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 Act No. 8 of 1970: An Act to repeal...
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Title: Saint Vincent government gazette
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STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00077473/01147
 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: April 28, 1970
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: VID01147
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
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    Act No. 8 of 1970: An Act to repeal and replace the Supreme Court Ordinance, 1941, and to make provision for the exercise of jurisdiction in St. Vincent by the West Indies Associated States Supeme Court and for other matters connected therewith
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    Act No. 8 of 1970: An Act to repeal and replace the Supreme Court Ordinance, 1941, and to make provision for the exercise of jurisdiction in St. Vincent by the West Indies Associated States Supeme Court and for other matters connected therewith
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    Act No. 9 of 1970: An Act to amend the Criminal Procedure Ordinance, Cap. 5
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Full Text

























SAINT VINCENT



GOVERNMENT GAZETTE


uiblishje tn nAuthority.


VOL. 103.1 SAINT VINCENT, TUESDAY, 28 APRIL, 1970. [No. 27.


GOVERNMENT NOTICES

No. 119.
APPOINTMENTS

CIHATEAUBELAIR TOWNv BOARD
NOMINATED MEMBERS

It is hereby notified for General
information that Cabinet has approved
the appointment of Mr. OTTLEY DE-
BIQUE and Mrs. IRVINE THOMPSON to
serve as nominated members of the
Chateaubelair Town Board for the rest
of the Board's Term ending 31st Decem-
ber, 1970.
28th April, 1970.

No. 120.
HOSPITAL BOARD OF VISITORS
KINGSTOWN GENERAL HOSPITAL

The undermentioned persons have
been appointed members of the Board
of Visitors for the Kingstown General
Hospital for the year ending 31st De-
cember, 1970:
Mr. J. L. CHAP-MAN (Chairman)
F. J. DARE
,, DAVID DEAR
Mrs. H1. H. HAMLETT
I H. H. WILLIAMS
SHIRLEY SQUIRE.
17th April, 1970.
(HTH/011/13)


Ni. 121.
ACTING APPOINTMENT

Mr. P. DERoc'iE as Secretary and
Technical Officer, Centra! losing and
Planning Authority, with effect fri)m
13th April, 1970, and until further no-
tice.
28th April, 1970.

No. 122.
RESUMPTION OF DUTIES

The Honourable K. L. GORDON, Jus-
tice of Appeal, has today resumed his
duties.
Office of the Judicial &
Legal Services Commission,
St. George's,
Grenada.
April 15, 1970.

No. 123.
VACATION LEAVE

The Honourable E. L. ST. BERNARD,
Puisne Judge, has been granted 12 days
vacation leave as from 15th April, 1970.
Office of the Judicial &
Legal Services Commission
St. George's,
Grenada.
April 15, 1970.


'.4













208 SAINT VINCENT, TUESDAY, 28 APRIL, 1970.-(No. 27.)


No. 124.
ERRATUM

Vith reference to the recent advertise-
ment for posts in the Drawing Office,
Lands and Surveys Department, Min-
Istry for Agriculture, Trade and
Tourism, please note that the post to be
filled at (1) is that of Surveying
Draughtsman and not Senior Surveying
Draughtsman as was stated.
28th April, 1970.


No. 125.
TENDERS FOR PiRCIIA'SE OF FISHERIES
BOATS

Tenders are invited for the purchase
of
(a) Auxiliary fishing vessel "Flam-
o length 46' O.A. Benim 13'
Draughlt b' and' fitted with 31
II.P. Lister Diesel Engine, insu-
lated fishhold and sleeping ae-
commnodation for five (5) persons.
(b) Fishing demonstration boat 25
feet long.
The "Flamingo" is anchored at the
Carenage and may be inspected daily
except Sunday, between the hours of
9.00 a.m. and 12.00 noon. The demon-
striLion boat could be seen at the "Quar-
ry' interested persons should contact
ti!e Ministry of Agriculture, Trade and
Tourism.
Sealed tenders should be addressed to
the Chairman, Tenders Board, to reach
him not later than 3 p.m. 15th May,
1970 and should be clearly marked on
the envelope '"Tender for Fisheries
Boat".
28th April, 1970.


No. 110.


VACANT POSTS


VACANT POST OF- AMBULANCES DRIVER,
KlN.GSTOWN GENERAL HOSPITAL

Applications are invited for the post
of Ambulance Driver at the Kingstown
General Hospital.
2. Applicants, who should be between
the ages of 20 and 30 years, should hold
: current Driving Licence, have had no
Driving Offences, and.produce a Medi-
cal Certificate of Fitness which includes
a satisfactory Eye Test.
3. Salary will be paid in the Scale
$1,z00 x $60-$1,620 x 84-$1,788.


4. Applications, accompanied by two
recent Testimonials, should be forward-
ed to the Chief Personnel Officer, Ser-
vice Commissions Department, Kings-
town to reach him not later than 30th
April, 1970.
17th April, 1970.



No. 112.
VACANT POSTS IN THE DRAWING OFFICE,
LANDS & SURVEYS DEPARTMENT,
MINISTRY FOR AGRICULTURE, TRADE
& TOURISMt.

Applications are invited for the fol-
lowing vacant posts in the Drawing
)Ofice, Lands & Surveys Department,
Ministry of Agriculture, Trade & Tour-
ism :-
(1) Senior Surveying Draughtsman,
with salary scale $2,400 x $120-
$2,880/3,048 x $144-$3,624 x
$180-$3,984. To be filled on a
permanent and pensionable basis.
(2) Assistant Draughtsman, with sal-
ary scale $1,392 x $84-$1,560 x
$96-$2,040 x $120-$2,880. To
be filled on a permanent and pen-
sionable basis.
(3) Assistant Draughtsman, with
salary scale $1,392 x $84-$1,560
x $96-$2,040 x 120-$2,880. To
be filled on a temporary month-
to-month basis.
2. Preference will be given to appli-
cants who hold the General Certificate
of Education at Ordinary Level with
passes in Mathematics and English Lan-
guage. An aptitude for line drawing
would be an asset.
3. Successful applicants may be
trained further overseas after a short
period of service in the Department.
4. Applications in the applicant's
own handwriting and accompanied by
two recent testimonials should be ad-
dressed to the Chief Personnel Officer,
Service Commissions Department, to
reach him.not later than 6th May, 1970.



BANK HOLIDAY

Under the Bank Holidays Ordinance,
Friday the 1st May, 1970 (Labour Day)
being a Bank Holiday, all Public Of-
fices will be closed on that day.
28th April, 1970.













SAINT VINCENT, TUESDAY, 28 APRIL, 1970.-(No. 27.)


No. 117.


TRAINING IN STENOGRAPH TOUCH
SHORTHAND
DUFF's COLLEGE, BARBADOS



Applications are invited from suitably
qualified persons for training in Steno-
graph (Machine Shorthand) at Duff's
College, Barbados.
Candidates must have a Credit in
English Language at G.C.E. '0' Level
and should be able to type at 30 w.p.m.
Two awards will be offered for the
course commencing July 15th, 1970.
Successful candidates will be required
to enter into a Bond with sureties to re-
turn to work with Government at the
end of their training.

Applications, on Form T1, should be
submitted to the Chief Personnel Officer,
Service Commissions Department, for
attention of Training Officer, by Thurs-
day April 30th, 1970.
April 9th, 1970.



No. 126.
LEGISLATION



The undermentioned Acts which have
been assented to by His Excellency the
Governor are published with this issue
,of the Gazette:-
No. 8 of 1970.-An Act to repeal and
replace the Supreme Court Ordin-
ance, 1941, and to make provision
for the exercise of jurisdiction in
St. Vincent by the West Indies
Associated States Supreme Court
and for other matters connected
therewith.

No. 9 of 1970.-An Act to amend
the Criminal Procedure Ordinance,
Cap. 5.

By Command,

C. IVOR MARTIN,
Permanent Secretarii.
Premier's Office.

PREMIER'S OFFICE,
ST. VINCENT.
28th April, 1970.


DEPARTMENTAL AND
OTHER NOTICES.

ADOPTION BOARD

The Agency, Children Service Centre,
Montreal, is willing to place children in
adoption homes in St. Vincent. The
children are of mixed racial background
and photographs of some of the children
are available.
Interested persons can obtain further
details from the Secretary, Mrs. Zina
Garraway, c/o Registry, Kingstown.

S. A. BROWNE,
Chairman of the Adoption Board.


ST. VINCENT

IN THE IIIGII COURT OF JUSTICE
CIVIL

SUIT No. 63/1969
BETWEEN
AUGUSTUS MITCHELL -Plaintiff
AND


EDMUND REVIERE


-Defendant


It is hereby notified for general in-
formation that the undermentioned pro-
perty of the above named defendant of
New Montrose Levied upon by virtue of
a Writ of Seizure and Sale issued in the
above suit will be put up for sale by
public auction at the Court House
Kingstown on Saturday the 16th day of
May, 1970 between the hours of 9.30
a.m. and 12.00 noon.
That is to say:
(1) Motor Vessel "Sea Mist"
Measuring 65 Feet Overall.

A. T. WOODS,
Registrar Supreme Court.

NOTICES

FORESHORE RECLAMATION-
KINGSTOWN

It is notified for general information
that the Contract for the construction
of the Foreshore Reclamation, Kings-
town, St. Vincent, has been awarded to
the Trinidad Dredging Company Lim-
ited.














210 SAINT VINCENT, TUESDAY, 28 APRIL, 1970.-(No. 27.)


The works included in the contract
are:-
(1) Construction of a rock filled sea-
wall approximate length 2,000
feet long.
(2) Construction of reclamation be-
tween seawall and tile existing
foreshore by dredging in Kings-
town Bay for filling material ap-
proximate volume of filling in
reclamation 350,000 cu. yd.
(3) Construction storm water outfall
channels and drains across the
reclamation.

MOULTON V. WILLIAMS,
Permanent Secretary/
Communications, Works and Labour.
21st April, 1970.

It is notified for general information
that the undermentioned vehicles will
be offered for sale by Public Auction
at the Public Works Compound, Arnos
Vale on Wednesday 29th April, 1970 at
1.30 p.m.
1. Bedford Dump Truck
Reg. No. T 992


2. Bedford Dump Truck
Reg. No.
3. Chassis only for
4. Bedford Van
5. Morris Van
6. Morris Van
7. Land Rover
8. Humber Hawk (State Car)
9. Massey Fergussen-Front
and Loader and Swipe.


T1093
T1128
T 562
T 501
T1230
T 853


These vehicles may be seen at the Pub-
lic Works Compound, Arnos Vale on
any working day.

MOULTON V. WILLIAMS,
Permanent Secretary/
Communications, Works & Labour
2nd April 1970.

It is notified for public information
that the undermentioned plant and
machinery will be offered for sale by
Public Auction at the Public Works
Compound, Arnos Vale on Wednesday
6th May, 1970 at 1.30 p.m.
1 Holman Drill
1 Caterpillar Grader
1 Massey Fergusson Tractor
1 Bay City Crane
1 Engine for Crushing Plant
1 Crane


1 Swipe
13 Oxygen Cylinders
1 Billiard Table.
These plant may be seen at the Public
Works Compound, Arnos Vale, on any
working day.

MOULTON V. WILLIAMS,
Permanent Secretary/C.W.L.
14th April, 1970.



COMMONWEALTH
SCHOLARSHIPS:
NEW ZEALAND

Applications are invited from suitably
qualified persons for the award of schol-
arships under the Commonwealth
Scholarship and Fellowship Plan, ten-
able from March 1971, at Universities in
New Zealand.
Awards are primarily available, in
any field, for post-graduate study or re-
scarch but applications will also be con-
sidered from persons without a degree
who wish to take a course of study not
offered by the University of the West
Indies.
Applications for undergraduate study
may therefore be submitted in the fol-
lowing fields:
Architecture (professional), Music &
Fine Arts, Philosophy, Psychology,
Dental Public Health (Dip.) Op-
tometry (Dip.)
Awards, covering travel, living and
study expenses, will normally be for two
academic years, but may be extended as
required. Only in exceptional circum-
stances will applications be considered
from candidates over 35 years of age.
No provision is included for the travel
expenses of any dependants, but a mar-
riage allowance is payable to a married
scholar whose wife is not in paid em-
ployment.
Two nominations may be made by St.
Vincent. Successful applicants are re-
quired to sign an undertaking to return
to St. Vincent at the end of the scholar-
ship.
Applications, on Form Tl, should be
submitted to the Chief Personnel Officer,
Service Commissions Department, for
attention of the Training Officer, by
Saturday May 30th, 1970.

MARY E. MORGAN,-
for Chief Personnel Officer.
10th April, 1970.














SAINT VINCENT, TUESDAY, 28 APRIL, 1970.-(No. 27.) 211


COMMONWEALTH
SCHOLARSHIPS:
MALAYSIA

Applications are invited from suitably
qualified persons for the award of schol-
arships under the Commonwealth
Scholarship and Fellowship Plan, ten-
able from May 1971 at the University of
Malaya, Kuala Lumpur.
These awards are for research or port-
graduate studies only, in the following
fields:
Arts, Science, Medicine, Agriculture,
Engineering, Education, Economics,
Administration.
Awards, covering travel, living and
study expenses, will normally be for two


academic years, to graduates under 35
years. A male married scholar may be
accompanied by his wife, but no provi-
sion is included for expenses of any
other dependents.
Two nominations may be made by St.
Vincent. Successful applicants are re-
quired to sign an undertaking to return
to St. Vincent at the end of the scholar-
ship.
Applications, on Form TI, should be
submitted to the Chief Personnel Officer,
Service Commissions Department for
attention of the Training Officer, by
saturday May 30th, 1970.

MARY E. MORGAN,
for Chief Personnel Officer.
10th April, 1970.


WAGES REGULATION PROPOSALS


PROPOSALS ONLY TO BE POSTED UNTIL 12TH MAY, 1970
Further notice will be given if a Wages Regulation Order is made giving
effect to the proposals set out hereunder.

WAGES COUNCIL ORDER NO. 3 OF 1970

SHOP ASSISTANTS WAGES COUNCIL

The Shop Assistants Wages Council hereby gives notice of its intention
to submit to Cabinet proposals for fixing Statutory minimum remuneration,
holidays with pay and overtime wages specified in the Schedule below.
The Wages Council will consider an written representation with respect
to these proposals sent to it within 14 days from 28th April, 1970. Any such
representation should be SIGNED by the person making the same (giving his
or her address) and sent to the Secretary of the Wages Council.
It is desirable that persons making objections should state precise grounds
for their objections.
Dated this 9th day of April 1970. Issued by Order of Shop Assistants
Wages Council.


R. IRVIN SAMUEL,
for Secretary Wages Council.


Department of Labour
Kingstown
9th April, 1970.


SCHEDULE
MINIMUM REMUNERATION OF SHOP ASSISTANTS
1. The minimum rate of remuneration to be paid to the assistant shall
.be as follows:-
A. Sales Clerks
(a) Males -$90.00 per month or $20.00 per week
(b) Females -$72.00 per month or $16.50 per week.













212 SAINT VINCENT, TUESDAY, 28 APRIL, 1970.-(No. 27.)


Provided that the minimum remuneration to be paid to sales clerks
under 18 years and over the age of 14 years shall be seventy-five per centum
of the above.
Provided further that sales clerks 18 years of age and over who have
been employed for the first time as a clerk shall be paid for the first six months
seventy-five per centum of the above rate and thereafter the above minimum
rates shall be paid.
B. Other Categories
(a) Cash Boys -$12.00
(b) Office Boys -$12.00
(c) Packers preparing goods for sale and in the
store room -$15.00
(d) Porters -$18.00
(e) Watchman -$18.00
"Sales Clerk" means any person engaged in selling any goods or
articles to members of the public and includes cashiers and persons employed
at Gas Stations.
"Cash Boys" means any person under 18 years of age taking goods
and cash to the cashier from the sales clerks to be paid for by the customer.
"Office Boy" means any person performing the duties of messenger
in the office of a shop.
"Packers" means any person working in the store room weighing
and parcelling goods and packing goods in the display shelves in a sales room
and persons engaged in assorting and packing goods in the store room and
delivering goods to the sales clerks.
or place of business or on the premises of a business.
"Porters" means any person transporting goods to or from a shop
"Watchman" means persons employed to watch shops or offices during
holidays or at night.
C. Office Clerks
(a) Male -$100.00 per month
(b) Female -$ 80.00 per month
Provided that the minimum remuneration to be paid to all Office
Clerks under the age of 18 years and over the age of 14 years shall be seventy-
five per centum of the above rates.
Provided further that Office Clerks 18 years and over who have been
employed for the first time as an Office Clerk shall be paid for the first six
months eighty per centum of the above rate and thereafter the above minimum
rate shall apply.
"Office Clerk" means a book-keeper, a typist or any person employed
in a shipping, commission, estate or insurance office.
2. Overtime Wages
(1) Every person employed:-
(a) in or about the business of any shop-
i. on a Public Holiday; or
ii. during any period in excess of eight hours including one hour
for meals on any day; or
iii. during a period of natural disaster; or
iv. in the town of Kingstown and within a radius of two miles
thereof; outside normal working hours
(b) in or about the business of an Airport Shop-
(i) on Sundays; or
(ii) earlier than eight o'clock in the morning or later than four
o'clock in the evening of any day














SAINT VINCENT, TUESDAY, 28 APRIL, 1970.-(No. 27.) 213


(c) in or about the business of any shop other than an Airport shop
or pharmacy-
(i) during any period in excess of forty-four hours in any week; or
(ii) later than four o'clock in the afternoon on any day during
the Christmas shopping season
shall be entitled to be paid overtime for the period during which he is employed.
(2) The hourly rates of overtime shall be:-
(a) in respect of employment-
(i) in any shop outside the prescribed hours of business during
the period of a natural disaster; or
(ii) in any shop other than an Airport Shop or pharmacy during
the period in excess of eight hours in any day, or later than
four o'clock in the afternoon on any day during the Christmas
shopping season; or
(iii) in an Airport Shop earlier than eight o'clock in the morning
or later than four o'clock in the afternoon on any day,
one and one-half times the hourly equivalent of the normal wages
payable to the person so employed during the week in which
he was so employed;
(b) in respect of employment in any shop on a public holiday; twice
the hourly equivalent of the normal wages payable to the person so
employed.
Provided that the total amount paid for such employment shall
not be less than the sum of two dollars.
(c) in respect of employment-
(i) in an Airport Shop during any period in excess of eight hours
in any Clay; or
(ii) in any shop in any circumstances specified in sub-paragraph 1
of this paragraph otlier than circumstances in respect of which
overtime rates are specified in (a) and (b) of this sub-para-
graph (2)
twice the hourly equivalent of the normal wages payable to the
person, so employed during the week in which he was so employed.
(3) Where normal wages are not payable to any person during any
week in which he is so entitled to be paid overtime wages under
this Order, then, for the purpose of calculating such overtime
wages:-
(a) the last normal wages payable to him before he becomes
entitled to such overtime wages; or
(b) if normal wages were never payable to him, or if it is im-
practicable to use the normal wages prescribed in (a) of this sub-
paragraph (3) as a basis for calculating such overtime wages the
normal wages payable during that week to any person working in
the same category as himself either in the same shop or in any other
shop in the district, village or town.
shall be deemed to be the normal wages payable to him during that week.

3. Holidays with pay.
(a) Every Shop Assistant shall, in a Idition to Public Holidays, be
entitled to not less than fourteen working days holiday in every year,
with full pay, after the completion of a year's service. If during the
course of second year or any subsequent year of employment, the ser-
vices of a Shop Assistant should be terminated, he shall be paid tor
the proportional part of the holiday due at the time of the termination.
(b) Every Shop Assistant who has completed six months continuous
service shall, in addition to the above, be entitled to seven days sick
















214 SAINT VINCENT, TUESDAY, 28 APRIL, 1970.-(No. 27.)


leave with full pay on production of a Medical Certificate before the
third. day of absence from work through illness.
Provided that -no Shop Assistant shall be entitled to more than seven
days sick leave in.any one year.


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









THE WEST INDIES ASSOCIATED STATES SUPREME COURT
(SAINT VINCENT) ACT, 1970

Act No. 8 of 1970.
ARRANGEMENT OF SECTIONS.

PRELIMINARY

Section. Marginal Note.

1. Short title,
2. Interpretation.
3. Reference to Supreme Court to be deemed a reference to the High
Court.
4. How Supreme Court Judges shall be addressed.
5. Constitution of the Court.
PART I-THE HIGH COURT '
6. Jurisdiction of former Supreme Court vested in .High Court.
7. Jurisdiction of High Court.
8. Jurisdiction of High Court in Admiralty.
9. Practice in Bankruptcy.
10. Practice in criminal proceedings.
11. Practice in Civil Proceedings and in Probate, Divorce and Matri-
monial causes.
12. Jurisdiction of single judge.
13. Law and equity to be concurrently administered.
14. Equities of the plaintiff.
15. Equitable defences.
16. Counterclaim and third parties.
17. Equities appearing incidentally.
18. Defence or stay instead of injunction or prohibition.
19. Common law and statutory rights and duties.
20. Determination of matters completely and finally.
21. Rules of equity to prevail.
22. Declaratory order.
23. Mode of trial.
24. Granting of mandamus, etc.
25. Execution of instruments by order of court.
26. Restrictions on institution of vexatious actions.
PART II-THE COURT OF APPEAL
Jurisdiction of Court of Appeal
27. Jurisdiction vested in Court of Appeal.
28. Right of appeal from judgments or orders in Chambers.











Section. Marginal Note.


29. Practice and procedure in the Court of Appeal.
30. Appeals from Magistrate's Courts.

Civil Appeals from High Court.
31. Appeals from High Court in Civil Matters.
32. Powers of Judge.
33. Powers of Court of Appeal on hearing an appeal.
34. Supplementary powers uf Court of Appeal.
35. Power of Court of Appeal as to new trials.
36. Wrong rulings as to sufficiency of stamps.

Criminal Appeals from High Court
37. Criminal Appeals from High Court.
38. Right of appeal in criminal-cases.
39. Determination of appeals in certain cases.
40. Powers of court in special cases.
41. Supplementary provisions where appeal against special verdict
allowed.
42. Re-vesting and restitution of property on conviction.
/43. Supplementary powers of Court of Appeal.
44. Duty to admit fresh evidence.
45. Admission of Appellant to bail and custody when attending court.
46. Computation of sentence.
47. Time for appealing.
48. Stay of execution.
49. Judge's notes and report to be furnished on appeal.
50. Legal assistance to appellant.
51. Right of appellant to be present.
52. Costs of appeal.
53. Duties of Registrar with respect to notices'of appeal, etc.
54. Shorthand notes etc.
55. Powers which may he exercised by a Judge of the Court.
56. Case stated or questions of law reserved.
57. Provisions of this Act applicable to proceedings under section 55.
58. Prerogative of mercy.
59. Criminal information.
-\
Appeals in Contempt Proceedings
60. Appeals from orders in contempt proceedings.










Section. Marginal Note.


PART Ill-OFFICERS OF THE COURT
61. Present officers of 'Court.
62. Registrar.
63. Taxation of costs.
64. Acting Registrar.
65. Hours of business.
66. Bailiffs.
67. Registrar, clerks, and bailiffs not to advise litigant.
68. Misconduct of officers of court.

PART IV-BARRISTERS AND SOLICITORS
69. Existing practitioners.
70. Admission of Barrister and Solicitor.
71. Enrolment of Barristers and Solicitors.
72. Barristers practising as solicitors.
73. Queen's Counsel.
74. Solicitors and Commissioners for Oaths are officers of the Court.
75. Barristers and solicitors may be suspended or struck off roll.
76. Unauthorised persons drawing legal documents.
77. Law relating to solicitors, taxation and recovery of costs.

PART V-WITNESSES AND- MISCELLANEOUS
78. Disobedience of subpoena.
79. Witness expenses in criminal proceedings.
80. Persons present at proceedings in Court may be ordered to give
evidence.
81. Constables to attend criminal courts.
82. Judge may admit prisoner to bail.
83. Payment of Jurors on criminal trials.
84. Payment of constables other than police constables.
85. No payment to witnesses.
86. Return to habeas corpus.
87. Return of fines by Registrar.
88. Fines, etc. to be paid to Registrar.
89. Registrar to account for and pay over all fines collected by
Accountant General.
90. Sittings of the Courts.
91. Interlocutory applications.
92. Expenses in criminal proceedings.
93. Remission or reduction of fines.









54


Section. Marginal Note.


94. Deposition of witnesses unable to attend at trial how taken.
95. Summons for witness about to leave St. Vincent.
96. Rules of Court.
97. Saving of procedure.
98. Pending proceedings.
99. Repeals.


















SAINT VINCENT


Act No. 8 of 1970.

I Assent,


H. GEORGE,


[ L.S. ]


Governor.


22nd April, 1970.
AN ACT to repeal and replace the Supreme Court Ordinance,
1941, and to make provision for the exercise of jurisdic-
tion in St. Vincent by the West Indies Associated States
Supreme Court and for other matters connected therewith.
[ 28th April, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
PRELIMINARY
1. This Act may be cited as the West Indies Associated Short title.
States Supreme Court (Saint Vincent) Act, 1970.


2. In this Act unless the context otherwise requires, the
following expressions have the meanings hereby assigned to
them respectively, that is to say:-
"action" means a civil proceeding commenced by
writ or in such other manner as may be prescribed


Interpretation.










No. 8. West Indies Associated States Supreme Court (Saint Vincent-). 1970.


by rules-of court, but does not include a' criminal
J proceeding by the Crown;
"cause" includes any action, suit or other original
proceeding between a plaintiff and defendant,
and any criminal proceedings by the. Crown;
"Chief Justice" means the Chief Justice of the West
Indies Associated States Supreme Court;
"Chief Registrar"' means the Chief Registrar of the
Supreme Court constituted under the Courts
Order;
"Court" or "Supreme Court" means the West Indies
Associated States Supreme Court established by
the Courts Order;
"Court of Appeal" means the Court of Appeal confsti-
tuted under the Courts Order;
"Courts Order" means the West Indies Associated
States Supreme Court Order, 1967;
"defendant" includes any person served with any writ
of summons or process, or served with notice of,
or entitled to attend, any proceedings;
"former British Caribbean Court of Appeal" means
the British Caribbean Court of Appeal in exis-
tence immediately before the prescribed date;
"former Court of Appeal" means the Court of Appeal
of the Windward Islands and Leeward Islands in
existence immediately before the prescribed date;
"former Supreme Court" means the Supreme Court
of the Windward Islands and Leeward Islands
in existence immediately before the prescribed
date;
"High Court" means the High Court of Justice estab-
lished by the Courts Order;
"judgment" includes decree;
"Justice of Appeal" means a Judge of the Court of
Appeal other than the Chief Justice;
"matrimonial cause" means any action for divorce,
nullity of marriage, judicial separation, jactita-
tion of marriage or restitution of conjugal rights;










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.

"matter" includes every proceeding in court not in a
cause;

"order" includes decision and rule;
"party" includes every person served with notice of
or attending any proceeding, although not named
on the record;
"petitioner" includes every person making an appli-
cation to the court, either by petition, motion or
summons, otherwise than as against any defend-
ant;
"plaintiff" includes every person asking any relief
(otherwise than by way of counter-claim as a
defendant) against any other person by any form-
of proceeding, whether the proceeding is by
action, suit, petition, motion, summons or other-
wise ;
"pleading" includes any petition or summons, and also
includes the statements in writing of the claim
or demand of any plaintiff, and of the defence of
any defendant thereto, and of the reply of the
plaintiff to any counter-claim of a defendant;
"prescribed date" means the date prescribed by the
Chief Justice under section 2 of the Courts Order
(S.R. & 0. 1967, No. 14), namely, the 24th day of
April, 1967;
"proceeding" includes action, cause or matter;
"Puisne Judge" means a Judge of the High Court,
other than the Chief Justice;
"Registrar" means the Registrar of the High Court;
"rules of court" includes forms;
"solicitor" means solicitor of the Supreme Court;
"suit" includes action;
'"State" means Saint Vincent;
"verdict" includes the findings of a jury and the
decision of the judge.
3. (1) Where in the Statute or other law in force prior to lReference to
the prescribed date reference is made to the Supreme Court Supreme Court
in the exercise of its jurisdiction and powers, or to a Judge to be deemed
of the Supreme Court, that reference shall be deemed to be a hefdrene to










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


How Supreme
Court Judges
shall be
addressed.

Constitution
of the Court.


Jurisdiction
of former
Supreme
Court vested
in High Court.
No. 5 of 1941.


reference to the High Court or to a Judge of the High Court
as the case may be.
(2) Where in any Statute or any law in force prior to the
prescribed date reference is made to the Court of Appeal that
reference shall, unless the context otherwise requires, be
deemed to be a reference to the Court of Appeal constituted
under the Courts Order.
(3) Where in any Statute or other law in force prior to
the prescribed date reference is made to the British Caribbean
Court of Appeal that reference shall, unless the context other-
wise requires, be deemed to be a reference to the Court of
Appeal.
(4) Any act done or proceedings taken in respect of any
cause or matter whatsoever in the former Supreme Court or
before a jidge thereof prior to the prescribed date shall have
effect after the prescribed date as if it had been done or taken
in the High Court or before a Judge thereof.

4. All Judges of the Supreme Court shall be addressed
in the manner customary in addressing the Judges of the
former Supreme Court immediately before the prescribed date.

5. Subject to the provisions of subsection (3) of section
17 of the Courts Order and of rules of court the Court of
Appeal and the High Court for the exercise of the jurisdiction
conferred upon them respectively shall be constituted in such
manner as the Chief Justice may direct.
PART I-THE HIGH COURT

6. (1) There shall be vested in the High Court all juris-
diction which was vested in the former Supreme Court by the
Supreme Court Ordinance or by any law of the Legislature
of Saint Vincent or any other law for the time being in force
in Saint Vincent and such jurisdiction shall include-
(i) the jurisdiction which was vested in or capable of
being exercised by all or any one or more of the
Judges of the former Supreme-Court sitting in Court
or Chambers or elsewhere when acting as Judges or
a Judge pursuant to any Statute or any other law for
the time being in force in Saint Vincent;
(ii) all the powers given to the former Supreme Court
or to any Judge or Judges thereof by any Statute or










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


any other law for the time being in force in Saint
Vincent;
(iii) all ministerial powers, duties and authorities inci-
dental to any and every part of that jurisdiction.

7. (1) The High Court shall have and exercise within
the State -ti such jurisdiction (save and except the juris-
diction in Admiralty) and the same powers and authorities
incidental to such jurisdiction as on the first day of January,
1968 were vested in the High Court of Justice in England.
(2) The High Court shall have and may exercise in re-
lation to the person and property of idiots, lunatics and
persons of unsound mind in the territory, the jurisdiction
exercised under the Mental Health Act, 1959 by the Court of
Protection or any Judge thereof.

8. The High Court shall have and exercise all such
jurisdiction in Admiralty and the same powers and author-
ities incidental to such jurisdiction as immediately before the
prescribed date were vested in the former Supreme Court, and
any reference to the former Supreme Court in the Admiralty
Jurisdiction (Saint Vincent) Order, 1964, shall be deemed to
be a reference to the High Court.

9. The jurisdiction of the High Court in Bankruptcy
shall be exercised in accordance with the provisions of the
Bankruptcy Ordinance and any rules made thereunder.

10. The jurisdiction of the High Court in all criminal,
- proceedings shall be exercised in accordance with the Criminal
Procedure Ordinance and any other law in force in Saint
Vincent.

11. The jurisdiction vested in the High Court in Civil
proceedings, and in Probate, Divorce and Matrimonial causes,
shall be exercised in accordance with the provisions of this
Act and any oiliher law in operation in Saint Vincent and
rules of court and where no special provision is therein con-
tained such jurisdiction shall be exercised as nearly as may
be in conformity with the law and practice administered for
the time being in the High Court of Justice in England.


Jurisdiction of
High Court,










Jurisdiction of
High Court in
Admiralty.





Practice in
Bankruptcy.
Ord. 6/28.

Practice in
criminal
proceedings.
Cap. 5

Practice in
Civil Proceed-
ings and in
Probate,
Divorce and
Matrimonial
causes.


12. Any Judge of Ihe High Court mnay in accordance .Turisdiiction of
with rules of court, or so f;ar ns such rules shall not provide, single judge.








60

No. 8. West Indfes Associated States Supreme Court (Saint Vincent). 1970.


Law and
equity to be
concurrently
administered.


Equities of the
plaintiff.









Equitable
defences.











Counterclaim
and third
parties.


in accordance with the practice and procedure which shall for
the time being be in force in the High Court of Justice in
England, exercise, in Court or in Chambers, all .or any of the
jurisdiction vested in the High Court.

13. Subject to the express provisions of any other law
in every civil cause or matter commenced in the High Court,
law and equity shall be administered by the High-Court and
the Court of Appeal, as the case may be, according to the
provisions of the seven sections next following.

14. If a plaintiff or a petitioner claims to be entitled to
any equitable estate or rights or to relief on any equitable
ground against any deed, instrument or contract or against
any right, title or claim whatsoever asserted by any defendant
or respondent in the' cause or matter, or to any relief founded
upon a legal right which before the 1st day of November, 1875
could in England only have been given by a court of equity,
the court or judge shalt give to the plaintiff or petitioner the
same relief as would be given by the High Court of Justice in
England in a suit or proceeding for the same or a like purpose.

15. If a defendant claims to be entitled to any equitable
estate or right, or to relief upon any equitable ground against
any deed, instrument or contract or against any right, title
or claim asserted by any plaintiff or petitioner in the cause or
matter or alleges any ground of equitable defence to any such
claim of .the plaintiff or petitioner, the court or Judge shall
give to every equitable estate, right or ground of relief so
claimed, and to every equitable defence such and the same
effect by way of defence against the claim of the plaintiff or
petitioner as the High Court of Justice in England would give
if the like matters had been relied on by way of defence in any
suit or proceeding instituted in that Court for the like purpose.
16.(1) The Court or Judge shall have power to grant to
any defendant in respect of any equitable estate or right or
other matter or equity and also in respect of any legal estate,
right or title claimed or asserted by him-
(a) all such relief against any plaintiff or petitioner as
the defendant has properly claimed by his pleading,
and as the court or judge might have granted in any
suit instituted for that purpose by that defendant
against the same plaintiff or petitioner, and
(b) all su-h relief relating to or connected with the








61


No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


original subject of the cause or matter, claimed in
like manner against any, other person whether al-
ready a party to the cause or matter or not, who has
been duly served with notice in writing of the claim
pursuant to'rules of court or any order of the court,
as might properly have been granted against that
person if he had been made a defendant to a cause
duly instituted by the same defendant for the like
purpose.
(2) Every person served with any such notice as afore-
said shall thenceforth be deemed a party to the cause or matter
with the same rights in respect of his defence against the claim
as if he had been duly sued in the ordinary way by the defend-
ant.

17. The Court or judge shall take notice of all equitable Equities
estates, titles and rights and all equitable duties and liabilities appearing
appearing incidentally in the course of any cause or matter in incidentally.
the same manner in which the High Court-of Justice in En-
gland would recognize and take notice of the same in any suit
or proceeding duly instituted therein.

18. No cause or proceeding at any time pending in the Defence or
High Court or in the Court of Appeal shall be restrained by stay instead of
prohibition or injunction but every matter of equity on which injunction or
an injunction against the prosecution of any such cause or prohibition.
proceeding might formerly have been obtained whether un-
conditionally or on any terms or conditions, may be relied on
by way of defence thereto:
Provided that-
(a) nothing in this Act shall disable the High Court
or the Court of Appeal, if it thinks fit so to do,
from directing a stay of proceedings in any cause
or matter pending before it; and
(b) any person, whether a party or not to any such
cause or matter who would formerly have been
entitled to apply to any court to restrain the
prosecution thereof, or who may be entitled to en-
force, by attachment or otherwise, any judgment,
decree, rule or order, in contravention of which
all or any part of the proceedings in the cause
or matter have been taken, may apply to the High
Court or to the Court of Appeal, as the case may










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


be, by motion in a summary way, for a stay of
proceedings in the cause or matter, either gen-
erally, or so far as may be necessary for the
purposes of justice, and the court shall thereupon
make such order as shall be just.


Common law
and statutory
rights and
duties.





Determination
of matters
completely
ind finally.







Rules of
equity to
prevail.


19. Subject to the provisions of this Act for giving effect
to equitable rights and other matters of equity," the High
Court and the Court of Appeal and each Judge thereof shall
recognize and give effect to all legal claims and demands, and
all estates, titles, rights, duties, obligations and liabilities ex-
isting by the common law or by any custom, or created by any
statute, in the same manner as these matters have hitherto been
recognized and given effect to.

20. The High Court and the Court of Appeal respectively
in the exercise of the jurisdiction vested in them by this Act
shall in every cause or matter pending before the Court grant
either absolutely or on such terms and conditions as the
Court think just, all such remedies whatsoever as any of the
parties thereto may appear to be entitled to in respect of any
legal or equitable claim or matter so that, as far as possible, all
matters in controversy between the parties may be completely
and finally determined, and all multiplicity of legal proceed-
ings concerning any of these matters avoided.

21. In all. matters in which there was formerly or is any
conflict or variance between the rules of equity and the rules
of common law with reference to the same matter the rules of
equity shall prevail.


Declaratory 22. No action shall be open to objection on the ground
order. that a merely declaratory decree or order is sought.


Mode of trial.


23. (1) Subject as hereinafter provided, any action to be
tried before the High Court,-may in the discretion of the court
or a judge, be ordered to be tried with or without a jury:
Provided that the mode of trial .shall be by a Judge without
a jury unless upon the application of any party to the action a
trial with a jury is ordered.
(2) Any party to the action may within ten days after the
action has been set down for trial apply to have the action tried
with a Jury, and if the court or a Judge is satisfied that-
(a) a charge of fraud against the party; or









No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.

(b) a claim in respect of libel, slander, malicious prosecu-
tion, false imprisonment, seduction or breach of
promise of marriage,
is in issue, the action shall be ordered to be tried with a jury
unless the court or a Judge is of opinion that the trial thereof
requires. any prolonged examination of documents or accounts
or any specific or local investigation which cannot conveniently
be made with a jury; but, save as aforesaid the granting of
a jury shall in every case be discretionary.
(3) The provisions of this section shall be without preju-
dice to the power of the High Court or a judge to order, in
accordance with rules of court, that different questions of fact
arising in any action be tried by different modes of trial, and
where any such order-is made the provisions of this section re-
quiring trial with a jury in certain cases shall have effect only
as respects questions relating to any such charges or claim as
aforesaid. __
24. (1) A mandamus or an injunction may be granted Granting of
or a receiver appointed by an interlocutory order of the High mandamus,
Court or of a Judge thereof in all cases in which it appears etc.
to the court or Judge to be just or convenient that the order
should be made and any such order may be made either uncon-
ditionally or upon such terms and conditions as the court or
judge thinks just.
(2) If an injunction is prayed for, either before or at, or
after the hearing of a cause or matter to prevent a threatened
or apprehended waste or. trespass the injunction may be granted
if the High Court or a Judge of the High Court thinks fit:-
(a) whether the person against whom the injunction is"
sought-
(i) is or is not in possession under a claim or title
otherwise; or
(ii) if out of possession, does or does not claim under
any colour of title a right to do the act sought to
be restrained; and
(b) whether the estates claimed by both or by either of
the parties are legal or equitable.
25. Where any person neglects or refuses to comply with Execution of
a judgment or order directing him to execute any conveyance, instruments
contract or other document, or to endorse any negotiable in- by order of
strument, the High Court may on such terms and conditions, if court.










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


Restrictions
on institution
Jof vexatiuu
aetiono


Jurisdiction
vested in
Court of
Appeal.


any, as may be just, order that the conveyance, contract or
other document shall be executed or that the negotiable instru-
ment shall be endorsed by such person as the High Court may
nominate for that puropse and a conveyance, contract, docu-
ment or instrument so executed or endorsed shall operate and
be for all purposes available as if it had been executed or en-
dorsed by the persons originally directed to execute or endorse
it.

26. (1) If, on an application made by the Attorney
General under this section to the High Court, the High Court
is satisfied that any person has habitually and persistently and
without reasonable ground instituted vexatious legal proceed-
ings, whether in the Court of Appeal, the High Court, or in
a Magistrate's Court, and whether against the same person or
against different persons, the High Court may, after hearing
the person or giving him an opportunity of being heard,
order that no legal proceedings shall without leave of the
High Court or a judge thereof be instituted by him in any
court and such leave shall not be given unless the High Court
is satisfied that the proceedings are not an abuse of the pro-
cess of the court and that there is prima facie ground for the
proceedings.
(2) If the person against whom an order is sought under
this section is unable on account of poverty to retain counsel,
the High Court shall assign counsel to him.
(3) A copy of any order under this section shall be pub-
lished in the Gazette.

PART II-THE COURT OF APPEAL
Jurisdiction of Court of Appeal.

27. Subject to the provisions of this Act, there shall be
vested in the Court of Appeal-
(a) the jurisdiction and powers which at the prescribed
date were vested in the former Court of Appeal;
(b) the jurisdiction and powers which at the prescribed
date were vested in the British Caribbean Court of
Appeal;
(c) such other jurisdiction and powers as may be con-
ferred upon it by this Act or any other law.










No. 8. WVest Indies Associated States Supjreme Court (Saint Vincent). 1970.

28. Notwithstanding the provisions of any law or any Right of
rule of court to the contrary, an appeal shall lie as of right appeal from
to the Court of Appeal or to any Court replacing the same, ordernts or
from judgments or orders originating by summons in Chambers Chambers.
and interlocutory judgments or orders of judges of the High
Court, whether adjudicated upon in Chambers or in open
Court, and whether at first instance or on appeal, _and the
Court of Appeal shall have jurisdiction to hear and determine
all such appeals."
29. The jurisdiction of the Court of Appeal so far as it Practice and
concerns practice and procedure in relation to appeals from procedure in
the Court of
the High Court shall be exercised in accordance with the Appeal.
provisions of this Act and rules of court and where no special
provisions are contained in this Act or rules of Court such
jurisdiction so far as concerns practice and procedure in re-
lation to appeals from the High Court shall be exercised as
nearly as may be in conformity with the law and practice for
the time being in force in England.-
(a) in relation to criminal matters in the Court of Appeal
(Criminal Division) ;
(b) in relation to civil matters in the Court of Appeal
(Civil Division).


30. (1) Subject to the provisions of the Magistrates' De-
cisions (Appeal) Ordinance or any other enactment regulating
the procedure on appeals from Magistrates' Courts and to
rules of court an appeal shall lie to the Court of Appeal from
any judgment, decree, sentence or order of a magistrate in all
proceedings.
(2) The time within which notice of appeal may be given
or any bond or security entered into or grounds of appeal
filed in relation to appeals under this section may be extended
at any time by'the Court of Appeal.
Civil Appeals from High Court
31. (1) Subject to the provisions of this Act or any other
law-
(a) the Court of Appeal shall have jurisdiction to hear
and determine any matter arising in any civil pro-
ceeding upon a case stated or upon a question of law
reserved by the High Court or by a Judge thereof
pursuant to any power conferred in that behalf by
law in operation in Saint Vincent;
(b) an appeal shall lie to the Court of Appeal, and the


Appeals from
Magistrates'
Courts
Cap. 17.









Appeals from
High Court
in Civil
Matters.










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.

Court of Appeal shall have jurisdiction to hear and
determine the appeal, from any judgment or order of
the High Court and for the purposes of, and incidental
to, the hearing and determination of any appeal and
the amendment, execution and enforcement of -any
judgment or order made thereon, the Court of Appeal
shall have iall the powers, authority and jurisdiction
of the High Court.
(2) No appeal shall lie under this section-
(a) from any order made in any criminal cause or matter;
(b) from an order allowing an extension of time for
appealing from a judgment or order;
(c) from an order of a Judge giving unconditional leave
to defend an action;
(d) from a decision of the High Court or of any Judge
thereof where it is provided by any law that such
decision is to be final;
(e) from an order absolute for the dissolution or nullity
of a marriage in favour of any party who having had
time and opportunity to appeal from the decree nisi
on which the order was founded, has not appealed
from that decree, except upon some point which
would not have been available to such party on such
appeal;
(f) without the leave of the Judge making the order or
of the Court of Appeal from an order made with the
consent of the parties or as to costs where such costs
by law are left to the discretion of the court;
(g) without the leave of the Judge or of the Court of
Appeal from any interlocutory judgment or any in-
terlocutory order given or made by a Judge except-
(i) where the liberty of the subject or the custody
of infants is concerned;
(ii) where an injunction or the appointment of a
receiver is granted or refused;
(iii) in the case of a decree 'nisi in a matrimonial
cause or a judgment or order in an admiralty
action determining liability;
kiv) in such other cases, to be prescribed, as are in
the opinion af the authority having power to










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


make rules of court of the nature of final de-
cisons.
(3) For the purposes of subsection (2) "Judge" means
Judge of the High Court.
32. Where an appeal has been brought under the pro- Powers of
visions of the foregoing section and is pending in the Court judge.
of Appeal a Judge of the High Court may hear and determine
such applications incidental to the appeal and not involving
the decision thereof as may be prescribed by rules of court;
but an order made on any such application may be discharged
or varied by the Court of Appeal.
33. (1) On the hearing of an appeal from any order of Powers of
the High Court in any civil cause or matter, the Court of Court of
Appeal shall have power to- Appeal on
hearing an
(a) confirm, vary, amend or set aside the order or make appeal.
such order as the High Court might have made, or to
make any order which ought to have been made, and
to make such further or other order as the nature of
the case may require;
(b) draw inferences of fact;
(c) direct the High Court to enquire into and certify
its findings on any question which the Court of Ap-
peal thinks fit to be determined before final judgment
in the appeal.
(2) The powers of the Court of Appeal under this section
may be exercised notwithstanding that no notice of appeal
or respondent's notice has been given in respect of any par-
ticular part of the decision of the High Court by any parti-
cular party to the proceedings in Court or that any ground
for allowing the appeal or for affirming or varying the decision
of that Court is not specified in such notice; and the Court of
Appeal may make any order in such terms as the Court of
Appeal thinks just to ensure the determination on the merits
of the real question in controversy between the parties.
(3) The powers of the Court of Appeal in respect of an
appeal shall not be restricted by reason of any interlocutory
order from which there has been no appeal.
(4) The Court of Appeal-may make such order as to the
whole or any part of the costs of an appeal as may be just, and
may. in special circumstances order that such security shall
be given for the costs of an appeal as may be just.










No: 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


Supplementary
powers of
Court- of
Appeal.




































Power of
-Court of
Appeal ns to
new triIls.


34. For the purposes of an appeal in any civil cause or
matter, the Court of Appeal may,' if it thinks it necessary or
expedient in the interests of justice-
(a) order the production of any document, exhibit or
other thing connected with the proceedings, the pro-
duction of which appears to it necessary for the de-
termination of the case;
(b) order any witnesses who would have been compellable
witnesses at the trial to attend and be examined be-
fore the Court of Appeal, whether they were or were
not called at the trial, or order the examination of
any such witnesses to be conducted in manner pro-
vided by rules of court before any judge of the Court
of Appeal or before any officer of the Court of
Appeal or other person appointed by the court for
the purpose, and allow the admission of any deposi-
tion so taken as evidence before the Court;
(c) receive the evidence, if tendered, of any witness in-
cluding the appellant who is a competent but not a
compellable witness and, if application is made for
the purpose of the husband or wife of the appellant,
in cases where the evidence of the husband or wife
could not have been given at the trial except on such
application;
(d) where any question arising in the appeal involves
prolonged examination of documents or accounts, or
any scientific or local investigation, which cannot, in
the opinion of the Court, conveniently be conducted
before the Court of Appeal, order the reference of
the question in manner provided by rules of court
for inquiry and report to a special commissioner ap-
pointed by the Court, and act upon the report of any
such commission as far as it thinks fit to adopt it; and
(e) appoint any person with special expert knowledge
to- act as assessor in an advisory capacity to the court
in any ease where it appears to the Court that such
special knowledge is required for the proper deter-
mination of the case.
35. (1) Subject to the provisions of this section on the
hearing of an appeal in any civil cause or matter the Court
of Appeal shall, if it appears to the Court that a new trial
should be held. have power to set aside the order appealed
against t and order that a new trial be held.










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


(2) On the hearing of an appeal in any civil cause or
matter, the following provisions shall apply-
(a) A new trial shall not be ordered on the ground of
misdirection, or of the improper admission or re-
jection of evidence unless in the opinion of the Court
of Appeal some substantial wrong or miscarriage has
been thereby occasioned.
(b) A new trial may be ordered on any question without
interfering with the finding or decision upon any
other question; and if it appears to the Court of
Appeal that any such wrong or miscarriage as is
mentioned in paragraph (a) of this subsection affects
part only of the matter in controversy, or one or
some only of the parties, the Court may order a new
trial as to that part only, or as to that party or those
parties only, and give final judgment as to the re-
mainder.
(8) On the hearing of an appeal from an order made in
any action tried with a jury the following provisions shall
apply-
(a) The Court of Appeal may, if it thinks fit, make any
such order as, could be made in pursuance of an ap-
plication for a new trial or to set aside a verdict,
finding or judgment of the court below.
(b) A new trial .shall not be ordered because the verdict
of the jury was not taken upon a question which the
judge at the trial was not asked to leave to them unless
in the opinion of the Court of Appeal some substantial
wrong or miscarriage has been thereby occasioned.
(c) In any base where the Court has power to order a
new trial on the ground that damages awarded by a
jury are excessive or inadequate, the Court may, in
lieu of ordering a new trial- / ,
(i) with the consent of all parties concerned, substi-
tute for the sum awarded by the jury such sum
as appears to the Court to be proper;
(ii) with the consent of the party entitled to receive
or liable to pay the damages, as the case may be,
reduce or increase the sum awarded by the jury
by such amount as appears to the Court to be
proper in respect of any distinct head of dam-
ages erroneously included in or excluded from










No. 8. West Indies Associated States Supreme Court .(Saint Vincent). 1970.


Wrong rulings
as to suffi-
ciency of
stamps.


Criminal
appeals from
High Court.


Cap. 5.


Right of
-appeal in
criminal cases.


the sum so awarded; but except as aforesaid
the Court of Appeal shall not have'power to
reduce or increase damages awarded by a jury.

36. The Court of Appeal shall not grant a new trial or
reverse any judgment by reason of the ruling of any court
that the stamp upon any document is sufficient or that the
document does not require a stamp.

Criminal Appeals from: High- Court

37. (1) In sections 37 to 59 of this Act unless the con-
text otherwise requires-
"appeal" means an appeal by a person convicted upon
indictment;
"appellant" includes a person who has been convicted
and desires to appeal under this Part of this
Ordinance;
"sentence" includes any order of the Court made on
-conviction or in relation to the person convicted
or his wife or children and any recommendation
of the convicting court as to, the making of a
deportation order in the case of a person con-
victed, and "the power of the Court of Appeal to
pass a sentence" includes a power to make any
such order or recommendation as the convicting
court might have made, and a recommendation so
made by the- Court of Appeal shall have the same
effect for the purposes of any law under which
such recommendation is permitted to be made, as
the certificate and recommendation of the con-
victing court.
(2) In this section and in sections 38; 39, 47, 49', 53(2),
54(1), 56(1), 58 and 59 references to a person being convicted
shall include references to his being the subject of a special
verdict under section 21(1) of the Criminal Procedure Ordin-
ance.

38. A person convicted on indictment may appeal under
this Act to the Court of Appeal-
(a) against his conviction on any ground of appeal which
involves a question of law alone;










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.

(b) with the leave of the Court of Appeal or upon the
certificate of the Judge who tried him that it is a fit
case for appeal against his conviction on any ground
of appeal which involves a question of fact alone, or
a question of mixed law and fact, or any other ground
which appears to the court to be a sufficient ground
of appeal; and
(c with the leave of the Court of Appeal against the
sentence passed on his conviction, unless the sentence
is one fixed by law.
39. (1) The Court of Appeal on any such appeal against Determination
conviction shall, subject as hereinafter provided, allow the of appeal in
appeal if it thinks that the verdict of the jury should be set ti cases.
aside on the ground that it is unsafe or unsatisfactory or that
the judgment of the court before whom the appellant was con-
victed should be set aside on the ground of a wrong decision
of any question of law or that there was a material irregular-
ity in the course of the trial and in any other case shall dismiss
the appeal:
Provided that the court may, notwithstanding that they
are of the opinion that the point raised in the appeal might be
decided in favour of the appellant, dismiss the appeal if they
consider that no miscarriage of justice has actually occurred.
(2) Subject to the provisions of this Act the Court of
Appeal shall, if they allow an appeal against conviction, quash
the conviction, and direct a judgment and verdict of acquittal
to be entered, or, if the interests of justice so require, order
a new trial.
(3) Where apart from this subsection-
(a) an appeal against a special verdict under section cap. 5.
21 (1) of the Criminal Procedure Ordinance would
fall to be allowed, and
(b) hone of the grounds for allowing it relates to the
question of the insanity of the accused,
the Court of Appeal may dismiss the appeal if of opinion that
but for the insanity of the accused the proper verdict would
have been that lie was guilty of an offence other than the
offence charged.
(4) (i) An appellant who is to be retried for an
offence in pursuance of an order under this
section shall be tried upon a fresh indictment








No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


preferred by the direction of the Court of
Appeal.
(ii) The Court of Appeal may, upon ordering a re-
trial, make such orders as appear to the court
to be necessary or expedient for the custody or
admission to bail of the appellant pending the
retrial, or for the retention pending the re-
trial of any property, or money forfeited,
restored or paid by virtue of the original con-
viction or any order made on that conviction.
(iii) On a retrial ordered under this section, sec-
tion 34 of the Indictable Offences (Magistrates
Cap. 15. Procedure) Ordinance (reading of depositions)
shall not apply to the depositions of any per-
son who gave evidence at the original trial;
but a transcript of the shorthand notes or
where there are no shorthand notes, of the
Judge's notes, of the evidence given by any
witness at the original trial may, with the
leave of the Judge, be read as evidence--
(a) by agreement between the prosecution
and the defence; or
(b) if the Judge is. satisfied that the wit-
ness is dead or unfit to give evidence
or to attend for that purpose, or is
absent from the Territory, or that all
reasonable efforts to find him or to
secure his attendance have been made
without success;
and -in either case may be so read without further proof if
verified in accordance with rules of court.
(5) On an appeal against sentence the Court of Appeal
shall, if it thinks that a different sentence should have been
passed, quash the sentence passed at the trial, and pass such
other sentence warranted in law by the verdict whether more
or less severe, in substitution therefore as it thinks ought to
have been passed, and in any other case shall dismiss the
appeal.

Powers of 40. (1) If it appears to the Court of Appeal that an
court in special appellant though not properly convicted on some count or
oases. part of the indictment, has been properly convicted on some









73
No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.

other count or part of the indictment, the Court of Appeal may
either affirm the sentence passed on the appellant at the trial,
or pass such sentence in substitution therefore as it thinks
proper as may be warranted in law by the verdict on the
count or part of the indictment on which the Court of Appeal
considers that the appellant has been properly convicted.
(2) Where an appellant has been convicted of an offence
and the jury could on the indictment have found him guilty
of some other offence, and on the finding of the jury it appears
to the Court of Appeal that the jury must have been satisfied
of facts which proved him guilty of that other offence, the
Court of Appeal may, instead of allowing or dismissing the
appeal, substitute for the verdict found by the jury a verdict
of guilty of that other offence, and pass such sentence in sub-
stitution for the sentence passed at the trial as may be war-
ranted in law for that other offence, not being a sentence of
greater severity.
(3) Where on the conviction of the appellant the jury
have found a special verdict, and the Court of Appeal considers
that a wrong conclusion has been arrived at by the court be-
fore which the appellant has been convicted on the effect of
that verdict, the Court of Appeal may, instead of allowing the
appeal, order such conclusion to be recorded as appears to
the Court of Appeal to be in law required by the verdict and
pass such sentence in substitution for the sentence passed at
the trial as may be warranted in law.
(4) Where on any appeal it appears to the Court of
Appeal that the proper verdict would have been a special ver-
dict under section 21(1) of the Criminal Procedure Ordinance Cap. 5.
the court may quash the sentence passed at the trial and order
the appellant to be kept in custody as a prisoner of unsound
mind under the provisions of the said Ordinance in the same
manner as if a special verdict has been found by the jury
under that Ordinance.
41. (1) Where in accordance with subsection (1) of Supplementary
section 39 of this Ordinance an appeal against a special verdict provisions
under section 21(1) of the Criminal Procedure Ordinance is hee against special
allowed:- verdict allowed,
(a) if the ground, or one of the grounds for allowing the Cap. 5,
appeal is that fhe finding of the jury as to the insanity
of the hAcutsed btlght not to stand and the- Court of
Appeal is of opinion that the proper verdict would
have been that he was guilty of an offence whetherr










No, 8. West Indies Associated Slates Sutpremc Court (Saint Vincent). 1970.


the '*i. ,. charged or any other offence of which the
jury could have found him guilty), the court shall
subAsitute for the special verdict a verdict of guilty
of that offence, and shall have the like powers of
punishing or otherwise dealing with the accused and
other powers; as the court before which he was tried
would have htcd if the jury had comic to the sub-
stituled verdict;
(b) in any other case, the Court of Appeal shall substitute
for the verdict of the jury a verdict of acquittal:
Provided that where the offence mentioned in paragraph
(a) is one for which the sentence is fixed by law, the sentence
shall (whatever the circumstances) be one of imprisonment for
life.
(2) The term of any sentence passed by the Court of
Appeal in the exercise of the powers conferred by subsection
(1) (a) of this section shall, unless the Court otherwise directs,
begin to run from the time it would have begun to run if
passed in the proceedings in the court before which the ac-
cused was tried.

Re-vesting and 42. (1) The operation of any order for the restitution of
restitution of any property to any person made on a conviction on indictment
property on ,
conviction. and the operation in case of any such conviction of the provi-
sions of any Statute or law relating to larceny as to the resti-
tution of the property in goods to the owner thereof, shall,
unless the court before whom the conviction takes place, directs
to the contrary in any case in which in its opinion, the title to
the property is not in dispute be suspended-
(a) in any case until the expiration of fourteen days aft r
the date of conviction; and
(b) in cases where notice of appeal or leave to appeal is
given within fourteen days after the date of convic-
tion, until the determination of the appeal; I
and in enses where lihe operating of any such order, or 1he
operation orf he said provisions, is suspended until the deter-
mination of t11e appeal, ti order or provisions, as the case
any be. shall int nke effect as rg'ards the 'ver>l'(yv in questions
if the conviction is quashed on a appeal.
(2) Provi.don may by made by rules of court for securing
lthe snae custody of any property ponding, ilie suspetlsioIl of tie
operation of any 8uclh Oi.der or of tlie said )prov iio61s.











No 8. West Indies Associated States Supreme Court (Saint Vincent). 1970,


(3) The Court of Appeal may by order annul or vary
any order made on a trial for the restitution of any property
to any person, although the conviction is not quashed; and the
order if annulled shall not take effect, and, if varied, shall
take effect as so varied.


43. For the purposes of an appeal in any criminal cause
or matter the Court of Appeal may, if -it thinks it necessary
or expedient in the interests of, justice-
(a) exercise any or all the powers conferred by section
34 of this Act on the Court of Appeal;
(b) issue any warrant necessary for enforcing any o'der
or sentence of the Court of Appeal.
Provided that-
(i) in no case shall any sentence be increased by
reason of or in consideration of any evidence
that was not given at the trial; and
(ii) whenever the Court of Appeal receives further
evidence it shall make such order as will secure
an opportunity to the parties to the proceedings
to examine every witness whose evidence is
taken.

44. Without prejudice to the generality of the preced-
ing section of this Act (supplementary powers), where evi-
dence is tendered to the Court of Appeal under that section,
the Court shall, unless it is satisfied that the evidence- if
received would not afford any ground for allowing the appeal
exercise its power under that section of receiving it if -
(a) it appears to it that the evidence is likely to be
credible and would have been admissible at the trial
on an issue which is the subject of the appeal; and
(b) it is satisfied that it was not adduced at the trial, but
that there is a reasonable explanation for the failure
so to adduce it.


45. (1) An appelmint who is not admitted to-bail shall,
pending tlie determination of his appeal, be treated in like
mamilner as prisoners awaitingg trial.
(2) The Court of Appeal nmiy. if it seems fit, on the ap-
plicaition of an appllIttit. IadItit the appellant to bail pending
the deterininllion of lu atirWvhl.


Supplementary
powers of
Court of
Appeal.


Duty to
admit fresh
evidence.


Admission of
appellant to
bail and
custody when
attending
court.










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.

Computation 46. (1) The time during which an appellant is in cus-
of sentence. tody pending the determination of his appeal shall, subject
to any direction which the Court of Appeal may give to the
contrary, be reckoned as part of the term of any sentence to
which he is for the time being subject, but the court shall
not give any such direction where leave to appeal has been
granted or a certificate has been given under section 38 of this
Act or where the case has been referred to it under section 58
of this Act.
(2) Where the Court of Appeal gives a direction under
this section, it shall state its reasons for giving the direction.
(3) Provision shall be made by prison rules for the man-
ner in which an appellant, when in custody, is to be brought
to any place at which he is entitled to be present for the pur-
poses of this Act, or to any place to which the Court of Appeal or
any Judge thereof may order him to be taken for the purposes
of any proceedings of that Court, and for the manner in which
he is to be kept in custody while absent from prison for such pur-
pose; and an appellant whilst in custody in accordance with those
rules shall be deemed to be in legal custody.

Time for 47. (1) Where a person convicted desires to appeal un-
appealing. der this Act to the Court of Appeal or to obtain the leave of
the Court of Appeal, he shall give notice of appeal or notice
of his application for leave to appeal in such manner as may
be directed by rules of court within fourteen days of the date
of conviction.
(2) Except in the case of a conviction involving sen-
tence of death, the time within which notice of an application
for leave to appeal may be given, may be extended at any
time by the Court of Appeal.
(3) For the purposes of this section the date of con-
viction shall, where the court has adjourned the trial of an
indictment after conviction, be the date on which the court
sentences or otherwi-e deals with the offender.

Stay of 48. In the case of a conviction involving sentence of
execution. death or corporal punishment-
(a) the sentence shall not in any case be exeented until
the expiration of the time within which notice of
appeal or of an application for leave may be give
under the preceding section; and










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970. -

(b) if notice is so given, the appeal or application shall
be heard and determined with as much expedition as
practicable, and the sentence shall not be executed
until after the determination of the appeal, or, in
cases where an application for leave to appeal is
finally refused, of the application.
49. The Judge before whom a person is convicted shall, Judge's notes
in the case of an appeal under this Act against the conviction and report
to be fur.
or against the sentence or in the case of an application for nished on
leave to appeal under this Act furnish to the Registrar in appeal.
accordance with rules of court, his notes of the trial; and shall
also furnish to the Registrar in accordance with rules of court
a report giving his opinion upon the case or upon any point
arising in the case.
50. The Court of Appeal may at any time assign to an Legal assist-
appellant a solicitor and counsel, or counsel only, in any ap- ance to
peal or proceedings preliminary or incidental to an appeal in appellant.
which, in the opinion of the Court, it appears desirable in the
interests of justice that the appellant should have legal aid,
and that he has not sufficient means to enable him to obtain
that aid.
51. (1) An appellant, notwithstanding that he is in cus- Right of
tody, shall be entitled to be present, if he desires it, on the appellant to
hearing of his appeal, except where the appeal is on some
ground involving a question of law alone, but in that case
and on an application for leave to appeal and on any pro-
ceedings preliminary or incidental to an appeal, shall not be
entitled to be present except where rules of court provide
that he shall have the right to be present or where the Court
gives him leave to be present.
(2) An appellant who does not appear at the hearing of
his appeal by counsel, may present his case and argument in
writing, and any case or argument so presented shall be con-
sidered by the Court.
(3) The power of the Court to pass any sentence under
this Act may be exercised notwithstanding that the appellant
is for any reason not present.
(4) The reference in subsection (1) of this section to an
appellant being in custody shall not include a reference to
his being in custody in consequence of a special verdict under
section 21(1) of the Criminal Procedure Ordinance. Cap. s.









No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


Costs of 52. (1) On the hearing and determination of a criminal
appeal. appeal from the High Court or any proceedings preliminary
or incidental thereto under this Act no costs shall be allowed
on either side.
(2) The expenses of any solicitor or counsel assigned
to an *appellant under this Act, and the expenses of any
witnesses attending on the order of the Court of Appeal or
examined in any proceedings incidental to the appeal, and of
the appearance of an appellant on the hearing of his appeal
or on any proceedings preliminary or incidental to the appeal,
and all expenses of and incidental to any examination of
witnesses conducted by any person appointed by the Court for
the purpose, or any reference of a question to a special com-
missioner appointed by the Court, or of any person appointed
as assessor to the court, shall be defrayed out of monies up to
an amount allowed by the Court, but subject to any rules of
court as to rates and scales of payment.

Duties of 53. (1) The Registrar shall take all necessary steps
Registrar for obtaining a hearing under this Act of any appeals or
with respect
to notices of applications, notice of which is given to him under this Act, and
appeal, etc. shall obtain and lay before the Court of Appeal in proper form
all documents, exhibits, and other things relating to the proceed-
ings in the court before which-the appellant or applicant was
tried, which appear necessary for the proper determination of
the appeal or application.
(2) If it appears to the Registrar that any notice of an
appeal against a conviction, purporting to be on a ground of
appeal which involves a question of law alone, does not show
any substantial ground of appeal, the Registrar may refer the
appeal to the Court of Appeal for summary determination,
and where the case is so referred, the Court of Appeal may,
if it considers that the appeal is frivolous or vexatious, and
can be determined without adjourning the same for a full
hearing, dismiss the appeal summarily, without calling on any
persons to attend the hearing or to appear for the Crown
thereon.
(3) Any documents, exhibits, or other things connected
with the proceedings on the trial of any person on indict-
ment, who, if convicted is entitled or may be authorized to
appeal under this Act shall be kept in the custody of the court
of trial in accordance with rules of court made for the purpose,
for such time as may be provided by the rules, and subject to










No. 8. West Indies Associated States Supreme Court (Saint Vsncent). 1970.


such powers as may be given by the rules for the conditional
release of any such documents, exhibits, or things from that
custody.
(4) The Registrar shall furnish the necessary forms and
instructions in relation to notices of appeal or notices of ap-
plication under this Act to any person who demands the
same, and to such officers or persons as he thinks fit, and
the Superintendent of Prisons shall cause those forms and
instructions to be placed at the disposal of prisoners desiring
to appeal or to make any application under this Act, and shall
cause any such notice given by a prisoner in his custody to be
forwarded on behalf of the prisoner to the Registrar.
(5) The Registrar shall report to the Court of Appeal or
some judge thereof any case in which it appears to him that,
although no application has been made for the purpose, a
solicitor and counsel, or counsel only, ought to -be assigned
to an appellant under the powers given to that Court by this
Act.
(6) In this section and in the next following section the
expression "Registrar" includes the Chief Registrar and
Deputy Registrar of the Court of Appeal.
54. (1) Such records in such manner, whether in writing Shorthand
by shorthand notes or otherwise, or by recordings in electro notes etc.
magnetic tape or by other means as may be prescribed by
rules of court shall be taken of the proceedings at the trial of
any person on indictment who, if convicted, is entitled or
may be authorised- to appeal under this Act; and on any
appeal or application for leave to appeal a transcript of the
records or any part thereof shall be made if the Registrar so
directs, and furnished to the Chief Registrar for the use of
the Court of Appeal or any judge thereof.
(2) A transcript of the records taken under subsection
(1) of this section shall be furnished to any party interested
upon payment of such charges as may be fixed by rules of
court.
(3) Rules of court may also make such provision as is
necessary for securing thie accuracy of the records to be taken
and for the verification of the transcript.
55. The powers of lhe Court of Appeal under this Act- Powers which
may bhe
exercised by
n Judge of
the Court.










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


(a) to give leave to appeal;
(b) to extend the time within which notice of appeal or
of an application for leave to appeal may be given;
(c) to assign legal aid to an appellant;
(d) to allow the appellant to be present at any proceed-
ings in cases where he is not entitled to be present
without leave; or
(e) to admit an appellant to bail;
may be exercised by any judge of the Court of Appeal in the
same manner as they may be exercised by the Court of Appeal,
and subject to the same provisions; but, if the Judge refuses
an application on the part of the appellant to exercise any
such powers in his favour, the appellant shall be entitled to
have tbf application determined by the court as duly con-
stituted for the hearing and determination of appeals under
this Act.
Case stated 56. (1) Where any person is convicted on indictment
or questions the trial judge may state a case or reserve a question of law
of law
reserved, for the consideration of the Court of Appeal and the Court
of Appeal shall consider and determine such case stated or
question of law reserved and may either-
(a) confirm the judgment given upon the indictment;
(b) order that such judgment be set aside and quash the
conviction and direct a judgment and verdict of
acquittal to be entered;
(c) order that such judgment be set aside, and give in-
stead thereof the judgment which ought to have been
given at the trial;
(d) require the judge by whom such case has been stated
or question has been reserved to amend such state-
ment or question when specially entered on the
record; or
(e) make such other order as justice requires.
(2) The Court of Appeal, when a care is stated or a
question of law reserved for its opinion, shall have power, if
it thiijnk fit, (o cause the ease or certificate to be sent back
for amendment and thereupon the same I;hall be amended
accordingly.










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


57. Where a case is stated or question of law reserved
for the consideration of the Court of Appeal the provisions of
sections 45, 46, 48, 50, 51, subsections (1), (3) and (5) of
section 53, sections 54 and 55 of this Act shall apply to such
proceedings in like manner as to an appeal.


Provisions of
this Act
applicable to
proceedings
under section 56.


58. (1) Nothing in this Act shall affect the prerogative Prerogative of
of mercy. mercy.
(2) The Governor on the advice of the Advisory Com-
mittee on the consideration of any petition for the exercise of
Her Majesty's mercy having reference to the conviction of a
person on indictment or to the sentence, other than sentence
of death, passed on a person so convicted, may at any time-
(a) refer the whole case to the Court of Appeal, and the
case shall then be heard and determined by the
Court as in the case of an appeal by a person -con-
victed; or
(b) if he desires the assistance of the Court of Appeal
on any point arising in the case with a view to
determination of the petition, refer that point to the
Court for its opinion thereon, and the Court shall
consider the point so referred and furnish the Gov-
ernor with its opinion thereon accordingly.

59. This Act shall apply in the case of convictions on Criminal
criminal information as it applies in the case of conviction information.
on indictment.

Appeals in Contempt Proceedings.

60. (1) An appeal shall lie to the Court of Appeal from Appeals from
any order made by the High Court or by a Judge of the High orders il
contempt
Court or of the Court of Appeal or by a Magistrate imposing proceedings.
imprisonment or a fine for contempt of court.
(2) Any person ordered by any such Court, Judge or
Magistrate to be imprisoned or to pay a fine for contempt of
court, may at the time of such order or within two days
thereafter give notice to the Court, Judge or Magistrate
making the order of his intention to appeal to the Court of
Appeal and may within two days after giving such notice
enter into a recognizance with a surety to the satisfaction of
the Registrar of the High Court or of the Court of Appeal or
clerk of the Court, as the case may be, in a sum not exceeding










No, 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


One Hundred Dollars to prosecute such appeal, and the giving
of such notice and entering into such recognizance shall oper-
ate as a stay of such order.
(3) On such person entering into recognizance the Judge
or Magistrate making the order shall within twenty-one days
thereafter transmit to the Registrar a statement of the cause
of such committal or fine and upon such statement being
received the Registrar shall within four days thereafter issue
a summons, free of cost, calling on the appellant to appear
before the Court of Appeal within a reasonable time there-
after and on a day to be named therein and the Court of
Appeal shall hear and determine such appeal and either con-
firm the order or vary or quash such order and the Court of
Appeal may from time to time return the proceedings to the
Judge or Magistrate who made the order for further inform-
ation.

(4) When the Court of Appeal confirms or varies the
order the Judge or Magistrate who made the order shall pro-
ceed to carry out and enforce his order as confirmed or
varied in the same manner as if there had been no appeal
against the same.


PART III-OFFICERS OF THE COURT.

Present officers 61. Except as in this Act otherwise expressly provided,
of Court. every person who at the date of commencement of this Act
holds the office of Registrar, or Bailiff, shall continue to
hold his office on the terms on which he now holds it, and
nothing in this Act contained shall affect the validity and
effect of any bond heretofore given by any of the said officers.
Registrar. 62. (1) The Chief Registrar shall have and exercise in
relation to Saint Vincent such functions as may be conferred
upon him by this Act or any other law or by rules of court.
(2) Without prejudice to the generality of the provisions
of this section, the Chief Registrar shall take all necessary
steps for obtaining a hearing under this Law of any appeals
or applications, and shall obtain and lay before the Court of
Appeal in proper form all documents, exhibits and other
things relating to the proceedings in the Court before which










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


the case, or the appellant or applicant, was tried which appear
necessary for the proper determination of the appeal or
application.
(3) The Registrar shall have such power and authority
and perform such duties as shall be necessary for the due
conduct and discharge of the business of the High Court and
the Court of Appeal as the Chief Justice or other judge
authorised by him in that behalf shall direct. He shall be
subject to the general or special directions of the Chief Regis-
trar and shall assist him in the performance of his duties.
(4) The Registrar shall be ex-officio a Deputy Registrar
of the Court of Appeal.
(5) The Registrar shall be ex-officio Admiralty Marshal.
(6) The Registrar shall be ex-officio Provost Marshal.
(7) The Registrar shall have custody of the seals of the
High Court and of the Court of Appeal (Saint Vincent Regis-
try) and of all records, documents and papers thereof.

63. (1) The Chief Registrar, and in his absence the Taxation of
Registrar, shall be the Taxing Master for the Court. He costs.
shall tax all bills of costs in accordance with the scales for
the time being in force.
(2) Every taxation of costs shall be subject to rules of
court and be subject to review by a Judge in Chambers.

64. Whenever the Registrar is on leave, or ill or other- Acting
wise unable to perform the duties of his office, the Governor, Registrar.
acting on the advice of the Judicial and Legal Services Com-
mission, may appoint a fit and proper person to act, during
pleasure, for such Registrar; and such person whilst so acting
shall have all the powers, and be charged with all the duties
of the Registrar:
Provided that until any appointment is so made, and also
on every occasion when the Registrar is from any cause absent
from his office, the duties of the Registrar shall devolve upon
and be performed by the Deputy Registrar who shall while so
acting have all the powers of the Registrar.
65. (1) The office of ithe Registrar and the Provost Hours of
Marshal shall be kept open for the transaction of business business.
on every day of the year except Sundays, Christmas Day,










No. 8. West Indies Associated States Supreme Court (Saint Vincent).. 1970.


Good Friday and Public Holidays, during such hours of the
said days as may be appointed by the Governor.
(2) Notwithstanding the provisions of any order made
under subsection (1) of this section the judge, by whom any
matter is being heard, may direct any paid officer of the Court
to transact at any time any business which, in the opinion of
the judge, is necessary or convenient, to facilitate the hearing
and determination of the matter in question, or to carry into
effect an order made in connection therewith.


Bailiff ..


Registrar,
clerks, and
bailiffs not to
advise litigants.



Misconduct of
officers of
court.


66. (1) There shall be at least one bailiff for the High
Court:
Provided that the Governor may sanction the appointment
of an additional bailiff, or additional bailiffs.
(2) The office of Bailiff shall be a public office under the
Constitution of Saint Vincent.
(3) Every bailiff shall be under the control of the Regis-
trar.
(4) Every bailiff shall, in addition to his duties as bailiff
also perform, if required, the duties of Crier of the High
Court and of the Court of Appeal.

67. No Registrar, clerk to a Registrar, or bailiff shall act
as attorney, agent or adviser of any plaintiff, defendant or
other suitor, or party in or to any proceeding in any Court in
the territory, or give advice in any law matter, or act as con-
veyancer, or notary public, or accept any gratuity for the per-
formance of any duty in connection with his office.

68. (1) If any officer of the court shall be charged with
extortion, or with not duly paying any money received by
him in the execution of his duty, or with any fraud, wrongful
act, or neglect in the discharge of duties of his office, any
Judge of the High Court may-
(a) inquire into the matter in a summary way, on affi-
davit, or such other evidence as shall appear reason-
able to him, and for that purpose, summon and enforce
the attendance of all necessary parties and witnesses
in like manner as the attendance of witnesses may be
enforced in any other proceedings; and










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


(b) thereupon dismiss the charge, or order the officer to
pay any monies or damages which in the opinion of
the Judge, the officer ought under the circumstances
to pay; and also impose such fine, if any, as he may
think fit, on the officer.

(2) The costs of every such inquiry shall be in the dis-
cretion of the Judge, and may be ordered to be paid by the
officer or by the person laying the charge.

(3) Every order made under this section may be enforced
as an order of the High Court.

(4) No proceeding taken, or order made, under this sec-
tion shall prevent the officer from being prosecuted criminally
for any offence committed by him, or affect any right of action
which any person shall have against him, or the power of the
Governor or the appropriate Service Commission to remove
or exercise disciplinary control over the officer.


PART IV-BARRISTERS AND SOLICITORS


69. (1) Every person entitled, at the commencement of
this Act, to practice in Saint Vincent as a barrister or as a
solicitor, may continue to practice as heretofore, and shall be
a barrister or solicitor, as the case may be, of the Supreme
Court.
(2) Every legal officer of Government who possesses
qualifications entitling him to be admitted to practice in the
State as a barrister shall, so long as he continues to be a
legal officer of Government, be deemed to be enrolled as a
barrister in accordance with the provisions of this Act.

70. (1) A Judge of the IIigh Court may, subject to the
provisions of subsection (2) of this section admit as a barrister
of the court any member of the English, Scottish, or Northern
Ireland Bar; and as a solicitor of the court, any person who
shall have been admitted as solicitor or law agent admitted to
practise in Scotland, by a Superior Court in England, Scotland
or Northern Ireland:


Existing
practitioners.


Admission of
Barrister and
Solicitor.










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.

Provided that upon cause shown, any application to be
so admitted may be refused, notwithstanding that the appli-
cant has complied with the provisions of the said subsection:
Provided further that no refusal by a Judge of any such
application shall be final, but any application so refused by
such Judge, shall if the applicant so require by notice in
writing to the Registrar, be laid before, and dealt with by the
Court of Appeal.
(2) Every person applying to be admitted as a barrister
or solicitor, under the provisions of this Act shall-
(a) pay such stamp duty as is provided for in the Schedule
to the Stamp Ordinance Chapter 195 in relation to such
admission ;
(b) file in the office of the Registrar an affidavit of his
identity, and that he has paid the fee aforesaid; and
(c) deposit with the Registrar for inspection by the
Court-
(i) the receipt for the fee aforesaid; and
(ii) his certificate of call to the English, Scottish,
or Northern Ireland Bar, or his certificate of
admission as a solicitor in England or in North-
ern Ireland or law agent admitted -to practise in
Scotland, and
(d) in respect only of a person applying to be admitted
as a barrister and who was called to the English
Bar after the first day of January 1968, have either-
(i) obtained a certificate issued by the Council of
Legal Education of London, England, that he has
satisfactorily completed a Practical Training
Course provided by the said Council and ap-
proved by the Chief Justice for the purposes or
this section; or
(ii) obtained a certificate signed by his pupil master .
and countersigned on behalf of his Inn of Court
that he has either before or after Call or partly
before and partly after Call rend a. a pupil for
an aggregate period of not less than six months
in the ('i ...il, ., of one or more barristers of not
less than five years standing practising in Eu-










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


gland or in Wales or in the Chambers of one or
more barristers of not less than ten years stand-
ing practising in St. Vincent.
Provided that in a special case the Judge may exempt
any such person from depositing, or producing any of the said
certificates, if satisfied otherwise that he has the qualifications
required.
71. (1) Every person admitted as a barrister or solicitor
of the Court shall cause his name to be enrolled in a book to
kept for the purpose by the Registrar and to be called the
Court Roll, and, upon his name being so enrolled, shall be en-
titled to a certificate of enrollment under the seal of the High
Court.
(2) Every person, whose name is so enrolled, shall if en-
rolled as a barrister, be entitled to practise as a barrister, and,
if enrolled as a solicitor, be entitled to practise as a solicitor
in every court in the State.

72. Subject to the provisions of section 71 of this Act,
every person enrolled as a barrister shall be entitled to practise
also as a solicitor, and to sue for and recover his taxed costs
as such, but if he practises as a solicitor, he shall be subject to
all the liabilities which attach by law to a solicitor.


Enrolment of
Barristers and
Solicitors.


Barristers
practising an
solicitors.


73. (1) Except as otherwise provided in subsection (2) Queen's
of this section no barrister who has the rank of Queen's Coun- Counsel.
sel shall perform any of the functions which in England are
performed by a solicitor and are not performed by a barrister;
but a barrister who has the rank of Queen's Counsel shall not
be precluded from continuing or engaging in partnership with
another barrister by reason only that such last mentioned bar-
rister performs any functions as aforesaid.
(2) Every person holding the office of Attorney General,
may notwithstanding that he has the rank of Queen's Counsel,
perform the functions mentioned in section 72 of this Act in
relation to the duties of his office as Attorney General.


74. (1) Every person practising as a solicitor and whose
name shall be enrolled as aforesaid either as a barrister or
solicitor, .shall be deemed to be an officer of the Court.
(2) Every person who, under the provisions of any
statute for the time being in force is, or shall be appointed a
Commissioner to administer oaths in the Court, shall be deemed
to be an officer of the Court.


Solicitors and
Commissioners
for Oaths are
officers of the
Court.








88

No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


Barristers and
solicitors may
be suspended
or struck off
roll.
Unauthorised
persons draw-
ing legal
documents.




Law relating
to solicitors,
taxation and
recovery of
costs.


Disobedience
of subpoena.











WitnesM
expenses in
criminal
proceedings.


75. Any two judges of the High Court may, for reason-
able cause, suspend any barrister or solicitor from practising
in the territory during any specified period, or may order his
name to be struck off the Court Roll.
76. Every person who, not being enrolled as a barrister
or solicitor, or otherwise lawfully authorised shall, either
directly or indirectly for, or in expectation of any fee, gain
or reward, draw or prepare any legal document or shall receive
any fee, gain or reward for drawing or preparing any such
document, shall be liable on summary conviction to a fine not
exceeding one hundred dollars.
77. Subject to the rules of court, the law and practice
relating to solicitors, and the taxation and recovery of costs
in force in England shall extend to and be in force in Saint
Vincent and apply to all persons lawfully practising therein
as solicitors of the Court.

PART V-WITNESSES AND MISCELLANEOUS
78. If any person served with a subpoena to attend as a
witness in any proceeding before a Judge of the High Court
sitting in Court or in Chambers or before the Court of Appeal
shall refuse or neglect to attend pursuant to such subpoena,
such judge or court may punish such person in a summary way
by fine not exceeding one hundred and fifty dollars, or by
commitment to prison for any term not exceeding six months:
Provided that nothing contained in this section shall
affect or abridge any right of any party to the proceeding to
proceed against such person for the recovery of any special
damage such party may have sustained by reason of the dis-
obedience of such person.
79. (1) Any Judge of the High Court may, in or in re-
spect of any criminal proceeding before him, order allowances
not exceeding those prescribed by rules of court, to be paid
to all persons examined or detained as witnesses for the Crown
whether examined before the Magistrate or not, and also to
all persons examined or detained as witnesses for the defence,
who shall have been examined before the Magistrate, and who
shall have been bound over to appear before the court at the
trial:
Provided that the judge may, if he shall think fit, order
a similar allowance to be paid to any person examined at the










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


trial as a witness for the defence notwithstanding that such
person was not- examined before the Magistrate.
(2) If any person except a duly qualified medical prac-
titioner giving professional evidence, whose allowance shall,
under this section, be ordered to be paid, shall reside at a
greater distance than one mile from the Court House at which
such trial takes place, the judge may order to be paid to such
person for and in respect of his travelling expenses, such fur-
ther allowance as may be prescribed by rules of court:
Provided that in the case of duly qualified medical prac-
titioners, whose whole time is given to the public service, and
who are therefore under the provisions of subsection (3) of
this section disqualified from receiving an allowance for at-
tendance, the judge may notwithstanding, order the payment
of an allowance for travelling expenses in accordance with
this subsection.
(3) .When any person called or detained as aforesaid as
a witness either for the Crown or the defence is in receipt of
a salary as a public officer, such person shall not, unless his
whole time is not at the disposal of the Government, by reason
of his enjoying private practice or otherwise, be entitled to
be paid any allowance under this Act, for attendance as a wit-
ness, beyond the travelling expenses provided for by subsection
(2) of this section.

80. Any judge may, in any proceeding pending before Persons present
him, order any person present to give evidence therein, not- at proceedings
withstanding that no viaticum or other payment to which he in Court may
was entitled, shall have been paid or tendered to him. give evidence.

81. The Commissioner of Police shall cause a sufficient Constables to
number of police constables to attend for the preservation of attend criminal
order at every sitting of the Court. courts.
82. A judge may at any time admit any prisoner to bail Judge may
in all criminal cases. admit prisoner
to bail.
831. Every person summoned to attend any Criminal Payment of
Court as a juror and actually attending such Court pursuant Jurors on
to the summons shall be entitled to receive for his maintenance trials.
for every day or part of a day during whicli he attends such
Court the sum of two dollars if resident within a radius of
two miles from the Court or four dollars if resident without a
radius of iwo miles from the said Court.








90

No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


Payment of 84. Every constable (except police constables) summoned
constables to serve and attend the Court as such, and actually attending
other than and serving as such constable, shall be entitled to receive daily
constables. for his maintenance during the time he shall perform such
duty the sum of sixty cents a day, to be paid by the Registrar.
No prepayment 85. No prepayment or tender of expenses to witnesses
to witnesses. summoned to attend the Court in criminal cases shall be
necessary unless the Court so orders.
Return to 86. The return of the Registrar or keeper of the prison
habeas corpus. to any writ of habeas corpus on an arrest or detainer made
under any judgment or order of the Criminal Court for non-
payment of any fine or forfeiture imposed by the said Court
shall be deemed sufficient in law, provided there appears in or
attached to such return a certificate in few words by the
Registrar setting forth the judgment or order by virtue of
which such arrest or detainer was made, and no objection shall
be taken to such certifiate for want of form.
Return of 87. (1) Within seven days after the holding of every
Registrar. Criminal Court the Registrar shall return tinder his hand to
the judge a complete list and abstract of all recognizances
forfeited, and of all fines and penalties imposed by the Court,
specifying those in which the moneys have been paid, and
those in which the party has been committed for non-payment
of such fine, penalty or forfeiture, and all fines, penalties and
forfeitures remaining unsatisfied, and the Registrar shall de-
liver forthwith a copy of such list to the Director of Audit.
Fines how (2) All fines, penalties and forfeitures remaining unsatis-
recovered. fled, and all fines, penalties and forfeitures imposed by this
Act, the recovery whereof is not otherwise provided for,
shall be enforced, recovered and levied by warrants under
the hand of the judge and seal of the Court in the form of
Schedule. the Schedule to this Act or as near thereto as the nature of
the case will admit, directed to the Registrar who shall by
virtue thereof, immediately levy upon the goods and chattels,
lands and tenements of the defaulter or defaulters, and sell
the same (in the same manner as sales are conducted on
execution in civil causes) to satisfy the said fines or forfeitures,
together with the same fees and allowances for such levy and
sale as are allowed on sales under such executions.
Procedure in (3) In case the Registrar cannot find sufficient goods and
default of chattels, lands and tenements of the defaulter or defaulters,
levy. then he is to attach the body or bodies of the defaulter or
defaulters and him and them to imprison for the following
-periods, that is to say:-










No. 8. West Indies Associated States Supreme Court (Saint Vincent).


for the space of fifteen days for any sum not exceed-
ing twelve dollars;
for the space of thirty days for any sum exceeding-
twelve dollars and not exceeding twenty-four dollars;
for the space of sixty days for any sum exceeding
twent-four dollars;
unless such fines, penalties or forfeitures and costs be sooner
paid: Provided always that before any such warrant for the
recovery of any fine or forfeiture in respect of any recogniz-
ance shall issue it shall be lawful for, but not compulsory on,
the judge to call upon the persons who have entered into such
recognizance by rule or order returnable in four days from
the date thereof, to show cause why such recognizance shall
not be enforced by such warrant as aforesaid, but no costs
shall be payable on such rule or order: Provided also that
where any person shall have been arrested under the pro-
visions of section 87 prior to the issue of the said warrant, the
time for which such person shall be imprisoned shall be com-
puted from the time of his arrest, and shall be inserted in the
warrant accordingly.


88. (1) All fines, penalties and forfeitures imposed by
the Court when sitting as a Criminal Court, shall be payable
and paid to the Registrar.
(2) The Registrar shall, without warrant, arrest any per-
son upon whom any fine shall be imposed or who has in-
curred any forfeiture or penalty, and shall detain him in
custody in the prison in Kingstown until issue of the warrant,
as hereinbefore provided, unless in the meantime the fine,
penalty or forfeiture be paid or satisfied.
89. The Registrar shall account to the Court, or to the
judge thereof, and to the Governor whenever thereto re-
quired, for all moneys collected and received, or which
ought to have been collected and received by him respec-
tively for fines, penalties, and forfeitures under this Act, and
shall pay all moneys received by him to the Accountant Gen-
eral for the public use as directed by the Governor upon
pain of answering double the value thereof to Her Majesty
for the public use, to be recovered by action of debt to be
brought by and in the name of the Accountant General on
behalf of Her Majesty.


Fines. etc. to
be paid to
Registrar.

Registrar to
detain per-
sons fined by
Court.



Registrar to
account for
and pay over
all fines
collected to
Acountant
General.


90. (1) Subject to the provisions of this and the next Sittings of
following section, the High Court and the Court of Appeal the Courts.


1970.










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


for the purpose of exercising the jurisdiction and powers
conferred on them respectively by this Act and any other law
in force in Saint Vincent may sit either in Saint Vincent or in
any of the States to which the Courts Order applies.
(2) Sittings of the High Court for the trial of civil and
criminal causes originating in Saint Vincent shall be held at
such times as may be prescribed by rules of court and shall
be held at Kingstown except in cases where the Chief Justice
gives special directions that the Court shall sit at some other
place.
(3) Sittings of the Court of Appeal shall be held at such
times and at such places as the Chief Justice may by general
or special directions appoint.
(4) Notice of the times appointed for the sittings of the
High Court and of the Court of Appeal shall be published in
the Gazette.
Interlocutory 91. (1) In the absence of a Judge, any interlocutory or
applications. other application, which may be made to a judge in Chambers.
may be reduced in writing, and transmitted under the Court
seal by the Registrar, to the Judge to whom it shall be directed,
together with such affidavits and documents as the applicant
shall think necessary.
(2) The Judge's order in writing thereon shall be trans-
mitted to the Registrar, and shall be deemed to be the order
of the Court.
(3) No such application shall be made unless the Regis-
trar shall certify that, to the best of his belief, all parties,
liable to be affected by the order sought, and entitled to- be
heard against the same have had due notice thereof, and an
opportunity of transmitting any counter affidavits or other
documents, in opposition thereto.
Expenses in 92. In every criminal proceeding, all expenses consequent
rioceedinalgs on, or incidental to the transmission of process, the convey-
ance of prisoners and the trial, determination of or dealing
with such proceedings, including all allowances ordered to be
paid to witnesses under section 79 of this Act, shall be paid
out of monies provided by Parliament.
Remission or 93. Any fine or penalty imposed by a Judge may, at any
reduction of time before it has been paid or satisfied, be reduced or re-
fines. mitted by him.









No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


94. (1) Whenever a material witness in any cause or Deposition of
matter, civil or criminal, pending or intended to be prosecuted witnesses
unable to
in the Court shall be about to depart from Saint Vincent, or attend at trial
by reason of age, sickness, or other cause, shall be disabled how taken.
from attending upon the trial (except in cases of treason or
capital felonies) then the deposition ol such witness taken upon
oath before the Judge, or if the examination shall be had at
any distance more than two miles from the town of Kingstown
then before any Police Magistrate, in the presence of the
prosecutor or plaintiff and the prisoner or defendant, or their
respective counsel or attorneys, shall be held good evidence
in any such cause, civil or criminal.
(2) In all cases of procedure under this section where Procedure
the defendant shall be in prison, the judge or Magistrate be- where defend-
fore whom the examination is intended to be taken shall, if ant in
such defendant be not represented by counsel or attorney, on prison.
application made for that purpose, issue a warrant under his
hand and seal directed to the keeper of the prison of Saint
Vincent, requiring him to bring up the body of such defend-
ant before him to be present at such examination, and the
judge or magistrate by endorsement on such warrant may
remand the defendant and direct him to be again brought up
on any such examination as often as occasion shall require,
and upon such examination being completed finally to remand
the prisoner by endorsement on the said warrant, which war-
rant the keeper of the prison shall obey.
(3) All depositions taken under this section shall be Deposition to
sealed up and lodged by the judge or magistrate taking the be returned
same with the Registrar at the expense of the party procuring to Registrar.
them (except in cases where the .same are lodged on the part
of the Crown), and the Registrar shall produce the same at
the trial when, upon due proof being made that the person
whose evidence shall have been so taken is absent from Saint
Vincent or otherwise disabled from attending the Court, such
deposition may be read as evidence upon the trial.
95. (1) In every case where tne examination of a witness Summons for
under the last preceding section shall be necessary, a sum- witness about
mons specifying the cause and some certain time and place Saint Vincent.
of examination shall issue under the hand of the judge or
magistrate, as the case may be, which summons shall be
directed to the witness, and shall require his appearance to
give testimony according to the tenor thereof before the judge










No. 8. West Indies Associated States Supreme Court (Saint Vincent).


1970.


Notice to
opposite
party.













Rules of
Court.





No. 3 of 1844.


Forms and
methods of
procedure pre-
served.


or magistrate who shall have signed such summons, which
summons shall be served personally on the person required to
give evidence at least twenty-four hours before the time
therein fixed for his or her appearance.
(2) In case such witness, being duly summoned as afore-
said, shall make default, not being sick or otherwise disabled,
the judge or magistrate by whom such summons shall have
been issued shall issue his warrant, directed to any constable,
and authorizing him or any other constable to apprehend and
bring such witness before such judge or magistrate to give
his evidence at such time and place as shall be appointed by
the judge or magistrate for that purpose.
(3) Before any examination of a witness shall be taken
under this and the preceding section, the party or his at-
torney seeking to take the same shall serve on the opposite
party or his attorney a notice in writing specifying the title
of the cause or matter and the name of the witness intended
to be examined, and the time and place fixed for the exam-
iation; such notice shall be served personally on the opposite
party or his attorney twenty-four hours before the time fixed
for the examination.
(4) If after such service and due proof made thereof the
party so served, or his attorney, shall fail to attend, then the
examination of the witness may be taken in the absence of
the party so failing to attend, and in such case the serving of
the notice shall be stated-in the caption of the deposition.

96. (1) The power conferred in section 17 of the Courts
Order upon the Chief Justice and two judges selected by him
to make rules of court shall be deemed to include the power to
modify, amend, revoke or repeal existing rules of court.
(2) All rules of court in force immediately before the com-
mencement of this Act shall continue in force until revoked.
(3) In this section "existing rules of court" includes the
Civil Procedure Code.

97. Save as is otherwise provided by this Act or by
rules of court, all forms and methods of procedure which
under and by virtue of any law, custom or rule whatsoever,
were formerly in force in any of the Courts the jurisdiction
of which is vested in the High Court or the Court of Appeal
respectively, and which are not inconsistent with this Act








95
No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.

or with rules and the Court of Appeal respectively in the like
cases and for the like purposes as those in and for which they
have been applicable in the former respective Courts.
98. All proceedings pending before the date of corn- Pending
mencement of this Act on appeal from any court of law to the proceedings.
High Court may be continued and concluded after the com-
mencement of this Act in the Court of Appeal in accordance
with the provisions of this Act.
99. (1) The Supreme Court Ordinance and all amend- Repeals.
ments thereto are hereby repealed.
(2) The Federal Supreme Court Regulations, 1958, in No. 5 of 1941.
their application to Saint Vincent are hereby repealed.




(Section 87 (2)).
SCHEDULE.
FORM OF WARRANT.
SAINT VINCENT.
To the Registrar of the Saint Vincent Circuit and his lawful deputy.

WHEREAS at a Criminal Session of the West Indies Associated
States Supreme Court holden for the State of Saint Vincent on the

day of in the year of our Lord, 19 ,
was adjudged by the said Court to pay

a fine (or forfeiture) of (or a certain
recognizance of for the sum of
was declared and adjudged by the said Court to be forfeited,

the said having failed to appear
on his said recognizance as he was bound to do) (or as the fact may be).










No. 8. West Indies Associated States Supreme Court (Saint Vincent). 1970.


These are therefore to authorize and command you the said Registrar, immedi-
ately to levy upon so much of the goods and chattels, and failing sufficient
goods and chattels then on the lands and tenements of the said
(and to sell the same in the same
manner as sales are conducted on executions issuing out of the said Court in
civil causes) sufficient to satisfy the said sum of
and to pay the same fees and
allowances for the levy and sale thereof as are allowed in cases of levy and
sale on execution as aforesaid, and in case you cannot immediately find
sufficient goods and chattels, lands and tenements of the said
to satisfy the said sum of
with such fees and allowances, as
aforesaid you are forthwith to attach the body of the said
and him to imprison in the prison at Kingstown for the
space of (here insert the term of imprisonment as fixed by this Act), and
him there to keep for the time aforesaid, unless the sum and fees and allow-
ances be sooner paid, and for so doing this shall be your warrant, and of your
proceedings you are to make a return hereon into the Registrar's office as
soon as you shall have fully executed this writ.

Given under the hand of (Judge), and under the seal of the said Court
at Kingstown, in the said State of Saint Vincent, this day '
of in the year of our Lord 19


Passed in the House of Assembly this 12th day of March, 1970.

0. S. BARROW,
Clerk of the House of Assembly.



PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[Price $1.84]
1970.

















SAINT VINCENT.


Act No. 9 of 1970.
I Assent,
H. GEORGE,

[ L. S. ] Governor.

22nd April, 1970.

AN ACT to amend the Criminal Procedure Ordinance, Cap. 5.
[ 28th April, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly
of Saint Vincent, and by the authority of the same as
follows:-
1. This Act may be cited as the Criminal Procedure Short title.
(Amendment) Act, 1970, and shall be read as one with the Cap. 5.
Criminal Procedure Ordinance, (hereinafter referred to as the
principal Ordinance) and all amendments thereto.
2. The principal Ordinance is hereby amended as fol- Cap. 5 amended.
lows:-
(a) by the addition after section 2 thereof of the following
new heading and section:-
PRACTICE AND PROCEDURE (GENERAL)
General 2A. Where not otherwise provided for in this
provision as Ordinance, or in any other'law or rules of court for
and ce the time being in force, the practice and procedure of
procedure the Court in Criminal cases shall be according to the
at Criminal forms, practice and procedure for the time being in
Courts. force in England, so far as the same are not repugnant
to any law in force in Saint Vincent, and with such
variations as local circumstances shall require.









98 ,@

No. 9. Criminal Procedure (Amendnent). 1970.


(b) by the addition after section 9 of the following new
heading and sections:-
PROCEDURE. WHEN ACCUSED COMMITTED
FOR. TRIAL.
Judge's 9A. The judge shall, as soon as conveniently may
order to be after receiving the documents specified in section
bring up 24B of the Indictable Offences (Magistrates Proce-
Tie dure) Ordinance, as enacted in the Indictable Of-
thereof hy fences (Magistrates Procedure) (Amendment) Ordin-
Registrar ance, 1941, issue an order to the gaoler to bring the
accused prisoner before the judge at a time to be fixed by
Attorney 1he judge, and the Registrar shall notify the Director
General. of Public Prosecutions and the accused accordingly.
Cap. 15.
Indictment 9B. When a person has been committed for sen-
against, tence the Director of Public Prosecutions shall pre-
anccuseaby er an indictment against such person, who shall be
committed called upon to plead to it in the same manner as if
for he had been committed for trial and he may plead
sentence, either that he is guilty of the offence charged in the
indictment or, with the consent of the prosecutor, of
any other offence of which he might be convicted on
the indictment.
Withdrawal 9C. (1) A person may at any time before he is
by accused brought up for sentence give notice in writing to the
of consent
to his Registrar that he desires to withdraw his consent to
committal be committed for sentence, and in such case the
for prisoner shall not be taken before the Court for sen-
sentence. tence, but shall be brought up for trial at the regular
sessions of the Court.
(2) No statement by the accused made under
section 24A of the Indictable Offences (Magistrates
Procedure) Ordinance, as enacted in the Indictable
Offences (Magistrates Procedure) (Amendment) Or-
dinance, 1941, shall be given in evidence or in any
other manner referred to at such trial.
Filing of (3) The notice shall be filed in the Registrar's
notice of Office, and the Registrar shall make an entry on the
withdrawal record of the withdrawal of the consent to committal
of consent
to comrn- for sentence, and such notice may be put in evidence
mittal for at the trial or mention may be made at the trial, of
sentence, the fact that such notice was given.












Criminal Procedure (Amendment).


Proceed- 9D. If a person committed for sentence pleads in
ings ot the High Court that he is not guilty or such special
plea of not
guilty or if plea in cases of defamatory libel as is mentioned
indictment in section 2 of the Libel and Slander Ordinance,
not sus- Chapter 108, or if, although he pleads that he is
Court'sa guilty, it appears to the Court, upon the examination
opinion, of the depositions of the witnesses, that he has not
Cap. 108. in fact committed the offence charged in the indict-
ment, or any other offence of which he might be con-
victed on the indictment, plea of not guilty shall be
entered and the trial shall proceed as in other cases
when that plea is entered, and the judge shall post-
pone the case for trial by a jury at the next regular
criminal session of the Court accordingly, and may
remand the accused to prison or admit him to bail in
the meantime.
Pleas 9E. A person who has been committed for sentence
competent may plead autrefois acquit, autrefois convict, or par-
to person
committed don, and in such case unless the accused and the
for prosecutor and the judge consent to the issue being
sentence. tried by the judge without a jury, the judge shall
postpone the case for trial by a jury as in the pre-
ceding section provided.
Powers of 9F. (1) The judge and the Court when sitting to
Court and deal with persons committed for sentence shall, sub-
judge when .
dealing ject to these provisions, respectively possess all the
with powers, authorities and jurisdiction, vested in the
comunittals Court, with respect to the trial of criminal cases in
fortence. the exercise of the ordinary criminal jurisdiction of
the said court.
Attendance (2) The Registrar or other proper officer shall
of offi- attend before the judge or the Court in any proceed-
reord in ing respecting persons committed for sentence, and
such case. keep a record thereof in like manner as in other pro-
ceedings in the Court.
Notice by 9G. (1) A person committed for trial, whether he
person is in custody or not, may if he wishes to plead guilty
or trial of and be sentenced prior to the next regular session
intention ol tlie Coirt. file with the Registrar a notice in writ-
to plead in' tlha'l effect.
guilty.


No. 9.


1970.












Criminal Procedure (Amendment).


Filing and (2) The notice shall be filed on record and entry
entry of thereof made by the Registrar.

Subsequent (3) In such case the Registrar shall notify the
proceedings Judge, Director of Public Prosecutions, or other
committal Rounsel for the Director thereof and the subsequent
for proceedings shall be as in the case of a person corn-
sentence. mitted for sentence, and the provisions of this Ordi-
ance shall apply.


Section 21 of
Cap. 5 repealed
and replaced.


3. Subsection (1) of section 21 of the principal Ordinance
is repealed and replaced with the following:-
Special 21. (1) Where in any indictment or information
whenac- any act or omission is charged against any person
caused found as an offence, and it is given in evidence on the trial
not guilty of such person for that offence that he was insane,
by reason so as not to be responsible, according to law, for his
of insanity, actions at the time when the act was done or omission
made, then, if it appears to the jury before whom such
person is tried that he did the act or made the omis-
sion charged, but was insane as aforesaid at the time
when he did or made the same, the jury shall return
a special verdict that the accused is not guilty by
reason of insanity.


Passed in the House of Assembly this 12th day of March, 1970.


0. S. BARROW,
Clerk of the House of Assembly.


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 16 cents. ]
1970.


No. 9.


1970.




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