magistrate
is under the age of sixteen years but above the age
of seven years and of sufficient capacity to commit
crime, shall be convicted of an offence punishable
upon summary conviction, the Police Magistrate may,
in his discretion, in lieu of or in addition to any
punishment to which he may be subject, sentence
him to be privately whipped by a member of the
Police Force in the presence of a Sergeant of
Police with a 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 he so desires. We have not
changed that. If up to the age of eight years' is the
law for one not capable of committing a crime, you
will have to say above the age of eight years and
of sufficient capacity to commit crime. That is the
answer and I suggest that there is nothing wrong
about that. I do not think-there is any other point
made to which I should reply.
The question that the Bill be now read a second
time was put and resolved in the affirmative without
division.
On motion of Hon. G. H. ADAMS seconded by
Hon. Dr. CUMMINS Mr SPEAKER left the Cha?.-
and the House went into Committee on the Bill,
Mr. SMITH being in the Chair.
Clauses 1 to 7 inclusive were called separately
and passed.
Clause 8 was called. It reads as follows:-
"The places and times for the attendance of
magistrates for the hearing of all cases or matters
which they are competent to hear and determine
shall be such as may be prescribed."
Hon. G. H. ADAMS: I beg to move that Clause
8 stand part.
Hon. Dr. H. G. II. CUMMINS: I beg to second
that.
Mr. BRANCKER: Mr. Chairman, may I enquire
ofi the Hon. Premier who is it proposed that should
prescribe the place and times for the attendance of
magistrates for the hearing of all cases?
Hon. G. H. ADAMS: Mr. Chairman, the hon,
member will see that provision is made for an
Judicial Advisory Council which is comprised of
the Chief Justice, the Attorney General, the Puisne
Judges, the Queen Solicitor a Magistrate appointed
by the Governor, and a barrister-at-law or a solicitor
who is a member of and nominated by the council
of the Barbados Law Society. That Council will
prescribe the time and places where these magis-
trates will sit.
Th/ question that Clause 8 stand part was put
and resolved in the affirmative without division.
Clauses 9 to 26 inclusive were called and passed.
Clause 27 was called.
Mr. BRANCKER: Mr. Chairman, sub-section 3
of this Section reads "where a person is charged with
any offence other than those mentioned in the last
two preceding sub-sections, the Magistrate shall admit
him to bail, unless there is evidence sworn before
the Magistrate that the accused person either intends


or i;s likely to leave the Island, or by any other means
evade trial, or unless such person shall have pre-
viously been convicted of a felony."
Well Sir as I see it, in actual practice some"
body has to swear whether they have the least
g,'ounds for saying that the person, has intentions
of leaving the Island, and that does not admit him
to bail. It does not say that the Magistrate is to
le satisfied with the person who swears. It may be
presumed, but it is too wide a presumption to be
left out of the Act of the Legislature.
Hon. G. H. ADAMS: I do not think it is too
great a presumption for somebody to get into the
Box and say I am John Brown and I swea- to it.
That cannot be enough and the Magistrate should
ask him why he says so. I do not see for a moment
tiat a Magistrate would be doing justice merely to
have somebody to get into the Box without any
knowledge of the accused persons intention and sa)
tiat it is satisfactory evidence on which to refuse
bail. What I would say is this: there is nothing
in the section which implied that the accused cannot
cross-examine him as to the grounds on which he
is swearing this evidence, and if it appears that
his evidence cannot be believed the Magistrate
would not take that as evidence on which to refuse
bail. T do not want to express my persona' opin-
ion but I notice the refusal to grant bail has in-
creased since the time when I was a young prac
titioner.
Mr. BRANCKER: Sir, I would just say this,
that since the hon. member was a young practi-
tioner or even in recent practice Lord Justice God-
dard's famous pronouncement made in respect of
house-breaking cases which says where the offender
is liable to repeat the crime he should not be grant-
ed bail because he is likely while on bail to repeat
the offence. That was a few years ago, but in
order to ensure under this Section that there is no
unfair refusal of bail, I am going to suggest that the
word "before" be deleted and in its place be sub-
situated the words "to satisfy". It would therefore
read with this minimum amendment "Where a person
is charged with any offence other than those men-
tioned in the last two proceeding sub-sections, the
Magistrate shall admit him to bail, unless there
is evidence sworn to satisfy the Magistrate that the
accused person either intends or is likely to leave
the Island.
IIon. G. H. ADAM6. This is stronger than the
present practice. Today, a Policeman has not got te
swear. A Policeman has only to object by saying a
man will leave the Island and the Magistrate will
say "I am not giving bail." This amendment is
stronger than if the evidence is sworn before the
Magistrate, and I repeat if you begin to swear
evidence you open yourself to cross-examination as
to why you think he is going to leave the island,
whether he has made some attempt to get to some
steamship. As soon as the Magistrate sees he is talk-
ing for the sake of talking it is not evidence to be
taken seriously and I repeat it is stronger in the
present form.
Mr. BRANCKER: Let me put it this way: a
Magistrate feels he is complying with the Section
under that by simply doing certain formalities. If
the person says the accused is likely to leave the
Island or by ol.her means evade trial and he takes
the Book, kisses it and giving his name, swears before
the Magistrate, he will feel that he has complied
with the law, I would move as an amendment that
the word "before" be deleted and the words "to
satisfy" be inserted.
Hon. G. H. ADAMS. The hon. member does
not see that id ( position is worse now. The Policeman


FEBRuARP 11, 1957.


OF'FICIAL GAZETTE







OFFICIAL GAZETTE 305


has only got to whisper he is likely to go away and
the magistrate says "I am not granting bail." If
the Policeman swears he is likely to go away although
he may ha e a lawyer the magistrate will say "I
am not going to give you bail". Bail is not a matter
of right b -ause everything depends on the loyalty
of the nman standing trial, but it is far more diffi-
cult tc get ball now than ten or fifteen years ago.
I do not see any danger in the hon. members objec-
tion
7.25 p.m.
Mr. BRANCKER: As it is now, if you apply
to a Magistrate for ball, and it is not granted, you
apply to the High Court; and if this sub-Section
becomes Law, the position will be that the High
Court will not have any jurisdiction in the matter
at all. Tih High Court will say that the Magistrate
has taken evidence that this man intends to leave
the Island and avoid trial. If you go before the
High Court, all the iHig'h Court Judge will say, is
that the Magistrate has complied with the Law; he
has done what the Law says is to be done, and the
Court will not interfere with his discretion unless
he has acted perversely. The application was made
to the High Court for bail to be granted, when
Mr. McLeod refused to grant it, and when Mr.
McLeod gave bail, the authorities objected to it,
and Mr. McLeod was fired.
The question that Clause 27 stand part of the
Bill was put and resolved in the affirmative with.-
out division.
Clauses 28 to 61 inclusive were called and passed.
Clause 62 was called.
Hon. G. H. ADAMS: I beg to move that Clause
62 stand part of the Bill.
Hon. M. E COX: I beg to second that.
Mr. ALLDER: This Clause reads as follows:-
"Where any boy, who in the opinion of the
magistrate is under the age of sixteen years but
above the age seven years and of sufficient capacity
to commit crime, shall be convicted of an offence
punishable upon summary conviction, the magis-
trate may, in his discretion, in lieu or addition to
any punishment to which he may be subject, sen-
tence him to be privately whipped by a member
of the Police Force in the presence of a registered
practitioner and a sergeant of police with a tamar-
ind 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 he so
desires."
I feel that administering a couple of lashes
with a tamarind rod to a boy does not merit the
presence of a medical practicner; I feel that that
is unnecessary. Such things take place daily; boys
get whipped, girls get whipped, and no doctors
are present to see such floggings administered. I
feel it would be too costly on the Government if
they have to summon a doctor and probably give
him a guinea or two guineas to see a boy get half
a dozen or a dozen lashes.
I am going to suggest that the words "in the
presence of a registered medical practitioner" be
struck out. I do not see the necessity for such.
7.35 p.m.
Hon. G. H. ADAMS: Mr. Chairman, first of
all, I must apologise to the Committee. I repeat:
word for word this is the present state of the law.
Actually, "in the presence of a registered medical
practitioner" has been deliberately inserted on hu-
mane grounds. The registered medical practitioner
may find that the boy may be terrified. It may be
that he may faint. The. present state of the law
says in the presence of a sergeant of police and


boy's pareins, if he likes. I believe it is good to
have a doctor there because it may be necessary,
even though a judge orders twenty strokes, for
the doctor to stop the flogging after five or six
strkesf have uen given. i think that is a necessary
addition.
Mr. E. D. MOTTLEY. Mr. Chairman, I must
agree wish the Hon. Premier on that score. If you
do not have a medical man and a policeman starts
flogging that boy and that boy dies, that policeman
can be charged for manslaughter.
What I want the Hon. Premier to say is this.
Is what the hon. senor member for St. George said
actually the situation in England? I am referring
to a boy over seven years. What is the legal posi-
tion in England? The hon. senior member for St.
(eorge said that it goes on to the age of eight years.
If they extend it to the age of eight years I am
asking the H:E. Premier if he does not think it
wise to extend this to eight years also. I accept what
the hon. senior member for St. George said and I
accept that this is the Law here; but if the law in
England is that the boy should be above the age of
eight years, why not make it that the boy should
be above the age of eight years here too. Why flog
him after he becomes seven years in Barbados, and
i, England he is only responsible after he becomes
eight years
Mr. BRANCKER: Mr. Chairman, before the
Hon. Premier replies I will deal with another aspect
of this Section. I do not remember offhand, but
frankly I cannot think enamourously of flogging a
boy under the age of sixteen years. After all, these
are boys of baptismal and birth certificates. We do
not want the opinion of a magistrate as to whether
a person is to the age ol 16 years. It is not a ques-
tion of whether the magistrate is satisfied that he
is under the age of lb years. If a magistrate is
getting old so that his eyesight is failing him or he
is not a good judge of ages, it should be that he
should refer to a birth certificate.
lion. G. H. ADAMS: I am somewhat inclined
to think we have mado provision for that. I cannot
tell offhand, but I thin it is that a magistrate has
to inform himself of a person's age by a Baptismal
Certificate. I do not think there is general provision
about knowing a person's age; you cannot guess.
Even though he may look, he must inform himself
as to whether a child is this or that age. I do think
it is specifically laid down that a judge must try
and get a Baptismal Certificate, or if it is missing,
he must get people whom he can rely on to certify
(as a judge) the person's age.
''At common law, a child under fourteen years
is presumed not to have reached the age of discre-
tion and to be doli incapax, but this presumption
may bP rebutted by strong and pregnant evidence
of a mischievous discretion, expressed in the maxim
"iwlitia upplet aetatcm": for the capacity to
.commit crime, do evil and contract guilt, is not so
n.uch measured by years and days as by the strength
of the delinquent's understanding and judgment."
That is the common law. You can bring evidence.
Tn England. it is between the ,ages of eight and
fourteen, and in all the present Statutes passed in
1933. the age remains at eight. That is perfectly
true as to the case in England; but as I have said,
what we have in this Bill is already the Act of
this Island. That was what we started with.
The mere fact that it was on the Statute Book
for at least fifty years and nobody complained that
it has worked a hardship, and the very fact that
it was raised in here todav by Counsel that the
case or cases in which a child of seven years plus


FEBE;RUARZY 11, 1957.








OFICA GAET _iRA 11 97


has been badly treated because he has been sen-
tenced and in addition flogged are few, goes to show
that it could never have stood on the Statute Book
'ery long after if it had led to any abuse. I am
therefore suggesting, since no reason has been shown
that since its enactment it has not proved to be a
hardship, that we should let the law stay where it
is.
7.45 p.m.
Mr. E. D. MOTTLEY: Now, Look here Sir, I
quite appreciate what the hon. member has said.
One thing he has cleared up is that what the hon.
senior member for St. George has said is true by
a Statute of 1933. As far as I am concerned, I
would move the deletion of "eight," but the hon
member further says he would look it up and see why
it was started. That was started in those days when
if you went and picked pond grass or if you took
up a piece of cane, you could be flogged. If in
England they have been sane enough to amend
"eight", what is wrong with our amending it? The
hon. member said it has not worked any hardship
in the past, therefore let it remain. Are you not
amending the whole Judiciary Acts and bringing
them up to date? If therefore, you are now amending
to bring them up to date with the English Act ana
you have yourself admitted this provision was
amended in 1933, therefore in fairness to the people
of this colony, let us make it eight. If one type of
thing is good for Barbados because England has it,
let us have this changed also, because there should be
no division upon this at all. We are dealing with
children, and the Premier has said what the hon
senior member for St. George stated is true. Should
we pass legislation with this with the age of "seven"
when in England we say it is "eight" 7 They must
have studied the matter in England. The difference
between the years "seven" and "eight" must make
a tremendous difference in a child. In some place:
in the States you remain an infant from babyhood
until the age of seven or eight; and a "child" up to
the time you go to the Army-at about the age of
eighteen. I appeal to the hon. member who although
he says it has not worked any hardships in the past.
When you come to the question 'of eight and if you
admit that it is the law in England, we should
amend it and put it as from eight, because it cannot
take one long to see the reason why in the old
days the age for; flogging was placed at "seven".
I remember going to Bissex Hill and seeing the
authorities wanting to flog a child of seven foi
doing something wrong. If in England it has been
amended to read "eight", it should be eight in
Barbadcs also; but because you say it seems not
to have worked any hardship and nobody tool
advantage of it, you want to let it remain. Now
in England you do not consider a child responsible
for doing anything wrong until it is eight, so what
is the difference between the English child and my
child and your child? If you have admitted that
this is the practice in England, why do you not do
it too? I make an appeal to the Hon Premier that
this is one of those small things which the people
feel very strongly about. There is not one point in
favour of this section and I would make an appeal
to him to change it.
There is one further point, and that is the in
elusion of a Registered Medical Practitioner and I
agree with that. You see, you may get the type of
child whom the BMagistrate does not like, or perhaps
someone might consider that going up in a mango
or ackee tree is a crime, but I would laugh at such.
T do not see how you cold have these things. Some
people feel they should not do it. A boy will steal


a piece of cane or a mango off a tree (and I would
consider a child to be sick if he does not attempt
it or that he is not a boy), and I agree you should
have a Registered Medical Practitioner present be-
cause you get some people who could be very cruel.
Though it effects no hardship, I feel it should be
changed. It should be changed to "eight" instead of
remaining at seven. I would go further here vnd say
there is another point which the Premier might
answer.
Where any boy, who in the opinion of the
magistrate under the age of sixteen years but above
the age of seven years and of sufficient capacity to
commit crime, shall be convicted of an offence
punishable upon summary conviction, the magis-
trate, may, in his discretion, in lieu or addition
to any punishment to which he may be subject,
sentence him to be privately whipped by a member
of the Police Force..........." I would like to ask
the hon. member this: do you think that it should
be the magistrate's discretion even for a first offence
I am perfectly willing to be guided on that. 1
know the hon. member may feel that a magistrate
is a reasonable man, but we have seen a lot of things.
Do you think you should give this authority to a
person for a boy committing a first offence. Going
through the Laws of Barbados you come across
various Statutes. For a first and second offence P
boy may be fined, or a fine may be put on his
mother; but to have him flogged .... I am asking
the Premier whether he should not consider that.
I am going to move therefore, Sir, that in line three
of Section 62 where the word "seven" occurs that
it be deleted and that the word "eight" be inserted
therefore. We cannot without any justification say
after what the Premier has said that our children in
the West Indies should be considered to be responsi-
ble for committing an offence at the age of seven,
when an English child is not responsible for com-
mitting an offence until he is eight. For God's
sake! I do not think you can face the public with
that. How would you feel, Mr. Chairman; would not
it appear that this is an admission in one way
or another that it is not right at all. I am moving
first of all, that in line 3 where the word "seven'
occurs it be changed to "eight", because to pass it
here tonight as it is would be an admission that our
children are inferior and therefore our children are
responsible for committing wrong at the age of seven,
but for the English child they saw fit to argue thai
that age was too young because there is a ten
dency to get children to remain as children as long
as they possibly can; that is the reason why peoplT
want to see their sons and daughters remain children
among them. Only those who want to drive them
from around us would not want them to remain as
children.
I beg to move that this be amended.
Mr. TUDOR: I rise to second the amendment
made by the hon. senior member for the City, Al-
though I am pleased to give him my support by sec-
onding his motion, I nevertheless do so with a certain
amount of misgiving. I am not impressed, Mr.
Chairman, by the argument that because in England
the age above which corporal punishment is admin-
istered a child is eight years, it must now be seven
years. I support the amendment because I do feel
that it is even shameful that we have to contemplate
it at all; and on that respect, eight is better than
seven, as nine would be better than eight and ten
would be better than nine. I think it has to be re-
membered, Mr. Chairman, that the children for whom
it is contemplated that this whipping by a tamarind


FBRUARY 11, 1957.


OFFICIAL GAZETTE








OFFICIAL GAZETTE 307


xod or anything else will bs administered, will not
be, in the large majority of cases, the children of
members of this Chamber or of the Other Place; and
they are not likely to be, except in rare cases, the
children of the well-to-do. It therefore goes without
saying that, for the most part, it is contemplated
that this Clause will apply to people who come from
poor homes and who for want of a sense of security,
often turn out to be bad through no fault of their
own.
I am willing to conceive that there must be some
punishment of some sort for small offenders, aind
that punishment must ibe so designed as to correct
whatever may express itself in young people, and to
correct it as quickly as possible. However, if you
read this Clause carefully, you will see that this
proposed whipping of twelve strokes by a tamarind
rod will be administered either in place of some
other kind of punishment or in addition to it, and
therefore, it is not suggested that the giving up cl
the whipping or the raising of the age will in anm
way make whatever punishment a Magistrate might
deem fit to impose any less severe. I know that
there is a wise precaution in the Law which orders
it so, that the whipping is given either in place of
something else, or in addition to something else.
There is no sense in the argument that a doctor
should be present. I think that is nonsense; the
presence of a doctor cannot affect the consequence
of the whipping of a nervous child. It does not
follow, because a child has committed an offence,
that it is not necessarily a sick child. It is also pro-
vided that the parent or guardian of a child can be
allowed to be present at a whipping if he so desires,
but that does not alter the fact that it is corporal
punishment that you are imposing on young persons.
We are living in an enlightened age. and some pun-
ishment must be inflicted; but it is for the: Prol ation
Officers or such people to prescribe the punishment
of any young offender exclusive of corporal punish
ment. I have to emphasis that the overwhelming
majority of offenders will be young persons who come
from very poor homes where the conditions of secur-
ity and of well-being will not be as evident as in
other homes. It is true, of course, that Juvenile
Delinquency is not necessarily confined to poo)i
children, but it is the children of poor people who
are more prone to be delinquent than those of the
well-to-do people, or those of well-to-do people as I
Would say that is the children of the well-to-do popu
lation who can be restrained more so that any others.
Therefore, we should devise a means of punish-
ment more in keeping with the humanee' elements.
I would like to see the abolition of the flogging
entirely, but since it is unlikely that this can i.
achieved, I am willing to support the motion for the
deletion of the word "seven" and the substitution
of the word "eight". I wish in seconding the hon.
member's motion, to emphasise that I do hope that
the time will not be long before attention is paid to
this matter again, so that a more humane and per-
haps a more enlightened attitude can be brought to
bear on this whole question of Juvenile Delinquency,
and a less likely return to corporal punishment. I
hope we will hear of punishment suitably designed
for young persons which does not necessarily meaid
the abolition of corporal punishment. For the
reasons which are given I have much pleasure iu
seconding the motion of the hon. senior member for
the City.
Hon. 18. H. ADAMS: The hon. senior member
for the City must feel rather awkward after hear-
ing the speech made by the seconder of his motion.


The hon. member feels that whipping is good for
some children, but the seconder of his motion does
not believe in whipping at all. Now, this matter
needs a little further investigation; any infant is a
child up to seven years of age, and a minor is a child
between the ages of eight and twenty-one. This
age is not universal to start with. You cannot
compare conditions in these matters elsewhere with;
conditions in Barbados. I believe in capital punish-
ment, and in flogging; but when it comes to the
ages of children, look at the difference. A child
in the Tropics ages more quickly than a child in
cold England. [Mr. E. D. MOTTLEY: What do
you mean by ageing more quickly?] I mean that
a child in the tropics matures more quickly than
child in England. A boy under fourteen is deemed
to be impotent and to be below the age of discretion;
but what Barbadian boy at the age of fourteen is
impotent? He is not an Eskimo; he starts early
in Barbados. [Mr. E. D. MOTTLEY: I take it
you are speaking from personal experience.] I
have practised in the Law Courts for nearly thirty
years.
8.05 p.m.

You cannot possibly compare the two. Eight
years may be a suitable time to start off with in
England, but it may not be a suitable time to starS
off with in Barbados. In India, the age for marriage
is much lower than fourteen; but it is known that
those in temperate climates.
I am sorry if I gave the impression that this is
the law of England today because from 1948 there
is no whipping in England. They have just re-
cently abolished capital punishment. They abolished
all kinds of flogging since 1948 but does that mean
that we should follow England in that? [A VOICE
Why not ?] Well, I do not agree.
You get a child at the age of seven years stab-
bing in Barbados. Suppose a little boy of seven years
stabs another boy, you send him to Dodds or an
approved school, and give him a flogging for using
a knife. Only in certain cases you impose the ad-
ditional punishment of flogging. Suppose he steals a
bit of cane, and somebody brings a case against him,
the magistrate ought to chase the person out of Court.
There may be instances in which he should be punish-
ed by being put in a Borstal institution, or the Gov-
ernment Industrial School; and in very bad cases,
1e should be flogged, say, for stabbing.
The point I wish to make is that it is not enough
because in England they say that, to presume that a
child of eight years and upwards can commit a
crime. Before, they used to say that a child un-
der fourteen years cannot be presumed to commit a
crime. Now they say "eight years". We are not go-
ing as far as that. I repeat: there is a difference
in laying down ages.
I suggest in our dealing with children gener-
ally, when we reach the stage where we can modify
cur law. that will be time enough; but as I have
,aid before, this was the law for a long time; and
nobody has complained of the age of seven years be
ing too young. The hon. senior member for tl.
City has found himself in the ludicrous position of
being seconded by a member who does not believe in
punishment at all. Remember, the age of eight years
was not the law in all instances in England. Because
of humanitarian reasons, or softness, whatever you
may call it, they say that not even a habitual crimi-
nal can be flagged. That is the state of the law today
in England. Therefore there is no point in making
comparisons. I repeat: all abuses and anomalies were
wiped out, but I suggest that this is not an anomaly


FEBRUARY 11, 195'7.









OFIILGZE~ ERAR 1 97


Mr. TUDOR:: Mr. Chairman, of course the
Hon. Premier is quite right in saying that the hon.
senior member for the City has been seconded by a
person who does not believe in punishment at all.
I am going to wait and see if Government will re-
duce the number of young offenders by saying that
they should be flogged.
My reason for seconding the motion is: since it
is impossible to do away with it altogether, the only
things I can do is to compromise by supporting the
hon. member in his motion to get the age higher. The
only justification for Government not accepting this
amendment is if it can be shown that by accepting
it, the number of possible young offenders will rise
phenomenally. I think it is too small a point for con-
troversy, but yet large enough for a concession to be
made. Bear in mind, I was only thinking primarily
of the interest of young children themselves in press-
ing the Government to accept the amendment; bat
the Hon. Premier is quite right in what he said be-
cause my own view is that I would abolish flogging
altogether. Since that cannot be agreed to, I am sup-
porting the amendment.
Mr. BRANCKER: There is one thing which
has occurred to me. If this flogging has to be done
it should be done not only in presence of the parent
or guardian, but certainly in the presence of th",
Probation Officer. As you know, the law is that if
you propose to lodge a case against a minor, you
must carry your complaint to the Probation Oficer
for his sanction, otherwise you cannot get sanction
I submit that it is more imperative before the sen-
tence of flogging is carried out and more particu-
.larly since we are not abolishing it in this island,
it having been outdated in other countries, that th-
Probation Officer should be in attendance.
Mr. Chairman, I am moving an amendment
for the insertion of the words "Probation Officer "
in line 9 after the words "Medical Practitioner '
Mr. TUDOR: I beg to second that.
Mr. ALLDER: Mr. Chairman, I am moving
a further amendment for the inclusion of Hist
Lordship the Bishop and the Rector! After all, this
is ridiculous. There must be some measure of dis-
<3pline, and we know that due to the breaking-up
of many a home that children are thrown on the
streets at ages more tender than when we were
children. We know too well that the attempt to
treat children with too much leniency is causing
a lot of trouble in the United States of America in
dealing with gangsters, not only in the adult pop-
ulation, but even among teenagers. There must be
some deadline and limit to which we must go.
Youngsters themselves administer blows to each
other with sticks and stones on the playing held,
and no parent or doctor is there to see whether
they will suffer from heart failure. In the home
itself, some parents take up .a stick or cow's ikin
and strike their children with it, and there is no
regard for the physical condition of the child.
8.15 p.m.
No doctor is asked to be there, but now we are say-
ing in passing this Bill a doctor must be there, a Pro-
bation Officer must be there, as well as a Police Cou-i
stable and Police Sergeant. It is ridiculous; there
must be some deterrent and the best deterrent in
handling children is to flog them. [A VOICEI: Not
i ecessarily!] Not necessarily what! If unfortun
ately they commit crime they must be punished. 1
am not saying that the punishment should be ex-
treme, but why say that a doctor should be there
and that a Sergeant or Police Constable would be so
brutal to use more force than is necessary? You
have made provision for the parent or guardian to be


there and personally I would not have a doctor there
at all because Magistrate could see whether the child
was able to bear a flogging; and the child who could
not bear a couple of lashes with a rod would not be
able to commit a crime. A man would do anything;
even if he did not have hands or feet, he would still
find a way to do something wrong. No child who
would commit a crime is beyond bearing a couple
of lashes with a rod, unless the case was delayed
so long that he has taken ill since. You get parents
who worthlessly ignore their children, throw them
on the streets where children associate with others;
and today there is nothing from the point of view of
embarrassingg people by abusing them. I forgive
dealingg in a measure because hunger would drno
ihe best person to steal something because it is na-
ture: but there is scarcely any respect in certain
circle of children to-day, and there must be a deter-
rent. When we were boys, we only used an abusive
word when an adult was not present; but today the
smallest child-and of seven years too--looks into
your face and calls you anything he likes; and there
must be some deterrent. If a parent does not want
the law to fall on his child, he will keep him and
train him as a parent should do. There is a limit
as to how far we should go.
Mr. E. D. MOTTLEY: I am not opposed to
corporal punishment, but I do not agree with the
hon. member. His opinion is a very silly one, and
I am awfully sorry he has made such a speech. I
am of the opinion that every parent has the same
feeling towards his child, and the hon. members
must remember that many broken homes today are
due principally to th. economic position of the peo-
ple. In big countries where the standard of living
is higher and the economic position is higher, it is
a question of broken homes more or less that contri
bute to the problem of delinquency. Certain delini
quents come from the slum areas, but most of tae
people believe they must raise children to believe in
'"od and raise them as true Christian children.
These children seldom get into trouble. I am always
in sympathy with people's children getting into
trouble, because I realise how often I have seen
women come before me with three or four children-
maybe with two fathers. in many instances thel
fathers not supporting them-and in many instances
mother has to go out to work and leave a child of
seven or eight attending to the smaller children, and
in this instance you will find this is principally due
economic reasons. No one is merely thinking of tne
child who goes in the playing field or assaults the
other child. What worries me is if a child of eight or
aine is assaulted by a child of twelve or fourteen:
if that happens, you would not go to the school for
that child. I would tell the child to try and get it
back on him somehow some day. If one of my child-
ren were beaten by another boy at school, I would
ask him how old the boy is: and if he says he is
twelve years I would ask him "how old are you are"
and instruct him to get it back out of him and not
to come to me with that nonsense. That is not
worrying anybody at all, because that is not the
fence that comes before the Court. The usual of-
fence is that of a boy of seven, eight or nine who has
left home by his mother and goes down the
road and hops a bus and who was held and brought
beforee the Court; in former days they did not have
buses, they hopped anything. You get the case of
children who because of their economic position
went into somebody's garden and carried away
unavas, mangoes or apples and have never seen one
Magistrate in this country except Magistrate Ban-


YuBRUARY 11, 195'7.


OFFICIAL GAZETTRi








EBA 11, 17 OFFICIALS GAETTE


croft who had the guts to say when a child was
brought before the Court for stealing mangoes or
guavas; "you ought to be ashamed of yourself for
bringing a child before the Court for stealing guavas,"
and would ask how much they want for them.
There was not one man in this country who breathed
discontent because that Magistrate sent the person
off for bringing a child before the Court for the first
offence, whether it be stealing fruit or throwing
stones across the road. I am not against corporal
punishment myself, and I know it only too well be-
cause I see it around me every day. You have child
ren who must have corporal punishment in order
to make them understand they can do better. I
believe the Hon. Minister of Health would know
something about this. I know a little boy about
eight or nine whose mother had about seven child
ren; and he would get away and go to the sea and
do all sorts of things; but he was a bright boy, and
since there is no compulsory education, and there was
no means whereby he could get any meals in school,
be never went to school.
About four weeks ago a man came to me with this
boy and this is the most pathetic tale I have heard.
He told me he had a letter from the schoolmaster
asking him to help the child, and in the letter the
master said he had just had to punish him and ae
threatened not to come back to school. What actually
happened is the boy had gone to school and stolen
another boy's lunch. Why did he steal the lunch?
Because he was hungry. And the father looked at mv
and said "when he told me that, I did not have the
heart to flog him." Why do you think a boy of
eight or nine would steal another boy's lunch? I
saw the schoolmaster a few days ago and remon-
strated. I could not flog a boy for stealing another
boy's lunch. [A VOICE: And the boy whose lunch
was stolen went without lunch;] Yes. If' a boy
stole my boy's lunch or your boy's lunch he could
go without. The father of this boy, Mr. Chairman,
did not have the courage to flog him because he said
he sent him to school without anything to eat that
morning, and he had had no dinner the night before
I have seen it several times. My boy could go with-
out lunch that day because the boy who carries lunch
to school possibly has money in his pockets.
8.25 p.m.
I do not disagree with the Section which say
that a Registered Medical Practitioner should
be there; but the suggestion which the hon. senior
member for St. Lucy made about the Probation
Officer, should be incorporated into this Section
Just as it is set out in the Schedule to this Bill
that you are amending certain Acts, here again
with serious thought this Section would not have
been put back in this Bill just as it is in the oldt
Act, merely stating that a Registered Medical Prac..
titioner should be present at the whipping of a child.
With the knowledge that you have a Probation
Officer now, and that you must actually acquaint the
Probation Officer before you bring a case before 8
Court, you should not have brought back this Section
as it is. The whole idea is to prevent a child from
being brought into contact with any Police Court at
all, but this proposal will bring the child into con..
tact with a Police Officer. I quite agree with
corporal punishment, but it is not the idea to bring
the child into the atmosphere of the Police Sergeant
and the Police Court.
You are fifty years behind hand in putting in
this Section; if you want to put a child in Court
ycu have to notify the Probation Officer: but here
the child is coming into Court, the Magistrate con-
viets him, and the Police Officer takes him in charge


and flogs him. I have often seen in my time, Schol-
arships being taken away from children; I will give
you one instance. I remember well a few years ago,
a report being placed before a Committee of which
I happened to be a member, which strongly recom-
mended the taking away of a Vestry Scholarship
from a child. It struck me that I should look back

at the old reports; I looked back and saw that the
boy had been doing well. I have never promised,
however bright a boy may be, that he should be
rude to a Master or anything like that; but what did
I discover? The Headmaster of the school recom-
mended that the Scholarship should be taken away,
and I urged the Comnittee to wait on the Director
of Education and they would not see with me. I
asked one thing; it was this: Would you have the
Probation Officer or some other responsible person
to see why this boy who had been doing well should
so suddenly change, so that you had to recommend
that the Scholarship be taken away from him?
Before the Officer could submit his report, the
report was made that it would not serve any useful
purpose in his going on. What happened was that
they were converted when the Advocate published
that the boy had nine subjects to his credit, and
there was a surprise. He was a boy in a family of
eight children; his father was in Hospital, and he
developed the manners he developed because he did
not have proper meals.
You could not take it that, on the face of it,
the child would change suddenly; that is the reason
w;hy you have a Probation Officer. You cannot make
fun when the hon. senior member for St. Lucy
refers to the Probation Officer; just as you could
srt out side by side in the Schedule to this Bill
the Acts which have been amended, if serious
thought had been given to this matter, you would
not be putting back this Section in this Bill at all.
The reason for having a Registered Medical Prac-
titioner is that the child might be ill, but I do
agree with the hon. senior member for St. Iucy
that this matter has a tremendous lot to do with
the Probation Officer. The Probation Officer has to
do with reporting the circumstances of the child,
what went wrong with him, the surroundings at his
home; and he should be the person to let the
Magistrate have the information before any convict
tion can go against the child at all.
I am at one with the Government in having
corporal punishment. The hon. junior member for
St. Lucy has been a Schoolmaster; he has been to
the modern schools, in England and he does not
believe in corporal punishment. I believe that if
you cannot get it in one way, you should drive it
ir somewhere else. I am suggesting to the Hon.
Premier that he should agree to the postponement
of this Section; I think that the idea of having the
Police Sergeant should be removed and have the
Probation Officer, because the idea is that you do
not try children at all; you go to the Probation
Officer in Roebuck Street.
This Section is obsolete; it was here before we
bad a Probation Officer. You do not send a Police
Officer to a child's parents and drive the fear of
God in them; you have the Probation Officer, and
he goes into the circlunstances so as to see what is
wrong. However, this Section says that the Police
Officer must have a tamarind rod, bamboo or cow's
skin or something like that and flog children. I
think that the hon. senior member for St. Lucy
should have moved that the whole idea of the
Police Sergeant being present be deleted and let
this Section be re-drafted. I do not support the idea
of having the presence of the Police Sergeant; I
suggest that the idea of having the Police Sergeant
should be cut out, and let the Probation Officer be


FEBRUARY 11, 1957.


OFFICIAL GAZETTE







FEBRUARY 11, 1957.


brought in. The hon. senior member for St. Lucy
might not win with his amendment, but he would
have discharged his duty.
Mr. TUDOR: Mr. Chairman, this matter is one
of those whose nature you just cannot prove. It is
like one of those questions where all the arguments
are on one side and fundamental human instincts
are on the other. It is like family planning; you
cannot prove it is a good thing; you either know it
is or you do not know. All of these things are big
theorems in geometry, and this is one of them. Either
you feel that somehow it is bad to flog children who
are not your own and that it is a kind of barbarity,
or you do not feel so: but you cannot prove it.
The more I go into the matter the more I see
what a hideous thing it is if a child of seven years
commits an offence and is sentenced by a Magistrate
to be punished, in addition to whatever that sen-
tence is, that the child can be flogged. But flogged by
whom? Here it says "privately whipped by a mem-
ber of the Police Force." Do you mean to tell me
that a young child should be p-unished by whipping
by a person with whom it has no emotional contact
and whose authority for that very reason it must
repudiate? Can you think, Mr. Chairman, of any-
thing more wicked and bloody than that? Even if
you were not a parent, you know that you never
flog a child in cold blood because of the element of
callousness involved; therefore, it would not
impress on the child that you know what you are
doing or better still, that he knows. You always
correct a child (if you believe in that sort of thing)
when you have a certain amount of allegiance
within you so that you can associate yourself with
the child in the child's mind.
But that is not what is contemplated here.
There is no warm and close association, emotionally
and otherwise, between the person inflicting the
whipping and the person upon whom it is inflicted.
It is a member of the Police F'orce to whom the child
owes no allegiance and with whom the child is not
emotionally connected. That is the person who has
to administer the flogging. If members of (this Com-
mittee cannot see there is something exceedingly
wrong with that, there is no argument you can
bring to bear. You either feel it or you do not.
There is something worse. We are here in this
Committee legislating not for our own children but.
for other people's children and there is no member
of this Committee who, if he searches his mind
thoroughly, would not see that what he is pressing
here for is for other people's children, and that the
Government in taking the attitude it has taken,
recognizes either indirectly or subconsciously (and
that is the whole argument behind my point of view)
that if you have to flog a child you must
have a medical practitioner and you still must have
the child's parent or guardian in attendance; that
the parent ought to be the person you should ask
to do the flogging, or that somehow you do not wish
the punishment to be administered in different
circumstances. You are conceiving that if the medical
practitioner and the parent were not present, it
would be the most brutal act you can imagine. Even
the Government is admitting that there is something
wrong with that.
To go even further, we are supposed to live in
an elightened age, and I am not arguing that there
must not be punishment; but I am arguing that se-
verity of the punishment has nothing to do with
the form. The children against whom this is being
done are for the most part children who have never
had a chance in life and are not likely to have a
chance. I know of a case which is personally known
to one or two members of this House-a case of a


little boy and girl both under the age of ten years
who had to stay on the front step of their mother's
on nights, perhaps until 11 o'clock or 12 o'clock
until their mother had finished entertaining such
guests as she has. That to my mind is a hideous
thing: but if you can multiply that kind of circum-
stances by one thousand, you will see that there will
be large numbers of children who are deprived not
only of night rest or part of it. but of the example
which parents should show.
8.45 p.m.
They would be forced to seek to express them-
selves, as an outlet for the frustration and the lack
of security which they feel, and for all the things
which have been denied them. Are you going to
tell me the way to deal with them if they should
erupt into juvenile delinquents is to prescribe this
sort of punishment for them as if this is the only
thing that could meet their case? And if you are
enlightened at all, [Mr. Chairman, you must cast
about for different ways of meeting this particular
trouble because they will be different children with
different temperaments and different aspects of de-
linquent behaviour. I am not afraid to say I am
opposed to corporal punishment to these children,
because I do not think it helps them to me better
and it cannot be proved so to do. I think that
the inclusion of this entire clause in this Bill where
it has no rght to be shows a lack of humanity
in the Ministers of this Government and all who
support them today. I am asking that a more
tender and humaner point of view be adopted
which does not necessarily make the punishment
less severe in content, but which at the same time
robs it of this most degrading aspect. That is
the stand I take and I think it is quite clear
I think it is cruelty we are upholding here and
cruelty against children who are not the children of
members of this House.
Mr. ALLDER: We are making a mountain out
of a mole hill. [A VOICE: Why don't you sit
down?] What we are saying now, Mr. Chairman, is
that what members are speaking against has been in
existence for generations. There has always been
a measure of chastisement for those who did some-
thing wrong whether in the family circle or against
the public; and the only difference in this Bill, Mr.
Chairman, is, instead of your father or mother or
your guardian flogging you the public authorities
will delegate a member of the constabulary to do it,
and if you do not run amuck of the law you would
not have been there. What makes it more a waste of
time on this issue is that if you looked up--I do not
know why the hon. senior member for the City....
Mr. CHAIRMAN: What are you to do with
the hon. senior member for the City?
Mr. ALLDER: I have something to do with him
if his asides annoy me. I am not asking the hon. mem-
ber when to speak and when not to speak; let him
sit there; let him listen or go outside if he does not
want to be present. What I am saying is this: it is
nothing new, and there must be some means whereby
you can deter persons-whetiher they are seven years
or seventy-from doing wrong, and what makes it
more a waste of time is because if you looked up the
records you would not find a seven year old child
so carried there. [VOICES: Shame!] It is not true,
and I cannot remember seeing or hearing a child of
so tender an age carried to the Courts and flogged;
but I do know that there are seven year olds who
make themselves very intolerable and very embar-
rassing not only in their homes but on the streets,
though I am not willing to say that the fault is ab-


_ I _I I~_


OFFICIAL GAZETTE


-= BRUA-Y 1 19








FERAY1,15. F'CA AET


solultely theirs. Sometimes, the parents carelessly dis-
regard their obligations to the children, but never-
theless I do not see anything wrong with the Bill
or in that particular Clause other than that you are
asking a Medical Practitioner to be there which I
feel is unnecessary and that is what is causing the
junior member for St. Lucy and the senior member
for the City to feel it is something like corporal pun-
ishment.
Air. E. D. MOTTLEY: On a point of order ....
Sit down, sit down. The hon. member said that be
cause and only because a Medical Practitioner has
to be there at the flogging it is causing me to feel it
is something like corporal punishment. I do not
know what he means because I have never said any
such thing. As a matter of fact, I think I have
made myself quite clear by saying I agree there is
nothing wrong in having a Medical Practitioner
there. I went further to say if anybody should go it
should be the Sergeant, and put in the Probation
Officer.
Mr. ALLDER: Today, Sir, trying the case of a
juvenile has so improved that a juvenile does not
reach the Police Magistrate, and a flogging would not
be recommended for him unless he was habitaial in
breaking the law and therefore it is not necessary to
argue over this. 1 will say this, too: that I do not
see any lot of wrong because a Police Sergeant is pre-
sent. Personally, if I were a Magistrate, I would tell
the parents or the Police to give the boy a couple of
lashes and let him go; but you make it look as though
you are carrying him to the gallows with a Police
sergeant, a eivedical Practitioner, and the like be-
ing present, and these things make it look as if it
is something wrong. It is not nig wrong at all.
Every hon. member nas got a flogging in ins youth,
and on many occasions when they were ill and very
little able to bear it, but he had to take it; he has
not died. Anyhow, VMr. Chairman, this is one occa-
sion upon which I hope, Government will not change ;
the only change I would recommend is that the doc-
tor be not present because it is not necessary; and
if you demand a doctor to be present when a boy is
given six lashes, you might deprive that doctor from
going to attend to somebody who might have a rup-
tured appendix and who might die before he got
back. Do you think that a doctor has nothing more
to do than to run up Coleridge Street to see a boy
washed? I am wondering how Government could on
the one hand, say the Hospital service is bad-they
cannot get Medical Practitioners and nurses and
so on-and still compel a Medical Practitioner to
leave his more serious duties to come and sit by and
see a boy gets six lashes for throwing a stone across
the road. To get out of it, I would abolish the whole
Section; I do not mean a boy should not be flogged
if he breaks the law, and I am going to say now to
the hon. junior member for St. Lucy, philosopher as
he is, that no man-made law could be as stringent as
natural law. Bout for hon. members to be saying you
should not have a Police in uniform to give a boy
six lashes, and you should not do this and that, they
know if the same boy runs across the street at an in-
opportune moment he would lose Ihis life, or if he
went on a roof he might fall down.
Here it is that with this Clause and I will say
that there is no law where, in its execution, a person
has never been given the opportunity to use his dis-
cretion. We are just wasting time.
p.55 p.m.
Mr. BRANCKER: I would just like my amend-
ment to be quite plain. It is that in line 10, the words
Probation Officer be used in lietu of the words
"Sergeant of Police."


The question that the words proposed to be de-
leted stand part of the Bill was put and resolved in
the affirmative, the Committee dividing as follows:
Ayes: Hon. G. H. ADAMS, Hon. Dr. H. G. H.
CUMMINS, Hon. M. E. Cox, Hon. C. E. TALMA, Messrs.
HOLDER and BRYAN-6.
Noes: Messrs. BRANCKER, TUDOR, ALLDER and
E. D. MOTTLEY-4.
The question that word "Seven" stand part
was put and resolved in the affirmative.
A division was taken as follows:-
Ayes: Hon. G. H. ADAMS, Hon. Dr. H. G. H.
CUMMINS, Hon. M. E. Cbx, Hon C. E. TALMA, Messrs
HOLDER and BRYAN-6.
Noes: Messrs. BRANCKER, TUDOR, ALLDEB and
E. D. MOTTLEY--4.
The question that Clause 62 stand part of the
Bill was put and resolved in the affirmative without
dwision.
Clause 63 to 65 inclusive were called and passed.
Clause 66 was passed.
Hon. G. H. ADAMS: I beg to move that Clause
66 stand part of the Bill.
Hon. Dr. II. G. H. CUMMINS: I beg to second
that.
Mr. BRANCKER: Mr. Chairman, this is a See-
tion which, I am sure, will be very dear to the hearts
of the members of the Other Chamber; it is just what
they would be enamoured with as regards people of
an unfortunate section of the Community. I would
would like to say that nothing constitutes in this Bill
a greater attempted infringement of the liberty of
of the subject than this section. This Section says that
a person will be taken into custody for an offence
without a warrant. In these days, when we do not
have a Mr. Archer or a Mr. Inniss, we have to be
satisfied with what we get. This Section goes on to
say this:
"A police officer not below the rank of sergeant,
cr the police officer in charge of the police station
to which the person is brought, may, and if it will
rot be practicable to bring him before a magistrate
within twenty-four hours after his being taken into
custody, shall enquire into the case and unless the
offence appears to the officer to be a serious one, re
lease him on his entering into recognizance, with or
without sureties, for a reasonable amount, condition-
ed for his appearance before a magistrate at the time
ard place named in the recognizance."
We are enacting a new Act which is intended
to be a better one to be put in place of the old Act,
and we are giving the Police Officer in charge of a
Station-a Corporal or he may be a Private-the
right to enquire into a case, and we say that he can
release the offender unless the offence appears to be
a serious one. I know a Police Officer below the
rank of Sergeant who regards anything as serious
if it appertains to a member of the Police Force. In
other words, if the slightest assault is made on a
member of the Police Force that particular Officer
holds it to be a very serious thing; "it is the one
thing," he says, "I will never agree to give bail for.''
This particular Officer whom I have in mind, is
otherwise a very genial man, but he will say "the
whole Force will see if I will grant bail for an assault
which is made on a member of the Force."
9.05 p.m.
As you will see, that officer who is so highly
placed in the Force will say as soon as he enquires
into the case and is told that the accused is charged
with assaulting a member of the Police Force that
that offence, so far as it appears to him, is a serious
one and immediately the liberty of the subject is
taken away and he remains in custody. It will not
be practicable. I can well understand it if the Court


FM~RUAPY 11, 19517.


OFY~ICIAL GAZETTB








OFiCA GAZTT FEIUY 97


is not sitting. That is a phrase which is very wide
and open to many constructions. A Policeman may
bay that it is not practicable to bring him before
a magistrate. "It is not practicable to, take him from
the Charge Room to the Court. We do not have a
man available to do that." That phrase is much too
wide.
It goes on to say (subsection 2 of Section 66).
"Where a person is taken into custody for a&
offence without a warrant and is retained into cus
tody, he shall be brought before a magistrate a&
soon as practicable."
That again is something which I dislike. That
L.ay be a very long time. We must limit this; we
must whittle it down. If you care, add to it, "ih
any event not later than forty eight hours after-
wards." To leave it as it is, particularly as this 1s
new legislation, it would provide a lop-hole through
which the subject will be seriously endangered. If ii
stands as it is, the subject may be kept in custody
for a considerable period of time, because you will
rot be putting any limit to the period of time to
which the Police may bring him up before the mag-
istrate, because they will be able to say that it is
not practicable to bring him before the magistrate
before the time they decided to do so.
Mr. Chairman, I do not know if you at this
Etage feel that further discussion might be deferred
on this matter until you have a certain amount of
r .cess and be revived. I will be disposed a this stage
to move the motion that you do now report progress
and ask for leave for the Committee to sit again.
One has to consider your tact and patience and one
must not try either one of those.
I therefore move that you do now report progress
and ask to sit again.
Hon. G. H. ADAMS: Mr. Chairman, I was sur.
testing that as we started this Section let us finish
it. One is accustomed to the hon. member's wander
wings. 1t one thing is clear, it is the meaning oE th"
word "'forthwith" and the pharse "as soon as prac-
ticable". There can be no dispute as to what they
mean in the eyes of the law; therefore the hon.
member needs not be in any way afraid to vote for
that. The hon. member talks of a bad draughts-
manship; I would like to know what bad draught-
manship this is? If a policeman takes a man into
a Police Station and all the man has is little bruises
on his face a magistrate though not sitting would]
say "I am going to give you bail". If on the other
hand the man has a cut, the Act gives the policeman
power to say that it is serious.
The other noint which the hon. member made
is an administrative one. I myself have drawn to
the Police the stupidity of thinking that every as-
sault means that you cannot get bail. Take the case
of somebody arrested at midnight for a little drunk-
enness. Of course, you give the policeman the right
to bail him out. The fact that every policeman thinks
seriously of a case of assault on a policeman is no
reason why that should be looked upon differently
That is a matter for the Head of the Administration.
You cannot use that as an argument for not having
this Section. This Section is put in so that in case
a Monday is a Bank-holiday and the Tuesday is a
Bank-holiday, or one day is Christmas Day and the
day after is a Bank-holiday, you must give the sub
jeet a chance to get bail. I repeat there is no difti
culty in this. Cases after cases have established what
"a' soon as practicable" means. These cases have
been proved in the Courts of this Tsland by the late
Sir Herbert Greaves. Of course, that is an old one.
The words "as soon as practicable" have been com-


pletely threshed out as to their meaning in Courts
ot this Island.
Mr. BRANCKER: Mr. Chairman, I can only
conclude that the Hon. Premier who has just spoken
has completely failed to understand what I have said.
In line 9 of Section 66 (1) it says "unless the offence
appears to the officer to be a serious one." That can
only mean to him and to him alone. If it appear
to him a serious one, it becomes a serious one and
the person is not entitled to bail. Surely the Hon.
Premier can see that. I do not want to call names
but there is a well known Barbadian officer (who. is a
great credit to the Police Force and a worthy mem-
ber) who up to this year took a serious view of a
case of slight assault on a policeman. It was ani as-
sault which left no mark whatsoever on the police.
man. In his opinion, according to line 9 of Section
66 (1) he would say that the offence appeared to him
a serious one and perhaps to him alone it would be
a serious one. That is no question of the adminis-
trative side at all, because, as soon as you touch a
policeman, the offence appears to him a serious one.
9.15 p.m.
And then Sir, with regard to Section 2, "wher
a person is taken into custody for an offence with-
out a warning and is retained in custody, he shall
be brought before a Magistrate as soon as praclic
able, and I am moving the addition at the end of
the words "and in any event not later than 48
hours'.
Hon. G. H. ADAMS: Then the Magistrate
would have to come out and try on Sundays?
Mr. BRANCKER: I did not have a scholarship
in mathematics, but surely if a man is arrested on
on Saturday, a Magistrate would not have to come
out on Sunday if the time limit is 48 hours.
I beg to move that the addition of the word
"and in any event not later than 48 hours," be in-
serted immediately after the words "as soon as prac-
ticable" in sub-section 2 of Clause 66.
Mr. TUDOR: I beg to second that.
Hon. G. II. ADAMS: I would like to point oat
that following the English Act an Officer not below
the rank of Sergeant or the Police Officer in charge
of the Station if you arrest a man at 3 o'clock in the
morning, who else but the Officer in charge of the
Station can possibly say whether it is a serious of
fence? What are you going to do, wake up the
Police Magistrate at three in the morning and say
"I have a person here who has committed an offence
and I want you to come and tell me whether it is a
serious one?"
The Section reads, "A Police Officer not below
the rank of Sergeant, or the police officer in charge
of the police station to which the person is brought
may, and if it will not be practicable to bring him
before a magistrate within twenty-four hours" so
that is covered anyhow-"after his being taken in
to custody, shall enquire into the case and unless the
offence appears to the officer to be a serious one..'
Well you may have somebody above the rank of ser-
geant who happens to be present, and being a
superior officer might say: "This is a serious matter
and you cannot give him bail;" or the officer in
charge of the station who might be the only man
there when the person is carried in might say: "It
is a serious matter and I cannot give him bail.'
What other person could be a better judge than the
superior officer or the officer in charge of the station
Who else is there to judge?
Mr. E. D. MOTTLEY: What I think the
senior member for St. Lucy is saving is, if you are
now amending the Act and you found that certain


OFiFICIAL GAZETTE


FEBAU"Y~ 11, 1957.







OFFICIAL GAZETTE 313
--=__fr==


hardships were worked as a result of this--le is a
legal practitioner and so was the Premier -- it is
possible for the officer in charge to be unfair in the
case, because it reads: "unless the ofitcne appears
to the officer to be a, serious one". I go further and
say: I have been called out very often to give a per-
son bail, and if it is an offence against the Police 1
refuse to bail the person because you have to keep
on terms with the Police, whether the person as-
saulted a police officer or police sergeant, because it
goes from top to bottom. If you assaulted a police
man, I say you should have no bail. If somebody
committed an offence on a Saturday night and the
police arrested that fellow and he assaulted the
police, then I consider it is a serious offence, and
he should not get bail whether it be for assaulting
a Sergeant, corporal or police officer or resisting or
ohbtructing him on his duty.
Hon. G. II. ADAMS: Perharps the hon. mem
her would give way. If I told him what has been
my experience. I have lost my temper with a mag-
istrate for refusing to grant bail to people who ap
plied; that is why I said it can be arranged through
the head of the administration.
Mr. E. D. MOTTLEY: The lion. Premier i.
saying he can arrange it through the Head of tae
Administration. He has also said it is his experi-
ence now since he has stopped practising within
recent years that it is harder to get bail. You
know what is the position today. Since you have
di': charged Mr. McLeod, if a person assaults a police
officer on duty or resists, you cannot get bail for t.ie
person because of the difficulty since Mr. McLeod
lost his job, because the young barrister is afraid of
the Police or the Colonial Secretary. Suppose youi
son comes out now (and you are dead), and tbo senior
member for St. George is Premier-because thai
could happen-what would happen is that the ma,
istrate would fear giving young Adams this bail,
and the magistrate is not moving from that stand
and you get this type of thing: "If The Police De
apartments says not to give a man bail and you give
him bail they are going "to try and get you fired."
I am not saying that you shoulR put in what the
senior member for St. Lucy asked you to put in.
what is worrying me is that after his being taken in
c'l.odv there should be somebody there; either a
Police officer or a police sergeant should be available
for twenty-four hours of the day; just as a doctor
is on duty at hospital for so many hours and should
be available, so a magistrate should be. I am ask
ing the Premier to see about this. In the case uo
assaulting the police, it might only he a matter of
nastying his tunic: and with your experience of the
difficulty to get a magistrate, and in recent year:
':nce the dismissal of Mr. McLeod magistrates are
afraid to rrant bdil when the -polieo sanv "no". Ts
that right or wrong? they are afraid to give bail il
the Police Officer says "No" It might be a trivial of
fnce but do not let ns think of ourselves, let us thin]
of the people who might be offguard. A man may b(.
having a couple of drinks and he does not think.
What is bad langda,-e in Broad: street at 11 o'clock
would not be had language in Bulls Alley at 9 o
clock in the morning. [A VOTCE: Is it good lan-
rui.ageJ Of course it is rood lanmriae, and you can
can ask the Premier what else it could be.
9.25 nm. ,
Tt is not good enough to say that you are bring-
inq forward a Bill. This Section, says: "Unless the
offence appears to the Officer to be a serious one.
release him on his entering into recognizance.....
I should like to know if there is no possibility of


inserting in this Section that where the Police Officer
lails to release a person, application could be made
to a Police Magistrate. You can make such appli-
cation to a Police Magistrate now, but the Magistrate
is not bound to release a person on bail. As the
position is now, since Mr. McLeod has been dismissed,
the Police Magistrates are afraid to grant bail if
the Police say that bail cannot be granted, especially
ii a young Barrister is appearing in the case. A man
may be off-guard, and he may assault a Policeman
by resisting him, and somebody says that this mam
should not be granted bail. Well, I do not agree
with that; but I have no hesitation in saying that
having regard to what has happened in this House
'of Assembly, when I saw that a Police Magistrate
had convicted and sentenced a man for attempting to
draw a knife when an attempt was made to arrest
him, and then the Court of Appeal fined him 20/-,
1 say, that that is just encouraging lawlessness
The Magistrate sent that man to jail, and the
Assistant Court of Appeal imposed a fine of 20/-
on him! I would have sent that man to jail.
I am appealing to the Hon. Premier, if he sees
what is happening, to insert in this Section, that a
person can appeal to a Magistrate on this question
of being released on bail. You can telephone the
Magistrate, and the VMagistrate asks: "Do you con-
sider the offence a serious one?" The Police Officer
says that it is an assault, and the Magistrate says
that in his opinion, it is not a serious offence; I am
wondering if the Police Magistrate has that authority
under this Bill. A man who is in the cell is not
before the Police Magistrate; the Magistrate may
say: "Yes, grant him bail," but when the Police
Officer says that the offence is a serious one, bail is
not granted. I would suggest that the Magistrate
he brought out, and then the man would be before
him.
I should like to ask this: is the man before the
Magistrate when the Police Officer telephones him?
When the Magistrate telephones and says to grant the
man bail, he is just doing you a favour. If the
Magistrate really wants to help you, he should go
to the spot and grant bail; he cannot just telephone
from Bush Hall or anywhere else, and say to grant
bail, because the man is not really before him then.
The Police will be sympathetic towards their organi-
sation, and it is well that that is so; but we cannot
make legislation merely for one section of the Com-
munity, we must consider that any man may break
the law. It is not every Magistrate who will want to
come on a Saturday night, and therefore I would
like to see the Hon. Premier giving the right of
appeal as to granting bail to the Magistrate.
Mr. BRANCKER: Mr. Chairman, it occurred
to me half an homr ago that further consideration
of this matter be postponed so that we would have
a 45-minute break; others thought differently, and
that is why you are being subjected to the ordeal
which you are now undergoing. but there was no
lack of sympathy on my part.
I thought that the point was very plain; it
should not be left to the unfettered discretion of any
Policeman to say that the offence appears- to him to
he a. serious one. Tn actual practice, in so far as
certain Police Officers are concerned, the slightest
thing always appears to them to be serious. simply
because the person involved is a member of the same
police Force. If vmn leave it to the unfettered dis-
cretion of any Policeman, there is no bail; surely
that is plain, and there should be something to re-
strict the powers of the Police. There is a certain
Officer who says: "I look at anything committed
against any Policeman as serious." That Officer
said this to me when I telephoned in connection with


FEB~RUARY 11, 193-4-.








OFFICIAL GAZETTE


bail for somebody: "Your client has been charged
with assaulting a Policeman; that appears to be very
serious, and there is no bail to be granted."
9. 35 p.m.
The honourable and learned Premier speaks of
saying you might telephone a magistrate. That might
be two o'clock in the morning. It is not merely tele-
phoning a magistrate; it is getting him to come down.
Since Mr. Mc.Leod has been dismissed, magistrates
do not do that any more, although Mr. Hanschell
has done it and Mr. Erskine Ward and Mr. Bancroft.
They gave bail after finding out from the Seargeant-
in-charge of the Station what was the actual con-
dition of the person and who is alleged to have been
assaulted, if the case was nothing serious, if the
person had not gone to hospital or if it did not
merit the person going to a doctor. But magis
trates do not take that risk now because ol what
happened to Mr. McLeod. The hon. Premier said
that it is a matter which could be arranged with
the administration, and therefore it rests with the
head of the Department. I am sorry to let the hon.
and learned member know that the Commissioner
of Police does not take him seriously.
Hon. G. IH. ADAMS: I never said that; I said
the Governor.
Mr. BRANCKER: I would not ask the Official
Reporter to say what was actually taken down. I
would recall when we were discussing the question
of passports, and the refusal of the Police Depart-
ment to issue application forms to people unless
those people produced a receipt from the shipping
firm stating that they had purchased a ticket, that
the Hon. Premier said on that occasion he was sur-
prised to hear of it, and would take the matter up
right away; but despite the fact that he took the
matter up, the Police Department is still giving that
trouble and refusing to give passports unless you
produce that receipt.
Hon. G. H. ADAMS: It is really difficult when
you get unadulterated nonsense to make a reply. He
said it is difficult with a Police Magistrate. No
Police Magistrate has any real right to come out
What does the hon. member suggest as a, remedy?
I would sit down and listen to any amendment
which is workable. All the objections he has is that
if you hit a policeman, no bail is granted. Tell me
how you can get around that in an Act Suggest
two words that I can accept. The only way to get
around that is to see that the Head of the Adminis-
tration gives instructions. What Police Magistrate
you can tell to come out and give bail? You must
give a man on the spot the right to give bail. That
is nothing new; that is what happens now. It is the
only way you can do it. This is put in the language
of the most recent English Act. This is Section 8
of the English Act of 1952, except in that Act it is
"inspector" but we say "Sergeant". We say no-
body below the rank of Police Sergeant. How els-
can you work it ? If you take in a man at 3 o'clock in
the morning, who else is to bail him but the sergeant
or corporal T Who else can bail him? If the hon.
member after his denunciation can possibly draw
up something that is workable, 1 will accept it.
Mr. E. D. MOTTLEY: The Hon. Premier says
that I suggested something which is nonsense. I am
still at a loss to understand what he says. I think
youi will agree that there is a difficulty. I agree that
the Police Magistrate has no authority there. I have
seen a ease in Bridgetown in which the then Solicitor
General was appearing for a man who had taken a
lot of things off a man-of-war. It was during t1l


time that Colonel Dickens was Commissioner of
Police. The Sergeant refused to grant bail as well
as Colonel Dickens and the only thing counsel had
to do was to get the magistrate to come down.
Counsel told magistrate this was within his jurisdic-
tion and the magistrate then said that the case was
not before him. It is true tv say that the magistrate
has no real right in it. It is only if he cares that he
can ask.
The Hon. Premier will agree that certain
difficulties do arise from time to time. Does the Hon.
Premier accept as a fact that you have certain
difficulties with young practitioners of the law and
that young magistrates are fearful since what hap
opened to iMr. McLeod, to do anything? If in the
opinion of the Police Officer, bail should not be
granted, is it not possible that the Hon.. Premier car.
add some proviso like this? "Provided always if
bail is refused that the person so charged may be
able to appeal to the Police Magistrate under whose
jurisdiction he is arrested."
9.45 p.m.
Now I say it is alright if you bail a man or if
you do not grant him bail, but this is provided the
matter is a serious offence and you do not grant him
bail. If the man is arrested the Thursday before
Good Friday or Christmas night, sometimes you get
magistrates sitting on Saturdays; and then it is
Sunday, Monday and Tuesday before he is tried,
and the magistrate according to this is in authority
to grant bail, but if the policeman should say this
is a serious matter, he is not granted the bail. What
I am asking the Premier to say is whether it would
not be scientific to put in "provided always thet
bail is granted............ "
What has happened, Sir is this. [Asides] I have
the time and the energy to talk; I have been elected
here and I feel it is my duty to talk; If I am a fool
I will talk my talk as long as I am in here, and I dc
not see anybody in this whole Chamber who could stop
me from talking, not one of the twenty-three mem
bers. I am asking the Premier whether it would not
be scientific to put in provided always that if bail is
not granted especially with regard to the difficulty
of a person to get bail from the magistrate in which
jurisdiction the person is so charged. [A VOICE:
Made when, at night?] The policeman can do it. Just
as it is your duty to protect them, it is equally your
duty not to bring a hardship to one section of the
people and not all. This is an old Section and it
creates a hardship.
On nmoton of Hon. Dr. 11. G. CUMMINS see.
ended by Hon. M. E. COX, Mr. CHAIRMAN re-
ported progress and asked for leave to sit again and
Mr. SPEAKER resumed the Chair and reported
accordingly.
9.50 p.m.

ADJOURNMENT
On the motion of Hon. Dr. H. G. H. CUMMIN8
seconded by Mr. L. E. SMITH, Mr. SPEAKER
adjourned the House for three-quarters of an howr.

NO QUORUM-ADJOURNMENT

On re-assembling, Mr. SPEAKER: It now being
after 10.30 p.m. of the clock, the time for resump-
tion after the adjournment, and there being less
than nine honourable members present, this House
now stands adjourned until this day week at 3.00
o'clock p.m. in accordance with the Rules.


s


FEBRUARY 11, 1957.




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