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Citation |
- Permanent Link:
- https://original-ufdc.uflib.ufl.edu/UF00076853/00410
Material Information
- Title:
- The Antigua, Montserrat and Virgin Islands gazette
- Creator:
- Antigua
Montserrat
British Virgin Islands
- Place of Publication:
- St. John's? Antigua
- Publisher:
- Govt. Printer.
- Publication Date:
- June 27, 1963
- Frequency:
- Weekly (irregular)
weekly completely irregular
- Language:
- English
- Physical Description:
- 12 v. : ; 25-35 cm.
Subjects
- Subjects / Keywords:
- Law -- Antigua and Barbuda ( lcsh )
Law -- Montserrat ( lcsh ) Law -- British Virgin Islands ( lcsh ) Politics and government -- Antigua and Barbuda ( lcsh ) Politics and government -- Montserrat ( lcsh ) Politics and government -- British Virgin Islands ( lcsh )
- Genre:
- serial ( sobekcm )
legislation ( marcgt ) federal government publication ( marcgt ) periodical ( marcgt )
- Spatial Coverage:
- Antigua and Barbuda -- Antigua
Montserrat
British Virgin Islands
Notes
- Dates or Sequential Designation:
- v. 1-12, no. 18; July 5, 1956-Mar. 30, 1967.
- General Note:
- Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
Record Information
- Source Institution:
- University of Florida
- Holding Location:
- University of Florida
- Rights Management:
- All applicable rights reserved by the source institution and holding location.
- Resource Identifier:
- AHX9420 ( LTUF )
17270322 ( OCLC ) 001667609 ( AlephBibNum )
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VIRGIN
ehil
AMTIGUA,
AN
MONTSERRAS
[ISLANDS GAZ
Published by Authority.
VOL. VIL. THURSDAY, 277m JUNE, 1963.
Notices.
It is notified for general informa-
tion that the Federal Republic of
Germany has appointed Herr. Dr.
JENS PETERSEN as Consul of Ger-
many for the Leeward and Windward
Islands, Barbados and British Guiana
with residence at Port of Spain.
Herr Dr. JENS PETERSEN has been
granted provisional recognition as
Consul.
Administration Building
St. John’s. Antigua,
20th June, 1963.
Ref. No. A. 19/3-I].
The Adininistrator has been pleased
to appoint Mr. TI. B. THOMPSON,
Director of Public Works as a mem-
ber of the Central Housing and Plan-
ning Authority under Section 4 of
the Slum-Clearance and Housing
Ordinance 1948 (No. 3 of 1948) for
the period Ist June, 1963 to 9th
April, 1964.
Mr. THOMPSON succeeds Mr. A. T.
Wason former Director of Public
Works who has been transferred to
Barbados.
Adminstration Building,
St. John’s, Antigua.
201k June, 1963.
Ref. No. A. 13/12-TI
2
OBITUARY.
The Administrator of Antigua
records w.th regret, the death on the
19th June, 1963, of Mrs. JOSEPHINE
CHAMBERS, Head Teacher II, of the
Education Department of this Terri-
tory.
Administrator's Office,
Antigua,
26th June, 1963.
TLIC POEL HAI PS as IS
ERRATUM
Antigua Statutory Rule and Order
No. 13 of 1963 should read ‘The
Passport Visa (Exemption) (Amend-
ment) Order, 1963.†(Notice No. 32
appearing in Gazette No. 27 of 13th
June, 1963).
X
328° 7397
(4 (aia
Application For Naturalisa-
tion as a British Subject.
Notice is hereby given that
BAHAA WADIH AZAR of ‘anner
Street, St. John’s, Antigua, is apply-
ing to the Administrator for Natura-
lisation, and that any person who
knows any reason why Naturalisaiion
should not be granted, should send a
written and signed statement of the
facts to the Administrator. St. John’s,
Antigua, on or before the 6th dav of
July, 1963.
By Order,
O. W. FuaXx,
Secretary to the Administrator.
Administration Building,
St. John’s. Anriqua,
21st June, 1963.
Board of Commissioners of
Currency, British Carib-
bean Territories (Kastern
Group)
(Article 1 (i) of the Currency
Agreement)
The Secretary of State for the
Oolonies has, on the nomination of
the Administrators of Grenada, St.
Vincent, St. Lucia and Dominica,
appointed] the Financial Secretary,
St. Vincent. to be a Commissioner on
the Board of Commissioners of Cur-
rency. British Caribbean Territories
(astern Group) with effect from
13th March, 1963.
L. SPENCE,
Executive Commissioner
British Caribbean Currency Board
Headquarters,
Board of Commissioners of Cur-
rency British Caribbean Ter-
ritories (Eastern Group)
Trinidad.
24th May, 1963.
No. 37.
The following Statutory Rules and
Orders are circulated with this Gazette
and form part thereof:—
Virgin Islands.
No. 9 of 1963, “The Virgin
Islands National Bank (Days and
Hours of Business) Order 1963. â€
1 pp Price Sets.
No. 10 of 1963, “The Stamps
(Freedom from Hunger) Order 1963 â€
1 pp price 5 cts,
O90" FIRMATION OF ORDINANOXS,
No. 38
The Seeretary of State for the
Colonies has intormed the Adminis-
trator that the power of disallowance
will not be exercised in respect of the
undermentioned Ordinance:
Antigua.
No. 13 of 1962 “The Appropria-
tion Ordinance, 1962.â€
Administration Building,
St. John’s, Antigua.
Ref, No. A. 47/83,
Overseas Telephone Accounts.
Telephone subscribers are advised
that accounts for overseas telephone
calls for the quarter ended on the
15th June, 1963, are now due and
payable at tne Treasury not later
than the 30th June, 1963. All
cheques shonld be made payable to
the Accountant General.
2. Subscribers whose accounts for
overseas telephone cails have not
been paid by the abovementioned
date will have their services suppress-
ed without further notice and the
services wil! not be restored until the
account and a reconnection fee have
been paid.
3. Antigua Statutory Rule and
Order No. 14 of 1963 has amended
the Telephone Regulations to provide
inter alia, that charges for radio tele-
phony calls sre payable on demand,
and also in certain cases should either
be repaid or secured by a deposit.
4. In future, unless a subscriber
has been notified to the contrary,
accounts will be rendered monthly,
and payment must be made by the
15th of the following month.
Telephone Department,
Antigua.
24th June, 1963.
154
TRADE MARKS OFFICH,
ANTIGUA, 2lst May, 1UE3.
PHILIP MORRIS INCORPORA-
TED of 100 Park Avenue, New York
17, New York U.S. A. have applied
for Registration of one Trade Mark
consisting of the following:
ie
in Class 40, that is to say, cigarettes
and tobacco products.
The Applicants claim that they have
used the said Trade Mark in respeot
of -the-gaid goods for more than
5 months before the date of their said
Application.
Any person may within three
months fiom the date of the first
appearance of this Advertisement in
the Antigua, Montserrat & Virgin
Islands Gazette vive notice in dupli-
cate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
O. W. JACK,
Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA June 4th, 1963.
BROWN & WILLIAMSON TO-
BACVO CORPOKATION (EXPORT)
LED. of Westminster House, 7,
Millbank London, 8.W. have applied
for Registration of one Trade Mark
consisting of the following:—
in Class 45, that is to say, tobacco,
whether manufactured or unmannu-
factured
The Applicants claim that they
have not used the said Trade Mark
i: respect of the said goods before
the date of their said Application.
THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTU.
Any person may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antigua, Moniserrat & Virgin Is-
lands Gazette. give notica in duplicate
at the Trade Marks Office, Antigua,
of opposition to registration of the
said Trade Mark.
O. W. Jack
Registrar of Trade Marks.
MARKS OFFICE,
4th, 1963.
TRADE
ANTIGUA June
BROWN & WILLIAMSON TO-
BACCO CORPORATION (EXPORT)
LTD. of Westminster House, 7,
Millbank London, 8.W. have applied
for Registration of one ‘Trade Mark
consisting of the following:—
PROTEGTO
in Class 45, that is to say, tobacco,
whether manufactured or unmanu-
factured
The Applicants claim that they
have not used the said Trade Mark in
respect of the said goods before the
date of their said Application.
Any person may within three
months from ths date of the first ap-
pearance of this Advertisementin the
Antigua, Montserrat & Virgin Is-
lands Gazette, give notice in duplicate
at the Trade Marks Office, Antigua,
of opposition to registration of the
said Trade Mark.
O. W. JACK.
Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA June 4th, 1963.
BROWN & WILLIAMSON TO-
BACCO CORPORATION (IK XPORT)
LTD. of Westminster House, 7,
Millbank London, 8.W. have applied
for Registration of one Trade Mark
consisting of the following:—
ALUMIDOR
‘in Class 45, that is to say, tobacco,
whether manufactured or unmanu-
factured
The Applicants claim that they
have not used the said Trade Mark in
respect of the said goods before the
date of their said Application.
Any person may within three
months {rom the dats of the first ap-
pearance of this Advertisement in the
Antigua, Montserrat & Virgin Is-
lands Gazetie, give notice in duplicate
atthe Trade Marks Office, Antigua, of
opposition to registration of the said
Trade Mark.
0. W. JACK,
Registrar of Trade Aluiks.
| June 27, 1963,
TRADE MARKS nee IGK,
ANTIGUA, 16th, Mas, 1963.
MC KESSONS & ROBBINS of 155
East 44th Street, City and State of
New York, U.S.A. have applied for
Registration of one Trade Mark con-
sisting of tha following:—
in Class 3, thitis to say. all goods
included in Class 3
The Applicants clita chat they have
not used the said ‘Trade Mark in re-
spect of the said goods be fure the date
of their gaid A pplication.
Any pereon may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antiguu, Montserrat & Virgin
Islands Guzeite give notice in dupli-
cate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
O. W. JACK.
Registrar gee Trade Marks.
TRADE MARKS OFFICK,
ANTIGUA, 16th May, 1963.
R. J. REYNOLDS TOBACCO
COMPANY of Main & Fourth Streets,
City of Winston-Salem, North Oaro-
lina, U.S.A. have applied for Regis-
tration of one Trade Mark consisting
of the following:—
TEMPO
in Class 45, that is to say, manufac-
tured tabacco products
The Applicants claim that they have
not used the said Trade Mark in
respect of the said goods before the
date of their said Application.
Any person may within three
months from the date of the first ap-
penrance of this Advertisement in the
Antigua, Montserrat & Virgin
Islunds Gagetie give notice in dupli-
cate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
O. W. JACK.
Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA, 21st May, 1963.
P. J. CARROLL AND COMPANY
LIMITED of Dundalk House, 38-& 39
Church Street, Dundalk, County of
Louth, Republic of Ireland have ap-
plied for Registration of one Trade
Mark consisting of the following:—
PAX
in Class 45, in respect of tobacco
whether manufactued or unmanufac-
tured
June 27, 1963. |
The Applicants claim that they have
not used the saii Trade Mark in re-
spect of the said goods before the date
of their said Application.
Any person may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antigua, Montserrat & Virgin
Islands Gazette give notice in dupli-
cate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
O. W. JAcK,
Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA, 27th May, 1963.
R. J. REYNOLDS TOBACCO
COMPANY of Main & Fourth Streets,
‘ Winston-Salem State of North Caro-
lina, U.S.A. have applied for Registra-
tion of one Trade Mark consisting of
the following:—
CITATION
in Class 45, that isto say, tobacco
products of all kinds
The Applicants claim that they have
not used the said Trade Mark in
respect of the said goods before the
date of their said Application.
Any person way within three
Months from the date of the first ap-
pearance of this A:ivertisement in the
Antigua, Montserrat, & Virgin
Islands Gazetie give noticein dupli-
cate at the Trade Marks Office,
Antigna, of opposition to registration
of the said Trade Mark.
' QO. W. JACK.
Registrar ot Trade Marks.
TRADE MARKs OFFICE.
MONTSERRAT, 31st May, 1963.
R. J. REYNOLDS TOBACCO
COMPANY of Main & Fourth Streets,
City of Winston-Salem. State of North
’ Carolina, United State of America,
have applied for Registration of one
Trade Mark consisting of the follow-
ing :—
CITATION
in Class 45, that is to say, ‘ tobacco
-- whether manufactured or unmanufac-
turedâ€.
The Applicants claim that they have
not nsed the said Trade Mark in re-
spect of the said goods before the date
of their said Application.
‘Any person may within three
-months from the date of the first
appearance of this Advertisement in
the Antigua, Moniserrat & Virgin
Islands Gazette give notice in dupli-
cate at the Trade Marks Office,
Montserrat, of opposition of the said
Trade Mark.
Cc. C. St. Lovis,
Ag. Reytetrar of Trade Marke.
TRADE MARKS OFFICE,
MONTSERRAT 28th May, 1963.
R. J. REYNOLDS TOBACCO
COMPANY of Main & Fourth Streets,
City of Winston-Salem, State of North
Carolina, United States of America has
applied for Registration of one Trade
Mark consisting of the following:—
TEMPO
in Class 45, that is to say, ‘ tobacco,
whether manufactured or unmanufac-
turedՉۉ۪.
The Applicants claim that they have
not used the said Trade Mark in re-
spect of the said goods before the date
of their said Application.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antigua, Montserrat and Virgin
Islands Gazette give notice in dupli-
eate' at the Trade Marks Office,
Montserrat, of opposition of the said
Trade Mark.
C. C. Sr. Louis,
Ag. Registrar of Trade Marks.
TRADE MARKS OFFICE,
MONTSERRAT 28th May., 1963.
BROWN & WILLIAMSON
TOBACCO CORPORATION (EX-
PORT) LIMITED of Westminster
House, 7, Millbank, London, S. W. 1,
‘ngland has applied for Registration
of one Trade Mark consisting of the
following:
As
A ae
au WY EE si
3 < Seb NO
fa AE
“ech
in Class 45, that is to say, ‘ tobacco,
whether manufactured or nnmanufae-
turedâ€.
The applicants claim that they are
lawfully entitled to the use of the said
Trade Mark.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antigua, Montserrat & Virgin
[stands Gazette give notice in dupli-
cate at the Trade Marks Office,
Montserrat, of opposition of the said
Trade Mark.
C. C. 8t. Louis,
Ay. Registrar of Trade Marke.
City Rate
Notice is hereby given that a copy
of the list of the original assessments
of the City Rate for 1963 to which
objections have been taken and altera-
tions made thereto by the Central
Board of Health has this day been
posted upon the outer door of the
Treasury and may be seen at the
Central Board of Health office.
THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE. 155
Notice is hereby given that all the
amounts fur the City Rate for the
year 1963 must be paid into the
Treasury by the 3lst August, 1963.
Seoretary,
Jentral Board of Health.
Central Board of Health
antigua.
23rd May, 1963.
Insurance of Government Motor Vehicies.
Tenders are invited for the com-
prehensive insurance coverage of all
Government owned motor vehicles
for the period 15th July, 1963 to 14th
July.1964. There are approximately
100 motor vehicles including trailers
and Cane Carts.
2. The contract of insurance must
provide that where coverage is given
during the currency of the Policy it
will expire on the termination of the
Policy and in such case for an adjuat-
ment of the :pproprinte preminm to
be made.
3. A list of the mctor vehicles to
be insured will be supplied on appli-
cation to the Ministry of Public
Works and Communications, Admin-
istration Building.
4. Tenders should be in sealed
envelopes marked * Tender for Ingur-
ance of Vehicles†addressed to the
Minister of Public Works and Com-
munications, Administration Build-
ing, St. John’s, and should reach that
office not later than 12.00 noon on
Saturday 29th June, 1963.
5. Government does not bind it-
self to accept the lowest or any
tender.
J. H. JOSEPH,
Ag. Admin:strative Secretary,
Ministry of Public Works
and Communications.
Ministry of Public Works
and Communications.
Administration Buildinu,
Antigua,
Tenders ars invited for the pur-
chase of one 26 Worm Gear Guillotine
together with Spare Knife which has
been in use at the Government
Printery from 1932.
Tenders should be submitted in
sealed envelopes addressed to the
Superintendent, Government Print-
ing Office and c'early marked on the
envelope “Tender for Guillotine â€
and should react the Superintendent
not later than the 30th June.
Government dovg not bind itself to
accept the highest or any tender.
Administrator’s Office,
St. John’s,
Antigua.
12th June, 1963.
156
Insurance of Government Buildings
Tenders are invited for comprehen-
sive insurance covered, i.e. Fire,
Hurricane andjor Earthquake on
Government Buildings in Antigua
and Barbuda.
2. In view of the large number of
buildings which are to be insured all
tenders should provide to exempt
Government from the usual provi-
sions of
(4) the average clause which
provides that claims will be enter-
tained only to the extent of the
relation which the samo bears to the
total value of the property insured;
and
(b) the excess clause which
provides that a deduction of 1% of
th onownt insared (or £25 which-
ev vy is less) shall be without the
payment of an additional premium.
3. The contract of insurance
should provide for the deletion
therefrom during its continuance of
jasured buildings which have’ been
demolished or disposed of by Govern-
ment, and the addition of any
building and for the adjustment of
the appropriate premium in such
cases.
4. The schedu’e of the properties
to be insured an? their respective
insnrab'e values may be inspected at
the otfice of the Direetor of Publie
Works, Pablic Works Department,
Si. Johr’s, during the normal office
hours
5. Tenders sioukl be in sealed
envelo:: marked ‘* Tender for
Tnsarance of Government Buildingsâ€
and should be addressed to the Minis-
ter of Public Works nnd Communica-
tions, Administration Building, to
reach the office not later than 4.00
p.m. on Monday. 8th July, 1963.
THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE.
6. Government does not bind
itself to accept the lowest or any
tender.
Ministry of Public Works
and Communications
26th June, 1963.
Antigua.
Ref. No. A. 66/13-II.
WEIGHTS & MEASURES.
The Inspector of Weights and
Measures shall attend for the purpose
of examining, weighing, and stamp-
ing weights and measures and weigh-
ing instruments at the following
times and places between the Ist
July and the 24th July, 1963.
1. Atthe Police Station Parham
from 9 a.m. to 4 p.m. on Mon-
day Ist July.
2. At the Police Station Willikies,
from 9 a.m. to 4 p.m. on Tues-
day 2nd July.
3. At the Police Station Freetown,
from 9 a.m. to 4 p.m. on Wed-
nesday 3rd July.
4, Atthe Police Station All Saints,
from 9 a.m.to 4 p.m. on Thurs-
day 4th July.
5. Atthe Police Station Liberta, |
from 9 a.m.to 4 p.m. on Fri-
day 5th July.
6. At the Police Station Bolans,
from 9 a.m. to 4 p.m. on Mon-
day 8th July.
7. At the Police Station Brooker,
from 9 a.m. to 4 p.m. on Tues-
day 9th July.
8. Atthe Police Station Coolidge
from 9 a.m. to 4 p.m. on Wed-
nesday 10th July.
[June 27, 1963
9. Atthe Police Station St. John’s
from 9 am. to 4 pan. on Thurs-
day llth, Friday 12th, Monday
15th, Tuesday 16th, Wednesday
17th, Thursday 18th und Friday
19th July.
10. At the Police Station Barbude
from 9 a.m. to 4 p.m. on Wed-
nesday 24th July.
Provided that any of the days
prescribed above be a Bank Holiday,
inspection will be carried «ut on the
following day.
C. B. DANIEL,
Inspector af Weights and Measures.
NOTICE TO IMPORTERS
Goods which have not been
removed from the Queen’s Ware-
house within three months will be
sold by Public Auction at the Point
Warehouse on Thursday Llth July,
1963, at 2.30 p.m.
Importers who have passed war-
rants on any of the items listed for
gale are asked to remeve thm before
the day of the sale.
Jopies of the list of goods for sale
can be seen ut the Quecn’s Ware-
house, the Bonded Warehouse at the
Point and the Customs Building,
HARL O. PESTAINA,
Collector of Customs.
12/6/63.
RAINFALL FIGURES
Agricultural Depariment,
Antigua.
Month. 1959 19860 196] 1962 1963
January 2.91 3.84 2.16 677 4.62
February 1.16 5.09 2.31 0.92 1.12
March 0.73 3.18 1.84 0.81 0.52
April 3.61 1.48 0.74 3.56 1.26
May 9.02 1.49 2.31 442 6.95
June 22nd 0.40 0.95 1.54 3.70 2.48
17.83 16.03 10.90 20.18 16.95
June 27, 1963 a
THE Ev neon MONTSERRAT & VIRGIN ISLANDS GAZETTE.
APCE AE VE TEs
157
WINDWARD ISLANDS AXD
LEEWARD ISLANDS
ANTIGUA CIRCUIT
No. 7 of 1962.
Between:
Epmonp J. BLAIzE Appellané
(Snperintendent of (’vtice)
ana
Dick Barzry Respondent.
Before: ©
†â€
L. H. Lockuarr for respondent
Legal Assistant (D. M.
LamBerT) for the appellant,
The Honour Mr. Justice P. C. Lewis
Mr. Justice E. L. St. Bernard.
JUDGMENT
(September 10 and 11, 1962)
Lewis, J., delivered the judgment of the
court: The respondent was charged before the
Magistrate of District “ A†for that he on Febru-
ary 3, 1962, at Christian Street in the Parish of
Saint John in the Colony of Antigua, did have
on premises other than licensed premises rum in
excess of 12 reputed pints, to wit 72 bottles
Doorlys and 42 pints Cockspur rum, which were
not accounted for by the production of a sale note,
contrary to s. 87 of the Licensing Act, 1879, as
amended by s. 9 of the Licensing Act (Amend-
ment) Ordinance, 19.7, No 7.
At the close of the case for the prosecution
the respondent’s counsel stated that the facts of
the charge were admitted and that he did not
propose to lead any evidence. He however made
the following submissions: ‘‘ The defendant bve-
ing a licensed person could not be properly
charged for an offence under s. 87 of the Licensing
Act (Amendment) Ordinance, 1947, as it now
stood as the Ordinance drew a clear distinction
between Licensed persons and unlicensed persons.
As an illustration attention was drawn to ss. 27A
and 27B (1) which draw these clear distinctions.
Tt was clear that s. 87 referred only to liquor in
the possession of unlicensed persons. This was
fully borne out by a glance at s. 88 which placed on
a licensed person the responsibility of not only
pointing out intoxicating liquor in his premises but
also in ‘‘ his custody or possession†which custody
or possession it does not require to be necessarily
on licensed premises. In fact the section is quite
‘silent on this point, and there seems no reasonable
justification for importing into the section such a
restriction.
Section 89 is also illuminating on the point
because it creates an offence which deals with
excesses not properly accounted for by licensed
persons, It is therefore evident that licensed per-
sons have a duty imposed by s. 27A coupled with
8. 89 (1) which enjoins thei to deal honestly with
stocks of liquor unhampered by the formalities of sale
notes ordinirily applicable to unlicensed persons.â€
The magistrate accepted the submissions of
counsel for the respondent and held that there was
no evidence that the respondent, being a licensed
person, had an excess of quantity of liquor in his
possession, and he accordingly dismissed the com-
plaint.
It was common ground that the respondent
held a tavern licence which authorised him to sell
on his premises between certain prescribed hours
“any intoxicating liquor, on which every duty
payable has been paid, to be consumed on the
premises.â€
due appeiant appealed vu ie suc ground
that the decision was erroneous in point 3 are
and at the hearing of the appeal sought and
ovtained leave to add to his ground of appeal the
following words :
“1... on the ground that there was found
on premises other than licensed premises (2.¢.,
the premises of the respondent) rum in excess
of 12 reputed pints which was not accounted
for by a sale note, contrary tos. 87 of the
Licensing Act, 1879, as amended by s. 9 of
the Licensing Act (Amendment) Ordiuance,
1947’.
‘he same argument which was addressed to
the magistrate was submitted to this court, the
gist of which was that as the respondent was a
licensed person he committed no offence under
s. 87 by having rum in excess of 12 reputed pints
on unlicensed premises even though he could not
account for the same by the production of a sale
note. In other words what was being submitted
was tliat once a person held a licence under the
Act this enabled him to keep any quantity of
liquor on unlicensed premises. In support of his
augument counsel for the respondent referred to
ss. 27A, 27B (1), 87, 88 and 89 (1) of the Act.
Counsel for the appellant on the other hand
referred to the definition of “licence†“ licensed
person’, “premisesâ€, “ licensed premisesâ€? and
‘“‘unlicensed premises†in s. 3 of the Act and
contended that s. 87 of the Act created two
offences, namely, (1) the possession by an un-
licensed person of rum required to be accompanied
by u sale note and his inability to give a reasonable
158
explanation to account for the absence of the sale
note, and (2) the presence on unlicensed premises
of rum required to be accompanied by a sale note
and the inability of the person or occupier of the
premises where such rom is found to give a reason-
able explanation to account for the presence of the
same by the production of a sale note. He aceord -
ingly submitted that the respondent had been
guilty of the second offe:ce created by s. 87.
In our view the submission of counsel for the
appellant is the correct one. We consider that s.
87 is intended to make it an offence for any person
other than a license) person to have in his posses-
sion rum which is required to be accompanied by a
sale note unless he can give a reasonable expla-
nation to the magistrate for the absence of the sale
note when called upon to produce it; and a second
offence is also created where such rum is found on
unlicensed premises and no sale note is produced to
account therefor.
In this cave it was admitted that rum in excess
of 12 reputed pints was found on the respon‘ent’s
premises. which were not licensed premises, and by
s. 27B (1) any rum in excess of this amount is
required to be accompanied by wsale note. It was
also admitted that the respondent did not produce
a sale note to account for his possession of the
same, nor did he give a reasonable explanation to
the magistrate to account for its absence. Accor-
dingly we are of the opinion that the respondent
was guilty of the second offence created by s. 87 of
the Act.
This is sufficient to dispose of the appeal but
out of deference to the arguments addressed to us
by counsel for the respondent on ss. 27.4, 27B (1),
87, 88 and 89 (1) we will briefly exumine these
sections.
Section 27A merely requires a licensed person
to keep a book in which shall e recorded all sales
of rum in excess of 12 reputed pints. Section
27B (i) prohibits the removal at any one time
from one place to another of rum exceeding in
volume 12 reputed pints unless accompanied by a
sale note. Counsel for the respondent submitted
that the words ‘‘rum which is required to be
accompanied by a sale note†in s. S7 mean rum
purchased by an unlicensed person in excess of 12
reputed pints. There is in our opinion no warrant
for any such interpretation of these words.
The purpose of s. 27B (/) is plain. Its
object is to prohibit the removal from one place
to another of a specified quantity of rum except
under a certain condition. The quantity of ram
specified in the section is an amount “ exceeding in
volume twelve reputed pints†and the condition
under which such a quantity of rum may be
removed is that it should be “accompanied by a
sale noteâ€. The subsection in effect provides a
definition for the expression “rum which is to be
accompanied by a sale note’’, and says that this
expression means any quantity of rum in excess of
12 reputed pints. It thus equates the expression
“rum required to be accompanied by a sale noteâ€
to the expression “rum exceeding in volume
THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE.
[June 27, 1963.
twelve reputed pintsâ€. The expre sion “rum
required to be accompanied by a sale note†is thus
aterm ofart in the Act, and whereever it 1s used
it signifies that reference is being made to a quan-
tity of rum in excess of 12 reputed pints. This
expression is used in 8. 27B (2) which makes it an
offence for a person to receive without a sale note
“any rum required to be accompanied by such sale
note.â€
Section 84 (1) created certain offences in
connection with the sending out, celivery and
removal of ‘rum required to be accompanied by a
sale note’, s. 85 (2) makes it an offence for any
person to be found removing or carrying “ any
“rum which is by this Act required to do be accom-
panied by asale noteâ€, if he refuses or fails to
produce the sale note when required todo so. In
all these cases, the expression “ ram required to be
accompanied by a sale note†has the same mean-
ing, which is, rum exceeding in volume 12 reputed
pints,
As regards sr. 89 (1) the words “ the examina-
tion under the provisions hereinbefore contaiued of
any licensed premises’, have no relation whatever
to s. 88, which in fact does not give a power of
examination to any one, but imposes on the
licensed person the duty of pointing out to the
persons mentioned in the section all intoxicating
liquor on the licensed premises or in the custody or
possesion of the licensee, and if the licensee fails in
this duty he is guilty of an offence. The
‘‘examination’â€â€™ referred toin s. 89 (1) relates to
the power given in s.48 to the persons named
therein to inspect the records of licensed premises
“and to take an account of the quantity and
strength of all intoxicating liquor therein, and
generally to ascertain whether the terms of the
license issued under this Act are being complied
with, and whether any of the provisions of this
Act are being contravenedâ€. If on an exainina-
tion conducted under s. ++ the examiner finds what
appears to be an excess in the quantity of liquor the
licensee should hve in hand, then it is for the
licensee to account for the excess by the production
of sale notes, permits or otherwise, and if he can-
not satisfactorily account for the excess he will be
guilty of an offence. [n our view, therefore,
neither s. 88 nor s. 89 (1) has any bearing on the
matters raised on chis appeal.
It seems to us, however, that s. 23 of the Act
completely demolishes the respondent’s argument
that a licensed person may keep any quantity of
liquor on unlicensed premises. It will be observed
that this section makes it an offence for any person
merely to keep “intoxicating liquor at any place
where he is not authorised by license to sell the.
sameâ€. Such a “place†would of course be
unlicensed premises. It is also clear that the word
‘nerson †in this context includes a licensed person,
for the penal provisions of the section impose the
punishment of forfeiture of his license on the
holder of a license if he is convicted of n second or
subsequent offence under this section.
June 27, 1963 |
An attempt was tmaade co persuade tue court
to remit the case to the magistrate to hear the
respondent's defence because the submissions made
on his behalf were made at the close of the case for
the prosecution. In our view, however, it was
clear from the record that the respondent having
admitted the facts of the case for the prosecution
intended to reply only ou his leyal submissions and
did not intend to call any evidence. In fact on the
record it is stated on behalf of the respondent that
“it was not proposed to lead any evidenceâ€. In
these circumstances i¢ would not be proper to allow
the respondent a second «} portunity of offering an
explanation to the inagistrate to account for the
AID TO PIONEE! INDUSTRIES.
>
In pursuance of the requirements of section 3
(2) (a) of the aid to Pioneer Industries Ordinance,
1950 (No. 9 of 1950) it is hereby notified for general
information that the Adininistrator in Council pro-
poses to make the undermentioned Order under
section 3 (1) of the said Ordinance. An person
who obje ‘ets to the making of such Order shall give
notice in writing of his obj: etlon and of the e grounds
on which he relies in support thereot to the Clerk to
the Executive Council on or before the Gth day of
July, 1963.
kK. T. Henry,
(term of the & ounci
cen Ere re eee ees ooo
ANTIGUA
STATUTORY RULES AND ORDERS.
1968, No.
The Aid to Pioneer Industries (Manufacture of
Re-sombined Milk) Order, 1963, made by the
Administrator under section 8(1) of the Aid
to Pioneer Industries Ordinance, 1950
(No. 9 of 1250).
[ Gazetted ]
1. Ssorr titte. This Order may he cited
as the Aid to Pioncer Industries (Manufacture of
Re-combined Milk) Order, 1963.
THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE.
159
absence uc ine sale uote waen vy his own deliberate
act he omitted to do so in the first instance.
The order of the court is the appeal be allowed
and the case remitted to the magistrate to record a
conviction against the respondent and to impose
such sentence as he may deem appropriate. The
respondent should pay $20 costs.
Appeal allowed,
Sed. P. © Lewis
Sgd. E. L. St. Bernarp
2. DECLARATION OF RE-COMBINED MILK TO
BE A PIONEER INDUSTRY. The manufacture ol re-
com ined milkis hereby declared to be a pioneer
industry for the purposes of the Aid to Pioneer
Industries Ordinance, 1950, and the following
products
Pasteurised and homogenised re-
combined milk, including flavoured
milk,
Re-combined cream and cottage
cheese, Ice cream mix
are hereby declared to be pioneer products for the
said purposes.
Made by the Administrator acting in accordance
with the advice of the Executive Council this
day of . 1963.
Clerk of the Counetl.
Printed at the Government Printing Office. Antigua, Leeward Islands,
bv RoBERT Linpsay, ActingGovernment Printer,—By Authority
1963.
[Price 27 cents.]
VIRGIN ISLANDS
STATUTORY RULES AND ORDERS.
1968, No. 9.
—ee
Virein Istanps NaTIoNAL BANK (DAYS AND HOURS OF BUSI-
NESS) ORDER, 1963, DATED 22nD May, 1963, MADE BY THE
ADMINISTRATOR IN COUNCIL UNDER SECTION 6A OF THE
Avien Banxers Act (Cap. 75)
1. CITATION. This Order may be cited as the Virgin
Islands National Bank (Days and Hours of Business) Order,
1963.
2. DAYS AND HOURS OF BUSINESS. The Virgin
Islands National Bank shall carry on its banking business at
Road Town save and.except on public or statutory holidays, on
the days and at the hours following: —
Days Hours
Monday to | Between the hours of 9 a.m. and
Thursday 2 p.m.
Friday Between the hours of 9 a.m. and
2 p.m. and between the hours of
4 p.m. and 6 p.m.
3. REVOCATION. The Virgin Islands National Bank
(Days and Hours of Business) Order, 1961 is hereby revoked.
4. COMMENCEMENT. This Order shall come into
effect on the 10th day of June, 1963.
Made by the Administrator in Council this 22nd day of
May, 1963.
V. ScaTLIFFE,
Ag. Clerk of the Council.
Printed at the Government Printing Office, Antigua, Leeward Islands,
by Ropert Linpsay, Acting Government Printer—By Authority.
1963.
420—6.63. [Price 5 cents.]
VIRGIN ISLANDS
STATUTORY RULES AND ORDERS.
1968, No. 10.
Tae Stamps (FREEpDoM From Hunger) OrpEr, 1963, paTrp
May, 28 1963, MADE BY THE ADMINISTRATOR IN COUNCIL
UNDER SECTIONS 4 AND 5 oF THE Stamps Act (Cap. 135).
1. CITATION. This Order may be cited as the Stamps
(Freedom from Hunger) Order, 1963.
2. INTERPRETATION. In this Order—
‘““(U.S.)â€â€ means in the currency of the United States
of America.
3. USE OF STAMPS. The special stamps of the value
of 25c. (U.S.) and of the design specified in the Schedule hereto
are hereby authorised for use in the Colony.
4. DURATION AND RESIDUES. The issue of stamps
hereby authorised shall remain on sale until the 3rd day of
September, 1963, or until stocks are exhausted whichever date
is earliar, after which this Order shall cease to be operative and
such stamps (if any) then remaining unsold shall forthwith be
destroved.
5. COMMENCEMENT. This Order shall come into
. Operation on the 4th day of June, 1963.
Made by the Administrator in Council this ~28th day of
May, 1963.
V. SCATLIFFE,
Ag. Clerk of the Council.
SCHEDULE
The special stamps will be in horizontal format, size 15 "x1"
approximately, printed by photogravure process in mauve and will in-
clude a portrait of Her Majesty the Queen and will feature the products
. of farming and fishing together with the words FREEDOM FROM
HUNGER.
Printed at the Government Printing Office, Antigua,L sow Islands,
by Ropert Linpsay, Acting Government Printer.—By Authority.
1963,
420—6.63 [Price 5 cants.]
|
Full Text |
VIRGIN
ehil
AMTIGUA,
AN
MONTSERRAS
[ISLANDS GAZ
Published by Authority.
VOL. VIL. THURSDAY, 277m JUNE, 1963.
Notices.
It is notified for general informa-
tion that the Federal Republic of
Germany has appointed Herr. Dr.
JENS PETERSEN as Consul of Ger-
many for the Leeward and Windward
Islands, Barbados and British Guiana
with residence at Port of Spain.
Herr Dr. JENS PETERSEN has been
granted provisional recognition as
Consul.
Administration Building
St. John’s. Antigua,
20th June, 1963.
Ref. No. A. 19/3-I].
The Adininistrator has been pleased
to appoint Mr. TI. B. THOMPSON,
Director of Public Works as a mem-
ber of the Central Housing and Plan-
ning Authority under Section 4 of
the Slum-Clearance and Housing
Ordinance 1948 (No. 3 of 1948) for
the period Ist June, 1963 to 9th
April, 1964.
Mr. THOMPSON succeeds Mr. A. T.
Wason former Director of Public
Works who has been transferred to
Barbados.
Adminstration Building,
St. John’s, Antigua.
201k June, 1963.
Ref. No. A. 13/12-TI
2
OBITUARY.
The Administrator of Antigua
records w.th regret, the death on the
19th June, 1963, of Mrs. JOSEPHINE
CHAMBERS, Head Teacher II, of the
Education Department of this Terri-
tory.
Administrator's Office,
Antigua,
26th June, 1963.
TLIC POEL HAI PS as IS
ERRATUM
Antigua Statutory Rule and Order
No. 13 of 1963 should read ‘The
Passport Visa (Exemption) (Amend-
ment) Order, 1963.†(Notice No. 32
appearing in Gazette No. 27 of 13th
June, 1963).
X
328° 7397
(4 (aia
Application For Naturalisa-
tion as a British Subject.
Notice is hereby given that
BAHAA WADIH AZAR of ‘anner
Street, St. John’s, Antigua, is apply-
ing to the Administrator for Natura-
lisation, and that any person who
knows any reason why Naturalisaiion
should not be granted, should send a
written and signed statement of the
facts to the Administrator. St. John’s,
Antigua, on or before the 6th dav of
July, 1963.
By Order,
O. W. FuaXx,
Secretary to the Administrator.
Administration Building,
St. John’s. Anriqua,
21st June, 1963.
Board of Commissioners of
Currency, British Carib-
bean Territories (Kastern
Group)
(Article 1 (i) of the Currency
Agreement)
The Secretary of State for the
Oolonies has, on the nomination of
the Administrators of Grenada, St.
Vincent, St. Lucia and Dominica,
appointed] the Financial Secretary,
St. Vincent. to be a Commissioner on
the Board of Commissioners of Cur-
rency. British Caribbean Territories
(astern Group) with effect from
13th March, 1963.
L. SPENCE,
Executive Commissioner
British Caribbean Currency Board
Headquarters,
Board of Commissioners of Cur-
rency British Caribbean Ter-
ritories (Eastern Group)
Trinidad.
24th May, 1963.
No. 37.
The following Statutory Rules and
Orders are circulated with this Gazette
and form part thereof:—
Virgin Islands.
No. 9 of 1963, “The Virgin
Islands National Bank (Days and
Hours of Business) Order 1963. â€
1 pp Price Sets.
No. 10 of 1963, “The Stamps
(Freedom from Hunger) Order 1963 â€
1 pp price 5 cts,
O90" FIRMATION OF ORDINANOXS,
No. 38
The Seeretary of State for the
Colonies has intormed the Adminis-
trator that the power of disallowance
will not be exercised in respect of the
undermentioned Ordinance:
Antigua.
No. 13 of 1962 “The Appropria-
tion Ordinance, 1962.â€
Administration Building,
St. John’s, Antigua.
Ref, No. A. 47/83,
Overseas Telephone Accounts.
Telephone subscribers are advised
that accounts for overseas telephone
calls for the quarter ended on the
15th June, 1963, are now due and
payable at tne Treasury not later
than the 30th June, 1963. All
cheques shonld be made payable to
the Accountant General.
2. Subscribers whose accounts for
overseas telephone cails have not
been paid by the abovementioned
date will have their services suppress-
ed without further notice and the
services wil! not be restored until the
account and a reconnection fee have
been paid.
3. Antigua Statutory Rule and
Order No. 14 of 1963 has amended
the Telephone Regulations to provide
inter alia, that charges for radio tele-
phony calls sre payable on demand,
and also in certain cases should either
be repaid or secured by a deposit.
4. In future, unless a subscriber
has been notified to the contrary,
accounts will be rendered monthly,
and payment must be made by the
15th of the following month.
Telephone Department,
Antigua.
24th June, 1963.
154
TRADE MARKS OFFICH,
ANTIGUA, 2lst May, 1UE3.
PHILIP MORRIS INCORPORA-
TED of 100 Park Avenue, New York
17, New York U.S. A. have applied
for Registration of one Trade Mark
consisting of the following:
ie
in Class 40, that is to say, cigarettes
and tobacco products.
The Applicants claim that they have
used the said Trade Mark in respeot
of -the-gaid goods for more than
5 months before the date of their said
Application.
Any person may within three
months fiom the date of the first
appearance of this Advertisement in
the Antigua, Montserrat & Virgin
Islands Gazette vive notice in dupli-
cate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
O. W. JACK,
Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA June 4th, 1963.
BROWN & WILLIAMSON TO-
BACVO CORPOKATION (EXPORT)
LED. of Westminster House, 7,
Millbank London, 8.W. have applied
for Registration of one Trade Mark
consisting of the following:—
in Class 45, that is to say, tobacco,
whether manufactured or unmannu-
factured
The Applicants claim that they
have not used the said Trade Mark
i: respect of the said goods before
the date of their said Application.
THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTU.
Any person may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antigua, Moniserrat & Virgin Is-
lands Gazette. give notica in duplicate
at the Trade Marks Office, Antigua,
of opposition to registration of the
said Trade Mark.
O. W. Jack
Registrar of Trade Marks.
MARKS OFFICE,
4th, 1963.
TRADE
ANTIGUA June
BROWN & WILLIAMSON TO-
BACCO CORPORATION (EXPORT)
LTD. of Westminster House, 7,
Millbank London, 8.W. have applied
for Registration of one ‘Trade Mark
consisting of the following:—
PROTEGTO
in Class 45, that is to say, tobacco,
whether manufactured or unmanu-
factured
The Applicants claim that they
have not used the said Trade Mark in
respect of the said goods before the
date of their said Application.
Any person may within three
months from ths date of the first ap-
pearance of this Advertisementin the
Antigua, Montserrat & Virgin Is-
lands Gazette, give notice in duplicate
at the Trade Marks Office, Antigua,
of opposition to registration of the
said Trade Mark.
O. W. JACK.
Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA June 4th, 1963.
BROWN & WILLIAMSON TO-
BACCO CORPORATION (IK XPORT)
LTD. of Westminster House, 7,
Millbank London, 8.W. have applied
for Registration of one Trade Mark
consisting of the following:—
ALUMIDOR
‘in Class 45, that is to say, tobacco,
whether manufactured or unmanu-
factured
The Applicants claim that they
have not used the said Trade Mark in
respect of the said goods before the
date of their said Application.
Any person may within three
months {rom the dats of the first ap-
pearance of this Advertisement in the
Antigua, Montserrat & Virgin Is-
lands Gazetie, give notice in duplicate
atthe Trade Marks Office, Antigua, of
opposition to registration of the said
Trade Mark.
0. W. JACK,
Registrar of Trade Aluiks.
| June 27, 1963,
TRADE MARKS nee IGK,
ANTIGUA, 16th, Mas, 1963.
MC KESSONS & ROBBINS of 155
East 44th Street, City and State of
New York, U.S.A. have applied for
Registration of one Trade Mark con-
sisting of tha following:—
in Class 3, thitis to say. all goods
included in Class 3
The Applicants clita chat they have
not used the said ‘Trade Mark in re-
spect of the said goods be fure the date
of their gaid A pplication.
Any pereon may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antiguu, Montserrat & Virgin
Islands Guzeite give notice in dupli-
cate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
O. W. JACK.
Registrar gee Trade Marks.
TRADE MARKS OFFICK,
ANTIGUA, 16th May, 1963.
R. J. REYNOLDS TOBACCO
COMPANY of Main & Fourth Streets,
City of Winston-Salem, North Oaro-
lina, U.S.A. have applied for Regis-
tration of one Trade Mark consisting
of the following:—
TEMPO
in Class 45, that is to say, manufac-
tured tabacco products
The Applicants claim that they have
not used the said Trade Mark in
respect of the said goods before the
date of their said Application.
Any person may within three
months from the date of the first ap-
penrance of this Advertisement in the
Antigua, Montserrat & Virgin
Islunds Gagetie give notice in dupli-
cate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
O. W. JACK.
Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA, 21st May, 1963.
P. J. CARROLL AND COMPANY
LIMITED of Dundalk House, 38-& 39
Church Street, Dundalk, County of
Louth, Republic of Ireland have ap-
plied for Registration of one Trade
Mark consisting of the following:—
PAX
in Class 45, in respect of tobacco
whether manufactued or unmanufac-
tured
June 27, 1963. |
The Applicants claim that they have
not used the saii Trade Mark in re-
spect of the said goods before the date
of their said Application.
Any person may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antigua, Montserrat & Virgin
Islands Gazette give notice in dupli-
cate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
O. W. JAcK,
Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA, 27th May, 1963.
R. J. REYNOLDS TOBACCO
COMPANY of Main & Fourth Streets,
‘ Winston-Salem State of North Caro-
lina, U.S.A. have applied for Registra-
tion of one Trade Mark consisting of
the following:—
CITATION
in Class 45, that isto say, tobacco
products of all kinds
The Applicants claim that they have
not used the said Trade Mark in
respect of the said goods before the
date of their said Application.
Any person way within three
Months from the date of the first ap-
pearance of this A:ivertisement in the
Antigua, Montserrat, & Virgin
Islands Gazetie give noticein dupli-
cate at the Trade Marks Office,
Antigna, of opposition to registration
of the said Trade Mark.
' QO. W. JACK.
Registrar ot Trade Marks.
TRADE MARKs OFFICE.
MONTSERRAT, 31st May, 1963.
R. J. REYNOLDS TOBACCO
COMPANY of Main & Fourth Streets,
City of Winston-Salem. State of North
’ Carolina, United State of America,
have applied for Registration of one
Trade Mark consisting of the follow-
ing :—
CITATION
in Class 45, that is to say, ‘ tobacco
-- whether manufactured or unmanufac-
turedâ€.
The Applicants claim that they have
not nsed the said Trade Mark in re-
spect of the said goods before the date
of their said Application.
‘Any person may within three
-months from the date of the first
appearance of this Advertisement in
the Antigua, Moniserrat & Virgin
Islands Gazette give notice in dupli-
cate at the Trade Marks Office,
Montserrat, of opposition of the said
Trade Mark.
Cc. C. St. Lovis,
Ag. Reytetrar of Trade Marke.
TRADE MARKS OFFICE,
MONTSERRAT 28th May, 1963.
R. J. REYNOLDS TOBACCO
COMPANY of Main & Fourth Streets,
City of Winston-Salem, State of North
Carolina, United States of America has
applied for Registration of one Trade
Mark consisting of the following:—
TEMPO
in Class 45, that is to say, ‘ tobacco,
whether manufactured or unmanufac-
turedՉۉ۪.
The Applicants claim that they have
not used the said Trade Mark in re-
spect of the said goods before the date
of their said Application.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antigua, Montserrat and Virgin
Islands Gazette give notice in dupli-
eate' at the Trade Marks Office,
Montserrat, of opposition of the said
Trade Mark.
C. C. Sr. Louis,
Ag. Registrar of Trade Marks.
TRADE MARKS OFFICE,
MONTSERRAT 28th May., 1963.
BROWN & WILLIAMSON
TOBACCO CORPORATION (EX-
PORT) LIMITED of Westminster
House, 7, Millbank, London, S. W. 1,
‘ngland has applied for Registration
of one Trade Mark consisting of the
following:
As
A ae
au WY EE si
3 < Seb NO
fa AE
“ech
in Class 45, that is to say, ‘ tobacco,
whether manufactured or nnmanufae-
turedâ€.
The applicants claim that they are
lawfully entitled to the use of the said
Trade Mark.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antigua, Montserrat & Virgin
[stands Gazette give notice in dupli-
cate at the Trade Marks Office,
Montserrat, of opposition of the said
Trade Mark.
C. C. 8t. Louis,
Ay. Registrar of Trade Marke.
City Rate
Notice is hereby given that a copy
of the list of the original assessments
of the City Rate for 1963 to which
objections have been taken and altera-
tions made thereto by the Central
Board of Health has this day been
posted upon the outer door of the
Treasury and may be seen at the
Central Board of Health office.
THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE. 155
Notice is hereby given that all the
amounts fur the City Rate for the
year 1963 must be paid into the
Treasury by the 3lst August, 1963.
Seoretary,
Jentral Board of Health.
Central Board of Health
antigua.
23rd May, 1963.
Insurance of Government Motor Vehicies.
Tenders are invited for the com-
prehensive insurance coverage of all
Government owned motor vehicles
for the period 15th July, 1963 to 14th
July.1964. There are approximately
100 motor vehicles including trailers
and Cane Carts.
2. The contract of insurance must
provide that where coverage is given
during the currency of the Policy it
will expire on the termination of the
Policy and in such case for an adjuat-
ment of the :pproprinte preminm to
be made.
3. A list of the mctor vehicles to
be insured will be supplied on appli-
cation to the Ministry of Public
Works and Communications, Admin-
istration Building.
4. Tenders should be in sealed
envelopes marked * Tender for Ingur-
ance of Vehicles†addressed to the
Minister of Public Works and Com-
munications, Administration Build-
ing, St. John’s, and should reach that
office not later than 12.00 noon on
Saturday 29th June, 1963.
5. Government does not bind it-
self to accept the lowest or any
tender.
J. H. JOSEPH,
Ag. Admin:strative Secretary,
Ministry of Public Works
and Communications.
Ministry of Public Works
and Communications.
Administration Buildinu,
Antigua,
Tenders ars invited for the pur-
chase of one 26 Worm Gear Guillotine
together with Spare Knife which has
been in use at the Government
Printery from 1932.
Tenders should be submitted in
sealed envelopes addressed to the
Superintendent, Government Print-
ing Office and c'early marked on the
envelope “Tender for Guillotine â€
and should react the Superintendent
not later than the 30th June.
Government dovg not bind itself to
accept the highest or any tender.
Administrator’s Office,
St. John’s,
Antigua.
12th June, 1963.
156
Insurance of Government Buildings
Tenders are invited for comprehen-
sive insurance covered, i.e. Fire,
Hurricane andjor Earthquake on
Government Buildings in Antigua
and Barbuda.
2. In view of the large number of
buildings which are to be insured all
tenders should provide to exempt
Government from the usual provi-
sions of
(4) the average clause which
provides that claims will be enter-
tained only to the extent of the
relation which the samo bears to the
total value of the property insured;
and
(b) the excess clause which
provides that a deduction of 1% of
th onownt insared (or £25 which-
ev vy is less) shall be without the
payment of an additional premium.
3. The contract of insurance
should provide for the deletion
therefrom during its continuance of
jasured buildings which have’ been
demolished or disposed of by Govern-
ment, and the addition of any
building and for the adjustment of
the appropriate premium in such
cases.
4. The schedu’e of the properties
to be insured an? their respective
insnrab'e values may be inspected at
the otfice of the Direetor of Publie
Works, Pablic Works Department,
Si. Johr’s, during the normal office
hours
5. Tenders sioukl be in sealed
envelo:: marked ‘* Tender for
Tnsarance of Government Buildingsâ€
and should be addressed to the Minis-
ter of Public Works nnd Communica-
tions, Administration Building, to
reach the office not later than 4.00
p.m. on Monday. 8th July, 1963.
THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE.
6. Government does not bind
itself to accept the lowest or any
tender.
Ministry of Public Works
and Communications
26th June, 1963.
Antigua.
Ref. No. A. 66/13-II.
WEIGHTS & MEASURES.
The Inspector of Weights and
Measures shall attend for the purpose
of examining, weighing, and stamp-
ing weights and measures and weigh-
ing instruments at the following
times and places between the Ist
July and the 24th July, 1963.
1. Atthe Police Station Parham
from 9 a.m. to 4 p.m. on Mon-
day Ist July.
2. At the Police Station Willikies,
from 9 a.m. to 4 p.m. on Tues-
day 2nd July.
3. At the Police Station Freetown,
from 9 a.m. to 4 p.m. on Wed-
nesday 3rd July.
4, Atthe Police Station All Saints,
from 9 a.m.to 4 p.m. on Thurs-
day 4th July.
5. Atthe Police Station Liberta, |
from 9 a.m.to 4 p.m. on Fri-
day 5th July.
6. At the Police Station Bolans,
from 9 a.m. to 4 p.m. on Mon-
day 8th July.
7. At the Police Station Brooker,
from 9 a.m. to 4 p.m. on Tues-
day 9th July.
8. Atthe Police Station Coolidge
from 9 a.m. to 4 p.m. on Wed-
nesday 10th July.
[June 27, 1963
9. Atthe Police Station St. John’s
from 9 am. to 4 pan. on Thurs-
day llth, Friday 12th, Monday
15th, Tuesday 16th, Wednesday
17th, Thursday 18th und Friday
19th July.
10. At the Police Station Barbude
from 9 a.m. to 4 p.m. on Wed-
nesday 24th July.
Provided that any of the days
prescribed above be a Bank Holiday,
inspection will be carried «ut on the
following day.
C. B. DANIEL,
Inspector af Weights and Measures.
NOTICE TO IMPORTERS
Goods which have not been
removed from the Queen’s Ware-
house within three months will be
sold by Public Auction at the Point
Warehouse on Thursday Llth July,
1963, at 2.30 p.m.
Importers who have passed war-
rants on any of the items listed for
gale are asked to remeve thm before
the day of the sale.
Jopies of the list of goods for sale
can be seen ut the Quecn’s Ware-
house, the Bonded Warehouse at the
Point and the Customs Building,
HARL O. PESTAINA,
Collector of Customs.
12/6/63.
RAINFALL FIGURES
Agricultural Depariment,
Antigua.
Month. 1959 19860 196] 1962 1963
January 2.91 3.84 2.16 677 4.62
February 1.16 5.09 2.31 0.92 1.12
March 0.73 3.18 1.84 0.81 0.52
April 3.61 1.48 0.74 3.56 1.26
May 9.02 1.49 2.31 442 6.95
June 22nd 0.40 0.95 1.54 3.70 2.48
17.83 16.03 10.90 20.18 16.95
June 27, 1963 a
THE Ev neon MONTSERRAT & VIRGIN ISLANDS GAZETTE.
APCE AE VE TEs
157
WINDWARD ISLANDS AXD
LEEWARD ISLANDS
ANTIGUA CIRCUIT
No. 7 of 1962.
Between:
Epmonp J. BLAIzE Appellané
(Snperintendent of (’vtice)
ana
Dick Barzry Respondent.
Before: ©
†â€
L. H. Lockuarr for respondent
Legal Assistant (D. M.
LamBerT) for the appellant,
The Honour Mr. Justice P. C. Lewis
Mr. Justice E. L. St. Bernard.
JUDGMENT
(September 10 and 11, 1962)
Lewis, J., delivered the judgment of the
court: The respondent was charged before the
Magistrate of District “ A†for that he on Febru-
ary 3, 1962, at Christian Street in the Parish of
Saint John in the Colony of Antigua, did have
on premises other than licensed premises rum in
excess of 12 reputed pints, to wit 72 bottles
Doorlys and 42 pints Cockspur rum, which were
not accounted for by the production of a sale note,
contrary to s. 87 of the Licensing Act, 1879, as
amended by s. 9 of the Licensing Act (Amend-
ment) Ordinance, 19.7, No 7.
At the close of the case for the prosecution
the respondent’s counsel stated that the facts of
the charge were admitted and that he did not
propose to lead any evidence. He however made
the following submissions: ‘‘ The defendant bve-
ing a licensed person could not be properly
charged for an offence under s. 87 of the Licensing
Act (Amendment) Ordinance, 1947, as it now
stood as the Ordinance drew a clear distinction
between Licensed persons and unlicensed persons.
As an illustration attention was drawn to ss. 27A
and 27B (1) which draw these clear distinctions.
Tt was clear that s. 87 referred only to liquor in
the possession of unlicensed persons. This was
fully borne out by a glance at s. 88 which placed on
a licensed person the responsibility of not only
pointing out intoxicating liquor in his premises but
also in ‘‘ his custody or possession†which custody
or possession it does not require to be necessarily
on licensed premises. In fact the section is quite
‘silent on this point, and there seems no reasonable
justification for importing into the section such a
restriction.
Section 89 is also illuminating on the point
because it creates an offence which deals with
excesses not properly accounted for by licensed
persons, It is therefore evident that licensed per-
sons have a duty imposed by s. 27A coupled with
8. 89 (1) which enjoins thei to deal honestly with
stocks of liquor unhampered by the formalities of sale
notes ordinirily applicable to unlicensed persons.â€
The magistrate accepted the submissions of
counsel for the respondent and held that there was
no evidence that the respondent, being a licensed
person, had an excess of quantity of liquor in his
possession, and he accordingly dismissed the com-
plaint.
It was common ground that the respondent
held a tavern licence which authorised him to sell
on his premises between certain prescribed hours
“any intoxicating liquor, on which every duty
payable has been paid, to be consumed on the
premises.â€
due appeiant appealed vu ie suc ground
that the decision was erroneous in point 3 are
and at the hearing of the appeal sought and
ovtained leave to add to his ground of appeal the
following words :
“1... on the ground that there was found
on premises other than licensed premises (2.¢.,
the premises of the respondent) rum in excess
of 12 reputed pints which was not accounted
for by a sale note, contrary tos. 87 of the
Licensing Act, 1879, as amended by s. 9 of
the Licensing Act (Amendment) Ordiuance,
1947’.
‘he same argument which was addressed to
the magistrate was submitted to this court, the
gist of which was that as the respondent was a
licensed person he committed no offence under
s. 87 by having rum in excess of 12 reputed pints
on unlicensed premises even though he could not
account for the same by the production of a sale
note. In other words what was being submitted
was tliat once a person held a licence under the
Act this enabled him to keep any quantity of
liquor on unlicensed premises. In support of his
augument counsel for the respondent referred to
ss. 27A, 27B (1), 87, 88 and 89 (1) of the Act.
Counsel for the appellant on the other hand
referred to the definition of “licence†“ licensed
person’, “premisesâ€, “ licensed premisesâ€? and
‘“‘unlicensed premises†in s. 3 of the Act and
contended that s. 87 of the Act created two
offences, namely, (1) the possession by an un-
licensed person of rum required to be accompanied
by u sale note and his inability to give a reasonable
158
explanation to account for the absence of the sale
note, and (2) the presence on unlicensed premises
of rum required to be accompanied by a sale note
and the inability of the person or occupier of the
premises where such rom is found to give a reason-
able explanation to account for the presence of the
same by the production of a sale note. He aceord -
ingly submitted that the respondent had been
guilty of the second offe:ce created by s. 87.
In our view the submission of counsel for the
appellant is the correct one. We consider that s.
87 is intended to make it an offence for any person
other than a license) person to have in his posses-
sion rum which is required to be accompanied by a
sale note unless he can give a reasonable expla-
nation to the magistrate for the absence of the sale
note when called upon to produce it; and a second
offence is also created where such rum is found on
unlicensed premises and no sale note is produced to
account therefor.
In this cave it was admitted that rum in excess
of 12 reputed pints was found on the respon‘ent’s
premises. which were not licensed premises, and by
s. 27B (1) any rum in excess of this amount is
required to be accompanied by wsale note. It was
also admitted that the respondent did not produce
a sale note to account for his possession of the
same, nor did he give a reasonable explanation to
the magistrate to account for its absence. Accor-
dingly we are of the opinion that the respondent
was guilty of the second offence created by s. 87 of
the Act.
This is sufficient to dispose of the appeal but
out of deference to the arguments addressed to us
by counsel for the respondent on ss. 27.4, 27B (1),
87, 88 and 89 (1) we will briefly exumine these
sections.
Section 27A merely requires a licensed person
to keep a book in which shall e recorded all sales
of rum in excess of 12 reputed pints. Section
27B (i) prohibits the removal at any one time
from one place to another of rum exceeding in
volume 12 reputed pints unless accompanied by a
sale note. Counsel for the respondent submitted
that the words ‘‘rum which is required to be
accompanied by a sale note†in s. S7 mean rum
purchased by an unlicensed person in excess of 12
reputed pints. There is in our opinion no warrant
for any such interpretation of these words.
The purpose of s. 27B (/) is plain. Its
object is to prohibit the removal from one place
to another of a specified quantity of rum except
under a certain condition. The quantity of ram
specified in the section is an amount “ exceeding in
volume twelve reputed pints†and the condition
under which such a quantity of rum may be
removed is that it should be “accompanied by a
sale noteâ€. The subsection in effect provides a
definition for the expression “rum which is to be
accompanied by a sale note’’, and says that this
expression means any quantity of rum in excess of
12 reputed pints. It thus equates the expression
“rum required to be accompanied by a sale noteâ€
to the expression “rum exceeding in volume
THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE.
[June 27, 1963.
twelve reputed pintsâ€. The expre sion “rum
required to be accompanied by a sale note†is thus
aterm ofart in the Act, and whereever it 1s used
it signifies that reference is being made to a quan-
tity of rum in excess of 12 reputed pints. This
expression is used in 8. 27B (2) which makes it an
offence for a person to receive without a sale note
“any rum required to be accompanied by such sale
note.â€
Section 84 (1) created certain offences in
connection with the sending out, celivery and
removal of ‘rum required to be accompanied by a
sale note’, s. 85 (2) makes it an offence for any
person to be found removing or carrying “ any
“rum which is by this Act required to do be accom-
panied by asale noteâ€, if he refuses or fails to
produce the sale note when required todo so. In
all these cases, the expression “ ram required to be
accompanied by a sale note†has the same mean-
ing, which is, rum exceeding in volume 12 reputed
pints,
As regards sr. 89 (1) the words “ the examina-
tion under the provisions hereinbefore contaiued of
any licensed premises’, have no relation whatever
to s. 88, which in fact does not give a power of
examination to any one, but imposes on the
licensed person the duty of pointing out to the
persons mentioned in the section all intoxicating
liquor on the licensed premises or in the custody or
possesion of the licensee, and if the licensee fails in
this duty he is guilty of an offence. The
‘‘examination’â€â€™ referred toin s. 89 (1) relates to
the power given in s.48 to the persons named
therein to inspect the records of licensed premises
“and to take an account of the quantity and
strength of all intoxicating liquor therein, and
generally to ascertain whether the terms of the
license issued under this Act are being complied
with, and whether any of the provisions of this
Act are being contravenedâ€. If on an exainina-
tion conducted under s. ++ the examiner finds what
appears to be an excess in the quantity of liquor the
licensee should hve in hand, then it is for the
licensee to account for the excess by the production
of sale notes, permits or otherwise, and if he can-
not satisfactorily account for the excess he will be
guilty of an offence. [n our view, therefore,
neither s. 88 nor s. 89 (1) has any bearing on the
matters raised on chis appeal.
It seems to us, however, that s. 23 of the Act
completely demolishes the respondent’s argument
that a licensed person may keep any quantity of
liquor on unlicensed premises. It will be observed
that this section makes it an offence for any person
merely to keep “intoxicating liquor at any place
where he is not authorised by license to sell the.
sameâ€. Such a “place†would of course be
unlicensed premises. It is also clear that the word
‘nerson †in this context includes a licensed person,
for the penal provisions of the section impose the
punishment of forfeiture of his license on the
holder of a license if he is convicted of n second or
subsequent offence under this section.
June 27, 1963 |
An attempt was tmaade co persuade tue court
to remit the case to the magistrate to hear the
respondent's defence because the submissions made
on his behalf were made at the close of the case for
the prosecution. In our view, however, it was
clear from the record that the respondent having
admitted the facts of the case for the prosecution
intended to reply only ou his leyal submissions and
did not intend to call any evidence. In fact on the
record it is stated on behalf of the respondent that
“it was not proposed to lead any evidenceâ€. In
these circumstances i¢ would not be proper to allow
the respondent a second «} portunity of offering an
explanation to the inagistrate to account for the
AID TO PIONEE! INDUSTRIES.
>
In pursuance of the requirements of section 3
(2) (a) of the aid to Pioneer Industries Ordinance,
1950 (No. 9 of 1950) it is hereby notified for general
information that the Adininistrator in Council pro-
poses to make the undermentioned Order under
section 3 (1) of the said Ordinance. An person
who obje ‘ets to the making of such Order shall give
notice in writing of his obj: etlon and of the e grounds
on which he relies in support thereot to the Clerk to
the Executive Council on or before the Gth day of
July, 1963.
kK. T. Henry,
(term of the & ounci
cen Ere re eee ees ooo
ANTIGUA
STATUTORY RULES AND ORDERS.
1968, No.
The Aid to Pioneer Industries (Manufacture of
Re-sombined Milk) Order, 1963, made by the
Administrator under section 8(1) of the Aid
to Pioneer Industries Ordinance, 1950
(No. 9 of 1250).
[ Gazetted ]
1. Ssorr titte. This Order may he cited
as the Aid to Pioncer Industries (Manufacture of
Re-combined Milk) Order, 1963.
THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE.
159
absence uc ine sale uote waen vy his own deliberate
act he omitted to do so in the first instance.
The order of the court is the appeal be allowed
and the case remitted to the magistrate to record a
conviction against the respondent and to impose
such sentence as he may deem appropriate. The
respondent should pay $20 costs.
Appeal allowed,
Sed. P. © Lewis
Sgd. E. L. St. Bernarp
2. DECLARATION OF RE-COMBINED MILK TO
BE A PIONEER INDUSTRY. The manufacture ol re-
com ined milkis hereby declared to be a pioneer
industry for the purposes of the Aid to Pioneer
Industries Ordinance, 1950, and the following
products
Pasteurised and homogenised re-
combined milk, including flavoured
milk,
Re-combined cream and cottage
cheese, Ice cream mix
are hereby declared to be pioneer products for the
said purposes.
Made by the Administrator acting in accordance
with the advice of the Executive Council this
day of . 1963.
Clerk of the Counetl.
Printed at the Government Printing Office. Antigua, Leeward Islands,
bv RoBERT Linpsay, ActingGovernment Printer,—By Authority
1963.
[Price 27 cents.]
VIRGIN ISLANDS
STATUTORY RULES AND ORDERS.
1968, No. 9.
—ee
Virein Istanps NaTIoNAL BANK (DAYS AND HOURS OF BUSI-
NESS) ORDER, 1963, DATED 22nD May, 1963, MADE BY THE
ADMINISTRATOR IN COUNCIL UNDER SECTION 6A OF THE
Avien Banxers Act (Cap. 75)
1. CITATION. This Order may be cited as the Virgin
Islands National Bank (Days and Hours of Business) Order,
1963.
2. DAYS AND HOURS OF BUSINESS. The Virgin
Islands National Bank shall carry on its banking business at
Road Town save and.except on public or statutory holidays, on
the days and at the hours following: —
Days Hours
Monday to | Between the hours of 9 a.m. and
Thursday 2 p.m.
Friday Between the hours of 9 a.m. and
2 p.m. and between the hours of
4 p.m. and 6 p.m.
3. REVOCATION. The Virgin Islands National Bank
(Days and Hours of Business) Order, 1961 is hereby revoked.
4. COMMENCEMENT. This Order shall come into
effect on the 10th day of June, 1963.
Made by the Administrator in Council this 22nd day of
May, 1963.
V. ScaTLIFFE,
Ag. Clerk of the Council.
Printed at the Government Printing Office, Antigua, Leeward Islands,
by Ropert Linpsay, Acting Government Printer—By Authority.
1963.
420—6.63. [Price 5 cents.]
VIRGIN ISLANDS
STATUTORY RULES AND ORDERS.
1968, No. 10.
Tae Stamps (FREEpDoM From Hunger) OrpEr, 1963, paTrp
May, 28 1963, MADE BY THE ADMINISTRATOR IN COUNCIL
UNDER SECTIONS 4 AND 5 oF THE Stamps Act (Cap. 135).
1. CITATION. This Order may be cited as the Stamps
(Freedom from Hunger) Order, 1963.
2. INTERPRETATION. In this Order—
‘““(U.S.)â€â€ means in the currency of the United States
of America.
3. USE OF STAMPS. The special stamps of the value
of 25c. (U.S.) and of the design specified in the Schedule hereto
are hereby authorised for use in the Colony.
4. DURATION AND RESIDUES. The issue of stamps
hereby authorised shall remain on sale until the 3rd day of
September, 1963, or until stocks are exhausted whichever date
is earliar, after which this Order shall cease to be operative and
such stamps (if any) then remaining unsold shall forthwith be
destroved.
5. COMMENCEMENT. This Order shall come into
. Operation on the 4th day of June, 1963.
Made by the Administrator in Council this ~28th day of
May, 1963.
V. SCATLIFFE,
Ag. Clerk of the Council.
SCHEDULE
The special stamps will be in horizontal format, size 15 "x1"
approximately, printed by photogravure process in mauve and will in-
clude a portrait of Her Majesty the Queen and will feature the products
. of farming and fishing together with the words FREEDOM FROM
HUNGER.
Printed at the Government Printing Office, Antigua,L sow Islands,
by Ropert Linpsay, Acting Government Printer.—By Authority.
1963,
420—6.63 [Price 5 cants.]
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