|
SAINT VINCENT
GOVERNMENT GAZETTE
S ublislTrb hUa Autljorit9.
VoL. 100.] SAINT VINCENT, TUESDAY, 15 AUGUST, 1967. [No.. 50.
GOVERNMENT
NOTICES.
No. 161.
LEGISLATIVE COUNCIL.
It is notified for general information that the Statutory meeting of the
Legislative Council wluieh was to have taken place on 3rd August, 1967 has
now been fixed for Thursday, 17th A ugust, 1967 at 10.00 a.m.
The Order Paper for this meeting is published with this issue of the
Gazette.
A cordial invitation is extended to the General Public.
Clerk of the Legislative Council.
15th August, 1967.
No. 162.
ASSIGNMENT OF JUDGES CF THE HIGH COURT.
It has been notified for general information that in accordance with sec-
tion 16 of the West Indies Associated States Supreme Court Order 1967, the
Chief Justice has assigned the undermentioned Puisne Judges of the High
Court as follows:
Name of Judge
State to which assigned
Effective Date 1967
ST.. BERNARD, J.
LouisY, J.
BisuOP, J.
GLASGOW, J.
PETERKIN, J.
BERRIDGE, J. (acting)
15th August, 1967.
(1662)
1: : /
Grenada
Antigua
St. Lucia
St. Kitts
St. Vincent
Dominica
August
September
April 24
May 28
August
September..
/ '
292 SAINT. VINCENT, TUESDAY, 15 AUGUST, 1967.-(No. 50).
No. 163. .
GRANT OF LICENCE.
It is hereby notified that a licence has
been granted to Mr. LEONARD W. SANDY
under the Land Surveyors Ordinance,
1947, (No. 41 of 1947) to practise as a
Surveyor within the Territory..
15th August, 1967.
(T.P. 823).
No. 164.
LEGISLATION.
The following Documents are pub-
lished with this issue of the Gazette:-
S.R. & 0. No. 26.-The Legislative
Council (Election Petitions) Rules,
1967.
S.R. & 0. No. 27.-The West Indies
Associated States Supreme Court
(Prescribed Offices) Order.
15th August, 1967.
No. 145.
VACANT POSTS.
VACANT POSTS OF LAND SURVEYORS,
MINISTRY FOR TRADE & PRODUCTION
Lands and Surveys Department, Gov-
ernment of St. Vincent
Applications are invited for the ap-
pointment to two vacant posts of Sur-
veyor, Lands and Surveys Department,
St. Vincent, West Indies.
Surveyors, preferably not over forty
(40) years of age are required to under-
take surveying for cadastral purposes,
also surveying of a topographical and
engineering nature. Qualifications are
either Intermediate R.I.C.S. (Land Sur-
veying) or exemption therefrom; or a
licence to practice as a Surveyor in
Trinidad, Jamaica, Guyana, The Wind-
ward or Leeward Islands.
Salary according to qualifications and
experience in the scale:-
(a) $4,884 X $180-$5,064 X $240
-$6,240/$6,480 X $240-$7,440
(b) To pass the bar in the scale ap-
plicants must have the A.R.I.C..S.
Appointment: On Contract for one
tour of three years, the other to the
permanent pensionable establishment.
Applications giving full name, age,
and particulars of qualifications and
experience should be sent to the Estab-
lishment Officer, Government Office,
Kingstown, to reach him not later than
the 30th August, 1967..
1st August, 1967.
No.. 165.
POST OF BAILIFF, MAGISTRATE'S
OFFICE.
Applications are invited for the
post of Bailiff, Magistrate's Office,
St. Vincent. The post is pensionable,
with salary in the scale $1,392/1,536 x
S4-$1,872 x 96-$2,640. Travelling
allowance is payable in accordance
with local regulations.
Further particulars of the post can
be obtained from the Magistrate, Dis-
trict 1, Magistrate's Office, St. Vincent.
Applications, supported by two re-
cent testimonials should be addressed
to the Establishment Officer, Establish-
ment Division, Kingstown and should
reach him not later than 31st August,
1967.
By Command,
0. E. LEIGERTWOOD,
Establishment Officer.
GOVERNMENT OFFICE,
15th August, 1967.
DEPARTMENTAL AND
OTHER NOTICES.
EDUCATION NOTICE.
EVENING CLASSES
TECHNICAL WING
Term III 1966/67.
Adult classes in Technical Drawing,
Building Construction and Electricity
will start (n Tuesday, 12th September,
1967 at 6 p.m.
Paying-in-Slips will be available
from the Clerk Grammar School be-
tween the hours of 8.30 a.m. and noon
each day. Treasury receipts for fees
paid must be shown to tutors on the
first night.
Fee: $3.00 per term for one class
$2.00 per term for each ad-
ditional class.
Post Primary Classes in English,
Mathematics, Drafting and "Related
Information" will begin on Monday,
11th September, at 4.30 p.m.
THEODORE V. KEANE,
Education Officer.
15th August, 1967.
SAINT VINCENT, TUESDAY, 15 AUGUST, 1967.-(No. 50). 293
POLICE NOTICES.
THE PUBLIC IS HEREBY NOTIFIED that the undermentioned un-
claimed property are in possession of the Police.
Persons who have lost property answering the description of those listed,
are invited to attend the C.I.D. Office, Central Police Station and identify
the missing article.
After a period of one month the articles that have not been identified
and claimed will be sold by Public Auction.
Article
One brown gents' wallet
One blue gents' sunshade
One wood-cutter saw
One silver hub-cap
One kitchen knife
One pair of gents' sunshade
One bottle Vermouth, one bottle
Brandy, one bottle Sherry, one
bottle Liqueur
One key holder and 16
One grey ladies purse with $12.92
One grey fountain pen
One red ladies purse with $1.77
Two dollars ($2.00)
One dollar ($1.00)
Five dollars ($5.00)
One dollar ($1.00)
One blue ladies purse with 40
One key holder with 14 keys
One key ring with 9 keys
One key holder with 5 keys
-One wallet with $1.06
One female Wingard wrist-watch
.One pair green gents' shades
One ladies purse containing one key,
one yellow comb, one coloured lead,
one bottle perfume and $1.65
One key holder with 5 keys
One ladies brooch
One key holder with 3 keys
One leather case with 5 keys
One dollar ($1.00)
One multi-coloured ladies purse con-
taining $35.00 E.C.C. and one pound
One black ladies wallet containing
6-, one white handkerchief, one
receipt
One cardboard box containing 82
drinking glasses
Four keys and one Master lock
One black Kodak camera in a brown
canvas case
-One key holder with 5 keys
One brown Philips transistor radio
and one bottle of honey
One Long Service Medal
One Philips transistor radio
One pair of gents' shades
One pocket portable transistor radio
One pair dark spectacles
One M/V tyre fitted with rim and tube
One ladies' purse containing 1 powder
puff and I small comb
One grey ladies' purse containing 1
small red comb, 110 and 2 ten cent
stamps (St. Vincent)
200 lbs. dry nutmegs
One gents' wrist watch
One female frame bicycle
Place Fouand
Calliaqua
Calliaqua
Sion Hill
Kingstown]
Bay Street, Kingstown
Kingstown
McKies Hill
Kingstown
Market Square, Kingstown
Murray's Road
Kingstown
Kingstown
Ministries
Kingstown
Bay Street, Kingstown
Kingstown
Kingstown
Kingstown
Kingstown
Kingstown'
Kingstown
King stown
Kilurstown
King'stown
Kingstown
Kin town
Kindstown
Kingstown
Outside Barclays Bank.
Kingstown
Kingstown
Kinistown
Kingstown
KinLstown
Kin gstown
Kingstown
Kingstown
Kin'.
Kingstown
-outh Rivers
Biabou Methodist School
Bridgetown
Mesopotamia
Mesopotamia (Commun
Hall)
Perseverance
Junction
Stubbs
S. A. ANI
Ch
Date
10.10.66
24. 4.64
10. 1..66
22. 9.66
21.. 7.67
26. 9.66
12. 4.66
15.12..66
15.12..66
24. 1.66
26. 9.66
12.12.66
4. 1.67
4. 1.67
26. 1.67
24. 2.67
3. 5.67
1.. 6.67
26. 5.67
15. 6.67
27. 6..67
27. 6..67
11. 7.67
9. 6.65
17.. 3.67
19. 6.67
19. 4.66
19.. 4.65
13.12.66
24. 2.67
ity
30. 3..67
6. 8.66
8.11.64
30.. 9.66
)ERSON,
tief of Police.
294 SAINT VINCENT, TUESDAY, 15 AUGUST, 1967.-(No. 50).
Rrq(ulations made by the CKief of
Police under section 79 (1) of the
Moior Vehicle & Road Traffic Ordin-
ance No. 20 of 1940.
It is hereby notified for general in-
formation that due to repairs being
carried out on HIillsboro Street, be-
tween Bay Street and Back Street, the
undermentioned portion of that road
will be closed to vehicular traffic in
the first instance with effect from 10th
August, 1967, until further notice.
"That portion of Hillsboro Street
(West) between Middle Street
and Back Street"
Vehicles travelling from Back Street
to Bay Street will do so by way of Bed-
ford Street.
PARKING
Vehicles (Taxis) which park on the
abovementioned portion of road will
now park on the Western side of Hills-
boro Street, between Middle Street and
Bay Strieet,. ( Leeward Bus Stand).
BuTses from Leeward will park on the
open ian is f'orlmerl occupied by
Geest Ind"stIries on Lower Bay Street.
S. A. ANDERSON,
Chief of Police.
Regulations made by the Chief of
Police under Section 79 (1) of the
Motor Vehicles & Road Traffic Ordin-
ance No. 20 of 1940.
It is hereby notified for general in-
formation that due to repairs being
carried out on Back Street the follow-
ing Roads will be closed to vehicular
traffic with effect 28th July, 1967.
THAT PORTION OF BACK
STREET BETWEEN THE UN-
NAMED STREET NEAR MR.
CONNEL'S RESIDENCE AND
BENTINCK SQUARE ROAD.
(OLD EMMANUEL HIGH
SCHOOL)..
Vehicles proceeding along Back Street
from East to West will turn left into
the unnamed street, to Bay Street pro-
ceed Westerly along Bay Street turn
right into Queen Street towards Back
Street.
Vehicles from Montrose and Leeward
will proceed along Giles Street (Stony
Grounds), North River Road, Fernside
and Paul's Avenue Road towards Back
Street until further notice.
S. A. ANDERSON,
Chief of Police
Licensing Authority.
27th July, 1967.
iAINT VINCENT
IN THE SECOND MAGISTERIAL
DISTRICT (MESOPOTAMIA)
(CIVIL JURISDICTION)
Between:
CARRIER CO-OPERATIVE
CREDIT UNION LTD..
and
WILFRED PARRIS of
Carrie(re
-Plaintiff
-Defendant
It is hereby notified for general in-
formation that the undermentioned
chattel, the property of the above-
named defendant, and levied upon by
virtue of a Writ of Seizure and Sale
under Section 51 (4) of the Co-Opera-
tive Societies Ordinance, 1963, will be
put up for Sale by Public Auction at
the Court House, Kingstown, on Satur-
day, 26th August, 1967, at 1.30 in the
afternoon.
That is to say:-
1 Wooden House covered with Gal-
vanized Iron Sheets.
Dated this 3rd day of August, 1967.
L. A. D. WILLIAMS,
Magistrate District II.
Magistrate's Chambers,
Kingstown,
St. Vincent.
PRESS RELEASE
According to a release from the Agri-
:,ulture Department plants such as
oranges, ortaniques, grapefruit, limes,
tangerines, mangoes, avocado pears,
cocoa, nutmegs, blackpepper, passion
fruit will be sold to the public at 10c.
per plant.
The price for ornamental plants will
remain the same.
25th July, 1967.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 30 cents. ]
69
SAINT VINCENT
STATUTORY RULES AND ORDERS,
1967, No. 26.
LEGISLATIVE COUNCIL (ELECTION PETITIONS) RULES.
(Gazetted 15th August, 1967).
In Exercise of the powers conferred upon me by section 74 of the Legisla-
tive Council Elections Ordinance, 1951 (No. 13 of 1951) and all other powers
enabling me in that behalf these Rules are hereby made this Second day of
August, 1967.
1. These Rules may be cited as the Legislative Council Short title.
(Election Petitions) Rules, 1967.
2. In these Rules, unless the context otherwise requires, Definitions.
the following expressions shall have the meanings assigned to
them:-
"corrupt practice" means bribery, treating, undue in-
fluence, personation or any other offence defined or recognized
as a corrupt practice by the law of this Colony;
"Court of Appeal" and "High Court" mean respectively
the Court of Appeal and the High Court of the West Indies
Associated States Supreme Court established by the West
Indies Associated States Supreme Court Order 1967;
"Judge" means a judge of the High Court and includes
an acting judge;
"election petition" or "petition" means an election petition
or petition complaining of an undue return or undue election
of a member. e Q Legislative Council presented to the High
Court i sions of the Ordinance and of these
Olance" mel e legislative Council Elections
Or da 951; Ng
O Otitioer"' means son who presents a petition to the
Hi C urt umler these s;
'R istrar" ss egistrar of the High Court in the
Sain m V' ent Circuit' ,
"6 on ~a person against whom a petition is
present th Hi court;
"returning o cer" means the returning officer for the
electoral district to which the petition relates;
"writ" means the writ for an election issued by the
V Governor for the election of a member to the Legislative Council.
S.I. 1967/223.
No. 13 of 1951.
THE PETITION.
The Petition.
(Form (1)).
3. (1) A petition shall be in writing and signed by the
petitioner or by all the petitioners if more than one.
(2) A petition shall state the right of the petitioner to
petition within section 73 of the Ordinance.
(3) The petition shall state the holding and result of the
election, and shall briefly state the facts and grounds relied
on to sustain the prayer.
(4) The petition shall be divided into consecutively num-
bered paragraphs each of which, as nearly as may be, shall be
confined to a distinct portion of the subject.
(5) It shall conclude with a prayer, as for instance, that
a specified person should be declared duly returned or elected,
or that the election should be declared void, or that a return
may be enforced.
Evidence not 4. (1) Evidence shall not be stated in the petition, but
to be stated. the High Court or judge may, on summons, order such parti-
(Form (7)). culars as may be necessary to prevent surprise and unneces-
(Form (8)). sary expense aid to ensure a fair and effectual trial, in the
same way as in ordinary proceedings in the High Court, and
upon such terms as to costs and otherwise as may be ordered.
(2) In any case in which the High Court or a Judge
orderss that particulars of any allegation made in a petition
be delivered to the respondent, it or he may fix the time
within which such particulars shall be delivered and may
(Form (7)). also order that the petitioner at the trial of the petition may
(Form (8)). be precluded from going into any ease in respect of which
such particulars have not been duly delivered, unless it is
otherwise ordered.
Petitioner to
give address
for service.
How presented.
5. The petitioner shall in his petition give the name and
address of a solicitor whom he authorises to act on his behalf,
or state that lie acts for himself, autf in either case give an
address for service within one mil u'of the office of the Regis-
trar.
6. (1) The presentation ofA .petition s all be made by
delivering it at the Registry of-the High Court and the
Registrar or his deputy or clerk shall giie- a receipt for it, if
required to do so.
(2) A petition shall be presented 'within. twenty-one days
after the return made by the returning,..ffiC of the member
to whose election the petition relates, unless it concerns an
allegation of corrupt practices upon the making of the return
71
of election and specifically alleges a payment of money or
other reward to have been made by any member, or on his
account, or with his privity, since tile tine of such return, in
pursuance or in furtherance of such corrupt practices, in
which ease the petition may be presented at any time within
twenty-eight days after the date of such payment.
7. (1) On presentation of the petition, the Reg<'trar Publication of
shall forthwith cause the same to be inserted in the Gazette Petition.
and in a newspaper published in the Colony.
(2) The costs of publication of the petition and of any
ether matter required to be published by the Registrar under
these Rules.shall be paid to the Registrar by the petitioner
or other person moving in the matter in the first instance
before such publication, and shall form part of the general
cost of the petition.
S. (1) A petition shall be served upon the respondent Service of
by the petitioner by delivering a notice of the presentation petition.
of the petition together with a copy of the petition to him (Fori (2)).
personally within ten days after the presentation of the pe-
tition, but a Judge may, on the application of the petitioner
made by summons not later than fourteen days after the
petition is presented and supported by affidavit showing what
has been done, on being satisfied that all reasonable effort
has been made to effect personal service and cause the matter
to come to the knowledge of the respondent, order that what
has been done shall be considered sufficient service, subject
to any conditions which lie may think fit to impose.
(2) In case of evasion of service the posting of a notice
in the office of the Registrar that the petition has been pre-
sented, stating the petitioner, the prayer and the nature of
the proposed security, shall be deemed equivalent to personal
service, if so ordered by the Judge.
(3) A respondent shall, within ten days after service on
him of notice of the petition, lodge with the Registrar and
serve on the petitioner a statement of particulars of an address
for service similar to those required by rule 5 of these Rules to
be. stated by a petitioner in the petition, and he shall state the
said particulars in any summons taken out by him for the pur-
pose of objecting to the security given by the petitioner or
otherwise.
SECURITY FOR COSTS AND OBJECTION THERETO.
9.. (1) At the time of the presentation of the petition, or Security for
within three days afterwards, security for the payment of all costs.
costs, charges and expenses that may become payable by the
petitioner
(i) to any person summoned as a witness on his behalf, or
(ii) to the member whose election or return is complained
of, or to any other person named as a respondent in
the petition,
shall be given on behalf of the petitioner.
(Form (3)). (2) (a) the security shall be an amount not exceeding
twelve hundred dollars and shall be given by one or more recog-
nizance to be entered into by any number of sureties not
exceeding four approved by the Registrar of the Supreme Court,
or by deposit of money in the Supreme Court, or partly in one
way and partly in the other.
(b) The recognizance shall contain the name and usual
place of abode of each surety with such sufficient description as
shall enable him to be found or ascertained.
(Form (4)). (3) Within three days after the giving of security as
required by this rule, notice of the nature of the security given
shall be served by the petitioner on the respondent.
(4) When the security is given wholly or partly by
recognizance, it shall be lawful for the respondent within
ten days from the date of service on him of the notice to
object to the recognizance on the ground that one or more of
the sureties is insufficient, or that a surety is dead, or that
he cannot be found or ascertained for want of sufficient des-
cription in the recognizance, or that a person named in the
recognizance has not duly acknowledged the same.
(Form (5)). (5) Any objection to the security shall be made by sum-
mons before a Judge supported by affidavit of the facts relied
on, but the Judge may require evidence of witness on per-
sonal examination, if he thinks fit so to require.
(6) The summons shall be mad' upon not less than four
days notice to the petitioner and the costs thereof shall be
in the discretion of the Judge who may decide which party
shall pay them.
(7) The costs of hearing and deciding any objection upon
the ground of insufficiency of a surety or sureties shall be
paid by the petitioner, unless at the time of leaving the recog-
nizance with -the Registrar there be also left with him an
affidavit sworn by each surety before a Justice of the Peace,
or other person duly authorised to administer oaths, that he
is possessed of immovable property of the value of double
the amount for which he is bound by the recognizance, after
satisfying all other debts and liabilities due to other persons.
73
10. (1) If by order made upon such summons the security PRemoval of
be declared insufficient and the objection is allowed, it shall be ob.jcetion
lawful for the petitioner, within such time not exceeding ten security
days as may be ordered by the Judge before whom the summons declared
is heard, to remove the objection by a deposit with the Account- insufficient.
ant General of such sum of money as the judge may direct for (ormn (6)).
the purpose of making the security sufficient.
(2) If the petitioner does not remove the objection by
deposit of the sum of money so directed to be deposited within
the period fixed by the order of the judge, no further proceed-
ings shall be taken on the petition which shall thereafter stand
dismissed.
11. If by order made upon such summons the security be When petition
declared sufficient, or if no objection is made to the sufficiency lt issue.
of the security within the time limited by these Rules for mak-
ing objection thereto, the petition shall be at issue.
12. A petition which has been presented questioning a Amendment
return or election other than upon an allegation of a corrupt of petition.
practice may, for the purpose of questioning the return or (Poral (9)).
election upon an allegation of a corrupt practice, be amended
with the leave of the High Court to be applied for on summons
in the time within which a petition questioning the return upon
the allegation of that corrupt practice can be presented under
rule 6 (2) of these Rules..
13. (1) a petition shall not be withdrawn without the withdrawal
leave of the High Court or a Judge upon application made by of petition.
summons. (Form (12)).
(2) No such application shall be made for the withdrawal (Form (10o)).
of a petition until the petitioner has given notice of his inten- Form (11).
tion to the Registrar and the respondent, and the Registrar shall
forthwith cause the same to be inserted in the Gazette and in
a newspaper published in the Colony.
(3) Where there are more petitioners than one no applica-
tion to withdraw a petition shall be made except with the con-
sent of all the petitioners.
(4) Before leave for the withdrawal of a petition is
granted, there shall be produced affidavits by the parties to the
petition and their solicitors, and by the election agents of the
parties who were candidates at the election to the effect stated
in the next succeeding paragraph of this rule, but the High
Court may on cause shown dispense with the affidavit of any
particular person -if on special grounds it appears to the High
Court just to do so.
(5) Each affidavit shall state that to the best of the de-
pcient's knowledge and belief. no agreement or terms of any
kind whatsoever has or have been made, and no undertaking
has been entered into, in relation to the withdrawal of the
petition, but if any lawful agreement has been made with res-
pect to the withdrawal of the petition the affidavit shall set
forth that agreement and shall make the foregoing statement
subject to what appears from the affidavits.
(6) The affidavits of the applicant and his solicitor shall
further state the ground on which the petition is sought to be
withdrawn.
(7) It shall not he lawful for any person to make any
agreement or terms, or to enter into any undertaking, in relation
to or for the withdrawal of a petition in consideration of any
payment, or in considerations that the seat shall at any time be
vacated, or in consideration of the withdrawal of any other
petition, and every person acting in contravention of this pro-
vision shall be liable on conviction to a fine not exceeding
twenty-four dollars.
(8) Any person who might have been a petitioner in res-
pect of the election to which the petition relates may, within
five days after the publication by the Registrar in the Gazette of
a copy of the notice of application for leave to withdraw the
petition, apply to the High Court or a Judge to be substituted
as a petitioner for the petitioner so desirous of withdrawing the
petition, and the High Court or Judge may at the hearing of
the application, if it or he thinks fit, substitute as a petitioner
any such applicant.
(9) Where in the opinion of the High Court or a Judge
the proposed withdrawal of a petition is induced by any corrupt
bargain or consideration or is the result of any agreement,
terms of undertaking prohibited by this rule, it or he may by
order direct that the security given on behalf of the original
petitioner shall remain as security for any costs that may be
incurred by the substituted petitioner.
(10) If no such order is made with respect to the security
given on behalf of the original petitioner, security to the same
amount as would be required in the case of an original petitioner
and subject to the like conditions, shall be given on behalf of
the substituted petitioner within five days after the order of
substitution and before he takes any step in the proceedings..
(11) Subject as aforesaid, a substituted petitioner shall
stand in the same position, as nearly as may be, and be subject
to the same liabilities, as the original petitioner.
(12) If a petition is withdrawn the petitioner shall be liable
to pay the costs of the respondent.
(Form (11)).
MISCELLANEOUS MATTERS AFFECTING
THE PETITION.
14. (1) A petition shall be abated by the death of a sole Abatement of
petitioner or the survivor of several petitioners. petition.
(2) The abatement of a petition shall not affect the liabil-
ity of the petitioner's legal personal representative to pay the
costs previously incurred.
(3) On the abatement of a petition notice of such abate- (Form (13)).
meant shall be given by any party or person interested in the
petition to the Registrar who shall forthwith cause the same to
be inserted in the Gac/tr and in a newspaper published in the
Colony.
(4) Within one month after publication of the notice in (Form (14)).
the G(Zettc any per' n, who mighi have been a petitioner in
respect of the elieclion t,) which the petition relates may apply
by summons to the Court or a Judge to be substituted as a
petitioner..
(5) The Court or a Judge may, if it or he thinks fit, sub-
stitute as a petitioner any such applicant on whose behalf
security to the same amount as is required in the case of an
original petition is given; and such security shall be subject to
the same objection as the security given in an original petition.
15. (1) If before the trial of a petition either of the Admission in
following events happens, that is to say- certain cases
Se of voters to
(a) the respondent dies, or be respondent.
(b) the respondent gives notice to the Registrar and
to the petitioner that he does not intend to oppose
the petition,
then, in the first ease, any person entitled to be a petitioner in (Form (15)).
respect of the election to which the petition relates may, and in
the second case the Registrar shall, give notice by publication
in the Gazette and in a newspaper published in the Colony, of (Form (16)).
such event having taken place, and within twenty-one days (Form (17)).
after publication of the notice in the Gazelte any such person
may apply by summons to the Court or a Judge to be admitted
as a respondent to oppose the petition, and such person shall be
admitted accordingly either with the respondent, if there be a
respondent, or in place of the respondent.
(2) Any number of such persons not exceeding three may
be so admitted.
16. A respondent who has given the prescribed notice Respondent
that he does not intend to oppose the petition shall not appear not opposing
or act as a party against such petition in any proceedings not to appear
thereon. as party.
Several
petitions as
to the same
election.
Notice of
recrimination
when petition
complains of
undue return
and claims
sent.
(Form (18)).
Returning
officer if
complained of
to be
respondent.
17. Where more petitions than one relating to the same
election or return are presented, all such petitions shall be
dealt with as one petition, in such manner and on such terms
as a Judge may direct.
18. (1) When a petition complains of an undue return
and claims the seat for some person other than the person
returned, it shall be lawful for the respondent, within ten
days after the service of the notice of the petition as afore-
said, to give notice in writing to the petitioner that he
intends to give evidence to prove that the person on whose
behalf the seat is claimed was not duly elected.
(2) The grounds on which a respondent intends to com-
plain that a person on whose behalf the seat is claimed was
not duly elected shall be set out in the notice and the rules
applicable to a petition and the particulars of charges .made
therein shall apply to every such notice.
19. Where a petition complains of the conduct of a re-
turning officer, such returning officer shall for the purposes
of these Rules, except the substitution of respondents in his
place, be deemed to be a respondent.
Petition 20. A petition complaining of no return may be pre-
complaining sented to the Court, and shall be deemed to be. an election
of no return, petition, and the Court may make such order thereon as it
thinks expedient for compelling a return to be made, or may
allow such petition to be heard by the Judge in manner herein
provided with regard to petitions.
TRIAL OF THE PETITION AND THE COSTS THEREOF.
Mode of trial
of petitions.
(Form (19)).
21. The following provisions shall apply to the trial of
a petition :-
(1) the trial shall take place at such time as the Judge
may appoint, not being less than seven days after notice of
trial has been given to the parties and published in the
Gazette;
(2) The Judge may adjourn the trial from time to time,
but the trial of every petition so far as practicable, consis-
tently with the interests of justice in respect of such trial,
shall be continued 'de die in diem on lawful days until its
conclusion;
(3) the Judge may make a special report to the Adminis-
trator upon any matter arising in the course of the trial, an
account of which in his judgment ought to be submitted;
(4) where it appears to the IHigh Court or a Judge, on
application by summons of either party or without such ap-
plication, that the case raised by the petition can be con-
veniently stated as a special case, it or he may direct the same
to be stated by the petitioner and the respondent accordingly,
and any such special case shall, as far as may be, be heard
before the Court, and the decision of the Court thereon shall
be the decision on the petition;
(5) in case the petitioner and the respondent differ on
the stating of the special case, the High Court or a Judge may
refer the same to some qualified person to be settled;
(6) the Court shall certify to the Administrator its de-
termination in reference to such special case.
22. If it appears to the Judge on the hearing of any
election petition or any special case that any question of law
requires further consideration by the Court of Appeal, it
shall be lawful for the Judge to postpone the hearing or the
granting of any certificate to the Governor until the deter-
mination of such question by the Court of Appeal and for
this purpose to reserve any question of law for the determina-
tion of the Court of Appeal.
23. On the trial of a petition, unless the Judge other-
wise directs, any charge of a corrupt practice may be gone
into, and evidence in relation thereto received, before any
proof has been given of agency on the part of any candidate
in respect of such corrupt practice.
(Form (20)).
Power to
reserve
question of
law for
Court of
Appeal.
Evidence of
corrupt
practice
receivable
before proof
of agency.
24. (1) The reasonable expenses incurred by any -per- Expenses of
son in appearing to give evidence at the trial of a petition, if witnesses.
allowed to such person by order of the Judge, shall be payable
in the first instance by the party who summons or calls him
and the amount thereof shall be ascertained and certified by
the Registrar. Such expenses may be included in the costs
of the petition and shall be paid by the party directed to pay
those costs.
(2) The expenses of a witness called and examined by
the Judge shall be deemed to be costs of the petition and
shall be paid as directed by the order of the Judge.
25. (1) All costs, charges and expenses of and incidental
to the presentation of a petition, or of any proceedings con-
sequent thereon shall be in the discretion of the High Court or
Judge and shall be defrayed by the parties to the petition in
such manner and in such proportions as the High Court or
Judge may determine. The High Court or judge may disallow
General costs
of petition,
any costs, charges or expenses which miny,.in its or his opinion,
have been caused by vexatious conduct, unfounded allegations,
or unfounded objections on the part of either the petitioner or
the respondent, and shall have regard to the discouragement
of any needless expense by throwing the burden of defraying
the same on the parties by whom it has been caused, whether
such parties are or are not on the whole successful.
(2) The rules and regulations of the High Court with
respect to costs to be allowed in action, causes and matters in
the High Court shall in principle and so far as practicable
apply to the costs of election petitions and proceedings con-
nected therewith. The amount of such costs may be fixed by
the High Court or Judge or may be directed to be taxed.
(3) Where the petitioner is ordered to pay any such costs
and he fails to pay the same within fourteen days from the
date of the order of the High Court or Judge, the Accountant
General shall pay such costs out of any money deposited with
him as security under these Rules and execution may be issued
against the petitioner and the sureties jointly and severally for
any balance not covered by the deposit; or where security has
been given by recognizance, the Registrar shall, upon an affi-
davit of the respondent stating the amount of the costs directed
to be paid by the petitioner and that neither the petitioner
nor any of the sureties- has paid them within fourteen days
after the order to pay the same, certify such recognizance to be
forfeited and execution shall forthwith issue out of the High
Court thereupon for the recovery of the amount of the costs
ordered to be paid against the petitioner and the sureties
jointly and severally to the extent of the amount for which
they are bound by the recognizance, the petitioner however
being always liable to pay the full amount of the costs.
(4) If the security given by the petitioner be in the form
of money deposited with the Accountant General, the petitioner
shall be entitled to a refund of any portion thereof exceeding
the amount of the costs ordered to be paid by him.
(5) If a respondent who is ordered to pay ,mny costs to the
petitioner fails to do so within fourteen days from the date of
the order directing such payment, execution shall forthwith be
issued out of the High Court for the recovery of the amount of
such costs.
(6) Execution shall be levied in accordance with the law
governing execution in civil actions in the Court.
Forms and 26. (1) In proceedings regulated by these Rules the forms
matters not contained in the Schedule or forms to the like effect, shall be
provided for. used as the documents described by the headings thereof.
Schedule.
(2) In any matter not provided for by the Ordinance or
by these Rules the practice and procedure of the High Court in
a civil action shall apply and have effect and the Judge may in
any such case direct what the procedure shall be.
27. The Interpretation Ordinance applies for the purpose
of the interpretation of these Rules in like manner as it applies
for the purpose of interpreting an Ordinance.
S CHE D UL E.
(1)
PETITION.
Interpretation
Ordinance
applied.
(Rule 26 (1)).
(Rule 3)
IN THE WEST INDIES ASSOCIATED STATES
SUPREME COURT.
IN THE HIGH COURT.
(SAINT VINCENT)
THE LEGISLATIVE COUNCIL (ELECTIONS)
ORDINANCE 1951
Election for (state the electoral district) holden on the
day of 19
BETWEEN
A.B....................................... Petitioner.
and
KY ........................... ............... Respondent.
The petition of A.B. of
A.B. of
(or of
and C.D. of (as the case
may be) whose name is subscribed.
1. Your petitioner A.B. is a person who voted (or had
a right to vote (as the case may br) at the above election (or
claims to have had a right to be returned at the above election,
or was a candidate at the above election) ; and your petitioner
C.D. (here state in like manner the right of each petitioner).
80
2. Your petitioner states that the election was holden on
the day of 19 when
E.F., G.H. and I.J. were candidates, and the returning officer
has returned E.F. as being duly elected.
3. Your petitioner says that (here state in specific para-
graphs the facts and grounds on which the petitioner relies).
WHEREFORE your petitioner prays that it may be deter-
mined that the said E.F. was not duly elected or returned, and
that the election was void (or that the said G.H. was duly
elected and ought to have been returned, or as the case may be).
Dated this day of 19
Petitioner.
(2)
(Rule 8 (1)). SUMMONS FOR SUBSTITUTED SERVICE
(Rule 8 (2)). (Title as in the case of the Petition).
Let all parties concerned attend the Judge in Chambers at
the Court House in the Town of Kingstown on the
day of 19 at o'clock in
the noon on the hearing of an application on the part
of the petitioner for an order that what has been done by the
petitioner to effect personal service of the petition and cause
the matter to come to the knowledge of the respondent shall be
considered sufficient service of the petition, subject to any con-
ditions which the Judge may think fit to impose (or for an order
that the posting of notice in the office of the Registrar that the
petition has been presented stating the petitioner, the prayer
and the nature of the proposed security shall be equivalent to
personal service).
And that the costs of this application he costs of the Petition.
Dated the day of 19
Petitioner
or
Petitioner's Solicitor.
81
(3)
RECOGNIZANCE GIVING SECURITY FOR COSTS (Rule 9 (2)).
UNDER RULE 9.
(Title as in the case of the Petition).
BE IT REMEMBERED that on the day of
in the year of Our Lord 19 before me (name and descrip-
tion) came A.B. of (name and description as above) and
acknowledged himself (or severally acknowledged themselves)
to owe to Our Sovereign Lady the Queen the sum of (in words)
dollars (or the following sums) (that is to say) the said C.D.,
the sum of (in words) dollars, the said E.F., the sum of (in
words) dollars, and the said G.H., the sum of (in words) dol-
lars to be levied on his (or their respective) goods and chattels,
lands and tenements to the use of Our said Lady the Queen,
Her heirs and successors..
The condition of this recognizance is that if (here insert
the names of all the petitioners, and if more than one, add, or
any of them) shall well and truly pay all costs, charges and
expenses in respect of the election petition signed by him (or
them) relating to the (here insert the name of the electoral
district) which shall become payable by the said petitioner
under the Legislative Council (Election Petitions) Rules to any
person, then this recognizance to be void, otherwise to stand in
full force.
Petitioner and Sureties.
Taken and acknowledged by the abovenamed (names of
petitioner and sureties) on the day of
19 before me.
A Justice of the Peace, or
Person Authorised to Administer Oaths.
82
(4)
(Rule 8 (1)). NOTICE OF PRESENTATION OF PETITION AND OF
(Rule 9 (3)). THE NATURE OF THE SECURITY.
(Title as in the case of the Petition)
TAKI NOTICE that a petition complaining of (state the
grounds of complaint briefly) and praying that (state briefly
the prayer of the petition) was presented to the Court on the
day of 19 and that
security for the costs, charges and expenses thereof has been
given (state the nature of the security given i.e. whether by
deposit of money or by recognizance and the names and the
description of the sureties and the amounts for which each
surety has bound himself).
-Dated the day of 19
TO: (Name of Respondent)
(Address)
Petitioner.
(5)
(Rule 9 (5)). SUMMONS
(Title as in the case of the Petition)
LET ALL PARTIES CONCERNED attend the Judge in Chambers
at the Court IIouse in the Town of Kingstown on
the day of 19 on the
hearing of an objection to the recognizance
on the part of the respondent on the ground that the surety is
insufficient (or that he cannot be found or ascertained for want
of sufficient description in the recognizance, or that the surety
named in the recognizance has not duly acknowledged the same,
as the case may be).
Dated the day of 19
This Summons is taken out by
of Solicitor for
(or personally, as 1he case may be).
TO:
The Petitioner.
83
(6)
ORDER I'PON A SUM()MONS (1ule 10 (1)).
( Rule 11).
(Title as in the case of the Petition).
Before Mr. Justice Approved.
The day of 19
ITroN objection to the security given by the petitioner P.j.
herein imde by summons oin thie day of 19 (date)
AND UPON reading the affidavit of
dated the day of 19 and hearing
the evidence of witnesses personally examined. (if such evi-
dence was required, and counsel on behalf of the parties.
IT Is declared that the security given by the petitioner in the
abovementioned petition is insufficient and IT Is ORDERED that
the objection be allowed but that the petitioner be at liberty
to remove the objection thereto by deposit with the Accountant
General the sun of
dollars within days from this day (the period is
not to exceed ten days). (In case the security is declared
sufficient this order shall read-IT Is DECLARED that the security
given by the petitioner in the abovementioned petition is suffi-
cient and IT Is ORDERED that the objection be disallowed AND
that the costs of this objection be paid by the petitioner (or the
respondent as the case may be).
BY the Judge.
Registrar.
(7)
(Rule 4 (1)).
(Rule 4 (2)). SUMMONS FOI1 PARTICULARS
(Title as in the case of the Petition).
LET ALL PARTIES CONCERNED attend the Judge in Chambers
at the Court House in the Town of Kingstown on the
day of 19 at o'clock
in tile noon on the hearing of an application on the
part of the respondent that the petitioner do, days
before the day appointed for the trial of this petition deliver
to the respondent or his Solicitor particulars in writing of
the names of all persons alleged in the paragraph of
the petition to have been bribed, and by whom, with the
address. and number, if any, on the register, and if none, the
occupation of each of the same respectively, the time or times
when, and the place or places where, each act of bribery is
alleged to have been committed, and the amount and nature
thereof.
[The above form may be adapted to allegations of treat-
ing, undue influence, personation, etc.]
AND that it may be ordered that the petitioner be pre-
eluded at the trial of the petition from going into any case
in respect of which the aforesaid particulars have not been
duly delivered, unless it is otherwise ordered.
Dated this day of 19
Respondent.
TO:
The Petitioner and to his Solicitor.
PARTICULARS DELIVERED.
(Rule 4).
(Title as in the case of the Petition).
The following are the particulars delivered by the petitioner
to the respondent the
day of
BRIBERY.
Name of
person
bribing..
Address.
Time
when
bribed.
Amount
Place and
where charac-
bribed. ter of
bribe.
o. in
irticu-
lars..
Name of
person
bribed.
Address.
No. on
register
or oecu-
pation.
(9)
SUMMONS TO AMEND PETITION.
(Title as in the case of the Petition).
LET ALL PARTIES CONCERNED attend the Judge in Chambers
at the Court House in the Town of Kingstown on the
day of 19 at o'clock in
the noon on the hearing of an application on the
part of the petitioner that he may be at liberty to amend the
petition by (here state the amendment required).
Dated the day of 19
Petitioner or
Solicitor.
TO:
The Respondent and his Solicitor.
(Rule 13 (2)).
(10)
NOTICE TO REGISTRAR AND RESPONDENT OF
APPLICATION FOR LEAVE TO WITHDRAW
A PETITION.
(Title as in the case of the Petition).
1. The petitioner proposes to apply to withdraw his petition
upon the following grounds:-
[Here state the grounds]
2. He accordingly prays that a day may be appointed for
hearing the application.
Dated the day of 19
Petitioner.
TO: The Registrar..
(Rule 12).
87
(11)
NOTICE TO PUBLIC OF APPLICATION FOR LEAVE (Rule 13 (2)).
TO WITHDRAW PETITION. (Rule 13 (8)).
(Title as in the case of the Petition).
NOTICE IS HEREBY GIVEN that the above petitioner has on
the day of 19 lodged
at the High Court Registry notice of an application to with-
draw the petition of which notice the following is a copy:-
[Here set out a copy of the notice to Registrar and re-
spondent J
And take notice that by the rule made by the Chief -
Justice any person who might have been a petitioner in re-
spect of the said election may, within five days after the
publication by the Registrar of this notice, give notice in
writing of his intention on the hearing to apply for leave to
be substituted as a petitioner.
Dated the day of 19
Registrar.
(12)
SUMMONS FOR. LEAVE TO WITHDRAW PETITION. (Rule 13 (1)).
(Title as in the case of the Petition).
LET ALL PARTIES CONCERNED attend the Judge in Chambers
at the Court House in the Town of Kingstown on the
day of 19 at o'clock in
the noon on the hearing of an application on the
part of the petitioner that he be at liberty to withdraw
the above petition on the affidavits of the parties to the
petition, their solicitors and election agents filed herein.
Notice of the petitioner's intention to withdraw the
petition has been given to the Registrar and the respondent
on the day of 19 and the Registrar
has caused a copy of the said notice to be published in the
Gazette and in a newspaper published in St. Vincent.
Dated the day of 19
Petitioner.
TO:
The Registrar and the Respondent and his Solicitor.
(Rule 14 (3)).
(13)
NOTICE OF ABATEMENT OF PETITION.
(Title as in the case of Petition).
TAKE NOTICE that the petitioner (or the survivor of the
several petitioners) in the above petition died on the
day of 19 at in the
of and that
consequently the said petition was abated by such death.
Dated the
(Rule 14 (4)).
day of
Sgd.
A party or person interested in the petition.
(14)
SUMMONS FOR SUBSTITUTION OF A PETITIONER
IN PLACE OF A DECEASED PETITIONER.
(Title as in the case of the Petition).
LET ALL PARTIES CONCERNED attend the Judge in Chambers
at the Court House in the Town of Kingstown on
the day of 19 at o'clock in
the noon on the hearing of an application on the part
of a person who might have been
a petitioner in respect of the election to which the petition
relates, for an order that he the said
be substituted as a petitioner.
Security in accordance with these Rules has been given as
proved by the affidavit of the applicant in support of this
application.
Dated the day of 19
Sgd.
Applicant to be substituted as petitioner.
(15)
NOTICE TO BE PUBLISHED OF DEATH OF
THE RESPONDENT..
(Rule 15 (1)).
(Title as in the case of the Petition).
TAKE NOTICE that
died on the
at
the respondent
day of
in the
Sgd.
A person entitled to be a petitioner
in respect of the election questioned.
(16)
NOTICE TO BE PUBLISHED BY RESPONDENT OF
INTENTION NOT TO OPPOSE THE PETITION.
(Title as in the case of the Petition).
TAKE NOTICE that I the undersigned respondent do not
intend to oppose the above petition.
TO:
(Rule 15 (1)).
Respondent.
The Registrar and the Petitioner..
(17)
SUMMONS TO BE ADMITTED A RESPONDENT
TO OPPOSE THE PETITION.
(Title as in the case of the Petition).
LET ALL PARTIES CONCERNED attend the Judge in Chambers
at the Court House in the Town of Kingstown on the
day of
19 at
o'clock in
(Rule 15 (1)).
the noon on the hearing of an application on the part
of the undersigned to
be admitted as a respondent to oppose the petition in place of
who died on
the day of 19
Sgd.
Applicant.
(18)
NOTICE OF RECRIMINATORY GROUNDS.
(Title as in the case of the Petition).
TAKE NOTICE that I the respondent in the above-
mentioned petition intend to complain of the election of
the person on whose behalf
the seat is claimed undue and that the following are the
grounds on which I intend to rely in support of that com-
plaint :-
(Here set out
to complain of).
the grounds which the respondent intends
Respondent or his Solicitor.
The Petitioner and his Solicitor.
(19)
(Rule 21 (1)).
NOTICE OF TRIAL.
(Title as in the case of the Petition).
TAKE NOTICE that the above petition (or petitions)
will be tried in the High Court in the Town of Kingstown
on the day of 19
commencing at o'clock in the noon and
on such other subsequent days as may be needful.
Registrar.
The Petitioner and the Respondent and their Solicitors.
(Rule 18).
91
(20)
SUMMONS TO TURN PETITION INTO (Rule 21 (4)).
SPECIAL CASE.
(Title as in the case of the Petition).
LET ALL PARTIES CONCERNED attend the Judge in Chambers
at the Court House in the Town of Kingstown on
the day of 19 at o'clock in
the noon on the hearing of an application on the part
of the petitioner (or respondent) that the case raised by the
petitioner be stated as a special case, and that in the event of
the parties differing the same be referred to
to settle, and that the costs of this application be costs in the
petition.
Dated the day of 19
Petitioner or
his Solicitor.
or
Respondent or
his Solicitor.
TO:
The Respondent and his Solicitor
or the Petitioner or his Solicitor.
Made by me this second day of August, 1967.
A. M. LEWIS,
Chief Justice.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 92 cents ]
1967,
93
WEST INDIES ASSOCIATED STATES
STATUTORY RULES AND ORDERS,
1967, No. 27.
(Gazetted 15th August, 1967).
By virtue and in exercise of the powers conferred upon him by section
12 of the West Indies Associated States Supreme Court Order 1967 the Chief
Justice, with the concurrence of the Premiers of all the States, orders, and it
is hereby ordered, as follows:-
1. Citation. This Order may be cited as the West Indies Associated
States Supreme Court (Prescribed Offices) Order.
2. Offices of Court of Appeal. The offices of the Court of Appeal shall
be-
(a) Registrar, which shall be deemed to be included in the office of
Chief Registrar,
(b) a sufficient number of Deputy Registrars,
(c) a sufficient number of clerks,
(d) a sufficient ptmber of criers.
Made
PRINTED BY THE
is Order shall be deemed to have come into
1967.
f July, 1
/ A. M. LEWIS,
Chief Justice.
L TER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST.. VINCENT.
[ Price 4 cents. ]
1967.
|
