Notices.
It is notified for general informa-
tion that Mr. ALAN PETERS has been
accorded provisional recognition as
Honorary Consul of Norway at St.
John’s, Antigua, for the Leeward
Islands.
Administration Building,
St. John’s,
Antigua.
New Judges’ Ruies
It is notified for general informa-
tion that the New Judges’ Rules
printed in the body of the Antigua,
Montserrat and Virgin Islands Gazette
No. 19 of Thursday 30th April, 1964
will be adopted for use in the Virgin
Islands Circuit of the Supreme Coart
of the Windward Islands and Leeward
Islands with effect from Ist January,
1965.
Administrator's Office,
Tortola,
British Virgin Islands,
2nd November, 1964.
Any person disputing their water
rate for the quarler July/September,
1964, are requested to lodge their
querry at the Public Works Depart-
ment not later than November 21st.
Ministry of Public Works and
Communications,
31st October, 1964.
Ref. No. P.W.C. 74/6—II
It is notified for general informa-
tion that Mrs. GREGORIA ANTONIA
JIMENEZ BATISTA DE O’NFAL, has
been registered as a citizen of the
United Kingdom and Colonies under
section 6 (2) of the British Nationality
Act, 1948.
Registrur’s Office,
Tortola,
British Virgin Islands.
3rd November, 1964. 3
Itis hereby notified for general in-
formation that the Administrator has
this day appointed Mr. RBNDALL
O’NuaL to be a Surveyor of land in
and for the Colony of Antigua.
Ministry of Public Works
and Communications
23rd October, 1964.
Ref.N o. P.W.C, 74/6—IL.
X
328 7277
horse
VOL. IX.
THE
ANTIGUA,
AND
MONT
VIRGIN ISLANDS GAZETTE.
Published by Authority.
THURSDAY, 12rq NOVEMBER, 1964.
No. 49.
No. 78.
Appointments, transfers. etc., in
the publio service, with effect from
the dates stated, are published for
general information:—
Antigua.
GoopwIn, Miss R., Probationary/Un-
certificated Teacher Education
Department, resigned appointment
Oct. 1 64
GORDON, Miss L., Staff Nurse, Hol-
berton Hospital, resigned appoint-
ment Dec. 7 64
MILLS, Mrs. G., Probationary/Uncerti-
ficated Teacher, Education Depart-
ment, appointment terminated
Sept. 7 64
ROBERTS, A., Appointed Clerical
Assistant, Labour Department
Feb. 10 64
SAMUEL, Miss J., Probationary/Un-
certificated Teacher, Education
Department, resigned appointment
Oct. 1 64
No. 79.
The following Ordinances are cir-
culated with this Gazette and form
part thereof :—
Antigua.
No. 3 of 1964, “The Electricity
(Loan) Ordinance, 1964.â€
2 po. Price 7 cts.
No. 4 of 1964, “The Harbours
and Roodsteads Act, (Amendment)
Ordinance, 1964.â€
4 pp. price 11 cts.
Virgin Islands.
No. 12 of 1963, **The Companies
Act (Amendment) Ordinance, 1963.â€
10 pp. Price 23 cts.
No. 14 of 1963, “The Jury Act
(Amendment) Ordinance, 1963.â€
2 pp. price 7 ots.
No. 2 of 1964, “The Foreign
Judgements Reciprocal Ordinance,
1964.†14 pp. Price 31 ets.
No. 3 of 1964. “The Facilities for
Title Ordinance, 1964.â€
22 pp. Price 47 cts.
No. 5 of 1964, ‘The Income Tax
(Amendment) Ordinance, 1964.â€
4 py. Price 11 cta.
The Trade & Revenue
Ordinance No. 8 of 1900
Under the provisions of Section 48
of this Ordinance the confiscated
goods described below will be sold
by Public Auction at the Customs
Wharf, St. Mary’s Street on Thursday
19th November, 1964, at 2.30 p.m.—
1 Motor Car H. 2283
1 Motor Car A. G. 335
Rum
Whisky
Liquer.
EARL O. PESTAINA,
Collector of Customs.
TRADE MARKS OFFICE,
ANTIGUA, lst November, 1964.
CARRERAS LIMITED of Christo-
pher Martin Road, Basildon Essex,
England have applied for Registra-
tion of one Trade Mark consisting of
the following —
STRATHMUIR
in Class 45 in respect of 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 & Virgin
Islands Gazette, give notice in du-
plicate at the Trade Marks Office,
Antigua, of opposition to registration
of the said Trade Mark.
O. W. JACK,
Registrar of Trade Marks.
234 THE ANTIGUA MONTSERRAT & VIRGIN ISLANDS GAZETTE.
ANTIGUA.
THE REGISTRATION OF UNIT&D
Kinepom PATENTS Act, 1925.
NOTICE 18 HEREBY GIVIEN that
UNIVERSAL OIL PRODUCTS
COMPANY of 30 Algonquin Road,
Des Plaines, Llinois, CU. Ss. A. have
applied for registration in Antigua of
United Kingdom Patent No. Y1373L
dated the 8th day of August 1961,
and issued on the 17th day of April,
1963, and have filed at the Registrar’s
Office at the Court House, St. John’s,
Antigua, a complete copy of the
specifications and the Certificate of
the Comptroller General of the United
Kingdom Patent giving full particu-
lars 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 date of this adver-
tisement give notice to the Regitsrar
of opposition to the issue of a Certifi-
cate 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 30th day of October,
1964.
O. W. JACK,
Registra of Patents.
Registrar’s Office,
Court House,
St. John’s, Antigua.
ANTIGDA.
THE REGISTRATION OF UNITED
Kincpom PATENTS Acts, 1925.
NOTICE IS HEREBY GIVEN that
UNIVERSAL OIL PRODUCTS
COMPANY of 30 Algonquin Road,
Deg Plaines Illinois, U.S. A. have ap-
plied for registration in Antigua of
United Kingdom Patent No. 939200
dated the 8th day of November, 1961,
and issued on the 29th day of January,
1964, and have filed at the Registrar’s
Office at the Court House, St. John’s,
Antigua, a complete copy of the speci-
fications and the Certificate of the
Comptroller General of the United
Kingdom Patent giving full particu-
lars of this patent which will be open
to public inspection at the said office
at any time between the hours of
900 am. 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 date 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 30th day of October,
1964.
O. W. JACK.
Registrar of Patents.
Registrar’s O fhe,
Court House.
St. John’s, Antigua.
ANTIGUA.
THE REGISTRATION OF UNITED
KINGDOM PATENTS ACT, 1925.
NOTICE IS HEREBY GIVEN that
UNIVERSAL OIL PRODUCTS
COMPANY of 80 Algonquin Road, Des
Plaines, Illingis, U. S. A. have applied
for registration in Antigua of United
Kingdom Patent No, 934382 dated the
24th day of March, 1961, and issued
on the 10th day of December, 1963,
and have filed at the Registrar’s Office
at the Court House, St. John’s, Antigua,
a complete copy of the specifications
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 honrs 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 date 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 30th day of October, 1964.
O. W. JACK,
Registrar of Patents.
Registrar's Office,
Court House,
St. John’s, Antigua.
ANTIGUA.
THE REGISTRATION OF UNITED
KINGDOM PaTENTsS AcT, 1925.
NOTICE IS HEREBY GIVEN that
UNIVERSAL OIL PRODUCTS
COMPANY of 30 Algonquin Road,
Des Plaines, Illinois, U. 8. A. have ap-
plied for registration in Antigua of
United Kingdom Patent No. 933489
dated the 15th day of March, 1961,
and issued onthe 27th day of Novem-
ber, 1963, and have filed at the
Registrar’s Office at the Court House,
St. John’s. Antigua, a complete copy
of the specifications and the Certificate
of the Comptroller General of the
United Kingdom Patent giving full
particulars of this patent which will be
| Noverner 12, 1964,
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 date of this advertisement
give notice to the Registrar of opposi-
tion tothe issue ot a Certiticate of
registration upon any of the grounds
preecribed in Section 10 of the Patents
Act, 1906 for opposition to the grant
of Letters Patent.
Dated the 30th day of October, 1964.
O. W. JACK,
Registrar of Patents.
Registrur’s Office,
Couré House,
St. John’s, Antigua.
ANTIGUA,.
VHE REGISTRATION OF UNITED
KINGDOM Var NTS ACT, 1925,
NOTICH IS HEREBY GIVEN that
UNIVERSAL OIL PRODUCTS
COMPANY of 80 Algonquin Road,
Des Plaines, Mlinois, U. 8. A. have ap-
plied for registration in Antigua of
United Kingdom Patent No. 931824
dated the 19th day of March, 1962,
and issued on the 6th day of Novem-
ber, 1963, and have filed at the Regis-
trar’s ONlice at the Court House, St.
John’s, Antizua, a complete copy of
the specifications 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 date of this advertisement
give notice to the Registrar of opposi-
tion to the issue of a Uertificate 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 30th day of October, 1964.
O. W. JACK,
Registrar of Patent,
Registrar's Office,
Court House,
St. John’s, Antigua.
“Tenders are invited for the supply
of the wndermentioned items to
Government departments in Antigua,
in respect of the period Ist January,
1965, to 31st December, 1965:—
Petrol
Lubricating Oil.
All tenders must be addressed to
the Administrative Secretary, Publie
November 12, 1964]
Works & Communications in sealed
envelopes marked “ Tenders for the
Supply of Petrol and Lubricating
Oil†and delivered to the Adminis-
tration Building not later than
4.00 p.m. on Wednesday, 16th
December, 1964.
tovernment does not bind itself to
accept the lowest or any tender.
Administraiton Building,
St. John’s,
Antigua.
28th October, 1964.
Ref. No. 54/14.
Windward Islands and
Leeward Islands Court
of Appeal.
PURSUANT to Section 14 (2) of
the Windward Islands and Leeward
Islands Court of Appeal Rules, 1940
notice is hereby given that His Lord-
ship the Chief Justice has arranged
for asitting of the Court of Appeal for
the Windward Islands and Leewurd
Islauds in the Colony of Antigua to
commence on Tuesday, Ist day of
December, 1964 at 9.30 a.m. for the
purpose of hearing appeals from the
decisions of Magistrates.
All persons concerned are notified
to govern themselves accordingly.
Dated this 23rd day of October,
1964.
0. W. JACK,
Registrar.
TRADE MARKS OFFICE,
MONTSERRAT 14th Oct. 1964.
FRISCO FOODS CORPORATION
of 100 West Tenth Street, Wilmington
99, Delaware, United States of
America have applied for Registration
of one Trade Mark consisting of the
following:
FRISCO
in Class 42, that is to say, Meat, fish,
poultry and game; meat extracts;
preserved, dried and cooked fruits and
vegetables; jellies; jams; eggs; milk
and other dairy products; edible oils
and fats; preserves, pickles.
Coffee, tea, cocoa, sugar, rice, tapioca
gago, coffee substitutes; flour and
preparations made from cereals; bread
biscuits; cakes, pastry and confeo-
tionery, ices, honey, treacle, yeast,
baking-powder; salt, mustard, pepper,
vinegar, sauces, spices ice.
The A).-Jlicants claim that they
have not: d the said Trade Mark in
repect of be said goods before the
date of th sid Application.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the dntigua dlontserrat & Virgin
Islands Gazette give notice in dupli-
cate at the Trade Marks Office, Mont-
serrat, of opposition of the said Trade
Mark.
Cc. C. St. Louts,
Reyistrar of Trade Marks.
NOTICE TO IMPORTERS
Goods which have not been remov-
ed from the Qnueen’s Warehouse
within three months will be sold by
Public Auction at the Point Ware-
house on Thursday 26th November,
1964, at 2.30 p.m.
Importers who have passed war-
rants on any of the items listed for
sale are asked to remove them before
the day of the sale.
Copies of the list of goods for rale
can be seen at the Queen’s Warehouse,
the Bonded Warehonse at the Point
and the Customs Building.
HARL O, PESTAINA,
Collector of Cusotme.
26/10/64.
TENDER.
Tenders are invited for the supply
to Government of its requirements of
cement of appreximat-ly 6,000 bags
per month for the period Ist January
to 80th June, 1965.
All cement should be delivered in
bags and the successful tenderer will
be required to keep the above quanti-
ties in stock in his storeroom and to
make deliveries therefrom in un-
broken bags and in good condition 1s
and when required by Government.
All tenders must be accompanied
by a certificate signed by qualified
engineers or chemists to the cffect
that the cement meet in all respect the
requirements of BSS. 12. This
certificate must not be more than 2
months old on the day on which
tenders are received, and Government
reserves the right to demand such
certifioates periodically and to reject
any shipment not meeting the re-
quired specifications.
Government does not bind itself to
accept the lowest or any tender.
Tenders should be addressed ina
sealed envelope to the Administrative
Secretary, Public Works and Com-
munications, Administration Building
and should reach that office not later
than 4.00 p.m. on Thursday 10th
December, 1964.
Administrative Secretary,
Ministry of Public Works
and Communications,
dducnistration Building,
St. Johi's,
Antiqua.
30th October, 1964.
THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE 235
TENDER
TENDERS are hereby invited for
the for transport by motorcar of
public officers travelling on duty for
the year ending 3lst December 1965.
2. Such tenders should be in the
respeot of single journey from the
place where the public officer enters
the car to the place at which he leaves
it (t.¢. so much a mile for the stngle
journey) and charge for waiting, if
any, should be stated. Provided
that where the officer enters or leaves
the car outside the city limitsa charge
may be made for the distance between
the point and St. John’s.
3. Government will not be pre-
cluded from the hiring seats for public
officers in Public service vehicles
which would otherwise be proceeding
to the officer’s destination where this
will result in any economy ey. for
customs officers going to Coolidge
Airfield on duty in a car hired or
used by Airline Agents.
4. Government reserves the right
to hire or use cars, or seats in cars,
other than the contractor’s cars. for
public officers proceeding on duties
connected with the Customs or
revenue.
5. Government does not bind itsef
to accept the lowest or any tender.
6. The contractor will be expected
to provide prompt and efficient service
and any agreement entered into witha
contractor will be subject to the
following conditions:
(i) The contractor shall whenever
required furnish a car.
(ii) Tf due notieer of the reqnire-
ment of acar has been given
and failing any satisfactory
explimation the Contractor’s
car arrives more than five
minutes after the required
time, Government shall have
the right to deduct a penalty
not exceeding $2.40 from any
of the the sums due and
owing to the Contractor.
(iii) In the event of the Contrac-
tor’s car being more than
15 minutes later after the
required time, Government
may cancel the contract on
giving the Contractor one
weck’s notice in writing.
iv) Government shall also have
the right to terminate the
contract on giving one week’s
notice in writing if the
service is generally unreli-
able through repeated un-
punctuality, defective cars or
other cause.
7. The Tender should giate the
number of curs to be at the disposal
of Governim nt.
236 THE ANTIGUA, MONTSERRAT & VIRGIN ISLANDS GAZETTE. [November 12, lvo4
8. All tenders should be addressed
to the Administrative Secretary,
Ministry of Public Works & Com-
munications, in a sealed envelope
marked “Tender for Official Trans-
port†and should be lodged at the
Administration Building not later
than 4 p.m. on Friday, 27th Novem-
ber, 1964.
Administrative Secretary,
Ministry of Public Works
and Communications.
Ref. No. A. 78/17—II
Tenders are hereby invited for the
operation of the Mail Service between
Barbuda and Antigua during the
year 1965. The dimensions of the
boat to be used should be stated in
the tender.
2. The Tenderer will be expected
to make a trip at least once per week,
leaving Barbuda on Tuesday and
Friday, weather permitting.
3. He will be responsible for the
safe delivery of mails and may be
required to perform any other offi-
cial business with which he may be
entrusted,
4, Tenders should be addressed to
the Warden, Barbuds, marked ‘ Ten-
der for Mail Service Barbuda†and
should reach his office not later than
Friday 4th December, 1964.
5. Government does not bind
itself to accept the lowsst or any
tender.
Ministry of Public Works
and Communications
St. Johi's, Antivtia.
Ref. No. A, 62/6.
RAINFALL FIGURES
Agricultural Department,
Antigua.
Month. 1960 196) 1962 1963 1964
January 3.84 2.16 6.77 462 2.99
February 5.09 2.31 0.92 1.12 0.79
March 3.18 1.84 081 062 1,21
April 1.48 0.74 3.56 1.26 5.04
May 1.49 2.31 4.42 6.95 3.32
June 1.79 2.90 5.10 2.87 1.40
July 5.01 429 268 1029 3.69
August 2.88 5.02 9.46 1.85 3.62
Sept. 3.72 2.43 740 4.61 4.29
October 3.70 38.50 2.79 7.27 2.45
Nov. 7th 1.44 1.56 2.92 1.01 0,00
35.62 29.06 46.3 42.37 28.80
TRADE MARKS OFFICE,
ANTIGUA, 17th October, 1964.
N. V. PHILIPS’ PHONOGRAPHISCHE INDUSERIE of Gerrit van der Veenlaan 4, BAARN The Nether-
lands have applied for Registration of one Trade Mark consisting of the following :—
in Class 8, that is to say, gramophone records and other phonogram carriers; apparatus for recording, reproducing and
amplifying sound.
The Applicanys claim they hava ussd the said Trade Mark in respect of the said goods for 6 years 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 Islunds 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.
Printed at the Government Printing Office. Antigua. Leeward Islands.
By Roserr Linbsay, Government Printer.—By Authority.
1964,
'Price $1.37]
No. 3 of 1964. Electricity (Loan) Ordinance. — ANTIGUA.
[L.s. ]
I Assent,
D. J. G. Ros,
Administrator.
22nd Septmber, 1964.
ANTIGUA.
No. 3 of 1964.
An Ordinance to anthorise the raising of a loan or
loans to provide funds to weet the cost of finan-
cing the extension of the electricity system.
[ lst July, 1964]
WHEREAS it is expedient to raise a loan or
loans of four million eight hundred thousand dollars
for the purposes specified in the Schedule hereto.
Be it enacted by the Queen’s Most Hxcellent
Majesty, by and with the advice and consent of the
Legislative Council of Antigua, and by the authority
of the same as follows:— ,
1. This Ordinance may be cited as the Elec- gnort title.
tricity (Loan) Ordinance, 1964.
2. In this Ordinance the expression ‘“terri- Interpreta-
tory†means the Colony of Antigua. tion.
3. It shall be lawful for the Administrator, Authority to
borrow a sum
and he is hereby authorised from time to time ashe not exceeding
may require the same, to borrow from any person or aed atoponi
persons, body or bodies politic or corporate, willing tion of money
borrowed.
Anticua. 2 . Llectricity (Loan) Ordinance. No. 3 of 1964.
to lend the same, a sum or sums of money not ex-
ceeding four million eight hundred thousand dollars
' to be appropriated and applied by him to the pur-
poses specified in the Schedule hereto.
4.. The principal monies and interest repre-
Principal 4 .
moniesand — sented by any loan or loans raised under the. provi-
interest a + :- a
chargeupon Sons of this Ordinance are hereby charged upon
gereral and’ shall be payable out of general revenue and
en assets of the territory.
Manner of 5. The loan or loans hereby authorised or any
raising loan =~ part’ of such loan or loans may be raised under the
9/1951. the provisions of the General Local Loan Ordinance,
1951, or notwithstanding anything to the contrary
contained in the said Ordinance, independently of
that Ordinance, us the Administrator may decide.
Conmoncs. 6. This Ordinance shall be deemed to have
ment. come into operation on the Ist day of July, 1964.
D. W. Horst,
Speuker.
Passed the Legislative Council this 17th day of August,
1964,
Ii. T. Henry,
Clerk of the Coune:t
SCHEDULE.
For the provision of a new electricity generating station and
for the extension of the territory’s electricity system.
Printed at the Government Printing Office, Antigua, Leewaru Islands,
by RoBert Linnsay, Government Printer.— By Authority.
1964.
A. 47/221—520—11.64. [Price 7 cents
No. 4 0f 1964, Harbours and Roadsteads Act
(Amendment) Ordinance.
[L.S.]
I Assent,
D. J. G. Ross,
Administrator,
4th September, 1964.
ANTIGUA.
No. 4 of 1964,
An Ordinance to amend further the Harbours and
Roadsteads Act, 1894.
[4th September, 1964. ]
Be it enacted by the Queen’s Most Exellent
Majesty, by and with the advice and concent of the
Legislative Council of Antigua, and by the autho-
rithy of the same as follows:—
1. This Ordinance. may be cited as the Har-
bours and Roadsteads Act (Amendment) Ordinance,
1964, and shall be read as one with the Harbours
and Roadsteads Act, 1894, hereinafter called the
principal Act, and all amendments thereto.
2. Section 3 of the principal Act is amended
by the deletion of the word “'This†and the sub-
stitution of the words ‘Subject to the provisions
of section 9A of this Act thisâ€â€™,
ANTIGUA
Short title.
3/1894
6/1946
Amendment
of section 3 of
Principal Act.
Antigua 2 Harbours and Roadsteads Act No. 4 of 1964
(Amendment) Ordinance.
ene ae 83. The principal Act is amended by inserting
WwW . . . .
as sections 94 next after section 9 the following scctions as sections
aud9Bin = 9A and 9B:—
principal Act.
“Penalties for 9A. (1) If any master of any
owing
mud, oil, etc. Vessel or any other person shall throw
into harbour. or deposit, or permit to be thrown or
deposited—
(a) any rubbish, earth, mud, stone,
sand, ballast or other similar
matter; or
(6) any oil or mixture containing
oil or oil residues,
in any channel leading into or out of
any harbour, or in any place within the
limits of any harbour or within any
other part of the seaward limits of the
territorial waters of the Colony, other
than such place therein as shall be
appointed for such purpose by the
Harbour Master and otherwise therein
at such times and in accordance with
such conditions as the Harbour Master
muy determine, he shall be liable toa
penalty not exceeding five thousand
dollars.
(2) Where a person other than
the master of a vessel is charged with
an offence under this section evidence
of the matters aforesaid may be given
by means of a certificate signed by the
master, and, if the master of a vessel
gives any certificate under this section
which is to his knowledge false or in
any material particular misleading, he
shall, on summary conviction be liable
in respect of each offence toa fine not
exceeding five hundred dollars.
No. 4 of 1964 Harbour and Roadsteads Act 3
(Amendment) Ordinance.
(3) For the purposes of this
section —
‘* oil†means oil of any description
and include spirit produced
from oil of any description
and also includes coal tar;
‘oil residues’? means any waste
material consisting of, or
arising from, oil or a mixture
containing oil;
‘vessel’? means any ship or boat
or any other description of
vessel used in navigation.
Bpecial de- 9B. (1) Where a person is charged
conga with an offence under section 9A of
* this Act, it shall be a defence to prove
that the oil or mixture in question was
discharged for the purpose of securing
the safety of the vessel, or of prevent-
ing damage to the vessel or her cargo
or of saving life:
Provided that a defence under this
subsection shall not have effect if the
court is satisfied that the discharge of
the oil or mixture was not necessary
for the purpose alleged in the defence
or was not a reasonable step to take in
the circumstances.
(2) Where a person is charged as
mentioned in the preceding subsec-
tion, it shall also be «a defence to
prove—
(a) that the oil or mixture escaped
in consequence of damage
to the vessel, and that as
soon as practicable after the
ANTIGUA
Anticua 4 Harbour and Roadsteads Act No. 4 of 1964.
(Amendment) Ordinance.
damage occured all reasonable
steps were taken for prevent-
ing, or ( if it could not be
prevented ) for stopping or re-
ducing, the escape of the oil
or mixture, or
(6) that the oil or mixture escaped
by reason of leakage, that the
leakage was not due to any
want of reasonable care, and
that as soon as practicable
after the escape was dis-
covered all reasonable steps
were taken for stopping or
reducing it.â€
Insertion of 4. The principal Act is amended by inserting
uew section next after section 24 the following section as sec-
as section 25 tion 25:—
in principal ,
Act
rower to 25. The Administrator may by
grant exemp-
tions, Order exempt any vessels or classes of
vessels from any of the provisions of
section 9A of this Act either absolutely
or subject to such conditions as he
thinks fit.â€
D. W. Horst,
Speaker,
Passed the Legislative Council this 17th day
of August, 1964.
EK. T. Henny,
Clerk of the Council.
No. 12 of 1963. Companies Act (Amendment) Virain
Ordinance. IsLANDS.
[L.S.]
I AssEnt,
M. S. STAVELEY,
Administrator.
Sth September 1963,
VIRGIN ISLANDS.
No. 12 of 1968.
An Ordinance to amend further the Companies
Act, Cap. 140.
[5th Setember, 1963] Commence-
ment.,
ENACTED by the Legislature of the Colony
of the Virgin Islands.
1. This Ordinance may be cited as the Short title.
Companies Act (Amendment) Ordinance, 1963, Cap. 140,
and shall be read as one with the Companies Act, 7 ee, 4/1938,
as amended, hereinafter called the Principal Act. 1956/22.
2. The Principal Act is hereby amended by Insertion of
the insertion next after section 34 of the following Te eeieal
section as section 34A:— Act.
* Power to is- 34A. (1) Subject to the provi-
sue redeema- gions of this section, a company limited
ble preference : . .
shares, by shares may, if so authorised by its
articles of association, issue preference
shares which are, or at the option of
the company are to be liable, to be
KA redeemd:
325.7297
(am
Â¥E>
VIRGIN 2 Oompanies Aot (Amendment) No. 12 of 1963.
ISLANDS. Ordinance.
Provided that—
(a) no such shares shall be
redeemed except out of pro-
fits of the company which
would otherwise be available
for dividend or out of the
proceeds of a fresh issue of
shares made for the purposes
of the redemption;
(6) no such shares shall be
redeemed unless they are
fully paid:
(c) the premium, if any payable
on redemption, must have
been provided for out of the
profits of the company, before
the shares are redeemed:
(d) where any such shares are
redeemed otherwise than out
of the proceeds of a fresh
issue, there shall out of pro-
fits which would otherwise
have been available for divid-
end be transferred to a
reserve fund, to be called “ the
capital redemption reserve
fund,†a sum equal to the
nominal amount of the shares
redeemed, and the provisions
of this Act relating to the
reduction of the share capital
of a company shall, except us
provided in this section, apply
as if the capital redemption
reserve fund were paid-up
share capital of the company.
(2) Subject to the provisions of
this section the redemption of pre-
ference shares thereunder may be
effected on such terms and in such
manner as may be provided by the
articles of association of the company.
No. 12 of 1963. | Companies Act (Amendment) 3
Ordinance.
(3) The redemption of preference
shares under this section by a company
shall not be taken as reducing the
amount of the company’s authorised
share capital.
(4) Where in pursuance of this
section a company has redeemed or is
about to redeem any preference shares,
it shall have power to issue shares up
to the nominal amount of the shares
redeemed or to be redeemed as if those
shares had never been issued, and
accordingly the share capital of the
company shall not for the purposes of
any enactments relating to stamp duty
be deemed to be increased by the
issue of shares in pursuance of this
subsection:
Provided that, where new shares
are issued before the redemption of the
old shares, the new shares shall not, so
fur as relates to stamp duty, be deemed
to nave been issued in pursuance of this
subsection unless the old shares are
redeemed within one month after the
issue of the new shares.
(5) The capital redemption re-
serve fund may, notwithstanding any-
thing in this section, be applied by the
company in paying up unissued shares
of the company to be issued to members
of the company us fully paid bonus
shares.â€
8. Section 48 of the Principal Act is hereby
repealed and the following section substituted
therefor:—
“ Annual list 48. (1) Every company having
of members a share capital shall once at least in
y. .
every year make a list of all persons
who. on the fourteenth day after tlie
first or only ordinary general meeting
in he year, are members of the
company, and of all persone who have
VIRGIN
‘su ANDS.
Section 48
the Principal
Act repealed
and replaced.
Virain
ISLAVDs,
4
Companies Act (Amendment) No. 12 of 1963.
Ordinance.
ceased to be members since the date of
the last retarn or (in the case of the
first return) of the incorporation of the
company.
(2) The list shall state the names,
addresses, and occupations of all the
past and present members therein
mentioned, and the numbers of shares
held by each of the existing members
at the date of the return specifying
shares transferred since the date of the
_ last return or (in the case of the first
return) of the incorporation of the
company by persons who are still
members and have ceased to be mem-
bers respectively and the dates of
registration of the transfers, and shall
contain summary distinguishing
between shares issued for cash and
shares issued as fully or partly paid up
otherwise than in cash, and specifying
the following particulars:—
(a) the amount of the share
capital of the company, and
the number of the shares into
which it is divided;
(6) the number of shares taken
from the commencement of
the company up to the date
of the return;
(c) the amount called up on
each share;
(ad) the total amount of calls
received ;
(e) the total amount of calls
unpaid;
(f) total amount of the sums
(if any) paid by way of
commission in respect of any
shares or debentures, or
allowed by way of discount in
No. 12 of 1963.
Companies Act (Amendment) 5 Vinain
Ordinance.
respect of any debentures
since the date of the last
return;
(g) the total number of shares
forfeited;
(h) the total amount of shares
or stock for which share
warrants are outstanding at
the. date of the return;
(t) the total amount of share
warrants issued and sur-
rendered respectively since
the date of the last return;
(7) the number of shares or
amount of stock comprised in
each share warrant;
(£) the names and addresses of
the persons who at the date
of the return are the directors
of the company, or occupy
the position of directors, by
whatever name called; and
(/) the total amount of debt
due from the company in
respect of all mortgages and
charges which are required
to be registered with the
Registrar of Joint Stock
Companies under this Act.
(3) The summary shall also
(except where the company is a private
company) include—
(a) a statement made up to
such date 1s may be specified
in the statement, in the form
of a balance sheet, audited by
the company’s auditors, and
containing a summary of its
share capital, its liabilities
and its assets, giving such
ISLANDS,
Viraix
IsLANDS,
Insertion of
Caption and
section 234A
in the Prinoi-
pal Act.
6 Companies Act (Amendment) No. 12 of 1963.
Ordinanee.
particulars as will disclose
the general nature of these
liabilities and assets, and how
the values of the fixed assets
have been arrived at;
(6) a further statement show-
ing what part, if any, of the
issued capital of the company
consists of redeemable pre-
ference shares and the earliest
date on which the company
has power to redeem those
shares.
(4) The above list and summary
must be contained ip a separate part of
the register of members, and shall be
completed within seven days after the
fourteenth day aforesaid, and _ the
company shall forthwith forward to the
Registrar of Joint Stock Companies a
copy signed by the manager or by the
secretary of the company.â€
4. The principal Act is hereby amended by
the insertion next after section 234 of tae following
caption and new section as section 234A :—
“PART IX.
COMPANIES ESTABLISHED OUTSIDE
THE COLONY.
Requirements 234A. (1) Every Company in-
us to compan: corporated outside the Colony which
eg established : . ae
outside the establishes a place of business within
Colony. the colony shall within one month from
the establishment of such place of
business, und every sucl: company
which before the comiag ino operation
of this section estakli.hed a place of
business within the Coiony, shall
within six months fron the coming into
operation of this section file with the
Registrar of Joint Stock Companies for
registration—
63. Companies Act (Amendment) 7
Ordinance.
(a) a certified copy of the charter
statutes, or memorandum of asso-
ciation and articles of association of
the company, or other instrument
constituting or defining the con-
stitution of the company, and, if
the instrument is not written in
the English language, a certified
translation thereof ;
(6) a list of the directors and secre-
taries of the company contuining
the particulars mentioned in sub-
section (2) of this section;
(c) the names and addresses of some
one or more persons resident in
the Colony authorised to accept
on behalf of the company service
of process and any notices required
to be served on the company:
and, in the event of sny alternation
being made in any such instrument or
in the directors or in the names or
addresses of any such persons as
herein required, the company shall
within fifteen days from the date of
such alternation file with the Registrar
of Joint Stock Companies a notice of
the alternation.
(2) The list referred to in para-
graph (b) of subsection (1) of this
section shall contatn the following
particulars, that is to say—
(a) with respect to each director—
(i) in the case of an individual his
christian name and sir name
and any former christian
name or surname, his
usual residential address, his
nationality and his business
occupation, if any or if he
has no business occupation
Vir@ IN
IsLANDS,
VirGIn 8 Companies Aot (Amendment) No, 12 of 1963
ISLANDS. Ordinance.
but holds any other director-
ship or directorships, parti-
culars of that directorship or
of those directorships; and
\
(ii) in the case of # corporation
its corporate name and regis-
tered or principal office;
(4) with respect to the secretary or,
where there sre joint secretaries,
with respect to each of them—
(i) in the case of an individual
his present christian name
and surname, any former
christian name and sir name
and his usual residential ad-
dress; and
(ii) in the case of a corporation or
a scottish firm, its corporate
or firm name and registered
or principal office.
(3) Any process or notice required
to be served on the company shall be
sufficiently served if addressed to any
person whose name has been so filed as
aforesaid and left nt or sent by post to
the address waich has been so filed.
(4) Every company to which this
section applies shall in every year file
with the Registrar of Joint Stock
Companies such a statement in the
form of a balance sheet as would, if it
~ were a company formed and registered
under this Act and having a share
capital, be required under this Act to be
included in the annual summary.
(5) Every company to which this
section applies, and which uses the
word “ Limited†as part of ita name,
or whose liability is otherwise limited,
shall—
No. 12 of 1963. Companies Act (Amendment) 9 Vinain
Ordinance. IsLaNps,
(a) in every prospectus inviting
subscriptions for its shares
or debentures in the Col-
ony, state the county in
which the company is incor-
porated: and
(6) conspicuously exhibited on
every place where it carries
on business in the Colony,
the name of the company
and the country. in which the
company 13 incorporated:
(c) have the name of the company
and of the country in which
the company is incorporated
mentioned in legible char-
acters in all bill-heads and
letter paper, and in all
notices, advertisments, and
other official publications of
the company.
(6) If any company to which this
section applies fails to comply with
any of the requirements of this section
the company, and every officer or
agent of the company, shall be guilty
of an offence and shall be liable on
summary conviction to a fine not
exceeding two hundred and fifty dol-
lars in the currency of the United
States of America, or, in the case of a
continuing offence, twenty-five dollars
in the currency of the United States of
America for every day during which
the default continues
(7) For the purpose of this
section—
the expression “ certified ’? means
P
certified in such manner as_ the
Registrar of Joint stock Compan-
ies may direct to be a true copy
of a correct translation:
VIRGIN
ISLANDS.
Substitution
of Caption
“Part X†for
Caption “ Part
IX†of the
Principal Act.
10
“PART IXâ€
section 235,
Companies Act (Amendment) No. 12 of 1963.
Ordinance.
the expression “ place of businessâ€
includes a share transfer or share
registration office:
the expression “director†in
cludes any person occupying the
position of director, by whatever
name called; and
the expression ‘* prospectus â€
means any prospectus, notice,
circular, advertisment or other
invitation offering to the public
for subscription or purchase any
shares or debentures of the
company.
(8) There shall be paid to the
Registrar of Joint Stock Compan-
ies —
(a) for registering any document
as required under paragraph
(a) of subsection (1) of this
section a fee of fifteen dollars
in the currency of the United
States of America;
(0) for registering any other doc-
ument required by this section
to be filed with him a fee of
one dollar in the currency of
the united states of America.
5. The Principal Act is amended by the sub-
stitution of the caption “ PART X †for the caption
where the latter appears before
M. 8. Sravetry,
President.
Passed the Legislative council this 30th day
of August, 1963.
M. Frax,
Acting Clerk of the Council.
Printed at the Government Printing Office, Antigua, Leeward Islands
by Ropert Lindsay, Government Printer —By Authority.
420—11.64.
1904,
[Price 23 cents. |
No. 14 of 1963. = The Jury Act (Amendment) VIRGIN
Ordinance, 1968. IsLANDs,
[L.S.]
I Assent,
M. S. Sraverey,
Administrator,
4th October, 1963.
VIRGIN ISLANDS.
No, 14 of 1963.
An Ordinance to amend further the Jury Act.
Commence-
[4th October, 1963. ] ment.
ENACTED by the Legislature of the Colony
of the Virgin Islands.
1. This Ordinance may be cited as the Jury Short title.
Act (Amendment) Ordinance, 1963, and shall be ©P.°%
. ’ . 5/1930,
read as one with the Jury Act, as amended, herein- 30/1937
after called the Principal Act. tana
: No. 22
2. Section 4 of the Principal Act is hereby Amendment
amended as follows:— a
Frineipal
(a) by substituting the word “person†for the Act.
word ‘ man’â€â€™; and
(6) by substituting the words “ his or her own
name, or in trust for him or her†for the
words ‘ his own name, or in trust for himâ€
occurring in paragraph (a) of the said
section.
3. Section 5 of the of Principal Act is hereby Amendment
f section 5
amended as follows:— a
Principal
(a) by substituting the word “person†forthe 4°
word ‘“‘man’â€â€™; and
(L) by substituting the words “ his or her own
name, or in trust for him or herâ€â€™ for the
words ‘‘his own name†or in trust for
him†occurring in paragraphs (a) and (6)
otf the said section.
20 The Jury Act (Amendment) No. 14 of 1963.
Ordinance, 1963.
4. The following new section numbered 38A
shall be inserted in the Principal Act immediately
after section 38 thereof:—
* Pxemption 38A Any Judge before whom a
in certain case is or may be heard may, in his
cases,†discretion, on an application made by a
woman to be exempted from service on
a jury by reason of the nature of the
evidence to be given or of the issues to
-be tried, grant such exemption.â€
5. The Virst Schedule to the Principal Act
is hereby nmended. by substituting the words
“ medical, practitioners â€â€ for the words ‘ medical
menâ€. “
M. 5S. STAVELFY,
President.
Passed the Legislative Council this 1st day of
October, 1963. ee
M. Frax, .
Actina Clerk ot the Counerl
No, 2 of 1964 The Foreign Judgments
(Reciprocal Lnjorcement
[L.S.]
I AssEnNT,
M. S. STAVELEY,
Administrator.
24th April, 1964.
VIRGIN ISLANDS.
No. 2 of 1964.
An Ordinance to make provision for the enforce-
ment in the Colony of judgments given in
foreign countries which accord reciprocal
treatment to judgments given in the Colony,
for facilitating the enforcement in foreign
countries of judgments given in the Colony,
and for other purposes in connection with the
matters aforesaid.
[BY PROCLAMATION]
ENACTED by the Legislature of the Colony
of the Virgin Islands.
PRELIMINARY
SHORT TITLE AND INTERPRETATION.
1. - This Ordinance may be cited as the
Foreign -Judgments (Reciprocal Enforcement)
Ordinance, 1964.
2. (1) In this Ordinance, unless the context
otherwise requires—
‘“Cappeal †includes any proceeding by way of
discharging or setting aside a judgment
or an application for a new trial or a stay
of execution;
“country of the original court†means the
country in which the original court is
situated ;
atp, 72-47
re
VIRGIN
IsLanps
Commence-
ment,
Shert title.
Interpreta-
tion.
VIRGIN
ISLANDS
“Judgment creditor
2 The Foreign Judyments No. 2 of 1964.
(Reciprocal Enforment)
a ;
‘judgment†means a judgment or order
given or made by « court in any civil
proceedings, or a judgment or order made
by a court in any criminal proceedings
for the payment of a sum of money in
respect of compensation or damages to an
injured party:
7
means the person in
whose favour the judgment was given,
and includes any person in whom the
rights under the judgment have become
vested by succession or assignement or
otherwise;
“judgment debtor†means the person against
whom the judgment was given, and
includes any person against whom the
judgment is enforcerble under the law
of the original court;
“Judgment given in the Supreme Courtâ€
includes judgments given in any court on
appeal against any judgment given in the
Supreme Court;
“original court.’ in relation to any judgment
means the court by which the judgment
Was given;
‘prescribed ’†means prescribed by rules of
court;
“registration ’? means registration under Part I
cof this Ordinance, and the expressions
‘register’? and “registered†shall be
construed accordingly ;
‘registering court†in relation to any
judgment means the court to which an
application to register the judgment is
made. :
(2) For the purposes of this ‘Ordinance the
expression ‘action in personam †shall be deemed
to include any matrimonial cause or anv proceed-
ings in connection with any of the following
No. 2 of 1964. The Foreign Judgments 3
(Reciprocal Enforcement)
matters, that is to say, matrimonial matters,
administration of the estates of deceased persons,
bankruptcy, win-ling up of companies, lunacy, or
guardianship of infants.
PART I
REGISTRATION OF FOREIGN JUDGMENTS.
3. (1) If the Administrator -in Council
is satisfied that, in the event of the benefits
conferred by this Part of this Ordinance being
extended to judjments given in the superior courts
of any foreign country, substantial reciprocity of
treatment will be assured as respects the
enforcement in that foreign country of judgments
given in the Supreme Court, he may by Order
direct—
(a) that this Part of this Ordinance shall
extend to that foreign country; and
(b) that such courts of that foreign country
as are specified in the Order shall be
deemed to be superior courts of that
country for the purposes of this Part of
this Ordinance. /
VirGin
ISLANDS.
Power to
extend Part
1 of Ordi-
nance to
foreign
countries.
(2) Any judgment of a superior court of a_
foreign country to which this Part of this
Ordinance extends, other than a judgment of such
a court given on appeal from a court w hich is not
a superior court, shall be a judgment to which this -
Part of this Ordinance applies, 1f—
(a) it is final and conclusive as between the
parties thereto; and
(6) there is payable thereunder a sum of
money, not being a sum payable in
respect of taxes or ‘other charges of a like
nature or in respect of a fine or other
penalty; and
(c) it is given after the coming into operation
of the Order directing that this Part of
this Ordinance shall extend to that
foreigi’ country.
VIRGIN
ISLANDS.
Application
for, and
effect of,
registration
of foreign
judgmeat.
4 The Foreign Judgments No. 2 of 1964.
(Reciprocal Enforcement)
(3) For the purposes of this section, a
judgment shall be deemed to be final and conclusive
notwithstanding that an appeal may be pending
against it, or that it may still be subject to appeal,
in the courts of the country of the original court.
ER
ae r . . ° ~
(4) The Administrator in Councal may by
subsequent Order vary or revoke any Order
previously made under this section.
4. (1) A person, being a judgment creditor
under a judgment to which this Part of this
Ordinance applies, may apply to the Supreme
Court at any time within six years after the date
of the judgment, or, where there have been
. proceedings by way of appeal against the judgment,
after the date of the last judgment given in those
proceedings, to have the judgment registered in the
Supreme Court, and on any such application the
court. shall, subject to proof of the prescribed
matters and to the other provisions of this
Ordinance, order the judgment to be registered;
Provided that a judgment shall not be
registered if at the date of the application—
(a) it has been wholly satisfied; or
(6) it could not be enforced by execution in
the country of the original court.
(2) Subject to the provisions of this Ordinance
with respect to the setting aside of registration—
(a) o registered judgment shall, for the
purposes of execution, be of the same
force and effect; and
() proceedings may be taken on a registered
judgment; and
(ec) the sum for which a judgment is registered
shall carry interest; and .
(d) the registering court shall have the same
‘control over the execution of a registered
judgment;
No. 2 of 1964. The Foreign Judgments 5
(Reciprocal Enforcement)
as if the judgment had been a judgment originally
given in the registering court and entered on the
date of registration:
Provided that execution shall not issue on the
judgment so long us, under this Part of this
Ordinance and the rules of the court made there-
under, it is competent for any party to make
application to have the registration of the judgment
set aside, or, where such an application is made,
until after the application has been finally
determined.
(3) Where the sum payable under a judgment
which is to be registered is expressed in @ currency
other than a currency of legal tender in the Colony,
the judgment shall be registered as if it were a
judgment for such sum in a currency of legal
tender in the Colony as, on the basis of the rate of
exchange prevailing at the date of the judgment of
the original court, is equivalent to the sum so
payable.
(4) If at the date of the application for
registration the judgment of the original court has
been partly satisfied, the judgment shall not be
registered in respect of the whole sum payable
under the judyment of the original court, but only
in respect of the balance remaining payable at that
date.
(5) If, on the application for the registration
of a judgment, it appears to the registering court
that the judgment is in respect of different matters
and that some, but not all, of the provisions of the
judgment are such that if those provisions
had been contained in separate judgments those
judgments could properly have been registered, the
judgment may be registered in respect of the
of the provisions aforesaid but not in respect of any
other provisions contained therein.
(6) In addition to the sum of money payable
under the judgment of the original court, including
any interest which by the law of the country of the
original court becomes due under the judgment
up to the time of registration, the judgment shall
VirGIN
IsLaANDs.
Virain
ISLANDS.
Rules of
Court.
6 The Foreign Judyments No. 2 of 1964.
(Reciprocal Enforcemeut)
be registered for the reasonable costs of and
incidental to registration, including the costs of
obtaining a certified copy of the judgment from the
original court.
5. (1) The power to mak? rules of court
under section 16 of the Windward Islands and
Leeward Islands (Courts) Order i: Council, 1939,
shall, subject to the provisions of this section,
include power to make rules for the following
purposes—
(a) for making provision with respect to the
giving of security for costs by persons
applying for the revistration of judgment;
(6) for prescribing the matters to be proved
on an application for the registration of a
judgment and for regulating the mode of
proving those matter;
(c) for providing for the service on the
judgment debtor of notice of the regis-
tration of a judgment;
(d) for making provision with respect to the
fixing of the period within which an
application may be mide ww have the
registration of the judgment set aside and
with respect to the extension of the period
so fixed;
(e) for prescribing the method by which any
question arising under this Ordinance
whether a foreign judgment can be
enforced by execution in the country of
the original court, or what interest is
payable under a foreign judgment under
the law of the original court, is to be
determined ;
(7) for prescribing any matter which undee
this Part of this Ordinance is to br
prescribed.
(2) Rules made for the purposes of this Part
of this Ordinance shall be expressed to have, and
shall have, effect subject to any such provisions
No. 2 of 1964. The Foreign Judgments 7
- (Reciprocal Enforcement)
contiined in Orders made under section one of this
Ordinance as are declared by the said Orders to be
necessary for giving effect to agreements made
between Her Majesty and foreign countries in
relation to matters with respect to which there is
power to make rules of court for the purposes this
Part of this Ordinance.
6. (1) On an application in that behalf duly
made by any party against whom a_ registered
judgment may be enforced, the registration of the
judgment—
(a) shall be set aside if the registering court
is satisfied—
(i) that the judgment is not a judgment
to which this Part of this Ordinance
applies or was registered in contra-
vention of the foregoing provisions
_ of this Ordinance; or
(ii) that the courts of the country of the
original court had no jurisdiction in
the circumstances of the case; or
(ii) that the judgment debtor, being the
defendant in the proceedings in the
original court, did not (notwith-
standing that process may have been
duly served on him in accordance
with the law of the country of the
original court) receive notice of those
proceedings in sufficient time to
enable him to defend the proceedings
and did not appear; or
(iv) that the judgment was obtained by
fraud; or
(v) that the enforcement of the judgment
would be contrary to public policy
in the country of the registering
court; or
(vi) that the rights under the judgment
are not vested in the person by
whom the application for registration
was made;
VirGIN
ISLANDS.
Causes in
which regis-
tered judg-
ments must,
or may, be
set aside.
Vircin 8 The Foreign Judgments No. 2 of 1964.
IsLanps. (Rectprocal Enjorcements)
(6) may
be set aside if the registering court
is satisfied that the matter in dispute
in the proceedings in the original court
has
previously to the date of the
judgment in the original court been the
subject of a final and conclusive judgment
by a court having jurisdiction in the
matter. :
(2) For the purposes of this section the courts
of the country of the oriyvinal court shall, subject to
the provisions of subsection (3) of this section, be
deemed to have had jurisdiction—
(a) in the case of a judgment given in an
action in personam—
(i) if the judgment debtor, being a
defendant in the original court,
submitted to the jurisdiction of that
court by voluntarily appearing in
the proceedings otherwise than for
the purpose of protecting, or obtain-
ing the release of, property seized,
or threatened with seizure, in the
proceedings or of contesting the
jurisdiction of that court; or
(ii) if the jutgment debtor was plaintiff
in, or counterclaimed in, the pro-
ceedings in the original court; or
(iii) if the judgment debtor, being a
(iv)
defendant in the original court, had
before the commencement of the
proceedings agreed, in respect of the
subject matter of the proceedings, to
submit to the jurisdiction of that
court or of the courts of the country
of that court; or
if the judgment debtor, being a,
defendant in the original court, was
at the time when the proceedings
were instituted resident in, or being
a body corporate had its principal
place of business in, the country of
that court; or
No. 2 of 1964 The Foreign Judyments 9 Virgin
(Reciprocal Enforcement) IsLANDS
(v) if the judgment debtor, being a
defendant in the original court, had
an office or place of business in the
country of that court and the pro-
ceedings in that court were in respect
of a transaction effected through or
at that office or place;
(6) in the cise of a judgment given in an
action of which the subject matter was
immovable property or in an action in rem
of which the subject matter was movable
property, if the property in question was
at the time of the proceeding in the origi-
nal court situate in the country of that
court;
(c) in the case of a judgment given in an action
other than any such action as is mentioned
in paragraph (a) or paragraph (b) of this
subsection, if the jurisdiction of the
original court is recognised by the law of
the registering court:
(3) Notwithstanding anything in subsection
(2) of this section, the courts of the country of the
original court shall not be deemed to have had
jurisdiction—
(a) if the subject matter of the proceedings
was immovable property outside the
country of the original court; or
*) except in the cases mentioned in_ sub-
paragraphs (1), (11) and (iii) of paragraph
(a) and in paragraph (c) of subsection (2)
of this section, if the bringing of the
proceedings in the original court was
contrary to an agreement under which
the dispute in question was to be settled
othewise than by proceedings in the courts
of the country of that court; or
(c) if the judgment debtor, being a defendant
‘in the criginal proceedings, was a person
who under the rules of public international
law wat entitled to immunity from the
jurisdiction of the courts of the conntry
VIRGIN
ISLANDS
Powers of
registering
court on
application
to set aside
registration.
Foreign
judgments
which can
be registered
not to be
enforceabic
otherwise.
10 The Foreign Judgments No, 2 of 1964
(Reciprocal Enforcement)
of the original court and did not submit
to the jurisdiction of that court.
7. (1) Hf, on an application to set aside the
registration of a judgment, the applicant. satisfies
the registering court either that an appeal is pend-
ing or that he is entitled and intends to appeal,
aguinst the judgment, the courts, if it thinks fit,
may, on such terms as it may think just, either set
aside the registration or adjourn the application to
set aside the registration until after the expiration
of such period as appears to the court to be reason-
ably sufficient to enable the applicant to take the
necessary steps to have the appeal disposed of by
the competent tribunal.
(2) Where the registration of a judgment is
set aside under the last foregoing subsection, or
solely for the reason that the judgment was not at
the date of the application for registration enforce-
able by execution in the country of the original
court, the setting aside of the registration shall not
pr ejudice » further application to register the judg-
ment when the appeal has been disposed of or if
and when the judgment becomes enforceable by
execution in that country, as the case may be.
(3) Where the registration of a judgment is
set aside solely for the reason that the judgment,
notwithstanding that it bad at the date of the
application for registration been partly satisfied was
registered for the whole sum payable thereunder,
the registering court shall, on the application of the
judgment creditor, order judgment to be registered
for the balance remaining payable at that date.
8. No proceedings for the recovery of a sum
payable under a foreign judgment, being a judgment
to which this Part of this Ordinance applies, other
than proceedings by way of registration of the
judgment, shall be entertained by any court in the
Colony.
No. 2 of 1964 © The Foreign Judgments 11
(Reciprocal Enforcement)
9. (1) The Administrator in Council may
by Order direct that this Part of this Ordinance
shall apply to any part of the Commonwealth out-
side the Colony and to judgments obtained in the
courts of the said part as it applies to foreign
countries and judgments obtained in the superior
courts of foreign countries, and, in the event of the
Administrator 3 in Council so direeting, this Ordin-
ance shall have effect accordingly and section ( of
the Reciprocal Enforcement of Judgments Act shall
cease to have effect except in relation to those parts
of the Commonwealth to which it extends at the
date of the Order.
(2) If at any time after the Administrator in
Council has directed as aforesaid an Order is made
under section 3 of this Ordinance extending Part 1
of this Ordinance to any part of the Commonwealth
to which section 6 of the Reciprocal Enforcement
of Judgments Act extends os aforesaid then, in
relation to that part of the Commonwealth
(a) the last mentioned Act shall cease to have
effect ;
(b) Part 1 of this Ordinance shall have effect
as if—
(i) the expression “‘ judgment†included
an award in proceedings on an arbi-
tration if the award has in pursuance
of the law in force in the place where
it was made become enforceable in the
same manner as a judgment given by
a court in that place;
(ii) the fact that a judgment | wag given
before the coming into operation. of
the Order did not prevent it from
being a judgment to which Part 1 of
this Ordinance applied, but that the
time limited for the registration of a
judgment were, in the case of a
judgment so given twelve months
from the date of the judgment or
such longer period as may be allowed
by the Supreme Court;
VirGiIx
IsLANDS
Power to
apply Part 1
of Ordinance
to Common-
wealth, Pro-
tectorates _
and mandated
territories.
Cap. 19
Virain
ISLANDS
General effeot
of certain
foreign
judgments.
12 The Foreiyn Judgments No. 2 of 1964
(Reciprocal Enforcement)
(ili) a judgment registered in the Supreme
Court under the Reciprocal Enforce-
ment of Judgments Act before the
coming into operaticn of the Order
had been registered under Part 1 of
this Ordinance, and anything done
in relation thereto under the said
Reciprocal Inforcement of Judg-
ments Act or uny Rules of Court or
other provision applicable to the said
Reciprocal Enforcement of Judg-
ments Act, had been cone under
Part 1 of this Ordinanee or the
corresponding Rules of Court or
other provisions applicable to the
said Part 1.
(3) Reference in this section to any part of
the Commonwealth outside the Colony shall be
construed as including references to any territories
which are under Her Majesty's protection and to
any territories administered by the Government of
any purt of the Commonwealth under tne trustee-
ship of the United Nations.
Part II
MISCELLANEOUS AND GENERAL
10. (1) Subjct to the provisions of this
section, a judgment to which Part | of this Ordin-
ance applies or would have applied if a sum of
money bad been payable thereunder, whether it can
be registered, or not, and whether, if it can be
registered, it is registered or not, shall be recognised,
in any-court in the Colony as conclusive between
the parties thereto in all proceedings founded on
the same cause of action and may be relied on by
way of defence or counter-claim in any such pro-
ceedings.
(2) This section shall not apply in the case of
any judgment— -
(a) where the judgment has been registered
and the registration thereof has been set
aside on some ground other than—
No. 2 of 1964 The Foreign Judgments 138
(Reciprocai Enforcement)
(i) that a sum of money was not payable
under the judgment; or
(ii) that the judgment had been wholly
or partly satisfied; or
(iii) that at the date of the application the
judgment could not be enforced by
execution in the country of the origi-
nal court; or
(6) where the judgment has not been registered
it is shown (whether it could have been
registered or not) that if it had been regis-
tered the registration thereof would have
been set aside on an application for that
purpose on some ground other than one
of the grounds specified in paragraph (a)
of this subsection.
(3) Nothing in this section shall be taken to
prevent any court in the Colony recognising any
judgment as conclusive of any matter of law or fact
decided therein if that judgment would have been
so recognised before the paxsing of this Ordinance.
11. (1) If it appears to the Administrator in
Council that the treatment in respect of recognition
and enforcement accorded by the courts of any
foreign country to judgments given in the Supreme
Court is substantially less favourable than that
accorded by the courts of the Colony to judgments
of the superior courts of that country, the Admin-
istrator in Council may by Order apply this section
to that country.
(2) Except in so far as the Administrator in
Council may by Order under this section otherwise
direct, no proceedings shall be entertained in any
court in the Colony for the recovery of any sum
alleged to be payable under a judgment given in a
court of acountry to which this section applies.
(3) The Administrator in Council may by a
subsequent Order vary or revoke any Order pre-
viously made under this section.
VirGin
IsLanps
Power to
make foreign
judgments
unenforceable
in the Colony
if no recipro-
city,
VIRGIN
IsLanps
Issue of
oortificates
of judgments
obtained in
the Colony.
Commence-
ment.
14 The Foreign Judgments No, 2 of 1964
(Reciprocal Enforcement)
12. Where a judgment under which a sum
of money is paynble, not being a sum_ payable in
respect of taxes or other charges of a like nature or
in respect of « fine or other penalty, has been en-
tered in the Supreme Court ayainst any person and
the judgment creditor is desirous of enforcing the
judgment in a foreign country to which Part 1 of
this Ordinance applies, the court shall, on an appli-
cation made by the judgment creditor and on
payment of such fee as may be fixed for the pur-
poses of this section under section 16 of the
Windward Islands and Leeward Islands (Courts)
Order in Council, 1939, issue to the judgment
creditor a certified copy of the judgment, together
with a certificate containing such particulars with
respect to the action, including the causes of action,
and the rate of interest, if any, payable on the sum
payable under the judgment, as may be prescribed:
Provided that, where execution of a judgment
is stayed for a period pending an appeal or for any
other reason, an application shall not be made under
this section with respect to the judgment until the
expiration of that period.
18. This Ordinance shali come into operation
on such date as the Administrator may appoint by
proclamation published in the Gazette.
M. 8. Sraverzy,
President.
Passed the Legislative Council the 17th day of
March, 1964.
J. M. Crarxy,
Clerk of the Council.
‘Printed at the Government Printiny Offica Antigua Leeward Islands
by Roprrr Linpsay Government Printer.—By Authority.
420—11.64,
1964.
[Price 31 conte.}
No. 3 of 1964, Facilities for Title. VIRGIN
ISLANDS,
[L.S.]
I ASsENT,
M. S. STAVELEY,
Administrator.
24th April, 1964.
VIRGIN ISLANDS.
No. 3 of 1964.
An Ordinance to facilitate proof of and to perfect
title to land in cases of loans made to persons
on security thereof and to protect such security
with a view to encouraging agricultural and
other development and for purposes incidental
thereto or connected therewith.
[BY PROCLAMATION] Commene>?-
ment.
ENACTED by the Legislature of the Colony
of the Virgin Islands.
PRELIMINARY.
1. This Ordinance may be cited as the Short title,
Facilities for Title Ordinance, 1964.
2. In this Ordinance, unless the context Interpretae
otherwise requires— tion.
“agency †means an approved lending agency
nominated in accordance with section 37
of this Ordinance;
“ compeneantion â€â€ means compensation from the
Compensation Fund;
Gy
xe
si
x,
8.72.
Aba
WOE,
VIRGIN ? Facilities for Title. No. 3 of 1964.
ISLANDS.
“the date of deprivation’? means the date on
which the land in relation to which
the expression is used vests under -the
provisions of this Ordinance in an ageocy
as mortgagee;
“land†means land in respect of which a loan
or an application for a loan is made in
accordance with the provisions of this
Ordinance;
‘mortgage’ means any document operating as
a mortgage and expressed to be male in
reliance on the provisions of this Ordi-
nance, whether or not the same incor-
porates any other agreement or type of
security ;
“the necessary formalities� means the for-
malities prescribed by sections 4, 5, 6, 9
and 11 of this Ordinance;
‘‘ predecessors in title†includes all persons
from or through whom an applicant for a
loan derives legal or equituble title to the
estate which he claims in the land;
“Treasurer†means the officer for the time
being performing the duties of Treasurer
of the Colony.
Application for Loan and Procedure
thereafter.
Prooedure to 8. Wherea person applying to an agency for
be followed a loan for a purpose declared under section 37 of
ith reepect . . .
toloans. sc this Ordinance to be an approved purpose is unable
‘Cap. 99 to show title under the Title by Registration Act
or a title at common law which satisfies the agency
he may adopt the procedure hereinafter prescribed.
and partie 4. The person applying for the loan shall
and parti- : _
witmetebe Submit to the agency
submitted.
(a) an application in the appropriate form
Firat Schedule, set out in the First Schedule to this
Ordinance, the particulars of which shall
be verified by an affidavit made by the
applicant; and
No. 3 of 1964. Facilities for Title. 3
(5) certificates in the appropriate form set out
in the First Schedule to this Ordinance
from at least two persons of any one or
more of the classes mentioned in the
Second Schedule to this Ordinance to the
effect that within their personal knowledge
the applicant for the loan is the reputed
owner of an estate in fee simple in the
land in respect of which the application is
made and has been in continuous and
undisturbed possession of the land by
himself, his agents or tennants for a
period of at least seven years or for a
period which when added to any period
or periods of continuous and: undisturbed
possession of the land by his predecessors
in title as reputed owners in fee simple
amounts to at least seven years and is in
possession of the land on the date of the
application ;
(c) receipts or a certificate from an officer duly
authorised to issue the same showing
payment of all taxes, rates and assess-
ments on the land, by the applicant or by
the applicant and his predecessors in title
for the period of possession stated in the
certificates mentioned in paragraph (6) of
this section or where different periods are
stated, for the longer of those periods;
(d) all deeds and other documents in his
possession relating to the title to the
land.
5. (1) If the agency is in favour of making
a loan the agency shall cause notice of the applica-
tion in the appropriate form set out in the First
Schedule to this Ordinance to be published in two
consecutive ordinary issues of the (razei/e and in
tivo issues of the local newspaper (if any) and ina
newspaper published in the Virgin Islands of the
United States of America and as soon as may be
convenient after the receipt of the application but
not later that the date of first publication in the
Gazette, the agency shall—
VIRGIN
ISLANDS.
First Schedule.
Second
Schedule.
Publication
of notice of
application.
VIRGIN
ISLANDS.
Representa-
tive of agency
to atteud on
land and note
objections—
acknowledge-
ment of
objections.
4 Facilities for Title. No. 3 of 1964.
(a) put up a copy of the notice in some
conspicuous place on the land and in two
other places at least in the vicinity of the
land;
8) vend a copy of the notice by registered
post to every person (other than the
applicant) stated in the application to be
an occupier of the land or to be an occupier
or owner of any land contiguous thereto.
(2) The Superintendent of the Government
Printing Office may, in order to save expense,
combine in one notice in such manner as may be
convenient any number of notices received by him
for publication in the Gazette under this section so
however, that all the particulars required to be
inserted in the notice in respect of each application
are clearly and accurately stated.
6. (1) On the date and at the hour men-
tioned in the notice of application, which date shall
be not earlier than the first publication of the notice
in the Gazette nor less than ten nor more than
twenty-eight clear days after copies of the notice
have been sent by registered post as provided by
section 5 of this Ordinance, the agency shall cause a
representative duly authorised to act on its behalf,
to attend on the land, view the same, check the
boundaries thereof and note any objection or
information pertaining to the title or boundaries
that may be stated or given by any person.
(2) Where from any cause beyond the control
of the agency or its representative the latter is
unable to attend on the land on the date mentioned
in the notice of application the same or any other
representative of the agency may subsequently
attend on the land within three months of the first
publication of the notice of application in the Gazette
for the purposes specified in subsection (1) of this
section, if notice of his intention so to do on a
specified date and at a specified hour be sent at least
ten clear days before the date of attendance by
registered post, addressed to the persons to whom
copies of the notice of application are required to be
sent by registered post under subsection (1) of
section 5 of this Ordinance.
No. 3 of 1964. Facilites for Title. 5
(3) A representative shall on the occasion of
his attendance 01 the land for the purposes specified
in cubsection (1) of this section give to any person
stating any objection pertaining to the title or
boundaries of the land a written acknowledgement
of the objection with the particulars thereof.
7. (1) No person shall notify to an agency
or to any representative of any agency, or to any
dircetor, manayer, agent or officer thereof, any
objzction to the accep tatice of a mortgage (whether
as to title, boundaries or any other matter) without
having reasonal le grounds tor so doing.
(2) Any person who notifies any such objec-
tion as aforesaid, without having reasonable
grounds for so doing, shall be liable to the applicant
atfected as for a tort.
(3) If the applicant suceeds in any action
instituted under subsection (2) of this section the
agency may, on receipt of a.certificate disclosing the
issues determined and. the resuls thereof and signed
by the Registrar or Clerk of the Court which heard
and determined the said action (whese duty it shall
be to issue the same at the request of the applicant)
disregard the objection and accept a mortgage from
the applicant in accordance with the provisions of
subsection (1) of section 9 of this Ordinance.
(4) In any subsequent application by the same
applicant the agency shall disregard the objection
or any renewal thereof.
8. (1) Every representative of an agency
and every director, manager, agent or officer thereof
shall inform the aveney in writing of any objection
(whether as to title, boundaries or any other matter)
which is made or cominunicated to him and of any
knowledge which he may have that any person is
entitled to or claims an estate or interest in the land
or a boundary adverse to the title of an applicant
for a loan.
(2) The duty to inform the agency imposed by
subsection (1) of this section shall be sufficiently
discharged if such representative, director, manager,
agent or officer communicates all matters of or
VIRGIN
ISLANDS.
Publication of
and procedure
with respect
to frivolous
objections.
Duty of
officers and
representa-
tives of agency
to disclose
knowledge of
objections.
VIRGIN
ISLANDS.
Circumstanoes
in which
mortgage may
or may not be
accepted by an
agency.
First Schedule.
Effect of
mortgage.
6 Facilities for Title. No. 3 of 1964.
concerning which he is required under the said
subsection to inform the agency to the body
responsible for managing the affairs of the agency.
(3) Until so informed the agency shall be
deemed not to have notice of any such objection or
knowledge of any such adverse right or claim.
-9. (1) Subject to the provisions of subsection
(2) of this section, an agency may accept «a mortgage
if it is executed after the expiration of thirty days
and before the expiration of six months from the
second publication of the notice of application in the
Gazette in accordance with section 5 of this Ordi-
nance or from the date on which a representative of
the agency attends on the land in accordance with
section 6 of this Ordinance, whichever event be the
later.
(2) An agency shall not accept a mortgage in
any case where—
(a) an objection as to title or boundaries has
been notified to it, unless the objection
has been withdrawn in writing in the
appropriate form set out in the First
Schedule to this Ordinance; or
(6) it has knowledge of an unsatisfied previous
incumbrance affecting the land, unless the
previous incumbrancer consents and the
amount thereof is fully satisfied out of the
proceeds of the mortgage accepted by the
agency; or
(ec) it has knowledge that any person is enti-
tled to or claims an estate or interest in
the land or a boundary adverse to the
applicant.
10. (1) A mortgage executed after compli-
ance with the necessary formalities shall be valid
for all purposes and shall, subject to the provisions
of subsection (2) of this section, vest indefeasibly
in the agency the estate in fee simple in the land,
“8 mortgagee, and thereupon there shall be vested
indefeasible in the mortgagor the equity of redemp-
tion in the estate in fee simple in the land.
No. 3 of 1964. Facilities for Title. 7
(2) The estate and interest of the mortgagor
and the mortgagce shall be subject to all public
rights of way, und to all easements acquired by
enjoyment or uscr, or subsisting over or upon or
effecting the land at the date of the mortgage and
to all taxes, rates and assessments unpaid at that
date.
11. Every mortgage made in reliance on the
provisions of this Ordinance shall be expressed to
have been so mace, as a condition to enjoying the
beneiits,and protection of this Ordinance and operat-
ing «s herein provided.
12. For the avoidance of doubt it is hereby
expressly declared that the title to the land shall,
after execution of a mortgage, be capable of being
registered under the Title by Registration Act and
for the purpose of such registration the certificate
provided for in section 13 of this Ordinance shall be
accepted as proof of the title to the land therein
described.
-18. A certificate in the appropriate form set
out in the First Schedule to this Ordinance signed
by an officer of the agency duly authorised by the
agency in that behalf to the effect that a mortgage
has been duly executed and that the necessary
formalities have been complied with in respect of
of that mortgage shall for all purposes including
the bringing of the land under the operation of the
Title by Registration Act and in al] legal proceed-
ings be prima facie proof of the fact of the mortgage
and that it relates to the lund described in the cer-
tificate and that the necessary formalities have been
comdlied with ard every such certificate shall be
signed in the presence of and witnessed by the
Magistrate or a Justice of the Peace for the Colony.
14. Wher a mortgage is made in respect of
land which is sul ject to the provisions of the Title
by Registration :.ct the operation of that Act shall
not be affected by the provisions of this Ordinance.
VIRGIN
ISLANDS.
Mortgage
under this
Ordinance to
indicate that
fact.
Title may be
registered,
Cep. 99
Certificate of
compliance
with the
necessary
formalitios.
First Schedule.
Cap. 99
Title by
Registration
Act to pre-
vail over this
Ordinance.
VIRGIN
ISLANDS.
Mortgage to
8: cture fr-
ther or farure
advaness or
to operate as
oontinui. ¢
security.
Searches by
agency.
Agency not
unter obi
gation to
make a loan
in reliance on
the provi-
sions of this
O-dinance.
Persons de-
pvived of
land may
being action
for damayes.
8 ‘Facilities for Title. No. 3 of 1964.
15. A mortgage may be executed under this
Ordinance for the purpose of securing further or
future advances or so as to operate as a continuing
security.
16. Nothing in this Ordinance shall relieve
unv agency of the responsibility of making any
necessary or prudent searches and enquiries in the
Record Office of the Colony and in the office of the
Registrar of Titles.
17. An agency shall not be under any obli-
gation to make a loan in reliance on the provisions
of this Ordinance to any person.
CLAIMS BY PERSONS DEPRIVED
OF LAND AND PROCEDURE
THEREAFTER.
18. (1) Any person deprived of land or of
an estate or interest in land in consequence of the
provisions of this Ordinance may bring and prose-
cute an action for the recovery of damages against
the person who, as_mortgugor, executed the mort-
gage which resulted in his being so deprived.
(2) If the mortgagor is dead or has been
adjudged bankrupt or cannot be found within the
Colony, or if the bailiff of the court in which judge-
ment is entered certifies that the mortgagor is
unable to pay the full amount awarded against him,
the damages or the portion thereof which the bailiff
fuils to recover from the mortgagor, together with
the costs of the action, may be recovered from the
Compensation Fund by action against the Crown
Attorney as nominal defendant.
(3) Any damages awarded against a mortgagor
not guilty of frand in making his application for a
loan or in executing a mortgage and any damages
recoverable out of the Compensation Fund shall be
limited to the value of the land at the date of
deprivation.
(4) A mortgagor who is a defendant in an
action brought under subsection (1) ofthis section
may claim damages or an indemnity against a third
party as in any other action.
No. 3 of 1964. Facilities tor Title. 9
19. (1) Any person entitled to bring an
acting under section 18 of this Ordinance to recover
damages shall before commencing proceedings apply
in writing to the Crown Attorney for compensation
(stating the amount claimed by him) and the appli-
cation shall be supported by affidavits in E preok of
the claim. -
(2) The Crown Attorney may admit the claim
or any part thereof, so long as the amount admitted
does not exceed the value of the land at the date of
deprivation and thereupon the amount claimed or
admitted and accepted by the claimant shall be paid
to him by the Treasurer, on the order of the Crown
Attorney, out of the Compensation Fund.
(3) Where any payment is made out of the
Compensation Fund, the Crown Attorney may
proceed under section 18 of this Ordinance as if he
were the person deprived of the land or of an estate
or interest therein (as the case may be) against any
person who may be sued under the said section, and
any amount recovered’ from any such person shall
be paid to the Treasurer to be lodged to the credit
of the Compensntion Fund.
(4) Any person to whom an amount has been
paid out of the Compensation Fund shall not there-
by be deprived of the right to bring an action
against the mortgagor for any additional damages
to which he may “be entitled where the mortgagor
has been guilty of fraud in making his application
for a loan in executing a mortgage.
20. Where any person wishes to bring an
action for the recovery of damages against the
Crown Attorney, as nominal defendant, such person
shall serve notice in writing of the action and of the
cause thereof upon the Crown Attorney at least one
month before the commencement of the action, and
if judgement is given in favour of the Crown
Attorney, or the plaintiff discontinues the action or
is non-suited, the plaintiff shall be liable to pay the
full costs of defending the action and _ the costs,
after being taxed, shall be recovered in the name of
the Crown Attorney in the same manner as costs
awarded in any other action.
VIRGIN
ISLANDS.
Application
to Orown
Attorney for
Compensa-
tion to be
made before
columenoe-
ment of
action proce-
dure there-
after,
Notice of
action ta be
served on
the Crown
Attorney.
ViIncin
ISLANDS.
Court to
certify
amount of
damages and
costs,
Limitation
of actions,
Limitation
on right to
compensation.
Non-suit on
ground of
frand or
negligence.
10 Facilities for Title. No. 3 of 1964.
21. (1) Ifin any action under this Ordinance
a plaintiff is awarded final judgement against the
Crown Attorney, then the Judge or Magistrate
before whom the action is tried, or the Court of
Appeal in the case of an appeal, shall certify the
fact of such Judgement and the amount of damages
and costs awarded.
(2) The amount of any damages and costs
certified as provided by subsection (1) of this section
shall be paid by the Treasurer out of the Compen-
sation Fund to the person to whom the damages
and costs have been awarded.
22. (1) Subject to the provisions of subsec-
tion (2) of this section no action for the recovery
of damages sustained through deprivation of land,
or of any estate or interest in land, shall lie or be
maintained against the Crown Attorney or against
the Compensation Fund or against the mortgagor
in consequence of whose mortgage the deprivation
was suffered, unless such action is commenced with-
in the period of six years from the date of such
deprivation.
(2) Any person who has been under the dis-
ability of infancy or unsoundness of mind may
bring an action for deprivation of land or of any
estate or interest therein within six years after the
date on which the disability ceased, bat nut later
than thirty years after the date of such deprivation.
23. Nocompensation shall be paid to any
person claiming in respect of an estate or interest
in land which is barred as a result of the operation
of any law relating to limitation of actions.
24. The plaintiff shall in any action for the
recovery of land or of any estate or interest therein
or for damages in any action (vheth:r brought
under section 18 of this Ordinance: or otherwise)
for deprivation of such land or estate or interest
therein be non-suited in any case in which the
deprivation or wrong complained cf has occured as
a result of the operation of this Ordinance if the
Judge or the Magistrate before whom tke action is
tried is satisfied that the plaintiff or tae persons
through or under whom he claims title nad know-
No. 8 of 1964. Facilities tor Title. 11
ledge that an application has been made for a loan,
and had fraudulently, wilfully or negligently
omitted to notify the agency concerned of his right
or claim or that the plaintiff had knowledge that a
loan has been made and was guilty of undue delay
in making his claim known to the agency concerned.
25. (1) Whenever any amount has been
paid out of the Compensation Fund on account of
any person who is dead the amount may be reco-
vered from the estate of that person by action or
suit in the name of the Crown Attorney against the
personal representatives of that person.
(2) Whenever any amount has been paid out
of the Compensation Fund on account of any per-
son who has been adjudged bankrupt the amount
shall be considered to, be a debt due from the estate
of the bankrupt and a certificate stating that the
amount has been paid out of the Compensation
Fund signed by the Treasurer and delivered to the
trustee shall be sufficient proof of the debt.
(3) Whenever any amount has been paid out
of the Compensation Fund on account of any person
who has absconded or who cannot be found within
the Colony and who has left any real or personal
estate within the Colony it shall be lawful fora
Judge upon application by or on behalf of the
Crown Attorney or upon the production of u certifi-.
cate signed by the Treasurer that the amount has
been paid in satisfaction of a judgement against the
Crown Attorney to allow the Crown Attorney to
sign judgement against that person forthwith for
the amount so paid out of the Compensation Fund
together with the costs of the application.
(4) Any judgement signed under subsection
(3) of this.section shall he final, and shall be signed
in like manner as a final judgement by confession
of default in an action and execution shall issue
immediately in respect thereof. ‘
(5) Where a person against whom judgement
has been signed under subsection (3) of this section
has left no real or personal estate within the Colony
sufficient to satisify the amount for which execution
VIRGIN
ISLANDS.
Actions
against est-
ates of decea-
sed persons,
bankrupts
and persons
who cannot
be found.
Virain
ISLANDS.
Agency to
exercise
power of sale
where com-
pensation
paid during
aubsistence of
mortgage.
Compensa-
tion Fund.
12 Factlities for Title. No. 3 of 1964.
has been issued, it shall be lawful for the Crown
Attorney to recover the amount, or the unrecovered
balance thereof, by action against that person at
any time, if he is found within the Colony.
26. (1) Where a person deprived of land or
of an estate or interest in land receives compensation
from the Compensation Fund and the mortgage in
respect of the land is still subsisting the ayency
shall exercise the power of sale vested in it by the
mortgage and the residue of sale money (after a
deduction nnd payment of all moneys which may
properly be deducted and puid under the mortgage
: by any law) shall be paid into the Compensation
und.
(2) Where the amount received from the
Compensation Fund by a person deprived of land
or of an estate or interest in land is more than the
amount paid into the Fund under subsection (1) of
this section in respect of the land the Crown Attor-
ney may bring an auction to recover the difference
as if he were a person deprived of the land under
section 18 of this Ordinance against any person
who may be sued under the said section and any
amount so recovered by the Crown Attorney shall
be paid into the Compensation Fund.
(3) Where the amount received from the
Compensation Fund by a person deprived of land
or of an estate or interest in land is less than the
amount paid into the Compensation Fund under
subsection (1) of this section, the borrower shall
be entitled to the difference, which sha!l be paid to
him from the Compensation Fund, unless he has
been guilty of fraud in making his application for
a loan or in executing a mortgage.
ESTABLISHMENT OF COMPENSATION
FUND AND INCIDENTAL
PROVISIONS.
2'7. (1) Any agency making a loan shall
deduct therefrom the amount prescribed by order
made under section 37 (e) of this Ordinance as the
contribution to be made to the Compensation Fund,
and such contribution shall be paid to the Treasurer
No. 8 of 1964. Facilities for Title. 13
who shall place it to the credit of an account to be>
called ‘“ the Facilities for Title (Compensation Fund)
Account†and shall from time to time invest the
same together with all dividends and profits accru-
ing thereon in local Government securities or other-
wise as the Administrator in Council may direct to
constitute a Compensation Fund for the purposes
of this Ordinance.
(2) The Administrator in Council may, from
time to time, make advances free of interest to the
Compensation Fund out of the funds of the Colony,
and grants out of sums provided in the estimates
of the Colony for the purpose and approved by the
Legislative Council.
' (3) The Treasurer shall pay out of the Com-
pensation Fund at such times and in such manner
as the Administrator in Council may direct such
suins aS may be so directed in or towards repay-
ment of advances made to the Compensation Fund
under this section.
28. Any compensation received under this
Ordinance by any person not legally entitled there-
to may be recovered by the Crown Attorney from
such person as a simple contract debt and any
moneys so recovered shall he paid into the Compen-
sation Fund.
29. Where any amount is paid out of the
Compensation Fund in consequence of the fraud or
negligence of any officer of the agency in accepting
an application for a loan or a mortgage the Crown
Attorney may recover the amount from the agency
by action and any amount so recovered shall be
lodged to the credit of the Compensation Fund.
CIVIL PROCEEDINGS—-JURISDICTION.
30. In any action, suit or proceeding by this
Ordinance authorised to be instituted by or against
the Crown Attorney it shall be sufficient to design-
ate him as “ The Crown Attorney� and no such
action, suit or proceeding shall abate or be affected
by any change in the person holding the office of
Crown Attorney, nor shall the Crown Attorney be
personally liable under any judgement or order
made therein or otherwise in respect thereof.
VIRGIN
ISLANDS.
Recovery of
Compensa-
tion paid by
mistake.
Crown Attor-
ney may
recover from
agency in
case of fraud
or negligence
of officer of
agency.
Designation
of Crown
Attorney for
purposes of
litigation. °
VIRGIN
ISLANDA.
Costs award-
ed against
Crown Attor-
ney to be
paid out of
Compensa-
tion Fund.
Jurisdiction
in Civil oases.
Exemption
from duties
and fees.
First Schedule.
14 Facilities for Title. No. 3 of 1963.
- 81. Any costs for which the Crown Attorney
may become liable as plaintiff or normal defendant
in any action, suit or proceeding in pursuance of
this Ordinance shall be paid out of the Compensa-
tion Fund.
32. Subject to the provisions of subsection
(3) of section 25 of this Ordinance, any action, suit
or other legal proceedings which may be brought
under this Ordinance, may be brought in a Magis-
trate’s Court where the amount of the claim does
not exceed two hundred and ten dollars in the
currency of the United States of America, in con-
formity with the procedure (including entry of
judgement) appropriate to that court, where the
amount of the claim does not exceed seven hundred
dollars in the currency of the United States of
America, in the Court of Summary Jurisdiction
and where the amount claimed exceeds seven hun-
dred dollars in the currency of the United States of
America, in the Supreme Court.
EXEMPTION FROM DUTIES AND
FEES—RECORDING.
33. (1) Notwithstanding anything to the
contrary contained in any Ordinance, where a loan
is made by an agency in accordance with the provi-
sions of this Ordinance no stamp duty or recording
or registration fees shall be charged, demanded or
paid in respect of any deed, instrument or writing
prepared or executed under or for the purposes of
this Ordinance.
(2) Upon every deed, instrument or writing
exempted under the provisions of subsection (1) of
this section from the payment of any duties or fees
in respect thereof a certificate in the appropriate
form set out in the First Schedule to this Ordinance
shall be subscribed and endorsed by a duly author-
ised officer of the agency.
(3) The exemption from duties and fees for
which provision is made by subsection (1) of this
section shall in no case be deemed to prejudice or
effect the operation of any deed, instrument or
“writing to which such exemption applies or any
preferential charge created thereby.
No. 3 of 1964, Facilities for Title. 15
34. (1) Notwithstanding anything to the
contrary contained in any act or Ordinance it shall
not be necessary to record or to enter satisfaction
in the margin of the record of any mortgage execu-
ted between a borrower and an agency in respect of
a loan made in accordance with the provisions of
this Ordinance unless and until it is deemed advisa-
ble to enforce it but instead of such recording it
shall be notice to all the world of the existence of
the mortgage if a memorandam in the appropriate
form set vut in the First Schedule to this Ordinance
and signed by the parties to the mortgage is filed
in the Record Office of the Colony within three
months of the execution of the mortgage. It shall
be the duty of every agency making a loan under
the provisions of this Ordinance to file in the
Record Offise of the Colony the memorandum in
the appropriate form set out in the First Schedule
to this Ordinance and signed by the parties to the
mortgage within three months of the execution of
the mortgage.
(2) Every mortgage in respect of which a
memorandum is filed in accordance with the provi-
sions of subsection (1) of this section shall have the
same force and effect ne if it had been Fully recorded.
(3) Every person interested in any land effec-
ted by any such mortgage shall be entitled to have
access to the original for all proper purposes and
at all reasonable times.
OFFENCES, PENALTIES, JURISDICTION.
35. Any person who—
(a) obtains a loan under the provisions of this
Ordinance by means of any false represen-
tation; or
(6) receives any money under the provisions of
this Ordinance knowing he is not entitled
thereto; or
(c) purports to act under the authority of this
Ordinance in the case of 2 loan which is not
for a purpose declared under section 37 of
this Ordinance to be an approved purpose;
or .
VIRGIN
ISLANDS,
Memoran-
dum of mort-
gage to be
filed.
First Schedule.
First Schedule,
Offences,
VIRGIN
ISLANDS.
Trial of
Offences.
Powers of
Administra-
for in
Council,
16 Faetlities for Title. No. 3 of 1964.
(d) being the representative of any agency
refuses, fails or neglects to give an acknow-
ledgement in accordance with subsection
(3) of section 6 of this Ordinance; or
(e) contravenes the provisions of subsection
(1) of section 7 or of subsection (1) of
section 8 of this Ordinance; or
(/) prepares, executes, or is in any way con-
cerned in the preparation or execution of a
mortgage, or accepts a mortgage on behalf
of an agency, knowing that the mortgagor
has made a false statement in his applica-
tion or has failed to make therein a state-
ment material to the validity of his title,
or knowing that the mortgagor is not the
true owner in fee simple of the land; or
(g) wilfully and falsely endorses or subscribes
on any deed, instrument, writing or receipt
the certificate provided for by subsection
(2) of section 33 of this Ordinance,
shall be guilty of an offence against this Ordinance.
36.
against this Ordinance shall be liable on summary
conviction therefor before the Magistrate to a fine
not exceeding three hundred dollars in the currency
of the United States of America or to imprisonment
with or without hard labour for a term not exceeding
twelve months.
MISCELLANEOUS.
3'7. The Administrator in Council may by
order—
a) declare an urpose to be an approved
y purp 1 Pp
purpose to which section 3 of this Ordi-
nance applies;
6) nominate approved lending agencies for the
pp nding ag
purposes of this Ordinance;
(c) limit the application of this Ordinance to
to holdings of a specified maximun or
minimum value;
No. 3 of 1964. Facilities for Title. | 17
(d) specify the maximum amount which an
agency may lend to any person;
(e) specify the amount of the contribution to
be made to the Compensation Fund by a
borrower so, however, that such rate shall
in no case exceed five per centum of the
loan;
(7) amend the forms in the First Schedule to
this Ordinance in any manner whatever;
(g) substitute new forms for the forms in such
Schedule;
(A) add new forms to such Schedule; and
(¢) amend the list of persons in the Second
Schedule to this Ordinance by adding
thereto, deleting therefrom or making sub-
stitutions therein.
838. This Ordinance shall come into operation
on a day to be appointed by the Administrator by
-proclamation published in the Gazette.
M. 8. STAVELEY,
Prestdent.
Passed the Legislative Council this 17th day
of March, 1964.
J. M. Crarxe,
Clerk ot the Council.
VIRGIN
ISLANDS.
First Schedule,
Second
Schedule,
Commence-
ment,
VIRGIN 18 - Faeilities for Title. No. 3 of 1964.
ISLANDS.
FIRST SCHEDULE.
THE FACILITIES FOR TITLE ORDINANCE, 1964.
Form A. Section 4 (a)
Application for Loan.
No.
Application for a loan from an approved lending agency by the
owner in fee simple in possession Of .........:cccseseeeseeee ene eeeeceeessenneeees
situate at........... teens sanesasecuess in the Island Of.....ccccccescseeeees eee eee eee
in the Colony of the Virgin Islands.
1. Name of applicant .......0.... ccc ccecee ce cnet ee eeeeeeees seen se enenen
. (PRINT IN BLOOK CAPITALS IN FULL)
2. Addressin full ......... [ees teeseess¥eussseeseseassueeesseasesucsass
3. Amount of loan applied for .........cceccecee scene eee veeeseeeeens
4. Full description of land propose: to be mortgaged,
stating the area and boundaries thereof
5. State the full names and postal addresses (with districts)
of all owners and occupiers of land adjacent to the land
described in (4) above:
North Postal Address.
Owner(S) ...cccccersccccceverencesecsscaee — ceaeeeeeeeeeeecsaesneeeeet scenes ereenees
Ocoupier(s) ....ce.eecceseeee Secunssesse |) sedusecevssueesseyesesesseeuueeseaswesesss
East
OQwrer(S) cccccccccccsccncecssscsercecesces — eteeeeseseeeeeeereceene eee seenes aeeeeeeee
Oocupier(s) see sseasosseaness Seeauseesesse ) sesusuuces Seaeee Deaneies seuaseeseseeenes
South
Owner(S) ........00e Sc ssasaisesseteasse Ge UGeseusnetesssesvensevcosesessuseenensscces
Occupier(s) ..... OPT TT TT Tree Ter ity TT amrre Voevuei se seetenseesssaseasessssesusuese
West
Owner(s). ........ SevaUsssesnrsegeceucseces sesesebedenseseursccausssecscunserorusnses
Occupier(S) ........cceececceeccenceeeeccs — ceeeeeeeteeeceseneeeveesene coteteaeeenees
6. Are you the owner in fee simple in possession of the land
described by you in No. 4 above (hereinafter called “ the
said land †)?
No. 3 of 1964. Facilities for Title. 19 VIRGIN
‘ ISLANDS.
7. How long have you been in undisturbed possession of the
said land?
8, How long was your predecessor in title in possession of
the said Jand as reputed owner in fee simple?
©
Nau:e of person now in occupation of the said land.
10. Do you know of any claim made or professed, by any
person whomsoever, concerning the said land, which is
adverse to your claim of—
(@) ownership?
(6) possession?
If so give particulars.
11. Nature and particulars of your title.
12. Full particulars of the evidence in support of your title.
13. Mortgages cr other incumbrances (if any) on the said land,
14. Buildings. Give short particulars.
15. Particulars of any insurance on buildings on the said land,
16. Details of purposes for which the loan is required.
“17. Amount already owed to any approved lending agency.
Dated at in the Island of in the
Colony of the Virgin Islands this day of ,19
Signacure of applicant.
N.B. The approval lending agency may add to this form any questions
eliciting further information reqnired by it.
This application must be verified by an affidavit.
THE FACILITIES FOR TITLE ORDINANCE, 1964.
Form B. Section 4 (d)
Certificate (to be obtained from at least two persons of any one or
more of the classes mentioned in the Second Schedule)
I here insert name of J. P. or other
person) of here insert postal address and
occupation, profession or calling) do hereby certify that within my
personal knowlec ge (here insert name of applicant for loan) is the
reputed owner of an estate in fee simple in ALL THAT parcel of land
BILAL At... ccceveccceeeseerereee see in the Island Of... cece cece e cece ee ees
in the Colony of the Virgin Islands (continue to describe land by area
and boundaries Or North, Cast....cccccceecceeeeceesae ee eee cesses eee eestaeceeeenege
Seance meen eee e eect n creer eeccnennee JRO e eee nent nen renee EEE ETHER ERE EEE TE EEO e EEE EEE aE eee EERE EET ETE E ESET ES
south and west)
VIRGIN 20 Facilities for Title. No. 3 of 1964.
ISLANDS,
and that he has been in continous and undisturbed possession of the
land by his predecessors in title.
as reputed owners in fee simple, amounts to at least seven years, that is
to say.. seueetss errr err years AND I do hereby fnrther
certify that the applicant is is now in possession of the said land.
Dated at in the Island of in the
Colony of the Virgin Islands this day of .19
Justice of the Peace
(or other duly qualified person)
THE FACILITIES FOR TITLE ORDINANCE, 1964.
Form C. Section 5
Notice of Application for Loan.
TAKE NOTICE that.c..ccccccccsecceceeeseeceeeesceeusene see eueas veeeeee
(here insert name of applicant for loan)
OF. cceceeeen tees ensue nee eee ee ees eneee ce cee eee eae eet nee eenaes clains to be the owner
(here insert address of applicant)
in fee simple in possession of the land described below and has
applied on the.....cccescecsccserscrsenseceseseereed fe enaeenesenesesees er to tha
(her ingert date on which application received by agency)
Sesecsuedévesves sueusuesvevesseseuts sasasesuesseseseesstecs cacy secu seseteeseucssece sess for a loan on security
(here insert name and address of agency)
of a mortgage of the said land and that it is proposed to accept such
mortgage in reliance on the provisions of the abovementioned Ordinance.
AND FURTHER TAKE NOTICE that a representative of the
agency will attend on the said land at (00.0... ec ccseseeseeneeeeceeeaee )
(here insert time of day)
on the... seseteceee seesseuretneennnee LO for the purpose of viewing
"(here insert date)
the land, checking the boundaries thereof and noting any objection or
information pertaining to the titls or boundaries that may be stated by
any person.
N.B. Objections may also be notified in writing to theagency or by
personal attendance at the office of the agency.
Description of land.
Dated this _ day of ,19
Signature and designation of officer of agency.
No. 3 of 1964. Facilities for Tulle. 21 Viren
ISLANDS.
THE FACILITIES FOR TITLE ORDINANCE, 1964. .
Form D. Section 9 (2)
Withdrawal of Objection.
(address and ocoupation)
NOW MAKE KNOWN that having notified to
Neeeeteenecracceseseasecconscs pamees seeeeneuneeceaaaesseooencoeesn
my objeciion to the acceptance
epresentative of agency)
of a mortgage in reliance on the provisions of the abovementioned
Ordinance FLOM. ssssmseanesessensessssessaessstesssessnatistnssatansuastussuueiasnes in respect of
(applicant)
the land described below, I do hereby WHOLLY WITHDRAW my said
objection.
Description of land.
Signed by the abovenamed
Objector
in the Colony of the Virgin Islands
the day of a | ccssccseccsccnecececcesceecsseosceatccsssssetecscoense
19 in the presence of Justice of the Peace.
THE FACILITIES FOR TITLE ORDINANCE, 1964.
Form E. ° Section 13
Certificate of Compliance with the necessary formalities.
THIS IS TO CERTIFY that the necessary formalities have
been complied with in, respect of a mortgage dated the 9
Mande and QiVEN DY... eee ceecnee cee Ceecaeteneesseeeeecaeneees in favour of
ee ny
emcee eee eee eee ene teem sree rere eeeen eres ee seee
ec ohm ene ee eee ee erent setae eae ess esse sre eee see RTE SOG ODE EEHEHEEEeeEEerneeene
(description of land as in mortgage)
Dated at in the island of
in the Colony of the Virgin Islands this day of ,19
Signature and designation of
duly authorised officer of agency.
VIRGIN 22 Facilities for Title. No. 3 of 1964.
ISLANDS.
THe FACILITIES FOR TITLE ORDINANCE, 1964.
Form F. Section 34 (2)
Certificate of Exemption from Duties and Fees.
I hereby certify that this loan was made in accordance with
the provisions of the Facilities for ‘litle Ordinance, 1964.
Signature and designation of duly
authorised officer of agency.
‘Tae FACILITIES FOR TITLE ORDINANCE, 1964.
Form G. Section 35 (7)
Memorandum of Mortgage.
Date of mortgage
Poem e reer reer nce me ress seneeenssseees
Name of mortgage
Pee ew eee eer ee eee seseerereseccesene
Name of agency
Consideration
Description of premises
Signature of parties executing
Pee remeron eee eererenneeersseneeeee
Cee e ener eee see eeeeereseeseresnee-e
Signature of witness
meee eee eee eee ee nee eect sereeees
SECOND SCHEDULE.
Classes of persons authorised to give certificates under section 4 (i)
Justices of the Peace .
Officers of the Antigua, Montserrat and Virgin Islands Police
Force and Non-Commissioned Officers thereof not below the
rank of Sergeant.
Solicitors of the Supreme Court.
Ministers of Religion who are marriage officers.
Head Teachers of Primary Schools within the meaning of the
Education Ordinance, 1956.
Members of the Legislative Council.
Government Agents.
Local Constables.
Such Oivil Servants as may be designated by the Administrator.
Printed at the Government Printing Office, Antigua, Leeward Islands,
by Ropwrt Linpsay. Gaverpment Printer.—By Authority.
1964.
420—11.64, [Price 47 oenis.]}
No. 5 of 1964. Income Tax (Amendment) VIRGIN
Ordinance, 1964. ISLANDS.
| LS. ]
I Assent,
M. 5. STAVELEY, _
Administrator,
24th April, 1964.
VIRGIN ISLANDS.
No. 5 of 1964.
An Ordinance to amend further the Income Tax
Ordinance, 1946.
[1st January, 1964] Commence-
ment.
ENACTED by the Legislature of the Colony
of the Virgin Islands.
1. This Ordinance may be cited as the Short title.
Income Tax (Amendment) Ordinance, 1964, and 2/1946, 3/1947,
shall be read as one with the Income Tax Ordi- wide 19/1960.
nance, 1946, as amended hereinafter calleel the iiji9ed, 6/1969,
Principal Ordinance. a tate.
2. Section 2 of the Principal Ordinance is Amendment
hereby amended by— ote ot
Ordinance.
(w) inserting the following definition between rdinance
the definition of ‘ bey of personsâ€â€ and
“chargeable income †:—
“cent†and “oe.†mean in the
currency of the United States of Ameri-
ca: and
“e
(6) inserting the following definition between
the definition of “company†and “ pre-
scribed ’†:—
“dollar� and ‘*$†mean dollar
in the surrency of the United States of
America. â€â€™
8. Subsection (1) of section 14 of the Prin- Amendment
of subsection
cipal Ordinance :s hereby amended by sabstituting (1) of sestion
the sign and fizures “S800†for the sign and !*of the
6c †: : Principal
figures “ $685.72 †occurring therein. Ordinance.
Virgin
IsLaNnps.
Amendment
nf section 15
of the Princi-
pul Ordinance.
Amendment
of section 16
of the Princi-
pal Ordinance.
Amendment
of subsection
C1) of section
17 of the
Priacipal
Ordinance,
Amendment
of section 18
of the Princi-
pal Ordinance.
Repeal and
replacement
of section 23.
2 Income Tax (Amendment) No. 5 of 1964.
Ordinance, 1964,
4. Section 15 of the Principal Ordinance is
hereby amended by substituting the sign and
figures “$800†for the sign and figures
‘¢ $685.72†occurring therein.
5. Section 16 of the Prinei} val Ordinance is
hereby amended—
(a) by re-numbering the section as subsec-
tion (1);
(0) by substituting the sign and figures
“$500†for the sign and figures
“$411.43†; and
(c) by adding the following*ns subsection (2)
thereof:—
“(2) If the total income of the
individual includes earned income of his
wife in excess of $300 the deduction to
be allowed under subsection (1) of this
section shall be increased to $800.â€
6. Subsection (1) of section 7 of the Prin-
cipal Ordinance is hereby amended by--
(a) substituting the sign and figures “‘ $200 â€
for the sign and figures “$274.29â€
wherever the latter occur; and
(6) substituting the sign and figures ‘$400 â€
for the sign and figures “ $514.29 â€.
7. Section 18 of the Principal Ordinance is
hereby amended by substituting the sign and
figures “$150†for the sign and figures
“$171.43†occurring therein.
8. Section 23 of the Principal Ordinance is
hereby repealed and replaced by the following:—
“23. The tax upon the chargeable
income of every person other than a company
shall be charged at the following rates:—
On every dollar of the first $800 of
chargeable income, 5c. in the $.
On every dollar of the next $800
viz. $800.01 to $1,600, 74c. in the $.
No. 5 of 1964. = [Income Taz (Amendmeni) 3
Ordinance, 1964.
Onevery dollar of the next $800
viz. from $1,600.01 to $2,400. 124c. in
the $.
On every dollar of the next $800,
viz. from $2,400.01 to $3,200, 18c. in
the $.
On every dollar of the next $800,
viz. from $3,200.01 to $4,000, 7c. in
the $.
On every dollar beyond $4,000.01,
32c. in the $.â€
9. Subsection (1) of section 37 of the Prin-
cipal Ordinance is hereby amended by substituting
the words ‘14 per centum of every dollar†for
the words “ three shillings on every poundâ€.
10. Subsection (2) of section 40 of the
Principal Ordinance is hereby amended by substi-
tuting the sign and figures $300†for the sign
and figures “£112â€. .
11. Section 61 of the Principal Ordinance is
hereby amended— :
(a) by inserting therein immediately after
subsection (2) the following new subsec-
tions us subsections (3) and (4) there-
of :—
‘““(3) Notwithstanding any of the
provisions of this Ordinance if in any
particular case the Commissioners have
reason to believe that tax upon any
income chargeable to such tax may not
be recovered, they may at any time—
(a) by notice in writing to the person by
whom the tax would be paynble determine
a period for which tax shall be charged
and require such person to render within
the time specified therein returns and
particulars of such income for that period;
(0) make an assessment upon such person in
the amount of the income returned, or
if default is made in making a return, or
the Commissioners are dissatisfied with
such return, in such amount as the
Commissioners may think reasonable.
VIRGIN --
IsLANDS.
Amendment
of subsection
(1) of section
37 of the
Principal
Ordinance.
Amendment
of subsection
(2) of section
40 of the
Principal
Ordinanoe.
Insertion of
new subsec-
tions in sec-
tion 61 of the
Principal
Ordinance.
Recovery of --
tax from and
assessment, of
persons
leaving the
Colony.
Charging tax
before year of
assessment.
Vircin
IsLANDS
Amendment
of section 64
of the Prin-
oipal Ordi-
nance.
Amendment
of section 68
of the Prin-
cipal Ordi-
nance,
Repeal,
2/1950,
Commence-
ment.
4 Income Tax (Amendment) No. 5 of 1964.
Ordinance, 1964.
(4) Notice of assessment made in accordance
with the provisions of subsections (2) and (3) of
this section shall be given to the person assessed
and any tax so assessed (in accordance with the
provisions of subsections (2) and (5) of this section)
shall be payable on demand made in writing under
the hands of the Commissioneis, aad shall in
default of payment, unless security for the payment
thereof be given to the satisfaction of the Commis-
sioners, be recoverable forthwith â€â€™:
(5) by renumbering subsections (8) and (4)
thereof as subsections (5) and (6) respect-
ively, and by insertiny the word and
figure “and 3†immidiately after the
word and figure “ subsection ‘)’ wherever
they eccur in subsections (5) and (6) as
renumbered.
12. Section 64 of the Principal Ordinance is
hereby amended by substituting the words ‘‘one
thousand five hundred dollars†for the words
“five hundred pounds †occurring therein.
18. Section 68 of the Principal Ordinance is
hereby amended by substituting the words “three
hundred dollars†for the words one hundred
pounds†occurring therein.
14. Section 16 of the Revenues and Fees
(Adjustment) Ordinance, 1950, and the part of the
Schedule to that Ordinance under the caption “ The
Income Tax Ordinance, 1946 †are herein repealed.
15. This Ordinance shall be deemed to have
come into effect on the Ist day of January, 1964.
M. S. STAVELEY,
President.
Passed the Legislative Council this 6th day
of April, 1964.
J. M. Crarke,
Clerk of the Council.
~ Printed at the Government Printing Office Antigua, Leeward Islands,
by Ropert Linpsay, Government Printer.— By -.uthority.
420—11.64.
1964,
[Price 11 cents.]
