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257
SAINT V NCENT
GOVERNMENT
VOL. 90.]
GAZETTE.
JIub liihld bU u J!ht ri .
SAINT VINCENT, !UE> ).',Y. 3017 JULY l957.
[No. 37.
GOVERNMENT NOTICES.
No. 350.
LEGISLATION.
The following Document is published with this issue of the
Gazette:-
S.R. & 0. No. 34.-Proclaiming the dissolution of the Saint
Vincent Legislative Council on the 31st day of July, 1957.
By Command,
G. LISLE FRASER,
Acting Government Secretary.
30th July, 1957.
(A. 12/1949.)
No. 321.
HURRICANE NOTICE.
It is hereby notified for general information that in the event of a hurricane
threatening or approaching the Island, the following warnings will be given:-
CAUTIONARY
(1) A red flag with a black
rectangular centre will be
flown on Police Head-
quarters.
(2) Loud Speaker and Radio
Announcements.
(3) Three saluting guns will
be fired.
RURAL AREAS (1) A red flag with a black
rectangular centre will be
flown from Police Sta-
tions.
(2) Loud Speaker and Radio
Announcements.
16th July, 1957.
(W. 25/1949.)
x
&
:/1,-,5
TAKE COVER
(1) Two red flags with black
rectangular centres one
above the other will be
flown on Police Head-
quarters.
(2) Church Bells will ring
for 5 minutes.
(3) Cotton Ginnery whistle
will blow for 5 minutes.
(4) The Siren will blow for 5
minutes.
(1) Two red flags with black
rectangular centres will
be flown from Police Sta-
tions.
(2) Church Bells will ring
for 5 minutes.
KINGSTOWN
SAINT VINCENT, TU ESD.A 30 JULY, 1957.-(1 o. 37).
No. 351.
GENERAL ELECTIONS, 1957.
NOTICE TO PROSPECTIVE
CANDIDATES.
No. 353.
His Honour the Administrator has
been pleased to approve the appointment
of Mr. CARTLTON JACK as a Junior Road
Overseer, Public Works Department on
one (1) year's Probation, with effect
from 15th July, 1957.
The notice of prospective candidates 30th July, 1957.
is drawn to the following provisions of j (P.F. 882.)
the St. Vincent (Legislative Council)
Order in Council, 1951. No. 354.
Section 10 of the Order in Council With reference to Government Notice
provides that no person shall be qualified Ne. 324 of 23rd July, 1957, Mr. DENMr
to be appointed as a Nominated Member HADLEY has been appointed Deputy
or elected as an Elected Member of the Chairman of the Biabou District Hurri-
Council or, having been so appointed or cane Committee vice Mr. W. A. HADLEY,
elected, shall sit or vote in the Council, IC.B.E.
who at the time of appointment or elec- 30th July, 1957.
tion- I
(b) (i) in the case of a Nominated
Member, holds any public
office; or
(ii) in the case of an Elected
Member, holds, or is acting in,
any such office.
Section (1) of the Order in Council
defines "public office" as follows:-
"public office" means, subject to the
provisions of subsection (3) of this
section, (i.e. section 1) any office of
emolument in the public service or
any office of emolument under a
Municipal Corporation within Saint
Vincent.
Any person who intends to contest a
seat at the forthcoming general elec-
tions and who holds any "public office"
within the meaning of this term as
defined above should vacate such office
before nomination day.
It was declared by the Saint Vincent
(Legislative Council) (Public Offices)
Ordinance, 1952 (No. 14 of 1952) made
in pursuance of the provisions of sub-
section (3) of section 1 of the Order in
Council-that the offices of Chairman
and Member of the Kingstown Board
shall not be public offices for all or any
of the purposes of the Order in Council.
Members of other Municipal Corpora-
tions who are in receipt of payments (by
whatever name called) from such Cor-
porations would appear to be affected
by the above provisions.
30th July, 1957.
No. 352.
APPOINTMENTS.
His Ecellency the Governor has been
pleased to, approve the appointment of
Mr. C.' L. DkeFREITAS, D.I.C.T.A., as an
Agricultural Officer, Extension Services,
St. Vificent, with effect from 1st January,
1957. .......
30th July, 1957.
(P.F.r.604.)
(W. 25/1949 II.)
No. 355.
JUSTICES OF THE PEACE.
The following persons have been ap-
pointed Justices of the Peace of the
Colony:-
GEORGE A. DYER, Esq.
VIVIAN THEODORE YOUNG, Esq.
30th July, 1957.
(J. 8/1948 II.)
No. 356.
WHITLEY COUNCIL.
The undermentioned personnel have
been appointed to serve on the Whitley
Council for the Civil Service of St.
Vincent for the year commencing 1st
April, 1957:-
OFFICIAL SIDE:
The Honourable Crown Attorney-
Chairman,
The Honourable Financial Secretary,
The Labour Commissioner.
0. E. LEIGERTWOOD, Esq.-Secretary.
STAFF SIDE:
J. L. EUSTACE, Esq.,
F. E. WILLIAMS. Esq., A.C.I.S.,
S. E. McKIE, Esq.
M. V. WILLIAMS, Esq.-Secretary.
30th July, 1957.
(A. 40/1948.)
No. 357.
CONFIRMATION OF APPOINTMENT.
With reference to Government Notice
No. 297 of 17th July, 1956, the undermen-
tioned persons have been confirmed as
Junior Agricultural Instructors with
effect from 1st July, 1957.
Mr. HAROLD E. MORRIS.
Mr. F. ASHTON.
30th July, 1957.
(P.Fs. 826 & 827.)
SlANT VINCENT, TUESDAY, 30 JULY, 1957.-(No. 37).
No. 358.
RESUMPTION.
With reference to Government Notice
No. 491 of 20th November, 1956, Miss
J. M. BUCHAN, Headmistress, Girls' High
School, resumed duties with effect from
9th July, 1957.
30th July, 1957.
(P.F. 559.)
No. 359.
RESIGNATION.
Miss ENA ISAACS, Class III Clerk, Labour
Department, with effect from 19th July,
1957.
30th July, 1957.
(P.F. 777.)
No. 360.
BANK HOLIDAY.
Monday the 5th August, 1957, being a
Bank Holiday, under the Bank Holidays
Ordinance, all Public Offices will be
closed on that day.
30th July, 1957.
No. 361.
DEVELOPMENT AND WELFARE OR-
GANISATION -REPORT BY COMP-
TROLLER FOR THE YEARS
1955 AND 1956.
It is notified for general information
that a limited number of copies of the
above Report are available for sale to
the Public at Government Office at a
price of 90 cents per copy.
30th July, 1957.
(D.W. 7/1943.)
No. 347.
VACANT POSTS.
ESTIMATOR/DRAUGHTSMAN PUBLIC WORKS
DEPARTMENT, DOMINICA.
Applications are invited from suitably
qualified candidates for appointment on
contract to the post of Estimator/
Draughtsman, Public Works Depart-
ment, Dominica.
The post which is non-pensionable is
financed under C.D. & W. Scheme D. 2607
and carries a salary of $3,360 per annum
plus a pay addition of 20% of salary.
Appointment will be on contract for a
period of two years in the first instance.
Quarters are not provided.
Free passages will be provided on first
appointment and on satisfactory com-
pletion of his period of service from and
to the place of recruitment respectively,
for the officer and family not exceeding
five persons in all (children to be under
18 years of age, unmarried and depen-
dent on the officer).
Applicants should have experience in
architectural and engineering drafts-
manship in the Drawing Office of a
Public Works Department or of a reput-
able firm of contractors for building and
engineering works. Experience in the
taking out of quantities and in estimat-
ing would be an advantage.
Travelling and subsistence allowances
are payable in accordance with local
regulations in respect of approved travel
on duty.
Vacation leave will be granted at the
rate of one week for each completed
period of three months resident service,
such leave will be granted on the satis-
factory termination of the contract.
Applications containing full particu-
lars of the applicant's qualifications and
experience, and accompanied by two
testimonials should be addressed to the
Administrator, Dominica and should
reach him not later than the 15th
August, 1957. Applicants already in the
Public Service must submit their appli-
caticns through the normal channels.
30th July, 1957.
No. 362.
AGRICULTURAL OFFICER
(EXTENSION) DEPARTMENT OF
AGRICULTURE, ST. VINCENT.
Applications are invited from suitably
qualified candidates for appointment to
the post of Agricultural Officer (Exten-
sion), Department of Agriculture, St.
Vincent, particulars of which are as fol-
lows:-
Appointment:
The post is pensionable, but the
appointment will be on a contractual
basis or on secondment, for a period
of 2 years in the first instance. The
pension rights of any pensionable
seconded officer will be preserved.
Duties:
The duties of the officer will be those
assigned to him by the Superintendent
of Agriculture to whom he will be
directly responsible. Such duties will
include the direction of Agricultural
Extension and Soil Conservation pro-
grammes, as well as general work of
an administrative nature.
Qualifications:
The minimum qualification required
is the Diploma of the Imperial College
of Tropical Agriculture or an equiva-
lent degree, with experience in Tropi-
cal Agriculture, General Administra-
tive experience and knowledge of ex-
tension work would be advantageous.
Salary: .
-The salary is In the scale $3,360-
x $120-$4,320, plus a'pay addition of
20% of salary.
SAINT VINCENT, TUESDAY, 30 JULY, 1957.-(No. 37.
Allowances:
Travelling and Subsistence Allow-
ances are payable in accordance with
local regulations, in respect of ap-
proved travel on duty.
Quarters:
Quarters are not provided.
Passages:
Free passages to St. Vincent will be
provided on first appointment for the
officer, his wife and children, not ex-
ceeding five persons in all; children
to be under 18 years of age, unmarried
and dependent on the officer. In the
case of a contract appointment or ap-
pointment on secondment free pas-
sages will be provided on the satisfac-
tory termination of the contract or
secondment.
Leave and Leave Passages:
Vacation leave on full salary will be
granted in accordance with local leave
regulations. In the case of a contract
Agriculture, in his capacity as Chief
Forest Officer, for the performance of his
duties.
The duties of the post entail the
patrolling and policing of all Crown
Lands in Bequia, assistance in the sale
of forest produce, supervision of silvi-
cultural work and most important of all
the control and close supervision of all
Crown Land renters.
Applications stating educational and
other qualifications should be addressed
to the Superintendent of Agriculture,
Kingstown, and should reach him not
later than 10th August, 1957.
30th July, 1957.
No. 364.
ENGINEERING ASSISTANT, PUBLIC
WORKS DEPARTMENT,
GRENADA, B.WJ.
appointment, vacation leave will be Applications are invited from suitably
granted at the rate of one week for qualified persons for appointment to the
each completed period of three months post of Engineering Assistant, Public
resident service. Such leave to be Works Department, Grenada, B.W.I.
taken on the satisfactory termination Appointment: The post, which is
of the contract. permanent and pensionable, carries a
Leave passages are provided in salary scale of $2,880 x $120-$3,840 per
accordance with the Windward Islands annum, together with a pensionable pay
Leave Passage Regulations. addition of 20 per cent at all stages of
Medical Attention: salary. The point of entry into the scale
will be determined according to the
cines are not providedntion and medi- candidate's qualification and experience.
Taxation: Qualifications: Applications from qual-
All Government officials are liable ified civil or structural engineers will be
to taxation imposed by local enact- given priority, but other applicants
ments. must produce evidence to show that
General: they have the basic knowledge and ex-
en o perience to carry out satisfactorily the
The officer will be subject to the duties which they may be called upon
Colonial Regulations, local General to perform.
Orders, and Financial and Store Rules D
and Subsidiary legislation in force for Duties: The successful applicant will
the time being. be expected to design structures in steel,
Applications giving full particulars of reinforced concrete and timber, and
applicant, and accompanied by two ts prepare working drawings of such struc-
timonials should be addressed to the tures. His duties will include the pre-
Chief Secretary, Windward Islands, paration of all kinds of civil engineering
Grenada, and should reach him not later works being carried out by contract or
than 15th August, 1957. by direct labour. He will be expected to
exercise rigid financial control over
30th July, 1957. such projects. He will also be required
to perform such other duties as may be
No. 363. assigned to him by the Superintendent
CROWN RANGER, BEQUIA. of Public Works.
Quarters: Quarters are not provided.
Applications are invited for the vacant Passages: Free first class passages to
post of Crown Ranger, Bequia. Grenada will be provided for the Officer,
The salary of the post is $480 x $24- his wife and children not exceeding five
$576 per annum plus a 20% cost of living persons in all; children should be under
allowance. 18 years of age, unmarried and depen-
The post is non pensionable and the dent on the officer.
appointment is liable to termination by Leave and Leave Passages: Vacation
one month's notice in writing on either leave on full salary will be granted at
side. the rate of 45 days per annum, and may
The successful candidate will be be accumulated up to a maximum period
attached to the Forestry Division of the of 180 days.
Department of Agriculture and will be Leave passages will be provided In
responsible to the Superintendent of accordance with local regulations.
SAINT VINCENT, TUESI)AY, 30 JULY, 1957.-(No. 37).
Medical Attention: Free medical at-
tention and medicines are not provided.
Taxation: All Government Officers are
liable to taxation imposed by local legis-
lation.
Applications giving full particulars of
name, age qualifications and experience
accompanied by at least two testimonials
and a Certificate of Medical fitness
should be submitted to the Secretary,
Public Service Commission, Government
Office, St. George's Grenada, B.W.I., not
later than 31st August, 1957.
30th July, 1957.
No. 365
DEPARTMENTAL AND
OTHER NOTICES.
SAINT VINCENT CIVIL SERVICE
ASSOCIATION.
It is hereby noticed to all members
that a Scholarship to one of the Secon-
dary Schools will be offered as from the
beginning of the 1958 school year.
The award will be made to the child
of a financial member in accordance
with the rules as approved by the Gov-
erning Body.
The examination for the award will
be held at the same sitting as that ar-
rangred hv the Eduinntinon Denartment
STAFF NURSES, HEALTH for award of Government Scholarships.
DEPARTMENT (TUBERCULOSIS This is scheduled to take place on Fri-
DIVISION), TRINIDAD AND day, 4th October, 1957, at the Richmond
TOBAGO. Hill Government School, at 9.00 a.m.
A .pp t i. Application for entry to the examina-
Applications are invited for appoint- tion must be submitted not later than
ment as Staff Nurses in the Tuberculosis the 31st August, 1957, to the Assitant
Division of the Health Department, Secretary, Miss Pearlina Guy, c/o The
Trinidad and Tobago. Ministry Building, Kingstown.
2. Appointment is subject to medical The prescribed forms along with
fitness, on agreement for two years in the copies of the relevant rules may be ob-
first instance with salary in the scale trained from the Assistant Secretary.
$900 x $60-$1,200 x $120-$1,560 per an- C. W. ITON,
num, plus cost of living allowance, with Hon. Secretary.
effect from the date of assumption of 27th July, 1957.
duty. A commencing salary above the
minimum of the scale may be paid on
the basis of one increment for each year LAYOU TOWN BOARD.
of approved post graduate experience
with retrospective effect from the date BYE ELECTION.
of assumption of duty after six (6)
months' satisfactory service. Notice is hereby given that in accord-
3. Hostel accommodation, including ance with Section 25 of the Local Gov-
free meals, free uniforms, and free ernment Ordinance, No. 17 of 1951 the
laundering of uniforms is provided. Clerk will be in attendance at the
Vacation leave, sick leave and local I Warden's Office on Tuesday, 6th August,
leave will also be granted in accordance 1957, from 10 a.m. to 2 p.m. to receive
with the provisions of the local Civil nominations to fill the seat of an elected
Service Leave Regulations. member of the Layou Town Board caused
4. Candidates must be in possession by the resignation of Mr. JOSEPH CYRUS.
of a Certificate in General Nursing or an Should a Poll be required, it will be
equivalent or superior certificate, and taken at the Warden's Office on Monday,
should be between 23 and 40 years of 19th August, 1957, from 9 a.m. to 12
age. Preference will be given to candi- noon, and from 1 p.m. to 5.30 p.m.
dates with experience in tuberculosis JOSEPH CYRUS,
work. Cleric and Returning Officer.
5. Passage to Trinidad and return 25th July, 1957.
passage to place of recruitment for the
officer only, will be paid by the Trinidad SAINT VINCENT CO-OPERATIVE
Government. ARROWROOT ASSOCIATION.
6. Applications should be addressed
to the Director of Medical Services and Notice is hereby given that a General
should reach him not later than the Meeting of the Saint Vincent Co-opera-
31st of August, 1957. Copies and not tive Arrowroot Association will be held
originals of testimonials or Certificates at the Memorial Hall, at 10.00 a.m. on
should be submitted. Friday, 30th August, 1957, for the purpose
of electing fifteen Delegates who will in
By Command, turn elect six Members to serve on the
Arrowroot Board for the Arrowroot Year
G. LISLE FRASER, commencing 1st October, next.
Acting Government Secretary. T .3 A'OZ__ TOAA ,C
S.V B ll.ABER. ISAmA.CS
GOVERNMENr OFIvCE,
30th July, 1957.
General Manager/Secretary.
27th July, 1957.
262 S.Al 1' VINCE !', TUESDAY, 30 JULY, 1957.-(No. 37).
STATEMENT OF CURRENCY NOTES AND BRITISH CARIBBEAN COIN
CIRCULATION IN THE BRITISH CARIBBEAN TERRITORIES
(EASTERN GROUP) ON JULY 1ST, 1957.
Average circulation during May, 1957.
British Caribbean Currency Notes .....
Demonetized Govt. notes outstanding
Totals
British Caribbean Notes and Coins in
circulation on July 1st, 1957.
Trinidad and Tobago
Barbados
British Guiana
Grenada ......
St. Vincent .....
St. Lucia
Dominica
Antigua
St. Kitts
Montserrat ......
"Proof Sets" of Coins
Notes
$ e
62,595,839.00
1,112,993.00
$63,708,832.00
...... 29,243,168.00
7,159,625.00
... 16.431,239.00
- 2,670,100.00
- 509,400.00
.. 1.034,000.00
. 1.422,400.00
_- 2,385,300.00
1,589,500.00
_ _- 367,705.00
Total British Caribbean Notes & Coins
in circulation on July 1st, 1957.
Demonetized Govt. Notes outstanding on
July 1st, 1957.
Trinidad and Tobago --
British Guiana -
Barbados ...... .... -
Total Govt. Notes outstanding on July
1st, 1957 -
Total circulation on July 1st, 1957 .
$62,812,437.00 $3,183,095.00
753,114.00
267,133.00
71,408.00
$ 1,091,655.00
$63,904,092.00 $3,183,095.00
L. SPENCE,
Executive Commissioner,
British Caribbean Currency Board.
British Caribbean Currency Board,
Treasury Buildings,
Port of Spain,
Trinidad.
19th July, 1957.
EDUCATION DEPARTMENT.
CARIBBEAN TRAINING PROGRAMME
IN PUERTO RICO 1957-1958.
Applications are invited for the follow-
ing Courses offered by the International
Co-operation Administration In associa-
tion with the Government of the Com-
monwealth of Puerto Rico, to be held in
Puerto Rico commencing in October,
1957.
Applications are to be sent to the Edu-
cation Officer, Department of Education,
and must reach him on or before Wed-
nesday, 31st July, 1957.
Applicants must state age, education,
experience, if any in the trade in which
training is required, and present occu-
pation. Applicants should not be below
the age of 17 years.
Courses are offered in:-
(1) Automechanics.
(2) Construction Drafting.
(3) Electricity.
(4) Printing and Linotype.
(5) General Woodwork.
(6) Home Economics.
(7) Co-operatives.
Further information can be obtained
from the Education Department.
J. J. ANTROBUS,
Acting Education Of7oer.
Department of Education,
St. Vincent,
15th July, 1957.
Coins
$ 4
3,099,756.00
3,099,756.00
1,355,225.00
481.950.00
643,800.00
140,150.00
90,500.00
122,150.00
94.150.00
114,000.00
117,650.00
21,650.00
1,870.00
SAINT VINCENT, TUESDAY, 30 JULY, 1957.-(No. 37.) 26.
CONTROL NOTICE
IN THE WINDWARD ISLANDS AND
-LEEWARD ISLANDS COURT
RETURN OF STOCKS. OF APPEAL
With reference to the Prices Control ON APPEAL FROM
Order, S.R. & 0. No. 25, 1947, all traders THE SUPREME COURT OF THE
are hereby notified that until further WINDWARD ISLANDS AND
notice, the return of stocks usually sub- LEEWARD ISLANDS
mitted monthly to the Controller of Sup- SAINT VINCENT CIRCUIT
plies by 12 o'clock noon on the 2nd day (CRIMINAL JURISDICTION).
of each month must now be submitted
bi-monthly, namely by 12 o'clock noon on BETWEEN:-
the 2nd and on the 17th day of each EBENEZER THEODORE JOSHUA,
month, the return to contain stocks of Appellant,
the articles in Part B of the First Sche-
dule held by them on the 1st day and
on the 15th day of each month respec- REGINA,
tively. Respondent.
This measure is being taken as an Before:-
emergency during the Hurricane Season.
WILLS, LEWIS and TAYLOR, J.J.
Dated this 1st day of July, 1957.
F. E. WILLIAMS, JUDGMENT.
Acting Controller of Supplies. The appellant was charged on an
indictment containing 4 counts under
section 8 of the Sedition and Undesirable
SALE OF CITRUS PLANTS-CAMDEN Publications Ordinance, 1939, as re-
PARK EXPERIMENT STATION pealed and replaced by section 2 of the
AND BOTANIC GARDENS. Sedition and Undesirable Publications
Ordinance, 1941.
It is hereby notified for general infor- On the first and third counts the ap-
mation that citrus plants of the follow- pellant was acquited but was convicted
Ing varieties are available for sale from on the second and fourth counts.
the Camden Park and Botanic Gardens At the hearing counsel for the appel-
Nurseries at a price of 400 per plant. plant abandoned the first three of his
ORANGES: four grounds of appeal and elected to
Valencia ...... 235 plants. argue the appeal on the fourth ground
Parson Brown ...... 134 plants. which reads "that the verdict of the jury
Lue Gim Gong ......63 plants. was unreasonable as regards counts two
Jaffa 58 plants and four and the facts of the case".
Washington Navel 30 plants. Counsel urged that the prosecution
Pineapple ...... 39 pIants. had established a prima facie case of
Mixed .....26 plants. possession in the appellant and in view
xed plantsof the explanation given by the appel-
TANGERINES ...... 41 plants. lant the jury ought to have acquitted the
GRAPEFRUIT ...... 39 plants. appellant. Assuming that this submis-
Orders should be made direct to the sion is correct then the question was one
Superintendent of Agriculture. Trans- for the jury to decide. The jury, how-
portation of plants is not provided, ever, having heard the explanation of
Payment for plants must be made the appellant and the evidence of his
prior to delivery, witness nevertheless by their verdict
indicated that they had rejected the
C. L. DeFREITAS, appellant's explanation.
Acting Superintendent It was further urged by counsel for
of Agriculture. the appellant that the trial Judge had
12th July, 1957. left too wide a question to be determined
by the jury when he said in his sum-
-ming-up "it will be for you to ask your-
selves whether a person who is resident
POST OFFICE NOTICE. in one place could not have another
home in another place. It is a matter
for you to say which of the two stories
REMOVAL OF DISTRICT POST OFFICE. you will accept". This criticism of the
Judge's summing-up was unwarranted
The District Post Office at Edinboro in-as-much-as it was contended by the
has been removed to the home of Mr. prosecution that the appellant lived on
EBCNEZRM DUNCAN, on the upper Edinboro the premises at Caratal where the pro
Road, as from Monday, 15th July, 1957, hibited literature was found and the
and until further notice. appellant himself claimed that he lived
P. D. O'N. CRICHTON, at McKie's Hill and only visited the pre-
Colonfal Postmaster. mises in question in connection with his
12th July, 1957. duties as President of a trade union.
SAINT VINCEN 1, TUESDAY, 30 JULY, 1957.-(No. 37.)
The Court, however, was not satisfied to satisfy the Court that the prosecu-
that the prosecution had discharged the tion had adduced any evidence to show
onus which lay on it of proving posses- this knowledge on the appellant's part.
sion in the appellant of the several The evidence established that the pro-
prohibited publications mentioned in hibited literature was found not in the
the second and fourth counts of the bedroom occupied by the appellant and
indictment, his wife but in a part of the premises to
The evidence adduced by the prose- which anyone who attended a meeting
cution established that the appellant of the trade union had access. This
was a tenant of certain premises at part of the premises was not in the
Caratal which he rented from one exclusive possession and control of the
Mildred Marks. In these premises an appellant. Had the jury been properly
organisation known as the Federated directed as regards the essentials of
Industrial and Agricultural Workers' possession in law, namely the mental
Union of which the appellant is Presi- and physical elements, this Court is not
dent held its meetings and members of in a position to say what effect such
the trade union and other persons had direction might have had on the minds
access thereto. of the jury.
On the morning of 12th May, 1956, Section 8 (2) of the Sedition and
when the Chief of Police and other Undesirable Publications Ordinance
police officers executed a search war- No. 20 of 1939 as repealed and replaced
rant at the premises 3 men were seen by Ordinance No. 17 of 1941 reads "Any
entering through one door of the pre- person who without lawful excuse has
mises as the police were entering the in his possession any prohibited publica-
premises through another door. The tion, or any extract therefrom, shall be
appellant and his wife were found by guilty of an offence...".
the police on the premises dressed in At the tiial the appellant made an
their pyjamas in or by a room des- unsworn statement in which he denied
cribed as a bedroom. In the course of possession of the prohibited literature
their search the police officers found and give an explanation as to his
copies of certain prohibited publications presence on the premises at Caratal on
in the second right-hand drawer of an the day in question.
unlocked desk, on the desk itself and in The trial Judge did not direct the jury
a bookcase on the northern side of a as to the full meaning and import of the
room. The desk and the bookcase were words "without lawful excuse" men-
both situated in that part of the room in tioned in the section. The proper direc-
which the meetings of the trade union tion in a case of this sort is laid down in
were held and there were trade union Carr-Briant 29 Cr. App. R. 76-87: "In
pictures on the wall. ,any case where, either by statute or at
The question is:-was the appellant in common law, some matter is presumed
exclusive possession and control of the against an accused person 'unless the
meeting hall and the articles therein?, contrary is proved', the jury should be
The trial Judge in his directions to the directed that it is for them to decide
jury in connection with this issue said whether the contrary is proved; that the
"they (meaning the prosecution) ask I burden of proof required is less than
you to say that that place was his that required at the hands of the prose-
(meaning the accused) the articles caution in proving the case beyond a
found there were in his possession as reasonable doubt; and that the burden
head of the house". This was the only may be discharged by evidence satisfy-
reference made by the trial Judge to the: ing the jury of the probability of that
question of possession in his summing- which the accused is called upon to
up. establish."
In the opinion of the Court this direc- The appeal is accordingly allowed
tion was inadequate as the trial Judge and the conviction quashed.
ought to have directed the jury to the
essential elements of possession as re- J. LITTLETON WILLS,
quired by law. Puisne Judge.
It was clear from the evidence that the' P. CECIL LEWIS,
appellant at no time admitted any know- Puisne Judge.
ledge of the existence on the premises G. L. TAYLOR,
of the prohibited publications, and Puisne Judge.
counsel for the respondent was unable 22nd July, 1957.
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1. 03
SAINT VINCENT.
STATUTORY RULES AND ORDERS,
1957, No. 34. S -
(Gazetted 30th July, 1957.)
By His Excellency HENRY LAURENCE LINDO, Companion of the Most Dis-
tinguished Order of Saint Michael a~d Saint George, Acting Governor
and Commander-in-Chief of the Windward Islands comprising the Islands
of Grenada, Saint Vincent, St. Lucia and Dominica and their Dependencies.
[L.S.1
H. LINDO,
Acting Governor.
A PROCLAMATION.
WHEREAS by section 30 of the St. Vincent (Legislative Council) Order in
Council, 1951, the Governor may at any time, by Proclamation, dissolve the
Legislative Council:
AND WHEREAS it is deemed expedient to dissolve the existing Legislative
Council on the 31st day of July, One thousand nine hundred and fifty-seven:
Now THEREFORE I, by virtue of the powers conferred upon me, do hereby pro-
claim that the existing Legislative Council shall be and the same is hereby
dissolved on the 31st day of July, One thousand nine hundred and fifty-seven.
GIVEN under my hand at Government House in the Colony of Saint Vincent
this 30th day of July, One thousand nine hundred and fifty-seven and in
the Sixth Year of the reign of Her Majesty QUEEN ELIZABETH THE
SECOND.
By His Excellency's Command,
A. F. GILES,
Administrator.
(A 12/1949.)
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[Price 4 cents.]
^3. r^1957.
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