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Back to Revised Laws of Saint Lucia (2023)

1. Short title

This Act may be cited as the Eastern Caribbean Supreme Court (Saint Lucia) Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“action” means a civil proceeding commenced by writ or in such other manner as may be prescribed, but does not include a criminal proceeding by the Crown;

“British Caribbean Court of Appeal” means the British Caribbean Court of Appeal established by the British Caribbean Court of Appeal Order in Council 1962 and in existence immediately before the prescribed date;

“cause” includes any action, suit or other original proceeding between a plaintiff and defendant, and any criminal proceeding by the Crown;

“Chief Justice” means the Chief Justice of the Eastern Caribbean Supreme Court;

“Chief Registrar” means the Chief Registrar of the Supreme Court;

“Court” means the Eastern Caribbean Supreme Court established by the Supreme Court Order;

“defendant” includes any person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceedings;

“enactment” means an Act or a statutory instrument or any provision in an Act or statutory instrument;

“former Court of Appeal” means the Court of Appeal of the Windward Islands and the Leeward Islands in existence immediately before the prescribed date;

“former Supreme Court” means the Supreme Court of the Windward Islands and Leeward Islands in existence immediately before the prescribed date;

“judgment” includes decree;

“matter” includes every proceeding in court not in a cause;

“master” means a master of the Supreme Court;

“order” includes decision and rule;

“party” includes every person served with notice of or attending any proceeding, although not named in the record;

“petitioner” includes every person making an application to the court, either by petition, motion or summons, otherwise than as against the defendant;

“plaintiff” includes a claimant and every person asking any relief otherwise than by way of counter claim as a defendant against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons fixed date claim or otherwise;

“pleading” includes any petition or summons, and also includes the statements in writing of the declaration, claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any counterclaim of a defendant;

“prescribed” means prescribed by the Code of Civil Procedure, or by rules of court;

“prescribed date” means the date prescribed by the Chief Justice under section 1(2) of the Supreme Court Order namely 24 April 1967;

“proceeding” includes action, cause or matter;

“Registrar” means the Registrar of the High Court;

“rules of court” includes the Code of Civil Procedure and forms;

“suit” includes action;

“verdict” includes the finding of a jury and the decision of a judge.

(Amended by Act 25 of 2000)

3. Reference to former Courts

(1) Where in any enactment or other law in force in the State immediately before the prescribed date reference is made to the former Supreme Court in the exercise of its jurisdiction and powers, or to a judge of the former Supreme Court, that reference shall be deemed to be a reference to the High Court or to a judge of the High Court as the case may be.

(2) Where in any enactment or other law in force in the State immediately before the prescribed date reference is made to the former Court of Appeal that reference shall, unless the context otherwise requires, be deemed to be a reference to the Court of Appeal.

(3) Where in any enactment or other law in force in the State prior to the prescribed date reference is made to the British Caribbean Court of Appeal that reference shall, unless the context otherwise requires, be deemed to be a reference to the Court of Appeal.

(4) Any act done or proceedings taken in respect of any cause or matter whatsoever in the former Supreme Court or before a judge thereof prior to the prescribed date shall have effect after the prescribed date as if it had been done or taken in the High Court or before a judge thereof.

4. How Supreme Court judges are to be addressed

All judges of the Supreme Court are to be addressed in the manner customary in addressing the judges of the former Supreme Court immediately before the prescribed date.

5. Constitution of Court of Appeal and High Court

Subject to the provisions of section 17(3) of the Supreme Court Order and of rules of court, the Court of Appeal and the High Court for the exercise of the jurisdiction conferred upon them respectively are constituted in such manner as the Chief Justice may direct.

PART 1
THE HIGH COURT

Jurisdiction and Law

6. Jurisdiction of former Supreme Court vested in High Court

There is vested in the High Court all jurisdiction which was vested in the former Supreme Court by any enactment or any other law in force in this State immediately before the prescribed date and such jurisdiction shall include—

(a) the jurisdiction which was vested in or capable of being exercised by all or any one or more of the judges of the former Supreme Court sitting in court or chambers or elsewhere when acting as judges or a judge pursuant to any enactment or any other law for the time being in force in this State;

(b) all the powers given to the former Supreme Court or to any judge or judges thereof by any enactment or any other law for the time being in force in this State;

7. Jurisdiction of High Court

The High Court has and exercises an original jurisdiction in all civil causes and matters whatsoever within the State, save and except such matters as are exclusively assigned to the district courts.

8. Jurisdiction of High Court in Admiralty

The High Court has and exercises all such jurisdiction in Admiralty and the same powers and authorities incidental to such jurisdiction as immediately before the prescribed date were vested in the former Supreme Court, and any reference to the former Supreme Court in the Admiralty Jurisdiction (Saint Lucia) Order, 1965Statutory Instrument 1965 No. 129 (U.K.) (Appendix to 1965 Laws of Saint Lucia). shall be deemed to be a reference to the High Court.

9. Practice of High Court in Bankruptcy

The jurisdiction of the High Court in Bankruptcy shall be exercised in accordance with the provisions of Title IX of the Commercial Code and the rules for the time being in force in the State.

10. Practice of High Court in Criminal proceedings

The jurisdiction of the High Court in all criminal proceedings shall be exercised in accordance with the Criminal Code and any other law in force in the State.

11. Practice of High Court in Civil proceedings and in probate causes

The jurisdiction vested in the High Court in civil proceedings including matrimonial causes and in probate causes shall be exercised in accordance with the provisions of this Act, the Civil Code, the Code of Civil Procedure, any other law in force in the State and rules of court, and, where no special provision is therein contained, such jurisdiction shall be exercised as nearly as may be administered for the time being in the High Court of Justice in England.

12. Power of High Court to review proceedings of magistrate

(1) Upon application by or on behalf of the Attorney General the High Court may, if it thinks fit, order any magistrate to send to the Registrar the record of proceedings in any criminal or quasi-criminal cause or matter, and may also, if it thinks fit, require, in addition to such record, a statement showing in detail the proceedings taken in reference to the whole cause or any particular matter; and, if it appears to the High Court that there has been any material error in the proceedings of such magistrate, the High Court may set aside or vary any decision, order, or proceeding of such magistrate, and pass such judgment or order, or remit the cause or matter to the magistrate with such directions as the High Court thinks just.

(2) It shall be the duty of every magistrate to comply with any directions given by the High Court under this section, and, if required so to do, to enforce any judgment or order of the High Court as aforesaid.

(3) It shall be in the discretion of the High Court to exercise the powers given to it by this section either without hearing any person or after hearing such person as it thinks fit; and the High Court may, if it thinks fit, direct that an order to show cause be served upon such person as the High Court thinks fit, and upon making any such order, may direct the costs to be paid by all or any of the parties served, as the High Court thinks just.

13. Jurisdiction of single judge and Masters

(1) A single judge of the High Court may, in accordance with rules of Court, exercise in Court or in chambers all or any of the jurisdiction vested in the High Court.

(2) A master shall exercise the authority and jurisdiction of a judge of the High Court sitting in chambers and such other authority and jurisdiction as may from time to time be assigned by the rules of court made under section 17 of the Supreme Court Order.

(3) Where a master has and exercises jurisdiction in relation to any matter the master shall have all the powers rights and immunities and privileges of a judge in relation to the matter.

(Substituted by Act 25 of 2000)

14. Counterclaim and third parties

(1) The Court or judge shall have power to grant to any defendant in respect of any right or title claimed or asserted by him or her—
1. (a) all such relief against any plaintiff or petitioner as the defendant has properly claimed by his or her pleading, and as the Court or judge might have granted in any suit instituted for that purpose by that defendant against the same plaintiff or petitioner; and
1. (b) all such relief relating to or connected with the original subject of the cause or matter, claimed in like manner against any other person, whether already a party to the cause or matter or not, who has been duly served with notice in writing of the claim pursuant to rules of court or any order of the Court, as might properly have been granted against that person if he or she had been made a defendant to a cause duly instituted by the same defendant for the like purpose.

(2) Every person served with any such notice as aforesaid shall thenceforth be deemed a party to the cause or matter with the same rights in respect of his or her defence against the claim as if he or she had been duly sued in the ordinary way by the defendant.

15. Defence or stay instead of injunction or prohibition

No cause or proceeding at any time pending in the High Court or in the Court of Appeal shall be restrained by prohibition or injunction but every matter on which an injunction against the prosecution of any such cause or proceeding might formerly have been obtained whether unconditionally or on any terms or conditions, may be relied on by way of defence thereto:

Provided that—

(a) this Act shall not disable the High Court or the Court of Appeal, if it thinks fit so to do, from directing a stay of proceedings in any cause or matter pending before it; and

(b) any person, whether a party or not to any such cause or matter who would formerly have been entitled to apply to any court to restrain the prosecution thereof, or who may be entitled to enforce, by attachment or otherwise, any judgment, decree, rule or order, in contravention of which all or any part of the proceedings in the cause or matter have been taken, may apply to the High Court or to the Court of Appeal, as the case may be, by motion in summary way, for a stay of proceedings in the cause or matter, either generally, or so far as may be necessary for the purposes of justice, and the High Court or the Court of Appeal shall thereupon make such order as shall be just.

16. Injunction and appointment of receivers

(1) Subject to the provisions of the Code of Civil Procedure and rules of court, a mandamus or injunction may be granted, or a receiver appointed, by an order of the High Court or judge of the High Court in all cases in which it appears to the High Court or judge to be just or convenient that that order should be made.

(2) The order may be made either unconditionally or upon terms and conditions which the High Court or judge of the High Court thinks just.

(3) If the order is asked for, either before or at, or after the trial or hearing of any cause or matter to prevent any threatened or apprehended waste, injury or trespass, the order may be made if the High Court or a judge of the High Court thinks fit:—
1. (a) whether the person against whom the order is sought—
  1. (i) is or is not in possession under any claim of title or otherwise, or
  1. (ii) if not in possession, does or does not claim a right to do the act sought to be restrained under any colour or title; and
1. (b) whatever may be the nature of the interest claimed by all or by any of the parties.

17. Extent of remedies

The High Court and Court of Appeal respectively in exercise of the jurisdiction vested in them by this Act, shall, in every cause or matter pending before the Court, have power to grant, and shall grant, either absolutely or on such terms and conditions as the High Court or Court of Appeal may think just, all the remedies or relief whatsoever to which any of the parties appear to be entitled in respect of any and every claim properly brought forward by him or her or them respectively in the cause or matter; so that, as far as possible, all matters in controversy between those parties respectively may be completely and finally determined, and all multiplicity of proceedings concerning any of those matters avoided.

18. Execution of instruments by order of court

Where any person neglects or refuses to comply with a judgment or order directing him or her to execute any conveyance, contract or other document, or to endorse any negotiable instrument, the High Court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed or that the negotiable instrument shall be endorsed by such person as the High Court may nominate for that purpose, and a conveyance, contract, document or instrument so executed or endorsed shall operate and be for all purposes available as if it had been executed or endorsed by the person originally directed to execute or endorse it.

19. Rules of Court

(1) The power to make rules of court conferred on the Chief Justice and any other 2 judges of the Supreme Court by the Court's Order shall be deemed to include the power to make rules for regulating proceedings in inferior Courts, and to add to, vary or annul any existing rules of court or articles of the Code of Civil Procedure.

(2) The Chief Justice and any other 2 judges of the Supreme Court may also make, add to or annul any rules of court for the more effectual carrying out of any of the provisions of the Civil Code or of any other statute, and any such rules may repeal any provisions of the said Civil Code or of any other statute and substitute other provisions in lieu thereof.

20. Procedure in cases not provided for

In all cases of procedure not provided for by the Code of Civil Procedure or any rules of court, or otherwise, the procedure or practice of the High Court shall be such as the judge of the High Court may direct or approve, and the judge of the High Court may in any cause or matter make an order as to the procedure to be followed which he or she considers necessary for doing justice in the cause or matter whether such order has been expressly asked for by the party entitled to the benefit thereof or not.

21. Restrictions on institution of vexatious actions

(1) If, on an application made by the Attorney General under this section to the High Court, the High Court is satisfied that any person has habitually and persistently and without reasonable ground instituted vexatious legal proceedings, whether in the Court of Appeal, the High Court, or in a District Court, and whether against the same person or against different persons, the High Court may, after hearing the person or giving him or her an opportunity of being heard, order that no legal proceedings shall without leave of the High Court or a judge thereof be instituted by him or her in any court and such leave shall not be given unless the High Court is satisfied that the proceedings are not an abuse of the process of the court and that there is prima facie ground for the proceedings.

(2) If the person against whom an order is sought under this section is unable on account of poverty to retain counsel, the High Court shall assign counsel to him or her.

(3) A copy of any order made under this section shall be published in the Gazette.

Administration of Estates

22. Application for direction of High Court

(1) Any guardian of the person or estate, any executor or administrator, and any person appointed or required to administer the property of another for the benefit of the other, may apply to the High Court for its opinion, advice, or direction on any question respecting the management or administration of that property or respecting his or her conduct as guardian, executor, administrator, or person aforesaid.

(2) Every guardian, executor, administrator or person aforesaid, acting upon the opinion, advice, or direction given by the High Court, shall be deemed, so far as regards his or her own responsibility, to have discharged his or her obligations and his or her duty as that guardian, executor, administrator or person in the subject matter of the application.

However, the provisions of this section shall not extend to indemnify any guardian, executor, administrator or person aforesaid in respect of any act done in accordance with the opinion, advice, or direction of the High Court, if he or she has committed any fraud or wilful concealment or misrepresentation in obtaining that opinion, advice, or direction.

(3) The High Court shall have full jurisdiction to entertain and shall dispose of all or any of the following questions or matters, that is to say—
1. (a) any question affecting the rights or interests of the person claiming to be creditor, devisee, legatee, heir or person beneficially interested;
1. (b) the ascertainment of any class of creditors, legatees, devisees, heirs or others;
1. (c) the furnishing of any particular accounts by the guardian, executor, administrator or person administering as aforesaid, and the vouching, when necessary, of those accounts;
1. (d) the payment into the registry of any money in the hands of the guardian, executor, administrator or person aforesaid;
1. (e) directing the guardian, executor, administrator or person aforesaid to do or abstain from doing any particular act in that character;
1. (f) the approval of any sale, purchase, compromise or other transaction; and
1. (g) the determination of any question arising in the administration of the property or in the performance of any duty by the guardian, executor, administrator or person aforesaid.

(4) An application under the provisions of this section may be made in the manner provided by rules of court, and, in the absence of any special provision thereby may be made by petition.

(5) Notice in the first instance shall be served on the following persons, that is to say—
1. (a) where the application is made by a guardian, executor, administrator or person aforesaid—
  1. (i) for the determination of any question under subsection (3)(a), (3)(e), (3)(f) or (3)(g), the persons or one of the persons whose rights or interests are sought to be affected,
  1. (ii) for the determination of any question under subsection (3)(b), any member or alleged member of the class,
  1. (iii) for the determination of any question under subsection (3)(c), any person interested in taking the accounts,
  1. (iv) for the determination of any question under subsection (3)(d), any person interested in the money,
  1. (v) if there are more guardians, executors, administrators or persons aforesaid than one, and they do not all concur in the application, those who do not concur; and
1. (b) where the application is made by any person other than the guardian, executor, administrator or person aforesaid, that guardian, executor, administrator or person.

(6) The High Court may direct any other persons it thinks fit to be served with notice of the application.

PART 2
THE COURT OF APPEAL

Jurisdiction of Court of Appeal

23. Jurisdiction vested in Court of Appeal

Subject to the provisions of this Act, there shall be vested in the Court of Appeal—

(a) the jurisdiction and powers which at the prescribed date were vested in the former Court of Appeal;

(b) the jurisdiction and powers which at the prescribed date were vested in the British Caribbean Court of Appeal;

24. Practice and procedure in the Court of Appeal

The jurisdiction of the Court of Appeal so far as it concerns practice and procedure in relation to appeals from the High Court shall be exercised in accordance with the provisions of this Act and rules of court, and where no special provisions are contained in this Act or rules of court, such jurisdiction so far as concerns practice and procedure in relation to appeals from the High Court shall be exercised as nearly as may be in conformity with the law and practice for the time being in force in England—

(a) in relation to criminal matters, in the Court of Appeal (Criminal Division);

(b) in relation to civil matters, in the Court of Appeal (Civil Division).

25. Appeals from magistrate's Courts

(1) Subject to the provisions of the Criminal Code, the Code of Civil Procedure or any other enactment regulating appeals from District Court and to rules of court, an appeal shall lie to the Court of Appeal from any judgment, decree, sentence or order of a magistrate in all proceedings.

(2) The time within which notice of appeal may be given or any bond or security entered into or grounds of appeal filed in relation to appeals under this section may be extended at any time by the Court of Appeal.

26. Appeals from High Court in civil matters

(1) Subject to the provisions of this Act or any other enactment—
1. (a) the Court of Appeal shall have jurisdiction to hear and determine any matter arising in any civil proceedings upon a case stated or upon a question of law reserved by the High Court or by a judge thereof pursuant to any power conferred in that behalf by a law in operation in the State;
1. (b) an appeal shall lie to the Court of Appeal, and the Court of Appeal shall have jurisdiction to hear and determine the appeal, from any judgment or order of the High Court in all civil proceedings, and for the purposes of and incidental to the hearing and determination of any appeal, and the amendment, execution and enforcement of any judgment or order made thereon, the Court of Appeal shall have all the powers, authority and jurisdiction of the High Court.

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

(3) For the purposes of subsection (2) “judge” means judge of the High Court and where the context admits includes a master.

(Amended by Act 25 of 2000)

27. Powers of judge of High Court

Where an appeal has been brought under the provisions of the foregoing section and is pending in the Court of Appeal, a judge of the High Court may hear and determine such applications incidental to the appeal and not involving the decision thereof as may be prescribed by rules of court; but an order made on any such application may be discharged or varied by the Court of Appeal.

28. Powers of Court of Appeal on hearing an appeal

(1) On the hearing of an appeal from any order the High Court in any civil cause or matter, the Court of Appeal shall have power to—
1. (a) confirm, vary, amend or set aside the order or make such order as the High Court might have made, or to make any order which ought to have been made, and to make such further or other order as the nature of the case may require;
1. (b) draw inferences of fact;
1. (c) direct the High Court to enquire into and certify its findings on any question which the Court of Appeal thinks fit to be determined before final judgment in the appeal.

(2) The powers of the Court of Appeal under this section may be exercised although no notice of appeal or respondent's notice has been given in respect of any particular part of the decision of the High Court by any particular party to the proceedings in court or that any ground for allowing the appeal or for affirming or varying the decision of the High Court is not specified in such notice; and the Court of Appeal may make an order in such terms as the Court of Appeal thinks just to ensure the determination on the merits of the real question in controversy between the parties.

(3) The powers of the Court of Appeal in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal.

(4) The Court of Appeal may make such order as to the whole or any part of the costs of an appeal as may be just, and may, in special circumstances, order that such security shall be given for the costs of an appeal as may be just.

29. Supplementary powers of Court of Appeal

For the purposes of an appeal in any civil cause or matter, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—

(a) order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to it necessary for the determination of the cause.

However, a person is not compelled to produce under any such order any writing or other document which he or she could not have been compelled to produce at the hearing or trial;

(b) order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the Court of Appeal, whether they were or were not called at the trial, or order the examination of any such witnesses to be conducted in manner provided by rules of court before any judge of the Court of Appeal or before any officer of the Court of Appeal or other person appointed by the Court of Appeal for the purpose, and allow the admission of any deposition so taken as evidence before the Court of Appeal;

(c) receive the evidence, if tendered, of any witness including the appellant who is a competent but not a compellable witness and, if application is made for the purpose of the husband or wife of the appellant, in cases where the evidence of the husband or wife could not have been given at the trial except on such application;

(d) where any question arising in the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot, in the opinion of the Court of Appeal, conveniently be conducted before the Court of Appeal, order the reference of the question in manner provided by rules of court for inquiry and report to a special commissioner appointed by the Court of Appeal, and act upon the report of any such commissioner as far as it thinks fit to adopt it; and

(e) appoint any person with special expert knowledge to act as assessor in an advisory capacity to the Court of Appeal in any case where it appears to the Court of Appeal that such special knowledge is required for the proper determination of the case.

30. Power of Court of Appeal as to new trials

(1) Subject to the provisions of this section on the hearing of an appeal in any civil cause or matter the Court of Appeal shall, if it appears to the Court of Appeal that a new trial should be held, have power to set aside the order appealed against and order that a new trial be held.

(2) On the hearing of an appeal in any civil cause or matter, the following provisions shall apply—
1. (a) a new trial shall not be ordered on the ground of the improper admission or rejection of evidence unless in the opinion of the Court of Appeal some substantial wrong or miscarriage has been thereby occasioned;
1. (b) a new trial may be ordered on any question without interfering with the finding or decision upon any other question; and if it appears to the Court of Appeal that any such wrong or miscarriage as is mentioned in sub-paragraph (a) of this subsection affects part only of the matter in controversy or one or some only of the parties, the Court of Appeal may order a new trial as to that party only, or as to that party or those parties only, and give final judgment as to the remainder.

31. Wrong rulings as to sufficiency of stamps

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

Admiralty Appeals from High Court

32. Appeals from High Court in its Admiralty Jurisdiction

Judgments of the High Court in exercise of its jurisdiction in Admiralty shall be subject to the like appeal to the Court of Appeal in exercise of its civil jurisdiction, and the Court of Appeal shall for the purpose thereof possess all the jurisdiction in Admiralty conferred upon the High Court.

Criminal Appeals from High Court

33. Criminal Appeals from High Court

(1) In sections 33 to 55 of this Act unless the context otherwise requires—

“appeal” means an appeal by a person convicted upon indictment;

“appellant” includes a person who has been convicted and desires to appeal under this Part of this Act;

“sentence” includes any order of the High Court made on conviction or in relation to the person convicted or his wife or children and any recommendation of the convicting court as to the making of a deportation order in the case of a person convicted, and the power of the Court of Appeal to pass a sentence includes a power to make any such order or recommendation as the convicting court might have made and a recommendation so made by the Court of Appeal shall have the same effect for the purposes of any law under which such recommendation is permitted to be made, as the certificate and recommendation of the convicting court.

(2) In this section and in sections 34, 35, 43, 45, 49(2), 50(1), 52(1), 54 and 55 references to a person being convicted shall include references to his or her being the subject of a special verdict under section 1019 of the Criminal Code.

34. Right of appeal in criminal cases

A person convicted on indictment may appeal under this Act to the Court of Appeal—

(a) against his or her conviction on any ground of appeal which involves a question of law alone; and

(b) with the leave of the Court of Appeal or upon the certificate of the judge who tried him or her that it is a fit case for appeal against his or her conviction on any ground of appeal which involves a question of fact alone, or a question of mixed law and fact, or any other ground which appears to such judge to be a sufficient ground of appeal; and

(c) with the leave of the Court of Appeal against the sentence passed on his or her conviction, unless the sentence is one fixed by law.

35. Determination of appeals in certain cases

(1) The Court of Appeal on any such appeal against conviction shall, subject as hereinafter provided, allow the appeal if it thinks that the verdict of the jury should be set aside on the ground that it is unsafe or unsatisfactory, or that the judgment of the court before whom the appellant was convicted should be set aside on the ground of a wrong decision of any question of law, or that there was a material irregularity in the course of trial, and in any other case shall dismiss the appeal:

Provided that the Court of Appeal may notwithstanding that they are of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no miscarriage of justice has actually occurred.

(2) Subject to the provisions of this Act, the Court of Appeal shall, if they allow an appeal against conviction, quash the conviction, and direct a judgment and verdict of acquittal to be entered, or, if the interests of justice so require, order a new trial.

(3) On an appeal against sentence the Court of Appeal shall, if they think that a different sentence should have been passed, quash the sentence passed at the trial, and pass such other sentence warranted in law by the verdict (whether more or less severe) in substitution therefor as they think ought to have been passed, and in any other case shall dismiss the appeal.

(4) Where apart from this subsection—
1. (a) on appeal against a special verdict under section 1019 of the Criminal Code would fall to be allowed; and
1. (b) none of the grounds for allowing it relates to the question of the insanity of the accused, the Court of Appeal may dismiss the appeal if of the opinion that but for the insanity of the accused the proper verdict would have been that he or she committed an offence other than the offence charged.

(5)
1. (a) An appellant who is to be retried for an offence in pursuance of an order under this section shall be tried upon a fresh indictment preferred by the direction of the Court of Appeal.
1. (b) The Court of Appeal may, upon ordering a retrial, make such orders as appear to the Court of Appeal to be necessary or expedient for the custody or admission to bail of the appellant pending the retrial, or for the retention pending the retrial of any property, or money forfeited, restored or paid by virtue of the original conviction or any order made on that conviction.
1. (c) On a retrial ordered under this section, section 894 of the Criminal Code (reading of depositions) shall not apply to the depositions of any person who gave evidence at the original trial; but a transcript of the shorthand notes or where there are no shorthand notes, of the judge's notes, of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence—
  1. (i) by agreement between the prosecution and the defence, or
  1. (ii) if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or is absent from the State, or that all reasonable efforts to find him or her or to secure his or her attendance have been made without success,
1. and in either case may be so read without further proof if verified in accordance with rules of court or the Criminal Code.

36. Powers of Court of Appeal in special cases

(1) If it appears to the Court of Appeal that an appellant though not properly convicted on some count or part of the indictment, has been properly convicted on some other count or part of the indictment, the Court of Appeal may either affirm the sentence passed on the appellant at the trial, or pass such sentence in substitution therefor as it thinks proper as may be warranted in law by the verdict on the count or part of the indictment on which the Court of Appeal considers that the appellant has been properly convicted.

(2) Where an appellant has been convicted of an offence and the jury could on the indictment have found him or her guilty of some other offence, and on the finding of the jury it appears to the Court of Appeal that the jury must have been satisfied of facts which proved him or her guilty of that other offence, the Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity.

(3) Where on the conviction of the appellant the jury have found a special verdict, and the Court of Appeal considers that a wrong conclusion has been arrived at by the court before which the appellant has been convicted on the effect of that verdict, the Court of Appeal may, instead of allowing the appeal, order such conclusion to be recorded as appears to the Court of Appeal to be in law required by the verdict and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law.

(4) Where on any appeal it appears to the Court of Appeal that the proper verdict would have been a special verdict under section 1019 of the Criminal Code the Court of Appeal may quash the sentence passed at the trial and order the appellant to be kept in custody as a prisoner of unsound mind under provisions of the said Code in the same manner as if a special verdict had been found by the jury under that Code.

37. Supplementary provisions where appeal against special verdict allowed

(1) Where in accordance with section 35(1) of this Act an appeal against a special verdict under section 1019 of the Criminal Code is allowed—
1. (a) if the ground, or one of the grounds for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand and the Court of Appeal is of opinion that the proper verdict would have been that he or she committed an offence (whether the offence charged or any other offence of which the jury could have found him or her guilty), the Court of Appeal shall substitute for the special verdict a verdict of guilty of that offence, and shall have the like powers of punishing or otherwise dealing with the accused and other powers as the court before which he or she was tried would have had if the jury had come to the substituted verdict;
1. (b) in any other case, the Court of Appeal shall substitute for the verdict of the jury a verdict of acquittal.

However, where the offence mentioned in paragraph (a) is one for which the sentence is fixed by law, the sentence shall (whatever the circumstances) be one of imprisonment for life.

(2) The term of any sentence passed by the Court of Appeal in the exercise of the powers conferred by subsection (1)(a) shall, unless the Court of Appeal otherwise directs, begin to run from the time it would have begun to run if passed in the proceedings in the court before which the accused was tried.

38. Re-vesting and restitution of property on conviction

(1) The operation of any order for the restitution of any property to any person made on a conviction on indictment, and the operation in case of any such conviction of the provisions of sections 640 to 645 (inclusive) of the Criminal Code as to the restitution of the property in goods to the owner thereof, shall, unless the court before whom the conviction takes place, directs to the contrary in any case in which in its opinion, the title to the property is not in dispute, be suspended—
1. (a) in any case until the expiration of 14 days after the date of conviction; and
1. (b) in cases where notice of appeal or leave to appeal is given within 14 days after the date of conviction, until the determination of the appeal,

and in the cases where the operation of any such order, or the operation of the said provisions, is suspended until the determination of the appeal, the order or provisions, as the case may be, shall not take effect as to the property in question if the conviction is quashed on appeal.

(2) Provision may be made by rules of court for securing the safe custody of any property pending the suspension of the operation of any such order or of the said provisions.

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

39. Supplementary powers of Court of Appeal

For the purposes of an appeal in any criminal cause or matter the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—

(a) exercise any or all the powers conferred by section 29 on the Court of Appeal;

(b) issue any warrant necessary for enforcing any order or sentence of the Court of Appeal. However—
1. (i) in no case shall any sentence be increased for reason of or in consideration of any evidence that was not given at the trial, and
1. (ii) whenever the Court of Appeal receives further evidence it shall make such order as will secure an opportunity to the parties to the proceedings to examine every witness whose evidence is taken.

40. Duty to admit fresh evidence

Without prejudice to the generality of the preceding section (supplementary powers), where evidence is tendered to the Court of Appeal under that section, the Court of Appeal shall, unless it is satisfied that the evidence if received would not afford any ground for allowing the appeal, exercise its power under that section of receiving it if—

(a) it appears to it that the evidence is likely to be creditable and would have been admissible at the trial on an issue which is the subject of the appeal; and

(b) it is satisfied that it was not adduced at the trial but that there is a reasonable explanation for the failure to adduce it.

41. Admission of appellant to bail and custody when attending court

(1) An appellant who is not admitted to bail shall, pending the determination of his or her appeal, be treated in like manner as prisoners awaiting trial.

(2) The Court of Appeal may, if it seems fit, on the application of an appellant, admit the appellant to bail pending the determination of his or her appeal.

42. Computation of sentence

(1) The time during which an appellant is in custody pending the determination of his or her appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he or she is subject, but the Court of Appeal shall not give any such direction where leave to appeal has been granted or a certificate has been given under section 34 or where the case has been referred to it under section 54 of this Act (references by the Governor General).

(2) Where the Court of Appeal gives a direction under this section, it shall state its reasons for giving the direction.

(3) Provision shall be made by prison rules for the manner in which an appellant, when in custody, is to be brought to any place at which he or she is entitled to be present for the purposes of this Act, or to any place to which the Court of Appeal or any judge thereof may order him or her to be taken for the purposes of any proceedings of that Court, and for the manner in which he or she is to be kept in custody while absent from prison for such purpose; and an appellant whilst in custody in accordance with those rules shall be deemed to be in legal custody.

43. Time for appealing

(1) Where a person convicted desires to appeal under this Act to the Court of Appeal or to obtain the leave of the Court of Appeal, he or she shall give notice of appeal or notice of his or her application for leave to appeal in such manner as may be directed by rules of court within 14 days of the date of conviction.

(2) Except in the case of a conviction involving sentence of death, the time within which notice of an application for leave to appeal may be given, may be extended at any time by the Court of Appeal.

(3) For the purposes of this section the date of conviction shall, where the court had adjourned the trial of an indictment after conviction, be the date on which the court sentences or otherwise deals with the offender.

44. Stay of execution

In the case of a conviction involving sentence of death or corporal punishment—

(a) the sentence shall not in any case be executed until the expiration of the time within which notice of appeal or of an application for leave may be given under the preceding section; and

(b) if notice is so given, the appeal or application shall be heard and determined with as much expedition as practicable, and the sentence shall not be executed until after the determination of the appeal, or, in case where an application for leave to appeal is finally refused, of the application.

45. Judge's notes and report to be furnished on appeal

The judge before whom a person is convicted shall, in the case of an appeal under this Act against the conviction or against the sentence, or in the case of an application for leave to appeal under this Act furnish to the Registrar in accordance with rules of court, his or her notes of the trial; and shall also furnish to the Registrar in accordance with rules of court a report giving his or her opinion upon the case or upon any point arising in the case.

46. Legal assistance to appellant

The Court of Appeal may at any time assign to an appellant a solicitor and counsel, or counsel only, in any appeal or proceedings preliminary or incidental to an appeal in which, in the opinion of the Court of Appeal, it appears desirable in the interests of justice that the appellant should have legal aid, and that he or she has not sufficient means to enable him or her to obtain that aid.

47. Right of appellant to be present

(1) An appellant, although he or she is in custody, shall be entitled to be present, if he or she desires it, on the hearing of his or her appeal, except where the appeal is on some ground involving a question of law alone, but, in that case and on an application for leave to appeal and on any proceedings preliminary or incidental to an appeal, shall not be entitled to be present except where rules of court provide that he or she shall have the right to be present or where the Court of Appeal gives him or her leave to be present.

(2) An appellant who does not appear at the hearing of his or her appeal by counsel, may present his or her case and argument in writing, and any case or argument so presented shall be considered by the Court of Appeal.

(3) The power of the Court of Appeal to pass any sentence under this Act may be exercised although the appellant is for any reason not present.

(4) The reference in subsection (1) of this section to an appellant being in custody shall not include a reference to his or her being in custody in consequence of a special verdict under section 1019 of the Criminal Code.

48. Costs of appeal

(1) On the hearing and determination of a criminal appeal from the High Court or any proceedings preliminary or incidental thereto under this Act no costs shall be allowed on either side.

(2) The expenses of any solicitor or counsel assigned to an appellant under this Act, and the expenses of any witnesses attending on the order of the Court of Appeal or examined in any proceedings incidental to the appeal, and of the appearance of an appellant on the hearing of his or her appeal or on any proceedings preliminary or incidental to the appeal, and all expenses of and incidental to any examination of witnesses conducted by any person appointed by the Court of Appeal for the purpose, or any reference of a question to a special commissioner appointed by the Court of Appeal, or of any person appointed as assessor to the Court of Appeal shall be defrayed out of monies up to an amount allowed by the Court of Appeal, but subject to any rules of court as to rates and scales of payment.

49. Duties of Registrar with respect to notices of appeals, etc.

(1) The Registrar shall take all necessary steps for obtaining a hearing under this Act of any appeals or applications, notice of which is given to him or her under this Act, and shall obtain and lay before the Court of Appeal in proper form all documents, exhibits, and other things relating to the proceedings in the court before which the appellant or application was tried, which appear necessary for the proper determination of the appeal or application.

(2) If it appears to the Registrar that any notice of an appeal against a conviction, purporting to be on a ground which involves a question of law alone, does not show any substantial ground of appeal, the Registrar may refer the appeal to the Court of Appeal for summary determination, and where the case is so referred, the Court of Appeal may, if it considers that the appeal is frivolous or vexatious, and can be determined without adjourning the same for a full hearing, dismiss the appeal summarily, without calling on any persons to attend the hearing or to appear for the Crown thereon.

(3) Any document, exhibits or other things connected with the proceedings on the trial of any person on indictment, who, if convicted, is entitled or may be authorised to appeal under this Act shall be kept in the custody of the court of trial in accordance with rules of court made for the purpose, for such time as may be provided by such rules, and subject to such powers as may be given by such rules for the conditional release of any such documents, exhibits or things from that custody.

(4) The Registrar shall furnish the necessary forms and instructions in relation to notices of appeal or notices of application under this Act to any person who demands the same, and to such officers or persons as he or she thinks fit, and the Superintendent of Prisons shall cause those forms and instructions to be placed at the disposal of prisoners desiring to appeal or to make any application under this Act, and shall cause any such notice given by a prisoner in his or her custody to be forwarded on behalf of the prisoner to the Registrar.

(5) The Registrar shall report to the Court of Appeal or a judge thereof any case in which it appears to him or her that, although no application has been made for the purpose, a solicitor and counsel, or counsel only, ought to be assigned to an appellant under the powers given to that Court by this Act.

(6) In this section and in the next following section the expression “Registrar” includes the Chief Registrar and Deputy Registrar of the Court of Appeal.

50. Shorthand notes, etc.

(1) Such records in such manner, whether in writing by shorthand notes or otherwise, or by recordings in electromagnetic tape or by other means as may be prescribed by rules of court shall be taken of the proceedings at the trial on indictment of any person who, if convicted, is entitled or may be authorised to appeal or make application for leave to appeal under this Act; and on any appeal or application for leave to appeal a transcript of the records or any part thereof shall be made if the Registrar so directs, and furnished to the Chief Registrar for the use of the Court of Appeal or any judge thereof.

(2) A transcript of the records taken under subsection (1) of this section shall be furnished to any party interested upon payment of such charges as may be fixed by rules of court.

(3) Rules of court may also make such provision as is necessary for securing the accuracy of the records to be taken and for the verification of the transcript.

51. Powers which may be exercised by a judge of the Court of Appeal

The powers of the Court of Appeal under this Act—

(a) to give leave to appeal;

(b) to extend the time within which notice of appeal or of an application for leave to appeal may be given;

(d) to allow the appellant to be present at any proceedings in case where he or she is not entitled to be present without leave; or

(e) to admit an appellant to bail,

may be exercised by any judge of the Court of Appeal in the same manner as they may be exercised by the Court of Appeal, and subject to the same provisions; but, if the judge refuse an application on the part of the appellant to exercise any such powers in his or her favour, the appellant shall be entitled to have the application determined by the Court of Appeal as duly constituted for the hearing and determination of appeals under this Act.

52. Case stated or question of law reserved

(1) Where any person is convicted on indictment the trial judge may state a case or reserve a question of law for the consideration of the Court of Appeal and the Court of Appeal shall consider and determine such case stated or question of law reserved and may either—
1. (a) confirm the judgment given upon the indictment;
1. (b) order that such judgment be set aside and quash the conviction and direct a judgment and verdict of acquittal to be entered;
1. (c) order that such judgment be set aside, and give instead thereof the judgment which ought to have been given at the trial;
1. (d) require the judge by whom such case has been stated or question has been reserved to amend such statement or question when specially entered on the record; or
1. (e) make such other order as justice requires.

(2) The Court of Appeal, when a case is stated or a question of law reserved for its opinion, shall have power, if it thinks fit, to cause the case or certificate to be sent back for amendment and thereupon the same shall be amended accordingly.

53. Provisions of this Act applicable to proceedings under section 52

Where a case is stated or question of law reserved for the consideration of the Court of Appeal the provisions of sections 41, 42, 44, 46, 47, 49(1), 49(3) and 49(5), 50 and 51 shall apply to such proceedings in like manner as to an appeal.

54. Prerogative of mercy

(1) This Act does not effect the Prerogative of mercy.

(2) The Governor General on the consideration of any petition for the exercise of Her Majesty's mercy having reference to the conviction of a person on indictment or to the sentence, other than sentence of death, passed on a person so convicted, may at any time—
1. (a) refer the whole case to the Court of Appeal, and the case shall then be heard and determined by the Court of Appeal as in the case of an appeal by a person convicted; or
1. (b) if he or she desires the assistance of the Court of Appeal on any point arising in the case with a view to the determination of the petition refer that point to the Court of Appeal for its opinion thereon, and the Court of Appeal shall consider the point as referred and furnish the Governor General with its opinion thereon accordingly.

55. Criminal information

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

Appeals in Contempt Proceedings

56. Appeals from order in contempt proceedings

(1) An appeal shall lie to the Court of Appeal from any order made under section 1198 or 1260(b) of the Criminal Code.

(2) Any person ordered under section 1198 or 1260(b) of the Criminal Code to be imprisoned or to pay a fine for contempt of court, may at the time of such order or within 2 days thereafter give notice to the judge or magistrate making the order of his or her intention to appeal to the Court of Appeal and may within 2 days after giving such notice enter into a recognizance with a surety to the satisfaction of the Registrar of the High Court or of the Court of Appeal or clerk of the Court, as the case may be, in a sum not exceeding $100 to prosecute such appeal, and the giving of such notice and entering into such recognizance shall operate as a stay of such order.

(3) On such person entering into recognizance the judge or magistrate making the order shall within 21 days thereafter transmit to the Registrar a statement of the cause of such committal or fine and upon such statement being received the Registrar shall within 4 days thereafter issue a summons, free of cost, calling on the appellant to appear before the Court of Appeal within a reasonable time thereafter and on a day to be named therein and the Court of Appeal shall hear and determine such appeal and either confirm the order or vary or quash such order and the Court of Appeal may return the proceedings to the judge or magistrate who made the order for further information.

(4) When the Court of Appeal confirms or varies the order the judge or magistrate who made the order shall proceed to carry out and enforce his or her order as confirmed or varied in the same manner as if there had been no appeal against the same.

PART 3
OFFICERS OF THE COURT

57. Existing officers of the Court

Except as in this Act otherwise expressly provided, every person who immediately before the commencement of this Act holds or is acting in the office of Chief Registrar, Registrar, Chief Clerk or bailiff shall, as from the commencement of this Act, hold or act in that office on the terms on which he or she now holds or acts in it and such officers are hereby declared to be public officers.

58. Chief Registrar

(1) The Chief Registrar shall have and exercise in relation to the State such functions as may be conferred upon him or her by this Act or any other law or by rules of court.

(2) Without prejudice to the generality of the provisions of subsection (1), the Chief Registrar shall take all necessary steps for obtaining a hearing under this Act of any appeal or application, and shall obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things relating to the proceedings in the court before which the case, or the appellant or applicant was tried which appear necessary for the proper determination of the appeal or application.

59. Registrar

(1) The Registrar shall be ex officio a Deputy Registrar of the Court of Appeal, Registrar of Deeds and Mortgages, Admiralty Marshall, sheriff and Administrator General.

(2) The Registrar shall have such power and authority and perform such duties as shall be necessary for the due conduct and discharge of the business of the High Court and the Court of Appeal as the Chief Justice or other judge authorised by him or her in that behalf shall direct, he or she shall be subject to the general or special directions of the Chief Registrar and shall assist him or her in the performance of his or her duties.

(3) The Registrar in any of his or her capacities shall have a discretionary power in respect of formalities, where no specific provision is made by this Act or any other law or rules of court in respect thereof.

(4) The Registrar shall have custody of the seals of the High Court and of the Court of Appeal (Saint Lucia sub-Registry) and of all records, documents and papers thereof.

60. Appeals from Chief Registrar and Registrar

Any person who is aggrieved by any decision of the Chief Registrar or the Registrar, or who complains that he or she has been deprived of any right, title or priority by any act or default of the Chief Registrar or the Registrar, may appeal to the judge in chambers in the manner prescribed and the judge shall make such order therein as the justice of the case may require.

61. Discharge of duties of Registrar in certain cases

(1) When the Registrar is temporarily absent from the performance of his or her duties, or when he or she is personally interested in any cause or matter, it shall be lawful for the Chief Clerk, or any clerk appointed by the Chief Justice or other judge authorised by him or her in that behalf for the purpose, to perform such duties as his or her deputy.

(2) The Chief Clerk or other deputy shall, in such case, have and exercise all the functions and authorities of the Registrar, and all acts done by him or her shall be as valid as if done by the Registrar in any of his or her capacities.

62. Taxation of costs

(1) The Chief Registrar, and in his or her absence the Registrar, shall be the Taxing Master for the High Court and the Court of Appeal. He or she shall tax all bills of costs in accordance with the scales for the time being in force.

(2) Every taxation of costs shall be subject to rules of court and be subject to review by a judge in chambers.

63. Hours of business

(1) The office of the Registrar shall be kept open for the transaction of business on every day of the year except Saturdays, Sundays and Bank Holidays, during such hours as the Governor General may by order published in the Gazette appoint. (Amended by Act 32 of 1972)

(2) Despite the provisions of any order made under subsection (1) of this section the judge by whom any matter is being heard may direct any paid officer of the Supreme Court to transact at any time any business which, in the opinion of the judge, is necessary or convenient, to facilitate the hearing and determination of the matter in question, or to carry into effect any order made in connection therewith.

64. Clerks

There shall be a Chief Clerk and a sufficent number of clerks to the Registrar in his or her several capacities and whose offices shall be public offices.

65. Bailiffs

(1) There shall be a sufficient number of bailiffs of the High Court whose offices shall be public offices.

(2) For the purpose of the Code of Civil Procedure, every bailiff shall be deemed to be a sheriff's officer.

(3) Every bailiff shall ex officio be a rural constable.

(4) Every bailiff shall in addition to his or her duties also perform if required, the duties of crier of the High Court and the Court of Appeal.

(5) Despite anything hereinbefore contained a judge of the High Court, may be writing under his or her hand and the seal of the High Court, appoint a temporary bailiff to serve, or execute such process or processes, of the High Court as may be specified in the appointment.

66. Service or execution

(1) Any service or execution by the sheriff may be made by a sheriff's officer, bailiff of a district court, police officer or rural constable, or other person appointed by the sheriff for the purpose.

(2) The fees payable to the sheriff shall be such as may be fixed by rules made by Cabinet. (Amended by Act 4 of 1975)

67. General rule as to service of process

(1) In the service of all writs and summonses and in all processes, levies, executions, and proceedings generally, the sheriff shall conform himself or herself in every respect to the law and practice for the time being established in the State.

(2) Cabinet may make a tariff of rates or fees to be paid for the printing and publishing of judicial notices in the Gazette and may add to alter or annul any such tariff. The rates and fees so fixed shall be paid into the Treasury for the use of the State at such times in such sum and in such manner as may be prescribed by rules made by Cabinet.

(Amended by Act 4 of 1975)

68. Keeping of registers of process

For the prevention of any undue preference of one creditor to another, and for the due and orderly conduct of business, there shall be kept at the office of the sheriff 2 registers, in such form as may be prescribed; and in one of such registers there shall be entered in due order, immediately upon the same being delivered at the said office, all writs for the levy and execution of property, movable or immovable, or for any other process requiring secrecy; and in the other of such registers there shall be entered in like manner, all other requisitions or warrants whatsoever; and the last mentioned register shall, at all times during office hours remain open for the inspection of barristers and their clerks; but the first mentioned register shall not be communicated to any person, except by order of a judge of the Supreme Court.

69. Periods allowed to the sheriff for execution of process

Subject to the provisions of the Code of Civil Procedure in all actions and other civil proceedings the ordinary time allowed to the sheriff for executing the writs and serving the writs, summonses and other documents which may have been delivered at his or her office for that purpose, shall be fixed and regulated as to the number of days according to the distance of the place, that is to say at Castries and the precincts thereof, within 48 hours from the date of the delivery at the office of the sheriff; at all other parts of the Quarter of Castries, and in the Quarters of Gros Islet, Dennery and Anse-la-Raye, within 4 days; at Dauphin, Marquis, and Esperance and all parts from the Roseau River to the River of Canaries, and in the Town and Valley of Soufriere, within 6 days; and at all other parts of the State within 8 days.

However, any person may, in any case of urgency, on payment, in addition to the proper fees of office, except the mileage fee, of the sum fixed by rules of court as compensation, for the expense of an express or special journey, require, in the case of writs of seizure, attachment, or capias, immediate execution or service, and the sheriff, or a sheriff's officer, shall thereupon make such execution or service unless he or she is prevented from doing so by some insuperable obstacle, within 24 hours after such payment if such execution or service is to be made in the Quarters of Castries, Gros Islet, Dennery or Anse-la-Raye within 2 days, if in the Quarters of Dauphin, Soufriere, or Choiseul; and within 3 days, if in the Quarters of Laborie, Vieux-Fort, Micoud or Praslin.

70. Payment of moneys into and out of court

(1) The practice and procedure as to the payment of moneys into and out of court or to or by an officer of the court shall be regulated by the Code of Civil Procedure and by any other statute relating thereto.

(2) The sheriff shall, in the month of January in every year, publish in the Gazette a list of all sums standing to the credit of his or her account at the Treasury unclaimed on 31 December of the year then next preceding, and of the persons to whom such sums are payable respectively.

(3) In all actions and other proceedings in the Court, the fees payable to the Registrar shall be such as may be fixed by rules made by Cabinet.

(4) The fees payable to the Registrar of Deeds and Mortgages shall be such as may be fixed by rules made by Cabinet.

(Amended by Act 4 of 1975)

71. Payment from the Treasury of damages awarded against the sheriff

In any action or other proceeding brought against the sheriff for loss or damage sustained through the nonperformance or careless or wrongful performance of any of the duties of sheriff, in which he or she is cast in damages, the Governor General may order that the damages awarded shall be paid from the Treasury, if it appears that the fault or omission through which the loss or damage occurred was on the part of a bailiff or police officer or other duly authorised person and that proper instructions in writing were given by the sheriff to such bailiff or police officer or other duly authorised person.

However, no mere fault or default of form in the execution of any duty on the part of the sheriff, or of a bailiff or police officer, or other duly authorised person shall be held sufficient to cast the sheriff in damages unless actual loss or damages is proved to have been sustained.

72. Right of the sheriff to take opinion of the Attorney General for his or her guidance

The Attorney General shall at any time, on the application of the sheriff, give him or her advice in writing as to the performance of any duty devolving by law upon the sheriff, and the amount of any judgment which may be recovered against the sheriff in respect of any loss or damage sustained through any act done or omitted to be done by him or her in accordance with such advice, may be paid from the Treasury.

73. Chief Registrar etc. not to advise litigants

No Chief Registrar, Registrar, Chief Clerk, clerk to a Registrar, or bailiff shall act as attorney, agent or adviser of any plaintiff, defendant or other suitor, or party in or to any proceeding in any court in the State, or give advice in any law matter, or act as conveyancer, or notary royal, or accept any gratuity for the performance of any duty in connection with his or her office.

74. Misconduct of officers of court

(1) If any officer of court shall be charged with extortion, or with not duly paying any money received by him or her in the execution of his or her duty or with any fraud, wrongful act, or neglect in the discharge of the duties of his or her office, any judge of the High Court may—
1. (a) inquire into the matter in a summary way, on affidavit, or such other evidence as shall appear reasonable to him or her, and for that purpose, summon and enforce the attendance of all necessary parties and witnesses in like manner as the attendance of witnesses may be enforced in any other proceedings; and
1. (b) thereupon dismiss the charge, or order the officer to pay any monies or damages which, in the opinion of the judge, the officer ought under the circumstances to pay; and also impose such fine, if any, as he or she may think fit, on the officer.

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

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

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

(5) In this section “appropriate Service Commission” means the Public Service Commission or in cases to which section 81 of the Constitution applies the Judicial and Legal Services Commission.

Administrator General

75. Commission of Administrator General

There shall be paid to the Administrator General, for the use of the State, such commission, not exceeding 10% as shall be fixed by the Governor General by order published in the Gazette on all moneys and the value of all property which may come into his or her possession by virtue of his or her office.

76. Administration of Bankrupts Estates

The rights and duties of the Administrator General respecting the estates of bankrupts shall be such as may be prescribed by the Commercial Code or any other enactment.

77. Administration of renounced and oTher successions

The rights and duties of the Administrator General respecting successions which from any cause are without a representative in the State shall be such as may be prescribed by the Civil Code or any other enactment.

78. Power of Governor General to order equitable distribution of estate of persons who have died intestate out of the State

Where the estate and effects of a deceased person who has died out of the State come into possession of the Government and 3 months have elapsed since the same came into the possession of the Government, and it is proved to the satisfaction of the Administrator General, that no will has been admitted to probate and no administration has been taken out to the estate of such deceased person, and no person lawfully entitled to such estate and effects by testamentary or intestate succession, or otherwise, has claimed the same, the Governor General may order such estate and effects to be paid, transferred, or delivered to any person who the Governor General considers is lawfully or equitably entitled to the same in the circumstances.

79. Administration of estates of absentees

(1) Whenever any person is absent from the State and is not represented therein by any duly constituted attorney or agent, the estate and effects of such person shall be taken possession of and be administered by the Administrator General.

(2) Any person shall be considered to be absent and unrepresented, if, after having been summoned by advertisements in 3 successive issues of the Gazette and of a newspaper (if any) circulating in the State to appear before the Administrator General, he or she fails within one week after the last advertisement so to appear, or unless it is within such period proved to the satisfaction of the Administrator General that such person is present in the State, or is duly represented by some other person remaining in the State.

80. Administration of estates of persons of unsound mind

The Administrator General shall ex officio take possession of and administer the estate and effects of any person judicially declared to be an idiot, a person of unsound mind, or otherwise insane, and whose next of kin is unwilling, or is declared by the High Court incompetent to administer such estate and effects.

81. Accounts to be kept

The Administrator General shall keep a separate account of all moneys received and disbursed in respect of each estate or succession in his or her possession or charge, or administered by him or her; and such account shall at the close of every week be complete with respect to the transactions of such week and shall be open to inspection, on the order of the Governor General, by any person who may appear to the Governor General to be interested in such estate or succession.

82. Audit of accounts

The Administrator General shall submit his or her books and accounts to be examined and audited by the Director of Audit or other person as the Governor General may for that purpose direct.

83. Abstract of accounts to be furnished to Governor General and published

The Administrator General shall, in the month of January in every year, furnish to the Governor General, an abstract account of the moneys received and disbursed by him or her in respect of each estate administered by him or her during the preceding year, and of all legal costs incurred and received in any action or other proceeding in court taken or carried on in behalf of such estate, and such account shall be published in the Gazette.

Commissioners of the Supreme Court

84. Appointment and powers of Commissioners of the Supreme Court

The Chief Justice may appoint fit and proper persons to be commissioners of the Supreme Court for taking affidavits and declarations in any cause or matter and, when authorised thereto by a special order of the Court of Appeal, High Court or a judge thereof, for taking the examination of witnesses or receiving production of documents.

85. Ex officio Commissioners

Every member of the Legislature, stipendiary magistrate, and justice of the peace shall be ex officio a commissioner for taking such affidavits and declarations.

86. Enforcement of order to be executed before a commissioner

Any order of the High Court or the Court of Appeal or of a judge for the attendance and examination of witnesses or production of documents before a commissioner within the jurisdiction of the Supreme Court may be enforced in the same manner as an order to attend and be examined or produce documents before the High Court or the Court of Appeal.

87. Incidental powers of commissioner Effect of affidavit

Subject to any special directions of the High Court or the Court of Appeal, a commissioner, when and so far as necessary for performing any duty which he or she is authorised to perform, shall be deemed to have and may exercise the incidental powers of a judge, and an affidavit or declaration received before him or her shall have the same effect and be entitled to the same credence as if it had been received in open court.

88. Control of commissioners and their proceedings

Every Commissioner shall be subject to the order and direction of the High Court as fully as any other officer of court, and every proceeding before a commissioner shall be subject to the direction and control of the High Court.

89. Certain commissioners out of the state

Affidavits have a like force and effect if received before a commissioners authorised by the Lord Chancellor to administer affidavits in England; or before a notary public under his or her hand and official seal; or before the mayor or chief magistrate of any city, borough, or incorporated town in Great Britain or Ireland, in any of Her Majesty's colonies or in any foreign country, under the common seal of such city, borough, or incorporated town; or before any judge of a superior court in any of Her Majesty's associated states, colonies or dependencies; or before a British diplomatic or consular officer exercising his or her functions in any place outside the State, or before a Commissioner of the West Indies Associated States exercising his or her functions in any place outside the State.

PART 4
WITNESSES

90. Disobedience of subpoena

If any person served with a subpoena to attend as a witness in any proceeding before a judge of the High Court sitting in court or in chambers or before the Court of Appeal shall refuse or neglect to attend pursuant to such subpoena, such judge or Court of Appeal may punish such person in summary way by fine not exceeding $150, or by commitment to prison for any term not exceeding 6 months.

However, this section does not affect or abridge any right of any party to the proceeding or proceed against such person for the recovery of any special damage such party may have sustained by reason of the disobedience of such person.

91. Witness expenses in criminal proceedings

(1) Any judge of the High Court may, in or in respect of any criminal proceeding before him or her, order allowances not exceeding those prescribed by rules of court, to be paid to all persons examined or detained as witnesses for the Crown, whether examined before the magistrate or not, and also to all persons examined or detained as witnesses for the defence, who shall have been examined before the magistrate, and who shall have been bound over to appear before the High Court at the trial.

However, the judge may, if he or she shall think fit, order a similar allowance to be paid to any person examined at the trial as a witness for the defence although such person was not examined before the magistrate.

(2) If any person except a duly qualified medical practitioner giving professional evidence, whose allowance shall, under this section, be ordered to be paid, shall reside at a greater distance than one mile from the Court House at which such trial takes place, the judge may order to be paid to such person for and in respect of his or her travelling expenses, such further allowance as may be prescribed by rules of court.

However, in the case of duly qualified medical practitioners, whose whole time is given to the public service, and who are therefore under the provisions of subsection (3) disqualified from receiving an allowance for attendance, the judge may nevertheless, order the payment of an allowance for travelling expenses in accordance with this subsection.

(3) When any person called or detained as aforesaid as witnesses either for the Crown or the defence is in receipt of a salary as a public officer, such person shall not, unless his or her whole time is not at the disposal of the Government, by reason of his or her enjoying private practice or otherwise, be entitled to be paid any allowance under this Act, for attendance as a witness, beyond the travelling expenses provided for by subsection (2) of this section.

92. Persons present at proceedings in Court may be ordered to give evidence

Any judge may, in any proceeding pending before him or her, order any person present to give evidence therein, notwithstanding that no viaticum or other payment to which he or she was entitled, shall have been paid or tendered to him or her.

PART 5
MISCELLANEOUS

93. Sittings of the Courts

(1) Subject to the provisions of this and the next following section, the High Court and the Court of Appeal for the purpose of exercising the jurisdiction and powers conferred on them respectively by this Act and any other law in force in the State may sit either in the State or in any of the States to which the Supreme Court Order applies.

(2) Sittings of the High Court for the trial of civil and criminal causes originating in the State shall be held at such times as may be prescribed by rules of court and shall be held in the City of Castries except in cases where the Chief Justice gives special directions then the High Court shall sit at some other place.

(3) Sittings of the Court of Appeal shall be held at such times and at such places as the Chief Justice may by general or special directions appoint.

(4) Notice of the times appointed for the sittings of the High Court and of the Court of Appeal shall be published in the Gazette.

94. Interlocutory applications

(1) In the absence of a judge or master any interlocutory or other application which may be made to a judge in chambers or to a master, may be reduced to writing and delivered, posted, or sent by facsimile or other electronic means by the Registrar to the judge or to the master together with such affidavits and other documents as are required by the rules of court made under section 17 of the Supreme Court Order.

(2) The written order of the judge or master on an application made under subsection (1) shall be transmitted to the Registrar and shall be deemed to be an order of the Court.

(3) No such application shall be made unless the Registrar shall certify that, to the best of his or her belief, all parties, liable to be affected by the order sought, and entitled to be heard against the same have had due notice thereof, and an opportunity of transmitting any counter affidavits or other documents, in opposition thereto.

(Amended by Act 25 of 2000)

95. Expenses in criminal proceedings

In every criminal proceeding, all expenses consequent on, or incidental to the transmission of process, the conveyance of prisoners and the trial, determination of or dealing with such proceedings, including all allowances ordered to be paid to witnesses under section 91, shall be paid out of monies provided by the Legislature.

96. Remission or reduction of fines

Any fine or penalty imposed by a judge may, at any time before it has been paid or satisfied, be reduced or remitted by him or her.

97. Remedy of person improperly deprived of priority in registration of title

Any person who is deprived of any priority or privilege on the registry of acts and titles affecting immovable property, by the default, neglect, or omission of the Registrar, may, by petition, apply to the High Court for restoration to such priority or privilege as may be due and of right belong to such person, and the High Court may, in a summary manner, upon satisfactory proof of any matters in such petition alleged, make such order therein as the justice of the case may require.

98. Saving of procedure and rules of court

(1) Save as is otherwise provided by this Act or by rules of court, all forms and methods of procedure which under and by virtue of any law, custom or rule whatsoever, were formerly in force in any of the courts the jurisdiction of which is vested in the High Court or the Court of Appeal respectively, and which are not inconsistent with this Act, or with rules of court may continue to be used in the High Court and the Court of Appeal respectively in the like cases and for the like purposes as those in and for which they have been applicable in the former respective courts.