• TABLE OF CONTENTS
HIDE
 Title Page
 Table of Contents
 Legislation
 The legislature
 Administration of justice - The...
 Administration of justice - Criminal...
 Administration of justice - Civil...
 Administration of justice - Remedies...
 Administration of justice - Supplemental...
 Administration of estates - Probate...
 Defence
 Police, prisons and public...
 Public health and medical
 Public welfare and social...
 Education
 Works and hydraulics
 Roads and traffic control
 Railways
 Harbour and shipping
 Air navigation and aerodromes
 Immigration and emigration














Title: Trinidad and Tobago revised ordinances, 1950
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076995/00008
 Material Information
Title: Trinidad and Tobago revised ordinances, 1950
Uniform Title: Laws, etc. (Trinidad and Tobago revised ordinances, 1950
Physical Description: 10 v. : ; 26 cm.
Language: English
Creator: Trinidad
Maingot, Elliot Francis, 1891-
Publisher: Printed by C. F. Roworth, Govt. printers
Place of Publication: London
Publication Date: 1951 [i.e. 1952]
 Subjects
Subject: Law -- Trinidad and Tobago   ( lcsh )
Genre: non-fiction   ( marcgt )
 Notes
Statement of Responsibility: Prepared under the authority of the Law revision ordinance, ch. 1, no. 1, by Elliot Francis Maingot.
General Note: Cover title: Laws of Trinidad and Tobago, 1950.
General Note: "Contains the ordinances of the colony in force on the 31st day of December, 1950, exclusive of those reserved by ordinance no.23 of 1949 and by subsequent proclamations."
 Record Information
Bibliographic ID: UF00076995
Volume ID: VID00008
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000255255
oclc - 28706053
notis - ABC5972

Table of Contents
    Title Page
        Page iii
        Page iv
    Table of Contents
        Page v
        Page vi
        Page vii
        Page viii
        Page ix
        Page x
        Page xi
        Page xii
        Page xiii
        Page xiv
        Page xv
        Page xvi
        Page xvii
        Page xviii
        Page xix
        Page xx
        Page xxi
        Page xxii
    Legislation
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
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        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Pages 30-31
    The legislature
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
    Administration of justice - The courts
        Page 37
        Page 38
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    Administration of justice - Criminal law and procedure
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
    Administration of justice - Civil law and procedure
        Page 65
        Page 66
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        Page 69
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        Page 71
        Page 72
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        Page 75
    Administration of justice - Remedies of creditors
        Page 76
        Page 77
        Page 78
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    Administration of justice - Supplemental matters
        Page 231
        Page 232
        Page 233
        Page 234
        Page 235
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    Administration of estates - Probate and trustees
        Page 252
        Page 253
        Page 254
        Page 255
        Page 256
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        Page 259
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        Page 263
        Page 264
        Page 265
    Defence
        Page 266
        Page 267
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        Page 297
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    Police, prisons and public order
        Page 299
        Page 300
        Page 301
        Page 302
        Page 303
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    Public health and medical
        Page 347
        Page 348
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    Public welfare and social services
        Page 537
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    Education
        Page 542
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    Works and hydraulics
        Page 546
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    Roads and traffic control
        Page 551
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    Railways
        Page 626
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    Harbour and shipping
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    Air navigation and aerodromes
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    Immigration and emigration
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Full Text












TRINIDAD AND TOBAGO

REVISED ORDINANCES, 1950

PBBPARBD UNDER THE AUTHORITY OF
THE LAW REVISION ORDINANCE
Ch. 1. No.1.
BY
ELLIOT FRANCIS MAINGOT
OBOWN SOLIOITOB OF TRINIDAD AND TOBAGO




THIS VOLUME CONTAINS THE STATUTORY INSTRUMENTS,
AND THE RULES, REGULATIONS, ETC., MADE UNDER
CH. 1-CH. 20 INCLUSIVE.


VOL VIII.


Price per set of 10 Volumes--25 or $120.00 British Caribbean Curency




PRINTED BY
0. F. BOWORTH LTD., 88, PUTTER LANE, LONDON, E.0.4.
1951.
[Appointed by the Government of the Colony of Trinidad and Tobago the Government Printers
of this Edition within the meaning of the Evidence (Colonial Statutes) Act, 1907.]
To be purchased from the Government Printer, Port-of-Spain, and from the Crown Agents
for the Colonies, 4, Millbank, London, S.W.1.





-- Z- -J-7



SIE 8 -TY OF ?LO'iD4
LA U' Li3 r~;Y
VOL.NO. o -. -, f


PRINTED IN GREAT BRITAIN BY
C. F. ROWORTH LTD.. 88 BETTER LANE, LONDON, B.C.4.








S( v )


CONTENTS.


VOLUME VIII.


STATUTORY INSTRUMENTS.
PAGE
THE TRINIDAD AND TOBAGO (CONSTITUTION) ORDER
IN COUNCIL, 1950 ... ... ... ... ... 1
LETTERS PATENT ... ... ... ... ... 20
INSTRUCTIONS ... ... .. ... ... ... 23
ASSOCIATION OF MEMBERS OF EXECUTIVE COUNCIL
WITH THE WORK OF ADMINISTRATION OF
GOVERNMENT DEPARTMENTS ... ... ... 27


Note:---() No subsidiary Legislation appears under any Ordinance printed in italics.
(2) An asterisk before an Ordinance indicates that there is Subi~ijy
Legislation in the Schedules to the Ordinance.

CHAPTER 1.
LEGISLATION.
No.
1. Law Revision.
2. INTERPRETATION ... ... ... ... ... 21




CHAPTER 2.
THE LEGISLATURE.
1. Legislative Council (Privileges).
2. LEGISLATIVE COUNCIL (ELECTIONS) ... ... 32








Contents.


CHAPTER 3.


ADMINISTRATION OF JUSTICE-THE
COURTS.


Judicature.
Criminal Appeal.
PETTY CIVIL COURTS
Summary Courts.
Coroners.


PAGE


37


CHAPTER 4.
ADMINISTRATION OF JUSTICE-CRIMINAL
LAW AND PROCEDURE.
L. Indictable Ofences (Preliminary Enquiry).
2. JURY ... ... ... ... ... ... 59
5. *CRIMINAL PROCEDURE ... ... ... ... 61
t. Criminal Offences.
5. Treason.
5. Sedition.
7. Riot.
3. Coinage Offences.
. Offences against the Person.
). Libel and Defamation.


Larceny.
Forgery.
Malicious Damage.
Prevention of Corruption.
Perjury.
Accessories and Abettors.
SUMMARY OFFENCES ...
Trespass.
Shouters Prohibition.
Gambling.
Children.


... 62


No.
1.
2.
3.
4.
5.







Contents. vii

CHAPTER 4-continued.
No. PAGE
22. PROBATION OF OFFENDERS ... ... ... 63
23. Corporal Punishment.
24. Remission of Penalties.
25. Extradition.
26. French Guiana Extradition.
27. Venezuela Extradition.




CHAPTER 5.
ADMINISTRATION OF JUSTICE-CIVIL
LAW AND PROCEDURE.
1. Crown Suits.
2. Crown Suits Limitation.
3. Court Funds Investment.
4. Court Deposits.
5. Compensation for Injuries.
6. Limitation for Personal Actions.
7. Real Property Limitation.
8. Prescription.
9. Judgments Extension.
10. Habeas Corpus.
11. PETITIONS IN LUNACY ... ... ... ... 65
12. INFANTS ... ... ... ... ... ... 67
13. *LEGITIMATION ... ... ... 68
14. Afiliation.
15. Separation and Maintenance.
16. MAINTENANCE ORDERS (ENFORCEMENT) ... 74








Contents.


CHAPTER 6.

ADMINISTRATION OF JUSTICE-REMEDIES
OF CREDITORS.


CROWN DEBTS ... .
Remedies of Creditors.
DEBTORS ... ...
Absconding Debtors.
Apportionment.
*BANKRUPTCY ... ...
DEEDS OF ARRANGEMENT


CHAPTER 7.
ADMINISTRATION OF JUSTICE-
SUPPLEMENTAL MATTERS.


*Arbitration.
Commissions of Enquiry.
Law Officers.
SOLICITORS ...
Notaries Public (Tobago).
Commissioners of Affidavits.
Statutory Declarations.
INTERPRETERS ...
Evidence.
Oaths.
Promissory Oaths.


CHAPTER 8.
ADMINISTRATION OF ESTATES.
PROBATE AND TRUSTEES.


ADMINISTRATION OF ESTATES ...
*Wills and Probate.
Trustee.
PUBLIC TRUSTEE ... .


PAGE
... ... ... 7
76

S .. 83


... .. 96
... ... ... 216


... 231



... 250


... ... 252


... ... 253


Viii








Contents.


CHAPTER 9.
PUBLIC OFFICERS.
No.
1. Governor's Emoluments.
2. Colonial Secretary Incorporation.
3. Public Accounts.
4. Public Authorities Protection.
5. Magistrates Protection.
6. *Pensions.
7. Overseas Nurses' Pensions.
8. *Widows' and Orphans' Pensions.
9. *Provident Fund.
10. Deceased Oficers' Salary.
11. *Government Housing Loans.
12. Travelling Allowances.


CHAPTER 10.
DEFENCE.
LOCAL FORCES ... ...
Volunteer Reserve.
NAVAL VOLUNTEER ... ...
Naval Volunteer and Defence.
Compulsory Training and Service


.. ... 66

... ... 281

(Emergency).


CHAPTER 11.
POLICE, PRISONS AND PUBLIC ORDER.


Police.
SUPPLEMENTAL POLICE ...
Special Reserve Police.
FIRE BRIGADES ... .
Prevention of Crimes.
Released Prisoners Licences.


PAGE


... ... ... 299

... ... ... 301








Contents.


CHAPTER 11--continued.
PAGE
PRISONS ... ... ... ... ... ... 303
Colonial Prisoners Removal.
YOUNG OFFENDERS DETENTION ... ... 337
Emergency Powers.


CHAPTER 12.
PUBLIC HEALTH AND MEDICAL.


MEDICAL SERVICE ...
MEDICAL BOARD ... .
Opticians (Registration).
PUBLIC HEALTH ..
Food and Drugs.
DANGEROUS DRUGS ...
SULPHONAMIDE DRUGS ...
Antibiotics.
HOSPITALS ...
Lunacy and Mental Treatn
LEPROSY ......
Yaws.
Vaccination.
Venereal Disease.
*Quarantine.
Malaria Abatement.
NOTIFICATION OF BIRTHS
BURIAL GROUNDS ...
Nurses Registration.


ent


CHAPTER 13.
PUBLIC WELFARE AND SOCIAL
1. POOR RELIEF ... ... .
2. Old Age Pensions.
3. BRUCE STEPHENS TRUST ...
4. Merchant Navy Club.


SERVICES.
... ... 537

... ... 539


No.
7.
8.
9.
10.


..... 347
..... 349

... ... ... 359

... ... ... 515
... ... ... 525

... ... ... 527

... 530






... ... ... 531
... ... ... 532







Contents. xi


CHAPTER 14.
EDUCATION.


PAGE


Education.
COMPULSORY EDUCATION
*Private Schools.
Schools (Medical Inspection).
School Teachers' Pensions.


... ... ... 542


CHAPTER 15.
WORKS AND HYDRAULICS.


Director of Works and Hydraulics.
WATERWORKS AND WATER CONSERVATION ...


546


CHAPTER 16.
ROADS AND TRAFFIC CONTROL.
ROADS ... ... ... ... ...
Restriction of Ribbon Development.
MOTOR VEHICLES AND ROAD TRAFFIC ...
MOTOR VEHICLES INSURANCE (THIRD-PARTY
RISKS) ... ... ......
LICENSING OF VEHICLES ... ...
HACKNEY CARRIAGES ... ......
CARTS ... ... ... ... ... ...


551

566

609
615
620
623


CHAPTER 17.
RAILWAYS.


... ... ... ... ... 626


1. RAILWAYS








xii Contents.

CHAPTER 18.
HARBOUR AND SHIPPING.
NO. PAGE
1. HARBOURS ... ... ... ... ... 687A
2. *Port Services (Dues, Charges and Management).
3. PILOTAGE ... ... ... ... ... ... 688
4. Marking of Ships.
5. MERCHANT SHIPPING ... ... ... ... 696
6. MOTOR LAUNCHES ... ... ... ... 710
7. Bahamas and Leeward Islands Light Dues.
8. Droghers.
9. Distressed Seamen Repatriation.




CHAPTER 19.
AIR NAVIGATION AND AERODROMES.
AIR NAVIGATION ... ... ... .. ... 716




CHAPTER 20.
IMMIGRATION AND EMIGRATION.
1. Immigration (Indian).
2. *IMMIGRATION (RESTRICTION) ... ... ... 799
3. DEPORTATION (BRITISH SUBJECTS) ... ... 805
4. Emigration (Children)







Contents. xiii

VOLUME IX.

CHAPTER 21.
NATIONALITY AND ALIENS.
No. PAGE
1. BRITISH NATIONALITY (OFFENCES AND FEES) 1
2. OIL RIGHTS (ALIEN CONTROL) ... ... 29
3. Aliens (Landholding).
4. Alien Bankers.
5. Alien Missionaries and Teachers.
6. Alien Criminals.
7. Expulsion of Undesirable Aliens.


CHAPTER 22.
LABOUR AND INDUSTRY.
1. INDUSTRIAL TRAINING ... ... ... ... 32
2. LABOUR BUREAU ... ... ... ... 32H
3. Labour Statistics.
4. Labour (Minimum Wage).
5. Masters and Servants.
6. EMPLOYMENT OF WOMEN (NIGHT WORK) ... 32L
7. *Recruiting of Workers.
8. Foreign Labour Contracts.
9. TRADE UNIONS ... ... .. .... ... 32N
10. Trade Disputes (Arbitration and Inquiry),
11. Trade Disputes and Protection of Property.
12. TRUCK ... ... ...... ... ... 42
13. Workmen's Wages (Protection).
14. WORKMEN'S COMPENSATION ... ... ... 45
15. Workmen's Compensation (Transfer of Funds).
16. WAGES COUNCILS ... ... ... ... 76








xiv Contents.

CHAPTER 23.
AGRICULTURE.
NO. PAGE
1. Department of Agriculture.
2. Agricultural Society.
3. AGRICULTURAL CO-OPERATIVE SOCIETIES ... 78
4. *Agricultural Credit Societies.
5. AGRICULTURAL CREDIT BANK ... ... ... 84
6. Agricultural Contracts.
7. Agricultural Fires.
8. Marketing Board.
9. Claying of Cocoa.
10. Farmers Advances.
11. Sugar-Cane Small Holdings.
12. *Production of Cane.
13. Sugar Quotas.
14. SUGAR INDUSTRY SPECIAL FUNDS ... ... 101
15. FERTILISERS AND FEEDING STUFFS ... ... 106
16. Cocoa Industry.
17. PLANT PROTECTION ... ... ... ... 118
18. Sale of Produce.
19. Tobago Metairie.
20. RENTS OF SMALL AGRICULTURAL HOLDINGS... 125


CHAPTER 24.
FORESTRY.
1. FORESTS ... ... ... ... ... 130
2. BOTANIC GARDENS ... ... ... 132
3. Sawmills.

CHAPTER 25.
ANIMALS AND ANIMAL DISEASES.
1. Veterinary Surgeons (Registration).
2. DISEASES OF ANIMALS ... ... ... ... 134
3. BEEKEEPING AND BEE PRODUCTS ... ... 150









Contents.


CHAPTER 25-continued.


DOGS ... ... ... .
FELINE ANIMALS... ...
Mongoose.
*Wild Animals and Birds (Protection).
Pounds.
FISHERIES ... ... ... ..


CHAPTER 26.
MINES AND MINERALS.
Petroleum Department and Conservation Board.
PETROLEUM ... ...
OIL MINING AND REFINING ... ...
MINES, BORINGS AND QUARRIES ...
Mining Compensation.
OIL AND WATER BOARD ... ...
Oil-bearing Sands (Water Control).
Oilfield Fires Conlrol.
Pipe-lines.
*Asphalt Industry Regulation.
Geological Survey.



CHAPTER 27.
PROPERTY AND CONVEYANCING.


1. Director of Surveys.
2. LAND SURVEYORS ....
3. Colony Survey.
4. Division of Trinidad.
5. CROWN LANDS ... ...
6. Crown Grants and Leases (R-Issue).
7. Resumption of Land.
T.-VIII.


No.
4.
5.
6.
7.
8.
9.


PAGE
..... 157
... 160



... 162


164
185
187

208


... 222


... ... 236


7x7



XV








xvi Contents.

CHAPTER 27--continued.
No. PAGE
8. Letting of Houses (Implied Terms).
9. Three Chains (Tobago).
10. Land Acquisition.
11. Real Property.
12. Coivcyancing and Law of Property.
13. Married Women's Property.
14. Partition.
15. LEASES AND SALES OF SETTLED ESTATES ... 237
16. LANDLORD AND TENANT ... ... ... 239
17. Summary Ejectment.
18. RENT RESTRICTION ... ... ... ... 241
19. Rent Restriction (Serviced Premises).
20. Rent Restriction (Short Tenancies).
21. Mortgages of Produce.


CHAPTER 28.
REGISTRATION OF DEEDS.
1. Registrar General.
2. Registration of Deeds.
3. Tobago Deeds.


CHAPTER 29.
STATUS.
1. Births and Deaths Registration.
2. Marriage.
3. Deceased Wife's Sister's Marriage.
4. Muslim Marriage and Divorce Registration.
5. *Hindu Marriage.
6. Registers of Births, Deaths and Marriages.
7. ADOPTION OF CHILDREN ... ... ... 262
8. Census.


*







Contents. xvii

CHAPTER 30.
CONTROL OF VARIOUS MATTERS.
No. PAGE
1. ADVERTISEMENTS REGULATION ... ... 275
2. FACTORIES ... ... ... ... ... 287
3. *GAS CYLINDERS (USE, CONVEYANCE AND
STORAGE) ... ... ... ... ... 324
4. EXPLOSIVES ... ... ... ... ... 325
5. Firearms and Ammunition.
6. Food and Fuel Control.
7. Old Metal and Marine Stores.
8. Newspapers.
9. THEATRES AND DAMiCE HALLS ... ... 334
10. *Cinematograph.
11. Cinematograph Entertainments (Maximum
Charges).
12. *Boxing Control.
13. Street Collectidns (Control).
14. Licensing of Dealers (Precious Metals and Stones).
15. *ELECTRIC INSTALLATIONS (BUILDINGS) ... 335
16. ELECTRICITY (INSPECTION) ... ... ... 336
17. SLEEPING ACCOMMODATION (CONTROL OF
CHARGES) ... ... ... ... ... 342
18. SERVICES (CHARGES CONTROL) ... ... 347
19. Limeoil (Control of Manufacture).
20. Motion Picture Films (Carriage and Storage).
21. Pool Betting.

CHAPTER 31.
TRADE AND COMMERCE.
1. *Companies.
2. Partnership.
3. REGISTRATION OF BUSINESS NAMES ... ... 348
4. Mercantile Law.
5. Bills of Exchange.
6. Bills of Lading.
b (2)








xI_-Ii otn


CHAPTER 31--continued.


No.
7. *Carriage of Goods by Sea.
8. Bills of Sale.
9. Sale of Goods.
10. Auctioneers.
11. MONEYLENDERS ... .
12. *Pawnbrokers.
13. *Rural Pedlars.
14. *Shops (Hours of Opening and
15. WEIGHTS AND MEASURES
16. Copyright.
17. Merchandise Marks.


PAGE




... ... ... 361


Employment).
... ... ... 363


18. PATENTS, DESIGNS AND TRADE MARKS
19. ASSURANCE COMPANIES ... ...


CHAPTER 32.
CUSTOMS AND EXCISE.
Customs and Excise Department.
CUSTOMS ... ... ...
IMPORTATION OF TEXTILES (QUOTAS) ...
COcoA (IMPORT AND EXPORT) ... .
Asphalt Export Duty.
EXPORTATION OF FRUIT ...
Plant (Export Prohibition).
EXCISE (GENERAL PROVISIONS)... .
SPIRITS AND SPIRIT COMPOUNDS ...


Brewery.
LIQUOR LICENCES
*Registration of Clubs.
Copra Products Control.
Limes Export Levy.


15. HOTELS (DEVELOPMENT ENCOURAGEMENT)
16. Control of Importation of Live Fish.


1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.


... 365
... 368


... 369
... 499
... 504

... 506


509
520


... ... ... ... 530


563


xviii


Contents.







Contents. xix

CHAPTER 33.
PUBLIC REVENUE.
No. PAGE
1. INCOME TAX ... ... ... ... ... 566
2. INCOME TAX (IN AID OF INDUSTRY) ... ... 572
3. Aid to Pioneer Industries.
4. STAMP DUTY ... ... ... ... ... 576
5. *ESTATE AND SUCCESSION DUTIES ... ... 580
6. Estate and Succession Duties (Killed in War).
7. Lands and Buildings Taxes.
8. RATES, AND CHARGES RECOVERY ... ... 582
9. Cocoa Subsidy (Special Taxation).
10. Cinematograph Entertainment Tax.
11. Taxes Exemption.
12. Casual Revenue.
13. Rates, Taxes and Licences (Payment by Cheque).
14. ExcESs PROFITS TAX ... ... ... ... 583
15. Excess Profits Tax (Termination of Operation).
16. EXCEss PROFITS TAX (POST-WAR REFUNDS) ... 586

CHAPTER 34.
PUBLIC LOANS.
1. General Loan and Inscribed Stock.
2. General Local Loan.
3. General Local Loan (Municipal Corporations).
4. Trustee Investments in Government Securities.

CHAPTER 35.
CURRENCY AND BANKING.
1. Treasury Bills.
2. Currency.
3. BANKERS LICENCES AND BANK NOTES ... 588
4. Local Savings Banks.
5. *Post Office Savings Bank.
6. Government Currency Notes.








Contents.


CHAPTER 36.
POSTAL AND TELECOMMUNICATION.
NO. PAGE
1. POST OFFICE ... ... ... ... ... 589
2. *Wireless Telegraphy.
3. Cable and Wireless (West Indies) Limited.
4. Trinidad Consolidated Telephones Limited.
5. Production of Telegrams.




CHAPTER 37.
PUBLIC UTILITIES CORPORATIONS.
1. *CENTRAL WATER DISTRIBUTION AUTHORITY... 631
2. SLUM CLEARANCE AND HOUSING ... ... 632
3. Slum Clearance and Housing (Temporary Pro-
visions).
4. TOWN AND REGIONAL PLANNING ... ... 634
5. Trinidad and Tobago Electricity Commission.




CHAPTER 38.
BENEVOLENT ASSOCIATIONS.
1. Building Societies.
2. *Friendly Societies.
3. *Friendly Societies Housing Corporation.
4. CREDIT UNION SOCIETIES ... ... ... 641







vvi


CHAPTER 39.
MUNICIPAL GOVERNMENT AND
COUNTY COUNCILS.
No. PAGE
1.. *PORT-OF-SPAIN CORPORATION ... ... ... 653
2. St. James Area Improvement.
3. Dry River.
4. Belmont Improvement Rate.
5. East Dry River Improvement Area.
6. Port-of-Spain Corporation (Electricity).
7. *SAN FERNANDO CORPORATION ... ... ... 677
8. SAN FERNANDO RECREATION. GROUNj ... 691
9. San Fernando Electric Works.
10. San Fernando and Arima Hucksters, Pedlars
and Porters.
11. *ARIMA CORPORATION ... ... ... ... 692
12. Municipal Elections.
13. Municipal Corporations (Pensions).
14. PRINCE'S BUILDING ... ... ... ... 702
15. *COUNTY COUNCILS ... ... ... ... 706

CHAPTER 40.
DISTRICT ADMINISTRATION.
1. Wardens.
2. Towns and Villages (Definition).
3. RECREATION GROUNDS AND PASTURES ... 716
4. COUNTRY MARKETS ... ... ... ... 723

CHAPTER 41.
PRIVATE ORDINANCES.
1. Boy Scouts Association.
2. Girl Guides. Association.
3. La Brea Jetty and Tramway.
4. Montreal Trust Company.
5. Carenage Pier.


Cntentswi








xxii Contents.

CHAPTER 42.
MISCELLANEOUS.
NO. PAGE
1. Public Holidays.
2. PUBLIC LIBRARY ... ... ... ... ... 729
3. CARNEGIE FREE LIBRARY ... ... ... 734
4. CENTRAL LIBRARY OF TRINIDAD AND TOBAGO 737
5. Races.
6. QUEEN'S PARK ... ... ... ... ... 740
7. Trading with the Enemy.
8. *Patents, Designs, Copyrights and Trade Marks
(Emergency).
9. DIPLOMATIC PRIVILEGES (EXTENSION) ... 743



CHAPTER 43.
UNITED STATES BASES.
1. UNITED STATES BASES (TEMPORARY PROVI-
SIONS) ... ... ... ... ... ... 764
2. United States Counsel.







APPENDIX.
CROWN LANDS REGULATIONS... ... ... -... 766
LAND (OIL MINING) REGULATIONS ... ... ... 788
SUBMARINE AREAS OF THE GULF OF PARIA
(ANNEXATION) ORDER ... ... ... ... 833
SUBMARINE (OIL MINING) REGULATIONS ... ... 835
CROWN LANDS FOREST PRODUCE RULES ... ... 851









Trindad and Tobago (Constitution) Order in Council, 1950.








STATUTORY INSTRUMENTS.

1950 No. 510 G.N. 91-

TRINIDAD AND TOBAGO. 1950.

THE TRINIDAD AND TOBAGO (CONSTITUTION) ORDER IN COUNCIL, 1950.

Made ... ... ... ... 31st March, 1950.
Laid before Parliament ... ... 3rd April, 1950.
Coming into Operation :-
Sections 68 and 70-4th April, 1950.
Remainder except Part II-
On the commencement of the Trinidad and
Tobago Letters Patent, 1950.*
Part II-
On a day to be appointed by Order of the
Governor under section 27.t

At the Court at Windsor Castle.

The 31st day of March, 1950.

PRESENT:
THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS, by the Letters Patent mentioned in Part 1 of the First Schedule to this
Order, there are established in and for the Colony of Trinidad and Tobago an
Executive Council, to be constituted in accordance with provision made by Instructions
.under the Royal Sign Manual and Signet, and a Legislative Council, to be constituted
in accordance with provision made by Order in His Majesty's Privy Council:
And Whereas, by the Orders in Council mentioned in Part 2 of the First Schedule
to this Order, provision is made for the constitution of the Legislative Council
aforesaid:
And Whereas upon the commencement of the Trinidad and Tobago Letters
Patent, 1950, the Letters Patent mentioned in Part 1 of the First Schedule to this
,Order will be revoked:
And Whereas it is expedient to revoke the Orders in Council mentioned in Part 2
of the.First Schedule to this Order and by this Order to establish, and make provision
for the constitution of, an Executive Council and a Legislative Council in and for
the Colony of Trinidad and Tobago in place of the Executive Council and Legislative
Council aforesaid, and to make certain other provisions for the Government of the
said Colony:
Now, therefore, His Majesty, by virtue and in exercise of the.powers vested in
Him by the Trinidad and Tobago Act, 1887 (a), and of all other powers enabling

G.N. 233-1950, proclaimed commencement as 31st August, 1950.
t G.N. 272-1950, Order appointing 19th October, 1950, for Part II to come
ito operation.
(a) 50 & 51 Vict. c. 44.
T.-VIII. 1









2 Trinidad and Tobago (Constitution) Order in Council, 1950.


Him in that behalf, is pleased, by and with the advice of His Privy Council, to'
order, and it is hereby ordered as follows:-


PART 1.

PRELIMINARY.
Interpre- 1. (1) In this Order, unless the context otherwise requires-
tation. the appointed day means the day appointed under Article 2 of the
Trinidad and Tobago Letters Patent, 1950;
the Colony means the Colony of Trinidad and Tobago;
clear income means the gross income received by a person for his own.
use, less such outgoings and expenses incurred by him in the production of
the income as would be allowable as deductions in arriving at a chargeable
income under the provisions of any Income Tax Ordinance, or. any regulation
made thereunder, in force in the Colony;
dollars means dollars in the currency of the Colony;
election means an election of Members to the Legislative Council and
elector means an elector for any such election;
the Executive Council means the Executive Council established by this.
Order;
the existing Letters Patent means the Letters Patent mentioned in
Part 1 of the First Schedule to this Order;
the existing Orders means the Orders in Council mentioned in Part 2 of
the First Schedule to this Order;
the Gazette means the Trinidad Royal Gazelle;
the Governor" means the Governor and Commander-in-Chief of the
Colony and includes the officer for the time being administering the Government
and, to the extent to which a Deputy for the Governor is authorized to act,
that Deputy;
the Instructions of 1924 means the Instructions issued under the Royal
Sign Manual and Signet to the Governor and Commander-in-Chief of the Colony
and dated the sixth day of June, 1924, as amended by Additional Instructions
dated the fifth day of August, 1941;
the Legislative Council means the Legislative Council established by
this Order;
minister of religion means any person in holy orders and any other
person the functions of whose principal occupation include teaching or preaching
in any congregation for religious worship;
public office means any office of emolument in the public service;
public officer means the holder of any public office and includes any
person appointed to act in any such office;
the Public Seal means the Public Seal of the Colony;
the public service means the service of the Crown in respect of the
government of the Colony;
session means the sittings of the Legislative Council commencing when
the Council first meets after being constituted under this Order, or after its
prorogation or dissolution at any time, and terminating when the Council is
prorogued or is dissolved without having been prorogued;
sitting means a period during which the Legislative Council is sitting
continuously without adjournment, and includes any period during which
the Council is in committee;
the Speaker and the Deputy Speaker mean respectively the Speaker
and the Deputy Speaker of the Legislative Council.
(2) Where in this Order reference is made to any officer by the term designating
his office, such reference shall be construed as a reference to the officer for the time
being lawfully discharging the functions of that office.









Trinidad and Tobago (Constitution) Order in Council, 1950. 3


(3) References in this Order to His Majesty's dominions shall have effect as
if they included references to all British protectorates and British protected states
and to all territories administered by the Government of any part of His Majesty's
dominions under the trusteeship system of the United Nations.
(4) (a) For the purposes of this Order a person shall not be considered to
hold an office of emolument under the Crown by reason only that he is in receipt
of a pension or other like allowance in respect of service under the Crown; and if
it shall be declared by any law in force in the Colony that an office shall not be
an office of emolument under the Crown for all or any of the purposes of this Order,
this Order shall have effect accordingly as if such law were enacted therein.
(b) For the purposes of this Order a person shall not be considered to
be a public officer or otherwise to hold office of emolument under the Crown by
reason of the fact that he is in receipt of a salary or other emoluments in respect
of his tenure of the office of Speaker, Deputy Speaker, Minister, Acting Minister,
Member of the Legislative Council or Member of the Executive Council.
(5) This Order shall be construed-
(a) as if subsection (1) of Section 1 of the India (Consequential Provision)
Act, 1949 (b), applied to it in the same way as that subsection applies to laws
in force on the date mentioned in that subsection; and
(b) as if subsection (2) of Section 3 of the British Nationality Act, 1948 (c)
(as interpreted by subsection (1) of Section 3 of the Ireland Act, 1949 (d) and
subsection (2) of Section 3 of the Ireland Act, 1949 (d), applied to it as those
subsections apply to laws in force at the dates of the commencement of those
Acts respectively.
(6) Save as in this Order otherwise provided, or required by the context, the
Interpretation Act, 1889 (e), shall apply for the interpretation of this Order as it
applies for the interpretation of an Act of Parliament.
2. This Order may be cited as the Trinidad and Tobago (Constitution) Order in Short title
Council, 1950. It shall be published in the Gazette and, save as otherwise expressly and com-
provided in this Order, shall come into operation on the appointed day. mencement.

3. The existing Orders are hereby revoked but without prejudice to anything Revocation.
lawfully done thereunder.

PART II.
EXECUTIVE COUNCIL.
General.
4. There shall be an Executive Council in and for the Colony, which shall consist Executive
of the Governor, as Chairman, three ex-officio Members, one Nominated Member Council.
and five Elected Members.
5. (1) The Executive Council shall be the principal instrument of policy and shall Functions of
perform such functions and duties, and exercise such powers, as may from time Executive
to time be prescribed by or under this Order, any other Orders of His Majesty Council and
in Council, any Instructions under His Majesty's Sign Manual and Signet or, subject exercise of
to the provisions of this Order and of such other Orders and Instructions as aforesaid, Governor's
by or under any other law in force in the Colony. Powers.
(2) The Governor shall, save as otherwise provided by any Instructions under
His lajesty's Sign Manual and Signet-
(a) consult with the Executive Council in the exercise of all powers conferred
upon him by this Order other than powers which he is by this Order directed
or empowered to exercise in his discretion; and
(b) act in accordance with the advice of the Executive Council in any matter
on which he is by this subsection obliged to consult with the Executive Council.

(b) 12, 13 & 14 Geo. 6, c. 92. (c) 11 & 12 Geo. 6, c. 56.
(d) 12 & 13 Geo. 6, c. 41. (e) 52 & 53 Vict. c. 63.
1 (2)










4 Trinidad and Tobago (Constitution) Order in Council, 1950.


(3) Nothing in subsection (2) of this section shall be construed as applying
to matters for which provision is made by subsection (1) of section 17, or by section 56,
of this Order.

Ex-officio 6. The ex-officio Members of the Executive Council shall be the Colonial Secretary,
Members. the Attorney General and the Financial Secretary.

Nominated 7. (1) The Nominated Member of the Executive Council shall be a person who
Member. is a Nominated Member of the Legislative Council and shall be appointed by the
Governor, acting in his discretion, by Instrument under the Public Seal.
(2) The Governor shall forthwith report to His Majesty through a Secretary
of State the appointment of any person to be Nominated Member of the Executive
Council.

Elected 8. (1) The Elected Members of the Executive Council shall be persons who are
Members. Elected Members of the Legislative Council and shall be elected to the Executive
Council in accordance with the provisions of this section.
(2) The Legislative Council shall, not later than its third sitting after the
commencement of this Order and after every dissolution of the Legislative Council,
elect from among the Elected Members thereof five persons to be Elected Members
of the Executive Council.

Tenure of 9. (1) Subject to the provisions of this Order, the Nominated Member of the
Office. Executive Council shall hold his seat in the Executive Council during His Majesty's
pleasure.
(2) The Legislative Council may, by resolution in favour of which there are
cast the votes of not less than two-thirds of all the Members of the Legislative
Council, revoke the election to the Executive Council of any Elected Member
thereof, and, upon the passing of such resolution, the seat of such Member in the
Executive Council shall become vacant.
(3) The seat of the Nominated Member or an Elected Member of the Executive
Council shall in any case become vacant-
(a) if he shall cease to be a Member of the Legislative Council: Provided
that, if a Member of the Executive Council shall cease to be a Member of the
Legislative Council by reason of a dissolution of that Council, he shall not on
that account vacate his seat in the Executive Council until such time as the
Legislative Council shall, after such dissolution, elect any person to be a Member
of the Executive Council in pursuance of subsection (2) of section 8 of this
Order; or
(b) if he shall be absent from the Colony without written permission given
by the Governor acting in his discretion.
(4) The Nominated Member or an Elected Member of the Executive Council
may, by writing under his hand addressed to the Governor, resign his seat in the
Executive Council, and upon receipt of such resignation by the Governor the seat
of such Member shall become vacant.
(5) A person whose seat in the Executive Council has become vacant may, if
qualified, again be appointed or elected as a Member of the Executive Council from
time to time.
(6) The Governor, acting in his discretion, may by Instrument under the Public
Seal suspend the Nominated Member of the Executive Council from the exercise
of his functions as a Member of the Executive Council and while such suspension
is in force the person suspended shall not sit or vote in the Executive Council.
Every such suspension shall forthwith be reported by the Governor to His
Majesty through a Secretary of State and shall remain in force until it shall be
removed by the Governor, acting in his discretion, by Instrument under the Public
Seal or by His Majesty through a Secretary of State, or until the person suspended
ceases to be a Member of the Executive Council.
(7) The Governor may, by Instrument under the Public Seal, declare the
Nominated Member or an Elected Member of the Executive Council to be, by reason









Trinidad and Tobago (Constitution) Order in Council, 1950. 5


of illness, temporarily incapable of discharging his functions as a Member of the
Executive Council and thereupon such Member shall not sit or vote in the Executive
Council until he is declared in manner aforesaid again to be capable of discharging
his said functions.

10. All question which may arise as to the right of any person to be or remain Decision of
a Member of the Executive Council shall be referred to the Governor and shall be questions
determined by the Governor acting in his discretion, as to
membership.
11. (1) Whenever the seat of the Nominated Member of the Executive Council Filling of
becomes vacant the vacancy shall be filled by appointment by the Governor in vacancies.
accordance with the provisions of this Order.
(2) Whenever the seat of an Elected Member of the Executive Council becomes
vacant from any cause other than a dissolution of the Legislative Council, the
Legislative Council shall, as soon as is convenient, elect a person from among
the Elected Members thereof to fill the vacancy.

12. (1) Whenever there shall be a vacancy in the number of persons sitting in Temporary
the Executive Council by reason of the fact that- Members.
(a) an ex-oficio Member is administering the Government of the Colony; or
(b) one person is lawfully discharging the functions of more than one of tRe
three officers referred to in section 6 of this Order; or
(c) no person is lawfully discharging the functions of one of those officers; or
(d) the Nominated Member is suspended from the exercise of his functions
as a Member under subsection (6) of section 9 of this Order; or
(e) a Member is declared by the Governor under subsection (7) of section 9
of this Order to be, by reason of illness, temporarily incapable of discharging
his functions as a Member; or
(f) a Member is absent from the Colony;
a person may be appointed or elected to be a Temporary Member of the Executive
Council for the period of such vacancy.
(2) The said person-
(a) in the case of a vacancy in the number of persons sitting in the Executive
Council as ex-oficio Members, shall be a person who is a public officer and shall
be appointed by the Governor, acting in his discretion, by Instrument under
the Public Seal;
(b) in the case of a vacancy in respect of the person sitting in the Executive
Council as Nominated Member, shall be appointed by the Governor, acting in
his discretion, by Instrument under the Public Seal from among the Nominated
Members of the Legislative Council; and '
(c) in the case of a vacancy in the number of persons sitting in the Executive
Council as Elected Members, shall be elected by the Legislative Council from
among the Elected Members thereof.
(3) (a) The Governor shall forthwith report to His Majesty through a Secretary
of State every appointment made under paragraph (a) or paragraph (b) of
subsection (2) of this section, and every p-rscn so appointed shall hold his appointment
during His Majesty's pleasure.
(b) Any such appointment may be revoked by the Governor, acting in his
discretion, by Instrument under the Public Seal.
(4) (a) So long as their appointments shall subsist, persons appointed under
paragraph (a) of subsection (2) of this section shall, for the purposes of this Order
but subject to the provisions of this section, be deemed to be ex-officio Members
of the Executive Council.
(b) So long as their appointments or elections shall subsist, persons
appointed under paragraph (b), and persons elected under paragraph (c), of
subsection (2) of this section shall, for the purposes of this Order but subject to
the provisions of this section, be deemed to be Nominated and Elected Members,
respectively, of the Executive Council; and, subject as aforesaid, the provisions of
section 9 of this Order shall have effect accordingly.










6 Trinidad and Tobago (Constitution) Order in Council, 1950.


(5) An appointment made under this section shall cease to have effect on
notification by the Governor to the person appointed of its revocation by the
Governor, and an appointment or election made under this section shall cease to
have effect on its supersession by the definitive appointment or election, as the case
may be, of a person to fill the vacancy, or when the vacancy shall otherwise cease
to exist.

Method of 13. In any election of a Member of the Executive Council under subsection (2) of
election and section 8, or under subsection (2) of section 11, or under paragraph (c) of subsection (2)
removal of of section 12, of this Order, and on any motion for the removal of an Elected Member
Elected of the Eiecutive Council under subsection (2) of section 9 of this Order, the votes
Members. of the Members of the Legislative Council shall be given by ballot in such a manner
as not to disclose how any particular Member shall vote.

Precedence 14. (1) After the Governor the Members of the Executive Council shall take
of Members. precedence as His Majesty may specially assign and, if precedence be not so assigned,
as follows:-
First, the ex-oficio Members mentioned in section 6 of this Order in the order
in which they are referred to therein;
Secondly, Members temporarily appointed under section 12 of this Order to
fill a vacancy in the number of persons sitting in the Council as ex-oficio Members,
in such order as may be assigned by the Governor acting in his discretion;
Thirdly, the Nominated Member and the Elected Members according to the
length of time for which they have been continuously Members of the Executive
Council. Members who have been continuously Members for'the same length
of time taking precedence according to the alphabetical order of their names.
(2) In ascertaining, for the purposes of subsection (1) of this section, the length
of time for which any person shall have been continuously a Member of the Executive
Council-
(a) no account shall be taken of any interval between the vacation by that,
person of his seat in the Executive Council in consequence of a dissolution of
the Legislative Council and the date of his appointment or election to fill
a vacancy in the Executive Council caused Iy that dissolution; and
(b) if any person, having been, for any period immediately before the date
upon which the Executive Council established by the existing Letters Patent
ceases to exist, a Member of that Council, becomes a Member of the Executive
Council as first appointed and elected under this Order, he shall be deemed to
have been a Member of the Executive Council during that period; and no
account shall be taken of any interval between the end of that period and
the date upon which such person is first appointed or elected as a Member of
the Executive Council under this Order.

Presiding in 15. The Governor shall, so far as is practicable, attend and preside at all meetings
Executive of the Executive Council, and in his absence such Member as the Governor, acting
Council. in his discretion, may appoint or, in the absence of such Member or if no Member
be so appointed, the Member present who stands first in order of precedence, shall
Executive preside.
I'xecutive
Council may 16. The Executive Council shall not be disqualified for the transaction of business
transact by reason of any vacancy among the Members thereof and any proceedings therein
business not- shall be valid notwithstanding that some person, who was not entitled so to do, sat
withstanding or voted in the Council or otherwise took part in the proceedings.
vacancies.
Summoning 17. (1) The Executive Council shall not be summoned except by the authority
and quorum. of the Governor, but shall be so summoned on the written request of at least five
Members of the Executive Council.
(2) No business except that of adjournment shall be transacted in the
Executive Council if objection is taken by any Member present that there are
less than four Members present besides the Governor or other Member presiding.


18. Where any matter is dependent upon the decision of the Executive Council,
any decision shall be regarded as the decision of the Executive Council if-a majority


Voting.










Trinidad and Tobago (Constitution) Order in Council, 1950. 7


-of the votes of the Members present and voting are cast in favour thereof. The
Governor shall not have an original vote but, if upon any question the votes shall
be equally divided, he may, acting in his discretion, give a casting vote. In the
.absence of the Governor, the Member presiding shall have an original vote and may
also, if upon any question the votes Ahall be equally divided, give a casting vote.
19. There may be established, by qr in pursuance of any Instructions under His Committee
Majesty's Sign Manual and Signet and subject to the provisions of any such of Executive
Instructions, a committee of the Executive Council to exercise such functions, in Council.
.such manner, as may be prescribed by or in pursuance of any such Instructions.

Administrative functions of Members of Executive Council.
20. (1) The Governor, acting in his discretion, may by directions in writing- Assignment
(a) charge any ex-officio Member of the Executive Council with the of depart-
administration of any department or subject; ments.
(b) declare which departments or subjects may be assigned to Members of
th1 Executive Council other than ex-offico Members; and
(c) revoke or vary any directions given under this subsection.
(2) The Governor may by directions in writing-
(a) charge any member of the Executive Council, other than an ex-officio
Member, with the administration ofany department or subject during such time
as it shall be declared under paragraph (b) of subsection (1) of this section, to
be a department or subject which may be assigned to Members other than
cx-officio Members; and
(b) revoke or vary any directions given under this subsection.
21. A Member of the Executive Council, other than an ex-oficio Member, shall, Ministers.
while charged with the administration of any department or subject under the
provisions of section 20 of this Order, be styled a Minister.

22. Unless it shall be otherwise provided by any law in force in the Colony- Salaries of
(a) a Minister shall be paid a salary at the rate of six thousand seven hundred Ministers
and twenty dollars per annum; and other
Members of
(b) a Member of the Executive Council, other than an ex-oqicio Member or Executive
at Minister, shall be paid a salary at the rate of four thousand eight hundred Council.
4lollars per annum;
(c) the aforesaid salaries shall be in lieu of any salary to which the Minister
or Member would, but for this section, be entitled by virtue of his being a
Member of the Legislative Council;
(d) the aforesaid salaries are hereby charged upon the revenues of the Colony
and shall be paid by the Accountant General upon warrant directed to him
under the hand of the Governor.
23. (1) (a) If it shall be decided by the Governor, acting in his discretion, that Temporary
1an x-officio Member of the Executive Council is for any cause temporarily unable assignment
to administer any department or subject with the administration of which he is of depart-
charged, then the Governor, acting in his discretion, may by directions in writing ments;
(;nd notwithstanding that the department or subject is anot declared, under Acting
iparagraph (b) of subsection (1) of section 20 of this Order to be a department or Ministers.
subject which may be assigned to Members other than ex-oficio Members) charge
*lny other Member of the Executive Council with the administration of that
department or subject until such time as the said ex-officio Member is declared by
the Governor, acting in his discretion, again to be able to administer the same.
The Governor, acting in his discretion, may by directions in writing, revoke or
vary any directions given under this paragraph.
(b) If it shall be decided by the Governor that a Minister is for any cause
temporarily unable to administer any department or subject with the administration
of which he is charged, then the Governor may by directions in writing charge any
other Member of the Executive Council with the adminsitration of that department










8 Trinidad and Tobago (Constitution) Order in Council, 1950.


or subject until such time as the said Minister is declared by the Governor again
to be able to administer the same.
The Governor may, by directions in writing, revoke or vary any directions given
under this paragraph.
(2) A Member of the Executive Council (other than an ex-officio Member or
a Minister), while charged with the administration of any department or subject
under the provisions of this section, shall be styled an Acting Minister and shall
be paid such emoluments as may be provided for by any law in force in the Colony.

Governor's 24. There shall be an officer to be styled the Governor's Secretary and Clerk to-
Secretary the Executive Council, who shall be appointed by the Governor acting in his discretion.
and Clerk to The said officer-
Executive
Council. (a) in his capacity as Governor's Secretary, shall have such functions as the
Governor, acting in his discretion, may from time to time direct; and
(b) in his capacity as Clerk to the Executive Council shall be responsible for
arranging the business for, and keeping the minutes of, meetings of the Executive
Council and for conveying the decisions of the Governor in Executive Council
to the appropriate person or authority, and shall have such other functions
as the Governor may from time to time direct.

Disagree- 25. (1) If the public officer who is for the time being head of any department shall,
ment on any question relating to the administration of the department, disagree with the
between Minister who is charged with the administration of the department, then-
Minister and (a) the said officer may submit to the Minister, in writing, a statement of
head of his reasons for disagreeing with the Minister and of his own recommendations.
department. on the question at issue;
(h) the Minister shall send to the Governor's Secretary and Clerk to the
Executive Council a copy of such statement together with any written statement
which he himself may wish to make on the question at issue; and
(c) the question shall be considered at a meeting of the Executive Council
and shall be disposed of as the Governor may direct.
(2) In this section the expression Minister includes an Acting Minister.

Leave of 26. The Governor, acting in his discretion, may grant leave of absence from his.
absence. duties to any Minister or Acting Minister.

PART 111.
COMMENCEMENT OF PART 11, AND TRANSITIONAL PROVISIONS FOR THE
EXERCISE OF GOVERNOR'S POWERS.

Commence- 27. Part II of this Order shall come into operation on such day after the appointed!
ment of day as the Governor, acting in his discretion, shall by order appoint, and thereupon
Part 11. the Executive Council established by the existing Letters Patent (hereafter in this
Part called the existing Executive Council ") shall cease to exist.

Governor's 28. Whenever the Governor shall have occasion, before the commencement of
powers. Part 11 of this Order, to exercise any power conferred upon him by any other Part
of this Order, then, unless the power is one which he is by this Order directed or
empowered to exercise in his discretion, he shall, in the exercise of the power, consult
with the existing Executive Council in such circumstances, and on such conditions,
as may be prescribed by such provisions of the Instructions of 1924 as may at that
time have effect.
PART IV.
LEGISLATIVE COUNCIL.
Legislative 29. There shall be a Legislative Council in and for the Colony which shall consist
Council. of a Speaker, three ex-oficio Members, five Nominated Members and eighteen Elected
Members.









Trinidad and Tobago (Constitution) Order in Council, 1950. 9


30. (1) The Speaker shall be a person who is not an ex-officio, Nominated, or The Speaker
Elected Member of the Legislative Council and who does not hold any office of
emolument under the Crown, and shall be appointed by the Governor, acting in
his discretion, by Instrument under the Public Seal.
(2) The Speaker shall hold office during His Majesty's pleasure and, subject
thereto, for such period as may be specified in the instrument by which he is
appointed, and shall not vacate his office by reason of a dissolution of the Legislative
Council:
Provided that the Speaker may, by writing under his hand addressed to the
Governor, resign his office; and upon receipt of such resignation by the Governor
the office of Speaker shall become vacant.
31. (1) The Legislative Council shall- Deputy
(a) at its first sitting in every session; and Speaker.
(b) at its first sitting after the occurrence of a vacancy in the office of Deputy
Speaker;
or as soon thereafter as may be convenient, elect as Deputy Speaker of the Legislative
Council one of its own Members, who is not a Member of the Executive Council.
(2) A person shall, if qualified, be eligible for re-election to the office of Deputy
Speaker from time to time.
(3) The Deputy Speaker shall, unless he earlier vacates his office under the
provisions of this Order, hold office until some other person is elected as Deputy
Speaker under paragraph (a) of subsection (1) of this section.
(4) (a) A person shall vacate the office of Deputy Speake--
(i) upon ceasing to be a member of the Legislative Council; or
(ii) upon becoming a member of the Executive Council.
(b) The Deputy Speaker may by writing under his hand addressed to
lhe Speaker or, in the absence of the Speaker or if there shall be no Speaker, to
tlhe Clerk of the Legislative Council, resign his office; and upon receipt of such
resignation by the Speaker or by the Clerk of the Council, as the case may be, the
,ofice of Deputy Speaker shall become vacant.
(5) In any election of a Deputy Speaker under this section the votes of the
Members of the Legislative Council shall be "given by ballot in such a manner as
not to disclose how any particular Member shall vote.
32. (1) The Speaker shall be paid a salary at the rate of five thousand seven Emoluments
hundred and sixty dollars per annum and the Deputy Speaker shall, in addition of Speaker
to any emoluments which he may receive by virtue of his being a Member of the and Deputy
legislative Council, be paid an allowance at the rate of nine hundred and sixty Speaker.
dollars per annum. The said salary and allowance are hereby charged on the revenues
of the Colony and shall be paid by the Accountant General upon warrant directed
to him under the hand of the Governor.
(2) Nothing in this section shall prevent the payment to the Speaker or
Deputy Speaker of such emoluments in excess of the aforesaid salary or allowance
as may be provided for by any law in force in the Colony.
33. The ex-officio Members of the Legislative Council shall be the Colonial Ex-offcio
Secretary, the Attorney General and the Financial Secretary. Members.
34. (1) Subject to the provisions of section 37 of this Order, the Nominated Nominated
Members of the Legislative Council shall be British subjects of the age of twenty-one Members.
years or upwards and shall be appointed by the Governor, acting in his discretion,
by Instrument under the Public Seal.
(2) The Governor shall forthwith report to His Majesty through a Secretary
of State every appointment of any person to be a Nominated Member of the
Legislative Council.
35. The Elected Members of the Legislative Council shall be persons qualified Elected
for election in accordance with the provisions of this Order and elected in the manner Members.
provided by, or in pursuance of, any law enacted under this Order.











10 Trinidad and Tobago (Constitution) Order in Council, 1950.


Qualifica- 36. (1) Subject to the provisions of section 37 of this Order, any person who-
tions for (a) is a British subject of the age of twenty-one years or upwards; and
elected
membership. (b) has resided in the Colony for a period of at least two years immediately
before the date of his nomination for election or is domiciled in the Colony
and is resident there at the date aforesaid; and
(c) is able to speak and, unless incapacitated by blindness or other physical
cause, to read the English language with a degree of proficiency sufficient to
enable him to take an active part in the proceedings of the Legislative Council;
and
(d) (i) is in receipt of a clear income in his own right of not less than nine
hundred and sixty dollars per annum; or
(ii) is the owner in his own right of real estate (which for the purpose of
this sub-paragraph includes a leasehold interest) of the value of not less
than five thousand dollars over and above all charges and encumbrances in
respect thereof, or is in receipt of a clear income in his own right of not
less than four hundred and eighty dollars per annum derived from real
estate;
shall be qualified to be elected as an Elected Member of the Legislative Council,
and no other person shall be qualified to be so elected or, having been so elected,
shall sit or vote in the Legislative Council.
(2) Paragraph (d) of subsection (1) of this section and the definition of clear
income contained in subsection (1) of section 1 of this Order may be revoked or
amended by any law enacted under this Order; and if the said paragraph (d) shall
be so revoked the reference thereto in paragraph (j) of subsection (3) of section 38
of this Order shall cease to have effect.

Disqualifi- 37. (1) No person shall be qualified to be appointed as a Nominated Member or
cations for elected as an Elected Member of the Legislative Council who-
nominated (a) is, by virtue of his own act, under any acknowledgment of allegiance,
and elected obedience or adherence to a foreign Power or State; or
membership. (b) holds, or is acting in, any office of emolument under the Crown; or
(c) (i) in the case of a Nominated Member, is a party to, or a partner in
a firm, or a director or manager of a company, which is a party to, any
contract with the Government of the Colony for or on account of the
public service, and has not disclosed to the Governor the nature of such
contract and his interest, or t'he interest of any such firm or company,
therein; or
(ii) in the case of an Elected Member, is a party to, or a partner in
a firm, or a director or manager of a company, which is a party to, any
contract with the Government of the Colony for or on account of the
public scrivce, and has not, within one month before the day of election,
published in the English language in the Gazette and in a newspaper
circulating in the electoral district for which he is a candidate a notice
setting out the nature of such contract, and his interest, or the interest
of any such firm or company, therein; or
(d) is a minister of religion; or
(e) is an undischarged bankrupt, having been adjudged or otherwise declared
bankrupt under any law in force in any part of His Majesty's dominions; or
(f) is a person adjudged to be of unsound mind or detained as a criminal
lunatic under any law in force in the Colony; or
(g) has been sentenced by a court in any part of His Majesty's dominions to
death, or to imprisonment (by whatever name called) for a term exceeding
twelve months, and has not either suffered the punishment to which he was
sentenced or such other punishment as may by competent authority have been
substituted therefore, or received a free pardon; or
(h) in the case of an Elected Member, is disqualified for election by any law
in force in the Colony by reason of his holding, or acting in, any office the
functions of which involve-
(i) any responsibility for, or in connection with, the conduct of any
election; or










Trinidad and Tobago (Constitution) Order in Council, 1950. 11


(ii) any responsibility for the compilation or revision of any electoral
register; or
(j) is disqualified for membership of the Legislative Council by any law in
force in the Colony relating to offences connected with elections.
(2) Paragraph (d) of subsection (1) of this section and the definition of
" minister of religion contained in subsection (1) of section 1 of this Order may
be revoked or amended by any law enacted under this Order; and if the said
paragraph (d) shall be so revoked the reference thereto in paragraph (h) of
subsection (3) of section 38 of this Order shall cease to have effect.
38. (1) Subject to the provisions of this Order, every Nominated Member of the Tenure of
Legislative Council shall hold his seat in the said Council during His Majesty's office of
pleasure. Nominated
(2) Every Nominated or Elected Member of the Legislative Council shall in and Elected
any case cease to be a Member at the next dissolution of the Legislative Council Members.
after his appointment or election, or previously thereto if his seat shall become
vacant under the provisions of this Order.
(3) The seat of a Nominated or Elected Member of the Legislative Council
shall become vacant-
(a) upon is death; or
(b) if, in the case of a Nominated Member, he shall be absent from the sittings
of the Legislative Council for such period and in such circumstances as the
Governor, acting in his discretion, may by regulation prescribe; or
(c) if, being a Nominated Member, he is nominated as a candidate in any
election of a Member to the Legislative Council or, being an Elected Member,
is appointed as a Nominated Member of the Legislative Council; or
(d) if he shall cease to be a British subject; or shall take any oath, or make
any declaration or acknowledgment, of allegiance, obedience or adherence to
any foreign Power or State; or shall do, concur in or adopt any act done with
the intention that he shall become a subject or citizen of any foreign Power
or State; or
(e) if he shall become a party to any contract with the Government of the
Colony for or on account of the public service, or if any firm in which he is
a partner, or any company of which he is a director or manager, shall become
a party to any such contract, cr if he shall become a partner in a firm, or a
director or manager of a company, which is a party to any such contract:
Provided that, if in the circumstances it shall appear to him to them to
be just so to do, the Governor, acting in his discretion, majrxempt any
Nominated Member and the Legislative Council may exempt any Elected
Member from vacating his seat under the provisions of this paragraph, if such
Member shall, before becoming a party to such contract as aforesaid or before,
or as soon as practicable after, becoming otherwise interested in such contract
(whether as partner in a firm or director or manager of a company) disclose to
the Governor or to the Legislative Council, as the case may be, the nature of
such contract and his interest or the interest of any such firm or company
therein; or
(f) if he shall be adjudged or otherwise declared bankrupt under any law in
force in-any part of His Majesty's dominions; or
(g) if he shall be sentenced by a court in any part of His Majesty's dominions
to death or to imprisonment (by whatever name called) for a term exceeding
twelve months; or
(h) if he shall become subject to any of the disqualifications specified in
paragraphs (b), (d), (f) or (j) of subsection (1) of section 37 of this Order; or
(j) if, in the case of an Elected Member, he shall cease to have the qualifications
specified in paragraph (d) of subsection (1) of section 36, or shall become subject
to the disqualification specified in paragraph (h) of subsection (1) of section 37,
of this Order.
(4) A Nominated Member of the Legislative Council may by writing under
his hand addressed to the Governor, and an Elected Member of the Legislative
Council may by writing under his hand addressed to the Speaker, resign his seat










12 Trinidad and Tobago (Constitution) Order in Council, 1950.

in the Legislative Council, and upon receipt of such resignation by the Governor,
or by the Speaker or Deputy Speaker, as the case may be, the seat of such Member
shall become vacant.
(5) Any person whose seat in the Legislative Council has become vacant may,
if qualified, again be appointed or elected as a Member of the Legislative Council
from time to time.

Nominated 39. The Governor, acting in his discretion, may, by Instrument under the Public
Member Seal, declare a Nominated Member of the Legislative Council to be, by reason of
incapable of illness, temporarily incapable of discharging his functions as a Member of the
discharging Legisative Council, and thereupon such Member shall not sit or vote in the Legislative
functions. Council until he is declared, in manner aforesaid, again to be capable of discharging
his said functions.

Decision of 40. (1) All questions which may arise as to the right of any person to be or
questions as remain a Member of the Legislative Council, other than an Elected Member, shall
to member- be referred to the Governor and shall be determined by the Governor acting in
ship. his discretion.
(2) All questions which may arise as to the right of any person to be or
remain an Elected Member of the Legislative Council shall be referred to and
determined by the Supreme Court of the Colony in accordance with the provisions
of any law in force in the Colony.

Temporary 41. (1) Whenever there shall be a vacancy in the number of persons sitting in
Members, the Legislative Council as ex-officio or Nominated Members by reason of the fact
that-
(a) one person is lawfully discharging the functions of more than one of
the three officers referred to in section 33 of this Order; or
(b) no person is lawfully discharging the functions of any one of those
officers; or
(c) a Nominated Member is declared by the Governor, under section 39 of
this Order, to be, by reason of illness temporarily incapable of discharging his-
functions as a Member; or
(d) an ex-officio or Nominated Member is absent from the Colony;
a person may be appointed to be a Temporary Member of the Legislati\e Council
for the period of such vacancy.
(2) T said person-
Sin the case of a vacancy in the number of persons sitting in the
Legislative Council as ex-oficio Members, shall be a person who is a public
officer and shall be appointed by the Governor, acting in his discretion,,
by Instrument under the Public Seal; and
(b) in the case of a vacancy in the number of persons sitting in the
Legislative Council as Nominated Members, shall be a person qualified for
appointment as a Nominated Member and shall be appointed by the
Governor, acting in his discretion, by Instrument under the Public Seal.
(3) (a) The Governor shall forthwith report to His Majesty through a
Secretary of State every appointment made under this section, and every person
so appointed shall hold his appointment during His Majesty's pleasure.
(b) Any such appointment may be revoked by the Governor, acting in his-
discretion, by Instrument under the Public Seal.
(4) (a) So long as their appointments shall subsist, persons appointed under
paragraph (a) of subsection (2) of this section shall, for the purposes of this Order
but subject to the provisions of this section, be deemed to be ex-aoicio Members
of the Legislative Council.
(b) So long as their appointments shall subsist, persons appointed under
paragraph (b) of subsection (2) of this section shall, for the purposes of this Order
but subject to the provisions of this section, be deemed to be Nominated Members.
of the Legislative Council; and, subject as aforesaid, the provisions of section 38
of this Order shall have effect accordingly.










Trinidad and Tobago (Constitution) Order in Council, 1950. 13


(5) An appointment made under this section shall cease to have effect on
notification by the Governor to the person appointed of its revocation by the
*Governor, or on its supersession by the definite appointment of a person to fill the
vacancy, or when the vacancy shall otherwise cease to exist.
42. (1) The Governor shall, by writing under his hand, notify the Speaker of Governor to
every appointment of a person to be a Nominated Member of the Legislative Council. notify
(2) Whenever the seat of a Member of the Legislative Council becomes peain f
vacant under the provisions of subsection (3) of section 38 of this Order, the Speaker apont-
shall, by writing under his hand, report such vacancy to the Governor. Speaker t
(3) As occasion may require, a notification under subsection (1) of this section report
may be addressed to the Deputy Speaker and a report under subsection (2) of this vacancies.
section may be made by the Deputy Speaker.
43. (1) Whenever the seat of a Nominated Member of the Legislative Council Filling of
becomes vacant, the vacancy shall be filled by appointment by the Governor in vacancies.
accordance with the provisions of this Order.
(2) Whenever the seat of an Elected Member of the Legislative Council
becomes vacant, the vacancy shall be filled by election in accordance with the
provisions of this Order.
44. (1) Subject to the provisions of section 45 of this Order, any person shall be qualifica-
entitled to be registered as an elector in any one electoral district if he- tons of
(a) is a British subject of the age of twenty-one years or upwards; and electors.
(b) has resided in the Colony for a period of at least two years immediately
before the date of registration or is domiciled in the Colony and is resident
therein at that date; and
(c) has resided in the electoral district in which he claims to be registered
for a period of at least six months immediately before the date of registration.
(2) No person shall be registered as an elector in any electoral district who
is not entitled to be so registered under the provisions of this Order.
45. No person shall be entitled to be registered as an elector in any electoral Disqualifi-
district who-- cations of
(a) has been sentenced by a court in any part of His Majesty's dominions electors.
to death or to imprisonment (by whatever name called) for a term exceeding
twelve months, and has not either suffered the punishment to which he was
sentenced or such other punishment as may by competent authority have been
substituted therefore or received a free pardon; or
(b) is a person adjudged to be of unsound mind or detained as a criminal
lunatic under any law in force in the Colony.; or
(c) is disqualified for registration as an elector by any law in force in the
Colony relating to offences connected with elections.
46. Every person who is registered as an elector in any electoral district shall, Right to vote
while so registered, be entitled to vote at any election for that district and no person at elections.
shall vote at any election for any electoral district who is not registered as an elector
in that district:
Provided that nothing in this subsection shall entitle any person to vote at any
.election if-
(a) he is prohibited from so voting, by any law in force in the Colony, by
reason of his being a returning officer; or
(b) he is prohibited from so voting by any law in force in the Colony relating
to offences connected with elections.
47. Subject to the provisions of this Order, provision may be made, by or in Laws as to
pursuance of any law enacted under this Order, for the election of Elected Members elections, &c.
of the Legislative Council including (without prejudice to the generality of the
foregoing power) the following matters, that is to say:-
(a) the qualifications and disqualifications of electors;










14 Trinidad and Tobago (Constitution) Order in Council, 1950.


(b) the registration of electors;
(c) the ascertainment of the qualifications of electors and of candidates for
election;
(d) the division of the Colony into electoral districts for the purpose of
elections;
(e) the holding of elections;
(f) the determination of all questions which may arise as to the right of any
person to be or remain an Elected Member of the Legislative Council;
(g) the definition and trial of offences relating to elections and the imposition
of penalties therefore, including disqualification for membership of the Legislative
Council, or for registration as an elector, or for voting at elections, of any
person concerned in any such offence;
and any such law may amend or revoke any of the provisions of section 44 or of
section 45 of this Order.
PART V.
LEGISLATION AND PROCEDURE IN LEGISLATIVE COUNCIL.

Power to 48. Subject to the provisions of this Order, it shall be lawful for the Governor,
make laws. with the advice and consent of the Legislative Council, to make laws for the peace-
order and good government of the Colony.

Royal 49. Subject to the provisions of this Order, the Governor and the Legislative
Instructions. Council shall, in the transaction of business and the making, of laws, conform as
nearly as may be to the directions contained in any Instructions under His Majesty's.
Sign Manual and Signet which may from time to time be addressed to the Governor
in that behalf.

Standing 50. (1) Subject to the provisions of this Order and of any Instructions under His.
Orders. Majesty's Sign Manual and Signet, the Legislative Council may from time to time
make, amend and revoke Standing Qrders for the regulation and orderly conduct
of its own proceedings and the despatch of business, and for the passing, intituling
and numbering of Bills, and for the presentation thereof to the Governor for assent..
(2) The first Standing Orders of the Legislative Council shall be made by the
Governor, acting in his discretion, and may be amended or revoked by the Council
under subsection (1) of this section.

Presiding in 51. The Speaker, or in his absence the Deputy Speaker, or in their absence a
Legislative Member of the Legislative Council (not being a Member of the Executive Council)
Council. elected by the Legislative Council for the sitting, shall preside at the sittings of the
Legislative Council.
Council may 52. The Legislative Council shall not be disqualified for the transaction of business.
transact by reason of any vacancy among the Members thereof and any proceedings therein
business not- shall be valid notwithstanding that some person, who was not entitled so to do,.
withstanding sat or voted in the Council or otherwise took part in the proceedings.
vacancies.
Quorum. 53. No business except that of adjournment shall be transacted in the Legislative,
Council if objection is taken by any Member present that there are less than nine.
Members present besides the Speaker or other Member presiding.

Voting. 54. (1) Save as otherwise provided in this Order, all questions proposed for decision
in the Legislative Council shall be determined by a majority of the votes of the
Members present and voting, and if, upon any question before the Legislative
Council, the votes of the Members are equally divided the motion shall be lost.
(2) (a) The Speaker shall have neither an original nor a casting vote; and
(b) any other person, including the Deputy Speaker, shall, when
presiding in the Legislative Council, have an original vote but no casting vote.

Introduction 55. Subject to the provisions of this Order and of the Standing Orders of the
of Bills, &c. Legislative Council, any Member may introduce any Bill or propose any motion










Trinidad and Tobago (Constitution) Order in Council, 1950. 15


for debate in, or may present any petition to, the Legislative Council and the same
shall be debated and.disposed of according to the Standing Orders of the Legislative
Council:
Provided that, except with the recommendation or consent of the Governor
signified thereto, the Legislative Council shall not proceed upon any Bill, amend-
ment, motion or petition which, in the opinion of the Speaker or other Member
presiding, would dispose of or charge any public revenue or public funds of the
Colony, or revoke or alter any disposition thereof or charge thereon, or impose,
alter or repeal any rate, tax or duty.

56. (1) Subject to the provisions of subsection (2) of this section, if the Governor Governor's
shall consider that it is expedient in the interests of public order, public faith or reserved
good government (which expressions shall, without prejudice to their generality, power.
include the responsibility of the Colony as a territory within the British Common-
wealth of Nations, and all matters pertaining to the creation or abolition of any
public office or to the appointment, salary or other conditions of service of any
public officer) that any Bill introduced, or any motion proposed, in the Legislative
Council should have effect, then, if the Legislative Council fail to pass such Bill
or motion within such time and in such form as the Governor may think reason-
able and expedient, the Governor, at any time which he shall think fit, may,
notwithstanding any provisions of this Order or of any Standing Orders of the
Council, declare %bat such Bill or motion shall have effect as if it had been passed
by the Legislative Council, either in the form in which it was so introduced or
proposed or with such amendments as the Governor shall think fit which have been
moved or proposed in the Legislative Council or in any committee thereof; and
thereupon the said Bill or motion shall have effect as if it had been so passed, and,
in the case of any such Bill, the provisions of this Order relating to assent to Bills
and disallowance of laws shall have effect accordingly.
(2) The Governor shall not make any declaration under this section except
in accordance with the following conditions, that is to say:-
(a) The question whether the declaration should be made shall first be
submitted in writing by the Governor to the Executive Council and if, upon
the question being so submitted to it, the Executive Council shall resolve that
the declaration be made, the Governor may make the declaration.
(b) If, when the question whether the declaration should be made is submitted
to it as aforesaid, the Executive Council shall not, within such time as the
Governor shall think reasonable and expedient, resolve that the declaration be
made, then-
(i) the Governor may submit the said question to a Secretary of State
and may make the declaration if, upon the question being so submitted
to him, a Secretary of State authorizes the Governor to make the declaration;
and
(ii) the Governor may make the declaration without submitting the said
question to a Secretary of State, if in the Governor's opinion urgent
necessity requires that the declaration be made without obtaining the
authority of a Secretary of State; in which case he shall, at the time of
making the declaration, certify in writing that urgent necessity requires
that the declaration be made without obtaining such authority.
(3) (a) Whenever the Governor, in accordance with the provisions of
paragraph (b) of subsection (2) of this section, shall submit to a Secretary of State
the question whether a declaration should be made, or shall make a declaration
without submitting the said question to a Secretary of State, he shall inform the
Executive Council in writing of his reasons for so doing.
(b) Whenever the Governor shall make a declaration under his section,
other than a declaration made with the authority of a Secretary of State, he shall
forthwith report to a Secretary of State the making of, and the reasons for, the
declaration and, in the case of a declaration made in accordance with the provision
of sub-paragraph (ii) of paragraph (b) of subsection (2), the grounds of urgency.
(4) If any Member of the Legislative Council objects to any declaration made
under this section, he may, within seven days of the making thereof, submit to the
Governor a statement in writing of his reasons for so objecting and a copy of such











16 Trinidad and Tobago (Constitution) Order in Council, 1950.

statement shall, if furnished by such Member, be forwarded by the Governor as
soon as practicable to a Secretary of State.
(5) Any declaration made under this section, other than a declaration relating
to a Bill, may be revoked by a Secretary of State, and the Governor shall cause
notice of such revocation to be published in the Gazette; and from the date of
such publication any motion which shall have had effect by virtue of the declaration
shall cease to have effect and the provisions of subsection (2) of section 38 of the
I interpretation Act. 1$88 (f), shall apply to such revocation as they apply to the repeal
of an Act of Parliament.

Assent to 57. (1) No Bill shall become a law until either the Governor shall have assented
Bills. thereto in Ilis Majesty's name and on His Majesty's behalf and shall have signed
the sainm in token of such assent, or Ilis Majesty shall have given his assent thereto
through a Secretary of State.
(2) When a Bill is presented to the Governor for his assent, he shall, acting
in his discretion but subject to the provisions of this Order and of any Instructions
addressed to him under His Majesty's Sign Manual and Signet or through a Secretary
of State. declare that he assents, or refuses to assent, thereto, or that he reserves
the Bill for the signification of His Majesty's pleasure:
Provided that the Governor shall reserve for the signification of His Majesty's
pleasilur
(a) any Hill by which any provision of this Order is revoked or amended or
which is in any way repugnant to, or inconsistent with, the provisions of this
Order; and
({) any Bill which determines or regulates the privileges, immunities or
powers of the Legislative Council or of its Members;
unless het shall have been authorized by a Secretary of State to assent thereto.
(.) A law assented to by the Governor shall come into operation on the date
of its publication in the Gazitte, or, if it shall be enacted either in such law or in
some other law (including any law in force on the appointed day) that it shall come
into operation on some other date, on that date.
(-1) A Hill reserved for the signification of His Majesty's pleasure shall become
a law as soon as Ilis Majesty shall have given His assent thereto through a Secretary
of State and the Governor shall Il.r .N sig6niiedl such assent by Proclamation published
in tht' G.aett. l'very such law shall come into operation on the date of such
Proclamation or, if it shall lb enacted either in such law or in some other law
(including any law in force on the appointed day) that it shall come into operation
on soin other date, on that date.

liisallowance 58. (1) Any law to which the Governor shall have given his assent may he
of laws. disallowed by lHis Majesty through a Secretary of State.
(2) Whenever any law has been disallowed by His Majesty, the Governor
shall cause notice of such disallowance to be published in the Gazette.
(3) Every law so disallowed shall cease to have effect as soon as notice of
such disallowance shall be published as aforesaid and thereupon any enactment
repealed or amended by, or in pursuance of, the law disallowed shall have effect
as if such law had not been made. Subject as aforesaid, the provisions of subsection (2)
of section 38 of the Interpretation Act, 188) (f), shall apply to such disallowance as
they apply to the repeal of an Act of Parliament.

Oath of 59. (1) Except for the purpose of enabling this section to be complied with, no
Allegiance. Member of the Legislative Council shall sit or vote therein until he shall have taken
and subscribed before the Legislative Council the Oath of Allegiance in the form
set out in the Second Schedule to this Order:
Provided that if, between the time when a person becomes a Member of the
Legislative Council and the time when the Legislative Council next meets thereafter,
a meeting takes place of any committee of the Legislative Council of which such
person is a member, such person may, in order to enable him to attend the meeting,
(f) 52 & 53 Vict. c. 63.









Trinidad and Tobago (Constitution) Order in Council, 1950. 17


and take part in the proceedings, of the committee, take and subscribe the said
oath before a judge of the Supreme Court of the Colony; and the taking and
subscribing of the oath in such manner shall suffice for all purposes of this section.
In any such case the judge shall forthwith report to the Legislative Council through
the Speaker or, as occasion may require, through the Deputy Speaker that the
person in question has taken and subscribed the said oath before him.
(2) For the purposes of subsection (1) of this section, every person authorized
ty any law in force in the Colony to make an affirmation instead of taking an oath
in legal proceedings may, instead of taking the oath in that subsection mentioned,
mlke an affirmation in like terms.
60. It shall be lawful, by laws enacted under this Order, to determine and regulate Privileges of
the privileges, immunities and powers of the Legislative Council and its Members, Legislative
but ino such privileges, immunities or powers shall exceed those of the Common's Council and
I louse of Parliament of the United Kingdom of Great Britain and Noithern Ireland Members.
,r of the Members thereof.
61. (1) There shall be a session of the Legislative Council once at least in every Sessions.
year. so that a period of twelve months shall not intervene between the last sitting
4f the Council in one session and the first sitting thereof in the next session.
(2) The first session of the Legislative Council shall commence within six
months after the appointed day.
(3) The sessions of the Legislative Council shall be held in such places, and
shall commence at such times, as the Governor may from time to time by Proclamation
published in the Gazette appoint.
62. (1) The governorr may at any time, by Proclamation published in the Gazette, Prorogation
prurogue or dissolve the Legislative Council. and
(2) The Governor shall dissolve the Legislative Council at the expiration of dissolution.
Jivv years from the date of the return of the first writ at the last preceding general
election, if it shall not have been sooner dissolved.
63. There shall be a general election at such time, within four months after the General
appointed day and thereafter within four months after every dissolution of the elections.
I.egislative Council, as the Governor shall by Proclamation published in the Gazette
.ippoint.

PART VI.
P1vuLi StiRVICe COMMISSION.
64. (1) 'Tlhere shall be, in and for thet Colony, ai Public Service Commission Public
(hlertater in this Part of this Order referred to as the Commission ") and, subject Service
it the provisions of subsection (3) of this section, the Commission shall consist of Commission.
stiihl persons, appointed in such manner, as may be prescribed by regulations made
lundjer section 66 of this Order.
(2) The Governor, acting in his discretion, may terminate the appointment
of any Member of the Commission and, subject as aforesaid, the members of the
4< onmission shall hold office upon such terms and conditions as may be prescribed
lb regulations made under section 66 of this Order.
(3) No person shall be appointed as, or shall remain, a member of the
commissionon if he is a Member of the Legislative Council.
65. (1) The Governor, acting in his discretion, may refer to the Commission for Functions of
I heir advice on any question relating to the appointment (including promotion and Public
transfer) or to the dismissal or other disciplinary control of public officers or of Service
any public officer, or to any other matter which, in his opinion, affects the public Commission.
ervir\ie.
(2) It shall be the duty of the Commission to advise the Governor on any
question which he shall refer to it in accordance with the provisions of this section,
but the Governor shall not be required to act in accordance with the advice given
to him by the Commission.
T.-VIII. 2









18 Trinidad and Tobago (Constitution) Order in Council, 1950.


Power to 66. Subject to the provisions of this Order the Governor, acting in his discretion,
make may make regulations for giving effect to this part of this Order, and in particular
regulations, and without prejudice to the generality of the foregoing power may by such
regulations make provision for all or any of the following matters, that is to say:-
(a) the membership of the CommisSion;
(b) the appointment, tenure of office and terms of service of members of the
Commission;
(c) the organization of the work of the Commission and the manner in which
the Commission shall perform its functions;
(d) consultation by the Commission with persons other than members of the
Commission;
(r) the appointment, tenure of office and terms of service of staff to assist
the Commission in the performance of its functions;
(f) the delegation to any member of the Commission of all or any of the
powers or duties of the Commission;
(g) the definition and trial of offences connected with the functions of the
Commission and the imposition of penalties for such offences:
Provided that no such penalty shall exceed a fine of four hundred and eighty
dollars and imprisonment for a term of one year.

PART VII.
MISCEr.iANEOUS.
Penalty for 67. (1) Any person who-
unqualified (a) having been appointed or elected as a Member of the Legislative Council
persons but not having been, at the time of such appointment or election, qualified to
sitting or be so appointed or elected, shall sit ot vote in the Legislative Council, or
voting. (b) shall sit or vote in the Legislative Council after his seat therein has
become vacant or he has become disqualified from sitting or voting therein,
knowing, or having reasonable grounds for knowing, that he was so disqualified,
or that his seat has become vacant, as the case may be, shall be liable to a penalty
not exceeding ninety-six dollars for every day upon which he so sits or votes.
(2) The said penalty shall be recoverable by action in the Supreme Court of
the Colony at the suit of the Attorney General.

Provisions 68. (1) At any time before the appointed day the Legislature established by the
necessary to existing Letters Patent may, by laws enacted under those Letters Patent and the
give effect existing Orders, make such provision as appears to them to be necessary or expedient
to Order. for giving effect to the provisions of this Order and in particular and without prejudice
to the generality of the foregoing power may make provision for all or any of the
matters specified in section 47 of this Order except the matters specified in
paragraph (a) thereof; and the expression any law in force in the Colony," wherever
it occurs in this Order, shall include any law enacted in pursuance of this section..
(2) For the avoidance of doubts it is hereby declared that any law enacted
in pursuance of this section may make provision for writs for the election of Members
of the Legislative Council to be issued, and for registration of electors to take place,
before the appointed day.
(3) This section shall come into operation on the day after the day on which
this Order shall have been laid before both Houses of Parliament.

Clause IV of 69. (1) In this section the Order of 1898 means the Order in Council made
Order of 1898 at the Court at Balmoral on the twentieth day of October, 1898(h), providing that
revoked, the Island of Tobago shall be a ward of the Colony of Trinidad and Tobago.
(2) Clause TV of the Order of 1898 is hereby revoked.
(3) For the avoidance of doubts it is hereby declared that the Legislature of
the Colony has, and has always had, power to enact laws applicable either to the
(h) S.R. & 0. Revised edition, 1904, Trinidad and Tobago, p. 5.









Trinidad and Tobago (Constitution) Order in Council, 1950. 19


whole Colony or to any part or parts thereof, and the revocation of Clause IV of
the Order of 1898 shall be without prejudice to the said power.
70. (1) If any difficulty shall arise in bringing into operation any of the provisions Removal of
of this Order or in giving effect to the purposes thereof, a Secretary of State may, difficulties.
by Order, make such provision as seems to him necessary or expedient for the purpose
of removing the difficulty and may by such Order amend or add to any provision
of this Order:
Provided that no Order shall be made under this section later than the thirty-first
day of March, 1952.
(2) Any Order made under this section may be amended, added to, or revoked
by a further Order, and may be given retrospective effect to a date not earlier than
the date of this Order.
(3) This section shall come into operation on the day after the day on which
this Order shall have been laid before both Houses of Parliament.
71. (1) His Majesty hereby reserves to Himself, His Heirs and Successors power, Power
with the advice of His or Their Privy Council, to amend, add to or revoke this reserved to
Order as to Him or Them shall seem fit. His Majesty.
(2) Nothing in this Order shall affect the power of His Majesty in Council
to make laws from time to time for the peace, order and good government of the
Colony.
E. C. E. Leadbitter.


FIRST SCHEDULE. Preamble
Part 1. and section 1.

Letters Patent passed under the Great Seal of the United Kingdom, constituting
the Office of Governor and Commander-in-Chief of the Colony of Trinidad and
Tobago and dated the sixth day of June, 1924.
Letters Patent passed under the Great Seal of the Realm and dated the fifth
dlay of May, 1941, amending the aforesaid Letters Patent of the sixth day of June,
1924.
Part 2.
The Trinidad and Tobago (Legislhtive Council) Order in Council, 1924.
The Trinidad and Tobago (Legislative Council) Amendment Order in Council, 1928.
The Trinidad and Tobago (Legislative Council) Amendment Order in Council, 1941.
The Trinidad and Tobago (Legislative Council) Amendment Order in Council, 1942.
The Trinidad and Tobago (Legislative Council) Amendment Order in Council, 1945.



SECOND SCHEDULE Section 59.
1, do swear that I will be faithful and bear true allegiance to His Majesty
King George VI, His Heirs and Successors according to law. So help me God.



EXPLANATORY NOTE.
(This Note is not part of the Order, but is intended to indicate its general purport.)
This Order in Council established a reformed Executive Council and Legislative
Council for the Colony of Trinidad and Tobago. The Executive Council consists
of the Governor, as Chairman, and nine other Members. The Legislative Council
consists of a Speaker and twenty-six other Members. The Order also establishes a
Public Service Commission to be constituted in accordance with regulations made
by the Governor.
2 (2)










20 Trinidad and Tobago (Constitution) Order in Council, 1950.


TRINIDAD AND TOBAGO.

G.N.- LETTERS PATENT PASSED UNDER THE GREAT SEAL OF THE REALM CONSTITUTING
92-1950. THE OFFICE OF GOVERNOR AND COMMANDER-IN-CHIEF OF THE COLONY OF
TRINIDAD AND TOBAGO AND MAKING PROVISION FOR THE GOVERNMENT THEREOF.
Dated 16th March, 1950.
GEORGE THE SIXTH, by the Grace of God of Great Britain, Northern Ireland and the.
British Dominions beyond the Seas King, Defender of the Faith.
To all to whom these Presents shall come, Greeting I
WHEREAS, by the Letters Patent mentioned in the First Schedule to these
Letters Patent, the Office of Governor and Commander-in-Chief of the Colony of
Trinidad and Tobago is constituted and provision is made for the Government
thereof:
AND WHEREAS We are minded to make other provision for the matters aforesaid:
Now KNOW YE that We do declare Our will and pleasure as follows:-
Interpre- 1. (1) In these Letters Patent, unless the context otherwise requires-
tation. the Colony means the Colony of Trinidad and Tobago;
the Executive Council means the Executive Council of the Colony;
the existing Letters Patent means the Letters Patent mentioned in the
First Schedule to these Letters Patent;
the Gazette means the Trinidad Royal Gazette ;
the Governor" means the Governor and Commander-in-Chief of the
Colony, and includes the officer for the time being administering the Government
and, to the extent to which a Deputy for the Governor is authorized to act, that
Deputy;
the Instructions of 1924 means the Instructions passed under the Royal
Sign Manual and Signet to the Governor and Commander-in-Chief of the Colony
of Trinidad and Tobago, dated the sixth day of June, 1924, as amended by
Additional Instructions dated the fifth day of August, 1941;
the Public Seal means the Public Seal of the Colony.
(2) Save as is in these Letters Patent otherwise provided or required by the
52 & 53 context, the Interpretation Act, 1889, shall apply for the interpretation of these
Vict. c. 63. Letters Patent as it applies for the interpretation of an Act of Parliament.

Short title 2. These Letters Patent may be cited as the Trinidad and Tobago Letters Patent,
and com- 1950. They shall be proclaimed in such manner and at such places within the Colony
imencement.* as the Governor shall think fit and shall come into operation on a day to be appointed
by the Governor by Proclamation published in the Gazette.

Revocation 3. The existing Letters Patent are hereby revoked, but without prejudice to any-
of existing thing lawfully done thereunder:
Letters Provided that the Executive Council established by the existing Letters Patent
Patent, shall continue to exist until such time as may be prescribed by or under any Order in
Our Privy Council, and shall be constituted and shall perform its functions in
accordance with the Instructions of 1924.
governor 4. There shall be a Governor and Commander-in-Chief in and over the Colony,
and appointments to the said Office shall be made by Commission under Our Sign
Manual and Signet.

governor'ss 5. We do hereby authorize, empower and command the Governor to do all things
authority, belonging to his Office in accordance with these Letters Patent, such Commission as
aforesaid, and such Instructions as may from time to time be given to him by Us
under Our Sign Manual and Signet or through a Secretary of State, and in accordance
with such Orders in Our Privy Council and other laws as may from time to time be in
force in the Colony.

*G. N. 233-1950, Proclamation appointing 31st August, 1950, as the day on
which Letters Patent shall come into operation.










Trinidad and Tobago (Constitution) Order in Council, 1950. 21


6. Every person appointed to fill the Office of Governor shall, with, all due Publication
solemnity before entering on any of the duties of his Office, cause the Commission of
appointing him to be Governor to be read and published in the presence of the Chief Governor's
Justice or, in his absence, of some other Judge of the Supreme Court of the Colony. Commission
and of such Members of the Executive Council as can.conveniently attend; and shall and taking
thereupon take before them the Oath of Allegiance and the Oath for the due execution of oaths.
of the Office of Governor in the forms set out in the Second Schedule to these Letters
Patent, which oaths the said Chief Justice or Judge is hereby required to administer.

7. (1) Whenever the Office of Governor is vacant, or the Governor is absent from Succession
the Colony or is from any other cause prevented from, or incapable of, performing to Govern-
the functions of his Office, the Government of the Colony shall, during Our pleasure, ment.
be administered by-
(a) such person as We may appoint under Our Sign Manual and Signet; or
(b) if there be no person in the Colony so appointed and capable of discharging
the duties of administration, such person as We may designate by instructions
through a Secretary of State; or
(c) if there be no person in the Colony so appointed or designated and capable
of discharging the duties of administration, the senior of the following officers
who is in the Colony and so capable, namely-
(i) the person who holds the substantive appointment of Colonial
Secretary;
(ii) the person who holds the substantive appointment of Attorney
General;
(iii) the person who holds the substantive appointment of Financial
Secretary.
(2) For the purposes of this Article the officers referred to in sub-paragraph (c)
of paragraph (1) of this Article shall take seniority in the order in which their respec-
tive offices are mentioned therein.
(3) Before assuming the administration of the Government any such person as
aforesaid shall take, in the form and manner in these Letters Patent prescribed, the
oaths directed by these Letters Patent to be taken by the Governor; which being
done, We do hereby authorize, empower and command such person, subject, if he is
appointed as aforesaid under Our Sign Manual and Signet, to the terms of his appoint-
ment, during Our pleasure to do all things that belong to the Office of Governor as
provided in these Letters Patent.
(4) Any such person as aforesaid shall not continue to administer the Govern-
ment after the Governor or some other person having a prior right to administer the
same has notified him that he is about to assume, or resume, the administration.
(5) The Governor or any other person as aforesaid shall not be regarded as
absent from the Colony or prevented from, or incapable of, acting in the duties of his
Office for the purposes of this Article during his passage from one part of the Colony
to another or when there is a subsisting appointment of a Deputy under the next
succeeding Article of these Letters Patent.

8. (1) Whenever the Governor- Appoint-
(a) has occasion to be absent from the seat of Government but not from the ment of
Colony, or Deputy to
(b) has occasion to be absent from the Colony for a period which he has Governor.
reason to believe will be of short duration, or
(c) by reason of illness, which he has reason to believe will be of short duration,
considers it desirable so to do,
he may, by Instrument under the Public Seal, appoint any person in the Colony
to be his Deputy during such absence or illness, and in that capacity to exercise and
perform for and on behalf of the Governor during such absence or illness all such
powers and functions vested in the Governor as shall be specified by such Instrument.
(2) 'By the appointment of a Deputy as aforesaid the power and authority of
the Governor shall not be abridged, altered, or in any way affected otherwise than as
We may at any time hereafter think proper to direct; and every such Deputy shall










22 Trindad and Tobago (Constitution) Order in Council, 1950.


conform to and observe all such instructions as the Governor shall from time to time
address to him for his guidance.
(3) Any appointment under this Article may at any time be revoked by the
.Governor or by a Secretary of State and, in case of absence as aforesaid, shall cease
and determine upon the return of the Governor to the seat of Government or to the
Colony, as the case may be..
Disposal 9. Subject to the provisions of any law for the time being in force in the Colony
of lands. and of any Instructions from time to time given to the Governor under Our Sign
Manual and Signet or through a Secretary of State, the Governor may, in Our name
and on Our behalf, make and execute under the Public Seal grants and dispositions
of any lands or other immovable property within the Colony which may be lawfully
granted or disposed of by Us.

Appoint- 10. The Governor, in Our name and on Our behalf, may constitute such judgeships
ment of and other offices for the Colony as may be lawfully constituted by Us and may make
officers, appointments (including promotions and transfers) to any judgeship or other office
constituted for the Colony, and any person so appointed shall, unless it is otherwise
provided by .law, hold office during Our pleasure.

Discipline. 11. Subject to the provisions of any law or regulations for the time being in force
and to such instructions as may from time to time be given to him by Us through
a Secretary of State, the Governor may, upon sufficient cause to him appearing, dis-
miss or suspend from the exercise of his office any person holding any public office
in the Colony or may take such other disciplinary action as may seem to him desirable.

Grant of 12. When any offence has been committed for which the offender may be tried in
Pardon. the Colony the Governor may, as he shall see fit, in Our name and on Our behalf,
grant a pardon to any accomplice in such offence who shall give such information as
shall lead to the conviction of the principal offender, or of any one of such principal
offenders if more than one; and further, may grant to any offender convicted of any
such offence in any Court within the Colony a pardon, either free or subject to lawful
conditions, or any respite, either indefinite or for such period as the Governor may
think fit, of the execution of any sentence passed on such offender, and may remit
the whole or any part of such sentence or of any penalties or forfeitures otherwise due
to Us.

Public Seal. 13. The Governor shall keep and use the Public Seal for sealing all things whatso-
ever that shall pass the said Seal.
Officers and 14. We do hereby require and command all Our Officers, Civil and Military, and
others to all other the inhabitants of the Colony to be obedient, aiding and assisting unto the
obey the Governor.
Governor.
Reservation 15. We do hereby reserve to Ourselves, Our Heirs and Successors full power and
of power to authority to amend, add to, or revoke these Letters Patent as to Us or Them shall
amend or seem fit.
revoke
Letters In witness whereof We have caused these Our Letters to be made Patent.
Patent Witness Ourself at Westminster the sixteenth day of March in the Fourteenth
year of Our Reign.
By Warrant under the King's Sign Manual.
NAPIER.


Article I. FIRST SCHEDULE
Letters Patent passed under the Great Seal of the United Kingdom constituting the
Office of Governor and Commander-in-Chief of the Colony of Trinidad and Tobago and
dated the sixth day of June, 1924.
Letters Patent passed under the Great Seal of the Realm and dated the fifth day of
May, 1941, amending the aforesaid Letters Patent of the sixth day of June, 1924.










Trinidad and Tobago (Constitution) Order in Council, 1950. 23


SECOND SCHEDULE Article 6.
Oath of Allegiance
I, do swear that I will be faithful and bear true allegiance to His Majesty
King George VI, His Heirs and Successors, according to Law. So help me God.

Oath for the due execution of the Office of Governor
1, do swear that I will well and truly serve His Majesty King George VI,
Slis Heirs and Successors, in the Office of Governor. So help me God.




TRINIDAD AND TOBAGO. G.N.-
INSTRUCTIONS PASSED UNDER THE ROYAL SIGN MANUAL AND SIGNET TO TH 93-1950.
GOVERNOR AND COMMANDER-IN-CHIEF OF THE COLONY OF TRINIDAD AND
TOBAGO.
Dated 31st March, 1950.
INSTRUCTIONS to Our Governor and COmmander-in-Chief in and over Our Colony of
Trinidad and Tobago or other Officer for the time being Administering the
Government of Our said Colony.
WHEREAS, by the Trinidad and Tobago Letters Patent, 1950, We have ordered
and declared that there shall be a Governor and Commander-in-Chief in and over
Our Colony of Trinidad and Tobago (hereinafter called the Governor "):
AND WHEREAS We have thereby authorized, empowered and commanded the
Governor to do all things belonging to his Office in accordance with such Instructions
as may from time to time be given to him by Us under Our Sign Manual and Signet:
AND WHEREAS certain Instructions and Additional Instructions under the Royal
Sign Manual and Signet (hereinafter called the existing Instructions ") were issued
to the Governor on the sixth day of June, 1924, and on the fifth day of August, 1941,
respectively, which make provision for, among other things, the constitution of an
Executive Council in and for Our Colony of Trinidad and Tobago:
AND WHEREAS other provision has now been made by the Trinidad and Tobago
(Constitution) Order in Council, 1950, for the constitution of an Executive Council in
and for said Colony:
AND WHEREAS it is accordingly expedient to revoke and replace the existing
Instructions:
Now, THEREFORE, We do hereby direct and enjoin and declare Our will and pleasure
as follows:-
1. These Instructions shall have effect as from the appointed day and thereupon Revocation
the existing Instructions shall, without prejudice to anything lawfully done there- of existing
under, be revoked: Instructions.
Provided that, until the commencement of Part II of the Order in Council, clauses
4, 5, 15 and 16 of these Instructions shall not have effect, and clauses II, III, V, VI,
VIII, IX, X, XVIII and XXII of the Instructions of 1924 shall, subject to the
provisions of section 28 of the Order in Council, continue to have effect.

2. The Governor may, whenever he thinks fit, require any person in the public Governor to
service of the Colony to take the Oath of Allegiance in the form set out in the Second administer'
Schedule to the Letters Patent, together with such other oath or oaths as may from oaths.
time to time be prescribed by any law in force in the Colony in the form prescribed
by any such law. The Governor is to administer such oaths or cause them to be
administered by some public officer of the Colony.
3. (1) Whenever there is a subsisting appointment of a Deputy to the Governor Instructions
under the Letters Patent, these Instructions, so far as they apply to any matter or to be
thing to be done, or any powers or functions to be performed, by such Deputy, shall observed by
be deemed to be addressed to, and shall be observed by, such Deputy. Deputy.









24 Trinidad and Tobago (Constitution) Order in Council, 1950:


(2) Any such Deputy may, if he thinks fit, apply to Us through a Secretary of
State for instructions in any matter; but he shall forthwith transmit to the Governor
a copy of every despatch or other communication so addressed to Us.
Executive 4. (1) Nothing in this clause shall be construed as applying to any power conferred
Council. upon the Governor by the Order in Council or to matters for which provision is made
by subsection (1) of section 17, or by section 56, of the Order in Council or by para-
graph (1) of clause 15 of these Instructions.
Council to be (2) The Governor shall, subject to the provisions of clause 5 of these Instructions,
consulted, consult with the Executive Council in the formulation of policy and in the exercise
of all other powers conferred upon him, except the powers conferred by Articles 8, 9,
10, 11 and 12 of the Letters Patent and clause 2 and paragraph (5) of clause 16 of these
Instructions and any other power in respect of which it shall be provided by law
that the Governor shall not be obliged to consult with the Executive Council in the
exercise thereof.
Advice of (3) The Governor shall, subject to the provisions of clause 5 of these Instructions,
Council to be act in accordance with the advice of the Executive Council in any matter on which
followed. he is by this clause obliged to consult with the Executive Council.

Executive 5. (1) Nothing in this clause shall be construed as applying to matters for which
Council. provision is made by section 56 of the Order in Council or by paragraph (1) of clause 15
of these Instructions.
When (2) The Governor shall not be obliged to consult with the Executive Council
Council need in the exercise of any power conferred upon him (including any power so conferred
not be by Order in Council) in any case-
consulted. (a) which is of such a nature that, in his judgment, Our service would sustain
material prejudice by consulting the Council thereon; or
(b) in which the matters to be decided are, in his judgment, too unimportant
to require their advice; or
(c) in which the matters to be decided are, in his judgment, too urgent to
admit of their advice being given by the time within which it may be necessary
for him to act.
In every case falling within sub-paragraph (c) of this paragraph the Governor shall,
as soon as is practicable, communicate to the Executive Council the measures which
he shall have adopted with the reasons therefore.
When (3) If in any case in which he shall consult with the Executive Council (whether
advice of in pursuance of section 5 of the Order in Council or of clause 4 of these Instructions or
Council need otherwise) the Governor shall consider it expedient in the interest of public faith,
not be public order or good government (which expressions shall, without prejudice to their
followed, generality, include the responsibility of the Colony as a territory within the Britis h
Commonwealth of Nations, and all matters pertaining to the creation or abolition o t
any public office or to the salary or other conditions of service of any public officer or
officers) that he should not act in accordance with the advice of the Executive Council,
then-
(a) he may, with the prior approval of a Secretary of State, act against that
advice; or
(b) if, in his judgment, urgent necessity so requires, he may act against that
advice without such prior approval, but shall, without delay, report the matter
to Us through a Secretary of State with the reasons for his action.
Whenever the Governor shall so act against the advice pf the Executive Council,
any Member of the Executive Council may require that there be recorded in the
minutes of the Executive Council the grounds of any advice or opinion which he may
give upon the question.
Minutes of 6. Minutes shall be kept of all the proceedings of the Legislative Council. Twice
Legislative in each year a full transcript of all minutes of the Legislative Council for the preceding
Council. half year shall be transmitted to Us through a Secretary of State.
Governor to
communicate 7. The Governor shall forthwith communicate to the Executive Council these
Instructions Instructions and all such others as he shall from time to time find it convenient for
to Executive Our service to impart to them.
Council.










Trinidad and Tobago (Constitution) Order in Council, 1950. 25


8. In the making of laws the Governor and the Legislative Council shall observe, Rules for the
so far as is practicable, the following rules:- enactment
(a) All laws shall be styled Ordinances and the words of enactment shall of laws.
be "enacted by the Governor of Trinidad and Tobago with the advice and
consent of the Legislative Council thereof ":
Provided that, in the case of any Ordinance having effect by virtue of a
declaration made by the Governor under section 56 of the Order in Council, the
words of enactment shall be enacted by the Governor of Trinidad and Tobago
in accordance with the provisions of section 56 of the Trinidad and Tobago
(Constitution) Order in Council, 1950 ".
(b) All Ordinances shall be distinguished by titles and shall be divided into
successive sections consecutively numbered and to every section there shall be
annexed in the margin a short indication of its contents.
(c) The Ordinances of each year shall be distinguished by consecutive numbers,
commencing in each year with the number one.
Ordinances passed by the Legislative Council and assented to by the Governor,
or having effect by virtue of a declaration made by the Governor, under section
56 of the Order in Council, shall be dated as of the day on which the assent of the
Governor is given, but, whatever that day may be, shall be numbered as of the
year in which they are passed.
Ordinances reserved by the Governor for the signification of Our pleasure and
assented to by Us shall be dated as of the day and numbered as of the year
on and in which they become law.
(d) Matters having no proper relation to each other shall not be provided for
by the same Ordinance; no Ordinance shall contain anything foreign to what the
title of the Ordinance imports; and no provision having indefinite duration shall
be included in any Ordinance expressed to have limited duration.

9. The Governor shall not, without having previously obtained Our instructions Certain Bills
through a Secretary of State, assent to any Bill within any of the following classes, not to be
unless such Bill shall contain a clause suspending the operation thereof until the assented to
signification of Our pleasure thereon, that is to say- without
(a) any Bill for the divorce of married persons; instructions.
(b) any Bill whereby any grant of land or money or other donation may be
made to himself;
(c) any Bill affecting the currency of the Colony or relating to the issue of
bank notes;
(d) any Bill establishing any banking association, or amending or altering the
constitution, powers, or privileges of any banking association;
(e) any Bill imposing differential duties;
(f) any Bill the provisions of which shall appear to him to be inconsistent with
obligations imposed upon Us by treaty;
(g) any Bill affecting the discipline or control of Our naval, military or air
forces;
(h) any Bill of an extraordinary nature and importance whereby Our pre-
rogative, or the rights or property of Our subjects not residing in the Colony, or
the trade or transport or communications of any part of Our dominions may be
prejudiced;
(j) any Bill containing provisions to which Our assent has once been refused
or which have been disallowed by Us:
Provided that the Governor may, without such instructions as aforesaid and
although the Bill contains no such clause as aforesaid, assent in Our name to
any Bill falling within any of the classes described in this clause (except a Bill
the provisions of which appear to him to be inconsistent with any obligations
.imposed upon Us by treaty), if he shall have satisfied himself that an urgent
necessity exists requiring that the Bill be brought into immediate operation;
but in any such case he shall forthwith transmit to Us the Bill to which he shall
have assented together with his reasons'for so assenting.









26 Trinidad and Tobago (Constitution) Order in Council, 1950.


Private Bills. '10. (1) Every Bill (not being a Government measure) intended to affect or benefit
some particular person, association or corporate body shall contain a clause saving
the rights of Us, Our Heirs and Successors, all bodies politic and corporate, and all
others except such as are mentioned in the Bill and those claiming by, from, or under
them.
(2) No such Bill shall be introduced into the Legislative Council until due notice
has been given by not less than three successive publications of the Bill in the
Trinidad Royal Gazette ; and the Governor shall not assent thereto in Our name
unless it has been so published. A certificate under the hand of the Governor signify-
ing that such publication has been made shall be transmitted to Us with the Bill or
Ordinance.

Ordinances 11. When any Ordinance shall have been enacted, the Governor shall forthwith
to be sent transmit to Us, through a Secretary of State, for the signification of Our pleasure, a
through transcript in duplicate of the Ordinance, duly authenticated under the Public Seal
Secretary and by his own signature, together with an explanation of the reasons and occasion
of State. for the enactment of the Ordinance.

Ordinances 12. As soon as practicable after the commencement of each year the Governor shall
to be cause a complete collection of all Ordinances enacted during the preceding year
published, to be published for general information.

Disposition 13. (1) Before disposing of any vacant or waste lands to Us belonging in the Colony,
of Crown the Governor shall cause the same to be surveyed and such reservations to be made
lands. thereout as he may think necessary for any public purpose.
(2) The Governor shall not, directly or indirectly, purchase for himself any
land or building in the Colony to Us belonging without Our special permission given
through a Secretary of State.
Appoint- 14. Every appointment by the Governor of any person to any office or employ-
ments to be ment shall, unless otherwise provided by law, be expressed to be during pleasure
made during only.
pleasure.
Regulation 15. (1) (a) Whenever any offender shall have been condemned by the sentence of
of power of any civil court in the Colony to suffer death, the Governor shall call upon the judge
pardon in who presided at the trial to make to him a written report of the case of such offender,
capital cases. and shall cause such report to be taken into consideration at a meeting of the Execu-
tive Council, and he may cause the said judge to be specially summoned to attend at
such meeting and to produce his notes threat.
(b) The Governor shall not pardon or reprieve any such offender unless it
shall appear expedient to him so to do upon receiving the advice of the Executive
Council thereon; but he is to decide either to extend or to withhold a pardon or
reprieve according to .his own deliberate judgment, whether the Members of the
Executive Council concur therein or otherwise; entering, nevertheless, in the minutes
of the Executive Council his reasons at length, in case he should decide any such
question in opposition to the judgment of the majority of the Members thereof.
(2) (a) The Governor may, by directions in writing, establish a committee of
the Executive Council to exercise the functions of the Executive Council under this
clause; and at any time when there is a committee so established paragraph (1)
of this clause shall be construed and have effect as if the references therein to the
Executive Council were references to such committee.
(b) The Governor may, by directions in writing, revoke any directions
given under this paragraph.
Constitution 16. (1) In this clause the Committee means any committee established in
and pursuance of paragraph (2) of clause 15 of these Instructions.
procedure of
committee. (2) The Committee shall consist of such persons, being members of the Executive
Council, as the Governor may, by directions in writing, appoint either by name or
by reference to their offices; and any such person who shall be appointed by name
shall, subject to the provisions of this clause, hold his seat in the Committee for such
period as may be prescribed by any such directions.










Trinidad and Tobago (Constitution) Order in Council, 1950. 27


(3) (a) Any member of the Committee may, by writing under his hand
addressed to the Governor, resign his seat in the Committee.
(6) The seat of a member of the Committee shall become vacant upon the
receipt by the Governor of his resignation, or upon his ceasing to be a Member of the
Executive Council, or upon his being notified by the Governor of the revocation of his
appointment as a member of the Committee.
(4) The Governor may, by directions in writing, revoke or vary any directions
Riven under this clause.
(5) The following provisions of the Order in Council (which relate to the
Executive Council) shall apply in respect of the Committee as if they were set out in this
clause with such adaptations and modifications as the Governor may by order prescribe,
that is to say subsections (6) and (7) of section 9, and sections 10, 14, 15, 16 and 17.
The Governor may by order revoke or vary any order made under this paragraph.
17. Except in circumstances in which he .is not regarded as absent from the Colony Governor's
for the purposes of Article 7 of the Letters Patent, the Governor shall not quit the absence.
Colony without having first obtained leave from Us for so doing through a Secretary
.of State.
18. (1) In these Instructions, unless the context otherwise requires- Interpre-
appointed day means the day appointed under Article 2 of the Letters station.
Patent;
the Colony means the Colony of Trinidad and Tobago;
the Executive Council means the Executive Council of the Colony;
Governor" includes every person for the time being administering the
Government of the Colony;
the instructions of 1924" means the Instructions issued under the Royal
Sign Manual and Signet to the Governor and Commander-in-Chief of the Colony
and dated the sixth day of June, 1924, as amended by Additional Instructions
dated the fifth day of August, 1941; and the existing Instructions means the
aforesaid Instructions and Additional Instructions;
the Executive Council means the Executive Council of the Colony;
the Letters Patent means the Trinidad and Tobago Letters Patent, 1950;
the Order in Council means the Trinidad and Tobago (Constitution) Order
in Council, 1950;
the Public Seal means the Public Seal of the Colony.
(2) References in these Instructions to Our dominions shall have effect as if they
included references to all British protectorates and British protected states and to all
territories administered by the Government of any part of Our dominions under the
trusteeship system of the United Nations.
(3) Save as in these Instructions otherwise provided or required by the context,
the Interpretation Act, 1889, shall apply for the interpretation of these Instructions 52 & 53
as it applies for the interpretation of an Act of Parliament. Vict. c. 63.
Given at Our Court at Saint James's this 31st day of March, 1950, in the Fourteenth
year of Our Reign.
GEORGE R.


TRINIDAD AND TOBAGO G.N.-
94-1950.
ASSOCIATION OF MEMBERS OF EXECUTIVE COUNCIL WITH THE WORK OF ADMINISTRA-
TION OF GOVERNMENT DEPARTMENTS. I
1. There will be, under the Chairmanship of the Governor, Nine members of
Executive Council, namely Colonial Secretary, Attorney General, Financial Secretary,
five elected members and one nominated member of the Legislative Council.
.2. DEPARTMENTS OF GOVERNMENT.
Subject to financial provision being made, the power to determine and define from
time to time what departments of Government there shall be will be vested in the










28 Trinidad and Tobago (Constitution) Order in Council, 1950.


Governor in Executive Council, i.e. the Governor acting after consultation with the
Executive Council and (save in the exceptional circumstances prescribed in the
Royal Instructions) in accordance with the advice of the Executive Council.

3. ASSIGNMENT OF DEPARTMENTS TO MEMBERS OF EXECUTIVE COUNCIL.
The administration of departments of Government will be assigned to members of
Executive Council as follows:-
(a) Ex-oficio members.
The Governor will have power in his discretion to assign from time to time to
each of the ex-officio members of Executive Council the administration of such
departments and such subjects as he thinks fit.
(b) Other members.
(i) The Governor will have power in his discretion to prescribe from time to-
time which departments and subjects may be assigned to members of Executive
Council other than ex-officio members.
(ii) The Governor in Executive Council will have power from time to time to
assign to any member of Executive Council, other than an ex-officio member, any
department or subject for the time being prescribed by the Governor under (i)
above, but will not be required to assign a department or subject to every such
member and may assign more than one department to any such member.

4. NOMINATED MEMBER OF EXECUTIVE COUNCIL.
Although the constitution will make no distinction between the elected members
and the nominated member as regards their right to have departments or subjects
assigned to them, it is not anticipated that the nominated member will, in normal
circumstances, in fact have a department or subject assigned to him.

5. MINISTERS.
A member of Executive Council (other than an ex-officio member) to whom any
department or subject is assigned will, while charged with the administration of any
department or subject, be styled a Minister.

6. SPECIAL OFFICES.
The Economic Adviser and the Statistician will not be under the control of any
particular minister but will be controlled by the Governor in Executive Council.
Their advice will be available to all ministers.

7. The Sub-Intendant will be responsible for Crown lands direct to the Governor
as Intendant.

8. The relationship of the Director of Audit and his department to the Secretary of
State, the Governor and the local administration will not be altered.

9. SALARIES.
(a) (i) A minister will receive an annual salary in respect of his office as
minister.
(ii) A member of Executive Council (other than an ex-officio member)
who is not a minister will receive an annual salary in respect of
his membership of Executive Council.
(b) Until other provision is made by law of the Trinidad and Tobago legis-
lature, members of Executive Council (other than ex-officio members) will
receive, in lieu of any salary as members of Legislative Council, salaries at the
rate of 1,400 per annum in the case of a minister and at the rate of 1,000 per
annum in the case of a member of Executive Council who is not a minister.

10. MINISTERIAL FUNCTIONS OF MEMBERS OF EXECUTIVE COUNCIL.
Members of Executive Council to whom departments are assigned will be responsible
for their subjects and departments both in Executive Council and in Legislative
Council. They will also be responsible for the carrying out of policy approved by
Executive Council and for the day to day administration of their departments.










Trinidad and Tobago (Constitution) Order in Council, 1950. 29


11. In this transitional stage the central secretariat will remain and the five
ministers will be accommodated either in the same building or nearby. The Secre-
tariat will remain organised into branches very much as at present with an Assistant
Secretary at the head of each branch, but the Assistant Secretaries will submit files
and papers to the minister concerned instead of to the Under Secretary and the
Colonial Secretary. Ministers will have access to all-files of their own departments
except personnel files. They will not have access to the files of any other departments
except with the permission of the member of Executive Council concerned. The
Colonial Secretary, Attorney General and Financial Secretary, in view of the nature
of their duties, will be allowed access to all files and papers.

12. DISAGREEMENT BETWEEN HEADS OF DEPARTMENTS AND MINISTERS.
If there is disagreement between the minister in charge of any department and the
officer who is for the time being head of that department, the latter may submit to
the minister, in writing, a statement of his reasons for disagreeing with the minister
and of his own recommendations on the question at issue. The minister will then be
required to forward to the Clerk of Executive Council a copy of the statement together
with any written statement which he may himself wish to make. The Governor in
Council will consider the statement or statements and decide the question at issue.

13. PERSONNEL MATTERS.
In all matters relating to personnel and conditions of service, heads of departments
will deal direct with the Colonial Secretary and the Governor, who will seek the
advice and assistance of the Public Service Commission in appropriate cases.

14. GOVERNOR'S SECRETARY AND CLERK TO EXECUTIVE COUNCIL.
The ministers will be the channel for the submission of all papers concerning their
subjects and departments to Executive Council and to the Governor. In order to
ensure co-ordination of the work of the separate ministers, and the proper presenta-
into of work to Executive Council and to the Governor, a senior officer will be
appointed to a new post of Governor's Secretary and Clerk to Executive Council ".
He will require a small staff of his own, including probably an Assistant Clerk of
Executive Council of Assistant Secretary rank; the existing Cypher and Despatch
staff at Government House will come under his direction. He will examine all official
papers for Executive Council or for the Governor and will ensure that in matters which
concern more than one member of Executive Council or department all the necessary
authorities have been consulted. He will, when necessary and on behalf of the
Governor, send papers back for further consideration or clarification. He will be
responsible for distributing incoming telegrams and despatches and petitions. He
will arrange the agenda of Executive Council and will convey the decisions of Execu-
tive Council to the appropriate person or authority. It should be clearly understood
that this officer will have no powers in his own right. In all that he does as Governor's
Secretary, he will act as the mouthpiece and channel of authority of the Governor.
In all that he does as Clerk to the Executive Council, he will act as the mouthpiece
.and channel of authority of the Governor in Executive Council.

15. FINANCE COMMITTEE.
Apart from the Finance Committee which will presumably be composed as at
present of all unofficial members of the Legislative Council under the chairmanship
of the Financial Secretary, it is considered that standing committees of Legislative
Council should not be necessary on any matter for which any member of Executive
Council is responsible. It is also considered that in present circumstances there
.should be no deputy ministers or parliamentary secretaries and no provision has,
therefore, been made for such officers.

16. LEAVE OF ABSENCE OF MINISTERS.
A minister will require the permission of the Governor to take leave of absence
from his duties and will also require written permission of the Governor to be absent
from the Colony whether in the course of his duties or not.

17. ACTING APPOINTMENTS.
If an ex-officio member of the Executive Council is temporarily unable to administer
any department or subject with the administration of which he is charged, the





Pages
30-31
Missing
From
Original









Ch. 2. No. 2.]


Legislative Council (Elections) Ordinance.


CHAPTER 2. No. 2.

c.N.-- THE LEGISLATIVE COUNCIL (ELECTIONS)

63-1946. ORDINANCE.

Regulations made under section 64 of the Legislative
Council (Elections) Ordinance.
1. These Regulations may be cited as the Legislative Council (Elections)
Regulations.
2. In these Regulations the Ordinance" means the Legislative Council
(Elections) Ordinance.
3. (1) Every returning officer shall be paid at the rate of two dollars and fifty
cents in respect of each polling station established in the electoral district for which
he is appointed.
(2) If the election is not contested the returning officer shall, in addition, be
paid one-half cent for each name on the list of electors for his electoral district.
(3) If the election is contested and a poll is held, the returning officer shall
he paid, in addition to the sums provided for by paragraphs (1) and (2) hereof,
one-quarter of a cent for each name on the list of electors for his electoral district.
(4) Notwithstanding the provisions of paragraphs (1) (2) and (3) hereof, the
remuneration of a returning officer shall not be less than two hundred dollars for
the period of the election.
4. Each returning officer shall recommend for appointment an election clerk
who shall be paid at the rate of seventy-five dollars per month for a period not
exceeding three months.
5. Each returning officer may employ a typist who shall be paid at the rate of
fifty dollars a month for a period not exceeding three months.
6. (1) A presiding officer shall be paid for all his services at the polling station
on polling day the sum of ten dollars.
(2) A presiding officer shall be paid, if his place of residence is less than five
miles from the place where he receives his or her instructions, a travelling and
subsistence allowance of one dollar and fifty cents, and if his place of residence is
more than five miles from the place where he receives his instructions, a.travelling
and subsistence allowance of two dollars and fifty cents.
(3) A presiding officer shall, in the discretion of the returning officer, be also
paid a travelling allowance at the rate of fifteen cents per mile in respect of travelling
to his polling station and for the purpose of delivering his ballot box and the
preliminary statement of the poll on polling day, and in respect of his return journey
to his home in each case.
7. (1) A poll clerk shall be paid for all his services at the polling station on
polling day, the sum of five dollars.
(2) A poll clerk shall be paid, if his place of residence is less than five miles
from the place where he receives his instructions, a travelling and subsistence
allowance of one dollar and fifty cents, and if his place of residence is more than
five miles from the place where he receives his instructions, a travelling and
subsistence allowance of two dollars and fifty cents: Provided that no poll clerk
shall be paid travelling and subsistence allowances in respect of more than one
journey for the purpose of receiving instructions.









Legislative Council (Elections) Ordinance. [Ch. 2. No. 2. 33


(3) A poll clerk shall, in the discretion of the returning officer, be also paid
a travelling allowance at the rate of fifteen cents per mile in respect of travelling
to his polling station and of his return journey to his home.
7A. A registration officer shall be paid for all his services in connection with the
registration of electors in an electoral district the sum of one hundred dollars.
7s. A registration officer may appoint an assistant registration officer to assist
him in his work in an electoral district and every such assistant registration officer
shall be paid at the rate of fifty dollars per month for a period not exceeding three
months.

7c. A supervisor of enumerators shall be paid for all his work in connection with
the enumeration (including any travelling that may be required) the sum of one
hundred and twenty dollars.

8. (1) The enumerators, for a house to house canvass for the preparation of the
list of electors, shall be paid-
(i) In fairly populated localities three cents for each name entered in the
Index Book.
(ii) In localities classified as between fairly populated and remote areas four
cents for each name entered in the Index Book.
(iii) In remote areas six cents for each name entered in the Index Book.
(2) Registration Officers shall, subject to the approval of the Supervisor of
Elections, classify localities for the purposes of this regulation.
(3) An enumerator shall be paid, if his place of residence is less than five
miles from the place where he receives his instructions a travelling and subsistence
allowance of one dollar and fifty cents, and if his place of residence is more than
five miles from the place where he receives his instructions a travelling and
subsistence allowance of two dollars and fifty cents: Provided that no enumerator
shall be paid travelling and subsistence allowances in respect of more than one
journey for the purpose of receiving instructions.

8A. A typist, appointed to type copies of the preliminary lists, shall be paid at
the rate of one cent for each name typed.
88. Office copies of any election documents supplied shall be paid for at the rate
of twenty-four cents for every folio of one hundred words.

9. Each messenger appointed by a returning officer to collect ballot boxes from
presiding officers on the night of the election shall be paid the sum of three dollars
and transportation expenses.

9A. (1) The Supervisor of Elections shall be paid for travelling and subsistence
in connection with an election at the rate prescribed for public officers by any
Travelling Allowances Regulations in force.
(2) For travelling in or outside his electoral district in connection with an
election a returning officer, election clerk, registration officer or assistant registration
officer shall be paid a travelling allowance at the rate of fifteen cents per mile and
subsistence at the rate prescribed for public officers by any Travelling Allowances
Regulations in force: Provided that the Supervisor of Elections may sanction the
payment of a commuted travelling allowance of twenty-five dollars, in the case of
a returning officer, and of fifteen dollars in the case of a registration officer or
assistant registration officer, in respect of his travelling in an electoral district which
is in an urban area.

10. For each polling station rented for polling day, there shall be paid a sum not
exceeding ten dollars.

11. (1) Upon his being appointed, the returning officer shall take and subscribe
to the oath set out as Form No. 20 in the First Schedule to the Ordinance, and
transmit such oath to the Supervisor of Elections.
T.-VIII. 3









34 Ch. 2. No. 2.] Legislative Council (Elections) Ordinance.


(2) He shall receive and study carefully the instruction books to returning
officers, presiding officers and poll clerks (Books C and D) and the Ordinance.
(3) He shall establish an official office in his electoral district.
(4) He shall receive and check the supplies to be used for the taking of the
poll and secure the necessary number of ballot boxes.
(5) He shall receive and endorse the writ of election.
(6) On receipt of the writ he shall issue the election notice, and make final
selection of polling stations.
(7) He shall recommend to the Supervisor of Elections, one presiding officer
for each polling station and appoint one poll clerk for each station.
(8) He shall send one form of the nomination paper and one form of the
statutory declarations to every prospective candidate.
(9) He shall attend at the place fixed for nomination from 9 a.m. to 12 noon
on nomination day; receive the nomination papers and statutory declarations of
candidates with the requisite deposits; issue receipt certificates; supply forms to
candidates for the appointment of agents; lodge deposits in the Treasury or Warden's
Office; and undertake all other duties in connection with the nomination as directed
by the Supervisor of Elections.
(10) In cases where there is only one candidate nominated, he shall despatch
to the Supervisor of Elections the returns necessary.
(11) He shall make all arrangements for and supervise the taking of the poll
on polling day, and have collected after the close of the poll on polling day, the
ballot boxes and the preliminary statements of the poll.
(12) On the evening of polling day he shall prepare the preliminary com-
pilation of the votes polled, and communicate the results as soon as available to the
Supervisor of Elections.
(13) He shall add up the votes on the day fixed for that purpose by checking
all the ballots cast for the candidates or which have been rejected by the presiding
officers.
(14) He shall check and certify accounts for the election clerk, presiding
officers, poll clerks, messengers or any other officers appointed to serve in the
electoral district for election purposes, and also polling stations' accounts.
(15) He shall endorse the return to the writ and forward it to the Supervisor
of Elections with the other papers and accounts as directed by the Ordinance.
(16) He shall perform such duties as the Supervisor of Elections may direct.
(17) He shall make a report to the Supervisor of Elections setting out:-
(a) the day on which the writ was received and endorsed;
(b) the day on which the election notices were distributed;
(c) the number of polling stations established in his electoral district;
(d) the nomination papers which were received and the nominations which
were rejected, together with the causes for their rejection;
(e) the condition and number of ballot boxes and keys which were received;
(f) the day or days on which the final addition of the votes was or were
done;
(g) the day on which the declaration of the candidate elected was made;
(h) the name of the police officer in whose custody the ballot boxes were
deposited;
(i) any matters of particular significance or intent relating to the polling and
the counting of the votes.

12. There shall be printed upon every ballot opposite to the names of each
candidate, one of the symbols shown in the appendix to these Regulations. The
order in which such symbols are allocated to the names of candidates shall corre-
spond with the order in which the names of the candidates appear on the ballot
paper.









Legislative Council (Elections) Ordinaince [Ch. 2. No. 2. 33

13. (1) For the purpose of a general election seveity-five copies of each list of
electors for each polling station shall be printed.
(2) All election officers shall be entitled to as many copies as they require,
and as are approved by the Supervisor of Elections.
(3) Every prospective candidate shall be entitled to one full set of the lists
of electors for his electoral district free of cost.
(4) Subject to the distribution hereinbefore provided f9r, available lists of
electors shall be sold to prospective candidates and to the general public at the
rate of three cents for the list of electors relating-to any polling division.
14. Every employer shall permit each elector in his employ to be absent from
his work on polling day for one hour in addition to the normal midday meal hour,








































3(2)




36 Ch. 2. No. 2.] Legislative Council (Elections) Ordinance.
APPENDIX.


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SPetty Civil Courts. [Ch. 3. No. 3. 37








CHAPTER 3. No. 3.

PETTY CIVIL COURTS. R.G.
20.11.41.
Rules made under section 55 of the Petty Civil Courts Ordinance. 30.4.42.
,, 23.12.43.
1. These rules may be cited as the Petty Civil Courts Rules. Short title.
2. In these rules the expression the Ordinance means the Petty Civil Courts Interpre-
,Ordinance. station.
3. Every action shall be commenced by a summons in writing which shall be Commence-
:signed by the clerk of the Court in which the action is to be tried. The endorsement ment of
on every such summons shall disclose a cause-of action, action.

4. Except as is hereinafter provided, every summons for the commencement of Issue of
an action shall be issued according to form 1 in the Schedule hereto, and shall be Ordinary
called an Ordinary Summons ". Summons.

5. (1) In actions where the plaintiff seeks to recover a debt or liquidated demand Issue of
in money payable by the defendant, with or without interest, the summons for the Default
commencement of the action may be issued according to form 2 in the Schedule Summons.
hereto and shall be called a Default Summons."
(2) A Default Summons issued under these rules may, at the request of the *Substitution
plaintiff, be substituted on payment of a fee of 72 cents by an Ordinary Summons, of Default
upon the former being filed in Court within two months of its issue, and the fact Summons.
of such substitution shall be endorsed on such Ordinary Summons by the Chief
Clerk.
6. (a) An Ordinary Summons shall be served upon the defendant in the case of Service of
suits entered in the Port-of-Spain Court at least three clear days, and in the case of Ordinary
suits entered in any other Court at least eight clear days, previous to the day named Summons.
in such summons for the hearing thereof, and the delivery of such summons to the
defendant in person or by leaving the same at the residence of such defendant with
some person apparently not less than sixteen years of age and actually residing
threat shall be deemed good service and no misnomer or inaccurate description of
any person or place in any such summons shall avoid the same provided that the
person or place be therein described so as to be commonly known.
(b) An Ordinary Summons shall not remain in force for more than twelve Period of
months from the day of the date thereof, including the day of such date; but if validity-
.any defendant therein named shall not have been served therewith, the plaintiff renewal.
may, before the expiration of the twelve months, apply to the Judge of the Court
-out of which the said summons has issued for leave to renew the same; and the
Judge, if satisfied that reasonable efforts have been made to serve such defendant,
*or for other good reason, may order that the said summons be renewed for six
months from the date of such renewal inclusive, and so from time to time during
the currency of the renewed summons. The summons shall in such case be renewed
by being endorsed with a note, to be signed by the said Judge, of the order for such
renewal and of the day, month, and year thereof. An Ordinary Summons so
renewed shall remain in force and be available to prevent the operation ol any
statute whereby the time for the commencement of the action may be limited, and
all other purposes, from the date of the first issue of the said summons.

7. A Default Summons shall be personally served within a period of six months Service of
rom the date of its issue: Provided always, that where prompt personal service Default
annot be effected and the Judge of the Court out of which the said summons has Summons.









Ch. 3. No. 3.]


Petty Civil Courts. .


issued is satisfied on oath that reasonable efforts have been made to effect such
service and that either the fact of the issue of and the nature of the claim upon
such summons have come to the knowledge of the defendant, or that he wilfully
evades service of the same, or that from any other good cause whatsoever it is
impracticable to effect personal service, it shall be lawful for the said Judge to
make such order for substituted service as may seem to him effectual, and thereafter
for the plaintiff to proceed as if personal service had been effected, subject to such
conditions if any as to the said Judge may seem fit.
Leave to 8. (a) Where leave is required to sue any person not resident within the district,
sue out of the application for such leave shall be made upon the affidavit of the proposed
district, plaintiff, or of some person on his behalf who has knowledge of the facts, setting
forth the facts on which the application is grounded according to form 12 in the
S Schedule hereto.
(b) The affidavit shall be lodged with the clerk of the Court together with a-
copy of the same for each defendant.
(c) Every, order granting leave under this rule shall be signed by the Judge
in his own handwriting at the foot of the affidavit, after due consideration of the
facts disclosed by the affidavit and such Judge shall exercise his discretion as to
the grant or refusal of leave in accordance with the circumstances of each particular
case.
(d) Subject to the provisions of this rule, leave may be granted and an Ordinary
Summons may be issued, although the plaintiff cannot give the present place of
residence or of business of the defendant, but in that case the defendant shall be
served personally.
(e) Subject to sub-rule (d) of this rule, no leave shall be granted under this
rule unless the name, residence, or place of business, and occupation or description
of the proposed defendant are fully set out in the affidavit filed for the issue of the
summons.
Issue of 9. Whenever a plaintiff proceeds by Default Summons, he shall at the same time
Default that he leaves the said Summons for signature by the clerk of the Court lodge an
Summons to affidavit (together with a copy thereof for each defendant) made by himself or by
be supported any other person who can swear positively to the facts, verifying the cause of action
by affidavit, and the amount claimed, and stating that in his belief there is no defence to the
action. The said affidavit shall be according to form 10 in the Schedule hereto.
Leave to 10. Unless a defendant upon a Default Summons shall, within ten clear days
defend or after service of such summons, on an application supported by an affidavit of facts
in default or by notice in writing setting up that there is irregularity or any other good defence
judgment in law, satisfy the Judge that there is some real question to be tried or some defect
upon in the proceedings, the plaintiff shall be entitled to enter up judgment in terms of
Default his claim.
Summons. The order upon such judgment shall be for payment forthwith, or at such time
or times and by such instalments, if any, as the plaintiff or his solicitor shall in
writing have consented to take as endorsed on the summons.
Where upon consideration of such affidavit or notice the Judge is of opinion that
the defendant should be allowed to defend the whole or any part of the plaintiff's
claim, he shall endorse the affidavit or notice accordingly, and thereupon, if the
application was heard and determined ex part, the clerk of the Court shall
immediately inform the plaintiff or his solicitor by post or otherwise of the terms.
of the said endorsement, and shall in so doing send to him a copy of such affidavit
or notice (to be left with him by the defendant at the time of his filing the same)
bearing upon it a copy of the said endorsement.
In every case in which leave to defend is granted on an application as aforesaid
a date for the trial of the action shall be fixed by the Judge and the parties, if present,
shall be informed accordingly. If either party or his solicitor be not present at the
time of the fixing of the said date of trial, the clerk of the Court shall at least three-
Setting aside clear days before the date so fixed notify such party or his solicitor of the date fixed.
judgment 11. Where a defendant upon a Default Summons fails to file such affidavit or
obtained on notice to obtain leave to defend within the time limited for so doing and judgment
Default for the plaintiff upon his claim has been entered accordingly, the Judge may upon
Summons.









Petty Civil Courts. [Ch. 3. No. 3. 39


application made by the defendant set aside the said judgment upon such terms as
to costs or otherwise as he may think just, and allow the defendant thereafter to
defend the whole or such part of the claim as he may think proper. Any application
made in this behalf must be supported by affidavit disclosing a defence upon the
merits and explaining the neglect, and notice of the application together with a
copy of the affidavit shall be served upon the plaintiff or his Solicitor at least three
clear days before the date fixed for the hearing of the same.

12. All summonses or other processes or writs of execution shall be served or By whom
executed by the bailiff of the Court out of which the same shall have issued, subject process to be
in every such case to the provisions hereinafter set out for service or execution out served or
of the district from which the same shall have issued, execution
levied.
13. Where any summons or other process or writ of execution is required to be By whom
served or executed in a district other than that out of which the same shall have process to be
issued, the clerk of the Court issuing the same shall transmit it and a copy thereof served or
forthwith by post to the bailiff of the Court of the district in which it is to be served, execution
and thereupon such bailiff shall be authorised and required to act in all respects levied.
in the service or execution thereof in the same manner, with the same powers, and
subject to the same rules as if the said summons or other process or writ of execution
had originally issued out of the Court of which he is bailiff.

14. Save in respect of default summonses, the service of which is to be governed Mode of
exclusively by rule 7, the service of all summonses or other processes shall be subject service of
to the provisions hereunder:- process.
When an infant is a defendant, service on such infant, or on his father or
guardian, or (if none) on the person with whom he resides or under whose care
he is, shall be sufficient.
Where persons are sued as partners, service upon any one or more of the
partners or at any place of the partnership business shall be sufficient.
Where husband and wife are both defendants, either may be served unless the
Judge shall otherwise order.
Where a defendant is living or serving on board of any ship or vessel, it shall
be sufficient to deliver the summons or other process to the person on board
who is at the time of such service apparently in charge of such ship or vessel.
Where a defendant is employed or dwells in any public asylum or in any prison
or is a prisoner in any prison it shall be sufficient to deliver the summons to the
gatekeeper or lodgekeeper of any such asylum or prison.
Where a lunatic or person of unsound mind is a defendant, service on the
Committee (if any) of the lunatic, or on the person with whom he resides or
under whose care he is, shall, unless the Judge otherwise orders, be sufficient.
Where a defendant keeps his house or place of dwelling or place of business
closed, and the bailiff shows to the Judge reasonable ground for concluding that
the same is kept closed in order to prevent service, it shall be lawful for the Judge
to order that the summons or other process be affixed by him to or upon the door
of such house or place of dwelling or place of business, and that shall be sufficient.
Where the bailiff is prevented by violence or threats or other conduct of the
defendant, or of any other person, from personally serving a summons or other
process, it shall be sufficient for him to leave the same as near to the defendant
as practicable.

15. Service of any summons or other process of Court may be proved by endorse- Proof of
ment on a copy of the same under the hand and description of the person making service of
such service, showing the day, place, time, and mode of service, and every such process.
endorsement shall be taken as prima facie evidence of the truth of the facts stated
therein.

16. If a summons or other process is not served or any writ of execution not Failure to
executed within the time prescribed herein for the service or execution thereof, the serve
same shall be returned by the bailiff to the clerk of the Court out of which it shall have process or
issued, and the clerk shall forthwith give notice to the plaintiff or to his solicitor of effect
such non-service or non-execution, execution.









40 Ch. 3. No. 3.] Petty Civil Courts.


Payment 17. The defendant may at any time before the day of hearing pay to the clerk of
into Court. the Court such sum as he may be advised in full satisfaction of the plaintiff's demand,
together with the costs incurred by the plaintiff up to the time of such payment:
Provided that with a defence setting up tender before action the sum of money alleged
to have been tendered must be brought into Court.
Notice of any such payment shall be given in writing to the plaintiff or his solicitor
and shall state whether liability is admitted or denied and, if it be the case, that a
plea of tender is being set up.
Plaintiff 18. Where a payment into Court is made under the preceding rule either with an
may accept admission or a denial of liability the plaintiff may accept the sum so paid in full
money paid satisfaction of his claim in which event he shall recover from the defendant such
into Court. costs as he has incurred up to the date of service of the notice upon him of the said
payment into Court and the action shall thereafter be stayed; or he may refuse to
accept such sum so paid in full satisfaction of his claim in which event the action shall
proceed to trial and the Judge shall make such order thereon as may be just. No sum
paid into Court as aforesaid shall be paid out unless the plaintiff or his solicitor files
a notice, a copy whereof must be served upon the defendant or his solicitor, that he is
accepting the sum in full satisfaction of his claim or upon the order of the Judge.
Issue of Where payment into Court is made with a plea of tender the defendant shall be
tender, if entitled to have the issue raised by such plea duly determined, and, if necessary, the
raised, to be action shall continue for the said purpose, and upon the determination of the said
determined. issue the Judge shall have power to make such order as to costs as he may deem fit.
No sum paid into Court with such a plea of tender shall be paid out until the said
issue has been duly determined unless the Judge shall otherwise order.

Non- 19. Except in an action in which the defence of tender before action is raised no
disclosure statement of the fact that money has been paid into Court shall be filed on the
of payment proceedings, and no communication of that fact shall at the trial of any action be made
into Court. to the Judge, and no act or thing calculated to communicate to the Judge at or prior
to the trial of any action the fact that money has been paid into Court shall be done,
until all questions of liability and the amount of the debt or damages have been
decided. But the Judge shall in exercising his discretion as to costs take into account
both the fact that money has been paid into Court and the amount of such payment.

Discon- 20. The plaintiff may at any time not less than two clear days before the day fixed
tinuance by any ordinary summons for the hearing of the Claim thereon or notified by the clerk
of the Court for the hearing of any default summons discontinue his action by notice
in conformity with form 6 in the Schedule hereto, to be personally served by him on
the defendant, or, where the defendant has taken any step by a solicitor, on his
solicitor, and thereupon the defendant shall be at liberty to apply to the Judge to be
awarded such costs as to the Judge may seem just. The plaintiff may also at any
time subsequent to the time provided hereinabove, but only by leave of the Judge,
discontinue his said action, and such leave shall be granted upon such terms as to the
Judge may seem fit.

Entry of 21. Whenever the Judge shall have made any order in any proceeding pending
judgment, before him, the person in whose favour such order shall be made shall be entitled
thereupon to enter up judgment immediately without any notice or summons to the
other party.

Time. 22. The Judge may in any case make order for granting time to the plaintiff or the
defendant to proceed in the prosecution or defence of the suit, and also may from time
to time adjourn the hearing or further hearing of any cause in such manner and sub-
ject to such terms (if any) as to the Judge shall seem fit.

Cross 23. If there shall be cross judgments between the parties, whether for a liquidated
judgments. amount or for damages or for costs, by reason of a set-off or counter claim or for any
other reason, execution shall be taken out by that party only who shall have obtained
judgment for the larger sum, and for so much only as shall remain after deducting the
smaller sum, and satisfaction for the remainder shall be entered, as well as satisfaction
on the judgment for the smaller sum, and if both sums shall be equal, satisfaction
shall be entered upon both judgments.










Petty Civil Courts. [Ch. 3. No. 3. 41


24. Whenever the Judge shall have made an order for the payment of money not When
payable by instalments or in respect of which execution has not been stayed or, if execution
stayed, the conditions attaching to such stay have not been complied with, the party may issue.
in whose favour the said order shall have been made may, in case of default or failure
of payment thereof forthwith, sue out a writ of execution for the amount so ordered
to be paid without any notice to the other party.
If it should appear upon the affidavit of a judgment creditor or of his solicitor that
any person against whom a judgment has been obtained is about to leave the Colony
before the time ordered for the payment of such judgment debt by instalments or
otherwise, and that by reason thereof payment may not be made as and when the
same shall become due, it shall be lawful for the Judge to order the debtor to appear
forthwith to show cause why the order providing for payment by instalments or
staying execution should not be revoked.
If after due service the debtor fails to appear to show cause as aforesaid or if after
appearance he fails to show such cause to the satisfaction of the Judge, the Judge may
revoke the said order or give such further or other direction as he may think fit.

25. Writs of execution issued under the authority of the Ordinance shall be Writs of
according to form 5 in the Schedule hereto, execution.
Such writs of execution shall remain in force for 12 calendar months from the date
of issue and no longer, but a fresh writ may be issued on payment of the appropriate
fee.
Where any change has taken place by reason of death or assignment or otherwise
in the parties entitled to take proceedings to enforce a judgment or order or in the
parties liable to such proceedings; any person claiming to be entitled to enforce such
judgment or order may apply to the Court, on affidavit, for leave to issue the necessary
process accordingly; and the Court, may, if satisfied that the applicant is entitled to
issue such process, make an order to that effect, or may order that any question
necessary to determine the rights of the parties shall be tried in the way in which an
action may be tried. In either case, the Court may impose such terms as to costs or
otherwise as may seem just.

26. The bailiff shall not be compelled to levy unless the execution creditor or his Bailiff not
solicitor or agent shall have given him instructions in writing stating the name and compelled to
residence or place of business of the party against whom the execution is issued, or to levy except
levy on any personal chattels until the same are pointed out or otherwise sufficiently on written
indicated to him by the execution creditor or some person authorised in his behalf. instructions.
At the time of filing a request for execution, the execution creditor, or his solicitor or
agent, shall deposit with the clerk of the Court such sum of money as the Judge may
deem reasonably sufficient to cover all expenses which may be incurred in connection
with such levy, and any balance after defraying all such expenses shall be returned
to the execution creditor or his duly authorised agent.
27. If it shall at any time appear to the satisfaction of the Judge by the oath or Stay of
affirmation of any person or otherwise that the judgment debtor is unable from any execution.
cause to pay and discharge the debt or damages recovered against him, or any instal-
ment thereof ordered to be paid as aforesaid, it shall be lawful for the Judge in his
discretion to suspend or stay any judgment, order or execution given, made or issued
in such action, for such time and on such terms as the Judge shall think fit, and so
from time to time until it shall appear by the like proof as aforesaid that such
temporary cause or disability has ceased.
28. In or upon every writ of execution issued the clerk shall cause to be inserted Particulars
the sum of money and costs adjudged, with the sums allowed by the Ordinance as of writ of
increased costs for the issue and execution of such writ, and if the party against whom execution.
such execution shall be issued shall, before an actual sale of the goods and chattels,
pay or cause to be paid or tendered unto such clerk or to the bailiff such sum of
money and costs as aforesaid, or such part thereof as the party entitled thereto shall
agree to accept in full of his debt or damages or costs, together with the fees herein
directed to be paid, the writ of execution shall be superseded and the goods and
chattels of the said party shall be discharged,
29. All goods seized in execution shall, unless otherwise ordered by the Court Where goods
issuing the execution, be sold in the district within which the same have been seized, to be sold.









42 Ch. 3. No. 3.] Petty Civil Courts.


Return of 30. No writ of execution issued under and by virtue of the Ordinance shall be made
writ of returnable within any limited or particular time, but the bailiff having the execution
execution, of any such writ shall be bound to return such writ within a reasonable time unless he
shall receive instructions from the person on whose behalf such writ was issued or
from his agent to suspend the execution and return of such writ for any limited or
particular time, in which case the bailiff shall suspend the execution and return of
such writ for such time as he may have been directed by such person or his agent
so to do.
Interpleader.
Notice of 31. (1) Where a claim is made to or in respect of any goods or chattels taken in
claim to execution under the process of a Court such claim shall be in writing and filed with
execution the chief clerk; and thereupon the chief clerk shall forthwith send notice to the
creditor, execution creditor.
Notice by (2) If within four days after receiving the notice mentioned in paragraph (1)
execution of this rule the execution creditor gives notice to the chief clerk that he admits
creditor of the title of the claimant to the goods or chattels, or requests the bailiff to withdraw
admission of from possession, he shall only be liable to the bailiff for any possession fees or
claim or to expenses incurred by the bailiff prior to the receipt by the chief clerk of such notice;
withdraw and the Judge may, if he thinks fit, on application by the bailiff, make an order for
from payment of any such fees or expenses by the execution creditor to the bailiff. Any
possession. such application shall be made in writing, and intituled in the matter of the execution,
and three clear days' notice in writing thereof shall be given by the bailiff to the
execution creditor.
Deposit to 32. Where a claim is made to the goods or chattels of the judgment debtor taken
be made on in execution, the person making such claim shall deposit with the clerk of the Court
claim the following sums:-
Where the chattels claimed consist of:
(a) Live animals-
For each horse or mule ... ... ... ... ... $10 00
For each ox, bull, or cow ... ... ... ... ... 7 00
For each ass ... ... ... ... ... ... ... 5 00
For any other animal ... ... ... ... .. ... 2 50
(b) A chattel house ... .... ... .. ... ... ... 10 00
(c) Any other goods or chattels ... .. ... ... ... 5 00
or such larger sum as the Judge may direct having regard to the circumstances
of any particular case.
All expenses, including the costs of keeping such animals, watchman fees, storage,
and any other incidental expenses, as circumstances may warrant, pending the
determination of the interpleader, shall be defrayed out of the sum so deposited,
and any balance shall be returned to the claimant. If such deposit is not made, the
bailiff shall proceed with the execution as if no such claim had been made in respect
of such chattel, unless the Judge shall otherwise order.
Power to 33. Where the execution creditor 'gives notice in due time to the chief clerk, as
make order directed by rule 31, that he admits the title of the claimant to the goods or chattels,
protecting or requests the bailiff to withdraw from possession, the bailiff may thereupon
bailiff, withdraw from possession and may apply for an order protecting him from any
action in respect of the seizure and possession of the said goods and chattels and the
Judge may make any such order as may be just and reasonable in respect of the
same. Any such application shall be made in writing, and intituled in the matter
of the execution, and three clear days' notice in writing thereof shall be given te
the claimant, who may, if he desires it, attend the hearing of the application, and if
he attends the Judge may, in and for the purposes of such application, make all
such orders as may be just and reasonable.
Issue of 34. Where the execution creditor does not in due time, as directed by rule 31,
interpleader admit the title of the claimant to the goods or chattels, or request the bailiff to
summons, withdraw from possession, and the claimant persists in his claim, the bailiff shall
apply for an interpleader summons to be issued; and if before the return day of such
summons the claimant files notice that he withdraws his claim, and at the same time









Petty Civil Courts. [Ch. 3. No. 3. 43


gives notice of such withdrawal to the execution creditor; or the execution creditor
files an admission of the title of the claimant, and at the same time gives notice of
such admission to the claimant, the goods and chattels taken in execution or the
proceeds of the sale thereof, or the money paid into Court (as the case may be)
shall be dealt with and disposed of as if such claim had not been made, or as if the
execution had been withdrawn (as the case may be) and the Judge may, in and for
the purposes of the interpleader proceedings, make all sudh orders as to costs, fees,
charges, and expenses as may be just and reasonable.

35. Where any claim is made to or in respect of any goods or chattels taken in Proceedings
execution, or in respect of the proceeds or-value thereof, and summonses have been generally.
issued on the application of the bailiff, such summonses shall be served in such
time and mode as by these rules directed for the service of an ordinary summons
to appear to a plaint, and the case shall proceed as if the claimant were the plaintiff,
and the execution creditor the defendant.

36. The claimant shall two days at least before the return day, or at the hearing Claimant
by special leave of the Judge on such terms as the Judge may think fit, leave at to lodge
the office of the chief clerk of the Court, two copies of the particulars of any goods particulars
or chattels alleged to be the property of the claimant, and of the grounds of his claim, and grounds
or in case of a claim for rent of the amount thereof, and for what period and in respect of claim.
of what premises the same is claimed to be due; and the name, address, and
description of the claimant shall be fully set forth in such particulars, and the chief
clerk shall forthwith send by post (or otherwise) to the execution creditor one of
the copies of the particulars. Any money paid into Court under the execution
shall be retained by the chief clerk of the Court until the claim has been adjudicated
upon: Provided that by consent of all parties, or without such consent if the Judge
so directs, an interpleader claim may be tried although this rule has not been
complied with.
37. The Judge upon the hearing shall adjudicate upon any claim of the bailiff Bailiff's fees.
for fees, and may, if he thinks fit, order the same, or such part thereof as he may
think just, to be paid by the claimant or by the execution creditor.

38. (1) Where the claimant to goods taken in execution claims damages from Claim for
the execution creditor or from the bailiff for or in respect of the. seizure of the goods, damages by
he shall in the particulars of his claim to the goods state the amount he claims for claimant.
damages, and the grounds upon which he claims damages.
(2) Where the claimant has not claimed damages before the issue of the Damages not
interpleader summons, but claims such damages in his particulars of claim, he may claimed until
be ordered to pay the costs of any adjournment which may be necessary to enable filing of
the execution creditor or the bailiff to prepare his defence to the claim as made. particulars.

39. Where under section 50 of the Ordinance an execution creditor claims damages Claim for
against a bailiff arising out of the execution of any process, he shall two clear days damages by
at least before the return day of the interpleader summons give notice in writing execution
of such claim to the chief clerk of the Court and to the bailiff, stating the grounds creditor
and amount of such claim, and he may thereupon apply to the Judge at the hearing against
of the interpleader summons to adjudicate upon such claim. For the purposes bailiff.
of fees and costs such claim shall be deemed to be a claim in an interpleader.

40. Where a claim for damages under section 50 of the Ordinance is made against Payment
any bailiff and execution creditor or either of them they or either of them may pay into Court.
into Court money in satisfaction of such claim for damages; and such payment into
Court shall be made in the same manner and have the same effect, and the parties
respectively shall have the same rights and remedies as they would respectively
have if the proceeding were an action in which the claimant was plaintiff, and the
bailiff and execution creditor were defendants. A bailiff may in like manner pay
money into Court in satisfaction of a claim for damages made against him by an
execution creditor.

41. Interpleader summonses shall be issued by the chief clerk of the Court on the Interpleader
application of the bailiff without leave of the Judge, and shall be served on the summons.
solicitor of any of the parties who acts by a solicitor.










Ch. 3. No. 3.]


Petty Civil Courts.


From what 42. Interpleader summonses shall be issued from the Court of the district in which
Court issued, the levy was made, and the execution creditor and claimant shall be summoned to
such Court.
Judge may 43. (1) When goods or chattels have been seized in execution under process of
direct sale of the Court, and any claimant alleges that he is entitled under a bill of sale or
goods otherwise to such goods or chattels by way of security for debt, the Judge may
claimed order a sale of the whole or part thereof, and may direct the application of the
under bill proceeds of such sale in such manner and upon such terms as may be just.
of sale.
Costs of (2) The costs of the application for sale under this rule shall be borne as
application, between the parties to the application as the Judge shall direct.
application.
Order on 44. The order made upon the hearing of an interpleader summons shall contain
interpleader. directions as to how any money paid into Court in the proceedings is to be disposed
of. A minute of every such order shall be entered in the minute book, but no order
need be drawn up or served unless any of the parties shall require it, or the,Court
otherwise orders.

Interpleader 45. (1) Where the defendant in an action brought by the assignee of a debt or
in action by chose in action has had notice that the assignment is disputed, as to the whole or
assignee. any part of such debt or chose in action, by the assignor or any one claiming under
him, or where the defendant in any such action, or in any other action for any
debt, chose in action, money, goods or chattels, has had notice of any other claim
opposing or conflicting to the whole or any part of such debt, chose in action, money,
goods or chattels, the defendant may apply to the chief clerk of the Court for a
summons against the assignor or the person making such opposing or conflicting
claims, hereinafter called the claimant.
(2) The defendant shall satisfy the chief clerk of the Court, by affidavit,
that he claims no interest in the subject matter in dispute other than for charges or
costs, and does not collude with either the plaintiff or the claimant, and is willing
to pay or transfer the subject matter into Court, or dispose of it as the Court may
direct. On filing such affidavit the defendant shall lodge with the chief clerk of
the Court copies thereof for the plaintiff and the claimant.
(3) The defendant shall not be disentitled to relief by reason only that the
titles of the plaintiff and the claimant have not a common origin, but are adverse
to and independent of each other.
(4) The chief clerk of the Court shall, on being satisfied as aforesaid, issue
for service on the claimant an interpleader summons returnable as soon as
conveniently may be, and shall annex thereto a copy of the original summons and
of the defendant's affidavit, and shall adjourn the trial of the action to the day on
which the interpleader summons is made returnable, and shall give notice to the
plaintiff and the defendant of the issue of the interpleader summons and of the
adjournment of the trial of the action. The interpleader summons shall be served
in such time and mode as by these rules directed for the service of an ordinary
summons to appear to a plaint.
Claimant to (5) The claimant shall, two days at least before the return day of the
file notice of interpleader summons, leave at the office of the chief clerk of the Court either three
relinquish- copies of a notice that he relinquishes his claim or three copies of particulars stating
ment or the grounds on which he disputes the assignment or founds his claim to the subject
particulars matter in the action; and the chief clerk of the Court shall forthwith send by post
of claim, or otherwise one of such copies to the plaintiff, and one other of such copies to the
defendant: Provided that by consent of all parties, or without such consent if the
Judge so directs, the interpleader may be tried although this rule has not been
complied with.
Payment (6) On filing his affidavit, or at any time after the issue of the interpleader
into Court summons, the defendant may pay the debt or money or bring the chose in action,
by defendant, goods, or chattels into Court, to abide its decision.
Interpleader (7) Upon the return day of the interpleader summons-
how
disposed of. (a) If the plaintiff does not appear, the action and interpleader summons
Where shall be struck out, and the Judge may make such order as to costs as may be
plaintiff does just;
not appear.










Petty Civil Courts. [Ch. 3. No. 3. 45


.(b) If the claimant does not appear, the Judge shall hear and determine the Where
action as between the plaintiff and the defendant, and may make an order claimant
declaring the claimant and all persons claiming under him forever barred against does not
the defendant and all persons claiming under him, and may make such order appear.
as to costs against the claimant as may be just, but the order shall not affect
the rights of the plaintiff and the claimant between themselves; or if the
claimant has filed notice that he relinquishes his claim, the Judge may make an
order declaring him and all persons claiming under him forever barred, against
both the plaintiff and the defendant and all persons claiming under them and
may make such order against the claimant as to costs incurred by the other
parties before the receipt of notice of relinquishment, as may be just;
(c) If both the plaintiff and the claimant appear the Judge shall, whether the Where both
defendant does or does not appear, hear the cases of the plaintiff and the claimant parties
(and the case of the defendant if he appears) and shall give such judgment appear.
thereon as shall finally determine the rights and claims of all parties; but the
Judge shall not make any order in favour of the claimant against the defendant
unless the claimant requests him so to do.

46. The Judge may,. in and for the purposes of any proceedings, make all such Costs and
orders as to costs and all other matters (including in the case of proceedings under incidental
the last preceding rule, the repayment to the defendant of any costs paid by him matters in
into Court, and the disposal of any money, chose in action, goods, or chattels paid interpleader
or brought by the defendant into Court) as may be just and reasonable, proceedings.

Records.
47. The clerk of every Court shall cause a note of all summonses, and of all orders Cause Book.
and of all judgments and executions and returns thereto, and of all fines, and of all
other proceedings of the Court to be fairly entered from time to time in a book
belonging to the Court, which shall be kept at the office of the Court; and such entries
in the said book or a copy thereof purporting to be signed and certified as a true copy
by the clerk, shall at all times be admitted in all Courts as evidence of such entries
and of the proceedings referred to by such entry or entries and of the regularity of
such proceedings without any further proof.

48. The clerk of every Court shall keep a book to be called the Cash Deposit Cash deposit
Book of his Court, in which shall be entered day by day all moneys paid in by any Book.
party to any action for the use or benefit of any other party, and such entries shall
specify in the order following the date of each payment, the title of the cause in which
the payment was made, the name of the party paying and the amount of the pay-
ment, and there shall be three additional columns, in two of which shall be entered upon
the moneys being paid out, the date of the money being so paid out, and the name
of the party receiving the same, and in the last of such columns the party so
receiving such money shall sign his name in acknowledgment of such receipt, and
such cash deposit book shall remain exposed in the clerk's office at all times during
which such office shall be required to be open for the transaction of business, and
shall at such time be opera to the inspection of any and every person asking for the
same, and every person shall have the right to inspect the same and take any note
or extract of any entry therein without the payment of any fee or reward.

49. The fees and costs to be taken in the Petty Civil Court and in the office of Fees.
such Court and to be allowed to solicitor and counsel shall be onthescale prescribed
in the Schedule.
Forms.
50. The several forms in the Schedule hereto shall be used as far as practicable Forms.
for the purposes in such forms respectively mentioned.

Judgment Summonses.
51. The procedure on judgment summonses is regulated by the Rules of the Procedure on
Supreme Court under the Debtors Ordinance. judgment
summons.










46 Ch. 3. No. 3.] Petty Civil Courts.


R.G. Actions for Recovery of Land.
23.12.43. 52. In an action for the recovery of land the particulars shall contain a full
Action for description of the land sought to be recovered and the annual value thereof and the
recovery of rent (if any), and shall state the ground on which possession is claimed.
land.
Service of 53. (a) The summons in an action for the recovery of land shall be in one or
Summons. other of the forms 13 and 14 as may be applicable to the case and shall be served
upon the defendant at least 14 clear days previous to the day named in such
summons for the hearing thereof.
Vacant (1i) In an action for the recovery of land, in the case of vacant possession,
possession. or inability to serve in any other manner, service of an Ordinary Summons may be
effected by affixing the summons on a conspicuous part of the property.

Admission 54. (a) A defendant in an action for the recovery of land who admits the title of
in action the plaintiff to the land or any part thereof and his right to the immediate possession
for recovery thereof may at any time before the return day deliver to the chief clerk an admission
of land. thereof for which the form appended to the summons may be used.
(b) The chief clerk shall, as soon as practicable, after the receipt of admission
by him, send notice thereof to the plaintiff in form 15 and,- no costs incurred after
the receipt of such notice in .respect of the proof of any matters admitted therein
shall be allowed against the defendant who has made the admission.

Defence 55. (a) In an action for the recovery of land a defendant who desires to limit
limited to his defence to a definite part of the land mentioned in the particulars may within
part of land. eight days of the service of the summons on him, inclusive of the day of service,
file with the chief clerk a notice in form 16 with as many copies thereof as there
are plaintiffs.
(b) The chief clerk shall on the filing of the notice send a copy thereof to every
plaintiff or his solicitor.
In action for 56. (a) In an action for the recovery of land, any person not named as a
recovery of defendant in the summons may by leave of the Court be allowed to appear and
land, any defend, on filing not less than five clear days before the return day an affidavit
person not together with as many copies thereof as there are plaintiffs and defendants, showing
named as a that he is in possession, either by himself or by hi's tenant, of the land or of some
defendant definite part thereof.
may, by (b) Where leave is given, the person obtaining leave shall be added as a
leave, defendant, and the chief clerk shall send to every other party notice thereof in
appear. form 17 with a copy of the affidavit annexed.
Time within
which appli- 57. An application under section 14 (1) of the Ordinance for the transfer to the
cation may Supreme Court of an action for the recovery of land shall be made as in the said
be made for section prescribed within eight days of the service of the summons on the defendant,
transfer of inclusive of the day of service.
action to 58. Where an order is made by the Supreme Court for the transfer of any
supreme proceedings from a Petty Civil Court to the Supreme Court, the chief clerk shall
make and certify copies of all entries in the books of the court relating to the
Procedure proceedings and send them to the Registrar of the Supreme Court together with all
on transfer, documents filed in the proceedings.

Judgment 59. Where, in an action for the recovery of land, or for damages in respect of any
when plain- right relating to land, the title of the plaintiff appears to have existed at the time
tiff's title of the entry of the plaint, but to have expired before the return day, the plaintiff
has expired, shall be entitled to judgment recording the fact that he was so entitled and for the
costs of the action, unless the Judge otherwise orders.

Warrant of 60. A judgment or order for the recovery of land or for the delivery of possession
possession. of land, whether made in an action for the recovery of land or in any other
proceedings, may be enforced by warrant of possession in form 18.
Issue of 61. Where, in an action for the recovery of land, judgment is given for the
warrant. plaintiff, a warrant may be issued upon the day named in the judgment, or if no
day is named, after the expiration of 14 days from the day on which judgment is
given.









Petty Civil Courts. [Ch. 3. No. 3. 47


62. Where, in an action for the recovery of land, judgment is given for the Warrant for
recovery thereof (with or without rent or mesne profits) and costs there may be possession
either one warrant or separate warrants for possession of the land and for rent of land,
and mesne profits'and for costs, and after the execution of the warrant the bailiff rent, &c.
shall endorse on the same a certificate in form 19.

63. (a) Where a judgment or order is for the recovery'of any property other Delivery of
than land or money, the Judge may, upon the application of the plaintiff, and in specific
default of delivery, order that a warrant shall issue for the delivery of the property, goods.
without giving the defendant the option of retaining it upon payment of the value,
and that, if the property cannot be found, execution shall issue against the
defendant's goods for the value of the property and the Judge may assess the value
for that purpose.
(b) A warrant of delivery shall be in form 20. Form of
delivery.
General.
64. In any case for which the foregoing rules do not expressly provide, the Rules
of the Supreme Court shall apply mutatis mutandis.



SCHEDULE (Rule 49.)

FEES

In Actions for $48 and Under
COURT FEES: $ c.
Filing Ordinary Summons ... ... ... ... ... ... ... 48
Serving Ordinary Summons on a single defendant or on the first of two
or more defendants ... ... ... ... ... ... ... ... 48
And for every defendant other than the first ... ... ... ... 24
Filing Default Summons ... ... ... ... ... ... ... 24
Affidavit fee on Default Summons ... ... ... ... ... ... 24
Serving Default Summons on a single defendant or on the first of two or
more defendants .. ... ... .. ... ... ... ... 48
And for every defendant other than the first ... ... ... ... 24
Summons for Witness ...' ... ... ... ... ... ... 24
Issuing Writ of Execution ... ... ... ... ... .. ... 24

In Actions for Over $48 and up to $120
COURT FEES:
Filing Ordinary Summons ... ... .. ... ... ... ... 1 20
Serving Ordinary Summons on a single defendant or on the first of two or
more defendants ... ... ... ... ... ... ... ... 48
And for every defendant other than the first ... ... ... ... 24
Filing Default Summons ... ... ... ... ... ... ... 96
Affidavit fee on Default Summons ... ... ... ... ... ... 24
Serving Default Summons on a single defendant or on the first of two or
more defendants ... ... ... ... ... ... ... ... 48
And for every defendant other than the first ... ... ... ... 24
Issuing Summons to Witness ... ... ... ... ... ... 24
Filing application for leave to defend ... ... ... ... ... 48
Filing any other application ... ... ... ... ... ... ... 48
Issuing Writ of Execution ... ... ... ... ... ... ... 24

In Actions over $120 or for the Recovery of Land or for the
Delivery of Specific Goods
COURT FEES:
Filing Ordinary Summons .. ... ... ... ... ... ... 1 80
Other fees: as in Actions over $48 and up to $120










48 Ch. 3. No. 3.] Petty Civil Courts.


General $ c.
For production of any original document from the File of the Court ... 48
For every affidavit sworn to before the Judge or a Clerk (for use in
Court)... 24
CosT OF WITNESSES IN AN ACTION:
Such Costs as the Judge shall direct.
BAILIFF'S FEES:
For levying every Execution ... ... ... ... ... ... 1 20
Where charge for possession of Levy is incurred, a further sum, which shall
be payable in advance, not exceeding per diem... ... ... ... 60


SOLICITORS' FEES
In Actions for Amounts not Exceeding $48

1. Where the claim is for a liquidated demand and judgment is obtained by
default or confession and-
(a) the sum recovered does not exceed $12 ... ... ... 2 00
(b) the sum recovered exceeds $12 but does not exceed $24... 3 60'
(c) the sum recovered exceeds $24 but does not exceed $48 ... 5 04
2. Where the claim is for an unliquidated demand, or for a liquidated
demand in respect of which judgment is obtained after trial, and-
(a) the subject matter involved or sum recovered or amount
claimed (as the Judge shall direct) does not exceed $24,
such sums as the Judge may award not exceeding... ... 5 04
(b) the subject matter involved or sum recovered or amount
claimed (as the Judge shall direct) exceeds $24 but does
not exceed $48, such sum as the Judge may award not
exceeding ... ... ... ... ... ... ... 10 08

In Actions for Amounts Exceeding $48 but not Exceeding $120
3. Where the claim is for a liquidated demand and judgment is obtained by
default or confession and the sum recovered exceeds $48 but does not
exceed $120 ... ... ... ... ... ...... 12 00
4. Where the claim is for an unliquidated demand, or for a liquidated
demand in respect of which judgment is obtained after trial, and the
subject matter involved or sum recovered or amount claimed (as the
Judge shall direct) exceeds $48 but does not exceed $120 ...... 15 00,

In Actions for Amounts Exceeding $120
5. Where the claim is for a liquidated demand and judgment is obtained by
default or confession and the sum recovered exceeds $120... ... 14 40'
6. Where the claim is for an unliquidated demand, or for a liquidated
demand in respect of which judgment is obtained after trial, and the
subject matter involved or sum recovered or amount claimed (as the
Judge shall direct) exceeds $120, such sum as the Judge may award
not being less than $19.20 and not exceeding... ... ... ... 24 00'

Applications on Notice other than for Leave to Issue Proceedings
Out of the Jurisdiction
7. For leave to defend, for stay of execution or for any other necessary or
proper application-
(a) where the subject matter involved or sum recovered or
amount claimed in the action (as the Judge shall direct)
does not exceed $48, such sum as the Judge may award not
exceeding ... ... ... ... ... ... ... 5 04
(b) where the subject matter involved or sum recovered or
amount claimed in the action (as the Judge shall direct)
exceeds $48, such sum as the Judge may award not
exceeding ... ... ... ... ... ... ... 7 20









Petty Civil Courts. [Ch. 3. No. 3. 49


Particulars, c.
8. For preparing particulars of claim... ... ... ... ... ... 24

Attachment of Debts.
9. Where the amount attached-
(a) does not exceed $48, such sum as the Judge may award not
exceeding ... ... ... ... ... ... ... ... 3 60
(b) exceeds $48 but does not exceed $120, such sum as the Judge
may award not exceeding ... ... ... ... ... ... 7 20
(c) exceeds $120, such sum as the Judge may award not exceeding... 10 00

Garnishee's Solicitors Costs.
10. Where the garnishee appears and admits the debt, such sum as the
Judge may award not exceeding ... ... ... ... ... 2 40

On Issuing Execution.
11. Where the amount of the judgment does not exceed $48... ... ... 1 20
12. Where the amount of the judgment exceeds $48 ... ... ... 3 00

Counsel's Fees.
The following fees for counsel shall be allowed in cases in which the Judge
shall certify the action as proper for counsel:-
(a) where the subject matter involved or sum recovered or
amount claimed (as the Judge shall direct) exceeds $48 but
does not exceed $120, such sum as the Judge may award not
exceeding ... ... ... ... ... ... ... 25 20
(b) where the subject matter involved or sum recovered or
amount claimed (as the Judge shall direct) exceeds $120,
such sum as the Judge may award not exceeding ... ... 50 40
(c) in actions for the recovery of land or for the delivery of
specific goods fees to counsel and solicitor shall be according
to the scale hereinabove provided for claims for un-
liquidated amounts, the Judge fixing the value of the land
or the rent payable in respect thereof whichever is higher,
or the value of the goods, for the purpose of determining the
costs payable thereon.


FORMS.
FoRM 1.
(Ordinary Summons.)
IN THE PETTY CIVIL COURT OF No.
Between
Plaintiff,
And
Defendant.
You are hereby summoned to appear at the Petty Civil Court of on
the day of 19 at the hour of in the forenoon
to answer the plaintiff in an action for the particulars of which are hereunto
annexed.
Dated this day of 19 ,
Chief Clerk.
$ c.
Claim ... .. .
Cost of Summons
Solicitor's Fee ......

$
You are to produce all letters, accounts, bills, memoranda, documents, pass-books
T.-VII. 4










50 Ch. 3. No. 3.] Petty Civil Courts.


and papers in your possession relating to this action. If you do not appear on the
above-named day, judgment will be given against you in default for the whole
amount claimed.
TAKE NOTICE that payment of the amount sued for herein will be accepted by instal-
-ments of payable on the
Plaintiff or Plaintiff's Solicitor.
To the Defendant.
Solicitor to plaintiff is Mr. of
If you confess the plaintiff's claim you should sign a confession thereof in the
presence of the chief clerk or one of the clerks at any time before the action is called
on for trial, subject to the payment of any further costs which any delay by you may
have caused the plaintiff to incur.
If you admit part only of the claim, you may by paying into the chief clerk's
office the amount so admitted at any time before the day of trial, together with costs,
avoid further costs, unless the plaintiff at the trial proves an amount exceeding your
payment.
Summonses for witnesses and for the production of documents by them will be
issued upon application at the chief clerk's Office, upon payment of the proper fee.
Bring this Summons with you when you come to the Court or to the chief clerk's
Office for any purpose connected with this action.

Endorsement after Service.
This Summons was served on the above-named defendant by leaving the same
at by me on the day of 19 ,at
o'clock of the noon.
Bailiff.


FoRM 2.
(Default Summons.)
IN THE PETTY CIVIL COURT OF No.
Between
Plaintiff,
And
Defendant.
TAKE NOTICE that unless within ten clear days after personal service of this
summons on you, you obtain leave to defend in accordance with rule 10, you will
not afterwards be allowed to make any defence to the claim which the plaintiff
makes on you, as per margin, the particulars of which are hereunto annexed; but
the plaintiff may, without giving further proof in support of such claim than the
affidavit filed in Court
$ c.
Claim ... ...
Court Fees ...
Solicitor's Fees ...

Total ... ... $

herein, proceed to judgment and execution.
Dated this day of 19
Chief Clerk.
Plaintiff or Plaintiff's Solicitor.
To the defendant.
(N.B.-This Summons must be personally served on the defendant within a
period of six months from the date of issue.)
If you pay the debt and costs, as permargin on the other side, into the chief
clerk's Office, you will avoid further costs.
If you do not obtain leave to defend, but allow judgment against you by default,
the order upon such judgment will be to pay the debt and costs forthwith.









Petty Civil Courts.


[Ch. 3. No. 3.


Summonses to witnesses and for the production of documents by them will be
issued upon application at the chief clerk's Office, upon payment of the proper fee.
Bring this Summons with you when you come to the Court or to the chief clerk's
Office for any purpose connected with this action.


Endorsement after Service.
This summons was served by personally on
day of 19 at o'clock of the


FORM 3.


IN THE PETTY CIVIL COURT OF


at on the
noon.
Bailiff.


(Summons to Witness.)
No.


Between
Plaintiff,
And
Defendant.
You are hereby required to attend at the Petty Civil Court of on
the day of 19 at the hour of in the forenoon, and so
from day to day until the above cause is tried, to give evidence in the above action
on behalf of the and also to bring with you and produce at the time and
place aforesaid the several documents hereunder specified and all other books,
papers, writings and other documents relating to the above action which may be
in your custody, possession or power. In default of doing so you will be liable to a
penalty of $24.


Dated this


day of


19


Chief Clerk.


IN THE PETTY CIVIL COURT OF


FORM 4.


Between


(Notice to parties added.)
No.

Plaintiff,

Defendant.


I hereby give you notice that by an Order of this Court dated the day of
19 you were ordered to be added as a in the above action, a
copy of the summons in which is hereto annexed.
And further take notice that the hearing of the above action has been adjourned
to the day of 19 at o'clock in the forenoon, and if
you do not attend at the above Court upon the day and at the hour above-mentioned,
either in person or by your Solicitor, such order will be made and proceedings taken
as the Judge shall think fit.
Dated this day of 19
Chief Clerk.


4 (2)


51










-Ch. 3. No. 3.]


Petty Civil Courts.


FORM 5.


(Writ of Execution.)
No.


IN THE PETTY CIVIL COURT OF


Between
Plaintiff,
And
Defendant.
To the Bailiff of the said Court.
These are to require you forthwith to cause execution to be made and levied,
according to law on the personal chattels of the said to the amount
of $
$ c.
Amount of judgment ...
Costs allowed on action
Costs of execution ...
Solicitor's fee ... ...
Execution fee ...
Bailiff ...
Less paid on account ...

Balance or Total ... ...


Given at the above Court, this


FoRn 6.


IN THE PETTY CIVIL COURT OF


(Notice of Discontinuance.)
No.


Between
Plaintiff,
And
Defendant.
TAKE NOTICE that the Plaintiff hereby (wholly discontinues this action or with-
draws so much of his claim in this action as relates to, &c., and if not against all the
defendants add as against the defendant, &c.)


Dated this


day of


19



FORM 7.


IN THE PETTY CIVIL COURT OF


Plaintiff or Plaintiff's Solicitor.


(Confession of Claim.)
No.


Between
Plaintiff,
And
Defendant.
I ,the above-mentioned Defendant do hereby confess and admit that
the sum of $ the amount claimed together with the sum of $ for
costs (or part of the amount claimed) by the Plaintiff in this action is due to him
from me (and that I will pay the same by instalments of


Dated this day of
Signed in the presence of

Clerk of the Court.
I accept the above terms.


The above-named Defendant.


Plaintiff or Plaintiffs Solicitor.


day of
By the Court,


19


Chief Clerk.









Petty Civil Courts.


FORM 8.


IN THE PETTY CIVIL COURT OF


(Interpleader Summons.)
No.


Between
Plaintiff,
And
Defendant.
Claimant.
Whereas has made a claim to certain goods and chattels taken in
execution under process issuing out of this Court in this action, you are hereby
summoned to appear at a Court to be held on the day of 19 ,
at the hour of in the forenoon when the said claim will be adjudicated
upon, and such order made thereupon as to the Judge shall seem fit.
Dated this day of 19
To the above-named
Chief Clerk.

FoRM 9.
(Affidavit for leave to defend Default Summons.)
IN THE PETTY CIVIL COURT OF No.
Between
Plaintiff,
And
Defendant.
1, the above-named Defendant, make oath and say as follows:
1. (Here set out briefly facts constituting defence on which the defendant relies).
2. On the grounds above stated I am advised and verily believe that I have a
good defence to this action on the merits to the whole of the plaintiff's claim (or to
so much of the.plaintiff's claim as relates to the sum of $ .)
Sworn at
Endorsement.
Unconditional leave granted or leave granted on the following conditions.
Dated this day of 19
Judge.


IN THE PETTY CIVIL COURT OF
No. of 19


FORM 10.
(Affidavit of.debt on Default Summons.)


Between


Plaintiff,
And
Defendant.
I, the above-named Plaintiff, make oath and say that the above-
named defendant is indebted to me in the sum of $ for
Sworn at the chief clerk's Office at this day of. 19
Plaintiff.
Or when Affidavit is made by a clerk:
I, make oath and say that I am a person in the employ of the
above-named Plaintiff and that I am duly authorised by to make this
affidavit, and that it is within my knowledge that the aforesaid debt of $
was incurred for and that such debt, to the best of my knowledge and
belief, still remains unpaid and unsatisfied.
Sworn at the chief clerk's Office at this day of 19


[Ch. 3; No. 3;










Ch. 3. No. 3.]


Petty Civil Courts.


IN THE PETTY CIVIL COURT OF


FonR 11.
(Notice of Trial of Default Summons.)
No.
Between
Plaintiff,


Defendant.
You having obtained leave to defend the above action, take Notice that the
same will be tried at the above Court on the day of 19 at the
hour of in the forenoon.


Dated this

To the Defendant.


day of


Chief Clerk of the Court.


FORM 12.
Affidavit for leave to issue Ordinary Summons or Default Summons against
Defendant out of the District.
I, [name, residence and occupation of deponent] make oath and say as
follows:-
1. That [name and address of proposed defendant] is justly and truly
indebted to me [or to (the like of proposed plaintiff)] in the sum of $ for the
price of goods sold [or for money lent, as the case may be].
[Or where the claim is unliquidated].
1. That I [or (the like of the proposed plaintiff)] claim [or claims) to be entitled
to recover from (the like of proposed defendant) the sum of $ for damages
for breach of contract [or as the case may be].
2. That the said debt was contracted (or that the said contract was made (or
broken) or that the said wrongful act was committed, or as the case may be) at
within the district of this Court.
[Where the deponent is not the proposed plaintiff.]
3. And I further say that I am a person in the employ of the proposed plaintiff
[or as the case may be] and that the facts herein deposed to are within my own
knowledge, and that I am duly authorised by the proposed plaintiff to make this
affidavit.
Sworn to
Before me,




FoRa 13
Summons for Recovery of Land.


TRINIDAD AND TOBAGO.
IN THE PETTY CIVIL COURT OF


No. of Plaint.


Between
Plaintiff,
And
Defendant
You are hereby summoned to appear at the Petty Civil Court on
day, the day of 19 at the hour of o'clock in the
noon, to answer the plaintiff's claim to recover possession of situate at
in the County of on the ground stated in the particulars of claim









Pety Civil Courts. [Ch. 3. No. 3. 55


hereto annexed, and also to recover the sum of $ mentioned in the said
particulars.
$ c.
Claim
Fee for Plaint
Solicitor's costs
Total amount of
claim and costs
If you admit the whole or part of the claim and desire time for payment or giving
possession you should within 8 days send to the chief clerk an admission (for which
the form below may be used).
Sending the form to the chief clerk does not relieve you from appearing in Court
on the day named, but delay in sending admission or in giving possession, or in
paying into Court may add to the costs.
Dated this day of 19
Chisf Ctrh.
Plaintiff's Solicitor.
To the Defendant Address
TAKE NOTICE that if you hold the above-mentioned premises as the tenant of any
person other than the plaintiff you must give notice to that person, or to his agent,
of this summons immediately it comes to your knowledge. If you fail to do so you
will be liable to forfeit to him an amount equal to the value of three years rent of
the premises.
In the Petty Civil Court of
v. No.
I admit the Plaintiff's title and his right to immediate possession and offer to
gve possession on the day of 19 I admit the claim for
S (or $ part thereof)
Defendant.
Address to which Notice to be sent:-
Endorsement after Service.
This summons was served by personally on at on the
day of 19 at o'clock of the noon.
Bailiff.


FORM 14.
Summons for Recovery of Land on Ground of Forfeiture for Non-payment
of Rent.
(Title as in Form 1.)
You are hereby summoned to appear at the Petty Civil Court, on
day, the day of 19 at the hour of o'clock in the
noon to answer the plaintiff's claim to recover possession of
situate at in the County of by way of enforcing a right of re-entry
or forfeiture for non-payment of rent, and for rent in arrear. Particulars of the
claim are hereto annexed.
And take notice that if you pay into Court the rent in arrear and the costs entered
on this summons not less than five clear days before the day on which you are
required to appear to this summons the action will cease.
$ c.
Rent in arrear
Fee for plaint
Solicitor's costs
Total amount of arrear
and costs.
Dated this day of 19
Chief Clerk.
Plaintiff's Solicitor.
To the Defendant, of










56 Ch. 3. No. 3.] Petty Civil Courts.


Endorsement after Service.
This summons was served by personally on at on the
day of 19 at o'clock of the noon.
Bailif.


FORM 15.
Notice to Plaintiff of Admission by Defendant in Action for the Recovery
of Land.
(Title of Action.)
TAKE NOTICE THAT:-
1. The defendant admits your title and right to immediate possession of the
land mentioned in your particulars of claim and offers to give possession on the
day of 19 The defendant also admits your claim (or $
part of your claim) for rent and mesne profits (or as the case may be) and proposes
to pay the same on the day of 19
2. It will be necessary for you to attend the Court on the day of hearing in order
to obtain judgment on your claim for possession but no costs incurred by you after
the receipt of this notice in respect of the proof of any matter admitted by the
defendant and stated above will be allowed against the defendant who has made
the admission.
Chief Clerk.


FORM 16.
Notice in Action for the Recovery of Land that Defendant will Limit Defence
to a Definite part of the Land.
(Title of Action.)
TAKE NOTICE, that the above-named Defendant will at the trial of this action
limit his defence to a part only of the land mentioned in the particulars annexed
to the summons; that is to say, [here describe the definite part of the land to which
the defence is limited.]


FoRM 17.
Notice in Action for the Recovery of Land that a person not originally a
Defendant will Appear and Defend.
(Title of Action.)
TAKE NOTICE, that of has filed an affidavit, a copy of which
is hereto annexed, and that by leave of the Court he will appear at the hearing as a
defendant.
Chief Clerk.


FORM 18.
Warrant for possession of Land.
(Title of Action.)
Whereas at a Court holden on the day of 19 it was adjudged
that the plaintiff was entitled to possession of the land mentioned in the particulars
annexed to the summons in this action; that is to say, (here describe the land as
set out in the particulars),
and it was ordered that the defendant should give the plaintiff possession of the
said land on the day of 19 (Add, where judgment for-forfeture
for non-payment of rent, unless the rent in arrear for the said land, amounting to










Petty Civil Courts. [Ch. 3. No. 3. 57


$ and the costs of this action amounting to $ were paid into
Court on or before the day of 19 ,)
And it was adjudged that the plaintiff should recover against the defendant
the sum of $ for rent and mesne profits and $ for costs, making
together the sum of $ And it was ordered that the defendant should pay
the last mentioned sum to the chief clerk of this Court on or before the day of
19 (or by instalments of S for every ):
And whereas the defendant has not obeyed the said order:
These are therefore to authorise and require you forthwith to give possession of
the said land to the plaintiff.
And these are therefore to require and order you forthwith to make and levy
execution for the amount due to the plaintiff under the said judgment (or order)
together with the costs of this warrant and the costs of executing the same according
to law, on the personal chattels of the defendant.
$ c.
Rent and mesne profits ... ...
Costs ...... ...... ...
Fee for issuing this warrant ... ......
Solicitor's cost of issue ... ......
Less paid on account ... ......
Total amount to be levied with fees
for execution of warrant as endorsed
hereon ... ......

Dated this day of 19
By the Court
To the Bailiff
of the Court. Chief Clerk.




FORM 19.
Certificate of Execution of Warrant.
(To be endorsed on warrant.)
(Title of Action.)
I hereby certify that by virtue of the warrant of possession issued herein
I did on the day of 19 deliver full and peaceable possession
to the plaintiff of the land named therein as required by the said warrant.
Dated this day of 19
Chief Clerk.


FORM 20.
Warrant of Delivery where, if goods are not returned, Levy is to be made for
their value.
(Title of Action.)
Whereas, at a Court holden on the day of 19 the plaintiff
obtained judgment against the defendant for the recovery of [specify the goods which
the Court has ordered to be recovered of the defendant.]
of the value of $ and for the payment of ($ for damages for the
detention of the said goods and of) $ for costs and it was ordered that the
defendant should return the said goods to the plaintiff or pay the said sum of
$ their value, to the chief clerk of this Court on the day of
19 : And it was further ordered that the defendant should pay (the said sum










58 Ch. 3. No. 3.] Petty Civil Courts.


of $ damages for the detention, and) the said sum of $ (costs) to
the chief clerk of this Court on the day of 19
And whereas the defendant did not on the said day of 19 return
the said goods to the plaintiff, and default has been made in payment according
to the said order:
These are therefore to require and order you forthwith to seize the said goods,
wheresoever they may be found, and to deliver the same to the plaintiff: *
And if the same cannot be found you are required and ordered to make and levy
execution according to law to the amount of $ (the assessed value of the
goods), on the personal chattels of the defendant.
And you are further required and ordered to make and levy execution according
to law to the amount of $ (damages for detention and costs) on the personal
chattels of the defendant.
Assessed value of the specified goods ... ... $
Damages for detention of goods ... ... ... $
Costs ... ... ... ... .. ... $
Fee for issuing this warrant ... ... ... ... $
Solicitor's costs of issue ... ... ... ...

Total amount to be levied with fees for
execution of warrant, as endorsed hereon

Dated this day of 19
To the Bailiff of the Court.
Chief Clerk.










Jury. [Ch. 4. No. 2. 5








CHAPTER 4. No. 2.

JURY.


PAYMENT TO COMMON JURORS REGULATIONS.

Regulations made under section 31 of the Jury Ordinance. R.G. 3.4.43.
G;N. 129-
1. These regulations may be cited as the Payment to Common Jurors Regulations. 1948.

2. In these regulations-
"common juror" means a juror summoned to appear at a Jury Sessions
and eligible to receive payment for his services under the provisions of the
Jury Ordinance but does not include a juror summoned on a special jury.

3. Save as is hereinafter provided every common juror other than a juror residing
within any of the Wards specified in the next succeeding regulation who is summoned
to any place shall be paid-
(a) in respect of each day's attendance and subsistence threat, in Trinidad
the sum of $3.60, and in Tobago the sum of $3.00; and
(b) in respect of his travelling to and from such place a sum representing
the travelling expenses necessarily and reasonably incurred by him for his
initial journey to such place for attendance threat, and for his final journey
homewards from such place at the close of the Sessions: Provided that whenever
the court to which any such juror is summoned is adjourned, or whenever the
attendance of any such juror shall not be required by the Court, for 2 or more
consecutive days, any such juror shall be entitled to travel to his home, and,
if he makes the journey, to be paid a sum representing the travelling expenses
necessarily and reasonably incurred by him for his actual journey homewards
during such adjournment or during the period when his attendance is not
required, and for his subsequent return to such place after such adjournment
or after such period.

4. Every common juror residing within any of the Wards set out in the first
column of the Table hereunder appearing who is summoned to any place shall be
paid-
(a) in respect of attendance and subsistence, the sum of $1.20 for each day
on which he shall be required by the Court to attend at such place; and
(b) in respect of his travelling to and from such place, such expenses as he
may have necessarily and reasonably incurred but not exceeding the amount
respectively specified in the second column of the said Table: Provided that
whenever the Registrar is satisfied that any of the rates appearing in the said
second column is insufficient to pay the travelling expenses so incurred, he
may grant a special allowance which together with any such rate, shall not in
any case exceed the sum of $2.40 per diem: Provided that each such common
juror who shall elect to, and does in fact, reside temporarily in the City of
Port-of-Spain for the specific purpose of serving as a juror at the Sessions
holden threat shall, on furnishing to the satisfaction of the Registrar, proof
of such temporary residence be entitled to be paid for his attendance and
subsistence threat, the sum of $3.60 per diem.










50 Ch. 4. No. 2.] Jury.


TABLE.
Travelling
Ward. Expenses
per dies.
St. Ann's ... ... ... ... ... .. ... ... $ .84
Diego Martin ... ... ... ... ... ... ... .96
Tacarigua ... ... ... ... ... ... ... ... 1.08
Arima ... ... ... ... ... ... .. ... 1.44

5. Every common juror who uses his motor vehicle for the purpose of travelling
to and from the place to which he is summoned on the occasions specified in these
regulations may in the discretion of the Registrar be paid such allowances for the
use thereof as are ordinarily paid from time to time to public officers under the
Travelling Allowances Ordinance and the regulations made thereunder.

6. First Class passages by Government Railway and/or Steamer may be furnished
to common jurors in respect of their travelling to and from the place to which they
are summoned.

7. Whenever any question shall arise-
(1) as to what sums are payable to a common juror under these regulations,
(2) as to whether or not any expenses were reasonably or necessarily incurred'
by any common juror,
(3) as to any other matter arising out of these regulations,
the decision of theRegistrar shall be final.










Criminal Procedure. [Ch. 4. No. 3. 61


CHAPTER 4. No. 3.


"CRIMINAL PROCEDURE.


EXPENSES OF WITNESSES.
Scale of allowances to Witnesses attending Sessions.
A"
$
Medical Practitioners, Engineers, Surveyors, Clergymen
and other members of the learned professions for
attendance and giving evidence ... ... ... ... Per day 3
Planters, Merchants and Managers ... ... ... ... do. 2
Overseers and Shopkeepers ... ... ... ... ... do.
Small Proprietors and Contractors ... ... ... ... do. 1
Shop Clerks ... ... ... ... ... ... ... do. 1


Mechanics ... ...
Sailors and Labourers ... .
Stevedores ... ...
Head-Stevedores ... ...
Porters ... ...
Watchmen ...
Cabmen or Chauffeurs
Domestic Servants ...
Seamstresses and Launderers
Other Labourers ...


do.
... ... ... ... do.
... ... ... ... do.
... ... ... ... do.
... ... .. ... do.
...... ... do.
... ... ... ... do.
... ... ... ... do.
. .. ... ... do.
S ... .. ... do.


c. $ c.


60 to 5 04
40 to 3 60
1 50
00 to 1 20
OOtol 20


1 20 to 1 50
72 to 1 50
2 00
2 40
72 to 1 20
60 to 1 20
1 50
48 to 72
72 to 1 20
48 to 1 00


Witnesses will also be reimbursed reasonable travelling expenses incurred; and
witnesses from the country under the necessity of putting-up in Town for the night
may be allowed twenty-five per cent. increase on these allowances. Witnesses
residing within the limits of the City of Port-of-Spain and the Borough of San
Fernando and the Suburbs thereof provided for in Class A will be required
to furnish proof of actual loss before payment.


R.G. 11.5.22.










62 Ch. 4. No. 17.] Summary Offences.







CHAPTER 4. No. 17.

SUMMARY OFFENCES.


G.N. 230- Regulations made under section 95 of the Summary Offences Ordinances.
19. 1. These regulations may be cited as the Detention of Animals (Scale of Charges)
Regulations.

2. The following charges shall be paid when animals are handed over to the
Pound Keeper:-
For every horse, mare, gelding, colt, filly, ass, mule, bull, cow, ox,
steer, heifer or calf ... ... ... ... ... .. ... $1.00
For every animal not above mentioned ... ... ... ... '50

3. The following charges shall be paid to cover the expenses of feeding per day:-
For any horse, mare, gelding, colt, filly, mule ... ... ... $1'00
For any ass, bull, cow, ox, steer or heifer ... ... ... ... '75
For any calf ... ... ... ... ... ... ... ... 50
For any pig ... ... ... ... ... ... ... ... '40
For any sheep, goat or other animal ... ... ... ... *25
For any fowl, bird, &c. ... ... ... ... ... 08
Provided that a charge of $1.00 shall be made for
every visit paid to any animal by a Government
Veterinary Officer or other Veterinary Surgeon, and
medicines or drugs prescribed by him shall be
charged for at their actual cost.




FIREWORKS REGULATIONS.

R.G. 13.1.46. Regulations made under section 107 of the Summary Offences Ordinance.
1. The Commissioner of Police or any Superintendent of Police authorised by
him in writing may grant to any person or persons a written permission prescribing
the time, place and conditions at or on which such person or persons may throw,
cast, set fire to or let off any firework or fireworks in a town. The Commissioner
or Superintendent of Police so granting permission may at any time cancel or vary
such permission.

2. Applications must be made in writing 48 hours previous to the time applied
for.

3. The application must contain particulars of the description of fireworks
intended to be thrown, cast, set fire to or let off, and of the particular locality in
the town in which such fireworks are intended to be thrown, cast, set fire to orletoff.









Probation of Offenders. [Ch. 4. No. 22. 63








CHAPTER 4. No. 22.

PROBATION OF OFFENDERS.


Rules made under section 20 of the Probation of Offenders Ordinance. R.G. 21.7.27.

APPOINTMENT, RESIGNATION AND REMOVAL.
1. The appointment of probation officers for the district of a Summary Court
shall be made under the hand of the Governor.
2. Subject to the provisions of rules 3 and 4 every probation officer shall be
appointed in the first instance for a period of one year, and if at the end of this period
his services have proved satisfactory, his appointment may be confirmed by the
Governor, and shall thereafter continue.
3. A probation officer may resign his appointment on giving not less than one
calendar month's notice in writing to the Magistrate of the district to which he is
.appointed.
4. A probation officer may be dismissed by the Governor for misconduct without
notice. His appointment may be determined by not less than one calendar month's
notice in writing, given by direction of the Governor.

DUTIES.
5. A probation officer shall make such preliminary enquiries as the Court may
direct in respect of any offender in whose case the question of the making of a
probation order is under consideration, notwithstanding that no order has been
made. ,
6. When any person (hereinafter referred to as the probationer) is placed under
the supervision of a probation officer, the probation officer shall, subject to any
directions given by the Court (whether in the probation order or otherwise) visit
the probationer and make enquiry as to his behaviour, mode of life and employment.
Such visits shall for the first month be made (unless the Court otherwise direct) at
least once a week; and afterwards their number shall depend on the conduct and
mode of life of the probationer; provided that in the case of persons under 16 regard
shall be had to the desirability of such visits being made at least once a fortnight
during the first six months of the order.
7. In the case of children attending school, the probation officer shall visit the
school and make enquiry of the head teacher as to the child's attendance and
progress.
8. The probation officer shall ascertain that the probationer understands the
conditions of the recognisance, and shall by warning and persuasion endeavour to
ensure his observance of them. If the probationer fails to, obey the conditions
after due warning, the probation officer shall report as hereinafter directed.
9. The probation officer shall, as occasion may arise, advise, assist and befriend
the probationer, and when necessary endeavour to find him employment. For
these purposes he shall secure as far as possible the co-operation and assistance of
social workers and agencies.










64 Ch. 4. No. 22.] Probation of Ofenders.


10. A probation officer shall not wear any uniform or badge distinctive of his
office.

11. Every probation officer shall make himself conversant with the provisions
of the Probation of Offenders Ordinance and of these Rules.

REPORTS.
12. The probation officer shall report as to the conduct and mode of life of the
probationer and his observance of the conditions of his recognisance to such Court
at such intervals and in such a manner as the Court making the Order may direct;
when the Order has been made by the Supreme Court directions for this purpose,
when the Court is not sitting, may be given by the Chief Justice or a Puisne Judge.
In the absence of any directions, the probation officer shall report in writing once
a month to the Magistrate of the district for which he is appointed.

13. If the probationer fails to observe any of the conditions of his recognisance,
the probation officer shall make a report to the Court before which the probationer
is bound by his recognisance to come up for judgment or sentence, if that Court
be then sitting or will sit within a reasonable time. In any other case the probation
officer shall, subject to the direction of the Court making the Order, make the
report to a Court of summary jurisdiction for the district for which he is appointed.

14. The reports to the Court shall be made orally or in writing as the Court may
direct; in the absence of direction they shall be in writing. They shall not, unless.
the Court specially directs, be made in open Court or published.

RECORDS.
15. The probation officer shall keep records of all probationers placed under
supervision, and such records shall include the following particulars: name and
address, sex, age, offence, previous offences (if any), date and duration of Order,
conditions attached to Order; employment, and, in the case of children attending
school, name of school and attendance during probation, number of visits and result.
16. Under the heading Result it shall be stated in general terms whether the
period of probation has been completed to the satisfaction of the probation officer
and of the Court. When the probationer's behaviour has not been satisfactory,
the records should include a statement of the nature of the misconduct and Of the
action taken, e.g., committal to Industrial School or prison.
17. These records shall form part of the permanent records of the Court and shall
be kept at the Court or in such other place and in such custody as the Court may
determine.









Petitions in Lunacy. [Ch. 5. No. 11. 65







CHAPTER 5. No. 11.

PETITIONS IN LUNACY.

PETITIONS IN LUNACY ORDERS.
General Orders made by the Judges of the Supreme Court for regulating R.G.
the procedure under section 15 of the Petitions In Lunacy Ordinance. 26.9.1863.
1. Every petition is to be sighed by the Petitioner and attested by a Solicitor
of the Supreme Court.'
It must also have the signatureof Counsel.
2. Every petition, together with the proper affidavits in support thereof must be
filed in the office of the Registrar two clear days before the same can be set down
for hearing.
3. In the case of a petition alleging that a person is of unsound mind, and praying
for an Inquiry, such petition must be accompanied by affidavits made by two
Medical Practitioners and also by members of the family of the alleged lunatic or
by other persons to whom he is well known, stating the particulars of the
unsoundness of mind and of the conduct and conversation or other facts by which
such unsoundness is shown. Some of the affidavits should also show who are the
nearest relatives of the alleged lunatic within the Colony.
4. Any Judge of the Supreme Court may on the application of the Solicitor for the
Petitioner appoint a day for hearing the petition, and at the same time make Order
as to the person or persons to be served with the petition and affidavits.
5. If the alleged lunatic be married, and the petition is not made by his or her
husband or wife, copies of the petition and affidavits must be served upon the
husband or wife (if within the Colony) at least six days before such petition is heard.
If the petition is made by any other person than the husband or wife or one of
the nearest relations of the alleged lunatic within the Colony, copies of the petition
and affidavits are to be served upon such person or persons as the Judge may
direct in that behalf.
Every such service is to be verified by affidavit.
6. On the day appointed for the hearing of the petition the Court or any Judge
thereof, after hearing the Petitioner by himself or his Counsel or Solicitor, and also
the alleged lunatic or other person served with and appearing to oppose such
petition may, if the Court or Judge shall deem it proper, make an Order directing
an Inquiry before the Court or before a Jury (if the alleged lunatic or such other
person shall require it), and appointing a convenient day for the holding of such
Inquiry.
7. If the Inquiry ordered is to be before a Jury, the Registrar shall issue a precept
to the Marshal, commanding him to summon a Jury of not less than twenty persons
from the persons liable to serve as Jurors.
8. Subpoenas to witnesses may be obtained from the Registrar by the Petitioner
and by the alleged lunatic, or any other person served with the petition and
appearing to oppose it.
9. Notice of such Inquiry must be served on the alleged lunatic, and upon the
person having him in charge (if any such there be); and if there be any doubt of
T.-VIII. 5










66 Ch. 5. No. 11.] Petitions in Lunacy


the alleged lunatic's attending the Inquiry, an Order may be obtained from any
Judge of the Court requiring such alleged lunatic to attend, and the person having
him in charge to produce him at the Inquiry.
10. The oath to be taken by each of the Jurors shall be to the effect following:-
You shall well and truly inquire whether A.B. (the alleged lunatic), is of
"unsound mind and incapable of managing himself or his affairs, and
"a true verdict give according to the evidence, So help you God."
11. The witnesses are to be examined viva voce in open Court, before the Court
or before the Jury (as the case may be).
The Oath to be taken by each witness shall be to the effect following:-
The evidence you shall give to the Court (or to the Court and Jury sworn)
touching this Inquiry shall be the truth the whole truth and nothing but
the truth; So help you God."
12. At the Inquiry, whether before the Court or before a Jury the Counsel for
the Petitioner will begin, and after the examination and cross-examination of his
witnesses, and after the examination of the alleged lunatic, the Counsel for the
alleged lunatic, or other person opposing the petition (if any) may address the
Court or the Jury and, if he thinks fit, produce evidence to meet the case of the
Petitioner or to show the sanity of the alleged lunatic. The Counsel for the
Petitioner may then reply.
If the Inquiry be before a Jury, the presiding Judge is then to sum up the
evidence to the Jury. The Jury after deliberating, are to return their verdict in
open Court to the presiding Judge.
If the Inquiry be before the Court, then the Court, after hearing the evidence
and the Counsel on both sides, will, either at the same or at some subsequent sitting
make an order finding the alleged lunatic to be of unsound mind and incapable of
managing himself or his affairs, or else dismissing the petition.
13. No person, except the alleged lunatic or some person served on his behalf
with the petition by Order of a Judge of the Court, will be allowed to be heard by
himself or by Counsel at the Inquiry; unless by special leave previously obtained
from a Judge of the Court.
14. The verdict of the Jury is to be returned in writing, signed by all the Jurors
agreeing in it.
15. If the alleged lunatic be found either by the verdict of the Jury or by the
Order of the Court to be of unsound mind and incapable of managing himself or
his affairs, then the Court may, after such verdict or Order shall have been duly
entered, make a further Order referring it to one of the Judges of the Court to make
inquiries as to the nature and value of the property of the lunatic, as to the nature
and extent of his trade or business if any, and the income arising therefrom, as to
the persons who are his heirs at law and next of kin, as to the most fit and proper
person to be appointed committee of his person and estate, as to the past and future
maintenance of the lunatic, as to the condition of his family, and as to such. other
matters as the Court may direct.
16. The proceedings under such reference to a Judge shall be carried on in the
same manner and subject to the same Orders and Rules as are applicable to references
made in Chambers.
17. The fees payable to the Court and the Officers thereof, and to the Counsel,
Solicitors, &c., in proceedings in lunacy shall be the same as are allowed by the
Rules of the Supreme Court.









Infants. [Ch. 5. No. 12. 67








CHAPTER 5. No. 12.

INFANTS.


General Rules and Orders made under section 29 of the Infants Ordinance. R.G.
22.5.1867.
1. The Petition shall state-
(1) The name, age and residence of the infant.
(2) The description, particular local situation, and present condition of the
property intended to be sold.
(3) The nature and extent of the estate or interest of the infant, and value
of such property or of such estate or interest, as the case may be.
(4) All the charges and encumbrances affecting such property or such estate
or interest as the case may be; and
(5) The circumstances which make it proper or expedient that such property
or such estate or interest should be sold.
2. The particulars stated in the Petition must be verified by affidavit.
3. On the application of the Solicitor for the Petitioner, an order will be made
by one of the Judges in Chambers appointing a day for the hearing of the Petition,
and directing (with reference to the circumstances of the case) in what newspapers,
and how often the notice required by section 26 of the Ordinance is to be published.
4. The notice will be prepared by the Registrar, and submitted to the Judge for
his approval, before it is published.
5. All Affidavits and Exhibits intended to be used in support of, or in opposition
to the Petition must be filed or deposited in the office of the Registrar three clear
6. On the hearing of the Petition, and of any party opposing the same, the Court
may make an order for the sale of the property, or of the Estate or interest of the
infant, with such restrictions as to price, or reserve bidding, or such other conditions
as to the Court shall seem proper; or may refer the matter to one of the Judges in
Chambers for such enquiries, and with such powers and directions as to the Court
may seem proper.
7. Where it shall appear to the Court expedient that a Guardian should be
appointed to the infant for the protection of his interests in the matter of such
Petition, the Court will refer it to one of the Judges in Chambers to appoint such
Guardian and to take the proper security.
8. The fees and allowances to the Officers and Solicitors of the Court. in respect
of the matters under the said Ordinance, shall be the same as are allowed under the
Rules of the Supreme Court.


5 (2)










68 Ch. 5. No. 13.] Legitimation.








CHAPTER 5. No. 13.


LEGITIMATION.


R.G. 1.12.27 Rules made under section 4 (8) of the Legitimation Ordinance.
1. (1) These Rules may be cited as the Legitimation Rules.
(2) In these Rules:-
the Ordinance means the Legitimation Ordinance.
petitioner means a person applying for a legitimation declaration and
petition has a corresponding meaning.

2. The Rules and practice of the Supreme Court shall so far as practicable govern
all proceedings under the Ordinance subject nevertheless to these Rules.

3. A petition shall be intituled In the matter of the Legitimation Ordinance "
and In the matter of (the person to be declared legitimated" and shall be according
to the form in the Schedule with such variations and additions as the circumstances
may require, and shall state, amongst other matters:-
(a) the place and date of the marriage;
(b) the status and residence of each of the parents, and the occupation and
domicile of the father of the person whose legitimacy the Court is asked to
declare (1) at the date of his birth and (2) at the date of the marriage;
(c) whether there is living other issue of the parents of such person as
aforesaid and the respective names and dates of the birth of such issue;
(d) the persons (if any) affected by the legitimation of such person as
aforesaid and the value so far as is known of the property (if any) thereby
involved;
(e) whether any and if so what previous proceedings under the Ordinance
or otherwise with reference to the paternity of such person as aforesaid or the
validity of the marriage leading to his legitimation have been taken in any
Court;
(f) that there is no collusion.
A petition shall also include an undertaking by the petitioner to pay the costs
of the respondents if the Court shall so direct.

4. If the petitioner does not reside in the Colony the petition shall state an address
in the Colony at which the petitioner may be served with any summons, notice,
order of Court, or other process.

5. Where it appears on the presentation to the Registrar of a petition that the
petitioner does not ordinarily reside in the Colony even though temporarily resident
within it, the petition shall not be filed until security for costs by deposit of money
or otherwise be given to the satisfaction of the Registrar.

6. The respondents to a petition shall be the Attorney General and all persons
whose interests may be affected by the legitimation declaration asked for, and the
Court may at any time direct any persons not made respondents to be made
respondents and to be served with the petition and affidavit and may adjourn the
hearing of the petition for that purpose on such terms as to costs or otherwise as
may be just.









Legitimation. [Ch. 5. No. 13. 69


7. The petition shall be accompanied by an affidavit made by the petitioner
verifying the facts of which he has personal knowledge and deposing as to his belief
in the truth of the other facts alleged in the petition, and the affidavit shall be filed
with the petition.
8. (1) There shall be filed with the petition as many copies of the petition and
the affidavit as there are respondents to be served and also a copy for the use of
the Court.
(2) There shall be lodged with the petition every birth, death or marriage
certificate intended to be relied upon at the hearing.
9. A copy of the petition and a copy of the affidavit shall be delivered or sent
by registered post by the petitioner to the Attorney General at least twenty-eight
days before the petition is filed.
10. (1) A sealed copy of the petition and affidavit shall, unless the Court
otherwise directs, be served twenty-eight days at least before the hearing on every
respondent (other than the Attorney General) personally, and the petition and
every copy to be served on a respondent (other than the Attorney General) shall be
endorsed with a notice according to the form in the Schedule.
(2) At least twenty-eight days' notice of the day whereon the petition will
be heard shall be given by the Registrar to the Attorney General.
11. (1) A respondent may within fourteen days after service of the petition
upon him file an answer to the petition.
(2) Every answer which contains matter other than a simple denial of the
facts stated in the petition shall be accompanied by an affidavit made by the
respondent verifying such other matter as far as he has personal knowledge thereof,
and deposing to his belief in the truth of the rest of such other matter.
(3) There shall be filed with the answer as many copies of the answer and the
affidavit (if any) as there are other parties to the petition, and also a copy for the
use of the Court.
(4) The Registrar.shall within twenty-four hours of receiving them, send one
sealed copy of the answer and the affidavit to the petitioner, the Attorney General
and any other respondents.
12. The Court may make such orders as to costs as it shall in its discretion think
fit.
13. A copy of the order made on the hearing of a petition, sealed with the seal
of the Court, shall be supplied by the Registrar to any party to the proceedings on
payment of the prescribed fee.
14. The Fornms numbered 1 to 5 in the Schedule hereto shall be used with such
modifications as circumstances shall require.

SCHEDULE
FORM 1.
Legitimation Petition.
IN THE SUPREME COURT OF TRINIDAD AND TOBAGO.
In the matter of the Legitimation Ordinance
and
In the matter of A.B. of (state name, address and description of the person whose
legitimacy the Court is asked to declare).
To Their Honours the Judges of the Supreme Court.
The petition of the above-named A.B.
Showeth as follows:-
1. Your petitioner is of the sex and was born on the day of
19 at The birth of your petitioner is registered in Vol.
Folio Entry No. for the year









70 Ch. 5. No. 13.] Legitimation.


2. Your petitioner is the natural child of C.D. of by E.F., of
3. Neither the said C.D. nor E.F. was married at the date of the birth of your
petitioner, the said C.D. being then a spinster (or widow) residing at and
the said E.F. being then a bachelor (or widower), and residing at and
domiciled in
4. The said C.D. and E.F. were lawfully married to one another on the
day of 19 at The said C.D. and E.F. have had issue
children and no more, namely (state names and dates of birth of such issue).
5. At the date of the marriage, the said C.D. was a spinster (or widow) and the
said E.F. was a bachelor (or widower) and was residing at and was domiciled
in
b. The following persons are affected by the legitimation as aforesaid of your
petitioner:
[State names and addresses and descriptions and relationship.]
7. The value of the property involved by the legitimation of your petitioner, is

8. Your petitioner is not acting in collusion with or with the connivance of any
person for the purpose of obtaining a decree and declaration of legitimacy contrary
to the justice of the case.
9. No previous proceedings under the Legitimation Ordinance or otherwise,
with reference to the paternity of your petitioner or the validity of the marriage
of the said C.D. and E.F. have been taken in any Court (or as may be).
10. Your petitioner undertakes to pay the costs of the respondents to this petition
if the Court so directs.
Your petitioner therefore prays-
That it may be decreed and declared that the said C.D. and E.F. were lawfully
married at on the day of 19 and that by such
marriage Your Petitioner became legitimate as from the date of the said marriage
(or as from the date of the commencement of the Legitimation Ordinance) for the
purposes of the Legitimation Ordinance.
That the costs of the respondents to this petition may be taxed or otherwise,
ascertained.
Dated the day of 19

NoTE.-It is intended to serve this petition on the Attorney General and on

[To be indorsed on the petition.]

NOTICE.
Take notice that the within petition will be heard at the Court holden at
on the day of 19 at o'clock in the noon and
in default of your then appearing either in person or by your Solicitor the Court
will proceed to hear the said petition and pronounce judgment your absence
notwithstanding.
If you desire to file any affidavits in answer to.the petition you must file them
in the above Court within fourteen days after service on you of the within petition.


(Signed)


Registrar.










Legitimation. [Ch. 5. No. 13U 71


FORM 2.
Affidavit in Support of Petition.
IN THE SUPREME COURT OF TRINIDAD AND TOBAGO.
In the matter of the Legitimation Ordinance
and
In the matter of A.B. of (state name, address and description of the person 'whose
legitimacy the Court is asked to declare).
I. of the petitioner in the above matter, make oath and say
as follows:--
1. That the statements contained in paragraphs of my petition dated
the day of 19 are true.
2. That the statements contained in paragraphs of my said petition are
true to the best of my knowledge, information and belief.
Sworn, &c.




FORM 3.
Notice to Attorney General.
IN THE SUPREME COURT OF TRINIDAD AND TOBAGO.
In the matter of the Legitimation Ordinance
and
In the matter of A.B. of (state name, address and description of the person whose
legitimacy the Court is asked to declare).
Take notice that the petition in the above matter will be heard at the Court
holden at on the day of 19 at o'clock in
the noon.
Registrar.




FORM 4.
Answer to Legitimation Petition.
IN THE SUPREME COURT OF TRINIDAD AND TOBAGO.
In the matter of the Legitimation Ordinance
and
In the matter of A.B. of (state name, address and description of the person whose
legitimacy the Court is asked to declare).
The respondent L.M., by P.Q., his solicitor (or in person), in answer to the
petition filed in the above matter, says:
(1) That (the petitioner is not the natural child of E.F. as alleged in the petition);
(2) That (at the time of the birth of the petitioner, the petitioner's mother C.D.
was married to a third party, namely (or as may be) ) Wherefore
this respondent humbly prays that the prayer of the petition may be rejected.
Dated the day of ,19









72 Ch. 5. No. 13.] Legitimation.


FORM 5.
Legitimation Decree.
IN THE SUPREME COURT OF TRINIDAD AND TOBAGO.
In the matter of the Legitimation Ordinance
and
In the matter of A.B. of (state name, address and description of the person whose
legitimacy the Court is asked to declare).
Upon reading the petition of A.B. of presented to this Court in the
above matter and upon reading the affidavits of and the several exhibits
thereto;
AND upon hearing
AND the Court being satisfied that the allegations contained in the said petition
are true and that all proper persons have been served with the said petition.
IT Is DECREED AND DECLARED that C.D. of and E.F. of in
the said petition mentioned were lawfully married at on the day
of 19 and that by such marriage the said A.B. was legitimate for
the purposes of the Legitimation Ordinance as from the day of
19 (being the date of the said marriage) [or as from the 1st day of December,
1927, (being the date of the commencement of the said Ordinance)].
AND IT IS ORDERED that the costs of the respondents to the said petition be
taxed by the Registrar.

R.G. Regulations made under Clause 1 of the Schedule to the Legitimation
3.11.27. Ordinance.
16.12.37.
1. Re-registration under the provisions of section 3 of the Legitimation Ordinance
with respect to births legitimate by the Ordinance shall be effected at the Registrar
General's Office, Port-of-Spain.
2. Fur the purpose of re-registration of a birth, parents giving information to the
Registrar General shall produce, and in cases coming within the provisions of clause 1
(a) of the Schedule to the Ordinance, where such information can be furnished by
one parent, such parent shall produce:-
(1) A Statutory Declaration by both parents or by one parent where
permitted, containing (a) particulars of the number of children born and of
those dead at the date of application and of the marriage of the parents; (b) a
statement of facts establishing the domicile of the father at the time of the
marriage; and (c) a statement that neither parent was married to a third person
when the illegitimate child or children were born;
(2) Certificates of the birth of each child to be legitimate;
(3) Certificate of the marriage of the parents;
(4) Such evidence of identity of the parents or children as the Registrar
General may require;
(5) Such other evidence as the Registrar General thinks fit.
3. (1) In cases coming within the provisions of clause 1 (b) of the Schedule, the
parent shall produce the evidence set forth in regulation 2 hereof together with an
office copy of the order of the Court.
(2) In cases coming within the provisions of clause 1 (c) of the Schedule, the
parent shall produce an office copy of the order of the Supreme Court together with
such evidence as will enable the Registrar General to effect the re-registration.
4. (1) Parents or a parent, where permissible, may give such information and
produce such evidence to a Superintendent Registrar who shall immediately forward
the same to the Registrar General.
(2) Where such evidence is satisfactory to the Registrar General the parents
or parent, where permitted, shall attend at the office of the Registrar General in
Port-of-Spain to witness the entry of the particulars as provided in regulation 5
hereof within seven days of the date specified in the notice to the parents orparent.









Legitimation.


[Ch. 5. No. 13.


5. (1) Entry of the particulars to be re-registered shall be made by the Registrar
General in the Register provided for that purpose in the presence of the parents
-or parent, as the case may be, and such parents or parent shall sign the Register
in the presence of the Registrar General.
(2) Re-registration of the birth of a legitimate person shall be effected in a
Register Book kept for that purpose which shall be according to the form set out
in the Schedule hereto.
6. No fee is payable for registration in cases where it is effected on information
furnished within the time specified, that is to say:
(a) If the marriage took place before the commencement of the Ordinance,
within six months of such commencement;
(b) If the marriage took place after the commencement of the Ordinance,
within three months after the date of the marriage;
but in all other cases there shall be charged in respect of such re-registration the
following:
S
For one or two entries ... ... .. ... 1.20
For each entry thereafter ... ... ... .60
For any number of entries exceeding four :.. 2.40
7. The fees for searches and certificates shall be the same as those payable under
the Births and Deaths Registration Ordinance.


SCHEDULE.

Births Re-registered under the Legitimation Ordinance.

0 W


6 4 r r 0 Z g.-
CIS 0 i 2 P4&

Uj e 0 1 2 1
:5 4 P z z A Q4P___










74 Ch. 5. No. 16.] Maintenance Orders (Enforcement).








CHAPTER 5. No. 16.


MAINTENANCE ORDERS (ENFORCEMENT).


R.G. Rules made under section 11 of the Maintenance Orders (Enforcement)
14.12.22. Ordinance.
30.11.33.
1. The copy of an order made by a Court outside the Colony and received by
the Governor under section 3 of the Ordinance shall, unless the order was made
by a Court of superior jurisdiction, be sent to the Magistrate of the district in which
the defendant is alleged to be living.
2. The copy of a provisional order made by a Court outside the Colony and
received by the Governor under section 6 of the Ordinance shall be sent to a
Magistrate in the manner provided by the foregoing rule with the accompanying
documents and a requisition for the issue of a summons.
3. The Magistrate to whom any order is sent in accordance with the above rules
shall enter it or cause it to be entered in his register on the date on which he receives
it in the same manner as though the order had been made at his Court, distinguishing
it from the other entries in such manner as he may find most convenient, so as to
show that it is entered in pursuance of the Ordinance.
4. When an order provisionally made outside the Colony has been confirmed
with or without modification under section 6 of the Ordinance by a Magistrate or
the Magistrate has decided not to confirm it, such Magistrate shall send notice
thereof to the Court from which it issued and also to the Governor.

5. When an order has been registered under section 3 of the Ordinance or a
provisional order has been confirmed by a Magistrate under section 6, the
Magistrate shall, unless satisfied that it is undesirable to do so, direct that all
payments due thereunder shall be made through an officer of the Court or such
other person as he may specify for the purpose. Such direction may be given
without any complaint or application.
6. The person through whom the payments are directed to be made shall collect
themoneysdue under the order in the same manner as though it were an affiliation
order, and may take proceedings in his own name for enforcing payment, and shall
pay the said moneys as and when collected to the person to whom they are due:
Provided that when such last-mentioned person is absent from the Colony the said
moneys may be sent by the person collecting the same to the Accountant General
for transmission to the person entitled through whatever channel the Colonial
Secretary may deem most convenient in the circumstances.
7. When a provisional order made under section 5 of the Ordinance has been
remitted under subsection (4) of that section to a Magistrate for the purpose of
taking further evidence, notice specifying the further evidence required and the
time and place fixed for taking such evidence shall be sent by the Magistrate to
the person on whose application the provisional order was made.

8. When it is desired to enforce under section 4 of the Ordinance an order made
in the Colony against a defendant who is resident abroad, a certified copy of the
order shall be forwarded to the Governor with a statement giving the full address
and personal description of the defendant, to which his photograph shall, if possible,
be attached.









Maintenance Orders (Enforcement).


9. (i) When an order is made provisionally under section 5 against a defendant
who is resident abroad, the evidence taken at the hearing shall be put in the form
of a deposition and sent to the Governor with a certified copy of the order and a
statement of the grounds on which it might have been opposed if the defendant
had appeared in obedience to a summons duly served on him. Such an order shall
show clearly on its face that it is provisional. A certificate of marriage shall, if
possible, be attached to the depositions as an exhibit in proof of the marriage.
(ii) The statement of the grounds on which the making of the order might
have been opposed if the defendant had appeared in answer to a summons shall be
signed by the Magistrate having cognisance of the case and shall be in the form set
out in the Schedule hereto.
10. All sums shall be made payable in sterling.
11. The prescribed officer mentioned in section 3 and subsection (1) of section 6
of the Ordinance shall, if the order is to be registered in the Supreme Court, be the
Registrar of the Court and, if it is to be registered in a Court of summary jurisdiction,
the Magistrate of the District in which the order is to be enforced.
12. All orders, copies of which are transmitted for their enforcement to the
Supreme Court, shall be entered in a register to be kept for that purpose, and the
copies so transmitted shall be filed in the Registrar's office.
13. Such register shall be open to inspection upon payment of a search fee of
60 cents.
14. Copies of orders so registered shall be supplied upon payment of the proper
fees.
15. All orders and provisional orders sent to the Governor for enforcement abroad
shall be entered in the said register and a note made thereof in the Court minutes
of the suit in which any such order occurs.
16. The prescribed officer shall give such further directions as to the filing,
registering and transmission of all such orders under the Ordinance as he shall
think proper.
17. The prescribed notice mentioned in subsection (4) of section 5 of the Ordinance
shall be by service on the applicant of a notice of the date when the matter is coming
on for hearing in the like manner as notices or summonses are served in the several
Courts.

SCHEDULE.
Statement under section 5 (3) of the Ordinance.
In the District.
A.B.
v.
C.D.
The grounds upon which the making of the order herein might have been opposed
if the said C.D. had been duly served with a summons and had appeared at the
hearing are:-
1. That he was not married to the said A.B.
2. That his marriage to the said A.B. was void in law.
3. That a decree of divorce or of nullity of marriage had been pronounced by
a competent Court.
4. That a decree of judicial separation or an order having the effect of such a
decree was in force at the time of the said hearing.
5. That he and his wife A.B. were living apart by mutual consent or agreement.
6. That his wife had deserted him.
7. That A.B. had committed adultery which had not been condoned, connived
at or by wilful misconduct or neglect conduced to by him.
8. That he had reasonable cause to leave his said wife.
Given under my hand this day of 19 at the
Court aforesaid.
Magistrate for


[Ch. 5. No. 16. 75









76 Ch. 6. No. 1.] Crown Debts.








CHAPTER 6. No. 1.


CROWN DEBTS.


R.G. Rules made by the Judges of the Supreme Court under the authority of sec-
19.4.180 .. tion 9 of the Crown Debts Ordinance for the recovery of Debts due to the
Crown.
Suits for Crown Debts, Penalties or Liquidated Demands.
1. All such suits shall be commenced by an information in the name of the Attorney
General on behalf of His Majesty the King, signed by the Attorney General and
one of the Solicitors of the Supreme Court.
2. An information may be filed with the Registrar of the Court on any day of
the year except Sundays and Public Holidays.
3. Every information shall be accompanied by an Affidavit by the Crown Solicitor
or the Accountant General, or the proper officer of the Government, showing the
amount due to the Crown. Such Affidavit may be made according to the Form
marked 1, or to the like effect.
4. The information and Affidavit shall be laid by the Registrar before a Judge
without delay, and the Judge will, if he sees fit, grant a fiat thereon according
to the Form marked 2.
5. Upon such fiat a Writ of Capias ad respondendum shall issue to the Marshal
according to the Form marked 3. The Writ shall be prepared by the Registrar and
signed by him.
6. Such Writ shall be in force for Six Calendar Months from the date thereof;
but the same may be renewed from time to time for a like period before the
expiration thereof, by an endorsement thereon to be made by the Registrar upon
the order of any Judge of the Court according to the Form 4.
7. The defendant, having given bail to the Marshal, must appear and file his
Recognisance within fourteen days from the day of service; in default whereof
Judgment may be signed.
8. If the defendant be arrested and give bail to the Marshal for his appearance
he shall, at least three clear days before entering such appearance, give to the
Solicitor for the Crown, a notice containing the names and addresses of his proposed
bail, and stating the time and place at which bail is to be given before one of the
Judges of the Court.
9. If such bail be approved by the Crown, or if no valid objection be made thereto,
then the Recognisance is to be prepared' by the Defendant's Solicitor, and acknow-
ledged before one of the Judges of the Court, and after acknowledgment filed in the
office of the Registrar.
10. If the defendant requires further time for appearance or perfecting his bail,
or for pleading, the same may be obtained by summons and order of a Judge.
11. The defendant must also enter his appearance at the time of filing his
Recognisance. The Recognisance may be according to the Form 5.
12. If the defendant appears in due time he shall be allowed six days to plead,
or such further time as may be allowed to him by the order of any Judge of the
Court.









Crown Debts. [Ch. 6. No, 1 77


13. When a defendant appears in person, he shall specify at the foot of the
Memorandum of Appearance to be delivered to the Registrar some house within
the City of Port-of-Spain where all Notices and other proceedings may be left for
him. And all services of such Notices, and other proceedings may be made at the
address so given by him.
14. All pleadings must be filed in the office of the Registrar of the Court and
marked with the date of the day on which they are filed; and notice of the filing
thereof shall be served by the Solicitor filing the same upon the opposite party or
his Solicitor.
15. If the defendant, having appeared in due time, shall fail to plead within the
time allowed for that purpose Judgment may be signed.
16. If the defendant shall be arrested upon the Capias ad respotdedsum and
taken to prison for want of sufficient bail, then a copy of the information shall be
served by the Solicitor for the Crown in the manner directed by section 4 of the
Ordinance: and such service shall be proved by Affidavit to be filed before Judgment
shall be entered by default.
17. Execution may issue after fourteen days from the day of signing Judgment.
18. The Writ of Execution (Capias extend facias) may be according to the Form 6.
Every Writ of Execution for the recovery of any debt, penalty or sum of money
shall be endorsed with a direction to the Marshal to levy only the money really
dlue and payable and sought to be recovered under the Judgment.
19. When the defendant shall plead to the information, the subsequent pleadings
and proceedings to the trial of the cause and at the trial, shall be governed as nearly
as may be practicable by the Rules of the Supreme Court.
20. A defendant may at any time before the trial withdraw his plea; whereupon
the Crown may at any time after the filing of such withdrawal enter Judgment
and after fourteen days issue process thereon.
21. Where the defendant confesses such information, such confession shall be
filed before signing Judgment.
22. Judgment may be signed either in term or out of term and shall be entered
on the day, month and year when signed: but it shall be competent for the Court
or a Judlge to order a Judgment to be entered nunc pro tune.
23. All Judgments after trial may be signed in the same manner and subject
to the same Rules as Judgments after trial in Actions in the Supreme Court.
24. it shall be competent for the Judge before whom the trial is had to grant
speedy execution in the same manner and on the same terms as in Actions in the
Supreme Court.
25. A new trial may be applied for and granted in the same manner and upon
the same grounds as in any Action in the Supreme Court: such application must
Ib made within the first four days of the next term after the trial.
26. When a Capias extend facias has issued, the Marshal shall give ten days
notice in writing to the defendant and by Notice in the Royal Gazette of the taking
of thel Inquisition.
27. The Inquisition shall be taken before one of the Judges of the Court at the
lirst convenient time after the issue of the Writ.
28. It shall be competent to the defendant and to any other person interested
to attend the Inquisition personally or by Counsel to cross-examine the Witnesses
adduced on behalf of the Crown, to adduce other evidence, and to be heard in
defence of his rights.
29. All questions of law or fact arising at the Inquisition shall be determined
by the presiding judge or by the Jury in the same manner as upon the Trial of
any issue in the Supreme Court.
30. The findings of the Jury upon the Inquisition shall be noted by the Registrar
of the Court, under the direction of the presiding Judge and a minute theredf,
signed by the Registrar, shall be delivered by him to the Marshal.










Ch. 6. No. 1.]


Crown Debts.


31. The Marshal shall make his Return to the Capias extend facias in conformity
with the findings of the Jury as to the lands and tenements, goods and chattels,
debts, credits, specialities and sums of money; ahd the Writ and Return, with
the Schedules if any shall be filed in the cause. Such Return may be according
to the Form 7 or to the like effect.
32. The Marshal is to extend first the goods and chattels of the Defendant to
a sufficient amount, and in default of sufficient goods and chattels then upon the
lands and tenements of the Defendant to a sufficient amount to satisfy the sum
endorsed on the Writ and costs if any.
33. If any of the lands of the defendant shall be under any mortgage prior and
preferential to the lien of the Crown, the Marshal shall endeavour to ascertain
the same, and the amount due thereon, and shall, when practicable, state on his
Return the particulars of such mortgage, and the amount due thereon.
34. At any time after the filing of the Writ and Return, the Solicitor for the
Crown may apply to a Judge for the Order for the Writ of Venditioni Exponas.
Such Order may be in Form 8.
35. After the expiration of the time allowed, if no claim shall have been put
in to any of the goods, chattels and effects mentioned in the Marshal's Return, or
if a claim or claims shall have been put in to a part only of such goods, chattels
and effects, then the Writ of Venditioni Exponas may be sued out, as of course,
without further order, for such and so many of the said goods, chattels and effects
as shall not have been claimed. The Writ of Venditioni Exponas may be according
to the Form 9.
36. The Marshal shall give ten days notice by advertisement in the Royal Gazllte
of the sale of the goods.
37. The Marshal shall sell such goods, chattels and effects for the best prices
which he can obtain for the same and without any appraisement. He shall sell
for cash only and shall, as soon as possible after the sale, make his Return of such
sale and of the produce thereof, and after deducting his fees and necessary expenses
(if any) shall pay the residue of such produce of sale into the Treasury, with the
privity of the Registrar of the Court to abide the Order of the Court.
38. If the goods, chattels and effects available for the payment of the debt due
to the Crown with the costs (if any be payable) and the expenses be insufficient
in amount and value, then the Attorney General may obtain upon motion in Court,
with notice to the Defendant, an Order for the sale of the real estate of the
Defendant, or a sufficient part thereof.
39. If the real estate proposed to be sold be subject to a mortgage preferential
to the lien of the Crown, the Attorney General must give to the mortgagee notice
of his intended motion for an Order to sell the property subject to the mortgage.
40. Sales of lands and other real estate are to be made by the Registrar of the
Court in the same manner and upon the same terms and conditions as sales of
real estate taken in execution under the Remedies of Creditors Ordinance.


FORMS.
(1)
Affidavit to be filed with the information for recovery of a Crown debt, or
a penalty, or liquidated demand.
TRINIDAD AND TOBAGO.
In the Supreme Court.
(Revenue Side.)
1, C.D. of in the of in the Colony make oath
and say, that I am (describe his office); that A.B. at present of in
of in the Colony is justly indebted to Our Sovereign Lord the King,
in the sum of for (moneys had and received by the said A.B. as
to the use of our said Lord the King or otherwise as the case may be); and that
no part of the said sum of money hath been paid or otherwise satisfied.









Crown Debts. [Ch. 6. No. 1. 79


(2)
Fiat of a Judge.
Let a Writ of Capias ad respondendum issue against the above-named A.B. for
the recovery of the above-mentioned sum of
Dated this day of
(Signature of Judge.)

(3)
Writ of Capias ad Respondendum.
TRINIDAD AND TOBAGO.
... by the Grace of God of the United
Kingdom of Great Britain, Northern
Ireland, &c., &c.
To the Marshal
GREETING :
We command you that. you take A.B. of by his body wherever you
find him, within the Colony, and you keep him safely and securely until he shall
have given you bail, or until the said A.B. shall by other lawful means be discharged
from your custody; and we do further command you that on the execution hereof
you deliver a copy of this Writ to the said A.B. And we do hereby require the
said A.B. to take notice that within fourteen days after execution hereof on him
exclusive of the day of such execution he shall cause an appearance to be entered
for him in our Supreme Court touching the matters contained in a certain information
exhibited against him in our said Court by our Attorney General and shall within
the same time cause special bail to be put in for him to the said suit; and that in
default of so doing such proceedings may be had and taken as are mentioned in
the warning at the foot hereof; And we do further command you that immediately
after the execution hereof you do return this Writ to Our said Supreme Court,
together with the manner in which you shall have executed the same, and the day
of the execution thereof, or if the same shall remain unexecuted, then that you do
so return the same at the expiration of Six Calendar Months from the date hereof,
or sooner if you shall be thereto required by Order of the said Court, or by any Judge
thereof.
Witness His Honour The Chief Justice of our said Court at Port-of-Spain the
day of in the year of Our Lord 19
Registrar.

Warning to the Defendant at foot of the Writ.
If a defendant having given bail on the arrest, shall omit to enter an appearance
and put in special bail, as above required, the Crown may proceed on the Bail Bond,
or may sign judgment on the information, and issue execution on such judgment.


Endorsement on the Writ.
This Writ was issued out against the said A.B. by J.D. of the Crown
Solicitor (or Solicitor for the Attorney General as the case may be) for the recovery
of $ for [state shortly the nature of the debt].
J.D.
Port of Spain.

(4)
Endorsement for Extension of Writ
Extended for a further period of Six Calendar Months by order of His Honour
the Chief Justice (or Mr. Justice as the case may be) made this day
of
Registrar.










80 Ch. 6. No. 1.]


Crown Debts.


(5)
Form of Recognisance.
TRINIDAD AND TOBAGO.
In the Supreme Court.
(Revenue Side.)
In the Matter of
The Attorney General vs. A.B.
Be it remembered that on this day of I A.B. of
C.D. of and E.F. of came in their proper persons before
me Chief Justice (or one of the Judges) of the said Court, and jointly and
severally acknowledged themselves to be indebted to His Majesty the King His
Heirs and successors in the sum of $
Upon condition that if Judgment shall be given against the said A.B. in this
matter and the said A.B. shall satisfy the said Judgment, and costs if any, or render
himself a prisoner to the Marshal, then thisrecognisance of bail to be void, otherwise
to be and remain in full force and virtue.
A.B.
C.D.
E.F.
Taken and acknowledged at
the day and year above written
Before me,
(Signature of Judge.)


(6)
Writ of Extent for a Crown Debt on a Judgment.
(Capias Extendi Facias.)
In the Supreme Court.
(Revenue Side.)
TRINIDAD AND TOBAGO.
To the Marshal
GREETING:
Whereas by judgment of our Supreme Court, we lately recovered against A.B.
the sum of $ which said sum of $ still remains due and unpaid
to us as by the records of the said Court appears; now we being willing to be satisfied
the said sum of $ with all speed we can, as is just, do command you that
you take the said A.B. by his body wherever he shall be found in the Colony and
keep him safely and securely in the Royal Gaol, till we shall be fully satisfied our
said debt; and that as well on the oaths of good and lawful men by whom the truth
may be better known as by all other lawful means, you diligently inquire what
lands and tenements the said A.B. now hath in the Colony, and what goods and
chattels, and what debts, credits, specialities, and sums of money the said A.B.
or any other person or persons, to his use or in trust for him, now hath or have in
the Colony; and that all and singular the said goods and chattels, lands and
tenements, debts, credits, specialities and sums of money, in whose hands soever
the same now are you do extend and take and seize into our hands there to remain
until we shall be fully satisfied the said debt. And we further command you that
you distinctly and openly make appear to the Judges of our said Court on the
day of now next ensuing in what manner you shall have executed
this our command, and that you then have there this writ. Provided that what
goods and chattels you shall seize into our hands by virtue hereof you do not sell
or cause to be sold until we shall otherwise command you.
Witness His Honour our Chief Justice of Our said Court the
day of in the year of Our Lord


By the Court,


Registrar..









Crown Debts. [Ch. 6. No. 1. 81


(7)
The Marshal's return to the Writ of Capias Extendi Facias.

1 do hereby humbly certify to the Supreme Court that I have taken the within
named A.B. and lodged his body in the Royal Gaol.
The residue of the Execution of this Writ appears in the Inquisition and Schedules
hereunto annexed.
E. M., Marshal.
TRINIDAD AND TOBAGO.
At an Inquisition taken at the Supreme Court in the City of Port-of-Spain, on
the day of 19 before His Honour one of the Judges
of the Supreme Court, by virtue of the King's writ to me directed and hereunto
.annexed upon the oaths of twelve good and lawful men of the Colony, who being
sworn and charged on their oath say that the said A.B. in the said Writ named after
the day of in the year of Our Lord, &c., was seized in of
fee of and in all that, &c., situate and containing. &c., now in the occupation oY
G.P. (after enumerating the lands'the Inquisition proceeds thus): and the Jurors
aforesaid, on their oath aforesaid further say that the said A.B. on the said
day of was and on the day of the taking of this Inquisition is in possession
.as of his own proper goods and chattels of and in,' &c. [set out leasehold interests,
&c., if any]; And the Jurors aforesaid upon their oath afoiesaid further say, that
the said A.B. on the said day of was possessed as of his own
proper goods, chattels and effects of the several goods, chattels and effects in the
first Schedule hereunto annexed marked with the letter "A" particularly mentioned
.and expressed; and the Jurors aforesaid, upon their oath aforesaid, further say that
the several persons named in the second Schedule hereunto annexed marked with
the letter B on the same day and year last aforesaid, and on the day of taking
this Inquisition are and each of them respectively is indebted unto the said A.B.
in the several sums of money mentioned in the last mentioned Schedule, and set
against the name of each of the several persons respectively. All which said lands,
tenements, debts, goods, chattels and effects and the remainders of the said several
terms of years (if any) I the said Marshal on the day of taking this Inquisition have
extended, seized and taken into His Majesty's hands, pursuant to the command of
the said Writ. And the Jurors aforesaid upon their oath aforesaid do further
say that the said A.B. on the said day of or at any time since had
not, nor on the day of taking this Inquisition had he or hath any person to his
use or in trust for him any other or more lands or tenements in the Colony, to the
knowledge of the said Jurors; nor on the said day of had he
nor at the time of taking this Inquisition had he or any person to his use or in trust
for him any other or more goods or chattels, debts, credits; specialities or sums of
money in the Colony, to the knowledge of the said Jurors which I can take and
seize into the hands of His Majesty as by the said Writ I am commanded. All which
I certify to the Court.
Marshal.



(8)
TRINIDAD AND TOBAGO.
In the Supreme Court.
(Revenue Side.)
In the Matter of the Attorney General vs. A.B,
On the application of J.D., Solicitor for the Crown, I do hereby order that if no
one shall appear and claim the property of the several goods and chattels lands
and tenements, debts, credits, specialities and sums of money (or as the case may be)
particularly mentioned and described in the foregoing Inquisition and several
Schedules thereto annexed within ten days from this day a Writ of Venditioni
Exponas do issue to sell the same.
(Signature of Judge.)
Dated this day of 19
T.-VIII. 6




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