|
Citation |
- Permanent Link:
- http://ufdc.ufl.edu/UF00076863/00184
Material Information
- Title:
- Leeward Islands gazette
- Added title page title:
- Supplement to the Leeward Islands gazette
- Creator:
- Leeward Islands (West Indies)
- Place of Publication:
- [Antigua
- Publisher:
- Gov. Printing Office]
- Publication Date:
- Jan 28, 1954
- Language:
- English
- Physical Description:
- 1 online resource
Subjects
- Subjects / Keywords:
- Politics and government -- Leeward Islands (West Indies) ( lcsh )
Law Leeward Islands (Federation) Montserrat
- Genre:
- serial ( sobekcm )
periodical ( marcgt ) Official gazettes ( fast ) Gazettes ( fast ) newspaper ( marcgt )
Notes
- Dates or Sequential Designation:
- 1- , 1872-
- General Note:
- Two pages per frame.
- General Note:
- Supplements, issued with some numbers, contain departmental reports, Meteorological registers, ordinances, statutory rules and orders, etc., of Antigua, St. Kitts and Nevis, Montserrat, and the British Virgin Islands.
- General Note:
- Weekly
- General Note:
- Published by Authority, <27th March, 1941>-28th June, 1956.
- General Note:
- Open access via Digital Library of the Caribbean.
- General Note:
- Some issues called "extraordinary."
- General Note:
- Occasionally issued with "Supplement to the Leeward Islands gazette."
- General Note:
- Vol. 18, no. 10 (13th March 1890); title from caption (viewed July 10, 2023).
- General Note:
- Vol. 84, no. 30 (28th June, 1956) (viewed July 10, 2023).
Record Information
- Source Institution:
- University of Florida
- Holding Location:
- University of Florida
- Rights Management:
- This item is presumed to be in the public domain. The University of Florida George A. Smathers Libraries respect the intellectual property rights of others and do not claim any copyright interest in this item. Users of this work have responsibility for determining copyright status prior to reusing, publishing or reproducing this item for purposes other than what is allowed by fair use or other copyright exemptions. Any reuse of this item in excess of fair use or other copyright exemptions may require permission of the copyright holder. The Smathers Libraries would like to learn more about this item and invite individuals or organizations to contact Digital Services (UFDC@uflib.ufl.edu) with any additional information they can provide.
- Resource Identifier:
- 001724221 ( ALEPH )
AJD6739 ( NOTIS )
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Il.
GAZETTE.
Published by Authority.
THURSDAY, 28rH JANUARY, 1954.
No. 7.
Notices,
The Governor has been pleased to
accept the resignation of Dr. W. T.
JOSEPH as an official member of the
Legislitive Council of the Presidency
of the Virgin Islands, with effect from
the 21st January, 1954.
The Svoretariut,
Antigua.
22nd Janvary, L954.
Ref. No. C. 18/00012.
The Governor has been pleased to
re-appoint the following persons with
effect from the 16th January, 1054,
to be unofficial members of the
Executive Council of the Virgin
Islands until the 24th November,
1954:—
The Hon. J. O. GEORGES, M.B.E.
The Hon. H. R. PENN, M.B.E.
The Hon. I. G. Fonseca,
The Secretariat,
Leeward Istands,
Ab Antigua.
22nd January, 1954.
Ref. No. ©. 12/00008.
It is hereby notified for general
information that Her Majesty the
Queen has been pleased to give
instructions fur the appointment of
Mr. Mc. WELLING TODMAN to be an
official member of the Legislative
Council of the Presidency of the
Virgin Islands.
His Excellency has appointed Mr.
ToDMAN accordingly.
The Secretariat,
Antsgua.
22nd January, 1954.
Ref. No. C. 18/00012.
The Commissioner of Montserrat
has appointed Pastor ALFRED FRAN-
cos to be a Marriage Officer for that
Presidency with effect from 1st Jan-
uary, 1954.
M. 8).
S29,7297
LY? IL.
The Commissioner, Montserrat, has
by virtue of the power conferred on
him by section] of the Land Sur-
veyors Ordinance, 1887, (Montserrat
No. 4 of 1887), appointed: Mr. JAMES
PERCY MEADE two he « Surveyor of
land during pleasure.
M, 46/5,
NATURALIZATION.
A Certificate of Naturalisation No.
1 of 1954 dated the 24th December,
3953, has been granted to Mr,
LOCKLING ANSWORTH TONGE known
as LAUCHLAND ToNnGE of Michael's
Village, St. John’s, Antigua, under
the British Nationality Act, 1948.
The Secretariat,
Leeward Islands,
At Antigua.
27th January, 1954.
Ref, No. 55/00018.
No. 7.
The Governor has been pleased, on
the 20th January, 1954, to assent to
the undermentioned Acts of the Lee-
ward Islands:—
No. 1 of 1954, ‘The Infants Pro-
tection (Repeal) Act, 1954â€;
No. 2 of 1954, ‘The Leeward
Islands Scholarship (Amendment)
Act, 1954â€:
No. 3 of 1954, ‘*The Larceny
(Amendment) Act, 19547’;
No. 4 of 1954, ‘The Interpretation
of Laws (Amendment) Act, 1954â€;
No. 5 of 1954, * The [Immigration
and Passport (Amendment) Act,
1954â€;
No. 6 of 1954, “The Pradial
Larceny (Amendment) Act, 1954â€;
No. 7 of 1954, “ The Agricultural
Small Holdings (Amemdment) Act,
1954â€;
No. 8 of 1954, “The Medical
(Amendment) Act, 1954â€;
No. 9 of 1954, “The Title by
Registration (Amendment) Act,
1954â€;
No. 10 of 1954, ‘The Appropria-
tion Act, 1954.
No. 8.
The following Acts and Ordinance
are circulated with this Gazette and
form part thereof:—
ACTS,
Leeward Islands.
No. 1 of 1954, “’Phe Infants Pro-
tection (Repeal) Aci, 1954."
1 pp. Price 3 cents.
No. 2 of 1954. “The Leeward
Islands Scholarship (Amendment)
Act, 1954.†L pp. Price 3 cenés.
No. 3 of 1954, “The Larceny
(Amendment) Act, 1954.â€
2 pp. Price + cents.
No. 4 of 1954, * The Interpretation
of Laws (Amendment) Act, 1954.â€
6 pp. Price 8 cents.
No. 5 of 1954, “The Immigration
and Passport (Amendment) Act,
1954.†2 pp. Price 4 cents.
No. 6 of 1954, ‘The Preedial Lar-
ceny (Prevention) Act, 1954.â€
17 pp. Frice 19 cenis,
No. 7 of 1954, “The Agricultural
Small Holdings (Amendment) Act,
1954.†2 pp. Price 4 cents.
No. 8 of 1954, “The Medical
(Amendment) Act, 1954.â€
2 pp. Price 4 cents,
No. 9 of 1954. “The Title by
Registration (Amendment) Act,
1954.†4 pp. Price 6 cents,
No. 10 of 1954, “The Appropria-
tion Act, 1954.†3 pp. Price 5 cents.
ORDINANCE.
Antigua.
No. 16 of 1953, ‘The Interpretation
of Laws (Amendment) Ordinanee,
1953.†T pp. 4 tee 9 cents.
New Stamp Issue,
Leeward Islands.
It is hereby notified for general in-
formation that a new main issue of
Leeward Islands postage stamps with
their values expressed in decimal
currency instead of in sterling will be
placed on sale throughout the Colony
on the 22nd February, 1954. The
16 THE
abovementioned issue contains one
new denomination or 8 ct.
The design of the new stamps con-
sists of a profile portrait of Her
Majesty Queen ELIZABETH IT cen-
trally placed and the values and
colours are as follows:—
Value. Colour.
$cent brown
tL cent grey
2cents green
Zeoents yellow and black
4 cents red
5 cents black and purple
6 cents yellow
8cents blue
12 cents purple and rose
24cents black and green
48 cents purple and blne
60 cents green and brown
$1.20 yellowgreen and red
$2.40 green and red
$4.80 purple and black.
The Secretariat,
Leeward Islands,
at Antigua.
8th January, 1954.
Ref. No. 65/00025.
In The Matter of the Estate of
JOSEPH JAMES
(Unrepresented ).
To all Creditors of the above Estate.
You are hereby notified that you
are to come in and prove your debts
and file your claims at the office of
the Administrator of Estates at the
Court ffouse in the town of Basseterre
in the Island of Saint Christopher
against the said estate.
LEEWARD ISLANDS GAZETTE.
Yreditors resident within the Colo-
ny of the Leeward Islands are to file
their claims within four months after
the 2nd of January, 1954.
Creditors resident out of the said
Colony are to file their claims within
eight months from the said 2nd day
of January, 1954.
AND FURTHER TAKE NOTICE
that any creditors failing to file their
claims within the time above specified
will be excluded from any benefits
arising from the said Hstate.
All persons indebted to the said
deceased are requested to pay the
amount of their respective debts to
me.
Dated the 2nd day
1954.
of January,
D. 8S. BROOKES,
Administrator of Estates.
Ref. No. 36/00002-——IT.
TRADE MARKS OFFICE,
ANTIGUA, 12ch January, 1954,
BENSON & HEDGES LIMITED
of 13, Old Bond Street, London, Eng-
land, have applied for Registration of
one Trade Mark consisting of the
following: —
PARLIAMENT
in Class 45 that is to say:—
Cigarettes, Cigars and Tobacco.
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 Leeward Islands Gazette, give
notice in duplicate at the Trade Marks
Office, Antigua, of opposition to regis-
tration of the said Trade Mark.
A, R. MmAbDRB,
Acting Registrar of Trade Marks.
[28 January, 1954°
Statement of Currency Note
Circulation in the British
Caribbean Territories (Hast-
ern Group) on ist January,
1954.
Average Circulation during Novem-
ber, 1953.
$
Br. Caribbean Cur-
rency Notes 44,481,664.00
Gov’t Currency Notes 2.477,328.00
46,958,992.00
British Caribbean Notes:—
$
Trinidad & Tobago . 23,979,776
Barbados . 98,416,500
British Guiana . 12,718,643
Leeward and
Windward Islands 6,653,700
Total Br. Caribbean
Notes . 48,768,619
Trinidad and Tobago
Government Note
Cireulation 1,578,587
Barbados Government
Note Circulation 182,900
Br. Guiana Government
Note Circulation 606,986
Total Government
Note Cireulation 2,368,473
Total circulation on
Ist January, 1954 51,137,092
L. SPENCE,
Laxecutive Commissioner,
British Caribbean
Currency Board.
British Caribbean Currency Board,
Treasury Chambers,
Port of Spain,
Trinidad, B. WT.
Ref. No. 24/00027.
RAINFALL FIGURES.
Central Experiment Stsztion,
antigua.
1950. 1951. 1952. 1953. 1954.
ans 23) e4e2 9p} 82°52) ah Ie) DO
‘28 January, 1954.| THE LEEWARD ISLANDS GAZETTE. 17
IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS
(AN'TIGUA CIRCUIT)
A.D. 1954,
Notice is hereby given that the Honourable Puisne Judge has appointed the sitting of the Supreme Court of
the Windward Islands and Leeward Islands at which the following causeg will be heard.
The hour at which the Court will ait will be at 0.30 o’clock in the forenoon ip each case:—
APPEALS.
Date. Appellani. Respondent.
1/2/54 Doris Stevens Mary Martin
a Martin Branch Cecil Potter
a Leon Cort Edgar 'l’. Tonge
(Inspector of Police)
MATRIMONIAL CAUSES.
Date. Peistioner. Respondent.
3/2/54 Joseph Kvans Fenton Enesta Vernella Fenton
5 Charles Frederick Walker Althea Elese Walker
fy David Charles Gwendolyn Charles
ne Charles Adolphus King Mary Juanita King
an William John Abbott Olga Eugenie Abbott
SUPREME COURT.
Date. Plaintif—f: Defendant.
8/2/54 James Francis Matilda Martin
os Leonard Perry Arthur Tomlinson
a Samuel Jarvis John Harold Moore
ee Samuel Dennis Gabriel Geo. W. Bennett Bryson & Co. Ltd.
10/2/54 Desmond Joseph Alfred Edwards
me Henry Edwards Byron D. Allerton
- Maxwell Humphreys Francis Alexis Francis
Veronica Daniel, Clarence
Johnson, Richard Shervington,
Ellenora Scotland, Alberta
Wallace, Ernest Lashley,
Hillerine Pereira, Neville
Foster Eustace Lawson Matthew
Bridges
INCOME TAX APPEALS.
Date. — Appellant. ' Respondent.
15/2/54 Stanley R. Walter The Commissioners of Income Tax
a Geo. W. Bennett Bryson & Co. Ltd. a
* Leonard Maguire a
Dated the 22nd day of January, 1954.
A. R. MEADE,
Acting Registrar of the Supreme Court.
18 THE LEEWARD ISLANDS GAZETTE, [28 January, 1954. -
IN THE COURT OF SUMMARY JURISDICTION OF THE LEEWARD ISLANDS
ANTIGUA CIRCUIT.
A.D. 1954.
Notice is hereby given that the Honourable Puisne Judge has appointed the undermentioned dates for sitting of
the @ourt at which the following causes will be heard.
The hour at which the Court will sit will be at 9.30 a.m. o'clock in the forenoon in each case:—
Date. Plaintiff. Defendant.
22/2/54 Marietta Walter Reginald Gonsalves
< Relton Haghes Ernest Athill
ue Hivelyn George Norris Hunt
a William Lewis Harold Hairall
2 Cecil F. Peters Arnold Martin
a tachael Walker Anthony Brown
if Willian Lewis Binton & Maud Hairall
5 Charles Joseph Emanuel Joseph
25/2/54 Tris Colbourne Blisha Spencer
ws George Herbert Walter Joseph Gillan
i Novel Burke James Harrigan
es Alberta Johnson Raymond Lloyd
fr Alford Henry Robert Joseph
ss Rachael Spencer Papa Burnes & Harold Weekes.
Dated the 22ud day of January, 1954.
A. R. MEADE,
Acting Registrar of the Supreme Court.
a ES TY
Colony of the Leeward Islands.
ANTIGUA CIRCUIT.
Title by Registration Act.
Ree@isver or Tir.es. Antigua O1Rculr.
SCHEDULE OF APPLICATIONS
For Certificates of Title and Notings thereon and Caveats for the week ending the 9th day of
January, 1954.
Ce a ———___—-— -— — a a — = —
a - facets an Saieere eee
Date of request. | Person presenting. | Nature of request whether for Certificate of Title
| | or noting thereon or Caveat.
|
i)
|
bth day of Janu-: Joseph Augustus Davis of | Certificate of Title for ALL THAT piece or parcel of
ary, 1954. Rodney Street, Ovals in| land situate at Falmouth in the Parish of Saint Paul
the City of Saint John in in the Island of Antigua comprising an Area of 1-44
the Island of Antigua by Acres, all as the same are delineated and set forth
bis Solicitor, John Rowan on the plan of the said land dated the 15th day of
Henry of Chambers, April, 1950 and made by Ernest Alexander
Church Street in the City Govia, Licensed Surveyor.
of Saint John in the Is- |
land of Antigua.
Anyone who objects to the issue of the Certificate of Title as applied for must within twenty-
one (21) days from the first publication of this notice enter a Caveat at the Office of the Registrar of
Titles for the Antigua Circuit.
A. R. Mrapg,
Acting Registrar of Titles.
ANTIGUA.
Printed ab the Government Printing Office, Leeward Islands, by E, M. BhacKman, ED,
Government Printer.—Ky Authority.
1954,
(Price 75 cenis.}
LEEWARD
ISLANDS..
No. ‘1 of 1954:
An Act to repeal the Infants Protection Act.
BE [If ENACTED by the Governor and
General Legislative Council of the Leeward ds
- as Follows:— Me. ot
1. This Act may be cited as the Infants
Protection (Repeal) Act, 1954.
2. The Infants Protection Act is hereby
repealed. , Short title.
=
Repeal of
Cap. 59.
*
K. W. Bracksurng,
President.
Passed the General Legislative Council this
7th day of January, 1954.
A. E. Penny,
Clerk of the Council.
Ss
ANTIQUA.
Printed at the Govurament Printing Office, Leeward Islands,
+ by E. M Buacksan, E.D., Government Printer.—By Authority,
: \ 1954.
47/00269—475 —1.54. [Price 3 oents.]
Nee ie
SPAR VAT2 = 4
Ve ee PIL
2
No. 2 of 1954. Leeward Islands SOinlarehaw LEEWARD
(Amendment) ISLANDS.
[L.S.].
I Assent,
- Kk. W. BLACKBURNE,
Governor.
20th January, 1954.
LEEWARD ISLANDS.
No. 2 of 1954.
An Act to amend the Leeward Islands Scholarship
Act, 1937.
BE IT ENACTED by the Governor and
General Legislative Council of the Leeward Islands
us follows: —
1. This Act. may be cited as the Leeward short title.
Islands Scholarship (Amendment) Act, 1954, and
shall be read as one with the Leeward Islands 6/1987.
Scholarship Act, 1937, hereinafter called the
Principal Act.
2. The proviso to subsection (1) of section 4 Amendment
of section 4 of
‘of the Principal Act is hereby amended by the ff! Prineipal
substitution of the words “General Legislative Act.
Council†for the words “ General Legislature†and
by the deletion of the words “by resolution â€
appearing therein.
K. W. Bracksurne,
President.
“Passed the General Legislative Council this
7th day of January, 1954.
A. E. Penn,
Clerk of the Council.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by EB. Mf. BLackMan, E.D., Government Printer—By Authority.
195
47/00270_— 475—1.94. esi [Price 3 cenés.]
No. 80f 1954. Larceny (lmendment). LEEWARD
“S.A
T Assent,
K. W. Biackpurne,
Governor.
20th January, 1954.
LEEWARD ISLANDS.
No. 3 of 1954.
An Act to amend the Larceny Act, 1944.
BE I'l’ ENACTED by the Governor and
General Legislative Council of the Leeward as
follows:—
1. This Act may be cited as the Larceny
(Amendment) Act, 1954, and shall be read as
one with the Larceny Act, 1944, hereinafter
called the Principal Act. -
2. Section 5 of the Principal Act is hereby
amended by the renumbering of subsection (2)
thereof as sithsection (3) and by the insertion of
the following subsection as subsection (2):—
‘©(2} Where any person is charged with
an offence under subsection (1) of this sec-
tion, such charge may be heard, tried and
determined summarily by a Magistrate and
on conviction for any such offence the Mag-
_ istrate may sentence the person charged to
a fine not exceeding one hundred and
twenty dollars or to imprisonment with hard
labour for any term not exceeding six
months, and upon a subsequent conviction.
on a similar charge, to a fine not exceed-
ing two hundred and forty dollars or to
imprisonment with hard labour for any term
not exceeding twelve months.â€.
3. The following section is hereby substi-
tuted for section 12 of the Principal Act—
IsLanps,
Short title.
24/1944.
Amendment
of section 5 of
the Principal
Act
Substitution
of section 12
of the Princi-
pal Aot.
Lerwarp 2 Larceny (Amendment). No.3 of 1954.
IsLANDs.
“ Pradial “612. (1). Every person who steals, or,
larceny. with intent to steal, cuts, breaks, roots up,
or otherwise destroys or damages, the whole
or any part of any tree, sapling, shrub,
underwood, plant, root, fruit or vegetable
production growing in any place whatsoever
shall be guilty of felony, and on conviction
thereof liable to be punished as in the case
of simple larceny.
(2) Where any person ‘is charged with
an offence under subsection (1) of this sec-
tion, such charge may be heard, tried and
determined summarily by a. Magistrate and
on conviction for any such offence the
Magistrate may sentence the person charged
to a fine not exceeding one hundred and
twenty dollars or to imprisonment with hard
labour for any term not exceeding six
months, and upon a subsequent conviction
on a similar charge, to a fine not exceed-
ing two hundred and forty dollars or
to imprisonment with hard labour for any
term not exceeding twelve months.â€.
Kk. W. BLackBurne
2:
President,
Passed the General Legislative Council this
7th day of January, 1954.
A. E. Penn,
Clerk of the Council.
ANTIGUA. ° .
Printed at the Government Printing Office, Leeward Ialands. .
hy E. M. BLackmay,, E.D.. Government Printer.—By- Authority,
es : - 1954, ,
47/00015—475—1.54, 2 [Price 4 cents.]
No. 4 of 1954. Interpretation of Laws LEEWARD
(Amendment) ISLANDS.
[L.S.]
I ASSENT, .
K. W. Bracksurne,
Governor. _
20th January, 1954.
LEEWARD ISLANDS.
No. 4 of 1954.
An Act to amend further the Interpretation of
Laws Act.
BE IT ENACTED by the -Governor and
General Legislative Council of the Leeward Islands
as follows:—
1. This Act may be cited as the Interpreta- short title.
tion of Laws (Amendment) Act, 1954, and
shall be read as one with the Inter pretation of Cap. 103,
Laws Act, as amended, hereinafter called the
Principal ‘Act.
2. Section 2 of the Principal Act is hereby Repeal of sec-
tion 2 of the
repealed. Principal Act.
8. Section 16 of the Poacee Act is hereby Amendmentot
section 16 of
amended as follows:— ; the Principal
(a) by the insertion of the following ae
definition immediately before the definition of
the expression “ Chief Registrar†—
‘“ Act†shall include private Act
and any regulation, rule, by- ©
law, proclamaticn, order In
council, or order made under
the authority of any Act’; and
(2) by the substitution of the words
“Local Act and Act of the Imperial Parlia-
LEEWARD 9
ISLANDS.
Amendment of
section 23 of
the Principal
Act.
Substitution
of section 25
Interpretation of Laws No. 4, of 1954
(Amendment)
mentâ€â€™ for the words “ Presidential Ordinance
or Imperial Statute� appearing in the defini-
‘tion of the expression “ lawâ€â€™.
4. Section 23 of the Principal Act is hereby
amended as follows:—
(a) by the deletion of the word “andâ€
appearing at the end of paragraph (c); and
(6) by the substitution of a semi-colon
for the full stop appearing at the end of
‘paragraph (d), and the addition thereafter of
the following paragraphs:—
‘
““(e) where any Act confers
power on any authority to make any
regulation, rule, by-law or order for
any general purpose, and also for - .
any special purposes incidental
thereto, the enumeration of the
special purposes shall not be deemed
to derogate from the generality of
the powers conferred with reference
to the general purpose;
(7) where any such instrument
purports to be made or issued under —
any particular provision, then it shall
be deemed also to be made under all
other powers thereunto enabling;
and. -
(y) any reference in any regu-
lation, rule, by-law or order to “ the
Act†shall be read and construed.as
a reference to the Act conferring the
power to make or issue such regula-
tion, rule, by-law or order.â€
5. The following section is hereby substitu-
Sf the Prine ted for section 25 of the Principal Act:—
pal Act.
“Change in_
title of publio
office.
25. (1). When the Governor considers
it necessary to change the title of any public
office, he shall cause a notice to that effect to
be published in the (azette and, if practica-
ble, in at least one of the newspapers, if any,
circulating in each of the Presidencies concerned
~ No, 4 of 1954. Interpretation of Laws ° 8 LEEWARD |
(Amendment) ISLANDS.
setting out the former title and the substituted
title or titles of such office, and declaring that’
such change of title shall take effect, or shall be
deemed to have taken effect, from a date speci-
fied in such notice, and with effect from
such date—
(a) where the change in title con-
sists in the substitution of a single title
for the former title, the substituted title
shall replace the former title wherever the
former title appears in any Act or in any
‘ deed or other instrument made or issued
pursuant to or consequent upon any such
Act; and .
(6) where the change in title. con-
sists in the substitution of two or more
titles for the former title, the former
title shall be replaced, in the provisions
of any such Act, deed or other instrument
-as may be specified in such notice, by
such substituted title as may be specified
in such notice.
(2) A notice under subsection (1) of this,
section may be stated to take effect either in
the Colony or in any Presidency specified
therein and thereupon such change shall take
effect accordingly.â€
6. The Principal Act is hereby amended by Addition of
the addition thereto, immediately after section 26, tiie bance
of the following sections: — pal Act.
“27. When a substantive holder of any Appointment |
office constituted by or under any Act is on office during
leave of absence pending relinquishment of his (*e eee ie
office, it shall be lawful for another person to retirement of
be appointed substantively to the same office, Substantive
28. Where by or under any Act .the Appointment
Governor or any. public officer or body is fame or office.
empowered tO appoint or name a person to
_ have and exercise any powers or perform any
Me duties the Governor or such public officer or
body may either appoint a person by name or
direct the person for the time being holding
the office designated by the Governor or by }
such public officer or body torhave and exercise
\
LEEWARD
ISLANDS,
Power to
appoint in-
cludes power
to remove etc,
Power of Gov-
ernor to pro-
vide for execu-
tion of duties
of public offi-
cers during
temporary
absence or
inability.
4
Interpretation of Laws No. 4 of 1954.
(Amendment)
such powers and perform such duties; and
thereupon or from the date specified by the
Governor or by such public officer or body,
the person appointed by name or the person
for the time being holding the office aforesaid
shall have and may exercise such powers and
perform such duties accordingly. ~
29. Where any Act confers upon any
person or authority power to make ‘appoint-
ments to any office or place the power shall be
construed as including the power to remove or
suspend any person appointed, and to re-
appoint or reinstate him, and to appoint
another person temporarily in the place of any
person so removed or suspended or in place of
any holder of the office or place who has died
or is ill or absent, and to appoint another
person temporarily to fill any vacancy in the
office or place arising from any other cause:
Provided that where the power of the
person or authority to make any such appoint-
ment ts Only exerciseable upon the recommen-
dation or subject to the approval, consent or
concurrence of some other person or authority
the power of removal shall, unless the contrary
intention appears, only be exerciseable upon
the recommendation or subject to the approval,
consent or concurrence of that other person or
authority.
30. Where by or under any Act any
powers are conferred or any duties are imposed
upon a public officer, the Governor may direct
that, if during any period owing to absence or
inability to act from illness or any other
cause such public officer shall be unable to
exercise the powers or perform the duties of
his office in any place under his jurisdiction
or control, such powers shall be had and may
be exercised and such duties shall be performed
in such place by the person named by or by
the public officer holding the office designated
by the Governor; and thereupon such person
or public officer, during any period as aforesaid —
o
_ No. 4 of 1954. Interpretation of Laws 5
(Amendment)
shall have and may exercise the powers and
shall perform the duties aforesaid, subject to
such conditions, exceptions, and qualifications
as the Governor may direct.
31. Where by or under any Act power
is given to the Governor to appoint any
persons to be members of any board, commis:
sion, committee or similar body it shall be
lawful for the Governor, in the absence of any
provision to the contrary, to so appoint, by
his official designation, any public officer, and,
on such appointment and until such appoint-
ment shall be cancelled or otherwise determined,
the person for the time being filling the office
in question, shall be a member of such board,
commission, committee or similar body.
(2) Where by or under any Act power
is given to the Governor to appoint any
board, commission, committee or similar body, .
it shall be lawful for the Governor, in the
absence of any provision to the contrary, to
appoint a chairman of such board, commission,
committee or similar body.
_ 82. Where by or under any Act any
board, commission, committee or similar body,
whether corporate or unincorporate, is estab-
lished, then, unless the contrary intention
appears, the powers of such board, commis-
sion, committee or similar body shall not be
affected by —
(a) any vacancy in the membership
thereof ;
(6) the fact that it is afterwards
discovered that there was some defect in
the appointment or qualification of a per-
son purporting to be a» member thereof;
or
fc) the fact that there was any-
~ minor irregularity in the convening of
any meeting thereof.
LEEW ARD
ISLANDS.
Power to the
Governor to
appoint public
officers as such
to serve on
boards, etc..
and to appoint
chairman.
Powers of a
board, etc., not
affected by
vacancy, ete.
“LEEWARD 6 Interpretation of Laws No. 4 of 1954.
ISLANDS. (Amendment)
Barer oem: 33. Save as is. otherwise expressly
a ore °
Lhaney Orne provided by any Act, whenever any act or. |
sons. thing is required to be done by more than two
persons, a majority of them may do it.
Imperial Acts 34. Whenever any Act of the Impe-
Le re rial Parliament is extended to the Colony
modifications. such Act shall be read with such formal
alterations as to names, localities, courts,
officers, persons, moneys, penalties and other-
wise as may be necessary to make the same
applicable to the circumstances.â€
K,. W. Brackporne,
: President.
Passed the General Legislative Council this
Vth day of January, 1954.
A. E. Penn,
Clerk of the Council. -
ANTIGUA.
Printed ‘at the Government Printing Office, Leeward Islands,
by E. M. Brackmay, E.D., Government Printer—By Authority.
1954.
47/00202—475—1.54. ° Price 8 cents.
No. 5 of 1954. Immigration and Passport
(Amendment).
{L.8. }
[ Assent,
K. W. BLacksurne,
Governor.
20th January, 1954.
LEEWARD ISLANDS:
No. d of 1954.
An Act to amend further the Immigration and
_ Paasport Act, 1945.
BE IT’ ENACTED by the Governor and
General Legisiative Council of the Leeward Islands
as follows:—
1. This Act may be cited as the Immi-
gration and Passport (Amendment) Act, 1954,
and shall be read as one with the Immigra-
tion and Passport Act, 1945, as amended, herein-
after called the Principal Act.
“2. Section 29 of the Principal Act is hereby
amended as follows:—- :
(a) by the substitution of the words
“Photographs and finger-prints may be
taken’ for the words “ Finger-prints may be
taken’ in the marginal note thereto; and
(6) by the insertion of the words “ photo-
graph andâ€â€™.between the word ‘‘his†and the
word “ finger-prints†in line 3 thereof.
8. Section 32 of the Principal Act is hereby
amended as follows:—
' (a) ‘by the subsitution of a semi-colon for
the full-stop at the end of paragraph (7); and
(b) by the addition of the following para-
graph lettered *‘ (k) °—
““(k) penalties for the breach of
LEEWARD
JsLANDS
Short title. |
7/1945,
13/1953.
Amendment of
section 29 of
the Principal
Act.
Amendment of
section 32 of
the Principal
Act
any regulation made under thie Act.â€.
Leeward 2 Immigratién and Passport No.5 of 1964.
IsLanps. (Amendment).
pene mentor 4. Subsection (6) of section 33 of the Princi-
the Principal pal Act is hereby amended by the deletion of the
Act. words “ Governor in Council, or the Governor,†and
the substitution therefor of the words “ Governor,
or the Governor in Council,†and by deletion of the
words “ paragraphs (7) and (g) of section 5†and
the substitution therefor of the words “ paragraph
(/) of section 5 and subsection (1) of section 5Aâ€.
Amendment of 5. Subsection (2) of section 34 of the Princi-
section 34 of
the Principal pal Act is hereby amended as follows:—
Act. \ ‘
(a) by the deletion of the semi-colon and
the word “or†at the end .of paragraph (d)
thereof and the substitution of a comma there-
for; and ;
(6) by the deletion of paragraph (e)
thereof.
K. W. Bracksurng,
President.
Passed the General Legislative Council this
7th day of January, 1954.
A. EK. Prny,
Clerk of the Council.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buacxman, E.D., Government Printer.—By Authority.
1954,
47/00129—475—1.54. Price 4 centa
No. 6 of 1954. Proedial Larceny (Prevention) Lrewarb
[L. $] ISLANDS.
I Assent,
K. W. Buacxsurng,
_ Governor.
20th ‘January, 1954.
LEEWARD ISLANDS. -
No. 6 of 1954.
An Act to make better provision for the preven-
tion of predial larceny.
BE IT ENACTED by the Governor and
General Legislative Council of the Leeward Islands
as follows:—
1. This Act may be cited as the Pradial short title.
Larceny (Prevention) Act, 1954,
PART I,
PRELIMINARY.
2. In this Act, unless the context otherwise Interpreta-
requires— . oD:
‘“‘appointing authority ’’ means any appoint-
ing authority constituted under section 4;
‘authorised person †means any. person nomi-
uated and appointed under section 14 to
arrest Suspected persons; ;
“cattle†includes horses, asses, mules, kine,
sheep, goats, deer and swine, as well as
all horned cattle; \
“Community Committee†means any Com-
munity Committee constituted under
section 5;
“declared area’? means any area in a Presi-
dency ies under section 3 to bea
declared area;
“Division†means a police division of theâ€
Colony as provided in section 8 of the
Police Act, 1951; 12/1951
Leewarp 2 Predial Larceny (Prevention) No. 6 of 1954.
ISLANDS. a ee eee
Governor in Council ’’ means the Governor
in Council of the Presidency concerned;
“ night â€â€ means the interval between sunset
on any day and sunrise on the next
succeeding day;
“ preedial larceny ’? means—
24/1944. (a) the felony created by section 12
of the Larceny Act, 1944 as ainended by
the Larceny (Amendment) Act, 1954, or
(6) the felony created by section 5
of the Larceny Act, 1944;
‘* predial produce� means—
(a) any tree, plant, root, fruit,
vegetable or other agricultural production
growing in or upon any land which is
used or is capable of being used, whether
after treatment or otherwise, as food, or
as an ingredient in food, for man, or
cultivated grass for beast, or
(4) any cattle or the carcase, skin
or any part of any cattle;
“section ’’ means section of this Act;
“suspected person†means any person who
has or has had in his possession or under
his control in any place any predial pro-
duce in such circumstances. as shall rea-
sonably cause any police officer or
authorised person ‘to suspect that such
produce has been stolen or unlawfully
obtained.
Declared — 8. (1) The Governor in Council, whenever
eee he is satisfied that the public interest so requires,
may by order declare any area in a Presidency to
be a declared area for the purposes of this Act, and
upon the publication of such order in the. Gazette
. the provisions of Part II of this Act shall become
No. 6 of 1954. Predial Larceny ( Prevention) 3
and remain in force in such declared area during
the continuance in force of such order.
(2) The Governor in Council, upon being
satisfied that it is in the public interest so to do,
may at any time by order revoke an order made
under subsection (1) of this section, and upon the
publication of an order revoking any such order
the declared area to which that order relates shall
“cease to be a declared area and the provisions of
Part IT of this Act shall cease to apply thereto.
(3) An order made under this section shall
not be invalid for the reason only that any part of
the declared area to which it relates is situated in
any other declared area, but in the exercise of his
powers under subsection (1) of this section the
Governor in Council shall take reasonable care to
e..sure that no part of any declared area is situated
in any other declared area.
PART II.
PROVISIONS RELATING TO DECLARED AREAS.
4. (1) There shall be constituted in respect
of one or more declared areas an appointing
authority which shall be composed of such person
or persons, not exceeding three in number, as
may be thereunto appointed by the Governor
in Council who shall, when the - appointing
authority consists of more than one person, also
appoint one of such persons to be the chairman of
the appointing authority.
(2) It shall be the duty of the appointing
authority, in accordance with the provisions of
section 5, to appoint the members of the Commu-
nity Committee in any declared area in respect of
which the appointing authority has been appointed.
5. (1) There shall be constituted in each
declared area a committee to be known as the
- Community Committee, which shall consist of
such number of persons, being not less than six
nor more than eleven, as may be appointed thereto
in accordance with the provisions of this section, ©
LEEWARD
IsLANDS.
Appointing
authorities.
Constitution
of Community
Committees.
Lerwarp 4 Predial Laresny(Prevention) No. 6 of 1954.
IsLanps.
(2) An appointing authority shall appoint as
members of a Community Committee any person
who—
(a) has attained the age of twenty-one
years;
(6) is actively engaged in agriculture
or in the rearing of cattle in the declared area
or is resident therein; and
~(c) has expressed his willingness to .
serve asa member of the Community Com-
mittee for the declared area.
(3) An appointing authority may at any time
remove from office any member of a Community
Committee appointed by such appointing authority.
(4) Any member of a Community Committee
may at any time resign his office by instrument
in writing addressed to the appoiuting authority
by which he was appointed. :
Appointment 6. (1) Upon the appointment of the members
of Chairman of a Community Committee the appointing autho-
of Community ~. it i
Committee, rity shall call upon the members of the Committee
to meet at some convenient place within the
declared area to be stated by them on a date to be
so stated for the purpose of electing a chairman of
the Community Committee, and such members
shall meet at the place and on the date so stated.
- (2) The appointing authority, or, where the
authority consists of more than one person; the
chairman of the appointing authority, shall preside
at such meeting «nd any member of the Commu-
nity Committee present may propose any other
member present and willing to serve to be the ©
chairman of the Committee and if no other such
member be proposed, the member proposed shall
be the chairman. If any other member or mem-
-bers present and willing to serve be proposed the
members of the ;Committee shall proceed to
decide by vote’ the question whether the member
first proposed shall be the chairman, and if the
question is decided in the negative they shall
proceed in like manner to decide the question in
No. 6 of 1954. Preedial Larceny Raa. 5 amas
IsLanps.
respect of the other member or members proposed ;
in the order in which they were proposed until
a chairman has been elected.
(3) The appointing authority or chairman of
' the appointing authority presiding at such meeting
shall not vote in the first instance but in the case
of an equality of votes shall have and exercise
a casting vote.
7. (1) The quorum of each Community Quorum and
Committee shall be five. ite of
ommunity
Committees,
(2) The validity of any proceeding of a
Community Committee under this Act shall not
be affected by any vacancy amongst the members
thereof or by any defect in the appointment thereof.
(3) Subject to the provisions of such regula
tions as may be made by the Governor in Council
under section 25 each Community Committee shall
regulate the conduct and management of proceed-
ings before them and the hours and times and
places for their sittings in such manner as they
may from time to time think fit.
(4) A Community Committee may, in their
discretion, refuse to allow the public or any portion
of the public to be present at any proceedings of
the Committee.
8. (1) It shall be the duty of the Com- Functions of
munity Committee in each declared area to assist Ces
in securing by all lawful means the prevention and
suppression of preedial larceny in such area and
the detection and apprehension of predial thieves,
and for the accomplishment of such purposes to
organise and.carry out such activities and to
institute such precautions and make such in veces
tions as they may deem necessary.
(2) In particular, but without prejudice to
the generality of the foregoing, such Committee
shall have power—
(a) to take such lawful steps as may be
necessary to stimulate public opinion, and
organise community action against preedial
larceny ;
Leeward 6 Predial Larceny (Prevention) No. 6 of 1954.
IsLANDs.
(6) to pay remuneration to, and exercise
control over authorised persons appointed
under the provisions of section 14 in each
declared area;
(c) to employ persons for patrolling or
for guarding property in such declared area
and for serving summonses to witnesses when-
ever they shall consider it expedient to do so;
(d) to offer and pay rewards for informa-
tion leading to the detection and conviction
of any person guilty of pradial larceny or of
receiving stolen predial produce or of being
an accessory whether before or after the fact
to the commission of preedial larceny.
recaiee 9. The funds of each Community
Committee Committee—
(a) shall comprise of such sums as may
be allocated to it from any vote or contribu-
tion from the general revenue of a Presidency ;
and
(b) shall be applied to the carrying out
of all or any of their powers, functions and
responsibilities under this Act.
Bower of, 10. (1) In the discharge of their functions
Committee to under this Act a Community Committee shall have
examine per- power to summon and examine on oath any person
sa whom the Committee may reasonably suspect—
(a) to have committed or to be about to
commit predial larceny; or
(b) to have received or to be about to
receive stolen preedial produce; or
c) to be an accessory whether before or
after the fact to the commission of predial
larceny ; or - :
(d@) to have conveyed away or to be
about to convey away stolen predial produce;
or
(¢) to be in possession of knowledge the ©
disclosure of which would assist in the
suppression of preedial larceny.
No. 6 of 1954, Preedial Larceny (Prevention) 7
a
(2) A Community Committee shall have the
powers of a Judge of the Supreme Court to
summon and examine witnesses for the purposes
of subsection (1) of this section and no member.
of a Community Committee shall be liable to any
action or suit for any matter or thing done by
him as euch member.
(3) Every summons for the attendance of
witnesses or other persons shall be signed by the
chairman of the Community Committee.
(4) Any witness who shall wilfully give false
evidence in any proceedings before a Community
- Committee shall be guilty of perjury, und be liable
to be prosecuted and punished accordingly.
(5) All persons summoned to attend and
give evidence before a Community Committee
shall be bound to obey the summons rerved upon
LErEwarD
ISLANDS.
them as fully, in all respects, as witnesses are _
bound to obey subpwnas issued from the Supreme
Court.
(6) Every person. refusing, or omitting
without sufficient cause, to attend at the time and
place meutioned in the summons served on him,
and every person attending but leaving the pro-
ceedings without the permission of the Community
Committee, or refusing to answer, or to auswer
fully and satisfactorily to the best of his knowledge
and belief, all questions put to him by or with the
concurrence of the Community Committee, and
every person who shall at any sitting of a Com-
munity Committee wilfully insult any member of
such Committee or wilfully interrupt the proceed-
ings of such Committee, shall on summary convic-
tion thereof be liable to a fine not exceeding two
hundred and fifty dollars.
11. It shall be the duty of the police officers
to attend at proceedings before a Community
Committee to preserve order during such proceed-
‘ings and to perform such other duties as usually
pertain to their office when in attendance upon the
Supreme Court, and to serve summons on
_ witnesses, and to perform such ministerial duties
as the Community Committee shall direct,
J -
Police to
attend at
proceedings
before Com-
munity Com-
nittee.
LEEWwarRD
IsLANDS.
Duty of Com-
munity Com-
mittee to in-
form police of
prima facie
evidence of
commission of
offence,
>
Powers and
privileges of
" persons em-
ployed to
patrol, etc.
8 Preedial Larceny (Prevention) No. 6 of 1954.
12. Where from the examination of any
person under the provisions of section 10 it
appears toa Community Committee that there is
prima facie evidence of the commission of an
offence they shall make or cause to be made
accordingly a report, either oral or written, to the
police officer in charge of the nearest police station.
In such report there shall be specified—
(a) the name, address or other sufficient
description of the person shown by such
evidence to be the offender;
(6) the name, address or other sufficient
description of every person whom the Com-
mittee are satisfied is in possession of informa-
tion relating to the matter together: with a
summary of such information; and
(c) any other information in the posses-
sion of the Committee relating thereto.
13. (1) Subject to the provisions of subsec-
tion (2) of this section a person employed by a
Community Committee for patrolling or for
guarding property in a declared area in relation to
which such Committee has been established, shall,
' during the course of such employment, have and
exercise all the powers of a police officer; and,
subject to the provisions contained in any law
relating to firearms in the Presidency concerned,
it shall be lawful for a person so employed to be
in possession of a shotgun whilst he is actually
patrolling or guarding property in the course of
his employment or is proceeding to or from the
place where he is required to patrol or guard,
(2) The provisions of subsection (1) of this
section shall nut apply to any person employed by
a Community Committee for patrolling or guard-
ing property unless— o :
(a) the name of such person has been
submitted to the police officer in charge of the
Division in which the declared area is situate,
before such person has been so employed; and
_ (8) such police officer has notified the
chairman of the Community Committee that
No. 6 of 1954. Praedial Larceny (Prevention) 9 LrEWaRD
f IsLANDS.
he is satisfied that such person isa fit and ©
proper person to have and exercise the powers
and privileges referred to in this section,
PART III.
PROVISIONS RELATING TO THE PREVENTION OF
PrapiaL Larceny.
14. (1) A Community Committee may authorised
nominate any person to the police officer in charge Perss..
of a Division in the Presidency concerned to be an
authorised person.
(2) It shall be lawful for such police officer,
on the nomination of any person as provided in
subsection (1) of this'section, and with the sanction
. of the Administrator or Commissioner of the Presi-
dency concerned, as the case may be, to appoint
the person so nominated to be a person authorised
to arrest and deal with suspected persons in
accordance with the provisions of section 16.
(3) Such police officer may at any time revoke
any appointment made under subsection (2) of
_ this section.
(4) Every appointment or revocation of an
appointment under this section shall be published
in the Gazette.
(5) A Community Committee shall have
power to pay remuneration to and exercise control
over authorised persons within the declared area
in respect of which such Committee has been
appointed.
15. Whenever a police officer or authorised Power to
person has reasonable cause to believe that any ears
person has in his possession or under his control duce.
any preedial produce which the police officer or
authorised person has reasonable cause to ieee ees
has been stolen or unlawfully obtained sich police
officer or authorised person may require such
person to disclose and permit such police officer
or authorised person to inspect the contents of any
sack, basket, bundle, package, vehicle or other |
“receptacle in possession or under the control of
such person and if any person refuses or neglects ‘
to disclose and permit the police officer or authorised /
Lrewarp
IsLANDs.
Arrest and
trial of sns-
pected per-
sons,
12/1951.
10 Previal Larceny (Prevention) No. 6 of 1954,
person to inspect such contents he shall be guilty
of an offence against this Act and shall on summary
conviction thereof be liable to a fine not exceed-
ing one hundrea and twenty dollars or to impris-
onment with or without hard latour for any term
not exceeding three months.
16. (1) Any police officer or authorised
person may arrest a suspected person without a
warrant.
(2) As soon as possible after the arrest of a
suspected person, the police officer or authorised
person making the arrest shall bring the suspected —
person, together with any predial produce found
in his possession or under his control which is
reasonably suspected to have been stolen or unlaw-
fully obtained, to a police station.
(8) The provisions of sections 22, 23 and 25
of the Police Act, 1951 shall apply in relation to
any arrest under this section by an authorised
person as it applies to any such arrest by a police
officer.
(4) If the suspected person does not give an
account to the satisfaction of the Magistrate
by what lawful means he came by such pradial
produce, he shall be guilty of an offence against —
this Act and shall on summary conviction thereof
be liable to a fine not exceeding two hundred
_and forty dollars or to imprisonment with or
without hard labour for any term not exceeding
six months, and upon a subsequent conviction on
a similar charge, to imprisonment with or without
hard labour for any term not exceeding twelve
months.
(5) Ie any suspected person escapes from
any police officer or authorised person attempting
to arrest him, or lets fall or throws away any
preedial produce reasonably suspected to have been
stolen or unlawfully obtained it shall be lawful
for any Magistrate or Justice of the Peace, upon
application, to issue his warrant for the arrest of
that person, and upon his arrest that person shall
be deemed to have been arrested within the mean-
ing of subsection (1) of this section and may be
No. 6 of 1954. Predial Larceny (Prevention) 11
deals with in the manner laid down in subsections
(2), (3) and (4) of this section.
17. (1) If information is given on oath to
any Magistrate or Justice of the Peace that there
is reasonable cause for suspecting that any preedial
produce stolen or unlawfully obtained is concealed
or lodged in any house, store, yard or other place,
or on land (whether enclosed or not) or in any
vessel, such Magistrate or Justice of the Peace
may, by warrant under his hand directed to any
police officer, cause the louse, store, yard, place,
land or vessel to be entered and searched at any
time of the day or, if the warrant so authorises,
by night.
(2) The Magistrate or Justice of the Peace
issuing a warrant: under subsection (1) of this
section may, by such warrant, if it shall appear
necessary to him, give authority to the’ police
officer, with such assistance as may be found
necessary, to use force for the purpose of effecting
an entry, whetber by breaking open doors or other-
wise, but before using such force for the purpose
aforesaid the police officer shall make known his
authority.
(3) If upon search made in accordance with
the provisions ef subsections (1) and (2) of this
section, ahy predial produce which the police
"officer has reasonable cause to suspect to have been
stolen or unlawfully obtained is found, the police
officer shall arrest and bring before a Magistrate as
soon as may be practicable alter such arrest-—
(a) the person in whose house, store,
yard, place or vessel or on whose land such
predial produce is found; and
(b) any other person found in such
house, store, yard, place or vessel or on such
land, :
if the police officer has reasonable cause to suspect
that such:person placed or was privy to the placing
of such preedial produce in such house, store, yard,
place or vessel or on such land, knowing or having |
reasonable cause to suspect the same to have been
stolen or unlawfully obtained.
LEEWARD
ISLANDS.
Search war-
rant,
Lrewarp
IsLaNnDs.
Power to
board vessel,
etc,
Trial of per-
sons brought
before Magis-
trate under
sections 17
and 18,
~
12 Predial Larceny (Prevention) No. 6 of 1954
(4) lf a police officer fails or is for any reason
whatsoever unable to arrest any person mentioned
in paragraphs (a) and (b) of subsection (3) of
this section, a Magistrate or Justice of the Peace
may issue a warrant for the arrest of sucli person,
or a Magistrate may issue a summons requiring
such person to appear before the District
Magistrate at a time and place to be mentioned
in the summons,
18. (1) Any police officer may go on board
any vessel in any harbour, bay or roadstead and
remain on board the vessel for such reasonable
time as he deems expedient. If he has reasonable
grounds to suspect that there is on board the
vessel any predial produce stolen or unlawfully
obtained, he may search, with any assistants, any
and every part of the vessel, and, after demand and
refusal of the keys break open any receptacle.
Upon discovery of any predial produce which he
may reasonably suspect to have been stolen or
unlawfully obtained, the police officer may tike’
such produce and the person in whose possession
it is found before a Magistrate.
(2) A police officer may pursue and detain
any person in the act of conveying away from any
vessel ‘any praedial produce which such police
officer may reasonably suspect to have been stolen
or unlawfully obtained, whether that person has
landed or not, together with any pradial produce
so conveyed away or found in his possession.
19. A Magistrate may call upon any person
brought or appearing before him under the provi-
sions of section 17 or section 18 to give an account
to the satisfaction of such Magistrate—
(a) by what lawful means any predial
produce reasonably suspected to have been
stolen or unlawfully obtained came to be in
the house, store, yard, place or vessel or on
the land where such produce was found; or
(6) that he was not privy to the placing
of such priedial produce in such house, store,
yard, place or vessel or on such land, knowing
No. 6 of 1954, Predial Larceny (Prevention) 18
or having reasonable cause to suspect the same
to have been stolen or unlawfully obtained,
and any person who fails so to satisfy the Magis-
trate shall be guilty of an offence against this Act
and shall on summary conviction thereof be liable
to a fine not exceeding two hundred and forty
dollars or to imprisonment with or without hard.
labour for any term not exceeding six months, and,
upon a subsequent conviction on a similar charge,
to imprisonment with or without hard labour for
any term uot exceeding twelve months.
20. (1) If any person brought or appearing
before a Magistrate under the provisions of sections
_.16, 17 or 18 declares that he received any preedial
produce reasvnably suspected to have been stolen
_ or unlawfully obtained from some other person, or
that he was employed as a carrier, agent or servant
to convey such produce for some other person, the
‘Magistrate may cause every such other person
through whose possession such produce shall
previously have passed, to be brought before him
either by summons or by warrant, as the Magis-
trate shall in each case deem fit.
(2) Upon any such person as ie in subsection
(1) of this section mentioned being brought before
him, the Magistrate may examine that person on
oath as to whether he has been in possession or
control of the priedial produce reasonably suspected
to have been stolen or unlawfully obtained, and, upon
his admitting such possession or control, or upon it
being proved to the satisfaction of the Magistrate
that that person has been in possession or control
of such preedial produce, the Magistrate may call
_upon that person to give an account to the satisfac-
tion of the Magistrate by what lawful means he
came by such produce, and, if that person fails to
give such account, he shall be guilty of an offence
against this Act and shall, on summary conviction
thereof, be liable to a fine not exceeding two
hundred and forty dollars. or to imprisonment with
or without hard labour for any term not exceeding
six months, and upon a subsequent conviction on a
similar charge, to imprisonment with or without
Lerwarb
ISLANDS.
Tracing pos-
session,
hard labour for any term not exceeding twelve -
months, ae
LEEWARD
. ISLANDS.
Power of
police officer
_and author-
ised person to
summon as-
sistance.
Penalty for
assaulting eto.
police officer,
authorised
persons and
their agsist-
ants,
Power of
Court to
order special
police guper-
vision.
14 Preedial Larceny (Prevention) No. 6 of 1954.
“(8) For the purposes of this section, the
possession of a carrier, agent or servant shall be
deemed to be the possession of the person who
employed the carrier, agent or servant to convey
the praedial produce suspected to have been stolen or
unlawfully obtained.
21. A police officer or authorised person
may call upon any person to aid and assist him in
the execution of his duties under this Act, and if
any person so called upon neglects or refuses with-
,out lawful excuse to aid and assist such police
officer or authorised person he shall be guilty of an
offence against this Act and shall on summary
conviction thereof be liable to a fine not exceeding
one hundred and twenty dollars and in default of
payment thereof to imprisonment for any term not
exceeding three months.
22. If any person shall assault, obstruct,
hinder or resist any police officer or authorised
person in the execution of his duties under this
Act, or, any person acting in aid of such police
officer or authorised person, every such offender
shall be guilty of an offence against this Act and
shall, on summary conviction thereof, be liable to a
fine not exceeding two hundred and forty dollars
or to imprisonment with or without hard labour for
any term not exceeding six months.
23. (1) When any person is convicted of
the felony of predial larceny the Court before
whom such person is convicted may oider him to
be placed under special police supervision for a
period to be epee in such order not exceeding
one year.
(2) An order placing a person under special
police supervision under the provisions of this
section may be made in addition to or in su stitution
for any other punishment to which such person
may be liable, and when such an order is made in
addition to any sentence of imprisonment passed
upon such person, the period during which he
shall be under special police supervision shall
commence immediately after the expiration of such
sentence.
No. 6 of 1954. Preedial Larceny (Prevention) 15
24. (1) A person ordered in accordance
with the provisions of section 23 to be placed under
special police supervision shall, during the period
specified in such order, comply with the following
provisions—
(a) he shall forthwith upon the com-
.mencement of such period notify the police
officer in charge of the police station nearest to
his residence of the house or place in which he
, Tesides; ,
() he shall, when called upon so to do
by the police officer in charge of the police
station nearest to his residence, present himself
at such police station ;
(c) he shall not transfer his residence
without the written authority of the police
officer in charge of such police station;
Lexwarb
IsLaNDs.
Duties of
persons or-
dered to be
placed under
special police
supervision,
(d) -he shall remain within the doors of |
his residence during each night unless excused
from so doing on any particular occasion by
the police officer in charge of the Division in
which he resides.
4
(2) Where such person is authorised in
accordance with the provisions of paragraph (c) of
subsection (1) of this section to transfer his |
residence he shall notify the police officer in charge
of the police station nearest to the place in which he
will reside of the house or place in which he will
reside.
(3) A person ordered in accordance with the
provisions of section 23 to be placed under special
_ police supervision may be visited at his residence by
any police officer from time to time during the
period specified in such order,
** (4) Any person subject to the restrictions
specified in subsection (1) of this section who fails
to comply with the provisions of the said subsection
shall be guilty of an offence against this Act and on
summary conviction thereof shall be liable to a fine
not exceeding two hundred and forty dollars or to
‘imprisonment with or without hard labour for any
term not exceeding six months.
Lerwarp
IsLaNnpDs. —
Regulations,
Repeal,
Commence.
ment,
16 Predial Larceny ( Prevention) No. 6 of 1954.
25. (1) The Governor in Council may make |
Regulations generally for giving effect to the pro-
visions of this Act.
(2) Without prejudice to the generality of the
power conferred by subsection (1) of this section
Regulations may be made under that subsection to
provide for—
(a) the procedure to be followed by a
Community Committee in the exercise of
,their powers under section 10;
(6) the payment of compensation ‘to
authorised persons, and persons employed by a
Community Committee under the powers
conferred by paragraph (c) of subsection (2)
of section 8, for injuries received by such
persons in the execution of their duties, and the
badges or uniforms to be worn by any such
persons.
(3) Regulations made under paragraph (8) of
subsection (2) of this section shall not come into
force until they have been approved by resolution
of the Legislative Council of the Presidency
concerned.
26. The Act specified in the Schedule to
this Act is hereby repealed to the extent specified
in the third column thereof.
27. This Act shall come into operation ona
date to be appointed by the Governor by proclama-
tion in the Gazette.
~K. W. Bracksurne,
President.
Passed the General Legislative Council this
7th day of January, 1954.
A. E. Penvy,
Clerk of the Council.
No, 6 of 1954: Predial Larceny (Prevention) 17 Lxaewarp
IsLaNDs.
SCHEDULE.
No. of Act. Short title. Extent of Repeal.
18/1949 © The Larceny (Protection Sections 2, 3, 4, 5,
oe of Praedial Produce) 6, 7, 8, 9 and 10.
Act, 1949.
ANTIGUA.
Printed at the Government Prjnting Office, Leeward Islands,
by E. M. Buackman, E.D., Goveroment Printer.—By Authority.
54.
47/000138—475—1.54. Price 19 oenis.
No 7 of 1954. Agricwltural Small Holdings
(Amen amen t)
(L.S.]
I AssENrT,
K. W. BrackBurng,
Governor.
20th January, 1954.
LEEWARD ISLANDS.
No. 7 of 1954.
An Act to amend further the Agricultural Small
Holdings Act, 1938.
BE IT ENACTED by the Governor and
General Legislative Council of the Leeward Islands
as follows:—
1. This Act may be cited as the Agricultural
Small Holdings (Amendment): Act, 1954, and
shall be read as one with the Agricultural Small
Holdings Act, 1938, as amended, hereinafter called
the Principal Act.
2. Section 2 of the Principal Act is hereby
amended by the insertion, between the definitions
\
LEEWARD
ISLANDS.
Short title.
12/1938.
11/1939.
Amendment
of section 2 of
the Principal
ct.
of the expressions ‘“‘ Registrar†and ‘“‘ small hold- Act
ingâ€, of the following definition: —
“rules of good husbandry’? means the
application of such measures for the con-
servation of soil, the. maintenance of
fertility, and generally for the preserva-
tion of the capital value of the holding as
are deemed to be a fair and reasonable
standard due regard being paid to the
standards prevailing in the neighbour-
- hood;â€â€™. :
The following section is hereby substitu- .
ted for section 15 of the Principal Act:—
“©15. Where a person is let into posses-
sion of a small holding and the contract of
tenancy in respect of such holding is not in
writing, or, if in writing, has not been regis-
tered, the tenaney shall be deemed to be a
Substitution
of section 15
of the Princi-
pal Act.
Contracts
not m writing
and unregis-
tered con-
tracts.
LEEWARD 2 Agricultural Small Holdings No. 7 of 1954.
ISLANDS.
Substitution
of subsection
(2) of section
20 of the
Principal Act.
- (Amendment)
tenancy from year to year upon the terms and
conditions customary in registered contracts in
the district in which the small holding is situ- ©
ate, and in the absence of any such contracts,
upon the terms and conditions contained in the
form ‘of contract set out in Schedule A to this. |
Act, or as near thereto as circumstances shall .
permit; and in any proceedings the Magistrate
may make such order. as may be just and
reasonable in the circumstances.â€â€™.
4. The following subsection is hereby sub-
stituted for subsection (2) of section 20 of, the
Principal Act:— ~
“©(2) In the case of sugar cane cultiva-
tion, compensation shall be paid for canes
growing upon the holding in the ordinary
course of cultivation. and for subsequent crops
not extending beyond first ratoons and, pro-
vided that the tenant has cultivated and
managed the holding in accordance with the
rules of good husbandry, for subsequent cane
crops not extending beyond the second
ratoons:
Provided that no compensation shall be
payable in respect of any sugar cane planted,
without the consent in writing of the landlord,
after service of a notice to quit.â€.
K. W. BiackBurne,
President.
Passed the General Legislative Council this
7th day of January, 1954.
A..E. Penn,
Clerk of the Counetl.
=
ANTIGUA.,
Printed at the Government. Printing ‘Office. Leeward Islands.
by BE. M. Buacxway, E.D., Government Printer.—By Authority.
1954.
47/00177—475—1.54. (Price 4-cents.}
No. 8 of i954. Medical (Amendment).
[L.8.]
I AssEnT,
-K. W. Buiackpurne,
Governor.
20th January, 1954.
- LEEWARD ISLANDS,
No. 8 of 1954.
%
An Act to amend further the Medical Act, 1987.
BE IT ENACTED by the Governor and
General Legislative Council of the Leeward
Islands as follows:—
1. This Act may be cited as the Medical
(Amendment) Act, 1954, and shall be read as
one with the Vedical Act, 1937, as amended,
hereinafter called the Principal Act.
2. Section 2 of the Principal Act is hereby
amended by the deletion of the definition of the
expression “ Medical Register†appearing therein
LerwarD
IsLANDS.
Short title,
31/1987,
Amendment of
section 2 of
the Principal
Act.
and the substitution therefor of the following:— |
‘© Medical Register†means the Register of
. - medical practitioners, dentists, opti-
cians; and chemists and druggists
required to be kept in pursuance of this
Act.â€.
; 8. Section 10 of the Principal Act is here-
by amended by the deletion of the words
“Medical Practitioners, Dentists, Opticians, or
Druggists†appearing therein and the substitu-
tion therefor of the following words:—
‘medical practitioners, dentists, opti-
cians, or chemists and druggistsâ€.
4. Section 29 of the Principal Act is
hereby amended as follows:—
(i) by the deletion in paragraph (ii) of the
_ words “or dental surgery, or perform
any dental operation in respect of which:
he shall demand or receive any fee or
gratuity, â€;
Amendment of
section 10 of
the Principal
Act.
Amendment of
section 29 of
the Principal
Act.
LeewarD 2 ~ Medical (Amendment). No. 8 of 1954.
eres (ii) by the deletion of paragraph (6) of the
i proviso and the substitution therefor of
° the following:—
__ (6) the extraction of teeth by a
duly registered chemist and druggist
\ with the application of local anzesthetics
otber than cocaine, if authorised in
writing so to do by a Medical
Board; or â€.
~K. W. Brackgurne,
President.
Passed the General Legislative Council this
7th day of January, 1954.
A. E. Pewy,
Clerk of the Council,
ANTIQUA,
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackman, E.D., Government Printer.—By Authority. |
: . 1954 -
47/00154-475—1.54, Price 4 cents,
N 9 £
Title by Registration
No. 9 of 1954,
' (Amendment). —
[L.8.]
I Assent,
Kk. W. BiackBurNE,
Governor.
20th January, 1954.
LEEWARD ISI.ANDS.
No. 9 of 1954.
An Act to amend further the Title by Registration
Act.
BE IT ENACTED by the Governor and
General Legislative Council of the Leeward Islands
as follows:—
1. This Act may be cited as the Title by
Registration (Amendment) Act, 1954, and shall be
read us one with the Title by Registration Act, as
amended, hereinafter called the.Principal Act.
2. The Principal Act is hereby amended by
the insertion therein immediately after section 34
of the following section as section 34A:—
““34A. (1) Where any person is the
registered proprietor of contiguous parcels of
land, it shall be lawful for the Registrar of
Titles at the request of such person to issue to
him one certificate of title in respect of the
said parcels of land in substitution for the
several certificates of title relating thereto.
(2) Sections 12 and 18 of this Act shall
have effect, mutatis mutandis, on every request -
made under subsection (1) of this section.â€. ,
8. The following section is hereby substitu-
ted for section 155 of the Principal Act:—
“155. (1) Where a solicitor is employed
to do professional work under this Act, he
shall be permitted to charge an ad valorem fee
~ according to the scale set forth in the Fifth
Schedules.
\
LEEWARD -
ISLANDS.
}
Short title.
Cap. 99.
Insertion of
new section
to the Prinoi-
pal Act.
Consolida-
tion of certifi-
cates of title,
Substitution
of section 155
of the Princi-
pal Act.
Fees to be
paid to solici-
tors.
LEEWARD
ISLANDS.
2
Title by Registration No. 9 of 1954.
(Amendment). _
(2) The fee referred to in subsection (1)
of this section shall not include payment for
. professional work rendered in respect of
contentious litigation arising between parties,
or the: customary commissions payable for
carrying through negotiations for purchase,
sale or loan.
(3) Spbject to the provisions of subsec-
tion (2) of this section, the fee referred to in
subsectién (1) of this section shall cover not
merely the filling up of any form or instrument
required to be presented to the Registrar of
Titles, or any other form under this Act, but
also all meetings, correspondence and all other
charges whatsoever which the solicitor might
otherwise have legally made, or which might
have been charged before the passing of this
Act, in relation to professional work, or any
similar professional work, required to be
performed. —
(4) If the solicitor and his client are
unable to agree upon the value of the land or
incumbrance for the purposes of this section,
the question shall be referred to the Registrar
of Titles-who shall fix’ the said value and for
so doing he may require such evidence by
affidavit. or otherwise as he may think fit.
(5) Where the value of the land or
incumbrance fixed by the Registrar of Titles
under subsection (4) of this section exceeds
four thousand eight handred dollars. either
party, if dissatisfied therewith, may bring the
question before the Court in the manner
provided by section 139 of this Act.
(6) For the purposes of this section the
property value of incumbrances shall be taken
as ten years of the annual sum chargeable on
the estate value or whole value of instalments
secured,†;
No. 9 of 1954. - Title by Registration 3 LEEWARD
(Amendment).
ISLANDS.
4. The Fifth Schedule to the Principal Act, Babeneaen
‘is hereby repealed and the following Schedule Schedule ta
substituted therefor:— = Principal
“FIFTH SCHEDULE.
(Section 155) ©
1. First Certificate of Title and Transfer
subsequent to First Certificate of Title.
Fee based upon the value of the land
on the following scale:—
For the first $480 minimum fee
ss 57, Second $480
yy gy Ext $3840
,, each succeeding $4800 or
part thereof
2. Transmission—Taking out Certificate of
Title, Consolidation of Titles and Crop
Advance Warrants. -
_ Fee based upon the value of the land
or, in the case of Crop Advance
Warrants, the estimated crop value,
on the following scale:—
One half of the-sums specified in
the several categories set out in
paragraph. 1 of this Schedule.
3. Mortgages, Transfer of Mortgages and
Incumbrances.
For the first $480
», 9 next $4320
»» all amounts in excess of $4800
4
4. Discharge of Mortgages and Caveats
For indorsement of discharge
Entering, withdrawing or removing
Caveats.
$20.16
$10.08
13% ©
1%
$15.12
1%
13%
$10.08
$10.08
LEEWARD 4 — Title by Registration. No. 9 of 1954.
ISLANDS. (Amendment).
5. ‘Sale of Incumbered Land.
(a) - Fees based upon the sale value of
the land sold on the following
scale:—
For the first $480 ny 4
» 95 next $480 4%
†††$1920 3%
Gwe ay, $UOIS20 2%
», ‘sll’ amounts in excess of
$19,200 - e%
(6) For each additional application for
or incidental to the sale of incum-
bered land, such fee as the Court
may allow not exceeding $15.12
6. For replacement of a lost Certificate of
Title. $15.12
7. Any work performed under this .Act
not provided for by this Schedule. | Such fee
as the Court
may allow
inder_sec-
tion 155B
of this Act.â€
K. W. BLackBurNE,
Phesione
Passed the General Legislative | Council this 7th day of
January, 1964.
A. E. Penny,
Clerk of the Council.
ANTIGUA,
Printed: at the Government Printing Office, Leeward Ielands,
by E. M. Buaoxman, E.]), Government Printer.—By Authority.
E “1954. :
47/00272—475—1.54, (Price 6 cents.]
No. 10 of 1954. - Appropriation.
PLES.
I AssEnt,
K. W.-BiackKBurNE,
Governor.
20th January, 1954.
LEEWARD ISLANDS.
No. 10 of 1954.
An Act to provide for the services of the Colony of the
Leeward Islands for the year ending on the thirty-
first day of December, 1954.
BE IT ENACTED by the Governor and General
Leeward
IsLANDS.
Legislative Council of the Leeward Islands as follows:— >
- 1. This Act may be cited as the Appropriation
Act, 1954.
Q. There shall be and there is hereby granted to
Her Majesty the Queen, for and during the year ending
on the thirty-first day of December, 1954, the sum of
Seven Hundred and Wighty-five Thousand, and Highty-
eight Dollars, over and above the sums already granted
and provided under the Acts in force in the Colony to
be applied and expended in the manner and for the
services specified in the.First Schedyle hereto.
3. Such part of the said sum of Seven Hundred
‘and Eighty-five Thousand and Highty-eight Dollars, and
also the sums already granted and provided as aforesaid
amounting to the sum of Eighteen Thousand Dollars ‘as
set forth in the Second Schedule hereto, as is recoverable
from the several Presidencies shall be charged upon
their funds in the proportions specified in the Third
Schedule hereto. .
K. W. Bracksurne,
President.
Passed the General Legislative Council this 7th day
of January, 1954. :
A. E. Prny,
Clerk of the Council.
Short title.
Appropriation.
Proportions
payable by
Presidencies,
‘LEEWARD 2
ISLANDS,
HEAD,
Il.
III.
IV.
VI.
VII."
VIII.
"TX.
exe
XII.
XII.
HEAD.
TL
_ Appropriation.
FIRST SCHEDULE.
SERVICE.
Pensions
Governor
Secretariat
Audit
Education =o
Judicial
Legal
Miscellaneous
Police : ®
Post: Office
Printing
Treasury cas
Development & Welfare and
Other Imperial Grants
SECOND SCHEDULE.
SERVICE.
Governor
No. 10 of 1954,
AMOUNT.
$ ’
86,703
15,883
40,186
41,702
16,281
11,067
12,017
64,332
386,282
8,000
33,637
2,640
66,358
785,088
AMOUNT,
$
18,000
18,000
perme
oi Ss
Bice Carlwor. Appropriation, 8 LeEwarD —
: THIRD SCHEDULE. ° _ ee
General Apportionment.
Antigua .. 3848/1000
St. Kitts-Nevis and
Anguilla o 535/1000
Montserrat oer 61/1000
Virgin Islands i, 56/1000
Police. Oo
7
In respect of Personal Emoluments based on services
rendered according to distribution of personnel.
: $
Antigua oe 191,191
St. Kitts-Nevis and
Anguilla en 132,668
Montserrat Bae 39,203
Virgin Islands tee 6,848
+
ANTIGUA,
Printed at the Government Printing Office, Leeward Islands,
by E. M. Bnackman, E,D., Government Printer.—By Mothority
: : 1954,
Y 47/00083 —475—1.54, Price 5 cents,
ac eS
No. 16 of 1953. Interpretation of Laws (Amenament).
| [L.S.]
_ I Assent,
K. W. BrackBurneE,
Governor.
31st December, 1953.
ANTIGUA.
No. 16 of 1953.
\ ANTIGUA.
An Ordinance to amend further the mn
of Laws Act, 1896.
; BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:—
1. This Ordinance may be cited as the
Interpretation of Laws (Amendment) Ordinance
1953 and shall be read as-one with the Interpreta-
tion of Laws Act, 1896, as amended, hereinafter
called the Principal Ordinance.
2. Section 10 of the Penpals Ordinance is
Bereby amended as follows:—
(a) by the renumbering of the seetion as
subsection (1) of section 10;
ie (0) by the addition of the following as
subsections (2) and (38) respectively :—-
“*(2) All acts done and performed
by the person acting fer, and doing the
duty of, any public officer who has
obtained leave of absence within the
period for which such leave has been
granted, shall be good, valid and effectual
for all purposes whatsoever, notwith-
_ standing that such public officer may be
x within the Presidency at the time when
such acts were done and performed,
329. 72074
L4ug7t
Short Title,
6/1896,
29/1927,
1/1934,
3/1988.
18/1939,
Amendment
of Section 10
of Principal
Or‘dinance,
ANTIGUA. 2 Interpretation of Laws (Amendment). No. 16 of 1953.
Amendment
of section 11
cf the Prinoi-
(3) Unless the contrary intention
appears, where any Ordinance, whether
passed before or after the commencement
of this Ordinance, contains a reference to
the Attorney-General, the reference shall,
in the absence of the Attorney-General
from the Presidency; be construed to
include a reference to the Crown Attorney
present in the Presidency -as the ~~
Attorney General’s deputy.â€
8. Subsection (3) of section 11 of the
Principal Ordinance is hereby repealed and replaced
pal Ordinance. gg follows:—
(3) Where any Ordinance, whether
passed before or after the commencement of
this Ordinance, confers power on any author-
‘ity to make or issue any instrument (that is to
say, any regulation, rule, by-law, proclamation,
order-in-council or order) the following provi-
sions shall, unless the contrary intention
appears, have effect with reference to the
making, issue and operation of such instru-
ment— . ,
(a) any instrument as aforesaid may at —
any time be amended, varied, rescinded or
revoked by the same authority and in the
same manner by and in which it was made;
(6) there may be annexed to the breach
of any regulation, rule, by-law, order-in-
council or order such penalty not exceeding
forty-eight dollars-as the authority making
the regulation, rule, by-law, order-in-council
or order may think fit;
(c) where any Ordinance confers power
on any authority to make any regulation, rule,
by-law, order-in-council or order for any
general purpose, and also for any special -
purposes incidental thereto, the enumeration
of the special purposes shall not be deemed to
derogate from the generality of the powers
conferred with. reference to the general:
purpose;
(d) no regulation, rule, by-law, order-in-
council or order shall be inconsistent with the
provisions of any Ordinance,â€
“No. 16 of 1953. Interpretation of Laws (Amendment). 3 ANTIGUA.
4. (1) Section 18 of the Principal Ordinance is Amendment
hereby amended as follows:— of the Prin-
s . cipal Ordi-
nanoe,
(a) by the*substitution of the following
for paragraph 6 thereof—
(6) The expression ‘ Goverhorâ€
_ shall mean the Officer for the time being
administering the Government of the
Presidency ;â€â€™ and
(b) by the substitution of the expression
‘the Governor†for the expression “a Gover-
nor†appearing in the definition of the
expression ‘Justice of the Peaceâ€; and
(c) by the addition thereto of the follow-
ing paragraphs immediately after paragraph
33—.
(34) The expression ‘‘ Actâ€â€™ shall
include Ordinance and private Act or
Ordinance, and any regulation, rule, by-
law, proclamation, order-in-council or
order made under the authority of any
Act or Ordinance;
(35) The expression “ Chief Justiceâ€
shall mean the Chief Justice of the
Supreme Court of the Windward Islands
and Leeward Islands;
(36) The expression “law†shall |
include any Ordinance, Federal Act or
Act of the Imperial Parliament and any
regulation, rule, by-law, proclamation,
order-in-council, order, scheme or direc-
tion made or given under the authority
of any law;
(37) The expression ‘“ Ordinanceâ€
shall include private Ordinance and any
Act or private Act-of the Legislature of
Antigua and any regulation, rule, by-
law, proclamation, order-in-council or
order made under the authority of any
such Act or Ordinance;
(38) The expression “ prescribed
shall mean prescribed by an Ordinance
in which the said expression occurs or
ANTIQUA, 4 Interpretation of Laws (Amendment). No. 16 of 1953. .
Insertion of
by any regulation, rule, by-law, order-in-
-council, order, or form of notice issued or
made thereunder and in relation to any
regulation, rule, order-in-council or order
. shall mean prescribed by the Governor
in Council unless some other authority is
mentioned in the Ordinance;
(39) The expression “subsidiary
legislation’ shall mean any regulation,
rule, by-law, proclamation, order-in-coun-
cil, order, direction, notice or other
instrument made under any Ordinance or
other lawful authority and having legisla-
tive effect. _
(2) Paragraph (a) of subsection (1) of
of this section shall come into operation on a
day to be appointed by the Governor by
proclamation published in the Gazette.
5. The following new sections shall be
rep sections inserted in the Principal Ordinance immediately
in Principal
Ordinance. after section 18 thereof :—
‘Change in
title of public
office.
18A. Whenever the Governor considers
it necessary to change the title of any public
office, he shall cause a notice to that effect to
be published in the Gazette setting out the
former ttle and the substituted title or titles
of such office, and declaring that such change
of title shall take effect or shall be deemed to
have taken effect, from a date specified in such
nective, and with effect from such date— —
(a) where the change in title consists
in the substitution of a single title for the
former title, the substituted title shall
replace the former title wherever the
former title appears in any Ordinance or
in any deed or other instrument made or
* issued pursuant to or consequent upon
any such Ordinance; and
(6) where the change in title con-
sists in the substitution of- two or more
titles for the former title, the former title
shall be replaced, in the provisions of any -
such Ordinance, deed or other instru-
ment as may be specified in such notice,
by such substituted title as may be speci-
fied in guch notice,
No. 16 of 1953. Interpretation of Laws (Amendment), 5 Antigua.
18B. No Ordinance shall in any manner Rights of the
whatsoever affect the rights of the Crown “°*â€
unless it is therein expressly provided or unless
it appears by necessary implication that the
Crown is bound thereby.
18C. When a substantive holder of any Appointment
office constituted by or under any Ordinance S,ecgemer ‘°
is on leave of absence pending relinquishment leave of ab-
of his office, it shall be lawful for another Spee Bret s
person to be appointed substantively to the substantive
same office. holder,
18D. Where by or under any Ordinance 4 ppointment
the Governor or any public officer or body is °f officers by
: name or office.
empowered to appoint or name a person to
have and exercise any powers or perform any
duties the Governor or such public officer or
body may either appoint a person by name or
direct the person for the time being holding
the office designated by the Governor or by
such public officer or body to have and
exercise such powers and perform such duties;
and thereupon or from the date specified by
the Governor or by such public officer or body,
the person appointed by name or the person
for the time being holding the office aforesaid
shall have and may exercise such powers and
perform such duties accordingly.
18E. Where any Ordinance confers Power to
upon any person or authority power to make chet uowe!
appointments to any office or place the power to remove, ete.
shall be construed as including the power to
remove or suspend any person appointed, and
to reappoint or reinstate him, and to appoint
another person temporarily in the place of any
person so removed or suspended or in place of
any holder of the office or place, who has
died or is ill or absent, and to appoint another
person temporarily to fill any vacancy in the
office or place arising from any other cause:
Provided that where the power of the
person or authority to make any such appoint-
ment is only exercisable upon the recommen-
‘dation or subject to the approval, consent or
concurrence of some other person or authority
Anrigua.
Power of Gov-
ernor to pro-
vide for execu-
tion of duties
-of public offi-
cer during
temporary
absence or ,
inability.
Power tothe
Governor to
appoint publics
officer as such
to serve on
board and to
- appoint chair-
man.
Vowers of a
board, etc. not
affected by
yacancy, etc,
‘be a member of such _ board,
6 Interpretation of Laws (Amendment). No. 16 of 1953.
the power of removal shall, unlesss the
contrary intention appears, only be exercisable
upon the recommendation of or subject to the
approval, consent or concurrence of that other
person or authority.
18F. Where by or under any Ordinance
any powers are conferred or any duties are
imposed upon a public officer, the Governor
may direct that if during any period owing to
absence or inability to act from illness ‘or any
othcr cause such public officer shall be unable
to exercise the powers or perform the duties
of his office in any place.under his jurisdiction
or control, such powers shall be had and may
be exercised and such duties shall be performed
in such place by the person named by, or by
the public officer holding the office designated-
by, the Governor; and thereupon such person
or public officer, during any period as aforesaid
shall have and may exercise the powers and
shall perform the duties aforesaid, subject to
such. conditions, exceptions, and qualifications
as the Governor may direct.
18G. (1) Where by or under any Ordi-
nance power is given to the Governor to -
appoint any persons to be members of any
board, commission, committee or similar body
it shall be lawful for the Governor, in the
absence of any provision to the contrary, to
so appoint, by his official designation, any
public officer, and, on such appoiutment and
until such appointment shall be cancelled or
oth:rwise determined, the person for the
time being filling the office in question shall
commission,
committee or similar body.
(2) Where by or under any Ordinance
power is given to the Governor to appoint
any board, commission, coinmittee vr similar
body, it shall be lawful for the Governor, in
the absence of any provision to the contrary,
to appoint a chairman of such board, commis-
sion, committee or similar body.
18H. Where by or under any Ordi
nance any board, commission, committee or
similar body, whether corporate or unincor-
No. 16 of 1953. Interpretation of Laws (Amendment). 7
porate, is established, then, unless the. con-
trary intention appears, the powers of such
board, commission, committee or similar body
shall not be affected by—
(a) any vacancy in the membership
thereof;
(b) the, fact that it is afterwards
discovered that there was some defect in
the appointment or qualification of a
person purporting to be a member there-
of; or
. (c) the fact that. there was any
minor irregularity in the convening of
any meeting thereof.
181: Save as is otherwise expressly pro-
vided by any Ordinance, whenever any act or
thing is required to be done by more than two
’ persons, a majority of them may do it.
18J. Whenever any Act of the Imperial
Parliament is extended to the Presidency such
Act shall be read with such formal alterations as
to names, localities, courts, officers, persons,
moneys, penalties and otherwise as may be
necessary to make the same applicable to the
circumstances.†© :
6. Section 3 of the Principal Ordinance is
hereby repealed.
R. Sv. J. O. Warnr,
President.
Passed the Legislative Council this 21st dsy
of December, 1953. Bet as
J. L. Ropinson,
Clerk of the Counctl. -
-ANTIGUA,
ANTIGUA.
Power of
majority of
more than
two persons.
Imperial Acts
to be read with
necessary
modifications.
Repeal.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Biacxman, E.D,, Government Printer.—By Authority.
1954
—480— 1.54.
Price 9 cente,
|
Full Text |
Il.
GAZETTE.
Published by Authority.
THURSDAY, 28rH JANUARY, 1954.
No. 7.
Notices,
The Governor has been pleased to
accept the resignation of Dr. W. T.
JOSEPH as an official member of the
Legislitive Council of the Presidency
of the Virgin Islands, with effect from
the 21st January, 1954.
The Svoretariut,
Antigua.
22nd Janvary, L954.
Ref. No. C. 18/00012.
The Governor has been pleased to
re-appoint the following persons with
effect from the 16th January, 1054,
to be unofficial members of the
Executive Council of the Virgin
Islands until the 24th November,
1954:—
The Hon. J. O. GEORGES, M.B.E.
The Hon. H. R. PENN, M.B.E.
The Hon. I. G. Fonseca,
The Secretariat,
Leeward Istands,
Ab Antigua.
22nd January, 1954.
Ref. No. ©. 12/00008.
It is hereby notified for general
information that Her Majesty the
Queen has been pleased to give
instructions fur the appointment of
Mr. Mc. WELLING TODMAN to be an
official member of the Legislative
Council of the Presidency of the
Virgin Islands.
His Excellency has appointed Mr.
ToDMAN accordingly.
The Secretariat,
Antsgua.
22nd January, 1954.
Ref. No. C. 18/00012.
The Commissioner of Montserrat
has appointed Pastor ALFRED FRAN-
cos to be a Marriage Officer for that
Presidency with effect from 1st Jan-
uary, 1954.
M. 8).
S29,7297
LY? IL.
The Commissioner, Montserrat, has
by virtue of the power conferred on
him by section] of the Land Sur-
veyors Ordinance, 1887, (Montserrat
No. 4 of 1887), appointed: Mr. JAMES
PERCY MEADE two he « Surveyor of
land during pleasure.
M, 46/5,
NATURALIZATION.
A Certificate of Naturalisation No.
1 of 1954 dated the 24th December,
3953, has been granted to Mr,
LOCKLING ANSWORTH TONGE known
as LAUCHLAND ToNnGE of Michael's
Village, St. John’s, Antigua, under
the British Nationality Act, 1948.
The Secretariat,
Leeward Islands,
At Antigua.
27th January, 1954.
Ref, No. 55/00018.
No. 7.
The Governor has been pleased, on
the 20th January, 1954, to assent to
the undermentioned Acts of the Lee-
ward Islands:—
No. 1 of 1954, ‘The Infants Pro-
tection (Repeal) Act, 1954â€;
No. 2 of 1954, ‘The Leeward
Islands Scholarship (Amendment)
Act, 1954â€:
No. 3 of 1954, ‘*The Larceny
(Amendment) Act, 19547’;
No. 4 of 1954, ‘The Interpretation
of Laws (Amendment) Act, 1954â€;
No. 5 of 1954, * The [Immigration
and Passport (Amendment) Act,
1954â€;
No. 6 of 1954, “The Pradial
Larceny (Amendment) Act, 1954â€;
No. 7 of 1954, “ The Agricultural
Small Holdings (Amemdment) Act,
1954â€;
No. 8 of 1954, “The Medical
(Amendment) Act, 1954â€;
No. 9 of 1954, “The Title by
Registration (Amendment) Act,
1954â€;
No. 10 of 1954, ‘The Appropria-
tion Act, 1954.
No. 8.
The following Acts and Ordinance
are circulated with this Gazette and
form part thereof:—
ACTS,
Leeward Islands.
No. 1 of 1954, “’Phe Infants Pro-
tection (Repeal) Aci, 1954."
1 pp. Price 3 cents.
No. 2 of 1954. “The Leeward
Islands Scholarship (Amendment)
Act, 1954.†L pp. Price 3 cenés.
No. 3 of 1954, “The Larceny
(Amendment) Act, 1954.â€
2 pp. Price + cents.
No. 4 of 1954, * The Interpretation
of Laws (Amendment) Act, 1954.â€
6 pp. Price 8 cents.
No. 5 of 1954, “The Immigration
and Passport (Amendment) Act,
1954.†2 pp. Price 4 cents.
No. 6 of 1954, ‘The Preedial Lar-
ceny (Prevention) Act, 1954.â€
17 pp. Frice 19 cenis,
No. 7 of 1954, “The Agricultural
Small Holdings (Amendment) Act,
1954.†2 pp. Price 4 cents.
No. 8 of 1954, “The Medical
(Amendment) Act, 1954.â€
2 pp. Price 4 cents,
No. 9 of 1954. “The Title by
Registration (Amendment) Act,
1954.†4 pp. Price 6 cents,
No. 10 of 1954, “The Appropria-
tion Act, 1954.†3 pp. Price 5 cents.
ORDINANCE.
Antigua.
No. 16 of 1953, ‘The Interpretation
of Laws (Amendment) Ordinanee,
1953.†T pp. 4 tee 9 cents.
New Stamp Issue,
Leeward Islands.
It is hereby notified for general in-
formation that a new main issue of
Leeward Islands postage stamps with
their values expressed in decimal
currency instead of in sterling will be
placed on sale throughout the Colony
on the 22nd February, 1954. The
16 THE
abovementioned issue contains one
new denomination or 8 ct.
The design of the new stamps con-
sists of a profile portrait of Her
Majesty Queen ELIZABETH IT cen-
trally placed and the values and
colours are as follows:—
Value. Colour.
$cent brown
tL cent grey
2cents green
Zeoents yellow and black
4 cents red
5 cents black and purple
6 cents yellow
8cents blue
12 cents purple and rose
24cents black and green
48 cents purple and blne
60 cents green and brown
$1.20 yellowgreen and red
$2.40 green and red
$4.80 purple and black.
The Secretariat,
Leeward Islands,
at Antigua.
8th January, 1954.
Ref. No. 65/00025.
In The Matter of the Estate of
JOSEPH JAMES
(Unrepresented ).
To all Creditors of the above Estate.
You are hereby notified that you
are to come in and prove your debts
and file your claims at the office of
the Administrator of Estates at the
Court ffouse in the town of Basseterre
in the Island of Saint Christopher
against the said estate.
LEEWARD ISLANDS GAZETTE.
Yreditors resident within the Colo-
ny of the Leeward Islands are to file
their claims within four months after
the 2nd of January, 1954.
Creditors resident out of the said
Colony are to file their claims within
eight months from the said 2nd day
of January, 1954.
AND FURTHER TAKE NOTICE
that any creditors failing to file their
claims within the time above specified
will be excluded from any benefits
arising from the said Hstate.
All persons indebted to the said
deceased are requested to pay the
amount of their respective debts to
me.
Dated the 2nd day
1954.
of January,
D. 8S. BROOKES,
Administrator of Estates.
Ref. No. 36/00002-——IT.
TRADE MARKS OFFICE,
ANTIGUA, 12ch January, 1954,
BENSON & HEDGES LIMITED
of 13, Old Bond Street, London, Eng-
land, have applied for Registration of
one Trade Mark consisting of the
following: —
PARLIAMENT
in Class 45 that is to say:—
Cigarettes, Cigars and Tobacco.
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 Leeward Islands Gazette, give
notice in duplicate at the Trade Marks
Office, Antigua, of opposition to regis-
tration of the said Trade Mark.
A, R. MmAbDRB,
Acting Registrar of Trade Marks.
[28 January, 1954°
Statement of Currency Note
Circulation in the British
Caribbean Territories (Hast-
ern Group) on ist January,
1954.
Average Circulation during Novem-
ber, 1953.
$
Br. Caribbean Cur-
rency Notes 44,481,664.00
Gov’t Currency Notes 2.477,328.00
46,958,992.00
British Caribbean Notes:—
$
Trinidad & Tobago . 23,979,776
Barbados . 98,416,500
British Guiana . 12,718,643
Leeward and
Windward Islands 6,653,700
Total Br. Caribbean
Notes . 48,768,619
Trinidad and Tobago
Government Note
Cireulation 1,578,587
Barbados Government
Note Circulation 182,900
Br. Guiana Government
Note Circulation 606,986
Total Government
Note Cireulation 2,368,473
Total circulation on
Ist January, 1954 51,137,092
L. SPENCE,
Laxecutive Commissioner,
British Caribbean
Currency Board.
British Caribbean Currency Board,
Treasury Chambers,
Port of Spain,
Trinidad, B. WT.
Ref. No. 24/00027.
RAINFALL FIGURES.
Central Experiment Stsztion,
antigua.
1950. 1951. 1952. 1953. 1954.
ans 23) e4e2 9p} 82°52) ah Ie) DO
‘28 January, 1954.| THE LEEWARD ISLANDS GAZETTE. 17
IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS
(AN'TIGUA CIRCUIT)
A.D. 1954,
Notice is hereby given that the Honourable Puisne Judge has appointed the sitting of the Supreme Court of
the Windward Islands and Leeward Islands at which the following causeg will be heard.
The hour at which the Court will ait will be at 0.30 o’clock in the forenoon ip each case:—
APPEALS.
Date. Appellani. Respondent.
1/2/54 Doris Stevens Mary Martin
a Martin Branch Cecil Potter
a Leon Cort Edgar 'l’. Tonge
(Inspector of Police)
MATRIMONIAL CAUSES.
Date. Peistioner. Respondent.
3/2/54 Joseph Kvans Fenton Enesta Vernella Fenton
5 Charles Frederick Walker Althea Elese Walker
fy David Charles Gwendolyn Charles
ne Charles Adolphus King Mary Juanita King
an William John Abbott Olga Eugenie Abbott
SUPREME COURT.
Date. Plaintif—f: Defendant.
8/2/54 James Francis Matilda Martin
os Leonard Perry Arthur Tomlinson
a Samuel Jarvis John Harold Moore
ee Samuel Dennis Gabriel Geo. W. Bennett Bryson & Co. Ltd.
10/2/54 Desmond Joseph Alfred Edwards
me Henry Edwards Byron D. Allerton
- Maxwell Humphreys Francis Alexis Francis
Veronica Daniel, Clarence
Johnson, Richard Shervington,
Ellenora Scotland, Alberta
Wallace, Ernest Lashley,
Hillerine Pereira, Neville
Foster Eustace Lawson Matthew
Bridges
INCOME TAX APPEALS.
Date. — Appellant. ' Respondent.
15/2/54 Stanley R. Walter The Commissioners of Income Tax
a Geo. W. Bennett Bryson & Co. Ltd. a
* Leonard Maguire a
Dated the 22nd day of January, 1954.
A. R. MEADE,
Acting Registrar of the Supreme Court.
18 THE LEEWARD ISLANDS GAZETTE, [28 January, 1954. -
IN THE COURT OF SUMMARY JURISDICTION OF THE LEEWARD ISLANDS
ANTIGUA CIRCUIT.
A.D. 1954.
Notice is hereby given that the Honourable Puisne Judge has appointed the undermentioned dates for sitting of
the @ourt at which the following causes will be heard.
The hour at which the Court will sit will be at 9.30 a.m. o'clock in the forenoon in each case:—
Date. Plaintiff. Defendant.
22/2/54 Marietta Walter Reginald Gonsalves
< Relton Haghes Ernest Athill
ue Hivelyn George Norris Hunt
a William Lewis Harold Hairall
2 Cecil F. Peters Arnold Martin
a tachael Walker Anthony Brown
if Willian Lewis Binton & Maud Hairall
5 Charles Joseph Emanuel Joseph
25/2/54 Tris Colbourne Blisha Spencer
ws George Herbert Walter Joseph Gillan
i Novel Burke James Harrigan
es Alberta Johnson Raymond Lloyd
fr Alford Henry Robert Joseph
ss Rachael Spencer Papa Burnes & Harold Weekes.
Dated the 22ud day of January, 1954.
A. R. MEADE,
Acting Registrar of the Supreme Court.
a ES TY
Colony of the Leeward Islands.
ANTIGUA CIRCUIT.
Title by Registration Act.
Ree@isver or Tir.es. Antigua O1Rculr.
SCHEDULE OF APPLICATIONS
For Certificates of Title and Notings thereon and Caveats for the week ending the 9th day of
January, 1954.
Ce a ———___—-— -— — a a — = —
a - facets an Saieere eee
Date of request. | Person presenting. | Nature of request whether for Certificate of Title
| | or noting thereon or Caveat.
|
i)
|
bth day of Janu-: Joseph Augustus Davis of | Certificate of Title for ALL THAT piece or parcel of
ary, 1954. Rodney Street, Ovals in| land situate at Falmouth in the Parish of Saint Paul
the City of Saint John in in the Island of Antigua comprising an Area of 1-44
the Island of Antigua by Acres, all as the same are delineated and set forth
bis Solicitor, John Rowan on the plan of the said land dated the 15th day of
Henry of Chambers, April, 1950 and made by Ernest Alexander
Church Street in the City Govia, Licensed Surveyor.
of Saint John in the Is- |
land of Antigua.
Anyone who objects to the issue of the Certificate of Title as applied for must within twenty-
one (21) days from the first publication of this notice enter a Caveat at the Office of the Registrar of
Titles for the Antigua Circuit.
A. R. Mrapg,
Acting Registrar of Titles.
ANTIGUA.
Printed ab the Government Printing Office, Leeward Islands, by E, M. BhacKman, ED,
Government Printer.—Ky Authority.
1954,
(Price 75 cenis.}
LEEWARD
ISLANDS..
No. ‘1 of 1954:
An Act to repeal the Infants Protection Act.
BE [If ENACTED by the Governor and
General Legislative Council of the Leeward ds
- as Follows:— Me. ot
1. This Act may be cited as the Infants
Protection (Repeal) Act, 1954.
2. The Infants Protection Act is hereby
repealed. , Short title.
=
Repeal of
Cap. 59.
*
K. W. Bracksurng,
President.
Passed the General Legislative Council this
7th day of January, 1954.
A. E. Penny,
Clerk of the Council.
Ss
ANTIQUA.
Printed at the Govurament Printing Office, Leeward Islands,
+ by E. M Buacksan, E.D., Government Printer.—By Authority,
: \ 1954.
47/00269—475 —1.54. [Price 3 oents.]
Nee ie
SPAR VAT2 = 4
Ve ee PIL
2
No. 2 of 1954. Leeward Islands SOinlarehaw LEEWARD
(Amendment) ISLANDS.
[L.S.].
I Assent,
- Kk. W. BLACKBURNE,
Governor.
20th January, 1954.
LEEWARD ISLANDS.
No. 2 of 1954.
An Act to amend the Leeward Islands Scholarship
Act, 1937.
BE IT ENACTED by the Governor and
General Legislative Council of the Leeward Islands
us follows: —
1. This Act. may be cited as the Leeward short title.
Islands Scholarship (Amendment) Act, 1954, and
shall be read as one with the Leeward Islands 6/1987.
Scholarship Act, 1937, hereinafter called the
Principal Act.
2. The proviso to subsection (1) of section 4 Amendment
of section 4 of
‘of the Principal Act is hereby amended by the ff! Prineipal
substitution of the words “General Legislative Act.
Council†for the words “ General Legislature†and
by the deletion of the words “by resolution â€
appearing therein.
K. W. Bracksurne,
President.
“Passed the General Legislative Council this
7th day of January, 1954.
A. E. Penn,
Clerk of the Council.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by EB. Mf. BLackMan, E.D., Government Printer—By Authority.
195
47/00270_— 475—1.94. esi [Price 3 cenés.]
No. 80f 1954. Larceny (lmendment). LEEWARD
“S.A
T Assent,
K. W. Biackpurne,
Governor.
20th January, 1954.
LEEWARD ISLANDS.
No. 3 of 1954.
An Act to amend the Larceny Act, 1944.
BE I'l’ ENACTED by the Governor and
General Legislative Council of the Leeward as
follows:—
1. This Act may be cited as the Larceny
(Amendment) Act, 1954, and shall be read as
one with the Larceny Act, 1944, hereinafter
called the Principal Act. -
2. Section 5 of the Principal Act is hereby
amended by the renumbering of subsection (2)
thereof as sithsection (3) and by the insertion of
the following subsection as subsection (2):—
‘©(2} Where any person is charged with
an offence under subsection (1) of this sec-
tion, such charge may be heard, tried and
determined summarily by a Magistrate and
on conviction for any such offence the Mag-
_ istrate may sentence the person charged to
a fine not exceeding one hundred and
twenty dollars or to imprisonment with hard
labour for any term not exceeding six
months, and upon a subsequent conviction.
on a similar charge, to a fine not exceed-
ing two hundred and forty dollars or to
imprisonment with hard labour for any term
not exceeding twelve months.â€.
3. The following section is hereby substi-
tuted for section 12 of the Principal Act—
IsLanps,
Short title.
24/1944.
Amendment
of section 5 of
the Principal
Act
Substitution
of section 12
of the Princi-
pal Aot.
Lerwarp 2 Larceny (Amendment). No.3 of 1954.
IsLANDs.
“ Pradial “612. (1). Every person who steals, or,
larceny. with intent to steal, cuts, breaks, roots up,
or otherwise destroys or damages, the whole
or any part of any tree, sapling, shrub,
underwood, plant, root, fruit or vegetable
production growing in any place whatsoever
shall be guilty of felony, and on conviction
thereof liable to be punished as in the case
of simple larceny.
(2) Where any person ‘is charged with
an offence under subsection (1) of this sec-
tion, such charge may be heard, tried and
determined summarily by a. Magistrate and
on conviction for any such offence the
Magistrate may sentence the person charged
to a fine not exceeding one hundred and
twenty dollars or to imprisonment with hard
labour for any term not exceeding six
months, and upon a subsequent conviction
on a similar charge, to a fine not exceed-
ing two hundred and forty dollars or
to imprisonment with hard labour for any
term not exceeding twelve months.â€.
Kk. W. BLackBurne
2:
President,
Passed the General Legislative Council this
7th day of January, 1954.
A. E. Penn,
Clerk of the Council.
ANTIGUA. ° .
Printed at the Government Printing Office, Leeward Ialands. .
hy E. M. BLackmay,, E.D.. Government Printer.—By- Authority,
es : - 1954, ,
47/00015—475—1.54, 2 [Price 4 cents.]
No. 4 of 1954. Interpretation of Laws LEEWARD
(Amendment) ISLANDS.
[L.S.]
I ASSENT, .
K. W. Bracksurne,
Governor. _
20th January, 1954.
LEEWARD ISLANDS.
No. 4 of 1954.
An Act to amend further the Interpretation of
Laws Act.
BE IT ENACTED by the -Governor and
General Legislative Council of the Leeward Islands
as follows:—
1. This Act may be cited as the Interpreta- short title.
tion of Laws (Amendment) Act, 1954, and
shall be read as one with the Inter pretation of Cap. 103,
Laws Act, as amended, hereinafter called the
Principal ‘Act.
2. Section 2 of the Principal Act is hereby Repeal of sec-
tion 2 of the
repealed. Principal Act.
8. Section 16 of the Poacee Act is hereby Amendmentot
section 16 of
amended as follows:— ; the Principal
(a) by the insertion of the following ae
definition immediately before the definition of
the expression “ Chief Registrar†—
‘“ Act†shall include private Act
and any regulation, rule, by- ©
law, proclamaticn, order In
council, or order made under
the authority of any Act’; and
(2) by the substitution of the words
“Local Act and Act of the Imperial Parlia-
LEEWARD 9
ISLANDS.
Amendment of
section 23 of
the Principal
Act.
Substitution
of section 25
Interpretation of Laws No. 4, of 1954
(Amendment)
mentâ€â€™ for the words “ Presidential Ordinance
or Imperial Statute� appearing in the defini-
‘tion of the expression “ lawâ€â€™.
4. Section 23 of the Principal Act is hereby
amended as follows:—
(a) by the deletion of the word “andâ€
appearing at the end of paragraph (c); and
(6) by the substitution of a semi-colon
for the full stop appearing at the end of
‘paragraph (d), and the addition thereafter of
the following paragraphs:—
‘
““(e) where any Act confers
power on any authority to make any
regulation, rule, by-law or order for
any general purpose, and also for - .
any special purposes incidental
thereto, the enumeration of the
special purposes shall not be deemed
to derogate from the generality of
the powers conferred with reference
to the general purpose;
(7) where any such instrument
purports to be made or issued under —
any particular provision, then it shall
be deemed also to be made under all
other powers thereunto enabling;
and. -
(y) any reference in any regu-
lation, rule, by-law or order to “ the
Act†shall be read and construed.as
a reference to the Act conferring the
power to make or issue such regula-
tion, rule, by-law or order.â€
5. The following section is hereby substitu-
Sf the Prine ted for section 25 of the Principal Act:—
pal Act.
“Change in_
title of publio
office.
25. (1). When the Governor considers
it necessary to change the title of any public
office, he shall cause a notice to that effect to
be published in the (azette and, if practica-
ble, in at least one of the newspapers, if any,
circulating in each of the Presidencies concerned
~ No, 4 of 1954. Interpretation of Laws ° 8 LEEWARD |
(Amendment) ISLANDS.
setting out the former title and the substituted
title or titles of such office, and declaring that’
such change of title shall take effect, or shall be
deemed to have taken effect, from a date speci-
fied in such notice, and with effect from
such date—
(a) where the change in title con-
sists in the substitution of a single title
for the former title, the substituted title
shall replace the former title wherever the
former title appears in any Act or in any
‘ deed or other instrument made or issued
pursuant to or consequent upon any such
Act; and .
(6) where the change in title. con-
sists in the substitution of two or more
titles for the former title, the former
title shall be replaced, in the provisions
of any such Act, deed or other instrument
-as may be specified in such notice, by
such substituted title as may be specified
in such notice.
(2) A notice under subsection (1) of this,
section may be stated to take effect either in
the Colony or in any Presidency specified
therein and thereupon such change shall take
effect accordingly.â€
6. The Principal Act is hereby amended by Addition of
the addition thereto, immediately after section 26, tiie bance
of the following sections: — pal Act.
“27. When a substantive holder of any Appointment |
office constituted by or under any Act is on office during
leave of absence pending relinquishment of his (*e eee ie
office, it shall be lawful for another person to retirement of
be appointed substantively to the same office, Substantive
28. Where by or under any Act .the Appointment
Governor or any. public officer or body is fame or office.
empowered tO appoint or name a person to
_ have and exercise any powers or perform any
Me duties the Governor or such public officer or
body may either appoint a person by name or
direct the person for the time being holding
the office designated by the Governor or by }
such public officer or body torhave and exercise
\
LEEWARD
ISLANDS,
Power to
appoint in-
cludes power
to remove etc,
Power of Gov-
ernor to pro-
vide for execu-
tion of duties
of public offi-
cers during
temporary
absence or
inability.
4
Interpretation of Laws No. 4 of 1954.
(Amendment)
such powers and perform such duties; and
thereupon or from the date specified by the
Governor or by such public officer or body,
the person appointed by name or the person
for the time being holding the office aforesaid
shall have and may exercise such powers and
perform such duties accordingly. ~
29. Where any Act confers upon any
person or authority power to make ‘appoint-
ments to any office or place the power shall be
construed as including the power to remove or
suspend any person appointed, and to re-
appoint or reinstate him, and to appoint
another person temporarily in the place of any
person so removed or suspended or in place of
any holder of the office or place who has died
or is ill or absent, and to appoint another
person temporarily to fill any vacancy in the
office or place arising from any other cause:
Provided that where the power of the
person or authority to make any such appoint-
ment ts Only exerciseable upon the recommen-
dation or subject to the approval, consent or
concurrence of some other person or authority
the power of removal shall, unless the contrary
intention appears, only be exerciseable upon
the recommendation or subject to the approval,
consent or concurrence of that other person or
authority.
30. Where by or under any Act any
powers are conferred or any duties are imposed
upon a public officer, the Governor may direct
that, if during any period owing to absence or
inability to act from illness or any other
cause such public officer shall be unable to
exercise the powers or perform the duties of
his office in any place under his jurisdiction
or control, such powers shall be had and may
be exercised and such duties shall be performed
in such place by the person named by or by
the public officer holding the office designated
by the Governor; and thereupon such person
or public officer, during any period as aforesaid —
o
_ No. 4 of 1954. Interpretation of Laws 5
(Amendment)
shall have and may exercise the powers and
shall perform the duties aforesaid, subject to
such conditions, exceptions, and qualifications
as the Governor may direct.
31. Where by or under any Act power
is given to the Governor to appoint any
persons to be members of any board, commis:
sion, committee or similar body it shall be
lawful for the Governor, in the absence of any
provision to the contrary, to so appoint, by
his official designation, any public officer, and,
on such appointment and until such appoint-
ment shall be cancelled or otherwise determined,
the person for the time being filling the office
in question, shall be a member of such board,
commission, committee or similar body.
(2) Where by or under any Act power
is given to the Governor to appoint any
board, commission, committee or similar body, .
it shall be lawful for the Governor, in the
absence of any provision to the contrary, to
appoint a chairman of such board, commission,
committee or similar body.
_ 82. Where by or under any Act any
board, commission, committee or similar body,
whether corporate or unincorporate, is estab-
lished, then, unless the contrary intention
appears, the powers of such board, commis-
sion, committee or similar body shall not be
affected by —
(a) any vacancy in the membership
thereof ;
(6) the fact that it is afterwards
discovered that there was some defect in
the appointment or qualification of a per-
son purporting to be a» member thereof;
or
fc) the fact that there was any-
~ minor irregularity in the convening of
any meeting thereof.
LEEW ARD
ISLANDS.
Power to the
Governor to
appoint public
officers as such
to serve on
boards, etc..
and to appoint
chairman.
Powers of a
board, etc., not
affected by
vacancy, ete.
“LEEWARD 6 Interpretation of Laws No. 4 of 1954.
ISLANDS. (Amendment)
Barer oem: 33. Save as is. otherwise expressly
a ore °
Lhaney Orne provided by any Act, whenever any act or. |
sons. thing is required to be done by more than two
persons, a majority of them may do it.
Imperial Acts 34. Whenever any Act of the Impe-
Le re rial Parliament is extended to the Colony
modifications. such Act shall be read with such formal
alterations as to names, localities, courts,
officers, persons, moneys, penalties and other-
wise as may be necessary to make the same
applicable to the circumstances.â€
K,. W. Brackporne,
: President.
Passed the General Legislative Council this
Vth day of January, 1954.
A. E. Penn,
Clerk of the Council. -
ANTIGUA.
Printed ‘at the Government Printing Office, Leeward Islands,
by E. M. Brackmay, E.D., Government Printer—By Authority.
1954.
47/00202—475—1.54. ° Price 8 cents.
No. 5 of 1954. Immigration and Passport
(Amendment).
{L.8. }
[ Assent,
K. W. BLacksurne,
Governor.
20th January, 1954.
LEEWARD ISLANDS:
No. d of 1954.
An Act to amend further the Immigration and
_ Paasport Act, 1945.
BE IT’ ENACTED by the Governor and
General Legisiative Council of the Leeward Islands
as follows:—
1. This Act may be cited as the Immi-
gration and Passport (Amendment) Act, 1954,
and shall be read as one with the Immigra-
tion and Passport Act, 1945, as amended, herein-
after called the Principal Act.
“2. Section 29 of the Principal Act is hereby
amended as follows:—- :
(a) by the substitution of the words
“Photographs and finger-prints may be
taken’ for the words “ Finger-prints may be
taken’ in the marginal note thereto; and
(6) by the insertion of the words “ photo-
graph andâ€â€™.between the word ‘‘his†and the
word “ finger-prints†in line 3 thereof.
8. Section 32 of the Principal Act is hereby
amended as follows:—
' (a) ‘by the subsitution of a semi-colon for
the full-stop at the end of paragraph (7); and
(b) by the addition of the following para-
graph lettered *‘ (k) °—
““(k) penalties for the breach of
LEEWARD
JsLANDS
Short title. |
7/1945,
13/1953.
Amendment of
section 29 of
the Principal
Act.
Amendment of
section 32 of
the Principal
Act
any regulation made under thie Act.â€.
Leeward 2 Immigratién and Passport No.5 of 1964.
IsLanps. (Amendment).
pene mentor 4. Subsection (6) of section 33 of the Princi-
the Principal pal Act is hereby amended by the deletion of the
Act. words “ Governor in Council, or the Governor,†and
the substitution therefor of the words “ Governor,
or the Governor in Council,†and by deletion of the
words “ paragraphs (7) and (g) of section 5†and
the substitution therefor of the words “ paragraph
(/) of section 5 and subsection (1) of section 5Aâ€.
Amendment of 5. Subsection (2) of section 34 of the Princi-
section 34 of
the Principal pal Act is hereby amended as follows:—
Act. \ ‘
(a) by the deletion of the semi-colon and
the word “or†at the end .of paragraph (d)
thereof and the substitution of a comma there-
for; and ;
(6) by the deletion of paragraph (e)
thereof.
K. W. Bracksurng,
President.
Passed the General Legislative Council this
7th day of January, 1954.
A. EK. Prny,
Clerk of the Council.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buacxman, E.D., Government Printer.—By Authority.
1954,
47/00129—475—1.54. Price 4 centa
No. 6 of 1954. Proedial Larceny (Prevention) Lrewarb
[L. $] ISLANDS.
I Assent,
K. W. Buacxsurng,
_ Governor.
20th ‘January, 1954.
LEEWARD ISLANDS. -
No. 6 of 1954.
An Act to make better provision for the preven-
tion of predial larceny.
BE IT ENACTED by the Governor and
General Legislative Council of the Leeward Islands
as follows:—
1. This Act may be cited as the Pradial short title.
Larceny (Prevention) Act, 1954,
PART I,
PRELIMINARY.
2. In this Act, unless the context otherwise Interpreta-
requires— . oD:
‘“‘appointing authority ’’ means any appoint-
ing authority constituted under section 4;
‘authorised person †means any. person nomi-
uated and appointed under section 14 to
arrest Suspected persons; ;
“cattle†includes horses, asses, mules, kine,
sheep, goats, deer and swine, as well as
all horned cattle; \
“Community Committee†means any Com-
munity Committee constituted under
section 5;
“declared area’? means any area in a Presi-
dency ies under section 3 to bea
declared area;
“Division†means a police division of theâ€
Colony as provided in section 8 of the
Police Act, 1951; 12/1951
Leewarp 2 Predial Larceny (Prevention) No. 6 of 1954.
ISLANDS. a ee eee
Governor in Council ’’ means the Governor
in Council of the Presidency concerned;
“ night â€â€ means the interval between sunset
on any day and sunrise on the next
succeeding day;
“ preedial larceny ’? means—
24/1944. (a) the felony created by section 12
of the Larceny Act, 1944 as ainended by
the Larceny (Amendment) Act, 1954, or
(6) the felony created by section 5
of the Larceny Act, 1944;
‘* predial produce� means—
(a) any tree, plant, root, fruit,
vegetable or other agricultural production
growing in or upon any land which is
used or is capable of being used, whether
after treatment or otherwise, as food, or
as an ingredient in food, for man, or
cultivated grass for beast, or
(4) any cattle or the carcase, skin
or any part of any cattle;
“section ’’ means section of this Act;
“suspected person†means any person who
has or has had in his possession or under
his control in any place any predial pro-
duce in such circumstances. as shall rea-
sonably cause any police officer or
authorised person ‘to suspect that such
produce has been stolen or unlawfully
obtained.
Declared — 8. (1) The Governor in Council, whenever
eee he is satisfied that the public interest so requires,
may by order declare any area in a Presidency to
be a declared area for the purposes of this Act, and
upon the publication of such order in the. Gazette
. the provisions of Part II of this Act shall become
No. 6 of 1954. Predial Larceny ( Prevention) 3
and remain in force in such declared area during
the continuance in force of such order.
(2) The Governor in Council, upon being
satisfied that it is in the public interest so to do,
may at any time by order revoke an order made
under subsection (1) of this section, and upon the
publication of an order revoking any such order
the declared area to which that order relates shall
“cease to be a declared area and the provisions of
Part IT of this Act shall cease to apply thereto.
(3) An order made under this section shall
not be invalid for the reason only that any part of
the declared area to which it relates is situated in
any other declared area, but in the exercise of his
powers under subsection (1) of this section the
Governor in Council shall take reasonable care to
e..sure that no part of any declared area is situated
in any other declared area.
PART II.
PROVISIONS RELATING TO DECLARED AREAS.
4. (1) There shall be constituted in respect
of one or more declared areas an appointing
authority which shall be composed of such person
or persons, not exceeding three in number, as
may be thereunto appointed by the Governor
in Council who shall, when the - appointing
authority consists of more than one person, also
appoint one of such persons to be the chairman of
the appointing authority.
(2) It shall be the duty of the appointing
authority, in accordance with the provisions of
section 5, to appoint the members of the Commu-
nity Committee in any declared area in respect of
which the appointing authority has been appointed.
5. (1) There shall be constituted in each
declared area a committee to be known as the
- Community Committee, which shall consist of
such number of persons, being not less than six
nor more than eleven, as may be appointed thereto
in accordance with the provisions of this section, ©
LEEWARD
IsLANDS.
Appointing
authorities.
Constitution
of Community
Committees.
Lerwarp 4 Predial Laresny(Prevention) No. 6 of 1954.
IsLanps.
(2) An appointing authority shall appoint as
members of a Community Committee any person
who—
(a) has attained the age of twenty-one
years;
(6) is actively engaged in agriculture
or in the rearing of cattle in the declared area
or is resident therein; and
~(c) has expressed his willingness to .
serve asa member of the Community Com-
mittee for the declared area.
(3) An appointing authority may at any time
remove from office any member of a Community
Committee appointed by such appointing authority.
(4) Any member of a Community Committee
may at any time resign his office by instrument
in writing addressed to the appoiuting authority
by which he was appointed. :
Appointment 6. (1) Upon the appointment of the members
of Chairman of a Community Committee the appointing autho-
of Community ~. it i
Committee, rity shall call upon the members of the Committee
to meet at some convenient place within the
declared area to be stated by them on a date to be
so stated for the purpose of electing a chairman of
the Community Committee, and such members
shall meet at the place and on the date so stated.
- (2) The appointing authority, or, where the
authority consists of more than one person; the
chairman of the appointing authority, shall preside
at such meeting «nd any member of the Commu-
nity Committee present may propose any other
member present and willing to serve to be the ©
chairman of the Committee and if no other such
member be proposed, the member proposed shall
be the chairman. If any other member or mem-
-bers present and willing to serve be proposed the
members of the ;Committee shall proceed to
decide by vote’ the question whether the member
first proposed shall be the chairman, and if the
question is decided in the negative they shall
proceed in like manner to decide the question in
No. 6 of 1954. Preedial Larceny Raa. 5 amas
IsLanps.
respect of the other member or members proposed ;
in the order in which they were proposed until
a chairman has been elected.
(3) The appointing authority or chairman of
' the appointing authority presiding at such meeting
shall not vote in the first instance but in the case
of an equality of votes shall have and exercise
a casting vote.
7. (1) The quorum of each Community Quorum and
Committee shall be five. ite of
ommunity
Committees,
(2) The validity of any proceeding of a
Community Committee under this Act shall not
be affected by any vacancy amongst the members
thereof or by any defect in the appointment thereof.
(3) Subject to the provisions of such regula
tions as may be made by the Governor in Council
under section 25 each Community Committee shall
regulate the conduct and management of proceed-
ings before them and the hours and times and
places for their sittings in such manner as they
may from time to time think fit.
(4) A Community Committee may, in their
discretion, refuse to allow the public or any portion
of the public to be present at any proceedings of
the Committee.
8. (1) It shall be the duty of the Com- Functions of
munity Committee in each declared area to assist Ces
in securing by all lawful means the prevention and
suppression of preedial larceny in such area and
the detection and apprehension of predial thieves,
and for the accomplishment of such purposes to
organise and.carry out such activities and to
institute such precautions and make such in veces
tions as they may deem necessary.
(2) In particular, but without prejudice to
the generality of the foregoing, such Committee
shall have power—
(a) to take such lawful steps as may be
necessary to stimulate public opinion, and
organise community action against preedial
larceny ;
Leeward 6 Predial Larceny (Prevention) No. 6 of 1954.
IsLANDs.
(6) to pay remuneration to, and exercise
control over authorised persons appointed
under the provisions of section 14 in each
declared area;
(c) to employ persons for patrolling or
for guarding property in such declared area
and for serving summonses to witnesses when-
ever they shall consider it expedient to do so;
(d) to offer and pay rewards for informa-
tion leading to the detection and conviction
of any person guilty of pradial larceny or of
receiving stolen predial produce or of being
an accessory whether before or after the fact
to the commission of preedial larceny.
recaiee 9. The funds of each Community
Committee Committee—
(a) shall comprise of such sums as may
be allocated to it from any vote or contribu-
tion from the general revenue of a Presidency ;
and
(b) shall be applied to the carrying out
of all or any of their powers, functions and
responsibilities under this Act.
Bower of, 10. (1) In the discharge of their functions
Committee to under this Act a Community Committee shall have
examine per- power to summon and examine on oath any person
sa whom the Committee may reasonably suspect—
(a) to have committed or to be about to
commit predial larceny; or
(b) to have received or to be about to
receive stolen preedial produce; or
c) to be an accessory whether before or
after the fact to the commission of predial
larceny ; or - :
(d@) to have conveyed away or to be
about to convey away stolen predial produce;
or
(¢) to be in possession of knowledge the ©
disclosure of which would assist in the
suppression of preedial larceny.
No. 6 of 1954, Preedial Larceny (Prevention) 7
a
(2) A Community Committee shall have the
powers of a Judge of the Supreme Court to
summon and examine witnesses for the purposes
of subsection (1) of this section and no member.
of a Community Committee shall be liable to any
action or suit for any matter or thing done by
him as euch member.
(3) Every summons for the attendance of
witnesses or other persons shall be signed by the
chairman of the Community Committee.
(4) Any witness who shall wilfully give false
evidence in any proceedings before a Community
- Committee shall be guilty of perjury, und be liable
to be prosecuted and punished accordingly.
(5) All persons summoned to attend and
give evidence before a Community Committee
shall be bound to obey the summons rerved upon
LErEwarD
ISLANDS.
them as fully, in all respects, as witnesses are _
bound to obey subpwnas issued from the Supreme
Court.
(6) Every person. refusing, or omitting
without sufficient cause, to attend at the time and
place meutioned in the summons served on him,
and every person attending but leaving the pro-
ceedings without the permission of the Community
Committee, or refusing to answer, or to auswer
fully and satisfactorily to the best of his knowledge
and belief, all questions put to him by or with the
concurrence of the Community Committee, and
every person who shall at any sitting of a Com-
munity Committee wilfully insult any member of
such Committee or wilfully interrupt the proceed-
ings of such Committee, shall on summary convic-
tion thereof be liable to a fine not exceeding two
hundred and fifty dollars.
11. It shall be the duty of the police officers
to attend at proceedings before a Community
Committee to preserve order during such proceed-
‘ings and to perform such other duties as usually
pertain to their office when in attendance upon the
Supreme Court, and to serve summons on
_ witnesses, and to perform such ministerial duties
as the Community Committee shall direct,
J -
Police to
attend at
proceedings
before Com-
munity Com-
nittee.
LEEWwarRD
IsLANDS.
Duty of Com-
munity Com-
mittee to in-
form police of
prima facie
evidence of
commission of
offence,
>
Powers and
privileges of
" persons em-
ployed to
patrol, etc.
8 Preedial Larceny (Prevention) No. 6 of 1954.
12. Where from the examination of any
person under the provisions of section 10 it
appears toa Community Committee that there is
prima facie evidence of the commission of an
offence they shall make or cause to be made
accordingly a report, either oral or written, to the
police officer in charge of the nearest police station.
In such report there shall be specified—
(a) the name, address or other sufficient
description of the person shown by such
evidence to be the offender;
(6) the name, address or other sufficient
description of every person whom the Com-
mittee are satisfied is in possession of informa-
tion relating to the matter together: with a
summary of such information; and
(c) any other information in the posses-
sion of the Committee relating thereto.
13. (1) Subject to the provisions of subsec-
tion (2) of this section a person employed by a
Community Committee for patrolling or for
guarding property in a declared area in relation to
which such Committee has been established, shall,
' during the course of such employment, have and
exercise all the powers of a police officer; and,
subject to the provisions contained in any law
relating to firearms in the Presidency concerned,
it shall be lawful for a person so employed to be
in possession of a shotgun whilst he is actually
patrolling or guarding property in the course of
his employment or is proceeding to or from the
place where he is required to patrol or guard,
(2) The provisions of subsection (1) of this
section shall nut apply to any person employed by
a Community Committee for patrolling or guard-
ing property unless— o :
(a) the name of such person has been
submitted to the police officer in charge of the
Division in which the declared area is situate,
before such person has been so employed; and
_ (8) such police officer has notified the
chairman of the Community Committee that
No. 6 of 1954. Praedial Larceny (Prevention) 9 LrEWaRD
f IsLANDS.
he is satisfied that such person isa fit and ©
proper person to have and exercise the powers
and privileges referred to in this section,
PART III.
PROVISIONS RELATING TO THE PREVENTION OF
PrapiaL Larceny.
14. (1) A Community Committee may authorised
nominate any person to the police officer in charge Perss..
of a Division in the Presidency concerned to be an
authorised person.
(2) It shall be lawful for such police officer,
on the nomination of any person as provided in
subsection (1) of this'section, and with the sanction
. of the Administrator or Commissioner of the Presi-
dency concerned, as the case may be, to appoint
the person so nominated to be a person authorised
to arrest and deal with suspected persons in
accordance with the provisions of section 16.
(3) Such police officer may at any time revoke
any appointment made under subsection (2) of
_ this section.
(4) Every appointment or revocation of an
appointment under this section shall be published
in the Gazette.
(5) A Community Committee shall have
power to pay remuneration to and exercise control
over authorised persons within the declared area
in respect of which such Committee has been
appointed.
15. Whenever a police officer or authorised Power to
person has reasonable cause to believe that any ears
person has in his possession or under his control duce.
any preedial produce which the police officer or
authorised person has reasonable cause to ieee ees
has been stolen or unlawfully obtained sich police
officer or authorised person may require such
person to disclose and permit such police officer
or authorised person to inspect the contents of any
sack, basket, bundle, package, vehicle or other |
“receptacle in possession or under the control of
such person and if any person refuses or neglects ‘
to disclose and permit the police officer or authorised /
Lrewarp
IsLANDs.
Arrest and
trial of sns-
pected per-
sons,
12/1951.
10 Previal Larceny (Prevention) No. 6 of 1954,
person to inspect such contents he shall be guilty
of an offence against this Act and shall on summary
conviction thereof be liable to a fine not exceed-
ing one hundrea and twenty dollars or to impris-
onment with or without hard latour for any term
not exceeding three months.
16. (1) Any police officer or authorised
person may arrest a suspected person without a
warrant.
(2) As soon as possible after the arrest of a
suspected person, the police officer or authorised
person making the arrest shall bring the suspected —
person, together with any predial produce found
in his possession or under his control which is
reasonably suspected to have been stolen or unlaw-
fully obtained, to a police station.
(8) The provisions of sections 22, 23 and 25
of the Police Act, 1951 shall apply in relation to
any arrest under this section by an authorised
person as it applies to any such arrest by a police
officer.
(4) If the suspected person does not give an
account to the satisfaction of the Magistrate
by what lawful means he came by such pradial
produce, he shall be guilty of an offence against —
this Act and shall on summary conviction thereof
be liable to a fine not exceeding two hundred
_and forty dollars or to imprisonment with or
without hard labour for any term not exceeding
six months, and upon a subsequent conviction on
a similar charge, to imprisonment with or without
hard labour for any term not exceeding twelve
months.
(5) Ie any suspected person escapes from
any police officer or authorised person attempting
to arrest him, or lets fall or throws away any
preedial produce reasonably suspected to have been
stolen or unlawfully obtained it shall be lawful
for any Magistrate or Justice of the Peace, upon
application, to issue his warrant for the arrest of
that person, and upon his arrest that person shall
be deemed to have been arrested within the mean-
ing of subsection (1) of this section and may be
No. 6 of 1954. Predial Larceny (Prevention) 11
deals with in the manner laid down in subsections
(2), (3) and (4) of this section.
17. (1) If information is given on oath to
any Magistrate or Justice of the Peace that there
is reasonable cause for suspecting that any preedial
produce stolen or unlawfully obtained is concealed
or lodged in any house, store, yard or other place,
or on land (whether enclosed or not) or in any
vessel, such Magistrate or Justice of the Peace
may, by warrant under his hand directed to any
police officer, cause the louse, store, yard, place,
land or vessel to be entered and searched at any
time of the day or, if the warrant so authorises,
by night.
(2) The Magistrate or Justice of the Peace
issuing a warrant: under subsection (1) of this
section may, by such warrant, if it shall appear
necessary to him, give authority to the’ police
officer, with such assistance as may be found
necessary, to use force for the purpose of effecting
an entry, whetber by breaking open doors or other-
wise, but before using such force for the purpose
aforesaid the police officer shall make known his
authority.
(3) If upon search made in accordance with
the provisions ef subsections (1) and (2) of this
section, ahy predial produce which the police
"officer has reasonable cause to suspect to have been
stolen or unlawfully obtained is found, the police
officer shall arrest and bring before a Magistrate as
soon as may be practicable alter such arrest-—
(a) the person in whose house, store,
yard, place or vessel or on whose land such
predial produce is found; and
(b) any other person found in such
house, store, yard, place or vessel or on such
land, :
if the police officer has reasonable cause to suspect
that such:person placed or was privy to the placing
of such preedial produce in such house, store, yard,
place or vessel or on such land, knowing or having |
reasonable cause to suspect the same to have been
stolen or unlawfully obtained.
LEEWARD
ISLANDS.
Search war-
rant,
Lrewarp
IsLaNnDs.
Power to
board vessel,
etc,
Trial of per-
sons brought
before Magis-
trate under
sections 17
and 18,
~
12 Predial Larceny (Prevention) No. 6 of 1954
(4) lf a police officer fails or is for any reason
whatsoever unable to arrest any person mentioned
in paragraphs (a) and (b) of subsection (3) of
this section, a Magistrate or Justice of the Peace
may issue a warrant for the arrest of sucli person,
or a Magistrate may issue a summons requiring
such person to appear before the District
Magistrate at a time and place to be mentioned
in the summons,
18. (1) Any police officer may go on board
any vessel in any harbour, bay or roadstead and
remain on board the vessel for such reasonable
time as he deems expedient. If he has reasonable
grounds to suspect that there is on board the
vessel any predial produce stolen or unlawfully
obtained, he may search, with any assistants, any
and every part of the vessel, and, after demand and
refusal of the keys break open any receptacle.
Upon discovery of any predial produce which he
may reasonably suspect to have been stolen or
unlawfully obtained, the police officer may tike’
such produce and the person in whose possession
it is found before a Magistrate.
(2) A police officer may pursue and detain
any person in the act of conveying away from any
vessel ‘any praedial produce which such police
officer may reasonably suspect to have been stolen
or unlawfully obtained, whether that person has
landed or not, together with any pradial produce
so conveyed away or found in his possession.
19. A Magistrate may call upon any person
brought or appearing before him under the provi-
sions of section 17 or section 18 to give an account
to the satisfaction of such Magistrate—
(a) by what lawful means any predial
produce reasonably suspected to have been
stolen or unlawfully obtained came to be in
the house, store, yard, place or vessel or on
the land where such produce was found; or
(6) that he was not privy to the placing
of such priedial produce in such house, store,
yard, place or vessel or on such land, knowing
No. 6 of 1954, Predial Larceny (Prevention) 18
or having reasonable cause to suspect the same
to have been stolen or unlawfully obtained,
and any person who fails so to satisfy the Magis-
trate shall be guilty of an offence against this Act
and shall on summary conviction thereof be liable
to a fine not exceeding two hundred and forty
dollars or to imprisonment with or without hard.
labour for any term not exceeding six months, and,
upon a subsequent conviction on a similar charge,
to imprisonment with or without hard labour for
any term uot exceeding twelve months.
20. (1) If any person brought or appearing
before a Magistrate under the provisions of sections
_.16, 17 or 18 declares that he received any preedial
produce reasvnably suspected to have been stolen
_ or unlawfully obtained from some other person, or
that he was employed as a carrier, agent or servant
to convey such produce for some other person, the
‘Magistrate may cause every such other person
through whose possession such produce shall
previously have passed, to be brought before him
either by summons or by warrant, as the Magis-
trate shall in each case deem fit.
(2) Upon any such person as ie in subsection
(1) of this section mentioned being brought before
him, the Magistrate may examine that person on
oath as to whether he has been in possession or
control of the priedial produce reasonably suspected
to have been stolen or unlawfully obtained, and, upon
his admitting such possession or control, or upon it
being proved to the satisfaction of the Magistrate
that that person has been in possession or control
of such preedial produce, the Magistrate may call
_upon that person to give an account to the satisfac-
tion of the Magistrate by what lawful means he
came by such produce, and, if that person fails to
give such account, he shall be guilty of an offence
against this Act and shall, on summary conviction
thereof, be liable to a fine not exceeding two
hundred and forty dollars. or to imprisonment with
or without hard labour for any term not exceeding
six months, and upon a subsequent conviction on a
similar charge, to imprisonment with or without
Lerwarb
ISLANDS.
Tracing pos-
session,
hard labour for any term not exceeding twelve -
months, ae
LEEWARD
. ISLANDS.
Power of
police officer
_and author-
ised person to
summon as-
sistance.
Penalty for
assaulting eto.
police officer,
authorised
persons and
their agsist-
ants,
Power of
Court to
order special
police guper-
vision.
14 Preedial Larceny (Prevention) No. 6 of 1954.
“(8) For the purposes of this section, the
possession of a carrier, agent or servant shall be
deemed to be the possession of the person who
employed the carrier, agent or servant to convey
the praedial produce suspected to have been stolen or
unlawfully obtained.
21. A police officer or authorised person
may call upon any person to aid and assist him in
the execution of his duties under this Act, and if
any person so called upon neglects or refuses with-
,out lawful excuse to aid and assist such police
officer or authorised person he shall be guilty of an
offence against this Act and shall on summary
conviction thereof be liable to a fine not exceeding
one hundred and twenty dollars and in default of
payment thereof to imprisonment for any term not
exceeding three months.
22. If any person shall assault, obstruct,
hinder or resist any police officer or authorised
person in the execution of his duties under this
Act, or, any person acting in aid of such police
officer or authorised person, every such offender
shall be guilty of an offence against this Act and
shall, on summary conviction thereof, be liable to a
fine not exceeding two hundred and forty dollars
or to imprisonment with or without hard labour for
any term not exceeding six months.
23. (1) When any person is convicted of
the felony of predial larceny the Court before
whom such person is convicted may oider him to
be placed under special police supervision for a
period to be epee in such order not exceeding
one year.
(2) An order placing a person under special
police supervision under the provisions of this
section may be made in addition to or in su stitution
for any other punishment to which such person
may be liable, and when such an order is made in
addition to any sentence of imprisonment passed
upon such person, the period during which he
shall be under special police supervision shall
commence immediately after the expiration of such
sentence.
No. 6 of 1954. Preedial Larceny (Prevention) 15
24. (1) A person ordered in accordance
with the provisions of section 23 to be placed under
special police supervision shall, during the period
specified in such order, comply with the following
provisions—
(a) he shall forthwith upon the com-
.mencement of such period notify the police
officer in charge of the police station nearest to
his residence of the house or place in which he
, Tesides; ,
() he shall, when called upon so to do
by the police officer in charge of the police
station nearest to his residence, present himself
at such police station ;
(c) he shall not transfer his residence
without the written authority of the police
officer in charge of such police station;
Lexwarb
IsLaNDs.
Duties of
persons or-
dered to be
placed under
special police
supervision,
(d) -he shall remain within the doors of |
his residence during each night unless excused
from so doing on any particular occasion by
the police officer in charge of the Division in
which he resides.
4
(2) Where such person is authorised in
accordance with the provisions of paragraph (c) of
subsection (1) of this section to transfer his |
residence he shall notify the police officer in charge
of the police station nearest to the place in which he
will reside of the house or place in which he will
reside.
(3) A person ordered in accordance with the
provisions of section 23 to be placed under special
_ police supervision may be visited at his residence by
any police officer from time to time during the
period specified in such order,
** (4) Any person subject to the restrictions
specified in subsection (1) of this section who fails
to comply with the provisions of the said subsection
shall be guilty of an offence against this Act and on
summary conviction thereof shall be liable to a fine
not exceeding two hundred and forty dollars or to
‘imprisonment with or without hard labour for any
term not exceeding six months.
Lerwarp
IsLaNnpDs. —
Regulations,
Repeal,
Commence.
ment,
16 Predial Larceny ( Prevention) No. 6 of 1954.
25. (1) The Governor in Council may make |
Regulations generally for giving effect to the pro-
visions of this Act.
(2) Without prejudice to the generality of the
power conferred by subsection (1) of this section
Regulations may be made under that subsection to
provide for—
(a) the procedure to be followed by a
Community Committee in the exercise of
,their powers under section 10;
(6) the payment of compensation ‘to
authorised persons, and persons employed by a
Community Committee under the powers
conferred by paragraph (c) of subsection (2)
of section 8, for injuries received by such
persons in the execution of their duties, and the
badges or uniforms to be worn by any such
persons.
(3) Regulations made under paragraph (8) of
subsection (2) of this section shall not come into
force until they have been approved by resolution
of the Legislative Council of the Presidency
concerned.
26. The Act specified in the Schedule to
this Act is hereby repealed to the extent specified
in the third column thereof.
27. This Act shall come into operation ona
date to be appointed by the Governor by proclama-
tion in the Gazette.
~K. W. Bracksurne,
President.
Passed the General Legislative Council this
7th day of January, 1954.
A. E. Penvy,
Clerk of the Council.
No, 6 of 1954: Predial Larceny (Prevention) 17 Lxaewarp
IsLaNDs.
SCHEDULE.
No. of Act. Short title. Extent of Repeal.
18/1949 © The Larceny (Protection Sections 2, 3, 4, 5,
oe of Praedial Produce) 6, 7, 8, 9 and 10.
Act, 1949.
ANTIGUA.
Printed at the Government Prjnting Office, Leeward Islands,
by E. M. Buackman, E.D., Goveroment Printer.—By Authority.
54.
47/000138—475—1.54. Price 19 oenis.
No 7 of 1954. Agricwltural Small Holdings
(Amen amen t)
(L.S.]
I AssENrT,
K. W. BrackBurng,
Governor.
20th January, 1954.
LEEWARD ISLANDS.
No. 7 of 1954.
An Act to amend further the Agricultural Small
Holdings Act, 1938.
BE IT ENACTED by the Governor and
General Legislative Council of the Leeward Islands
as follows:—
1. This Act may be cited as the Agricultural
Small Holdings (Amendment): Act, 1954, and
shall be read as one with the Agricultural Small
Holdings Act, 1938, as amended, hereinafter called
the Principal Act.
2. Section 2 of the Principal Act is hereby
amended by the insertion, between the definitions
\
LEEWARD
ISLANDS.
Short title.
12/1938.
11/1939.
Amendment
of section 2 of
the Principal
ct.
of the expressions ‘“‘ Registrar†and ‘“‘ small hold- Act
ingâ€, of the following definition: —
“rules of good husbandry’? means the
application of such measures for the con-
servation of soil, the. maintenance of
fertility, and generally for the preserva-
tion of the capital value of the holding as
are deemed to be a fair and reasonable
standard due regard being paid to the
standards prevailing in the neighbour-
- hood;â€â€™. :
The following section is hereby substitu- .
ted for section 15 of the Principal Act:—
“©15. Where a person is let into posses-
sion of a small holding and the contract of
tenancy in respect of such holding is not in
writing, or, if in writing, has not been regis-
tered, the tenaney shall be deemed to be a
Substitution
of section 15
of the Princi-
pal Act.
Contracts
not m writing
and unregis-
tered con-
tracts.
LEEWARD 2 Agricultural Small Holdings No. 7 of 1954.
ISLANDS.
Substitution
of subsection
(2) of section
20 of the
Principal Act.
- (Amendment)
tenancy from year to year upon the terms and
conditions customary in registered contracts in
the district in which the small holding is situ- ©
ate, and in the absence of any such contracts,
upon the terms and conditions contained in the
form ‘of contract set out in Schedule A to this. |
Act, or as near thereto as circumstances shall .
permit; and in any proceedings the Magistrate
may make such order. as may be just and
reasonable in the circumstances.â€â€™.
4. The following subsection is hereby sub-
stituted for subsection (2) of section 20 of, the
Principal Act:— ~
“©(2) In the case of sugar cane cultiva-
tion, compensation shall be paid for canes
growing upon the holding in the ordinary
course of cultivation. and for subsequent crops
not extending beyond first ratoons and, pro-
vided that the tenant has cultivated and
managed the holding in accordance with the
rules of good husbandry, for subsequent cane
crops not extending beyond the second
ratoons:
Provided that no compensation shall be
payable in respect of any sugar cane planted,
without the consent in writing of the landlord,
after service of a notice to quit.â€.
K. W. BiackBurne,
President.
Passed the General Legislative Council this
7th day of January, 1954.
A..E. Penn,
Clerk of the Counetl.
=
ANTIGUA.,
Printed at the Government. Printing ‘Office. Leeward Islands.
by BE. M. Buacxway, E.D., Government Printer.—By Authority.
1954.
47/00177—475—1.54. (Price 4-cents.}
No. 8 of i954. Medical (Amendment).
[L.8.]
I AssEnT,
-K. W. Buiackpurne,
Governor.
20th January, 1954.
- LEEWARD ISLANDS,
No. 8 of 1954.
%
An Act to amend further the Medical Act, 1987.
BE IT ENACTED by the Governor and
General Legislative Council of the Leeward
Islands as follows:—
1. This Act may be cited as the Medical
(Amendment) Act, 1954, and shall be read as
one with the Vedical Act, 1937, as amended,
hereinafter called the Principal Act.
2. Section 2 of the Principal Act is hereby
amended by the deletion of the definition of the
expression “ Medical Register†appearing therein
LerwarD
IsLANDS.
Short title,
31/1987,
Amendment of
section 2 of
the Principal
Act.
and the substitution therefor of the following:— |
‘© Medical Register†means the Register of
. - medical practitioners, dentists, opti-
cians; and chemists and druggists
required to be kept in pursuance of this
Act.â€.
; 8. Section 10 of the Principal Act is here-
by amended by the deletion of the words
“Medical Practitioners, Dentists, Opticians, or
Druggists†appearing therein and the substitu-
tion therefor of the following words:—
‘medical practitioners, dentists, opti-
cians, or chemists and druggistsâ€.
4. Section 29 of the Principal Act is
hereby amended as follows:—
(i) by the deletion in paragraph (ii) of the
_ words “or dental surgery, or perform
any dental operation in respect of which:
he shall demand or receive any fee or
gratuity, â€;
Amendment of
section 10 of
the Principal
Act.
Amendment of
section 29 of
the Principal
Act.
LeewarD 2 ~ Medical (Amendment). No. 8 of 1954.
eres (ii) by the deletion of paragraph (6) of the
i proviso and the substitution therefor of
° the following:—
__ (6) the extraction of teeth by a
duly registered chemist and druggist
\ with the application of local anzesthetics
otber than cocaine, if authorised in
writing so to do by a Medical
Board; or â€.
~K. W. Brackgurne,
President.
Passed the General Legislative Council this
7th day of January, 1954.
A. E. Pewy,
Clerk of the Council,
ANTIQUA,
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackman, E.D., Government Printer.—By Authority. |
: . 1954 -
47/00154-475—1.54, Price 4 cents,
N 9 £
Title by Registration
No. 9 of 1954,
' (Amendment). —
[L.8.]
I Assent,
Kk. W. BiackBurNE,
Governor.
20th January, 1954.
LEEWARD ISI.ANDS.
No. 9 of 1954.
An Act to amend further the Title by Registration
Act.
BE IT ENACTED by the Governor and
General Legislative Council of the Leeward Islands
as follows:—
1. This Act may be cited as the Title by
Registration (Amendment) Act, 1954, and shall be
read us one with the Title by Registration Act, as
amended, hereinafter called the.Principal Act.
2. The Principal Act is hereby amended by
the insertion therein immediately after section 34
of the following section as section 34A:—
““34A. (1) Where any person is the
registered proprietor of contiguous parcels of
land, it shall be lawful for the Registrar of
Titles at the request of such person to issue to
him one certificate of title in respect of the
said parcels of land in substitution for the
several certificates of title relating thereto.
(2) Sections 12 and 18 of this Act shall
have effect, mutatis mutandis, on every request -
made under subsection (1) of this section.â€. ,
8. The following section is hereby substitu-
ted for section 155 of the Principal Act:—
“155. (1) Where a solicitor is employed
to do professional work under this Act, he
shall be permitted to charge an ad valorem fee
~ according to the scale set forth in the Fifth
Schedules.
\
LEEWARD -
ISLANDS.
}
Short title.
Cap. 99.
Insertion of
new section
to the Prinoi-
pal Act.
Consolida-
tion of certifi-
cates of title,
Substitution
of section 155
of the Princi-
pal Act.
Fees to be
paid to solici-
tors.
LEEWARD
ISLANDS.
2
Title by Registration No. 9 of 1954.
(Amendment). _
(2) The fee referred to in subsection (1)
of this section shall not include payment for
. professional work rendered in respect of
contentious litigation arising between parties,
or the: customary commissions payable for
carrying through negotiations for purchase,
sale or loan.
(3) Spbject to the provisions of subsec-
tion (2) of this section, the fee referred to in
subsectién (1) of this section shall cover not
merely the filling up of any form or instrument
required to be presented to the Registrar of
Titles, or any other form under this Act, but
also all meetings, correspondence and all other
charges whatsoever which the solicitor might
otherwise have legally made, or which might
have been charged before the passing of this
Act, in relation to professional work, or any
similar professional work, required to be
performed. —
(4) If the solicitor and his client are
unable to agree upon the value of the land or
incumbrance for the purposes of this section,
the question shall be referred to the Registrar
of Titles-who shall fix’ the said value and for
so doing he may require such evidence by
affidavit. or otherwise as he may think fit.
(5) Where the value of the land or
incumbrance fixed by the Registrar of Titles
under subsection (4) of this section exceeds
four thousand eight handred dollars. either
party, if dissatisfied therewith, may bring the
question before the Court in the manner
provided by section 139 of this Act.
(6) For the purposes of this section the
property value of incumbrances shall be taken
as ten years of the annual sum chargeable on
the estate value or whole value of instalments
secured,†;
No. 9 of 1954. - Title by Registration 3 LEEWARD
(Amendment).
ISLANDS.
4. The Fifth Schedule to the Principal Act, Babeneaen
‘is hereby repealed and the following Schedule Schedule ta
substituted therefor:— = Principal
“FIFTH SCHEDULE.
(Section 155) ©
1. First Certificate of Title and Transfer
subsequent to First Certificate of Title.
Fee based upon the value of the land
on the following scale:—
For the first $480 minimum fee
ss 57, Second $480
yy gy Ext $3840
,, each succeeding $4800 or
part thereof
2. Transmission—Taking out Certificate of
Title, Consolidation of Titles and Crop
Advance Warrants. -
_ Fee based upon the value of the land
or, in the case of Crop Advance
Warrants, the estimated crop value,
on the following scale:—
One half of the-sums specified in
the several categories set out in
paragraph. 1 of this Schedule.
3. Mortgages, Transfer of Mortgages and
Incumbrances.
For the first $480
», 9 next $4320
»» all amounts in excess of $4800
4
4. Discharge of Mortgages and Caveats
For indorsement of discharge
Entering, withdrawing or removing
Caveats.
$20.16
$10.08
13% ©
1%
$15.12
1%
13%
$10.08
$10.08
LEEWARD 4 — Title by Registration. No. 9 of 1954.
ISLANDS. (Amendment).
5. ‘Sale of Incumbered Land.
(a) - Fees based upon the sale value of
the land sold on the following
scale:—
For the first $480 ny 4
» 95 next $480 4%
†††$1920 3%
Gwe ay, $UOIS20 2%
», ‘sll’ amounts in excess of
$19,200 - e%
(6) For each additional application for
or incidental to the sale of incum-
bered land, such fee as the Court
may allow not exceeding $15.12
6. For replacement of a lost Certificate of
Title. $15.12
7. Any work performed under this .Act
not provided for by this Schedule. | Such fee
as the Court
may allow
inder_sec-
tion 155B
of this Act.â€
K. W. BLackBurNE,
Phesione
Passed the General Legislative | Council this 7th day of
January, 1964.
A. E. Penny,
Clerk of the Council.
ANTIGUA,
Printed: at the Government Printing Office, Leeward Ielands,
by E. M. Buaoxman, E.]), Government Printer.—By Authority.
E “1954. :
47/00272—475—1.54, (Price 6 cents.]
No. 10 of 1954. - Appropriation.
PLES.
I AssEnt,
K. W.-BiackKBurNE,
Governor.
20th January, 1954.
LEEWARD ISLANDS.
No. 10 of 1954.
An Act to provide for the services of the Colony of the
Leeward Islands for the year ending on the thirty-
first day of December, 1954.
BE IT ENACTED by the Governor and General
Leeward
IsLANDS.
Legislative Council of the Leeward Islands as follows:— >
- 1. This Act may be cited as the Appropriation
Act, 1954.
Q. There shall be and there is hereby granted to
Her Majesty the Queen, for and during the year ending
on the thirty-first day of December, 1954, the sum of
Seven Hundred and Wighty-five Thousand, and Highty-
eight Dollars, over and above the sums already granted
and provided under the Acts in force in the Colony to
be applied and expended in the manner and for the
services specified in the.First Schedyle hereto.
3. Such part of the said sum of Seven Hundred
‘and Eighty-five Thousand and Highty-eight Dollars, and
also the sums already granted and provided as aforesaid
amounting to the sum of Eighteen Thousand Dollars ‘as
set forth in the Second Schedule hereto, as is recoverable
from the several Presidencies shall be charged upon
their funds in the proportions specified in the Third
Schedule hereto. .
K. W. Bracksurne,
President.
Passed the General Legislative Council this 7th day
of January, 1954. :
A. E. Prny,
Clerk of the Council.
Short title.
Appropriation.
Proportions
payable by
Presidencies,
‘LEEWARD 2
ISLANDS,
HEAD,
Il.
III.
IV.
VI.
VII."
VIII.
"TX.
exe
XII.
XII.
HEAD.
TL
_ Appropriation.
FIRST SCHEDULE.
SERVICE.
Pensions
Governor
Secretariat
Audit
Education =o
Judicial
Legal
Miscellaneous
Police : ®
Post: Office
Printing
Treasury cas
Development & Welfare and
Other Imperial Grants
SECOND SCHEDULE.
SERVICE.
Governor
No. 10 of 1954,
AMOUNT.
$ ’
86,703
15,883
40,186
41,702
16,281
11,067
12,017
64,332
386,282
8,000
33,637
2,640
66,358
785,088
AMOUNT,
$
18,000
18,000
perme
oi Ss
Bice Carlwor. Appropriation, 8 LeEwarD —
: THIRD SCHEDULE. ° _ ee
General Apportionment.
Antigua .. 3848/1000
St. Kitts-Nevis and
Anguilla o 535/1000
Montserrat oer 61/1000
Virgin Islands i, 56/1000
Police. Oo
7
In respect of Personal Emoluments based on services
rendered according to distribution of personnel.
: $
Antigua oe 191,191
St. Kitts-Nevis and
Anguilla en 132,668
Montserrat Bae 39,203
Virgin Islands tee 6,848
+
ANTIGUA,
Printed at the Government Printing Office, Leeward Islands,
by E. M. Bnackman, E,D., Government Printer.—By Mothority
: : 1954,
Y 47/00083 —475—1.54, Price 5 cents,
ac eS
No. 16 of 1953. Interpretation of Laws (Amenament).
| [L.S.]
_ I Assent,
K. W. BrackBurneE,
Governor.
31st December, 1953.
ANTIGUA.
No. 16 of 1953.
\ ANTIGUA.
An Ordinance to amend further the mn
of Laws Act, 1896.
; BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:—
1. This Ordinance may be cited as the
Interpretation of Laws (Amendment) Ordinance
1953 and shall be read as-one with the Interpreta-
tion of Laws Act, 1896, as amended, hereinafter
called the Principal Ordinance.
2. Section 10 of the Penpals Ordinance is
Bereby amended as follows:—
(a) by the renumbering of the seetion as
subsection (1) of section 10;
ie (0) by the addition of the following as
subsections (2) and (38) respectively :—-
“*(2) All acts done and performed
by the person acting fer, and doing the
duty of, any public officer who has
obtained leave of absence within the
period for which such leave has been
granted, shall be good, valid and effectual
for all purposes whatsoever, notwith-
_ standing that such public officer may be
x within the Presidency at the time when
such acts were done and performed,
329. 72074
L4ug7t
Short Title,
6/1896,
29/1927,
1/1934,
3/1988.
18/1939,
Amendment
of Section 10
of Principal
Or‘dinance,
ANTIGUA. 2 Interpretation of Laws (Amendment). No. 16 of 1953.
Amendment
of section 11
cf the Prinoi-
(3) Unless the contrary intention
appears, where any Ordinance, whether
passed before or after the commencement
of this Ordinance, contains a reference to
the Attorney-General, the reference shall,
in the absence of the Attorney-General
from the Presidency; be construed to
include a reference to the Crown Attorney
present in the Presidency -as the ~~
Attorney General’s deputy.â€
8. Subsection (3) of section 11 of the
Principal Ordinance is hereby repealed and replaced
pal Ordinance. gg follows:—
(3) Where any Ordinance, whether
passed before or after the commencement of
this Ordinance, confers power on any author-
‘ity to make or issue any instrument (that is to
say, any regulation, rule, by-law, proclamation,
order-in-council or order) the following provi-
sions shall, unless the contrary intention
appears, have effect with reference to the
making, issue and operation of such instru-
ment— . ,
(a) any instrument as aforesaid may at —
any time be amended, varied, rescinded or
revoked by the same authority and in the
same manner by and in which it was made;
(6) there may be annexed to the breach
of any regulation, rule, by-law, order-in-
council or order such penalty not exceeding
forty-eight dollars-as the authority making
the regulation, rule, by-law, order-in-council
or order may think fit;
(c) where any Ordinance confers power
on any authority to make any regulation, rule,
by-law, order-in-council or order for any
general purpose, and also for any special -
purposes incidental thereto, the enumeration
of the special purposes shall not be deemed to
derogate from the generality of the powers
conferred with. reference to the general:
purpose;
(d) no regulation, rule, by-law, order-in-
council or order shall be inconsistent with the
provisions of any Ordinance,â€
“No. 16 of 1953. Interpretation of Laws (Amendment). 3 ANTIGUA.
4. (1) Section 18 of the Principal Ordinance is Amendment
hereby amended as follows:— of the Prin-
s . cipal Ordi-
nanoe,
(a) by the*substitution of the following
for paragraph 6 thereof—
(6) The expression ‘ Goverhorâ€
_ shall mean the Officer for the time being
administering the Government of the
Presidency ;â€â€™ and
(b) by the substitution of the expression
‘the Governor†for the expression “a Gover-
nor†appearing in the definition of the
expression ‘Justice of the Peaceâ€; and
(c) by the addition thereto of the follow-
ing paragraphs immediately after paragraph
33—.
(34) The expression ‘‘ Actâ€â€™ shall
include Ordinance and private Act or
Ordinance, and any regulation, rule, by-
law, proclamation, order-in-council or
order made under the authority of any
Act or Ordinance;
(35) The expression “ Chief Justiceâ€
shall mean the Chief Justice of the
Supreme Court of the Windward Islands
and Leeward Islands;
(36) The expression “law†shall |
include any Ordinance, Federal Act or
Act of the Imperial Parliament and any
regulation, rule, by-law, proclamation,
order-in-council, order, scheme or direc-
tion made or given under the authority
of any law;
(37) The expression ‘“ Ordinanceâ€
shall include private Ordinance and any
Act or private Act-of the Legislature of
Antigua and any regulation, rule, by-
law, proclamation, order-in-council or
order made under the authority of any
such Act or Ordinance;
(38) The expression “ prescribed
shall mean prescribed by an Ordinance
in which the said expression occurs or
ANTIQUA, 4 Interpretation of Laws (Amendment). No. 16 of 1953. .
Insertion of
by any regulation, rule, by-law, order-in-
-council, order, or form of notice issued or
made thereunder and in relation to any
regulation, rule, order-in-council or order
. shall mean prescribed by the Governor
in Council unless some other authority is
mentioned in the Ordinance;
(39) The expression “subsidiary
legislation’ shall mean any regulation,
rule, by-law, proclamation, order-in-coun-
cil, order, direction, notice or other
instrument made under any Ordinance or
other lawful authority and having legisla-
tive effect. _
(2) Paragraph (a) of subsection (1) of
of this section shall come into operation on a
day to be appointed by the Governor by
proclamation published in the Gazette.
5. The following new sections shall be
rep sections inserted in the Principal Ordinance immediately
in Principal
Ordinance. after section 18 thereof :—
‘Change in
title of public
office.
18A. Whenever the Governor considers
it necessary to change the title of any public
office, he shall cause a notice to that effect to
be published in the Gazette setting out the
former ttle and the substituted title or titles
of such office, and declaring that such change
of title shall take effect or shall be deemed to
have taken effect, from a date specified in such
nective, and with effect from such date— —
(a) where the change in title consists
in the substitution of a single title for the
former title, the substituted title shall
replace the former title wherever the
former title appears in any Ordinance or
in any deed or other instrument made or
* issued pursuant to or consequent upon
any such Ordinance; and
(6) where the change in title con-
sists in the substitution of- two or more
titles for the former title, the former title
shall be replaced, in the provisions of any -
such Ordinance, deed or other instru-
ment as may be specified in such notice,
by such substituted title as may be speci-
fied in guch notice,
No. 16 of 1953. Interpretation of Laws (Amendment), 5 Antigua.
18B. No Ordinance shall in any manner Rights of the
whatsoever affect the rights of the Crown “°*â€
unless it is therein expressly provided or unless
it appears by necessary implication that the
Crown is bound thereby.
18C. When a substantive holder of any Appointment
office constituted by or under any Ordinance S,ecgemer ‘°
is on leave of absence pending relinquishment leave of ab-
of his office, it shall be lawful for another Spee Bret s
person to be appointed substantively to the substantive
same office. holder,
18D. Where by or under any Ordinance 4 ppointment
the Governor or any public officer or body is °f officers by
: name or office.
empowered to appoint or name a person to
have and exercise any powers or perform any
duties the Governor or such public officer or
body may either appoint a person by name or
direct the person for the time being holding
the office designated by the Governor or by
such public officer or body to have and
exercise such powers and perform such duties;
and thereupon or from the date specified by
the Governor or by such public officer or body,
the person appointed by name or the person
for the time being holding the office aforesaid
shall have and may exercise such powers and
perform such duties accordingly.
18E. Where any Ordinance confers Power to
upon any person or authority power to make chet uowe!
appointments to any office or place the power to remove, ete.
shall be construed as including the power to
remove or suspend any person appointed, and
to reappoint or reinstate him, and to appoint
another person temporarily in the place of any
person so removed or suspended or in place of
any holder of the office or place, who has
died or is ill or absent, and to appoint another
person temporarily to fill any vacancy in the
office or place arising from any other cause:
Provided that where the power of the
person or authority to make any such appoint-
ment is only exercisable upon the recommen-
‘dation or subject to the approval, consent or
concurrence of some other person or authority
Anrigua.
Power of Gov-
ernor to pro-
vide for execu-
tion of duties
-of public offi-
cer during
temporary
absence or ,
inability.
Power tothe
Governor to
appoint publics
officer as such
to serve on
board and to
- appoint chair-
man.
Vowers of a
board, etc. not
affected by
yacancy, etc,
‘be a member of such _ board,
6 Interpretation of Laws (Amendment). No. 16 of 1953.
the power of removal shall, unlesss the
contrary intention appears, only be exercisable
upon the recommendation of or subject to the
approval, consent or concurrence of that other
person or authority.
18F. Where by or under any Ordinance
any powers are conferred or any duties are
imposed upon a public officer, the Governor
may direct that if during any period owing to
absence or inability to act from illness ‘or any
othcr cause such public officer shall be unable
to exercise the powers or perform the duties
of his office in any place.under his jurisdiction
or control, such powers shall be had and may
be exercised and such duties shall be performed
in such place by the person named by, or by
the public officer holding the office designated-
by, the Governor; and thereupon such person
or public officer, during any period as aforesaid
shall have and may exercise the powers and
shall perform the duties aforesaid, subject to
such. conditions, exceptions, and qualifications
as the Governor may direct.
18G. (1) Where by or under any Ordi-
nance power is given to the Governor to -
appoint any persons to be members of any
board, commission, committee or similar body
it shall be lawful for the Governor, in the
absence of any provision to the contrary, to
so appoint, by his official designation, any
public officer, and, on such appoiutment and
until such appointment shall be cancelled or
oth:rwise determined, the person for the
time being filling the office in question shall
commission,
committee or similar body.
(2) Where by or under any Ordinance
power is given to the Governor to appoint
any board, commission, coinmittee vr similar
body, it shall be lawful for the Governor, in
the absence of any provision to the contrary,
to appoint a chairman of such board, commis-
sion, committee or similar body.
18H. Where by or under any Ordi
nance any board, commission, committee or
similar body, whether corporate or unincor-
No. 16 of 1953. Interpretation of Laws (Amendment). 7
porate, is established, then, unless the. con-
trary intention appears, the powers of such
board, commission, committee or similar body
shall not be affected by—
(a) any vacancy in the membership
thereof;
(b) the, fact that it is afterwards
discovered that there was some defect in
the appointment or qualification of a
person purporting to be a member there-
of; or
. (c) the fact that. there was any
minor irregularity in the convening of
any meeting thereof.
181: Save as is otherwise expressly pro-
vided by any Ordinance, whenever any act or
thing is required to be done by more than two
’ persons, a majority of them may do it.
18J. Whenever any Act of the Imperial
Parliament is extended to the Presidency such
Act shall be read with such formal alterations as
to names, localities, courts, officers, persons,
moneys, penalties and otherwise as may be
necessary to make the same applicable to the
circumstances.†© :
6. Section 3 of the Principal Ordinance is
hereby repealed.
R. Sv. J. O. Warnr,
President.
Passed the Legislative Council this 21st dsy
of December, 1953. Bet as
J. L. Ropinson,
Clerk of the Counctl. -
-ANTIGUA,
ANTIGUA.
Power of
majority of
more than
two persons.
Imperial Acts
to be read with
necessary
modifications.
Repeal.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Biacxman, E.D,, Government Printer.—By Authority.
1954
—480— 1.54.
Price 9 cente,
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