Papers of Sir Allan Chalmers Smith

Single Item

Shelfmark: MSS. Brit. Emp. s. 442

Held at the Weston Library

Folder 1: Judgements: West Indies, 1938-1943. Judgements delivered by A.C. Smith in the Supreme Court of Trinidad and Tobago, in manuscript and typescript, often annotated. There are more civil than criminal cases:

(fols. 1-28) Culverhouse v. Waith: Breach of agreement on land situated at Point Fortin, n.d.
(fols. 29-32) Rudolph Sambrano in regarding Guardianship, Custody, and Property of Infants Ordinance, cap. 55, 11 Feb 1939
(fols. 33-45) Joseph Samuels v. Colonial Oil Company Ltd. Breach of contract, 5 Oct 1939
(fols. 46-47) Abdul Karim v. T.F. Tomlinson. Dismissal of claim on damages, 30 Oct 1939
(fols. 48-49) Thompson v. Thompson and Martell. Fraudulent sale of goods, 30 Oct 1939
(fols. 50-53) Gladys Thompson v. Conrad Thompson. Fraudulent sale of goods, 9 Nov 1939
(fols. 54-55) Andrew Crevelle v. W.H. Scott Ltd. Workmen's Compensation Award, 8 Nov 1939
(fols. 56-59) William Henry Scott v. Queensland Insurance Company Ltd. Arbitration, n.d.
(fols. 60-64) Joseph McCarthy v. United British Oilfields of Trinidad Ltd. Workmen's Compensation Award, 14 Nov 1939
(fols. 65-68) John Henry Peters V. Alston & Co. Ltd. Workmen's Compensation Award, 14 Nov 1939
(fols. 69-70) Our sovereign Lord the King v. Jury [sic] Bissessar Biljah. An appeal case, 29 Dec 1939
(fols. 71-79) Maud Rosedale Hughes v. Bakheo Baggan. Compensation for injury sustained in an accident, 6 Jan 1940
(fols. 80-82) Arthur Bailey v. Edmund Nuttall, Sons & Co. (Manchester) Ltd. Workmen's Compensation Award, 8 Mar 1940
(fols. 83-85) Rupert St. Cyr v. Edmund Nuttall, Sons & Co. (Manchester) Ltd. Workmen's Compensation Award, n.d.
(fols. 86-93) Joseph R. Ferreira v. Joseph Leotaud. An appeal case. Justices C.C. Gerahty and W.J. Gilchrist were present, 6 Feb 1940
(fols. 94-100) H.E. Rapsey v. Beharry. Workmen's compensation - Appeal case, 29 Mar 1940
(fols. 101-104) Cyril Adams. Murder by poisoning, n.d.
(fols. 105-106) notes on criminal procedure, n.d.
(fols. 107-108) Arthur Lynch v. Furness Withy & Co. Ltd. and Mr Boleston. An appeal case. Justice Gerahty was present, 23 Oct 1940
(fols. 109-111) Ernest Hugh Canning and others v. Soobran Partap (deceased) and another. A Privy Council appeal judgement delivered by Lord Justice Luxmoore. Justices Homer and Goddard were present, 12 Mar 1941
(fols. 112-113) Henry H. Morton in regarding Education Ordinance No. 28. Seeking a Court injunction against the Director of Education, 20 Dec 1940
(fols. 114-118) Louis Pyke v. Trinidad Northern Areas Ltd. Breach of contract, 10 Oct 1940
(fols. 119-125) no indication of the title of case. Handwritten; apparently a first draft of the judgement, n.d.
(fols. 126-134) Municipal Elections Ordinance, cap. 238, v. Edgar Waldemar Harris & Co. Regarding election irregularities, 13 Jan 1941
(fols. 135-139) John William Mahastesingh v. Lutchman Maharaj and Poonwassie. Illegal transfer of land ownership, Jun 1941
(fol. 140) petition by Alexander Hutchinson Rigsby for readmission to the Roll of Solicitors. Justices Gerahty and Brown were present, n.d.
(fols. 141-146) Sinanan v. Josephs; Sinanan v. Gidharry. A double appeal case; negligent and dangerous driving. Justices Gerahty and Brown were present, 3 Jun 1941
(fols. 147-148) Our sovereign lord the King v. Joseph Chiman. An appeal case; shop-breaking and larceny. Justices Gerahty and Perez were present, 3 Jun 1941
(fols. 149-155) Saroopia and Boodham v. Harripersad. Denial of mortgage payment, 11 Jun 1941
(fols. 156-159) Edgar Waldemar Harris v. Alvin Chimming. Compensation for injury sustained in an accident, Jun 1941
(fols. 160-171) sworn declaration by Jefferson Burchell McDowell, which was attached to a certified copy of Justice Smith's address to the jury on a case of murder, 31 Aug 1942
(fols. 172-173) legal citations on identification by photographs, n.d.
(fols. 174-179) application for injunction against the magistrate and prosecutor proceeding with a trial in a case concerning the Defence Regulations, 17 Sep 1942
(fols. 180-184) Saliman Abdullah Nasir and N. Baggan Maradge v. Ferdinand la fleur. Compensation for injury sustained in a car accident, 16 Nov 1942
(fols. 185-187) Our lord sovereign the King v. Joseph Melville. An appeal case presented by Smith. Decision was made by Justices Brown, Perez, and Boland, 6 Feb 1943
(fols. 188-190) James John and Dooham Jaglal. An appeal case. Discovery of stolen goods. Justice Boland was present, 22 Jun 1943
(fols. 191-193) Our sovereign lord the King v. Edmond Archibald. An appeal case. Wrong evidence and identification procedure. Justices Blackall and Boland were present, 11 Jun 1943
(fols. 194-196) Priscilla John and others v. George F. Huggins & Co. Ltd. Workmen's compensation award, 1 Oct 1943
(fol. 197) list of cases and location file numbers, n.d.
(fols. 198-199) Horatio E. Rapsey v. William Howard Rowdy. Compensation for injury sustained in a car accident, 10 Oct 1943
(fols. 200-204) Irene Martin v. Princess Anthony and others. Maud Husbands v. Princess Anthony and others. Double appeal cases. Slander and personal misconduct. Justices Blackall and Brown were present, 3 Dec 1943
(item 1) newspaper cutting [Port of Spain Gazette] containing the judgement rendered by Jamaica's Chief Justice against the Coca Cola Company' 18 Aug 1940.

Folder 2: Judgements: West Africa, 1944-1950. Judgements delivered by A.C. Smith in the Supreme Court and the West African Court of Appeal, Gold Coast (Ghana):

(fols. 1-2) notes for summing up in cases of murder, n.d.
(fols. 3-9) Sadjin of Osemaneye Abwofioh v. Kwabena Yirenbi. An appeal case. Injunction against an order of the magistrate, 15 Jul 1944
(fols. 10-11) diary of proceedings in the case of Ladjut v. Saforo (Draft), n.d.
(fols. 12-27) Rex v. Augustus William Kojo Thompson. An appeal case. Election malpractices. Justices Kingdom and McCarthy were present, 5 Jun 1944
(fol. 28) part of a judgement drafted by Smith, 23 May 1944
(fols. 29-38) report on rights of appeal under the Native Courts (Colony) Ordinance, 1944, prepared by Smith and sent to the Chief Justice with a covering note, 1 Jul 1944
(fols. 39-43) Commissioner of police v. Naparo Braima Al-Hassan. An appeal case: Official Corruption. Justices Harragin, Doorly, and Coussey were present, 28 Jul 1944
(fols. 44-50) Josiah Ot'oo Ellis and others v. Janet Alliswell Arthur as Trustee and beneficiary to Francis Emmanual Wood (deceased). Injunction against trespass on Hemang Estate, 9 Oct 1944
(fols. 51-58) memorandum from Smith to Chief Justice Harragin on the Native Courts. Ordinance with comments from Justices Lewey and Maugin, 1-11 Oct 1944
(fols. 59-71) Chahin David Gassoub v. W.W. Taylor and D.C.M. Botchey. Application for injunction against trespass, 10 Aug 1946
(fols. 72-78) J.B. Manharzel v. William Joseph; J.B. Manharzel v. Philip Azar. Breach of contract, 23 Jun 1947
(fols. 79-84) Rex v. George Kawaku Danso and Theodore Philip Whenton. An appeal case - murder. Justices Blackall and Lewey were present, 7 Feb 1950
(fols. 85-91) comments by Smith on the reform of Native Court Law, n.d.
(fols. 92-95) notes for summing up in a case of sedition, n.d.
(fols. 96-119) Kokomlemle Consolidated Cases. An appeal in 16 out of 25 consolidated actions involving Ga family lands in the Gold Coast (Ghana). Justices Foster-Sutton and Coussey were present' 5 Mar 1955.

Folder 3: Miscellaneous - Bermuda:

(fols. 1-2) letter from Smith to the editor, Royal Gazette and Colonist Daily, Bermuda, expressing his views on their current issue of Bermuda Railway Company Act, 1924, 10 Nov 1926
(fols. 3-4) letter from Smith to the editor, Royal Gazette and Colonist Daily, expressing his views further on the same issue of Bermuda Railway Company Act, 1924, 24 Nov 1927
(fols. 5-6) copy of a letter circulated to the voters of Paget Parish in Bermuda by Smith. He was seeking their votes at the coming general election, Jun 1928
(fol. 7) promissory note - an exhibit tendered in a case before Smith at the Magistrate's Court, Ebute-Metta, Nigeria, in 1935, 8 Apr 1932.

Folder 4: 1955. Speeches and Minutes of Pre-Federal Judicial Commission meetings - Barbados, British West Indies (BWI):

(fols. 1-5) agenda for the meeting held at Hastings House, Barbados, 11 Jul 1955
(fols. 6-16) speech by Smith, Chairman the Judicial Commission, at the opening of the meeting. It includes the terms of reference of the Commission, 11 Jul 1955
(fols. 17-19) speech by Sir Stephen Luke, Comptroller for Development and Welfare, at the meeting of the Judicial Commission, 11 Jul 1955
(fols. 20-51) minutes of meetings of the Pre-Federal Judicial Commission held at Hastings House, Barbados, 11-16 Jul 1955
(fols. 52-56) minutes of the meeting of the Judicial Commission sitting at the Court House, St. John's, Antigua, 2 Aug 1955
(fols. 57-59) notes taken at an interview between the Pre-Federal Judicial Commissioner and Dunn, Solicitor of Kingston, Jamaica, 8 Aug 1955
(fols. 60-61) notes taken at an interview between the Federal Judicial Commissioner and representatives of the Jamaica Labour Party, 9 Aug 1955
(fols. 62-68) agenda and minutes of meetings of the Pre-Federal Judicial Commission sitting at Mona, St. Andrew, Jamaica' 29 and 30 Aug 1955.

Folder 5: Correspondence, mostly between Smith and the Colonial Office:

(fols. 1-2) telegram from the Secretary of State to the Governor of Sierra Leone requesting that Smith be the Commissioner of the Pre-Federal Judicial Commission of the British West Indies, 24 Feb 1955
(fol. 3) letter from Smith to the Governor of Sierra Leone accepting the appointment as Commissioner of the Pre-Federal Judicial Commission, 25 Feb 1955
(fol. 4) confirmation by the Colonial Office to Smith of his new appointment, 5 Mar 1955
(fol. 5) letter from Roberts-Wray to Smith on matters relating to the Judicial Commission, 5 Mar 1955
(fol. 6) letter from the Colonial Office (signed N.L. Mayle) to Smith requesting a meeting for further discussion, 12 Mar 1955
(fol. 7) letter from the Colonial Office (signed Edith O. Mercer) to Smith requesting that he meet Phillips for a talk, 29 Mar 1955
(fols. 8-9) letter from Smith to Rogers (Colonial Office) reporting progress in the work of the Judicial Commission, 29 Nov 1955
(fols. 10-11) letter from Rogers (Colonial Office) to Smith giving details of his salary and entitlements as Commissioner, 27 Apr 1955
(fol. 12) letter from Mayle (Colonial Office) to Smith answering some of the questions raised in connection with his position as Commissioner, 10 May 1955
(fol. 13) letter from Mayle (Colonial Office) to Smith acknowledging his acceptance of the Commission, 30 Jun 1955
(fols. 14-16) a list of all the Commissions appointed by the Colonial Office in the British West Indies, their terms of reference, and names of members, [1955]
(fol. 17) letter from the Chief Justice to Smith. A reply to an earlier one from Smith, 23 Jul 1955
(fols. 18-19) correspondence between Inniss and Swaby about some omissions in the latter's list of the composition of the pre-Federal Judicial Commission, 19, 27 Sep 1955
(fol. 20) letter from Swaby to Smith on the points he raised in his letter to Inniss, 27 Sep 1955
(fol. 21) letter from Rogers (Colonial Office) to Smith asking for clarification of some points in the report of the Judicial Commission' 15 Nov 1955.

Folder 6 (fols. 1-12) Retirement - Sierra Leone. Speeches by Smith on the occasion of his retirement from Service in Sierra Leone, 3 Mar 1955.

Dates

Creation: 1926-1955

Extent

1 box

Language of Materials

English

Preferred Citation

Oxford, Bodleian Libraries [followed by shelfmark and folio or page reference, e.g. MSS. Brit. Emp. s. 442, folder 1, fols. 1-2].

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Shelfmark:

MSS. Brit. Emp. s. 442

Collection ID (for staff)

CMD ID 4259

Additional Description

Abstract

Archive of Sir Allan Chalmers Smith, colonial judge.

Biographical / Historical

Sir Allan Chalmers Smith was born in Bermuda in 1893. His early education was at Warwick Academy, Bermuda, and Rossall School, England. In 1912, he entered St. John's College, Oxford, to read Law, but had to interrupt his studies to serve in the first world war (army; 1914-1918). After the war, he returned to Oxford and was called to the Bar at Gray's Inn in 1920.

Sir Allan Chalmers Smith's legal career began in Bermuda where he set up practice in 1920 and was made a police magistrate in 1928. In 1935, he went to Nigeria, where he had secured an appointment as magistrate. He was appointed puisne judge to Trinidad in 1938, was transferred to the Gold Coast (Ghana) in 1944, and eventually to Sierra Leone as Chief Justice in 1950. He served as Chief Justice, Sierra Leone, 1951-1955. He was knighted in 1953 and two years later retired from the West African judicial service.

On his return to Bermuda in 1955, he was appointed Attorney-General. He also served as Commissioner of the Pre-Federal Judicial Commission set up in the British West Indies. His final appointment was as an Assistant Justice in Bermuda in 1956, a post that he held until his retirement in 1965.