Citation
Leeward Islands gazette

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:
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 )

Related Items

Succeeded by:
Antigua, Montserrat and Virgin Islands gazette

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Full Text


VOL. LXXXII.



published op apes

THURSDAY, 4ru FEBUARY, 1954.

No. 8.





Notices,

International Regulations for
{Preventing Collisions at Sea.

he Collision Regulations (Ships
and Seaplanes on the water) and
Signals of Distress (Ships) Order,
1953, S.J. 1953 No. 1557 made under
Section 418 of the Merchant Ship-
ping Act, 1894 («#) came into opera-
tion on the Ist January, 1954.

2. The British Ships to which,
wherever they may be, the Collision
Regulations apply include, among
others :—

(a) Ships registered in the Colo-
nies under the Merchant Shipping
Act 1394,

(b) Ships registered under sec-
tion 88 of the Merchant Shipping
Act 1894.

(c) Ships registered in Colonies
ete.. which have their own Mer-
chant Shipping Legislation and
have repealed section 418 (1) of
'the Merchant Shipping Act 1894,
in its application to such ships, in
exereise of the powers conferred
by section 735 (1) of the Merchant
Shipping Act 1894.

_ §. Paragraph 3 of Article 1 of
the new Order revokes certain pro-
visions relating to aircraft on the
surface of the water which are con-
tained in the Air Navigation Order,
1949, and the Colonial Air Naviga-
tion Order, 1949, as subsequently
amended. The revoked provisions
are indicated in Part lI of the Third
Schedule to the Order. When the
Order comes into operation on the
Ast January, 1954 these provisions
will no longer he needed as seaplanes
on the surface of the water (except so
far as distress signals are concerned)
‘will thereafter be dealt with in the
Collision Regulations set out in the
First Schedule to the Order. Signals
of distress for aircraft are at present
dealt with in Schedule II of the Air
Navigation Order, 1949 and Sched-
ule II of the Colonial Air Navigation
Order, 1949 and these provisions will
be re-enacted in the new Air Naviga-
tion Order which is at present in
preparation and in the corresponding
Colonial Air Navigation Order.”

4. The following are some of the
more important changes: —
(i) They apply to seaplanes on the
water as wel] as to ships.

324,729
Lue ers

(ii) Under the existing Regulations
a second white masthead light is
optional. Under the new Regu-
lations the second light becomes
compulsory for power-driven
vessels under way except for
vessels less than 150 feet in
length and for vessels engaged
in towing.

(iii) The lights shown by fishing
vessels when fishing must be
visible at a distance of at least
two miles.

(iv) The stern light which under
the existing Regulations ie
optional becomes compulsory,
and its range of visibility is in-
creased from one to two miles.

(v) The range of visibility of
anchor lights is increased for all
vessels under 150 feet in length
from one to two miles and for
vessels of 150 feet in length and
over from one to three miles.
In day time vessels at anchor
must carry a black ball not less
than two feet in diameter in the
fore part of the vessel. Vessels
aground must carry in daytime
three black balls, placed in a
vertical line one over the other
and not less than six feet apart.

(vi) Vessels of more than 350 feet
in length when at anchor in fog,
mist, falling snow, heavy rain-
storms or any other condition
similarly restricting visibility
must, in addition to ringing a
bell in the forepart of the vessel,
sound in the after part a gong or
or other instrument, the tone and
sounding of which cannot be
confused with that of the bell.

(vii) A new sound signal (one pro-
longed blast of the whistle) is
prescribed for a power-driven
vessel nearing a bend in a chan-
nel where another power-driven
vessel might be approaching
from the other direction but
cannot be seen.

(viii) When a power-driven vessel
which, under the Regulations,
has to keep course and speed is
in sight of another vessel and is
in doubt whether the other vessel
is taking sufficient action to avert
collision, she may indicate her
donbt by giving at least five
short and rapid blasts on the
whistle.

5. The International Conference
on the Safety of Life At Sea, 1948
which approved the Regulations also



adopted the following recommenda-
tions:—

The Conference, while recognising
that the recent advances in radar
and electronic navigational aids.
are of great service to shipping,
is of the opinion that the posses-
sion of any such device in no
way relieves the Master of a ship
from his obligations strictly to
observe the requirements laid
down in the International Regu-
lations for Preventing Collisions
at Sea, and in particular the
obligations contained in Rules
15 and 16 of those Regulations,

Copies of the Order (Price 6.)
may be obtained from:—
Her Majesty’s Stationery Office,
York Honse, Kingsway,

London, W.C, 2.

Ref. No. A. 70/44



It is hereby notified for general
information that His Excellency the
Governor has issued a Commission te
the Honourable P. D. MACDONALD,
C.M.G., appointing him to be
Governor's Deputy during His.
Excellency’s absence from Antigua,
whilst paying a visit to St. Thomas,
American Virgin Islands, from the
5th to the 7th February, 1954.

The Seoretariat,
Antigua.
3rd February, 1954.

No, 13/00061

French Consular Represen-
tation.

It is notified for general informa-
tion thatthe Exequatur empowering
Monsieur ROBERT VICTOR to act as
Consul of France at Port of Spain for
Trinidad and Tobago, Jamaica,
Barbados, the Windward Islands,
Leeward Islands, Bahamas, Bermuda,
British Guiana and British Honduras
was signed on the 14th December,
1953.

The Secretariat,
Antigua,
30th January, 1954.

19/00001,



y

20 THE LEEWARD ISLANDS GAZETTE.

It is notificd for general informa-

_ tion that Mr. A. F. L. LOUISY hag

resumed his substantive duties as
Magistrate, District A and B, in the
Presidency of Antigua.

Administrator's Office,
Antigua.
Ist February, 1954.

Bef. No. A. 43/9.

It is notified for general informa-
tion that, under section 2 of the
Mot»r Vehicles Insurance (Third
Party Risks) Ordinance No. 11 of
1950, approval has been given an
application made by Alexander
Parrish (Antigua) Limited for the
Home Insurance Company of New
York to be recognised as “‘ authorised
insurers”.

Administrator’s Office,
Antigua.
lst February, 1954.

No. 9.

The Governor has been pleased,
this day, to assent to the undermen-
tioned Ordinances:—

Montserrat.

No. 1 of 1954, “The Cinemato-
graphs (General Legislature Compe-
tency) (Repeal) Ordinance, 1953.

Jan, 11

No. 2 of 1954, ‘‘The Supplemen-
tary Appropriation (1952) Ordinance,

1953 Jan. 11
No. 10.
The following Ordinance and

Statutory Rules and Orders are cir-
culaied with this Gazette and form
part thereof:—

ORDINANCE.

Antigua.

No. 17 of 1953. “ The Electricity,
Ice and Cold Storage (Amendment)
Ordinance, 1953.” 3 pp. Price 5c.

STATUTORY RULES & ORDERS.

Antigua.
No. 29 of 1953, ‘The Harbour
and Roadsteads (Overtime Fees)

Rules, 1953.” 2 pp. Price 4 cents.

Montserrat.

No. 1 of 1954, “The Cinemato-
graphs (General Legislature Compe-
tency) Ordinance, 1953.

2 pp. Price 4 cents.

No. 2 of 1954, ‘*‘The Supplemen-
tary Appropriation (1952) Ordinance,
1953.” 2 pp. Price 4 cents.

NATURALIZATION.

A Certificate of Naturalisation No.
1 of 1954 dated the 24th December,
1953, has been granted to Mr.
LOCKLING ANSWORTH TONGE known
as LAUCHLAND TONGE of Michael’s
Village, St. John’s, Antigua, under
the British Nationality Act, 1948.

The Secretariat,
Leeward Islands,
At Anitgua.

27th January, 1954.

Ref. No. 55/00018.



The Board of Health authorised
under Section 2 of the Board of
Health Ordinance, 1859 has been
reconstituted by the Acting Commis-
sioner of the Virgin Islands with the
following membership:—

The Medical Officer (Chairman)
Hon. J. O. GtorGEs, M.B.E.
Rev. D. HENRY

Mr. J. R. O'NEAL

Mr. R. Roy

Miss B. ABBOTT (Secretary)

Commissioner’s Office,
Tortola,

British Virgin Islands,
30th December, 1953.

36/00002,



TRADE MARKS OFFICE,
ANTIGUA, 2nd February, 1954.

STABILIMENTI DEMANIALI
RECOARO SOCIETA PER AZIONI
of Via Carlo Poerio No. 39, Milan;
Italy have applied for Registration of
one Trade Mark consisting of the
following:—

CHINGTTO RECOARO

in class 44 that is to say :—
Non alcoholic beverages

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for seven
years before the date of their said
Application.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.

A. R. MBADE,
Acting Registrar of Trade Marks.

| 4 February, 1954.

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

NEVIS CIRCUIT.
A.D.1954.

NOTICE is hereby given that in
pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Leeward
Islands (Courts! Order-in-Council,
1939 and duly approved as therein
provided on the 16th day of October,
A.D. 1941, The Honourable the
Puisne Judge selected for the sitting
of Court in the NEVIS CIRCUIT
has appointed the day of the month
on which the ensuing Cirenit Court
shall sit as follows, that is to say: —

THE NEVIS CIRCUIT on Monday
the 12th day of April, 1954 at 10
o’clock in the forenoon.

Dated the 25th day of January,
1954.
D. S. BROOKES,
Registrar of the Supreme Court. .

Ref. No. 26/00002.



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

SAINT CHRISTOPHER CIRCUIT.

A.D. 1954.
NOTICE is hereby given that in
pursuance of Rules made by the Chief
Justice under Section 16 of the
Windward Islands and Leeward
Islands (Courts) Order-in-Council
1939, and duly approved as therein
provided on the 16th day of October,
A.D. 1941, The Honourable the
Puisne Judge selected for the sitting
of the Court in the Saint Christopher
Circuit has appointed the day of the
wonth on which the ensuing Circuit
Court shall sit as follows, that is
to say :—



The Saint Christopher Circuit on
FRIDAY. the 26th day of FEBRU-
ARY, 1954 at 10 o’clock in the fore-
noon.

Dated the 25th day of January,
1954.

D. 8S. BROOKES,
Registrar of the Supreme Court.

RAINFALL FIGURKS.

Central Experiment Station,

Antigua.
1950. 1951. 1952. 1953. 1954.
Jan, 23 4.29 282 1.17 1.72 287





4 February, 1954.] THE LEEWARD ISLANDS GAZETTE. 21

TRADE MARKS OFFICE,
Anticua, 2nd Frpruary, 1954.

NESTLE’S PRODUCTS LIMITED of 309, North Side of Bay Street, Nassau, Bahama
Islands have applied for Registration of one Trade Mark consisting of the following:—

- ‘@ \eere By,
M| Se | Bee
Baa EGOS HAA Bese / tn carer yan macs wien \ eet
Geet | GRIKLUGEHINIUCINNTE A

| RE

ABBBATIMYRUCHN A AIT
| mnt



in Class 42 that is to say:—
Milk, milk products of all kinds, including cheese and butter.

The Applicants claim that they have used the said Trade Mark in respect of the said goods
for three months 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 registration of the said Trade Mark.

_ A. R. Means,
Acting Registrar of Trade Marks.





BANKING STATISTICS: LEEWARD ISLANDS

All figures in British West Indian dollars.

Number of reporting banks: 2 (Barclays Bank (D.C. & O.) and Royal Bank of Canada).
Figures for end of quarter 31st December, 1953.



LIABILITIES $ ASSETS $
1. Notes in circulation 11,205.00 1, Cash 1,130,785.95
2. Deposits 9,001,943.42 2. Balances due by other banks
(i) Demand = 3, 450,572.04 in Colony 12,307.50
(ii) Time 184,188.66
(iii) Savings 5.367,182.72
3. Balances due to 3. Balances due from banks abroad
(a) Other banks in Colony 265,730.24 and other short claims due by 6,777,169.9L
(6) Banks abroad 216,917.26.
4. Other Liabilities, etc. 204,954.35 4. Loans and Advances To:— 1,233,151.60
(i) Primary produc-
tion (including
processing of
primary pro-
ducts) 10,425.55
i (ii) Other industries
(including Com-
merce, Trans-
portation and
Distribution) 769,559.12
(iii) Other advances 453,166.92
5. Investments
(a) Local _—
(6) Other —
6. Other Assets 547,335.31
Total Liabilities 9,700,750.27 . Total Assets 9,700,750.27

— el





22 THE LEEWARD ISLANDS GAZETTE. [4 February, 1954.

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD
ISLANDS.

ANTIGUA CIRCUIT
(APPELLATE JURISDICTION)

Appeal No.7 of 1953.

Between:—
Ivan Epwarps Appellant (Defendant)
and
JosepH KH. Byron Respondent (Complainant)

(Jnspector of Police)

Before:— Darr, J.
S. T. Curistran for Appellant.
A. F. Lovrsy (Acting Crown Attorney) for Respondent,

JUDGMENT.

The appellant was convicted by the Acting Magistrate, District “ A”, for failing to com-
ply with regulation 19 (11) of the Vehicles and Road Trattic Regulations, 1946. That regulation
provides that every driver of a motor vehicle shall, when about to stop the vehicle on any road,
draw up as close »s possible to the side of the road so as to allow a clear roadway for passing traffic.

The facts found by the learned Magistrate are stated in his Reasons for Decision which,
for convenience, are set out in extenso:

“ The charge against the appellant arose out of a collision on 18th May 1953 hetween.
A.G. 858 driven by the appellant and A.G. 159 driven by Hrnest Joseph, who was
charged with driving without due care and attention contrary to Section 53 of the Motor
Vehicles and Road Traffic Ordinance 1946 (No. 5/1946). The evidence for the prosecu-
tion being the same for both charges, and the appellant consenting, they were both heard
together.

At the close of the case for the prosecution the evidence presented to the court may
be summarised as follows:—

A.G. 808 driven by the xppellant was proceeding south along Market Street. Some-
where along that section of Market Street between Tanner Street and South Street A.G.
808 stopped. In the position where it stopped there was a space of 7 ft. between the left
front wheel and the east kerb of Market Street, and a space of 7 ft. 10'' between the left
rear wheel and the East Kerb, this kerb being, wis @ vis A.G. 808, the left hand kerb.
There was no evidence that .t the time of stopping there was any reason why A.G. 808
could not have pulled up next to its left hand (i.e. eastern) kerb instead of 7 ft. away
from it. Sergeant Roberts gave evidence that he visited the scene and that an eye-wit-
ness—one James Dor—told him in the appellant’s presence that when the latter stopped he
was speaking to someone in a shop on the east side of the street. He further gave evi-
dence that Dor refused to give a statement to the Police. Dor was summoned as a wit-
ness and gave evidence that when the appellant stopped he was looking in the shop on
the side of the Streef.

Vehicle A.G. 159 was proceeding north along Market Street. According to Dor’s
evidence, as A.G. S08 and A.G. 159 “ came together”, A.G. 808 stopped, while A.G. 159
went on and the right sides of the vehicles scraped each other. According to the evidence
of Harry Goodwin A.G. 808 came to a stop when A.G. 159 was about 20 ft. away. The
court came to a conclusion that A.G. 808 came to a halt just before the collision, 7.¢. that
when the front of A.G. 159 passed the front of A.G. 808 the latter was at a standstill.

At the close of the prosecution’s case Mr. Christian submitted that (i) the Regulation
under which the appellant was charged did not apply to cases where a vehicle was
forced to stop by reason of the nature of the traffic, e.g. in order to avoid an accident, and
(ii) that there was no evidence before the court that the appellant had Toes for any
reason other than the circumstances of the traffic.

In view of the evidence of Set. Roberts and James Dor, and the fact that at the time
of stopping the appellant was (accepting the least incriminating version) looking into the
shop on the east side i.e. away from the approaching vehicle A.G. 159, and bearing in
mind that the reason for stopping was a fact peculiarly within the knowledge of the
appellant, the court was of the opinion that a prima facie case had been established, and

called upon the appellant to make hix defence. ‘he appellant gave no evidence nor
made any statement and was thercfore convicted.”



4 February, 1954. | THE LEEWARD ISLANDS GAZETTE. 23

_In this Court Mr. Christian, for the appellant, repeated the arguments advanced by him
in the Magistrate’s Court and submitted that what James Dor told Sergeant Roberts after the
-accident was not evidence; that Dor gave evidence in Court and said nothing about the appellant
speaking to anyone in a shop on the eastern side of the street. It is observed, however, that
though the learned Magistrate in his Reasons for Decision adverts to the evidence given by
Sergeant Roberts as to what was said in the presence of the appellant after the accident, he does
not base his decision unon the statement alleged to have been made to Sergeant Roberts by Dor.
The learned Magistrate clearly indicates that he accepted “ the least incriminating version ’—that
the appellant was merely ‘‘ looking into the shop on the eastern side 7.e. away from the approach-
ing vehicle A.G. 159”. On that uncontradicted testimony the Magistrate drew the inference, as
he was entitled tc do, that the approach of A.G. 159 was not the reason for the stopping of the
appellant’s car.

Mr. Christian also submitted that the learned Magistrate’s conclusion that A.G. 808 could
and should have been pulled up closer to the eastern side of the street is against the weight of
evidence and wrong in !:w. As to the law, he urged that so long as the appellant’s car was stopped
sufficiently close to the ieft side of the street to permit of the passage of traffic then on the street
no offence was committed. The regulation, be it noted, requires every driver to “draw up as close
as possible to the side of the road so as to allow a clear roadway for passing traffic.” The leaving of
-a clear roadway for passing traffic is undoubtedly the object which the Governor in Council had
in mind in making the regulation, but the Governor in Council went further and stated how
that object was to be achieved. It is not open to a driver to say that though he stopped his car
in the middle of the road he has complied with the regulation because other persons then using the
road had sufficient room to pass.

On the question of fact, whether A.G. 808 could have been pulled up closer to the eastern side
of the street,:Mr. Christian referred to the evidence of Harry Goodwin, a witness for the prosecu-
tion, who said: ‘I do not know why the car stopped. ‘here were people on the side of the road—
between sidewalk and the car”. James Dor on the other hand is recorded as having stated: “ I did
not see anything to prevent car stopping right at side of road. He (the driver) said the garbage
pan prevented him, but the pan was right next to the telephone post and did not prevent him from
stopping right next to side of road.” Dor’s evidence generally was accepted by the Magistrate, and it
seems clear that his evidence on this particular point was also accepted. Nevertheless, all that the
Magistrate says in this connection is: “There was no evidence that at the time of stopping there
was any reason why A.G. 808 could not have pulled up next to its left hand (i.e. eastern) kerb
instead of 7 ft. away from it.” Mr. Louisy, for the respondent, pointed out that Goodwin’s evi-
dence is silent as to the precise stage at which there were people between the sidewalk and the car
and contended that looking at the case as a whole it was not reasonable to suppose that the learned
Magistrate had overlooked Goodwin’s evidence. The view I take of the matter is that even if
there were people on the left side of the road when the appellant was about to stop his car, it was
his duty to sound his horn and get them to move so as to enable him to pull up reasonably close to
the sidewalk. ‘There is no evidence of any such effort having been made.

The appeal is dismissed with costs £38 3. 0.

W. A. Dare,
Puisne Judge.
7th January, 1954.



24 THE LEEWARD ISLANDS GAZETTE. [4 February, 1954.
IN THE COURT OF SUMMARY JURISDICTION OF THE LEEWARD ISLANDS.
(ANTIGUA CIRCUIT)

(APPELLATE JURISDICTION)

Appeal No. 14 of 1958.

Between:—

Kart JosEra Appellant (Defendant)
and
JoserH EK. Byron Respondent (Complainant)
(inspector of Police)
Bejore:— DATE, J.

HK. EK. Harney for Appellant
D. A. ve Frerras (Acting Crown Attorney) for Respondent.
JUDGMENT.

On 29th September, 1953, the appellant was convicted by the Acting Magistrate of District
“A” for stealing predial produce to the value of $2.90 and was sentenced to three months imprisonment
with hard labour. Against that conviction and sentence he has appealed, the grounds of appeal being—-

(1) that there was no evidence to show that the place where tie offence is alleged to have
been committed—z.e. Greencastle Station—is in the Magisterial District “A”; and

(2) that the sentence imposed is excessive.

As regards his first ground of appeal, it is not contended that Greencastle is not within District
“A”, but that there was no proof of it. A similar question was raised in 1951 in TAihow v Bowery in
the Court of Appeal for the Windward Islands and Leeward Islands. The Court was not called upon to
give a concluded opinion on the point, but it nevertheless referred to the old case of A. v. Whitiles,.
(1849) 13 Q.B. 248, and expressed the view that a magistrate can properly take judicial notice of the
magisterial divisions of a Presidency. In any case, the submission made on behalf of the appellant is one
which goes to the jurisdiction of the court of first instance. The objection was not taken on the hearing
of the complaint in that court, and it is not competent for the appellant to raise it now.

On the question of sentence, it was urged on behalf of the appellant that he is only twenty-two.
years old and has no previous convictions. These are matters which should be taken into account in
considering sentence; but there are other factors which also have to be taken into consideration. It is,
for instance, observed that as recently as 1949 the Legislature of this Colony deemed it necessary to pass
a special Act for the protection of the producers of priedial produce. The maximum punishment
preacribed for a first offence under that Act is twelve months imprisonment with hard labour, plus a fine
of $240.00, plus compensation. And the circumstances surrounding the cominission of this particular
offence are not favourable. ‘I'he evidence shows that for some time produce had been missing from
Greencastle Station, to such an extent, indeed, that two night-watchmen had to be engaged. Then one
night, around midnight, just as the. moon had gone dow n, the appellant, who lives nearby, was.
discovered in the garden. In these circumstances | see no reason for interfering with the punishment.
awarded by the learned trial Magistrate.

The appeal is therefore dismissed, with costs £38. 3. 0.

W. A. Darter,
Puisne Judge.
7th January, 1954.



4 February, 1954. ]

THE LEEWARD ISLANDS GAZETTE. 25

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS

‘

(ANTIGUA CIRCUIT)
A.D. 1954.

Notice is hereby given thatthe Honourable Puisne Judge has appointed the sitting of the Supreme Court of
the Windward Islands and Leeward Islands at which the following causes will be heard.

The hour at which the Court will sit will be at 9.30 o’clock in the forenoon in each case:—

Date.
1/2/54

Date.
8/2/54

”

10/2/54

Date.

15/2/54

”

APPEALS.

Appellant. Respondent.
Doris Stevens Mary Martin
Martin Branch Cecil Potter
Leon Cort Edgar T. Tonge

(Inspector of Police)

MATRIMONIAL CAUSES.

Petttioner’. Respondent.
Joseph Evans Fenton Enesta Vernella Fenton
Charles Frederick Walker Althea Elese Walker
David Charles Gwendolyn Charles
Charles Adolphus King Mary Juanita King
William John Abbott Olga Eugenie Abbott

SUPREME COURT.
Plaintiff. Defendant.
James Francis Matilda Martin
Leonard Perry Arthur Tomlinson
Samuel Jarvis John Harold Moore
Samuel Dennis Gabriel Geo. W. Bennett Bryson & Co. Ltd.
Desmond Joseph Alfred Edwards
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.
Appellant. Respondent.
Stanley R. Walter The Commissioners of Income Tax
Geo. W. Bennett Bryson & Co. Ltd. as
Leonard Maguire ee

‘Dated the 22nd day of January, 1954.

A. R. MEADE,
Acting Registrar of the Supreme Court.



26

THE LEEWARD ISLANDS GAZETTE.

[4 February, 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 fer sitting of
the Court 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.
22/2/54

Plaintiff.

Marietta Walter
Relton Hughes
HKvelyn George
William Lewis
Cecil F. Peters
Rachael Walker
William Lewis
Charles Joseph

Iris Colbourne

George Herbert Walter
Novel Burke

Alberta Johnson
Alford Henry

Rachael Spencer

Dated the 22nd day of January, 1954.

ANTIGUA.

Government Printer.—By Authority.
194,

Acting Registrar of the Supreme O

Defendant.

Reginald Gonsalves
Ernest Athill

Norris Hunt

Harold Hairall

Arnold Martin
Anthony Brown
Binton & Maud Hairall
Emanue! Joseph

Elisha Spencer

Joseph Gillan

James Harrigan

Raymond Lloyd

Robert Joseph

Papa Burnes & Harold Weekes.

A. R. MEADE,

Jourt...

Printed at the Government I’rinting Office, Leeward Islands, by E. M. Bu: cKmAN, BD,

[Price 27 cents. }:



A oe

No. 17 of 1953. Electricity, Ice and Cold ANTIGUA.
Storage (Amendment)

(1.8.] AG
I Assent,
K. W. Bracks oe

Governor,



ANTIGUA.
No. 17 of 1953.

An Ordinance to amend further the Electricity,
Ice and Cold Storage Ordinance, 1948,

BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:—

1. This Ordinance may be cited as the Short title,
Electricity, Ice and Cold Storage (Amendment): ¢/:3i8°
Ordinance, 1953, and shall be read as one with the 2/1952.
Electricity, [ce and Cold Storage Ordinance, 1948,
as amended (hereinafter called the nna Ordi-

nance).

2. Puragraph (a) of subsection (2) of sec- Amendment
tion 13 of the Principal Ordinance is hereby cept

amended. as follows:— Ordinance.
(a) by deletion of the word “and”
appearing in the second line thereof;
(6) by the insertion of a comma after
the word “generating”’ appearing in the
second line thereof;
-(c) by the insertion of the words “and _
suey between the words “ distributing ”

and ‘‘a’’ appearing in the third line thereof.
8. Section 27 of the Principal Ordinance is amendment
hereby amended as follows:— or eecoma
of Principal

Ordinance,
(a) by renumbering the section as sub-

Shi :
Zr Vv. Sey:
LLpy 7a



ANTIGUA.

Repeal of
section 36 of
Principal
Ordinance,

Amendment
of section 46
of Principal
Ordinance,

2 Electricity, Ice and Cold No. 17 of 1953.
Storage (Amendment)

(6) by the substitution of a colon for the
fullstop appearing immediately after the word
“continues ” at the end thereof, and by the
addition thereafter of the following proviso:—

‘“‘ Provided further that the Board
shall not be compelled to give a supply
of energy to any premises unless they
are reasonably satistied that the electric
lines, fittings and apparatus therein are
‘in good order and condition, and not
calculated to affect injuriously the use
of energy by the Board or by any other
person.”; and

(c) by the addition thereto of the follow-
ing as subsection (2):—

(2) If any difference arises under
this section as to any alleged defect in
any electric lines, fittings, or apparatus,
such difference shall be determined by
arbitration.”

4. Section 36 of the Principal Ordinance is
hereby repealed.

5. Section 46 of the Principal Ordinance is
hereby amended as follows:—

(a) by renumbering the section as sub-
section (1);

_ (6) by the insertion in subsection (1) as
renumbered by this Ordinance, of the words
“or remuneration’? between the words
‘salary ’ and “out” appearing in the third
line thereof;

(c) by the addition thereto of the
following as sub-section (2):—

“(2) Any appointment made under
subsection (1) of this section may be
permanent or fulltime or may be made .
specifically for a particular period or
purpose,”



No. 17 of 1953. Electricity, Tce and Cold 3 AnTieva.
Storage (Amendment)

6. Section 47 of the Principal Ordinance is Amendment

Be Se 5 of section 47
hereby amended as follows:— of Prineipal
Ordinanee.

(a) by the tone of paragraph (6)
thereof; and

(6) by renumbering paragraphs (c) and
(d) as paragraphs (0) and (c) respectively.
7. Section 54 of the Principal Ordinance is_ Amendment
hereby amended as follows:— eo a
Ordinance,

(a) by the substitution of the words
“ Any officer of the Board” for the words
“ The Electric loepecier or any officer of the
Board”; and :

(b) by the insertion of the words “ or to
any consumer’ immediately after the word
‘“* Board” appearing in the sixth line thereof.

R. St. J. O. Wayne,
President.

Passed the Legislative Council this 2lat day |
of December, 1953. :

J. L. Rosiyson,
Clerk of the Council.

ANTIGDA.
Printed at the Government Printing Office, Leeward Ielands,
by E. M, BLackMAN, E.D.. Government Printer—By Authority.
1954,

460—2.04. [Price 5 sents. ]



» eG hn
© Re a iy Lee

Ka cei a

LEEWARDASLAND

aumeys “ee a
STATUTORY rte ih F

19538, No. Sat



Tur Harpours anp Roapsteaps (Overtime Freres) Ross,
1953, patep DrcemBer 7, 1953, MADE By THE Har-
BouR Master UNDER SECTION 13 or THE Harpovrs anp
Roapsteaps Act, 1894.

1. Citation. These rules may be cited as the Harbours
and Roadsteads (Overtime Fees) Rules, 1953 and shall be read
us one with the Rules made by the Harbour Master on 22nd
June, 1923, aud passed by the Legislative Council on 19th
December 1923, and approved by the Governor on the 20th
December 1923, as amended, hereinafter referred to as the
Principal Rules.

2, Amendment of Rule 4. For Rule 4 of the
Principal Rules the following Rule shall be substituted:—

“4. (1) Overtime Pay. Officers required to attend
vessels before or after ordinary office hours may be granted
overtime pay at the following rates:—

Scale A. For attendance on Sundays and Pub-
lic Holidays and any night between 10 p.m.
and 6 a.m.

Seale B. For attendance between 6 a.m. and
8 a.m. and between 4 p.m. and 10 p.m. on
ordinary working days and between 12 noon
and 4 p.m. on Saturdays.

Grade Hourly Rate of Overtime
Scare A. SCALE B.
Principal .. 96 cents .- 84 cents
Senior Clerk pe ptsk eee Sie liom
Junior Clerk Pi cumtiees ee OOL.
Engineer, Launch POT 5 ea AOE x
Chief Petty Officer ... 50 ,, woe 2400,
x Other Petty Officer ... 40 ,, Somer Veen
Sia 3 |
me 3
} f



2 3

Provided that except in the case of illness, or except in the
case of Sundays and Bank Holidays, no overtime pay shall be
paid unless the officer concerned has been on duty for forty-two
hours during the week in respect of which the overtime pay is
charged.

(2) In reckoning the number of hours during which an
officer has been on duty in any week the hours between 12 noon
and 1 p.m. allowed for luncheon shall be counted, but any
officer may be called upon to work during that hour and shall
in that case not be paid any overtime pay for work performed
during that time ”.

Made this 7th day of December, 1953.

Goprrry Ho,
Harbour Master.

Passed the Legislative Council this 21st day of December
1953.

J. L. Ros1nsoy,
Clerk of the Council.

Approved by the Governor this 30th day of December,
1953.

K. W. BiackBuRNE,
Governor.



ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Biacgman, E.D., Government Printer.—By Authority.
1954,
460—2.54. . [ Price 4 cents. }



de —~ 7

LEEWARD. ISLANDS.

MONTSERRAT.

STATUTORY RULES, AND ORDERS.
1954, No. 1.

PROCLAMATION DATED JUNE 4, 1954, BRINGING INTO OPERATION THE
INTERPRETATION OF Laws (AMENDMENT) ORDINANCE, 1954 (No. 7
oF 1954).



BY THE GOVERNOR OF THE LEEWARD ISLANDS.
A PROCLAMATION.

K. W. BrackBurng,
Governor.

WHEREAS by section 7 of the Interpretation of Laws (Amend-
ment) Ordinance, 1954 (Montserrat No. 7 of 1954) it is provided that
the said Ordinance shall come into operation on such day as the
Governor may appoint by proclamation published in the Gazette.

NOW, THEREFORE, I, Kennera Wirrtam BrackBurNe, a
Knight Commander of the Most Distinguished Order of Saint Michael
and Saint George, an Officer of thé Most Excellent Order of the British
Kmpire, Governor and Commander in Chief in and over the Colony of
the Leeward Islands and Vice Admiral of the same, do by this my
proclamation declare that the said Ordinance shall come into operation
on the 24th day of June, 1954.

AND all Her Majesty’s officers and loving subjects in the Presi-
dency of Montserrat and all others whom it may concern are hereby
required to take due notice hereof and to give their ready obedience
accordingly.

GIVEN at the Government [ouse, Antigua, this 4th day of
June, 1954, and in the third year of Her Majesty’s reign.

GOD SAVE THE QUEEN !

ANTIQUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackmay, E.D., Goverament Printer.—By Authority.
1954.

47/00183—460—6.54. [Price 3 cents.)

B20. 7297 |
1-489 4-



Publication Not Available

Supplement to
Leeward Islands Gazette
v. 82 no. 8, February 4, 1954

Montserrat Statutory Rules
and Orders
No. 2 of 1954



Full Text


VOL. LXXXII.



published op apes

THURSDAY, 4ru FEBUARY, 1954.

No. 8.





Notices,

International Regulations for
{Preventing Collisions at Sea.

he Collision Regulations (Ships
and Seaplanes on the water) and
Signals of Distress (Ships) Order,
1953, S.J. 1953 No. 1557 made under
Section 418 of the Merchant Ship-
ping Act, 1894 («#) came into opera-
tion on the Ist January, 1954.

2. The British Ships to which,
wherever they may be, the Collision
Regulations apply include, among
others :—

(a) Ships registered in the Colo-
nies under the Merchant Shipping
Act 1394,

(b) Ships registered under sec-
tion 88 of the Merchant Shipping
Act 1894.

(c) Ships registered in Colonies
ete.. which have their own Mer-
chant Shipping Legislation and
have repealed section 418 (1) of
'the Merchant Shipping Act 1894,
in its application to such ships, in
exereise of the powers conferred
by section 735 (1) of the Merchant
Shipping Act 1894.

_ §. Paragraph 3 of Article 1 of
the new Order revokes certain pro-
visions relating to aircraft on the
surface of the water which are con-
tained in the Air Navigation Order,
1949, and the Colonial Air Naviga-
tion Order, 1949, as subsequently
amended. The revoked provisions
are indicated in Part lI of the Third
Schedule to the Order. When the
Order comes into operation on the
Ast January, 1954 these provisions
will no longer he needed as seaplanes
on the surface of the water (except so
far as distress signals are concerned)
‘will thereafter be dealt with in the
Collision Regulations set out in the
First Schedule to the Order. Signals
of distress for aircraft are at present
dealt with in Schedule II of the Air
Navigation Order, 1949 and Sched-
ule II of the Colonial Air Navigation
Order, 1949 and these provisions will
be re-enacted in the new Air Naviga-
tion Order which is at present in
preparation and in the corresponding
Colonial Air Navigation Order.”

4. The following are some of the
more important changes: —
(i) They apply to seaplanes on the
water as wel] as to ships.

324,729
Lue ers

(ii) Under the existing Regulations
a second white masthead light is
optional. Under the new Regu-
lations the second light becomes
compulsory for power-driven
vessels under way except for
vessels less than 150 feet in
length and for vessels engaged
in towing.

(iii) The lights shown by fishing
vessels when fishing must be
visible at a distance of at least
two miles.

(iv) The stern light which under
the existing Regulations ie
optional becomes compulsory,
and its range of visibility is in-
creased from one to two miles.

(v) The range of visibility of
anchor lights is increased for all
vessels under 150 feet in length
from one to two miles and for
vessels of 150 feet in length and
over from one to three miles.
In day time vessels at anchor
must carry a black ball not less
than two feet in diameter in the
fore part of the vessel. Vessels
aground must carry in daytime
three black balls, placed in a
vertical line one over the other
and not less than six feet apart.

(vi) Vessels of more than 350 feet
in length when at anchor in fog,
mist, falling snow, heavy rain-
storms or any other condition
similarly restricting visibility
must, in addition to ringing a
bell in the forepart of the vessel,
sound in the after part a gong or
or other instrument, the tone and
sounding of which cannot be
confused with that of the bell.

(vii) A new sound signal (one pro-
longed blast of the whistle) is
prescribed for a power-driven
vessel nearing a bend in a chan-
nel where another power-driven
vessel might be approaching
from the other direction but
cannot be seen.

(viii) When a power-driven vessel
which, under the Regulations,
has to keep course and speed is
in sight of another vessel and is
in doubt whether the other vessel
is taking sufficient action to avert
collision, she may indicate her
donbt by giving at least five
short and rapid blasts on the
whistle.

5. The International Conference
on the Safety of Life At Sea, 1948
which approved the Regulations also



adopted the following recommenda-
tions:—

The Conference, while recognising
that the recent advances in radar
and electronic navigational aids.
are of great service to shipping,
is of the opinion that the posses-
sion of any such device in no
way relieves the Master of a ship
from his obligations strictly to
observe the requirements laid
down in the International Regu-
lations for Preventing Collisions
at Sea, and in particular the
obligations contained in Rules
15 and 16 of those Regulations,

Copies of the Order (Price 6.)
may be obtained from:—
Her Majesty’s Stationery Office,
York Honse, Kingsway,

London, W.C, 2.

Ref. No. A. 70/44



It is hereby notified for general
information that His Excellency the
Governor has issued a Commission te
the Honourable P. D. MACDONALD,
C.M.G., appointing him to be
Governor's Deputy during His.
Excellency’s absence from Antigua,
whilst paying a visit to St. Thomas,
American Virgin Islands, from the
5th to the 7th February, 1954.

The Seoretariat,
Antigua.
3rd February, 1954.

No, 13/00061

French Consular Represen-
tation.

It is notified for general informa-
tion thatthe Exequatur empowering
Monsieur ROBERT VICTOR to act as
Consul of France at Port of Spain for
Trinidad and Tobago, Jamaica,
Barbados, the Windward Islands,
Leeward Islands, Bahamas, Bermuda,
British Guiana and British Honduras
was signed on the 14th December,
1953.

The Secretariat,
Antigua,
30th January, 1954.

19/00001,
y

20 THE LEEWARD ISLANDS GAZETTE.

It is notificd for general informa-

_ tion that Mr. A. F. L. LOUISY hag

resumed his substantive duties as
Magistrate, District A and B, in the
Presidency of Antigua.

Administrator's Office,
Antigua.
Ist February, 1954.

Bef. No. A. 43/9.

It is notified for general informa-
tion that, under section 2 of the
Mot»r Vehicles Insurance (Third
Party Risks) Ordinance No. 11 of
1950, approval has been given an
application made by Alexander
Parrish (Antigua) Limited for the
Home Insurance Company of New
York to be recognised as “‘ authorised
insurers”.

Administrator’s Office,
Antigua.
lst February, 1954.

No. 9.

The Governor has been pleased,
this day, to assent to the undermen-
tioned Ordinances:—

Montserrat.

No. 1 of 1954, “The Cinemato-
graphs (General Legislature Compe-
tency) (Repeal) Ordinance, 1953.

Jan, 11

No. 2 of 1954, ‘‘The Supplemen-
tary Appropriation (1952) Ordinance,

1953 Jan. 11
No. 10.
The following Ordinance and

Statutory Rules and Orders are cir-
culaied with this Gazette and form
part thereof:—

ORDINANCE.

Antigua.

No. 17 of 1953. “ The Electricity,
Ice and Cold Storage (Amendment)
Ordinance, 1953.” 3 pp. Price 5c.

STATUTORY RULES & ORDERS.

Antigua.
No. 29 of 1953, ‘The Harbour
and Roadsteads (Overtime Fees)

Rules, 1953.” 2 pp. Price 4 cents.

Montserrat.

No. 1 of 1954, “The Cinemato-
graphs (General Legislature Compe-
tency) Ordinance, 1953.

2 pp. Price 4 cents.

No. 2 of 1954, ‘*‘The Supplemen-
tary Appropriation (1952) Ordinance,
1953.” 2 pp. Price 4 cents.

NATURALIZATION.

A Certificate of Naturalisation No.
1 of 1954 dated the 24th December,
1953, has been granted to Mr.
LOCKLING ANSWORTH TONGE known
as LAUCHLAND TONGE of Michael’s
Village, St. John’s, Antigua, under
the British Nationality Act, 1948.

The Secretariat,
Leeward Islands,
At Anitgua.

27th January, 1954.

Ref. No. 55/00018.



The Board of Health authorised
under Section 2 of the Board of
Health Ordinance, 1859 has been
reconstituted by the Acting Commis-
sioner of the Virgin Islands with the
following membership:—

The Medical Officer (Chairman)
Hon. J. O. GtorGEs, M.B.E.
Rev. D. HENRY

Mr. J. R. O'NEAL

Mr. R. Roy

Miss B. ABBOTT (Secretary)

Commissioner’s Office,
Tortola,

British Virgin Islands,
30th December, 1953.

36/00002,



TRADE MARKS OFFICE,
ANTIGUA, 2nd February, 1954.

STABILIMENTI DEMANIALI
RECOARO SOCIETA PER AZIONI
of Via Carlo Poerio No. 39, Milan;
Italy have applied for Registration of
one Trade Mark consisting of the
following:—

CHINGTTO RECOARO

in class 44 that is to say :—
Non alcoholic beverages

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for seven
years before the date of their said
Application.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.

A. R. MBADE,
Acting Registrar of Trade Marks.

| 4 February, 1954.

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

NEVIS CIRCUIT.
A.D.1954.

NOTICE is hereby given that in
pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Leeward
Islands (Courts! Order-in-Council,
1939 and duly approved as therein
provided on the 16th day of October,
A.D. 1941, The Honourable the
Puisne Judge selected for the sitting
of Court in the NEVIS CIRCUIT
has appointed the day of the month
on which the ensuing Cirenit Court
shall sit as follows, that is to say: —

THE NEVIS CIRCUIT on Monday
the 12th day of April, 1954 at 10
o’clock in the forenoon.

Dated the 25th day of January,
1954.
D. S. BROOKES,
Registrar of the Supreme Court. .

Ref. No. 26/00002.



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

SAINT CHRISTOPHER CIRCUIT.

A.D. 1954.
NOTICE is hereby given that in
pursuance of Rules made by the Chief
Justice under Section 16 of the
Windward Islands and Leeward
Islands (Courts) Order-in-Council
1939, and duly approved as therein
provided on the 16th day of October,
A.D. 1941, The Honourable the
Puisne Judge selected for the sitting
of the Court in the Saint Christopher
Circuit has appointed the day of the
wonth on which the ensuing Circuit
Court shall sit as follows, that is
to say :—



The Saint Christopher Circuit on
FRIDAY. the 26th day of FEBRU-
ARY, 1954 at 10 o’clock in the fore-
noon.

Dated the 25th day of January,
1954.

D. 8S. BROOKES,
Registrar of the Supreme Court.

RAINFALL FIGURKS.

Central Experiment Station,

Antigua.
1950. 1951. 1952. 1953. 1954.
Jan, 23 4.29 282 1.17 1.72 287


4 February, 1954.] THE LEEWARD ISLANDS GAZETTE. 21

TRADE MARKS OFFICE,
Anticua, 2nd Frpruary, 1954.

NESTLE’S PRODUCTS LIMITED of 309, North Side of Bay Street, Nassau, Bahama
Islands have applied for Registration of one Trade Mark consisting of the following:—

- ‘@ \eere By,
M| Se | Bee
Baa EGOS HAA Bese / tn carer yan macs wien \ eet
Geet | GRIKLUGEHINIUCINNTE A

| RE

ABBBATIMYRUCHN A AIT
| mnt



in Class 42 that is to say:—
Milk, milk products of all kinds, including cheese and butter.

The Applicants claim that they have used the said Trade Mark in respect of the said goods
for three months 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 registration of the said Trade Mark.

_ A. R. Means,
Acting Registrar of Trade Marks.





BANKING STATISTICS: LEEWARD ISLANDS

All figures in British West Indian dollars.

Number of reporting banks: 2 (Barclays Bank (D.C. & O.) and Royal Bank of Canada).
Figures for end of quarter 31st December, 1953.



LIABILITIES $ ASSETS $
1. Notes in circulation 11,205.00 1, Cash 1,130,785.95
2. Deposits 9,001,943.42 2. Balances due by other banks
(i) Demand = 3, 450,572.04 in Colony 12,307.50
(ii) Time 184,188.66
(iii) Savings 5.367,182.72
3. Balances due to 3. Balances due from banks abroad
(a) Other banks in Colony 265,730.24 and other short claims due by 6,777,169.9L
(6) Banks abroad 216,917.26.
4. Other Liabilities, etc. 204,954.35 4. Loans and Advances To:— 1,233,151.60
(i) Primary produc-
tion (including
processing of
primary pro-
ducts) 10,425.55
i (ii) Other industries
(including Com-
merce, Trans-
portation and
Distribution) 769,559.12
(iii) Other advances 453,166.92
5. Investments
(a) Local _—
(6) Other —
6. Other Assets 547,335.31
Total Liabilities 9,700,750.27 . Total Assets 9,700,750.27

— el


22 THE LEEWARD ISLANDS GAZETTE. [4 February, 1954.

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD
ISLANDS.

ANTIGUA CIRCUIT
(APPELLATE JURISDICTION)

Appeal No.7 of 1953.

Between:—
Ivan Epwarps Appellant (Defendant)
and
JosepH KH. Byron Respondent (Complainant)

(Jnspector of Police)

Before:— Darr, J.
S. T. Curistran for Appellant.
A. F. Lovrsy (Acting Crown Attorney) for Respondent,

JUDGMENT.

The appellant was convicted by the Acting Magistrate, District “ A”, for failing to com-
ply with regulation 19 (11) of the Vehicles and Road Trattic Regulations, 1946. That regulation
provides that every driver of a motor vehicle shall, when about to stop the vehicle on any road,
draw up as close »s possible to the side of the road so as to allow a clear roadway for passing traffic.

The facts found by the learned Magistrate are stated in his Reasons for Decision which,
for convenience, are set out in extenso:

“ The charge against the appellant arose out of a collision on 18th May 1953 hetween.
A.G. 858 driven by the appellant and A.G. 159 driven by Hrnest Joseph, who was
charged with driving without due care and attention contrary to Section 53 of the Motor
Vehicles and Road Traffic Ordinance 1946 (No. 5/1946). The evidence for the prosecu-
tion being the same for both charges, and the appellant consenting, they were both heard
together.

At the close of the case for the prosecution the evidence presented to the court may
be summarised as follows:—

A.G. 808 driven by the xppellant was proceeding south along Market Street. Some-
where along that section of Market Street between Tanner Street and South Street A.G.
808 stopped. In the position where it stopped there was a space of 7 ft. between the left
front wheel and the east kerb of Market Street, and a space of 7 ft. 10'' between the left
rear wheel and the East Kerb, this kerb being, wis @ vis A.G. 808, the left hand kerb.
There was no evidence that .t the time of stopping there was any reason why A.G. 808
could not have pulled up next to its left hand (i.e. eastern) kerb instead of 7 ft. away
from it. Sergeant Roberts gave evidence that he visited the scene and that an eye-wit-
ness—one James Dor—told him in the appellant’s presence that when the latter stopped he
was speaking to someone in a shop on the east side of the street. He further gave evi-
dence that Dor refused to give a statement to the Police. Dor was summoned as a wit-
ness and gave evidence that when the appellant stopped he was looking in the shop on
the side of the Streef.

Vehicle A.G. 159 was proceeding north along Market Street. According to Dor’s
evidence, as A.G. S08 and A.G. 159 “ came together”, A.G. 808 stopped, while A.G. 159
went on and the right sides of the vehicles scraped each other. According to the evidence
of Harry Goodwin A.G. 808 came to a stop when A.G. 159 was about 20 ft. away. The
court came to a conclusion that A.G. 808 came to a halt just before the collision, 7.¢. that
when the front of A.G. 159 passed the front of A.G. 808 the latter was at a standstill.

At the close of the prosecution’s case Mr. Christian submitted that (i) the Regulation
under which the appellant was charged did not apply to cases where a vehicle was
forced to stop by reason of the nature of the traffic, e.g. in order to avoid an accident, and
(ii) that there was no evidence before the court that the appellant had Toes for any
reason other than the circumstances of the traffic.

In view of the evidence of Set. Roberts and James Dor, and the fact that at the time
of stopping the appellant was (accepting the least incriminating version) looking into the
shop on the east side i.e. away from the approaching vehicle A.G. 159, and bearing in
mind that the reason for stopping was a fact peculiarly within the knowledge of the
appellant, the court was of the opinion that a prima facie case had been established, and

called upon the appellant to make hix defence. ‘he appellant gave no evidence nor
made any statement and was thercfore convicted.”
4 February, 1954. | THE LEEWARD ISLANDS GAZETTE. 23

_In this Court Mr. Christian, for the appellant, repeated the arguments advanced by him
in the Magistrate’s Court and submitted that what James Dor told Sergeant Roberts after the
-accident was not evidence; that Dor gave evidence in Court and said nothing about the appellant
speaking to anyone in a shop on the eastern side of the street. It is observed, however, that
though the learned Magistrate in his Reasons for Decision adverts to the evidence given by
Sergeant Roberts as to what was said in the presence of the appellant after the accident, he does
not base his decision unon the statement alleged to have been made to Sergeant Roberts by Dor.
The learned Magistrate clearly indicates that he accepted “ the least incriminating version ’—that
the appellant was merely ‘‘ looking into the shop on the eastern side 7.e. away from the approach-
ing vehicle A.G. 159”. On that uncontradicted testimony the Magistrate drew the inference, as
he was entitled tc do, that the approach of A.G. 159 was not the reason for the stopping of the
appellant’s car.

Mr. Christian also submitted that the learned Magistrate’s conclusion that A.G. 808 could
and should have been pulled up closer to the eastern side of the street is against the weight of
evidence and wrong in !:w. As to the law, he urged that so long as the appellant’s car was stopped
sufficiently close to the ieft side of the street to permit of the passage of traffic then on the street
no offence was committed. The regulation, be it noted, requires every driver to “draw up as close
as possible to the side of the road so as to allow a clear roadway for passing traffic.” The leaving of
-a clear roadway for passing traffic is undoubtedly the object which the Governor in Council had
in mind in making the regulation, but the Governor in Council went further and stated how
that object was to be achieved. It is not open to a driver to say that though he stopped his car
in the middle of the road he has complied with the regulation because other persons then using the
road had sufficient room to pass.

On the question of fact, whether A.G. 808 could have been pulled up closer to the eastern side
of the street,:Mr. Christian referred to the evidence of Harry Goodwin, a witness for the prosecu-
tion, who said: ‘I do not know why the car stopped. ‘here were people on the side of the road—
between sidewalk and the car”. James Dor on the other hand is recorded as having stated: “ I did
not see anything to prevent car stopping right at side of road. He (the driver) said the garbage
pan prevented him, but the pan was right next to the telephone post and did not prevent him from
stopping right next to side of road.” Dor’s evidence generally was accepted by the Magistrate, and it
seems clear that his evidence on this particular point was also accepted. Nevertheless, all that the
Magistrate says in this connection is: “There was no evidence that at the time of stopping there
was any reason why A.G. 808 could not have pulled up next to its left hand (i.e. eastern) kerb
instead of 7 ft. away from it.” Mr. Louisy, for the respondent, pointed out that Goodwin’s evi-
dence is silent as to the precise stage at which there were people between the sidewalk and the car
and contended that looking at the case as a whole it was not reasonable to suppose that the learned
Magistrate had overlooked Goodwin’s evidence. The view I take of the matter is that even if
there were people on the left side of the road when the appellant was about to stop his car, it was
his duty to sound his horn and get them to move so as to enable him to pull up reasonably close to
the sidewalk. ‘There is no evidence of any such effort having been made.

The appeal is dismissed with costs £38 3. 0.

W. A. Dare,
Puisne Judge.
7th January, 1954.
24 THE LEEWARD ISLANDS GAZETTE. [4 February, 1954.
IN THE COURT OF SUMMARY JURISDICTION OF THE LEEWARD ISLANDS.
(ANTIGUA CIRCUIT)

(APPELLATE JURISDICTION)

Appeal No. 14 of 1958.

Between:—

Kart JosEra Appellant (Defendant)
and
JoserH EK. Byron Respondent (Complainant)
(inspector of Police)
Bejore:— DATE, J.

HK. EK. Harney for Appellant
D. A. ve Frerras (Acting Crown Attorney) for Respondent.
JUDGMENT.

On 29th September, 1953, the appellant was convicted by the Acting Magistrate of District
“A” for stealing predial produce to the value of $2.90 and was sentenced to three months imprisonment
with hard labour. Against that conviction and sentence he has appealed, the grounds of appeal being—-

(1) that there was no evidence to show that the place where tie offence is alleged to have
been committed—z.e. Greencastle Station—is in the Magisterial District “A”; and

(2) that the sentence imposed is excessive.

As regards his first ground of appeal, it is not contended that Greencastle is not within District
“A”, but that there was no proof of it. A similar question was raised in 1951 in TAihow v Bowery in
the Court of Appeal for the Windward Islands and Leeward Islands. The Court was not called upon to
give a concluded opinion on the point, but it nevertheless referred to the old case of A. v. Whitiles,.
(1849) 13 Q.B. 248, and expressed the view that a magistrate can properly take judicial notice of the
magisterial divisions of a Presidency. In any case, the submission made on behalf of the appellant is one
which goes to the jurisdiction of the court of first instance. The objection was not taken on the hearing
of the complaint in that court, and it is not competent for the appellant to raise it now.

On the question of sentence, it was urged on behalf of the appellant that he is only twenty-two.
years old and has no previous convictions. These are matters which should be taken into account in
considering sentence; but there are other factors which also have to be taken into consideration. It is,
for instance, observed that as recently as 1949 the Legislature of this Colony deemed it necessary to pass
a special Act for the protection of the producers of priedial produce. The maximum punishment
preacribed for a first offence under that Act is twelve months imprisonment with hard labour, plus a fine
of $240.00, plus compensation. And the circumstances surrounding the cominission of this particular
offence are not favourable. ‘I'he evidence shows that for some time produce had been missing from
Greencastle Station, to such an extent, indeed, that two night-watchmen had to be engaged. Then one
night, around midnight, just as the. moon had gone dow n, the appellant, who lives nearby, was.
discovered in the garden. In these circumstances | see no reason for interfering with the punishment.
awarded by the learned trial Magistrate.

The appeal is therefore dismissed, with costs £38. 3. 0.

W. A. Darter,
Puisne Judge.
7th January, 1954.
4 February, 1954. ]

THE LEEWARD ISLANDS GAZETTE. 25

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS

‘

(ANTIGUA CIRCUIT)
A.D. 1954.

Notice is hereby given thatthe Honourable Puisne Judge has appointed the sitting of the Supreme Court of
the Windward Islands and Leeward Islands at which the following causes will be heard.

The hour at which the Court will sit will be at 9.30 o’clock in the forenoon in each case:—

Date.
1/2/54

Date.
8/2/54

”

10/2/54

Date.

15/2/54

”

APPEALS.

Appellant. Respondent.
Doris Stevens Mary Martin
Martin Branch Cecil Potter
Leon Cort Edgar T. Tonge

(Inspector of Police)

MATRIMONIAL CAUSES.

Petttioner’. Respondent.
Joseph Evans Fenton Enesta Vernella Fenton
Charles Frederick Walker Althea Elese Walker
David Charles Gwendolyn Charles
Charles Adolphus King Mary Juanita King
William John Abbott Olga Eugenie Abbott

SUPREME COURT.
Plaintiff. Defendant.
James Francis Matilda Martin
Leonard Perry Arthur Tomlinson
Samuel Jarvis John Harold Moore
Samuel Dennis Gabriel Geo. W. Bennett Bryson & Co. Ltd.
Desmond Joseph Alfred Edwards
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.
Appellant. Respondent.
Stanley R. Walter The Commissioners of Income Tax
Geo. W. Bennett Bryson & Co. Ltd. as
Leonard Maguire ee

‘Dated the 22nd day of January, 1954.

A. R. MEADE,
Acting Registrar of the Supreme Court.
26

THE LEEWARD ISLANDS GAZETTE.

[4 February, 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 fer sitting of
the Court 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.
22/2/54

Plaintiff.

Marietta Walter
Relton Hughes
HKvelyn George
William Lewis
Cecil F. Peters
Rachael Walker
William Lewis
Charles Joseph

Iris Colbourne

George Herbert Walter
Novel Burke

Alberta Johnson
Alford Henry

Rachael Spencer

Dated the 22nd day of January, 1954.

ANTIGUA.

Government Printer.—By Authority.
194,

Acting Registrar of the Supreme O

Defendant.

Reginald Gonsalves
Ernest Athill

Norris Hunt

Harold Hairall

Arnold Martin
Anthony Brown
Binton & Maud Hairall
Emanue! Joseph

Elisha Spencer

Joseph Gillan

James Harrigan

Raymond Lloyd

Robert Joseph

Papa Burnes & Harold Weekes.

A. R. MEADE,

Jourt...

Printed at the Government I’rinting Office, Leeward Islands, by E. M. Bu: cKmAN, BD,

[Price 27 cents. }:
A oe

No. 17 of 1953. Electricity, Ice and Cold ANTIGUA.
Storage (Amendment)

(1.8.] AG
I Assent,
K. W. Bracks oe

Governor,



ANTIGUA.
No. 17 of 1953.

An Ordinance to amend further the Electricity,
Ice and Cold Storage Ordinance, 1948,

BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:—

1. This Ordinance may be cited as the Short title,
Electricity, Ice and Cold Storage (Amendment): ¢/:3i8°
Ordinance, 1953, and shall be read as one with the 2/1952.
Electricity, [ce and Cold Storage Ordinance, 1948,
as amended (hereinafter called the nna Ordi-

nance).

2. Puragraph (a) of subsection (2) of sec- Amendment
tion 13 of the Principal Ordinance is hereby cept

amended. as follows:— Ordinance.
(a) by deletion of the word “and”
appearing in the second line thereof;
(6) by the insertion of a comma after
the word “generating”’ appearing in the
second line thereof;
-(c) by the insertion of the words “and _
suey between the words “ distributing ”

and ‘‘a’’ appearing in the third line thereof.
8. Section 27 of the Principal Ordinance is amendment
hereby amended as follows:— or eecoma
of Principal

Ordinance,
(a) by renumbering the section as sub-

Shi :
Zr Vv. Sey:
LLpy 7a
ANTIGUA.

Repeal of
section 36 of
Principal
Ordinance,

Amendment
of section 46
of Principal
Ordinance,

2 Electricity, Ice and Cold No. 17 of 1953.
Storage (Amendment)

(6) by the substitution of a colon for the
fullstop appearing immediately after the word
“continues ” at the end thereof, and by the
addition thereafter of the following proviso:—

‘“‘ Provided further that the Board
shall not be compelled to give a supply
of energy to any premises unless they
are reasonably satistied that the electric
lines, fittings and apparatus therein are
‘in good order and condition, and not
calculated to affect injuriously the use
of energy by the Board or by any other
person.”; and

(c) by the addition thereto of the follow-
ing as subsection (2):—

(2) If any difference arises under
this section as to any alleged defect in
any electric lines, fittings, or apparatus,
such difference shall be determined by
arbitration.”

4. Section 36 of the Principal Ordinance is
hereby repealed.

5. Section 46 of the Principal Ordinance is
hereby amended as follows:—

(a) by renumbering the section as sub-
section (1);

_ (6) by the insertion in subsection (1) as
renumbered by this Ordinance, of the words
“or remuneration’? between the words
‘salary ’ and “out” appearing in the third
line thereof;

(c) by the addition thereto of the
following as sub-section (2):—

“(2) Any appointment made under
subsection (1) of this section may be
permanent or fulltime or may be made .
specifically for a particular period or
purpose,”
No. 17 of 1953. Electricity, Tce and Cold 3 AnTieva.
Storage (Amendment)

6. Section 47 of the Principal Ordinance is Amendment

Be Se 5 of section 47
hereby amended as follows:— of Prineipal
Ordinanee.

(a) by the tone of paragraph (6)
thereof; and

(6) by renumbering paragraphs (c) and
(d) as paragraphs (0) and (c) respectively.
7. Section 54 of the Principal Ordinance is_ Amendment
hereby amended as follows:— eo a
Ordinance,

(a) by the substitution of the words
“ Any officer of the Board” for the words
“ The Electric loepecier or any officer of the
Board”; and :

(b) by the insertion of the words “ or to
any consumer’ immediately after the word
‘“* Board” appearing in the sixth line thereof.

R. St. J. O. Wayne,
President.

Passed the Legislative Council this 2lat day |
of December, 1953. :

J. L. Rosiyson,
Clerk of the Council.

ANTIGDA.
Printed at the Government Printing Office, Leeward Ielands,
by E. M, BLackMAN, E.D.. Government Printer—By Authority.
1954,

460—2.04. [Price 5 sents. ]
» eG hn
© Re a iy Lee

Ka cei a

LEEWARDASLAND

aumeys “ee a
STATUTORY rte ih F

19538, No. Sat



Tur Harpours anp Roapsteaps (Overtime Freres) Ross,
1953, patep DrcemBer 7, 1953, MADE By THE Har-
BouR Master UNDER SECTION 13 or THE Harpovrs anp
Roapsteaps Act, 1894.

1. Citation. These rules may be cited as the Harbours
and Roadsteads (Overtime Fees) Rules, 1953 and shall be read
us one with the Rules made by the Harbour Master on 22nd
June, 1923, aud passed by the Legislative Council on 19th
December 1923, and approved by the Governor on the 20th
December 1923, as amended, hereinafter referred to as the
Principal Rules.

2, Amendment of Rule 4. For Rule 4 of the
Principal Rules the following Rule shall be substituted:—

“4. (1) Overtime Pay. Officers required to attend
vessels before or after ordinary office hours may be granted
overtime pay at the following rates:—

Scale A. For attendance on Sundays and Pub-
lic Holidays and any night between 10 p.m.
and 6 a.m.

Seale B. For attendance between 6 a.m. and
8 a.m. and between 4 p.m. and 10 p.m. on
ordinary working days and between 12 noon
and 4 p.m. on Saturdays.

Grade Hourly Rate of Overtime
Scare A. SCALE B.
Principal .. 96 cents .- 84 cents
Senior Clerk pe ptsk eee Sie liom
Junior Clerk Pi cumtiees ee OOL.
Engineer, Launch POT 5 ea AOE x
Chief Petty Officer ... 50 ,, woe 2400,
x Other Petty Officer ... 40 ,, Somer Veen
Sia 3 |
me 3
} f
2 3

Provided that except in the case of illness, or except in the
case of Sundays and Bank Holidays, no overtime pay shall be
paid unless the officer concerned has been on duty for forty-two
hours during the week in respect of which the overtime pay is
charged.

(2) In reckoning the number of hours during which an
officer has been on duty in any week the hours between 12 noon
and 1 p.m. allowed for luncheon shall be counted, but any
officer may be called upon to work during that hour and shall
in that case not be paid any overtime pay for work performed
during that time ”.

Made this 7th day of December, 1953.

Goprrry Ho,
Harbour Master.

Passed the Legislative Council this 21st day of December
1953.

J. L. Ros1nsoy,
Clerk of the Council.

Approved by the Governor this 30th day of December,
1953.

K. W. BiackBuRNE,
Governor.



ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Biacgman, E.D., Government Printer.—By Authority.
1954,
460—2.54. . [ Price 4 cents. }
de —~ 7

LEEWARD. ISLANDS.

MONTSERRAT.

STATUTORY RULES, AND ORDERS.
1954, No. 1.

PROCLAMATION DATED JUNE 4, 1954, BRINGING INTO OPERATION THE
INTERPRETATION OF Laws (AMENDMENT) ORDINANCE, 1954 (No. 7
oF 1954).



BY THE GOVERNOR OF THE LEEWARD ISLANDS.
A PROCLAMATION.

K. W. BrackBurng,
Governor.

WHEREAS by section 7 of the Interpretation of Laws (Amend-
ment) Ordinance, 1954 (Montserrat No. 7 of 1954) it is provided that
the said Ordinance shall come into operation on such day as the
Governor may appoint by proclamation published in the Gazette.

NOW, THEREFORE, I, Kennera Wirrtam BrackBurNe, a
Knight Commander of the Most Distinguished Order of Saint Michael
and Saint George, an Officer of thé Most Excellent Order of the British
Kmpire, Governor and Commander in Chief in and over the Colony of
the Leeward Islands and Vice Admiral of the same, do by this my
proclamation declare that the said Ordinance shall come into operation
on the 24th day of June, 1954.

AND all Her Majesty’s officers and loving subjects in the Presi-
dency of Montserrat and all others whom it may concern are hereby
required to take due notice hereof and to give their ready obedience
accordingly.

GIVEN at the Government [ouse, Antigua, this 4th day of
June, 1954, and in the third year of Her Majesty’s reign.

GOD SAVE THE QUEEN !

ANTIQUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackmay, E.D., Goverament Printer.—By Authority.
1954.

47/00183—460—6.54. [Price 3 cents.)

B20. 7297 |
1-489 4-
Publication Not Available

Supplement to
Leeward Islands Gazette
v. 82 no. 8, February 4, 1954

Montserrat Statutory Rules
and Orders
No. 2 of 1954