Title: Saint Vincent government gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00077473/00565
 Material Information
Title: Saint Vincent government gazette
Alternate Title: Government gazette
St. Vincent government gazette
Physical Description: v. : ; 35 cm.
Language: English
Creator: Saint Vincent
Publisher: G.P.O.
Place of Publication: Kingstown, St. Vincent
Kingstown St. Vincent
Publication Date: May 16, 1961
Frequency: weekly
regular
 Subjects
Subject: Gazettes -- Periodicals -- Saint Vincent   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
periodical   ( marcgt )
Spatial Coverage: Saint Vincent and the Grenadines -- Saint Vincent
 Notes
Dates or Sequential Designation: v. 1, no. 1 (1868)-v. 112, no. 48 (Tues., 23 Oct. 1979)
General Note: Description based on: Vol. 111, no. 1 (Tues., 3 Jan. 1978); title from caption.
General Note: Supplements which accompany some numbers contain extraordinary issues, ordinances, statutory rules of order, etc.
 Record Information
Bibliographic ID: UF00077473
Volume ID: VID00565
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 19844741
lccn - sn 89018505
 Related Items
Succeeded by: Government gazette

Full Text























SAINT VINCENT


GOVERNMENT GAZETTE

P, blidhed by Aiuthorilf.


VOL. 94.] SAINT VINCENT, TUESDAY Y, 16 MAY, 1961. [No. 25.


GOVERNMENT NOTICES. No. 151.
CORRECTION NOTICES.
No. 149.
APPOINTMENT. With reference to Gazette Notice No.
142 of 9th May, 1961, Miss I COOMBs,
PRISON VISITING COMMITTEE. Class I Clerk, Audit Department has
been appointed to act as an Examiner
The following persons have been ap- of Accounts, Audit Department, with
pointed members of the Prison Visiting effect from 1st May, 1961 and not from
Committee for the year 1961 under the 9th May, 1961 as was stated in error.
provisions of Rule 3 of the St. Vincent 16th May, 1961.
Prison Rules, 1945 (S. R. & O. No. 39 of (p.F. 174 11).
1945):-
Senator H. A. DAVIS, O.B.E. No. 152.
The Magistrate District 1-Visiting; With reference to Gazette Notice No.
Justice 144 of 9th May, 1961, Mr. ELIJAH
R. T. SAMUEL, Esq. BAYNES was granted 255 days' vaca-
V. D. ARCHER, Esq., M.B.E. tion leave with effect from 1st May, 1961
EB. DUNCAN, Esq., O.B.E. and not 15th May, 1961 as was stated in
The Revd. VIVIAN COMMISSION error.
The Matron, Colonial Hospital 16th May, 1961
The Public Assistance & Probation
Officer-Sccretary. (P.F. 760i.
6th May, 1961. No.
(SS 107).
__VACANT POSTS.
No. 150.
No. 1. VACANT POST OF STENOTYPIST,
ACTING APPOINTMENT. ST. VINCENT, W.I.
Consequent upon the appointment of Applications are invited for a vacant
Mr. H. H. HAMLETT tO act as Principal 'post of Stenotypist which carries salary
Auditor, Windward Islands, Mr. S. C in the scale $2,220 X $144-$3,228. The
CUMMINos, acting Senior Examiner of point of entry into the scale will depend
Accounts, Audit Department, has been on qualifications and experience.
appointed to act as an Auditor, Wind- Candidates should hold the Cambridge
ward Islands, with effect from 25th School Certificate or its equivalent, and
April, 1961 and until further notice. I proficiency Certificates in Shorthand (at
16th May, 1961. 'least 100 words per minute) and Type-
(P.Fs. 74 & 172). i writing (at least 50 words per minute).




X
I 7^ s-












i2 SAINT VINCENT, TUESDAY, 16 MAY, 1961.-(No. 25.)


Applications stating qualifications and
accompanied by Certificates and three
testimonials should reach the Chief Sec-
retary, Government Office, Kingstown,
St. Vincent, not later than 23rd May,
1961.
9th May, 1961.

Nu. 147.
POST OF FINANCIAL SECRETARY,
ST. VINCENT, THE WEST INDIES.

Applications are invited from suit-
ably qualified persons for appointment
to the post of Financial Secretary, St.
Vincent, The West Indies, particulars
of which are as follows:-
Appointment:
The post is pensionable but an
appointment may be made on a tem-
porary, non-pensionable, contractual
basis for a period of 3 years in the
first instance. The appointment car-
ries with it the liability to transfer to
any post of equivalent status, and the
officer will he subject to the Colonial
Regulations and local General Orders
in force from time to time so far as
they are applicable,..
Salary:
The salary of the post is at the fixed
rate of $7,920 (f1,650) per annum.
Allowances:
The following allowances- are pay-
able:
(i) $240 (50) per annmm in res-
pect of duties- as. Chairman of
the Income Tax Commission-.
ers.
(ii) A travelling allowance, if the
officer maintains- a motor car-
for approved travel on duty
in accordance with the regu-
lations..
Duties:
The officer will be responsible to the
Minister for Finance and. will, be
required to perform all duties apper-
taining to the posL of Financial Sec-
retary. In addition, the office carrie.
with it the following Hppointments:-
Chairman of the Income Tax
Commissioners.
Manager Government Savings
Bank.
The Financial Secretary is a mem-
ber of various Boards and Commit-
tees.
He will also be required to under-
take such other duties as may from
time to time be imposed on him by
the Laws of the Territory and by the
Officer Administering the Govern-
ment.


Quarters:
Quarters are not provided, but in
the event that Government quarters
become available, the officer will be
required to pay rental not exceeding
10% of his salary. A rent differen-
tial is payable in the event of quart-
ers not being available.
Passages:
Free first class passages to St. Vin-
cent will be provided for the officer,
his wife and children, not exceeding
5 persons in all; children to be under
18 years, unmarried and dependent
on the officer.
In the case of an appointment on
contract return passages will be pro-
vided on the satisfactory completion
of the period of engagement.
Leave and Leave Passages:
Vacation leave on full salary will
be granted at the rate of 45 days for
each completed period of 12 months
resident service.
In the case of a contract appoint-
ment, vacation leave will be granted
at the rate of 1 week for each com-
pleted period of 3 months resident
service; such leave to be taken on the
satisfactory termination of the con-
tract.
Leave passages are provided in
accordance with local regulations.
General:
All Government officers are liable
to taxation imposed by local legisla-
tion.
Applications giving full particulars,
qualifications and experience of the
applicants, and accompanied by three
testimonials (which will not be re-
turned) and two photographs, should
be addressed to the Chief Secretary,
SSt. Vincent, and should reach him not
later than 31st May, 1961.
9th May, 1961.

No. 148.
VACANT POST OF EDUCATION OFFICER,
ST. VINCENT.

Applications are invited for appoint-
ment to the vacant post of Education
Officer, St. Vincent, particulars of which
are- as follows:-
Appointment:
The post is pensionable, but ap-
pointment (non-pensionable) may be
on contract for a period of 3 years in
the first instance. The officer will be
subject to the Colonial Regulations
and lo.al General Orders for the time
being in force in so far as they are
applicable. The appointment will be
subject to medical fitness.













SAINT VINCENT, TUESDAY, 16 MAY, 1961.-(No. 25.) 153


Salary: Duties:
The salary is in the scale of $5,760 The duties of the Education Officer
x $144-$6,192 x $240-$6,672 (1,200 are mainly administration of the Edu-
x 30-1,290 x 50-1,390). The cation Department and include res-
successful candidate may be ap- ponsibility for Primary, Secondary
pointed at a point in the scale com- and Technical Education and any
mensurate with his qualifications and other suitable duties which the Gov-
experience. ernment may call upon him to per-
Qualifications: form.
Applicants should possess a Degree General:
of a University within the British Government Officers are liable to
Commonwealth, and should have ad- taxation imposed by local legislation.
ministrative experience in the fiold of Applications giving full particulars,
Education. A Diploma in Education qualifications and experience of the ap-
of a University within the British plicants and accompanied by three testi-
Commonwealth or other recognized monials (which will not be returned)
professional qualifications in Educa- and two photographs, should be address-


LUII Will e an a vaunLtge.
Quarters:
Quarters are not provided, but in
the event that Government quarters
become available, the officer will be
required to pay rental not exceeding
10% of his salary, or 5% of the assess-
ed value of the quarters whichever is
the less. A rent differential is pay-
able in the event of quarters not being
available.

Leave and Leave Passages:
Vacation leave on full salary will
be granted as follows:-
(a) In the case of a permanent
appointment, at the rate of
45 days for each period of 12
consecutive months resident
service;
(b) in the case of a contract, at the
rate of 1 week for each com-!
pleted period of 3 months res-.
ident service, such leave to be
taken on the satisfactory com-
pletion of the period of the
Officer's engagement.
Leave passages are provided
in accordance with local regu-
lations.

Passages:
Free passages from place of domi-
cile to St. Vincent will be provided
for the officer, his wife and children,
not exceeding 5 persons in all, on first
appointment; children to be under
18 years of age and dependent on
the officer. In the case of an officer
appointed on contract free passages
back to place of domicile will be pro-
vided on the satisfactory completion
of the period of the officer's engage-
ment.

Medical Attention:
Free medical attention and media.
cines are not provided.


ea to te unier Secretary, 6t. Vincent,
and should reach him not later than
31st May, 1961.
9th May, 1961.

No. 137.
ST. VINCENT PRISON SERVICE.

Applications are invited from suitably
qualified persons for appointment as
Prison Officers in the St. Vincent Prison
Service.
Candidates should be between the
ages of 21 and 30 years; should be at
least 5' 9" in height with chest at least
36" (expanded) and should have attained
at least the Primary School Leaving Cer-
tificate. Secondary education would be
an asset.
Applicants must be recommended by
at least two prominent and respectable
citizens.
Salary commences at $1,080 per annum
and the following allowances are paid if
applicants qualify for them:-
1. Duty
2. Good Conduct
3. House
Further particulars can be obtained
from the Superintendent of Prisons.
Applications, in the applicants' own
handwriting should be addressed to the
Superintendent of Prisons, Kingstown,
and should reach him not later than 18th
May, 1961.
2nd May, 1961.

No. 153.
SCHOLARSHIP FOR GRADUATE
STUDY.

A graduate scholarship of $500 for
work to the degree of Master of Arts
or Master of Science, open to residents
of the West Indies and British Guiana,
has been established for 1931-62. The
Scholarship is renewable for one year,
provided that the holder is successful
in course during the first year, and
requires the second year to complete a
degree programme.













154 SAINT VINCENT, TUESDAY, 16 MAY, 1961.-(No. 25.)


Candidates must be able to meet the
admission requirements ui the School
of Graduate Studies. They must have
a bachelor's degree with at least second
class standing. Those with pass degrees
will normally require the equivalent of
two years' full-time study, while those
with honouis degrees will normally re-
quire the equivalent of one year's full-
time study.
The successful candidate will under-
take graduate work to the M.A. or
M.Sc. level in one of the following fields:
Biology, Chemistry, Economics, English,
French, Geology, History, Mathematics,
Physics, Political Science, Public Ad-
ministration, Psychology, Sociology.
It i3 estimated that a student will
need at least an additional $1200 in
Canadian funds for support during each
academic year. The scholarship will be
granted chiefly on the basis of academic
merit, but financial need will be taken
into secondary account.
Candidates are to apply to the Reg-
istrar, Carleton University, Ottawa, by
June 15. The application will include
a curriculum vitae, a statement of the
field in which graduate work will be
undertaken, and an indication of finan-
cial need. The candidate will arrange
for three letters of recommendation to
be sent to the Registrar by professors
with whom he or she has studied.
16th May, 1961.

No. 154.
BANK HOLIDAY.

Under the Bank Holidays Ordinance,
Monday, 22nd May, 1961, (Whit Mon-
day), being a Bank Holiday, all Public
Offices will be closed on that day.
By Command,
E. A. BRATHWAITE,
Chief SBretary.
Govmmarw Onos,
16th May, 1961.


cate will be held at this Centre in
November and December, 1961, com-
Smencing an Monday 20th November.
The fees, which should be paid into
the Treasury, are as follows:-
Joint Examination for the School
Certificate and General Certificate of
Education:
Full School Certificate-
4. Os. Od. per candidate.
Other Entries-
(a) Entry Fee-
15s. Od. per candidate
(b) Subject Fee-
10s. Od. per subject.
Higher School Certificate:
Entry fee payable by all candidates
15s. Od. per candidate
For each Principal subject
1. 5s. Od. per subject
For each Subsidiary Subject
10s. Od.
For the General Paper
10s. Od.
Local Fee-H.S.C. and Joint Exam.
5s. Od.
Entry Forms may be obtained from
the Local Secretary. They should be
filled in and returned to him, together
with the Treasury receipt not later than
Saturday 17th June, 1961.
Private Candidates, other than Even-
ing Class Students and Student Teach-
ers should enquire at the Education
Office for further particulars before
June 10th.
JEMMOTT J. ANTROBUS,
Local Secretary (Acting).
11th May, 1961.


CHARITABLE DEPARTMENT.

AUCTION SALE.

The undermentioned will be put up
f. Iln i-


Sor s by Public Auction at the Frair-
DEPARTMENTAL AND hall School Farm on Wednesday, 24th
OTHER NOTICES. May, 1961, at 1.30 p.m.

EDUCATION NOTICE. 1 Black and White graded Holstein
Cow.
HIGHER SCHOOL CERTIFICATE AND VI N T.
JOINT EXAMINATION FOR THE VIVIAN T. YOUNG,
JOINT EXAMINATION FOR THE Public Assistance Officer.
SCHOOL CERTIFICATE AND b Asta Ocer.
GENERAL CERTIFICATE 16th May, 1961.
OF EDUCATION
1961. PUBLIC ASSISTANCE NOTICE.

The Joint Examination for the School
Certificate and General Certificate of Beginning in June, 1961, Public As-
Education and Higher School Certifi- distance Ikcipients in the Questelles-
cate Examination of the University of Clare Vatfy-Camden Park area will
Cambridge Local Examination Syndi- be paid on the FIRST THURSDAY in












SAINT VINCENT, TUESDAY, 16 MAY, 1961.-(No. 25.) 155


every month instead of on the First The respondent appeared before the
Saturday as at present. Magistrate of the First District Court
at Barrouallie to answer the following
VIVIAN T. YOUNG, complaints which were made against him
Public Assistance Oficer. by the appellant;-
Public Assistance Office, 1. That the defendant on the 4th day
9th May, 1961. of October, 1959 at Mount Wynne in the
Colony of St. Vincent and within the
DEPARTMENT OF AGRIOULTURE. First Magisterial District being the
driver of Motor Vehicle H. 370 did un-
SALE OF GOVERNMENT lawfully drive the said vehicle on the
VEHICLES. Public Road without there being in
force in respect thereof a third party
It Is hereby notified that the following risk insurance.
Government owned vehicles will be put Contrary to Section 3 (1) of Ordin-
up for sale by public auction on Wed- ance No. 8 of 1947.
nesday 24th May at 1.30 p.m. at the 2. That the defendant on the 4th day
Agricultural Department, Head Office, of October 1959 at Mount Wynne in the
Frenches. Colony of St. Vincent and within the
Interested persons can see and inspect First Magisterial District did unlawfully
the vehicles at the Camden Park Ex- drive motor vehicle H. 370 on the Mount
periment station where they will be Wynne Public Road without there being
on view until the day of sale, One the prescribed Licence for quarter end-
vehicle-the Commer light. /2 ton truck ing 31st December, 1959.
-T 706-can be inspected at Mr. A. V. The cases were heard together by con-
Agard's Club Service Station, sent and after some evidence was taken
The vehicles are:- the defendant pleaded guilty to the of-
(a) One land Rover-P 814 fence stated in each complaint.
(b) One Land Rover-P 684 Re: Offence No. 1. The defendant
(c) One Commer 1/ ton truck- was fined $20.00 with costs $2.88 in de-
T 706 fault 1 month hard labour.
(d) One 3 ton Bedford truck- Re: Offence No. 2. The defendant
T 713 was fined $10.00 in default 21 days
(e) One 5 ton short chassis dump hard labour
Bedford truck-T 458 The Prosecutor (Appellant) has now
(f) One 5 ton long chasls Bedford appealed against the decision of the
truck-T 283 magistrate in respect of the first com-
HUGH S. McCONNIE, plaint-that is, driving motor car H. 370
superintendent of Agrlture. on the public road without there being
S. in force in respect thereof a third party
16th May, 1961. risk insurance.
The grounds of appeal are as follows:
SAINT VINCENT. 1. The decision is altogether un-
IN THE COURT OF APPEAL OF warranted by the evidence in that the
THE WINDWARD ISLANDS AND defendant-respondent showed no special
T LEEWARD IS"LANDS. reason why he should not be disqualified
LEEWARD ISLANDS. from holding or obtaining a lience
APPEAL No. 1/1960. under the Motor Vehicles and Road
Traffic Ordinance 1947.
CHIEF OF POLICE 2. That the decision is erroneous in
Appellant. point of law in that the learned magis-
vs trate considered that the fact that the
EZEKIL B N defendant-respondent had no previous
EZEKE ENN convictions was a 'special reason' within
Respondent. the meaning and intention of Section 3
BEFORE: WILLs, J. AND TAYLOR, J. (2) of the Motor Vehicles Insurance
B. F. Dias, Attorney Gen- (Third Party Risks) Ordinance, 1947,
eral for Appellant for not disqualifying the defendant-res-
pondent from holding or obtaining a
0. R. Sylvester for Res- licence under the Motor Vehicles and
pondent. Road Traffic Ordinance, 1940. The
191 April 17 19 25ourt having heard Counsel came to the
11 1, 1, conclusion that the arguments advanced
bJU MNT by the Attorney General for the Appel-
JUDGMENT lant in support of the grounds of appeal
The Judgment of the Court was read were unanswerable.
by Mr. Justice Wills, President of the IThe local Motor Vehicle and Road
Court. Traffic Ordinance 1940 and the Motor













156 SAINT VINCENT, TUESDAY, 16 MAY, 1961.-(No. 25.)


Vehicle Insurance (Third Party Risks) intended that special consideration was
Ordinance 1947 are taken from the to be shown to professional drivers or
English Road Traffic Act 1930 and the first offenders, they would have so
principles of law as administered in En- provided.
gland and judicial decisions on the law In the case under review there was
relevant to the appeal are also applic- no evidence of any 'special reason' and
able. in the case of Denis v. Tame 1954,
Section 3(2) of the Motor Vehicle In- 1 W.L.R. at 1338, Lord Goddard, C.J.,
surance (Third Party Risks) Ordinance had this to say: "If there are special
1947 reads: circumstances and the justices for cer-
(1) If a person acts in contravention tain reasons think fit not to impose a
of this section he shall be guilty of an penalty, they can grant a conditional
offence and shall on summary conviction discharge, but where there is no evidence
thereof be liable to imprisonment with of any special reasons which would justi-
hard labour for a term not exceeding fy them in refraining from imposing
thrde moliths or to a fine not exceeding disqualification, they must disqualify
fifty pounds or to both such imprison- because that is what the Road Traffic
imeat and fine and a person convicted of Act requires."
an offence under this section shall (un- This Court consider that the atten-
less the court for special reasons thinks tion of the magistrate should be drawn
fit to order otherwise and without pre- to the words "from the date of the con-
judice to the power of the Court to eviction" appearing in sec. 3 (2) of the
order a longer period of disqualification) Motor Vehicles Insurance (Third Party
be disqualified from holding or obtain- Risks) Ordinance 1947. Therefore-
ing a licence under the Motor Vehicles 1. the disqualification will have to
and Road Traffic Ordinance, 1940, for a date back to the conviction of the
period of twelve months from the date respondent on 26th November,
of the conviction. 1959:
The words used in the second half of 2. the minimum period of disquali-
the above-mentioned section are manda- fiction is twelve months and
tory and must be implemented except in without prejudice to the power of
a case where the convicted person es- the Court to order a longer period
tablishes a 'special reason' for the exer- of disqualification.
cise of the discretion of the Court. It As no special reasons, exist, the appeal
follows that the minimum period of dis- is allowed.
qualification as prescribed by law must The case must go back to the magis-
be imposed on conviction. trate with the direction to impose dis-
The Court in the exercise of its limited qualification for such period as is deemed
discretion and in order to refrain from fit.
imposing the disqualification must act
judicially and must not be moved by L. WILLS,
sympathy or other extraneous matters. (President of the Court)
The consensus of judicial opinion is G. L. TAYLOR.
that 'a special reason' is one which is
special to the facts of the particular case, SAINT VINCENT
that is, special to the facts which consti-
tute the offence. In other words it IN THE COURT OF APPEAL IN
must be a mitigating or extenuating cir- THE WINDWARD ISLANDS AND
cumstance not amounting in law to a LEEWARD ISLANDS.
defence to the charge, yet directly con-
nected with the commission of the offence APPEAL NO. 15/60.
and one which the Court ought properly S. A. ANDERSON (Chief of Police)
to take into consideration when impos- Appe
ing punishment. Appellant
A circumstance peculiar to the offen- vs.
der as distinguished from the offence is G N TH A
not a special reason.
R. V. Crossman (1939) 1 N.I. at p. Respondent.
106. BEFORE: WILLS, J. AND TAYLOR J.
In the leading case of Whital v. Kirby B. F. Dias, Attorney Gen-
(1946) 2 All England Reports at p. 555 eral for Appellant.
Lord Justice Goddard makes it quite
clear that the fact that a man is a Respondent in default.
first offender or that lie has committed 1961 April 19, 25.
no motoring offence for many years arel
reasons of the most general character JUDGMENT.
that can be well imagined. Every year
hundreds of first offenders are brought The following judgment was delivered
before Courts ......that had Parliament by Mr. Justice Wills:













SAINT VINCENT, TUESDAY, 16 MAY, 1961.-(No. 25.) 157


The respondent appeared before the I It would be well for magistrates to
Magistrate of the First District Couril understand that disqualification is.ipart
to 'answer two complaints made against of the punishment which the law hias
him by the appellant namely: prescribed for certain motoring offences
1. Using a motor cycle P. 58 on the and T adopt the words of Lord Justice
30th July, 1960 without having a Goddard, C.J., in the case of Williamson
licence-Contrary to Sec. 11 (1) a v.Wilson, 1947-1 All England Reports
Ordinance No. 20 of 1940. p. 306:
2. Using the said motor cycle on the "it is not for the justices to say that
said day without there being in a penalty which Parliament has im-
force a policy of third party risks posed is too severe and it cannot be
in respect of the said cycle. Con- pretended that there is any special
trary to Sec. 3 (1) Ordinance No. reason in this case for not imposing
28 of 1947. disqualification ..............
In view of this decision it is impos-
The defendant appeared in person and sible to suppose that magistrates will
pleaded guilty to the charges made any longer refrain from imposing the
against him and in each case the Magis- sentence of disqualification because
rate reprimanded and discharged the they think it is a severe penalty.
defendant-respondent. I repeat once more that it is not for
It is with respect to the case of having magistrates or for this Court to
the motor cycle without there being in question the wisdom of Parliament in
force a policy of third party risks In- imposing disqualification as a punish-
surance that the appellant has now ap- ment."
pealed. The appeal is allowed and the case
The ground of appeal reads thus: remitted to the Magistrate to impose
"that the decision is erroneous in a period of disqualification as from the
point of law in that the learned date of conviction having due regard to
Magistrate having convicted the re- the scheme and scope of Section 3 (2)
sonent aie to i the re- of Motor Vehicles (third party risks)
spondent failed to disqualify the re- Insurance Ordinance No. 28 of 1947.
spondent from holding or obtaining a
driver's permit for a period of one J. LITTLETON WILLS,
year the respondent not having shown (President of the Court.)
any special reasons to the contrary."
The magistrate made the following note TAYLOR J.,
which appears on record: (defendant) I entirely agree and only say what I
"explains that he was buying the cycle am about to say because the magistrate
from one Llewellyn and was trying it appears to have followed faulty reason-
out. He did not know if it was insured ing in arriving at a finding that the
but he knew that it was not licensedd" matters put forward by defendant con-
The explanation given by the relpon- i stituted special reasons.
dent can hardly be, said to be a sat's- In -this. case, the respondent pleaded
factory one; it is certainly not that of guilty to using a motor cycle on a pub-
a prudent man and is devoid of any lic road without. there being in force in
serious consideration. respect of the motor cycle third party
In clear and precise language Section insurance as isrequired by sec.'.3 (1) of
3 (1) of the Motor Vehicles (Third 'the Motor Vehicles (Third Party Risks)
Party Risks) Insurance Ordinance No. Ordinance 1947, Subsection (2) of sec.
28 of 1947 imposes an obligation upon 3 provides that in addition to any
each and every person who uses a motor punishment imposed for a.breach of the
vehicle on a public road to see that such provisions' of subsection (1) the Court
motor vehicle is covered by a policy of shall disqualify a driver found guilty
insurance or such security in respect of of such breach for one year at least from
third party risks as complies with the holding or obtaining a licence to drive
law. unless there are special reasons for not
This requirement is for the protection doing so.
of persons who may sustain injury or Subsection (2). is mandatory. The
become otherwise incapacitated by rea- Court is.given, a discretion but it is a
son of a motor vehicle, discretion which is circumscribed. It is
In the case under review I cannot hold confined to one category, the category of
that want or lack of knowledge can con- special reasons. As laid down in
stitute a 'special reason;' in the result, Whittal v Kirby (194Q). 2 All England
there was no 'special reason' before the Reports p. 552 and numerous other
magistrate for the exercise of any dis- cases a special reason for not imposing
creation on the question of disqualifica- disqualification must be special to the
tion. particular case under. consideration and
See the judgment in the case of not to the defendant. That is the rea-
Anderson Chief of Police vs. Benn, de- soi' must be special to the offence and
livered on 25th April, 1961. not to the offender.












158 SAINT VINCENT, TUESDAY, 16 MAY, 1961.-(No. 25.)


Apparently the respondent gave no another cycle and also that he believed
evidence but made the following state- his friend had for this reason kept his
ments (1) that he intended buying the policy of insurance in force. Refpon-
cycle from one Llewellyn and was dent's policy covered him while driving
merely trying it out, and (2) that al- 'his own or any other cycle but covered
though Llewelyn told him the cycle was no one else. Respondent however in his
not licensed he did not tell him it was evidence gave no .grounds for believing
not insured. either that his friend was going to buy
In English v. Jones (1951) 2 All another cycle or that he had kept his
England Reports p. 853 Lord Goddard, policy in force, but the appeals com-
C.J., at p. 854 in giving the judgment mittee thought he was an honest wit-
of the Court said:- ness and accepted his evidence as to his
S o a p o g belief and also apparently that he be-
"where on a plea of guilty or after lieed his own policy covered third
evidence has been heard, a defendant
ha been convicted of an offence fo party risks while his cycle was being
has been eonvited of uan offence for driven by his friend. It was held that
which the penalty of disqualification where an insured person neither in-
has been laid down by Act of Parlia- formed himself of the provisions of his
ment and he seeks to rely on special policy nor obtained advice as to what it
reasons for the non-imposition of dis- covered he had no reasonable ground
qualification, he ought to gino reasonable groundevi-
qualification he ought to giv ei- fr believing his policy covered some-
dence and the justices ought to hear thing which it did not and that belief
evidence on the point and not merely however honest cannot be regarded as a
to accept statements. This is highly special reason unless it is based on
desirable because the onus is on the reasonable grounds. In the case before
defendant to show special reasons why the Court the allegation apparently is
he should not be disqualified." that respondent assumed that his use
In the ease before this Court the of the cycle was covered by third party
magistrate accepted the facts set out in insurance merely because the owner had
the statement made by the respondent not told him it was not so insured, but
and held that they constituted special bad told him that a less important re-
reraons. From this the appellant has quirement of the law, i.e. licensing, had
appealed. not been complied with.
Clearly the fact that respondent was The reasoning is that someone who
merely trying out the cycle cannot be deems it necessary to inform a would be
a special reason. There remains the purchaser who is about to make a trial
question whether the failure of the own- run and the cycle he proposes to
er of the cycle to tell respondent that buy that it is not licensed would
the cycle was- not insured after telling be expected to add that it was also
him that it was not licensed can consti- not covered for third party insur-
tute a special. reason. This also is no ance if such were the case. This may be
special, reason; butas-1 hate said 1 desire so in many cases, but the flaw in this
to examine the reasoning behind this reasoning, as is so clearly illustrated in
statement- which. appears to have in- Rennison v. Knowler is that respondent
fluenced the magistrate and to draw his did nothing to inform himself of the true
attention, to, the case of Renmson v position, as it was his duty to do, and
Knowler( 1947) 1 A.E.R. p; .02. The therefore had no reasonable grounds for
reasoning behindA thi' statement is that his belief. Indeed mention that the
respondent is- asking the Court to hold cycle was unlicensed should have been a
that-he-.was justifed in concluding that reminder of the other requirements of
the cycle was- covered for third party the law. The assumption of respondent
insurance when the- owner, having told that a policy of insurance was in force
respondent:that the cycle was not liccn- was not reasonable. There was no
sed. made no. mention of third party in- semblance of reason to support it. Re-
surace. But was this. a reasonable spondent failed to make any effort to
conclusion for the respondent to arrive ascertain the true position even to the
at? extent of acquiring whether there was
In Remnison v Knowler the rcspon- third party insurance. Had respondent
dent was- the owner of a F mtor cycle, been iiifornmcd that there was third party
At the.material-time:it was being ridden insurance to cover his use of the cycle
by a friend while the respondent was this court might well have found it neces-
riding: pillion.. The friend had owned sary to .give a different decision. This
a motor- cycle and he mad responde r Court has not to decide that hypotheti-
wer accustomed to ride to work together eal case but certainly respondent would
on one- or- other- of- the cycles. The have been on firmer ground.
friend had sold his (yc ra ,, days I agree that this appeal must be al-
before the offence and qua-rter sessions lowed.
accepted the respondent's evidence
that he knew his friend was looking for G. L. TAYLOR. J.













SAINT VINCENT, TUESDAY, 16 MAY, 1961.-(No. 25.) 159


SAINT VINCENT (CIRCUIT)

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

On the 24th and 25th days of April, 1961 at the Court House, Kingstown St.
Vincent, before the Justices of Appeal, Joseph Lyttleton Wills Esq. and Greville
Laughton Taylor Esq.
APPEALS FROM THE MAGISTRATE COURTS.


Appeal


Results


Jonathan Jackson
vs.
Pam Haywood
by her father
Cadman Haywood


No. 1/1960 Chief of Police
vs.
Ezekiel Benn

No. 5/1960 Chief of Police
vs.
Noel Baynes


No. 13/1960



No. 14/1960



No. 17/1960



No. 18/1960



No. 21/1960



No. 22/1960



No. 23/1960


No. 26/1960



No. 27/1960


Eve Home
vs.
Wilmoth John

Nathaniel Dorset
vs.
Isola Marshall

Rosalie Alexander
vs.
Edith Samuel

Olga Samuel
vs.
Edith Samuel

Alexander Lavia
vs.
Denville Hoyte

Christian Lynch
vs.
Chief of Police

Egerton Richards
Vs.
Chief of Police

Samuel Webb
vs.
Chief of Police

Nathaniel Richards
vs.
Chief of Police


Appeal dismissed. Case struck out for
want of Jurisdiction. Costs $20.16 to
respondent.



Appeal allowed. Case referred to magis-
trate to impose disqualification. (See
Judgment written).

Appeal Struck out. Costs to respon-
dent in the sum of $10.08.


Appeal dismissed. Decision of magis-
trate confirmed. No order as to costs.


No appearance of parties. Case struck
out.


No appearance of parties. Case struck
out.


No appearance of parties. Case struck
out.


Appeal dismissed. Decision of sentence
by magistrate confirmed. Costs $10.08
to respondent.

Appeal dismissed. Conviction and sen-
tence by magistrate confirmed. No order
as to costs.

Appeal dismissed. Conviction and sen-
tence by magistrate confirmed. No order
as to costs.

Appeal dismissed. Magistrate's con-
viction and sentence confirmed. No.
order as to costs.

Appeal dismissed. Conviction and sen-
tence by magistrate confirmed. Costs
$10.08 to respondent.


H. M. SQURES,
Registrar Supreme Court.

PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[Price 30 cents.]


No. 16/1959




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs