• TABLE OF CONTENTS
HIDE
 Front Cover
 Part II: Subsidiary legislation...
 Part III: Regulations and rules...
 Part IV: Subsidiary legislation...
 Appendix: Imperial legislation...
 Index
 Index to appendix














Group Title: Revised laws of Antigua
Title: The revised laws of Antigua
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076977/00008
 Material Information
Title: The revised laws of Antigua Prepared under the authority of the Revised edition of the laws ordinance, 1959
Physical Description: 9 v. : ; 25 cm.
Language: English
Creator: Antigua
Lewis, P. Cecil, 1912-
Publisher: Printed by Waterlow; obtainable through the Administrator, Antigua, West Indies,
Printed by Waterlow obtainable through the Administrator, Antigua, West Indies
Place of Publication: London
Publication Date: 1965
Copyright Date: 1965
 Subjects
Genre: non-fiction   ( marcgt )
Spatial Coverage: Antigua and Barbuda -- Antigua
 Notes
Statement of Responsibility: by P. Cecil Lewis.
General Note: On spine: Laws of Antigua. Revised edition, 1962.
 Record Information
Bibliographic ID: UF00076977
Volume ID: VID00008
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - ADY9851
oclc - 04611308
alephbibnum - 000795620
lccn - 67004219

Table of Contents
    Front Cover
        Page i
        Page ii
    Part II: Subsidiary legislation of the colony made under the authority of imperial acts, imperial orders in council and royal warrants
        Page iii
        Page iv
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    Part III: Regulations and rules made in the exercise of the royal perogative
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    Part IV: Subsidiary legislation made under enactments repealed by the public health ordinance, (Chapter 236) but kept in force by section 188 of the said ordinance
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    Appendix: Imperial legislation affecting the colony
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Full Text













THE REVISED LAWS

OF


ANTIGUA



PREPARED UNDER THE AUTHORITY
OF THE
REVISED EDITION OF THE LAWS ORDINANCE, 1959
BY
P. CECIL LEWIS

One of Her Majesty's Judges
of the Supreme Court of the
Windward Islands and Leeward Islands

The Commissioner appointed
under the said Ordinance.


VOL. VIII.


Subsidiary Legislation Parts II, III, IV and Appendix.

Price: $150 per set.
Obtainable through:
The Administrator, Antigua, The West Indies.

Printed by
Waterlow & Sons Limited, Worship Street, London, E.C.2.
[Appointed by the Government of Antigua, the Government Printers for the purposes of this
edition of Laws within the meaning of the Evidence (Colonial Statutes) Act 1907.]
1965

















































kt Oft
Z8p *d



























PART H.

SUBSIDIARY LEGISLATION OF THE COLONY MADE UNDER THE
AUTHORITY OF IMPERIAL ACTS, IMPERIAL ORDERS IN
COUNCIL AND ROYAL WARRANTS.






















RULES AND ORDERS MADE UNDER THE LEEWARD ISLANDS AND
WINDWARD ISLANDS (COURTS) ORDER IN COUNCIL 1939 (S.I.
1939, No. 1898) (IMPERIAL).


Commissioners of the Supreme Court (Decisions Review) Rules.
Leeward Islands and Windward Islands (Courts) Order.
Leeward Islands and Windward Islands (Courts) (Circuits and Sittings) Rules.
Supreme Court (Jurisdiction) Order.
Supreme Court (Witnesses' Allowances) Rules.
Windward Islands and Leeward Islands Court of Appeal Rules.






Commissioners of the Supreme Court (Decisions Review). 1627






S.R.O. (L.I.) 28/1948.

COMMISSIONERS OF THE SUPREME COURT (DECISIONS REVIEW)
RULES, MADE NOVEMBER 6,1948, UNDER THE AUTHORITY OF
SECTION 16 OF THE LEEWARD ISLANDS AND WINDWARD
ISLANDS (COURTS) ORDER IN COUNCIL, 1939 (IMPERIAL).




1. SHORT TITLE. These Rules may be cited as the Commissioners of the
Supreme Court (Decisions Review) Rules.

2. MODE OF APPEAL. (1) Any party desiring to appeal to a Judge against
any act done or order made by a Commissioner appointed under the authority of
section 4 of the Supreme Court Act shall give notice in writing of his intention
so to do.
(2) Such notice shall be served on the Registrar and on the opposite party
within three days of the doing of the act or making of the order.

3. HEARING OF APPEAL. The Judge shall appoint a day for the hearing
of the appeal and shall hear such appeal on the day so appointed or to which
the hearing may be adjourned without the filing of any further documents by
either party to the proceedings.

4. STAY OF PROCEEDINGS. An appeal to a Judge from the decision of a
Commissioner shall not operate as a stay of proceedings unless so ordered by the
Judge or the Commissioner.

5. RIGHT OF APPEAL TO COURT OF APPEAL NOT PREJUDICED. Nothing in
these Rules contained shall prejudice the right of any person, affected by any act
done or order made by a Commissioner or a Judge, to appeal to the Court of
Appeal.






Leeward Islands and Windward Islands (Courts).


S.R.O. 41/1958.

THE LEEWARD ISLANDS AND WINDWARD ISLANDS COURTS
ORDER 1958, MADE SEPTEMBER 13, 1958, BY THE GOVERNOR
OF THE WINDWARD ISLANDS AND THE GOVERNOR OF THE
LEEWARD ISLANDS UNDER THE AUTHORITY OF SECTION 14
(2) OF THE LEEWARD ISLANDS AND WINDWARD ISLANDS
(COURTS) ORDER IN COUNCIL, 1939 (IMPERIAL), AND AP-
PROVED BY RESOLUTION OF THE RESPECTIVE LEGISLA-
TURES OF THE COLONIES OF THE WINDWARD ISLANDS AND
LEEWARD ISLANDS.


1. SHORT TITLE. This Order may be cited as the Leeward Islands and
Windward Islands (Courts) Order.

2. ADDITIONAL JURISDICTION. The Court of Appeal shall, in addition to
the jurisdiction conferred by subsection (1) of section 14 of the Leeward Islands
and Windward Islands (Courts) Order in Council, 1939 (Imperial), have juris-
diction and power to hear and determine appeals from the decisions of any
Court, tribunal, body or person within the meaning of sub-paragraph (f) of
paragraph (2) of regulation 15 of the Federal Supreme Court Regulations, 1958.

3. LIMITATION OF TIME. An appeal under this Order may be entered
within 28 days after the date when the decision shall have been filed in the
Supreme Court or after the date of the publication of this Order in the Gazette,
whichever is the later, and the Court may give such directions as it may think
fit with regard to any proceedings which may have been filed before the coming
into force of this Order:
Provided that no appeal may be so entered if the time for lodging notice
of appeal before the West Indian Court of Appeal had expired before the 17th
day of February, 1958, the date on which the Federal Supreme Court Regula-
tions, 1958, came into force.

4. APPLICATION OF APPEAL RULES. The provisions of the Windward
Islands and Leeward Islands Court of Appeal Rules, 1940, shall, subject to the
provisions of paragraph (2) of this Order, otherwise apply to an appeal brought
under this Order as they apply to appeals brought under subsection (1) of section
14 of the Leeward Islands and Windward Islands (Courts) Order in Council,
1939 (Imperial).


1,628






Leeward Islands and Windward Islands (Courts) 1629
(Circuits and Sittings).




S.R.O. (L.I.) 15/1941.
S.R.O. (L.I.) 22/1946.
S.R.O. 15/1957.

THE LEEWARD ISLANDS AND WINDWARD ISLANDS (COURTS)
(CIRCUITS AND SITTINGS) RULES MADE SEPTEMBER 24, 1941,
BY THE CHIEF JUSTICE UNDER SECTION 16 OF THE LEEWARD
ISLANDS AND WINDWARD ISLANDS (COURTS) ORDER IN
COUNCIL, 1939.




1. SHORT TrrLE. These Rules may be cited as the Leeward Islands and
Windward Islands (Courts) (Circuits and Sittings) Rules.

2. CIRcurrs. For the purpose of distributing the business of the Supreme
Court of the Windward Islands and Leeward Islands (hereinafter called "the
Court") the Colonies of Grenada, St. Vincent, St. Lucia and Dominica com-
prising the Windward Islands and the Colonies of Montserrat, Antigua, St.
Christopher Nevis and Anguilla, and the Virgin Islands comprising the Leeward
Islands shall be divided into the following Circuits namely-
(a) The Grenada Circuit which shall comprise the Colony of Grenada.
(b) The Saint Vincent Circuit which shall comprise the Colony of
St. Vincent.
(c) The Saint Lucia Circuit which shall comprise the Colony of St.
Lucia.
(d) The Dominica Circuit which shall comprise the Colony of Dom-
inica.
(e) The Montserrat Circuit which shall comprise the Colony of
Montserrat.
() The Antigua Circuit which shall comprise the Colony of Antigua.
(g) The Saint Christopher Circuit which shall comprise the Island of
St. Christopher and the Islands and rocks adjacent thereto (except the
Island of Nevis).
(h) The Nevis Circuit which shall comprise the Island of Nevis.
(i) The Anguilla Circuit which shall comprise the Island of Anguilla
and the Islands and rocks adjacent thereto.
() The Virgin Islands Circuit which shall comprise the Colony of the
Virgin Islands.







1630 Leeward Islands and Windward Islands (Courts)
(Circuits and Sittings).

3. COURT TO BE OPEN THROUGHOUT YEAR. The Court shall be open
throughout the year in every Circuit for the transaction in Court, or in Cham-
bers of the general legal business thereof, other than trials with juries; and save as
to issues of fact triable by a jury, the Court may, at any time, hear and determine
any proceedings upon such notice to the parties as shall seem just and reason-
able.


4. TIMES AND PLACES FOR STTINGS. In each of the said Circuits an
ordinary sitting of the Court presided over by a single Judge, for the trial of civil,
criminal and other proceedings and for the disposal of such other business as
may then be legally disposed of by him shall be held at the following times and
places-
(a) In the Grenada Circuit-
(i) In every month except August and September for the trial of civil
causes in the summary and higher jurisdiction of the Court.
(ii) In the months of February, June and October for the trial of
criminal causes.
(b) In the Saint Vincent Circuit-
(i) In every month except August and September for the trial of civil
causes in the summary and higher jurisdiction of the Court.
(ii) In the months of February, June and October for the trial of
criminal causes.
(c) In the Saint Lucia Circuit-
(i) In every month except August and September for the trial of civil
causes.
(ii) In the months of February, June and October for the trial of
criminal causes.
(d) In the Dominica Circuit in the months of January, April, July
and November for the trial of civil causes in the summary and higher
jurisdiction of the Court, and the trial of criminal causes.
(e) In the Montserrat Circuit in the months of March and November
for the trial of criminal and civil causes in the summary and higher juris-
diction of the Court.
() In the Antigua Circuit-
(i) In every month except August and September for the trial of
civil causes in the summary and higher jurisdiction of the Court.
(ii) In the months of January, May and October for the trial of
criminal causes.






Leeward Islands and Windward Islands (Courts) 1631
(Circuits and Sittings).

(g) In the Saint Christopher Circuit-
(i) In every month except August and September for the trial of
civil causes in the summary and higher jurisdiction of the Court.
(ii) In the months of January, July and October for the trial of
criminal causes.
(h) In the Nevis Circuit in the months of April and November for the
trial of criminal and civil causes in the summary and higher jurisdiction
of the Court.
(t) In the Anguilla Circuit in the months of February and June for
the trial of criminal and civil causes in the summary and higher jurisdiction
of the Court.
() In the Virgin Islands Circuit in the month of April for the trial of
criminal and civil causes in the summary and higher jurisdiction of the
Court.

5. NOTICE OF ORDINARY SITrrNG. The Circuit Judge shall appoint the
day of the month on which any ordinary sitting of the Court is to be held and
shall cause a notice specifying such day to be published in the Government
Gazette and where practicable in the local newspapers of the Colony in which
such sitting is to be held.

6. ABSENCE OF JUDGE. If on the appointed day for the sitting of the
Court in any Circuit no Judge is present to hold the Court, then if there shall
be no business pending for disposal threat, the sitting shall be deemed to have
lapsed; but if there is business pending for disposal threat the Court shall stand
adjourned from day to day until a Judge attends or until the sitting of the
Court is closed by an order in writing under the hand of a Judge ; and the
Registrar shall record every such adjournment in his Minute Book.

7. ASSIGNMENT OF JUDGES TO CIRCUITS. The following are the selections
of the Circuit Judges for the said sittings-
(a) For the sittings of the Grenada Circuit-
The Chief Justice or the Puisne Judge resident in St. Lucia.
(b) For the sittings of the Saint Vincent and Dominica Circuits-
The Puisne Judge resident in St. Vincent and Dominica.
(c) For the sittings of the Saint Lucia Circuit-
The Puisne Judge resident in St. Lucia.
(d) For the sittings of the Antigua, Montserrat and Virgin Islands
Circuits-
The Puisne Judge resident in Antigua.







1632 Leeward Islands and Windward Islands (Courts)
(Circuits and Sittings).

(e) For the sittings of the Saint Christopher Nevis and Anguilla
Circuits-
The Puisne Judge resident in St. Christopher:
Provided that the Chief Justice may from time to time alter or vary the selections
of Judges for sittings of the Court.

8. COURT VACATION. There shall be in every year the following vacations
of the Court-
The months of August and September and the period from the 23rd day
of December to the 6th day of January next following:
Provided that nothing in this Rule shall be construed as affecting the
hearing of criminal causes during vacations.

9. DELIVERY OF PLEADINGS IN VACATION. (1) During the vacations no
proceedings shall be commenced and no pleadings delivered, filed or amended
unless by leave of a Judge.
(2) A Judge or in his absence a Commissioner of the Supreme Court may
dispose in Chambers of any applications, which in his opinion, requires prompt
attention.

10. EFFECT OF NON-PUBLICATION OF NOTICES IN GAZETTE. Notwith-
standing the provisions of these Rules relating to the publication of notices in the
Government Gazette, no sitting of the Court shall be invalidated by reason only
of the fact that any such notice has not been published in accordance with these
Rules, provided that in any such case the Registrar of the Court in which the
cause or matter is to be heard shall have given at least twenty-four hours notice
in writing of such sitting of the Court to all the parties to any such cause or
matter.

11. VENUE. The following provisions in this Rule shall apply as to the
Circuits in the Colony in which any cause of action arising in the Colony shall
be sued on, namely-
(a) Every action relating to land, or to any mortgage or charge
thereon, or any other interest therein, or for any injuries thereto, shall be
commenced in the Circuit in which the land is situate.
(b) Every action for the recovery of a penalty or forfeiture, and also
every action against a public officer in respect of anything done or not
done by him as a public officer, shall be commenced in the Circuit in which
the cause of action arose.
(c) Every other action shall be commenced, either in the Circuit in
which the cause of action arose, or in the Circuit in which the defendant






Leeward Islands and Windward Islands (Courts) 1633
(Circuits and Sittings).

resides, or if there is more than one defendant, the Circuit, if any, in which
all the defendants reside.
(d) In case any action shall be commenced in the wrong Circuit, it
may, notwithstanding, be proceeded with, and tried in, the same Circuit,
unless the defendant, or, if there is more than one defendant, either or
any of the defendants, shall object at or before the expiration of the time
prescribed for entering an appearance to such action.

12. CHANGE OF VENUE. Any Judge may order any civil or criminal
proceeding to be transferred for trial from one Circuit to another, whenever it
shall be made to appear by affidavit or otherwise-
(a) that there is reason to believe that a fair and impartial trial can-
not be had in the Circuit in which the proceeding was commenced; or
(b) that the convenience of witnesses or the ends of justice would be
promoted by such transfer.
In every such case, the order for such transfer, and all documents filed in
such proceeding, shall be transmitted to the Registrar for the Circuit to which
the proceeding is transferred, and such proceeding shall be heard and determined
by the Court in such Circuit and the law of the Circuit from which any civil or
criminal proceeding has been transferred shall apply at the trial of such
proceeding.







Supreme Court (Jurisdiction).


S.R.O. (L.I.) 1/1940.

THE SUPREME COURT (JURISDICTION) ORDER 1940, MADE
UNDER THE WINDWARD ISLANDS AND LEEWARD ISLANDS
(COURTS) ORDER IN COUNCIL, 1939. (IMPERIAL).

[1st January, 1940.]




1. SHORT TITLE. This Order may be cited as the Supreme Court
(Jurisdiction) Order.

2. VESTING OF CERTAIN POWERS IN PUISNE JUDGES. All jurisdiction,
power and authority vested in the Chief Justice of the Leeward Islands immedi-
ately before the 1st January, 1940, shall be vested in and be exercised by each
of the Puisne Judges of the Supreme Court.


1634






Supreme Court (Witnesses' Allowances). 1635






S.RLO. (L.I.) 1/1955.

THE SUPREME COURT (WITNESSES' ALLOWANCES) RULES MADE
BY THE CHIEF JUSTICE ON NOVEMBER 19, 1954, UNDER THE
AUTHORITY OF SECTION 16 OF THE WINDWARD ISLANDS
AND LEEWARD ISLANDS (COURTS) ORDER IN COUNCIL, 1939
(IMPERIAL).



1. SHORT TITLE. These Rules may be cited as the Supreme Court
(Witnesses' Allowances) Rules.

2. WITNESSES' ALLOWANCES. The following allowances shall be paid
to witnesses (other than Government Officers) in criminal proceedings in the
Colony-
RATE OF
WITNESSES ALLOWANCE
PER DAY
$ $
(i) Domestic Servants, Labourers, Messengers and Porters ... .60-1.44
(ii) Small Farmers ... ... ... ... ... ... .60-1.44
(iii) Small Shopkeepers ... ... ... ... ... ... .60-1.44
(iv) Chauffeurs, Journeymen, Mechanics ... ... ... 1.20-2.50
(v) Auctioneers, Clerks, Tradesmen ...... ...
(vi) Housekeepers, Overseers, Peasant Proprietors, Shopkeepers, 2.00-3.00
Artisans ... ... ... ... ... ... ...
(vii) Notaries ... ... ... ... ... ... ... 3.60
(viii) Bankers, Merchants, Planters, Estate Managers ... ... 3.60
(ix) Professional Persons-
(a) not giving professional evidence ... ... ... (a) 3.60
(b) giving professional evidence ... ... ... (b) 6.00
(x) Witnesses not included in above classifications ... ... .40-3.00
NOTE :-1. Allowances to be paid in criminal cases in the
Supreme Court, in addition to reasonable and
necessary expenses, if any.
2. Government officers giving evidence in crimi-
nal cases to be allowed only their reasonable
and necessary expenses.






Windward Islands & Leeward Islands Court of Appeal.


S.R.O. (L.I.) 22/1940.
S.R.O. (L.I.) 8/1941.
S.R.O. (L.I.) 7/1946.
S.R.O. 10/1960.

THE WINDWARD ISLANDS AND LEEWARD ISLANDS COURT OF
APPEAL RULES MADE JUNE 13, 1940 UNDER SECTION 16 OF
THE LEEWARD ISLANDS AND WINDWARD ISLANDS (COURTS)
ORDER-IN-COUNCIL, 1939.



1. SHORT TITLE. These Rules may be cited as the Windward Islands and
Leeward Islands Court of Appeal Rules.

2. INTERPRETATION. In these Rules-
"The Court" means the Court of Appeal of the Windward Islands and
Leeward Islands;
"Supreme Court" means the Supreme Court of the Windward Islands and
Leeward Islands or any Judge thereof;
"Registrar" means Registrar in the Circuit where the appeal arose;
"Chief Registrar" means the Registrar of Grenada.
"Judge" means a Judge of the Supreme Court and includes the Chief
Justice;
"Circuit Judge" means Judge of the Circuit in which the appeal arose;
"Order-in-Council" means the Windward Islands and Leeward Islands
(Courts) Order-in-Council, 1959;
"The Criminal Appeal Act, 1907" means the Imperial Criminal Appeal Act,
1907 (7 Edw. 7 Ch. 23);
"appellant" includes a person who has been convicted and desires to appeal
under the Order-in-Council;
"sentence" includes any order of the Supreme Court made on conviction
with reference to any person convicted or his wife or children, and
any recommendation of the Supreme Court as to the making of an
expulsion order in the case of a person convicted, and the power of
the Court to pass a sentence includes the power to make any such
order of the Court or recommendation and the recommendations so
made by the Court shall have the same effect as if it were made under
the law relating to aliens or immigrants in force at the time in the
Colony where the appeal arose.


1636







Windward Islands & Leeward Islands Court of Appeal.


3. HEARING OF CERTAIN APPEALS BY Two JUDGES. The following classes
of appeals shall be heard and determined by two Judges unless the Chief Justice
shall otherwise direct-
(a) appeals from the decisions of magistrates;
(b) in civil matters-
(i) where the appeal is from the decision of a Judge in Chambers or
from an interlocutory judgment of a Judge of the Supreme Court
whether at first instance or on appeal and of Commissioners of
the Supreme Court appointed under the law in force in any
Colony in that behalf;
(ii) where the appeal is against the judgment of a Judge of the Su-
preme Court sitting as a Court of Summary Jurisdiction where
the subject matter of the suit does not exceed $144 in value or
where judgment is given for an amount not exceeding $144 or in
respect of property not exceeding $144 in value; and
(iii) where the appeal is against a judgment of the Supreme Court in
which no relief is sought by the appellant except that a new trial
be ordered.
(c) with respect to the Colonies of Antigua, Montserrat, St. Christopher
Nevis and Anguilla, and the Virgin Islands, appeals (other than appeals
from decisions of magistrates) which by virtue of any law in force therein
were, immediately before the first day of January, 1940, made to the Full
Court of the Colony of the Leeward Islands.


CIVIL APPEALS.

4. SITTINGS OF COURT AND NOMINATION OF JUDGES TO CONSTITUTE
COURT. (1) The Court shall sit in the Circuit where the appeal arose on such
date as may be determined by the Chief Justice. The Court may be adjourned
by one Judge or by the Registrar on instructions from a Judge. Provided that
when an appeal shall arise in the Virgin Islands Ciicuit the Chief Justice may
direct that the Court shall sit in some other Circuit in the Leeward Islands.
(2) The Judges who are to constitute the Court shall be nominated and
summoned by the Chief Justice.
(3) The Chief Justice after he has fixed the date of the sitting and the
constitution of the Court shall notify the Registrar through the Chief Registrar
when and where the Court is to sit and the Registrar shall inform the parties
to the appeal thereof and shall also cause the date of the sitting to be published
in the official Gazette of the Colony where the appeal arose and where practicable
in one or more of the local newspapers of that Colony.


1637






Windward Islands & Leeward Islands Court of Appeal.


5. DELIVERY OF JUDGMENT. (1) A judgment or other decision of the
Court shall be delivered in open court where the Court is sitting but if the Judges
of the Court or any of them are not prepared to deliver their judgments before
the conclusion of the sitting at which the appeal has been heard it shall be lawful
for the Judges or Judge to transmit to the Registrar their or his written judg-
ments or judgment on such appeal.
(2) Following the receipt of such judgments or judgment the Circuit Judge
shall read or cause to be read, or if the Judge is absent, the Registrar shall read
such judgments or judgment at a sitting of the Supreme Court and the Registrar
shall enter such judgment accordingly and such entry of judgment shall be as
effective in all respects as if it had been delivered at the sitting of the Court.

6. APPLICATIONS. Every application to the Court shall specify the Act
or Ordinance and the particular section thereof or the rule or other power under
which the Court is moved.

7. GROUNDS OF APPEAL. (1) All appeals shall be by way of rehearing and
shall be brought by notice of motion, which shall clearly and fully state the
grounds of the appeal; whether the whole or part only of the judgment or order
is complained of, and in the latter case shall specify such part. If the notice of
motion alleges misdirection or error in law particulars of such misdirection or
error shall be clearly stated.
(2) No ground of appeal which is vague or general in terms shall be permit-
ted, save the general ground that the judgment is against the weight of evidence.

8. ENTERING OF APPEALS. Every appeal shall be entered at the office of
the Registrar.

9. LIMITATION OF TIME FOR APPEALS. (1) Subject to any provisions
which may be made by the Legislature of any Colony no appeal shall be brought
under section 14 (1) (a) of the Order-in-Council, after the expiration of 14 days
and no appeal shall be brought under section 14 (1).(b) and (c) of the Order-in-
Council after the expiration of 28 days unless the Judge at the time of giving
judgment or making the order or at any time subsequently not exceeding 30
days shall extend the time. The said periods of 14 days and 28 days respectively
shall be calculated from the time at which the judgment or order is signed, entered
or otherwise perfected, or in the case of a refusal of an application from the date
of such refusal.
(2) An appeal shall be deemed to have been brought when the notice of
motion has been filed in the office of the Registrar.
(3) Notice of appeal from any judgment or order shall be a twenty-eight
day notice.


1,638







Windward Islands & Leeward Islands Court of Appeal.


10. PARTIES TO AN APPEAL. The notice of appeal shall be served upon
all parties directly affected by the appeal and it shall not be necessary to serve
parties not so affected; but the Court may direct notice of appeal to be served
on all or any parties to the action or other proceeding or upon any person not
a party and in the meantime may postpone or adjourn the hearing of the appeal
upon such terms as the Court shall decide and may give such judgment and make
such order as might have been given or made if the persons served with such
notice had been originally parties. Any notice of appeal may be amended at any
time as the Court shall think fit.

11. GENERAL POWERS OF COURT. The Court shall have the power to
make any order necessary for determining the real question in controversy between
the parties together with full discretionary power to receive further evidence
upon questions of fact, such evidence to be by oral examination in Court by
affidavit or by deposition taken before an examiner, commissioner or other proper
officer. Upon appeal from a judgment after trial or hearing of any cause or
matter upon the merits such further evidence shall be admitted on special
grounds only and not without special leave of the Court. The Court shall have
the power to draw inferences of fact and to give any judgment and make any
order which ought to have been made and to make such further and other order
as the case may require. The powers aforesaid may be exercised by the Court
notwithstanding that the notice of appeal may be that part only of the decision
may be reversed or varied and such powers may also be exercised in favour of
all or any of the respondents or parties although such respondents or parties may
not have appealed from or complained of the decision. The Court shall have
power to make such order as to the whole or any part of the costs of the appeal
as it may think fit.

12. POWER TO ORDER NEW TRIAL. If upon the hearing of an appeal
it shall appear to the Court that a new trial ought to be had the Court may if it
shall think fit order that the verdict and judgment shall be set aside and that a
new trial shall be had.

13 WHERE RESPONDENT SEEKS VARIATION OF DECREE. It shall not
under any circumstances be necessary for a respondent to give notice of appeal
by way of cross appeal, but if a respondent intends, upon the hearing of an
appeal, to contend that the decision appealed against shall be varied, he shall
within 14 days after service of the notice of appeal give written notice of such
intention to any parties who may be affected by such contention and in such
notice shall clearly state the reasons on which he intends to rely and within the
same period shall file a copy of such notice with the Registrar. Notwithstanding
any omission to give such notice the Court may consider the contention of the
respondent and may adjourn the appeal and make any order as to costs.


1639







Windward Islands & Leeward Islands Court of Appeal.


14. CONTENTS OF RECORD OF APPEAL. (1) The party appealing from a
judgment or order shall within twenty-eight days from the date when the appeal
is brought, lodge with the Registrar an affidavit of service of the notice of appeal
together with a copy of the said notice of appeal to be filed and shall also lodge
with the Registrar the following documents and papers-
(a) Four copies of the notice of appeal;
(b) Four copies of the judgment or order appealed from;
(c) Four copies of the pleadings if any;
(d) Four copies of all necessary affidavits;
(e) Four copies of the Judge's notes at the trial;
(f) Four copies of the judgment or decision of the trial Judge;
(g) Four copies of all other documents including the correspondence
and exhibits required for the hearing of the appeal.
The Registrar shall file one copy of each of the aforesaid documents and
papers and shall send the remaining copies to the Chief Registrar.
(2) So soon as all the documents and papers set out in sub-rule (1) of this
Rule have been lodged with the Registrar he shall set down the appeal for hear-
ing by entering such appeal in the proper list of appeals and such appeal shall
come on according to its proper order in such list unless the Court shall other-
wise direct.

15. ACTION BY CHIEF REGISTRAR WHEN APPEAL ENTERED. (1) As soon
as the Chief Registrar has received the documents and papers required under
Rule 14 (1) he shall at once inform the Chief Justice that an appeal has been
entered. The Chief Justice shall thereupon arrange for a sitting of the Court and
shall direct the Chief Registrar (a) to summon the Judges nominated for that
sitting; (b) to forward one set of documents in the appeal to each Judge selected;
and (c) to inform the Registrar of the date and place of the sitting.
(2) The Registrar shall thereupon notify the parties or their solicitors and
shall cause the date and place of such sitting of the Court to be published by
notice in the Official Gazette of the Colony where the appeal arose and a copy
of such notice to be displayed in some conspicuous place in the Court house in
the Circuit in which the Court will sit.

16. FAILURE OF APPELLANT TO LODGE DOCUMENTS, ETC. Where an
appellant fails to lodge the documents and papers required by Rule 14 (1) within
the time limited by the said rule or within such extended time as may be granted
by a Judge or by the Court, the appeal shall stand dismissed with costs and a
Judge, on production by the respondent of a certificate from the Registrar that
such documents or papers (or any of them) have not been lodged with him
within the time prescribed by these Rules, may order execution to issue forthwith.


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Windward Islands & Leeward Islands Court of Appeal.


17. AMENDMENT OF GROUNDS OF APPEAL. The appellant may at any
time, by leave of the Court and upon payment of the prescribed fees, amend or
add to the grounds of his appeal.

18. WHERE APPEAL INVOLVES QUESTION OF FACT. When any question
of fact is involved in an appeal, the evidence taken in the Court from which
such appeal is brought, bearing on such question shall, subject to any special
order be brought before the Court as follows-
(a) as to any evidence taken by affidavit by the production of office
copies of such affidavits;
(b) as to evidence taken orally by the production of a copy of the
Judge's notes or such other materials as the Court may deem expedient.

19. WHERE QUESTION OF DIRECTION OF JUDGE IN ISSUE COURT TO BE
GUIDED BY JUDGE'S NOTES. If upon the hearing of an appeal a question arises
as to the ruling or the direction of the Judge to a jury or assessors, the Court
shall have regard to the notes of the Judge or other evidence and such other
materials as the Court may deem expedient.

20. INTERLOCUTORY ORDER NOT TO PREJUDICE DECISION ON APPEAL.
No interlocutory order or rule from which there has been no appeal shall operate
so as to bar or prejudice the Court from giving a decision upon the appeal.

21. APPEAL NOT TO OPERATE AS STAY OF EXECUTION. An appeal shall
not operate as a stay of execution or of proceedings under the judgment or de-
cision appealed from, except so far as the trial Judge or the Court may order,
and no intermediate act or proceeding shall be invalidated except so far as the
trial Judge or the Supreme Court may direct.

22. FAILURE OF APPELLANT TO APPEAR. (1) If the appellant shall fail to
appear in person or by counsel when his appeal is called for hearing, the appeal
shall, on proof of service upon him of the notice of the hearing, stand dismissed
with costs.
(2) When an appeal has been dismissed owing to the non-appearance of
the appellant or his counsel the Court may, if it thinks fit, and on such terms
as to costs and otherwise as it may deem just, direct the appeal to be re-entered for
hearing.

23. FAILURE OF RESPONDENT TO APPEAR. If the respondent shall fail
to appear in person or by his Counsel when the appeal is called for hearing and
proof is made by the appellant that all necessary steps have been taken for prose-
cuting the appeal the Court shall proceed to hear the appeal ex part.


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Windward Islands & Leeward Islands Court of Appeal.


24. MATTERS WHICH MAY BE DEALT WITH BY JUDGE PRIOR TO HEARING
OF APPEALS. The following applications and matters may be dealt with by a
Judge-
(a) Applications for giving security for costs to be occasioned by any
appeal;
(b) Applications for leave to appeal in forma pauperis.
(c) Applications for a stay of execution on any judgment or order ap-
pealed from pending the determination of such appeal;
(d) Applications for extension of time;
(e) Generally any application which does not involve the final deter-
mination of the appeal.

25. COMPUTING INTEREST. On an appeal there shall be allowed interest
for such time as execution has been delayed by the appeal unless the Court
otherwise directs and the Registrar may compute such interest without any
special order for that purpose being made.

26. PROCEDURE WHERE JUDGE'S NOTES NOT AVAILABLE. On the hearing
of an appeal the Court may if the notes of the Judge are not produced or if
there are no notes of the Judge, proceed to hear and determine such appeal
upon any other evidence and statement of what occurred before such Judge as
the Court may deem sufficient.

27. DUTIES OF CHIEF REGISTRAR AND REGISTRARS. (1) The Registrar
shall keep a register in which shall be entered particulars of all appeals filed,
the date of filing, the date of the entering of the appeal, the date of the hearing
of the appeal and the judgment given.
(2) Immediately after the determination of the appeal the Registrar shall
file such copies and send to the Chief Registrar a copy of the entries made under
the provisions of the preceding sub-section and the Chief Registrar shall keep a
register in which a record of all appeals heard and determined by the Court
shall be made.
(3) The Registrar shall also send to the other Registrars of the Supreme
Court a copy of every judgment of the Court delivered in an appeal.
(4) (a) Every document or paper required by these Rules to be filed or
lodged with the Registrar shall be legibly printed or typewritten with black
ink upon strong white foolscap paper of good quality with an inner margin
of not less than 2 inches and a space of not less than three-eighths of an inch
shall be left between every two lines.
(b) There shall be an index to all documents and papers and every
page of them shall be numbered consecutively and every tenth line on a


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Windward Islands & Leeward Islands Court of Appeal.


page shall be numbered in the margin. Correspondence and exhibits shall be
arranged together next after other documents and papers.
(c) The Registrar may refuse to file or receive any document not
strictly conforming with sub-rule (4) (a) and (b) of this rule and the Court
may disallow the costs of any such document which has been filed with or
delivered by the Registrar.

28. ENFORCEMENT OF JUDGMENTS, ETC. Any judgment, decree or order
given or made by the Court may be enforced by the Court or by the Supreme
Court as the Court may consider most expedient or may direct.

29. EXECUTION BY SUPREME COURT IN TERMS OF CERTIFICATE. When
the Court directs any judgment, decree or order to be enforced by the Supreme
Court, a certificate under the seal of the Court and the hand of the Chief Justice
or presiding Judge setting forth the judgment, decree or order of the Court shall
be transmitted to the Registrar who shall enforce the judgment, decree or order
made by the Court in terms of the certificate.

30. TAXATION OF COSTS. All costs shall be taxed in accordance with
the law and practice of the Supreme Court obtaining in the Colony where the
appeal arose.

31. FEES. (1) The fees set forth in the First Schedule hereto shall be
payable to the Registrar in respect of proceedings in the Court.
(2) The scale of fees to be allowed to barristers, solicitors and attorneys
shall be the same as the fees allowed in the Supreme Court in the Colony in
which the appeal arose.

CRIMINAL APPEALS.

*[CRIMINAL APPEALS (SECTION 13 ORDER-IN-COUNCIL, 1959.) A person
convicted before the Supreme Court may appeal to the Court-
(a) against his conviction on any ground of appeal which involves a
question of law alone;
(b) with the leave of the Court or upon a certificate of the Judge
who tried him that it is a fit case for appeal against his conviction on any
ground which involves a question of fact alone or a question of mixed law
and fact or any other ground which appears to the Court to be a sufficient
ground of appeal; and
(c) with the leave of the Court against the sentence passed on his
conviction unless the sentence is one fixed by law.]


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Windward Islands & Leeward Islands Court of Appeal.


*[DETERMINATION OF APPEALS IN ORDINARY CASES. SECTION 4 (1) CRIMINAL
APPEAL ACT, 1907. (1) The Court on any such appeal against conviction
shall allow the appeal if they think that the verdict of the jury should be set
aside on the ground that it is unreasonable or cannot be supported having regard
to the evidence, or that the judgment of the Court before whom the applicant
was convicted should be set aside on the ground of a wrong decision of any ques-
tion of law or that on any ground there was a miscarriage of justice, and in any
other case shall dismiss the appeal:
Provided that the Court may, notwithstanding that they are of opinion that
the point raised in the appeal might be decided in favour of the appellant, dis-
miss the appeal if they consider that no substantial miscarriage of justice has
already occurred.
(2) Subject to the special provisions of the Order-in-Council or rules made
thereunder the Court shall, if they allow an appeal against conviction, quash the
conviction and direct a judgment and verdict of acquittal to be entered.
(3) On an appeal against sentence the Court shall, if they think that a
different sentence should have been passed, quash the sentence passed at the trial
and pass such other sentence warranted in law by the verdict (whether more or
less severe) in substitution therefore as they think ought to have been passed, and
in any other case shall dismiss the appeal.]

*[POWERS OF COURT IN SPECIAL CASES. SECTION 5 CRIMINAL APPEAL ACT,
1907. (1) If it appears to the Court that an appellant though not properly
convicted on some count or part of the indictment, has been properly convicted
on some other count or part of the indictment, the Court may either affirm the
sentence passed on the appellant at the trial or pass such sentence in substitution
therefore as they think proper, and as may be warranted in law by the verdict
on the count or part of the indictment on which the Court consider that the
appellant has been properly convicted.
(2) Where an appellant has been convicted of an offence and the jury could
on the indictment have found him guilty of some other offence, and on the
finding of the jury it appears to the Court that the jury must have been satisfied
of facts which proved him guilty of that other offence the Court may, instead
of allowing or dismissing the appeal, substitute for the verdict found by the
jury a verdict of guilty of that other ofence, and pass such sentence in substitution
for the sentence passed at the trial as may be warranted in law for that other
offence, not being a sentence of greater severity.
(3) Where on the conviction of the appellant the jury have found a special
verdict, and the Court consider that a wrong conclusion has been arrived at
by the Court before which the appellant has been convicted on the effect of
that verdict, the Court may, instead of allowing the appeal, order such con-
clusion to be recorded as appears to the Court to be in law required by the


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Windward Islands & Leeward Islands Court of Appeal.


verdict, and pass such sentence in substitution for the sentence passed at the
trial as may be warranted in law.
(4) If on any appeal it appears to the Court that, although the appellant was
guilty of the act or omission charged against him, he was insane at the time the
act was done or omission made so as not to be responsible according to law for
his actions, the Court may quash the sentence passed at the trial and order the
appellant to be kept in custody as a criminal lunatic in accordance with the
law relating to lunatics for the time being in force in the Colony where the
appeal arose in the same manner as if a special verdict had been found by the
jury under that law.]

*[RE-VESTING AND RESTITUTION OF PROPERTY ON CONVICTION. SECTION 6
CRIMINAL APPEAL ACT, 1907. (1) The operation of any order for the restitution
of any property to any person made on conviction on indictment, and the
operation, in case of any such conviction, of the provisions of the law relating
to the sale of goods in the Colony where the appeal arose as to the re-vesting of
the property in stolen goods on conviction, shall (unless the Court before whom the
conviction takes place direct to the contrary in any case in which in their opinion,
the title to the property is not in dispute) be suspended-
(a) in any case until the expiration of ten days after the date of con-
viction; and
(b) in cases where notice of appeal or leave to appeal is given within
ten days after the conviction, until the determination of the appeal,
and in cases where the operation of any such order, or the operation of the
said provisions is suspended until the determination of the appeal, the order or
provisions as the case may be, shall not take effect as to the property in question
if the conviction is quashed on appeal.
(2) The Court may by order annul or vary any order made on a trial for the
restitution of any property to any person, although the conviction is not quashed;
and the order if annulled, shall not take effect, and if varied shall take effect as
so varied.]

*[JUDGMENTS OF THE COURT. SECTION 1 (5) CRIMINAL APPEAL ACT, 1907.
Unless the Court directs to the contrary in cases where, in the opinion of the
Court, the question of law on which it would be convenient that separate judg-
ments should be pronounced by the Judges of the Court, the judgment of the
Court shall be pronounced by the Chief Justice or the Presiding Judge and no
judgment with respect to the determination of any question shall be separately
pronounced by any other member of the Court.]

32. OBLIGATION OF APPELLANT TO COMPLETE FORMS. A person desiring
to appeal to the Court against his conviction or sentence shall, except as otherwise


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Windward Islands & Leeward Islands Court of Appeal.


provided by Rules of Court, commence his appeal by giving notice to the
Registrar of appeal or notice of application for leave to appeal or notice of
application for extension of time within which such notice shall be given as the
case may be in the form of such notices respectively set forth in the Second
Schedule hereto.

33. NOTICE OF APPLICATION FOR LEAVE TO APPEAL. Where the Court
has, on a notice of application for leave to appeal duly served and in the form
prescribed in the Second Schedule hereto, given the appellant leave to appeal,
it shall not be necessary for such appellant to give any notice of appeal but
notice of application for leave to appeal shall in such case be deemed to be notice
of appeal.

34. TIME OF NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL.
(1) A person giving notice of appeal or making application for leave to
appeal under section 13 of the Order-in-Council shall deliver to the Registrar
the notice of appeal in the form prescribed in the Second Schedule within ten
days of the date of his conviction except in the case of an application for leave to
appeal under paragraph (1) (c) of section 13 of the Order-in-Council which
shall be made in the form prescribed in the Second Schedule within 10 days of
the date of sentence.
(2) If the appellant is in custody when he gives notice of appeal the Officer
in charge of the Prison shall on being requested by the appellant render all
reasonable assistance in the preparation of such notice of appeal, and shall
cause such notice when completed to be forwarded to the Registrar.

35. FURNISHING OF JUDGE'S NOTES AND REPORT. When an appeal
has been duly entered the Registrar shall request the trial Judge to furnish
him with his notes of evidence at the trial or a copy thereof and also a report
giving his opinion upon the case or upon any point arising in the case in accord-
ance with section 8 of the Criminal Appeal Act, 1907. The Registrar upon receipt
of such notes and report abovementioned shall furnish copies thereof in triplicate
to the Chief Registrar together with three copies of the indictment or charge
and all the written exhibits in the case and shall file the originals.

36. CHIEF JUSTICE TO FIX DATE FOR HEARING APPEAL. The Chief
Registrar shall on the receipt of the appeal and of the documents referred to in
rule 35, report to the Chief Justice who shall thereupon fix the place and date for
the hearing of the appeal and select the Judges to constitute the Court. The
Chief Registrar shall notify the Judges of their selection and of the date and
place fixed for the hearing of the appeal and shall send to each Judge a copy of
all documents in the case.


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Windward Islands & Leeward Islands Court of Appeal.


37. REGISTRAR TO NOTIFY PARTIES. The Chief Registrar shall also notify
the Registrar in the Colony where the appeal arose of the date and place of
the sitting of the Court and the selected Judges and the Registrar shall serve
notice accordingly upon the appellant and upon counsel for the Crown.

38. APPEALS MAY BE DISMISSED SUMMARILY IN CERTAIN CASES. If all
or a majority of the three Judges selected to hear the appeal upon consideration
of all the documents in the case are of the opinion that the appeal is frivolous
or vexatious and can be determined without a full hearing they may dismiss the
appeal summarily without hearing. In such an event the Chief Registrar shall
on so being informed report to the Registrar who shall enter the dismissal on
the records of the Court:
Provided that this rule shall not apply in a case where the appeal is against
the sentence of death or when the appellant has obtained special leave to appeal
as provided in paragraphs (b) and (c) of section 13 (1) of the Order-in-Council
or has been granted a certificate by the trial Judge as provided in paragraph (b)
aforesaid.

*[SENTENCES INVOLVING DEATH AND CORPORAL PUNISHMENT. SECTION 7
(2) CRIMINAL APPEAL ACT, 1907. In the case of a conviction involving sentence
of death or corporal punishment-
(a) the sentence shall not in any case be executed until after the
expiration of the time within which notice of appeal or of an application for
leave to appeal may be given under these rules; and
(b) if notice is so given, the appeal or application shall be heard and
determined with as much expedition as practicable, and the sentence shall
not be executed until after the determination of the appeal, or in cases
where an application for leave to appeal is finally refused, of the
application.]

39. REGISTRAR TO INFORM PARTIES OF SUMMARY DISMISSAL. The
Registrar shall when notified by the Chief Registrar that an appeal has been sum-
marily dismissed under rule 38 at once notify counsel for the Crown and the
Officer in charge of the Prison so that the sentence of the lower Court may be
carried into effect.

40. APPELLANT MAY PRESENT ARGUMENTS IN WRITING. (1) The appel-
lant may, if he so desires, present his case and argument in writing instead of
orally before the Court. If he desires such argument to be forwarded to the Court
before the date of hearing he shall furnish the Registrar with four copies of the
documents containing his submissions. One copy shall be filed by the Registrar
and the remaining copies shall be forwarded by him to the Chief Registrar if the
Registrar has not already received notification of the names of the Judges selected


1647






Windward Islands & Leeward Islands Court of Appeal.


to hear the appeal. If the Registrar has already been notified of the names of the
selected Judges he shall forward one copy direct to each of the three Judges if
in his opinion there is sufficient time available to allow such documents to be
transmitted by post and reach the Judges before they leave their respective sta-
tions for the Circuit where the appeal is to be heard; otherwise the Registrar
shall retain such documents and make such documents available to the Judges
when they convene for the hearing of the appeal.
(2) In the event of the documents referred to in the preceding sub-rule
failing to reach the Judges before they leave their respective stations, the Court
may, notwithstanding such failure, proceed to hear and determine the appeal and
such failure shall not be a sufficient ground for postponing the hearing of the
appeal.

41. POWER TO COURT TO GRANT APPELLANT LEAVE TO BE PRESENT. An
appellant notwithstanding that he is in custody shall be entitled to be present at
the final hearing of his appeal except where the appeal is one involving a question
of law alone. In that event and also on the application for leave to appeal and
on any proceedings preliminary or incidental to an appeal he shall not be entitled
to be present except when he is not represented by counsel or the Court gives
him special leave to be present. The power of the Court to pass sentence, may be
exercised notwithstanding that the appellant is for any reason not present.

42. APPLICATION WHICH MAY BE MADE TO A CIRCUIT JUDGE. (1) All
applications for the exercise of the powers of a Judge in matters mentioned in
section 17 of the Criminal Appeal Act, 1907 may be made at any time to a
Circuit Judge save and except an application for leave to appeal which shall
be made within 10 days of the date of conviction or sentence.
(2) An application for leave to appeal may be made immediately after con-
viction or sentence in Court orally to the trial Judge. The Judge may either
proceed to hear the application or may require formal notice of the application
to be given in the form prescribed in the Second Schedule.
(3) If the Judge elects to hear the application without formal notice being
given and upon hearing the parties decides to refuse leave to appeal he shall give
written reasons for such refusal.
(4) If the Judge after hearing the parties decides to grant leave to appeal
he shall at the same time proceed to hear and determine any applications for
bail or legal assistance.

43. PROCEDURE WHERE APPLICATION FOR LEAVE TO APPEAL IS NOT
MADE ORALLY. (1) Where an application for leave to appeal is not made orally
at the time of conviction or sentence as provided in rule 42 or is made by a per-
son in custody, notice of application shall be given to the Registrar in the form
prescribed in the Second Schedule. If the Circuit Judge is in the Circuit where


1648






Windward Islands & Leeward Islands Court of Appeal.


the appeal arose at the time the notice is received he shall where circumstances
so permit proceed to hear the application in accordance with the procedure
provided in rule 42. If the Circuit Judge is absent from the Circuit in which
the appeal arose at the time the notice is received the Registrar shall after notify-
ing counsel for the Crown send by post copies of all documents connected with
the application for leave to appeal to the Circuit Judge together with any sub-
missions which counsel for the Crown may desire to make.
(2) On receipt of the notice and documents abovementioned the Circuit
Judge shall consider the application and inform the Registrar of his decision
through the post. The Registrar shall on receipt of such decision notify the parties
and enter the decision in the records of the Court.

44. PROCEDURE WHERE JUDGE REFUSES AN APPLICATION UNDER SECTION
17 OF THE CRIMINAL APPEAL ACT, 1907. (1) If a Judge refuses to exercise all
or any of his powers in an application made with reference to the matters men-
tioned in section 17 of the Criminal Appeal Act, 1907, and the appellant desires
to appeal to the Court he shall within three days from such refusal give notice
to the Registrar in the form prescribed in the Second Schedule. The Registrar
shall, on receipt of such notice (save in the case of a refusal of leave to appeal),
at once forward three copies of the proceedings in the application to the Chief
Registrar who shall take steps to bring the appeal to hearing:
Provided that when the appeal is against a refusal to grant leave to appeal
the Registrar shall forward not only the documents in the application but all
other documents in the case so that the Court may be fully seised in the matter.
(2) In the case of an appeal from a refusal of a Judge to entertain an appli-
cation under section 17 of the Criminal Appeal Act, 1907, the Judges selected
to hear the appeal shall, if after due consideration they or the majority of them
are of the opinion that the application is one that should be granted, so notify the
Registrar and thereupon the application shall be deemed to have been granted
and the previous refusal of the Judge set aside:
Provided that if the Court desires to hear arguments before deciding the
appeal further proceedings in the appeal shall be heard in Court on a date to be
fixed by the Chief Justice.

45. APPEAL MAY BE DISMISSED ON NON-APPEARANCE OF APPELLANT.-
If on the day fixed for the hearing of an appeal the appellant fails to appear the
Court may on being satisfied that he has received due notice of the date of hear-
ing of the appeal dismiss the appeal and may make any order relating to the
forfeiture of any bond or sureties entered into in accordance with the provisions
of the rules.
*[SUPPLEMENTAL POWERS OF COURT. SECTION 9 CRIMINAL APPEAL ACT, 1907.
The Court may, if they think it necessary or expedient in the interest of justice-


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Windward Islands & Leeward Islands Court of Appeal.


(a) order the production of any document, exhibit, or other thing con-
nected with the proceedings the production of which appears to them neces-
sary for the determination of the case; and
(b) if they think fit order any witnesses who would have been compell-
able witnesses at the trial to attend and be examined before the Court,
whether they were or were not called at the trial, or order the examination
of any such witnesses to be conducted in manner hereinbefore provided; and
(c) if they think fit receive the evidence, if tendered, of any witness
(including the appellant) who is a competent but not compellable witness,
and, if the appellant makes an application for the purpose, of the husband
or wife of the appellant, in cases where the evidence of the husband or wife
could not have been given at the trial except upon such application; and
(d) where any question arising on the appeal involves prolonged ex-
amination of documents or accounts, or any scientific or local investigation
which cannot in the opinion of the Court conveniently be conducted before
the Court, order the reference of the question in manner hereinafter provided
for inquiry and report to a special commissioner appointed by the Court,
and act upon the report of any such commissioner so far as they think fit
to adopt it; and
(e) appoint any person with special expert knowledge to act as an
assessor to the Court in any case where it appears to the Court that such
special knowledge is required for the proper determination of the case;
and exercise in relation to the proceedings of the Court any other powers which
may for the time being be exercised by the Court on appeals in civil matters, and
issue any warrants necessary for enforcing the orders or sentences of the Court :
Provided that in no case shall any sentence be increased by reason of or in
consideration of any evidence that was not given at the trial.]

*[LEGAL ASSISTANCE TO APPELLANT. SECTION 10 CRIMINAL APPEAL ACT,
1907. The Court may at any time assign legal aid to an appellant in any appeal
or proceedings preliminary or incidental to an appeal in which, in the opinion
of the Court, it appears desirable in the interest of justice that the appellant should
have legal aid, and that he has not sufficient means to obtain that aid.]


46. ABANDONMENT OF APPEAL. (1) An appellant may at any time aban-
don his appeal by giving notice of abandonment thereof in the form prescribed in
the Second Schedule and upon such notice being given the appeal shall be deemed
to have been dismissed by the Court.
(2) The Registrar on receiving such notice of abandonment shall at once give
notification thereof to the Chief Registrar.


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Windward Islands & Leeward Islands Court of Appeal.


47. POWER OF SUPREME COURT TO IMPOSE RECOGNIZANCES. (1) Where
any person has been convicted and is thereupon sentenced to the payment of
a fine and, in default of such payment, to imprisonment, and he intimates to the
Supreme Court that he is desirous of appealing against his conviction, the Su-
preme Court may order such person forthwith to enter into recognizances with
or without sureties in such amount, as the Court may think right, to prosecute
his appeal, and subject thereto, may order that payment of the said fine shall
be made at the final determination of the appeal, if the same be dismissed.
(2) FORMS OF RECOGNIZANCES. The recognizances provided for in this
rule shall be in the form prescribed in the Second Schedule. The Registrar shall
forward the recognizances of the appellant and his surety or sureties to the Chief
Registrar.
(3) APPELLANT COMMITTING BREACH OF RECOGNIZANCE. If an appellant
to whom sub-rule (2) of this rule applies does not serve in accordance with these
Rules a notice of appeal within 10 days of the date of his conviction or sentence,
the Registrar shall report such omission to the Supreme Court which may, after
notice in.the form prescribed in the Second Schedule has been given to the
appellant and his sureties, if any, order an estreat of the recognizances of the
appellant and his sureties and may issue a warrant for the apprehension of the
appellant and may commit him to prison in default of payment of his fine or
may make such other order as he thinks right.

48. PERSON IN CUSTODY IN DEFAULT OF PAYMENT OF FINE DEEMED TO
BE PERSON SENTENCED TO IMPRISONMENT. Where a person has, on his convic-
tion, been sentenced to payment of a fine and in default of payment to imprison-
ment, and such person remains in custody in default of payment of the fine he
shall be deemed to be a person sentenced to imprisonment.

49. BAIL: COURT TO SPECIFY AMOUNT AND BEFORE WHOM RECOGNIZ-
ANCES TO BE TAKEN. (1) When the Supreme Court or the Court admits an
appellant to bail pending the determination of his appeal or an application by
him duly made, the Court shall specify the amounts in which the appellant and
his surety or sureties (if any be required) shall be bound by recognizance and shall
direct, if they think right so to do,before whom the recognizancies of the appellant
and his surety or sureties (if any) may be taken.
(2) FORM OF RECOGNIZANCES. The recognizances provided for in this rule
shall be in the form prescribed in the Second Schedule.
(3) PRESENCE OF APPELLANT ON BAIL. An appellant who has been admit-
ted to bail shall be personally present at each and every hearing of his appeal
and at the final determination thereof. The Court may, in the event of such
appellant not being present at any hearing of his appeal, if they think right so


1651






Windward Islands & Leeward Islands Court of Appeal.


to do, decide to consider the appeal and may proceed summarily to dismiss the
same, and may issue a warrant for the apprehension of the appellant in the form
prescribed in the Second Schedule:
Provided that the Court may consider the appeal in his absence or make
such order as they think fit.
(4) POWER TO REVOKE ORDER FOR BAIL. The Court may at any time
revoke the order admitting the appellant to bail if satisfied that it is in the interests
of justice so to do and may issue a warrant in the prescribed form for his appre-
hension and order him to be committed to prison.

*[ADMISSION OF APPELLANT TO BAIL. SECTION 14 (3) CRIMINAL APPEAL
ACT, 1907. The time during which an appellant, pending the determination of
his appeal, is admitted to bail, and subject to any directions the Court may give
to the contrary on any appeal, the time during which the appellant, if in custody,
is specially treated as an appellant under this rule, shall not count as part of any
term of imprisonment under his sentence, and, in the case of an appeal any
imprisonment under the sentence of the appellant, whether it is the sentence
passed by the Court of trial or the sentence passed by the Court, shall subject to
any directions which may be given by the Court as aforesaid, be deemed to be
resumed or to begin to run, as the case requires, if the appellant is in custody, as
from the day on which the appeal is determined, and, if he is not in custody as
from the day he is received into prison under the sentence.]

50. CUSTODY AND CONTROL OF EXHIBITS. (1) All documentary exhibits in
any proceedings on the trial of any person on indictment who if convicted is
entitled or may be authorized to appeal under these rules shall be kept in the
custody and control of the Supreme Court for a period of twenty-eight days from
the date of sentence. If at the expiration of one month no notice of appeal or
of application for leave to appeal has been lodged with the Registrar such exhibits
shall be returned to the person producing the same.
(2) Such person may be required by the Registrar to execute a bond for the
production of such documents to the Court at any time within a period of twenty-
eight days.
(3) Other exhibits in any preceding or trial shall be kept in the custody of
the Police for production to the Registrar when so required.
(4) When no appeal is lodged or notice of application for leave to appeal is
received by the Registrar within twenty-eight days of the date of the sentence
the provisions set out in sub-rules (1) and (2) of this rule shall apply as the case
may be.
(5) Provided that this rule shall not apply to any live or perishable exhibits
except by special order of the trial Judge who shall make any order he thinks
fit for the custody, disposal or production of such exhibits.


1652






Windward Islands & Leeward Islands Court of Appeal.


51. ATTENDANCE OF WITNESS BEFORE THE COURT. (1) Where the Court
has ordered any witness to attend and be examined before the Court an order in
the form prescribed in the Second Schedule shall be served upon such witness
specifying the time and place at which to attend for such purpose.
(2) APPLICATION TO COURT TO HEAR WrrNESSES. Such order may be made
on the application at any time of the appellant or respondent, but if the appellant
is in custody and not legally represented the application shall be made by him
in the form prescribed in the Second Schedule.
(3) ORDER APPOINTING EXAMINER. Where the Court orders the examination
of any witness to be conducted otherwise than before the Court itself, such order
shall specify the person appointed as examiner to take and the place of taking
such examination and the witness or witnesses to be examined threat.
(4) FURNISHING EXAMINER WITH EXHIBITS, &c. NECESSARY FOR EXAMINA-
TION. The Registrar shall furnish to the person appointed to take such examina-
tion any documents or exhibits and any other material relating to the said appeal
as and when requested to do so. Such documents and exhibits and other material
shall after the examination has been concluded be returned by the examiner,
together with any depositions taken by him under this rule, to the Registrar.
(5) NOTIFICATION OF DATE OF EXAMINATION. When the examiner has ap-
pointed the day and time for the examination he shall request the Registrar to
notify the appellant and respondent and their legal representatives if any, and
when the appellant is in prison, the Officer in charge of the Prison thereof. The
Registrar shall cause to be served on every witness to be examined a notice in the
form prescribed in the Second Schedule.
(6) EVIDENCE ON OATH. Every witness examined before an examiner under
this rule shall give his evidence upon oath to be administered by such examiner,
except where any such witness if giving evidence as a witness on a trial on in-
formation need not be sworn.
(7) DEPOSITION OF WITNESS HOW TO BE TAKEN. The examination of every
such witness shall be taken in the form of a deposition and unless otherwise
ordered shall be taken in private. The caption in the form prescribed in the
Second Schedule shall be attached to any such deposition.
(8) EXPENSES OF WITNESSES BEFORE EXAMINER. Where any witness shall
receive an order or notice to attend before the Court or an examiner, the Registrar
may, if it appears to him necessary so to do, pay to such witness a reasonable
sum for his expenses.
(9) PRESENCE OF PARTIES AT EXAMINATION OF WITNESSES. The appellant
and his legal representative (if any) and the respondent shall be entitled to be
present at and take part in any examination of any witness to which this rule
relates.


1653






Windward Islands & Leeward Islands Court of Appeal.


52. PROCEEDINGS ON REFERENCE. When an order of reference is made
by the Court to a special commissioner, the question to be referred, and the person
to whom as special commissioner the same shall be referred, shall be specified in
such order. The Court may in such order or by giving directions as and when
they from time to time shall think right, specify whether the appellant or res-
pondent or any person on their behalf may be present at any examination or
investigation or at any stage thereof as may be ordered, and specify any and what
powers of the Court may be delegated to such special commissioner, and may
require him from time to time to make interim reports to the Court upon the
question referred to him, and may, if the appellant is in custody, give leave to
him to be present at any stage of such examination or investigation and give
the necessary directions to the Officer in charge of the Prison accordingly, and
may give directions to the Registrar that copies of any report made by such
special commissioner shall be furnished to the appellant and respondent.

53. COSTS OF APPEAL. On the hearing and determination of an appeal
or any proceedings preliminary or incidental thereto, no costs shall be allowed
on either side.

*[DUTIES OF REGISTRAR WITH RESPECT TO NOTICES OF APPEAL, &C. SECTION
15 CRIMINAL APPEAL ACT, 1907. (1) The Registrar shall take all necessary steps
for obtaining a hearing under these Rules of Court of any appeals or applications,
notice of which is given to him under such Rules of Court and shall obtain and
lay before the Court in proper form all documents, exhibits, and other things
relating to the proceedings in the Court before which the appellant or applicant
was tried which appear necessary for the proper determination of the appeal or
application.
(2) The Registrar shall furnish the necessary forms and instructions in rela-
tion to notices of appeal or notices of application under these rules to any
person who demands the same, and to officers or persons as he thinks fit, and
the Officer in charge of the prison shall cause these forms and instructions to be
placed at the disposal of prisoners desiring to appeal or to make any application
under these rules and shall cause any such notice given by a prisoner in his cus-
tody to be forwarded on behalf of the prisoner to the Registrar.
(3) The Registrar shall report to the Court or some Judge thereof any
case in which it appears to him that, although no application has been made
for the purpose, legal aid ought to be assigned to an appellant under the powers
given to the Court.]

54. REGISTERS OF APPEALS TO BE KEPT. (1) Each Registrar shall keep
a register in which shall be entered particulars of all appeals filed, the date of
filing, the date of entering of the appeal, the date of the hearing of the appeal,
and the decision of the Court and any other relevant matters.


11654







Windward Islands & Leeward Islands Court of Appeal.


(2) On the determination of an appeal the Registrar shall send to the Chief
Registrar a copy of the entries made under the provisions of sub-section (1) of
this rule and the Chief Registrar shall keep a register in which a record of all
appeals heard and determined by the Court shall be entered.
(3) The Chief Registrar shall also send to the other Registrars a copy of
every written judgment of the Court.
*[PREROGATIVE OF MERCY. SECTION 19 CRIMINAL APPEAL ACT, 1907.
Nothing in the Act shall affect the prerogative of mercy, but the Administrator
on the consideration of any petition for the exercise of Her Majesty's mercy
having reference to the conviction of a person on indictment or to the sentence
(other than sentence of death) passed on a person so convicted, may, if he thinks
fit, at any time either-
(a) refer the whole case to the Court and the case shall then be heard
and determined by the Court as in the case of an appeal by a person con-
victed; or
(b) if he desires the assistance of the Court on any point arising in the
case with a view to the determination of the petition, refer that point to
the Court for their opinion thereon, and the Court shall consider the point
so referred and furnish the Administrator with their opinion thereon
accordingly.]

55. SHORTHAND NOTES OF TRIAL. Shorthand writers appointed under
the provisions of section 20 (1) and for the purpose of Section 13 of the Order-
in-Council shall take the shorthand notes of the proceedings at the trial of any
person on indictment who, if convicted, is entitled or may be authorized to appeal
or to whom leave may be granted to appeal, to the Court, and on any appeal or
application for leave to appeal a transcript of such notes, or any part thereof,
shall be made by the shorthand writer if the Registrar so directs, and forwarded
to the Registrar for the use of the Court or any Judge thereof:
Provided that a transcript shall be furnished free of cost to the person
convicted.

56. SHORTHAND NOTES TO BE CERTIFIED BY THE WRITER. A shorthand
writer shall sign the shorthand notes taken by him at any trial or proceeding, or
of any part of such proceeding, and certify the same to be a complete set of the
shorthand notes thereof, and shall retain the same unless and until he is directed
by the Registrar to forward such shorthand notes to him.

57. TRANSCRIPT TO BE FURNISHED ON DIRECTION OF REGISTRAR. A
shorthand writer shall, on being directed by the Registrar furnish to him, for
the use of the Court, a transcript of the whole or any part of the shorthand
notes taken by him of any trial or proceeding in reference to which an appellant
has appealed.


1655






Windward Islands & Leeward Islands Court of Appeal.


58. TRANSCRIPT TO BE MADE BY WRITER THEREOF OR SOME OTHER
PERSON ON REGISTRAR'S DIRECTION. Whenever a transcript of the whole or of
any part of such shorthand notes is required for the use of the Court, such
transcript may be made by the shorthand writer who took and certified the
shorthand notes, or by such other competent person as the Registrar may direct.

59. VERIFICATION OF TRANSCRIPT FOR USE OF COURT. A transcript
of the whole or any part of the shorthand notes relating to the case of any
appellant which may be required for the use of the Court shall be typewritten
and verified by the oath or statutory declaration of the person making the same
that the same is a complete transcript of the whole, or such part, as the case
may be, of the shorthand notes purported to have been taken, signed and certified
by the shorthand writer who took the same. Such transcript shall be submitted
to the trial Judge for certification as to the correctness thereof.



*NOTE.-To facilitate reference, certain sections of the Criminal Appeal Act,
1907, which are expressly applied to the Windward and Leeward Islands by
virtue of section 13 (2) of the Windward Islands and Leeward Islands (Courts)
Order in Council, 1959, have been incorporated in these rules with the necessary
modifications to adapt them to prevailing circumstances in the several Colonies.


FIRST SCHEDULE.

FEES IN CIVIL MATTERS.


On entering an appeal ... ... ... ... ... ......
On filing every document or exhibit ... ... ... ......
On every judgment ... ... ... ... ... ...
On amending or adding to grounds of appeal by leave or direction of
Court at the hearing ... ... ...... ... ...
Provided that the Court shall have power to reduce or waive the fee.
On inspection of any document or judgment ... ... ...
On filing motion for re-entering appeal struck out ... ... ... .
On office copies of any documents for the first folio of 90 words ... .


For every other folio or part of a folio
Every taxation of bill of costs including certificate ...


r. 31 (1).


$ c
4.80
.24
4.80

14.40


.24
9.60
.24


... ... ... .12
... ... ... 2.40


11656







Windward Islands & Leeward Islands Court of Appeal.


SECOND SCHEDULE.


FORM I.

IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.

(Criminal Jurisdiction.)


ISLAND


R. V.


Judge's Certificate.


In the


Court of


WHEREAS the said was tried and convicted

before the undersigned in the said Court on the day of

19 on an indictment charging him with

and was thereupon sentenced by me to


I DO HEREBY CERTIFY that the case is a fit case for an appeal by the said

to the Appeal Court upon the following grounds :-




(Here specify in general terms the grounds on which Certificate granted.)


Dated the


day of


19


(Sd.)


Judge.


1657






Windward Islands & Leeward Islands Court of Appeal.


FORM II.

IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)


ISLAND


R. V.


Notice of Appeal and of Grounds of Appeal.
QUESTION OF LAW ONLY.


In the


Court of


To the Registrar of the above Court
and to counsel for the Crown.
I


having been convicted on the


day of 19 of the offence of
and being now a prisoner in
at (or now living at
if appellant for any reason not in custody) do hereby give you Notice of Appeal
against my conviction to the Court of Appeal on questions of law, that is to say:-



(Here state clearly the question or questions of law on which you desire to appeal.)


Dated the


day of


(Sd.)


Appellant.


Signature and address of witness.


PARTICULARS OF TRIAL AND CONVICTION.

1. In what Court tried.
2. Sentence.
3. Whether above questions of law were raised at the trial.

N.B.-The Court will, if you desire it, consider your case and argument if put
into writing by you or on your behalf, instead of your case and argument being
presented orally. If you desire to present your case and argument in writing, set out
here as fully as you think right your case and argument in support of your appeal.


1658







Windward Islands & Leeward Islands Court of Appeal. 1659


FORM III.
IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)

ISLAND R. V.

Notice of Appeal upon Certificate of Judge of Court of Trial.



In the Court of

To the Registrar of the above Court
and to counsel for the Crown.

I having been convicted on the
day of 19 of the offence of
and now being a prisoner in
at (or now living at
if appellant for any reason not in custody) and having duly obtained a Certificate
which is hereto annexed from the Judge before whom I was tried for the said
offence, that it is a fit case for appeal, DO HEREBY GIVE YOU NOTICE OF APPEAL,
against my said conviction to the Court of Appeal.
Dated the day of 19

(Sd.)

Appellant.
Signature and address of witness.




PARTICULARS OF TRIAL AND CONVICTION.
1. In what Court tried.
2. Sentence.
3. Do you desire to be present on the hearing of your appeal by the Court.

N.B.-The Court will, if you desire it, consider your case and argument if put
into writing by you or on your behalf, instead of your case and argument being
presented orally. If you desire to present your case and argument in writing, set out
here as fully as you think right your case and argument in support of your appeal.







Windward Islands & Leeward Islands Court of Appeal.


FORM IV.
IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)
ISLAND R. V.
Notice of Application for Leave to Appeal against a Conviction.


In the Court of
To the Registrar of the above Court
and to counsel for the Crown.
I having been convicted on the
day of 19 of the offence of
and being now a prisoner in
at (or now living at
if appellant for any reason not in custody) and being desirous of appealing against
my said conviction, DO HEREBY GIVE YOU NOTICE that I hereby apply to the Court
of Appeal for leave to appeal against my said conviction on the grounds hereinafter
set forth :-


(Here state clearly and concisely the grounds on which you desire to appeal
against your conviction.)
Dated the day of 19
(Sd.)
or mark.
Appellant.
Signature and address of witness.


PARTICULARS OF TRIAL AND CONVICTION.
1. In what Court tried.
2. Sentence.
Grounds of Application.
(1) If you desire to be present when the Court considers your present application
for leave to appeal, state-
(a) Whether or not you are legally represented, and
(b) The ground on which you submit that the Court should give you
leave to be present threat.

N.B.-(2) The Court will, if you desire it, consider your case and argument if
put in writing by you or on your behalf, instead of your case and argument being
presented orally. If you desire to present your case and argument in writing set out
here as fully as you think right your case and argument in support of your appeal.
State if you desire to be present at the final hearing of your appeal.


1660







Windward Islands & Leeward Islands Court of Appeal.


FORM V.
IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)
ISLAND R. V.
Notice of Application for Leave to Appeal against Sentence.


In the Court of
To the Registrar of the above Court
and to counsel for the Crown.
I having been convicted on the
day of 19 of the offence of
and being now a prisoner in
at (or now living at
if appellant for any reason not in custody) DO HEREBY GIVE YOU NOTICE that I desire
to apply to the Court of Appeal for leave to appeal to the said Court against the
sentence of passed upon me for the said offence,
on the following grounds :-


(Here state grounds on which you desire to question the sentence.)
Dated the day of 19
(Sd.)
Appellant.
Signature and address of witness.


PARTICULARS OF TRIAL AND CONVICTION.
1. In what Court tried.
2. Sentence.
Grounds for Application.
(1) If you desire to be present when the Court considers your present applica-
tion for leave to appeal, state :-
(a) Whether or not you are legally represented, and
(b) The ground on which you submit that the Court should give you leave
to be present threat.

N.B.-(2) The Court will, if you desire it, consider your case and argument if
put in writing by you or on your behalf, instead of your case and argument being
presented orally. If you desire to present your case and argument in writing set out
here as fully as you think right your case and argument in support of your appeal.
State if you desire to be present at the final hearing of your appeal.


1661








Windward Islands & Leeward Islands Court of Appeal.


FORM VI.

IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)


ISLAND


R. V.


Notice of Application for Extension of Time within which to Appeal.


In the


Court of


To the Registrar of the above Court
and to counsel for the Crown.

I
day of


having been convicted on the
19 of the offence of


and being now a prisoner in
at (or now living at
if appellant for any reason not in custody) Give you Notice that I hereby apply to
the Appeal Court for an extension of time within which I may give notice of
appeal (or notice of application for leave to appeal) on the grounds following:-



(Here set out clearly the reason for the delay in giving such notice, and the
grounds on which you submit the Court should extend the time.)


Dated the


day of


(Sd.)


Appellant.
Signature and address of witness.

N.B.-You are required to send to the Registrar, duly filled up Form II if your
proposed appeal involves a question of law alone; or Form III if you have obtained
the Certificate of the Judge of the Court of Trial; or Form IV if you have not
obtained such Certificate; or Form V if you desire to appeal against your sentence
only, together with this Notice.


1662






Windward Islands & Leeward Islands Court of Appeal.


FORM VII.


IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND
(Criminal Jurisdiction.)


ISLAND


LEEWARD ISLANDS.


R. V.


Notice of Abandonment of Appeal.


In the


Court of


To the Registrar of the above Court
and to counsel for the Crown.
I having been convicted on the
day of 19 of the offence of
and having been desirous of appealing and having
duly sent notice to that effect to the Appeal Court against my said conviction (or
the sentence of passed upon me on my said conviction)
do hereby give you notice that I do not intend further to prosecute my appeal,
but that I hereby abandon all further proceedings in regard thereto as from the
date hereof.


Dated the


day of
(Sd.)


Applicant.


Signature and address of witness.


FORM VIII.


IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS
(Criminal Jurisdiction.)


ISLAND


AND LEEWARD ISLANDS.


R. V.


Recognizance of Bail of Appellant.


Court of
was convicted of


on
19 (and was thereupon


In the


day of


1i63






Windward Islands & Leeward Islands Court of Appeal.


sentenced to ), and now is in lawful custody in
at and has duly appealed against his conviction and sentence
to the Appeal Court, and has applied to the said Court for bail pending the
determination of his appeal, and the said Court hath granted him bail on entering
into his own recognizance in the sum of $ (and with
surety/ies each in the sum of $ each).

Now BE IT REMEMBERED THAT We the undersigned,
of of
and of
severally acknowledge ourselves to owe to Our Sovereign Lady the Queen the
several sums following, namely, the said
as principal, the sum of and the said
and as sureties, the sum of
each, to be levied on our several movable and immovable property respectively,
if the said fails in the condition hereon endorsed.

Principal.

Surety.

Surety.

Taken before me this day of 19


Registrar.



Condition Endorsed.

The condition of the within-written recognizance is that if the within bounded
shall personally appear and surrender himself at and
before the said Court of Appeal at each and every hearing of his appeal to such
Court and at the final determination thereof do then and there abide by the judg-
ment of the said Court and not depart or be absent from such Court at any such
hearing without the leave of the said Court, and in the meantime do not depart
out of the Colony of then this recognizance shall be void,
but otherwise shall remain in full force and effect.

N.B.-The following to be filled up by the appellant and signed by him:-
When released on bail my residence, to which any notices, etc., are to be addressed,
will be as follows :-
(Sd.)


Appellant.


11664







Windward Islands & Leeward Islands Court of Appeal.


FORM IX.

IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)


R. V.


Warrant for Arrest of Appellant on Bail.


In the


Court of


To THE CONSTABLES OF THE POLICE FORCE (or Court Messengers or as the
case may be), and to the (a) of Her Majesty's Prison
at

WHEREAS an appellant in the Court, has been
released on bail, and it has now been ordered by the said Court that a warrant
be issued for the apprehension of the said



These are therefore to command you the said forthwith
to apprehend the said and to bring him to the
(a) of the said prison and there deliver him with his warrant into the custody of
the said and you the said
are hereby required to receive the said into your custody
in the said prison and there safely to keep him until further order of the said Court.



(Signed.)


Presiding Judge.


Dated this


ISLAND


1665


day of


19







1666


Windward Islands & Leeward Islands Court of Appeal.


FORM X.

IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)

ISLAND R. V.

Recognizance of Appellant sentenced to payment of a fine.



In the Court of

To WIT. BE IT REMEMBERED that whereas
of was on the day of
19 convicted of and was thereupon sentenced to pay
the sum of $ as a fine for his said offence by the
and has intimated to the said Court that he desires to appeal against his said con-
viction on a question of law alone (or upon a certificate of the Judge of the said
Court that his is a fit case for appeal). AND WHEREAS the said Court considers that
the said appellant may in lieu of payment at and upon his said conviction of the
said sum be ordered to enter into recognizance of bail himself in the sum of
$ and with sureties, each in the sum of $ to
prosecute his said appeal before the Court.
The said doth hereby acknowledge himself to
owe to Our Lady the QUEEN the said sum of $ of goods and lawful
money, to be made and levied of his goods and chattels, lands and tenements, to
the use of Our said Lady the QUEEN, her heirs and successors, if he the said
fail in the condition endorsed.
Taken and acknowledged this day of 19
at the said Court, at and before the Judge of the said Court.

(Signed.)


Condition.
The condition of the within-written recognizance is such that if the said
shall personally appear and be present at and before
the Court at each and every hearing of his appeal to such Court, and at the final
determination thereof, and then and there prosecute his said appeal and abide by
the judgment of the said Court, and not depart or be absent from such Court at
any such hearing without leave of the said Court and pay the said sum of $
or such sum as the said Court may order to the Registrar thereof, then this
recognizance shall be void, otherwise of full force and effect.







Windward Islands & Leeward Islands Court of Appeal.


FORM XI.

IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)

ISLAND R. V.

Recognizance of Sureties for Appellant sentenced to a fine.




In the Court of

To Wrr. BE IT REMEMBERED that on the day of
19 of (a) and of
(a) personally came before the (b)
and severally acknowledged themselves to owe to Our Lady the QUEEN the several
sums following, that is to say, the said the sum of $
of good and lawful money, to be made and levied of their goods and chattels, lands
and tenements, respectively, to the use of Our said Lady the QUEEN, her heirs
and successors, if now before the said Court fail in
the condition hereon endorsed.

Taken and acknowledged before the said Court on the day
and year first above mentioned.

(Signed.)


Condition.

The condition of the within-written recognizance is such that whereas the
said having been convicted of
and having been sentenced to pay a fine of $ for his said offence and
having now intimated his desire to appeal on a question of law alone (or with the
certificate of the Judge of this Court) to the Court against the said conviction, and
having in lieu of payment at and upon his said conviction of the said sum of
$ been ordered to enter into recognizance of bail himself in the sum
of $ and with sureties in the sum of $ if the said
shall personally appear and be present at and before the Court at each and every
hearing of his appeal to such Court and at the final determination thereof, and then
and there prosecute his said appeal and abide by the judgment of the said Court,
and not depart or be absent from such Court at any such hearing without the leave
of the said Court, then this recognizance shall be void, otherwise of full force and
effect.


1667







1668 Windward Islands & Leeward Islands Court of Appeal.


FORM XII.
IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)
ISLAND R. V.
Notice of Breach of his Recognizances to Appellant Sentenced to Fine.

In the Court of
To the above named Appellant.
WHEREAS you were convicted on the day of
19 of the offence of and were sentenced to the payment
of $ and in default of such payment of imprisonment, and entered
into recognizances in the sum of $ with sureties in the sum of $
each, to prosecute your appeal, and whereas ten days have elapsed since your said
conviction, and no notice of appeal has been served by you. Now I HEREBY GIVE
you notice that- unless you attend at the sitting of the Court to be holden on
day, the day of 19
and then show good cause to the contrary, the Court may order an estreat of your
recognizances and those of your sureties, or may otherwise deal with you according
to law.
(Signed.)
Registrar of the Court.



FORM XIII.
IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)
ISLAND R. V.
Notice to Surety for Appellant of Estreat of Recognizances.

In the Court of
To
of
WHEREAS yOU the abovenamed, became duly bound in recognizances as surety,
for that the said having been convicted of
and for his said offence fined the sum of $ should
duly prosecute an appeal in relation to his said conviction before the Court, and
whereas the said has not so prosecuted his appeal, now I
hereby give you notice that at the sitting of the Court on
next your recognizances may be ordered to be estreated, unless you then show good
cause to the contrary.
(Signed.)
Registrar of the Court.







Windward Islands & Leeward Islands Court of Appeal. 1669


FORM XIV.
IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)
ISLAND R. V.
Caption for Deposition of Witness Examined before Examiner.

In the Court of
The deposition (on oath) taken before me the undersigned being an examiner
duly appointed by the Court in that behalf, of of
and of witnesses, examined before me
under an order of the said Court dated day of
19 in the presence of the said appellant (or of his pro-
fessional representative) and the respondent at on the
day of 19 which said appellant (or his professional represen-
tative) and respondent had full opportunity of asking questions of the said witnesses,
to whom the depositions following were read by me before being signed by them
the said witnesses respectively.
The deposition of of who (upon
oath duly administered by me) said as follows :-
(Here follows deposition.)
Witness.
(Signed.)
Examiner.
Taken before me this day of 19



FORM XV.
IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)
ISLAND R. V.
Order to Witness to Attend Court for Examination.

In the Court of
To
WHEREAS on good cause shown to the Court you have been ordered to attend
nd be examined as a witness before such Court upon the appeal of the abovenamed.
This is to give you notice to attend before the said Court on the
day of 19 at o'clock in the
noon. You are also required to have with you at the said time and place
ny books, papers or other things relating to the said appeal which you may have
ad notice so to produce.
Registrar.


Dated this


day of







1670 Windward Islands & Leeward Islands Court of Appeal.


FORM XVI.
IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)
ISLAND R. V.
Appellant's application for further Witnesses.

In the Court of
I, having appealed to the Court, hereby request you to
take notice that I desire that the said Court shall order the witnesses herein specified
to attend the Court and be examined on my behalf.
(Signed.)
(or mark.)
Appellant.
Signature and address of witness attesting mark.
Dated this day of 19
You are required to fill up the following form and sign the same.
1. Name and address of witness.
2. Whether such witness has been examined at trial.
3. If not, state the reason why he was not so examined.
4. On what matters do you wish him to be examined on the appeal? State shortly
the evidence you think he can give.



FORM XVII.
IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)
ISLAND R. V.
Notice to Witness to attend before an Examiner.

In the Court of
To of
WHEREAS on good cause shown to the Court you have been ordered to be
examined as a witness upon the appeal of the abovenamed, and your deposition to
be taken for the use of the said Court.
This is to give you notice to attend at (a)
on the day of 19 before (b)
at o'clock in the noon.
You are also required to have with you at the said time and place any books,
papers or other things under your control or in your possession in any manner
relating to the said appeal of which you have had notice so to produce.
Registrar.
Dated the day of 19






Windward Islands & Leeward Islands Court of Appeal.


FORM XVIII.
IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)
ISLAND R. V.
Notification to Appellant of the result of his Appeal.

In the Court of
To THE ABOVENAMED APPELLANT.
This is to give you notice that the Court having considered the matter of your
appeal have finally determined the same and have this day given judgment to the
effect following (here shortly state the judgment of the Court, e.g., that your appeal
be dismissed or that the sentence against which you appeal be altered from
to as
the case may be).
(Signed.)
Registrar of the Court.
Dated this day of 19



FORM XIX.
IN THE COURT OF APPEAL OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.
(Criminal Jurisdiction.)
ISLAND R. V.
Notification to Appellant of result of Application.

In the Court of
To THE ABOVEMENTIONED APPELLANT.
This is to give you notice that the Court have considered the matter of your
application for-
(a) leave to appeal to the said Court;
(b) leave to extend the time within which you may give notice of appeal
or of application for leave to appeal;
(c) permission to be present during the proceedings in your appeal;
and have finally determined the same and have this day given judgment to the
effect following (here set out decision of Court, e.g., that you have
days from the day of within which you
may give notice of appeal, or that you may be admitted to bail in your own
recognizances in the sum of $ with two sufficient sureties in the
sum of $ each, or as the case may be).
Registrar of the Court.
Datrd this dav of 19


1671


/ -























REGULATIONS MADE UNDER THE LEEWARD ISLANDS (MISCEL-
LANEOUS PROVISIONS) ORDER IN COUNCIL 1956 (S.I. 1956
NO. 833) (IMPERIAL).






ADAPTATION OF LAWS REGULATIONS.

ADAPTATION OF LAWS (NO. 2) REGULATIONS.

PENSIONS LAWS (ADAPTATION) REGULATIONS.






Adaptation of Laws.


S.R.O. 22/1956.
S.R.O. 34/1956.

THE ADAPTATION OF LAWS REGULATIONS, 1956, DATED 9th
JUNE, 1956, MADE BY THE GOVERNOR UNDER SECTION 5 OF
THE LEEWARD ISLANDS (MISCELLANEOUS PROVISIONS)
ORDER IN COUNCIL, 1956 (IMPERIAL) (1956 NO. 833.).

(1st July, 1956.)




1. SHORT TITLE. These Regulations may be cited as the Adaptation
of Laws Regulations.

2. INTERPRETATION. In these Regulations-
"Acts" means Acts of the Legislature of the Leeward Islands;
"the appointed day" means the first day of July, 1956;
"law" means any Order of Her Majesty in Council, any Act of the Legis-
lature of the Leeward Islands, any Act or Ordinance of any Presidency
constituting part of the Leeward Islands, any Regulation, any Proc-
lamation approved by Order of Her Majesty in Council, or any other
enactment or instrument having the force of law in the Leeward
Islands;
"Schedule" means Schedule to these Regulations.

3. APPLICATION AND MODIFICATION OF ACTS. (1) The Acts mentioned in
the first and second columns of the First Schedule being laws to which section 5
of the Leeward Islands (Miscellaneous Provisions) Order in Council, 1956, applies,
but not being laws to which subsection (1) of section 2 of the Leeward Islands
Act, 1956, (4 and 5 Eliz. 2. c. 23) applies, in force in the Presidency of Antigua
immediately before the appointed day shall, subject to the provisions of para-
graph (2) remain valid as respects that Presidency after the beginning of the
appointed day, notwithstanding the constitution of the said Presidency as a
separate Colony.
(2) The said Acts shall as regards Antigua have effect therein after the
beginning of the appointed day subject to the amendments* specified in the
fourth column of the First Schedule to the sections and schedules of the said Acts
specified in the third column of that Schedule.


1675







Adaptation of Laws.


4. MODIFICATION OF CONSTITUTION AND ELECTIONS ORDINANCE. The
Constitution and Elections Ordinance (Cap. 171), being a law to which sub-
section (1) of section 2 of the Leeward Islands Act, 1956 (4 & 5 Eliz. 2.c.23)
applies shall be modified to the extent specified in the Second Schedulet in view
of the constitution of the Presidency of Antigua as a separate Colony.





FIRST SCHEDULE.

AMENDMENT OF ACTS.

PART I.


Cap. Short Title
1 Bankruptcy Act
4 Contempt of Court Act
5 Courts of Justice Fees Act
7 Debtors Act
10 Judgments Act
13 Mercantile Law Amendment Act
17 Public Authorities Protection Act
20 Registration and Records Act
21 Summary Jurisdiction Act
23 Unrepresented Estates Act
24 Warrants of Attorney Act
25 The (Colonial) West Indian
Court of Appeal Act
26 Wills Act
27 Accessories and Abettors Act
28 Coinage Offences Act
29 Convicts' Licences Act
30 Criminal Law Amendment Act
31 Criminal Procedure Act
33 Forfeited Recognisances Act
34 Forfeiture Act
36 Indictments Act
38 Larceny Act
39 Malicious Damage Act
40 Abolition of Minimum Punishment Act


Section


Amendment

NOTE: The
amendments
originally
contained in
this column
have not
been
included
here as they
are already
incorporated
in the
relevant Acts


* See Note in fourth column of First Schedule.
t See note in Second Schedule.


~-~------ --~--


1676






Adaptation of Laws.


Cap. Short Title Section Amendment

41 Offences against the Person Act
42 Perjury Act
43 Post Office Offences Act
46 Rewards for the Apprehension of
Criminals Act
47 Riot Act
48 Training Schools Act
50 Banker's Books (Evidence) Act
51 By-laws (Evidence) Act
52 Evidence Act
53 Executive Councils (Evidence) Act
54 Gazette (Evidence) Act
56 Jury Act
58 Exportation of Arms and Warlike
Stores Act
61 Magistrate's Code of Procedure Act
64 Obeah Act
65 Prevention of Crimes Act
67 Small Charges Act
68 Small Tenements Act
69 Small Trespass Act
72 Commissioners for Oaths Act
75 Alien Bankers Act
76 Aliens Land Holding Regulation Act
79 Undesirable Persons Expulsion Act
83 Local Constables Act
88 Emigrant Labourers Protection Act
90 Guardianship of Infants Act
93 Law of Property Amendment Act
94 Partition Act
97 Recovery of Rent Act
98 Settled Estates Act
99 Title by Registration Act
102 Acts and Ordinances Act
104 Marriage of British Subjects (Facili-
ties) Act
108 Married Women's Property Act
110 Lepers Act
111 Lunatics Act
116 Commissions of Inquiry Act
118 Distressed Colonial Seamen Act
121 Public Notices Act
122 Silver Dollars Act
123 Post Office Act
124 Telephones Act
135 Stamp Act


1677






Adaptation of Laws.


Cap. Short Title
137 Bills of Exchange Act
139 Bills of Sale Act
140 Companies Act
141 Copyright Act
144 Merchandise Marks Act
145 Notaries Public Act
147 Patents Act
148 Registration of United Kingdom
Patents Act
149 Pawnbrokers Act
150 Trade Marks Act
151 Trustee Act
152 Trustee Relief Act
153 Trustee and Mortgagee Act
154 Weights and Measures Act
155 Receivers of Wreck Act


No. and
Year
8/1928
9/1929
10/1929
12/1929

4/1930

11/1930
6/1931

2/1932

5/1932

9/1932

11/1932

13/1932

18/1932

20/1932


PART II.


Short Title
Friendly Societies Act, 1928
Legitimacy Act, 1929
Emigrants Protection Act, 1929
Overseas Nurses' Pensions Act,
1927, Amendment Act, 1929
Summary Jurisdiction Act, Amend-
ment Act, 1930
Stamp Act Amendment Act, 1930
Emigrants Protection Act, 1929,
Amendment Act, 1931
Companies (Amendment) Act,
1932
Unrepresented Estates (Amend-
ment) Act, 1932
Registration and Records
(Amendment) Act, 1932
Courts of Justice Fees (Amend-
ment) Act, 1932
Receivers of Wrecks (Amend-
ment) Act, 1932
Distressed Colonial Seamen
(Amendment) Act, 1932
Foreign Merchant Shipping
(Agreements) Act, 1932


Section


Amendment


Section


Amendment


11678






Adaptation of Laws.


1679


No. and
Year Short Title Section Amendment
21/1932 Title by Registration (Amend-
ment) Act, 1932
25/1932 Summary Jurisdiction (Amend-
ment) Act, 1932
26/1932 Magistrate's Code of Procedure
(Amendment) Act, 1932
2/1934 Arbitration (Foreign Awards)
(Amendment) Act, 1934
10/1935 Protection of Animals Act, 1935
8/1936 Pilgrim Holiness Church Act, 1936
11/1937 Workmen's Compensation Act,
1937
14/1937 Criminal Procedure Act, 1937
16/1937 Police Officers (Change of Titles)
Act, 1937
23/1937 Dangerous Drugs Act, 1937
27/1937 Lepers (Amendment) Act, 1937
31/1937 Medical Act, 1937
32/1937 Stamp (Amendment) Act, 1937
5/1938 Employment of Women, Young
Persons and Children Act,
1938
11/1938 Sedition and Undesirable Pub-
lications Act, 1938
12/1938 Agricultural Small Holdings Act,
1938
11/1939 Statute Law Revision Act, 1939
15/1939 Land Settlement Act, 1939
16/1939 Trades Unions Act, 1939
17/1939 Trade Disputes (Arbitration and
Inquiry) Act, 1939
20/1939 Supreme Court Act, 1939
4/1941 Recruiting of Workers Act, 1941
13/1941 Registration and Records
(Amendment) Act, 1941
7/1942 Magistrate's Code of Procedure
(Amendment) Act, 1942
5/1943 Summary Jurisdiction (Amend-
ment Act, 1943
6/1943 Leeward Islands Battalion Act,
1943
2/1944 Lepers (Amendment) Act, 1944
5/1944 Labour (Minimum Wage) Act,
1944
11/1944 Land Acquisition Act, 1944







Adaptation of Laws.


No. and
Year Short Title Section Amendment
18/1944 Adoption of Children Act, 1944
21/1944 Title by Registration (Amend-
ment) Act, 1944
24/1944 Larceny Act, 1944
25/1944 Quarantine Act, 1944
4/1945 Intestates Estates Act, 1945
7/1945 Immigration and Passport Act,
1945
11/1945 Criminal Procedure (Amend-
ment) Act, 1945
2/1946 Magistrate's Code of Procedure
(Amendment) Act, 1946
3/1946 Unrepresented Estates (Amend-
ment) Act, 1946
4/1946 Registration of United Kingdom
Trade Marks Act, 1946
1/1947 Small Charges (Amendment) Act,
1947
1/1948 Matrimonial Causes Act, 1948
5/1948 Juvenile Courts Act, 1948
8/1948 Small Charges (Amendment) Act,
1948
9/1948 Diplomatic Privileges (Extension)
Act, 1948
14/1948 Magistrate's Code of Procedure
(Amendment) Act, 1948
9/1949 Guardianship of Infants Act,
1949
10/1949 Juvenile Act, 1949
11/1949 Coroners Act, 1949
12/1949 Sale of Goods Act, 1949
13/1949 Telecommunications Act, 1949
17/1949 Trade Unions (Amendment) Act,
1949
4/1950 Currency Act, 1950
7/1950 Prison (Extramural Sentences)
Act, 1950
8/1950 Consular Conventions Act, 1950
9/1950 Antibiotics and Therapeutic Sub-
stances Act, 1950
10/1950 Quarantine (Amendment) Act,
1950
11/1950 Magistrate's Code of Procedure
(Amendment) Act, 1950
6/1951 Post Office Offences Act, 1951


1.680






Adaptation of Laws.


1681


No. and
Year Short Title Section Amendment
7/1951 Coroners (Amendment) Act, 1951
12/1951 Police Act, 1951
3/1953 Land Acquisition (Amendment)
Act, 1953
5/1953 Police (Amendment) Act, 1953
13/1953 Immigration and Passport
(Amendment) Act, 1953
22/1953 Acts and Ordinances (Amend-
ment) Act, 1953
6/1954 Praedial Larceny (Prevention)
Act, 1954
13/1954 Magistrate's Code of Procedure
(Amendment) Act, 1954
14/1954 Forgery Act, 1954
17/1954 Dangerous Drugs (Amendment)
Act, 1954
18/1954 Telecommunications (Amend-
ment) Act, 1954
19/1954 Public Holidays Act, 1954
20/1954 Small Tenements (Amendment)
Act, 1954
5/1955 Crown Suits (Repeal) Act, 1955
6/1955 Evidence (Amendment) Act, 1955
12/1955 Interpretation and General
Clauses Act, 1955
13/1955 Police (Amendment) Act, 1955
17/1955 Local Constables (Amendment)
Act, 1955
18/1955 Magistrate's Code of Procedure
(Amendment) Act, 1955
4/1956 Overseas Nurses' Pensions Act,
1956




SECOND SCHEDULE.

MODIFICATION OF THE CONSTITUTION AND ELECTIONS ORDINANCE, CAP. 171.



Note-The amendments to the above-named Ordinance have not been included
here as they are already incorporated in the Ordinance.






Adaptation of Laws (No. 2).


S.R.O. 27/1956.

THE ADAPTATION OF LAWS (NO. 2) REGULATIONS, 1956, DATED
JUNE 26, 1956, MADE BY THE GOVERNOR UNDER SECTION
5 OF THE LEEWARD ISLANDS (MISCELLANEOUS PROVISIONS)
ORDER IN COUNCIL, 1956 (IMPERIAL) (S.I. 1956 NO. 833).

(1st July, 1956.)





1. SHORT TITLE. These Regulations may be cited as the Adaptation of
Laws (No. 2) Regulations.

2. INTERPRETATION. In these Regulations-
"the Act" means the Leeward Islands Act, 1956 (Imperial, 4 & 5 Eliz. 2
Ch.23);
"the appointed day" means the first day of July, 1956;
"the Order" means the Leeward Islands (Miscellaneous Provisions) Order
in Council, 1956 (Imperial S.I. 1956 No. 833);
"subsidiary legislation" means any regulation, rule, by-law, proclamation,
order in council, order, direction, notice, form or other instrument
made before the appointed day by virtue of any Act of the Legislature
of Antigua.

3. CONTINUATION AND ADAPTATION OF ORDINANCES AND SUBSIDIARY
LEGISLATION. (1) All Ordinances of the Legislature of Antigua (except the
Constitution and Elections Ordinance, Cap. 171) that are in force immediately
before the appointed day shall remain valid after the beginning of the appointed
day notwithstanding the constitution of Antigua as a separate Colony.
(2) An Ordinance that has effect in Antigua after the beginning of the
appointed day by virtue of subsection (1) of this section, and all subsidiary
legislation which is in force in Antigua after the beginning of the appointed day
shall be construed with such adaptations and modifications (if any) as are
necessary to bring them into conformity with the provisions of the Act and the
Order.


1682






Pensions Laws (Adaptation).


S.R.O. (L.I.) 23/1956.

THE PENSIONS LAWS (ADAPTATION) REGULATIONS, 1956, DATED
JUNE 11, 1956, MADE BY THE GOVERNOR IN EXERCISE OF
THE POWER CONFERRED ON HIM BY SUBSECTION (1) OF
SECTION 5 OF THE LEEWARD ISLANDS (MISCELLANEOUS
PROVISIONS) ORDER IN COUNCIL, 1956 (IMPERIAL) (1956, No.
833).
(1st July, 1956.)



1. SHORT TITLE AND CONSTRUCTION. (1) These Regulations may be cited
as the Pensions Laws (Adaptation) Regulations.

(2) (a) These Regulations shall be read and construed as one with the
Leeward Islands (Miscellaneous Provisions) Order in Council 1956.
(b) In these Regulations-
"pensions law" means a law relating to pensions, gratuities or other like
benefits that may be granted to a person or to the dependants of any
person in respect of the service of that person under the Government
of the Colony or the Government of the Colony of the Leeward
Islands; and
dependantss", in relation to any person, includes the personal representa-
tives of that person.

2. CONTINUATION IN FORCE OF PENSIONS LAWS. There shall remain valid
as respects Antigua after the beginning of the appointed day notwithstanding its
constitution as a separate Colony-
(a) the laws referred to in the first column of the Schedule to these
Regulations; and
(b) such other pensions laws (if any) as are in force in Antigua
immediately before the beginning of the appointed day.

3. ADAPTATION AND MODIFICATION OF PENSIONS LAWS. A law that has
effect in Antigua after the beginning of the appointed day by virtue of Regula-
tion 2 shall, in its application to that Colony, be construed with such adaptations
and modifications as are necessary to bring it into conformity with the provisions


1683







Pensions Laws (Adaptation).


of the Leeward Islands Act, 1956, and the Leeward Islands (Miscellaneous
Provisions) Order in Council, 1956; and in particular references in any such law
to "the Colony" shall, unless the context otherwise requires, be construed as
references to the Colony of Antigua, and the laws referred to in the first column
of the Schedule to these Regulations shall, in their application to that Colony of
Antigua, be construed with the adaptations and modifications prescribed for that
Colony in the second column of the Schedule.t

4. PAYMENT OF CERTAIN PENSIONS. Where any law has effect in
Antigua after the beginning of the appointed day by virtue of Regulation 2, any
sum which, if the Colony of the Leeward Islands had not been dissolved and the
law had not been adapted and modified by Regulation 3, would, on or after the
appointed day, have been payable under the law to any person or his de-
pendants out of the revenues of that Colony, shall, notwithstanding anything
contained in Regulation 3, be paid to that person or those dependants out of the
revenues of the Colony.

tNoTE.-The adaptations and modifications originally prescribed for Antigua in the
second column of the Schedule have not been included in these Regulations as they
are already incorporated in the Acts and Regulations mentioned in the first column
of the Schedule.



SCHEDULE.

Pensions Act (Cap. 210) Section
2 (1)
2 (2)
2(4)
4(1)
4 (2)

*Pensions Regulations (Cap. 210) Regulation
24 (5)
27
28 (2)
First Schedule to the Regulations.

Pensions Increase Act 2 (1)
(Cap. 212)
Pensions Increase Act 2 (1)
(Cap. 213) 4 (1)

*For these Regulations see the First Schedule to the Pensions Act, Cap. 210.


1684




















AIR NAVIGATION REGULATIONS ETC. MADE UNDER THE
AUTHORITY OF IMPERIAL ACTS AND IMPERIAL ORDERS IN
COUNCIL.





PAGE
AIR NAVIGATION (Designation of Aerodrome) ORDER ... ... ... 1687
AIR NAVIGATION (General) REGULATIONS ... ... ... ... 1688
AIR NAVIGATION (Licensing of Air Services) REGULATIONS ... ... 1802
Arm NAVIGATION (Radio) REGULATIONS ... ... ... ... ... 1828
CIVIL AVIATION (Application of Enactments) REGULATIONS ... ... 1854
CIVIL AVIATION (Investigation of Accidents) REGULATIONS ... ... 1855
COLONIAL AIR NAVIGATION (Use of Government Aerodrome) NOTIFI-
cATION ... ... ... ... ... ... ... ... 1864
COLONIAL FOREIGN STATE AIRCRAFT (Search and Rescue) AUTHOwRZATION 1866







Air Navigation (Designation of Aerodrome).


S.R.O. (L.I.) 25/1951.


THE AIR NAVIGATION (DESIGNATION OF AERODROME( ORDER,
1951, DATED OCTOBER 12, 1951, MADE IN PURSUANCE OF
ARTICLE 55 OF THE COLONIAL AIR NAVIGATION ORDER,
1949 (1949 No. 2000) IMPERIAL.



1. SHORT TITLE. This Order may be cited as the Air Navigation (Desig-
nation of Aerodrome) Order.

2. DESIGNATION OF AERODROME. The Government Aerodrome known
as Coolidge Airfield in the Island of Antigua is hereby designated to be a place
of landing or departure of aircraft for the purpose of the enactments relating to
customs.


1687







Air Navigation (General).


S.R.O. 38/1960.

THE AIR NAVIGATION (GENERAL) REGULATIONS, 1960, DATED
NOVEMBER 4, 1960, MADE BY THE ADMINISTRATOR IN
EXERCISE OF THE POWERS CONFERRED UPON HIM BY THE
COLONIAL AIR NAVIGATION ORDER, 1955, AS AMENDED (S.I.
1955 No. 711) (IMPERIAL).




ARRANGEMENT OF REGULATIONS.
Part Regulations

I General ... ... ... ... ... .. ... 1 to 3
II Registration and airworthiness of aircraft ... ... 4 to 17
III Instruments, equipment and safety devices in aircraft ... 18 to 29
IV Maintenance and safety precautions for public transport
aircraft ... ... ... ... ... ... 30 to 41
V Training, &c., of personnel for public transport aircraft 42 to 44
VI Overhaul, &c., of aircraft and licensing of aircraft main-
tenance engineers ... ... ... ... ... 45 to 58
VII Carriage of personnel ... ... ... ... ... 59 to 65
VIII Student pilot's licence ... ... ... ... ... 66 to 69
IX Practice flights ... ... ... .. ... ... 70 to 72
X Licensing of members of operating crew ... ... 73 to 208
XI Towing ... ... ... ...... ... ... 209 to 212
XII Flying instructions ... ...... ... ... 213 to 219
XIII Captive balloons, kites and moored airships ... ... 220 to 224
XIV Aerodromes ... ... ... .. ... ... 225 to 227


1688






Air Navigation (General).


1689


PART I.
GENERAL.
1. SHORT TITLE. These Regulations may be cited as the Air Navigation
(General) Regulations.

2. INTERPRETATION. (1) In these regulations-
"Administrator" means the officer for the time being administering the
Government of the Colony, and includes, in relation to any purpose of
these regulations, any person authorised by the Administrator for that
purpose, and references to a person authorised by the Administrator
include references to the holder for the time being of any office
designated by the Administrator ;
"aeroplane" means a flying machine supported in flight by fixed wings;
"alternate aerodrome" means an aerodrome selected prior to take-off to
which a flight may proceed when a landing at the intended destination
becomes inadvisable;
"approved" means approved by the Administrator;
"night" means the hours of darkness between sunset and sunrise, or such
other period between sunset and sunrise as may be prescribed by the
appropriate authority:
Provided that it shall be deemed to be night when, between the
hours of sunset and sunrise, any unlighted aircraft or other unlighted
prominent object cannot clearly be seen at a distance of at least 5,000
yards;
"private aircraft" means any aircraft other than a public transport or aerial
work aircraft, and any reference to a private aircraft of any class shall
be construed accordingly;
"regulation" means a regulation of these regulations;
"second pilot" means a pilot duly licensed under the provisions of the
Order and performing piloting duties under the direction of the pilot
in charge of the aircraft;
"the Order" means the Colonial Air Navigation Order, 1955, (S.I. 1955
No. 711) (Imperial) as amended from time to time.
(2) The Interpretation and General Clauses Act applies for the purposes of
the interpretation of these regulations as it applies for the purpose of the
interpretation of an Ordinance.

3. Subject and without prejudice to the provisions of regulation 2, expres-
sions used in these regulations shall, unless the contrary intention otherwise
requires, have the same respective meanings as in the Order.







1690


Air Navigation (General).


PART II.

REGISTRATION AND AIRWORTHINESS OF AIRCRAFT.

4. With reference to Article 3 of the Order, application for the registra-
tion of an aircraft in the Colony should be made to the Administrator, on a form
which will be supplied by him on request.

5. The register of aircraft registered in the Colony shall be kept so as to
show in relation to each aircraft registered in that register, in addition to the
registered owner, the following particulars:-
(a) the number of the certificate of registration;
(b) the nationality and registration marks;
(c) the make of the aircraft;
(d) the serial number of the aircraft;
(e) the address of the registered owner;
(f) the date on which the entry was made in the register.

6. With reference to Article 12 (8) of the Order, application for the issue
or renewal of a certificate of airworthiness or for the validation or renewal of a
validation of such a certificate shall be made to the Administrator on the
appropriate form which will be supplied by him on request.

7. In the following provisions of this Part, unless the context otherwise
requires, reference to an aircraft shall be construed as including its engines,
components, accessories, instruments, equipment and apparatus, and their
installations.


Classification of aircraft.
8. With reference to Article 12 (7) of the Order, on the issue of a
certificate of airworthiness or a validation of such a certificate the aircraft to
which the certificate or validation relates will be classified in accordance with the
scheme of classification specified in regulation 9, and the certificate or validation,
as the case may be, will be endorsed accordingly.

9. (1) Every flying machine or glider will be classified as belonging to one
or more of the following categories and to one or more of the following sub-
divisions:-
(i) Normal Category-
Sub-division (a); public transport for passengers.
Sub-division (b); public transport for mails.
Sub-division (c); public transport for goods.






Air Navigation (General).


Sub-division (d); private.
Sub-division (e); aerial work.
Sub-division (h); demonstration.
Sub-division (i); crew familiarisation.
(ii) Semi-Aerobatic Category-
Sub-divisions (a) to (e) and (h) and (i) as in the Normal
Category.
(iii) Aerobatic Category-
Sub-division (a) to (e) and (h) and (i) as in the Normal
Category.
(iv) Special Category-
Sub-division (f); racing or record.
Sub-division (g); research or experimental.
Sub-divisions (h); and (i) as in the Normal Category.
(2) Every airship or balloon will be similarly classified as belonging to one
or more of the foregoing categories and to one or more of the foregoing sub-
divisions in so far as such categories and sub-divisions are appropriate to an
airship or a balloon.
(3) (a) The categories and sub-divisions proposed for an aircraft should be
stated on the form of application for the issue of a certificate of airworthi-
ness or a validation. Where it is desired to have the aircraft classified in sub-
division (e), (f), (g), (h) or (i) the application should also indicate the
particular purposes for which it is proposed to use the aircraft.
(b) An application for the re-classification of an aircraft should be
made in writing and forwarded to the Administrator. The aircraft may be
re-classified if the aircraft conforms to the requirements applicable to the
proposed re-classification.

Restrictions on use of aircraft according to classification.

10. An aircraft registered in the Colony and being flown in accordance
with a certificate of airworthiness or a validation of such a certificate issued
under the Order may be used only in such manner and for such purposes as may
be specified in that certificate of airworthiness or validation in accordance with
the category and sub-divisions thereof in which the aircraft is classified.

Special provisions as to experimental or test flights, etc.
11. With reference to Article 2 and paragraph (2) (b) of Article 11 of the
Order which relate respectively to the flying within the Colony of unregistered
aircraft and to the flying within the Colony of aircraft without a certificate of
airworthiness being in force in respect thereof, the prescribed conditions are as
set out hereunder:-


1691







Air Navigation (General).


(a) the flight shall not contravene any of the provisions of the Order;
and
(b) either the "A Conditions" or the "B Conditions" specified below
shall be complied with.
(Alternatively, a flight may be carried out in accordance with such condi-
tions or limitations as may be specified in a special permission in writing given by
the Administrator for the purpose.)
A Conditions.
(i) An application for the issue or renewal of a certificate of air-
worthiness in respect of the aircraft or of a validation of such a
certificate or an application for the approval of modifications
under regulation 46, shall have been made prior to the flight.
(ii) The aircraft shall be either a series aircraft or an aircraft in
respect of which a certificate of airworthiness or a validation of
such- a certificate has already been issued under the provisions of
the Order.
(iii) The flight shall be carried out only for the purpose of either
qualifying for the issue or renewal of a certificate of airworthiness
or a validation of such a certificate or obtaining the approval of
modifications.
(iv) The aircraft shall not fly over any town or populous area, over
any assembly of persons in the open air, or over any aerodrome
where at the time conditions are such as to make the flying of the
aircraft dangerous.
(v) The flight shall not have been forbidden by the Administrator.
B Conditions.
(i) The flight shall be carried out under the control of a person or
firm approved in writing for the purpose of these B Conditions
and subject to any conditions or limitations attached to such
approval.
(ii) The flight shall be carried out only for the purpose of qualifying
for the issue or renewal of a certificate of airworthiness or of a
validation of such a certificate, or for the purpose of obtaining the
approval of modifications under regulation 46, or for the purpose
of or in connection with any other experiment or test.
(iii) The aircraft shall, if unregistered, be marked in a manner ap-
proved for the purpose of these B Conditions.
(iv) The aircraft shall not fly over any town or populous area, over
any assembly of persons in the open air, or over any aerodrome
where at the time conditions are such as to make the flying of the
aircraft dangerous.


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Air Navigation (General).


12. With reference to Article 14 and Article 43 of the Order the follow-
ing provisions shall apply to every flying machine or glider registered in the
Colony in respect of which a certificate of airworthiness issued or rendered valid
under the Order is or has been in force.

13. The aircraft shall, under arrangements to be made by the operator
thereof, be weighed at such times as the Administrator may require and to his
satisfaction.

14. The aircraft shall carry, exhibited in a prominent position inside it a
weight schedule giving the following information:-
(a) The nationality and registration marks of the aircraft.
(b) The weight of the aircraft empty, which weight shall include-
(i) the weight of the liquid in the system if the aircraft is fitted with
liquid-cooled engines, and
(ii) the weight of all accessories, instruments, equipment and appara-
tus (including radio apparatus) and other parts which in the
opinion of the Administrator should be regarded as fixed and
irremovable.
(c) A list of the accessories, instruments, equipment, and apparatus
(including radio apparatus) and other parts which in the opinion of the
Administrator should be regarded as fixed and irremovable, which have
been included in the weight of the aircraft empty.
(d) A list of the accessories, instruments, equipment and apparatus and
other parts (excluding radio apparatus and radio parts) which in the
opinion of the Administrator should be regarded as not fixed but remov-
able, together with details of their respective weights.
(e) A list of the radio apparatus and radio parts which in the opinion
of the Administrator should be regarded as removable, together with details
of their respective weights.

15. The aircraft shall also bear clearly painted upon the outside in a
prominent position:-
(a) its weight empty (i.e. the weight referred to at (b) in regulation
14); and
(b) the maximum total weight authorised for the aircraft as shown for
the time being in its certificate of airworthiness.

16. Whenever any alteration affecting the particulars or weights entered
in the weight schedule is made, the weight schedule carried in the aircraft in
accordance with regulation 14 shall be amended or replaced by a revised
schedule.


1693






Air Navigation (General).


17. Whenever the aircraft is weighed in accordance with regulation 13,
the fixed accessories, instruments, equipment, apparatus and parts shall be
checked against the particulars entered in the weight schedule referred to in
regulation 14.



PART III.

INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES IN AIRCRAFT.

18. The requirements of this Part are prescribed for the purposes of
paragraphs (2) and (3) of Article 33 of the Order.

19. (1) The instruments and equipment specified in this Part shall be of
approved types and shall be installed or stowed in the aircraft in a manner
approved for the purpose of securing their satisfactory functioning, except that
the following may be of any type suitable for the purpose and may be installed
or carried in any manner which will ensure that they can be used effectively as
and when required-
Maps and charts.
The navigational instruments referred to in paragraph (9) (b) of regulation
23.
The apparatus referred to in paragraph (4) (b) of regulation 23.
Timepieces.
Chart tables.
First aid kits.
Sea anchors droguess).
Torches.
Whistles.
Sound signals.
Equipment for mooring or for anchoring.
Mooring lights.

(2) First aid kits shall contain equipment suitable for rendering first aid in
any accident that may occur and sufficient for the purpose having regard to the
number of persons on board the aircraft and shall include the following items-
Materials: Bandages, triangular bandages, absorbent gauze, adhesive
plaster, white absorbent lint, cotton wool (or wound dressings in place
of these two items) burn dressings, safety pins.
Instruments: Haemostatic bandage or tourniquet, scissors.
Drugs: Antiseptic, analgesic, stimulant.


1694






Air Navigation (General).


20. For the purposes of paragraph (1) of regulation 19, instruments and
equipment shall be deemed to be of an approved type if they are of a type which
has been certified by the Administrator, or by any person authorised for the
purpose by the Administrator, as complying with a particular specification which
is for the time being approved by the Administrator.

21. The instruments and equipment specified in this regulation and in
regulations 22 to 29 shall be carried in an aircraft and the measures so specified
shall be taken in an aircraft in the cases indicated.

ALL FLYING MACHINES.
In flying machines for all flights:
(a) The instruments, equipment and devices required for the issue of a
certificate of airworthiness in respect of the particular aircraft;
(b) maps or charts to cover the whole route of the proposed flight and
any route to which the pilot in charge of the flying machine may reasonably
expect to be diverted. Information to which the pilot in charge may need to
refer in flight in order to comply with the Rules of the Air and Air Traffic
Control in Schedule II to the Order;
(c) first aid kit, except in the case of private flying machines;
(d) spare electrical fuses for all electrical circuits the fuses of which can
be replaced in flight, consisting of 10 per cent. of the number of each
rating, or 3 of each rating, whichever is the greater.

22. The items specified in this regulation and in regulation 23 shall, in so
far as they may not be included in the requirements specified in regulation 21,
also be carried by flying machines in the cases indicated in this regulation or in
regulation 23 whichever may be applicable.
(1) In flying machines for flights by night.
(a) Equipment for displaying the lights described in Section XII of
Schedule II to the Order;
(b) in flying machines not equipped with radio communication ap-
paratus, equipment for making the visual signal specified in Rule 46 (3) in
Schedule II to the Order;
(c) adequate electrical illumination, supplied from the main source of
supply in the flying machine, for the instruments and equipment (including
maps) the carriage of which is prescribed and the illumination of which is
necessary to enable use to be made of them during flight;
(d) turn-and-slip indicator, or a gyroscopic bank and pitch indicator
and a gyroscopic direction indicator.


1695






1696 Air Navigation (General).


(2) In flying machines for flights made under Instrument Flight Rules in
Flight Information Regions above the height notified in accordance with Rule
32 in Schedule II to the Order.
(a) Turn-and-slip indicator, or a gyroscopic bank and pitch indicator
and a gyroscopic direction indicator;
(b) two sensitive altimeters adjustable for changes in barometric
pressure, one of which may be the altimeter required for the issue of the
certificate of airworthiness.

(3) In flying machines for flights made under Instrument Flight Rules in
Flight Information Regions below the height notified in accordance with Rule
32 in Schedule II to the Order or for flights made in accordance with a special
Visual Flight Rule clearance.
(a) Turn-and-slip indicator, or a gyroscopic bank and pitch indicator
and a gyroscopic direction indicator;
(b) a sensitive altimeter adjustable for changes in barometric pressure,
unless the altimeter required for the issue of the certificate of airworthiness
meets this condition.

(4) In flying machines for flights made under Instrument Flight Rules in
Control Zones and Control Areas.
(a) Turn-and-slip indicator;
(b) gyroscopic bank and pitch indicator;
(c) gyroscopic direction indicator;
(d) two sensitive altimeters adjustable for changes in barometric
pressure, one of which may be the altimeter required for the issue of a
certificate of airworthiness;
(e) timepiece with a centre second hand;
(f) means of indicating that the power supply to the gyroscopic instru-
ments is working satisfactorily;
(g) rate of climb and descent indicator;
(h) in flying machines the maximum total weight authorised of which
exceeds 12,500 lb., a means of indicating the outside air temperature ;
(i) in flying machines the maximum total weight authorised of which
exceeds 12,500 lb., two air speed indicators;
(j) approach chart for each aerodrome specified in the flight plan.
(5) In flying machines for flights involving aerobatic manoeuvres.
Safety harness for every seat in use.






Air Navigation (General).


PUBLIC TRANSPORT FLYING MACHINES.
23. (1) For all flights.
(a) (i) Aeroplanes.-Safety harness for every pilot's seat in use or, in
the case of an aeroplane in respect of which an application for
a certificate of airworthiness for the prototype thereof was
made prior to 1st April, 1949, a safety belt or safety harness
for every pilot's seat in use;
(ii) Helicopters.-A safety belt or safety harness for every pilot's
seat in use;
(b) safety belt or safety harness for every passenger's seat and means of
indicating to the passengers when they should be fastened;
(c) sensitive altimeter adjustable for changes in barometric pressure,
unless the altimeter required for the issue of the certificate of airworthiness
meets this condition;
(d) timepiece with a centre second hand;
(e) turn-and-slip indicator, or a gyroscopic bank and pitch indicator
and a gyroscopic direction indicator;
() such other instruments, equipment and supplies as the Administra-
tor may, at his discretion, require to be carried on flights across notified
areas where search and rescue would be especially difficult, or in the
particular circumstances of the case.
(2) For flights by night or under Instrument Flight Rules by public trans-
port fling machines the maximum total weight authorized of which exceeds
2,500 lb.
(a) The equipment specified in paragraph (4) of Regulation 22.
(3) For all flights which involve manoeuvres on the water.
(a) Lifejacket, or equivalent, equipped with a waterproof torch and
whistle for each person on board and stowed in a position easily accessible
from the person's seat:
Provided that lifejackets or their equivalent constructed and carried
solely for use by children under three years of age need not be equipped
with a whistle and shall, if it is impracticable to stow them as aforesaid, be
stowed in the position best calculated to ensure their ready availability for
use in emergency.
(b) notices displayed in each passenger compartment stating where the
lifejackets are situated and instructing passengers how to use them in the
event of their being required;
(c) additional flotation equipment, of not less than 20 per cent. of the
capacity of the equipment required under (a) above, provided in a stowage
accessible from outside the flying machine;
(d) equipment of a marine type for making, from the surface of the


1697







Air Navigation (General).


water, the pyrotechnical signal of distress specified in rule 67 in Schedule II
to the Order;
(e) equipment for mooring or for anchoring appropriate to the maxi-
mum total weight authorized for the flying machine.
(4) For flights which involve manoeuvres on the water by flying machines
the maximum total weight authorized of which exceeds 5,000 lb.
(a) Sea anchor droguee);
(b) apparatus, as necessary to facilitate manoeuvring the aircraft under
its own engine power on the water as appropriate to its weight, size and
handling characteristics, and, where such apparatus is not controlled by the
pilot, a communication system enabling him to instruct the operator thereof
as may be necessary.
(5) For flights over water beyond gliding distance from any coast or shore.
The equipment and notices specified at (a) and (b) respectively in para-
graph (3) of this regulation.
(6) For flights by public transport aeroplanes over water during which at
any time they may be at such a distance from the nearest shore that, while flying
in still air at the speed specified in the certificate of airworthiness, performance
schedule or flight manual relating to each such aeroplane issued or rendered
valid by the Administrator as the speed for compliance with regulations govern-
ing flights over water, they would be unable to reach the nearest shore in the
following times-
(A) In the case of aeroplanes classified in such certificates of airworthi-
ness as aeroplanes of performance group A or C, 90 minutes;
(B) In the case of aeroplanes having no performance group classifica-
tion in such certificates of airworthiness and satisfying condition (1) (c) of
regulation 34, 90 minutes; and
(C) In the case of all other aeroplanes, 30 minutes.
(a) Suitably equipped dinghies of an approved type sufficient to accom-
modate all occupants of the aeroplane. Each dinghy shall carry the follow-
ing equipment-
(i) means for maintaining buoyancy;
(ii) a drogue to reduce drift;
(iii) life lines and means of attaching one raft to another;
(iv) paddles or other means of propulsion;
(v) equipment to protect the occupants from the elements;
(vi) a waterproof torch;
(vii) marine type pyrotechnical distress signals;
(viii) means of making sea water drinkable;
(ix) for each person the dinghy is designed to carry :
8 ounces of glucose toffee tablets;


1698






Air Navigation (General).


4 ounces of sweetened condensed milk in durable containers;
2 pints of fresh water in durable containers.
Provided that in any case in which it is not reasonably
practicable owing to lack of stowage space in the dinghy to carry
the quantities of condensed milk and water above prescribed, an
equal quantity by weight of glucose toffee tablets may be substi-
tuted for the former and as large a quantity of fresh water as is
reasonably practicable in the circumstances may be substituted for
the latter. In no case however shall the quantity of water carried
be less than is sufficient, when added to the amount of fresh water
capable of being produced by means of the equipment specified in
item (viii) of this sub-paragraph, to provide 2 pints of water for
each person the dinghy is designed to carry;
(x) first aid equipment.
(b) The items (i), (ii), (iii), (iv), (v), and (vii) referred to above shall be
of a type approved for operation in the type of dinghy in which they are
installed. The remaining items do not require approval.
(c) Routine maintenance and inspection of dinghies and dinghy equip-
ment shall be carried out to ensure that they are maintained in a serviceable
condition.
(d) The method of stowage of dinghies required by sub-paragraph (a)
above and the method of launching shall be such as to ensure the most
expeditious and efficient use of them in the event of a forced landing of the
aeroplane.
(e) The equipment specified in (vi) to (x) of sub-paragraph (a) shall be
contained in a pack and one such pack shall be stowed with each dinghy so
that it is immediately available when the dinghy is launched.
(/) For every four or proportion of four dinghies, one dinghy radio
transmitter shall be carried in the aeroplane in the position in which it
would be most readily available for use in an emergency. The radio
transmitter shall be of an approved type and the method of stowage in the
aeroplane and subsequent operation in the dinghy shall be approved.
(g) In the case of flights over water by flying machines other than
aeroplanes, such items of equipment shall be carried as the Administrator
may require. (Particulars of these requirements may be obtained from the
Administrator.)
(7) For flights by night-
(a) The flying machine shall be equipped with landing lights consisting
of two single-filament or one dual-filament lamp with separately energised
filaments;
(b) every passenger compartment in the- flying machine shall be il-


1699







Air Navigation (General).


luminated and the lighting system providing that illumination shall be of
approved type, design and construction;
(c) (i) if the flying machine is authorised by the certificate of air-
worthiness relating thereto issued or rendered valid by the Administrator to
carry more than nineteen persons over three years of age, the flying
machine shall be equipped with two electric torches, and with an emer-
gency lighting system of approved type, design and construction providing
illumination in the passenger compartments which will facilitate the evacua-
tion of the flying machine in the event of the failure of the lighting system
specified in sub-paragraph (b) of this paragraph; and (ii) in every other case
the flying machine shall be equipped with one electric torch for each
member of the personnel of the flying machine;
(d) a public transport flying machine the maximum total weight
authorised of which exceeds 12,500 lb. shall be equipped with means of
observing the existence and build-up of ice on the aircraft.

(8) For a flight in the course of which a height of 10,000 feet or more
above mean sea level is reached.

(a) By a flying machine in which a pressure greater than 700 millibars
is maintained throughout the flight in the control compartment and in
every compartment in which passengers are carried-
A supply of oxygen sufficient, in the event of failure to maintain
such pressure, for continuous use by all the personnel of the flying
machine during the whole time in which after such failure the flying
machine flies at a height exceeding 10,000 feet above mean sea level,
together with suitable and sufficient apparatus for the use of the
oxygen by the personnel of the flying machine;
(b) by any other flying machine-
(i) A supply of oxygen sufficient for continuous use by all the person-
nel of the flying machine and, if passengers are carried, by 30 per
cent. of the passengers during any time exceeding 20 minutes in
which the flying machine flies at a height exceeding 10,000 feet
and not exceeding 13,000 feet above mean sea level, together with
suitable and sufficient apparatus for the use of the oxygen by the
personnel of the flying machine and, if passengers are carried, by
30 per cent. of the passengers;
(ii) a supply of oxygen sufficient for continuous use by all the person-
nel of the flying machine and, if passengers are carried, by all the
passengers, during the whole time in which the flying machine
flies at a height exceeding 13,000 feet above mean sea level,
together with suitable and sufficient apparatus for the use of the


1700







Air Navigation (General).


oxygen by the personnel of the flying machine and, if passengers
are carried, by the passengers;
(iii) for flights on which passengers are carried and in the course of
which the flying machine flies at a height exceeding 13,000 feet
above mean sea level, means of indicating to every passenger
when the use of oxygen is recommended.
(9) For flights on which a licensed flight navigator is required to be on
board.
(a) Chart table;
(b) such navigational instruments as are necessary for the particular
flight;
(c) adequate facilities for the taking of astronomical observations, in-
cluding observations for checking the magnetic compass.

(10) For flights when the weather reports available at the time of departure
indicate the probability that conditions predisposing to ice formation will be
encountered.
(a) Means of preventing the formation of or means of removing such
ice on the wings, tail surfaces and control surfaces as would seriously alter
the aero-dynamic characteristics of the aircraft or interfere with the proper
functioning of its flying controls;
(b) means of preventing the formation of or means of removing such
ice on the propellers as would seriously alter their aerodynamic characteris-
tics and, in the case of a variable-pitch propeller, would interfere with its
pitch-changing mechanism;
(c) means of protecting any fixed aerial to ensure that ice accretion
will not interfere with the electrical insulation;
(d) if a non-retractable direction-finding loop is fitted, means of pre-
venting ice accretion thereon;
(e) such safeguards, whether by heating or otherwise, as are necessary
to ensure that all instruments and equipment required for use during the
flight of the aircraft will continue to function under icing conditions;
(f) means of preventing the formation of or means of removing ice on
such portion of the pilot's windscreen as is necessary to provide an adequate
view.

(11) For flights on which passengers are carried.
In the case of a flying machine of which, while the flying machine is at rest
on the ground, any external door intended for the disembarkation of passengers
whether normally or in an emergency has a sill which-


1701







Air Navigation (General).


(a) is more than six feet from the ground when the undercarriage of
the machine is in the normal position for taxiing, or
(b) would be more than six feet from the ground if the undercarriage
or any part thereof should collapse, break or fail to function,
apparatus readily available for use at each such door consisting of a device or
devices which
(i) will enable passengers to reach the ground safely in an emergency
while the flying machine is on the ground, and
(ii) can be readily fixed in position for use.

24. In relation to every flight on which passengers are carried by a public
transport flying machine, the person in command shall-
(1) before the aircraft takes off, take all reasonable steps to ensure that all
passengers are made familiar with-
(a) the position and method of use of safety belts, safety har-
nesses, emergency exits and all other devices required by or under the
Order and intended for use by passengers individually in case of an
emergency occurring to the aircraft, and
(b) the position of all other devices required by or under the Order
and intended for use by passengers collectively in case of such an
emergency:
Provided that in relation to lifejackets and other equipment designed to
enable persons to survive in or on the water this requirement may, except in the
case of a flying boat, be complied with at any time before the aircraft reaches a
point beyond gliding distance from land;
(2) if the aircraft is not a flying boat, take all reasonable steps to ensure
that before the aircraft reaches a point more than 30 minutes flying time,
determined in the manner specified in paragraph (6) of regulation 23, from the
nearest shore, all passengers are given a practical demonstration of the method of
use of the lifejackets and other equipment required by or under the Order and
designed for use by passengers individually in order to enable them to survive in
or on the water ;
(3) if the aircraft is a flying boat, take all reasonable steps to ensure that
before the aircraft takes off all passengers are given a practical demonstration of
the method of use of the equipment referred to in the preceding paragraph;
(4) before the aircraft takes off, and before it lands, take all reasonable
steps to ensure that the personnel of the aircraft are properly secured in their
seats and that the steward or stewardess, if any, is secured in a seat which, if the
aircraft is required by or under the Order to carry a steward or stewardess, shall
be in a passenger compartment and which shall in any event be so located in the
aircraft that he or she can readily assist passengers if necessary;


1702







Air Navigation (General).


(5) before the aircraft takes off, and before it lands, and whenever by
reason of turbulent air or any emergency occurring during flight he considers the
precaution necessary, take all reasonable steps to ensure that all passengers are
properly secured in their seats by safety belts or safety harnesses ;
(6) in any emergency, take all reasonable steps to ensure that all passengers
are instructed in the emergency action which they should take;
(7) except in a case where a pressure greater than 700 millibars is main-
tained in all passenger and crew compartments throughout the flight, take all
reasonable steps to ensure that, before the aircraft reaches an altitude of 13,000
feet above mean sea level, the method of use of the oxygen provided in the
aircraft in compliance with the requirements of these regulations is demonstrated
to all passengers; that on reaching such altitude all passengers are recommended
to use oxygen; and that at all times when the aircraft is flying at an altitude
exceeding 13,000 feet above mean sea level, oxygen is used by all personnel of
the aircraft;
(8) take all reasonable steps to ensure that at all times during the flight
there is a pilot at the controls of the aircraft who is properly secured in his
seat.



GLIDERS.

25. In public transport and aerial work gliders.
The instruments, equipment and devices required for the issue of a certifi-
cate of airworthiness in respect of the particular glider. Such additional instru-
ments and equipment as the Administrator may, at his discretion, require to be
carried in the particular case.

26. The items specified in this regulation shall, in so far as they may not
be included in the requirements specified in regulation 25, also be carried by
gliders in the cases respectively indicated.
(1) In all gliders for flights by night.
(a) Equipment for displaying the lights described in rule 72 in
Schedule II to the Order;
(b) adequate electrical illumination, supplied from the main source of
supply in the glider, for the instruments and equipment (including maps)
required to be carried and the illumination of which is necessary to enable
use to be made of them during flight.
(2) In all gliders for flights involving aerobatic manoeuvres.
Safety harness for every seat in use.


1703







Air Navigation (General).


FREE BALLOONS.
27. (1) For all flights.
(a) Equipment necessary for making the pyrotechnical signal of
distress specified in rule 67 in Schedule II to the Order;
(b) such other instruments and equipment as the Administrator may,
at his discretion, require to be carried in the particular case.
(2) In addition for flights by night.
Equipment for displaying the lights described in rule 73 in Schedule II to
the Order.

CAPTIVE BALLOONS.
28. For all flights.
(a) Such instruments and equipment as the Administrator may, at his
discretion, require to be carried in the particular case;
(b) equipment for displaying the lights and markings specified in Part
XIII.

DUPLICATION ON CERTAIN INSTRUMENTS.
29. If any instrument, indicator or gauge required under this Part to be
provided and fitted in an aircraft is not, in the opinion of the Administrator
conveniently visible for the performance of his duties to any member of the
operating crew from his ordinary place of duty, a further such instrument,
indicator or gauge, so disposed as to be conveniently visible to him, shall be
provided and fitted in the aircraft.

PART IV
MAINTENANCE AND SAFETY PRECAUTIONS FOR PUBLIC TRANSPORT
AIRCRAFT.
Certificates of Maintenance.

30. (1) With reference to Article 16 of the Order the operator of an
aircraft registered in the Colony which carries or is intended by the operator for
carrying passengers or goods for hire or reward shall obtain the approval in
writing of the Administrator to maintenance schedules in respect of the aircraft
and shall incorporate therein any amendments which may from time to time be
required by the Administrator.
(2) The following provisions shall apply to the maintenance and inspection
of any such aircraft carried out in connection with the issue of a certificate of
maintenance-


1704







Air Navigation (General). 1705


(a) Prior to the issue of a certificate of maintenance the operator of the
aircraft shall furnish such information as may be necessary to enable the
aircraft maintenance engineers who are to sign the certificate to be satisfied
that up to the date of issue of such certificate all maintenance and inspec-
tion required to be carried out in accordance with the approved main-
tenance schedules for the aircraft have been so carried out;
(b) The aircraft (including its prescribed instruments and equipment
but excluding its engines and engine installation and all instruments relating
thereto) shall, subject to the provisions of sub-paragraph (d), be certified in
the form and manner shown in regulation 31 by the holder of an aircraft
maintenance engineer's licence in Category A in respect of such aircraft;
(c) In the case of a flying machine or an airship, the engines and
engine installations and the prescribed instruments relating thereto shall,
subject to the provisions of sub-paragraph (d), be certified in the form and
manner shown in regulation 31 by the holder of an aircraft maintenance
engineer's licence in Category C in respect of such engines ;
(d) The aircraft and engines may be certified by the same aircraft
maintenance engineer if he is the holder of an aircraft maintenance
engineer's licence both in Category A and Category C in respect of such
aircraft and engines:
Provided that the compasses may be adjusted and compensated by the
holder of an airline transport pilot's licence, a senior commercial pilot's
licence or a flight navigator's licence, who shall certify to that effect on the
deviation cards. In such case the next subsequent certificate of maintenance
issued may be altered by inserting after the word "equipment" the words
"other than compasses". Such alteration to a certificate of maintenance
shall be initialled by the aircraft maintenance engineer who issues the
certificate.


31. The certificate of maintenance issued in accordance with the pro-
visions of Article 16 of the Order shall, according to the class of the aircraft
concerned, be in one of the following forms, or in such other form as may be
approved for the purpose-
(1) In the case of a flying machine or an airship-
CERTIFICATE OF MAINTENANCE*
Flying Machine Type or Airship Type ............................................
Nationality and Registration Marks .............................................
*NOTE: This certificate includes the attachment of the radio apparatus to the aircraft
structure, and the condition of the earth system of the aircraft, including the bonding and
screening to ensure suppression of high frequency electrical interference. It does not include
the radio apparatus.







1706 Air Navigation (General).


I HEREBY certify that the above aircraft (including its prescribed instru-
ments and equipment, but excluding the engines and engine installations and all
instruments relating thereto) has been maintained and inspected in accordance
with the approved maintenance schedules and that adjustments and rectifica-
tions found necessary have been made and inspected to my satisfaction.
Signed ..................................
Aircraft Maintenance Engineer: Licence No. ..................
Tim e of Issue ..................................................
Dated at ...........................this .............day of...............19.......
Period of validity ...........................days from the time of issue or
upon completion by the aircraft of ...................flying hours whichever
is the shorter period.

I HEREBY certify that the engines and engine installations (including the
prescribed instruments relating thereto) of the above aircraft have been main-
tained and inspected in accordance with the approved maintenance schedules
and that adjustments and rectifications found necessary have been made and
inspected to my satisfaction.

Signed ............... ......... ..................
Aircraft Maintenance Engineer: Licence No..............
Time of Issue..................................
Dated at.......................... this ........................... day of, 19......
Period of validity ....................days from the time of issue or upon
completion by the aircraft of ...........................flying hours whichever is
the shorter period.

(2) In the case of a free balloon-

CERTIFICATE OF MAINTENANCE.*

Free Balloon Type ...............................................................
Nationality and Registration Marks .........................................

I HEREBY certify that the above aircraft (including its prescribed instru-
ments and equipment) has been maintained and inspected in accordance with
NOTE: This certificate includes the attachment of the radio apparatus to the aircraft
structure, and the condition of the earth system of the aircraft, including the bonding and
screening to ensure suppression of high frequency electrical interference. It does not include
the radio apparatus.







Air Navigation (General).


the approved maintenance schedules and that adjustments and rectifications
necessary have been made and inspected to my satisfaction.

Signed ........................................................
Aircraft Maintenance Engineer: Licence No..............
Time of Issue ...................................... ...
Dated at.......................... this .......................... day of, 19......
Period of validity ....................days from the time of issue or upon
completion by the aircraft of ......................flying hours whichever is
the shorter period.
(3) In the case of a captive balloon-
CERTIFICATE OF MAINTENANCE.*
Captive Balloon Type ...........................................................
Nationality and Registration Marks ............................................
I HEREBY certify that the above aircraft (including its prescribed instru-
ments and equipment and also the winch and cable by which it is operated) has
been maintained and inspected in accordance with the approved maintenance
schedules and that adjustments and rectifications found necessary have been
made and inspected to my satisfaction.
Signed..................................
Aircraft Maintenance Engineer: Licence No..............
Time of Issue .....................................
Dated at ...........................this..............day of............19.......
Period of validity ......days from the time of issue or upon completion
by the aircraft of .................flying hours whichever is the shorter period.

(4) In the case of a glider-
CERTIFICATE OF MAINTENANCE.*
G lider T ype ...........................................................................
Nationality and Registration Marks ...................................... ...
I HEREBY certify that the above aircraft (including its prescribed instru-
*NoTE: This certificate includes the attachment of the radio apparatus to the aircraft
structure, and the condition of the earth system of the aircraft, including the bonding and
screening to ensure suppression of high frequency electrical interference. It does not include
the radio apparatus.


1707






Air Navigation (General).


ments and equipment and also its towing gear) has been maintained and
inspected in accordance with the approved maintenance schedules and that
adjustments and rectifications found necessary have been made and inspected to
my satisfaction.
Signed............... .................
Aircraft Maintenance Engineer: Licence No...........
Time of Issue .....................................
Dated at .......................this......... day of..................19.......
Period of validity ......days from the time of issue or upon completion by
the aircraft of ...........................flying hours whichever is the shorter period.

32. Every certificate of maintenance required by Article 16 of the Order
shall be prepared in ink or indelible pencil.
Requirements as to the Weight and Performance of Public Transport Aero-
planes: General provisions.

33. (1) The assessment of the ability of an aeroplane to comply with the
requirements of regulations 33 to 38 inclusive (relating to weight and perform-
ance) shall be based on the specified information as to its performance :
Provided that, if, in the case of an aeroplane in respect of which there is in
force under the Order a certificate of airworthiness which does not include a
performance group classification, the assessment may be based on the best
information available to the person in command of the aircraft, in so far as the
relevant information is not specified.
(2) In assessing the ability of an aeroplane to comply with condition (7) of
regulation 34, conditions (4) and (5) of regulation 35 and conditions (2) (i) (b)
and (2) (ii) of regulation 37, account may be taken of any reduction of the
weight of the aeroplane which may be achieved after the failure of a power unit
by such jettisoning of fuel as is feasible and prudent in the circumstances of the
flight and in accordance with the flight manual included in the certificate of
airworthiness relating to the aircraft.
(3) In regulations 33 to 37 inclusive unless the context otherwise requires-
"specified" in relation to an aircraft means specified in, or ascertainable by
reference to-
(i) the certificate of airworthiness in force under the Order in respect
of that aircraft; or
(ii) the flight manual or performance schedule included in that
certificate;
"the emergency distance available" means the distance from the point on


1708







Air Navigation (General).


the surface of the aerodrome at which the aeroplane can commence its
take-off run to the nearest point in the direction of take-off at which
the aeroplane cannot roll over the surface of the aerodrome and be
brought to rest in an emergency without risk of accident;
"the landing distance available" means the distance from the point on the
surface of the aerodrome above which the aeroplane can commence its
landing, having regard to the obstructions in its approach path, to the
nearest point in the direction of landing at which the surface of the
aerodrome is incapable of bearing the weight of the aeroplane under
normal operating conditions or at which there is an obstacle capable of
affecting the safety of the aeroplane;
"the take-off distance available" means either the distance from the point
on the surface of the aerodrome at which the aeroplane can commence
its take-off run to the nearest obstacle in the direction of take-off
projecting above the surface of the aerodrome and capable of affecting
the safety of the aeroplane or one and one half times the take-off run
available, whichever is the less;
"the take-off run available" means the distance from the point on the
surface of the aerodrome at which the aeroplane can commence its
take-off run to the nearest point in the direction of take-off at which
the surface of the aerodrome is incapable of bearing the weight of the
aeroplane under normal operating conditions.

(4) For the purposes of regulations 33 to 37 inclusive-
(a) the weight of the aeroplane at the commencement of the take-off
run shall be taken to be its gross weight including everything and everyone
carried in or on it at the commencement of the take-off run;
(b) where any distance referred to in paragraph (3) has been declared
in respect of any aerodrome by the authority responsible for regulating air
navigation over the territory of the Contracting State in which the aero-
drome is situate, and in the case of an aerodrome in the Colony, notified,
that distance shall be deemed to be the relevant distance.

(5) Nothing in regulations 33 to 38 inclusive shall apply to any aircraft
flying solely for the purpose of training persons to perform duties in aircraft.
Weight and Performance of Public Transport Aeroplanes having no Perform-
ance Group Classification in their Certificates of Airworthiness.


34. With reference to Article 17 (4) of the Order, a public transport
aeroplane registered in the Colony in respect of which there is in force under the
Order a certificate of airworthiness which does not include a performance group
classification shall not fly unless the weight of the aeroplane at the commence-


1709







Air Navigation (General).


ment of the take-off run is such that such of the conditions in this regulation as
are relevant to that aircraft are satisfied, that is to say-
conditions (1) and (2) apply to all such aeroplanes;
conditions (3) to (9) apply to all such aeroplanes;
(i) which are of a specified maximum authorised weight exceeding
12,500 lbs., or
(ii) the specified maximum authorised weight of which does not
exceed 12,500 lbs. and which do not comply with condition (1) (a)
and condition (1) (b);
conditions (10) to (17) inclusive apply to all such aeroplanes of a specified
maximum authorised weight not exceeding 12,500 Ibs. to which conditions
(3) to (9) do not apply.
All aeroplanes.
(1) Either-
(a) the wing loading of the aeroplane does not exceed 20 lb. per foot;
or
(b) the stalling speed of the aeroplane in the landing configuration
does not exceed 60 knots; or
(c) the aeroplane, with any one of its power units inoperative and the
remaining power unit or units operating within the maximum continuous
power conditions specified, is capable of a gradient of climb of at least 1 in
200 at an altitude of 5,000 feet in the specified international standard
atmosphere.
(2) The weight of the aeroplane at the commencement of the take-off run
does not exceed the maximum take-off weight, if any, specified for the altitude
and the air temperature at the aerodrome at which the take-off is to be made.
Aeroplanes of a specified maximum authorised weight exceeding 12,500 lb., and
aeroplanes of a specified maximum authorised weight not exceeding 12,500
lb. which do not comply with condition (1) (a) and condition (1) (b).
(3) (a) The distance required by the aeroplane to attain a height of 50 feet,
with all power units operating within the maximum take-off power condi-
tions specified, does not exceed the take-off run available at the aerodrome
at which the take-off is to be made.
(b) The distance required by the aeroplane to attain a height of 50
feet with all power units operating within the maximum take-off power
conditions specified, when multiplied by a factor of either 1.33 for aero-
planes having two power units or by a factor of 1.18 for aeroplanes having
four power units, does not exceed the emergency distance available at the
aerodrome at which the take-off is to be made.


1710






Air Navigation (General).


(c) For the purposes of sub-paragraphs (a) and (b) of this condition the
distance required by the aeroplane to attain a height of 50 feet shall be that
appropriate to-
(i) the weight of the aeroplane at the commencement of the take-off
run;
(ii) the altitude at the aerodrome;
(iii) the air temperature at the aerodrome;
(iv) the slope of the surface of the aerodrome in the direction of take-
off over the take-off run available and the emergency distance
available, respectively; and
(v) not more than 50 per cent. of the reported wind component
opposite to the direction of take-off or not less than 150 per cent.
of the reported wind component in the direction of take-off.
(4) (a) The take-off flight path with one power unit inoperative and the
remaining power unit or units operating within the maximum take-off
power condition specified, appropriate to-
(i) the weight of the aeroplane at the commencement of the take-off
run;
(ii) the altitude at the aerodrome;
(iii) the air temperature at the aerodrome;
(iv) not more than 50 per cent. of the reported wind component
opposite to the direction of take-off or not less than 150 per cent.
of the reported wind component in the direction of take-off,
and plotted from a point 50 feet above the end of the appropriate factored
distance required for take-off under condition (3) (b) of this regulation at
the aerodrome at which the take-off is to be made, shows that the aeroplane
will clear any obstacle in its path by a vertical interval of at least 35 feet
except that if it is intended that an aeroplane shall change its direction by
more than 150 the vertical interval shall be not less than 50 feet during the
change of direction.
(b) For the purpose of sub-paragraph (4) (a) hereof an obstacle shall
be deemed to be in the path of the aeroplane if the distance from the
obstacle to the nearest point on the ground below the intended line of flight
does not exceed-
(i) a distance of 200 feet plus half the wing span of the aeroplane
plus of the distance from such point to the end of the take-off
distance available, measured along the intended line of flight, or
(ii) 5,000 feet,
whichever is the less.
(c) In assessing the ability of the aeroplane to satisfy this condition, it


1711






Air Navigation (General).


shall not be assumed to make a change of direction of a radius less than a
radius of steady turn corresponding to an angle of bank of 150.
(5) The aeroplane will, in the meteorological conditions expected for the
flight, in the event of any one power unit becoming inoperative at any point on
its route or on any planned diversion therefrom and with the other power units
or unit operating within the maximum continuous power conditions specified, be
capable of continuing the flight clearing obstacles within 10 nautical miles either
side of the intended track by a vertical interval of at least-
(a) 1,000 feet when the gradient of the flight path is not less than zero;
or
(b) 2,000 feet when the gradient of the flight path is less than zero, to
an aerodrome at which it can comply with condition (9) of this regulation,
and on arrival over such aerodrome the flight path shall have a positive
gradient of not less than 1 in 200 at 1,500 feet above the aerodrome.
(6) The aeroplane will, in the meteorological conditions expected for the
flight, at any point on its route or on any planned diversion therefrom be
capable of climbing at a gradient of at least 1 in 50, with all power units
operating within the maximum continuous power conditions specified, at the
following altitudes-
(a) the minimum altitudes for safe flight on each stage of the route to
be flown or of any planned diversion therefrom specified in, or calculated
from the information contained in, the operations manual relating to the
aeroplane; and
(b) the minimum altitudes necessary for compliance with conditions
(5) and (7), as appropriate, of this regulation.
(7) If on the route to be flown or any planned diversion therefrom, the
aeroplane will be engaged in a flight over water during which at any point it
may be more than 90 minutes flying time in still air from the nearest shore, it
will in the event of two power units becoming inoperative during such time and
with the other power units or unit operating within the maximum continuous
power conditions specified be capable of continuing the flight having regard to
the meteorological conditions expected for the flight, clearing all obstacles within
10 nautical miles either side of the intended track by a vertical interval of at
least 1,000 feet, to an aerodrome at which a safe landing can be made.
(8) The weight of the aeroplane at the estimated time of landing (herein-
after in this regulation called "the landing weight") allowing for the weight of
the fuel and oil expected to be used on the flight to the aerodrome of intended
destination or alternate aerodrome, as the case may be, will not exceed the
maximum landing weight, if any, specified for the altitude and the expected air
temperature for the estimated time of landing at the aerodrome at which it is
intended to land and at any alternate aerodrome.


1712







Air Navigation (General).


(9) The distance required by the aeroplane to land from a height of 50 feet
does not, at the aerodrome at which it is intended to land and at any alternate
aerodrome, exceed 70 per cent. of the landing distance available on-
(i) the most suitable runway for a landing in still air conditions;
and
(ii) the runway that may be required for landing because of the
forecast wind conditions,
the distance required to land from a height of 50 feet being taken to be that
appropriate to-
(a) the landing weight;
(b) the altitude at the aerodrome;
(c) the temperature in the specified international standard atmosphere
appropriate to the altitude at the aerodrome;
(d) (i) a level surface in the case of runways usable in both directions;
(ii) the average slope of the runway in the case of runways usable
in only one direction; and
(e) (i) still air conditions in the case of the most suitable runway for a
landing in still air conditions;
(ii) not more than 50 per cent. of the forecast wind component
opposite to the direction of landing or not less than 150 per
cent. of the forecast wind component in the direction of landing
in the case of the runway that may be required for landing
because of the forecast wind conditions.
Aeroplanes of a specified maximum authorised weight not exceeding 12,500 lb
to which conditions (3) to (9) do not apply.
(10) If the aeroplane is engaged in a flight at night or when the cloud
ceiling or visibility prevailing at the aerodrome of departure and forecast for the
estimated time of landing at the aerodrome of destination or at any alternate
aerodrome, are less than 1,000 feet and 1 mile respectively, it will, with any one
of its power units inoperative and the remaining power unit or units operating
within the maximum continuous power conditions specified, be capable of
climbing at a gradient of at least 1 in 200 at an altitude of 2,500 feet in the
specified international standard atmosphere.

(11) (a) The distance required by the aeroplane to attain a height of 50
feet with all power units operating within the maximum take-off power
conditions specified, does not exceed the take-off run available at the
aerodrome at which the take-off is to be made.
(b) The distance required by the aeroplane to attain a height of 50
feet, with all power units operating within the maximum take-off power
conditions specified, when multiplied by a factor of 1.33 does not exceed the


1713






Air Navigation (General).


emergency distance available at the aerodrome at which the take-off is to be
made.
(c) For the purposes of sub-paragraphs (a) and (b) hereof the distance
required by the aeroplane to attain a height of 50 feet shall be that
appropriate to-
(i) weight of the aeroplane at the commencement of the take-off
run;
(ii) the altitude at the aerodrome;
(iii) the temperature in the specified international standard atmo-
sphere appropriate to the altitude at the aerodrome, or if greater,
the air temperature at the aerodrome less 150 centigrade;
(iv) the slope of the surface of the aerodrome in the direction of take-
off over the take-off run available and the emergency distance
available, respectively; and
(v) not more than 50 per cent. of the reported wind component
opposite to the direction of take-off or not less than 150 per cent.
of the reported wind component in the direction of take-off.
(12) The take-off flight path, with all power units operating within the
maximum take-off power conditions specified, appropriate to-
(i) the weight of the aeroplane at the commencement of the take-off
run;
(ii) the altitude at the aerodrome;
(iii) the temperature in the specified international standard atmo-
sphere appropriate to the altitude at the aerodrome, or, if greater,
the air temperature at the aerodrome less 150 centigrade; and
(iv) not more than 50 per cent. of the reported wind component
opposite to the direction of take-off or not less than 150 per cent.
of the reported wind component in the direction of take-off,
and plotted from a point 50 feet above the end of the factored distance required
for take-off under condition (11) (b) of this regulation, at the aerodrome at
which the take-off is to be made, shows that the aeroplane will clear any obstacle
lying within 200 feet plus half the wing span of the aeroplane on either side of
its path by a vertical interval of at least 35 feet. In assessing the ability of the
aeroplane to satisfy this condition it shall not be assumed to make a change of
direction of a radius less than a radius of steady turn corresponding to an angle
of bank of 150.
(13) The aeroplane will, in the meteorological conditions expected for the
flight, in the event of any one power unit becoming inoperative at any point on
its route or on any planned diversion therefrom and with the other power unit
or units, if any, operating within the maximum continuous power conditions
specified, be capable of continuing the flight so as to reach a point above a place


1714






Air Navigation (General).


at which a safe landing can be made at a suitable height for such landing.
(14) The aeroplane will, in the meteorological conditions expected for the
flight, at any point on its route or any planned diversion therefrom, be capable
of climbing at a gradient of at least 1 in 50, with all power units operating
within the maximum continuous power conditions specified, at the following
altitudes-
(a) the minimum altitudes for safe flight on each stage of the route to
be flown or on any planned diversion therefrom specified in, or calculated
from, the information contained in the operations manual relating to the
aeroplane; and
(b) the minimum altitudes necessary for compliance with condition
(13) of this regulation.
(15) If on the route to be flown or any planned diversion therefrom the
aeroplane will be engaged in a flight over water during which at any point it
may be more than 30 minutes flying time in still air from the nearest shore, it
will, in the event of one power unit becoming inoperative during such time and
with the other power unit or units operating within the maximum continuous
power conditions specified, be capable of climbing at a gradient of at least 1 in
200 at an altitude of 5,000 feet in the specified international standard
atmosphere.

(16) The weight of the aeroplane at the estimated time of landing (herein-
after in this regulation called "the landing weight") allowing for the weight of
the fuel and oil expected to be used on the flight to the aerodrome of intended
destination or alternate aerodrome, as the case may be, will not exceed the
maximum landing weight, if any, specified for the altitude and the expected air
temperature for the estimated time of landing at the aerodrome at which it is
intended to land and at any alternate aerodrome.

(17) The distance required by the aeroplane to land from a height of 50
feet does not, at the aerodrome at which it is intended to land and at any
alternate aerodrome, exceed 70 per cent., or, if a visual approach and landing
will be possible in the meteorological conditions forecast for the estimated time of
landing, 80 per cent., of the landing distance available on-
(i) the most suitable runway for a landing in still air conditions;
and
(ii) the runway that may be required for landing because of the
forecast wind conditions,
the distance required to land from a height of 50 feet being taken to be that
appropriate to-
(a) the landing weight;
(b) the altitude at the aerodrome;


1715







Air Navigation (General).


(c) the temperature in the specified international standard atmosphere
appropriate to the altitude at the aerodrome;
(d) (i) a level surface in the case of runways usable in both directions;
(ii) the average slope of the runway in the case of runways usable
in only one direction; and
(e) (i) still air conditions in the case of the most suitable runway for
landing in still air conditions;
(ii) not more than 50 per cent. of the forecast wind component
opposite to the direction of landing or not less than 150 per
cent. of the forecast wind component in the direction of landing
in the case of the runway that may be required for landing
because of the forecast wind conditions.

Weight and Performance of Public Transport Aeroplanes classified as Aero-
planes of Performance Group A in their Certificates of Airworthiness.

35. With reference to Article 17 (4) of the Order a public transport
aeroplane registered in the Colony in respect of which there is in force under the
Order a certificate of airworthiness classifying the aeroplane as being of per-
formance group A shall not fly unless the weight of the aeroplane at the
commencement of the take-off run is such that the following conditions are
satisfied-
(1) Such weight does not exceed the maximum take-off weight for altitude
and temperature specified for the altitude and the air temperature at the
aerodrome at which the take-off is to be made.
(2) The take-off run, take-off distance and the emergency distance respec-
tively required for take-off, specified as being appropriate to-
(a) the weight of the aeroplane at the commencement of the take-off
run;
(b) the altitude at the aerodrome;
(c) the air temperature at the aerodrome;
(d) the slope of the surface of the aerodrome in the direction of take-
off over the take-off run available, the take-off distance available and the
emergency distance available, respectively; and
(e) not more than 50 per cent. of the reported wind component
opposite to the direction of take-off or not less than 150 per cent. of the
reported wind component in the direction of take-off,
do not exceed the take-off run, the take-off distance and the emergency distance
available, respectively, at the aerodrome at which the take-off is to be made; in
ascertaining the emergency distance required, the point at which the pilot is
assumed to decide to discontinue the take-off shall not be nearer to the start of


1716







Air Navigation (General).


the take-off run than the point at which, in ascertaining the take-off run
required and the take-off distance required, he is assumed to decide to continue
the take-off, in the event of power unit failure.
(3) (a) The net take-off flight path with one power unit inoperative, speci-
fied as being appropriate to-
(i) the weight of the aeroplane at the commencement of the take-off
run;
(ii) the altitude at the aerodrome;
(iii) the air temperature at the aerodrome; and
(iv) not more than 50 per cent. of the reported wind component
opposite to the direction of take-off or not less than 150 per cent.
of the reported wind component in the direction of take-off,
and plotted from a point 35 feet or 50 feet, as appropriate, above the end of
the take-off distance required at the aerodrome at which the take-off is to
be made to a height of 1,500 feet above the aerodrome, shows that the
aeroplane will clear any obstacle in its path by a vertical interval of at least
35 feet, except that if it is intended that the aeroplane shall change its
direction of flight by more than 150 the vertical interval shall not be less
than 50 feet during the change of direction.
(b) For the purpose of sub-paragraph (a) hereof an obstacle shall be
deemed to be in the path of the aeroplane if the distance from the obstacle
to the nearest point on the ground below the intended line of flight does not
exceed-
(i) a distance of 200 feet plus half the wing span of the aeroplane
plus 8th of the distance from such point to the end of the take-off
distance available measured along the intended line of flight; or
(ii) 5,000 feet,
whichever is the less.
(c) In assessing the ability of the aeroplane to satisfy this condition, it
shall not be assumed to make a change of direction of a radius less than the
radius of steady turn specified.
(4) The aeroplane will, in the meteorological conditions expected for the
flight, in the event of any one power unit becoming inoperative at any point on
its route or on any planned diversion therefrom and with the other power units
or unit operating within the maximum continuous power conditions specified, be
capable of continuing the flight, clearing by a vertical interval of at least 2,000
feet obstacles within 5 nautical miles either side of the intended track, to an
aerodrome at which it can comply with condition (7) of this regulation relating
to an alternate aerodrome, and on arrival over such aerodrome the gradient of
the specified net flight path with one power unit inoperative shall be not less
than zero at 1,500 feet above the aerodrome; and in assessing the ability of the
aeroplane to satisfy this condition it shall not be assumed to be capable of flying


1717







Air Navigation (General).


at an altitude exceeding the specified maximum permissible altitude for power
unit restarting.
(5) The aeroplane will, in the meteorological conditions expected for the
flight, in the event of any two power units becoming inoperative at any point
along the route or on any planned diversion therefrom more than 90 minutes
flying time in still air at the all power units operating economical cruising speed
from the nearest aerodrome at which it can comply with condition (7) of this
regulation, relating to an alternate aerodrome, be capable of continuing the
flight with all other power units operating within the specified maximum con-
tinuous power conditions, clearing by a vertical interval of at least 2,000 feet
obstacles within 5 nautical miles either side of the intended track, to such an
aerodrome, and on arrival over such aerodrome the gradient of the specified net
flight path with two power units inoperative shall not be less than zero at 1,500
feet above the aerodrome; and in assessing the ability of the aeroplane to satisfy
this condition it shall not be assumed to be capable of flying at an altitude
exceeding the specified maximum permissible altitude for power unit restarting.
(6) The weight of the aeroplane at the estimated time of landing (herein-
after in this regulation called "the landing weight"), allowing for the weight of
fuel and oil expected to be used on the flight to the aerodrome of intended
destination or alternate aerodrome, as the case may be, will not exceed the
maximum landing weight specified for the altitude and the expected air tem-
perature for the estimated time of landing at the aerodrome at which it is
intended to land and at any alternate aerodrome.
(7) (a) The landing distances required, respectively specified as being
appropriate to aerodromes of destination and alternate aerodromes, do not
exceed at the aerodrome at which it is intended to land or at any alternate
aerodrome, as the case may be, the landing distance available on-
(i) the most suitable runway for a landing in still air conditions;
and
(ii) the runway that may be required for landing because of the
forecast wind conditions:
Provided that if an alternate aerodrome is designated in the flight
plan, the specified landing distance required may be that appropriate to an
alternate aerodrome when assessing the ability of the aeroplane to satisfy
this condition at the aerodrome of destination in respect of the runway that
may be required for landing because of the forecast wind conditions.
(b) For the purposes of sub-paragraph (a) hereof the landing distance
required shall be that specified as being appropriate to-
(i) the landing weight;
(ii) the altitude at the aerodrome;
(iii) the temperature in the specified international standard atmo-
sphere appropriate to the altitude at the aerodrome;


1718







Air Navigation (General).


(iv) (aa) a level surface in the case of runways usable in both direc-
tions;
(bb) the average slope of the runway in the case of runways
usable in only one direction; and
(v) (aa) still air conditions in the case of the most suitable runway for
a landing in still air conditions;
(bb) not more than 50 per cent. of the forecast wind component
opposite to the direction of landing or not less than 150 per
cent. of the forecast wind component in the direction of
landing in the case of the runway that may be required for
landing because of the forecast wind conditions.

Weight and Performance of Public Transport Aeroplanes classified as Aero-
planes of Performance Group C or of Performance Group D in their
Certificates of Airworthiness.

36. (1) With reference to Article 17 (4) of the Order a public transport
aeroplane registered in the Colony in respect of which there is in force under the
Order a certificate of airworthiness classifying the aeroplane as being of per-
formance group C or of performance group D shall not fly unless the weight of
the aeroplane at the commencement of the take-off run is such that the following
conditions are satisfied-
(a) Such weight does not exceed the maximum take-off weight speci-
fied for the altitude and the air temperature at the aerodrome at which the
take-off is to be made.
(b) The take-off run required and the take-off distance required,
specified as being appropriate to-
(i) the weight of the aeroplane at the commencement of the take-off
run;
(ii) the altitude of the aerodrome;
(iii) the air temperature at the aerodrome;
(iv) the average slope of the surface of the aerodrome in the direction
of take-off over the emergency distance available;
(v) not more than 50 per cent. of the reported wind component
opposite to the direction of take-off or not less than 150 per cent.
of the reported wind component in the direction of take-off,
do not exceed the take-off run available and the emergency distance
available, respectively, at the aerodrome at which take-off is to be made.
(c) The net take-off flight path with all power units operating, specified
as being appropriate to-
(i) the weight of the aeroplane at the commencement of the take-off
run;
(ii) the altitude at the aerodrome;


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Air Navigation (General).


(iii) the air temperature at the aerodrome;
(iv) not more than 50 per cent. of the reported wind component
opposite to the direction of take-off or not less than 150 per cent.
of the reported wind component in the direction of take-off;
and plotted from a point 50 feet above the end of the take-off distance
required at the aerodrome at which the take-off is to be made to the point
at which the aeroplane reaches the minimum altitude for safe flight on the
first stage of the route to be flown stated in or calculated from the
information contained in the operations manual relating to the aircraft,
shows that the aeroplane will clear by a safe margin any obstacle the
distance from which to the nearest point on the ground below the intended
line of flight of the aeroplane does not exceed 200 feet plus half the wing
span of the aeroplane. In assessing the ability of the aeroplane to satisfy this
condition it shall not be assumed to make a change of direction of a radius
less than the specified radius of steady turn.
(d) The aeroplane will, if it is classified in its certificate of airworthi-
ness as an aeroplane of performance group C and if it is necessary for it to
be flown solely by reference to instruments for any period before reaching
the minimum altitude for safe flight on the first stage of the route to be
flown stated in or calculated from the information contained in the opera-
tions manual, during such period also satisfy condition (3) of regulation
35.
(e) The aeroplane will, in the meteorological conditions expected for
the flight, in the event of any one power unit becoming inoperative at any
point on its route or on any planned diversion therefrom, and with the
other power units or power unit, if any, operating within the specified
maximum continuous power conditions-
(i) in the case of an aeroplane classified as an aeroplane of perfor-
mance group C, be capable of continuing the flight at altitudes
not less than the relevant minimum altitudes for safe flight stated
in, or calculated from the information contained in, the operations
manual to a point 1,500 feet above an aerodrome at which a safe
landing can be made and after arrival at that point be capable of
maintaining that height;
(ii) in the case of an aeroplane classified as an aeroplane of perfor-
mance group D, be capable of continuing the flight to a point
1,000 feet above a place at which a safe landing can be made:
Provided that in assessing the ability of the aeroplane to satisfy this condi-
tion it shall not be assumed to be capable of flying at any point on its route
at an altitude exceeding the performance ceiling with all power units
operating specified as being appropriate to its estimated weight at that
point.


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Air Navigation (General).


(f) The weight of the aeroplane at the estimated time of landing
(hereinafter in this regulation called "the landing weight"), allowing for the
weight of fuel and oil expected to be used on the flight to the aerodrome at
which it is intended to land or alternate aerodrome, as the case may be, will
not exceed the maximum landing weight specified for the altitude and the
expected air temperature for the estimated time of landing at the aero-
drome at which it is intended to land and at any alternate aerodrome.
(g) The distance required by the aeroplane to land from a height of 50
feet does not, at the aerodrome at which it is intended to land and at any
alternate aerodrome, exceed 70 per cent. of the landing distance available
on-
(i) the most suitable runway for a landing in still air conditions;
and
(ii) the runway that may be required for landing because of the
forecast wind conditions,
the distance required to land from a height of 50 feet being taken to be that
specified as being appropriate to-
(i) the landing weight;
(ii) the altitude at the aerodrome;
(iii) the expected air temperature for the estimated time of landing at
the aerodrome;
(iv) (aa) a level surface in the case of runways usable in both direc-
tions;
(bb) the average slope of the runway in the case of runways
usable in only one direction; and
(v) (aa) still air conditions in the case of the most suitable runway for
a landing in still air conditions;
(bb) not more than 50 per cent. of the forecast wind component
opposite to the direction of landing or not less than 150 per
cent. of the forecast wind component in the direction of
landing in the case of the runway that may be required for
landing because of the forecast wind conditions.
(2) An aeroplane classified as aforesaid as an aeroplane of performance
group D shall not fly or attempt to fly at night or when the cloud ceiling or
visibility prevailing at the aerodrome of departure and forecast for the estimated
time of landing at the aerodrome at which it is intended to land and at any
alternate aerodrome are less than 1,000 feet and one mile respectively.

Weight and Performance of Public Transport Aeroplanes classified as Aero-
planes of Performance Group X in their Certificates of Airworthiness.
37. With reference to Article 17 (4) of the Order a public transport
aeroplane in respect of which there is in force under the Order a certificate of


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Air Navigation (General).


airworthiness classifying the aeroplane as being of performance group X shall
not fly unless the weight of the aeroplane at the commencement of the take-off
run is such that the following conditions are satisfied-
(1) (i) Such weight does not exceed the maximum take-off weight speci-
fied for the altitude at the aerodrome at which the take-off is to
be made, or for the altitude and the air temperature at such
aerodrome, as the case may be.
(ii) the minimum effective take-off runway length required, specified
as being appropriate to-
(a) the weight of the aeroplane at the commencement of the take-
off run;
(b) the altitude at the aerodrome;
(c) the air temperature at the time of take-off;
(d) the overall slope of the take-off run available, and
(e) not more than 50 per cent. of the reported wind component
opposite to the direction of take-off or not less than 150 per
cent. of the reported wind component in the direction of take-
off,
does not exceed the take-off run available at the aerodrome at which the
take-off is to be made.
(iii) (a) The take-off flight path with one power unit inoperative,
specified as being appropriate to-
(i) the weight of the aeroplane at the commencement of the take-
off run;
(ii) the altitude at the aerodrome; and
(iii) not more than 50 per cent. of the reported wind component
opposite to the direction of take-off or not less than 150 per
cent. of the reported wind component in the direction of take-
off.
and plotted from a point 50 feet above the end of the minimum effective
take-off runway length required at the aerodrome at which the take-off is to
be made, shows that the aeroplane will thereafter clear any obstacle in its
path by a vertical interval of not less than the greater of 50 feet or 35 feet
plus 1/100 of the distance from the point on the ground below the intended
line of flight of the aeroplane nearest to the obstacle, to the end of the take-
off distance available, measured along the intended line of flight of the
aeroplane.
(b) For the purpose of sub-paragraph (a) an obstacle shall be deemed
to be in the path of the aeroplane if the distance from the obstacle to the
nearest point on the ground below the intended line of flight does not
exceed-


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