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Title: Saint Vincent government gazette
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Permanent Link: http://ufdc.ufl.edu/UF00077473/01008
 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: June 18, 1968
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: VID01008
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

Table of Contents
    Main
        Page 209
        Page 210
        Page 211
        Page 212
    Statutory Rules and Orders No. 23: The West Indies Associated States Court of Appeal Rules, 1968
        A-97
        A-98
        A-99
        A-100
        A-101
        A-102
        A-103
        A-104
        A-105
        A-106
        A-107
        A-108
        A-109
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        A-111
        A-112
        A-113
        A-114
        A-115
        A-116
        A-117
        A-118
        A-119
        A-120
        A-121
        A-122
        A-123
        A-124
        A-125
        A-126
        A-127
        A-128
        A-129
        A-130
        A-131
        A-132
        A-133
        A-134
        A-135
        A-136
        A-137
        A-138
        A-139
        A-140
        A-141
        A-142
        A-143
        A-144
        A-145
        A-146
        A-147
        A-148
        A-149
        A-150
        A-151
        A-152
        A-153
        A-154
        A-155
        A-156
        A-157
        A-158
        A-159
        A-160
        A-161
        A-162
        A-163
        A-164
        A-165
        A-166
        A-167
        A-168
        A-169
        A-170
        A-171
        A-172
        A-173
        A-174
        A-175
        A-176
        A-177
        A-178
        A-179
        A-180
        A-181
        A-182
        A-183
        A-184
        A-185
        A-186
        A-187
        A-188
        A-189
        A-190
        A-191
        A-192
        A-193
        A-194
        A-195
        A-196
    Statutory Rules and Orders No. 24: The Agricultural Workers Wages Regulation Order, 1968
        A-197
        A-198
    Statutory Rules and Orders No. 25: The Domestic Servants' Wages Regulations Order, 1968
        A-199
        A-200
Full Text



209


SAINT VINCENT


GOVERNMENT GAZETTE


Subhlishjb btn Antlbrit .


VOL. 101.] SAINT VINCENT, TUESDAY, 18 JUNE, 1968. [No. 39.


GOVERNMENT NOTICES.

No. 112.
HER MAJESTY THE QUEEN'S
BIRTHDAY

The following telegramns were ex-
changed between the Administrator
and the Secretary of State for Con-
monwealth Affairs on the crcasion ol
Her Majesty's Birthday:-
From Administrator to Secretary of
State for Commonwealth Affairs.
Grateful if you would convey with
our humble duly to Her Majecsty
The Queen loyal Greetings of Gov-
ernment and people of St. Vincent
on the occasion of officiall observ-
ance of Tier Majesty's Birthday

From Secretary of State for
Commonwealth Affairs.
Your message of greetings has
been laid before The Queen. 1 am
commanded by Her Majesty to -on-
vey to you and through you to the
Government and people of St. Vin-
cent an expression of Her since
thanks and appreciation for your
kind nmesage of loyal greetings on
the occasion of Her Birthday
Government lose,
St. Vincent, W.T.
14th June. 19(i8.


No. 113.
RETURN OF ADMINISTRATOR FROM
THE SOUTHERN GRENADINES.

With reference to Gazette Notice
No. 108 of 10th June, 1968, His Honour
IIYWEL GEORGE, C.M.G., O.B.E., Ad-
ministrator of St. Vincent, returned to
St. Vincent on 12th June, 1968.
18th June, 1968.
(347.)


No. 102.
VACANT POSTS.
PosT OF BAILIFF, INLAND REVENUE
DEPARTMENT.

Applications are invited for the
vacant post of Bailiff, Inland Revenue
Department.
The post is pensionable with salary in
tle scale: $1,392, $1,392/$1,536 x $84-
$1.872 x $96-$2,160/$2,280 x $120-
$2,760 x $144--$3,624.
The duties of the post are mainly con-
cerned with the collection of Arrears of
Tax in accordance with standing regula-
tions.
Travelling allowance is payable in
accordance with local regulations.
Further particulars of the post can be
obtained from the Comptroller of Inland
Revenue. Kingstown.











210 SAINT VINCENT, TUESDAY, 18 JUNE, 1968.-(No. 39.)


Applications, supported by two recent
testimonials and birth certificate must
reach the Establishment Officer, Estab-
lishment Division, Kingstown not later
than 22nd June, 1968.
4th June, 1968.

No. 114.
POST OF OVERSEER OF ROADS, PONDS
AND WELLS, SOUTHERN GRENADINES


Applications are invited to
vacant post of Overseer of
Ponds and Wells, Southern
dines.


fill the
Roads,
G ri a-


The post is non-pensionable and car-
ries salary in the scale $900 X $36-
$1,080 X $60-$1,380.
Consideration will be give to
plicants who have attained reason-
able standard of post-primary educa-
tion and who have some experience
in the supervision and management of
labour gangs.
Further particular, of the post can
be obtained from the District Officer,
Southern Grenadines.
Application,; supported by birth
certificate and two recent testimonirN
should he addressed to the District Offi-
cer, Union Island, Southern Grenadines
to reach him not later than 24th June,
1968.
18th June, 1968.



No. 115.
LEGISLATION.

The following Documents are pub-
lished with this issue of the Gazette:-

S.R. & O. No. 23.-The West Indies
Associated States Court of Appeal
Rules, 1968.

S.R. & O. No. 24.-The Agricultural
Workers Wages Regulation Order,
1968.

S.R. & O. No. 25.-The Domestic Ser-
vants' Wages Regulation Order,
1968.

By Command,

J. V. ALVES,
Chief Minister's Ofice.
Permanent Secretary,

CHIEF MINISTER'S OmF E,
ST. VINCENT.
18th June, 1968.


DEPARTMENTAL AND
OTHER NOTICES.

POLICE NOTICES.

THIE OWNERS OF PUBLIC
SERVICE VEHICLES, GOODS
VEHICLES AND TRAILERS
(II.T. & T. PLATES).

'The attention of persons who own
the type: of vehicles mentioned above
is drawn to the provisions contained
in Regiilitions 20 and 21 and all
amendm1on, thereto of the Motor
Vehiclee. & Road Traffic Regulations
1959, whereby no licence may be issued
or renewed for such vehicles unless
the inspector certifies that the vehi-
cle conplie, -; th all the provisions of
:he Ordinance and of these regula-
tions.
The Tnspe~enr of Motor Verheles
will be available at Police Head-
quarters daily from 9.00 a.m. to 3.00
p.m. except on Sundays and Public
Holidays, o10 ensure that all the above-
mentioned celices of vehicles are in-
spected and are roadworthy before
:31st July, 1968.
Regulation 20 (6) requires that
these vehicles are examined twice
annually, that is before 30th day of
June and 31st day of December, in
each year.
WARNING
Vehicles which have not been pre-
sented for inspection or if presented
have not passed the examination by
31st July, will be taken off the road.

S. A. ANDERSON,
Chief of Police,
&
Licensing Authority.
14th June. 1968.



STOP SIGNS

It is promulgated for the information
of all concerned that STOP SIGNS are
erected at the following points along
Commercial Street, Georgetown:-
Commercial and Regent Street
Commercial and Church Street
Commercial and Cambridge Street
Commercial and Market Street
Commercial and unnamed Street at
Cobeau Town
As there appears to be some misunder-
standing, drivers and riders of motor
vehicles are reminded that they are re-




















SAINT VINCENT, TUESDAY, 18 JUNE, 1968.-(No. 39.)


quired to Stop the vehicle and shall not
move the vehicle or cause the same to
be moved to the road junction next
ahead until they have satisfied them-
selves that it is safe to do so.
The practise of only stopping if an-
other vehicle is approaching is a contra-
vention of the law and anyone so offend-
ing is iiab,e to be prosecuted.

S. A. ANDERSON,
Chief of Police
&
Licensing Authority.

5th June, 1968.



The attention of Owners of vehicles
bearing "T" and "II.T." plates and
builders of wooden bodies to these vehi-
cles is once again drawn to the Motor
Vehicle and Road Traffic Regulations
S.R. & O. No. 35/59 Sections 21 (2) &
(3) which reads as follows:-
(2) The Motor Vehicle or trailer shall
not exceed seven feet six inches in
overall width.
(3) Except with the permission of the
Licensing Authority no vehicle
shall have a lateral overhang of
more than six inches or a longi-
tudinal overhang of more than
fifty inches.
Owners and builders are hereby re-
quested that before wooden bodies are
:I.:!t to the above-mentioned types of
vehicles, to call at the Traffic Office, Cen-
tral Police Station where they will be
advised accordingly.


Vehicles built outside the specifica-
tions and dimensions of the above-men-
tioned Regulations will not be passed by
the Motor Vehicle Examiner.

S. A. ANDERSON,
Chief of Police,
&
Licensing Authority.
rthli June, 1968.


VACANT POST OF LIGHTHOUSE
KEEPER AND SIGNALMAN,
SIGNAL STATION.

Applications are invited for the
vacant post of Lighthouse Keeper and
Signalman at the Signal Station, Fort
Charlotte.
The Signal Station operates on a
twenty-four hour basis and the success-
ful applicant will be required to work
on an eight hour shift system.
The post is at present non-pension-
able and salary will be paid in the Scale
MS 2-3 i.e.-$1,200 x $60-$1,620 x $84
-$1,788.
Applicants must state age and educa-
tional qualifications.
Applications should be forwarded to
the Port Officer, Port and Marine De-
partment, Deep Water Wharf, Kings-
town, and should be received not later
than the 21st June, 1968.

G. LISLE FRASER,
Port Officer.
24th May, 1968.









212 SAINT VINCENT, TUESDAY, 18 JUNE, 1968.-(No. 39.)

NOTICE.

UNDER THE LIQUOR LICENCES ORDINANCE NO. 11 OF 1948

It is hereby notified for general information that the QUARTERLY
LIQUOR LICENSING SESSION will be held in the undermentioned Parishes
for the purpose of hearing applications from New Applicants in their re-
spective Parishes, for the granting of Certificates in accordance with the
provisions of the Liquor Licences Ordinance, No. 11 of 1948, at the times and
places stated hereunder:-


Parishes
St. Andrew & St. George

Charlotte

St. Patrick

.St. David

The Grenadines (Bequia)

The Grenadines (Canouan)

The Grenadines (Union Island)


Time and Place of Session
At the Court House, Kingstown on
Saturday, 29th June, 1968 at 9.00 a.m.
At the Court House, Georgetown on
Monday, 17th June, 1968 at 9.15 a.m.
At the Court House, Barrouallie on
Wednesday, 26th June, 1968 at 9.15 a.m.
At the Court House, Chateaubelair on
Thursday. 27th June, 1968 at 10.00 a.m.
At the Court House, Bequia on Friday,
2lst June, 1968 at 10.00 a.m.
At the Court House, Canouan on Fri-
day, 14th June, 1968 at 10.00 a.m.
At the Court House, Union Island on
Friday, 28th June, 1968 at 10.00 a.m.


Notices of intention to oppose the grant of any Certificates stating in
general terms the grounds of opposition, must be served upon the applicant
and upou the Magistrates not later than seven days before the date fixed for the
holding of the Licensing Session.
S. A. BROWNE,
and
L. A. D. WILLIAMS,
Magistrates

PARTICULARS OF APPLICANTS FOR NEW CERTIFICATES


Parishes Names of Applicants Occupation


Residence Situation of
Premises


St. Andrew Garvin Llewellyn
and
St. George, Irma Paynter
SAlban Bailey
SDaphnie Sayers

Renwick Rose
*Beltran Moffard
Cleve Browne
Egerton Richards
Eleina Cadougan

Charlotte Elton John
Cyril Liverpool
Branford John
Henry Edwards
Charles James
Fred Horne
Louise Corke

St. David *Samuel McKie
*Walter Patterson


Shopkeeper

Bartender
Stevedore
Shopkeeper

Teacher
Shopkeeper
Proprietor
Farmer
Housewife



Shopkeeper
Carpenter
i -
Carpenter
Shopkeeper


Proprietor


Kingstown

Kingstown
K/town Hill
Fairbairn
Pasture
Stoney Ground
Belmont
Peniston
Brighton
Upper Stubbs

Mt. Pleasant
Georgetown
Bridgetown
Overland
Chapmans
SMt. Greenan
Georgetown


Lower Middle
St.
Grenville St.
Sharpe Street
Fairbairn
Pasture
Stoney Ground
Middle Street
Peniston
Market Square
Upper Stubbs

Mt. Pleasant
Georgetown
Bridgetown
Overland
Chapmans
Mt. Greenan
Georgetown


Chateaubelair Chateaubelair
Spring Village Sprinl Village


Transfer of name of Licencee.
Magistrate's Office, S. A. BROWNE,
Kingstown. L. A. D. WILLIAMS,
4th June, 1968. Magistrates.


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




















SAINT VINCENT

STATUTORY RULES AND ORDERS,

1968, No. 23.
WEST INDIES ASSOCIATED STATES COURT OF APPEAL
RULES 1968

(Gazetted 18th June, 1968).

TABLE OF CONTENTS
PART I
PRELIMINARY
Rule
1. Short title commencement and revocation.
2. Application.
INTERPRETATION
3. Interpretation.

PART II
APPEALS GENERALLY
4. Forms in Appendices A and C to be used.
5. Tiaics of sittings and vacation.
Days on which Central Registry is to be closed.-
Days on which sub-Registries are to be clubs
6. Notice of sittings'.
7. Right of audience. .
8. Register of appeals brought.
9. Enlargement of time and depart e roi Rules. \
10. Service of documents.
WAIVER FOR NON-C M IA CE
11. Waiver for non-compliance with Rule

PART III
CIVIL APPEALS FROM THE HIGH COURT
NOTICES OF APPEAL, CROSS-APPEAL AND PRELIMINARY OBJECTION
12. Notice and grounds of appeal.
13. Appeal by leave only.






















98

14. Time limits for appealing.
Extension of time for appealing.
15. Service of notice of appeal.
16. Notice by respondent of contention that judgment should be varied.
17. Amendment of notice of appeal and of respondent's notice.
18. Notice of preliminary objection to be filed.

THE RECORD
19. Settling record of appeal.
20. Evidence.
21. Copies of proceedings in court below.
22. Printing or typing of record.
23. Copy of list of exhibits.
24. Entering appeal.
Transmission of the record.
WITHDRAWAL AND NON-COMPLIANCE.

25. Withdrawal of appeal.
26. Default in filing record and documents.
APPLICATIONS.
27. Applications to single Judge.
28. Applications to Judge of court below.
29. Mode of application.
30. Appeal no stay except by order.
31. Application for security for costs.
Bond.
32. Application for leave to appeal in forma pauperis.
HEARING AND JUDGMENTS.
33. Dismissal of appeal in default of appearance.
34. Application to re-enter appeal dismissed under rule 33.
35. Non-appearance of respondent.
36. Application to set aside cr part judgment.
37. Execution of judgment by court below.

FEES AND COSTS.
38. Court fees.
39. Legal practitioners' fees.
























40. Fees of interpreters, commissioners etc.
41. Taxation of costs.
Objections to taxation.
Review of taxation by Taxing Officer.
PART IV
APPEALS AGAINST CONVICTION ON INDICTMENT
INSTITI TION OF APPEALS.
42. Obligation on appellant to fill up forms of appeal notices and answer
questions thereon.
43. Judge's certificate under regulation 21 (b).
44. Notices to be signed by appellant.
Signature on notices of appeal and other notices.
Service of documents on person in prison.
Where appellant unable to write.
Where question of insanity involved.
Notice, etc., on behalf of corporations.
45. Time for appealing against conviction or sentence to run from sen-
tence.
46. Notice of application for extension of time for appealing.
COPIES OF PROCEEDINGS, ETC.
47. Forwarding of proceedings in court below to Registrar.
48. Records of summing-up.
Shorthand note to be verified by the writer.
Transcript to be furnished on application of Registrar.
Verification of transcript for use of Court.
Party interested may obtain transcript.
Party interested may obtain transcript from Registrar.
Definition of "party interested"
Transcript of shorthand notes not to be supplied free except by an
order of Court.
JUDGE'S REPORT.
49. Report of Judge of Court below.
50. Furnishing Judge of court below with materials for report.
COPIES OF DOCUMENTS FOR USE OF APPELLANT OR RESPONDENT.
51. How appellant or respondent may obtain from Registrar of court
below copies of documents or exhibits.
Counsel and solicitor assigned to an appellant may receive copies of
documents and exhibits free on request.
Appellant not legally represented may obtain copy of documents or
exhibits free.























CONDUCT OF PROSECUTION AND DEFENCE
52. Registrar to notify Director of Public Prosecutions or prosecutor, if
a private person, of receipt of notice of appeal.
Prosecutor to afford all information, documents, etc. to Registrar and
Director of Public Prosecutions.


LEGAL AID TO APPELLANTS.

Lists of counsel and solicitors for purposes of the Act.
Legal aid to be provided from such lists.

PROCEEDINGS BEFORE A SINGLE JUDGE.
54. Procedure on decision of application to single Judge.
Application not specially provided for, how made.
Solicitor's right of audience.
55. Notice of application for leave to appeal to be notice of appeal if
application granted.

SUSPENSION OF ORDERS AND ADMISSION TO BAIL.

56. When fine imposed on conviction to be retained pending appeal.
Person in custody in default of payment of fine, deemed to be person
sentenced to imprisonment.
Power of Court of trial to impose recognizances.
Appellant committing breach of recognizance.
Repayment of fine on success of appeal.
57. Temporary suspension of orders made on conviction as to money,
awards, costs, etc.
Suspension of disqualifications consequent on conviction.
Judge's directions as to property of convicted person pending appeal.
Judge's directions as to securing payment of money by convicted
person pending appeal.
Suspension of order of destruction or forfeiture of property.
Suspension of proceedings or claims consequent on conviction.
Person affected may appear.

PROCEDURE ON APPLICATION FOR BAIL. RIGHT OF SURETIES.
ESTREAT OF RECOGNIZANCES.

58. Appellant and surety's recognizances before whom to be taken.
Appellant and prison officer to receive notice of terms of bail.
Form of recognizances.























Registrar on receiving recognizance in due form to notify officer
of prison to release appellant.
Presence of appellant on bail at hearing of his' appeal.
Warrant for apprehension of appellant on bail.
Varying order for bail.
Power to revoke order for bail.
Provisions for sureties discharging their obligations.
How appellant on bail to be dealt with on arrest at instance of sureties.
Arrest and commitment of appellant to be notified to Registrar by
clerk.
Officer in charge of prison on commitment of appellant to notify
Registrar.
ABANDONMENT OF APPEAL.
59. Abandonment of appeal.
DETERMINATION OF APPEAL.
60. Varying order of restitution of property.
61. Judgments of the Court.
62. Notification on final determination of appeals.
Notification of appeals in capital cases.
63. Notification of result of appeal.
Entry of decision of Court on records.
64. Restrictions on issue of certificate of conviction.
65. Return of original depositions, etc.
PROCEDURE AS TO WITNESSES BEFORE COURT AND
THEIR EXAMINATION BEFORE EXAMINER
66. Attendance of witness before the Court.
Application to Court to hear witnesses.
Order appointing examiner.
Furnishing examiner with exhibits, etc. necessary for examination.
Notification of date of examination.
Evidence to be taken on oath.
Deposition of witness-how to be taken.
Expenses of witnesses before examiner.
Presence of parties at examination of witnesses.
67. Proceedings on reference.
CASE STATED OR QUESTION OF LAW RESERVED UNDER
REGULATION 37 OF THE REGULATIONS,
68. Judge to forward special case to Registrar and copies to be supplied
to appellant and respondent.
These Rules to apply to convicted persons where case stated under
regulation 37.
























102

DUTIES OF REGISTRAR.

69. Duties of Registrar with respect to notices of appeal, etc.


COSTS IN CRIMINAL APPEALS.

70. Expenses payable to solicitor or counsel.
71. Expenses of witnesses.
72. Expenses of appearance of appellant.
73. Expenses of examiner.
74. Expenses of special commissioner or assessor.

PART V

APPEALS FROM DECISIONS OF COURTS OF
SUMMARY JURISDICTION

75. Appeals from Summary Courts. Modifications of rules.

PART VI

CRIMINAL APPEALS FROM MAGISTRATES' DECISIONS
76. Copies of notices and grounds of appeal to be filed.
77. Copies of proceedings, etc.

PART VII

APPEALS (OTHER THAN CRIMINAL APPEALS) FROM
MAGISTRATES' DECISIONS

78. Preliminary objection by respondent.
79. Evidence relating to preliminary objection.
80. Amendment of grounds of appeal.
81. 'opies of notice and grounds of appeal,
































APPENDIX A

Civil Forms.
APPENDIX B

PART I

Fees of Court in Civil Appeals from the High Court.

PART II

Legal Practitioners' Fees in Civil Appeals.

APPENDIX C

Criminal Forms.
APPENDIX D

Fees of Court in Civil Appeals from Courts of Summary Jurisdiction.

ADDENDUM

Text of regulations 21, 28, 35 and 37 of the Federal Supreme Court Regulations,
1958.





















105

WEST INDIES ASSOCIATED STATES COURT OF APPEAL
RULES 1968
The Chief Justice and two other judges of the West Indies
Associated States Supreme Court selected by him, in exercise
of the powers conferred upon them by section 17 of the West
indies Associated States Supreme Court Order 1967, and all
other powers hereunto enabling them, hereby make the follow-
ing Rules:

PART I
PRELIMINARY
1. (1) These Rules may be cited as the Court of Appeal Shorttitle
Rules, 1968. commencement
and revocation.
(2) Subject to the following provisions of this rule these
Rules shall come into operation on the first day of July, One
thousand nine hundred and sixty eight.

(3) The provisions of Part V of these Rules shall come
into operation in the States of Antigua, Dominica and St.
Christopher-Nevis-Anguilla respectively on the date when in
respect of each of the said States a law enacted by the Legisla-
ture of that State conferring jurisdiction upon the Court in
relation to appeals from the Court of Summary Jurisdiction of
that State comes into force as part of the law of that State.
(4) The provisions of Parts VI and VII of these Rules
shall come into operation in respect of a State on the date when
a law enacted by the Legislature of that State conferring juris-
diction upon the Cowrt in relation to appeals from Magistrates'
Courts comes into force as part of the law of that State.
(5) The Federal Supreme Court (Appeal) Rules, 1959,
are hereby revoked.

2. These Rule. shall apply to the States as' defined in Application.
Rule 3.

INTERPRETATION.
3. (1) In these Rules unless it is expressly provided to Interpretation.
the contrary or the context otherwise requires-
"alppellant" means the( party appealing from a judgment,
conviction, sentence or order and includes his legal
representative;





















106


"the Act" means the Act, Ordinance or other enactment
by which in any State jurisdiction is conferred upon
the Court in respect of appeals from the High Court
originating in that State, and until such enactment is
passed by the Legislature of a State includes the
Federal Supreme Court Regulations in so far as they
are in force in that State;
"Central Registry" means the Central Registry of the
Court situate in Grenada;
"Chief Justice" means the Chief Justice of the Supreme
Court;
"Court" means the Court of Appeal;
"court below" means the court from which the appeal is
brought;
"Courts Order" means the West Indies Associated States
Supreme Court Order 1967;
"Deputy Registrar" means any person appointed as such
under the Courts Order in respect of the State in which
an appeal is brought;
"Director of Public Prosecutions" means the Director of
Public Prosecutions of the State in which the appeal
is brought and, where the law of a State does not
provide for the office of Director of Public Prosecu-
tions, includes the Attorney General of that State;
"file means file in a Registry, and
"filed" and "filing" have corresponding meanings;
"Government Gazette" means, in relation to a State the
Gazette published by the authority of the Government
of the State and includes any supplement thereto and
any Gazette Extraordinary so published;
"HIigh Court" means the High Court established by section
4 of the Courts Order;
".Judge" includes the presiding officer of any court from
which an appeal lies to the Court;
"legal representative means any barrister, advocate, solici-
tor, attorney or legal practitioner admitted to practise
as such in any of the States whether or not he has the
right of audience in the Court;
"order" includes decree, judgment, sentence or decision
of a court below or a Judge thereof;
"party" means any party to the appeal and includes his
legal representative;




















107

"Prison Authority" means the head or person in charge of
Her Majesty's Prisons in the State in which the appeal
is brought and includes his deputy or other officer dis-
charging his duties;
"proper officer of the court below" means the Registrar of
the High Court in the State in which the appeal is
brought;
"record" means the aggregate of papers relating to an
appeal (including the pleadings, proceedings, evidence
and judgments) and required by these Rules to be
filed or laid before the Court on the hearing of the
appeal;
"Registrar" means the Chief Registrar of the Supreme
Court in his capacity of Registrar of the Court and
includes a Deputy-Registrar or other officer for the
time being discharging the duties of the Registrar or
Deputy-Registrar;
"the Regulations means the Federal Supreme Court
Regulations 1958;
"respondent" (a) in a civil appeal means any party (other
than the appellant) directly affected by the appeal;
(b) in a criminal appeal where the Crown is not an
appellant, means the person who under the provi-
sions of any law of the State in which an appeal
is brought has the duty of appearing for the
Crown or who undertakes the defence of the ap-
peal;
"State" means any of the following with its dependencies
(if any), that is to say-
Antigua,
Dominica,
Grenada,
Saint Christopher, Nevis and Anguilla,
Saint Lucia, and
Saint Vincent;
"sub-Registr. means a sub-Registry of the Court situate
in a State;
"Supreme Court" means the West Indies Associated States
Supreme Court established by section 4 of the Courts
Order.
(2) Where in these Rules reference is made to a regula-
tion of the Federal Supreme Court Regulations and the Regula-
tions are not in force in a State such reference shall be construed
as a reference to the section of the Act which corresponds to
the said regulation.






















108


PART II

APPEALS GENERALLY
Forms in 4. The forns set out in Appendices A and C to these Rules,
Appendices or forms as near thereto as circumstances permit, shall be used
A and C
to be used. in all cases to which such forms are applicable.
Times of sittings 5. (1) Sittings of the Court shall be held at such times
and vacation, between the second day of September and the twenty-second day
of December and between the tenth day of January and the first
day of August in each year as the Chief Justice may direct.
(2) The Court will be in vacation from the twenty-second
day of December to the tenth day of January (both days in-
clusive) and from the first day of August to the second day of
September (both days inclusive) and between the Wednesday
before and the second Monday after Easter:
Provided that-
(i) in urgent cases applications may be heard and de-
termined during the vacations by the Court or a
single Judge thereof;
the Chief Justice may direct any sitting of the
Court to be held during the vacations for the pur-
pose of hearing criminal and civil appeals.
(3) The Court will not sit on Sundays and will not sit
in any State on days that are public holidays in that State, and
on such other days as the Chief Justice may direct.


Days on which
Central Registry
is to be closed.





Days on which
sub-Registries
are to be closed.


Notice of
sittings.


(4) The Central Registry of the Court shall be open on
every day of the year except Sundays, Good Friday, Easter Eve,
Monday and Tuesday in Easter week, Corpus Christi, Whit
Monday, Christmas Day and the next following working day,
and all other days appointed to be observed as public holidays
in the State of St. Vincent, from the hours of 9 a.m. to 4 p.m. ex-
cept Saturdays when the offices of the Registry will be closed
at 12 noon.
(5) Each sub-Registry of the Court shall be open on every
day of the year except such days on which the Registry of the
Iligh Court in the State in which such sub-Registry is situated
is closed.

6. (1) Notice of eer'h sitting shall be published by the
Registrar of the Court in the Government Gazette of the State
in w: ich each appeal arose 'it least one week before the date
appointed for the commencement of the sitting.





















109


(2) The Domity-Registrar shall on the publication of the
said notice in the 'Jovernment (azette post up on the notice
board of the Court the cause list of the sitting:
Provided that the Court may in its discretion hear any
appeal and deal with any other matter whether or not the same
has been included in such cause list so published.
(3) This rule shall not apply to the hearing of any
matter by a single Judge.

7. (1) In all proceedings before the Court, the parties may Right of
appear in person or be represented on appeal by any person who audience.
is entitled to practise as a barrister in the State in which the
appeal arose or is being heard.
(2) In all proceedings before the Registrar or the Regis-
trar of the court below, and in all preliminary and interlocutory
proceedings and applications except such as are heard before
the Court, the parties thereto may be represented and appear
by a barrister or by a solicitor entitled to practise in the State
in which the proceeding arose or is being heard.

8. (1) The Registrar and the Deputy-Registrar in each Register of
State shall keep separate registers of all 4ivil and criminal appeals brought.
appeals brought before the Court including in the criminal
appeal register notices of applications for leave to appeal.
(2) Each register shall contain particulars of the date
on which-
(a) the notice of appeal or of application for leave to ap-
peal was lodged;
(b) any interlocutor order was made;
(c) the record of the appeal was received:
(d) the appeal was heard;
(e) judgment was delivered.

9. Subject to the provisions of regulation 28 (2) of the Enlargement of
Federal Supreme Court Regulations (relating to the time within time and
which an annual may be brought in a capital case), and to departure
paragraph (3) of role 14 of these Rules, the Court may enlarge om ue
or abridge the time appointed by these Rules, or fixed by an
order enlarging time, for doing any act or taking any proceed-
ing, upon such terms (if any) as the justice of the case may
require, and any such enlargement may be ordered although the
application for the same is not made until after the expiration
of the time appointed or allowed, or the Court may direct a
departure from these Rules in any other way where this is
required in the interests of justice.






















110


Service of 10. Subject to any provision contained in these Rules
documents. relating to the service of any particular document-

(1) Service of the documents mentioned in the first
column hereunder shall be served by leaving a true copy
thereof in the manner specified in the second column:-


Column 1
(a) All documents required to
be served-

(i) on parties to an action
who have not filed an
address for service;
and
(ii) on a person not a
party to the appeal.
(b) All documents required to
be served on parties who
have an address for service.


Column 2
by personal service on the
party or his authorised agent,
or on the person not a party.


by leaving the document at
the address for service with
a person resident at or belong-
ing to such place; or by
registered post to such ad-
dress, in which case, the time
of service thereon shall be the
time such document would be
delivered in the ordinary
course of post.


(2) If it be made to appear to a judge of the court below
upon application supported by affidavit that prompt personal
service of a document cannot be effected he may make such
order for substituted service by advertisement or otherwise as
may be just.

WAIVER FOR NON-COMPLIANCE
11. Non-compliance on the part of an appellant in any
criminal cause or matter with these Rules or with any rule of
practice for the time being in force shall not prevent the further
prosecution of his appeal if the Court considers that such non-
compliance was not wilful, and that it is. in the interests of
justice that non-compliance be waived. The Court may, in such
manner as it thinks right, direct the appellant to remedy such
non-compliance, and thereupon the appeal shall proceed. The
Registrar shall forthwith notify the appellant of any direction
given by the Court under this rule where the appellant was not
present at the time when such directionss were given.


Waiver for
non-conipliance
with Rules.























PART III
CIVIL APPEALS FROM TIE HIGH COURT
NOTICE OF APPEAL, CROSS-AP PRELIMINARY OBJECTION

12. (1) All appeals shall be by way of rehearing and shall Notice and
he brought by notice (hereinafter called "the notice of appeal"), grounds of
appeal.
to be filed together with two copies thereof with the Deputy- Civil Form 1.
Registrar in the State in which the appeal is brought, which
shall set forth the grounds of appeal, state whether the whole
or part only of the decision of the court below is complained of
(in the latter case specifying such part), state also the nature
of the relief sought and the inames and addresses of all parties
directly affected by the appeal, and he signed by the appellant or
his legal representative.
(2) If the grounds of appeal allege misdirection or error
in law particulars of the misdirection or error shall be clearly
stated.
(3) The grounds of appeal shail set out concisely and
under distinct heads the grounds upon which the appellant in-
lends to rely at the hearing of the appeal without any argument
or narrative and shall be numbered consecutively.
(4) No ground which is vague or general in terms or
which discloses no reasonable ground of appeal shall be per-
mitted, save the general ground that the judgment is against
the weight of the evidence, and any ground of appeal or any
part thereof which is not permitted under this rule may be
struck out by the Court of its own motion or on application by
the respondent.
(5) The appellant shall not without the leave of the
Court, urge or be heard in support of any ground of objection
not mentioned in the notice of appeal, but the Court may in
its discretion allow the appellant to amend the grounds of appeal
upon payment of the fees prescribed for making such amend-
ment and upon such terms as the Court may deem just.
(6) Notwithstanding the foregoing provisions the Court
in deciding the appeal shall not be confined to the grounds set
forth by the appellant:
Provided that the Court shall not rest its decision on
any ground not set forth by the appellant unless the respondent
has had sufficient opportunity of contesting the case on that
ground.
(7) The said Deputy-Registrar shall send one copy of
the notice of appeal to the Registrar and the other copy to the
Registrar of the court below.





















112


Appeal by leave
only.
Civil Form 2.


Civil Form 3.
















Time limits
for appealing.


13. (1) Where an appeal lies by leave only, any person
desiring leave to appeal shall apply for leave within fourteen
days either by notice of motion or by summons (whichever is
appropriate) and such application shall be made to the Court
or to the court below or to the Judge who made the Order; the
period of fourteen days shall run from the date of the decision
against which leave to appeal is sought.
(2) If leave is granted the appellant shall file a notice
oF appeal as provided by rule 12 of these Rules within fourteen
days from the grant of leave ald a copy of the order granting
leave shall be alinexid to o ti, notice of appeal.
(3) Where an application has been refused by the court
below, an application for a similar purpose may be made to the
Court within seven days from the date of the refusal.
(4) If a respondent intends, upon the hearing of an
application brought under this rule, to apply for leave to appeal
in order to vary the decision of the court below, he shall within
seven days of the service upon him of the summons or notice
of motion (or within such time as may be prescribed by special
order made on application) give written notice of such inten-
tion 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 lie shall file a copy of such
notice with the Deputy-Registrar.
(5) If on the hearing of a motion or summons brought
under this rule the respondent is given leave to appeal in order
to vary the decision of the court below, it shall not be necessary
for him to comply with the provisions of rule 16 of these Rules.
(6) The provisions of paragraph (3) of rule 16 of these
Rules shall apply to a notice given under paragraph (3) of this
rule as it does to a notice under rule 16.
14. (1) Subject to the provisions of this rule, no appeal
shall be brought after the expiration of six weeks' from the date
of judgment delivered or order made, against which the appeal
is brought, provided that in the case of appeals-
(a) against an interlocutory order or judgment the period
shall be fourteen days, and where leave to appeal against such
order or judgment is required, fourteen days from the grant of
leave;
(b) against an order or judgment made in the matter of
the winding up of a company, or in the matter of any bank-
ruptcy, the period shall be twenty-one days.
(2) An appeal shall be deemed to have been brought
when the notice of appeal has been filed with the Deputy-
Registrar in the State in which such appeal arose.




















113


(3) Judge of the Court may by order extend the time Extension of
prescribed in paragraph (1) of this rule within which an appeal time for
may be brought, provided an application for this purpose is appealing.
made within one month of the expiration of the time so pre-
scribed.
(4) In exceptional circumstances, the Court having
power to hear and determine an appeal, may on application
extend the time within which an appeal may be brought although
the period delimited for an application to a Judge of the Court
under this rule has expired.
(5) Every application for enlargement of time when
made to a Judge of the Court shall be made by summons, and
when made to the Court shall be made by motion. Every sum-
mons or notice of motion filed shall be supported by an affidavit
seating forth good and substantial reasons for the application
and by grounds of appeal which prima facie show good cause
therefore.
(6) Two copies of the summons and supporting affidavit
and four copies of the notice oI motion and supporting affidavit
in addition to the filed copies, shall be left with the Deputy-
Registrar at the time of fiiing for transmission to the Registrar.
(7) When time is so cnlarged a copy of the order grant-
ing such enlargement shall be annexed to the notice of appeal.

15. (1) A true copy of the notice of appeal shall be served Service of
upon all parties direl tiy affected by the appeal and it shall not notice of
be necessary to serve any party not so affected; but the Court appeal.
may direct notice of appeal to be served on all or any parties
to the action or other proceedings, or upon any person not a
party and in the meantime may postpone or adjourn the hearing
of the appeal upon such terms as may be just, and may give
such judgment and make such order as might have been given
or made if the person: served with such notice had been origin-
ally parties.
(2) A true copy of the notice shall be served upon the
respondent within seven days after the original notice has been
filed.

Ifi. (1) If a respondent intends, upon the hearing of an Noticeby
appeal, to contend that thc decision of the court below should be respondent of
contention that
varied, he shall, within fourteen days after service of the notice judgment should
of appeal, or within such time as may be prescribed by special be varied.
order made on application, give written notice of such intention Civil Form 4.
to any parties who may be affected by such contention,
and in such notice shall clearly state the reason on which he
intends to rely, and within the same period he shall file a copy
of such notice with the Deputy-Registrar in the State in which
the appeal is brought.






















114


Amendment of
notice of appeal
and of
respondent 'a
notice.


Notice of
preliminary
objection
to be filed.
Civil Form 5.


Settling record
of appeal.
Civil Form 6.


(2) A copy of such notice shall be included in the record
but if the record has already been filed, the prescribed number
of copies shall be prepared forthwith and left with the Deputy-
Registrar in the State in which the appeal is brought by the
appellant for transmission to the Judges and the Registrar.
(3) The omission to give notice shall not diminish the
powers conferred upon the Court by the Act but may, in the
discretion of the Court, be a ground for an adjournment of
the appeal or for any special order as to costs.

17. (1) A notice of appeal or respondent's notice may be
amended-
(a) by or with the leave of the Court at any time;
(b) without such leave, by supplementary notice
served, before the date on which the appeal appears
in the cause list published in accordance with
rule 6 of these Rules upon each of the parties upon
whom the notice of appeal or respondent's notice,
as the -ase may be, was served.
(2) A party by whom a supplementary notice is served
under this rule shall, within two days after service of the notice,
furnish two copies of the notice to the Deputy-Registrar in the
State in which the appeal is brought.

18. (1) A respondent intending to rely upon a preliminary
objection to the hearing of the appeal shall give the appellant
three clear days notice thereof before the hea-ing setting out the
grounds of objection and shall file such notice together with
four copies thereof with the Deputy-Registrar in the State in
which the appeal is brought within the same time.
(2) If the respondent fails to comply with this rule the
Court may refuse to entertain the objection or may adjourn the
hearing thereof at the cost of the respondent or may make such
other order as it thinks fit.
THE RECORD


19. (1) The Registrar shall upon an appeal being brought
summon tile parties before him to settle the documents (which
expression shall include the order of the court below appealed
from and any other matter which may form part of the record)
to '-e included in the record and shall, whether any of the parties
attend the appointment or not, settle and sign and in due course
file a list of such documents.
(2) The said Registrar, as well as the parties, shall en-
deavour to exclude from the record all documents (more par-
ticularly such as are merely formal) that are not relevant to






















115


the subject matter cf the appeal and generally to reduce the
bulk of the record as far as practicable, taking special care
to avoid duplication of documents and unnecessary repetition of
headings and other merely formal parts of documents; but the
documents omitted to be copied shall be enumerated in a list
at the end of the record.
(3) If the said Registrar or any party objects to the
inclusion of a document on the ground that it is unnecessary or
irrelevant and the other party nevertheless insists upon its
being included, the document shall be included and the record
shall, with a view to the subsequent adjustment of the costs of
and incidental to the inclusion of such document, indicate in
the index of papers or otherwise the fact that and the party
by whom, the inclusion of the document was objected to.

20. When any questions of fact is involved in an appeal, Evidence.
the evidence taken in the court below bearing on such question
shall, subject to any special order of the Court, be brought
before the Court as follows:-
(a) as to any evidence taken by affidavit, by the production
of office copies of such affidavit;
(b) as to evidence taken orally, by the production of a copy
of the Judge's notes certified by the Registrar of the
court below, or a transcript of the evidence taken by
a shorthand writer and certified by him, or such other
materials as the Court may deem expedient.

21. (1) Where any notes of proceedings whether in Copies of
shorthand or long hand have been taken by a person employed proceedings in
by any court or taken by the Judge of the court below, copies of court below
such parts of these notes as are required for the record of appeal
shall be supplied by the Registrar of the court below on pay-
ment of the fees prescribed in Appendix B.
(2) If no written decision is given by the Judge at the
time of giving judgment such Judge shall communicate his
reasons for the judgment in writing to the Registrar of the
court below and such reasons shall be included in the record.
(3) On hearing of an appeal the Court shall have power,
if the notes' of the Judge of the court below or a transcript of
the evidence are not produced, or if there are no such notes or
transcript, to hear and determine such appeal upon any other
evidence or statement of what occurred before such Judge which
the Court may deem sufficient.
























Printing or 22 (1) Every document or paper required by these Rules
record. to be filed or lelt with the Registrar or the Registrar of the
court below shail be legibly printed, cyclostyled or typewritten
with black ink excludingg carbon copies) upon strong white
foolscap paper of good quality with an inner margin of not less
than two inches and in outer margin of about half-an-inch, and
a space of not less than three eighths of an inch shall be left
between every two lines.
(2) There shall be an index to the record and every page
thereof shall be numbered consecutively, and every tenth line
on a page shall be numbered in the margin. Correspondence
and exhibit'; shall be arranged together at the end of the record.
(3) The Registrar or the Registrar of the court below
may rfus'e to fi or rercive any document not strictly conform-
ing to the requirIements of paragraph (1) of this rule and the
Court may dinsalow the'cost' of any such document which has
been so filed or received.
Copy of list 23. (1) Any party may apply for and, on payment of the
of exhibits. prescribed fee, ol;tain an office copy of the exhibits for the pur-
pose of an appeal to the Court or otherwise.
(2) All ori'"gi!l documents tendered in evidence to the
court below at 1hli trial shall remain in the custody of the
court below until the record of appeal has been prepared, and
shall then be forwarded with the record to the Deputy-Registrar
in the State iii ;ich Ihe appeal is to be heard and shall remain
in the custody of the Court until the determination of the
appeal:
Provided that the Deputy-Registrar shall permit a
lp:ty for the purposes of preparing his record to take copies of
all such documents and that the Court or Registrar may allow
the return of any document to any party pending the hearing
of the appeal and subject to such conditions as it or he may
impose.

Entering 24. (1) The appellant shall within six weeks from the date
appeal. when the appeal is brought or within such extended time as
may he granted by the Court or by a Judge thereof, or by a
Judge of the court below under rule 28 of these Rules-
(i) file with the Deputy-Registrar-
(a) the record;
(b) an affidavit of service of the notice of appeal: and
Civil Form 7. (ii) leave four copies of the record for the use of the Judges
and the Registrar of the Court.
























(2) The Deputy-Reg-strar shall forthwith- Transmission
(a) send the four copies of the recoLrd to the Registrar for of the record.
the use of the Judges of the Court and the Registrar;
(b) send to the registrar four copies of any notice or other
document received by him after transmitting the record.
(3) The Registrar upon receiving the record shall set Civil Form 8.
down the appeal for hearing by entering the same on the proper
list of appeals and shall thereupon give notice in Form 8 in
Appendix A to the appellant and to all parties upon whom the
notice of appeal was served.
(4) The Registrar may require the appellant to pay the
costs of transmitting to the Central Registry of the Court by
surface mail or by air mail, the record and any document in the
appeal received I)y him before or after the transmission thereof;
and such costs snall be deemed part of the costs in the appeal.

WITIIDRAAWAL AND NON-COMPLIANCE
25. (1) ir the appellant files with the Deputy-Registrar Withdrawal
a notice that he desires to withdraw his appeal, together with of appeal.
two copies thereof, the appeal shall stand dismissed with costs Civil Form 9.
on the date on which such notice is filed. The appellant at the
,;anme time shall serve copies of the notice of withdrawal on all
or any of the parties with regard to whole the appellant wishes
to withdraw his appeal, and any party so served shall be pre-
cluded from laying claim to any costs incurred by him after
such service unless the Court shall otherwise order.
(2) The Deputy-Registrar shall send one copy of the
notice of withdrawal to the Registrar and the other copy to the
Registrar of the court below.

26. (1) It shall he the duty of the Registrar to see that Default in filing
an appellant complies with the provisions of rule 24 of these record and
Rules, and before the conclusionn of each sitting h, shall report documents.
to the Court any failure on the part of an appellant so to comply
and t!h Court of its own meoion may make any such order as
it might make lnon an application by the responaent under
paragraph (2) of this rule.
(2' If the appellant has failed to comply with the re-
quirements of paragraph (1) of rule 24 of these Rules or any
part thereof the respondent may apply to the Court to dismiss
the appeal for want of prosecution and the Court, if satisfied
that the ;ippellant h so failed, may dismiss the appeal or make
such other order as the justice of the case may require.





















118

(3) An appellant whose appeal has been dismissed under
this rule may apply by notice of motion that his appeal be
restored and the Court may in its discretion for good and suffi-
cient cause order that such appeal be restored upon such terms
as it may think fit.
APPLICATIONS
Applications 27. (1) In any cause or matter pending before the Court,
to single Judge. a single Judge of tie Court may upon application make orders
for-
(a) giving security for costs to be occasioned by any
appeals;
(b) leave to appeal in fornma pao peris;
(c) a stay of execution on any judgment appealed from
pending the determination of such appeal;
(d) an injunction restraining the defendant in the action
from disposing or parting with the possession of the
subject matter of the appeal pending the determination
thereof;
(c) extension of time;
and may hear, determine and make .orders on any other inter-
locutory application.
(2) Every order made by a single Judge of the Court in
pursuance of this rule may be discharged or varied by any
Judges of the Court having power to hear and determine the
appeal.
Applications 28. (1) Applications referred to in the preceding rule
to Judge of siald ordinarily be made to a Judge of the Court, but, where
court below, this may .ause undue inconvenience or delay, a Judge of the
court below may exercise the powers of a single Judge of the
Court under that rufle.
(2) The Deputy-Registrar or the Registrar of the Court
below shall send to the Registrar one copy of any application
heard by a Judge of the court below and of the order made
thereon.
(3) Every order made by a Judge of the court below in
pursuance of this rule may be discharged or varied by the
Court.
Mode of 29. (1) An application for leave to appeal in forma
application, pauperis may be made ex parte by affidavit containing the
grounds of the application, the matters referred to in paragraph
(1) (a) of rule 32, and the order asked for.
























(2) Any other application under thest Rules shall be
made by way of summons or motion on notice. Such application
shall be supported by affidavit, a copy of which shall be served
with the summons or notice of motion.
(3) Where an application is made ex parte under para-
graph (1) of this rule, al. order may be made requiring any
party uli'ected to be served with notice of the application.
(4) Where an application under these Rules is made by
summons, an order may be made adjourning the hearing into
open court.
(5) Where an application made by summons is heard
by the Court, it shall be treated as if it were a motion, and it
shall be heard in open court.

30. (1) An appeal shall not operate as a stay of execution
or of proceedings under the judgment appealed from, except
so lar as the court below or the Court may order, and no
intermediate act or proceedings shall be invalidated, except so
lar as the Court may direct.
(2) On an appeal, interest for such time as execution has
been delayed by toe appeal shall be allowed unless the Court
otherwise orders, and tne Registrar may -ompute such interest
without any order lor that purpose.

31. (1) Before an application for security for costs is
made, a written demand shall be made by the respondent and if
the demand is refused or if an offer of security be made by the
appellant and not accepted by the respondent, the Court or the
court below shall in dealing with the costs of the application
consider which of the parties has made the application necessary.
(2) An application for security for costs may be made
at any time after the appeal has been brought and must be made
promptly thereafter.
(3) An order for security for costs shall direct that in
default of the security being given within the time limited
therein, or any extension thereof, the appeal shall stand dis-
missed with costs.


Appeal no stay
except by order.


Application
for security
for costs.


(4) A bond with sureties for securing the costs of an Bond.
appeal shall be in Civil Form 10. Civil Form 10.


32. (1) An application for leave to appeal in forma
pauiperis shall be accompanied by-
(a) an affidavit stating-
(i) that the appellant is not worth $120 excepting
his wearing apparel and tools of trade and his


Application for
leave to appeal
in forma
pauperis.


119






















120


interest the subject matter of the intended
appeal;
thai his usual income from all sources does not
exceed $10.00 a week;
(b) by a certificate of -ou(iisel that therappellant has rea-
sonable grounds of appeal.
(2) Where an appellant obtains leave to appeal in forma
pa pcris he shall not be required to lodge security for the costs
of the respondent or to pay any registry fees or any fees for
copies of the .Judge's notes of evidence or the documents re-
quired for compiling the record.

HEARING AND JUDGMENTS
Dismissalof 33. I: the appellant fails to appear when his appeal is
appeal iu default called on for hearing the appeal may oe struck out or dismissed
of appearance. with or without -osts.

Application to 3-1. When an appeal has been struck out owing to the non-
re-enter appeal appearance of tlie appellant the Court may, on application by
dismissed under
rule 33 er the appellant by notice to the Court, if it thinks fit, and on such
terms as to costs or otherwise as it may deem just, direct the
appeal to be re- ,itered for hearing. Provided that no applica-
tion under this rule shall be made after the expiration of twenty-
one lday from the date of the .jiudgemeni or order sought to
be set. aside.

Non-appearance 35. If the respondent fails to appear when the appeal is
of respondent, called on for hearing the Court may proceed to hear the appeal
ex part.

Application to i3. (1) Whlere an appeal has been heard .x parte under
set aside rule 3: of these Rules and any judgment has been given therein
ex parte
judgment. adverse to the respondent he may apply by motion to the Court
to sil aside such judgment and re-hear the appeal and the
Court may, if it thinks fit and on such terms as to costs or
otherwise as it may deem just, direct the appeal to be re-entered
for hearing.
(2),. No application to set aside any judgment or order
and re-hear the appeal under this rule shall be made after the
expiration of twenty-one days from the date of the judgment
or order sought to be set aside.
(3) Any such application shall be by motion accompanied
by an affidavit setting forth the reasons and grounds for the
application and the Court may thereupon in its discretion set























aside the judgment or order and order that tile appeal be re-
heard at such time and upon such conditions as to costs or other-
wise as it may think fit.
37 A certificate under the seal of the Court and the hand Execution of
of the Registrac setting forth the judgment of the Court shall judgment b
be transmitted to the Registrar of the High Court who shall file Civil Form 11.
the same in the Registry of that Court and the judgment
shall be ( niiorcced b the High Co(iirl.
FEES AND COSTS
38. (1) Save as hereinafter provided, the fees prescribed Court fees.
in Appendix B shall be charged in respect of the matters to
which they are respectively assigned, and shall be paid in stamps.
(2) Where an appeal is brought by or against a State or
any person who sued or was sued on behalf of a State no fees
shall be payable by such State or person under Part I of
Appendix B:
Provided that a judgment in favour of such State or
person whether as appellant or respondent for costs to be paid
by any other party to the appeal shall, unless the Court other-
wise orders, include the amount of any fees which would have
been payable if the appeal had been brought by or against a
private person.
39. (1) Subject to the provisions of this rule, a Taxing Legal
Officer when taxing the fees for professional legal services practitioner's
shall- fees.
(a) unless the Court when awarding costs orders otherwise,
allow all such costs, charges and expenses as shall
appear to him to have been necessary or proper for the
attainment of justice or for defending the rights of any
party, but save as against the party who incurred the
same, no costs shall be allowed which appear to the
Taxing Officer to have been incurred or increased
through over-caution, negligence or mistake, or by pay-
ment of special fees to counsel or special charges or
expenses to witnesses or other persons, or by other
unusual expenses;
(h) adhere to the Schedule of Allowances in Part II of
Appendix B.
(2) In taxing party and party costs, the Taxing Officer
shall also, unless the Court when awarding costs orders other-
wise, allow-
(a) the reasonable fees consequent upon the engagement of
counsel:





















122


Provided that lie may disallow the fee of more than
one counsel in unopposed matters and in matters in
which counsel has not appeared on the other side;
in any matter which does not conclude upon the first
day, reasonable refreshers for each day subsequent to
the first;
(c. junior counsel's fee on the basis of two-thirds of the
fee allowed to leading counsel (excluding travelling
expenses and any special fee allowed to leading coun-
sel) where fees to leading and junior counsel are
allowed.
(3) The Taxing Officer may in exceptional cases and for
good and sufficient reason depart from any of the provisions of
the Schedule of Allowances contained in Part II of Appendix B
and in particular in the taxation of solicitor and client bills of
costs, where strict adherence to such provisions would be in-
equitable.

Fees of 41). The fees and allowances to be charged and allowed for
interpreters, ipreters, iwit(nc,:w;'s, special commissioners, assessors and
commissioners examiners shall be those from time to time in force in the High
etc. Court in the State in which the appeal arises.

Taxation 41. (1) Where the costs of an appeal are allowed they
of costs. may either be fixed by the Court at the time when the judgment
is given or meiy be ordered to be taxed.
(2) The Registrar or in his absence the Deputy-Registrar
shall be the Taxing Officer.
Civil Form 12. (3) Three days notice of taxing costs, together with a
copy of the bill of costs, shall be given by the solicitor of the
party whose costs are to be taxed to the other party or his
solicitor in all cases where a notice to tax is necessary.
Objections (4) Any party who may be dissatisfied with the allowance
to taxation, or disallowance by the Taxing Officer, in any bill of costs taxed
by him, oftthe whole or any part of any items, may, at any time
before the certificate or allocatur is signed, or such earlier time
as may in any case be fixed by the Taxing Officer, deliver to the
other party interested therein, and carry in before the Taxing
Officer, an objection in writing to such allowance or disallow-
ance, specifying therein by a list, in a short and concise form
the items or parts thereof objected to, and the grounds and
reasons for such objections and may thereupon apply to the
Taxing Officer to review the taxation in respect of the same. The
Taxing Officer may, if he shall think fit, issue pending the con-
sideration of such objections a certificate of taxation or allocatur
for or on account of the remainder of the bill of costs and such
























further certificate or allocatur as may be necessary shall be
issued by tile Taxing Officer after his decision upon such objec-
tions.
(5) Upon such application the Taxing Officer shall re-
consider and review his taxation upon such objections, and he
may, if he shall thinx fit, receive further evidence in respect
thereof, and, i; so required by either party, he shall state either
in his certificate of taxation or allocatur, or by reference to
such objection, the grounds and reasons of his decision thereon,
and any special facts or circumstances relating thereto. The
' axing Oflicer may tax the costs oi such objections and add
them to or deduct tilem from any sum payable by or to any
party to the taxation.
(6) Any person aggrieved by any order, decision or
ruling of the Taxing Officer may apply to the Court to set aside
such order, decision or ruling and to make such further order
as it may think fit.
(7) Any application to the Court under the foregoing
paragraph shall be by motion accompanied by an affidavit in
support and notice of such motion shall be served upon the
Taxing Officer and upon nil parties having interest therein.

PART IV

AI'PPEAS AGAINST CONVICTION ON INDICTMENT

INSTITUTION OF APPEALS


42. A person desiring to appeal to the Court against con-
viction or sentence shall commence his appeal by sending to
the Registrar a notice 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 set forth in Forms 1 or 2 in Appen-
dix C, and, in the notice or notices so sent, shall answer the
questions and comply with the requirements set forth thereon,
subject to the provisions of rule 11 of these Rules. The answers
to the questions wli,' Ii ant appel llit is by this rule required to
make in support of his request to be present at the hearing of
his appeal sllhll be deemed to be applications to the Court in
such matter.

43. (1) The certificate of the Judge of the court below
under regulation 21 (b) of the Regulations may be in Form 3
in Appendix C.
v2) Tbe .Judge. of the court below may, in any case in
which he considers it desirable so to do, inform the person con-
victed before or sentenced by hint that the case is in his opinion


Obligation on
appellant to fill
up forms of
appeal notices
and answer
questions
thereon.
Criminal Forms
1 and 2.







Judge's
certificate
under
regulation
21 (b).
Criminal
Form 3.


123


Review of
taxation by
Taxing Officer.























124

one fit for an appeal to the Court under regulation 21 (b) of
the Regulations and may give to such person a certificate to that
effect in the Form 3 in Appendix C.

Notices to be 44. (1) Every notice of appeal or notice of application
signed by for leave to appeal or notice of application for extension of time
appellant, within which such notice shall be given shall be signed by the
appellant himself, except under the provisions of paragraphs
(4) and (5) of this rule.


Signature on
notices of
appeal and
other notices.


Service of
documents on
person in
prison.


Where appellant
unable to write.





Where question
of insanity
involved.




Notice, etc.
on behalf of
corporations.



Time for
appealing
against
conviction or
sentence to run
from sentence.

Notice of
application
for extension
of time for
appealing.


Any other notice required or authorised to be given by
the Act or these Rules shall be in writing and signed by the
person giving the same or by his legal representative. All
notices required or authorized to be given shall be addressed to
the Registrar of the Court.
(2) Where an appellant or applicant is a prisoner in
prison it shall be sufficient service to deliver the document at the
prison to the officer in charge or person appearing to be the
officer in charge thereof, who shall cause the same to be served
on such prisoner.
(3) Where an appellant or any other person authorised
or required to give or send any notice of appeal or notice of any
application is unable to write, he may affix his mark thereto in
the presence oi a witness who shall attest the same, and there-
upon, such notice shall be deemed to be duly signed by such
appellant.
(4) Where, on the trial of a person entitled to appeal, it
has been contended that he was not responsible according to
law for his actions on the ground that he was insane at the time
the act was done or the omission made by him, any notice re-
quired to be given and signed by the appellant himself may be
given and signed by his legal representative.
(5) In the case of a body corporate where any notice or
other document is required to be signed by the appellant himself,
it shall be sufficient compliance therewith if such notice or other
document is' signed by the secretary, clerk, manager or legal
representative of such body corporate.

45. The time within which a person convicted shall give
notice of appeal or notice of his application for leave to appeal
to the Court against his conviction or his sentence, shall com-
mence to run from the day on which the court of trial shall have
passed sentence or pronounced final judgment upon him.

46. An application to the Court for an extension of time
within which notices may be given, shall be in Form 2 in Ap-
pendix C. Every person making an application for such exten-
sion of time, shall send to the Registrar together with the proper






















125


form of such application, a form, duly filled up of notice of Criminal
appeal, or of notice of application for leave to appeal, appro- Form 2.
private to the ground or grounds upon which he desires to ques-
tion his conviction or sentence, as thle case may be.

COPIES OF PROCEEDINGS, ETC.


47 (1) The Registrar when he has received a notice of
appeal or a notice of application for leave to appeal, or a notice
of application for extension of the time within which under the
Act such notice shall be given, or when the Governor, or the
Administrator (as the case may be) shall exercise his powers
under the Act to refer a case to the Court of Appeal, shall re-
quire the Registrar oi the court below to furinsh him with four
copies of the proceecdiigs iii the court below and if any record
has been made of the summing up or direction of the Judge of
the court below, four copies thereof or if no such record has been
made, a statement giving to the best of such Judge's recollection
the substance of the summing up or direction. The Registrar of
the court below shall also forward the original exhibits in the
case as far as praciaii.aie and any original depositions, informa-
tion, inquisition, plea, or other document usually kept by him,
or forming part of the record of the court below.
(2) One copy of the proceedings and one copy of the
summing up shall b, sent by the Registrar of the court below to
the Director of Public Prosecutions at the same time he complies
with paragraph (1) of this rule.
(3) For the purposes of this rule copies of proceedings
shall contain-
(a) the indictment or inquisition and the plea,
(b) the verdict, any evidence given thereafter, and the
sentence,
(c) notes of any particular part of the evidence or cross-
examination relied on as a ground of appeal, and
(d) such other notes of evidence as the Registrar may direct
to be included in the copies of proceedings.
Provided-
(i) in capital cases copies of the notes of all the evidence
shall be supplied; and


Forwarding of
proceedings in
court below
to Registrar.


(ii) upon application by either party to an appeal a single
Judge of the Court or the Court itself may direct that
copies of any particular part, or the whole, of the
evidence he suppll;ed to the Court and to the Director
of Public Prosecutions.





















126

Records of 48. (1) Where under any law in force or by direction of
summing-up. the Judge of the court below, notes in long hand or shorthand
or typewritten or by any other means have been taken of the
stunning up or direction of the Judge and of such parts of the
proceedings as tlh Judge of the court below may consider expe-
dient, such record shall be accepted by the Court as accurate
unless thel Court has reason to doubt its accuracy.
S2) Where no record exists of the summing up or direc-
tion given the juiuge of the court below, his statement giving
his recollc'v on of the summing up or direction shall be accepted
as accurate unless the Court sees reason to the contrary.
Shorthand note (3) The shorthand writer shall sign the shorthand notes
to be verified taken by him of any trial or proceedings, or of any part of such
by writer, trial or proceedings, and certify the same to be a complete and
correct shorthand note thereof; and such shorthand note shall
le kept in such custody as the Registrar of the court below shall,
either specially or generally, direct.
Transcript to (4) 'he shorthand writer shall, on being directed by the
be furnished on Registi ar of the court below, furnish to him for the use of the
application
of Registrar. Court a transcript of the whole, or of any part, of the shorthand
note taken by him of any trial or proceedings in reference to
which an appellant has appealed under the Act.
Verification of (5) A trai.. -ript of the whole or any part of the short-
transcript for hliad note relating to the case of any appellant which may be
SCriinoar re killed for the use of the Court shall be typewritten and veri-
Form4. li'd liy !!t person making the same by a statutory declaration
in the Form 4 in Appendix C to these Rules that the same is a
correct and complete transcript of the whole, or of such part,
as the case may be, of the shorthand note purporting to have
been taken, signed and certified by the shoi'thand writer who
took the same.
(6) Where no notes in long hand or in shorthand have
been taken by direction of the Judge of the court below of any
other parts of the proceedings required for the purpose of an
appeal. lie bIJulge' of the court below shall furnish to the Regis'-
trar of the court below his notes of the trial or such part
thereof' as may be required for such purpose.
Party interested (7) On the appli;-ation of a party interested in a trial
may obtain or other proceedings in relation to which a person may appeal
transcript. under tle Act, the Registrar of the court below shall direct the
shorthand writer to furnish to such party, and to no other per-
son, a transcript of the whole, or any part of the shorthand
notes of any such trial or other proceedings, on payment to the
proper officer of the court below of such fees as may be pre-
scribed by rules of court in the State in which the trial or other























127


proceedings have taken place for copies of proceedings required
on appeal in any criminal cause or matter.
(8) A party interested in an appeal under the Act may
obtain from the Registrar of the court below a copy of the tran-
script of the whole or of any part of such shorthand note as
relates to the appeal on payment to the proper officer of the court
below of such fees as may be prescribed by rules of court in the
State in which the appeal is brought for copies of proceedings
required on appeal in any criminal cause or matter.


Party interested
may obtain
transcript from
Registrar.


(9) For the purposes of this rule, "a party interested" Definition of
shall mean the prosecutor or the person convicted, or any other "party
person named in, or immediately affected by, any order made interested .
by the Judge of the court below, or other person authorised to
act on behalf of party interested, as herein defined, but shall
not include the Director of Public Prosecutions, to whom a copy
of such transcript shall be furnished free of charge.


(10) A transcript of the shorthand notes 1a;ken of the
proceedings at the trial (or a copy of the Jud(ge's notes of the
trial) of any appellant shall not be supplied free of charge
except by an order of the Court or a Judge thereof, upon an
application made by. in appellant or by his counsel or solicitor
assigned to him under the Act.

JUDGE'S REPORT
49. (1) The Registrar shall, if in relation to any appeal
the Court directs him so to do, request the Judge of the court
below to furnish him with a report in writing, giving his opinion
upon the case generally or upon any point arising upon the case
of the appellant, and such Judge shall furnish the same to the
Registrar.
(2) The report of the Judge shall be made to the Court,
and, the Registrar shall, on request, furnish a copy thereof to
the appellant and to the respondent.

50. When the Registrar requests the Judge of the court
below to furnish a report under these Rules, lie shall send to such
Judge a copy of the notice of appeal or notice of application for
leave to appeal or any other document or information which
he shall consider material, or which the Court at any time shall
direct him to send or with which such Judge may request to
be furnished by the said Registrar, to enable such Judge to
deal with his report v',ith the appellant's case generally or with
any point arising thereon.


Transcript of
notes not to be
supplied free
except by order
of Court.


Report of
Judge of court
below.


Furnishing
Judge of court
bclow with
materials
for report.


























oE OF APPELLANT OR RESPONDENT


How appellant
or respondent
may obtain
from Registrar
of court below
copies of
documents
or exhibits.






Counsel and
solicitor
assigned to an
appellant may
receive copies
of documents
and exhibits
free on request.
Appellant not
legally
represented
may obtain
copy of
documents or
exhibits free.



Registrar to
notify Director
of Publi ,
Prosecutions or
prosecutor, if a
private person,
of receipt of
notice of appeal.



Prosecutor to
afford all
information,
documents, etc.,
to Registrar
and Director
of Public
Prosecutions.


51. (1) At any time after notice of appeal or notice of
application for leave to appeal has been given under the Act
or these Rules, an appellant or respondent, or the solicitor or
other person representing either of them, may obtain from the
Registrar of the court below copies of any documents (other
than notes of proceedings) or exhibits in his possession under
the said Act or these Rules for the purposes of such appeals.
Such copies shall be supplied by the said Registrar on payment
to the proper officer of the court below of such fee as may be
prescribed by rules ol' court in the State in which the appeal is
brought for copies of proceedings required on appeal in any
criminal cause or matter.

(2) Where solicitor and counsel, or counsel only, are
assigned to an appellant under the Act, copies of any such
documents or exhibits which they or he may request the said
Registrar to supply shall without charge be supplied unless the
said Registrar thinks that they are not necessary for the pur-
pose of the appeal.

(3) Where an appellalt who is not legally represented
requires from the said Registrar a copy of any such document
or exhibit in his custody for the purposes of his appeal, he may
obtain it free of charge, if the said Registrar thinks, under all
the circumstance, it is deisrable or necessary to supply the same
to him.

CONDUCT OF PROSECUTION AND DEFENCE

52. (1) When the Registrar has received a notice of appeal
where leave to appeal is granted to any appellant, he shall-
(a) notify the Director of Public Prosecutions, or

(b) if the prosecutor is a private person, enquire if he
intends to defend the appeal and, if the answer is in
the negative, so inform the Director of Public Prose-
cutions.

(2) It shall le the duty of a prosecutor, who declines
to defend an appeal, and of his counsel or solicitor, to furnish
lo Ihe Registrar and the Director of Public Prosecutions, or
either of them, any information, documents, matters and things
in his possession or under his control connected with the pro-
ceedings against the appellant, which the Registrar or Director
of Public Prosecutions may require for the purposes of their
duties under the Act,


('OPI'ES OF 0 oc























129


LEGAL AID TO APPELLANTS
53. (1) The Regitsrar shall cause to be prepared in such
form as he thinks most convenient for each State a separate list
of counsel who are willing to act as counsel for appellants if
and when nominated under the Act.
(2) The Registrar shall also cause to be prepared in such
form as he thinks most convenient a list of solicitors who are
willing to act as solicitors on behalf of appellants if and when
nominated so to do under the Act.
(3) When legal aid is assigned to an appellant, the Court
may give such directions as to the stage of the appeal at which
such legal aid shall commence and whether counsel only, or
counsel and solicitor, shall be assigned or otherwise as it may
think right.
(4) The Registrar shall thereupon, subject to any special
order of the Court, select from iuch lists or otherwise a counsel
and a solicitor or a counsel only for the purpose of affording
legal a dl to an appellant under the directions of the Court,
having regard in so doing to the place at which the appellant
was tried and the counsel and solicitor, if any, who represented
the ap lellant at his trial and the nature of the appeal.
PROCEEDINGS BEFORE A SINGLE J UDUE
54. (1) Where any application has been dealt with by a
single Judge, the Registrar shall notify to the appellant the
decision in Form 5 in Appendix C. In the event of such Judge
refusi;.- all or any of such applications the Registrar on notify-
ing such refusal to the appellant shall forward to him Form 6
in Appendix C. If the appellant does not desire to have the
said application or applications determined by the Court as
duly constituted for the hearing of appeals under the Act or
does not return within five days to the Registrar Form 6 duly
filled up by him the refusal of his application or applications
by sub h Judge shall be final. If the appellant desires that his
said application or applications shall be determined by the Court
duly constituted as aforesaid and is not legally represented he
may, if the Court give him leave, be present at the hearing and
determination by the Court of his said application or applica-
tions; provided that an appellant who is legally represented
shall not be entitled to be present without special leave of the
Court.
(2) When an appellant duly fills up Form 6 and returns
it within the prescribed time to the Registrar expressing a
desire to be present at the hearing and determination by the
Court )f the applications mentioned in this rule, such form shall


Lists of counsel
and solicitors
for purposes
of the Act.





Legal aid to be
provided from
such lists.


Procedure on
decision of
application to
single Judge.
Criminal
Forms 5 and 6.




































Application not
specially
provided for,
how made.






Solicitor's right
of audience.


Noti ce of
application for
leave to appeal
deemed to be
notice of appeal
if application
granted.


be deemed to be an application by the appellant for leave to
be so present. The Registrar, on receiving the said form, shall
take the necessary steps for placing the said application before
the Court. If the said application to be present is refused by
the Court, the Registrar shall notify the appellant; and if the
said application is granted, the Registrar shall notify the appel-
lant and the officer in charge of the prison wherein the appellant
is in custody, as provided by these Rules. For the purpose of
constituting a Court the Judge who has refused any such appli-
cation iiny sit as a member of such Court, and take part in
determiniing such application.
(:.i Except where otherwise provided in these Rules, any
application to the Court may be made by the appellant or
respondent, or by counsel on their behalf, orally or in writing;
but in regard to such applications, if the appellant is unrepre-
sented and is in custody and is not entitled or has not obtained
leave to be present before the Court, he shall make any such
application by forwarding the same in writing to the Registrar
who shall take the proper steps to obtain the decision of the
Court thereon.
(4) Save a:. is otherwise provided in sub-paragraph (b)
of this paragraph the parties to the following matters may be
represented and appear by a solicitor alone-
(a) In all proceedings before Judge of the Court in the
exercise of his jurisdiction-
(i) to give leave to appeal,
(ii) to extend the time within which notice of appeal
or of an application for leave to appeal may be
given,
(iii) to assign legal aid to an appellant,
(iv) to allow the appellant to be present at any pro-
ceedings where he is not entitled to be present
without leave, or
to admit an appellant to bail.
In all preliminary and interlocutory proceedings and
applications except such as are heard before the Court.

55. Where the Court has, on a notice of application for
leave to an'eal dul- served and in Form 1 in Appendix C, given
an, appellant leave to appeal, it shall not be necessary for such
appellaint to give any notice of appeal but the notice of applica-
tion for leave to appeal shall in such ease be deemed to be a
notice of appeal.
























SUSPENSION OF ORDERS AND ADMISSION TO BAIL
5(i. (1) Where a person has, on his conviction, been sen- When fine
tenced to payment of a fine, and in default of payment to im- imposed on
prisonmenlt, the person lawfully authorized to receive such fine conviction to be
shall, on receiving the same, retain it until the determination pending appeal.
of ainy appeal in relation thereto.
(2) If such person remains in custody in default of pay- Personin
ment of the fine, he shall be deemed, for all purposes of the Act custody in
default of
or these Rules, to be a person sentenced to imprisonment, payment office
deemed to be
person sen-
teneed to
imprisonment.
(3) Where any person has been convicted and is there- Power of court
upon sentenced to tle payment of a fine, and, in default of trial to
such payment, to imprisonment, and he intimates to the Judge mzances.
of the court below that he is desirous of appealing to the Court Criminal
against his conviction, such Judge may, if he thinks right so Forms 7 and 8.
to do, order such person forthwith to enter into recognizances
in such amount, and with or without sureties in such amount,
as such Judge 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 his said appeal, if the
same be dismissed, to the Registrar of the court below, or as
the Court may then order. The recognizances under this rule
shall be in Forms 7 and 8 in Appendix C.
The Registrar of the court below shall forward the
recognizanees of the apellant and his surety or sureties to the
Registrar of the Court.
(4) If an appellant to whom paragraph (3) of this rule Appellant
applies does not serve in accordance with these Rules a notice committing
of appeal or of abandonment of his appeal within fourteen breach of
recognizance.
days from the date of his conviction or sentence, the Registrar
of the court below shall report such omission to the Court, who
may, after notice in Forms 9 and 10 in Appendix C has been
given to tle applcliant and his sureties, if any, order an estreat Criminal
of the recognizances of the appellant and his sureties, and the Forms9 and 10.
manner of such estreat shall be that provided for estreating
recognizance under hlie law of the State in which the appeal
is brought, 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 it may
think right.
(5) An appellant who has been sentenced to the payment Repayment of
of a fine, and has paid the ,;aime or part thereof in accordance fine on cces
of appeal.





























Temporary
suspension of
orders made on
conviction as to
money, awards,
costs, etc.


Suspension of
disqualifications
consequent on
conviction.




Judge's
directions
as to property
of convicted
person pending
appeal.


with such sentence, shall, in the event of his appeal being suc-
cessful, be entitled, subject to any order of the Court, to the
return of the sum or any part thereof so paid by him.

57. (1) Where, on the conviction of a person, the Judge
or the court below makes an orcIr condemning such person to
the payment of the whole or of any part of the costs and ex-
penses oi the prosecution for tl offence of which he shall be
convicted out of any moneys taken from such person on his
apprehension or otherwise, or where such Judge lawfully makes
on the conviction of any person before him any order for the
payment of money by such convicted person or by any other
person or any order affecting the rights of property of such
convicted person, the operatic i of s"ch orders shall in any of
such cases be suspended until the expiration of fourteen days
after the day on which any of such orders were made. In cases
where notice of appeal or notice of application for leave to
appeal is given within fourteen days from and after the date
of the pronouncement of sentence against such person such
orders shall be further suspended until the determination of
the appeal against the conviction in relation to which they
were made. The Court may, by order, annul any order to which
this rule refers on the determination of any appeal or may vary
such order, and such order, if annulled, shall not take effect,
and, if varied, shall take effect as so varied.
The proper officer of the court below shall keep a
record of any orders tc which this rule refers.
(2) Where upon the conviction of any person of any
offence, the trial court orders that any disqualification, forfei-
ture or disability attach to such person, and notice of appeal
or notice of application for leave to appeal is given in respect
of such conviction, sentence or order, the Court may upon
application suspend such disqualification, forfeiture or dis-
ability until the determination of the proceedings upon appeal.
(3) Where the Judge of the court below makes any such
order on person convicted before him as in this rule men-
tioned, he shall give such directions as he thinks right as to
the retention, by any person, of any money or valuable secu-
rities beloo'iing to the person so convicted and taken from such
person on his apprehension or of any money or valuable secu-
rities at the date of his conviction in the possession of the prose-
cution for the period of fourteen days, or in the event of an
appeal, until the determination thereof by the Court. The
proper officer of the court below shall keep a record of any
directions given under this rule,


132





















133


(4) When the Judge of the court below on the conviction Judge's
of a person before himi makes any order for the payment of directiors
money by such person or by any other person upon such convic- payment of
tion, and, by reason of this rule, such order would otherwise be money by
suspended, such judge may, if lie thinks right so to do, direct convictedperson
that the operation of such order shall not be suspended unless pending appeal.
the person on whom such order has been made shall, in such
manner and within such time as the said Judge shall direct,
give security by way of undertaking or otherwise for the pay-
ment to the person in whose favour such order shall have been
made of the amount therein named. Such security may be to
the satisfaction of the person in whose favour the order for
payment shall have been made or of any other person as such
Judge shall direct.
(5) Where on a conviction any property, matters or things, Suspension
ihe subject of the prosecution or connected therewith, are to s order of
be or i:iay lbe ordi.red to I) destroyed or forfeited under the of order of
provisions of any rule, regulation, statute, Act or other law, or forfeiture
the destruction or forfeiture or order for destruction or for- of property.
i'e.ture thereof shall be suslpcilded for the period of fourteen
days from and after the date on which the verdict on the
indictment was returned, and il the event of an appeal shall
be further suspended until the determination thereof by the
Court.
(6) Where, upon conviction of any person of any offence, Suspension of
any claim may be made or any proceedings may be taken under proceedings or
S. claims conse-
any rule, regulation, statute or other law against such person quent on
or any other person in consequence of such conviction, such conviction.
proceedings shall not be taken until after the period of four-
teen days from the date on which the verdict against such person
was returned nor in the event of an appeal to the Court until
the determination thereof.
(7) Any person affected by any orders which are sus- Personaffected
ended under this rule may, with the leave of the Court, be may appear.
heard on the final determination of any appeal, before any such
orders are varied or annulled by the Court.


PIOC(EDURE ON APPLICATION FOR BAIL. RIGHT OF SURETIES.
ESTREAT OF RECOGNIZANCES.
58. (1) Where the Court admits an appellant to bail pend-
ing the determination of' his appeal on an application by him
duly made, the Court shall specify the amounts in which the
appellant and his surety or sureties (unless the Court directs
thai no surety is required) shall be bound by recognizance, and
shall direct, if it thinks right so to do, before whom the recog-
nizances of the appellant and his surety or sureties (if any)
may be taken.


Appellant
and surety's
recognizance
before whom
to be tal en.
























134


Appellant and
prison ofiheor
to receive notice
of terms
of bail.






Form of
recognizance.
Criminal Forms
11 and 12.
Registrar on
receiving
recognizances
in due form to
notify officer of
prison to release
appellant.
Criminal
Form 13.



Presence of
appellant on
,bail at hearing
of his appeal.
Warrant for
apprehension
of appellant on
bail.
Criminal
Form 14.


Varying order
for bail.






Power to revoke
order for bail.
Criminal
Form 14.


(2) The Registrar shall notify the appellant and the
officer in charge of the prison within which he is confined, of
the terms and conditions on which the Court shall admit the
appellant to bail under the Act.
(3) In the event of the Court not making any special
order or giving any special directions under this rule, the
recognizances of the appellant and of his surety or sureties (if
any) may be taken before a Magistrate or Justice of the Peace
and shall be sent to the Deputy Registrar of the Court.
(4) The recognizances provided for in this rule shall
be in Forms 11 and 12 in Appendix C.

J5) The Deputy-Registrar, on being satisfied that the
recognizani .s of the appellant and his surety or sureties (if
any) are in due form awl in compliance with the order of the
Court admitting the appellant to bail shall forward the recog-
nizances of the appellant and his surety or sureties to the
Registrar and shall send in form 13 in Appendix C a notice
to the officer of the prison in which the appellant shall then
be confined. This notice, when received by the said officer, shall
be a sufficient authority to him to release the appellant from
custody .
(6) An appellant who has been admitted 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 it thinks right so to do, decline to consider the appeal, and
may proceed summarily to dismiss the same, and may issue a
warrant for the apprehension of the appellant in Form 14 in
Appendix C
Provided that the Court may considerr the appeal in his
absence, or make such other order as it may think fit.
(7) When an appellant is present before the Court, the
Court may, on an application made by any person or, if it
thinks right so to do, without any application, make an order
admitting the appellant to bail, or revoke or vary any such
order previously made, or enlarge from time to time the recog-
nizances of the appellant or of his sureties or substitute any
other surety for a surety previously bound as it thinks right.
(8) At any tilh after an appellant has been released
on bail, the Court may, iF satisfied that it is in the interest of
justice so to do, revoke the order admitting to bail, and issue
a warrant in Form 14 in Appendix C for his apprehension, and
order him to be comnpitted to prison,























135


(9) The Court may on any breach of the recognizances
of the appellant, if it thinks right so to do, order such recog-
nizances and those of his surety or sureties to be estreated, and
the manner of such estreat shall he similar to that provided
under the law of the State in which the appeal is brought.
(10) Where tl.e surety or sureties for an appellant upon
hiose recognizances such appellant has been released on bail
by the Court suspects or suspect that the said appellant is about
to depart out of the State, or in any manner to fail to observe
the conditions of his recognizance on which he was so released,
such surety or sureties may lay an information before a magis-
trate acting in and for the judicial district in which the said
appellant is, or is by such surety or sureties believed to be,
or in which such surety or sureties may then be and such magis-
trate shall thereupon issue a warrant for the apprehension of
the said appellant.
(11) T'w said appellant shall, on being apprehended un-
der the said warrant, le brought before the court in and for
which the said magistrate acts, befo!( wholn the said information
was laid or some other magistrate's court specified in the said
warrant. The said court shall, on verification of the said infor-
mation by oath of the informant, by warrant of commitment,
commit him to the prison in which persons charged with indict-
able offences before such court are ordinarily committed. The
officer in charge of such prison shall, unless such prison was
the prison from which the appellant was released on bail under
these Rules, notify the Prison Authority of such commitment,
as in this rule mentioned.
Where the appellant is by such court committed to
a prison which was not the prison from which he was released
on bail after his conviction the Prison Authority, subject to any
order of the Court, may transfer him to the prison from which
he was so released.
(12) The clerk of the said court on the commitment of
any such appellant, shall forwith notify the Registrar to that
effect, and forward to him the said information and the deposi-
tion in verification thereof taken before such court together
with a copy of the said warrant of commitment.
(13) When an appellant has been released on bail and
has, under a warrant under these Rules or by his surety or
sureties, bheen apprehended and is in prison, the officer in charge
thereof shall forthwith iuoLy the Registrar who shall take steps
to inform the Court thereof, and the Court may give to the
Registrar such directions as to the appeal or otherwise as it shall
think right.


Provisions for
sureties
dischargingg
their obligations.








How appellant
on bail to be
dealt with on
arrest at
instance
of sureties.













Arrest and
commitment of
appellant o be
notified to
Registrar
by clerk.
Officer in charge
of prison on
commitment
of appellant
to notify
Registrar.
























ABANDONMENT OF APPEAL
59. (1) An appellant at any time after he has duly
served notice of appeal or of application for leave to appeal, or
of application for extension of time within which such notice
shall be given., may abandon his appeal by giving notice of
abandonment therof in Form 15 in Appendix C to the Registrar,
and upon such notice being given the appeal shall be deemed
to have been dismissed by the Court.
(2) Upon receipt of a notice of abandonment duly com-
pleted and signed or marked by the appellant or the party
authorised to sign notices under rule 44, the Registrar shall
give notices thereof in Form 16 in Appendix C to the respon-
dent, the Prison Authority and the Registrar of the court below,
and in the case of an appeal against a conviction involving a
sentence of death, shall in like manner give notice to the Gov-
ernor, or the Administrator as the case may be, and the Regis-
trar shall also return to the Registrar of the court below any
original documents and exhibits received from him.

DETERMINATION OF APPEAL


Varying order 60. Where, upon the trial of a person entitled to appeal
of restitution against his conviction, an order of restitution of any property
of property, to aly person has been made by the Judge of the Court below,
the person in whose favour or against whom the order of resti-
tution has been made, and, with the leave of the Court, any
other person, shall, on the final hearing by the Court of an
appeal against the conviction on which such order of restitution
Judgments was made, be entitled to he heard by the Court before any order
of the Court. annulling or varying such order of restitution is made.

61. Unless the Court direct to the contrary in cases where,
in the opinion of the Court, the question for decision is a ques-
tion 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 presiding
Judge or such other Judge of the Court hearing the appeal as
lhe may direct, and no judgment with respect to the determina-
tion of any question shall be separately pronounced by any other
member of the Court.


Notification
determination
of appeals.
Criminal
Forms 17 to 20.


62. (1) On the final determination of any appeal or of
any application to the Court, the Registrar shall give to the
appellant, if he be in custody and has not been present at such
final determination, and to the respondent and the Prison
Authority notice of such determination in Forms 17 to 20 in
Appendix C.


136


Abandonment
of appeal.
Criminal
Form 15.





Criminal
Form 16.























137


(2) In any case of an appeal in relation to a conviction
involving a sentence of death, the Registrar shall on receiving
the notice of appeal or of any application for leave to appeal,
send copies therof to the Governor or the Administrator, as the
case may be, and to the Prison Authority, and on the final de-
lerminiation of any such appeal by the Court shall forthwith
notify the appellant, the Governor or the Administrator, as
the case may be, the respondent and the Prison Authority.

63. (1) The Registrar at the final determination of an
appeal shali notify in such manner as he thinks most convenient
to the Registrar of the court below the decision of the Court
in relation thereto and also any orders or directions made or
given by the Court in relation to such appeal or any matter
connected therewith.
(2) The Registrar of the court below shall on receiving
the notification referred to in this rule enter the particulars
thereof on the records of such Court.

64. The Registrar of the court beow shall not issue, under
any law authorising him so to do, a certificate of conviction of
any person convicted in the court below if notice of appeal or
notice of application for leave to appeal is given, until the
determination or abandonment thereof.

65. Upon the final determination of an appeal for the
purposes of which the Registrar has obtained from the Regis-
trar of the court below any original depositions, exhibits, in-
formation, inquisition, plea, or other documents usually kept
by such Registrar, or forming part of the record of the court
below, the Registrar shall, where practicable, cause the same to
be returned to the Registrar of the court below.

PROCEDURE AS TO WITNESSES BEFORE COURT AND THEIB
EXAMINATION BEFORE EXAMINER.


Notification of
appeals in
capital cases.







Notification of
result of appeal.
Criminal
Form 20.



Entry of
decision
of Court
on records.

Restrictions
on issue of
certificate
of conviction.


Return
of original
depositions,
eto.


66. (1) Where the Court has ordered any witness to at- Attendance of
tend and be examined before the Court an order in Form 21 in witness before
the CourL
Appendix C shall be served upon such witness specifying the Criminal
time and place at which to attend for such purpose. Form 21.
(2) Such order may be made on the application, at any Application
time, of the appellant or respondent, but if the appellant is in to Crt toss
custody and not legally represented the application shall be Criminal
made in Form 22 in Appendix C. Form 22
(3) Where the Court orders the examination of any wit- Order
ness to be conducted otherwise than before the Court itself, appointing
suh order shall specify the person appointed exanmler.
such order shall specify the person appointed as examiner to




























Furnishing
examiner with
exhibits, etc.,
necessary for
examination.



Notification
of date of
examination.
Crinr:nal
Form 23.


take. and the place of taking, such examination and the witness
or witnesses to be examined threat.
(4) The Registrar shall furnish to the person appointed
lo take such examination any documents or exhibits and any
otner 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) When the examiner has appointed the day and time
for the examination he shall request the Registrar to notify the
appellant or respondent and their legal representatives, if any,
and when the appellant is in prison, the Prison Authority
thereof The Registrar shall cause to he served on every witness
to be examined a notice in Form 23 in Appendix C.


Evidence (6) Every witness examined before an examiner under
to be taken this rule hall give his evidence upon oath or on affirmation to
on oath.
bo o administered or taken by such examiner, except where any
such witness if giving evidence as a witness on a trial on indict-
ment need not be sworn.


Deposition of
witness-how
to be taken.
Criminal
Form 24.
Expenses of
witnesses before
examiner.


Presence of
parties at
examination
of witnesses.


(7) 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 Form 24 in Appendix C
shall be attached to any such deposition.
(8) Wherle aniy witness shall receive an order or notice
It aLtend 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) 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.


Proceedings 67. When an order of reference is made by the Court to
on reference. a special commissioner, the question to be referred, and the
person to whom as special commissioner the same shall be re-
ferred, shall be specified in such order. The Court may in such
orler, or by giving directions as and when it from time to time
slhall think right, specify whether the appellant or respondent
or any person on their behalf may be present at any examina-
tion 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 Prison
Authority 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.

CASE STATED OR QUESTION OF LAW RESERVED UNDER
REGULATION 37 OF THE REGULATIONS.
68. (15 Where in pursuance of regulation 37 of the Regu-
lations a Judge of the High Court states a case or reserves a
question of law for the consideration of the Court in respect
of a person convicted on indictment before him, he shall forward
such case to the Registrar who shall on receiving the same send
a copy thereof to the appellant and respondent respectively.
(2) Where under the provisions of regulation 37 of the
Regulations a Judge of the court below states a case for the con-
sideration of the Court the person convicted shall for the pur-
poses of these Rules be deemed to be an appellant who has
appealed under the Regulations.
Provided however, that in these circumstances the
Registrar shall not lie empowered to refer the case stated to the
Court for summary determination.
(3) Where a case is stated or a question of law reserved
for consideration of the Court under regulation 37 of the Regu-
lations paragraph (1) of rule 69 of these Rules shall apply.

DUTIES OF REGISTRAR
69. Subject to the provisions of rule 68-
(1) The Registrar shall take all necessary steps for ob-
taining a hearing under Part III of the Regulations of any ap-
peal or application, notice of which is given to him under that
Part and shall obtain and lay before the Court in proper form
all documents, exhibits, and other things relating to the pro-
ceedings 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 relation to notices of appeal or notices of appli-
cation under Part III of the Regulations to any person who de-
mands the same, and to officers of courts, the Prison Authority
and such other officers or persons as he thinks fit, and the
Prison Authority shall cause these forms and instructions to
be placed at the disposal of prisoners desiring to appeal or to
make any application under Part III of the Regulations and
shall cause any such notices given by a prisoner in his custody
to be forwarded on behalf of the prisoner to the Registrar.


Judge to for-
ward special
case to Regis-
trar and copies
to be supplied
to appellant andi
respondent.

These Rules to
apply to con-
victed persons
where case
stated under
regulations 37.


Duties of
Registrar with
respect to
notices of
appeal, etc.


139





















140

(3) Other duties of the Registrar are set out in regula-
tion 35 ol the Regulations.

COSTS IN CRIMIN, APPEALS
Expenses 70. The expenses of any solicitor or counsel assigned to
payable to an appellant by the Court in criminal appeals shall be allowed
solicitor
or counsel. as follows:-
In respect of-
(a) A notice of appeal or application for leave to
appeal, or
(b) A notice of application for extension of time
within which to appeal
A fee not exceeding $15.12 for a solicitor and $25.20
for counsel.
In respect of any appeal-
A fee not exceeding $50.40 for a solicitor and a fee for
counsel not exceeding $75.60:
Provided thai the Court. after the conclusion of the
appeal, may, if it thinks fit, certify that the case was one
of exceptional length or difficulty and thereupon the fee
may be increased to such sum as the Court, having regard
to the length and difficulty of the case, may direct, but
not exceeding $100.80 for a solicitor and $151.20 for
counsel.
In addition to such fee as aforesaid, counsel and solicitor may
1)e allowed, subject to taxation, such travelling expenses as have
b"en actually and reasonably incurred.
Expenses of 71. The expenses of any witnesses attending on the order
witnesses. of the Court or examined in any proceedings incidental to the
appeal shall be allowed at the same rate as those of a witness
in a case of felony tried at the Criminal Sessions' of the State
where the Court is sitting.

Expenses of 72. The expenses of the appearance of an appellant not
appearance in1 cul::tody on the sharing of his appeal or on any proceeding
of appellant. preliminary or incidental to the appeal may be allowed at the
same rate as those of an ordinary witness in a case of felony
tried at the Criminal Sessions of the State where the Court is
sitting.

Expenses of 73. Where any examination of witnesses is conducted by a
examiner, person appointed by the Court for the purpose, the person so
appointed shall be allowed if he be a Magistrate or other person
























in the service of a State. tie actual expenses of travelling, the
actual cost of hiring a room for the examination, if no court
or public room is available, and such other incidental expenses
as in the opinion of the Court are necessarily and reasonably
incurred. If the person appointed is not a Magistrate or other
such person he shall be allowed such expenses as aforesaid, and
in addition such fee, not exceeding $50.40 day, as the Court
may allow.

74. Where any question is referred to a special commnis- Expenses of
sioner appointed by the Court, or where any person is appointed special
commiaBioner
as assessor to the Court, lie shall be allowed such fee as the or assessor.
Court, having regard to his qualifications and ordinary pro-
fessional rei mneration, may think reasonable, not exceeding
$50.40 a day

PART V

APPEALS FROM DECISIONS OF COURTS OF SUMMARY
JURISDICTION

75. (1) The provisions of Parts I, II and III of these Appeals from
Ruies shall apply mutatis milandis to appeals from decisions Sumn"ry
Courts.
of the Court of Summary Jurisdiction established by the laws Modifieation*
of the States of Antigua, Dominica and St. Christopher-Nevis- of Rules.
Anguilla respectively subject to the following modifications.
(2) References to the Registrar of the High Court shall
include the Registrar of the High Court in his capacity of clerk
of the Court of Summary Jurisdiction.
(3) In sub-rule (1) of rule 14 (time limits for appealing)
the words "four weeks" shall be substituted for the words "six
weeks'

(4) Rule 1! (settling the record) shall not apply.
(5) For sub-rule (1) of rule 24 (entering appeal) the
followi-g shall be substituted
(1) the appellant shall within six weeks from the date
when the appeal is brought or within such extended time
as may be granted by the Court or by a Judge thereof, or
by a Judge of the court below under rule 28 of these Rules-
(A) file with the Deputy Registrar-
(a) an affidavit of service of the notice of appeal;





















142


(b) the record, consisting of copies of the following
documents and papers-
(i) the notice of appeal;
(ii) the judgment or order appealed from;
(iii) the pleadings;
(iv) all necessary affidavits;
(v) the Judge's notes at the trial;
(vi) the judgment or reasons for judgment
delivered by the trial Judge;
all other documents including the corres-
pondence and exhibits required for the
hearing of the appeal; and
(B) leave four copies of the record for the use of the
use of the Judges and the Registrar of the Court.
(6) In taxing party and party costs the Taxing Officer
shall not, unless the Court when awarding costs orders otherwise,
allow more than one hundred and twenty dollars in respect of
counsel.
(7) In sub-rule (1) of rule 38 (Court fees) the words
Appendix D" shall be substituted for the words "Appendix
"'' and in sub-rule (2) thereof the words "Appendix D" shall
1' substituted for the words "Part I of Appendix B"
(8) The provisions of this Part shall not apply to a
Stale where it is provided by the law of that State that the
Court of Summary Jurisdiction shall be presided over by a
Magistrate.

PART VI

CRIMINAL APPEALS FROM MAGISTRATES'
DECISIONS
Copies of 76. (1) Where the appellant under any law regulating
notices and appeals from magistrates gives a written notice of his intention
grounds of
appeal to to appeal, five copies thereof shall also be filed by him for the
filed, use of the Judges of the Court and the Director of Public Prose-
cutions or other respondent.
(2) Together with the grounds of appeal required to be
filed by such law, four copies thereof shall also be filed by the
appellant for the use of the Judges of the Court and the Director
of Public Prosecutions or other respondent,





















143

77 Five copies of the proceedings and of the notes of evi- Copies of
denle for the use of the Judges of the Court and the Director of proceedings,
Public Prosecutions or other respondent, shall be provided by etc.
the clerk of the Magistrate's Court from which the appeal is
taken, and shall be forwarded by him together with the copies
of the notice of appeal if any, and of the grounds of appeal,
to the Registrar with the record.

PART VII

APPEALS (OTHER THAN CRIMINAL APPEALS) FROM
MAGISTRATES' DECISIONS

78. Upon receiving the documents directed to be trans- Preliminary
fitted by any law regulating appeals from magistrates, the objection by
7 respondent.
Registrar shall forthwith, by notice in writing, require the re-
spondent to draw up and lodge with him for the information of
the Court and the appellant, a written statement of any prelim-
inary objections he may propose to take to the hearing of the
appeal. A copy of the said statementt shall be sent by the respon-
dent to the appellant not later than three clear days before the
day of hearing of the appeal. Any failure on tie part of the
respondent to comply with this rule may render him liable to
be deprived of his costs or part thereof.

79. Evidence relating to a preliminary objection shall Evidence relat-
ordinarily be by affidavit, but the Court may in its discretion ay objretiin.
hear oral evidence in lieu of or in addition to written evidence.

80. Grounds of appeal may be amended at any lime upon Amendment of
such terms as the Court shall think just. grounds of
appeal.

81. (1) Where the appellant under any law regulating Copies of
appeals from magistrates gives a written notice of appeal, four notice and
grounds of
:opies thereof shall also be filed by him for the use of the Judges appeal.
of the Court.
(2) Together with the grounds of appeal required to be
filed by such law four copies thereof shall also be filed by the
)appellant for the use of the Judges of the Court.

Made this fifteenth day of February, 1968.
ALLEN LEWIS,
Chief Justice.
K. L. GORDON,
Justice of Appeal.
P. CECIL LEWIS,
Justice of Appeal.


























APPENDIX A

CIVIL FORMS

INDEX TO FORMS


AppealRules Description of Form
No.


Rule 12

13

13


16 (1)


18 (1)


19 (1)


24 (1) (i) (b)

24 (3)


25

31 (4)

37

41 (3)


Notice of Appeal.

Notice ol Motion for special leave to appeal.

Application by Respondent for leave to ap-
peal.

Notice by Respondent of intention to contend
that decision of Court below be varied.

Notice by Respondent of intention to rely up-
on preliminary objection.

Summons to Parties by Registrar to settle
Record.

Affidavit Service of Notice of Appeal.

Notice to the parties of filing of Record and
of setting down of Appeal for hearing.

Notie of Withdrawal of Appeal.

Bold for Costs on Appeal.

Certificate of the Order of the Court.

Notice of Taxation.





















145

CIVIL FORM 1 Rule 12 (1)
IN THE COURT OF APPEAL
NOTICE OF APPEAL
(State)
Civil Appeal No. of 19.
Between
(Plaintiff/Defendant)* Appellant(s)
and
(Palintiff/Defendant)* Respondent(s)
TAKE NOTICE that the (Plaintiff/Defendant) Appellant being dissatisfied
with the decision/that part of the decision* more particularly stated in para-
graph 2 hereof of the .(Court) contained in
the judgment/order* of dated
the day of 19. doth hereby
appeal to the Court of Appeal upon the grounds set out in paragraph 3 and
wiil at the hearing of the appeal seek the relief set out in paragraph 4.
And the Appellant further states that the names and addresses including
his own of the persons directly affected by the appeal are those set out in para-
graph 5.
2. (Insert here whole or part of decision complained of)
3. Grounds of Appeal.
(1)
(2)
(3), etc.
4. (Insert here the relief sought from the Court of Appeal)
5. Persons directly affected by the appeal:
Name Address
(1)
(2)
(3), etc.
DATED this day of 19......

Appellant(s)
or Solicitor for the Appellant(s).

* Strike out words inapplicable.
If appealing against the whole decision insert ''Whole decision''.























CIVIL FORM 2

IN THE COURT OF APPEAL


NOTICE OF MOTION FOR SPECIAL LEAVE TO APPEAL


(State)
Civil Appeal No..


of 19.
Between
(Plaintiff/Defendant)* Appellant(s)


(Plaintiff/Defendant)* Respondent(s)


TAKE NOTICE that the Court of Appeal at will
be moved on the day of 19.
at o'clock in the forenoon or as soon thereafter
as counsel can be near on the hearing of an application for special leave to
appeal against the decision of the (Court) given


on the


day of


AND further take iiotice that the grounds of this application are:-


DATED this


day of


Applicant or his solicitor.


To
The Registrar,
Court of Appeal.

Andt



* Strike out words inapplicable.
t Insert name of respondent.


Rule 13 (1)
























CIVIL FORM 3 Rule 13 (4)

IN TIIE COURT OF APPEAL

APPLICATION BY RESPONDENT FOR LEAVE TO APPEAL


(State)
Civil Appeal No.


of 19.
Between
(Plaintiff/Defendant)* Appellant(s)


(Plaintiff/Defendant)* Respondent(s)


TAKE NOTICE that upon the hearing of the application for leave to
appeal the Respondent herein intends to apply for leave to appeal and to con-
tend that the decision of the (Court below) dated the day
of 19. should be varied as follows:






AND TAKE NOTICE that the grounds on which the Respondent intends
to rely are as follows:
1.
2.
3, etc.


DATED this


day of


Respondents)


(Appellant)


and to the Registrar.


* Strike out words inapplicable.
t State the variation which will be asked for.
























CIVIL FORM 4


Rule 16 (1)


IN THE COURT OF APPEAL

NOTICE BY RESPONDENT OF INTENTION TO CONTEND THAT
DECISION OF COURT BELOW BE VARIED
(State)


Civil Appeal No.


of 19....
Between


(Plaintiff/Defendant)* Appellant(s)
and
(Plaintiff/Defendant)* Respondet (s)
TAKE NOTICE that upon the hearing of the above appeal the Respondent
herein intends to contend that the decision of the (Court below) dated


day of


the
as follows:-


19. should be varied


AND TAKE NOTICE that the grounds on which the Respondent intends
to rely are as follows:-

1.
2.
3, etc.


DATED this


day of


Respondents)


To (Appellant)
and to the Registrar.



* Strike out words inapplicable.
i State the variation which will be asked for.


148





















149


CIVIL FORM 5


Rule 18 (1)


IN THE COURT OF APPEAL

NOTICE BY RESPONDENT OF INTENTION TO RELY UPON
PRELIMINARY OBJECTION


(State)


Civil Appeal No.


of 19.


Between

(Plaintiff/Defendant)* Appellant(s)
and
(Plaintiff/Defendant)* Respondent(s)

TAKE NOTICE that the Respondent herein named intends, at the hearing
of this appeal, to rely upon the following preliminary objection notice whereof
is hereby given to you, viz.


AND TAKE
follows:-
1.
2.
3, etc.


DATED this


NOTICE that the grounds of the said objection are as


day of


19....


(Plaintiff/Defendant) Respondent(s)

To the above-named (Plaintiff/Defendant)* Appellant(s).


* Strike out words inapplicable.























150

CIVIL FORM 6 Rule 19 (1)

IN THE COURT OF APPEAL

SUMMONS TO PARTIES BY REGISTRAR TO SETTLE RECORD

(State)

Civil Appeal No. of 19.

Between

(Plaintiff/Defendant)* Appellant(s)
and
(Plaintiff/Defendant)* Respondent(s)

TAKE NOTICE that all parties concerned are required to attend before
me at the Registry of ti,. Supreme Court
on the day of
19... at the hour of ill the .noon to settle the record
of appeal herein.

DATED this day of 19....



Registrar.



TO:


* Strike out words inapplicable.





















151

CIVIL FORM Rule 24 (1) (i) (b)

IN TIE COURT OF APPEAL

AFFIDAVIT OF SERVICE OF NOTICE OF APPEAL


(State)

Civil Appeal No.


of 19.


Between

(Plaintiff/Defendant)* Appellant(s)
and

(Plaintiff/Defendant)* Respondent(s)

of


(occupation) do make oath and say:-

That notice of appeal in the above appeal filed herein on the

day of 19. was duly served upon.

the Respondent herein, (here state mode of service)

the day of 19. in accol
with the Court of Appeal Rules, 1968.

Sworn to at the
(address)
on the day of
19 ....


on

rdanee


Before me


Commissioner of Affidavits.


This Affidavit is filed on behalf of ............... ....................


* Strike out words inapplicable.



























CIVIL FORM 8


IN THE COURT OF APPEAL

NOTICE TO THE RESPONDENT OF FILING OF RECORD AND OF
SETTING DOWN OF APPEAL FOR HEARING

(State).


Civil Appeal No.


of 19.


Between


(Plaintiff/Defendant) Appellant(s)

and

(Plaintiff/Defendant)* Respondent(s)
TAKE NOTICE that the above named Appellant has duly filed the record
and documents required to be filed pursuant to rule 24 (1) of the Court of
Appeal Rules 1968 and that I have set down the appeal for hearing before the
Court of Appeal.


DATED this


day of


Registrar


To the Appellant, Respondent, etc.


* Strike out words inapplioable.


Rule 24 (3)

























CIVIL FORM 9

IN THE COURT OF APPEAL

NOTICE OF WITHDRAWAL OF APPEAL


Civil Appeal No.


153

Rule 25


of 19....


Between

(Plaintiff/Defendant) Appellant(s)

and


(Plaintiff/Defendant) Respondent(s)

TAKE NOTICE that the Appellant(s) herein intends) and doth hereby
wholly withdraw his/their appeal against (all) the Respondent(s) in the above-
mentioned appeal.


DATED this


day of


Appellant(s).


The Registrar,
Court of Appeal


And to
and the Registrar of the Court below.


Respondents)


* Strike out words inapplicable.


(State)






















154


CIVIL FORM 10 Rule 31 (4)

IN THE COURT OF APPEAL

BOND FOR COSTS ON APPEAL

(State)
Civil Appeal No. of 19.
Know all men, by these presents, that we
of
and of
and of
are jointly and severally held and firmly bound to
of in the sum
of dollars of lawful money to be paid to
the said his
executors, administrators, or assigns, for which payment well and truly to
be made, we bind ourselves, and each of us for himself, in the whole our and
every of our heirs, executors and administrators, firmly by these presents.

(Signed) (Appellant)
(Surety)
.(Surety)

DATED the day of in the
year of Our Lord, 19....

WHEREAS a suit is now depending in the Court at
wherein the above-bounden
is and the said


AND WHEREAS a judgment was given by the Court below therein, or
the day of for the
said and the
said has filed Notice of Appeal
from the said judgment

AND WHEREAS it is by law provided that the party appealing shall give
security to the satisfaction of the Registrar of the Court below for the due
prosecution of the appeal and for the payment of any costs which may be
ordered to be paid by the appellant:
































155


AND WHEREAS the above-named

and

said
obligation for the purposes aforesaid:


at the request of the

have agreed to enter into this


Now the condition of this obligation is such, that if the said

shall duly prosecute the appeal

and if the above-bounden

and any or either of them shall pay any

costs which may be ordered to be paid by the appellant this obligation shall be

void, otherwise remain in full force.


Signed, sealed and delivered
in the presence of


(L.S.)
(L.S.)
(L.S.)

























CIVIL FORM 11 Rule 37
IN THE COURT OF APPEAL
CERTIFICATE OF THE ORDER OF THE COURT
(State).
Civil Appeal No. of 19....
Appeal from the in the
State of dated the
day of 19.
.Motion
SAppeal No.
(Plaintiff/Defendant) Appellant(s)
V.
(Plaintiff/Defendant)* Respondent(s)

This appeal coming on for hearing on the day
of 19. before
in the presence of
for the Appellant(s) and
for the Respondent(s).

I HEREBY CERTIFY that an Order was made as follows:-

Given under my hand and the Seal of the Court this day
of 19.



Registrar.


* Strike out words inapplicable.
























157

CIVIL FORM 12 Rule 41 (3)

IN THE COURT OF APPEAL

NOTICE OF TAXATION

(State).

Civil Appeal No. of 19 ....

Between

(Plaintiff/Defendant) Appellant(s)

and

(Plaintiff/Defendant) Respondent(s)


TAKE NOTICE that the Bill of Costs of the herein,

will be taxed on the day

of 19. ., at the hour of o'clock

in the .n1oon.

Your absence notwithstanding.

DATED at this day

19.



Solicitor for

To the above-named Appellant/Respondent of



* Strike out words inapplicable.





















158


APPENDIX B

PART I

FEES OF COURT IN CIVIL APPEALS FROM THE HIGH COURT

1. On filing notice of appeal against a final judgment or
decision, entering the appeal for hearing and on judgment
thereunder an inclusive fee of 12.00
2. On filing respondent's notice of intention to contend that
decision of court below be varied 5.00

3. For entering a special case, case stated, point of law or
demurrer for argument, entering same for hearing and on
judgment thereunder an inclusive fee of 7.00

4. On filing notice of appeal against an interlocutory order
or decision, entering the appeal for hearing and on judg-
ment thereunder an inclusive fee of 7.00
5. On making any application not otherwise specifically pro-
vided for, and for filing judgment or order thereunder an
inclusive fee of 5.00
6. On filing bond to secure costs of appeal 2.50
7. C0: filing motion for leave to appeal to the Judicial Com-
mittee of the Privy Council 2.50
8. On filing every bond where the appeal is to the Judicial
Committee of the Privy Council 2.50
9. On filing ord-r for leave to appeal to the Judicial Commit-
tee of the Privy Council 2.50
10. On appointment to settle record on appeal to the Judicial
Committee of the Privy Council 1.25
11. On sealing record on appeal to the Judicial Committee of
the Privy Council 2.50
12. On filing every document or exhibit for which no special
fee is provided .60
13. On taxation of bill of costs including certificate 2.50
14. On certifying any document as an office copy 1.25

15. If in a foreign language, the actual cost of making and
examining the copy, and, in addition, for marking and
,waling tho eopy an n offiep copy .. 1.25






















159

16. For an office copy of a plan, map, section, drawing, photo-
graph or diagram the actual cost of making and examining
the copy, and, in addition, for marking and sealing the
copy as an office copy 1.25

17. For a copy of reasons for judgment per folio of 100 words .15
But with a minimum fee, for one set of reasons, of 1.25
And with a miximum fee for one set of reasons of 25.00

18. For a copy of a report of the Registrar per folio of 100
words .15
19. On perusing and allowing by a Judge or Registrar of any
bond 1.25
20. On sealing a writ of subpoena not exceeding three persons 1.25
21. For a certificate of the Registrar for which no special fee
is provided 1.25
22. (n obtaining appointmePt for examination of a witness
before an officer of the Court or other person 1.25
23. In respect of every witness examined by an officer or other
person in his office, for each hour or part of an hour 1.25

24. For an examination of witnesses away from the office of
the examiner, the reasonable travelling and other expenses
in addition to the fee chargeable under Item 23.
25. For making every search 1.00
26. For an office copy of any document filed in the Registry,
per folio of 100 words, for the first folio .25
For every other folio or part thereof .15
27. On office copies of any document to be included in record-
including judges' notes of evidence, for the first folio to
consist of 100 words .25
For every other folio or part thereof .15

28. On certifying any document as an office copy 1.25

The fees to be taken in the offices of the Sheriff or Bailiff
are the same as those which are required to be taken by
the Sheriff or Bailiff of the State in which the appeal arises
in respect of a like proceeding or act in a cause pending in
the High Court.






























160

PART II

LEGAL PRACTITIONERS' FEES IN CIVIL APPEALS
SCHEDULE OF ALLOWANCES
(Save in respect of item 19. a folio shall consist of one hundred words (or
figures) or parts thereof; four figures to count as a word.)

INSTRUCTIONS
1. Instructions to file notice of appeal (including grounds of
appeal) 12.00
2. Instructions to file notice of cross appeal (including
grounds of appeal) 12.00
3. Instructions to file any application relative to an appeal 7.00
4. Instructions to appear for the respondent to any applica-
tion to an appeal 7.00
5. Instructions to file case stated or special case having regard
to the amount involved in the appeal, its nature, import-
ance and difficulty, the interest of the parties, the other
costs to be ahowed, the general conduct of the proceedings
and all other relevant circumstances 12.00
6. Tnslructions for affidavit and for any other interlocutor
matter, the charge for which is not specified in these scales 3.00
7. Instructions for brief to counsel to advise or to settle
pleadings. This will be allowed where justifiable under the
circumstances of the particular case . 7.00
























8. Drawing notice of appeal including grounds of appeal


9. Drawing uotic of motion


10. Drawing a case stated


11. Drawing
appeal


notice of cross appeal, including grounds of


12. Drawing any order


13. Drawing any petition, affidavit, any notice except a formal
notice, summons, further particulars or request for further
particulars

14. Drawing any writs of execution, arrest or attachment and
any other important document not otherwise provided for













15. Drawing index of record or any index to brief

16. Irafting instructions to Counsel with brief on any matter


17. Drawing
inent


any subpoena or any formal notice-each docu-


18. Drafting a letter or telegram

If more than one folio, for each additional folio


Copy to keep, where necessary, per folio


per folio
for the
first 10
folios,
$1; per
folio for
the next
10 folios
75t, and
there-
after per
folio 360.
(The
mini-
mum
charge
under
these
items
shall be
$7.00
save that
the min-
imum
shall not
apply in
the case
of veri-
fying
affidavits
of service
and other
formal
affida-
Jvits.)

1.75 per

folio


1.50

2.00

.40


.15






















162


19. Drawing Bill of Costs, per folio .75

No,'Ir: A folio is to comprise 72 words, every figure com-
iriscd in a column or authorized to be used being
counted as one word.

COPYING

20. Copies of the record on appeal, if prepared by the appel-
lant's attorney or solicitor, such fee for the first copy and
such fee for additional copies as the Registrar may con-
sider reasonable.
(If not prepared by the appellant's attorney or solicitor
the reasonable cost of the record as a disbursement).

21. Copies of any matter required for the Court, for counsel,
for the attorney or for service or for any other necessary
purpose for the first copy per folio .25
For each additional copy per folio .15

ATTENDANCES

22. At the Registry (clerk's attendance) 2.00

23. On the Registrar in chambers at the rate per hour or part
thereof (to be increased at the discretion of the Taxing
Officer) 5.50

24. On an opposite party, if necessary and proper, the like as
under preceding items

25. On a Judge in chambers-at the rate per hour or part
thereof (to be increased at the discretion of the Taxing
Officer) 8.50

26. In Court where matter listed but not reached, on any day
for each hour or part thereof necessarily and justifiably
spent 5.50

27. Attendance on receipt of letter or telegram 1.50

28. Attendance on receipt of formal acknowledgment 1.00

29. Other merely formal attendances including attendances to
file, to swear affidavits or to bespeak copies .. .. 2.00
























30. Attendances not purely Formal and including attendances
on witnesses and others to obtain statements and other
materials for brief on trial or for use at trial but not in-
cluding attendances to represent parties at hearing in
Court or chambers;

such fee as may be reasonable according to circumstances
with a minimum fee of .. 7.00
in respect of each hour or part thereof
31. Attendance to inspect or produce pursuant to notice per
hour or part thereof 5.50

32. Attendance before a Registrar in chambers on taxation
matters for each hour or part thereof 5.50

33. Attending at hearing as solicitor of an appeal or any other
matter in Court for each day as may be necessary such
sum as may, in the opinion of the Taxing Officer be rea-
sonable not being less than 17.00

34. Attending Court to hear reserved judgment per hour 5.50

35. Attendance upon a shorthand writer to obtain copy of
transcript for appellate purposes 3.00

36. Attendance to issue writ of execution 3.00

37. Any attendance not specifically provided for 2.00

38. Journeys necessarily undertaken.
An allowance for the time necessarily occupied on the
journey and, in the case of a journey to attend the trial,
to include an allowance for the time which, in the opinion
of the Taxing Officer, a legal representative is necessarily
detained at the place of trial. Such sum per day, including
Sunday, as the Taxing Officer may think reasonable, not
to exceed 28.00
Disbursements for fares, hotel and transport expenses are
also to be allowed, but not for normal out of pocket ex-
penses other than board and lodging.
The disbursement allowed for travelling by motor car
shall be at the rate of 25t per mile provided the total dis-
tance travelled exceeds three miles. For journeys under
three miles no allowance shall be made for travelling by
motor ear.




























164


39. Agency correspondence if shown to the satisfaction of the
Taxing Officer that such correspondence has been necessary
and reasonable. Such sums as would be allowed under
items 18 or 40.

40. Letters, messages, etc. Such fee including letters not other-
wise allowed between party and party as the Taxing Offi-
cer may consider reasonable not exceeding 3.00

PERUSALS

41. Perusals of any necessary documents for the first 10 folios
-per folio .50
For each subsequent folio .15

DISBURSEMENTS

42. All Court fees, counsel's fees and other fees and payments
which, in the opinion of the Taxing Officer have been pro-
perly paid, shall be allowed.

MAPS, PLANS AND MODELS

43. The Taxing Officer may allow such fees for maps, plans
and models for use at the trial or hearing as he considers
reasonable.

MARS HAL, SHERIFF AND BAILIFF'S FEES

44. There shall be paid to Sheriffs, Marshals and Bailiffs, such
fees and travelling and subsistence allowances as are by
rules of Court or other law prescribed for the service or
execution of any summons, warrant, writ, or other pro-
cess of the High Court in the State in which the execution
or service is sought to be levied or effected.





















165


APPENDIX C

CRIMINAL FORMS

INDEX TO FORMS


Form Appeal Rules


Appeal Rules
No.


Rule 42


42


43

48 (5)


54


54


56 (3)


56 (3)


56 (4)


56 (4)


58 (3)


58 (3)

58 (5)


Description of Form


Notice of appeal or application for leave to
appeal against conviction or sentence.

Notice of application for extension of time with-
i.. which to appeal.

Judge's certificate.

Declaralion verifying transcript of shorthand
notes.

Notification to appellant of a single judge's de-
cision.

Notice of appeal by appellant from refusal of
a single Judge.

Recognizance of appellant sentenced to payment
of a fine.

Recognizance of sureties for appellant sentenced
to a fine.

Notice of beach of his recognizance to appellant
sentenced to a fine.

Notice to surety for appellant of estreat of re-
cognizances.

Recognizance of bail of appellant convicted on
indictment.

Recognizance of appellant's sureties.

Notice to Officer in Charge of Prisons to release
appellant on bail.


Form
No.


1


2


3

4


5


6


7


8


9


10


11


12

13



























166


Form Appeal Rules Description of Form
No. No.


14 Rule 58 (6) & (8) Warrant for arrest of appellant on bail.


15 59 (1) Notice of abandonment.

16 59 (2) Notification of abandonment of appeal.


17 62 (1) Notification to appellant of result of applica-
tion.

18 62 (1) Notice to authorities of result of application.

19 62 (1) Notification to appellant of the result of his
appeal.

20 62 (1) & Notice to authorities of result of appeal.
63 (1)

21 66 (1) Order to witness to attend court for examination.

22 66 (2) Appellant's application for further witness.

23 66 (5) Nolice to witness to attend before an examiner.

24 66 (7) Caption for deposition of witness examined be-
fore examiner.

























167

CRIMINAL FORM 1 Rule 42

IN THE COURT OF APPEAL

NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL
AGAINST CONVICTION OR SENTENCE

(State)
Criminal Appeal No. of 19.

TO THE REGISTRAR OF THE COURT OF APPEAL.
Name of Appellant

Convicted at the Assizes he.d at


(1) e.g. Larceny, Offence of which convicted
Forgery

Sentence
(2) Set out the Date when convicted
actual date
pponelnch the Date when sentence passed
appellant was
convicted and
sentenced.
(3) If not in Name of Prison.
custody here
set out appel-
lant's address
in full
(4) If the I the above-named appellant hereby give you notice that
ppellntppeal I desire to appeal to the Court of Apeal against my
against convic- (4)
tion he must
write the word on the grounds hereinafter set forth on page 2 of this notice.
conviction''.
If lie wishes to
appeal against
sentence he
must write the
word 'sen-
tence''. If he
wishes to appeal
against both
conviction and
sentence he
must write the
words 'convic-
tion"' and
'' sentence''























168


(5) This notice
must be signed
by the appel-
lant. If he
cannot write lie
must affiix his
mark in the
presence of a
witness.
The name and
address of such
attesting wit-
ness must be
given.
(6) If this notice
is signed more
than fourteen 19.
days after sen-
tence the appel-
lant must also
fill in Form 2
and send it with
this notice.

(7) The appel-
lant must


answer each of
these questions.


(Signed (5)











Dated this (6)


Appellant










day of


QUESTIONS (7)


1. Did the judge before whom
you were tried grant you a
certificate that it was a fit
*ase for appeal?
2. Do you desire the Court of
Appeal to assign you legal
aid ?
If your answer to this ques-
tion is "Yes" then answer
the following questions:-
(a) What was your occupa-
tion and what wages, sal-
ary or income were you
receiving before your con-
viction ?
(b) Have you any means to
enable you to obtain legal
aid for yourself?
3. Is any solicitor now acting
for you?
If so, give his name and ad-
dress.




































169


(8) An appellant
is not entitled
to be present
on the hearing
of an applica-
tion for leave
to appeal.


(9) These must
be filled in be-
fore the notice
is sent to the
Registrar.
The appellant
must here set
out the grounds
or reasons he
alleges why his
conviction
should be
quashed or his
sentence re-
duced.


4. Do you desire to be present
when the Court considers
your -appeal? (8)




Do you desire to apply for
leave to call any witnesses on
your appeal
If your answer to this ques-
tion is "Yes", you must also
fill in Form 22 and send it
with this notice.


Grounds of Appeal or Application (9)
N.B. If one of the grounds set out is "misdirection" by the
Judge, particulars of such alleged misdirection must be
set out in this notice.
The appellant can also, if he wishes, set out, in addition
to his above reasons, his case and argument fully.



























CRIMINAL FORM 2


IN THE COURT OF APPEAL

NOTICE OF APPLICATION FOR EXTENSION OF THE TIME WITHIN
WHICH TO APPEAL

(State)


Criminal Appeal No.


of 19.


TO THE REGISTRAR OF TIE COURT OF APPEAL


Here state the
offence e.g.
larceny, murder,
forgery, etc.



* When applicant
for any reason not
in custody.



Here set out
clearly and con-
cisely the reasons
for the delay in
giving such notice
and the grounds
on which you sub-
mit the Court
should extend the
time.


1,
convicted of the offence of
High Court of Justice, Criminal Assizes, held at
on the


Her Majesty's Prison at


having been
in the


19. ., and being now a prisoner in

*(or now


living at ...), give you
notice that I hereby apply to the Court for an extension of time
within which I may give Notice of Appeal (or Notice of Appli-
cation for leave to appeal) on the grounds following:-




(Signed)


mark)


Applicant.


Signature and
address of witness
attesting mark


DATED this


day of


19...


You are required to send to the Registrar of tie Court,
duly filled up Form 1, together with this Notice.


Rule 42

































Rule 43


CRIMINAL FORM 3

IN THE COURT OF APPEAL

JUDGE'S CERTIFICATE


Criminal Appeal No.


of 19.


THE QUEEN v.
In the Iigh Court of Justice, Criminal Assizes, holden at


State shortly the
offence, e.g.
larceny, murder,
forgery, etc.



Here specify in
general terms the
grounds on which
certificate
granted.


WIIEREAS the said
tried and convicted before me, the undersigned, in
Court on the day of.
a charge of


the said
on


I DO HEREBY CERTIFY that the case is a fit case for
an appeal by the said
to the Court upon the following grounds:-





Judge.

DATED this ............ day of .............. 19....


(State).



























172


CRIMINAL FORM 4 Rule 48 (6)

IN TIE COURT OF APPEAL

DECLARATION VERIFYING TRANSCRIPT OF SHORTHAND NOTES

(State).

Criminal Appeal No. of 19....

TIE QUEEN v.

I,

of
do solemnly and sincerely declare that, having been required by the Registrar
of the High Court to furnish him a transcript of the shorthand note relating

to the trial (or other proceeding) in relation to
which shorthand note is now produced and shown to mne marked ...
and purporting to have been signed and certified by me, I have made a correct
and complete transcript thereof to the best of my skill and ability in pursuance
of the said requir;nment, which said transcript is now shown to me marked "B".
And I make this declaration conscientiously believing the same to be true and
I am aware that If there is any statement in this declaration which is false in
fact, which I know or believe to be false or do not believe to be true, I am liable
to fine and imprisonment.


DATED this .. day of 19.


(Signed) ...... .. ............. .... ... .........




























CRIMINAL FORM 5 Rule 54

IN TIE COURT OF APPEAL

NOTIFICATION TO AP'PELLLANT OF A SINGLE JUDGE'S DECISION

(State).

Criminal Appeal No. of 19....

TIE QUEEN v.

I hereby give you notice that a Judge of the Court of Appeal having con-
sidered your applications) for-
(a) Leave to appeal;
(b) Extension of time within which notice of appeal or of application
for leave to appeal may be given;
(c) Permission to Ihe :ent during the hearing of any proceedings
in your appeal;
(d) Admission to bail;

has refused the applications) marked (and

has granted your applications) marked .......).
If you desire to have the above-mentioned applicationi(s), which have been
refused, determined by the Court, you are required to fill up the enclosed form
and return it to me forthwith.

DATED this day of 19....



Registrar,
Court of Appeal.
To the above-named.





















174

CRIMINAL FORM 6 Rule 54

IN THE COURT OF APPEAL

NOTICE OF APPEAL BY APPELLANT FROM REFUSAL OF A
SINGLE JUDGE

(State)....

Criminal Appeal No. of 19.

THE QUEEN v.

TO THE REGISTRAR OF THE COURT OF APPEAL

I, having received your
notification that my applications) for-
(a) Leave to appeal;
(b) Extension of the time within which notice of appeal or application
for leave to appeal may be given;
(c) Permission to me to be present during the hearing of any proceed-
ings in my appeal;
(d) Admission to bail;
has/have been refused;

DO HEREBY GIVE YOU NOTICE that I desire that the said applications)
shall be considered and determined by the Court (and that as I am not legally
represented I desire to be present at the determination of my said applica-
tion(s)*
(Signed)
(or mark)



Appellant.
Signature and address of
witness attesting mark.

DATED this day of 19.....

If you desire to state any reasons in addition to those set out by you in your
original notice upon which you submit that the Court should grant your said
applications (s) you may do so in the space below.

* Strike out if you do not desire to be present,






















CRIMINAL FORM 7 Rule 56 (3)
IN THE COURT OF APPEAL
RECOGNIZANCE OF APPELLANT SENTENCED TO PAYMENT OF
A FINE
(State).
Criminal Appeal No. of 19.
THE QUEEN v.
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 High Court (Criminal Jurisdiction) at ....................
and has intimated to the said Court that he desires to appeal against his said
conviction 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 con-
siders that tne 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 $. and with sureties, each in the sum of
$. to prosecute his said appeal before the Court of Appeal.
This said doth hereby
acknowledge himself to owe to Our Lady the Queen the said sum of $..........
of good and lawful money, to be made and levied of his goods and chattels, land
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.
Before me
(Signed)
(Signed) .. ... ..... ...............
Registrar of the High Court.-
CONDITION
The condition of the within written recognizance is such that if the said

,of .
shall persona ly appear and be present at and before the Court of Appeal at
each and every hearing of his appeal to such Court and at the final determin-
ation thereof and then and there prosecute his said appeal and abide by the
judgment of such Court, and not depart or be absent from such Court at any
such hearing without leave of such Court, and pay the said sum of $. .........
or such sum as such Court may order to the Registrar thereof, then this recog-
nizance shall be void, otherwise of full force and effect.


(Signed) ..........


Appellant.





















176
CRIMINAL FORM 8 Rule 56 (3)
IN TIE COURT OF APPEAL
RECOGNIZANCE OF SURETIES FOR APPELLANT SENTENCED TO
A FINE
(State)
Criminal Appeal No. of 19.
THE QUEEN v.
TO WIT: Be it remembered that on the day
of 19.
of . ... and ... ..
personally came before the High Court (Criminal Jurisdiction) at ...........
and severally acknowledged themselves to owe to Our Lady the Queen the
several sums following that is to say the said
the sum of $. and 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 tile said Court fail in tie condition herein endorsed.
Taken and acknowledged before the said Court on the day and year first
above-mentioned.
(Signed). .. .... ........
Registrar of the High Court.
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 line 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 of Appeal against
the said conviction, and having, in lieu oC payment at and upon his said convic-
tion of the said sum of $. been ordered to enter into recognizance
of bail himself in the sumn of $. and with sureties in
the sum of $.... if the said ...........
shall personally appear and be present at and bh ore the Court of Appeal at
each and every hearing of his appeal to such Court and at the final determina-
tion thereof, and then and there prosecute his said appeal and abide by the
judgment of such Court, and not depart or be absent from such Court at any
such hearing without the leave of such Court, then this recognizance shall be
void, otherwise of full force and effect.
(Signed)
Surety.
(Signed) ............... ..
Surety.

























1.77

Rule 56 (4)


CRIMINAL FORM 9


IN THE COURT OF APPEAL

NOTICE OF BREACH OF HIS RECOGNIZANCES TO APPELLANT
SENTENCED TO A FINE


(State).


Criminal Appeal No.


of 19...


THE QUEEN v.


TO THE ABOVE-NAMED


APPELLANT


WHEREAS you were convicted on the


19. ., of the offence of


and were sentenced to the payment of $


and in default of such


payment to imprisonment, and you entered into recognizances in the sum


with


sureties in the sum of


each, to prosecute your appeal, and whereas fourteen 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 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,
Court of Appeal.



























178

CRIMINAL FORM 10 Rule 56 (4)

IN THE COURT OF APPEAL

NOTICE TO SURETY FOR APPELLANT OF ESTREAT OF
RECOGNIZANCES
(State).

Criminal Appeal No. of 19.

TO

of

WHEREAS you the above-named, became duly bound in recognizance 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 the said 'olviction 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, Court of Appeal.





















179

CRIMINAL FORM 11 Rule 58 (3)
IN THE COURT OF APPEAL
RECOGNIZANCE OF BAIL OF APPELLANT CONVICTED ON
INDICTMENT
(State).
Criminal Appeal No. of 19.
THE QUEEN v.
BE IT REMEMBERED THAT WHEREAS
was convicted of on
the day of 19. (and
was thereupon sentenced to ..........)
and now is in lawful custody in Her Mr' sty's Prison at
and has duly appealed against his conviction (and sentence) to the Court, and
has applied for bail pending the determination of his appeal, and has been
granted bail on entering into his own recognizance in the sum of
with suretie, each in the sum of the
said personally cometh before me the
undersigned, being the alln acknowledges
himself to owe to Our Lady the Queen the said sum of of
good 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 ., before me.
Signed.
Office: M1agistrate, etc.
CONDITION
The condition of the within written recognizance is such that if the
said ... shall personally appear and
surrender himself at and before the Court of Appeal at each and every hearing
of his appeal to such Courl and at the final determination thereof and then and
there abide by the judgment of such Court and not depart or be absent from
such Court at any such hearing without the leave of such Court, and in the
meantime not depart from his usual place of abode without the leave of such
Court, then this recognizance shall be void, otherwise of full force and effect.
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:-
(Signed) ............. .
Appellant.






















180


CRIMINAL FORM 12 Rule 58(3)
IN TIE COURT OF APPEAL
RECOGNIZANCE OF APPELLANT'S SURETIES
(S ta te ) .................................................................................................................... .............................................
Criminal Appeal No............ of 19..................
THE QUEEN
BE IT REMEMBERED that on this.................... .....da of ...........................................
19.................. of and
........................................................................................................................ o f ...................................... .. ...... ......
personally came before me the undersigned being the
..................................... .................... of...........................................................................................an d sev era lly
acknowledged themselves to owe to Our Lady the Queen the several suims
following, that is to say, the said................
the sum of $....................................... and 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 in law ful custody in er M ajesty'
Prison at fail in the condition hereon
endorsed.
Taken and acknowledged before me the undersigned, the day and year
first above-mentioned.

Magistrate, etc.
CONDITION
The condition of the within written 'cognizance is such that whereas
th e said .............................................................................................. .. .................................. h av in g b een on -
victed of ....................................................................................................................... an d n ow in such law ful
custody as before m mentioned (under a sentence of ................................ ....................................
for such offence), has duly appealed to the Court of Appeal against his said
conviction (and sentence) and having applied to such Court for bail, pending
the determination of his said appeal, has been granted bail on his entering
into recognizance in the sum of $................... ................... if the said......................................
...................................................................................... ................shall personally appear and surrender
himself at and before such Court at each and every hearing of his said appeal
to such Court and at the final determination thereof, and then and there abide
by the judgment of such Court, and not depart or be absent from such Court
at any such hearing without the leave of such Court, and in the meantime not
depart from his usual place of abode without the leave of such Court, then this
recognizance shall be void, otherwise of rull force and effect.
(S ign ed ).. ............................................................. ...........................
Surety

Surety
























CRIMINAL FORM 13 Rule 58(5)
IN THE COURT OF APPEAL
NOTICE TO OFFICER IN CHARGE OF PRISONS TO RELEASE
APPELLANT ON BAIL
(S ta te ) ........................................................................................................ ............................... ...
Criminal Appeal No. .............................. of 19 ..................
THE QUEEN v.
TO THE OFFICER IN CHARGE OF PRISONS
WHEREAS ................................. was
co n v icted of..................................................................................................................o n th e ..... ..........................d a y
of ...................................... .. .............. .................19............... (and w as thereupon sentenced
to ................................................. ......... ........................) and now is in law ful custody in H er
M ajesty's P rison at......................................................
AND WHEREAS ................................ having
duly appealed to the Court of Appeal against such conviction (and/ or sen-
tence) and having duly applied to that Court, has been granted bail by the
said Court pending the determination of his sa!d appeal on entering into
recognizance himself in the sum of $.......................................... (and with...............................
sureties each in the sum of $.......................................... the forms provided under
these Rules.
AND WHEREAS I, the Deputy Registrar of the said Court of Appeal,
have been given to understand that the said.................................. .............................
............................................................... .. .................................is now y our law ful custody in th e
said prison under the said conviction and sentence.
AND WHEREAS I have received a recognizance of the said.......... .........
and recognizanl from ...............................................
sureties for the said ......................................... and the
said recognizances are in due form and in compliance with the order of the
said Court of A ppeal adm hitting the said............................................................... ............................
to bail.
Now I do give you notice thai if the said................................
do remain in your custody under the said
onlvietion (and sentence) and for no other cause you shall on receipt of this
notice suffer him to go at large. And this notice shall be your authority in
that behalf.
DATED this .............. ...........day of .... ................................
(S ig n e d ) ............................................................................. .................................
Deputy Registrar,
Court of Appeal.


























182


CRIMINAL FORM 14 Rule 58(6) & (8)

IN THE COURT (F APPEAL

WARRANT FOR ARREST OF APPELLANT ON BAIL

(Slate) ............................
Criminal Appeal No. of 19..................

THE QUEEN
TO THE CONSTABLES OF THE POLICE FORCE,
(a) State A N D T O TH E (a ........................................ .................
Office.
Head of OF HER MAJESTY'S PRISON AT
Prisons.
PHrE R E A ...................................................................................
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 Constables forthwith to
a p p reh en d th e sa id ............................. ......................................................................................... a n d
(a) State to bring him tle (a).......... .............. ...... of the said
Office.
Head of prison and there deliver him with this warrant into the custody of the said
Prisons. (a) ..................................... and you the said

(a) .................................................. aie hereby required to
receive e th e sa id ................................... .................. ......... ...................... in to
your custody in the said prison and there safely to keep him until further
order of the said Court.


Presiding Judge.

D A TE D thi s.................................... ay of................................................................. .......1......9 ............



























183

CRIMINAL FORM 17 Rule 59(1)

IN TIE COURT OF APPEAL
NOTICE OF ABANDONMENT

( S ta t e ) ..................................................................................................................................................................

Crimini al A appeal N o ......................... ..... of 1! ..................

THE QUEEN

TO THE REGISTRAR OF THE COURT OF APP'EAl2.

1, having been

o n v i ted o f..................................................................................... .......... ................... th e ig C o u rt

(Criminal Jurisdiction) and

having been ts of appealing to theI Court agai -t my said conviction ( o

tile sentence of ..................................... passed upon m e

on my said conviction) do hereby give you notice that I do not intend further
to prosecute lly appeal, but that 1 hereby abandon all further proceedings in
regard thereto as from the date hereof.


(Signed)
(or mark)
Signature and address of
witness attesting mark.


DATED TH IS........................................... .day of .....................................................................


19...............























184

CRIMINAL FORM 16 Rule 59(2)

IN TIE COURT OF APPEAL

NOTIFICATION OF ABANDONMENT OF APPEAL

(State)
Criminal Appeal No .......... of 19..................

TIE QUEEN

TO TIE DIRECTOR OF PUBLIC PROSECUTIONS.
*This i, to give you notice that I have this day received from the above-

named .............. a notice of
abondonment of an proceedings in regard to his appeal to the Court. The

said notice is dated the ............... ay of ........ 19............

By Rule 59 (1) of the Court of Appeal Rules 1968, upon the notice of

abondonment being given the appeal shall be deemed to have been dismissed

by the Court.

D A T E D this.............. ...day of .......................................... ...............................1...........



Registrar of the Court of Appeal.




* Send copies addressed to:-
(a) The Governor or the Administrator, if the conviction involved a sen-
tence of death.
(b) any other respondent.
(c) The Prison Authority, and
(d) The Registrar of the court below,




























185


CRIMINAL FORM 17 Rule (2(1)

IN TIIE COURT OF APPEAL

NOTIFICATION TO APPELLANT OF RESULT OF APPLICATION

(S ta te ) .........................................

Criminal Appeal No ..... of 19..................

THE QUEEN v.
To the above-named Appellant.
This is to give you notice that the Court has 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;
(d) admission to bail;
(e) insert here nature of any other application that may have been made;
and has finally determined the same and has this day given judgment to the
effect following:-




Registrar of the Court of Appeal.


DATED this..... .......................day of .....


................................19............

























186


CRIMINAL FORM 18 Rule 62(1)

IN THE COURT OF APPEAL

NOTICE TO AUTHORITIES OF RESULT OF APPLICATION
(S ta te ) ...........................................................

Criminal Appeal No. of 19 ..................

TIE QUEEN v.
To the Registrar of the High Court*
To.....
This is to give you notice that the above-mentioned having applied for-
(a) leave to appeal to the said Court;
(b) leave to extend the time within hi ich lie may give notice of appeal
or of application for leave to appeal;
(c) permission to be present during the proceedings in his appeal;
(d) admission to bail;
(e) insert here nature of any other application that may have been made.

the Court has this day finally determined his said applications and has given
Here set judgment to the effect following:-
out the
decision of
the Court.


Registrar of the Court of Appeal.

Send copies addressed to:-
(a) The Governor or the Administrator, if sentence of death has been passed.
(b) The Director of Public Prosecutions or other respondent, and
(c) The Prison Authority.






























187


CRIMINAL FORM 19


Rule 62(1)


IN THE COURT OF APPEAL

NOTIFICATION TO APPELLANT OF THE RESULT OF HIS APPEAL

( S ta t e ) ......................................................................................................... ..........................................
Crim inal A ppeal N o. ...................... of 19..................

THE QUEEN

To the above-named Appellant.

This is to give you notice that the Court, having considered the matter of
your appeal, has finally determined the same and has lihis day given judgment
to the effect following:-






Registrar of the Court of Appeal.


Dated this


day of



























188


CRIMINAL FOEM 20 Rules 62(1)
and 63(1)
IN THE COURT OF APPEAL

NOTICE TO AUTHORITIES OF RESULT OF APPEAL
(S tate) ..................... . ..................
'rim final A appeal N o ........................ of 19..................

THE QUEEN v.
To the Registrar of the High Court*
T o ....................................
This is to give you notice that the above-named having appealed against
his conviction of the offence of...........
before the ('Co rt, and/or the sentence of.......................................
passed upon him for the offence of by
the High Court (Criminal Jurisdiction) the
Court has finally determined the said appeal, and has this day given judgment
therein to the effect following:-
Here set
out the
decision of
the Court.

Registrar of the Court of Appeal.

D A T E D th is ..... ..........................d ay o f............................. ............................................ 19 ........
Send -opies addressed to.-
(a) The Governor or the Administrator, if sentence of death is involved.
(b) The Director of Public Prosecutions or other respondent.
(c) The Prison Authority.
































CRIMINAL FORM 21


IN THE COURT OF APPEAL

ORDER TO WITNESS TO ATTEND COURT FOR EXAMINATION

(S ta te ) ...................................................... ....... ...................................


Criminal Appeal


of 19..................


TIE QUEEN v.


T o................................ ............


Name, etc.
of witness.


WHEREAS on good cause shown to the Court you have been ordered to
attend and be examined as a witness before such Court upon the appeal of
the above-named.

This is to give you notice to attend before the said Court at...........

on the

d ay of ............................................... .... at............................... o'clock in th e....... ................ oon .

You are also required to have with you at the said time and place any books,
papers or other things relating to the said appeal of which ylo may have had
notice so to produce.



r of t C o t of A ppe....................................
Registrar of the Court of Appeal.


DATED the ............................................................ day of


................................. .. .................................


Rule 66(1)


19............


























190

CRIMINAL FORM 22 Rule 66(2)

IN THE COURT OF APPEAL

APPELLANT'S APPLICATION FOR FURTHER WITNESS

(State) ..............................

Crime final Appeal No. .......... of 19..................

THE QUEEN v.

I,
having appealed to the Court, hereby request you to take notice that I desire
that the said Court shall order the witnesses hereinafter specified to attend
the Court and he examined on my behalf.

(Signed)
(or mark)



Appellant.

Signature and address of
witness attesting mark.

D A T E D th is..... ...... ..................d................. ay of ................................ ........................ . ......... 19............

You are required to fill up the following and sign the same-
1. Names and addresses of witnesses.
2. Whether such witnesses have been examined at t ial.
3. If not, state the reason why they were not so examined.
4. Onl what matters do you wish them to be examined on the appeal.

State shortly the evidence you think they can give.































CRIMINAL FORM


Rule 66(5)


IN TIE COURT OF APPEAL

NOTICE TO WITNESS TO ATTEND BEFORE AN EXAMINER.

(State) ...... ...............................................


Criminal Appeal No...


..of 19 .................


THE QUEEN


T o..............................

of..............................................................................


WHEREAS on good cause shown to the Court you have been ordered to
be examined as witness upon the appeal of the above-named, and your deposi-
tion to be taken for the use of the said Court.


This is to give you notice to attend at (a)

on the ................................................ day of

(b)

th e............................................... n oon .


(a) Specify
place of ex-
amination.
........1 )............ before

at ..............................o'clock in (b)Fillin
examiner '
name.


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 may have had notic so to
produce.



gistr of t Co........................... t of Appeal.
Registrar of the Court of Appeal.


DATED this ................................ .....day of ...........


191


....................................................... 19 ..... .......


























192


CRIMINAL FORM 24 Rule 66(7)

IN THE COURT OF APPEAL

CAPTION FOR DEPOSTION OF WITNESS EXAMINED
BEFORE EXAMINER

(State) ...................
Criminal Appeal No. ........of 19.......................

THE QUEEN

The (ldposition (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 the

.......................... .............................. d a y o f ....................................................................................... 1 ............ in th e

presence of the said..... Appellant

(or of his professional i epre tentative) and the Respondent at........................

on the............................................... day of .......................19............ w h ich said

Appellant (or his professional representative) 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 adm inistered by
me) said as follows:-




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