UF00076853_00454.pdf

VOL. IX.

THE

* ANTIGUA, MONTSHE

AND



VIRGIN ISLANDS GAZETTE.

Published by Authority.

THURSDAY, 16ra APRIL, 1964.

No. 17.



Notices.

In is notified for general informa-
tion that the Acting Chief Justice of
the Supreme Court of the Windward
Islands and Leeward Islands in pur-
suance of the provisions of Section
5(2) of the Windward Islands and
Leeward Islands (Courts) Order in
Council 1959 (as amended by the
West Indies (Dissolution and Interim
Commission) Order in Conneil 1962),
with the approval of the Secretary of
State for the Colonies, has appointed
Mr. WILLIAM ADRIAM DATE to act as
a Puisne Judge of the abovementioned
Court with effect from 7th April,
1964.

Government House,
St. John’s,
Antigua,
14th April, 1964.
Ref No. 4. C, 43/1—III



It is notified for general informa-
tion that the Administrator has been
pleased to appoint Mr. D. CENAC to
be acting Magistrate, Montserrat for
the period 10th to 13th April, 1964
both days inelusive.

Admisintrator’s Office,
Government Headquarters,
Montserrat, W.I.
llth April, 1964.

It is notified for general information
that Mr. DONALD A. S. HALSTEAD
has been accepted for a United King-
dom Ministry of Labour Industrial
Relations Course for overseas trade
unionists commencing on 4th May,
1964 and lasting for thirteen (13)
weeks.

The cost of the course is being
met from technical assistance funds
provided by the United Kingdom De-
partment for Technical Co-oporation.

Ministry of Trade Production
& Labour,
9th April, 1964.
Ret. No, T.P. L. 23/14-I1.

X

326.7297
Q LAAe

Approval of an Insurer by the
Administrator in Council.

Motor Vehicle Insurance
(Third Party Risk)
Ordinance, 1950 No. 11 of 1950.

The Administrator in Councii has
had under consideration an applica-
tion made by Messrs MITCHELL A.
MICHAEL and Sons of St. Mary’s
Street, St. John’s Antigua, on behalf
of Messrs LucaAL and GENERAL
ASSURANCE SOCIETY LIMITED of
Temple Court, 11 Queen Victoria
Street London E. C. 4 England that
the Administrator in Council will
approve of the said LEGAL und GEN-
ERAL ASSURANCE SOCIETY LIMITED
as an Insurer for the purposes of the
Motor Vehicles Insurance (Third
Party Risks) Ordinance 1950 No. 11
of 1950 and it has been decided
that such approval should be granted.

Dated the 19th day March, 1964.

Ministry of Public Works and
Communications.
Administration Building,
St. John’s,
Antigua.
Ref. No. A. 48/5-II



Approval of an Insurer by the
Administrator in Council.

Motor Vehicle Insurance
(Third Party Risk)
Ordinance 1950 No. 11 of 1950.

The Administrator in Council has
had under consideration an applica-
tion made by Messrs. GEO. W. BEN-
NETT BRYSON and Co., Ltd. of St.
John’s, Antigua on behalf of The
ROYAL INSURANCE COMPANY
Limited of 1 North John Street, Liver-
pool 2 England that the Administrator
in Conncil will approve of the said
RoYAL INSURANCE COMPANY
Limited asan Insurer for the purposes
of the Motor Vehicle Insurance (Third
Party Risks) Ordinance 1950 No. 11
of 1950 but with reference to the use
of motor vehicies belonging to the
Jolly Beach Hotel Antigua, only and
to no other motor vehicles. And it has
been decided that snch approval as
requested should be granted.

Dated the 19th day of March 1964.

Ministry of Public Works
and Communications
Administration Building,

St. John’s, Antigua.

Ref. No. A. 48/5-II

No. 20.

Appointments, transfers, etc., in
the public service, with effect from
the dates stated, are published for
general information :—

Antigua.

BROWNE, Miss A., appointed as Pro-
bationary Uncertificated Teacher,
Education Department Jan. 1 64

COCHRANE, W., Senior Clerk, Trea-
sury Department, appointed as
Acting Executive Officer. Treasury
Department Feb. 10 64

DEFREITAS, FE. B., Clerk, Treasury
Departm+nt, appointed Senior Clerk
Income Tax Department

Merch | 64

GEORGE, Miss R., appointed Clerical
Assistant, Public Works Depart-
ment April 1 60

GREENE, J., appointed Petty Officer,
Class IIT Audit Department
November 29 1963

HuMpPHREYs, E. appointed Clerical
Assistant. Public Works Depart-
ment April 1 1960

Hontst, 8S. E. B., Prison Officer,
H. M. Prison, appointed as Master,
Chief Petty Officer, Leper Home

March 1 64

HARPER, McK. D., Agricultural
AssistantIII, Agrileultural Depart -
ment, appointed as Acting Agricul-
tural Assistant LI, Agricultural
Department March 1 64

JARVIS, Miss G., Temporary Clerical
Assistant, Income Tax Department,
appointed as Clerical Assistant, In-
come Tax Department April, 1 60

LEWIS, Miss J., xppointed Probation-
ary/Uncertificated Teacher, Fiduca-
tion Department Jan. 1 64

PETERS, S., appointed Petty Officer
Class III Central Board of Health
January 17 64

Ricuss, Miss E. A., appointed as
Secondary School Assistant Grad-
uate, Education Department

February 16 64

SAMUEL, Miss G., appointed as Cleri-
cal Agsistant, Public Works Depart-
ment June 25 1961

SHEPPARD, Miss S., Clerk, Educa-
tion Department, seconded as Clerk,
Legal Department Feb. 1 64



91 THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE,

Sowersy, F., Master, Leper Home,
appointed as Storekeeper, Central
Board of Health March 1 64

SHERIDAN, Miss A., appointed as
Clericat Assistant, Treasury Depart-
ment December 1 63

Trey, S., Clerk, Post Office, re-
signed appointment with effect
from December 12 1963

Wiuiiams, H., Petty Officer Class IIT,
Post Office, dismissed from the
service November 22 1963



No. 21

The following Imperial Legislation
and Ordinances are circulated with
this Gazette and form part thereof: —

Imperial Legislation

1963 No. 1631, ‘The Merchant
Shipping (Registration of Colonial
Government Ships) Order, 1963.”

4pp Price 11 ois.

ORDINANCES
Montserrat.

No. 11 of 1961, “The Limitation
Ordinance, 1961.”
23 pp. price 49 ots.

Virgin Islands.

No. 29 of 1961, ‘The: National
Parks Ordinance, 1961.”
5 pn. price 13 ets.
No. 35 of 1961, -‘ The Geneva Con-
ventions (Supplementary Provisions)
Ordinance, 1961.”
2 pp. Price 7 cts.
No. 7 of 1962, “‘ The Mineral (Vest-
ing) Ordinance, 1962.”
6 pp. price 15 ets.



in the Supreme Oourt of the
Windward Islands and
Leeward Islands.

ANTIGUA OIROUIT.
A. D. 1964.

NOTICE IS HEREBY GIVEN that
in pursuance of Rules made by the
Chief Justice under Section 16 of the
Leeward Islands and Windward
Islands (Courts) Order in Council,
1959, and duly approved as therein
provided on the 19th day of June,
1959, the Honourable Puisne Judge
selected for the sitting of the Court
has appointed the day of the month on

which ensuing Circuit Court shall sit

for the trial of Criminal and Civil
‘causes in the summary and higher
Oe of the Court, and the
earing of appeals from Magistrates

as follows: that is to say:—

The Antigna Cirenit on TUESDAY
the 5th day of May, 194, at 10.00
o’clock in the forenvcon.

Dated this 6th day of April, 1964.

O. W. JACK,
fegistrar of the Supreme Court,
Antigua Circuit.

In the Supreme Court of the
Windward Islands and
Leeward Islands
Antigua Circuit.

In Bankruptey:

Re WILLIAM JEFFERY of Brig-
gins Road in the Parish of
Saint John in the Colony of
Antigua, Restaurant Keeper.

Under receiving order dated the
15th day of January, 196.

NOTICE IS HEREBY GIVEN that
a sitting of the Court for public
examination of the debtor will be
held at the Court House, on the 20th
day of April, 1964, at 9.30 o’clock in
the forenoon.

Dated the 23rd day of March, 1964.

O. W. JACK.
Official Receiver.

ANTIGUA.

THE REGISTRATION OF UNITED
KINGDOM PATENTS AcT, 1925.

NOTICE IS HEREBY GIVEN
that The Pillsbury Company of
608 Second Avenue South Minnea-
polis, Minnesota have applied for
registration in Antigua of United
Kingdom Patent No. 920.261 dated
the Ist day of September 1959, and
issned on the 26th day of June 1964,
and have filed at the Registrar’s
Office at the Court House, St. John’s
Antigua, a complete copy of the
specification and the Certificate of the
Comptroller General of the United
Kingdom Patent giving full particulars
of this Patent which will be open to
public inspection at the said office at
any time between the hours of 9.00
a.m. and 3,30 p.m. on working days
except Saturdays when the hours will
be from 9.00 4.m. to 12.00 noon.

Any person may within two months
from the aate of this advertisement
give notice to the Registrar of opposi-
tion to the issue of a Certificate of
registration upon any of the grounds
prescribed in Section 10 of the Patents
Act, 1906 for opposition to the grant
of Letters Patent.

Dated the 26th day of March, 1964.

O. W. Jack,
Registrar of Patents.

Registrar's Office,
Court House,
St. John’s, Antigua.



RAINFALL FIGURES
Agricultural Department,

Antigua,
Month. 1960 196) 1962 1963 1964
January 3884 2.16 6.77 462 299
Februarv 5.09 2.31 0.92 1,12 0.79
March 28th 8.18 1.84 O81 0.52 121
Apri) 1th 0.44 0.53 1.42 085 1.45
12.55 6.84 9.92 7.11 6.63





[April 16, 1964.

TRADE MARKS OFFICE,
VORTOLA, BRITISH VIRGIN ISLANDS, |
23rd January, 1964.

THE COCA-COLA COMPANY of
515 Madison Avenue, City and State
of New York, United States of
America, has applied for Registration
of one Trade Mark consisting of the
following:—



in Class 44 that is to say, all goods
included in Class 44.

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
appearance of this Advertisement in
the Antigua, Montserrat & Virgin
Islands Gazetie, give notice in dupli-
cate at the Trade Marks Office,
Tortola, British Virgin Islands, of
opposition to registration of the said
Trade Mark.

J. D. B. RENWICK,
Registrar of Trade Marka.

TRADE MARKS OFFICE,
MONTSERRAT 20th March, 1964.

ST. REGIS 'TOKACCO CORPO-
RATIO LIMITED of Staedtle 380,
Vaduz, Liechtenstein, haveapplied for
Registration of one Trade Mark
consisting of the following:—

GOLD BAND

in Class 45 that is to say Tobacco
whether manufactured cf unmanu-
factured.

The Applicants claim that they
have not used the said Trade Mark
in respect of the said goods in
Montserrat before the date of their
said Application.

Any person may within three
months from the date of the first
appearance of th's Advertisement in
the Antiqua. Muoniserrat, & Virgin
Islands Gazetie, give notice in dupli-
cate at the Trade Marks Office,
Montserrat, of opposition of tne said
Trade Mark.

BEN W. PRESCOD,
Registrar of Trade Marks.



April 16, 1964, ]

TRADE MARKS OFFICE,
ANTIGUA 8th April, 1964.

TEXACO INC. of 135 Kast 42nd
Street, City and State of New York,
U.S.A. have applied for Registration
of one Trade Mark consisting of the
following :—

SEA CHIEF

in Class 47, that is to say, illuminating,
heating and lubricating oils and
greases; liquid and gaseous fuels;
gasoline, keresene, benzine, naphtha;
hydranlic transmission oils.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for one year
before the «late of their said Applica-
tion.

Any person may within three
months from the date of the first
appearance 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 LOth April, 1964.

PEPSI-COLA COMPANY of 500
Park Avenue, New York, State of
New York, U.S.A. have applied for
Registration of one Trade Mark con-
sisting of the following:—



in Olass 44, that is to say, mineral
waters, non-alcoholic beverages; and
syrups, concentrates and essences for
the preparation of the aforementioned
waters and beverages

The Applicants claim that they have
used the said Trade Mark in respect
of the gaid goods since 2nd October,
1945 before the date of their said Ap-
plication.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antiqua, Montserrat & Virgin
Islands Gazette give notice in dupli-
cate at the Trade Marks Office Anti-
gua. of opposition to registration of
the said Trade Mark.

O. W. JACK
Registrar of Trade Marks.

THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE.

TRADE MARKS OFFICE,
ANTIGUA, 31st March, 1964.

AMERICAN-CIGARETTE COM-
PANY (OVERSEAS) LIMITED of
Staeutle 380, Vacluz, Liechtenstein
have applied for Registration of one
Trade Mark consisting of the follow-
ing:—



in Class 45, that is te say, tobacco
whether manufactured or unmanufac-
tured.

The Applicants claim that they have
not used the Trade Mark in respect of
the said goods before the date of their
said Application.

Aly person may within three
months from the date of the first ap-
pearance of this Advertisement in 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, 19th March, 1964.

ST. REGIS TOBACCO CORPORA-
TION LIMITED of Staedtle 380,
Vaduz, Liechtenstein have applied for
Registration of one Trade Mark
consisting of the following:—.

GOLD BAND

in Class 45 that is to say, all goods in-
cluded in Class 4%

The Applicants claimed that they
have not used the said Trade Mark in
respect of the said goods before the
date of thsir said Application.

Any person may within three
months from the date of the first ap-
pearance of this Advertisement in 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.

95

TRADE MARKS OFFICE,
TORTOLA, BRITISH VIRGIN ISLANDS,
23rd January, 1964.

SPIDEL CORPORATION of 70
Ship Street, in the City of Provi-
dence, State of Rhode Island, United
States of America, has applied for
Registration of one Trade Mark con-
sisting of the following:—

TWISTON

in Oless 14, that is to say, Expansion
bracelets including watch bracelets.

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
Islands Gazette, give notice in dupli-
cate at the ‘l'rade Marks Office,
Tortola, British Virgin Islands, of
oppusition to registration of the said
Trade Mark.

J.D. B. RENWICK.
Registrar of Trade Marks.

TRADK MARKS OFFICE,
TORTOLA, BRITISH VIRGIN ISLANDS,
27th January, 1964.

CARRERAS LIMITED, of Chris-
topher Martin Road, Basildon, Essex
England, have applied for Registra-
tion of one Trade Mark consisting of
the following:—

STRATHMORE

in Class 45, that is to say, all goods
included in Class 45.

The Applicants claim that they
have not used the said Trade Mark in
respect of the said goous 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 & Virgin
Islands Gazette, give notice in dupli-
cate at the Trade Marks Office,
Tortola, British Virgin Islands, of
opposition to registration of the said
Trade Mark.

J. D. B. RENWICK.
Registrar of Trade Marks.





NOTICE TO IMPORTERS
Goods which have not been re-
moved from the Queen’s Warehouse
within three months will be sold by
Public Anction .at the Warehouse,
High Street on Thursday 30:h April,
1964, at 2.30 p.m.

Importers who have passed war-
rants on any of the items listed for
sale are asked to remove them before
the day of the sale.

Copies of the list of goods for sale
can be seen at the Queen’s Warehouse,
the Bonded Warehouse at the Point
and the Customs Building.

FARL O. PESTAINA,
Collector of Customs.
10/4/64



96 THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE. [ April 16, 1964

TRADE MARKS OFFICE,
TORTOLA, BRITISH VIRGIN ISLANDS,
23rd January, 1964.

ST. KITTS BREWERIES LIMITED of Marshali House, West Square Street, Basseterre St. Kitts have applied for
Registration of two Trade Marks consisting of the following:—

GIANT





in Classes 43 and 44, that is to say, Beer, Ale, Porter, and malt beverage; mineral and aerated waters and other non-
alcoholic drinks; syrups and other preparations for making beverages

The Applicants claim that they are lawfnlly entitled to the use of the said Trade Marks

Any person may within three months from the date of the first appearance of this Advertisement in the Antigua,
Montserrat, and Virgin Isldnds Gazatte, give notice in duplicate at the Trade Marks Office, Tortola, British Virgin
Islands, of opposition to registration of the said Trade Marks.

J. D. B. RENWICK.
Registrar of Trade Marks.





TRADE MARKS OFFICE,
TORTOLA, BRITISH VIRGIN ISLANDS,
23rd January, 1964.

ROTHMANS of PALL MALL EXPORT LIMITED of 65, Pall Mall, London, S, W.I., England have applied for
Registration of one Trade Mark consisting of the following:—

PALL MALL &@?



in Class 21 that is to say, all goods included in Class 21

Ths Applicants claimed that there has been no use of the said Trade Mark in respect of the said goods in the
Virgin Islands prior to 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 & Virgin Islands Gazette, give notice in duplicate at the Trade Marks Office, Tortola, British Virgin
Islands, of opposition to registration of the said ‘Trade Mark.

J. B. D. RENWICK,
Registrar of Trade Marks.



April 16,1964] THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE. 97

oat a TRADE MARKS OFFICE,
soe TORTOLA, BRITISH VIRGIN ISLANDS,
23rd January, 1964.

SULLANA A. G. of Sihlquai 266/268, Zurich 5 Switzerland has applied for Registration of one Trade Mark con-
sisting of the following:—





in Class 45, that is to say, Cigarettes, tobacco and cigars

The Applicants claim that there has been no use of the said Trade Mark in respeot of tho said goods in the Virgin
islands prior to the date of their said Application

Any person may within three months from the date of the first appearance of this Advertisement in the Anitgua,
Montserrat, & Virgin Islands Gazette, give notica in duplicate at the Trade Marks Office, Tortola, Britifh Virgin
Islands, of opposition to registration of the said Trade Mark.

J. D. B. RENWICK,
Registrar of Trade Marks.



Notice to Importers.



In accordance with the Trade and Revenue Ordinance 1900, as amended deposits which remain unclaimed
after a period of three moriths shall be paid into General Revenue as duty payable on goods for which deposit is
‘made. Pee ey ;

The following deposits if not claimed by 30th April, 1964, shall be transferred to Revenue:—

Date. Importer. Article. Amount,
1964

Jan. 2 Geo. W. Bennett Bryson & Co. Ltd 12 drums confectionery 579.00
S. R. Mendes, Ltd. 20 ctns motor oil 35.00
3 Jos. Dew & Son, Ltd. 30 ctns canned meats 200.00
6 Geo. W. B. Bryson & Co. Ltd. 1 ctn uniforms 23.00
7 do. Auto parts 66.00
Caribbean Beach Club 1 auto transformer 43.00
do. 1 ctn. airwing 265.00
do. 1 ctn. regulators 13.00
11 The Antigua Diary Co. 1 cs. dairy equipment 500.00
13 Antigua Beach Hotel 1 ctn. printing apparatus 70.00
Windward & Leeward Agencies 1 pkg. samples 25.00
14 Caribbean Beach Club 1 ctn. mdse. 114.00
do. 1 em. tennis unit 120.00
do. 23 ctns nsh trays 164.00
15 do. 24 ctns chinaware 214.00

17 Mahomed Ishmuel 1 motor car 298.00 .
22 Caribbean Beach Club 32 cins chinaware 226.00
do. 2 ctns machines 157.00
23 Geo. W. B Bryson & Co. 8 drums linseed oil 100.00
25 Antigua Ice & Cold Ntorage 3 pkgs. refrig. parts 66.00
28 Peter J. Deeth 1 pkg. diesel engine parts 70,00
J.C. R. Hood 3 pkgs. wire brackets 119 00
29 ~=Barreto’s Store 1 ctn hard ware 43.00
31 Caribbean Beach Club 21 ctns hotel supplies 278.00
$3788.00

Kk. O. A. PESTIANA,
Collector of Custom.



98 THE ANTIGUA, MONTSERRRT & VIRGIN ISLANDS GAZETTE [April 16, 1964.

SratmmentT oF Currency Notes anp Corn In Circulation IN THE British CARIBBEAN
Territories (Eastern Group) on Isr Marcu, 1964.

















Notes. Coins.

Average circulation during Jannary, 1964:— $ $

British Caribbean Currency 105,479,207. . 5,405,143

Demonetised Govt. notes 963,492

$106,442,699 $5,405,143

British Caribbean Notes & Coins in

circulation on lst March, 1964:—

Trinidad & Tobago 40,369,501 2,480,371

Barbados 5,899,425 812,875

British Guiana 37,800,980 1,124,077

Grenada 5,543,100 213,800

St. Vincent 967,300 121,825

St. Lucia 1,503,253 150,200

Dominica 2,490,400 125,650

Antigua 5,700,800 202,300

St. Kitts 113,900 145,475

Montserrat 261,900 26,700

“ Proof sets of Coins” — 1,870
Total British Caribbean notes & coins in circulation —_—_———— —

on Ist March, 1964 $100,650,559 $5,405,143
Demonetised Govt. notes outstanding on 1st March, 1964:—

Trinidad & Tobago $664,813

British Guiana 231,780

Barbados 62,901
Total demonetised Govt. notes outstanding 959,494 _—
Total circulation on 1st March, 1964 $101,610,053 $5,405,143





Asa result of the enactment of Exchange Oontrol legislation in British Guiana, movements of currency notes by travellers from
that Territory to other Territories participating in the Ourrency Agreement appear to have become abnormal. since 1962 and
the circulation in some Territories, on the busis of issues less withdrawals, adjusted to take account of Bunk transfers, has in
consequence become unreulistic and in fact misleading.

W. B. Brown,

British Caribbean Currency Board, Executive Commissioner,

Treasury Bulding, British Caribbean Currency Board.
Port of Spiain, Trinidad, W.1.

Printed at the Government Printing Office, Antigua, Leeward Islands.
By Ronext Linpsay, Government Printer.—By Authority.
1964.

‘Frice $1.10)



STATUTORY INSTRUMENTS







\ 1963 No. 1681
MERCHANT SHIPPING

The Merchant Shipping (Registration of Colonial
Government Ships) Order 1963

Made see 27th September 1963
Laid before Parliament see 3rd October 1963
Coming into Operation —s._ dth October 1963
At the Court at Balmoral, the 27th day of September 1963
‘ Prosent,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exeroise of the powers vested in Her by section 80 of the Merchant
Shipping Act 1906(a) and of all other powers enabling Her in that behalf, is
pleased, by and with the advice of Her Privy Council; to order, and it is hereby
ordered, as follows:—

Citation and commencement

1. This Order may be cited as the Merchant Shipping (Registration of
Colonial Government Ships) Order 1963 and shall come into operation on 5th
October 1963.

Interpretation

2.—(1) In this Order, unless the context otherwise requires, the expression—
“Government” means one of the Governments specified in the first
column of Schedule 1 to this Order;

“authorised officer” in relation to a Government means (subject to sub-
section (2) of this section) the officer specified in the second column of Schedule 1
to this Order opposite to the name of the Government;

“principal Act”? means the Merchant Shipping Act 1894(p).

(2) Unless the context otherwise requires, anything required or authorised by
this Order—

(a) to be done by a Government may be done by the authorised officer;

(b) to be done by an authorised officer may be done either by an officer
nominated by the authorised officer or by one of the Crown Agents for
Oversea Governinents and Administrations.

(3) The Interpretation Aot 1889(c) shall have effect for the interpretation of
and otherwise in relation to this Order as it has effect for the interpretation of and
otherwise in relation to an Act of Parliament of the United Kingdom.

(a) 6 Edw, 7, c. 48, (b) 57 & 58 Vict. o. 60, (c) 52 & 53 Vict. o 63,



Form of application for registry

3. An application for the registry of a Government ship in the service ofa
Government shall—

(@) contain a statement of the following particulars—
(i) the name and description of the ship;
(ii) the me when and the place where the ship was built or if the
‘ship was foreign built a statement to that effect, and of the
foreign name of the ship;

(iii) the nature of the title to the ship, whether by original construc-
tion by or for the authority or by purchase, capture, condemnation
or otherwise, and where the ship was not originally constructed
by or for the Government, a list of the documents of title;

(iv) the name of the master;

(b) be made by an authorised officer.

Procedure by Registrar

4. The Registrar on receiving an application for registry of a Government
ship in the service of a Government shall—

(a) register the ship by entering in the Register Book—

(i) the name of the ship as belonging to Her Majesty represented by
the Government or, as the cage may be, as held by the Govern-
ment on behalf of or for the benefit of the Crown;

(ii) the port to which the ship belongs;

(iii) the particulars stated in the application for registry; and

(iv) the particulars set forth in the Surveyor’s certificate; and

(4) retain in his possession the application for registry, any documents of
title therein referred to and the Surveyor’s certificate. :

«

Transfer of registered ships

5. Upon the transfer by bill of sale of a registered Government ship i in the
service of a Government—

(a) the Government shall be the transferor;
(b) the bill of sale shall—

(i) be in the Form A in Schedule 1 to the principal Act, with the
omission of the covenant prescribed in that Form;
(ii) be signed by the authorised officer on behalf of the transferor.

Certificate of Sale

6. An application in respect of a registered Government ship in the service

of a Government for sucli a certificate of sale as is referred to in sections 39 to 42

and 44 to 46 of the principal Act may be nade by the authorised officer of me
Government.

Registration of ship’s manager

9. The person to whom the sanagement of a registered Government ship
in the service.of a Government is entrusted by ths Government shall be registered
in accordance with section 59(2) of the principal Act.



Application of Merchant Shippiny Acts

8. Section 1 and sections 8 to 12 inclusive of the principal Act and sections
3 and 0 of the Merchant Shipping (Mercantile Marine Fund) Act 1898(a) shall
not apply in relation to Government ships:

Provided that no provision of the Merchant Shipping Acts 1894 to 1960 which
according to a reasonable construction would not apply in relation to Government
ships in the service of a Government shall be deemed to apply in relation to such
ships by reason only that its application. is not hereby expressly excluded.

Revocations

9. The Orders in Council set forth in Schedule 2 to this Order are revoked.

W. G. Agnew.
SCHEDULE 1 Section 2
(1) (2)
Authorised Officer
The Government of Aden woe oes wee The High Commissioner
The Government of Antigua eee eee wee The Administrator
The Government of Barbados... toe oes The Permanent Secretary,

Ministry of Communica-
tion, Works and Housing

The Government of the Colony of the Falkland Islands The Colonial Secretary

The Government of Fiji we wee eos The Colonial Seoretary
The Government of Hong Kong ... we wes The Colonial Secretary
The Government of Mauritius ... wee vee The Chief Secretary

The Government of Saint Christopher Nevis The Administrator

and Anguilla

The Government of Seychelles ... vee soo The Colonial Seoretary
The Government of the Virgin Islands - The Administrator
SCHEDULE 2 Section 9

ORDERS IN COUNCIL REVOKED

The Order in Council made 25th June 1925 making regulations as to the
Registration of Vessels in the Service of the Government of the Falkland
Islands(b).

The Order in Council made 4th November 1938 making regulations as to
Registration as British Ships of Vessels in the Service of the Government of
Fiji(c)



(a) 61 & 62 Vict. o, 44, (b) S.B. & O. 1926/604 (Rev. XIV, p 74: 1925, p. 1082),
(ce) S.R. & O. 1988/1331 (Rev, XIV, p, 76: 1938 LI, p. 2054),



4

EXPLANATORY NOTE

(This Note is not part of the Order, but is intended to indicate
its general purport.)

This Order makes provision under section 80 of the Merchant Shipping Act
1906 for the purpose of the registration as British ships of ships belonging to or
operated by the Governments of certain overseas territories.

Printed at the Government Printing Office, Antigua, Leeward Islands,
by Rosert Linpsay, Government Printer.—By .\uthority .
1964,
420—4.64. [Price 11 cts.]



No. 11 of 1961. Limitation, MONTSERRAT.

[L.S.]
I Assent,
H. BurroweEs,
Acting Administrator,
31st August, 1961

MONTSERRAT.
No. 11 of 1961.

An Ordinance relating to the limitation of actions
and Arbitrations.
| 31st August 1961.] Commence-

ment.
BE IT ENACTED by the Queen’s Most
Excellent Majesty, by and with the advice and con-
sent of the Legislative Council of Montserrat, and
by the authority of the same as follows:—

PART I
PRELIMINARY.

1. This Ordinance may be cited as the Limi- short Title
tation Ordinance, 1961. co

2. (1) In this Ordinance, unless the context Interpreta-
otherwise requires, the following expressions have
the meanings hereby respectively assigned to them:—

‘* Action” includes any proceeding in a court
of law;

“Duty ” includes any debt due to Her Majesty;

‘‘ Foreshore’ means the shore and bed of the
sea and of any tidal water, below the line
of the medium high tide between the
spring tides and the neap tides;



MonrsERrRatT,

Cap. 8.

Oap. 98

Cap, 34

2 Limitation. No. 11 of 1961.

‘‘ Land” includes corporeal hereditaments, and
rentcharges, and any legal or equitable
estate or interest therein, including an
intérest in the proceeds of the sale of land
held upon trust for sale, but save as
aforesaid does not include any incorporeal
hereditament;

“Parent” has the same meaning as in the
Fatal Accidents Act;

‘Personal Kstate” and “personal property ”’
do not include chattels real;

“Rent” includes a rentcharge and a rentser-
vice;

‘‘ Rentcharge”” means any annuity or periodi-
cal sum of money charged upon or pay-
able out of land, or a rent service or
interest on a mortgage on land;

“Settled land” and “tenant for life’ have
the same meaning respectively as in the
Settled Estates Act;

“Ship ” includes every description of vessel
used in navigation not propelled by oars;

“ Trust’ and ‘trustee’ have the same mean-
ings respectively as in the Trustee Ordi-
nance, 1961;

“‘ Trust for sale” has the sume meaning as in
the Trustee Ordinance, 1961.

(2) For the purposes of this Ordinance, a
person shall be deemed to. be under a disability
while he is an infant, or of unsound mind, ora
convict subject to the operation of the Forfeiture
Act, in whose case no Administrator or curator has
been appointed under that Act.

(3) For the purposes of the last foregoing
subsection but without prejudice to the generality
thereof, « person shall be conclusively presumed to
be of unsound mind while he is detained in pur-
suance of any enactment authorising the detention

of persons of unsound mind or criminal lunatics.



No. 11 of 1961. Limitation. 3 Montserrat.

(4) A person shall be deemed to claim through
another person, if he became entitled by, through,
under, or by the act of that other person to the
the right claimed, and any person whose estate or
interest might have been barred by a person entitled
to un entailed interest in possession shall be deemed
to claim through the person so entitled:

Provided that a person becoming entitled to
any estate or interest by virtue of a special power
of appointment shall not be deemed to claim
through the appointor.

(5) References in this Ordinance to a right of
action to recover land shall include references to a
right to enter into possession of the land’ or, in the
case of rentcharges, to distrain for arrears of rent,
and references to the bringing of such an action
shall include references to the making of such an
entry or distress.

(6) References in this Ordinance to the pos-
session of land shall, in the case of rentcharges, be
construed as references to the receipt of the rent,
and references to the date of dispossession or dis-
continuance of possession of land shall be construed
as references to the date of the last receipt of rent.

(7) In Part II of this Ordinance references to
a right of action shall include references to a cause
of action and to a right to receive money secured by
a mortgage or charge on any property or to recover
proceeds of the sale of land, and to a right to
recover proceeds of the sale of land, and toa right
to receive a share or interest in the personal estate
of a deceased person; and references to the date of
the accrual of a right of action shall—

(a) in the case of an action for an account,
he construed as references to the date on which
the matter arose in respect of which an account
is claimed ;

(b) in the case of an action upon a judg-
ment, be construed as references to the date on
which the judgment became enforceable;



MonrsmRRAtT,

Part II to be
subject to
provisions of
Part III
relating to
disability,
acknowledg-
ment, fraud,
etc.

Limitation of
actions of
contract and
tort, and cer-
tain other
actions.

4 ‘Limitation. No. 11 of 1961.

(c) in the case of an action to recover
arrears of rent, dower or interest, or damages
in respect thereof, be construed as references
to the date on which the rent, dower or inter-
est became due.

PART II

Period of Limitation for different Classes
of action.

3. The provisions of this Part of this Ordi-
nance shill have effect subject to the provisions of
Part ILI of this Ordinance which provide for the
extension of the periods of limitation in the case of
of disability, acknowledgment, part payment, fraud
and mistake.

ACTIONS OF CONTRACT AND TORT AND
CERTAIN OTHER ACTIONS.

4. (1) The following actions shall not be
brought after the expiration of six years from the
date on which the cause of action accrued, that is
to say:—

(a) actions founded on simple contract or
on tort;

(6) actions to enforce a recognisance;

(c) actions to enforce an award, where
the submission is not by an instrument under
seal;

(d) actions to recover any sum _ recover-
able by virtue of any enactment, other than a
penalty or forfeiture or snm by way of penalty
or forfeiture.

(2) an action for an account shall not be
brought in respect of any matter which arose more
than six years before the commencement of the
action.

(3) An action upon a specialty shall not be
brought after the expiration of twelve years from

the date on which the cause of action accrued:



No. 11 of 1961. Limitation. 5

Provided that this subsection shall not affect
any action for which a shorter period of limitation
is prescribed by any other provision of this Ordi-
nance.

(4) Any action shall not be brought upon any
judgment after the expiration of twelve years from
the date on which the judgment became enforceable,
and no arrears of interest in respect of any judg-
ment debt shall be recovered after the expiration of
six years from the date on which the interest
became due.

(5) An action to recover any penalty or
forfeiture, or sum by way of penalty or forfeiture,
recoverable by virtue of any enactment shall not be
brought after the expiration of two years from the
date on which the cause of action accrued:

Provided that the purposes of this subsection
the expression “penalty ” shall not include a fine
to which any person is liable on conviction of a
criminal offence.

(6) Subsection (1) shall apply to an action to
recover seamen’s wages, but save as aforesaid this
section shall not apply to any cause of action
within the Admiralty jurisdiction of the Supreme
Court which is enforceable in rem.

(7) This section shall not apply to any claim
for specific performance of a contract or for an
injunction or for other equitable relief, except in so
far as any provision thereof may be applied by the
Court by analogy in like manner as the correspond-
ing enactment repealed by this Ordinance has
heretofore been applied.

5. (1) Where any cause of action in respect
of the conversion of wrongful detention of a chattel
has accrued to any person and, before he recovers
possession of the chattel, a further conversion or
wrongful detention takes place, no action shall] be
brought in respect of the further conversion or
detention after the expiration of six years from
the accrual of the cause of action in respect of the
original conversion on detention.

Monrsmprat.

Limitation
in ca e of
successive
conversions
and extinc-
tion of title
of owner of
converted
goods,



Monrserrat.

Limitation
of actions to
recover land.

6 Limitation. No. 11 of 1961.

(2) Where any such cause of action has
accrued to any person and the period prescribed for
bringing that action and for bringing any action in
respect of such a further conversion or wrongful
detention as aforesaid has expired and he has not
during that period recovered possession of the
chattel, the title of that person to the chattel shall
be extinguished. |

ACTIONS TO RECOVER LAND AND RENT.

6. (1) No action shall be brought by the
Crown to recover any land after the expiration of
thirty years from the date on which the right of
action accrued to the Crown or, it it first accrued to
some person through whom the Crown claims, to
that person:

Provided that an action to recover foreshore
may be brought by the Crown at any time before
the expiration or sixty years from the said date,
and where any right of action to recover land,
which has ceased to be foreshore but remains in the
ownership of the Crown, accrued when the land
was foreshore, the action may be bronght at any
time before the expiration of sixty years from the
date of the accrual of the right of action, or of
thirty years from the date when the land ceased to
be foreshore, whichever period first expires.

(2) No action shall be brought by any spiri-
tual or eleemosynary corporation sole to recover
any land after the expiration of thirty years from
the date on which the right of action accrued to
the corporation sole or, if it first accrued to some
person through whom the corporation sole claims,
to that person.

(3) No action shall be brought by any other
person to recover any land after the expiration of
twelve years from the date on which the right of
action accrued to him or, if it first accrued to some
person through whorn he claims, to that person :

Provided that, if the right of action first
acerned to the Crown or a spiritual or eleemosy-
nary corporation sole through whom the person
bringing the action claims, the action may be



No, 11 of 1961. Limitation. 7

brought at any time before the expiration of the
period during which the action could have been
brought by the Crown or the corporation sole, or
of twelve years from the date on which the right
of action accrued to some person other than the
Crown or the corporation sole, whichever period
first expires.

7. (1) Where the person bringing an action
to recover land, cr some person through whom he
claims, has been in possession thereof and has
while entitled thereto been dispossessed or discon-
tinued his possession, the right of action shall be
deemed to have accrued on the date of the dis-
possession or discontinuance.

(2) Where any person brings an action to
recover any land of a deceased person, whether
under a will or on intestacy, and the deceased
person was on the date of his death in possession
of the land or, in the case of a rent-charge created
by will or taking effect upon his death. in posses-
sion of the land charged, and was the last person
entitled to the land to be in possession thereof, the
right of action shall be deemed to have accrued on
the date of his death.

+ (3) Where any person brings an action to
recover lund, being an estate or interest in posses-
sion assured otherwise than by will to him, or to
some person through whom he claims, by a person
who, at the date when the assurance took effect,
was in possession of the land or, in the case of a
rentcharge created by the assurance in possession
of the land: charged, and no person has been in
possession of the land by virtue of the assurance,
the right of action shall be deemed to have accrued
on the date when the assurance took effect.

8. (1) Subject as hereafter in this section
provided, the right of action to recover any land
shall, in a case where the estute or interest claimed
was an estate or interest in reversion or remainder
or any other future estate or interest and no
person has taken possession of the land by. virtue
of the estate or interest claimed, be deemed to have
accrued on the date on which the estate or interest
fell into possession by the determination of the
preceding estate or interest.

MontTs#RRAT.

Accrual of
right of
action in case
of present
interest in
land,

Accrual of
right of
action in case
of future
interests.



Monrsrnrat,

8 Limitation. No. 11 of 1961.

(2) If the person entitled to the preceding
estate or interest, was not in possession of the
land on the date of the determination thereof, no
action shall be brought by the person entitled to
the succeeding estate or interest after the expira-
tion of twelve years from the date on which the
the right of action accrued to the person entitled
to the preceding estate or interest, or six years
from the date on which the right of action accrued
to the person entitled to the succeeding estate or
interest, whichever period lust expires :

Provided that, where the Crown or a spiritual
or eleemosynary corporation sole is entitled to the
succeeding estate or interest, the foregoing provi-
sions of this subsection shall have effect with the
substitution for the reference to twelve years of a
reference to thirty years, and for the reference to
six years of a reference to twelve years.

(3) The foregoing provisions of this section
shall not apply to any estate or interest which falls
into possession on the determination of an entailed
interest and which might have been barred by the
person entitled to the entailed interest.

(4) No person shall bring an action to
recover any estate or interest in land under an
assurance taking effect after the right of action to
recover the land had accrued to the person by
whom the assurance was made or some person
throngh whom he claimed or some persou through
whom he claimed or some person entitled to a
preceding state or interest, unless the action is
brought within the period during which the person
by whom the assurance was made could have
brought such an action.

(5) Where any person is entitled to any
estate or interest in land in possession and, while
so entitled, is also entitled to any future estate or
interest in that land, and his right to recover the
estate or interest in possession is barred under this
Ordinance, no action shall be brought by that
person, or by any person claiming through him, in
respect of the future estate or intcrest, unless in the
meantime possession of the land has been recovered
by a person entitled to an intermediate estate or
interest.



No. 11 of 1961. Limitation. 9

Q. (1) Subject to the provisions of sub-
section (1) of section 19, the provisions of this
Ordinance shall apply to equitable interests in
land, including interests in the proceeds of the sale
of land held upon trust for sale, in like manner as
they apply to legal estates, and accordingly a right
of action to recover the land shall, for the purposes
of this Ordinance but not otherwise, be deemed to
accrue to a person entitled in possession to such an
equitable interest in the like manner and circum-
stances and on the same date as it would accrue if
his interest were a legal estate in the land.

(2) Where the period prescribed by this
Ordinance has expired for the bringing of an
action to recover land by a tenant for life of settled
land, his legal estate shall not be extinguished, if
and so long as the right of action to recover the
land of any person entitled to a beneficial interest
in the land either hes not accrued or has not been
barred by this Ordinance, and the legal estate shall
accordingly remain vested in the tenant for life and
shall devolve in accordance with the Settled
Estates Act; but if and when every such right of
action as aforesaid has been barred by this Ordi-
nance, the suid legal estate shall be extinguished.

(3) Where any land is held upon trust in-
cluding a trust for sale, and the period prescribed
by this Ordinance has expired for the bringing of
an action to recover the land by the trustees, the
estate of the trustees shall not be extinguished if
and so long as the right of action to recover the
land of any person entitled to a beneficial interest
in the land or in the proceeds of sale either has
not accrued or has not been barred by this Ordi-
nance, but if and when every such right of action
has been so barred, the estate of the trustees shall
be extinguished.

(4) Where any land is held upon trust,
including a trust for sale, an action to recover the
land may be brought by the trustees on behalf of
any person entitled to a beneficial interest in
possession in the land or in the proceeds of sale

MONTSERRAT.

Provisions in
case of settled
land and land
held on trust.



Monrexerat.

Accrual of
right of
aetion in case
forfeiture of
or breach of
condition,

Accrual of
right of
action in case

of certain ten-

uncies,

10 Limitation. No. 11 of 1961.

whose right of action has not been barred by this
Ordinance, notwithstanding that the right
of action of the trustees would apart from this
provision have been barred by this Ordinance.

(5) Where any settled land or any land held
on trust for sale is in the possession of a person
entitled to a beneficial interest in the land or in the
proceeds of sale, not being a person solely and
absolutely entitled thereto, no right of action to
recover the land shall be deemed for the purposes
of this Ordinance to accrue during such possession
to any person in whom the land is vested as tenant
for life, or trustee, or to any other person entitled
to a beneficial interest in the land or the proceeds
of sale.

10. A right of action to recover land by
virtue of a forfeiture or breach of condition shall
be deemed to have accrued on the date on which
the forfeiture was incurred or the condition
broken:

Provided that, if such a right has accrued to a
person entitled to an estate or interest in reversion
or remainder and the land was not recovered by
virtue thereof, the right of action to recover the
land shall not be deemed to Have accrued to that
person until his estate or interest fell into posses-
sion, as if no such forfeiture or breach of condition
had occurred.

11. (1) A tenancy at will shall, for the
purposes of this Ordinance, be deemed to be deter-
mined at the expiration of a period of one year
from the commencement thereof, unless it has
previously been determined, and accordingly the
right of action of the person entitled to the land
subject to the tenancy shall be deemed to have
accrued on the date of such determination.

(2) A tenancy from year to year or other
period, without a leuse in writing, shall, for the
purposes of this ordinance, be deemed to be
determined at the expiration of the first year or
other period, and accordingly the right of action of
the person entitled to the land subject to the
tenancy shall be deemed to have accrued at the
date of such determination:



No. 11 of 1961. Limitation. 11 Monrszezar.

Provided that, where any rent has sub-
sequently been received in respect of the tenancy,
the right of action shall be deemed to have accrued
on the date of the last receipt of rent.

(3) Where any person is in possession of
land by virtue of a lease in writing by which a
rent of not less than five dollars is reserved, and
the rent is received by some person wrongfully
claiming to be entitled to the land in reversion
immediately expectant on the determination of the
lease, and no rent is subsequently received by the
person rightfully so entitled, the right of action of
the last-named person to recover the land shall be
deemed to have accrued at the date when the rent
was first received by the person wrongfully claim-

ing ss aforesaid and not at the date of the

determination of the lease.

(4) Subsections (1) and (3) shall not apply to
any tenancy at will or lease granted by the Crown.

12. (1) No right of action to recover land
shall be deemed to accrue unless the land is in
the possession of some person in whose favour the
period of limitation can run (hereafter in this
section referred to as “adverse possession ”’)
and where under the foregoing provisions of this
Ordinance any such right of action is deemed to
accure on a certain date and no person is in adverse
possession on that date, the right of action shall not
be deemed to accrue unless and until adverse posses-
sion is taken of the land.

(2) Where a right of action to recover land

Right of
action not
to accrue or
continue un-
less there is
adverse pos-
session.

has accrued and thereafter, before the right is _

barred, the land ceases to be in adverse possession,
the right of action shall no longer be deemed to have
accrued and no fresh right of action shall be deemed
to accrue unless and until the land is again taken
into adverse possession.

(3) For the purposes of this section—
(a) possession of any land subject to a

rent charge by a person (other than the person
entitled to the rent charge) who does not pay
the rent shall be deemed to be adverse
possession of the rent charge; and



Montserrat,

Cure of
defective
disentailing
assurance,

Limitation
of redemption
actions.

No right of
aotion to be
preserved by
formal entry
or continual
olaim,

Administra-
tion to date

bavk to death,

12 Limstation. No. 11 of 1961.

(b) receipt of rent under a lease by a
person wrongfully claiming, in accordance
with subsection (3) of the last foregoing
section, the land in reversion shall be deemed
to be adverse possession of the land.

18. Where a person entitled in remainder to
an entailed interest in any land has made an
assurance thereof which fails to bar the issue in
tail or the estates and interests taking effeot on the
determination of the entailed interest, or fails to
bar the last-mentioned estates and interests only,
und any person takes possession of the land by
virtue of the assurance, and that person or any
other person whatsoever (other than a person
entitled to possession by virtue of the settlement)
is in possession of the land for a period of tivelve
years from the commencement of the time at which
the assurance, if it had then been executed by the
person entitled to the entailed interest, would have
operated, without the consent of any other person,
to bar the issue in tail and such estates and interests
as aforesaid, then, at the expiration of that period,
the assurance shall operate, and be deemed always
to have operated, to bar the issue in tail and those
estates and interests.

14. Whena mortgagee of land has been in
possession of any of the mortgaged land for a
period of twelve years, no action to redeem the land
of which the mortgagee has been so in possession
shall thereafter be brought by the mortgagor or any
person claiming through him.

15. For the purpose of this Ordinance, no
person shall be deemed to have been in possession
of any land by reason only of having made a formal
entry thereon, and no continual or other claim upon
or near any land shall preserve any right of action
to recover the land.

16. For the purposes of the provisions of
this Ordinance relating to actions for the recovery
of land, an administrator of the estate of a deceased
person shall be deemed to cluim as if there had been
no interval of time between the death of the deceased

_ person and the grant of the letters of administration.



No. 11 of 1961. Limitation. 13

17. No action shall be brought, or distress
made, to recover arrears of rent, or damages in
respect thereof, after the expiration of six years
from the date on which the arrears became due.

ACTIONS TO RECOVER MONEY SECURED BY A
MORTGAGE OR CHARGE OR TO RECOVER
PROCEEDS OF THE SALE OF LAND.

18. (1) No action shall be brought to recover
any principal sum of money secured by a mortgage
or other charge on property, whether real or
personal, or to recover proceeds of the sale of land,
after the expiration of twelve years from the date
when the right to receive the money accrued.

(2) No foreclosure action in respect of mort-
gaged personal property shall be brought after the

expiration of twelve years from the date on which

the right to foreclose accrued:

Provided that if, after that date the mortgagee
was in possession of the mortgaged property, the
right to foreclose on the property which was in his
possession shall not, for the purposes of this sub-
section, be deemed to have accrued until the date
on which his possession discontinued :

(3) The right to receive any principal sum of
money secured by a mortgage or other charge and
the right to foreclose on the property subject to the
mortgage or charge shall not be deemed to accrue
so long as that property comprises any future
interest or any life insurance policy which has not
matured or been determined.

(4) Nothing in this section shall apply to
foreclosure action in respect of mortgaged land, but
the provisions of this Ordinance relating to actions
to recover land shall apply to such an action. |

(5) No action to recover arrears of interest
payable in respect of any sum of money assured by
a mortgage or other’charge or payable in respect of
proceeds of the sale of land, or to recover damages
in respect of such arrears shall be brought after the
expiration of six years from the date on which the
interest became due:

MonTSERRAT.

Limitation of
actions to
recover rent,

Limitation of
actions to
recover money
secured by a
mortgage or
charge or to
revover pro-
ceeds of the
sale of land.



MonTsERRaT,

Limitation of
actions in
respect of
trust property,

14 Tamitation. No. 11 of 1961.
Provided that—

(a) where a prior mortgagee or other
incumbrancer has been in possession of the
property charged, and an action is brought
within one year of the discontinuance of such
possession by the subsequent incumbrancer, he
may recover by that action all the arrears of
interest which fell due during the period of
possession by the prior incumbrancer or dam-
ages in respect thereof, notwithstanding that
the period exceeded six years;

(6) where the property subject to the
mortgage or charge comprises any future
interest or life insurance policy and it isa term
of the mortgage or charge that arrears of
interest shall be treated as part of the principal
sum of money secured by the mortgage or
charge, interest shall not be deemed to become
due before the right to receive the principal
sum of money has accrued or is deemed to
have accrued.

(6) This section shall not apply to any mort-
gage or charge on any ship.

ACTION IN RESPECT OF TRUST PROPERTY OR THE
PERSONAL ESTATE OF DECEASED PERSONS.

19. (1) No period of limitation prescribed
by this Ordinance shall apply to an action by a
beneficiary under a trust, being an action—

(a) in respect of any fraud or fraudulent
breach of trust to which the trustee was a
party or privy; or

(6) to recover from the trustee trust
property or the proceeds thereof in possession
of the trustee, or previously received by the
trustee and converted to his use.

(2) Subject as aforesaid, an action by a bene-
ficiary to recover trust property or in respect of any
breach of trust, not being an action for which a
period of limitation is prescribed by any other
provision of this Ordinance, shall not be brought
after the expiration of six years from the date on

which the right of action accrued:



No. 11 of 1961. Limitation. 15 Monrsrrpat.

Provided that the right of action shall not be
deemed to have accrued to any beneficiary entitled
to a future interest in the trust property, until the
interest fell into possession.

(3) No beneficiary as against whom there
would be a good defence under this Ordinance shall
derive any greater or other benefit from a judgment
or order obtained by any other beneficiary than he
could have obtained if he had brought the action
and this Ordinance had been pleaded in defence.

, 20. Subject to the provisions of subsection
(1) of the last foregoing section, no action in respect
of any olaim to the personal estute of a deceased
person or to any share or: interest in such estate,
whether under a will or on intestacy shall be brought
after the expiration of twelve years from the date
when the right to receive the share or interest
accrued, and no action to revover arrears of interest
in respect of any legacy, or damages in respect of
such arrears, shall be brought after the expiration
of six years from the date on which the interest
became due.

PART III.

Extension of limitation periods in case of
Disability, acknowledgement, part
payment fraud and mistake.

DISABILITY.

21. If on the date when any right of action
accrued for which a period of limitation is prescribed
by this Ordinance, the person to whom it accrued
was under a disability, the action may be brought
at any time before the expiration of six years, or in
the case of actions to which this section applies, one
year from the date when the person ceased to be
under a disability or died, whichever event first
occurred, notwithstanding that the period of limita-
tion has expired:

Provided that—

(a) this section shall not affect any case
where the right of action first accrued to some
person (not under a disability) through whom
the person under a disability claims;

Limitation of
actions claim-
iug personal
estate of a
deceased
person,

Extension of
limitation
period in case
of disability.



MONTSERRAT,

Cap. 17.

Fresh accrual
of action on

acknowledg-
ment or part
payment,

16 Limitation. No. 11 of 1961.

(6) when a right of action which has
accrued to a person under a disability accrued
on the death of that person while still under a
disability, to another person under a disability,
no further extension of time shall be allowed
by reason of the disability of the second person;

(c) no actien to recover land or money
charged on land shall be brought by virtue of
this section by any person after the expiration
of thirty years from the date on which the
right of action accrued to that person or some
person through whom he claims;

(a) this section, so far as it relates to the
disability of infancy or unsoundness of mind,
shall not apply to any action to which the
-Public Authorities Protection Act applies,
unless the plaintiff proves that the person
under a disability was not, at the time when
the right of action accrued to him, in the
custody of « parent; and

(e) this section shall not apply to any
action to recover a penalty or forfeiture, or
sum by way thereof, by virtue of any enact-
ment, except where the action is brought by
an aggrieved party.

ACKNOWLEDGEMENT AND PART PAYMENT

22. (1) Where there has accrued any right
of action (including a foreclosure action) to recover
land or any right of a mortgagee of personal
property to bring a foreclosure action in respect of
the property, and—

(a) the person in possession of the land,
or personal property acknowledges the title of
the person to whom the right of action has
accrued; or ‘

(6) in the case of a foreclosure or other
action by a mortgagee, the person in possession
as aforesaid or the person liable for the mort-
gage debt makes any payment in _ respect

thereof, whether of principal or interest;



No. 11 of 1961. Limitation, 17

the right shall be deemed to have accrued on and
not before the date of the acknowledgement or
payment.

(2) The foregoing subsection shall apply to a
right of action to recover land accrued to a person
entitled to an estate or interest tanking effect on the
determination of an entailed interest against whom
time is running under section 13 of this Ordinance,
and on the making of the acknowledgement that
section shall cease to apply to the land.

(3) Where a mortgagee is by virtue of the
mortgage in possession of any mortgaged land and
either receives any sum in respect of the principal or
interest of the mortgage debt or acknowledges the
the title of the mortgagor, or his equity of redemp-
tion, an action.to redeem the land in his possession
may be brought at any time before the expiration
of twelve years from the date of the payment or
acknowledgement.

(4) Where any right of action has accrued to
recover any debt or other liquidated pecuniary
claim, or any claim to the personal estate of a
deceased person or to any share or interest therein,
and the person liable or accountable therefor
acknowledges the claim or makes any payment in
respect thereof, the right shall be deemed to have
accrued on and not before the date of the acknow-
ledgement or the last payment:

Provided that a payment of the part of the
rent or interest due at any time shall not extend
the period for claiming the remainder then due, but
any payment of interest shall be treated as a pay-
ment in respect of the principal debt.

23. (1) Every such acknowledgment as
aforesaid shall be in writing und signed by the
person making the acknowledgment.

(2) Any such acknowledgment: or payment
as aforesaid may be made by the agent or the per-
son by whom it is required to be made under the
last foregoing section, and shall be made to the
person, or to an agent of the person, whose title or
claim is being acknowledged or, as the case may be,
in respect of whose claim the payment is being
nade.

MontTsERRAT.

Formal pro-
visions as to
acknowledg-

‘ments and ~

part payments,



Montserrat.

Effect of aek-
nowledement
or part. puy-
ment on
Persons Other
than the
muker or
recipient.

18 Limitation. No. 11 of 1961.

24. (1) An acknowledgment of the title to
any land, or mortgaged personality, by any person
in possession thereof shall bind all other persons in
possession during the ensuing period of limitation.

(2) A payment in respect of a mortgage debt
by the mortgagor or any person in possession of
the mortgaged property shall so far as any right
of the mortgagee to foreclose or otherwise to
recover the property is concerned, bind all other
persons in possession of the mortgaged property
during the ensuing period of limitation.

(3) Where two or more mortgagees are by
virtue of the mortgage in possession of the mort-
gaged land, an ucknowledgment of the mortgagor’s
title or of his equity of redemption by one of the
mortagees shal] only bind him and his successors,
and shall not bind any other mortagee or his
successors, and where the mortgagee by whom the
acknowledgment is given is entitled to a part of
the mortgage land and not to any ascertained part
of the mortgage debt, the mortgagor shall be
entitled to redeem that part of the land on payment,
with interest, of the part of the mortgage debt
which bears the same proportion to the whole of
the debt as the value of the part of the land bears
to the whole of the mortgaged land.

(4) Where there are two or more mortgagors,
and the title or right to redemption of one of the
mortgagors is acknowledged as aforesaid, the
acknowledgment shall be deemed to have been
made to all the mortgagors. .

(5) An acknowledgment of any debt or other
liquidated pecuniary claim shall bind the acknow-
ledgor and his suceessors but not any other person:

Provided that an acknowledgment made after
the expiration of the period of limitation prescribed
for the bringing of an action to recover the debt or
other claim shall not bind any successor on whom
the liability devolves on the determination of a
preceding estate or interest in property under a
settlement taking effect before the date of the
acknowledgment.



No. 11 of 1961. Limitation. . 19

(6) A payment made in respect of any debt
or other liquidated pecuniary claim shall bind all
persons liable in respect thereof:

Provided that a payment made after the
expiration of the period of limitation prescribed for
the bringing of an action to recover the debt or
other claim shall not bind any person other than
the persons making the payment and his successors,
and shall not bind any successor on whom the
liability devolves on the determination of a preced-
ing estate or interest in property under «a settlement
taking effect before the date of the payment.

(7) An acknowledgment by one of several
personal representatives of any claim to the personal
estate of a deceased person, or to any share or
interest therein, or a payment by one of several
personal representatives in respect of any ‘such
claim shall bind the estate of the deceased
person. "

(8) In this section the expression “ successor”
in relation to any mortgagee or person liable i in
respect of any debt or claim, means. his personal
representatives and any other person on whom the
rights under the mortgage or, as the case may be,
the liability in respect of the debt or claim devolv e,
whether on death or bankruptcy or the disposition
of property or the determination of a limited estate
or interest in settled property or otherwise.

Fraup AND MISTAKE.

25. Where, in the case of any action for
which a period of limitation is prescribed by this
Ordinance, either—

(a) the action is based upon the fraud of
the defendant or his agent or of any person
through whom he claims or his agent, or

(0) the right of action is concealed by
the fraud of any such person as aforesaid, or

(c) the action is for relief from the
consequences of a mistake,

MonTSERRAT.

Postpone-
ment of
limitation
period in case
of fraud or
mistake.



MONTSERRAT.

Application
cf Ordinance
and other
Limitation
enactinents to
arbitrations.

20 Limitation. - No. 11 of 1961.

the period of limitation shall not begin to run
until the plaintiff has discovered the fraud or the
mistake, as the case may be, or could with reason-
able diligence have discovered it:

Provided that nothing in this section shall
enable any action to be brought to recover, or
enforce any charge against, or set aside any trans-
action affecting, any property which—

(i) in the case of fraud, has been pur-
chased for valuable consideration by a person
who was not a party to the fraud and did not
at the time of the purchase know or have
reason to believe that any fraud had been
committed, or

(ii) in the case of mistake, has been
purchased for valuable consideration, subse-
quently to the transaction in which the mis-
take was made, by a person who did not know
or have reason to believe that the mistake had
been made,

Parr LY.
GENERAL.

26. (1) This Ordinance and’ any other
enactment relating to the limitation of action shall
ap »ly to arbitrations as they apply to actions in the
Supreme Court.

(2) Notwithstanding any term in an arbitra-
tion agreement to the effect that no cause of action
shall accrue in respect of any matter required by
the agreement to be referred until an award is
made under the agreement, the cause of action
shall, for the purpose of this Ordinance and of any
other such enactment (whether in their application
to arbitrations or to other proceedings), be deemed
to have accrued in respect of any such matter at
the time when it would have accrued but for that
term in the agreement.

(3) For the purpose of this Ordinance and of
any such enactment as aforesaid, an arbitration
shall be deemed to be commenced when one party
to the arbitration serves on the other party or parties



No. 11 of 1961. Limitation. 21 Monrsmprat.

& notice requiring him or them to appoint an
arbitration or to agree to the appointment of an
arbitrator, or, where the arbitration agreement

provides that the reference shall be to a person ©

named or designated in the agrcement, requiring
him or them to submit the dispute to the person so
named or designated.

(4) Any such notice as aforesaid may be
served either—

(a) by delivering it to the person on
whom it is to be served; or

(6) by leaving it at the usual or last
known place of abode in the Colony of that
person ; or

(c) by sending it by post in a registered
letter addressed to that person at his usual or
last known place of abode in the Colony;

as well as in any other manner provided in the
arbitration agreement; and where a notice is sent
by post in manner prescribed by paragraph (c),
service thereof shall, unless the contrary is proved,
be deemed to have been effective at the time at
which the letter would been delivered in the
ordinary course of post.

(5) Where the Supreme Court orders that an
award be set aside or orders, after the commencement
of an arbitration, that the arbitration shall cease to
have effect with respect to the dispute referred, the
court may further order that the period between
the commencement of the arbitration and the
date of the order of the court shall be excluded in
computing the time prescribed by this Ordinance or
any such enactment as aforesaid for the commence-
ment of proceedings (including arbitration) with
respect to the dispute referred.

(6) This section shall apply to an arbitration
under the Arbitration Act as well as to an arbitra-
tion pursuant to an arbitration agreement, and sub-
sections (3) and (4) shall have effect, in relation to
an arbitration under the Abitration Act, as if for
the references to the arbitration agreement there
were substituted references to such of the provisions
of the said Act or of any order, scheme, rules
regulations or byelaws made thereunder as relate to
the arbitration.

Cap. 3



MONTSERRAT.

Cap. 3.

Provisions
an to set-off
or counter-
claim,

Acquiescence.

Application
to the Crown.

7/1928,

Saving for
other limita-
tion enact-
ments.

22 Limitation. No. 11 of 1961.

(7) In this section the expressions “ arbitra-
tion” and “award” have the same meanings as ip
the Arbitration Act, and the expression “ arbitration
agreement ” has the same meaning as the expression
‘submission ’’ in the same Act. —

27. For the purposes of this Ordinance,
any claim by way of set-off or counterclaim shall
be deemed to be a separate action and to have been
commenced on the same date as the action in which
the set-off or counter-claim is pleaded.

28. Nothing in this Ordinance shall effect
any equitable jurisdiction to refuse relief on the
ground of acquiescence or otherwise.

29. (1) Save as in this Ordinance otherwise
expressly provided and witkout prejudice to the

~ provisions of section 30, this Ordinance shall apply

to proceediugs by or against the Crown in like
manner as it applies to proceedings between
subjects:

Provided that this Ordinance shall not apply
to any proceedings by the Crown for the recovery
of any tax or duty or interest thereon or to any
forfeiture proceedings under the Customs Duties
Ordinance, 1928, or any law relating to duties of
excise or to any proceedings in respect of the
forfeiture of a ship.

(2) For the purposes of this section proceed-
ings by or against the Crown shall include proceed-
ings by or against any Government Department or
any officer of the Crown as such or any person
acting on behalf of the Crown.

(3) Nothing in this Ordinance shall affect the
prerogative right of Her Majesty to any gold or
silver mine or the rights of the Crown under the
Minerals (Vesting) Ordinance.

80. This Ordinance shall not apply to any
action or arbitration tor which a period of limitation
is prescribed by any other enactment, or to any
action or arbitration to which the Crown is a party
and for which, if it were between subjects, a period
of limitation would be prescribed by any other
enactment.



No. 11 of 1961. Limitation. 23 MonTRERRaT,

81. Nothing in this Ordinance shall— Provisions
as to actions
(a) enable any action to be brought which sulpeuiiag
was barred before the, commencement of this actions.

Ordinance by an enactment repealed by this

Ordinance, except in so far as the cause of

action or right of action may be revived by

an acknowledgment or part payment made in

accordance with the provisions of this Ordi-

nance; or

(6) affect any action or arbitration com-
menced before the commencement. of this
Ordinance or the title to any property which is
the subject of any such action or arbitration.

32. The enactments set out in the Schedule Repeat.
to this Ordinance are hereby repealed to the extent
specified in the third column of that Schedule.

H. Burrowes,
President.

Passed the Legislative Council this 29th day
of August, 1961.

Grorce R. E. Casey,
Clerk of the Council.

Section 32





SCHEDULE
Chapter Short Title _ Extent of Repeal
———— $$$ & ——______— |
13 The Mercantile Law | Sections 7 to 11
Amendment Act | inclusive.

The Real Property The Whole Act.

|
Limitation Act |
}



Printed at the Governmont Printing Offioe, Antigua, Leeward Islands
by Robert Linpsay, Government Printer—By Avutkority.
1964,

420—4.64. (Price 49 conte}






No. 29 of 1961. National Parks.

[ L.S.]
I AssrEnt,
G. J. Bryan,
Administrator.
3st July, 1961.

VIRGIN ISLANDS.
No. 29 of 1961.

An Ordinance relating to National Parks.
[BY PROCLAMATION]

ENACTED by the Legislature of the Colony
of the Virgin Islands.

1. This Ordinance may be cited as_ the
National Parks Ordinance, 1961.

2. In this Ordinance—

‘“‘ Park” means a National Park referred to in
section 5 of this Ordinance;

‘animal ”’ includes cattle, horses, mules, asses,
sheep, swine, goats, dogs, cats and all
animals of whatsoever kind, whether
similar to the foregoing or not;

“ Trust’? means the National Parks Trust
constituted under section 3 of this
Ordinance.

3. As from the commencement of this
Ordinance there shall be constituted the National
Parks Trust which shall be a body corporate with
perpetual succession and a common seal, capable of
suing and being sued in its corporate name and
with power, subject to the provisions of this
Ordinance, to purchase or otherwise acquire, hold
and alienate property, real or personal, and to do
all such acts and things as a body corporate may do
by law and as are necessary for, or incidental to, the
carrying out of its objects and the exercising of its
powers as set out in this Ordinance.

VIRGIN
ISLANDS.

Commence-
ment,

Short title.

Interpreta-
tion.

Constitution
of the
National
Parks Trust,



Virgin
ISLANDS.

Composition
of Trust.

National
Parks,

Duties of
the Trust.

Powers of
Truat,

2 National Parks. No. 29 of 1961.

4. (1) The Trust shall consist of a chairman
and such other members, not exceeding four,
as the Administrator may appoint.

(2) Members of the Trust shall be appointed
for a period not exceeding three years but. shall be
eligible for reappointment.

_ 8. (1) The Administrator in Council may by
proclamation published in the Gazette declare any
area to be a National Park for the purposes of
this Ordinance.

(2) All the lands, buildings, rights and
easements which at the date of the coming into
force of this Ordinance were situated or pertained to
land or buildings situated within any such area and
which ‘on that date were vested in the Crown shall
remain so vested and shall not, without consultation
with the Trust, be assigned, sublet, leased
mortgaged or dealt with in any other manner
whatsoever either by the Crown or by any person
deriving title from the Crown.

6. It shall be the duty of the Trust—

(a) to preserve the natural beauty, aspect,
architectural features, historic buildings
and the setting of the same, and plant life
of Parks;

(6) to encourage and control the provision of
facilities for persons visiting Parks.

7. (1) The Trust may, inso furas it deems
desirable so to do, carry out, or permit to be
carried out—

(a) the repair, restoration and maintenance of

any historic building in any Park; and

(b) any work to facilitate the use of the sea
adjoining any Park for sailing, boating,
bathing or fishing.

(2) The Trust may, in so far as it deems
desirable, provide or cause to be provided at any

Park—

(a) accommodation, meals and refreshments;



No. 29 of 1961. National Parks. 3

a

(b) huts and camping sites;

(c) rouds, parking places, paths, soil and
conservation works, buildings und fences;

(d) game reserves;

(¢) such other things as may be prescribed by
regulations made by the Administrator
in Council.

(3) Subject to the general directions of the
Administrator in Council the Trust may employ
such persons as it may require for the exercise of
the powers and fulfilment of the duties conferred
and imposed on the Trust by this Ordinance.

8. (1) The Trust may, subject to the
approval of the Administrator in Council, make
by-laws for the preservation and control of Parks.

(2) Without prejudice to the generality of the
foregoing power such by-laws may—

(a) prohibit or restrict entry into or move-
ment within any Park by any person,
vehicle or animal;

(b) prohibit or restrict camping, squatting or
residing in any part of a Park;

(c) provide for the levying of fees and charges
for entry into Parks or any part thereof
or any building therein, or for any ser-
vices or amenities provided by the Trust;

(d) provide for the payment of compensation
by any person doing damage in any
Park or for the removal from Parks of
any person committing any offence against
any by-law;

(e) provide for the control and regulation of
the conduct of any trade or business
carried on within any Park;

(/) provide for the prevention within Parks
of damage to any land, building, person,
animal or thing and for the preservation
of public order.

VIRGIN
ISLANDS.

Trust nay
make by-laws.



VIRGIN
ISLANDS.

Financial
provisions.

Rerulations,

Commence-
ment.

4 National Parke. No. 29 of 1961.

“(3) Any by-law made under this section may
prescribe a penalty for a breach of such by-law not
exceeding one hundred dollars in the currency of
the United States of America or a term of im-
prisonment not exceeding three months.

9. (1) The Administrator in- Council may
authorise the payment to the ‘I'rust, out of moneys
provided by the Legislative Council for the pur-
pose, of such sums as the Trust may require for
the furtherance of its objects.

(2) The Trust shall have power to borrow
money in such amounts, from such sources and in
such manner as the Administrator in Council may
approve.

(3) The Trust shall cause proper accounts to
be kept of all moneys received and expended by the
Trust and a statement of such accounts certified as
correct under the hand of the chairman and one
other member of the Trust shall be submitted
annually to the Administrator. The Administra-

‘tor may cause both such accounts to be audited and

examined by a Government auditor.

10. (1) The Administrator in Council may
make Regulations for carrying this Ordinance into
effect.

(2) In particular, and without prejudice to the
generality of the foregoing power, such Regulations
may provide for—

(a) the payment of allowances to members of

the Trust;

(6) the procedure to be followed by the Trust

in the conduct of it business;

(c) the fixing of a quorum for meetings of the

Trust; and
(d) the remuneration of any person who may

be employed by the Trust. .

11. This Ordinance shall come into operation
on a date to be appointed by the Administrator by
Proclamation published in the (ruzette

G. J. Bryan,

Presiden t.



No. 29 of 1961. National Parks. 5 VIRGIN

ISLANDS.
Passed the Legislative Council this 27th day
of July, 1961.

Ratpw T. O’Neat,
Clerk of the Council.

Printed at the Government Printing Office, Antiyua Leeward Islands.
by RoBrerRT LINDSAY, Government Printer.—By Authority.
1964.
4204.64. [Price 13 cents.)








No. 35 of 1961. Geneva Convention VirGIN
[L.s ; (Supplementary Provisions). IsLANDS.

I AssEnt,
G. J. Bryan,
Administrator,
18th November, 1961.

VIRGIN ISLANDS.
No. 35 of 1961.

An Ordinance to supplement the Geneva Conven-
tions Act, 1967, of the United Kingdom as
extended to the Colony by the Geneva Conven-
tions Act (Colonial Territories) Order in
Council, 1959, so as to enable full effect to be
given to certain international conventions done
at Geneva on the 12th day of August, 1949.

[ 18th November, 196 1) Commence-

ment,
ENACTED by the Legislature of the Colony
of the Virgin Islands.

1. This Ordinance may cited as the Geneva Short title,
Conventions (Supplementary Pro visions) Ordi-
nance, 1961.

2. In this Ordinance, the expressions Interpretos
“ protected internee ”’, ‘‘ protected prisoner of war” ton.
and “the protecting power” have the same mean-
ings respectively assigned to them in section 7 of the 5 «6 Eliz2
Geneva Conventions Act, 1957, of the United $'1 1958/1801
Kingdom as extended to the Colony by the Geneva ~~ ‘
Conventions Act~(Colonial Territories) Order in
Council, 1959.

3. Where a protected prisoner of war or a Appeals by
protected internee has been convicted in the Magis- Oooo
trate’s Court und has on such conviction been the Court of
sentenced to imprisonment for a term of two years Appel.
or more, in reckoning the time within which he
must give notice of appeal or deliver the grounds of
appeal or do any other act for perfecting his appeal
to the Court of Appeal no account shall be taken of
the period between the date of his conviction, or, in
the case of an appeal against sentence, of his sentence
and the date on which he receives 1 notice given— |

(a) in the case of « protected prisoner of war, —
by an officer of Her Majesty’s forces;



VIRGIN
IsLANDs.

2 Geneva Convention No. 35 of 1961.
(Supplementary Provisions).

(6) in ‘the case of a protected internee, by or
on behalf of the officer in charge of the
prison in which he is confined,

that the protecting power has been notified of his
conviction and sentence, or of the making of the
order, as the case may be; and in a case to which
the foregoing provisions apply—

(i) any provision in any law suspending
the operation of any order for the
restitution of any property to any
person made on a conviction by the
Magistrate’s Court or the operation, in
the case of any such conviction, of the
provisions of any law as to tke re-
vesting of the property in stolen goods
on conviction, shall have effect as if in
reckoning the time during which the
operation of such order is, or of such
provisions are, suspended no account
were required to be taken of the afore-
said period; and

(ii) any provision in any law providing for
the continued custody of any docu-
‘ments, ex hibits orother things
connected with the proceedings at the
trial before the Magistrate’s Court,
after the termination of such proceed-
ing, shall have effect as if it provided
for the continued custody of such
documents, exhibits or other things
until the expiry of such time after the
aforesaid period as is allowed for an
appeal to be made to tho Court of
Appeal.
G. J. Bryay,

President.

Passed the Legislative Council the 8th day of November,

1961.

Ratpn T. O'NEAL,
Clerk of the Council.

Printed at the Government Printing Office, Antigua. Leeward Islands,

420me4..64,

By Ropert Linpsay, Government Printer.-—-By Authority,
1964.

[ Price 7 cenés.]



No. 7 of 1962. The Minerals (Vesting) Ordinance. VIRGIN

1962. ISLANDS
[L.8. ]
I Assent.
M.S. Sraverey
Administrator.

23rd November, 1962.

VIRGIN ISLANDS
No. 7 of 1962.

An Ordinance to vest in the Crown all minerals in
the Colony and to make provision for matters
incidental thereto or connected therewith.

[ 23rd November, 1962.] Commence-

ment,

ENACTED by the Legislature of the Colory
of the Virgin Islands.

1. This Ordinance may be cited as the Min- Short title.
erals (Vesting) Ordinance, 1962.

2. In this Ordinance, unless the context Interprota-
otherwise requires— tion.

“minerals” does not include—
(i) pottery, clay or rock salt;

(ii) any materials, such as clay, sand,
limestone sandstone, or other stones,
commonly used for the purpose of
road making or for building or for
the manufacture of any article used
in the construction of buildings
where such material does not contain
any valuable metal or precious stone
in economically workable quantities,

but includes the following :-—

(a) metalliferous minerals containing
aluminium, antimony, arsenic, barium
bismuth, cadmium, cerium, chrom-
ium, cobalt, columbium, copper, iron,
lead, lithium, magnesium, manganese



Virncin 2 The Minerals (Vesting) Ordinance, No. 7 of 1962
ISLANDS. 1962.

mercury, molybdenum, nickel, potas-
sium, sodium, tantalum, tin, titanium
tungsten, vanadium, zinc, zirconium,
and all other substances of a similar
nature to any of them, ‘and all ores
containing them and combinations of
any of them with each other or with
any other substance, excepting only
those that occur in the form of pre-
cious minerals;

(6) combustible carbonaceous minerals in-

cluding—
(i) coal;

(ii) lignite, which includes brown coal
and any coal which the Administra-
tor in Council may prescribe to be
lignite ;

(c) mineral oils, including _ bitumen,
asphalt and all other bituminous
substances;

(d) other minerals, including those used
for their abrasive or refractory quali-
ties and asbestos, barytes, bauxite,
china clay, crystals, fuller’s earth,
graphite, laterite, marble, mica, nitta-
tes, pipeclay, potash, quartz, slate,
soda, sulphur, tale, and all other
substances of a similar nature to any
of them; and

(e) precious minerals, including—

(i) precious stones and semi-precious
stones including amber, amethyst,
beryl, cat’s eye, chrysolite, garnet,
and all other semi-precious stones,
whether of the same kind as those
enumerated or not;

(ii) precious metals;

“ precious metals” means gold, silver, or metal
of the platinoid group, in the unmanufac-



No. 7 of 1962 The Minerais (Vesting) Ordinance, 3
1962,

tured state, and all ores containing such
metal, but not including ores containing
any such metal in combination with
another mineral where such metal cannot
be worked apart from such mineral and
the value of such metal is less than the
cost of producing both the metal and the
mineral ;

‘precious stones’ means diamonds, emeralds,
opals, rubies, sapphires, turquoises, and
such other stones as may be prescribed to
be precious stones for the purpose of this
Ordinance;

“to mine” with its grammatical variations and
cognate expressions means intentionally
to search for, extract or win minerals;

“‘to prospect’ with its grammatical variations
and cognute expressions means to search
for minerals and includes such working
as is reasonably necessary to enable the
proprietor to test the mineral-bearing
qualities of the land;

“ Treasurer’ means the officer for the time
being performing the duties of Treasurer
of the Colony.

8. Itis hereby declared that all minerals
being in, on or under any land of whatsoever
ownership or tenure are vested in and are subject to
the control of the Crown.

In this section “ minerals’’ includes all radio-
active minerals as defined in the Radio-Active
Minerals Ordinance, 1948.

4. (1) No person shall prospect for or mine
any minerals except by authority of a_ licence
granted by the Administrator in Council and in
accordance with the terms and conditions specitied
in the licence.

(2) Any person who contravenes the provi-
sions of subsection (1) of this section shall be guilty
of an offence and shall be liable on summary

VIRGIN
ISLANDS.

All minerals
vested in the
Crown.

3/1948.

Prohibition of
prospecting
aud mining
except by
licence.



VIRGIN
ISLANDS.

Payment of
royalties
under mining
licence.

Payment of
compensation

2/1937.

4 The Minerals (Vesting) Ordinance, No. 7 of 1962
1962.

conviction to a fine not exceeding one thousand
dollars in the currency of the United States of
America and to a further fine not exceeding fifty
dollars in the currency of the United States of
America for each day during which the contraven-
tion continues.

(3) Nothing in this section shall be taken as
authorising the prospecting for or mining of any
minerals in, on or upon any land except with the
consent of the owner or occupier of the land.

5. Where a licence to mine is granted under
section 4 of this Ordinance there shall be paid to
the Government of the Colony by the licensee in
respect of minerals mined by virtue of that licence
such royalties as may be prescribed, und different
royalties may be prescribed for different minerals.

6. (1) Except as provided in this section,
where minerals are won in, on or under any land
which is not Crown land, there shall be paid to the
owner of the land such compensation as is in this
section provided in respect of the minerals so won:

Provided that, where there is a tenant for life
of such land, the compensation payable to the
owner shall be pid into the Public Treasury to the
credit of the owner and (not with-standing anything
to the contrary contained in the Savings Bank
Ordinance, 1937, or in any rules made thereunder
with respect to the limitation of the amount ofa
deposit and the interest payable thereon) it shall be
invested by the Treasurer in the Government Sav-
ings Bank without limit as to amount, and the
income arising therefrom shall be paid to the tenant
for life during his lifetime, and upon his death the
capital sum so invested shall be paid to the owner
of the land.

(2) The compensation to be paid under this
section shall be five per centum of the royalties
paid to the Government and shall be in addition to
any amount which may be paid to an owner by way
of rent for a lease of the land. Such compensation
shall be paid at such times and subject to such con-

ditions as may be prescribed:



No. 7 of 1962 The Minerals (Vesting) Ordinance, 5

1962.

. Provided that if any person proves to the
satisfaction of the Administrator in Council that he
was at the commencement of this Ordinance in
receipt of any income derived from mining opera-
tions carried on on lands of which he is the owner,
the compensation to be paid to him shall be the full
amount of the royalties paid to the Government
during the period for which compensation is pay-
able under this section, and in any case the amount
of such compensation shall not be less than the
income by way of royalties to which, but for the
passing of this Ordinance, such person would have
been entitled under any subsisting agreement.

(3) Compensation to be paid under this section
shall be payable for a period of twenty-five years
but no compensation whatsvever shall be payable
after the fiftieth anniversary of the commencement
of this Ordinance.

(4) No compensation shall be payable in res-
pect of any precious metals or precious stones which
are won in, on or under any lund.

7. (1) Where any doubt arises as to the
person who is entitled as owner to the payment of
any compensation which is payable under this
Ordinance, such compensation shall be paid into the
Supreme Court to the credit of the person who may
be entitled thereto and it may (subject to the pro-
visiona of this section) on the subsequent applica-
tion of any person claiming to be entitled thereto,
be paid out to such person on the order of a Judge
of the Supreme Court.

(2) All moneys paid into the Supreme Court

under the provisions of this section which remain |

unclaimed for twelve years after such payment shall
be transferred and paid into the general revenue of
the Colony, and all claims thereto shall be forever
barred.

8. The Administrator in Council may make
regulations with respect to any matter which may
be prescribed under this Ordinance, including the
forms of licence to prospect. for minerals or to mine
minerals and the fees to be paid therefor.

VIRGIN.
ISLANDS.

Payment of
compensation
where owner
doubtful.

Regulations,



Vircin 6 The Minerals (Vesting) Ordinance, No. 7 of 1962
ISLANDS. 1962.

Saving. 9. Save as regards the payment of royalties
as provided for in section 5 of this Ordinance, noth-
ing in this Ordinance, shall affect the terms and
conditions of any mining lease entered into before
the coming into operation of this Ordinance.

M. S. Stave ry,
President.

Passed the Legislative Council this 20th day of November,
1962.

J. M. CLARKE,
Clerk of the Council.





Printed at the Government Printing Office, Antigua Leeward Islands,
by Ropurt Linpsay Government Printer—By Authority.
1964.
420—4.64 [Price 15 cenés.]


VOL. IX.

THE

* ANTIGUA, MONTSHE

AND



VIRGIN ISLANDS GAZETTE.

Published by Authority.

THURSDAY, 16ra APRIL, 1964.

No. 17.



Notices.

In is notified for general informa-
tion that the Acting Chief Justice of
the Supreme Court of the Windward
Islands and Leeward Islands in pur-
suance of the provisions of Section
5(2) of the Windward Islands and
Leeward Islands (Courts) Order in
Council 1959 (as amended by the
West Indies (Dissolution and Interim
Commission) Order in Conneil 1962),
with the approval of the Secretary of
State for the Colonies, has appointed
Mr. WILLIAM ADRIAM DATE to act as
a Puisne Judge of the abovementioned
Court with effect from 7th April,
1964.

Government House,
St. John’s,
Antigua,
14th April, 1964.
Ref No. 4. C, 43/1—III



It is notified for general informa-
tion that the Administrator has been
pleased to appoint Mr. D. CENAC to
be acting Magistrate, Montserrat for
the period 10th to 13th April, 1964
both days inelusive.

Admisintrator’s Office,
Government Headquarters,
Montserrat, W.I.
llth April, 1964.

It is notified for general information
that Mr. DONALD A. S. HALSTEAD
has been accepted for a United King-
dom Ministry of Labour Industrial
Relations Course for overseas trade
unionists commencing on 4th May,
1964 and lasting for thirteen (13)
weeks.

The cost of the course is being
met from technical assistance funds
provided by the United Kingdom De-
partment for Technical Co-oporation.

Ministry of Trade Production
& Labour,
9th April, 1964.
Ret. No, T.P. L. 23/14-I1.

X

326.7297
Q LAAe

Approval of an Insurer by the
Administrator in Council.

Motor Vehicle Insurance
(Third Party Risk)
Ordinance, 1950 No. 11 of 1950.

The Administrator in Councii has
had under consideration an applica-
tion made by Messrs MITCHELL A.
MICHAEL and Sons of St. Mary’s
Street, St. John’s Antigua, on behalf
of Messrs LucaAL and GENERAL
ASSURANCE SOCIETY LIMITED of
Temple Court, 11 Queen Victoria
Street London E. C. 4 England that
the Administrator in Council will
approve of the said LEGAL und GEN-
ERAL ASSURANCE SOCIETY LIMITED
as an Insurer for the purposes of the
Motor Vehicles Insurance (Third
Party Risks) Ordinance 1950 No. 11
of 1950 and it has been decided
that such approval should be granted.

Dated the 19th day March, 1964.

Ministry of Public Works and
Communications.
Administration Building,
St. John’s,
Antigua.
Ref. No. A. 48/5-II



Approval of an Insurer by the
Administrator in Council.

Motor Vehicle Insurance
(Third Party Risk)
Ordinance 1950 No. 11 of 1950.

The Administrator in Council has
had under consideration an applica-
tion made by Messrs. GEO. W. BEN-
NETT BRYSON and Co., Ltd. of St.
John’s, Antigua on behalf of The
ROYAL INSURANCE COMPANY
Limited of 1 North John Street, Liver-
pool 2 England that the Administrator
in Conncil will approve of the said
RoYAL INSURANCE COMPANY
Limited asan Insurer for the purposes
of the Motor Vehicle Insurance (Third
Party Risks) Ordinance 1950 No. 11
of 1950 but with reference to the use
of motor vehicies belonging to the
Jolly Beach Hotel Antigua, only and
to no other motor vehicles. And it has
been decided that snch approval as
requested should be granted.

Dated the 19th day of March 1964.

Ministry of Public Works
and Communications
Administration Building,

St. John’s, Antigua.

Ref. No. A. 48/5-II

No. 20.

Appointments, transfers, etc., in
the public service, with effect from
the dates stated, are published for
general information :—

Antigua.

BROWNE, Miss A., appointed as Pro-
bationary Uncertificated Teacher,
Education Department Jan. 1 64

COCHRANE, W., Senior Clerk, Trea-
sury Department, appointed as
Acting Executive Officer. Treasury
Department Feb. 10 64

DEFREITAS, FE. B., Clerk, Treasury
Departm+nt, appointed Senior Clerk
Income Tax Department

Merch | 64

GEORGE, Miss R., appointed Clerical
Assistant, Public Works Depart-
ment April 1 60

GREENE, J., appointed Petty Officer,
Class IIT Audit Department
November 29 1963

HuMpPHREYs, E. appointed Clerical
Assistant. Public Works Depart-
ment April 1 1960

Hontst, 8S. E. B., Prison Officer,
H. M. Prison, appointed as Master,
Chief Petty Officer, Leper Home

March 1 64

HARPER, McK. D., Agricultural
AssistantIII, Agrileultural Depart -
ment, appointed as Acting Agricul-
tural Assistant LI, Agricultural
Department March 1 64

JARVIS, Miss G., Temporary Clerical
Assistant, Income Tax Department,
appointed as Clerical Assistant, In-
come Tax Department April, 1 60

LEWIS, Miss J., xppointed Probation-
ary/Uncertificated Teacher, Fiduca-
tion Department Jan. 1 64

PETERS, S., appointed Petty Officer
Class III Central Board of Health
January 17 64

Ricuss, Miss E. A., appointed as
Secondary School Assistant Grad-
uate, Education Department

February 16 64

SAMUEL, Miss G., appointed as Cleri-
cal Agsistant, Public Works Depart-
ment June 25 1961

SHEPPARD, Miss S., Clerk, Educa-
tion Department, seconded as Clerk,
Legal Department Feb. 1 64
91 THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE,

Sowersy, F., Master, Leper Home,
appointed as Storekeeper, Central
Board of Health March 1 64

SHERIDAN, Miss A., appointed as
Clericat Assistant, Treasury Depart-
ment December 1 63

Trey, S., Clerk, Post Office, re-
signed appointment with effect
from December 12 1963

Wiuiiams, H., Petty Officer Class IIT,
Post Office, dismissed from the
service November 22 1963



No. 21

The following Imperial Legislation
and Ordinances are circulated with
this Gazette and form part thereof: —

Imperial Legislation

1963 No. 1631, ‘The Merchant
Shipping (Registration of Colonial
Government Ships) Order, 1963.”

4pp Price 11 ois.

ORDINANCES
Montserrat.

No. 11 of 1961, “The Limitation
Ordinance, 1961.”
23 pp. price 49 ots.

Virgin Islands.

No. 29 of 1961, ‘The: National
Parks Ordinance, 1961.”
5 pn. price 13 ets.
No. 35 of 1961, -‘ The Geneva Con-
ventions (Supplementary Provisions)
Ordinance, 1961.”
2 pp. Price 7 cts.
No. 7 of 1962, “‘ The Mineral (Vest-
ing) Ordinance, 1962.”
6 pp. price 15 ets.



in the Supreme Oourt of the
Windward Islands and
Leeward Islands.

ANTIGUA OIROUIT.
A. D. 1964.

NOTICE IS HEREBY GIVEN that
in pursuance of Rules made by the
Chief Justice under Section 16 of the
Leeward Islands and Windward
Islands (Courts) Order in Council,
1959, and duly approved as therein
provided on the 19th day of June,
1959, the Honourable Puisne Judge
selected for the sitting of the Court
has appointed the day of the month on

which ensuing Circuit Court shall sit

for the trial of Criminal and Civil
‘causes in the summary and higher
Oe of the Court, and the
earing of appeals from Magistrates

as follows: that is to say:—

The Antigna Cirenit on TUESDAY
the 5th day of May, 194, at 10.00
o’clock in the forenvcon.

Dated this 6th day of April, 1964.

O. W. JACK,
fegistrar of the Supreme Court,
Antigua Circuit.

In the Supreme Court of the
Windward Islands and
Leeward Islands
Antigua Circuit.

In Bankruptey:

Re WILLIAM JEFFERY of Brig-
gins Road in the Parish of
Saint John in the Colony of
Antigua, Restaurant Keeper.

Under receiving order dated the
15th day of January, 196.

NOTICE IS HEREBY GIVEN that
a sitting of the Court for public
examination of the debtor will be
held at the Court House, on the 20th
day of April, 1964, at 9.30 o’clock in
the forenoon.

Dated the 23rd day of March, 1964.

O. W. JACK.
Official Receiver.

ANTIGUA.

THE REGISTRATION OF UNITED
KINGDOM PATENTS AcT, 1925.

NOTICE IS HEREBY GIVEN
that The Pillsbury Company of
608 Second Avenue South Minnea-
polis, Minnesota have applied for
registration in Antigua of United
Kingdom Patent No. 920.261 dated
the Ist day of September 1959, and
issned on the 26th day of June 1964,
and have filed at the Registrar’s
Office at the Court House, St. John’s
Antigua, a complete copy of the
specification and the Certificate of the
Comptroller General of the United
Kingdom Patent giving full particulars
of this Patent which will be open to
public inspection at the said office at
any time between the hours of 9.00
a.m. and 3,30 p.m. on working days
except Saturdays when the hours will
be from 9.00 4.m. to 12.00 noon.

Any person may within two months
from the aate of this advertisement
give notice to the Registrar of opposi-
tion to the issue of a Certificate of
registration upon any of the grounds
prescribed in Section 10 of the Patents
Act, 1906 for opposition to the grant
of Letters Patent.

Dated the 26th day of March, 1964.

O. W. Jack,
Registrar of Patents.

Registrar's Office,
Court House,
St. John’s, Antigua.



RAINFALL FIGURES
Agricultural Department,

Antigua,
Month. 1960 196) 1962 1963 1964
January 3884 2.16 6.77 462 299
Februarv 5.09 2.31 0.92 1,12 0.79
March 28th 8.18 1.84 O81 0.52 121
Apri) 1th 0.44 0.53 1.42 085 1.45
12.55 6.84 9.92 7.11 6.63





[April 16, 1964.

TRADE MARKS OFFICE,
VORTOLA, BRITISH VIRGIN ISLANDS, |
23rd January, 1964.

THE COCA-COLA COMPANY of
515 Madison Avenue, City and State
of New York, United States of
America, has applied for Registration
of one Trade Mark consisting of the
following:—



in Class 44 that is to say, all goods
included in Class 44.

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
appearance of this Advertisement in
the Antigua, Montserrat & Virgin
Islands Gazetie, give notice in dupli-
cate at the Trade Marks Office,
Tortola, British Virgin Islands, of
opposition to registration of the said
Trade Mark.

J. D. B. RENWICK,
Registrar of Trade Marka.

TRADE MARKS OFFICE,
MONTSERRAT 20th March, 1964.

ST. REGIS 'TOKACCO CORPO-
RATIO LIMITED of Staedtle 380,
Vaduz, Liechtenstein, haveapplied for
Registration of one Trade Mark
consisting of the following:—

GOLD BAND

in Class 45 that is to say Tobacco
whether manufactured cf unmanu-
factured.

The Applicants claim that they
have not used the said Trade Mark
in respect of the said goods in
Montserrat before the date of their
said Application.

Any person may within three
months from the date of the first
appearance of th's Advertisement in
the Antiqua. Muoniserrat, & Virgin
Islands Gazetie, give notice in dupli-
cate at the Trade Marks Office,
Montserrat, of opposition of tne said
Trade Mark.

BEN W. PRESCOD,
Registrar of Trade Marks.
April 16, 1964, ]

TRADE MARKS OFFICE,
ANTIGUA 8th April, 1964.

TEXACO INC. of 135 Kast 42nd
Street, City and State of New York,
U.S.A. have applied for Registration
of one Trade Mark consisting of the
following :—

SEA CHIEF

in Class 47, that is to say, illuminating,
heating and lubricating oils and
greases; liquid and gaseous fuels;
gasoline, keresene, benzine, naphtha;
hydranlic transmission oils.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for one year
before the «late of their said Applica-
tion.

Any person may within three
months from the date of the first
appearance 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 LOth April, 1964.

PEPSI-COLA COMPANY of 500
Park Avenue, New York, State of
New York, U.S.A. have applied for
Registration of one Trade Mark con-
sisting of the following:—



in Olass 44, that is to say, mineral
waters, non-alcoholic beverages; and
syrups, concentrates and essences for
the preparation of the aforementioned
waters and beverages

The Applicants claim that they have
used the said Trade Mark in respect
of the gaid goods since 2nd October,
1945 before the date of their said Ap-
plication.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antiqua, Montserrat & Virgin
Islands Gazette give notice in dupli-
cate at the Trade Marks Office Anti-
gua. of opposition to registration of
the said Trade Mark.

O. W. JACK
Registrar of Trade Marks.

THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE.

TRADE MARKS OFFICE,
ANTIGUA, 31st March, 1964.

AMERICAN-CIGARETTE COM-
PANY (OVERSEAS) LIMITED of
Staeutle 380, Vacluz, Liechtenstein
have applied for Registration of one
Trade Mark consisting of the follow-
ing:—



in Class 45, that is te say, tobacco
whether manufactured or unmanufac-
tured.

The Applicants claim that they have
not used the Trade Mark in respect of
the said goods before the date of their
said Application.

Aly person may within three
months from the date of the first ap-
pearance of this Advertisement in 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, 19th March, 1964.

ST. REGIS TOBACCO CORPORA-
TION LIMITED of Staedtle 380,
Vaduz, Liechtenstein have applied for
Registration of one Trade Mark
consisting of the following:—.

GOLD BAND

in Class 45 that is to say, all goods in-
cluded in Class 4%

The Applicants claimed that they
have not used the said Trade Mark in
respect of the said goods before the
date of thsir said Application.

Any person may within three
months from the date of the first ap-
pearance of this Advertisement in 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.

95

TRADE MARKS OFFICE,
TORTOLA, BRITISH VIRGIN ISLANDS,
23rd January, 1964.

SPIDEL CORPORATION of 70
Ship Street, in the City of Provi-
dence, State of Rhode Island, United
States of America, has applied for
Registration of one Trade Mark con-
sisting of the following:—

TWISTON

in Oless 14, that is to say, Expansion
bracelets including watch bracelets.

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
Islands Gazette, give notice in dupli-
cate at the ‘l'rade Marks Office,
Tortola, British Virgin Islands, of
oppusition to registration of the said
Trade Mark.

J.D. B. RENWICK.
Registrar of Trade Marks.

TRADK MARKS OFFICE,
TORTOLA, BRITISH VIRGIN ISLANDS,
27th January, 1964.

CARRERAS LIMITED, of Chris-
topher Martin Road, Basildon, Essex
England, have applied for Registra-
tion of one Trade Mark consisting of
the following:—

STRATHMORE

in Class 45, that is to say, all goods
included in Class 45.

The Applicants claim that they
have not used the said Trade Mark in
respect of the said goous 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 & Virgin
Islands Gazette, give notice in dupli-
cate at the Trade Marks Office,
Tortola, British Virgin Islands, of
opposition to registration of the said
Trade Mark.

J. D. B. RENWICK.
Registrar of Trade Marks.





NOTICE TO IMPORTERS
Goods which have not been re-
moved from the Queen’s Warehouse
within three months will be sold by
Public Anction .at the Warehouse,
High Street on Thursday 30:h April,
1964, at 2.30 p.m.

Importers who have passed war-
rants on any of the items listed for
sale are asked to remove them before
the day of the sale.

Copies of the list of goods for sale
can be seen at the Queen’s Warehouse,
the Bonded Warehouse at the Point
and the Customs Building.

FARL O. PESTAINA,
Collector of Customs.
10/4/64
96 THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE. [ April 16, 1964

TRADE MARKS OFFICE,
TORTOLA, BRITISH VIRGIN ISLANDS,
23rd January, 1964.

ST. KITTS BREWERIES LIMITED of Marshali House, West Square Street, Basseterre St. Kitts have applied for
Registration of two Trade Marks consisting of the following:—

GIANT





in Classes 43 and 44, that is to say, Beer, Ale, Porter, and malt beverage; mineral and aerated waters and other non-
alcoholic drinks; syrups and other preparations for making beverages

The Applicants claim that they are lawfnlly entitled to the use of the said Trade Marks

Any person may within three months from the date of the first appearance of this Advertisement in the Antigua,
Montserrat, and Virgin Isldnds Gazatte, give notice in duplicate at the Trade Marks Office, Tortola, British Virgin
Islands, of opposition to registration of the said Trade Marks.

J. D. B. RENWICK.
Registrar of Trade Marks.





TRADE MARKS OFFICE,
TORTOLA, BRITISH VIRGIN ISLANDS,
23rd January, 1964.

ROTHMANS of PALL MALL EXPORT LIMITED of 65, Pall Mall, London, S, W.I., England have applied for
Registration of one Trade Mark consisting of the following:—

PALL MALL &@?



in Class 21 that is to say, all goods included in Class 21

Ths Applicants claimed that there has been no use of the said Trade Mark in respect of the said goods in the
Virgin Islands prior to 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 & Virgin Islands Gazette, give notice in duplicate at the Trade Marks Office, Tortola, British Virgin
Islands, of opposition to registration of the said ‘Trade Mark.

J. B. D. RENWICK,
Registrar of Trade Marks.
April 16,1964] THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE. 97

oat a TRADE MARKS OFFICE,
soe TORTOLA, BRITISH VIRGIN ISLANDS,
23rd January, 1964.

SULLANA A. G. of Sihlquai 266/268, Zurich 5 Switzerland has applied for Registration of one Trade Mark con-
sisting of the following:—





in Class 45, that is to say, Cigarettes, tobacco and cigars

The Applicants claim that there has been no use of the said Trade Mark in respeot of tho said goods in the Virgin
islands prior to the date of their said Application

Any person may within three months from the date of the first appearance of this Advertisement in the Anitgua,
Montserrat, & Virgin Islands Gazette, give notica in duplicate at the Trade Marks Office, Tortola, Britifh Virgin
Islands, of opposition to registration of the said Trade Mark.

J. D. B. RENWICK,
Registrar of Trade Marks.



Notice to Importers.



In accordance with the Trade and Revenue Ordinance 1900, as amended deposits which remain unclaimed
after a period of three moriths shall be paid into General Revenue as duty payable on goods for which deposit is
‘made. Pee ey ;

The following deposits if not claimed by 30th April, 1964, shall be transferred to Revenue:—

Date. Importer. Article. Amount,
1964

Jan. 2 Geo. W. Bennett Bryson & Co. Ltd 12 drums confectionery 579.00
S. R. Mendes, Ltd. 20 ctns motor oil 35.00
3 Jos. Dew & Son, Ltd. 30 ctns canned meats 200.00
6 Geo. W. B. Bryson & Co. Ltd. 1 ctn uniforms 23.00
7 do. Auto parts 66.00
Caribbean Beach Club 1 auto transformer 43.00
do. 1 ctn. airwing 265.00
do. 1 ctn. regulators 13.00
11 The Antigua Diary Co. 1 cs. dairy equipment 500.00
13 Antigua Beach Hotel 1 ctn. printing apparatus 70.00
Windward & Leeward Agencies 1 pkg. samples 25.00
14 Caribbean Beach Club 1 ctn. mdse. 114.00
do. 1 em. tennis unit 120.00
do. 23 ctns nsh trays 164.00
15 do. 24 ctns chinaware 214.00

17 Mahomed Ishmuel 1 motor car 298.00 .
22 Caribbean Beach Club 32 cins chinaware 226.00
do. 2 ctns machines 157.00
23 Geo. W. B Bryson & Co. 8 drums linseed oil 100.00
25 Antigua Ice & Cold Ntorage 3 pkgs. refrig. parts 66.00
28 Peter J. Deeth 1 pkg. diesel engine parts 70,00
J.C. R. Hood 3 pkgs. wire brackets 119 00
29 ~=Barreto’s Store 1 ctn hard ware 43.00
31 Caribbean Beach Club 21 ctns hotel supplies 278.00
$3788.00

Kk. O. A. PESTIANA,
Collector of Custom.
98 THE ANTIGUA, MONTSERRRT & VIRGIN ISLANDS GAZETTE [April 16, 1964.

SratmmentT oF Currency Notes anp Corn In Circulation IN THE British CARIBBEAN
Territories (Eastern Group) on Isr Marcu, 1964.

















Notes. Coins.

Average circulation during Jannary, 1964:— $ $

British Caribbean Currency 105,479,207. . 5,405,143

Demonetised Govt. notes 963,492

$106,442,699 $5,405,143

British Caribbean Notes & Coins in

circulation on lst March, 1964:—

Trinidad & Tobago 40,369,501 2,480,371

Barbados 5,899,425 812,875

British Guiana 37,800,980 1,124,077

Grenada 5,543,100 213,800

St. Vincent 967,300 121,825

St. Lucia 1,503,253 150,200

Dominica 2,490,400 125,650

Antigua 5,700,800 202,300

St. Kitts 113,900 145,475

Montserrat 261,900 26,700

“ Proof sets of Coins” — 1,870
Total British Caribbean notes & coins in circulation —_—_———— —

on Ist March, 1964 $100,650,559 $5,405,143
Demonetised Govt. notes outstanding on 1st March, 1964:—

Trinidad & Tobago $664,813

British Guiana 231,780

Barbados 62,901
Total demonetised Govt. notes outstanding 959,494 _—
Total circulation on 1st March, 1964 $101,610,053 $5,405,143





Asa result of the enactment of Exchange Oontrol legislation in British Guiana, movements of currency notes by travellers from
that Territory to other Territories participating in the Ourrency Agreement appear to have become abnormal. since 1962 and
the circulation in some Territories, on the busis of issues less withdrawals, adjusted to take account of Bunk transfers, has in
consequence become unreulistic and in fact misleading.

W. B. Brown,

British Caribbean Currency Board, Executive Commissioner,

Treasury Bulding, British Caribbean Currency Board.
Port of Spiain, Trinidad, W.1.

Printed at the Government Printing Office, Antigua, Leeward Islands.
By Ronext Linpsay, Government Printer.—By Authority.
1964.

‘Frice $1.10)
STATUTORY INSTRUMENTS







\ 1963 No. 1681
MERCHANT SHIPPING

The Merchant Shipping (Registration of Colonial
Government Ships) Order 1963

Made see 27th September 1963
Laid before Parliament see 3rd October 1963
Coming into Operation —s._ dth October 1963
At the Court at Balmoral, the 27th day of September 1963
‘ Prosent,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exeroise of the powers vested in Her by section 80 of the Merchant
Shipping Act 1906(a) and of all other powers enabling Her in that behalf, is
pleased, by and with the advice of Her Privy Council; to order, and it is hereby
ordered, as follows:—

Citation and commencement

1. This Order may be cited as the Merchant Shipping (Registration of
Colonial Government Ships) Order 1963 and shall come into operation on 5th
October 1963.

Interpretation

2.—(1) In this Order, unless the context otherwise requires, the expression—
“Government” means one of the Governments specified in the first
column of Schedule 1 to this Order;

“authorised officer” in relation to a Government means (subject to sub-
section (2) of this section) the officer specified in the second column of Schedule 1
to this Order opposite to the name of the Government;

“principal Act”? means the Merchant Shipping Act 1894(p).

(2) Unless the context otherwise requires, anything required or authorised by
this Order—

(a) to be done by a Government may be done by the authorised officer;

(b) to be done by an authorised officer may be done either by an officer
nominated by the authorised officer or by one of the Crown Agents for
Oversea Governinents and Administrations.

(3) The Interpretation Aot 1889(c) shall have effect for the interpretation of
and otherwise in relation to this Order as it has effect for the interpretation of and
otherwise in relation to an Act of Parliament of the United Kingdom.

(a) 6 Edw, 7, c. 48, (b) 57 & 58 Vict. o. 60, (c) 52 & 53 Vict. o 63,
Form of application for registry

3. An application for the registry of a Government ship in the service ofa
Government shall—

(@) contain a statement of the following particulars—
(i) the name and description of the ship;
(ii) the me when and the place where the ship was built or if the
‘ship was foreign built a statement to that effect, and of the
foreign name of the ship;

(iii) the nature of the title to the ship, whether by original construc-
tion by or for the authority or by purchase, capture, condemnation
or otherwise, and where the ship was not originally constructed
by or for the Government, a list of the documents of title;

(iv) the name of the master;

(b) be made by an authorised officer.

Procedure by Registrar

4. The Registrar on receiving an application for registry of a Government
ship in the service of a Government shall—

(a) register the ship by entering in the Register Book—

(i) the name of the ship as belonging to Her Majesty represented by
the Government or, as the cage may be, as held by the Govern-
ment on behalf of or for the benefit of the Crown;

(ii) the port to which the ship belongs;

(iii) the particulars stated in the application for registry; and

(iv) the particulars set forth in the Surveyor’s certificate; and

(4) retain in his possession the application for registry, any documents of
title therein referred to and the Surveyor’s certificate. :

«

Transfer of registered ships

5. Upon the transfer by bill of sale of a registered Government ship i in the
service of a Government—

(a) the Government shall be the transferor;
(b) the bill of sale shall—

(i) be in the Form A in Schedule 1 to the principal Act, with the
omission of the covenant prescribed in that Form;
(ii) be signed by the authorised officer on behalf of the transferor.

Certificate of Sale

6. An application in respect of a registered Government ship in the service

of a Government for sucli a certificate of sale as is referred to in sections 39 to 42

and 44 to 46 of the principal Act may be nade by the authorised officer of me
Government.

Registration of ship’s manager

9. The person to whom the sanagement of a registered Government ship
in the service.of a Government is entrusted by ths Government shall be registered
in accordance with section 59(2) of the principal Act.
Application of Merchant Shippiny Acts

8. Section 1 and sections 8 to 12 inclusive of the principal Act and sections
3 and 0 of the Merchant Shipping (Mercantile Marine Fund) Act 1898(a) shall
not apply in relation to Government ships:

Provided that no provision of the Merchant Shipping Acts 1894 to 1960 which
according to a reasonable construction would not apply in relation to Government
ships in the service of a Government shall be deemed to apply in relation to such
ships by reason only that its application. is not hereby expressly excluded.

Revocations

9. The Orders in Council set forth in Schedule 2 to this Order are revoked.

W. G. Agnew.
SCHEDULE 1 Section 2
(1) (2)
Authorised Officer
The Government of Aden woe oes wee The High Commissioner
The Government of Antigua eee eee wee The Administrator
The Government of Barbados... toe oes The Permanent Secretary,

Ministry of Communica-
tion, Works and Housing

The Government of the Colony of the Falkland Islands The Colonial Secretary

The Government of Fiji we wee eos The Colonial Seoretary
The Government of Hong Kong ... we wes The Colonial Secretary
The Government of Mauritius ... wee vee The Chief Secretary

The Government of Saint Christopher Nevis The Administrator

and Anguilla

The Government of Seychelles ... vee soo The Colonial Seoretary
The Government of the Virgin Islands - The Administrator
SCHEDULE 2 Section 9

ORDERS IN COUNCIL REVOKED

The Order in Council made 25th June 1925 making regulations as to the
Registration of Vessels in the Service of the Government of the Falkland
Islands(b).

The Order in Council made 4th November 1938 making regulations as to
Registration as British Ships of Vessels in the Service of the Government of
Fiji(c)



(a) 61 & 62 Vict. o, 44, (b) S.B. & O. 1926/604 (Rev. XIV, p 74: 1925, p. 1082),
(ce) S.R. & O. 1988/1331 (Rev, XIV, p, 76: 1938 LI, p. 2054),
4

EXPLANATORY NOTE

(This Note is not part of the Order, but is intended to indicate
its general purport.)

This Order makes provision under section 80 of the Merchant Shipping Act
1906 for the purpose of the registration as British ships of ships belonging to or
operated by the Governments of certain overseas territories.

Printed at the Government Printing Office, Antigua, Leeward Islands,
by Rosert Linpsay, Government Printer.—By .\uthority .
1964,
420—4.64. [Price 11 cts.]
No. 11 of 1961. Limitation, MONTSERRAT.

[L.S.]
I Assent,
H. BurroweEs,
Acting Administrator,
31st August, 1961

MONTSERRAT.
No. 11 of 1961.

An Ordinance relating to the limitation of actions
and Arbitrations.
| 31st August 1961.] Commence-

ment.
BE IT ENACTED by the Queen’s Most
Excellent Majesty, by and with the advice and con-
sent of the Legislative Council of Montserrat, and
by the authority of the same as follows:—

PART I
PRELIMINARY.

1. This Ordinance may be cited as the Limi- short Title
tation Ordinance, 1961. co

2. (1) In this Ordinance, unless the context Interpreta-
otherwise requires, the following expressions have
the meanings hereby respectively assigned to them:—

‘* Action” includes any proceeding in a court
of law;

“Duty ” includes any debt due to Her Majesty;

‘‘ Foreshore’ means the shore and bed of the
sea and of any tidal water, below the line
of the medium high tide between the
spring tides and the neap tides;
MonrsERrRatT,

Cap. 8.

Oap. 98

Cap, 34

2 Limitation. No. 11 of 1961.

‘‘ Land” includes corporeal hereditaments, and
rentcharges, and any legal or equitable
estate or interest therein, including an
intérest in the proceeds of the sale of land
held upon trust for sale, but save as
aforesaid does not include any incorporeal
hereditament;

“Parent” has the same meaning as in the
Fatal Accidents Act;

‘Personal Kstate” and “personal property ”’
do not include chattels real;

“Rent” includes a rentcharge and a rentser-
vice;

‘‘ Rentcharge”” means any annuity or periodi-
cal sum of money charged upon or pay-
able out of land, or a rent service or
interest on a mortgage on land;

“Settled land” and “tenant for life’ have
the same meaning respectively as in the
Settled Estates Act;

“Ship ” includes every description of vessel
used in navigation not propelled by oars;

“ Trust’ and ‘trustee’ have the same mean-
ings respectively as in the Trustee Ordi-
nance, 1961;

“‘ Trust for sale” has the sume meaning as in
the Trustee Ordinance, 1961.

(2) For the purposes of this Ordinance, a
person shall be deemed to. be under a disability
while he is an infant, or of unsound mind, ora
convict subject to the operation of the Forfeiture
Act, in whose case no Administrator or curator has
been appointed under that Act.

(3) For the purposes of the last foregoing
subsection but without prejudice to the generality
thereof, « person shall be conclusively presumed to
be of unsound mind while he is detained in pur-
suance of any enactment authorising the detention

of persons of unsound mind or criminal lunatics.
No. 11 of 1961. Limitation. 3 Montserrat.

(4) A person shall be deemed to claim through
another person, if he became entitled by, through,
under, or by the act of that other person to the
the right claimed, and any person whose estate or
interest might have been barred by a person entitled
to un entailed interest in possession shall be deemed
to claim through the person so entitled:

Provided that a person becoming entitled to
any estate or interest by virtue of a special power
of appointment shall not be deemed to claim
through the appointor.

(5) References in this Ordinance to a right of
action to recover land shall include references to a
right to enter into possession of the land’ or, in the
case of rentcharges, to distrain for arrears of rent,
and references to the bringing of such an action
shall include references to the making of such an
entry or distress.

(6) References in this Ordinance to the pos-
session of land shall, in the case of rentcharges, be
construed as references to the receipt of the rent,
and references to the date of dispossession or dis-
continuance of possession of land shall be construed
as references to the date of the last receipt of rent.

(7) In Part II of this Ordinance references to
a right of action shall include references to a cause
of action and to a right to receive money secured by
a mortgage or charge on any property or to recover
proceeds of the sale of land, and to a right to
recover proceeds of the sale of land, and toa right
to receive a share or interest in the personal estate
of a deceased person; and references to the date of
the accrual of a right of action shall—

(a) in the case of an action for an account,
he construed as references to the date on which
the matter arose in respect of which an account
is claimed ;

(b) in the case of an action upon a judg-
ment, be construed as references to the date on
which the judgment became enforceable;
MonrsmRRAtT,

Part II to be
subject to
provisions of
Part III
relating to
disability,
acknowledg-
ment, fraud,
etc.

Limitation of
actions of
contract and
tort, and cer-
tain other
actions.

4 ‘Limitation. No. 11 of 1961.

(c) in the case of an action to recover
arrears of rent, dower or interest, or damages
in respect thereof, be construed as references
to the date on which the rent, dower or inter-
est became due.

PART II

Period of Limitation for different Classes
of action.

3. The provisions of this Part of this Ordi-
nance shill have effect subject to the provisions of
Part ILI of this Ordinance which provide for the
extension of the periods of limitation in the case of
of disability, acknowledgment, part payment, fraud
and mistake.

ACTIONS OF CONTRACT AND TORT AND
CERTAIN OTHER ACTIONS.

4. (1) The following actions shall not be
brought after the expiration of six years from the
date on which the cause of action accrued, that is
to say:—

(a) actions founded on simple contract or
on tort;

(6) actions to enforce a recognisance;

(c) actions to enforce an award, where
the submission is not by an instrument under
seal;

(d) actions to recover any sum _ recover-
able by virtue of any enactment, other than a
penalty or forfeiture or snm by way of penalty
or forfeiture.

(2) an action for an account shall not be
brought in respect of any matter which arose more
than six years before the commencement of the
action.

(3) An action upon a specialty shall not be
brought after the expiration of twelve years from

the date on which the cause of action accrued:
No. 11 of 1961. Limitation. 5

Provided that this subsection shall not affect
any action for which a shorter period of limitation
is prescribed by any other provision of this Ordi-
nance.

(4) Any action shall not be brought upon any
judgment after the expiration of twelve years from
the date on which the judgment became enforceable,
and no arrears of interest in respect of any judg-
ment debt shall be recovered after the expiration of
six years from the date on which the interest
became due.

(5) An action to recover any penalty or
forfeiture, or sum by way of penalty or forfeiture,
recoverable by virtue of any enactment shall not be
brought after the expiration of two years from the
date on which the cause of action accrued:

Provided that the purposes of this subsection
the expression “penalty ” shall not include a fine
to which any person is liable on conviction of a
criminal offence.

(6) Subsection (1) shall apply to an action to
recover seamen’s wages, but save as aforesaid this
section shall not apply to any cause of action
within the Admiralty jurisdiction of the Supreme
Court which is enforceable in rem.

(7) This section shall not apply to any claim
for specific performance of a contract or for an
injunction or for other equitable relief, except in so
far as any provision thereof may be applied by the
Court by analogy in like manner as the correspond-
ing enactment repealed by this Ordinance has
heretofore been applied.

5. (1) Where any cause of action in respect
of the conversion of wrongful detention of a chattel
has accrued to any person and, before he recovers
possession of the chattel, a further conversion or
wrongful detention takes place, no action shall] be
brought in respect of the further conversion or
detention after the expiration of six years from
the accrual of the cause of action in respect of the
original conversion on detention.

Monrsmprat.

Limitation
in ca e of
successive
conversions
and extinc-
tion of title
of owner of
converted
goods,
Monrserrat.

Limitation
of actions to
recover land.

6 Limitation. No. 11 of 1961.

(2) Where any such cause of action has
accrued to any person and the period prescribed for
bringing that action and for bringing any action in
respect of such a further conversion or wrongful
detention as aforesaid has expired and he has not
during that period recovered possession of the
chattel, the title of that person to the chattel shall
be extinguished. |

ACTIONS TO RECOVER LAND AND RENT.

6. (1) No action shall be brought by the
Crown to recover any land after the expiration of
thirty years from the date on which the right of
action accrued to the Crown or, it it first accrued to
some person through whom the Crown claims, to
that person:

Provided that an action to recover foreshore
may be brought by the Crown at any time before
the expiration or sixty years from the said date,
and where any right of action to recover land,
which has ceased to be foreshore but remains in the
ownership of the Crown, accrued when the land
was foreshore, the action may be bronght at any
time before the expiration of sixty years from the
date of the accrual of the right of action, or of
thirty years from the date when the land ceased to
be foreshore, whichever period first expires.

(2) No action shall be brought by any spiri-
tual or eleemosynary corporation sole to recover
any land after the expiration of thirty years from
the date on which the right of action accrued to
the corporation sole or, if it first accrued to some
person through whom the corporation sole claims,
to that person.

(3) No action shall be brought by any other
person to recover any land after the expiration of
twelve years from the date on which the right of
action accrued to him or, if it first accrued to some
person through whorn he claims, to that person :

Provided that, if the right of action first
acerned to the Crown or a spiritual or eleemosy-
nary corporation sole through whom the person
bringing the action claims, the action may be
No, 11 of 1961. Limitation. 7

brought at any time before the expiration of the
period during which the action could have been
brought by the Crown or the corporation sole, or
of twelve years from the date on which the right
of action accrued to some person other than the
Crown or the corporation sole, whichever period
first expires.

7. (1) Where the person bringing an action
to recover land, cr some person through whom he
claims, has been in possession thereof and has
while entitled thereto been dispossessed or discon-
tinued his possession, the right of action shall be
deemed to have accrued on the date of the dis-
possession or discontinuance.

(2) Where any person brings an action to
recover any land of a deceased person, whether
under a will or on intestacy, and the deceased
person was on the date of his death in possession
of the land or, in the case of a rent-charge created
by will or taking effect upon his death. in posses-
sion of the land charged, and was the last person
entitled to the land to be in possession thereof, the
right of action shall be deemed to have accrued on
the date of his death.

+ (3) Where any person brings an action to
recover lund, being an estate or interest in posses-
sion assured otherwise than by will to him, or to
some person through whom he claims, by a person
who, at the date when the assurance took effect,
was in possession of the land or, in the case of a
rentcharge created by the assurance in possession
of the land: charged, and no person has been in
possession of the land by virtue of the assurance,
the right of action shall be deemed to have accrued
on the date when the assurance took effect.

8. (1) Subject as hereafter in this section
provided, the right of action to recover any land
shall, in a case where the estute or interest claimed
was an estate or interest in reversion or remainder
or any other future estate or interest and no
person has taken possession of the land by. virtue
of the estate or interest claimed, be deemed to have
accrued on the date on which the estate or interest
fell into possession by the determination of the
preceding estate or interest.

MontTs#RRAT.

Accrual of
right of
action in case
of present
interest in
land,

Accrual of
right of
action in case
of future
interests.
Monrsrnrat,

8 Limitation. No. 11 of 1961.

(2) If the person entitled to the preceding
estate or interest, was not in possession of the
land on the date of the determination thereof, no
action shall be brought by the person entitled to
the succeeding estate or interest after the expira-
tion of twelve years from the date on which the
the right of action accrued to the person entitled
to the preceding estate or interest, or six years
from the date on which the right of action accrued
to the person entitled to the succeeding estate or
interest, whichever period lust expires :

Provided that, where the Crown or a spiritual
or eleemosynary corporation sole is entitled to the
succeeding estate or interest, the foregoing provi-
sions of this subsection shall have effect with the
substitution for the reference to twelve years of a
reference to thirty years, and for the reference to
six years of a reference to twelve years.

(3) The foregoing provisions of this section
shall not apply to any estate or interest which falls
into possession on the determination of an entailed
interest and which might have been barred by the
person entitled to the entailed interest.

(4) No person shall bring an action to
recover any estate or interest in land under an
assurance taking effect after the right of action to
recover the land had accrued to the person by
whom the assurance was made or some person
throngh whom he claimed or some persou through
whom he claimed or some person entitled to a
preceding state or interest, unless the action is
brought within the period during which the person
by whom the assurance was made could have
brought such an action.

(5) Where any person is entitled to any
estate or interest in land in possession and, while
so entitled, is also entitled to any future estate or
interest in that land, and his right to recover the
estate or interest in possession is barred under this
Ordinance, no action shall be brought by that
person, or by any person claiming through him, in
respect of the future estate or intcrest, unless in the
meantime possession of the land has been recovered
by a person entitled to an intermediate estate or
interest.
No. 11 of 1961. Limitation. 9

Q. (1) Subject to the provisions of sub-
section (1) of section 19, the provisions of this
Ordinance shall apply to equitable interests in
land, including interests in the proceeds of the sale
of land held upon trust for sale, in like manner as
they apply to legal estates, and accordingly a right
of action to recover the land shall, for the purposes
of this Ordinance but not otherwise, be deemed to
accrue to a person entitled in possession to such an
equitable interest in the like manner and circum-
stances and on the same date as it would accrue if
his interest were a legal estate in the land.

(2) Where the period prescribed by this
Ordinance has expired for the bringing of an
action to recover land by a tenant for life of settled
land, his legal estate shall not be extinguished, if
and so long as the right of action to recover the
land of any person entitled to a beneficial interest
in the land either hes not accrued or has not been
barred by this Ordinance, and the legal estate shall
accordingly remain vested in the tenant for life and
shall devolve in accordance with the Settled
Estates Act; but if and when every such right of
action as aforesaid has been barred by this Ordi-
nance, the suid legal estate shall be extinguished.

(3) Where any land is held upon trust in-
cluding a trust for sale, and the period prescribed
by this Ordinance has expired for the bringing of
an action to recover the land by the trustees, the
estate of the trustees shall not be extinguished if
and so long as the right of action to recover the
land of any person entitled to a beneficial interest
in the land or in the proceeds of sale either has
not accrued or has not been barred by this Ordi-
nance, but if and when every such right of action
has been so barred, the estate of the trustees shall
be extinguished.

(4) Where any land is held upon trust,
including a trust for sale, an action to recover the
land may be brought by the trustees on behalf of
any person entitled to a beneficial interest in
possession in the land or in the proceeds of sale

MONTSERRAT.

Provisions in
case of settled
land and land
held on trust.
Monrexerat.

Accrual of
right of
aetion in case
forfeiture of
or breach of
condition,

Accrual of
right of
action in case

of certain ten-

uncies,

10 Limitation. No. 11 of 1961.

whose right of action has not been barred by this
Ordinance, notwithstanding that the right
of action of the trustees would apart from this
provision have been barred by this Ordinance.

(5) Where any settled land or any land held
on trust for sale is in the possession of a person
entitled to a beneficial interest in the land or in the
proceeds of sale, not being a person solely and
absolutely entitled thereto, no right of action to
recover the land shall be deemed for the purposes
of this Ordinance to accrue during such possession
to any person in whom the land is vested as tenant
for life, or trustee, or to any other person entitled
to a beneficial interest in the land or the proceeds
of sale.

10. A right of action to recover land by
virtue of a forfeiture or breach of condition shall
be deemed to have accrued on the date on which
the forfeiture was incurred or the condition
broken:

Provided that, if such a right has accrued to a
person entitled to an estate or interest in reversion
or remainder and the land was not recovered by
virtue thereof, the right of action to recover the
land shall not be deemed to Have accrued to that
person until his estate or interest fell into posses-
sion, as if no such forfeiture or breach of condition
had occurred.

11. (1) A tenancy at will shall, for the
purposes of this Ordinance, be deemed to be deter-
mined at the expiration of a period of one year
from the commencement thereof, unless it has
previously been determined, and accordingly the
right of action of the person entitled to the land
subject to the tenancy shall be deemed to have
accrued on the date of such determination.

(2) A tenancy from year to year or other
period, without a leuse in writing, shall, for the
purposes of this ordinance, be deemed to be
determined at the expiration of the first year or
other period, and accordingly the right of action of
the person entitled to the land subject to the
tenancy shall be deemed to have accrued at the
date of such determination:
No. 11 of 1961. Limitation. 11 Monrszezar.

Provided that, where any rent has sub-
sequently been received in respect of the tenancy,
the right of action shall be deemed to have accrued
on the date of the last receipt of rent.

(3) Where any person is in possession of
land by virtue of a lease in writing by which a
rent of not less than five dollars is reserved, and
the rent is received by some person wrongfully
claiming to be entitled to the land in reversion
immediately expectant on the determination of the
lease, and no rent is subsequently received by the
person rightfully so entitled, the right of action of
the last-named person to recover the land shall be
deemed to have accrued at the date when the rent
was first received by the person wrongfully claim-

ing ss aforesaid and not at the date of the

determination of the lease.

(4) Subsections (1) and (3) shall not apply to
any tenancy at will or lease granted by the Crown.

12. (1) No right of action to recover land
shall be deemed to accrue unless the land is in
the possession of some person in whose favour the
period of limitation can run (hereafter in this
section referred to as “adverse possession ”’)
and where under the foregoing provisions of this
Ordinance any such right of action is deemed to
accure on a certain date and no person is in adverse
possession on that date, the right of action shall not
be deemed to accrue unless and until adverse posses-
sion is taken of the land.

(2) Where a right of action to recover land

Right of
action not
to accrue or
continue un-
less there is
adverse pos-
session.

has accrued and thereafter, before the right is _

barred, the land ceases to be in adverse possession,
the right of action shall no longer be deemed to have
accrued and no fresh right of action shall be deemed
to accrue unless and until the land is again taken
into adverse possession.

(3) For the purposes of this section—
(a) possession of any land subject to a

rent charge by a person (other than the person
entitled to the rent charge) who does not pay
the rent shall be deemed to be adverse
possession of the rent charge; and
Montserrat,

Cure of
defective
disentailing
assurance,

Limitation
of redemption
actions.

No right of
aotion to be
preserved by
formal entry
or continual
olaim,

Administra-
tion to date

bavk to death,

12 Limstation. No. 11 of 1961.

(b) receipt of rent under a lease by a
person wrongfully claiming, in accordance
with subsection (3) of the last foregoing
section, the land in reversion shall be deemed
to be adverse possession of the land.

18. Where a person entitled in remainder to
an entailed interest in any land has made an
assurance thereof which fails to bar the issue in
tail or the estates and interests taking effeot on the
determination of the entailed interest, or fails to
bar the last-mentioned estates and interests only,
und any person takes possession of the land by
virtue of the assurance, and that person or any
other person whatsoever (other than a person
entitled to possession by virtue of the settlement)
is in possession of the land for a period of tivelve
years from the commencement of the time at which
the assurance, if it had then been executed by the
person entitled to the entailed interest, would have
operated, without the consent of any other person,
to bar the issue in tail and such estates and interests
as aforesaid, then, at the expiration of that period,
the assurance shall operate, and be deemed always
to have operated, to bar the issue in tail and those
estates and interests.

14. Whena mortgagee of land has been in
possession of any of the mortgaged land for a
period of twelve years, no action to redeem the land
of which the mortgagee has been so in possession
shall thereafter be brought by the mortgagor or any
person claiming through him.

15. For the purpose of this Ordinance, no
person shall be deemed to have been in possession
of any land by reason only of having made a formal
entry thereon, and no continual or other claim upon
or near any land shall preserve any right of action
to recover the land.

16. For the purposes of the provisions of
this Ordinance relating to actions for the recovery
of land, an administrator of the estate of a deceased
person shall be deemed to cluim as if there had been
no interval of time between the death of the deceased

_ person and the grant of the letters of administration.
No. 11 of 1961. Limitation. 13

17. No action shall be brought, or distress
made, to recover arrears of rent, or damages in
respect thereof, after the expiration of six years
from the date on which the arrears became due.

ACTIONS TO RECOVER MONEY SECURED BY A
MORTGAGE OR CHARGE OR TO RECOVER
PROCEEDS OF THE SALE OF LAND.

18. (1) No action shall be brought to recover
any principal sum of money secured by a mortgage
or other charge on property, whether real or
personal, or to recover proceeds of the sale of land,
after the expiration of twelve years from the date
when the right to receive the money accrued.

(2) No foreclosure action in respect of mort-
gaged personal property shall be brought after the

expiration of twelve years from the date on which

the right to foreclose accrued:

Provided that if, after that date the mortgagee
was in possession of the mortgaged property, the
right to foreclose on the property which was in his
possession shall not, for the purposes of this sub-
section, be deemed to have accrued until the date
on which his possession discontinued :

(3) The right to receive any principal sum of
money secured by a mortgage or other charge and
the right to foreclose on the property subject to the
mortgage or charge shall not be deemed to accrue
so long as that property comprises any future
interest or any life insurance policy which has not
matured or been determined.

(4) Nothing in this section shall apply to
foreclosure action in respect of mortgaged land, but
the provisions of this Ordinance relating to actions
to recover land shall apply to such an action. |

(5) No action to recover arrears of interest
payable in respect of any sum of money assured by
a mortgage or other’charge or payable in respect of
proceeds of the sale of land, or to recover damages
in respect of such arrears shall be brought after the
expiration of six years from the date on which the
interest became due:

MonTSERRAT.

Limitation of
actions to
recover rent,

Limitation of
actions to
recover money
secured by a
mortgage or
charge or to
revover pro-
ceeds of the
sale of land.
MonTsERRaT,

Limitation of
actions in
respect of
trust property,

14 Tamitation. No. 11 of 1961.
Provided that—

(a) where a prior mortgagee or other
incumbrancer has been in possession of the
property charged, and an action is brought
within one year of the discontinuance of such
possession by the subsequent incumbrancer, he
may recover by that action all the arrears of
interest which fell due during the period of
possession by the prior incumbrancer or dam-
ages in respect thereof, notwithstanding that
the period exceeded six years;

(6) where the property subject to the
mortgage or charge comprises any future
interest or life insurance policy and it isa term
of the mortgage or charge that arrears of
interest shall be treated as part of the principal
sum of money secured by the mortgage or
charge, interest shall not be deemed to become
due before the right to receive the principal
sum of money has accrued or is deemed to
have accrued.

(6) This section shall not apply to any mort-
gage or charge on any ship.

ACTION IN RESPECT OF TRUST PROPERTY OR THE
PERSONAL ESTATE OF DECEASED PERSONS.

19. (1) No period of limitation prescribed
by this Ordinance shall apply to an action by a
beneficiary under a trust, being an action—

(a) in respect of any fraud or fraudulent
breach of trust to which the trustee was a
party or privy; or

(6) to recover from the trustee trust
property or the proceeds thereof in possession
of the trustee, or previously received by the
trustee and converted to his use.

(2) Subject as aforesaid, an action by a bene-
ficiary to recover trust property or in respect of any
breach of trust, not being an action for which a
period of limitation is prescribed by any other
provision of this Ordinance, shall not be brought
after the expiration of six years from the date on

which the right of action accrued:
No. 11 of 1961. Limitation. 15 Monrsrrpat.

Provided that the right of action shall not be
deemed to have accrued to any beneficiary entitled
to a future interest in the trust property, until the
interest fell into possession.

(3) No beneficiary as against whom there
would be a good defence under this Ordinance shall
derive any greater or other benefit from a judgment
or order obtained by any other beneficiary than he
could have obtained if he had brought the action
and this Ordinance had been pleaded in defence.

, 20. Subject to the provisions of subsection
(1) of the last foregoing section, no action in respect
of any olaim to the personal estute of a deceased
person or to any share or: interest in such estate,
whether under a will or on intestacy shall be brought
after the expiration of twelve years from the date
when the right to receive the share or interest
accrued, and no action to revover arrears of interest
in respect of any legacy, or damages in respect of
such arrears, shall be brought after the expiration
of six years from the date on which the interest
became due.

PART III.

Extension of limitation periods in case of
Disability, acknowledgement, part
payment fraud and mistake.

DISABILITY.

21. If on the date when any right of action
accrued for which a period of limitation is prescribed
by this Ordinance, the person to whom it accrued
was under a disability, the action may be brought
at any time before the expiration of six years, or in
the case of actions to which this section applies, one
year from the date when the person ceased to be
under a disability or died, whichever event first
occurred, notwithstanding that the period of limita-
tion has expired:

Provided that—

(a) this section shall not affect any case
where the right of action first accrued to some
person (not under a disability) through whom
the person under a disability claims;

Limitation of
actions claim-
iug personal
estate of a
deceased
person,

Extension of
limitation
period in case
of disability.
MONTSERRAT,

Cap. 17.

Fresh accrual
of action on

acknowledg-
ment or part
payment,

16 Limitation. No. 11 of 1961.

(6) when a right of action which has
accrued to a person under a disability accrued
on the death of that person while still under a
disability, to another person under a disability,
no further extension of time shall be allowed
by reason of the disability of the second person;

(c) no actien to recover land or money
charged on land shall be brought by virtue of
this section by any person after the expiration
of thirty years from the date on which the
right of action accrued to that person or some
person through whom he claims;

(a) this section, so far as it relates to the
disability of infancy or unsoundness of mind,
shall not apply to any action to which the
-Public Authorities Protection Act applies,
unless the plaintiff proves that the person
under a disability was not, at the time when
the right of action accrued to him, in the
custody of « parent; and

(e) this section shall not apply to any
action to recover a penalty or forfeiture, or
sum by way thereof, by virtue of any enact-
ment, except where the action is brought by
an aggrieved party.

ACKNOWLEDGEMENT AND PART PAYMENT

22. (1) Where there has accrued any right
of action (including a foreclosure action) to recover
land or any right of a mortgagee of personal
property to bring a foreclosure action in respect of
the property, and—

(a) the person in possession of the land,
or personal property acknowledges the title of
the person to whom the right of action has
accrued; or ‘

(6) in the case of a foreclosure or other
action by a mortgagee, the person in possession
as aforesaid or the person liable for the mort-
gage debt makes any payment in _ respect

thereof, whether of principal or interest;
No. 11 of 1961. Limitation, 17

the right shall be deemed to have accrued on and
not before the date of the acknowledgement or
payment.

(2) The foregoing subsection shall apply to a
right of action to recover land accrued to a person
entitled to an estate or interest tanking effect on the
determination of an entailed interest against whom
time is running under section 13 of this Ordinance,
and on the making of the acknowledgement that
section shall cease to apply to the land.

(3) Where a mortgagee is by virtue of the
mortgage in possession of any mortgaged land and
either receives any sum in respect of the principal or
interest of the mortgage debt or acknowledges the
the title of the mortgagor, or his equity of redemp-
tion, an action.to redeem the land in his possession
may be brought at any time before the expiration
of twelve years from the date of the payment or
acknowledgement.

(4) Where any right of action has accrued to
recover any debt or other liquidated pecuniary
claim, or any claim to the personal estate of a
deceased person or to any share or interest therein,
and the person liable or accountable therefor
acknowledges the claim or makes any payment in
respect thereof, the right shall be deemed to have
accrued on and not before the date of the acknow-
ledgement or the last payment:

Provided that a payment of the part of the
rent or interest due at any time shall not extend
the period for claiming the remainder then due, but
any payment of interest shall be treated as a pay-
ment in respect of the principal debt.

23. (1) Every such acknowledgment as
aforesaid shall be in writing und signed by the
person making the acknowledgment.

(2) Any such acknowledgment: or payment
as aforesaid may be made by the agent or the per-
son by whom it is required to be made under the
last foregoing section, and shall be made to the
person, or to an agent of the person, whose title or
claim is being acknowledged or, as the case may be,
in respect of whose claim the payment is being
nade.

MontTsERRAT.

Formal pro-
visions as to
acknowledg-

‘ments and ~

part payments,
Montserrat.

Effect of aek-
nowledement
or part. puy-
ment on
Persons Other
than the
muker or
recipient.

18 Limitation. No. 11 of 1961.

24. (1) An acknowledgment of the title to
any land, or mortgaged personality, by any person
in possession thereof shall bind all other persons in
possession during the ensuing period of limitation.

(2) A payment in respect of a mortgage debt
by the mortgagor or any person in possession of
the mortgaged property shall so far as any right
of the mortgagee to foreclose or otherwise to
recover the property is concerned, bind all other
persons in possession of the mortgaged property
during the ensuing period of limitation.

(3) Where two or more mortgagees are by
virtue of the mortgage in possession of the mort-
gaged land, an ucknowledgment of the mortgagor’s
title or of his equity of redemption by one of the
mortagees shal] only bind him and his successors,
and shall not bind any other mortagee or his
successors, and where the mortgagee by whom the
acknowledgment is given is entitled to a part of
the mortgage land and not to any ascertained part
of the mortgage debt, the mortgagor shall be
entitled to redeem that part of the land on payment,
with interest, of the part of the mortgage debt
which bears the same proportion to the whole of
the debt as the value of the part of the land bears
to the whole of the mortgaged land.

(4) Where there are two or more mortgagors,
and the title or right to redemption of one of the
mortgagors is acknowledged as aforesaid, the
acknowledgment shall be deemed to have been
made to all the mortgagors. .

(5) An acknowledgment of any debt or other
liquidated pecuniary claim shall bind the acknow-
ledgor and his suceessors but not any other person:

Provided that an acknowledgment made after
the expiration of the period of limitation prescribed
for the bringing of an action to recover the debt or
other claim shall not bind any successor on whom
the liability devolves on the determination of a
preceding estate or interest in property under a
settlement taking effect before the date of the
acknowledgment.
No. 11 of 1961. Limitation. . 19

(6) A payment made in respect of any debt
or other liquidated pecuniary claim shall bind all
persons liable in respect thereof:

Provided that a payment made after the
expiration of the period of limitation prescribed for
the bringing of an action to recover the debt or
other claim shall not bind any person other than
the persons making the payment and his successors,
and shall not bind any successor on whom the
liability devolves on the determination of a preced-
ing estate or interest in property under «a settlement
taking effect before the date of the payment.

(7) An acknowledgment by one of several
personal representatives of any claim to the personal
estate of a deceased person, or to any share or
interest therein, or a payment by one of several
personal representatives in respect of any ‘such
claim shall bind the estate of the deceased
person. "

(8) In this section the expression “ successor”
in relation to any mortgagee or person liable i in
respect of any debt or claim, means. his personal
representatives and any other person on whom the
rights under the mortgage or, as the case may be,
the liability in respect of the debt or claim devolv e,
whether on death or bankruptcy or the disposition
of property or the determination of a limited estate
or interest in settled property or otherwise.

Fraup AND MISTAKE.

25. Where, in the case of any action for
which a period of limitation is prescribed by this
Ordinance, either—

(a) the action is based upon the fraud of
the defendant or his agent or of any person
through whom he claims or his agent, or

(0) the right of action is concealed by
the fraud of any such person as aforesaid, or

(c) the action is for relief from the
consequences of a mistake,

MonTSERRAT.

Postpone-
ment of
limitation
period in case
of fraud or
mistake.
MONTSERRAT.

Application
cf Ordinance
and other
Limitation
enactinents to
arbitrations.

20 Limitation. - No. 11 of 1961.

the period of limitation shall not begin to run
until the plaintiff has discovered the fraud or the
mistake, as the case may be, or could with reason-
able diligence have discovered it:

Provided that nothing in this section shall
enable any action to be brought to recover, or
enforce any charge against, or set aside any trans-
action affecting, any property which—

(i) in the case of fraud, has been pur-
chased for valuable consideration by a person
who was not a party to the fraud and did not
at the time of the purchase know or have
reason to believe that any fraud had been
committed, or

(ii) in the case of mistake, has been
purchased for valuable consideration, subse-
quently to the transaction in which the mis-
take was made, by a person who did not know
or have reason to believe that the mistake had
been made,

Parr LY.
GENERAL.

26. (1) This Ordinance and’ any other
enactment relating to the limitation of action shall
ap »ly to arbitrations as they apply to actions in the
Supreme Court.

(2) Notwithstanding any term in an arbitra-
tion agreement to the effect that no cause of action
shall accrue in respect of any matter required by
the agreement to be referred until an award is
made under the agreement, the cause of action
shall, for the purpose of this Ordinance and of any
other such enactment (whether in their application
to arbitrations or to other proceedings), be deemed
to have accrued in respect of any such matter at
the time when it would have accrued but for that
term in the agreement.

(3) For the purpose of this Ordinance and of
any such enactment as aforesaid, an arbitration
shall be deemed to be commenced when one party
to the arbitration serves on the other party or parties
No. 11 of 1961. Limitation. 21 Monrsmprat.

& notice requiring him or them to appoint an
arbitration or to agree to the appointment of an
arbitrator, or, where the arbitration agreement

provides that the reference shall be to a person ©

named or designated in the agrcement, requiring
him or them to submit the dispute to the person so
named or designated.

(4) Any such notice as aforesaid may be
served either—

(a) by delivering it to the person on
whom it is to be served; or

(6) by leaving it at the usual or last
known place of abode in the Colony of that
person ; or

(c) by sending it by post in a registered
letter addressed to that person at his usual or
last known place of abode in the Colony;

as well as in any other manner provided in the
arbitration agreement; and where a notice is sent
by post in manner prescribed by paragraph (c),
service thereof shall, unless the contrary is proved,
be deemed to have been effective at the time at
which the letter would been delivered in the
ordinary course of post.

(5) Where the Supreme Court orders that an
award be set aside or orders, after the commencement
of an arbitration, that the arbitration shall cease to
have effect with respect to the dispute referred, the
court may further order that the period between
the commencement of the arbitration and the
date of the order of the court shall be excluded in
computing the time prescribed by this Ordinance or
any such enactment as aforesaid for the commence-
ment of proceedings (including arbitration) with
respect to the dispute referred.

(6) This section shall apply to an arbitration
under the Arbitration Act as well as to an arbitra-
tion pursuant to an arbitration agreement, and sub-
sections (3) and (4) shall have effect, in relation to
an arbitration under the Abitration Act, as if for
the references to the arbitration agreement there
were substituted references to such of the provisions
of the said Act or of any order, scheme, rules
regulations or byelaws made thereunder as relate to
the arbitration.

Cap. 3
MONTSERRAT.

Cap. 3.

Provisions
an to set-off
or counter-
claim,

Acquiescence.

Application
to the Crown.

7/1928,

Saving for
other limita-
tion enact-
ments.

22 Limitation. No. 11 of 1961.

(7) In this section the expressions “ arbitra-
tion” and “award” have the same meanings as ip
the Arbitration Act, and the expression “ arbitration
agreement ” has the same meaning as the expression
‘submission ’’ in the same Act. —

27. For the purposes of this Ordinance,
any claim by way of set-off or counterclaim shall
be deemed to be a separate action and to have been
commenced on the same date as the action in which
the set-off or counter-claim is pleaded.

28. Nothing in this Ordinance shall effect
any equitable jurisdiction to refuse relief on the
ground of acquiescence or otherwise.

29. (1) Save as in this Ordinance otherwise
expressly provided and witkout prejudice to the

~ provisions of section 30, this Ordinance shall apply

to proceediugs by or against the Crown in like
manner as it applies to proceedings between
subjects:

Provided that this Ordinance shall not apply
to any proceedings by the Crown for the recovery
of any tax or duty or interest thereon or to any
forfeiture proceedings under the Customs Duties
Ordinance, 1928, or any law relating to duties of
excise or to any proceedings in respect of the
forfeiture of a ship.

(2) For the purposes of this section proceed-
ings by or against the Crown shall include proceed-
ings by or against any Government Department or
any officer of the Crown as such or any person
acting on behalf of the Crown.

(3) Nothing in this Ordinance shall affect the
prerogative right of Her Majesty to any gold or
silver mine or the rights of the Crown under the
Minerals (Vesting) Ordinance.

80. This Ordinance shall not apply to any
action or arbitration tor which a period of limitation
is prescribed by any other enactment, or to any
action or arbitration to which the Crown is a party
and for which, if it were between subjects, a period
of limitation would be prescribed by any other
enactment.
No. 11 of 1961. Limitation. 23 MonTRERRaT,

81. Nothing in this Ordinance shall— Provisions
as to actions
(a) enable any action to be brought which sulpeuiiag
was barred before the, commencement of this actions.

Ordinance by an enactment repealed by this

Ordinance, except in so far as the cause of

action or right of action may be revived by

an acknowledgment or part payment made in

accordance with the provisions of this Ordi-

nance; or

(6) affect any action or arbitration com-
menced before the commencement. of this
Ordinance or the title to any property which is
the subject of any such action or arbitration.

32. The enactments set out in the Schedule Repeat.
to this Ordinance are hereby repealed to the extent
specified in the third column of that Schedule.

H. Burrowes,
President.

Passed the Legislative Council this 29th day
of August, 1961.

Grorce R. E. Casey,
Clerk of the Council.

Section 32





SCHEDULE
Chapter Short Title _ Extent of Repeal
———— $$$ & ——______— |
13 The Mercantile Law | Sections 7 to 11
Amendment Act | inclusive.

The Real Property The Whole Act.

|
Limitation Act |
}



Printed at the Governmont Printing Offioe, Antigua, Leeward Islands
by Robert Linpsay, Government Printer—By Avutkority.
1964,

420—4.64. (Price 49 conte}
No. 29 of 1961. National Parks.

[ L.S.]
I AssrEnt,
G. J. Bryan,
Administrator.
3st July, 1961.

VIRGIN ISLANDS.
No. 29 of 1961.

An Ordinance relating to National Parks.
[BY PROCLAMATION]

ENACTED by the Legislature of the Colony
of the Virgin Islands.

1. This Ordinance may be cited as_ the
National Parks Ordinance, 1961.

2. In this Ordinance—

‘“‘ Park” means a National Park referred to in
section 5 of this Ordinance;

‘animal ”’ includes cattle, horses, mules, asses,
sheep, swine, goats, dogs, cats and all
animals of whatsoever kind, whether
similar to the foregoing or not;

“ Trust’? means the National Parks Trust
constituted under section 3 of this
Ordinance.

3. As from the commencement of this
Ordinance there shall be constituted the National
Parks Trust which shall be a body corporate with
perpetual succession and a common seal, capable of
suing and being sued in its corporate name and
with power, subject to the provisions of this
Ordinance, to purchase or otherwise acquire, hold
and alienate property, real or personal, and to do
all such acts and things as a body corporate may do
by law and as are necessary for, or incidental to, the
carrying out of its objects and the exercising of its
powers as set out in this Ordinance.

VIRGIN
ISLANDS.

Commence-
ment,

Short title.

Interpreta-
tion.

Constitution
of the
National
Parks Trust,
Virgin
ISLANDS.

Composition
of Trust.

National
Parks,

Duties of
the Trust.

Powers of
Truat,

2 National Parks. No. 29 of 1961.

4. (1) The Trust shall consist of a chairman
and such other members, not exceeding four,
as the Administrator may appoint.

(2) Members of the Trust shall be appointed
for a period not exceeding three years but. shall be
eligible for reappointment.

_ 8. (1) The Administrator in Council may by
proclamation published in the Gazette declare any
area to be a National Park for the purposes of
this Ordinance.

(2) All the lands, buildings, rights and
easements which at the date of the coming into
force of this Ordinance were situated or pertained to
land or buildings situated within any such area and
which ‘on that date were vested in the Crown shall
remain so vested and shall not, without consultation
with the Trust, be assigned, sublet, leased
mortgaged or dealt with in any other manner
whatsoever either by the Crown or by any person
deriving title from the Crown.

6. It shall be the duty of the Trust—

(a) to preserve the natural beauty, aspect,
architectural features, historic buildings
and the setting of the same, and plant life
of Parks;

(6) to encourage and control the provision of
facilities for persons visiting Parks.

7. (1) The Trust may, inso furas it deems
desirable so to do, carry out, or permit to be
carried out—

(a) the repair, restoration and maintenance of

any historic building in any Park; and

(b) any work to facilitate the use of the sea
adjoining any Park for sailing, boating,
bathing or fishing.

(2) The Trust may, in so far as it deems
desirable, provide or cause to be provided at any

Park—

(a) accommodation, meals and refreshments;
No. 29 of 1961. National Parks. 3

a

(b) huts and camping sites;

(c) rouds, parking places, paths, soil and
conservation works, buildings und fences;

(d) game reserves;

(¢) such other things as may be prescribed by
regulations made by the Administrator
in Council.

(3) Subject to the general directions of the
Administrator in Council the Trust may employ
such persons as it may require for the exercise of
the powers and fulfilment of the duties conferred
and imposed on the Trust by this Ordinance.

8. (1) The Trust may, subject to the
approval of the Administrator in Council, make
by-laws for the preservation and control of Parks.

(2) Without prejudice to the generality of the
foregoing power such by-laws may—

(a) prohibit or restrict entry into or move-
ment within any Park by any person,
vehicle or animal;

(b) prohibit or restrict camping, squatting or
residing in any part of a Park;

(c) provide for the levying of fees and charges
for entry into Parks or any part thereof
or any building therein, or for any ser-
vices or amenities provided by the Trust;

(d) provide for the payment of compensation
by any person doing damage in any
Park or for the removal from Parks of
any person committing any offence against
any by-law;

(e) provide for the control and regulation of
the conduct of any trade or business
carried on within any Park;

(/) provide for the prevention within Parks
of damage to any land, building, person,
animal or thing and for the preservation
of public order.

VIRGIN
ISLANDS.

Trust nay
make by-laws.
VIRGIN
ISLANDS.

Financial
provisions.

Rerulations,

Commence-
ment.

4 National Parke. No. 29 of 1961.

“(3) Any by-law made under this section may
prescribe a penalty for a breach of such by-law not
exceeding one hundred dollars in the currency of
the United States of America or a term of im-
prisonment not exceeding three months.

9. (1) The Administrator in- Council may
authorise the payment to the ‘I'rust, out of moneys
provided by the Legislative Council for the pur-
pose, of such sums as the Trust may require for
the furtherance of its objects.

(2) The Trust shall have power to borrow
money in such amounts, from such sources and in
such manner as the Administrator in Council may
approve.

(3) The Trust shall cause proper accounts to
be kept of all moneys received and expended by the
Trust and a statement of such accounts certified as
correct under the hand of the chairman and one
other member of the Trust shall be submitted
annually to the Administrator. The Administra-

‘tor may cause both such accounts to be audited and

examined by a Government auditor.

10. (1) The Administrator in Council may
make Regulations for carrying this Ordinance into
effect.

(2) In particular, and without prejudice to the
generality of the foregoing power, such Regulations
may provide for—

(a) the payment of allowances to members of

the Trust;

(6) the procedure to be followed by the Trust

in the conduct of it business;

(c) the fixing of a quorum for meetings of the

Trust; and
(d) the remuneration of any person who may

be employed by the Trust. .

11. This Ordinance shall come into operation
on a date to be appointed by the Administrator by
Proclamation published in the (ruzette

G. J. Bryan,

Presiden t.
No. 29 of 1961. National Parks. 5 VIRGIN

ISLANDS.
Passed the Legislative Council this 27th day
of July, 1961.

Ratpw T. O’Neat,
Clerk of the Council.

Printed at the Government Printing Office, Antiyua Leeward Islands.
by RoBrerRT LINDSAY, Government Printer.—By Authority.
1964.
4204.64. [Price 13 cents.)


No. 35 of 1961. Geneva Convention VirGIN
[L.s ; (Supplementary Provisions). IsLANDS.

I AssEnt,
G. J. Bryan,
Administrator,
18th November, 1961.

VIRGIN ISLANDS.
No. 35 of 1961.

An Ordinance to supplement the Geneva Conven-
tions Act, 1967, of the United Kingdom as
extended to the Colony by the Geneva Conven-
tions Act (Colonial Territories) Order in
Council, 1959, so as to enable full effect to be
given to certain international conventions done
at Geneva on the 12th day of August, 1949.

[ 18th November, 196 1) Commence-

ment,
ENACTED by the Legislature of the Colony
of the Virgin Islands.

1. This Ordinance may cited as the Geneva Short title,
Conventions (Supplementary Pro visions) Ordi-
nance, 1961.

2. In this Ordinance, the expressions Interpretos
“ protected internee ”’, ‘‘ protected prisoner of war” ton.
and “the protecting power” have the same mean-
ings respectively assigned to them in section 7 of the 5 «6 Eliz2
Geneva Conventions Act, 1957, of the United $'1 1958/1801
Kingdom as extended to the Colony by the Geneva ~~ ‘
Conventions Act~(Colonial Territories) Order in
Council, 1959.

3. Where a protected prisoner of war or a Appeals by
protected internee has been convicted in the Magis- Oooo
trate’s Court und has on such conviction been the Court of
sentenced to imprisonment for a term of two years Appel.
or more, in reckoning the time within which he
must give notice of appeal or deliver the grounds of
appeal or do any other act for perfecting his appeal
to the Court of Appeal no account shall be taken of
the period between the date of his conviction, or, in
the case of an appeal against sentence, of his sentence
and the date on which he receives 1 notice given— |

(a) in the case of « protected prisoner of war, —
by an officer of Her Majesty’s forces;
VIRGIN
IsLANDs.

2 Geneva Convention No. 35 of 1961.
(Supplementary Provisions).

(6) in ‘the case of a protected internee, by or
on behalf of the officer in charge of the
prison in which he is confined,

that the protecting power has been notified of his
conviction and sentence, or of the making of the
order, as the case may be; and in a case to which
the foregoing provisions apply—

(i) any provision in any law suspending
the operation of any order for the
restitution of any property to any
person made on a conviction by the
Magistrate’s Court or the operation, in
the case of any such conviction, of the
provisions of any law as to tke re-
vesting of the property in stolen goods
on conviction, shall have effect as if in
reckoning the time during which the
operation of such order is, or of such
provisions are, suspended no account
were required to be taken of the afore-
said period; and

(ii) any provision in any law providing for
the continued custody of any docu-
‘ments, ex hibits orother things
connected with the proceedings at the
trial before the Magistrate’s Court,
after the termination of such proceed-
ing, shall have effect as if it provided
for the continued custody of such
documents, exhibits or other things
until the expiry of such time after the
aforesaid period as is allowed for an
appeal to be made to tho Court of
Appeal.
G. J. Bryay,

President.

Passed the Legislative Council the 8th day of November,

1961.

Ratpn T. O'NEAL,
Clerk of the Council.

Printed at the Government Printing Office, Antigua. Leeward Islands,

420me4..64,

By Ropert Linpsay, Government Printer.-—-By Authority,
1964.

[ Price 7 cenés.]
No. 7 of 1962. The Minerals (Vesting) Ordinance. VIRGIN

1962. ISLANDS
[L.8. ]
I Assent.
M.S. Sraverey
Administrator.

23rd November, 1962.

VIRGIN ISLANDS
No. 7 of 1962.

An Ordinance to vest in the Crown all minerals in
the Colony and to make provision for matters
incidental thereto or connected therewith.

[ 23rd November, 1962.] Commence-

ment,

ENACTED by the Legislature of the Colory
of the Virgin Islands.

1. This Ordinance may be cited as the Min- Short title.
erals (Vesting) Ordinance, 1962.

2. In this Ordinance, unless the context Interprota-
otherwise requires— tion.

“minerals” does not include—
(i) pottery, clay or rock salt;

(ii) any materials, such as clay, sand,
limestone sandstone, or other stones,
commonly used for the purpose of
road making or for building or for
the manufacture of any article used
in the construction of buildings
where such material does not contain
any valuable metal or precious stone
in economically workable quantities,

but includes the following :-—

(a) metalliferous minerals containing
aluminium, antimony, arsenic, barium
bismuth, cadmium, cerium, chrom-
ium, cobalt, columbium, copper, iron,
lead, lithium, magnesium, manganese
Virncin 2 The Minerals (Vesting) Ordinance, No. 7 of 1962
ISLANDS. 1962.

mercury, molybdenum, nickel, potas-
sium, sodium, tantalum, tin, titanium
tungsten, vanadium, zinc, zirconium,
and all other substances of a similar
nature to any of them, ‘and all ores
containing them and combinations of
any of them with each other or with
any other substance, excepting only
those that occur in the form of pre-
cious minerals;

(6) combustible carbonaceous minerals in-

cluding—
(i) coal;

(ii) lignite, which includes brown coal
and any coal which the Administra-
tor in Council may prescribe to be
lignite ;

(c) mineral oils, including _ bitumen,
asphalt and all other bituminous
substances;

(d) other minerals, including those used
for their abrasive or refractory quali-
ties and asbestos, barytes, bauxite,
china clay, crystals, fuller’s earth,
graphite, laterite, marble, mica, nitta-
tes, pipeclay, potash, quartz, slate,
soda, sulphur, tale, and all other
substances of a similar nature to any
of them; and

(e) precious minerals, including—

(i) precious stones and semi-precious
stones including amber, amethyst,
beryl, cat’s eye, chrysolite, garnet,
and all other semi-precious stones,
whether of the same kind as those
enumerated or not;

(ii) precious metals;

“ precious metals” means gold, silver, or metal
of the platinoid group, in the unmanufac-
No. 7 of 1962 The Minerais (Vesting) Ordinance, 3
1962,

tured state, and all ores containing such
metal, but not including ores containing
any such metal in combination with
another mineral where such metal cannot
be worked apart from such mineral and
the value of such metal is less than the
cost of producing both the metal and the
mineral ;

‘precious stones’ means diamonds, emeralds,
opals, rubies, sapphires, turquoises, and
such other stones as may be prescribed to
be precious stones for the purpose of this
Ordinance;

“to mine” with its grammatical variations and
cognate expressions means intentionally
to search for, extract or win minerals;

“‘to prospect’ with its grammatical variations
and cognute expressions means to search
for minerals and includes such working
as is reasonably necessary to enable the
proprietor to test the mineral-bearing
qualities of the land;

“ Treasurer’ means the officer for the time
being performing the duties of Treasurer
of the Colony.

8. Itis hereby declared that all minerals
being in, on or under any land of whatsoever
ownership or tenure are vested in and are subject to
the control of the Crown.

In this section “ minerals’’ includes all radio-
active minerals as defined in the Radio-Active
Minerals Ordinance, 1948.

4. (1) No person shall prospect for or mine
any minerals except by authority of a_ licence
granted by the Administrator in Council and in
accordance with the terms and conditions specitied
in the licence.

(2) Any person who contravenes the provi-
sions of subsection (1) of this section shall be guilty
of an offence and shall be liable on summary

VIRGIN
ISLANDS.

All minerals
vested in the
Crown.

3/1948.

Prohibition of
prospecting
aud mining
except by
licence.
VIRGIN
ISLANDS.

Payment of
royalties
under mining
licence.

Payment of
compensation

2/1937.

4 The Minerals (Vesting) Ordinance, No. 7 of 1962
1962.

conviction to a fine not exceeding one thousand
dollars in the currency of the United States of
America and to a further fine not exceeding fifty
dollars in the currency of the United States of
America for each day during which the contraven-
tion continues.

(3) Nothing in this section shall be taken as
authorising the prospecting for or mining of any
minerals in, on or upon any land except with the
consent of the owner or occupier of the land.

5. Where a licence to mine is granted under
section 4 of this Ordinance there shall be paid to
the Government of the Colony by the licensee in
respect of minerals mined by virtue of that licence
such royalties as may be prescribed, und different
royalties may be prescribed for different minerals.

6. (1) Except as provided in this section,
where minerals are won in, on or under any land
which is not Crown land, there shall be paid to the
owner of the land such compensation as is in this
section provided in respect of the minerals so won:

Provided that, where there is a tenant for life
of such land, the compensation payable to the
owner shall be pid into the Public Treasury to the
credit of the owner and (not with-standing anything
to the contrary contained in the Savings Bank
Ordinance, 1937, or in any rules made thereunder
with respect to the limitation of the amount ofa
deposit and the interest payable thereon) it shall be
invested by the Treasurer in the Government Sav-
ings Bank without limit as to amount, and the
income arising therefrom shall be paid to the tenant
for life during his lifetime, and upon his death the
capital sum so invested shall be paid to the owner
of the land.

(2) The compensation to be paid under this
section shall be five per centum of the royalties
paid to the Government and shall be in addition to
any amount which may be paid to an owner by way
of rent for a lease of the land. Such compensation
shall be paid at such times and subject to such con-

ditions as may be prescribed:
No. 7 of 1962 The Minerals (Vesting) Ordinance, 5

1962.

. Provided that if any person proves to the
satisfaction of the Administrator in Council that he
was at the commencement of this Ordinance in
receipt of any income derived from mining opera-
tions carried on on lands of which he is the owner,
the compensation to be paid to him shall be the full
amount of the royalties paid to the Government
during the period for which compensation is pay-
able under this section, and in any case the amount
of such compensation shall not be less than the
income by way of royalties to which, but for the
passing of this Ordinance, such person would have
been entitled under any subsisting agreement.

(3) Compensation to be paid under this section
shall be payable for a period of twenty-five years
but no compensation whatsvever shall be payable
after the fiftieth anniversary of the commencement
of this Ordinance.

(4) No compensation shall be payable in res-
pect of any precious metals or precious stones which
are won in, on or under any lund.

7. (1) Where any doubt arises as to the
person who is entitled as owner to the payment of
any compensation which is payable under this
Ordinance, such compensation shall be paid into the
Supreme Court to the credit of the person who may
be entitled thereto and it may (subject to the pro-
visiona of this section) on the subsequent applica-
tion of any person claiming to be entitled thereto,
be paid out to such person on the order of a Judge
of the Supreme Court.

(2) All moneys paid into the Supreme Court

under the provisions of this section which remain |

unclaimed for twelve years after such payment shall
be transferred and paid into the general revenue of
the Colony, and all claims thereto shall be forever
barred.

8. The Administrator in Council may make
regulations with respect to any matter which may
be prescribed under this Ordinance, including the
forms of licence to prospect. for minerals or to mine
minerals and the fees to be paid therefor.

VIRGIN.
ISLANDS.

Payment of
compensation
where owner
doubtful.

Regulations,
Vircin 6 The Minerals (Vesting) Ordinance, No. 7 of 1962
ISLANDS. 1962.

Saving. 9. Save as regards the payment of royalties
as provided for in section 5 of this Ordinance, noth-
ing in this Ordinance, shall affect the terms and
conditions of any mining lease entered into before
the coming into operation of this Ordinance.

M. S. Stave ry,
President.

Passed the Legislative Council this 20th day of November,
1962.

J. M. CLARKE,
Clerk of the Council.





Printed at the Government Printing Office, Antigua Leeward Islands,
by Ropurt Linpsay Government Printer—By Authority.
1964.
420—4.64 [Price 15 cenés.]