No 255. 27th August, 1866. before Legislature before 31st March following. CL. XI. Treasurer may receive deposits of minors. CL. XII. Treasurer may pay deposits to married women. CL. XIII. Trustees for other persons may deposit in Savings Bank, CL. XIV. Trustees of Charitable CL. XV. of Legislature not later than the thirty-first day of March in the succeeding year, after having been first submitted for examination to the Auditor of Public Accounts. In case the Treasurer shall receive any deposit from or for the benefit of any person under the age of twenty-one years, it shall be lawful for the Treasurer to pay such person his or her deposit with interest, and the receipt of such person shall be a sufficient discharge, notwithstanding his or her incapacity or disability in law to act. And whereas deposits may be made by married women or by women who have afterwards married, Be it enacted that it shall be lawful for the Treasurer to pay the amount or any part of such deposit to any such woman. It shall be lawful for the Treasurer to receive from any person or persons acting as Trustee or Trustees on behalf of any other person or persons any sum or sums of money not exceeding the sums hereinafter mentioned and limited, and the receipt or receipts of such Trustee or Trustees so depositing, his or her executors or administrators, shall be a good and valid discharge to the said Savings Bank for the same. It shall be lawful for the Trustees or Treasurers of any Charitable Institution, or Charitable Donation, or Bequest for the maintenance, education or benefit of the poor, from time to time to invest the whole or any part of their funds in the Savings Bank established by this Act to the amount of Two hundred and fifty pounds sterling per annum and so that the whole sum invested by any one such Institution or Charitable fund shall not in the whole exceed the sum of One thousand pounds sterling, and the receipt of the person or persons in whose name the said moneys shall be deposited shall be deemed a sufficient discharge. The aggregate amount of deposits to be made by Trustees or Managers of Deposits of Charitable Charitable Institutions, or Charitable Donations or Bequests for the maintenance, education or benefit of the poor, shall not exceed the sum of Five thousand pounds sterling. Institutions not to exceed £5,000. CL. XVI. Deposits not to exceed CL. XVII. Representative of Depositor deceased to take out probate, &c., if deposit above £50. Proviso. If deposit under £50, Proviso. Not to affect remedy of person entitled, CL. XVIII. Disputes between the Bank and any It shall not be lawful for the Treasurer to receive from any one Depositor any sum or sums exceeding One hundred pounds sterling in the whole in any one year ending on the thirty-first day of December, nor to receive or hold from any one Depositor any sum or sums of money which may with principal and interest in the whole exceed the sum of Two hundred pounds sterling. Provided also that whenever the sum or sums standing in the name of any one Depositor shall be equal to the sum of Two hundred pounds sterling all interest thereon shall cease. In case any Depositor in the Savings Bank shall die having any sum or sums of money in the said Savings Bank belonging to him or her at the time of death exceeding the sum of Fifty pounds sterling, the same shall not be paid to any person or persons as representative or representatives of such Depositor but upon probate of the will or letters of administration of the estate and effects of the Depositor. Provided always that when the whole amount of the principal and interest of any Depositor who shall die having moneys in the said Savings Bank shall not amount to the sum of Fifty pounds sterling, and in case the Treasurer shall be satisfied that no will was made and left by such deceased Depositor, and that no letters of administration are likely to be taken out of the goods and chattels of such Depositor, it shall be lawful for the Treasurer, and he is hereby permitted and authorized, to pay the same at any time after the death of the Depositor, or to pay persons appearing to be entitled to the effects of the deceased according to the Statute of Distributions, which payments, as well as any payments made by the Treasurer to the person appearing entitled to the same under probate of will or letters of administration, shall, to all intents and purposes, be a valid discharge to the said Savings Bank. Provided always that any person or persons claiming a superior right to such moneys shall have full legal remedy against the person or persons who shall have received the said moneys from the Savings Bank. If any dispute or difference shall arise touching any matter or thing, payment or receipt, done or made, or required to be done or made, touching any deposit made in the Savings Bank, between any person or persons No. 255. acting in the execution of this Act, or any Depositor therein or his or her 27th August, 1856. representatives, then and in every such case the matter so in dispute shall Depositor may be be referred to two indifferent persons, one to be chosen by the Treasurer referred to arbitrators. and the other by the party with whom the dispute or difference may be, and in case the arbitrators so appointed shall not agree, then such matter in difference or dispute shall be referred in writing to an umpire to be nominated by the said arbitrators previously to entering on the matter of such reference, and whatever award, order or determination shall be made by the said arbitrators or umpire shall be binding and conclusive on all parties and shall be final to all intents and purposes without any appeal. Whenever any moneys lodged on any deposit account shall remain unclaimed for the space of six years since the date of the last deposit, all interest shall thenceforth cease to be computed and payable on such deposit or deposits. CL. XIX. Interest to cease on sums unclaimed for six years. CL. XX. Deposits unclaimed for twenty years to be Whenever any moneys lodged on deposit account shall remain unclaimed for the space of Twenty years since the date of the last deposit, notice of such unclaimed moneys, specifying the amount, the date of forfeited. deposit and the name of the Depositor, shall be published by the Treasurer in the Official Gazette of the said Government, and such monies, if unclaimed for the space of Twelve months after publication of such advertisement, shall be deemed to be forfeited, and the same shall thereupon be applied by the Treasurer to the public use, and the Treasurer shall keep a separate account of all moneys so forfeited. Provided always that it shall be lawful at any time for any person who may consider himself aggrieved by such forfeiture, to apply by petition to the Governor in Council for repayment of the money forfeited, and the Governor with the consent of the Council shall have power to order such repayment, and upon any such order the Governor may issue his warrant to the Treasurer for repayment of the same out of the public Treasury pursuant to such order. The monies deposited with the Treasurer under this Act shall be deemed whilst in his hands to be public money so far as the Treasurer is concerned therewith, and the Treasurer and his sureties and any sureties for the due performance of his office to be given by him hereafter, whether under the law now existing or under any law hereafter to be passed, are and shall be liable, with respect to any loss arising by defalcation of the Treasurer touching any of such monies, to the same responsibilities both Civil and Criminal as they are now, or may by law hereafter be liable in regard to the monies of the Public now or hereafter to be in the Treasury or in the hands of the Treasurer. The Governor with the consent of the Council may make, and from time to time as there shall be occasion may alter Rules regulating the mode of keeping and examining the accounts of Depositors and of the Treasurer, and with respect to the making and withdrawal of deposits and interest, and all other matters incidental to carrying this Act into execution, and all Regulations so made not being in any wise repugnant to this Act, shall be binding on the parties interested in the subject matter thereof, to the same extent as if such Regulations formed part of this Act. It shall be lawful for the Governor to provide at the expense of the Public of this Government a sufficient number of such Books and Forms as may from time to time be required for the purposes of this Act. CL. XXI. Treasurer and sureties liable for deposits as for public moneys. CL. XXII. Governor and Council may make Rules for the purposes of this Act. CL. XXIII. Governor to provide Books and Forms as may be required. CL. XXIV. Governor to cause parts of Act to be It shall be lawful for the Governor at the expense of the Public of this Government to publish in the Newspapers of this Government such parts of this Act, and of the rules to be made under this Act as he may published. deem fit, and also to issue for publication such printed abstract of the provisions of this Act and of the said Rules as he may direct, and the same shall be posted at all Police Stations, Towns and Villages in this Government, in convenient places for the Public information, as soon as may be after the publication of this Act. This Act may be cited as "The Savings Bank Act, 1866." CL. XXV. Short title of Act. No. 258. CL. I. Provisions of Sec. two of this Act to apply to Trials commenced on or after 1st November, 1866. CL. II. Summing up of evidence in cases of Felony and Misde meanour. CL. III. How far Witness may be discredited by the party producing. CL. IV. As to proof of con of adverse Witness. An Act for Amending the Law of Evidence and Practice on Criminal Trials. [17th September, 1866.] WHEREAS it is expedient that the Law of Evidence and Practice on Trials for Felony and Misdemeanour and other Proceedings in Courts of Criminal Judicature, should be more nearly assimilated to that on Trials at Nisi prius: Be it enacted by the Governor, Council and Assembly of the Island of Saint Vincent and its dependencies as follows: that is to say The provisions of section two of this Act shall apply to every trial for Felony or Misdemeanour which shall be commenced on or after the First day of November, One thousand eight hundred and sixty-six, the provisions of sections from three to eight inclusive of this Act shall apply to all Courts of Judicature as well Criminal as all others, and to all persons having by Law or by consent of parties authority to hear, receive and examine Evidence. If any Prisoner or Prisoners, Defendant or Defendants, shall be defended by Counsel but not otherwise, it shall be the duty of the presiding Judge at the close of the case for the Prosecution to ask the Counsel for each Prisoner or Defendant so defended by Counsel whether he or they intend to adduce Evidence, and in the event of none of them thereupon announcing his intention to adduce Evidence the Counsel for the prosecution shall be allowed to address the Jury a second time in support of his case, for the purpose of summing up the Evidence against such Prisoner or Prisoners or Defendant or Defendants, and upon every trial for Felony or Misdemeanour whether the Prisoners or Defendants or any of them shall be defended by Counsel or not, each and every such Prisoner or Defendant, or his or their Counsel respectively, shall be allowed, if he or they shall think fit, to open his or their case or cases respectively, and after the conclusion of such opening, or of all such openings if more than one, such Prisoner or Prisoners or Defendant or Defendants or their Counsel, shall be entitled to examine such Witnesses as he or they may think fit, and when all the Evidence is concluded to sum up the Evidence respectively, and the right of reply and practice and course of proceedings save as hereby altered shall be as at present. A party producing a Witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the Witness shall in the opinion of the Judge prove adverse, contradict him by other Evidence, or by leave of the Judge prove that he has made at other times a statement inconsistent with his present testimony, but before such last mentioned proof can be given the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the Witness, and he must be asked whether or not he has made such statement. If a Witness upon cross examination as to a former statement made by him relative to the subject matter of the Indictment or Proceeding and tradictory statements inconsistent with his present Testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it, but before such proof can be given the circumstances of the supposed state ment sufficient to designate the particular occasion must be mentioned to the Witness, and he must be asked whether or not he has made such statement. CL. V. Cross-examination as to previous statements in writing. A Witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject matter of the Indictment or Proceeding, without such writing being shown to him, but if it is intended to contradict such Witness by the writing his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him. Provided always that it shall be competent for the Judge at any time during the trial to require the production of the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he may think fit. No. 258. 17th September, 1866. conviction of Witness may be given. A Witness may be questioned as to whether he has been convicted of any Felony or Misdemeanour, and upon being so questioned if he either Proof of previous denies or does not admit the fact, or refuses to answer, it shall be lawful for the cross-examining party to prove such conviction, and a certificate containing the substance and effect only [omitting the formal part] of the Indictment and conviction for such offence purporting to be signed by the Clerk of the Court or other Officer, having the custody of the Records of the Court where the Offender was convicted, or by the Deputy of such Clerk or Officer [for which certificate a fee of Five shillings and no more shall be demanded or taken], shall upon proof of the identity of the person be sufficient Evidence of the said conviction without proof of the signature or official character of the person appearing to have signed the same. CL. VII. Witnesses. It shall not be necessary to prove by the attesting Witness any Instrument to the validity of which attestation is not requisite and such As to proof by attesting Instrument may be proved as if there had been no attesting Witness thereto. CL. VIII. disputed writing. Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made As to comparison of by Witnesses and such writings and the Evidence of Witnesses respecting the same may be submitted to the Court and Jury as Evidence of the enuineness, or otherwise, of the writing in dispute. WHEREAS the Acts for Registering Births and Deaths in this Government Preamble. CL. I. That for the purposes of this Act and for making the Returns under the same, the Island of Saint Vincent and its dependencies shall be Colony of St. Vincent divided into five Districts. divided into 5 districts CL. II. The Kingstown District shall comprise all that part of the Parish of Saint George, lying between the right bank of the Warrawarou River, Defines the several and the boundary of the Parish of Saint Andrew, and the whole of the Parish of Saint Andrew. districts. The Calliaqua District shall comprise all the remaining portion of the Calliaqua. Parish of Saint George, and that portion of the Parish of Charlotte, lying between the Iambou River and the River commonly known as Massey River, and a line running due East and West from the head of the said River. The Windward District shall comprise all the remaining portion of the Windward. Parish of Charlotte. The Leeward District shall comprise the Parishes of Saint Patrick and Leeward. Saint David. The Grenadine District shall include the Island of Bequia, and all Grenadines. No. 266. 29th June, 1867. CL. III. Short title of Act. CL. IV. Secretary to be General Colonial Secretary to be Registrar-General. CL. V. Governor in Council to make regulations for management of Registrar-General's Office. CL. VI. Registrar-General to furnish yearly to Governor, Council and Assembly abstract of Births and Deaths registered. CL. VII. other the Islands commonly called the Grenadines within the said Government. In citing this Act in any other Act, or in any Document or proceeding whatever, it shall be sufficient to use the expression "The Births and Deaths Registration Act, 1867." From and after the first day of July, in the year of our Lord one thousand eight hundred and sixty-seven, the office of the Colonial Secretary shall be a General Register Office for keeping a Register of all Births and Deaths in the Island of Saint Vincent and its dependencies, and the Colonial Secretary shall be Registrar-General of Births and Deaths in the same. The Governor in Council may, from time to time, make regulations for the management of the said General Register Office and for the duties of the said Registrar-General, and of the Registrars hereinafter mentioned in the execution of this Act, so that they be not contrary to the provisions herein contained. The Registrar-General shall furnish yearly to the Governor and the Council and Assembly, a general abstract of the number of Births and Deaths registered during the foregoing year, in such form as the Governor may require. The Governor may appoint by Warrant under his Hand and Seal, one person in each district herein before mentioned to be Registrar of Births Governor to appoint a and Deaths, and in every case of vacancy in the office of Registrar, shall forthwith fill up the vacancy. Registrar for each district. CL. VIII. One Registrar to be appointed for the Grenadine District. One book of Registry for whole district shall There shall be only one Registrar of Births and Deaths for the Grenadine District, who shall reside in Bequia, and such Registrar is hereby authorised and required to appoint (with power also to remove Assistant Registrars to and again appoint as occassion shall require) Assistant Registrars, resident be appointed. respectively in the other of the Islands called the Grenadines, who shall report to the Registrar in Bequia the Births and Deaths in the several Islands for which they are Assistant Registrars, and such Registrar shall keep one Book of Registry for the whole district, in which he shall enter the Births and Deaths in the Island of Bequia, and the Births and Deaths in the several other Islands aforesaid, as the same shall be reported to him by the Assistant Registrars. And in making any such entry as lastly mentioned, the Registrar shall enter the name of the Assistant Registrar, making the report in addition to the other particulars of the entry. be kept by Registrar. CL. IX. Registrar to reside in district for which he is appointed. CL. X. Governor may remove Registrars to appoint Registrar responsible for Acts, &c., of Deputy. CL. XII. Register books not in use to be kept in fit receptacle. CL. XIII. Provisions for enforcing delivery of books, documents, &c., from Registrar to his successor. The persons so appointed Registrars shall reside in the Districts for which they are appointed. The Governor may, from time to time, remove all or any of the persons so appointed, and appoint others in their stead. For every District for which a Registrar shall be so appointed, the Registrar shall have power, subject to the approval of the Governor, to appoint by writing under his hand a fit person to act as his Deputy in case of illness or unavoidable absence of such Registrar, and every such Deputy Registrar while so acting, shall have all the powers and duties and be subject to all the provisions and penalties herein declared concerning Registrars, and in case of the death of the Registrar, shall act as Registrar until another Registrar is appointed. And every Registrar shall be civilly responsible for the acts or omissions of his Deputy. The Register Books hereinafter mentioned while in the custody of the Registrar and not in use, shall be kept in an Iron Safe or other fit receptacle, and such safe or other receptacle shall always be kept locked. In every case in which any Registrar shall be removed from or cease to hold his office, all Books, Documents and Papers in his possession as such Registrar shall be given as soon as conveniently may be to his successor in office. And if any person shall refuse to give up any such Books, Documents or other papers in such case as aforesaid, it shall be lawful for any Justice to issue a Warrant under his Hand and Seal for bringing such person before any two Justices. And such person appearing or not, it shall be lawful for such Justices to hear and determine |