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Notices.

No. 22.

The following Ordinance and Sta-
tutory Rules and Orders are circulated
with this Gazette and form part there-
of :—

ORDINANCE

Virgin Islands.
No. 20 of 1961 “The Limitation
Ordinance, 1961.”
23 pp Price 49 cts,

STATUTORY RULES & ORDERS.

Antigua.
No. 4 of 1964 ‘The Currency
Notes (Amendment) Regulations,
1964. 2pp Price 7cts.



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

ANTIGUA CIRCUIT.
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 “uisne Judge
selected for the sitting of the Court
has appointed the day of the mouth on
which ensuing Circuit Court shall sit
for the trial of Criminal and Civil
causes in the summary and higher
jurisdiction of the Court. and the
hearing of appeals from Magistrates
as follows: that is to say:—



The Antigua Circuit on TUESDAY
the 5th day of May, 1964, at 10.00
o'clock in the forenoon.

Dated this 6th day of April, 1964.

O. W. JACK,
Registrar of the Supreme Court,
Antiqua Circuit.



ANTIGUA.

THE RAGISTRATION OF UNITED
Kinapom Patents Act, 1925.

NOTICE [8S HEREBY GIVEN
that ‘The Pillsbury Company of
608 Second Avenue South Minnea-
polis, Minnesota have applied for
registration in Antigua of United

X
2297277

44 @ 2Fa

VIRGIN

VOL. IX.

THE

ANTIGUA, MO

AND

ISLANDS



Published by Authority.

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 a.m. to 12.00 noon.

Any person may within two months
from the uate 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.

NOTICE TO IMPORTERS.







Goods which have not been removed
from the Queen’s Warehouse within
three months will be sold by Publie
Auction at the Point Warehouse on
Thursday 7th May. 1964, at 2.30 p.m.

Importers who have passed warrants
onany 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 atthe Queen’s Warehouse,
the Bonded Warehouse at the Point
and the Customs Building.

EARL O. PESTAINA,
Collector of Customs.
11/4/64.

RAINFALL FIGURES
Agricultural Department,







Antigua.
Month 19RO 1oK) 162 1968 1S64
January 3.84 216 6.77 462 2.99
February 5.09 2.31 0.92 1.12 0.79
March 28th 3.18 1.84 0.€1 0.62 121
April 18th 0.65 0.71 1.90 089 284
12.76 7.02 10.49 7.15 7.83





THURSDAY, 23rxp APRIL, 1964.

No. 18.

——

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

THE COCA-COLA COMPANY of
515 Madison Avenne, 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 nsed 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 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.



TRADE MARKS OFFICE,
MONTSERRAT 26th March, 1964.

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

GOLD BAND

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

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


100 THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE.

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, Muntserrat, & Virgin
Islands Gazette. give notice in dupli-
eate at the ‘'rade Marks Office,
Montserrat, of opposition of tne said
Trade Mark.

BEN W. PRESCOD,
Registrar of Trade Marks.



TRADE MARKS OFFICE,
ANTIGOA 8th April, 1964.

TEXACO INC. of 135 East 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 £7, that is fo say, illuminating,
heating and = Jubricaiing 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 date of their said Applica-
tion.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antiguy, Moniserrat & 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 10th 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 Class 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 said 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.

0. W. JACK
Registrar of Trade Marks.

TRADE MARKS OFFICH,
ANTIGUA, 3st March, 1964.

AMERICAN-CIGARETTH COM-
PANY (OVERSEAS) LIMITED of
Staeatle 380, Vaduz, 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.

Any person may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antigua, Montserrat, & Virgin Is-
lands Gaeeite, give notice in duplicate
at the Trade Marks Office, Antigua, of
opposition to registration of the said
Trade Mark.

0. 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 48

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

Any person may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antigua, Montserrat, & Virgin 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.

[ April 23, Lo.

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 Class 14, that is to say, Uxpansion
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-
eate at the Trade Marks Office,
Tortola, British Virgin Islands, of
opposition to registration of the said
Trade Mark.

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

TRADE 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 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 d& 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.
Regtsirar 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 Auction at the Warehouse,
High Street on Thursday 30th April,
1964, at 2.30 p.m.

Importers who have passed war-
rants on any of the items listed for
sale are asked to rumove 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.

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


April 23, 1964. ] THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE. 101

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 Marke

Any person may within threo 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 Marke.





TRADE MARKS OFFICE,
TORTOLA, BRITISH VIRGIN ISLANBS,
23rd January, 1964,

ROTHMANS of PALL MALL EXPORT LIMITED of 65, Pall Mall, London, 9.W.L, England have applied for
Registration of one Trade Mark consisting of the following:— °



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

The Applicants claimed that there has heen 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. |



102 THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE. [April 23, 1964.

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

SULLANA A. G. of Sihlquai 266/268, Zarich 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 the suid 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 Aniityua,
Moniserrat, & Virgin Islands Gazette, give notice 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.





REGISTRAR’S OFFICE,
ST. JOHN’S
ANTIGUAS.
15th April, 1964.

IT IS HEREBY NOTIFIFIED for general information that the list of Medical Officers which was published
on the 26th day of March, 1964, is amended as follows:—





~_—







Description & Date Date of No. of Cer-
Name. Address of qualifications. Registration Boriteation,
King, William Hezekiah St. John’s Antigua Diploma of medicine | 6/8/58 188

1956 (Gottengen)
Doctor of medicine

1958 (Gottengen)

Certificate of Tropical
Medicine 1957
(Hamburg).









O. W. JAcK,
Registrar.

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





No. 20 of 1961. Limitation. fo. vinare
, ie AY Ismanns.

{L.S.]
T Assent,
G..J. Bryan,

Administrator,
9th June, 1961.



VIRGIN ISLANDS.
No. 20 of 1961.

An Ordinance to consolidate and amend the law
relating to the limitation of actions and arbi-
trations. ,

(BY PROCLAMATION] Commence-

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

PART I
PRELIMINARY. -

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

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;

“Tuty ” 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;



VIRGIN

ISLANDS,

Cap. 8.

Oap. 98

Cap. 34

2° Limitation, No. 20 of 1961.

‘Land ” includes corporeal hereditaments, and
rentcharges, and any legal or equitable
estate or interest therein, including an
interest 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 lstate” 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. 20 of 1961. Limitation. 3

(4) A person shall be deemed to claiin 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 an 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 meking 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;

Vinain
ISLANDS.



VIRGIN
ISLaNnns,

Part: IT to be
subjeot to
provisions of
Part III
relating to
disabilitv,
acknowledg-
ment, fraud,
etc,

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

4 Limitation. No. 20 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 I[{ of this Ordinance which provide for the
extension of thé 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
g
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 nny 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. 20 of 1961. Limitation. 5,

Provided that this subsection shall not sffect
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 canse 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 ns 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 uny 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.

Virain
ISLANDS,

Limitation
in oa-e of
successive
conversions
and extinc-
tion of title
of owner of
converted
goods.



Virgin 6 Limitation. ~ No. 20 of 1961.
IsLanvs.

(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 sucha further conversion or wrongful
detention as aforesaid has expired and he has not

. daring that period recovered possession of the
chattel, the title of that person to the chattel shall
be extinguished. .

ACTIONS TO RECOVER LAND AND RENT.

Limitation 6. (1) No action shall be brought by the
of actions to = Crown to recover any land after the expiration of
recover land. : ; :
thirty years from the date on which the right of
action accrued to the Crown or, if 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 ot sixty years from the gaid 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 brought 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
accrued to the Crown ora spiritual or eleemosy-
‘mary corporation sole through whom the person
bringing the action claims, the action may be



No. 20 of 1961. Limitation. q

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, or some jserson through whom he
claims, has been in possession thereof and has
while entitled thereto been dispossessed or discon-
tinued his possession, tbe 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 estwte 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.

VirGiINn
ISLANDS,

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

Accrual of
right of
action in case
of future
interests.



Virgin

IsLANDs.

8 Limitation, No. 20 of 1961.

(2) If the person entitled to the preceding
estate or interest, was not in possession of the
Jand 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 last 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 un entailed
interest and which might have been barred by the
person entitled to the “entailec i 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 cluimned or some person through
whom he claimed or some person eutitled to a
preceding estate 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 reeover 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 interest, unless in the
meantime possession of the land has been recovered
by a person entitled to an intermediate estate or
interest.



No. 20 of 1961. ~ Limitation. 9

9. (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, und accordingly a right
vf 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 end by a tenant for life of settled
lund, 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 hus 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
Kistates Act; but if und when every such right of
action asaforesaid has been barred by this Ordi-
nance, the said 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
au 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 « trust for sale, an action to recover the
land may be brought by the trustees on behnlf of
any person entitled to a beneficial interest in
possession in the land or in the proceeds of sale

Virein
IsLANDS.

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


ViRaIn
IsLANDs.

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

Accrual of
right of
action in case

of certain ten-

oncies,

16 Limitation. No. 20 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 lease 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. 20 of 1961. Limitation. ii

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 .ease.

(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 unlese 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
has sccrued 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
Pp y J

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

Virgin
I6LANDS.

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


Vira
ISLANDS.

Cure of
defective
disentailing
assurance,

Limitation
ef redemption
actions.

No right of
action to be
preserved by
formal entry
or continual
olaim.

Administra-
tion to date

bavk to death,

12 Limttation. No. 20 of 1961.

(>) 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.

13. Where « 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 effect 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)
ig in possession of the land for a period of twelve
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 shail 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 mortyngee 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. 20 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 deemied to accrue
so long #s 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 a
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 pay able in respect of
pr oceeila 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:

VIRGIN
IsLANDS.

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.



Vinein
IsLanns,

Limitation of
actions in
respect of
trust property.

14 Timitation. ‘No. 20 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. of charge comprises any future
interest or life insurance policy and it is a 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 recovet 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. 20 of 1961. Limitation. 15

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 estate of a deceased
person or to any shure 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, und 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. Ifon 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

VIRGIN
IsLANDS.

Limitation of
actions claim-
iuy personal
estate of a
deceased
person.

Extension of
limitation
period in case
of disability.

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;



VIRGIN
IsLANDS,

Cap. 17.

Fresh accrual
of action on

acknowledg-

ment or part
payment,

16- Limitation. No. 20 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 action 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;

(d) 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. 20 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 taking 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 thérefor
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 lust 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.

28. (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
made.

VrIraGiInx
ISLANDS.

Formal pro-
visions as to
acknowledg-
ments and
part payments,



VirGIn
IsLanus.

Effect of aek-
nowledgment
or part pay-
ment on
persons other
than the
muker or
recipient.

18 Linvitation. No. 20 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 shall only bind him and his successors,
and shall not bind any other mortagee or his
successors, and where the mortgugee 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 successors but not any other person:

Provided that an acknowledgment made nfter
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 effeot before the date of the
acknowledgment,



No. 20 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, ors 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 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 devolve,
whether on death or bankruptcy or the disposition
of property or the determination of a limited estate
or interest in settled property or otherwise.

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

(b) 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

Virgin
IsLANDS,

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


VIRGIN
IsLanps.

Application

cf Ordinance
and other
Limitation
enactments to
arbitrations.

20 Limttation. No. 20 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 thut 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-
qaently 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.

Part LY.
GENERAL.

26. (1) This Ordinance and any other
enactment relating to the limitation of action shall
apply 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. 20 of 1961. Limitation. 21

& 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.

VIRGIN
IsLANDS,

Cap. 3



Vrain
IguanDs,

Cap. 3.

Provisions

an to set-off
or counter-
claim,

Aoquiesvence.

Application

to the Crown.

7/1928,

Saving for
other limita.
tion enact-
ments:

23 Limitation. No. 20 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 came 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 effeot
any equitable jurisdiction to refuse relief on the
ground of acquiescence or otherwise.

29. (1) Save as in this Ordinance otherwise
expressly provided and without 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 ur 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.

30. This Ordinance shall not apply to any
action or arbitration for 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. 20 of 1961. Limitation. 23 Vrain

IsLANDs.

81. Nothing in this Ordinance shall— Provisions
as to actions
(a) enable any action to be brought which abe nee

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 Acts mentioned in the Schedule to Repeal.
this Ordinance are hereby repealed to the extent ~
specified in the third column thereof.

38. This Ordinance shull come into operation Commence.
on a date to be appointed by the Administrator by ™™*
proclamation published in the Gazette.

G. J. Bryan,
President.

Passed the Legislative Council the Ist day
of June, 1961.

Ratpu T. O’NEat,
Clerk of the Council.



Limitation Act

Section 32
SCHEDULE
Chapter | Short Title. | Extent of Repeal
-|— _ ee |
13 | The Mercantile Law | Sections 7, 8, 9,
| Amendment Act 10, and 11
18 . | The Real Property The Whole Act.
|



Printed at the Government Printing Office, Antigua, Leeward Islands
by Ropert Linpssy, Government Printer—By Authority. :
1964,
420—4.64. [Price 49 conte,}






ANTIGUA.

STATUTORY RULES AND ORDERS.
1964, No. 4.





The Currency Notes (Amendment) Regulations, 1964, made by the Adminis-
trator in Council under section 13 of the Currency Ordinance, 1959
(No. 16 of 1959) after consultation.with the Board of Commissioners
of Currency, British Caribbean Territories (Eastern Group) and with the
approval of the Secretary of State for the Colonies.

(Gazetied 23rd April, 1964)

1. Short Title. These Regulations may be cited as
the Curreicy Notes (Amendment) Regulations, 1964, and
shall be read as one with the Currency Notes Regulations,
1962, (S.R. & O 18/62, 17/1963) and all amendments thereto,
hereinafter called the principal Rexulutions.





2. Substitution of regulation 14 of principal
Regulations. Regulation 14 of the principal Regulations
is hereby revoked and the following substituted therefor:—

“14, REGISTER OF CURRENCY NOTE issues. In the
Register of Currency Note Issues there shall be recorded,
the serial numbers in consecutive order of currency notes,
of denominations in excess of twenty dollars, issued by
the Board together with the date of issue and the date of
destruction by the Board.”

3. Substitution of new regulation for regu-
lation 15 of principal Regulations. Regulation 15 of
the principal Regulations is hereby revoked and the following
substituted therefor:— :

“15. REGISTER OF CURRENCY NOTES DESTROYED.
In the Register of Currency Notes Destroyed there shall
be recorded: —

(2) in the case of notes of denominations in excess
of twenty dollars, the serial numbers in consecu-
tive order of each prefix number of each series
in each denomination of notes destroyed together
with the date of destruction;

(4) in every other ense, the total number and value
ot notes destroyed in respect of each denomina-
tion, together with the date of destruction.”



2

- 4 Amendment of regulation 19 of principal
Regulations. Paragraphs (1) and (2) of regulation 19 of
the principal Regulations are hereby revoked and the following
substituted therefor:—

“19. (1) After cancellation, currency notes of
denominations in excess of twenty dollars, shall be
arranged according to the serial numbers, in consecutive
order of each prefix number of each series in each denom-
ination and, as far as possible, in bundles of one hundred
notes and currency notes of all other denominations shall
be arranged according to denominations and, as far as
possible, in bundles of one hundred notes.

(2) After the currency notes have been arranged and
bundled as in paragraph (1) of this regulation they shall
be recorded in the Register of Currency Notes Destroyed
and handed to at least two Currency Officers, none of
whom shall have acted previ: uusly in respect of the sanie
notes under the foregoing provisions of this regulation ;
and after the currency notes have been checked by the
Currency. Officers they shall check the entries in the
Register of Currency Notes Destroyed and the currency
notes shall, as far as possible, be immediately destroyed in
their presence by fire in an incinerator provided for thé
purpose, and the Currency Officers shall immediately after
the destruction sigu a Certificate of Destruction, in « foim
to be approved by the Board, in the Register of Cur reney
Notes. Destroyed. 8

4. Commencement. These Pegulations shall come
into operation on the 1st day of Mareh, 1964.

Made by the Acting Administrator acting in accordance
with the advice of the Executive Coun-il this 26th day of
February, 1964.

EK. T. Henry,
Clerk: of the Council.

Printed ot the Government Printing Office, Antigua, Leeward Islands,
by RoBEET LINDsAY, Government Printer.—By Authority.
1964, .
520—4.64 (Price 7 cents.]




Notices.

No. 22.

The following Ordinance and Sta-
tutory Rules and Orders are circulated
with this Gazette and form part there-
of :—

ORDINANCE

Virgin Islands.
No. 20 of 1961 “The Limitation
Ordinance, 1961.”
23 pp Price 49 cts,

STATUTORY RULES & ORDERS.

Antigua.
No. 4 of 1964 ‘The Currency
Notes (Amendment) Regulations,
1964. 2pp Price 7cts.



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

ANTIGUA CIRCUIT.
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 “uisne Judge
selected for the sitting of the Court
has appointed the day of the mouth on
which ensuing Circuit Court shall sit
for the trial of Criminal and Civil
causes in the summary and higher
jurisdiction of the Court. and the
hearing of appeals from Magistrates
as follows: that is to say:—



The Antigua Circuit on TUESDAY
the 5th day of May, 1964, at 10.00
o'clock in the forenoon.

Dated this 6th day of April, 1964.

O. W. JACK,
Registrar of the Supreme Court,
Antiqua Circuit.



ANTIGUA.

THE RAGISTRATION OF UNITED
Kinapom Patents Act, 1925.

NOTICE [8S HEREBY GIVEN
that ‘The Pillsbury Company of
608 Second Avenue South Minnea-
polis, Minnesota have applied for
registration in Antigua of United

X
2297277

44 @ 2Fa

VIRGIN

VOL. IX.

THE

ANTIGUA, MO

AND

ISLANDS



Published by Authority.

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 a.m. to 12.00 noon.

Any person may within two months
from the uate 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.

NOTICE TO IMPORTERS.







Goods which have not been removed
from the Queen’s Warehouse within
three months will be sold by Publie
Auction at the Point Warehouse on
Thursday 7th May. 1964, at 2.30 p.m.

Importers who have passed warrants
onany 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 atthe Queen’s Warehouse,
the Bonded Warehouse at the Point
and the Customs Building.

EARL O. PESTAINA,
Collector of Customs.
11/4/64.

RAINFALL FIGURES
Agricultural Department,







Antigua.
Month 19RO 1oK) 162 1968 1S64
January 3.84 216 6.77 462 2.99
February 5.09 2.31 0.92 1.12 0.79
March 28th 3.18 1.84 0.€1 0.62 121
April 18th 0.65 0.71 1.90 089 284
12.76 7.02 10.49 7.15 7.83





THURSDAY, 23rxp APRIL, 1964.

No. 18.

——

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

THE COCA-COLA COMPANY of
515 Madison Avenne, 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 nsed 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 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.



TRADE MARKS OFFICE,
MONTSERRAT 26th March, 1964.

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

GOLD BAND

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

The Applicants claim that they.
have not used the said Trade Mark
in respect of the said goods in
100 THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE.

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, Muntserrat, & Virgin
Islands Gazette. give notice in dupli-
eate at the ‘'rade Marks Office,
Montserrat, of opposition of tne said
Trade Mark.

BEN W. PRESCOD,
Registrar of Trade Marks.



TRADE MARKS OFFICE,
ANTIGOA 8th April, 1964.

TEXACO INC. of 135 East 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 £7, that is fo say, illuminating,
heating and = Jubricaiing 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 date of their said Applica-
tion.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Antiguy, Moniserrat & 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 10th 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 Class 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 said 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.

0. W. JACK
Registrar of Trade Marks.

TRADE MARKS OFFICH,
ANTIGUA, 3st March, 1964.

AMERICAN-CIGARETTH COM-
PANY (OVERSEAS) LIMITED of
Staeatle 380, Vaduz, 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.

Any person may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antigua, Montserrat, & Virgin Is-
lands Gaeeite, give notice in duplicate
at the Trade Marks Office, Antigua, of
opposition to registration of the said
Trade Mark.

0. 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 48

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

Any person may within three
months from the date of the first ap-
pearance of this Advertisement in the
Antigua, Montserrat, & Virgin 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.

[ April 23, Lo.

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 Class 14, that is to say, Uxpansion
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-
eate at the Trade Marks Office,
Tortola, British Virgin Islands, of
opposition to registration of the said
Trade Mark.

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

TRADE 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 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 d& 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.
Regtsirar 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 Auction at the Warehouse,
High Street on Thursday 30th April,
1964, at 2.30 p.m.

Importers who have passed war-
rants on any of the items listed for
sale are asked to rumove 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.

EARL O. PESTAINA,
Collector of Customs.
10/4/64
April 23, 1964. ] THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE. 101

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 Marke

Any person may within threo 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 Marke.





TRADE MARKS OFFICE,
TORTOLA, BRITISH VIRGIN ISLANBS,
23rd January, 1964,

ROTHMANS of PALL MALL EXPORT LIMITED of 65, Pall Mall, London, 9.W.L, England have applied for
Registration of one Trade Mark consisting of the following:— °



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

The Applicants claimed that there has heen 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. |
102 THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE. [April 23, 1964.

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

SULLANA A. G. of Sihlquai 266/268, Zarich 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 the suid 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 Aniityua,
Moniserrat, & Virgin Islands Gazette, give notice 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.





REGISTRAR’S OFFICE,
ST. JOHN’S
ANTIGUAS.
15th April, 1964.

IT IS HEREBY NOTIFIFIED for general information that the list of Medical Officers which was published
on the 26th day of March, 1964, is amended as follows:—





~_—







Description & Date Date of No. of Cer-
Name. Address of qualifications. Registration Boriteation,
King, William Hezekiah St. John’s Antigua Diploma of medicine | 6/8/58 188

1956 (Gottengen)
Doctor of medicine

1958 (Gottengen)

Certificate of Tropical
Medicine 1957
(Hamburg).









O. W. JAcK,
Registrar.

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


No. 20 of 1961. Limitation. fo. vinare
, ie AY Ismanns.

{L.S.]
T Assent,
G..J. Bryan,

Administrator,
9th June, 1961.



VIRGIN ISLANDS.
No. 20 of 1961.

An Ordinance to consolidate and amend the law
relating to the limitation of actions and arbi-
trations. ,

(BY PROCLAMATION] Commence-

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

PART I
PRELIMINARY. -

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

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;

“Tuty ” 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;
VIRGIN

ISLANDS,

Cap. 8.

Oap. 98

Cap. 34

2° Limitation, No. 20 of 1961.

‘Land ” includes corporeal hereditaments, and
rentcharges, and any legal or equitable
estate or interest therein, including an
interest 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 lstate” 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. 20 of 1961. Limitation. 3

(4) A person shall be deemed to claiin 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 an 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 meking 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;

Vinain
ISLANDS.
VIRGIN
ISLaNnns,

Part: IT to be
subjeot to
provisions of
Part III
relating to
disabilitv,
acknowledg-
ment, fraud,
etc,

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

4 Limitation. No. 20 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 I[{ of this Ordinance which provide for the
extension of thé 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
g
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 nny 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. 20 of 1961. Limitation. 5,

Provided that this subsection shall not sffect
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 canse 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 ns 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 uny 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.

Virain
ISLANDS,

Limitation
in oa-e of
successive
conversions
and extinc-
tion of title
of owner of
converted
goods.
Virgin 6 Limitation. ~ No. 20 of 1961.
IsLanvs.

(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 sucha further conversion or wrongful
detention as aforesaid has expired and he has not

. daring that period recovered possession of the
chattel, the title of that person to the chattel shall
be extinguished. .

ACTIONS TO RECOVER LAND AND RENT.

Limitation 6. (1) No action shall be brought by the
of actions to = Crown to recover any land after the expiration of
recover land. : ; :
thirty years from the date on which the right of
action accrued to the Crown or, if 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 ot sixty years from the gaid 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 brought 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
accrued to the Crown ora spiritual or eleemosy-
‘mary corporation sole through whom the person
bringing the action claims, the action may be
No. 20 of 1961. Limitation. q

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, or some jserson through whom he
claims, has been in possession thereof and has
while entitled thereto been dispossessed or discon-
tinued his possession, tbe 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 estwte 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.

VirGiINn
ISLANDS,

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

Accrual of
right of
action in case
of future
interests.
Virgin

IsLANDs.

8 Limitation, No. 20 of 1961.

(2) If the person entitled to the preceding
estate or interest, was not in possession of the
Jand 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 last 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 un entailed
interest and which might have been barred by the
person entitled to the “entailec i 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 cluimned or some person through
whom he claimed or some person eutitled to a
preceding estate 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 reeover 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 interest, unless in the
meantime possession of the land has been recovered
by a person entitled to an intermediate estate or
interest.
No. 20 of 1961. ~ Limitation. 9

9. (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, und accordingly a right
vf 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 end by a tenant for life of settled
lund, 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 hus 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
Kistates Act; but if und when every such right of
action asaforesaid has been barred by this Ordi-
nance, the said 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
au 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 « trust for sale, an action to recover the
land may be brought by the trustees on behnlf of
any person entitled to a beneficial interest in
possession in the land or in the proceeds of sale

Virein
IsLANDS.

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

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

Accrual of
right of
action in case

of certain ten-

oncies,

16 Limitation. No. 20 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 lease 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. 20 of 1961. Limitation. ii

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 .ease.

(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 unlese 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
has sccrued 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
Pp y J

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

Virgin
I6LANDS.

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

Cure of
defective
disentailing
assurance,

Limitation
ef redemption
actions.

No right of
action to be
preserved by
formal entry
or continual
olaim.

Administra-
tion to date

bavk to death,

12 Limttation. No. 20 of 1961.

(>) 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.

13. Where « 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 effect 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)
ig in possession of the land for a period of twelve
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 shail 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 mortyngee 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. 20 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 deemied to accrue
so long #s 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 a
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 pay able in respect of
pr oceeila 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:

VIRGIN
IsLANDS.

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.
Vinein
IsLanns,

Limitation of
actions in
respect of
trust property.

14 Timitation. ‘No. 20 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. of charge comprises any future
interest or life insurance policy and it is a 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 recovet 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. 20 of 1961. Limitation. 15

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 estate of a deceased
person or to any shure 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, und 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. Ifon 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

VIRGIN
IsLANDS.

Limitation of
actions claim-
iuy personal
estate of a
deceased
person.

Extension of
limitation
period in case
of disability.

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;
VIRGIN
IsLANDS,

Cap. 17.

Fresh accrual
of action on

acknowledg-

ment or part
payment,

16- Limitation. No. 20 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 action 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;

(d) 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. 20 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 taking 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 thérefor
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 lust 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.

28. (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
made.

VrIraGiInx
ISLANDS.

Formal pro-
visions as to
acknowledg-
ments and
part payments,
VirGIn
IsLanus.

Effect of aek-
nowledgment
or part pay-
ment on
persons other
than the
muker or
recipient.

18 Linvitation. No. 20 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 shall only bind him and his successors,
and shall not bind any other mortagee or his
successors, and where the mortgugee 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 successors but not any other person:

Provided that an acknowledgment made nfter
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 effeot before the date of the
acknowledgment,
No. 20 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, ors 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 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 devolve,
whether on death or bankruptcy or the disposition
of property or the determination of a limited estate
or interest in settled property or otherwise.

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

(b) 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

Virgin
IsLANDS,

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

Application

cf Ordinance
and other
Limitation
enactments to
arbitrations.

20 Limttation. No. 20 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 thut 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-
qaently 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.

Part LY.
GENERAL.

26. (1) This Ordinance and any other
enactment relating to the limitation of action shall
apply 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. 20 of 1961. Limitation. 21

& 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.

VIRGIN
IsLANDS,

Cap. 3
Vrain
IguanDs,

Cap. 3.

Provisions

an to set-off
or counter-
claim,

Aoquiesvence.

Application

to the Crown.

7/1928,

Saving for
other limita.
tion enact-
ments:

23 Limitation. No. 20 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 came 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 effeot
any equitable jurisdiction to refuse relief on the
ground of acquiescence or otherwise.

29. (1) Save as in this Ordinance otherwise
expressly provided and without 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 ur 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.

30. This Ordinance shall not apply to any
action or arbitration for 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. 20 of 1961. Limitation. 23 Vrain

IsLANDs.

81. Nothing in this Ordinance shall— Provisions
as to actions
(a) enable any action to be brought which abe nee

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 Acts mentioned in the Schedule to Repeal.
this Ordinance are hereby repealed to the extent ~
specified in the third column thereof.

38. This Ordinance shull come into operation Commence.
on a date to be appointed by the Administrator by ™™*
proclamation published in the Gazette.

G. J. Bryan,
President.

Passed the Legislative Council the Ist day
of June, 1961.

Ratpu T. O’NEat,
Clerk of the Council.



Limitation Act

Section 32
SCHEDULE
Chapter | Short Title. | Extent of Repeal
-|— _ ee |
13 | The Mercantile Law | Sections 7, 8, 9,
| Amendment Act 10, and 11
18 . | The Real Property The Whole Act.
|



Printed at the Government Printing Office, Antigua, Leeward Islands
by Ropert Linpssy, Government Printer—By Authority. :
1964,
420—4.64. [Price 49 conte,}
ANTIGUA.

STATUTORY RULES AND ORDERS.
1964, No. 4.





The Currency Notes (Amendment) Regulations, 1964, made by the Adminis-
trator in Council under section 13 of the Currency Ordinance, 1959
(No. 16 of 1959) after consultation.with the Board of Commissioners
of Currency, British Caribbean Territories (Eastern Group) and with the
approval of the Secretary of State for the Colonies.

(Gazetied 23rd April, 1964)

1. Short Title. These Regulations may be cited as
the Curreicy Notes (Amendment) Regulations, 1964, and
shall be read as one with the Currency Notes Regulations,
1962, (S.R. & O 18/62, 17/1963) and all amendments thereto,
hereinafter called the principal Rexulutions.





2. Substitution of regulation 14 of principal
Regulations. Regulation 14 of the principal Regulations
is hereby revoked and the following substituted therefor:—

“14, REGISTER OF CURRENCY NOTE issues. In the
Register of Currency Note Issues there shall be recorded,
the serial numbers in consecutive order of currency notes,
of denominations in excess of twenty dollars, issued by
the Board together with the date of issue and the date of
destruction by the Board.”

3. Substitution of new regulation for regu-
lation 15 of principal Regulations. Regulation 15 of
the principal Regulations is hereby revoked and the following
substituted therefor:— :

“15. REGISTER OF CURRENCY NOTES DESTROYED.
In the Register of Currency Notes Destroyed there shall
be recorded: —

(2) in the case of notes of denominations in excess
of twenty dollars, the serial numbers in consecu-
tive order of each prefix number of each series
in each denomination of notes destroyed together
with the date of destruction;

(4) in every other ense, the total number and value
ot notes destroyed in respect of each denomina-
tion, together with the date of destruction.”
2

- 4 Amendment of regulation 19 of principal
Regulations. Paragraphs (1) and (2) of regulation 19 of
the principal Regulations are hereby revoked and the following
substituted therefor:—

“19. (1) After cancellation, currency notes of
denominations in excess of twenty dollars, shall be
arranged according to the serial numbers, in consecutive
order of each prefix number of each series in each denom-
ination and, as far as possible, in bundles of one hundred
notes and currency notes of all other denominations shall
be arranged according to denominations and, as far as
possible, in bundles of one hundred notes.

(2) After the currency notes have been arranged and
bundled as in paragraph (1) of this regulation they shall
be recorded in the Register of Currency Notes Destroyed
and handed to at least two Currency Officers, none of
whom shall have acted previ: uusly in respect of the sanie
notes under the foregoing provisions of this regulation ;
and after the currency notes have been checked by the
Currency. Officers they shall check the entries in the
Register of Currency Notes Destroyed and the currency
notes shall, as far as possible, be immediately destroyed in
their presence by fire in an incinerator provided for thé
purpose, and the Currency Officers shall immediately after
the destruction sigu a Certificate of Destruction, in « foim
to be approved by the Board, in the Register of Cur reney
Notes. Destroyed. 8

4. Commencement. These Pegulations shall come
into operation on the 1st day of Mareh, 1964.

Made by the Acting Administrator acting in accordance
with the advice of the Executive Coun-il this 26th day of
February, 1964.

EK. T. Henry,
Clerk: of the Council.

Printed ot the Government Printing Office, Antigua, Leeward Islands,
by RoBEET LINDsAY, Government Printer.—By Authority.
1964, .
520—4.64 (Price 7 cents.]