|
SAINT VINCENT
GOVERNMENT
GAZETTE
tublihed bI SluthoriIt.
VOL. 68.] SAINT VINCXT, TUESDAY, 1 MARCH, liDj,5.
GOVERNMENT NOTICES.
No. 74.
LEAVE OF ABSENCE.
POST OF ESTIMATOR AND CHIEF
DRAUGHTSMAN PUBLIC WORKS
DEPARTMENT, ST. VINCENT,
B. W. 1.
The Honourable L. L. FUNNETT. Applications are invited from suit-
Member of the Legislative Councii four ably qualified can dilates for the post
weeks leave of absence from 14th ,f Estimator and Chief Draughtsman,
Felrnarv. 1955. Public Works Department, St. Vincent.
Fest Mary.ch 1955. 2. The pst, which is non-pension-
(A. 31/194S ). able, cir 1ies a salary scale of $2,592 per
3 I/Ilantni] u iSing by annual increments of
$96 to S3.168 per annum and the point
No. 75. in this scale at which a suitable candi-
dl:ite will )be appointed will depend on
RESIGNATION. liis qualifications and experience. Con-
.... .. . .A I sidiration is beiiiv -iven to akin, the
Miss M. BYRON, B.A., Senior Assi.s- i i, e gth
tant -istress, Girls' High School. rsi- post pelisionable. Quarters are 'ot pro-
tant Mistess Girls Hgh cho resi- ide. Free passes for the success-
e withl effect from 15th FebrarY fi can didate and his wife ;and family
Swill lie provided on appointment. A
1st March, 1955. Transport Allo-ance of $732.00. is 1-r
(P. F. 263). ;innun payable if the aippnintee main-
tains a motor car for official tra' olline.
3. Candidates must have iad ;i
No. 75. Secondary Eduoation with a soun:l
ACTING APPOINTMENT. knowledge of Mathematics and English.
-- They should also have a minimum of
Consequent on the departure of the two years experience as Eutimator-
Hon. P. R. ELLS, Colonial Treasurer to Draughtsman, and an aggregate of not
attend a Conference in the United States less than 3 years in other phases of
of America, Mr. A. D. W. JOHNSON, Public Works such as Building Con-
Deputy Treasurer, has been appointed struction, Land Surveying and Land
to act as Colonial Treasurer with effect Drainage.
from 24th February, 1955 and until 4. The successful candidate will be
further notice. required to prepare estimates of cost
1st March, 1955. and materials from drawings, and to
(P. F. 666). maintain statistical records of Construc-
72~ J'F
,2
[No. 12.
64 SAINT VINCENT, TUESDAY, 1 MARCH, 1955.-(No. 12).
tion Unit Costs for work operations per-
formed by the I)epartment.
5. Applications should be addressed
to the Superintendenit ol Public Works.
Kingstown, St. Vincent, B.W.I., a,'d
should reach him not later than 10th
Mar'hi, I !955..
23:rd Febri:ary. 195 15.
No. 77.
LEGISLATION.
Thlie RighLt Iloiionoi l,:e the Secretary
of Stite for the Colonies has notified thmt
Hleir AM:esty the QUEEN will not be
advised tNo exercise ler )ower( of dis-
allowance in respect of the follwiiing
Orinllnces of tills (;"verml ont:-t
No. 42 of' 1954.-An Orlinance to
sanction ceirttin piayi eniits frton)
the i'nblic Troasury in excess of
the sinis grtinted by the Appro-
priatiotn (1952) Ordinance, 1951,
i No. 34 of 1951) for the year
enled the 31st day of December,
1952.
(F. 20/1951.).
1st March. 1]955.
No. 78.
SUPPLEMENT TO GiAZETTE.
The Adinii.-lration IhNport by the
Colonial Treasurm-'r ion the Accounts of'
the (Oolony of St. Vinien)t for the yvar
1953, is published with tili- i-sue of the
Gazo tte.
Hy Conilnialni.
A. L. SAMUEL,
Acling GoVerinu i't Secretary.
GOVERNMENT OFFICE,
Isc March, 1955.
DEPARTMENTAL AND
OTHER NOTICES.
ANNUAL GENERAL MEETING OF THE
ST. VINCENT CIVIL SERVICE
ASSOCIATION.
It is notified for general information
that the Annual General Meeting of the
St. Vincent Civil Service Association
will be held on Wednesday 16th March,
1955 at 8.00 p.m. at the Court House.
Members of the Civil Service are
cordially invited to attend.
F. E. WILLIAMS.
Secretary.
28th February, 1955.
STATEMENT OF CURRENCY NOTES CIR.
CULATION IN THE BRITISH CARIBBEAN
TERRITORIES (EASTERN GROUP)
ON 1st FEBRUARY. 1955.
Average Circu nation during
December 1954:-
Hlr. C(,ri bi an Cnr-
reinc Notes ...554,728.292.00
Govi. Currency Note-... 1,l04.6;89.00
$56,632,931.00
Briiish Caribbein Cur-
retm-y Notes:
Trinidad & Tobago
(incildi ngo Mont-
serrit)
liarbados
Bri t i,- (ini;na
Grenaila
St. Vincent
St. Lucia
Dominica
Antigua
St. Kitts
... $27,309,444.00
5,535,625.00
... 13,811,927.00
... 1,939,100.00
... 529,400.00
... 862,000.00
... 1,091,400.00
... 1,423,300.00
... 1,519,500.00
Total British Caribbean
Currency Notes ... $54,021,696.00
Trinidad & Tobago
Government Note
Circulation ... $1,16S,745.U0
Barbados Government
Note Circulation ... :393,9 28.00
lritishl Gniana Gov-
ernmeniit Note Cir-
culatioin ... 111,723.00
Total G),overnment
Note Circulation ... $1,674,3i96.00
Il'ota l Circulation of,
1st Felirn:u.v, 1955 ... $55,696,092.00
L. SPENCE.
Executive Commissioner,
British Caribbean Currency
Board.
BRI'vIISI CARIBBEAN CURRENCY
BOARD,
TREASURY CHAMBERS,
PORT-OP-SPAIN,
TRINIDAD, B.W.I.
POST OFFICE NOTICE.
It is hereby notified for the inforini-
tion of the Public that an Electric
Stamp Cancelling Machine has bee in-
stalled at the General Post Offie. in
order to speed up the post marking of
letters.
It is necessary however that the
stamps passing through this mac-hine
should always he affixed to the RIGHT
HAND TOP CORNER.
SAINT VINCENT, TUESDAY, 1 MARCH, 1955.-(No. 12).
The Public is the refore kindly re- proved and the following conditions
quested to co-operaie b1v alkin g a little will be taken into account in assessing
care to see t h t thestains on their let- the eligibility of applicants for li,!cetcis
ters are always placed in tliat position. to import these vehicles :-
McD. SMIThl.
CO/on / ial 'OStonii/s '.
GENERAL POST OFFICE,.
ST. VINCENT.
2C, iN It ',i, ru' y T I CI5.
CONTROL NOTICE.
PURCHASE OF I'HIVATI'; (,ARS AND
COMMERCIAL VEHICLES FROM
])OLLAR I SOURCES.
It is herel)by Noifii d for .en-rai iii(fr-
ma.ion that there exists in illoca:iin
of dIollars for the purchase of priiaLt
o rs and coinillerci:al vchicil.s fro l d)]l-
lar sources.
[t is to be Vlrih ly inlersto)d Ihat t l b ,
allocation hais been i llowedi in ori( detr t,
meet cases where t s.cseiti: l iit.'e c;ian
(i) the purchase of a United Stat,.
Nortli A iiiericanVehiild is essen-
li;li ;ild 1lo reasonabl si b tlll)i lit
( cn i,, f~t)und in tie non dol;o r
,world :
(ii) l \\ars:r.' In de ;1 vailideS h oily
1") 1; ~'rS w lose ln ,s 1 i'nli-
lii duties involl \ 1 ,It lisi. ce
ti', V-er IiI)-counilr ]'o; :
(ii' tin' ..rca' -ers can cstA' lis'l t hat
t 1", i;i ve a : llii lt e netd for ll) is
i 1,, 41 (cal.r lor l 'i 'p ose 1)[ iinp)or-
t;nilw I1) tihe territory ;
(iv) ,;l. is allow ed xl cx t to a
i',;"r ,:-"'o wohlld qualify under
;1;.' i- M, coM litions :is the origi-
,al s-t], .
C. R. WILL] A\MS.
7h C.t! i. / 0! 9unplies.
7li Frbrai]irl 195"5.
Privy Council Appeal No. 36 of 1953
CSARICE HADAWAY, Administratrix of the Estate of WILLIAM
HORATIO CLAIRMONTE (or CLAIRMONT) BOARDMAN (deceased)
WITMOT HFNRY HADAWAY and another
Appellant
Respondents
FROM
THE COURT OF APPEAL FOR THE WINDWARD ISLANDS
AND LEEWARD ISLANDS
JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE
PRIVY COUNCIL, DELIVERED iHE 13TH DECEMBER, 1954
Present at the Hearing:
VISCOUNT SIMONrS
LORD MORTON OF HENRYTON
LORD SOMERVELL OF HARROW
[Delivered by VISCOUNT SIMONDS]
In this appeal, which is brought from a judgment of the Court of Appeal
for the Windward Islands and Leeward Islands reversing a judgment of the
learned Chief Justice (Jackson, C.J.), no general question of law arises but
the issue depends on the construction of the will dated the 28th 'November,
1944, of one Henry Langlie, Wilmot Hayward who died on the 2nd June, 1946.
By his will the testator, after appointing William Horatio Boardman and
Wilmot Henry Hadaway to be his executors and trustees, devised and bequeath-
ed to them all his property upon trust for conversion and payment of his funeral
and testamentary expenses to hold (subject as to some parts thereof to certain
life interests) upon the trusts set forth in paragraphs 4 to 8 thereof which it
is convenient to set out in full.
4. Upon trust as to my personal estate to sot aside and invest in proper
securities a sum sufficient to produce an annuity to ce paid as follows:-
To William Horatio Boardman the sum of 1C0 per annum payable
in equal monthly instalments for the term of his natural life.
Provided nevertheless that my Executors may in their discretion invest
the sum to be set aside under this paragraph in the shares, securities or
stock of the Bank to be established in accordance with my direction here-
inafter contained.
5. Upon trust as to the residue of my personal estate to pay and trans-
fer the same to a body corporate established under the Laws of Saint Vincent
66; SAINT. VINCENT, TUESDAY, 1 MARCH, 1955.-(No. 12).
for the purpose of establishing and founding a Bank within two years of
the grant of tha probate of this my will on the terms,, directions and con-
ditions hereinafter set out.
6. I hereby direct my Trustees to use their best endeavours in corporat-
ing by Statute a Body to manage and direct the said Bank. the Directors of
which shall be composed of the Administrator, the Colonial, Treasurer and
four other persons to be appointed annually at the general meeting of
the body corporate or if any vacancy necessitates it by the Executive
Council of Saint Vincent.
7. I hereby empower the said Directors to appoint or dismiss a Man-
aging Director of th3 Bank, who is to be subject to their control and dis-
creticn.
8. I hereby declare that the object of the Bank will be primarily to
assist the Planters and Agriculturalists of Saint Vincent by way of loans
at a sufficiently low rate of interest as is compatible with the proper
operation of the Bank.
The will was in due course proved by the executors named therein, of whom
William Horatio Boardman was stated to be the sole heir and next of kin of
the testator. The residuary estate amounted to about 80,000.
In these circumstances an originating summons was issued in the Supreme
Court of the Windward Islands and Leeward Islands, in which the testator's
executors were plaintiffs and the respondent the Attorney-General of the Wind-
ward Islands was defendant, to have it determined whether the. trust contained
in clauses 5 to 3 of the will was a valid and effectuaL public or charitable trust
or failed for uncertainty or any other reason and for certain consequential
relief.
This summons coming on for hearing before the Chief Justice of the Su-
preme Court, that learned judge, in a long and careful judgment, in the course
of which he recited many, of the leading authorities in this branch of the law,
concluded that the will did not effectually create a charitable trust and declared
that the testator's siduary estate was divisible .among the next of kin of the
testatcr as upon an intestacy.
From this judgment the respondent Attorney-General appealed to the
Codrt of Appeal and that Court by a majority (Cools-Lartigue and Manning,
J.J., dissentiente Date, J.), allowed the appeal. The majority of the Court
in effect held that the, trust in question was intended to benefit, and tould
benefit, agriculture, and further that any profit made by the Bank by any busi-
ness other than loans to persons engaged in agriculture could only ultimately
be used for the dominant and primary purpose of assisting agriculture and
that consequently any activities of the Bank other than the assistance of plan-
ters and agriculturists must be ancillary or subservient to that primary or
dominant object. Therefore, they held, the trust was charitable. In his dis-
senting judgment, on the other hand, Date, J., took the view that, if the test-
ator intended the loans to be expended on the' promotion of agriculture, he had
failed to use words which adequately conveyed that intention and that the trust
was not beneficial to the community in a sense which the law recognized as
charitable and was therefore invalid.
In the meantime William Horatio Boardman died and the appellant Clarice
became his representative by virtue of a grant of administration of his estate
with the will annexed made on the 2nd May, 1952. She has by special leave
appealed from the order of the Court of Appeal, the respondents being the
surviving executor, Wilmot Henry Hadaway, and the Attorney-General of the
Windward Islands.
At the hearing before their Lordships, much argument was directed to
the nature of the machinery by which the trust declared, by paragraph 8 of the
will was to be brought into existence, and it may be conceded that in this respect
the testator's intentions are not very clearly expressed. But it does not appear
to their Lordships that there is any materiality in the argument, for ultimately
the only question is whether the trust set out in paragraph 8 is a valid trust
and upon this question they are of the opinion that the judgments of the Chief
Justice and Date, J. are correct. It appears to them to be impossible to regard
as charitable a trust for the granting of loans at a low rate of interest to a
class of persons carrying on a particular trade or business or profession, unless
at least there is a condition that .orns, so made should be employed for a pur-
pose which could itself be regarded as charitable. Their Lordshius do not wish
to cast any doubt upon the correctness of the decision in Commissioner of Inland
Revenue v. Yorkshire Agricultural Society [1928] 1 K.B. 611, at p. 636, "It is plain
to my mind", said Lawrence, L.J., in that case, "that the general improvement
of agriculture is a charitable purpose falling with the fourth class of Lord
Macnaghten's well-known classification of legal charities in Pemsel's case".
SAINT VINCENT, TUESDAY, 1 MARCH. 1955.-(No. 12).
Their Lordships accept this as an accurate statement of the law, but it appears
to them impossible to regard the will of the testator as creating a trust for
the general improvement of agriculture only or for such a purpose and purely
ancillary purposes only. But it is conceded by the appellant that, unless the
will can be thus construed, the appeal must fail: for if the trust fund may be
devoted either to charitable or to non-charitable purposes the gift is invalid.
This is the question of construction upon which, as has already been said, apart
from any other difficulties, the issue in this case turns. Their Lordships do
not dissent from the general proposition, which has been stated in various
terms, to the effect that, where possible, a benignant construction in favour of
charity should be adopted. But this does not justify the insertion of words in
order to restrict the plain meaning of an expression and thus give validity to
an otherwise invalid bequest. If there is a real ambiguity, it may be resolved
in favour of charity: where there is no ambiguity, no question arises: the plain
meaning of the words must be accepted and so must the ensuing legal effect.
In the present case their Lordships entertain no doubt that the ambit of
the trust is wide enough to include loans which could not fairly be described
as being for the promotion of agriculture or as being ancillary to that purpose,
and that it is only by inserting restrictive words that loans could be so confined.
For it is clear that it would be competent for the directors of the Bank, which
is to be established under the will, to make loans to planters in any financial
emergency whether due to crop failure or other farming disaster or to some
personal distress. But such loans which might or might not be used for agri-
cultural purposes cannot be properly described as made for the general promo-
tion of agriculture however much individual planters may benefit. The promo-
tion of agriculture is a charitable purpose, because through it there is a benefit,
direct or indirect, to the community at large: between a loan to an individual
planter and any benefit to the community the gulf is too wide. If there is
through it any indirect benefit to the community, it is too speculative and re-
mote to justify the attribution to it of a charitable purpose. It would be equally
easy and equally wrong to regard as charitable a trust for the granting of loans
on generous terms to any member of any other class which performs a useful
function in the social or economic life of the country. If their Lordships had
come to a different conclusion on this point, the respondent had other difficul-
ties to meet. It is however sufficient to say that their Lordships, being of opin-
ion that upon a proper construction of the will restrictive words cannot be
imported into the terms of the trust and that without them the, trust! is invalid,
will humbly advise Her Majesty that this appeal should be allowed, the order
of the Court of Appeal except so far as it relates to costs set aside, and the Order
dated the 9th October, 1951, of the Chief Justice restored.
In the special circumstances of this case their Lordships think it right to
direct that the costs of all parties of this appeal should be paid as between
solicitor and client out of the testator's estate.
1st March, 1955.
Privy Council ApTeal No. 1 of 1954
EEENEZZR THEODORE JOSHUA Appellant
V.
THE QUEEN Respondent
FROM
THE COURT OF APPEAL FOR THE WINDWARD ISLANDS
AND LEEWARD ISLANDS
JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE
PRIVY COUNCIL, DELIVERED THE 7TH DECEMBER, 1954
Present at the Hearing:
LORD OAKSEY
LORD KEITH OF AVONHOLM
MR. L. M. D. DE SILVA
[Delivered by LORD OAKSEY]
Thi.; is an appeal from a judgment, dated the 7th July, 1953. of the Court.
of Appeal for the Windward Islands and Leeward Islands (Jackson, C.J., Date-
and Manning, JJ.), dismissing an appeal from a conviction and judgment, dated
the 1Gth January, 1953, of the Suprenme Court of the Windward Islands and
68 SAINT VINCENT, TUESDAY, I MARCH, 1955.-(No. 12.)
Leeward Islands (Cools-Lartigue, J., and a jury), whereby the appellant was
convicted of effecting a public mischief and was discharged conditionally upon
entering into a recognizance to be of good behaviour and to appear for sentence
when called on at any time within two years.
The appellant was indicted on three counts, the first and third charging
sedition and the second charging a public mischief. On the first count the
jury failed to agree, and were discharged from returning a verdict; on the third
count the appellant was acquitted. The second count read as follows:-
"STATEMENT OF OFFENCE.
Effecting a public mischief, contrary to the Common Law.
PARTICULARS OF OFFENCE.
Ebenezer Theodore Joshua on the 26th day of November, 1952, at Kings-
town in the Colony of Saint Vincent, did by means of certain false state-
ments in a public speech to the effect that the police were scheming politi-
cally and storing up a veritable arsenal at headquarters to shoot down the
people when they decide to fight for their rights, agitate and excite certain
section of the public against the police, to the prejudice and expense of the
community."
The common law of England relating to criminal matters prevails in St.
Vincent.
The following evidence relevant to the second count was given for the
respondent.
In a speech made by the appellant in the Market Square at Kingstown on
the 26th November, 1952, and in other speeches made by the appellant on the
12th and 20th November, 1952, he had said inter alia-
"For this reason, the Policemen are storing up a veritable arsenal
in the Headquarters. They are storing up this arsenal to shoot you down
when you decide to fight for your rights. I have on many occasions point-
ed out the seriousness of making the people of this island bitter against
one another and it is again happening in our midst. That is why they
are storing up this arsenal and with that, Charles, Slater, and all the rest
are joining in the plot. They havel a veritable arsenal to shoot you down
like dogs."
"I am asking about all these number of wrongs going on in our midst;
the police taking political sides, heaping up a large arsenal to shoot you
and destroy you; the Councillors whom you elected not caring for you
and things of that nature."
Evidence was also given that there was no truth in the allegation that the
police were storing up arms. Arms were kept primarily for the protection of
the colony, because the police were liable to be called out for full military ser-
vice.
The appellant neither gave evidence nor made a statement, and called no
witnesses. His counsel submitted that comment about the conduct of a public
officer could not be said to tend to create public mischief. The learned Judge
rejected this submission.
In his charge to the jury, the learned Judge after dealing with the facts
directed the jury as follows:-
"The authorities also clearly establish that it is for the Jury to find
whether the Accused committed the acts alleged against him. In this case
whether he said these words! It is for the Judge to rule whether those
acts, if proved, do or do not constitute the effecting of a public mischief.
Holding as I do that the words complained of, in the context in which
they are found, can only be construed as an attempt to bring the Police
into disrepute and to cause a certain section of the, community to suspect,
disrespect and, in all probability, to hate the Police. I direct you, as a
matter of law, that if you find he did utter the words complained of, he
is guilty of the offence of effecting a public mischief."
The jury returned a verdict of guilty on the second count by 8 to 1.
The appellant appealed to the Court of Appeal for the Windward Islands
and Leeward Islands. His notice of appeal, dated the 24th January, 1953, raised
the following points of law; (i) that the indictment was bad for various reasons;
(ii) that the learned judge had misdirected the jury about the relevance to the
first and third counts of evidence supporting the second count; (iii) that the
evidence supporting the second count did not constitute the offence of public
SAINT VINCENT, TUESDAY, 1 MA.Rf'H, 15.--(No. 12). -
mischief; (iv) that the verdict i '' the se-ond count was unreasonable in view
of the verdict on the first and third ctuiit. .
The judgment b? the Court of Apijeai wva. delivered on t.h6'e 7th July. 1953... '
Having set out the indicti:'nt drd d(i.-ercbEd th.- course of the.trial, the learned
Judges held that no ,'uplilnr could,, be based on the suggestion that the words
which formed the .ubjcrr of th ie .eohd count v.ere also part of t.he words hilch
formed the subject of th- .first -iount. In mact; the two couint.s werp founded
on different parts of the onie sp-r;.h. aod C:.,k-Lartigue. J., had specifically and
clearly directed the jury as-o '.: :. ai i.l.T' on the second count. The learned
judges quoted the otfter.1.r o Lord Ca:idec,:te, L.J.C.,:in R.'v Youngi (1944), 30
Cr. App. R. 57, 60, that :f.'-ac:.' hi'' tend to rth piHjudic' or which cause
expense to, the public .u-tii' \:-~ .1 under i-. common Inw of n-isdrmeanour
of causing a public mischief.' Tr-.,' quoted Co'ol Larrilni. 'J.'s direction that
the appellant, if he uttered the words :.11] .:e'-. -,, guilty of effecting a public
mischief, and said it was settled law -.h' tl! qietion w&Atliher an act-might
tend to the public mischief was for th( jt.!:--, .,in was not an issue of fact on
which evidence might be given.' It did not matter th., rh-ie had be-en no evi-
dence of expense to the community, .because the, .rt-:ce could be constituted
either by prejudiece or by expense'to the public. The, W\Voi "and x.'I.nee" in
the second count were surplusage. The 'dir-,ti.i of the learned judge was
right. Accordingly, the appeal was :1i= rn'm d. "
The following questions have been argued before their Lc hi-h,''] F' Board:
first whether apart from cases of conspiracy there, is any common I.-v.' offence
of effecting a public mischief: secondly '.. hL r h .the ud;.-e's *direction was
right that the jury must as a matter of law find the appellant guilty if they
found that he spoke the words charged: thirdly -- heitr the two offences of
sedition and effecting a public mischief can be charged in respect of One speech
and fourthly whether the appellant could be found guilty, on .an i,'clrn,-int
charging that he did by false statements ?" it, and, excite certain sections, of
the public when no evidence was given ii,:.r aty section, of, the public were
agitated or excited by the appellant's speech.
The first question is one of general importance upon which there are con-
flicting views by Judges of great eminence (e.g. Holt, C.J., R,. v DaI !.':,', 6 Mod0.
99 p. 100, Mansfield, C.J., R. v. ,i '.A i ci.. 2 Burr, 1125, p..1127-8, Ggddard, C.J.,
R. v Newland [1954] 1 Q.B. at p. 167-8, and Normand. Lord Justice-General,
Kerr v. Hill, 1936 J.C. 71, and as it is not necessary to the decision of the present
appeal their Lordships do not propose to deal with it.
On the second question -': L.-.: 1.:... are of op-in '.,i that it was, for the
judge to direct the jury as to the elements of the crime of e:1,,:.fi,. a public
mischief (assuming that such a crime exists) and to direct them on the -facts
if he thought there was evidence to go to the jury and it was for the jury to
find whether the appallant was upon those facts. It was a misdirection
to tb.l the jury 3s a matter of law that they must convict the -. .,'- if they
found he had spoken the words alleged. To do so was in their Lordphip's opinion'
to usurp the function of the jury. It is true that there are s>me .:, .. -1,
of Lord Alverstone, C.J., in the case of R. v. Brailsford [1905] 2 K.B. at pp. 746-747
which seem to suggest that the question whether the crime of public ... ,
had been committed is for th, judge, but there are other passages in the same'
judgment which make it clear that the- court there : .. r their ,
cases in which the jury must find whether the prisoner is rtguiltvon .
proved. It is a general principle of British law that on a trial by jury it is
for the judge to direct the jury on the law. and in so far as he thiiks r'necespary -
on the facts, but the jury, vhilst -ie- r take the law from tehc judge, are
the sole judges on the facts. (See R. v. West. 4 Cr. App. R. 179, ,. ,v.Beeby, 6
Cr. App. R. 138; R. v. Frampton, 12 Cr. App. R. 202.)
On the third question their Lordships think it is highly undesirable that
a prisoner should be tried on counts that hle made a seditious i,- .:. and also
that he effected a public mischief by making the said speech, yet that is what
happened in the present case, with the result *i, r the jury found the appellant
not guilty of sedition but guilty of effecting a public mischief by making a
speech the mischief of which was its ,-. ,., ,,.,',,, nature.
On the fourth question their Lordships are of opinion that on the indict-
ment as framed there was no evidence to go to the jury.
For these reasons their Lordships will humbly advise Her I.:, .- that the
.appeal ought to be allowed and the conviction quashed.
There will be no orcer as to costs as there are in their Lordships' view no
such circumstances as to justify a departure from the ordinary rule in criminal
cases.
1st March, 1955.
TO SAINT VINCENT. TUESDAY, 1 MARCH, 1955.-(No. 12).
LAND AND II3USE TAX NOTICE.
Notice is hereby given that the undermentioned persons have become defaulters under the
"Land and House Tax Ordinance". Their properties having been levied upon will be offered for
sale at 1.00 p.m. on Saturday 5th March, 1955, at the Treasury, Kingstown, for the recovery of
taxes due thereon.
A. D. W. JOHNSON,
for Colonial Treasurer.,
TIAAeURY, CHAMBERS,
ST. VINCENT, B.W.I.
28th January, 1955.
No. Name of Owners.
1 Abbey, Marialh
2 Adams, Julian
3 Alexander, 3.
4 Andloews, A.
5 ,, George
6 Browue, Florence
7 ,, Godwin
8 James
9 Clarke, Anna
10 Dick, Hrs. Alexr.
11 Edwards, Hunert
12 Forde, Geeo.
13 Gibson, Robert,
14 George, Almina
15 ,, Virgina
16 James, Henrietta
17 ,, Louisa.
18 ,, Mabel
19 ,, Robertha
20 Jack, Ethel
21 ,, J. A.
22 John, Millicent,
23 Jonas, Amy
24 King, Osment
25 Laban, Octavia
26 Laimpkin, \V.
27 Lewis, Adina
28 Matthews, N.
29 McDonald, N.
30 McDowail, Jas.
30a Quammie, Rosa
31 O'brien, J.
32 Parris, 0.
33 Patrick, R.
34 Payne, Doris
35 Peters, Mary
36 Phillips, Eric
37 Power, Cyril
38 Priddie, Geo.
39 Richards, Maude
40 Richmond, Henry
41 Roberts, Ivan
42 ,, Sydney
13 Samuel, C.
44 Thomas, Geoe.
45 William
46 Waldron, Jas.
47 Webb, H.
48 Williams, Jas.
49 ,, Johnathan
50 ,, Y! argaret
51 ., lanrcia
52 ,, Owen
53 VeVonica
54 Dehnr, Wim.
Service Description of
Address. No, Property.
I
,Stubbs 1722
1723
Victoria Village 1795
Stubbs 1725
Prospect 2463
Stubbs 1730
Rivulet 2417
Calder 1812
Cotton (Call.) 2481
Stubbs 1739
Pleasant Hill 2518
Mt. Pleasant 1711
Upper Stubbs 1742
Cartes 2410
2412
Stubbs 1751
otubbs 1752
Stubbs 1753
Golden Vale 2493
Victoria Viliage 1798
,, ,, 1797
Enhams 2-14 3
Calder 1S23
Mt. Pleasant 1718
CIldor 1827
Victoria Villag< 180o
Calder 1825
Stibbs 1761
Calder 1829
Mt. Pleasant 1719
Enhams 2442
Argyle 1706
Golden Vale 2499
Enhams 2438
Stubbs (Upp.) 1768
Southwood 2515
Choppins 2503
Stubbs (Upp.) 1770
Enhams 2440
Stubbs 1776
(Upp.) 1777
Calder 1837
1839
Lower Diamond 2513
Choppins 2406
Calder 2401
Victoria Village 1808
Mt. Pleasant 1721
Victoria Village 1809
Stubbs (Upp.) 1789
1788
It 1790
Calder 2407
Stubbs 1781
Argyle 1734
1 house spot
1 house spot
1 house spot
1 house spot
24 poles
I house
2 ac. 4 pis.
1 house spot
1 house spot
1 house spoil
1 house
3 rds. 30 pls.
28 pbs.
3 rds. 36 pis.
2 rds. 21 pls.
3 rds.
32 pls.
1 house
1 h'uIse spot
1 house spot
Shlouse
1 house s, ot
1 a.. 28 pis.
3 rds. 8 phs.
1 ncreo
1 house spot
1 house spot
2 roods
1 house
1 ac. 3 rds. 16 pis.
1 house spot
12 ac. 2 rds. 24 p1s.
1 Fd. 7 p1s.
1 house spot
3 roods
1 rd. 34 p1s.
1 house
8 poles
1 house spot
1 acre
1 house spot
1 house
1 house
1 ac. 3 rds. 6 p1s.
1 house
1 house
32 poles
1 acre
32 poles
1 house, 1 spot
1 houso spot
I house spot
1 house, I spot
1 house spot
2 Acres
Tax and
Fine.
$ c. c.
48 86
24 18
1.44 36
96 54
96 72
48 18
72 18
24 18
24 18
96 72
1.20 18
24 18
48 36
24 18
24 18
24 18
24 18
1.92 78
24 18
72 54
60 18
48 18
48 Is
72 54
24 18
90 72
96 72
96 78
48 18
1.44 54
48 36
3.84 30
48 36
48 36
48 18
24 18
1.92 72
24 18
48 18
48 36
72 54
48 18
96 36
48 18
48 18
1.44 54
48 18
96 18
48 36
1.44 16
48 36
24 18
2.88 72
96 72
48 18
Period.
1951/52
1951
1952/3
1950/53
1950/53
1951
1953
1950
1953
1950/53
1952
1952
1951/53.
19o3
1953
1951
1952
1950/54
1950
1951/3
1952
1953
1953
19,51/3
1952
1950/3
1950/3
1950/2
1953
1951/3.
1951/3
1953
1952/3
1951/2
1953
1950
1950/3
1953
1953
1952/3
1951/8
1953
1952
1952
1952
1951/53'
1951
1950/5&
1950/51
1952/53
1952/53
1953
1953/53'
1953/53-
1950
SAINT VINCENT, TUESDAY, 1 MARCH, 1955.-(No. 12).
LAND AND HOUSE TAX NOTICE.
Notice is hereby given that the undermentioned persons have become defaulters under toh
" Land and House Tax Ordinance." Their properties having been levied upon, will be offered
for sale at 1.00 p.m. on Saturday 19th March, 1955, at the Treasury, Kingstown for the recovery
of taxes due thereon.
A. D. W. JOIINSON,
Jur Colonial Treasurer.
TREASURY CHAMBERS
ST. ViNCYfNT,
5th February, 1955.
No. Name oJ Owners.
I Alexander C.
2 liem Ilrs. iii es
i Best, Francis
-1 Bl i,, d.o, Le,*u
;) Braml hie, W.
t Butp, Vincent
7 Bynoe. C.
8 Calli'le, Enid
9 Canlpbell. E. & 0).
10 Chlirk L,(vi
11 (Clarke, I lhe,,philu
12 ( oftv, Alplihai
I 8 Cupid, JuIl, s.
11 awardsrds, .L .
13 Evans. (i i ti l'
16 Exett'r, 1C.
17 Forbes, T.
18 Giabriel, St. C.
19 Giil, A. & hOr.:,.
20 Gill, S. T.
21 Glasgow, McP.
22 Gonsiilves, M.
23 Gordon, i eo.
24 Grant, Ell n
25 Reavess, Josephtl
26 Gurley, Maulde
27 HIarry, J.
28 Harry, Lawaron.ce
29 Harry, Hrs. Louisa
30 Hlerbert. Jili s,
1 Illoilingsworth, C.
32 Horner, l vine
33 Huteldinson, Hrs. IN. L.
34 James, Eddie
35 Joseph, Ceciliai
36 Knights, Iris
37 Lawrence, L.
38 Marshall, M.
39 Matthias, Geo.
40 McLean, Esteila
41 McTair. Sinieon
42 Medford, Adam
43 Murphy, Harriett
44 Porter, G.
45 Richards, Thomas
46 Roaclie, Eliz.
47 Sampson, Daniel
48 Skeete. Edward
49 Snagg, Job
50 Soso, Alma
51 Soleyn, Benjamin
52 Soleyn, James
53 Thomas, MWry A.
54 Thorne, Albert
55 Thorne, Nathaniel
56 Williams, Jos. A.
57 Williams, Margo Ashby
58 Williams, Omeg-a
Address.
Riihmioml I ill 2082
NewtWitn 2o8 63
Fent.mn Mt. 2610
IPaul Over 228.5
ti m.Incild Ilill 21(.o0
Paull Over 2(;3()
ArInis Vale 2629
Rlichini )i d Hill 2"2_02
., ,, 21)33
,, ,, 2206
206
Arnos Val\e 2604
tliehir 260.5
2608
Richmliond Hlill 2210
,, 2211
Kilngstownl PTalk 2316
lichmiond Hlill 2072
2093
Pilgrim ll ill 21 l I
Kingmtown Pa rk 2:;04
Pilgrim 2613
R]ichmiond llill 2074
]lawks Ml. 2612
Sion lIll 2232
Richniond Hill 2054
,, ,, 2055
2,)5 G
,, ,, 2057
2096
Cane (ardn 2271
Richmond Hill 2097
MlcKie's Hill 2384
Richinond lli.l 1979
Sion Hill 2245
I:ichinond Hill 2060
North River Rd. 2383
McKie's Hill 2377
Paul Over 2376
Kingstown Hill 2392
Richmond Hill 1994
,, 1964
,, ,, 2087
Newtown 2368
Richmond Bill 1998
2088
2081
Sion Hill 2216
Kingstown Park 2305
Sharpes 2379
Belair 2625
Richmond Hill 2076
Claxton 2387
Richmond Hill 2000
Belair 2627
Richmond Hill 2079
Cane Garden 2260
Service Description of
No. I'ropcrty.
6 poles
1 hiuis'i
I ue" i-i
1 iuii'o
1 ]iiius
I lIt e
1 hause
1 house spoti
1 heo n-e
1 h)uise Spot
3 ics. 2 r,.s. :0 p1-.
2 tes. 26 pis.
I l,ous lsp tp
2 rd ,. ::6 p!k.
2 ro).,ls
1 hou- i
1 house splr
2 acres
2 iiro-ie
2 roids
Slmuseo
1 acre
I houso
1 louse
1 acre
1 house
1 lihouse
1 lou. oe
1 rood 2 pohles
2 roods 24 poles
1 house
1 house spot
l house
1 house spot
I rood 24 polos
1 house
1 House
1 house
1 house
I house
1 house spot
1 house
1 house
1 house spot
1 house
1 house
1 house, 1 spot
1 house
3 acres
I house
1 ac. 3rds. 34 pis.
1 house
1 house
1 house
1 house spot
PRINTED BY THE GOVERNMENT PRINTER, AT THE
KINGSTOWN, ST. VINCENT.
GOVERNMENT PRINTING OFFICE,
[Price 24 eents.]
Tax &
Fiie.
4 C. $ C.
4S :10
84 18
480 62
1.4 54
96 ;;1
96 ;36
48 18
1.80 )54
!'.12 (0O
1.44 54
24 18
48 18
24 18
96 l1s
1 68 18
72 51
96 72
24 18
180 5-1
96 72
1.44 54
48 18
21 18
96 136
24 18
96 36
96 36
48 36
72 1S
1.84 18
2.40 36
72 54,
72 54
2.40 54
24 18
1.80 54
48 36
i06 72
660 77
14.40 1.64
48 18
96 18
48 18
48 18
1.44 54
84 18
72 54
80 18
48 18
12.24 1.22
48 18
72 18
1,44 54
48 18
1.68 36
48 18
2.40 36
48 36
Period.
1952/5)8
1953
1951/58
1951& 53
1952/38
1952
1951/3:,
1952/58
1951/58
1952
1951
1951
1951
1951
1951/,:?
1950/53
1950/56
1951/53
195.2
1951
1952/.53
1953
1952/53
1952/5:1
1952/53
1952
1952
1951& 53
195 1/53
1951/5:1
1951/533
1953
1951/58
1952/53
1950/53
1052
1952/53
1953
1952
1953
1951
1951/53
1952
1951/53
1951
1953
1951
1952
1951
1951/53
1953
1952/53
1951
1951/53
1952/53
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