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 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: November 12, 1963
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.
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Bibliographic ID: UF00077473
Volume ID: VID00733
Source Institution: University of Florida
Holding Location: University of Florida
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Resource Identifier: oclc - 19844741
lccn - sn 89018505
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Succeeded by: Government gazette

Table of Contents
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        Page 325
        Page 326
        Page 327
        Page 328
        Page 329
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        Page 331
        Page 332
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        Page 335
        Page 336
        Page 337
        Page 338
    Statutory Rules and Orders No. 33: The Law Revision (Preparation) No. 2 Order, 1963
        Page A-109
        Page A-110
Full Text














SAINT VINCENT


GOVERNMENT GAZETTE


VoL. 96.] SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1961. [No. 60.


GOVERNMENT


NOTICES.


No. 355.


VISIT OF ADMINISTRATOR TO BEQUIA.


His Honour SAMUEL HORATIO GRAEIAM, O.B.E., Administrator of
St. Vincent, left St. Vincent today on a visit to Bequia. His Honour expects
to return to the mainland on 19th November, 1963.
12th November, 1963.
(347.)





No. 356.


ADMINISTRATOR'S DEPUTY.


In pursuance of authority conferred upon him by the St. Vincent
(Constitution) Order in Council, 1959, His Honour the Administrator has issued
a Commission appointing EDWARD ATEXANDER BRATHWAITE, Esquire, Chief
Secretary, St. Vincent, to be Administrator's Deputy, St. Vincent, with effect
from 12th November,. 1963, and until further notice.





X
3-R 7Q9


~ub[ilihed 6~ ZZlnthoritM.










326 SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1963.-(No. 60.)


His Honour's Commission 'i published hereunder for general information.
12th November, 1963.
(347.)

By His Honour SAMUEL HORATIO GRAHAM, Officer of the Most Excellent
Order of the British Empire, Administrator of SAINT VINCENT,
[ L.S. ] issued under my hand and the Public Seal of the Island of SAINT
VINCENT at Government Office in the said Island of SAINT
VINCENT, this 12th day of November, One thousand nine hundred
and sixty-three.

S. H. GRAHAM,
Administrator.
To:

EDWARD ALEXANDER BRATHWAITE, Esquire,
Chief Secretary, Saint Vincent.

GREETINGS:

BY virtue of the power and authority vested in me by the SAINT VINCENT
(CONSTITUTION) ORDER IN COUNCIL, 1959, I do by this Commission under the
Public Seal of the Island of SAINT VINCENT appoint you the said EDWARD
ALEXANDER BRATHWAITE, Chief Secretary, St. Vincent, to be my Deputy within
the said SAINT VINCENT from on or about the 12th day of November, One
thousand, nine hundred and sixty-three and until further orders, and in that
capacity should the necessity arise for so doing, to exercise, perform and
execute for and on behalf of the Administrator of SAINT VINCENT during the
period recited, but no longer, all things that belong to the office of Administrator
of SAINT VINCENT according to the tenor of the SAINT VINCENT (CONSTITUTION)
ORDER IN COUNCIL, 1959, already recited or in other Orders in Council adding
to, amending or substituting for the same, and subject to the Royal Instructions
and other Instructions passed under the Royal Sign Manual and Signet to the
Administrator of the said SAINT VINCENT.

II. AND I Do HEREBY DIRECT that you the said EDWARD ALEXANDER
BRATHWAITE shall not continue to act as Administrator's Deputy after the
Administrator has arrived at the mainland of SAINT VINCENT or some other
Officer having prior right to so act or to administer the Government of SAINT
VINCENT has notified that he is about to assume it.

III. AND I Do HERERY REQUIRE and command all and singular Her
Majesty's Officers, Civil, Military, Naval, Air and otherwise, and all others
the inhabitants of the said SAINT VINCENT and all others whom it may concern
to take due notice thereof and to give their ready obedience accordingly.

COnMMISSION appointing

EDWARD ALEXANDER BRATHWAITE, Esquire,
Chief Secretary, St. Vincent,
To act as Administrator's Deputy in certain event.


No. 341. (a) For the use of the PRISON DE-
TENDERS FOR GOVERNMENT PARTMENT-
SERVICES
___SE S Breadfruit per lb.
Sealed Tenders will be received until Plantains ,, 100 lb.
3.00 p.m. on Saturday 30th Novem- Potatoes (sweet) ,, 100 Ib.
ber, 1963, for the supply to Government Tannias ,, 100 lb.
for the period 1st January to 31st Dec- Yams ,, 100 lb.
ember, 1964 of such quantities of the Processed local
undermentioned articles as may daily Cocoa ,, lb.
or otherwise be required: Kallaloo ,, lb.











SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1963.-(No. 60.) 327


For the use of any GOVERN- 5. If the rejected articles are not
MENT DEPARTMENT- removed within 9 hours from the time
notice shall have been given to the
Beef, fresh without Contractor, they will be returned to,
bone ...... per pound and at the expense of the Contractor;
Beef, fresh with provided that if the Contractor gives
bone ...... per pound such explanations as may be satisfac-
Soup bone ...... per pound tory to the Administrator, the expense
Processed local of such return shall not be charged.
Cocoa ...... per pound 6. Should the Contractor neglect or
Gasolene ...... per gallon refuse to replace rejected articles con-
Kerosene ...... per gallon tracted for at the time stated in the
Diesel Oil ...... per gallon requisition, the Head of Department
or officer in Charge, shall be at liberty
ders are to be addressed to the to purchase the said articles from other
nan, Tenders Board, Ministry of persons; and the difference between the
ce, and distinctly marked on the price paid for such articles and Ihe
pe (a) "Tenders for Supplies to contract price shall be deducted from
s" or (b) "Tenders for Supplies the next payment made to the Contrae-
vernment Departments". Printed tor.
will be issued on application at
will be issued on application at 7. The Head of Department or Offi-
in y of F e. cer in Charge may, if he should deem
delivery charge should be it necessary, purchase articles of perish-
on the Tender separate from the able food such as bread, meat, etc. at
price of the commodity. once to replace rejected articles.
Government does not bind itself 8. All fresh meat contracted for
ept the lowest or any tender, and must be slaughtered in the Slaughter-
es the power of accepting an.y house, in Kingstown.
f a tender. 9. If the Contractor should persist
thing in any contract which may in such irregularities as stated in para-
tered into will be considered a.
ered into will be considered as graph 6, the Administrator shall have
ng the right of the Governmene the power to terminate the contract im
)ort at any time any articles it mediately or at such time as r ay ap-
equire notwithstanding such sup- pear to him proper and convenient.
contracted for locally.
attention of parties tendering is 10. The Contract may be termin-
attention of parties tendering is ated at any time by one month's notice
ularly directed a the o theen s being given either by the Contractor to
which will be binding th the Administrator or by the Adminis-
which will be binding on them. trator to the Contractor.


CONDITIONS OF CONTRACT.
1. The contract to be from 1st Janu
ary, to 31st December, 1964.
2. The Contractor undertakes to de
liver at his own expense into the Storcs
of Institutions the articles placed oppo-
site his name at the price stated, onc
such days, at such times, and in such
quantities as may be stated on the re-
quisitions of the Head of the Depart-
ment or Officer in Charge.
3. Every article supplied must be of
a sound, good quality, and no articht
is to be substituted for the one requisi-
tioned for without the consent of the
requisitioning officer first being obtained.
4. Any articles considered by the
Head of Department or Officer in
Charge to be of inferior quality may be
rejected by him, and shall be immedi
ately removed and replaced by the Cnn-
tractor at his own expense without any
allowance being made to him for such
articles.


Ministry of Finance,
5tf Nnvomber, 1963.
(C.M.F. 252.)
(C.M.2. 19).


No. 342.
TENDERS FOR THE SUPPLY OF MILK.

Tenders are hereby invited, and will
he received up to 3.00 n.m. on Saturday
30th November, 1963, for the supply of
fresh whole milk to the following Gov-
prnment Institutions for the year
1964:-
Colonial Hospital, Kingstown (in-
eluding Extension Hospital).
Nurses' Hostel, Montrose.
Lewis Punnett Home for the Aged
Poor, Glen.
Leper Asylum, Fort Charlotte.
Mental Hospital, Calliaqua.


Ten
Chair
Finan
envelo
Prison
to Go7
forms
the Mi
Any
stated
actual
The
to acci
reserve
part o:
Not]
be ent
affect
to iml
may r
ply is
The
partici
of con
notice











328 SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1963.-(No. 60.)


2. The average daily requirements No. 344.
will be:-


Colonial Hospital and
Nurses Hostel -412 Imperial Pints
Lewis Punnett
Home 35 ,, ,
Leper Asylum 3 ,
Mental Hospital 84 ,, ,,

3. The milk must contain not less
than 3 percent of fat and 81/2 percent
of non-fatty solids and is to be delivered
in good condition at the institution
concerned. The contract will be ter-
minable by three months' notice on
either side.
4. Tenders are to be addressed to
the Chairman, Tenders Board, Ministry
of Finance, and the envelopes are to be
marked "Tenders for the Supply of
Milk."
5. Any delivery charge should be
stated on the Tender separate from the
actual price of the commodity.
Ministry of Finance,
5th November, 1963.
(C.M.F. 112).



No. 343.
TENDERS FOR SUPPLY OF FOOD YEAST
BISCUITS.

Tenders are hereby invited and will
be received until 3.00 p.m. on Saturday
30th November, 1963 for the supply of
Food Yeast Biscuits to the Education
Department during the year 1964.
The estimated requirements have
been placed at 1,350 tins per annum
and the supplier must guarantee to
supply 450 tins at the beginning of
each term and to deliver same in good
condition at Primary Schools on the
mainland and Grenadines as directed
by the Education Officer.
Any delivery charge should be stated
in the Tender separate from the actual
price of the commodity.
Tenders are to be addressed to the
Chairman, Tenders Board, Ministry of
Finance and the envelopes sealed and
marked "Tenders for the supply of
Food Yeast Biscuits".
Government does not bind itself to
accept the lowest or any tender.
Ministry of Finance,
5th November, 1963.
(C.M.F. 332.)


MOTOR CAR SERVICE.


Sealed Tenders are invited for the
provision of motor cars for the convey-
ance of public officers -during 1964.
The Tenders submitted should con-
tain particulars of the charges proposed
to be made for waiting. Rates sub-
mitted should not exceed those con-
tained in Statutory Rules and Orders
No. 35 of 1959.
The contract will be terminable by
one month's notice on either side, and
the person to whom the contract is
awarded will be required to enter into
a bond with Government for the satis-
factory performance of the contract.
Tenders close at 3 p.m. on Saturday
30th November, 1963 and should be
addressed to the Chairman, Tenders
Board, Ministry of Finance, Kingstown,
and distinctly marked on the envelope
"Tenders for Motor Car Service".
Government does not bind itself to
accept the lowest or any tender.
Ministry of Finance,
5th November, 1963.
(C.M.F. 260.)



No. 345.
TENDERS FOR THE SUPPLY OF UNIFORMS
FOR GOVERNMENT MESSENGERS.

Tenders are invited for supplying
and making khaki uniforms for Gov-
ernment male Messengers for the period
1st January to 31st December, 1964.
2. The khaki used must be of the
same shade and texture for each uni-
form, and samples should be submitted
with the tender.
3. The number of messengers is 28
and two uniforms consisting of long
trousers and short sleeved shirts with
two flap pockets and shoulder straps
will be required in each case.
4. Tenders, which will be received
up to 3 p.m. on Saturday 30th Novem-
ber, 1963, must be sealed and addressed
to the Chairman of the Tenders Board,
Ministry of Finance, Kingstown, and
distinctly marked on the envelope,
"Tenders for the Supply of Uniforms
for Government Messengers".
5. Government does not bind itself
to accept the lowest or any tender.
Ministry of Finance,
5th November, 1963.
(C.M.F. 14.)











SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1963.-(No. 60.)


No. 357.
OBITUARY.

His Honour the Administrator has
learnt with deep regret of the death
of Mrs. AILEEN FOx, District Nurse,
Barrouallie, which occurred on 4th
November, 1963.
12th November, 1963.
(336.)


No. 358.
LEGISLATION.

The undermentioned Ordinance which
has been assented to by His Honour the
Administrator is published with this
issue of the Gazette:-


No. 21 of 1963.-An Ordinance
their to amend the Hotels
Ordinance, 1954.


fur-
Aid


12th November, 1963.
(T.P. 483.)

No. 359.
The following Document is published
with this issue of the Gazette:-

S.R. & O. No. 33.-The Law Revision
(Preparation) No. 2 Order, 1963.
12th November, 1963.

No. 360.
SUPPLEMENTS TO GAZETTE

Copies of the Minutes of the Third
Sitting of the Fourth Session of the
Legislative Council held on 3rd Octo-
ber, 1963 which may be seen at Govern-
ment Office, the Kingstown Library,
and at all Revenue Offices are published
with this issue of the Gazette.
12th November, 1963.

No. 361.
The Balance Sheet of the St. Vincent
Co-operative Bank for the period ended
31st January, 1963, is published with
this issue of the Gazette.
12th November, 1963.

No. 362.
VACANT POST.

POST OP CLERK/TYPIST, PRISONS
DEPARTMENT, ST. VINCENT.

Applications are invited for the post
of Clerk/Typist, Prisons Department.
The post is non-pensionable. Salary


scale $1,032 x $72-$1,248/1,344 x
$84-$1,512. Point of entry into the
scale will depend on the candidate's
qualifications and experience. Further
information may be obtained from the
Superintendent of Prisons, Prisons
Department.
2. Applications stating age, qualifi-
cations and experience should be sub-
mitted, along with two recent testimo-
nials, to the Chief Secretary, Govern-
ment Office, not later than 18th Novem-
ber, 1963.
By Command,

E. A. BRATHWAITE,
Chief Secretary.

GOVERNMENT OFFICE,
12th November, 1963.


DEPARTMENTAL AND
OTHER NOTICES.

DEPARTMENT OF AGRICULTURE

COCOA DEVELOPMENT
INDUSTRY.

Distribution of Rooted Cuttings of
Selected Strains of Trinidad and
Grenada Cacao for Planting
in 1964

1. Persons desirous of obtaining
rooted cacao cuttings from the cacao
stations for planting in 1964 should
apply on the forms provided for that
purpose entitled:
"Application Form for Rooted Cacao
Cuttings progagated for Distribution
by the Cacao Industry Development
St. Vincent".
2. Application forms are obtainable
at the Head Office, Department of
Agriculture, Kingstown, or from any
of the District Agricultural Officers.
3. Application forms should be for-
warded to the Superintendent of Agri-
culture, Department of Agriculture,
Kingstown, on or before 16th December,
1963.
4. Applications for Rooted Cacao
Cuttings received after 16th December,
1963 will neither be acknowledged nor
considered.
5. A charge of ten (10) cents per
plant will be made plus transportation
at fifty (50) cents per mile for a truck
load of plants delivered to a point as
near as possible to the site at which they
are to be planted. This refers to total
mileage to and from the site. Payment
must be made at Head Office, Agricul-
tural Department before the cuttings
will be supplied. Estates will be ex-











330 SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1963.-(No. 60.)


pected to arrange their own transport. NUTMEG AND COFFEE PLANTS
Replacement of dead plants up to 10%
of the original given out will be supplied There will be a limited number of
at the rate of ten cents (100) per plant. nutmeg and coffee seedlings for distri-
Any supplies required above this per- bution during 1964.
centage will be charged for at the rate Anyone wishing to obtain plants for
of 200 per plant. 1964 should apply on the same applica-
6. N.B. The conditions under which tion form for rooted cocoa cuttings
rooted cuttings will be issued are as deleting the words "rooted cocoa cut-
follows:- tin .s for planting" and substituting
(i) The area selected by an appli- instead "nutmeg plants" or "coffee
cant will be inspected by an authorised plants".
officer as soon as possible after the re- Application forms are obtainable at
ceipt of the application for the purpose the Head Office, Department of Agricul-
of determining the suitability of the site ture, Kingstown or from any district
in regard to altitude, soil type, wind Agricultural officer. Completed forms
protection and other ecological and en- should be forwarded to the Super-
vironmental conditions. The applicant intendent of Agriculture, on or before
will then be notified whether or not the 31st December, 1963.
area is approved for planting cacao. As guide to the number of plants
(ii) If for stated good reasons the which should be used per acre, recom-
area is declared to be unsuitable for mended spacings are as follows:-
planting cacao, no allocation of plants Nutmeg-15' X 15' at planting.
will be made to the applicant. (These are later thinned out to 30' X
(iii) If the area is declared suit- 30' apart).
able, an authorized officer will inform Coffee-9' apart X 3'-4' in the row
the applicant what minimum action is or 6' X 6' on the square pattern.
required of him by the Department of A charge of 8 per plant will be made
Agriculture in regard to provision of for the nutmeg and 5 per plant for the
overhead shade, ground shade, wind- coffee.
breaks, soil conservation measures, soil Nutmeg cultivation is recommended
preparation, etc. The Agricultural for areas where profits from bananas
Department will render all necessary is marginal either through difficulty in
advice and guidance in this connection. extracting fruit, or where destructive
(iv) The minimum area for which annual windstorms cause repeated
plants will be issued will be that which damage to bananas.
will contain one hundred and fifty The cultivation of coffee on a large
(150) rooted cuttings planted at a scale for export is not recommended
spacing of 12 ft. x 12 ft. in a single due to large surpluses in the world
block, the equivalent of one-half (1/) market. However, there is much room
of an acre. for expansion to meet local require-
(v) The area to be planted will be ments for coffee beans at prices which
re-inspected by an authorised officer are profitable.
immediately before the proposed date of
delivery of the plants in order to ascer- HUGH S. McCONNIE,
tain whether all conditions have been Superintendent of Agriculture.
satisfactorily fulfilled, and whether the O r 193
area is in a suitable state of preparation 26th October, 1963.
for planting.
(vi) Authorised officers of the De- ELECTION NOTICE.
apartment of Agriculture will make
periodical inspections of the planted
areas as often as may be considered BEQUIA DISTRICT COUNCIL.
necessary for the purpose of observing
field conditions, the development of the Notice is hereby given that in accord-
young plants and advising growers on ance with S.R. & O. No. 48 of 1957 of
the care and management of the young the Bequia District Council (Election of
plants. Members) By-Laws, the four Presiding
7. Applicants are advised to take Officers will be in attendance at their
advantage of the information and guid- respective Polling Stations in the four
ance freely offered by the Agricultural Wards of the Island of Bequia on Mon-
Officers, thereby ensuring that they start day 25th November, 1963, from 10.00
off correctly on the road to revival of a.m. to 2.00 p.m. to receive Nominations
our Cocoa Industry. for the Election of Four Members to
HUGH S. McCONNIE, serve on the Bequia District Council for
Superintendent of Agriculture. the term commencing 1st January, 1964
25th October, 1963. and ending 31st December, 1965.


L











SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1963.-(No. 60.)


(2) The retiring Members Messrs. SAINT VINCENT.
Cyprian John, Ward 1, Claude Peters,
Ward 2, and Cyril Mitchell, Ward 4 IN THE SUPREMI
are eligible for re-election. WI_ NATW A Tm T


(3) Should a Poll be required it wil
be taken at the four Polling Stations ii
the Wards on Monday 2nd December
1963, from 9.00 a.m. to 12.00 noon anc
from 1.00 p.m. to 5.30 p.m.

(4) The location of Polling Statiom
in the various Wards and the Presiding
Officers are as follows:-

Ward 1. Town Hall, Port Elizabeth.
Mr. Floris Simmons.

Ward 2. Mr. Edrick Harris' Resi-
dence, Hamilton, Mr. Sylvester
Sargeant.

Ward 3. Mr. Rudolph Phillips'
Residence, Belmont, Mr. Conrad
Francis.

Ward 4, Post Office Building, Paget
Farm, Mr. Claude Hazell, J.P.

W. N. TENNIS,
Clerk and Returning Officer.

2nd November, 1963.


POLICE NOTICE.



AUCTION SALE.



The following articles will be put up
for sale by Public Auction at Police
Headquarters, Kingstown on Thursday
14th November, 1963 at 11 a.m.

Two Wrist Watches
One dark blue lady's rain coat
One lady's neck chain
One lady's wrist watch
One pair gent's black shoes
One wood-sawyer's saw
9 shirts
1 tin Hubbucks
Two sacks fertilizer
Two pony tail combs
Ten packs Viceroy cigarettes
Nine packs Pall Mall cigarettes
Ten small glasses
One large empty bottle
Three glasses
One funnel
One bottle strong rum
One Tractor tyre


29th October, 1963.


E COURT OF THE
QT A TT A nT-


LEEWARD ISLANDS.
A.D. 1963.


SUIT No. 23/62
UNITED TRADERS LTD.
AND
ALBY PAYNE


-Plaintiff


-Defendant


NOTICE is hereby given that on
Saturday, 16th November, 1963, be-
tween the hours of 12.00 o'clock noon
and 3.00 p.m. there will be put up for
sale at the Court House in Kingstown
the undermentioned goods and chattels,
the property of the above named defen-
dant ALBY PAYNE, levied upon by vir-
tue of a writ of seizure and sale issued
in the above suit:-
1 Alarm Clock
1 China Closet
1 Waggon
1 G.E.C. Refrigerator
6 Sitting Chairs
4 Morris Chairs
2 Morris Rockers
1 Dining Table
1 (Mahogany) Cabinet

Dated this 23rd day of October, 1963.

D. A. NILES,
Acting Deputy Registrar
Supreme Court.
Registrar's Office,
Kingstown,
St. Vincent.


SAINT VINCENT

IN THE SUPREME COURT OF THE
WINDWARD ISLANDS AND
LEEWARD ISLANDS
A.D. 1962

SUIT No. 67/62


COREA & Co. LTD.
and
ELIJAH JAMES


-Plaintiff


-Defendant


NOTICE is hereby given that on
Saturday the 30th November, 1963
between the hours of 12.00 o'clock noon
and 3.00 p.m. there will be put up for
sale at the Court House in Kingstown
the undermentioned goods and chattels,
the property of the above-named de-











332 SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1963.-(No. 60.)


fendant, Elijah James, levied upon by
virtue of a writ of seizure and sale
issued in the above suit:--

One wooden house with one bedroom,
roof covered with shingles, situated
at Byera Hill.


Dated this 9th day of November,
1963.
I). A. NILES,
Acting Deputy Registrar
Supreme Court.

Registrar's Office,


Kingstown,
St. Vincent.



SAINT VINCENT

IN TIE MAGISTRATE'S COURT
SECOND DISTRICT


(CIVIL JURISDICTION)



SrrT No. 217/63

B BETWEEN


ALFRED MCLEAN

A S

ANTHONY ST. JOHN


-Plaintiff


-Defendant


It is notified for general information
that the undermentioned chattel, the
property of the above named defendant,
and levied upon by virtue of a Writ of
Seizure and Sale issued in the above
suit, will be put up for sale by Public
Auction at the Court House, Kings-
town on Saturday 30th November, 1963
at 1.30 in the afternoon.

That is to say:-
1 Erres Radio

Dated this 28th day of October, 1963.
C. E. A. RAWLE,
Magistrate.

Magistrate's Chambers,
Kingstown,
St. Vincent.


IN TIIZ BRITISH CARIBBEAN
COURT OF APPEAL

TERRITORY: ST. VINCENT

CRIMINAL APPEAL NO. 1 OF 1963


(1) CLEMENT NANTON
(2) HIZIKIAH LONDON
(3) LENNIE BYNOE
(4) ALLAN LAWRENCE
(5) SYDNEY POPE
(6) SONNY FRASER
(7) ENVY PITT


THE QUEEN

BEFORE :--

Sir DONALD JACKSON
Sir KENNETI STOBY
Mr. Justice F. E. FIELD


--(Appellants)


--President
Justices of
Appeal


1963. August 13th.
November, 2nd.

NoREIAN associated with PHILLIPS and
ADAMS for the Appellant.
FREDERICK for the Crown.

JUDGMENT

FIELD J.

This is an appeal by 7 persons against
conviction and sentence on a charge of
wounding with intent. The incident
out of which this case arose took place
on 2nd February, 1963. A strike of
workers at Mt. Bentinck sugar factory
and estate was in existence at the time.
On the 2nd February on" Child the
owner of an adjoining estate and
director of Mt. Bentinek with his over-
seer Alleyne along with 5 cane cutters
went to a field referred to as No. 9
Field at Mt. Bentinck to cut canes.
This action on their part was obviously
intended to break the strike. A large
crowd assembled in the public road
near No. 9 Field. This crowd was es-
tinated at between 150 to 200 persons
by various witnesses. Many, if not
most of them, were members of the
Union which had called the strike.

Child and Alleyne and the 5 cutters
had driven up in a jeep on to an estate
road between No. 9 Field and a playing
field or park of the estate. Prepara-










SAINT VINCENT, TUESDAY, 12 NOVEMBER; 1963.--(No. 60:} 333
.3 .. ,


tions were got under way for cutting
canes by the 5 cutters. The jeep wa:
left in this road and on the,jeep was a
loaded revolver and a .microphone or
loudhailer as some termed it. Child
had taken with him into Field No. 9 E
shotgun with four cartridges loaded
into it. On seeing the crowd start tc
approach the Field No. 9 Child sent
Alleyne to the jeep for the loudhailei
which Alleyne brought to him. Child
spoke to the crowd through the loud-
hailer exhorting them not to come intc
the cane field as his workers wanted
to work. He also asked them to be
peaceful. Alleyne continued to bring
the jeep into the Field. Meanwhile
from amongst the crowd of 150 to 200
a smaller crowd of 40 to 50 persons led
by the appellants Pitt, Bynoe, London
and Lawrence continued their advance.
They were armed with sticks, stones
and lengths of wire rope. Child had
loaded a cartridge into the barrel of
the gun. This was a semi-automatic
gun and cannot be discharged if a
cartridge is not in the barrel. This
was about the time this crowd was
nearing the jeep. This crowd passed
the jeep and came towards Child.
Lawrence took the gun from Child and
dropped it on the ground. Bynoe took
it up and hit Child with it on his head.
The others then started to attack Child
with such weapons as they carried.
Apparently other members of the
crowd apart from the 7 appellants
also joined in this attack on Child.
Having attacked Child they then
turned their attention to Alleyne who
had unsuccessfully tried to move the
jeep from where it had originally been
parked into Field No. 9, but the con-
dition of this ground prevented him
from so doing. Alleyne had tried to
rescue the revolver from the jeep but
was attacked by the crowd before he
could get away from the jeep. In this
attack he seemed to have lost the
revolver. Apparently Pope got shot
during this Alleyne incident and
Alleyne was prosecuted but was
acquitted. It would seem that the
attack first started on Child and then
on Alleyne and perhaps at some time
both were being attacked simul-
taneously. After Child and Alleyne
had been rendered hors de combat they
were left lying on the ground. Deputy
Chief of Police Roberts drove up and
took them to hospital. Pope who had
also been injured had been taken by
jeep driven by Lawrence to hospital.

Child received extensive injuries and
wounds as described by the doctor and
was in a very shocked condition on
arrival at hospital. There is no doubt


that his, wounds resulted from the acts
s of some or. all of. the persons who
i attacked him as previously described,
Including the 7 appellants.

L There was no evidence that Child or
SAlleyne attempted to shoot or shot at
any of the crowd: nor was there any
evidence that either Child or Alleyne
separately or jointly threatened by
word or act any member of this crowd
with the shotgun or revolver respect-
Sively, apart from the incident, as de-
posed to by Child himself, of having put
a cartridge into the barrel when the
crowd was advancing but was yet some
little distance away. He explained
that this was done as he (Child) was
apprehensive of dynamite being thrown
at him or them, as dynamite had been
thrown at the Factory and if this was
done to him he would have to retaliate.
That was the substance of the evidence
for the prosecution at the close of the
case for the prosecution. Defence
Counsel submitted there was no case
to answer apparently on the grounds
that the injuries to Child were not
proved to be wounds. The trial judge
recalled the doctor and also recalled
other witnesses to further identify the
accused. It was also submitted that
what was done was in self defence.
The submission of no case was properly
overruled. The accused gave evidence
or made statements and some called
witnesses.

London gave evidence and stated
that he was picketing as the strike was
on since the 1st February, 1963 at Mt.
Bentinck factory and field. He des-
cribed seeing Child with a gun and
Alleyne in the jeep go to the Field
where they got up and stood next to
each other, Child with the gun and
Alleyne with revolver-that Child told
Alleyne to shoot. He denied having
any stick or stones and did not attack
Child as he had no time to go into the
Field. He admitted in cross examina-
tion that he -aw Pope fall in the range
and not in the canefield. He also ad-
mitted getting within 10 to 15 yds. of
Child but denied entering the canefield.
As chairman of the Georgetown Branch
of the Union which called the strike he
stated he did not know anyone in the
crowd when Deputy Chief of Police
Roberts arrived.

Bynoe on oath stated he was not
there but arrived after all was over.
He is Superintendent of road workers
and was so employed 1/4 mile away at
the time and date mentioned. Two wit-
nesses were called to support this alibi.











334 SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1963.-(No. 60.)


Lawrence on oath stated that he was
not present but came upon the scene
after it was over. He never saw Child
and did not take away the shotgun
from Child. Pitt on oath stated that
he was not present and indeed had
never seen Child until he came into
Court.
Nanton in his statement from the
dock consisting of seven words said he
did nothing.
Pope also in his statement from the
dock said he did nothing but got shot.
Fraser in his statement from the dock
said he knew nothing about wounding
Child.

The grounds of appeal after some
were abandoned and others amended
or additional grounds added with leave
are:-
1. The learned trial judge inter-
ferred unduly with the conduct
of the case for the prosecution
by-
(a) Himself calling witnesses
Aletha Collins, Lester Smith
and Robert O'Garro and
leading evidence against the
accused after the prosecu-
tion had declared its case to
be closed.
(b) Recalling t h e witness
Sydney Gun-Munro to lead
evidence on the material
issue of the injuries sus-
tained by the prosecutor
after the close of the case by
the prosecution and after
the submission of no case to
answer by the defence in
that particular issue.
(c) Recalling the witness Goul-
bourne Alleyne and putting
questions to him about an
injury which evidence was
immaterial to the charge and
could only result in preju-
dicing the minds of the jury.
2. The direction of the learned trial
judge on the question of self
defence amounted to a with-
drawal of self defence as a pos-
sible defence open to the accused.

3. That the learned trial judge
failed to put the defence ade-
quately to the jury.

4. That the learned trial judge
failed to distinguish sufficiently
his directions in law from his
own opinions on the facts of the
case.


5. That the learned trial judge mis-
directed the jury on the law
which constituted an attempt to
assault in the particular circum-
stances of the case.

The particulars of misdirection were
set out.
The main ground argued was that
the direction of the learned trial judge
on the question of self defence
amounted to a withdrawal of self
defence as a possible defence open to
the accused.

The passage in the summing up
which it is said amounted to a with-
drawal of self defence is as follows:

"Now I think Mr. Norman is in
some difficulty in his defence. He
mentioned self defence but all
these men tell you that they were
not in the canefield they were in
the road. It does not matter who
wound Child if you are satisfied
that these men aided and abetted,
they would still be guilty. If you
believe that the person who wound
Child did it in self defence a per-
son who wounds in self defence is
not guilty. But we have no evi-
dence about anybody wounding
Child. If somebody had told you
that Tom Jones wounded Ian Child
then you might say he did it in
self defence. But none of these
men tell you they went on the field.
These men in their statements to
the police-and you would have to
consider their unsworn statements.
Nanton told you he knows
nothing and you must conclude
that he did not go in. I am
wondering if I am correct in say-
ing that none of the accused had
told you that he went in the cane-
field; and none said who wound
Child, who struck him. They
knew nothing about it. So how
could you have self defence when
none of them was attacked. As-
suming that you come to the con-
clusion that Ian Child was wound-
ed, then somebody wounded him;
but according to the accused, noth-
ing happened. Mr. Norman has
put it to you that they acted in
self defence, but you will have to
be attacked in order to wound in
self defence. I do not see where
it comes in; but it is a matter for
you."

Counsel contended that the Jury
might have disbelieved those, appel-
lants who said they were not present










SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1963.-(No. 60.) 335


and disbelieve the appellant London him by the simple process of taking the
that he did not strike any blow but ac- gun from him and dropping it on the
cepted that portion of London's evi- ground and then started to beat him,
dence when he said "While I was there first with the very gun and then with
I saw Alleyne with a revolver and Ian the instruments they were carrying.
Child said "Shoot Alleyne" and immed- there was cogent evidence that promi-
iately Alleyne started to fire. He fired nent among the ringleaders were Pitt,
four shots and with the last shot I London, Bynoe and Lawrence, whilst
heard a remark and looked and saw the other three appellants also joined
Sydney Pope going down on his face." in the attack on Child. All of them
It is generally accepted that a jury were members of the Union which had
is entitled to believe part of a witness's called the strike and some were officers
evidence and reject part of it. But in the Union. There can be no doubt
since a Judge cannot tell what view of that the actions of these men were in-
the facts the jury will take the most he tended to prevent Child and his men
can do is to explain the law bearing in from working, and if need be to resort
mind that a summing up is not a dis- to force to accomplish this, which, in
sertation of the law and that only what fact, they did do. There was no evi-
is relevant need be explained to the dence that Child or Alleyne threatened
jury. violence to any member of the crowd
j apart from an allegation by London
We are conscious of the decision in (who never entered the field as he also
R. v. Roberts 28 C.A.R. 102. In that says) that he heard Child tell Alleyne
case the Court of Criminal Appeal held to shoot. Assuming the Jury believed
that although the only defence raised London that he heard Child tell Alleyne
at the trial of the prisoner on a charge to shoot and that Alleyne did shoot the
of murder was accident-that the gun only other evidence of the incident was
was accidentally fired-yet as there was that Child and Alleyne were beaten after
evidence that the prisoner's act was they were disarmed. London did not
dangerous and negligent, the jury say that on hearing the order to shoot
should have been directed that man- he and others rushed at Alleyne to
slaughter was a possible verdict. In defend themselves or that Child and
other words the prosecution's case of Alleyne were beaten as the crowd had
a deliberate killing could be rejected. reasonable grounds for believing they
The defence of an accidental killing were going to be shot. If all the prose-
could be rejected and a verdict of man- caution evidence is ignored and London's
slaughter returned on the ground that believed the most that can be said is
there were facts which could establishhat Child and Allee were beaten
a killing through criminal negligence. after four shots were fired. Child
That being the correct approach we allowed his shotgun to be taken from
return to the evidence to see whether him. lie had spoken to them through
there was any material which if ac- the loudhailer exhorting them to leave
cepted by the jury a verdict of not his men alone and to be peaceful. He
guilty on the ground of self defence made no resistance to his g-n being
could be returned. taken from him and hi,; act of loading
the cartridge into the breach was not
It is true that Child had a loaded followed by any threat by words or
shotgun and Alleyne whom he sent to acts such as pointing the gun at anyone.
the jeep a second time had tried to get This act of putting a cartridge was ex-
out of the jeep with a loaded revolver. plained. The crowd of 20 to 25 were
They were both at Mt. Bentinck cane all armed with sticks, stones and
field which was private property and lengths of wire rope. As stated earlier,
were pursuing their lawful purpose of apart from some allegation by London
trying to get canes reaped, in spite of of Child telling Alleyne to shoot which
a strike, as they were perfectly entitled was not confirmed by any prosecution
to do in law although persons experi- or defence witness, there was no evi-
enced in modern labour relations recog- dence or not sufficient evidence from
nise that an official strike by a recog- which one could reasonably infer that
nised trade union necessitates a cessa- the appellants collectively or individu-
tion of work until the dispute is re- ally apprehended violence to any or all
solved by conciliation or in the last of them. Nor could any reasonable
resort by Government. A crowd inference be drawn that the appellants
variously put at 150 to 200 many of individually or collectively had a
whom were armed with sticks, stones reasonable though mistaken belief of
and lengths of wire rope approached violence being done to any or all of
the field and a smaller group from this them which would make it necessary to
crowd similarly armed entered into the eot to oe deend themselves.
cane field where Child was, disarmed resort to force to defend themselves.











336 SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1963:-(No. 60.)


The question of any attempt tb as-
sault, presumably by Child, could at
the very most only have arisen from
the act of Child putting a cartridge in
the breach when the crowd was some
distance off. As soon as he was dis-
armed-and disarmed he was-and
without any act on his part which could
support an attack on the crowd, any
question of self defence and the amount
of force that may reasonably be used
did not arise. The acts of his attackers
were obviously done in furtherance of
their concerted attack upon Child.
They were in great numbers, they were
armed, they had left the public road
together and entered the canefield, in
spite of Child's request not to do so and
to be peaceful they came on. All their
acts were obviously a result of a com-
mon understanding amongst them (in-
cluding the 7 appellants.) to prevent
Child and his men from cutting canes
and if need be by resorting to the use
of unlawful means such as assault or
similar offence to carry out their com-
mon intention.
In any event putting the facts at
their very highest for the defence and
assuming that the act of Child in load-
ing a cartridge into the breach amount-
ed to an assault or an attempted assault
which would cause in the appellants or
any of them a reasonable apprehension
of intended violence from which there
was no escape having regard to the
nature of the fire-arm, so as to entitle
one or more or all of them to use such
force as was necessary or reasonable
in the circumstances, to prevent bodily
injury to themselves, the evidence
clearly shows that the first act on their
part was to disarm Child without any
show of resistance or aggression on his
part. At that point there ceased to be
any apprehension of violence (if there
was ever such apprehension). It is to
be clearly remembered that none of the
accused in their evidence on oath or in
their statements from the dock, ever
said that they apprehended any
violence by Child or by Alleyne and
there was no other evidence from which
this could reasonably be inferred. It
was abundantly clear that having dis-
armed him they then proceeded to beat
him.
But there is another ground on
which the appellant's argument fails.
It is this. The Judge did not with-.
draw self defence from the jury.
Early in his summing up he said:
"If you come to the conclusion that
the accused acted in self defence,
they would not be guilty. One ac-.
cused said he was not there at all.
If you are satisfied that the accused


acted in self defence you must return
a verdict of not guilty; because "a
man is entitled to defend himself and
he need not wait until the blow is
struck because he might never be
able to strike back after the blow is
struck. And of course if you are
doubtful whether it was done in self
defence it is your duty to return a
verdict of not guilty; because the
prosecution has to satisfy you beyond
all reasonable doubt."

and later he said:

"As I have told you self defence has
been put up to you, but I suggest in
the circumstances of this case there
can be no question of self defence."

In the passage on which the argu-
ment is founded the Judge after com-
menting on the fact that none of the
appellants admitted striking Child
said "I do not see where it (self de-
fence) comes in but it is a matter for
you." So the Judge did leave self de-
fence to the jury although as we have
shown it is difficult to see on what facts
the jury could have returned a verdict
of not guilty on the ground of self
defence.

A further ground of appeal was that
the learned trial judge interferred un-
duly with the conduct of the case for
the prosecution by calling witnesses
Aletha Collins, Lester Smith and
Robert O'Garro and leading evidence
against the accused after the prosecu-
tion had closed its case. The learned
trial judge did not call these witnesses
as fresh evidence; they had given evi-
dence for the prosecution but were re-
called by him after a submission that
accused were not properly identified.
The doctor Gun-Munro who had also
given evidence was recalled by the
learned trial judge to explain what he
meant by a wound. The trial judge
has a discretion to recall any witness
at any stage of the case before he con-
cludes his summing up if the justice of
the case so requires. This is a discre-
tion which rests with the Judge and
which he must exercise having regard
to established principles, and having
done so there is nothing to indicate that
he proceeded on any wrong principle.
It was quite proper for the learned
trial judge to have recalled these wit-
nesses and elicited the evidence as he
Idid. Counsel for the defence was
given the opportunity of asking any
questions arising out of the evidence
so adduced and availed himself of that
right.










SAINT VINCENT, TUESDAY, 12 NOVEMBER,, 1963.-(No.: 60.) 337


The cases of (1) R. v. McKenna 40 quent "leading" to the jury as suggest-
C.A.R. p. 65 ed, it would have been better that the
(2 p. v. S n 16 prosecution was in more experienced
(2) R v. Sullivan 16 hands. We hope this will not be over-
C.A.R. 121 looked on future occasions.
are authority for what was done. On For the reasons stated the appeals
the question of recalling witness of the seven appellants against their
Alleyne during defence counsel's convictions are dismissed. There was
address this is not supported on the a ground of appeal against sentence,
record and learned counsel for the but as learned counsel for the appell-
appellants did not attach any import- ants neither referred to this nor to two
ance to it before us-if it did happen. additional grounds which he was given
There was no defence raised on the leave to file, it was assumed that these
evidence which it could he said that i were therefore abandoned.


the learned trial judge failed to put to
the jury. A careful examination of the
summing up does not reveal that any
confusion could arise from the way the
learned trial judge stated the facts or
expressed his opinion.
In concluh-ion we would like to say
that having regard to the number of
persons involved, the political back-
ground and the necessity for a careful
analysis of the evidence and it subse-


The sentences are accordingly con-
firmed.

(Signed) DONALD JACKSON
President.

(Signed) KENNETI STOBY
Justice.


(Signed) F. E. FIELD
Justice.


ST. VINCENT (CIRCUIT)

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

Results of Appeals from Magistrate Courts heard before their Lordships
Mr. Justice Field Ag. Chief Justice. President and Mr. Justice E. A. Heyliger,
and in the afternoon Mr. Justice Taylor, at the Court House, Kingstown on
the 2nd day of November, 1963.


Case.


Result.


MORNING SESSION.


No. 20/1962.
Duff James
vs.
The Chief of Police

No. 7/1962
David Phillips
vs.
The Chief of Police

No. 21/1962
Roosevelt Collins
vs.
The Chief of Police

No. 28/1962
Euton Paul
vs.
The Chief of Police

No. 29/1962
Albert Leslie
vs.
The Chief of Police


Appeal allowed. Conviction quashed.
Sentence set aside. Costs awarded
$15.00 to Appellant.


Appeal dismissed. Sentence confirmed.
Appellant to pay Respondent $15.00
costs.


Appeal allowed. Conviction and sen-
tence set aside. Costs awarded to Ap-
pellant.


Appeal dismissed. Conviction and sen-
tence, affirmed. $15.00 to be paid by
Appellant.


Appeal allowed.
tence set aside.
$15.00.


Conviction and sen-
Cost to Appellant











338 SAINT VINCENT, TUESDAY, 12 NOVEMBER, 1963.-(No. 60.)


Case.


Result.


AFTERNOON SESSION.


No. 36/1962
Anthony St. John
vs.
The Chief of Police

No. 37/1962
Walter Baptiste
vs.
The Chief of Police

No. 39/1962
Stanley Ackie
vs.
The Chief of Police


Appeal allowed. Conviction
and disqualification set aside.


sentence


Appeal allowed. Conviction and sen-
tence set aside. No order as to costs.


Appeal allowed.
tence set aside.
Appellant.


Conviction and sen-
$15.00 costs to the


H. M. SQUIRES,
Registrar Supreme Court.


2nd November, 1963.


ST. VINCENT (CIRCUIT)

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

Results of Appeals from Magistrate Courts heard before their Lordships
Mr. Justice Taylor, President and Mr. Justice Heyliger at the Court House,
Kingstown on Monday the 4th day of November, 1963.


Case


Results.


No. 11/1962
Steadman Adams
vs.
The Chief of Police

No. 43/1962
Beatrice Woodley
vs.
Ivan Guy

No. 10/1962
Nella Sutherland
vs.
Hillary Sutherland


No. 35/1962
Munro Nedd Judgement of Messrs.
vs. Justices Taylor & St.
The Chief of Police Bernard. Delivered by
Mr. Justice Taylor.


Appeal Allowed.
tence set aside.
to Appellant.


Conviction and sen-
$15.00 Costs awarded


Appeal dismissed. Decision affirmed.
$25.00 costs to Respondent.



Appeal allowed.


Appeal allowed. Convic-
tion and sentence quashed.
Costs to Appellant. $15.00
costs.


No. 55/1962
Rallie Latham
vs.
Estelita Richards


Appeal dismissed.
and confirmed.


Decision remains


H. M. SQUIRES,
Registrar Supreme Court.





















SAINT VINCENT.
JAN 29 1964
STATUTORY RULES AND )ORD tJA

1963, No. 33.


THE LAW REVISION (PREPARATION) NO. 2 ORDER, 1963.


(Gazetted 12th November, 1963).


1. Short Title. This Order may be cited as the Law Revision (Prepara-
tion) No. 2 Order, 1963.

2. Appointment of date in accordance with provisions of section 3 (1) of
Ordinance No. 1 of 1962. The 31st day of December, 1963, is hereby appointed
the date for the purpose of sub-section 1 of section 3 of the Law Revision
Ordinance 1962 (No. 1 of 1962).

3. Cancellation. The Law Revision (Preparation) Order, 1963 (S.R. & O.
1963, No. 11), is hereby cancelled.


Made by the Administrator in Council under the authority of section 3 of
the Law Revision Ordinance, 1962, (No. 1 of 1962) this,7th day of November,
1963.

GABRIEL V. BONADIE,
Acting Clerk of Executive Council.

PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 4 cents. ]
1963.





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