|
Citation |
- Permanent Link:
- http://ufdc.ufl.edu/UF00076863/00212
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:
- Jul 29, 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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‘ lay,
&y Ka Chae
EOiy > = At: fi pion
EMSs ES Fe tee
(Amend-
BS VOL. LXXXII.
——————
Tu Staff Side. The Dangerous Drugs
N otices. ment) Act, 1954.
Mr. H. ©. C. Moorr (Principals
> — and Heads of Departments). The Public Holidays Act, 1954.
It is hereby notified for general in- Mr. R. 8S. Byron (Senior and The Supplementary Appropriation -
formation that His Exellency the Junior Clerks). (1952) Act, 1954.
| Governor has issued a Commission
to the Honourable P. D. MACDONALD, Mr. J. A. O’MARD (Institutions). —_-——
C.M. G., appointing him to be Gover-
nor’s Deputy during His lxellency’s
forthcoming absence from Antigua,
whilst paying a visit to the British
Virgin Islands from the 30th July to
the llth August, 1954.
The Secretariat,
Antigua,
26th July, 1954.
Ref. No. 13/00061.
It is notified for general information
that a Whitley Council for the Presi-
dency of Antigua has been established.
2. The objects of the Council
shall be to secure the greatest measure
of cooperation between Government
in its capacity of employer, and civil
* gervants in matters affecting the civil
service, with a view to increasing
efficiency in tHe public service com-
bined with the well being of those
employed; to Srovide machinery to
deal with grievances; and generally
to bring together the experience and
different points of view of civil
servants.
3. The Council consists of eight
members, four of whom shall repre-
sent the Administration (the official
side) and four of whom shall represent
civil servants (the staff side). In this
connection, the Administrator hag
been pleaged to appoint the following
persons as members to the Antigua
Whitley Council until the 31st
March, 1955:—
Official Side.
The Administrative Secretary
(Chairman).
The Labour Commissioner.
The Asst. Administrativé Secretary,
Public Works and Communica-
tions.
The Asst. Administrative Secretary,
Medical.
G72 97
ape Ol
Mr. W. BUNTIN (Peity Officers).
Administrator's Office,
Antigua.
24th July, 1954.
Ref. No. A. 13/136.
CONFIRMATION OF ORDINANCES.
No. 6.
The Secretary of State for the
Colonies has informed the Governor
that the power of disallowance will
not be exereised in respect of the
undermentioned Ordinances:—
St. Kitts-Nevis-Anguilla.
No. 6 of 1954,
Ordinance, 1954.â€
“The Aerodromes
Virgin Islands.
No. 5 of 1954, “The Appropriation
Ordinance, 1954.â€
No. 70.
The following Bills, which are to
be introduced in the General Legisla-
tive Council of the Leeward Islands
are published with this issue of the
Gazette and form part thereof:—
The Magistrates Code of Procedure
(Amendment) Act, 1954.
The Small Tenements
ment) Act, 1954.
(Amend-
The Currency (Amendment) Act,
1954.
The Virgin Islands (Commissioner
of the Supreme Court) Validation
Act, 1954.
The Telecommunications (Amend-
ment) Act, 1954.
The Forgery Act, 1954.
The Evidence (Amendment) Act,
1954,
The Travelling and Subsistence
Allowances (Repeal) Act, 1954.
No. 71.
The following Statutory Rules and
Orders are circulated with this Gazette
and form part thereof:—
General Government.
No. 31 of 1954, “The Post Office
(Amendment) Rules, 1954.â€
8 pp. Price 10 cents.
No. 32 of 1954, “The Stemps
(Invalidation) Order, 1954.â€
lpp. "rice 3 cents.
Invalidation of Stamps.
It is hereby notified for general
information that, in accordance with
the provisions of the Stamp (Invali-
dation) Order, 1954 (General Govern-
ment S. R. & O. 1954, No. 32), the
special issue of stamps originally
authorised for use by and under the
Stamps (Silver Wedding Commemo-
ration) Order, 1948 (General Govern-
ment S. R. & O. 1948, No. 30), the
continued use whereof was authorised
by the Stamps (Continuance of nse)
Order, 1953 (General Government
8. R. & O. 1953, No. 21), will no
longer be used for the payment of
postage or stamp duties after the 3lst
January, 1955.
2. Provision has, however, been
made in the Invalidation Order fora
period of grace of three. months
thereafter, that is on or before the
30th April, 1955, within which hold-
ers of stamps invalidated by the
Order may effect their exchange at
any Post Office in the Colony in
respect of a Leeward Islands stamp
and at a Post Office in the Presidency
of issue in respect of a Presidential
stamp for stamps of equivalent value
authorised for use in such Presidency
or Colony.
The Secretariat,
Leeward Islands,
at Antigua.
29th July, 1954.
(M. P. 62/0009),
140
TRADE MARKS OFFICE,
ANTIGUA, 27th July, 1954.
CARREARS LIMITED of Arcadia
Works, Hampstead Road, London,
N. W., England, have applied for
Registration of two Trade Marks
consisting of the following:—
(1)
CARRERAS LIMITED
LONDON. ENGLAND.
in Class 42 that is to say:—
Tohacco whether manufactured or
unmanufactured,
The Applicants claim that they have
used the said Trade Mark in respect
of the said goods for thirty & four
years respectively 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.
J. D. B. RENWICK,
Ag. Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA, 19th July, 1954.
CATERPILLAR TRACTOR CO.,
of 800 Davis Street. San Leandro,
State of California, United States of
America, have applied for Registra-
tion of one Trade Mark consisting of
the following:—
CAT
in Classes 6 and 7, that is to say:
Class 6, —Machinery of all kinds,
and parts of machinery, except
agricultural and horticultural
machines and their parts.
Class 7 —Agricnltural and horti-
etltural machinery, and parts of
such machinery.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for four and
one and a half years respectively
before the date of their said
Application.
THE LEEWARD ISLANDS GAZETTE.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Lezward Islands Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.
J. D. B. RENWICK,
Ag. Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA, 19th July, 1954.
CUSSONS, SONS & COMPANY
LIMITED, of Kersal Vale Works,
Moor Lane, Kersal, Manchester
England, have applied for Revistra-
tion of one Trade Mark consisting of
the following:---
IMPERIAL LEATHER
in class 48 that is to say:—Perfumery
(including toilet articles, preparations
for the teeth and hair and perfumed
soap).
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for 12 years
before the date of their said
Application.
Any person may within three
months from the date of the first
apperance olf 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.
J. D, B. RENWICK,
Acting Registrar of Trade Marks.
Applications are invited from quali-
fied persons (men or women) for
appointment as Administative Assist-
ants (Cadet) in the Administative
Service of the Government of Jamiaca.
The post is non-pensionable and
carries a salery of £500 a year.
Successful candidates, provided they
pass the prescribed medical examina-
tion, will be appointed on probation
for a period of three vearsand if their
service is satisfactory will be eligible
for appointment to the pensionable
post of Administrative Assistant
(£620-25-770-920): promotion to the
post of Administrative Assistant will
normally take place at the end of the
probationary period, but cadets show-
ing Administrative ability may be
considered for such promotion before
the end of this period.
Cadets will normally be attached on
appointment either to the Colonial
Secretary’s Office or to one of the
Ministries, and will be liable to
transfer between one Ministry and
another in order to gain experience.
Cadets may be required to take a
course of training in the United King-
dom after serving for about 1 year; this
training will usually take the form of
the Overseas Training Course “ A†at
Oxford or Cambridge; free passages to
and from the United Kingdom will
be provided and subsistence allowance
paid.
—
[29 July, 1954
Candidates should possess a recog~
nised University degree andshould not
be less than 21 years of age or older
than 26 years of age at the date of
application. Applications in writing
should be forwarded to reach the
Colonial Secretary’s Office (Establish-
ments Branch), Kingston, Jamaica,
not later than the 30th of September,
1954.
J. W. H. O'REGAN,
Acting Colonial Secretary,
Jamaied.
Statement of Currency Note
Circulation in the British
Caribbean Territories*(Hast-
ern Group) on ist July,
1954.
Average Cirenlation during May:—
i
>
Br. Caribbean Cur-
rency Notes 49,698,439.00
Gov't Currency Notes 2.201.385.00
51,899,824.00
Br. Caribbean Currency Notes:—
°
Trinidad & Tobago
(including
Montserrat) ... 24,116,367.00
Barbados ... 5,808,400.00
British Guiana . 12,796.785.00
Grenada 1,653,100.00
526.400.00
860,000.00
St. Vincent
St. Lucia
Dominica 943,400.00
Antigua 1,421.300.00
St. Kitts 1,516,500.00
Total Br. Caribbean
Currency Notes ... 49,642,252.00
Trinidad and Tobago
Government Note
circulation ‘... 1,408,624.00
Barbados Government
Note circulation
Br. Guiana Government
Note circulation:
162,448.00
524,768.00
Total Government
Note circulation ... 2,095,840.00
Total circulation on
Ist July, 1954 51,738,092.00
L. SPENCE,
Merecutive Commissioner,
British Caribbean
Currency Board.
British Caribbean Currency Board,
Treasury Chambers,
Port of Spain,
Trinidad, BLW.I.
Ref. No. 24/00027.
RAINFALL FIGURES.
Central Experiment Station,
Antigua.
1950, 1951, 1952. 1953. 1954,
Jan, 5.41 3.60 2.41 1.98 3.04
Feb 2.52 188 1.60 1.02 2.45
Mar. 158 1.09 1.62 5.60 1.08
Apr. 2.44 216 3.14 2.06 49
May 2.06 10.54 3.07 1,50 3.83
June 1.66 2.74 5.7 1.31 3.32
July 24, 1.75 1.89 8.33 2.78 2.52
17.42 28.90 25.91 16.20 16.73
PS aaa!
29 July, 1954] THE LEEWARD ISLANDS GAZETTE. 141
IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS
(ANTIGUA CIRCUIT)
(APPELLATE JURISDICTION)
Appeal No. 1 of 1954
Between:
Peart Lewis Appellant.
and
JosEerH I. Byron
(Inspector of Polree) Respondent.
Before:— DATE, J.
S. T. Christian for Appellant
A. F. Louisy (Acting Crown Attorney) for Respondent.
JUDGMENT.
The appellant and her husband were tried toyether and were both convicted by an Acting
Magistrate of District A for keeping for sale by retail certain intoxicating liquor, to wit, rum, without
being duly licensed to sell the same, contrary to section 23 of the Antigua Licensing Act, No. 4 of 1879.
The relevant portion of that section, as replaced by the Antigua Ordinance No. 12 of 1921, reads
as follows:—
23. Any person who sells or offers for sale or keeps or exposes for sale wholesale
or by retail any intoxicating liquor without being duly licensed to sell the same, or at any
place where he is not authorised by his licence to sell the same, shall be liable to the following
penalties:
(1) For the first offence he shall be liable to a penalty not exceeding Fifty
pounds, or to imprisonment with or without hard labour for a term not exceeding
one month.
Neither the appellant nor her husband was represented by counsel in the Magistrate’s Court,
and no appeal against conviction was lodged by or on behalf of the husband. It is now urged by counsel
for the appellant, firstly that since her husband and herself were occupying the premises where the ruin
was found and her husband was convicted, she could not also be convicted of the offence of keeping liquor
for sale. Reference to the learned Magistrate’s notes of evidence and reasons for decision disclose, how-
ever, that there was evidence which tended to show that the appellant was the one actively concerned in
the business of keeping the rum for sale and that that evidence was accepted by the Magistrate. Section
25 of the Act (which makes occupiers of unlicensed premises liable in certain events) was not invoked
against the appellant, nor was there any evidence whatever to show that the appellant acted under the
coercion of her husband. In these circumstances, regardless of what the position of her husband
might have been had he appealed (and on this point I express no opinion), I have no hesitation in
holding that it was open to the learned Magistrate to convict the appellant.
The other point 1 have to consider is whether or not the conviction is bad in law in that it
orders imprisonment in default of payment of the penalty imposed without first ordering a distress to be
made. On convicting the appellant the learned Magistrate simply ordered her to pay a fine of forty-five
dollars or be imprisoned with hard labour for two months, giving her one month in which to pay the fine.
A similar question was fully considered by this Court in its appellate jurisdiction in UAristian v.
Hill (Leeward Islands Gazette No. 33 of 13th March, 1947, at p. 97) and in Osborne v. Silcott (Leeward
Islands Gazette No. 40 of 10th April, 1947, at p. 121), and on both occasions Cools-Lartigue J., purport-
ing to follow the English cases of Jn Re Brown, (1878) 3 Q.B.D. 545, and In Re Clew, (1882) 8 Q.B.D.
511, quashed the convictions and held that the Magistrate had no power to order imprisonment in default
of payment df a fine imposed under Section 23 of the Licensing Act; that the Magistrate could either
fine or imprison (for a period not exceeding one month), and if he imposed a fine then, under section 61
of the Act, a warrant of distress must be issued before an order for imprisonment in default of payment is
made.
It has been suggested on behalf of the respondent that in applying /n Re Brown and In Re
Clew the learned Judge erred in thinking, as stated in his judgment in Osborne v. Silcott, that the
relevant provisions of the English Licensing Acts and the Summary Jurisdiction Act, 1879, are “ ex-
actly similar†to the corresponding provisions of our Licensing Act and Magistrate’s Code of Pro-
cedure Act (Cap. 61). The criticism is not without some justification, as will be seen on comparing
the English Summary Jurisdiction Act, 1879, with our Magistrate’s Code of Procedure Act (Cap. 61);
142 THE LEEWARD ISLANDS GAZETTE. [29 July, 1954.
but it does not necessarily follow that the conclusions eventually reached by Cools-Lartigue J. in the
local cases were wrong: I say this after close examination of the ratio decidendi in Brown and Clew.
Be that as it may, the question which should now be decided is whether this Court is bound by its
previous decisions in Christian v. Hill and Osborne v. Silcott. If it is, that is the end of the matter.
In Young v. Bristol Aeroplane Co. Ltd., (1944) 1 K.B. 718, it was held that the Court of
Appeal in England, though not a final Court of appeal, is bound to follow its own decisions and those
of courts of co-ordinate jurisdiction, the only exceptions to the rule being: (1) the Court is entitled
and bound to decide which of two conflicting decisions of its own it will follow; (2) the Court is bound
to refuse to follow a decision of its own which, though not expressly overruled, cannot, in its opinion,
stand with a decision of the House of Lords; (3) the Court is not bound to follow a decision of its own
if it is satisfied that the decision was given per incuriam (because the provisions of a statute or the
authority of a case were not brought to its attention).
A few years later the position of the Divisional Court, which is a final court of appeal, was
reviewed in the case of Police Authority for Huddersjield v. Watson (1947) K.B.D. 842; and it was
held that the Divisional Court is bound by its own previous decisions in the same way and subject to
the same exceptions as the Court of Appeal. In the course of delivering his judgment Lord Goddard,
C.J., added these observations with respect to the position of judges of first instance: “I think the
modern practice is that a judge of first instance, though he would always follow the decisions of another
judge of first instance, unless he is convinced the judgment is wrong, would follow it as a matter of
judicial comity. He certainly is not bound to follow the decision of a judge of equal jurisdiction,â€
In the absence of any statutory provisions on the subject either here or in England, the
general principles enunciated in the two English cases just cited should be followed by our courts; I
am consequently of the opinion that this Court, in the exercise of its appellate jurisdiction, is subject to
exceptions analogous to those applicable to the Hnglish courts, bound by its previous decisions delivered
in that jurisdiction. No such exceptions appear in the matter now under consideration. This appeal
is therefore allowed, with costs £3 3. 0. and the conviction of the appellant quashed.
W. A. Datr,
Puisne Judge.
19th July, 1954.
29 July, 1954. ]
REVISED LIST of Persons registered under the Midwives’ Ordinance No. 7 of
1961, for the Presidency of Montserrat, as at lst July, 1954.
Serial Number.
(3)
THE LEEWARD ISLANDS GAZETTE.
Name.
Allen, Clemence Mary Elizabeth
Barzey, Catherine (Mrs) (nce Ryan)
Bramble, Elizabeth
Frith, Catherine (Mrs) (nee Buffong)
Buffong, Catherine
Browne, Diana
Cadogan, Lilian (Mrs) (nee Rodney)
Clarke, Catherine
Clarke, Kathleen
Edwards, Winitred
Fenton, Charlotte
Frewin, Beryl Geraldine (Mrs) (nee Shoy)
Piper, Verna (Mrs) (nee Gooding)
Greenaway, Leoriorn Adina (Mrs) (nee Wheatley)
Grecnaway, Mary (Mrs)
Griffith, Doris (Mrs) (nee Williams)
Griffith, Rdith (Mrs)
Isles, Elleanor Teresa
Lee, Mary Susannah Gordon
Osborne, Mary
Phillip, Vera Nelitha
Ponde, [osie
Richardson, Ina
Roache, Katherine
Straker, Catherine
Tuitt, Rosanna
Wade, Catherine
Warner, Susan (Mrs) (nee Allen)
White, Sarah (Mrs)
Wyke, Elizabeth (Mrs)
Address.
Glendon Hospital
39 99
99 9
Salem
St. George’s Hill
Baker Hill
Plymouth
Glendon Hospital
Harris
Sweeny’s
Kinsale
Plymouth
Bethel
Infirmary
St. John’s
Glendon Hospital
Plymouth
Plymouth
Harris
St. Patrick’s
Harris
Bethel
Glendon Hospital
79; 9
Bethel
Glendon Hospital
99 99
St. Peters
Cork Hill
J. H. L. Browne,
Secretary, Midwives Board.
143
« wy
144 THE LEEWARD ISLANDS GAZETTE. 29 July, 1954]
GOVERNMENT SAVINGS BANK STATISTICS: LEEWARD ISLANDS.
All figures in British West Indian dollars.
Number of reporting banks: 4.
Figures for end of quarter 31st March, 1954.
LIABILITIES $ ASSETS $
1. Notes in circulation Nil | 1. Cash (in Treasury) 119,009.03:
2. Deposita 2,063,254.84 2. Balances due by other banks
(i) Demand —Nil in Colony Nil
(ii) Time —_Nil
(iii) Savings 2,063,254,84
3. Balances due to ! 3. Balances due from banks abroad
(a) Other banks in Colony Nil and other short claims Nil
(6) Banks abroad Nil
4. Other Liabilities 171,848.52 4, Loans and Advances Nil
5. Investments— 1,800,048.64
(a) Local 269,434.28
(6) Other 1,530,614.36
6. Other Assets 316,045.69 rf
Total Liabilities 2,235,103.36 | Total Assets °2,235,103.36. 7°â€
®
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E, M, Buaokman, ED,
Government Printer.—By Authority,
1954,
[Prive 21 cente.]
No. of 1954, 9 Magistrate's Code of Procedure
(Amendment).
LEEWARD ISLANDS,
No. of 1954.
An Act to amend further the Magistrate’s Code
of Procedure Act and to effect certain con-
sequential amendments to local Acts.
“ENACTED by the Legislature of the Lee-
ward Islands.
1. This Act may be cited as the Magis-
trate’s Code of Procedure (Amendment) Ach,
1954, and sha]l be read as one with the Magis.
ae s Code of Procedure Act, as amended, eres
inafter called the Principal Act.
2. (1) The Principal Act is hereby amend-
ed by the insertion therein, immediately after
section 12, of the: following section as section
12A:—
“12A. (1) Every District Magistrate
shall be ex officio a Justice of the Peace of the
Presidency in which his district is situate.
(2) Except as is otherwise provided in
any Act the Governor may, by Warrant under
his hand, appoint any fit and proper person to
bea Bienes of the Peace for any Presidency
and may, in like manner, for such cause as
may appear to him sufficient, remove any
Justice of the Peace from his office.
(3) Every appointment or removal of
a Justice of the Peace shall be notified in the
Gazette.â€
LEEWARD)
ISLANDS,
Short title.
Cap. 61.
Insertion of
new section
in the Princi-
pal Act,
Justices of
the Peace.
LEEWARD
ISLANDS.
Preservation
of appoint-
ments of
Justices of
the Peace.
Amendment of
section 19 of
the Principal
Act,
Substitution
of section 33/of
the Principal
Act.
?
2 Magistrate's Code of Procedure No, — -of 1954,
(Amendment).
(2) It is hereby declared that any person
who, on the coming into force of this Act, was
duly appointed or gazetted as a Justice of the
Peace in and for any Presidency, shall continue
to hold such appointment and be deemed to have
been appointed a Justice of the Peace in accord-
ance with the provisions of section 12A of the
Principal Act.
8. Section 19 of the Principal Act is hereby
amended by the substitution of the words “ Justices
of the Peace†for the words ‘ Justices in the
general commission of the peace†appearing
therein.
4. The following section is hereby substi-
tuted for section 33 of the Principal Act:—
* Information 33. (1) It shall be lawful for—
and complaint.
(a) any person to make a com-
plaint against: any person committing
an offence punishable on summary
conviction unless it appears from the
enactment on which the complaint is
founded that any complaint for such
olfence shall be made only by a parti-
cular person or class of persons;
(4) any police officer to make a
complaint in a case of assault or battery
even though the party aggrieved
declines or refuses to make a complaint.
(2) (a) It shall be lawful for any
police officer, to lay any information or
make any complaint in the name of
the police officer in charge of the
Division in the Magisterial district
where such information or complaint is
to be tried or inquired into, and con-
duct any such proceedings on his
behalf.
(6) Every such information or
complaint shall be signed by the police
officer laying or making the same and
I
No,
of 1954, Mayistrate’s Code of Procedure 8
(Amendment).
such police officer shall be deemed for
all purposes of this Act other than
those specified in this subsection to be
the complainant; and proceedings un-
der any such information or complaint
shall not lapse or be determined by
reason of any change of the police
officer in charge as aforesaid.
(c) No such proceedings shall be
dismissed by reason only of the failure
of the police officer in charge as afore-
said to appear in person or by counsel
or solicitor, provided he be represented
by any police officer for the time being
present in Court,â€,
5. The Principal Act is hereby amended hy
the insertion therein, immediately after section 95,
of the following section as section 954 :—
“95A. Where a complaint is laid by one
or more parties against another party or par-
ties, and there is a cross complaint by the
defendant or defendants in such first named
case either by himself or themselves or
together with another person or other persons
against the complainant or complainants in
the first. named case either by himself or
themselves or together with another person or
other persons, and such cross complaints are
with reference to the same matter, the Magis-
trate may, if he thinks fit, hear and determine
such complaints at one and the same time.â€.
6. Section 99 of the Principal Act is here-
by amended by the insertion of a comma after
the word ‘shall’ between the words “ convic-
tion†and “afterwards†and by the addition
thereafter of the following :—
“subject to any rules made “in pursuance
of this Act,â€â€™.: ,
LEEWARD
ISLANDS,
Insertion of
new section in
the Prinoipal
Act.
Cross com-
plaints.
Amendment of
section 99 of
the Principal
Act.
i
Leewarp 4 Jfayistrate’s Code of Procedure No, of 1954,
TsLANDs. (Amendment),
ane 7. Sections 100 and 10! of the Principal
sections 100 and 2 : Sees
101 of the Act are hereby amended by the substitution of
Principal Act. the words ‘twenty-four dollars†for the words
“ forty shillings†respectively appearing therein,
Substitution of 8. The following section is hereby substi-
. section 107 of f ee an * ete
the Principa’ tuted for section 107 of the Principal Act;
Act
Segue cn “107. (1) Where a sentence of impris-
imprisonment Onment for a summary offence is passed on
any person the Magistrate may order that
the sentence shall commence at the expira-
tion of any other term of imprisonment to
which that person has been previously
~ sentenced, so, however, that. where two or
more sentences of a Magistrate are ordered
to run consecutively the aggregate term of
imprisonment shall not exceed six months,
unless such sentences include at least-—
(a) two sentences for indictable
offences dealt with summarily by con-
sent; or.
(6) a sentence for an offence for
which the Magistrate was empowered
to order a term of imprisonment of
more than six months,
in which case the aggregate term of impris-
onment shall not exceed twelve months.
(2) In subsection (1) of this section
‘sentence of imprisonment†includes cases
where imprisonment is imposed on any per-
son either with or without the option of a
fine, or in respect of non-payment of
any sum of money, or for failing to do or
abstaining from doing any act or thing
required to be done or left undone.
(3) Where a person has been sen-
tenced to imprisonment in default of
payment of a fine, the Magistrate may,
notwithstanding the provisions of sub-
section (1) of this section, order that
rr
No. of 1954. Mayistrate’s Code of Procedure 5
(Amendment).
the sentence shall begin at the expiration
of any term of imprisonment imposed
for that offence on that person in addition
to the fine.â€â€™.
9. Section 108 of the Principal Act is
hereby amended by the insertion of a full-stop
after the word ‘directed’ and the deletion of
all the words appearing thereafter to the end of
the section.
10. Section 122 of the Principal Act is
hereby amended by the deletion of all the words
commencing with the words “and pay†to the
end of the section and by the substitution therefor
of the following:—
‘such sum or instalment to the Magistrate or
to his clerk, if he has a clerk, and pay over
the same Eiki the Public Treasury of the
Presidency wherein such sum or instalment
is paid or, if the Magistrate shall so direct,
to the Magistrate or to his clerk.â€.
11. The following section is hereby substi-
tuted for section 130 of the Principal Act:—
130. (1) Any married person (in this
section hereinafter called “the applicant’)
whose husband or wife, as the casé may be,
(in this section hereinafter called “the
defendant *’)-— .
(a) has been guilty of adultery; or
(6) has deserted the applicant; or
(c) has been convicted summarily
of an aggravated assault on the applicant
within the meaning of section 41 of the
Offences against the Person Act; or
(d) has been convicted on indict-
ment of an assault upon the applicant; or
(e) has been guilty of
cruelty to the applicant or to the chidren
of the applicant; or
persistent
LEEWARD
IsLANDs.
Amendment of
section 108 of
the Principal
Act.
Amendment of
section 122 of
the Principal
Act.
Substitution
of section 130
of the Prinoi-
pal Act.
Order rela-
ting to separa-
tion and
maintenance,
Cap. 41,
r
Luzwarp 6 Mayisirate’s Code of Procedure No. — of 1954.
ISLANDS.
93/1937.
(Amendment).
(f) being under a duty to provide
reasonable maintenance for the applicant
und the children of the applicant, has
wilfully neglected or refused to do so; or
(g) is an habitual drunkard,
may apply to a Magistrate for an order under
this Part of this Act.
(2) Any married woman whose hus-
band—
(a) has compelled her to submit to
prostitution; or
(6) whils suffering from venereal
disease and knowing that he was so
suffering, has insisted on having sexual
intercourse with her,
tnay also apply to a Magistrate for an order
under this Part of this Act.
(3) For the purposes of this section—
(a) where the husband has, in the
opinion of the Magistrate, been guilty of
such conduct as was likely to result and
has resulted in his wife submitting her-
self to prostitution he shall be deemed to
have compelled her so to submit herself;
(6) an habitual drunkard shall be
deemed to be a person who by reason of
habitual intemperate drinking of intoxi-
cating liquors or habitual taking or
using, except on medical advice, of dan-
gerous drugs within the meaning of the
Dangerous Drugs Act, 1937, is at times
dangerous to himself or herself or
to others or incapable of managing
himself or herself or his or her affairs;
and
(c) where the applicant. 1s entitled
to apply for en order or orders under
this section on the ground of the convic-
tiv of the defendant upon indictment,
of 1954. Mayistrate’s Code of-Procedure 7 Lrrwarb
(Amendment). IsLANDs.
the applicant may apply to the Court
before which the defendant has been
convicted, and that Court shall for the
purposes of this section become
a Magistrate’s Court and have the power
without a jury to hear an application
and make the order or orders applied for.
(4) The Magistrate to whom any appli-
cation under this section is made may make an
order or orders containing all or any of the
provisions following, namely—
(a) that the applicant be no longer
bound to cohabit. with the defendant
(which provision while in force shall
have the
separation onthe ground of cruelty);
(6) that the legal custody of any
children of the marriage while under the
uge of sixteen years be committed to the
applicant;
(«) that the defendant shall pay to
the applicant personally, or for the use
of the applicant to any officer of the
Court or third person on behalf of the
applicant, such weekly sum, not exceed-
ing ten dollars, as the Magistrate having
regard to the means both of the applicant
and the defendant, ccnsiders reasonable;
(ad) that the defendant shall pay to
the applicant, or to an officer of the
Court or third person on behalf of the
applicant, a weekly sum not exceeding
two dollars and forty cents for the
maintenance of each of the children of
the marriage until each such child
attains the age of sixteen years;
(e) for payment by the applicant
or defendant, as the case may be, or
both of them, of the costs of the appli-
cation and any reasonable costs of
either of the parties as the Magistrate
may think fit.
LrEwarD
IsLANDS.
2
8 Magistrate's Code of Procedure No. of 1954.
(Amendment). ,
(5) No order shall be made under para-
graph (c) of subsection (4) of this section
where it is proved ‘that the applicant has
committed an act of adultery:
Provided that the defendant has not
condoned, or connived at, or by his or her
wilful neglect conduced to such act of
adultery.
(6) A Magistrate, acting within the
district in which any order under this sec-
tion has bee made, may on the application
of the wife or husband, and upon cause
being shown upon fresh evidence to the
satisfaction of the Magistrate, at any time,
alter, vary or discharge any such order and
may upon such application from time to
time increase or diminish the amount of any
weekly payment ordered to be made:
Provided that the amount payable by
any such order shall not be increased
beyond the limits set forth in subsection
(4) of this section.
* (7) If any person on whose applica-
tion an order has been made under this
section, shall voluntarily resume cohabita-
tion with her husband ‘or his wife, as the
case may be, or shall commit an act of
adultery, such order shall on proof thereof
be discharged:
Provided that the Magistrate may, if
he thinks fit—
(i) refuse to discharge such order
in the case of a wife who has
committed adultery if in his,
opinion such act of adultery
as aforesaid was conduced to
by the failure of the husband
to make such payments as in
his opinion he was able to
make under the order;
(ii) in the event of the order being
discharged, make a new order
that the deree dent shall pay
t if x
No. of 1954. Mayestr nde s Code of ee 9 LepwaRp
( Amendment). IsLANDS.
to the applicant, or to an offi-
cer of the Court or third per-
son on behalf of the applicant,
a weekly sum not exceeding
two dollars and forty cents for
the maintenance of each of
the children of the marriage
until each such child attains
the age of sixteen years.
(8) No order made under this section
shall be enforceable and no liability shall
accrue under anv such order while the
applicant with respect to whom the order
was made resides with the defendant and
any such order shall cease to have effect if
for a period of three months after it is made
such applicant continues to reside with the
defendant.
(9) In this section the term ‘ children
of the marriage†shall include every child
(whether legitimate or illegitimate) whom
the applicant or defendant is liable under
any liw to maintain and ‘who has been
living with them as part of the husband’s
family.â€
12. The following section is hereby substi- Save tuviony
tuted for section 132 of the Principal Act:— epee
; pal Aot.
“132 Where on the hearing of any Interim
application for a maintenance order the oer.
application is adjourned for any period :
exceeding fourteen days, the Magistrate
may cones: that the Oeienian do pay to the
person in respect of whom the order is
sought te be made, or to an officer of the
Court or third person on behalf of such per-
son, a weekly sum, not exceeding the sum
which might be ordered to be paid under
a final order, which interim order shall be
b enforced in like manuer as if it were a final
order of the Court:
2
f
Leewarp 10 Magisirate’s Code or Procedure No. of 1954.
IsLANDs.
(Amendment).
Provided that the order directing such
payment shall not remain in operation for
more than three months after the order was
made.â€â€™. :
Amendment 1 3 -
of section 134
of the Princi-
Section 184 of the Principal Act is-
hereby amended hy the substitution of the
pal Act, words “one dollar and eighty cents†for the
words “ five shillings†appearing therein.
Section 135 of the Principal Act is
of the Princ. bereby amended_as follows:—
(a) by re-numbering the present. sec-
tion as subsection (1) of the section;
(4) by substituting a colon for the full
stop at the end of subsection (1) of the
section;
(e) by adding the following proviso to
sub-section (1) of the section:—
‘Provided that where any weekly
sum payable i» pursuance of. such
order is in arrear as aforesaid the
Magistrate shall not proceed to enforce
such order as provided in this section
unless he is satisfied that the defendant
is possessed of sufficient means to pay
such arrears in whole or in part.â€; and
(d) by the insertion of the following
subsection as subsection (2) thereof :—
Amendment 14.
of section 135
pal Act.
Amendment of 1 5 .
section 136 of
the Principal
““(2) Where in any proceedings
for the enforcement of such order the
defendant is committed to prison then,
unless the Magistrate otherwise directs,
no arrears shall acerue under the order
during the time that the defendant is
in prison.â€â€™.
Section 136 of the Principal Act is
hereby amended by the insertion of the words “ of
Act. a bastard child†between the words “ education â€
and ‘made ’’.
<
ae
Wo:
of 1954. Mayistraie’s Code of Procedure 1)
(Amendment).
16. The following section is hereby substi-
tuted for section 139 of the Principal Act:—
“139, (1) Except as is otherwise pro-
vided by any law and subject to the provisions
of this section, all money payable under any
order made under section 134 of this Act
shall be due and payable to the mother of the
bastard child in respect of such time and so
long as she lives and is of sound mind and _ is
not in prison.
(2) After the death of the mother of
such bastard child, or while such mother is
LEEWARD
IsLANDS-:
Substitution
of section 139
of the Princi-
pal Aot.
Payment of
money under
an order for
the mainte-
nance and
education of
a bastard
child,
of unsound mind or confined in any prison, —
any Magistrate may make an order from time
to time appointing some person who with his
own consent shall have the custody of such
bastard child; and the Magistrate may revoke
the appointment of such person and may
appoint another person in his stead. Every
person so appointed to have the custody of
a bastard child may make application for the
benefit of such bastard child ‘in the same
manner as the mother of the bastard child
could have done,
(3) It shall be lawful for the Magistrate
to order any money payable under any such
order to be paid to the person appointed by
the Governor under the provisions of eection
141 of this Act, and to be applied in such
manner as shall be directed oy the Magis-
trate.’
17. Section 163 of the Principal Act. is
hereby amended as follows:—
(a) by re-numbering the present sec-
tion as subsection (1) of the section; and
(6) by inserting the following sub-
sections as subsections (2), (8) and (4)
thereof:—
“(2) Where a warrant of commit-
ment is issued under subsection (1) of
2
Amendment
section 163 of
the Principal
Act.
LeEWARI:
TSLANDS.
r
12 Magistrate’s Code of ProcedureNo. of 1954.
(Amendment).
this section it shall be executed by the
bailiff.
(3) In any case where, owing to
the time and place of arrest of the
judgment debtor, it is not practicable or
convenient to convey him to the prison
to which he is by such warrant com-
mitted, the bailiff effecting the arrest
shali convey him to the nearest police
station in the locality where such
arrest was made; and it shall be lawful
for the police officer in charge of such
station to detain such judgment debtor
in some secure place of confinement at
such station until such hour; not later
than twelve noon of the day fol-
lowing that on which he is arrested,
and as soon as may be convenient
thereafter the judgment debtor shall be
conveyed to prison as directed by the
warrant of commitment.
(4) When any person who has
been detained at a police station as pro-
vided in subsection (3) of this section
is thereafter conveyed to the prison to
be imprisoned by virtue of such war-
rant of commitment the bailiff shall
endorse on such warrant the day on,
and the hour at, which such person
was arrested by virtue thereof; and the
imprisonment ‘shall be computed from
such day and inclusive thereof.
(5) Where a Magistrate either be-
fore or after the commencement of this
Act makes an order for the payment
either in one sum or by instalments of
any judgment debt and costs, such
order may, on the application either of
the judgment debtor or judgment
creditor and upon cause being shown
upon fresh evidence to the satisfaction
of the Magistrate, be varied or altered
by him hy ordering the amount due
and unpaid (if pay able in one sum) t to
4
No. of 1954, Mayistrate’s Code of Procedure 13
(Amendment).
be paid by instalments, or if the said
-amount is already payable in instal-
ments, he may increase or decrease the
amount of such instalments.â€
18. The following sections are hereby
substituted for sections 172, 173 and 174 of the
Principal Act:—
“172. (1) Where a Magistrate refuses
to make-a conviction the complainant may,
subject to the provisions of subsection (4)
of this section, appeal to a Judge against
such decision.
(2) Where a Magistrate makes a con-
viction the party against whom the convic-
tion is made may, subject to the provisions
of subsection (4:) of this section, appeal to a
Judge against such decision.
(3) Subject to the provisions of sub-
section (4) of this section there shall bea
right of appeal to a Judge from any judg-
ment or order of a Magistrate in any civil
proceedings where the sum claimed and the
costs, if any, exceed three dollars and sixty
‘cents,
- (4) An appeal under this section shall
be tothe Judge who shall after the expira+
tion of thirty days from the day on which
the decision of the Magistrate was first
given hold a sitting of either a Circuit
Court or a Court of Summary Jurisdiction
in the. Cireuit containing the district in
which the Magistrate’s decision was given.
173. Every appeal shall be either by
way of motion or special case as hereinafter
provided.
174. An appeal, whether by way of
motion or special case, shall have the effect
of suspending the execution of the decision,
judgment or order appealed from until the
final determination of such appeal.â€
LEEWARD
ISLANDS,
Substitution
of sections 172,
173 and 174 of
the Principal
Act.
Appeal, fi
Appeal by mo-
tion or special
case,
Appeal ope-
rates asnstay,
Leewarp 14 Magistrate's Code of Proc ‘edure No, of 1954,
IsLanps.
Amendment
of section 175
(Amendment).
19. Section 175 of the Prineipal Act is
sf the Princ’, Hereby amended as follows:—
pal Act,
Substitution
(a) by the substitution of the words
‘¢ Where an appeal is by way of motion the â€
for the word “The†at the beginning of
the section;
(6) by the substitution of a colon for
the full-stop at the end thereof and the
addition thereto of the following proviso:—
“Provided that in the’ case of an
appeal from a decision of the Magistrate of
district ‘‘.J ’’ the said notice shall be served
rwithin twenty-eight davs after the day on
which the Magistrate has given his deci-
sion.â€â€™,
20. The following section is hereby sub-
of section 180 stituted for section 180 of the Principal Act:—
of the Princi-
pal Act, ¢
‘Special Case,
180. (1) After the hearing and deter-
mination of any complaint, the Magistrate
may, in his discretion, on the application of
‘either party to such complaint or their
solicitor, or of his own motion without such
application, state a case on any point of law
arising in the case for the opinion of a
Judge. The statement of facts in such case
so stated shall, for the purpose of the deter-
mination thereof, be conclusive.
(2) Where such party (hereinafter
called “the appellant’’) makes application
to a Magistrate to state a case the appellant
shall within fourteen days after the day on
which the Magistrate has given his decision,
in the manner and form. prescribed by sec-
tions 175 and 177 of this Act, serve a notice
of appeal on %he other party and on the
Magistrate:
Provided that in the case of an appeal
from a decision of the Magistrate of district
“J†the said notice shall be served within
twenty-eight days atter the day on which
the Magistrate has given his decision,
-
No. ‘of 1954. Mesias 8 Code of Peon 15
(Amendment).
(3) The provisions of sections 178 and
179 of this Act shall apply in respect of any
such appeal.
ars (4) Nothing herein contained shall be
construed to prevent either party in such a
case appealing within the time specified in
section 175 of this Act as to any determina-
tion. of fact or any question of law not raised
in the case stated by the Magistrate; but
such appeal shall be in such event indepen-
dent of the case stated.
(5) (a) The Attorney General may, by
notice in writing under his hand, require ‘a
Magistrate to state a case on any point of
law, and, on receipt of such notice, the
Magistrate shall state such case accordingly.
(6) In this subsection the expression
‘“‘ Attorney General†includes the
Crown Attorney of a Presidency.
(6) The Judge may remit any case
stated under the provisions of this section to
the Magistrate stating the same for further
information from such Magistrate.
(7) fon application being duly made
toa Magistrate to state a case such Magis-
trate declines so to do, the appellant may
apply to the Supreme Court or to any Judge
thereof for an order cere the case to be
stated.’’.
21. Section 181 of the Principal Act is
hereby amended by the deletion of all the words
before and including ithe words “as the case may Ac
be†appearing therein and the substitution
therefor of the following:—
a he Magistrate upon receiving an
application, notice or order under the pro-
visions of section/180 of this Act or when of
his own motion he decides to state a case for
' the opinion of a Judgeâ€â€™.
LEEWARD
_ Tsuanps,
Amendment of
section 18] of
the Principal
t.
Leewarp 16 Magistrate's Code of Procedure No, of 1954,
IsLANDS. (Amendment),
Amendment of 22. Section 187 of the Principal Act is
the Princiost. hereby amended as follows:—
as (a) by the substitution of the words
“fifty dollars†for the words “ five pounds |
five shillings†appearing therein; and
(b) by the substitution of a colon for
the full-stop at the end thereof and by the
addition thereto of the following proviso:—
“Provided further that if on the
hearing of a special case the Judge
adjudges such appeal to have been
frivolous and vexatious the appellant or
the solicitor who made application for
the special case shall be liable, if the
Judge shall so think fit, to pay a sum
not exceeding seventy-two dollars as
costs of the appeal and such costs shall
be recoverable as hereinafter provided.â€.
Amendment of 23. Section 220 of the Principal Act is
section 2e0'or hereby amended as follows: —
rincipa ¢
ai (a) by the substitution of the word
“declared†for the word ‘“delared â€
appearing therein; and
(6) by the insertion, between the words
“paid†and “toâ€, of the following
words :—
‘‘into the Public Treasury of the
Presidency where such sums are
paid, or if the Magistrate shall so
direct,â€
Amendment of 24. Section 251 of the Principal Act is
fepeeenal: hereby amended by the substitution of the
Act. words ‘‘ fourteen days.’ for the words “ seven
days†appearing therein.
Amendment 26. Section 253 of the Principal. Act is
or ee erin. hereby amended by the deletion of all the words
pal Act. appearing after the word “ punishmentâ€.
Fee 26. (1) Section 16 of the Interpretation
© s ;
dinances, Of Laws Act is hereby amended by the deletion
Cap. 103. therefrom of the definition of the expression
** Justice of the Peaeeâ€â€™.
t
No, of 1954. Mayistvate’s Code ot Procedure 17 LeewarpD
(Amendment). [sLanDs.
(2) The Act and Ordinances specified in the
Schedule to this Act are hereby ameuded to the
extent mentioned in the fourth column thereof,
°
President.
Passed the General Legislative Council this
day of . 41964.
Clerk of the Council,
SCHEDULE,
No of | ae .
Presidency. Ree Short title. Extent of amendment.
ene roasted jer phreasns
Antigua, 6/1896 |The Interpretation |Paragraph (21) of sec-
of Laws Act, 1896.| tion 18 shall be de-
leted.
i {
Saint Obristopher,] 18/1896 |The Interpretation |Paragraph (21) of sec-
Nevis and An- | of Laws Ordinance,| tion 17 shall be de-
guilla 1896. | leted.
Montserrat "| 6/1898 |The Interpretation |Paragraph (21) of sec-
of Laws Ordinance,; tion 18 shall be de-
1898. | leted.
Virgin Islands 1/1899 |The Interpretation |Paragraph (21) of sec-
of Laws Ordinance, tion 18 shall be de-
1898, | leted.
OBJECTS AND REASONS.
The object of this Bill is to amend further the Magis-
trate’s Code of Procedure Act (Cap. 61) in the following
. Tespects:—
1. To provide for the appointment and removal of
Justices of the Peace by the Governor by instrument under
the Public Seal of the Colony, every such appointment and
removal to be notified in the Gazette; and for every District
Magistrate to be ex-officio a Justice of the Peace of the
Presidency in which his district is situate.
Lerwarp 18 Magistrate’s Code of Procedure No. of 1954,
IsLanps. (Amendment).
Under the present law Justices of the Peace are persons
holding office under a commission of the peace under the
hand and seal of a Governor or gazetted asa Justice of the
Peace for any Presidency. Co of the peace have
fallen into desuetude. (Clauses 2, 3 and 26).
2. Clause 4 re-enacts section 33 of the Principal Act and
provides for the laying of an information or complaint—
(a) by any person unless the enactment under which
the same is founded prescribes otherwise;
(6) by any police officer, in a case of assault or
battery even though the aggrieved party declines or
refuses to make such information or complaint;
(c) by any police officer in the name of the police
officer in charge of the Police Division in a Magisterial
district and for such first mentioned police officer to con-
duct the proceedings consequent thereon on behalf of the
police officer in whose name the complaint is laid. This
provision links up with that ee in section 27 of
the Police Act, 1951 (No. 12/1951).
3. Clause 5 empowers a eine to try cross-com-
plaints with reference to the same matter.
4. Clause 7 amends sections 100 and 101 of the Principal
Act by increasing the amount of costs which a Magistrate may
in his discretion award to the prosecutor or defendant in cases
of summary conviction.
6. Clause 8 re-enucts section 107 of the Principal Act
which in its present form limits the offences in respect
of which sentences of imprisonment may run consecu-
tively. Subsection (1) of the new section 107 removes such
limitation and provides further that the aggregate term of
such sentences shall not exceed six months unless such
sentences include at least two sentences for indictyble offences
dealt with summarily or a sentence for an offence which the
Magistrate i is empowered to order imprisonment for more than
six months, in which cave the egeregate term shall not exceed
twelve months. This amendinent follews section 18 of the
Criminal Justice Administration Act, 1914 (4 & 5 Geo. 5c. 58).
Subclause (8) of the said Clause 8 enables the Magistrate
(uotwithstanding the provisions of srbclause (1) ) where he-
imposes a sentence of six months imprisonment, and in addi.
tion, a fine, to impose an additional term of imprisonment if
4 t
‘No. of 1954. Magistrate's Corle of Procedure 19 Lerwarp
(Amendment). IsLANDS.
default, is made in the payment of the fine. This amendment
- follows section 27 of the Criminal Justice Act, 1925 (15 & 16
Geo. 5 c. 86). Clause 9 is a consequential amendment in
view of the provisions of clause 8.
6. Clauses 10 and 23 authorise a Magistrate to order
that fines not paid directly to his clerk,, and that sums
forfeited in respect of a recognizance, be paid directly into
the Public Treasury.
7. Clauses 11 and L2 re-enact sections 130 and 1382 of
the Principal Act and assimilate the position of a husband
as nearly as possible to that of a wife in respect of separation
and maintenance orders. .
8. Clause 13 seeks to increase the maximum amotint which
_a Magistrate may award in bastardy cases for the maintenance
and education of a child from $1.20 to $1.80 per week.
9. Clause 14 provides that where the putative father of -
a bastard child is in arrear with such weekly payments and
proceedings for the payment of such arrears are taken, the
order shall not be enforced unless the Magistrate is satisfied
that the defendant has sufficient means to pay such arrears in
whole or in- part. Provision is also made that where the
putative father is committed to prison for such arrears, no
further arrears shall accrue during the time he is in prison.
10. Clause 16 authorises a Magistrate to order that
any sum payable under an order for the maintenance and
education of a bastard child be paid to any person en:powered.
“by the Governor under section 141 of the Principal Act to
act {in loco matrisâ€, and to be applied as directed by the
Magistrate.
11. Clause 17 confers power ona police officer in
charge of a country station to imprison in a police lock up,
until noon of the following day; a judgment debtor arrested
by a bailiff in persuance of a warrant of commitment,
where, owing to the time and place of his arrest, it is not
practicahle to convey him to the prison. .
12. Clauses 18 to 21 seek to re-enact and atnend some of
the provisions of the Principal Act relating to appeals, the main
object of che amendraents being to give a right of appeal toa
complainant on the dismissal of a complaint as well as the right
s
2 ®
Lrewarp 20 Magistrate's Code of Procedure No. of 1954,
IsSLANDs, (Amendment),
to apply for a stated case on any point of law. Some doubts
exist as to whether under section 172 of the Principal Act a
complainant (who may only appeal against a dismissal by way
- of a stated case on a point of law) may so appeal unless the
Magistrate has adjudged him to pay costs in a sum of not less
than fifteen shillings. Provision is made fora law officer by
notice in writing toa Magistrate to require him to state a case
on any point of law arising on the determination of a case for
the opinion of a Judge of the Supreme Court. The provisions
giving effect to these amendments are in part based on the
Summary Court Ordinance (Ch, 3 No. 4) of the Colony of
Trinidad,
13. Clause 22 seeks to amend section 187 of the Prin-
cipal Act by increasing the amount of costs which may be
awarded on appeal consequent on the increase provided by clause .
7 of the Bill and provides also for the award of costs in cases
where the Appeal Court is of opinion that the appeal is
frivolous and vexatious.
14. Clause 24 aims at increasing the term of imprison-
ment which may be imposed in default ‘of a payment of a fine
for ‘contempt of courtâ€â€™ under section 251 of the Principal
Act while a Magistrate is sitting. ‘
15. Clause 25 is designed to dispense with the transmis-
sion to the Colonial Secretary of a minute recording the facts of
any “‘contempt of court†punished under section 251 of the °
Principal Act. -
C. A. Kexsick,
Acting Attorney General
12th November, 1953,
ANTIGUA. :
Printed at the Government Printing Office, Leeward Islands,
by E. M. BuackMAn, E.D., Government Printer,—By Autherity.
1953.
47/00026—300— 7.4. Price 22 cents,
*,
© ,
No, of 1954. Small Tenements (Amendment). Lxew..rp
IsLanps,
1
LEEWARD ISLANDS,
No, of 1954,
An Act to amend the Small Tenements Act.
INACTED by the Legislature of the Leeward
Islands as follows:—
1. This Act may be cited as the Small short title.
Tenements (Amendment) Act, 1954, and shall be
read as one with the Small Tenements Act, herein- Cap. 68.
after called the Principal Act.
2. Section 2 of the Principal Act is hereby Amendment
amended by the substitution of the following arenas
definition for the definition of “Land†appearing cipal Act.
therein—
“The word “Land†includes houses,
chattel or moveable houses, buildings and all
other corporeal hereditaments, but does not
include a small holding within the meaning
of the Agricultural Small Holdings Act,
1938;â€, 12/1938,
8. Section 3 of the Principal Act is hereby Amendment
amended by the substitution of the words “two of the Prin-
hundred dollars†for the words “ twenty poundsâ€â€™ ipal Act.
appearing therein.
, *
- 4. Section 6 of the Principal Act is hereby Amendment
: of section 6
amended as follows:— Coe pak
cipal Act.
' (a) by renumbering the existing section
as subsection (1);
o
Lerwarpn 2 Smail Teneméents (Amendment.) No. of 1954
IsLanDs.
(b) by. inserting a comma in subsection
(1) of the section after the words “ the matter
and†and immediately thereafter the -follow-
ing— ee
“subject to the succeeding provi-
sions of this section, â€; and
(c) by the insertion of the following as
subsections (2), (3), (4) and (5) of the sec-
tion:—
- (2) Where the land to which the
tenancy relates is subject to the provi-
sions of any Federal Act or Local Act
restricting the rents payable therefor and
the recovery of the possession thereof,
no judgment or order shall‘ be given or
made under subsection (1) of this section
unless the Magistrate is satisfied that
power has been conferred on him so to
do under the provisions of any such law.
(3) Where a chattel or moveable
house of a value of not less than fifty
dollars, which is not the property of the
landlord, (hereinafter in this section
referred to as “the premisesâ€â€™) has been
placed by a tenant or his predecessor. in,
title on the land in respect of which
possession is sought by the landlord and
- such premises is used by the tenant as
his dwelling, no judgment or order shall
be given or made under subsection (1) of
this section unless the Magistrate is satis-
fied that—
(i) it is reasonable to give such
judgment or make such order.
having regard to all the cir-
cumstances of the case; and
(ii) suitable alternative uccommodation
au is available for the tenant. ot
will be available for him when
the judgment or order takes
effect. so:
. * «
No. of 1954. Small Tenemenis (Amendment.) 3
(4) For the purposes of subsection
(3) of this section:—
~
* - (i) suitable alternative accommodation
means accommodation which is
reasonably suitable to the needs -
of the tenant as regards rental
and to the needs of the tenant
and his family as regards proxi-
mity to place of work, as well
as character and extent in rela-
tion to its use as a dwelling for
the tenant; and.
(ii) the onus of proof that a chattel
or moveable house is of a value
less than fifty dollars shall be
- on the landlord.
(5) Notwithstanding anything con-
tnined in subsections (3) or (4) of this
section a judgment or order under sub-
section (1) of this section may be given
or made by the Magistrate, where he
considers it reasonable so to do, without
proof of suitable alternative accommoda-
tion—
(i) the tenant has, within twelve
- months of the filing of the
summons, been convicted of
predial larceny or of larceny
of cattle or of having in his
possession or under his con-
trol preedial produce’ which is
reasonably suspected to have.
been stolen or unlawfully ob-
tained ; or .
(ii) the tenant has been convicted of
using or allowing the premises
or any part thereof to be used
for an immoral or illegal pur-
pose; or ;
(iii) the tenant has committed acts of
waste or been guilty of neglect
or default whereby the premises
. have been injuriously affected;
or
Leeward
IsLtanps.
a
u a
Leewarn 4 Small Tenemeits (Amendment:) No. of 1954,
IsLanps, nat
(iv) the tenant or any person residing
or lodging with him or being
his subtenant has been guilty
of conduct which is a nuisance
or annoyance to adjoining or
adjacent oan of such
premises.’
Sauna 5. The following section shall be substituted
R 10n
ofthe Prin. for section 10 of the Principal Act:—
cipal Act. E
“Limit of 10. Noclaim by the landlord against
Magistrate's = the tenant to recover or to set off any arrears
jurisdiction in 6
Ais of rent and mesne profits under section 9 of
improvements, this Act, and no claim or crossclaim by the
ma anes i he landlord f hausted
mesne profits, tenant against the lan ord tor unexhauste
imiprovements under section 8 of this Act,
shall be entertained where such claim or cross-
claim exceeds the sum of ninety-six dollars.â€.
Amendment 6. Section 24 of the Principal Act is hereby
of section 24 ‘ a ; te
ofthe Prince amended by the substitution of the words “ two
pal Act. hundred dollars †for the words ‘“‘ twenty poundsâ€
appearing therein.
Repeal of Act 7. The Small Tenements (Amendment)
No, 13 of 1938, y
Act, 1938, is hereby repealed,
President.
Passed the General Legislative Council this
day of 1954,
Clerk of the Council.
OBJECTS AND REASONS.
The main object of this Bill is to amend the Small Tene-
ments Act (Cap. 68) in order to implement the following
recommendations contained in a Report of a Select Committee
of the General Legislative Council.
2. By this Bill a Magistrate is precluded from giving a
judgment or making an order for the recovery of land when
No, of 1954, Small Tenements (Amendment.) 5 Leeward
IsLaNDs.
-the tenant occupies a moveable or chattel house thereon of a
value of not less than fifty dollars, not belonging to the
landlord, unless either—
(a). he is satistied that—
(i) it is reasonable to give such judgment or to
‘make such order, having regard to all the
circumstances of the case; and
(ii) suitable alternative accommodation, as therein
defined, is available for the tenant or will
be available for him when the judgment or
order takes effect; or
(6) the tenant has, within twelve months of the
filing of the summons, been convicted of pradial larceny
or of larceny of cattle or of having’ in his. possession or
under his control pradial produce which is reasonably
suspected to have been stolen or unlawfully obtained; or
(c) the tenant has been convicted of using or allow-
ing the premises or any part thereof to be used for an
immoral or illegal purpose; or
(d) the tenant has committed acts of waste or been
guilty of neglect or default whereby the premises have
been injuriously affected; or ;
(e) the tenant or any person residing or lodging
with him or being his subtenant has been guilty of con-
duct which is a nuisance or annoyance to adjoining. or
adjacent occupiers of such premises. (Clauses 2 and 4).
3. In compliance with the Report the Bill also seeks—
(a) to increase the jurisdiction of a Magistrate to
entertaim claims for the recovery of premises where the
rental value thereof does not exceed two hundred dollars
per annum; and
(b) to increase to ninety-six dollars the amount
‘which may be recovered in respect of either arrears of
rent, mesne profits or unexhausted improvements.
(Clauses 3 and 5).
4, Provisions have also been inserted in the Bill with a
view to—
(a) making it clear that the Principal Act applies to
chatte] or moveable houses; (Clause 2).
‘ 5
Leewarp 6 Small Tenements (Amendment.)- No. of 1954.
IsLaNDs.
(0) preventing any conflict between the provisions
of the Principal Act and those of uny Presidential Rent
Restriction Ordinances, by making it clear that premises
dealt with by the Principal Act are subject to the provi-
sions of any such Ordinance (Clause 4 (c) (2); and
(c) increasing to two hundred dollars the value of
the land in respect of which a Magistrate may order the
ejectment of trespassers (Clause 6).
C. A. Ketsicx,
Acting Attorney General.
14th January, 1954.
ANTIQUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackmay, E.D.. Government Printer.—By Authority,
1954, -
47/00235—300—7.54. [Prios 8 cents.]
No. of 1954. Currency (Amendment).
LEEWARD ISLANDS.
No. of 1954. |
An Act to amend the Currency Act, 1950.
ENACTED by the Legislature of the Leeward
Islands as follows:—
1. This Act may be cited as the Currency
(Amendment) Act, 1954, and shall be read as one
with the Currency Act, 1950, hereinafter called the
Principal Act. -
&. The following section is hereby substi-
tuted for section 11 of the Principal Act:—
“11. Ifany person makes or causes to be
made or uses for any purpose whatsoever, or
utters any document purporting to be or in
‘any way resembling or so nearly resembling
as to be calculated to deceive, any currency
note or any part thereof, he shall be liable on
summury conviction in respect of each such
document to a fine of twenty-four dollars’ and
the court shall order the document in respect
of which the offence was committed and any
copies of that document and any plates,
blocks, dies, or other instruments used for or
capable of being used for printing or repro-
ducing any such document which are in the
possession of such offender, to be delivered to
the Board or to any person authorised by the
Board to receive them,â€,
3. The Principal Act is hereby amended by
the insertion therein immediately after section 11
of the following section as section 11A:—
““11A. Whosoever without lawful au-
thority or excuse (the proof whereof shall
lie on the person accused) mutilates, cuts,
tears or perforates with holes any currency
LEEWARD
IsLanps.
Short title.
4/1950.
Substitution
of section 11
of the Princi-
pal Act,
Imitation of
currency
notes,
Insertion of
new section
in the Prin-
cipal Act,
Mutilating
or defaciny
currenoy
notes,
1
Lrewarp 2 = (Currency (Amendment). No. of 1054,
IsLanrs.
note or in any way defaces a currency
note whether by writing, printing, drawing
or stamping thereon, or by attaching or
affixing thereto anything in the nature or
form of an advertisement, shall on summary
conviction be liable to a fine of twenty-four
dollars.â€â€™,
\ President.
Passed the General Legislative Council this
day of 1954,
Clerk of the Council.
ee a
OBJECTS AND REASONS.
The object of this Bill is to amend the Currency Act,
1950, so as to prohibit any imitation, mutilation or defacing of
currency notes.
P. C, Lewis,
Attorney General.
20th January, 1954.
ANTIQUA.
Printed at the Government Printing Otfice, Leeward Islands,
by E. M. Buackman. E.D., Government Printer.—By Authority.
1954,
24/00003—300— 7.54. [Price 3 cents. |
@~ oe
No. of 19354. Virgin Islands (Commissioner of the
Supreme Court) Validation.
LEEWARD ISLANDS.
No, of 1954,
An Act to confirm and validate all the rights,
powers, acts and duties of the Magistrate for
District “J†exercised and undertaken as a
Commissioner of the Supreme Court of the
Leeward Islands and as a Commissioner of
the Supreme Court of the Windward Islands
and Leeward Islands in the Presidency of the
Virgin Islands between the 28th day of June,
1938 and the 2&th day of August, 1943.
WHEREAS it was provided by subsection
(1) of section 9A of the Supreme Court Act
(Cap. 22) as enacted by section 2 of the Supreme
Court (Amendment) Act, 1937, that for the pre-
vention of delay in the administration of justice,
the Governor may, by a Commission under his
hand and the Public Seal of the Colony, appoint a
fit and proper person to be a Commissioner of the
Supreme Court in any Presidency for the trial and
determination, in the absence of a Judge from the
Presidency, of such.causes and matters mentioned
in subsection three thereof as may be specified in
such Commission:
AND WHEREAS by virtue of the power
and authority vested in him by the said section 9A
‘the Governor by a Commission under his hand and
the Public Seal of .the Colony bearing date. the
28th day of June, 1938, appointed the Magistrate
for District “J� to be a Commissioner of the
Supreme Court of the Leeward Islands in the Presi-
dency of the Virgin Islands for the trial and
determination in the absence of a Judge of the said
Court from the said Presidency, of all or any of
the causes and matters mentioned in paragraphs
(a), (6), (c) and (¢) of subsection (3) of section
9A of the said Act:
LEEWARD
IsLANDS.
Preamble.
20/1937,
ae
LEgwarp 2 Virgin Islands (Commissioner of the No. of 1954.
IsLAnps.
20/1939.
20/1939,
Supreme Court) Validation.
AND WHEREAS doubts have arisen as to
whether the said section 9A conferred power on
the Governor to make the appointments thereby
authorised by office as well as by name:
AND WHEREAS the said Supreme Court
Act (Cap. 22) was repealed by the Supreme Court
Act passed in the year 1939 (hereinafter called
the Act of 1939) which latter Act came into force
on the 1st day of January, 1940, and by virtue of
such repeal all appointments made under the
repealed Act became null and void: 2
s@
AND WHEREAS the Commissioner of the’
Virgin Islands as ex officio Magistrate for District
“J†in the purported exercise of the powers con-
ferred on such Magistrate by the Commission of
the 28th day of June, 1938, did, between the 28th -
day of June, 1988 and the 28th day of August,
1943, purport to exercise and perform in the Presi-
dency of the Virgin Islands in the absence there-
from of a Judge of the Supreme Court of the
Leeward Islands, and of the Supreme Court of the
Windward Islands and Leeward Islands, the
powers, rights, acts and duties which may be
exercised and performed by a Commissioner of the
said Courts in the Presidency of the Virgin Islands
duly appointed by the Governor respectively under
section 9A of the Supreme Court Act (Cap. 22)
and under section 4 of the Act of 1939 in the
mistaken belief that he was empowered to exercise
and perform the same:
AND WHEREAS it is expedient in the in-
terests of the community of the Presidency of the
Virgin Islands to remove all such doubts, to validate
ths said appointment and to confirm and_ validate
the purported exercise by the said Magistrate for
District “J†of the powers, rights, acts and duties
of a Commissioner of the said Supreme Courts as
if the said Magistrate had been properly and legally
appointed a Commissioner of the Supreme Court
in the Presidency of the Virgin Islands between
the 28th day of June, 1938 and the 28th day of
August, 1943:
od
‘No. of 1954. Virgin Islands (Commissioner of the 3. LerwarRp
Supreme Court) Validation. IsLANDs.
ENACTED by the Legislature of the Leeward
Islands as follows:—
1. This Act may be cited as the Virgin Short title.
Islands (Commissioner of the Supreme Court)
Validation Act, 1954. :
2. All rights, powers, acts and duties exer- Validation.
cised and undertaken or purported to have been
exercised and undertaken by the Magistrate for
District “J†as a Commissioner of the Supreme
Court of the Leeward Islands and as a Commis-
sioner of the Supreme Court of the Windward Is-
lands and Leeward Islands in the Presidency of
the Virgin Islands between the 28th day of June, —
1938 and the 28th day of August, 1948, are
hereby confirmed and validated as fully and
effectually as if the provisions of section 3 of the
Supreme Court Act (Cap. 22) and of section 4 of
the Act of 1939 had been strictly observed and 20/1939.
followed and the persons performing the duties of
Magistrate for District “J†had been properly and
legally appointed as Commissioners of the said
Courts in the Presidency of the Virgin Islands, at
the times when such rights, powers, acts and
duties had been exercised and undertaken or had
been purported to have been exercised and under-
taken,
President.
Passed the General Legislative Council this
day of 1954.
Clerk of the Council.
Leewarp 4 Virgin Islands (Commissioner of the No. of 1954,
ISLANDS. Supreme Court) Validation.
OBJECTS AND REASONS.
The Magistrate, District “J,†was appointed a Com-
missioner of the Supreme Court in the Presidency of the Vir-
gin Islands by Commission of the Acting Governor dated 28th
June, 1938, under section 9A of the Supreme Court Act (Cap.
22) as enacted by section 2 of the Supreme Court (Amend-
ment) Act, 1987 (No. 20/1987). It is open to doubt whether.
the appointment should not have been by name in the absence
of any authority in the Act or in the Interpretation of Laws
Act (Cap. 103) for such appointment to be made by office,
2. The Supreme Court Act (Cap. 22) was repealed by
the Supreme Court Act (No. 20/1939) which came into opera-
tion on the lst day of January, 1940. Assuming that the
appointment referred to in the preceding paragraph was valid,
it came to an end with the repeal of the Supreme Court Act
(Cap. 22) under which it was made, there being no saving
provision in the repealing Act (No 20/1989) preserving the
continuity of the appointment.
3. No fresh appointment of «a Commissioner of the
Supreme Court in the said Presidency was made under section
4 of the Supreme Court Act of 1939, but the Commissioner as
ex officio Magistrate for District “J†continued to act as a
Commissioner of the Supreme Court in the mistaken belief
that the appointment mentioned in the first paragraph above
was and continued to be valid.
4, Apart from any other judicial acts that might have
been performed by the said Commissioner no less than thirty-
two Orders granting probate of the will of deceased persons or
letters of administration to the estate of persons dying intestate
were made by him during the period of first January, 1940 to
28th August, 19438.
5. The object of this Bill therefore is to validate the acts
of the Magistrate for District “J†in the Presidency of the
Virgin Islands as a Commissioner of the Supreme Court in the
said Presidency between the 28th day of June, 1938 and the
28th day of August, 1943.
oe C. A. Krusick,
Acting Attorney General,
16th December, 19538.
ANTIQUA,
Printed at the Government Printing Offico. Leeward Islands,
by E. M. Buackman, H.D., Government Printer.—By Authority.
1954. ‘
47/00283-- 35—7.54, [Price 4 cants.]
“ss
No. of 1954. Telecommunications (Amendment).
LEEWARD ISLANDS.
No. of 1954.
An Act to amend further the Telecommunica-
tions Act, 1949.
ENACTED by the Legislature of the Lee-
ward Islands as follows:—
1. This Act may be cited as the Telecom-
munications (Amendment) Act, 1954, and shall
‘be read as one with the Telecommunications Act,
1949, as amended, hereinafter called the Princi-
pal Act.
2. Section 4 of the Principal Act is here-
by amended as follows:—
(a) by the renumbering of subsection
(2) as subsection (3);
(b) by the insertion of the words, brack-
ets and figure “subsection (1) of†between
the word “of†and the word ‘‘this†in
subsection (3) as renumbered; and
(c) by the addition next after subsec-
tion (1) thereof of the following subsection
as subsection (2):—
(2) In any case in which it shall
appear to the Governor in Council of a
Presidency that no provision has been
made hy Rules made under this Act for
the issue of an appropriate licence, or
that the circumstances of the case jus-
tify the issue of a special licence, the
Governor in Council may, notwith-
standing the provisions of section 6 of
LrEwarRD
IsLANDS.
Short title.
13/1949,
1/1953,
Amendment of
section 4 of the
Principal Act,
t
Lerwarp 2. Telecommunications (Amendment). No, of 1954,
IsLanbs.
this Act, issue a special licence for the
establishment of a telecommunication
station and the installation, working
and operation of telecommunication
apparatus therein on payment of such
fees and on such terms and conditions
as to the Governor in Council may
seem fit,â€
President.
Passed the General Legislative Council this
day of 1954.
Clerk of the Council,
OBJECTS AND REASONS.
The object of this Bill is to amend the Principal Act to
provide for the issue of a special licence by the Goyernor in
Council of a Presidency in cases where no provisions are
contained in the Telecommunications Rules, 195i, for the
grant of an appropriate licence as in the case of licences to
establish radio installations on land for communication. with
aircraft.
2. Theamendment sought by the Bill is based on the
provisions of section 3(2) of the Wireless lelegraphy Ordi-
nance of Trinidad and Tobago under which similar licences
are granted.
2 P. Creer, Lewis,
Attorney General.
llth March, 1954.
ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by E, M. Buackman, Government Printer.—By Authority.
1964, ©
300—7.54 Price 4 cents.
a t
No, of 1954. Forgery. : LEEWARD
_ ISLANDS.
LEEWARD ISLANDS.
No. of 1954.
An Act to consolidate, simplify, and amend the
law relating to forgery and kindred offences,
ENACTED by the Legislature of the Leeward
Islands as follows:—
‘1. This Act may be cited as the Forgery short Title.
Act, 1954,
2. In this Act, unless the context otherwise Interpreta-
zeus es— vom
“bank note†includes any note or bill of
exchange of the Bank of England, or of
any person, body corporate, or company
carrying on the business of banking in
any part of the world, and _ includes
“ blank bill ee jada post bile blank
bank note †, blank bank bill of exchan ge’
and “ blank bank post billâ€;
“currency note’ includes any aot legally
issued as currency by or under the
authority of the Government of, or any
law in force in, the Colony or any part
of the Commonwealth including any
British protectorate or protected state or
any territory administered by Her Majes-
ty’s Government in the United Kingdom
or by the Government of any part of the
Commonwealth under the trusteeship
system of the United Nations, or of any
foreign state, or of any part or colony or
dependency, of any foreign state;
“ die’ includes any plate, type, tool, or
implement whatsover, and also any part
of any die, plate, type, tool, or impie-
ment, and any stamp or impression thereof
or uny part of such stamp or impression;
LEEWARD 2 . Forgery. No, of 1954,
ISLANDS,
“document of title to goods†includes, any
bill of lading, India warrant, dock
warrant, warehouse keeper’s certificate,
warrant or order for the delivery or
transfer of any goods or valuable thing,
bought or sold note, or any other
document used in the ordinary control of
goods, or authorising or purporting to
authorise, either hy endorsement or by
delivery, the possessor of such document
_ to transfer or receive any. goods thereby
represented or therein mentioned or
referred to;
‘document of title of lands†includes any
Crown grant, certifieate of title, deed,
map, roll, register, or instrument in
writing being or containing evidence of
the title or any part of the title to any
land or to any interest in or arising out
of any land, or any authenticated copy
thereof; —
‘‘revenue paper’? means any paper provided
by the proper authority for the purpose
of being used for stamps, licences, per-
mits, post office money orders, or postal
orders, or for any purpose whatsover
connected with the public revenue;
‘‘sealâ€â€™ includes any stamp or impression of
a seal, or any stamp or impression made
or apparently intended to resemble the
stamp or impression of a seal, as well as
the seal itself;
‘“‘stamp†includes a stamp impressed by
means of a die as well as an adhesive
stamp;
‘Treasury bill†includes Exchequer bill,
Exchequer bond, Exchequer debenture,
and War bond;
‘valuable security� includes any writing
entailing or evidencing the title of any
person to any share or interest in any
public stock, annuity, fund, or debt of
t
1
No, of 1954, Forgery. 3
any part of the Commonwealth or of any
foreign state, or in any stock, annuity,
fund, or debt of any body corporate,
company, or society, whether within or
without the Commonwealth, or to any
deposit in any bank; and also includes
any scrip, debenture, bill, note, warrant,
order, or other security for the payment
of money, or any authority or request
for the payment of money or the delivery
or transfer of goods or chattels, or any
accountable receipt, release, or discharge,
or any receipt or other instrument evi-
dencing the payment of money, or the
delivery of any chattel personal.
. (1) For the purposes of this Act,
“forgery†is the making of a false document in
order that it may be used as genuine, and, in the
case of the seals and dies mentioned in this Act,
the counterfeiting of a seal or die; and forgery
with intent to defraud or deceive, as the case may
be, is punishable as in this Act provided,
(2) A document is false within the meaning
of this Act if the whole or any. material part there-
of purports to be made by or on behalf or on
account of a person who did not make it nor
authorise its making; or if, though made by or on
behalf or on account of the person by whom or by
whose authority it purports to have been made, the
time or place of making, where either is material,
~ or in the case of a document identified by number
or mark, the number or any distinguishing mark
identifying the document, is falsely stated therein,
and in particular a document is false—
(a) if any material alteration, whether
by addition, insertion, obliteration, erasure,
removal, or otherwise, has been made therein;
or
(6) if the whole or some material part of
it purports to be made by or on behalf of a
fictitious or deceased person; or
LEEWARD
TSLANDS,
Definition of
be forgery 32
“ False
document.â€
LEEWARD
ISLANDS,
Forgery of
certain docu-
ments with
intent to
defraud.
4
f
Forgery. No, of 1954,
(c) if, though made in the name of an
existing person, it is made by him or by his
authority with the intention that it should
pass as having been made by some person,
real or fictitious, other than the person who
made or authorised it,
(3) For the purposes of this Act—
(a) it is immaterial in what langnage a
document is expressed or in what place
within or without the Commonwealth it is
expressed to take effect;
(b) forgery of a document may be com-
plete even if the document when forged is
incomplete, or is not or does not purport to
be such a document as would be binding or
sufficient in law;
(c) the crossing on any cheque, draft on
a banker, post office money order, postal
order, coupon, or other document the crossing
of which is authorised or recognised by law,
shall be a material part of such cheque, draft,
order, coupon, or document;
(d) a document may be « false document
notwithstanding that it is not false in such a.
manner as is described in subsection (2) of
this section.
4. (1) Forgery of the following documents,
if committed with intent to defraud, shall be felony
and punishable with imprisonment for life or for
any term—
(a) any will, codicil, or other testamen-
tary document, either of a dead or of a living
person, or any probate or letters of adminis-
tration, whether with or without the will
annexed ; :
(6) any deed or bond, or any assignment
at law or in equity of any deed or bond, or
any attestation of the execution of any deed
or bond; :
(c) any bank note, or any endorsement
on or assignment of any bank note;
No. of 1954. Forgery. 5
(d) any currency note.
(2) Forgery of the following documents, if
committed with intent to defraud, shall be felony
and punishable with imprisonment for any term
not exceeding fourteen years—
(a) any valuable security or assignment
thereof or endorsement thereon, or where the
valuable security is a bill of exchange, any
acceptance thereof;
(6) any document of title to lands or
any assignment thereof or endorsement there-
on;
(c) any document of title to goods or
‘any assignment thereof or endorsement there-
on; c ,
(d) any power of attorney or other
authority to transfer any share or interest in
any stock, annuity or public fund of the
United Kingdom or any part of the Common-
wealth or of any foreign state or country, or
to transfer any share or interest in the debt of
any public body, company, or society, Com-
monwealth or foreign, or in the capital stock
of any such company or society, or to receive
any dividend or money payable in respect of
such share or interest, or any attestation of
any such power of attorney or other authority ;
(e) any entry in any book or register
which is evidence of the title of any person to
any share or interest hereinbefore mentioned
or to any dividend or interest payable in
respect thereof ;
(7) any policy of insurance or any
assignment thereof or endorsement thereon;
(y) any charter-party or any assignment
thereof;
5. (1) Forgery of the following documents,
if committed with intent to defraud or deceive,
shall be felony and punishable with imprisonment
for life or for any term—
LEEWARD
ISLANDS.
Forgery of
certain docu-
ments with
intent to
defraud or
deceive.
LEEWARD
ISLANDS.
6 .
‘
Forgery. No. of 1954.
Any document whatsoever having there-
upon or affixed thereto the stamp or impres-
sion of the Public Seal of the Colony or of
any Presidency, the Great Seal of the United
Kingdom, Her Majesty's Privy Seal, any
Privy Signet of Her Majesty, Her Majesty’s
Royal Sign Manual, any of Her Majesty’s Seals
appointed by the twenty-fourth article of the
Union between England and Scotland to be
kept, used, and continued in Scotland.
(2) Forgery of the following documents, if
committed with intent to defraud or deceive, shall
be felony and punishable with imprisonment for
any term not exceeding fourteen years—
(a) any register or record of births,
baptism, namings, dedications, marriages,
deaths, burials, or cremations which now is,
or hereafter may be, by law authorised or
required to be kept in the Colony, relating to
any birth, baptism, naming, dedication, marri-
age, death, burial, or cremation, or any part
of any such register, or any certified copy of
any such register, or of any part thereof;
(6) any copy of any register of births,
baptisms, marriages, burials, or cremations
directed or required by law to be transmitted
to any registrar or other ofticer; :
(c) any wrapper or label provided by ot
under the authority of the Governor or the
head of any department of the public service,
(3) Forgery of the following doctiments, if
committed with intent to defrand or deceive, shall
be felony and punishable with imprisonment. for
any term not exceeding seven years—
(a) any official document whatsoever of
or belonging to any court of justice, or made
or issucd by any Judge, Magistrate, officer, or
clerk of any such court;
v
No.
of 1954. Forgery. ; 7
(b) any register or book kept under the
provisions of any law in -or under the
authority of any court of justice;
(c) any certificate, office copy, or certified
copy of any such document, register, or book
or any part thereof; :
(d) any document which any person
_ authorised to administer an oath under the
Commissioners for Oaths Act is authorised or
required by law to make or issue;
(e) any document made or issued by any
public officer or law officer of the Crown, or
any document upon which by the law or
usage at the time in force any court of justice
or any officer might act;
(f) any document or copy of a document
used or intended to be used in evidence in any
court of justice or any document which is
made evidence by law;
(g) any certificate required by any law
for the celebration of marriage;
(h) any licence for the celebration of
marriage which may be given by law;
(i) any certificate, declaration, or order
under any law relating. to vaccination or to the
regiatration of births or deaths;
(j) any register book, builder’s cértificate,
surveyor’s certificate, certificate of registry,
declaration, bill of sale, instrument of mort-
gage, or certificate of mortgage or sale under
Part I of the Merchant Shipping Act, 1894,
or any entry or endorsement required by the
said Part of the said Act to be made in or on
any of these documents;
(k) any permit, certificate, -or similar
document made or granted by or under the
authority of any law relating to customs;
(1) any certificate of the Commissioners
appointed under and acting in execution of the
Income ‘lax Ordinances of any Presidepey ;
LEEWAR))
ISLANDS.
Cap. 72
57 & 58 Vict.
v. 60
LEEWARD
ISLANDS.
Passports:
forgery;
untrue state-
ments.
Forgery of
documents
with intent to
defraud or
deceive.
Forgery of
seals and dies,
: tT
8 Forgery. No. of 1954.
(m) any certificate or any copy of any
register issued by or under the authority of a
Registrar General of any Presidency and not
otherwise provided for.
6. The forgery of any passport, or the
inaking by any person of a statement which
is to his knowlege untrue for the purpose of
procuring a passport, whether for himself or any
other person, shall be a misdemeanor and punish-
able with imprisonment for any term not exceeding
two years.
7. Forgery of any document which is not
made felony under this Act or any other law for
the time being in force, if committed with intent to
defraud or deceive, shall be a misdemeanor and
punishable with imprisonment for any term not
exceeding tivo years.
8. (1) Forgery of the following seals, if
committed with intent to defraud or deceive, shall
be felony and punishable with imprisonment for
life or for any term—
(a) the Public Seal of the Colony or of
any Presidency, the Great Seal of the United
Kingdom, Her Majesty’s Privy. Seal, any
Privy Signet of Her Majesty, Her Majesty’s
Royal Sign Manual, any of Her Majesty’s
Seals appointed by the twenty-fourth article
of the Union between England and Scotland
to be kept, used, and continued in Scotland ;
_ (6) the seal of any court of justice.
(2) Forgery of the following seals, if commit-
ted with intent to defraud or deceive, shall be
felony and punishable with imprisonment for
fourteen years—
(a) the seal of a Registrar General of
any Presidency ;
(6) the seal of a
Supreme Court;
(vr) the seal of any Judge, minister of
yeligion, consul, commissioner for oaths, or
notary public,
Registrar of the
No. of 1954. Forgery. 9 LeewaRD
ISLANDS,
(3) Forgery of the following dies, if commit-
ted with intent to defraud or deceive, shall be
felony and punishable with imprisonment for any
term not exceeding fourteen years—
(a) any stamp or die provided, made, or
used for the purpose of or in connection with
customs;
_ . (A) any stamp or die provided, made, or Cap. 135.
used. in pursuance of the Stamp Act.
9. (1) Every person who utters any forged Uttering.
document, seal, or die shall be guilty of an offence
of the like degree (whether felony or misdemeanor)
und on conviction thereof shall be liable to the
same punishment as if he himself had forged the
document, seal or die.
(2) A person utters a forged document, seul, Definition of
or die, who, knowing the same to be forged, and “utteringâ€.
with either of the intents necessary to constitute
the offence of forging the said docunient, seal, or
die, uses, offers, publishes, delivers, disposes. of,
tenders in payment or in exchange, exposes for
sale or exchange, exchanges, tenders in evidence, or
puts off the said forged document, seal, or die.
(3) It is immaterial where the document, seal,
or ais was forged.
10. Every person shall be guilty of felony Demanding
and on conviction thereof shall be liable to pees
imprisonment for any term not exceeding fourteen ments, ete.
years, who, with intent to defraud, demands,
receives, or obtains, or causes or procures to be
delivered, paid, or transferred to any person, or
endeavours to receive or obtain or to cause or
procure to be delivered, paid, or transferred to any
person, any money, security for money, or other
property, real or personal—
(a) under, upon, or by virtue of any
forged instrument whatsoever, knowing the
same to be forged;
(6) under, upon, or by virtue of any
probate or letters of administration, knowing
the will, testament, codicil, or testamentary
LEEWARD
ISLANDS.
Possession of
forged docu-
ments, seals,
and dies.
“Cap. 135,
Making or
having in
possession
paper or im-
plements for
forgery.
10 Forgery. No. of 1954.
writing on which such probate or letters of
administration shall have been obtained to
have been forged, or knowing such probate or
letters of administration to have been obtained
by any false oath, affirmation, or affidavit.
11. (1) Every person shall be guilty of
felony and on conviction thereof shall be liable to
imprisonment. for any term not exceeding fourteen
years, who, without lawful authority or excuse, the
proof whereof shall lie on the accused, purchases or
receives froin any person, or has in his custody or
possession, a forged bank note, or a forged
currency note, knowing the same to be forged.
(2) Every person shall be guilty of felony
and on conviction thereof shall be liable to
imprisonment for any term not exceeding fourteen
years, who, without lawful authority or excuse, the
proof whereof shall lie on the accused, and
knowing the same to be forged, has in his custody
or possession—
(a) any forged die required or authorised
by law to be used for the making of gold or
silver plate, or of gold or silver wares, or any
ware of gold, silver, or base metal bearing the
impression of any such forged die;
(6) any forged stamp or die resembling
or intended ‘to resemble either wholly or in
part any stamp or die which at any time
whatever has been or may be provided, made,
or used in pursuance of the Stamp Act;
(c) any forged wrapper or label provided
by or under the authority of the Governor or
the head of any department of the public
service;
(d) any forged seal or die the forgery of
which with intent to defraud or deceive is
made punishable by section-8 of this Act.
12. Every person shall be guilty of felony
and on conviction thereof shall be liable to
imprisonment for any term not exceeding seven
years, who, without lawful authority or excuse, the
proof whereof shall lie on the accused—
e
No. of 1954. Forgery. 11 Lerwarv
ISLANDS.
(a) makes, uses, or knowingly has in his
custody or possession any paper intended to
resemble and pass as—
(i) special paper such as is provided and
used for making bank note, currency
note, Treasury bill, or Government
debenture bond;
(ii) revenue paper;
(b) inakes, uses, or knowingly has in his
custody or possession any frame, mould, or
instrument for making such paper, or for
producing in or on such paper any words,
figures, letters, marks, lines, or devices peculiar
to and used in or on any such paper;
(c) engraves or in anywise makes upon
any plate, wood, stone, or material, any words,
figures, letters, marks, lines, or devices, the
print whereof resembles in whole or in part
words, figures, letters, marks, lines, or devices
peculiar to and used in or on any bank note,
or currency note, or Government debenture
bond, or in or on any document entitling or
evidencing the title of any person to any share
or interest in any public stock, annuity, fund,
or debt of any body corporate, company, or
society, whether within or without the Com-
monwealth;
(d) uses or knowingly has in his custody
or possession any plate, wood, stone, or other
material upon which any such words, figures,
letters, marks, lines, or devices have been
engraved or in anywise made as aforesaid ;
(e) uses or knowingly has in his custody
or possession any paper upon which any such
words, figures, letters, marks, lines, or devices
have been printed or in anywise made us
aforesaid ;
(7) makes, uses, or knowingly has in his
custody, or possession any unfinished or
‘incomplete note purporting to be a currency
LEEWARD
ISLANDS.
Purchasing or
having in
possession cer-
tain paper
before it has
been duly
stamped and
issued,
Punishments.
Criminal
possession.
t
1 Forgery. — No. of 1954.
note, or any paper with any word, figure,
device, or distinction peculiar to‘and appearing
in the substance of paper used for any
currency note.
18. Every person shall be guilty of a
‘misdemeanor, and on conviction thereof shall be »
liable to imprisonment for amy term not exceeding
two years, who, without lawful authority or excuse,
the proof whereof shall lie on the accused, pur-
chases, receives, or knowingly has in his custody or
/possession—
(a) any special paper provided and tised
for making bank notes, currency notes,
Treasury bills, and Government debenture
bonds, or any revenue paper before such paper
has been duly stamped, signed, and issued for
public ube;
(6) any die peculiarly used in the manu-
facture of any such paper.
14. (1) On conviction of a misdemeanor
punishable under this Act, the court, instead of or
in addition to any other punishment which may
lawfully be imposed, may fine the offender.
(2) On conviction of a felony punishable
under this Act, the court, in addition to imposing
a sentence of imprisonment, may require the
offender to enter into his own recognisances, with
or without sureties, for keeping the peace and
being of good behaviour.
(3) On conviction of a misdemeanor punish-
able under this Act, the court, instead of or in
addition to any other punishment which may
lawfully be imposed for the offence, may require
the offender to enter into his own recognisances,
with or without sureties, for keeping the peace and
being of good behaviour.
(4) No person shall be imprisoned under this
section for more than one year for not finding
sureties.
15. (1) Where the having any document,
seal, or die in the custody or possession of any
‘
€.
, a
No, of 1954, Forgery. 13
person is in this Act expressed to be an offence, a
person shall be deemed to have a document, seal, or
die in his custody or possession if he—
(a) has it in his personal custody or
possession; or
(b) knowingly and wilfully has it in the
actual custedy or possession of any other per-
son, or in any place, building, lodging, apart-
ment, field, or other place, “whether open or
enclosed, and whether occupied by himself or
not.
(2) It is immaterial whether the document,
matter, or thing is had in such custody, possession,
or place for the use of such person or for the use
or benefit of another person,
16. (1) If it shall be made to appear by
information on oath before a Magistrate that there
is reasonable cause to believe that any person has
in his custody or possession without lawful
authority or excuse—
(a) any bank note, currency note, Trea-
sury bill, or Government debenture bond; or
(6) any implement for making paper of
imitation of the paper used for bank notes,
currency notes, Treasury bills, or Government
debenture bonds; or
(c) any material having thereon any
words, forms, devices, or characters capable of
producing or intended to produce the impres-
sion of a bank note, currency note, Treasury
bill, or Government debenture bond; or
(d@) any forged document, seal or die; or
e) any machinery, implement, utensil
y ys I ’ ’
or material used or intended to be used for the
forgery of any document;
the Magistrate may grant a warrant to search for
the same, and if the same shall be found on search,
it shall be lawful to seize it and carry it before a
Magistrate of the district in which the warrant was
issued to be by him disposed of according to law.
LEEWARD
ISLANDS.
Search
Warrants,
.
Leewarp = 14 Forgery. No, of 1954,
ISLANDS.
Disposal of (2) Where any forged document (including
documents, any forged bank note, currency note, Treasury bill,
seized, | or Government debenture bond), or any machinery,
implement, utensil, or material used or intended to
be used for the forgery of any such document, is
lawfully seized under a warrant granted in pur-
suance of subsection (1) of this section, or other-
wise, the document, machinery, implement, utensil
or material, as the case may be, shall be delivered
up to the Commissioner of Police, or to any person
authorised by him to receive the same, by order of
the court before which the offender is tried or, if
there is no trial, by order of a Magistrate.
Documents. (3) Every other document, seal, or die law-
eto., to be fall ie 1 ea a a halt
destroyed or fully seized under such warrant, or otherwise, sha
otherwise be defaced and destroyed or otherwise disposed of—
disposed of,
(a) by order of the court before whicli
the offender is tried; or
(6) if there be no trial, by order of a
Magistrate,
Form of 17. (1) In an indictment or information for
and proofot 0 Offence against this Act with reference to any
intent. docuinent, seal, or die, it is sufficient to refer to the
document, seal or die by any name or designation
by which it is usually known, or by its purport,
without setting out any copy or facsimile of the
whole or any part of the document, seal, or die.
(2) Where an intent to defraud or an intent to
deceive is one of the constituent elements of an
offence punishable under this Act, or under any
other law relating to forgery or any kindred offence
for the time being in force, it shall not be necessary
to allege in the indictment or to prove an intent to
defraud or deceive any particular person; and it
shall be sufficient to prove that the defendant did
the act charged with intent to defraud or to deceive,
as the case may require.
Partnerships, (3) If any person who is a member of any
co-partnership, or is one of two or more beneficial
owners of any property, forges any document,
matter, or thing with intent to defraud the co-part-
nership or the other beneficial owners, he shall be
«
Woe of 1954, Forgery, 15
liable to be dealt with, indicted, tried, and punished
as if he had not been or was not a member of.the
co-partnership or one of such beneficial owners.
18. (1) Where an offence against this Act
also by virtue of some other law subjects the
offender to any forfeiture or disqualification, or to
any penalty other than imprisonment or fine, the
liability of the offender to punishment under this
Act shal! be in addition to and not in substitution
for his liability under such other law.
_ (2) Where an offence against this Act is by
any other Act, whether passed before or after the
commencement of this Act, made punishable on
summary conviction, proceedings may be taken
either under such other Act or under this Act.
19. The Acts specified in the second column
of the Schedule to this Act are hereby repealed to
the extent specified in the third column thereof.
20. This Act shall come into operation on a
date to be fixed by the Governor by proclamation
published in the (Gazette.
President.
Passed the General Legislative Council this
day of 1954.
Clerk of the Council.
LEBWARD
ISLANDS,
Savings.
Offences
punishable
under other
Acts.
Repeal.
Commence-
ment,
LEEWARD 16 ; Forgery, No. of 1954,
«
ISLANDS,
SCHEDULE,
Chapter or number _ Short Title Extent of repeal
and year of Act
Cap. 35 The Forgery Act The whole Act,
8/1932 The Forgery (Amendment)
Act,. 1932. : The whole Act:
12/1937 The Forgery (Amendment)
Act, 1937. The whole Act,
29/1937 The Counterfeit
Currency (Convention)
Act, 1937. Sections 2 and 3.
1/1938 The Counterfeit
Currency (Convention)
(Amendment) Act, 1938, The whole Act.
9/1941 The Counterfeit °
Currency Act, 1941. Sections 2 and 4,
4/1950 Currency Act, 1950. Section 11.
OBJECTS AND REASONS.
The object of this Bill is to simplify the law relating to forgery and
kindred offences by repealing the Forgery Act, which was passed in
1876, and other related provisions, and substituting therefor legislation
on the lines of the Forgery Ordinance (Ch. 4 No. 12) of Trinidad and
Tobago which was itself based on the provisions of the Forgery Act
1913 (3 & 4 Geo. 5 c. 27).
9
2. Paragraph (d) of subclause (3) of clause 3 of the Bill embodies
the provisions of subsection (1) of section 35 of the Criminal Justice
Act, 1925 (15 & 16 Geo. 5 c. 86).
C. A. KELSICK,
Acting Attorney General.
ANTIGTA.
Printed at the Government Printing Office, Leeward Islands,
by E, M. BuackMmAn, Government Printer.—By Authority.
1954,
—300—7.54. [Price 18 cents.)
re
No, of 1954, Evidence (Amendment)
LEEW ARD ISLANDS.
No. : of 1954.
An Act to amend farther the Evidence Act.
ENACTED by the Legislature of the Lee-
ward Islands as follows:—
1. This Act may be cited as the Evidence
(Amendment) Act, 1954, and shall be read as one
with the Evidence Act, as amended, hereinafter
called the Principal Act,
2. The Principal Act is hereby amended by
the insertion therein immediately after section 12
of the following sections as sections 12A, 12B and
12C respectively :—
“12A. Every Judge shall take judicial
notice of the following faets:—
(a) all public Acts of the Imperial
Parliament whatever, unless the contrary
is expressly provided in any such Acts;
(6) all Orders of the Queen in
Council and statutory instruments of the
United Kingdom having effect in the
Colony ;
(c) the London Gazette and the
Government Gazette of any Colony or
possession in Her Majesty’s dominions;
(d) all laws purporting to be printed
or published by authority or by the
Government Printer; .
(e) all other matters which a Judge
is directed by any law to notice.
LEEWARD
IsLaNnpbs,
Short title.
Cap. 52.
6/1930,
3/1942, .
10/1949,
Insertion of
new sections
in the Princi-
pal Act,
Facts of
which judicial
notice is to be
taken,
»
Leeward 2 Lvidence (Amendment) No. of 1954.
ISLANDS.
©
Proof of fact 12B. No evidence of any fact of which
judicially judicial notice shall. be taken need be given
noticed.
by the party alleging its existence; but the
Judge, on being called upon to fae judicial
notice ‘ther eof may, if he is unacquainted with
the fact, refer to any person or to any
: dgcnm cnt or book of. reference for his satisfac-
tion in relation thereto, or may refuse to take
judicial notice feerear unless and until the
party calling upon him to take the notice
produces the document or book of reference.
Definition of 12C. For the purpose of sections 124
mee and 12B of this Act the term “Judgeâ€
includes all persons authorised to take evidence
either by law or by consent of parties.â€
+
President.
Passed the General Legislative Council this
day of ~ 1954.
Clerk of the Council.
OBJECTS AND REASONS.
The Courts are bound to take judicial notice (that is, tu
recognise without proof in Court) of certain matters, ¢.g. the
common ‘and statute law and rights and duties depending
thereon. By virtue of section 6 of the Interpretation of Laws
Act (Cap. 103) all “ Acts†of the General Legislature shall be
judicially noticed. Matters of which judicial notice is not
taken require to be established by evidence.
2. The Interpretation of Laws Act (Cap. 103) provides
that the production of a copy of the Guzedie containing a copy.
of any regulation, rule, by-law, proclamation, Order in Council
and order made under the authority of any Act shall be prima
facie proof in all Courts of the due making thereof,
3. The Gazette Evidence Act (Cap. 54) also provides
that the G'acet/e shall be admitted in evidence by all Courts ete.
without proof of its publieation and shall be taken and accepted
as evidence of the proclamations, orders, appointments, notices
and other publications therein printed and of the things
contained in such instruments.
No. of 1954. Evidence (Amendment) 3 Lerwarb
ISLANDS.
4. In the case of rules, regulations or Orders in Council
made under the authority ‘of an Act of Parliament production
of a copy printed by authority (that is by Her Majesty’s
Stationery Office) is, under the provisions of the Imperial
Documentary Evidence Act, 1868, required if the rule as to
strict proof is to be adhered to.
5. It occasionally happens, however, that such formal
means of proof are not available and it is frequently inconvenient
to obtain them,
6. The Bill which seeks to amend the Evidence Act
(Cap. 52) enumerates various additional matters of which
judicial notice shall be taken. Provision is made that facts of
which judicial notice is taken may be proved by reference to
documents or books of reference. [n the result the necessity of
formal production of the (rvazetie to establish that certain local
subsidiary legislation was validly made will be obviated.
P. Ceci, Lewis,
Attorney General.
15th February, 1954.
ANTIGUA. :
Printed at the Government Printing Office, Leeward Islands,
hy E. M. BLACKMAN, Government Printer.--By Authority.
1954,
47/00232—300—7.54. Price 5 cents.
"No. of 1954. 7: ravelling and Subsistence LrRWARD
Allowances ( Repeal) ISLANDS,
LEEWARD ISLANDS.
‘No. of 1954.
An Act to repeal the Travelling and Subsistence
Allowances Act, 1947.
- ENACTED the Legislature of the Leeward
Islands as follows;—
1. This Act may be cited asthe Travelling short title.
and Subsistence Allowances (Repeal) Act, 1954.
2. The Travelling and Subsistence Allow- Repeal. ®
ances Act, 1947 is hereby repealed. 5/1947.
3. This Act shall come into operation on a Commence-
_ date to be fixed by the Governor by Proclamation ™™
published in the Gazette,
President.
Passed the General Legislative Council this
day of 1954,
Clerk of the Council,
Lezwarp 2 7: ravelliny and Subsistence No. of 1954.
IsLANDS. Allowances (Repeal)
OBJECTS AND REASONS.
Tt is considered to be more convenient
administratively to provide for the payment of
travelling and subsistence allowances under General
Orders, and to this end Orders have been drawn up.
When these Orders come into force the Act
authorising the payments of such allowances will
become superfluous and the object of this Bill is to
remove this Act from the Statute Book.
P. Ceci, Lewis,
ae au ae Attorney General.
11th May, 1954.
; ANTIGUA. :
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.—By Authority.
1954,
47/00309-—300—7.54.
Price 4 cents.
s
€ ce
No. of 1954. Dangerous Drugs (Amendment) LEEWARD
ISLANDS.
LEEWARD ISLANDS.
No. of 1954.
An Act to amend further the Dangerous Drugs
Act, 1937.
ENACTED by the Legislature of the
Leeward Islands as follows:—
1. This Act may be cited as the Dangerous Short title.
Drugs (Amendment) Act, 1954, and shall be 23/1937.
read as one with the Dangerous Drugs Act, 4/1941.
1937, as amended, hereinafter called the Prin-
cipal Act.
2. Section 2 of the Principal Act shall Amendment
have effect as if— of section 2 of
F the Principal
Act,
(a) the following were substituted for
paragraph (h)—
“(h) “Kegonine’� means levo-
ecgonine and includes any derivatives
of ecgonine from which it may be
recovered industrially.†.
(b) references in paragraphs (4), (/)
and (m) respectively to the ‘Geneva Con-
vention (No. 1)â€, the ‘Geneva Convention
(No. 2)’’ and the “ Hague Conventionâ€
were construed as references to those Con-
ventions as amended by the Protocol on
Narcotic Drugs signed at Lake Success,
New York, ov the 11th day of December,
1946; and
(c) the following were substituted for
paragraph («)—
LEEWARD
ISLANDS.
Amendment
of section 11 -
of the Princi-
pal Act.
Amendment
of section 13
of the Princi-
pal Act,
Amendment ©
of section 14
of the Princi-
pal Act.
3 Q Rap.
2 Dangerous Drugs (Amendment) No. — of 1954.
“(v) “Senior Medical Officerâ€
means the Senior Medical Officer of
each and every of the Presidencies,
and, in case there shall be no such
officer in any Presidency, any Medical
Officer appointed by the Governor for
the purposes of the administration of
this Act in such Presidency.â€.
Section 11 of the Principal Act is here-
by amended by the substitution of the word
“Act†for the word ‘ Ordinance†appearing
at the end thereof.
4. Subsection (2) of section 13 of the
Principal Act is hereby amended by the substitu-
tion of the words “ Governor in Council†for
the word “ Governor†appearing therein.
5. Section 14 of the Principal Act is
hereby amended as follows:— :
(a) by deleting the words “ For the
purposes of the foregoing provisions â€â€™
appearing in subsection (1) and all the
words following thereafter to the end of
the subsection, and substituting therefor the
following—
“For the purposes of this sub-
section, percentages, in the case of
morphine, shall be calculated as in
respect of anhydrous morphine and,
in the case of liquid preparations, shall,
unless other provision in that behalf is
made by rules made by the Governor
in Council be calculated on the basis
that a preparation containing one per
cent of a substance means a prepara-
tion in which one gramme of the
substance, if a solid, or one millilitre of
the substance, if a liquid, is contained
in every one hundred millilitres of the
preparation, and so in proportion for
any greater or less percentage.â€; and
(6) by substituting the following sub-
sections for subsections (2), (3) and (4)—
No, of 1954, Dangerous Drugs (Amendment) 3 LEEWARD
: . ISLANDS.
“(2) If it appears to the Governor
in Council that a new derivative of
morphine or cocaine or of any salts or
morphine or cocaine or any other
alkaloid of opium or any other drug of
whatever kind—
(a) is, or is likely to be,
productive,if improperly used, of
ill effects substantially of the same
character or nature as, or analogous
to, those produced by morphine or
cocaine; or
(6) is capable of being con-
verted into a substance which is,
or is likely to be, productive, if
improperly used, of such effects,
the Governor in Council may by order
declare that this Part of this Act shall
apply to that new derivative or alkaloid
or other drug in the same manner as it
applies to the drugs mentioned in sub-
section (1) of this section,
(3) The Governor in Council may
by order apply this Part of this
Act, with such modifications as may
be specified in the order, to any
of the following drugs, that is to say,
methylmorphine (commonly known as
codeine), ethylmorphine (commonly
known as dionin) and their respective
salts.
(4) If the Governor in Council .
thinks fit by order to declare that
a finding with respect to a preparation
containing any of the drugs to which
this Part of this Act applies has, in
pursuance of Article 8 of the Geneva
Convention (No. 1) been communicated
by the Economic and Social Council of
the United Nations to the parties to the
said Convention, the provisions of this
Part of this Act shall, as from such
date as may be specified in the order,
cease to apply to the preparation speci-
fied therein.â€â€™.
% se
LEEWARD 6 Dangerous Drugs (Amendment) No, — of 1954,
ISLANDS.
7. Paragraph (a) of clause 2 introduces the new
definition of “ecgonine†contained in section 10 of the
Imperial Act of 1951, and paragraph (/) affects an amend-
ment to the Colony’s Act along the lines of subsection (2)
of section 28 of the said Act.
8. Paragraph (c) of clause 2 amends the definition of
“Senior Medical Officer’? consequent on the abolition of
the office of Federal Senior Medical Officer, and Clauses 3
and 4 effect two minor amendments to the Colony’s Act.
P. Crecin LEWIS,
Attorney General.
18th March, 1954.
ANTIGUA.,
Printed at the Government Printing Office, Leeward Islands.
by E. M. BuackmaNn, Government Printer.—By Authority,
1954,
47/00157—300—7.54. [Price 8 cenés.]
a
No. of 1954.
Public Holidays.
s
-LEEWARD ISLANDS.
No. of 1954. *
. An Act to make provision for Public Holidays
and respecting obligations to make payments
and do other acts on such Public Holidays,
ENACTED by the Legislature of the Lee-
ward Islands as follows:—
1. This Act may be cited as the Public
Holidays Act, 1954,
2. The several days in the Schedule to
this Act mentioned (which days are hereinafter
referred to as public holidays), shall be kept as
close holidays in all banks, shops or stores where
goods are sold, and-at the several public offices
in the Colony, and all bills of exchange and
promissory notes which are due and payable on
any such public holiday shall be payable and, in
case of non-payment, may be noted and protested
on the next following day, and not on any public
holiday; and any such noting or protest shall
be as valid as if made on the day on which the
bill or note was made due and payable; and for
all the purposes of this Act the day next. follow-
ing a public holiday shall meap the next follow-
ing day on which a Lill of exchange may be law-
fully noted or protested.
8. When the day on which any notice of
dishonour of any unpaid bill of exchange or pro-
missory note should be given, or when the day
on which a bill of exchange or promissory note
should be presented or received for acceptance,
or accepted, or forwarded to any referee or
‘referees, is a public holiday, such notice of dis-
honour shall be given and such bill of exchange
LEEWARD
IsLANDS,
Short title,
Days noted in
Schedule to
be kept as
public
holidays,
Provisions
where day of
notice of dis-
honour or
presentation
falls on a
holiday.
LEEWARD
IsLaNDs.
No persons
obliged to
make pay-
ment etc, on
holidays.
Power to
Governor in
Council to
appoint
special public
holidays anc
to change day
fixed for a
public
holiday.
Power of
Governor in
Counci) to
appoint
special public
holidays for -
Presidencies,
_ form
s
2 Public. Holidays. No. of 1984.
or promissory note shall be presented or for-
warded on the day next following such public
holiday.
4. No person shall be compellable to make
any payment or to do any act upon such public
holidays, which he would not be compellable to
do or make on Christmas Day or Good Friday;
and the obligation to make such payment and do
such act shall apply to the day following such
public holiday, and the making of such payment
and doing such act on such following day shall
be equivalent to payment of the money or per-
ance of the act on the holiday.
5. Itshall be lawful for the Governor from
time to time with the advice of the Executive
Council of the Leeward Islands to issue a
proclamation—
(a) appointing a special day or part of
a day to be reserved as a public holiday
throughout the Colony, and any day or part
of a day so appointed shall be kept as a
close holiday i in all banks, shops, stores and
public offices aforesaid in the Colony, and
shall; as regards bills of exchange and pro-
missory notes be deemed to be a public
holiday for all purposes of this Act;
(4) when it is made to appear to him
in any special case that in any year it is
inexpedient that a day by this Act appoiited
a public holiday should he a public holiday,
declaring that such day shall not in such
year be a public holiday, and appointing
such other day as to him may seem fit to be
a public holiday, instead of such day, and
thereupon the day so appointed shall.in such
year be substituted for the day originally
appointed by this Act.
6. It shall be lawfui for the Governor froni
tinie to time with the advice of the bxecutive
Council of a Presidency to issue a Proclamation
appointing a special day or part of a day to be
reserved as a public holiday in such P residency
and any day or part of a day so appointed shall
a 8
No. of 1954. Public Holidays. 3
be kept as a close holiday in all banks, shops,
stores and public offices aforesaid in the Presi-
dency and shall, as regards bills of exchange and
promissory notes be deemed to be a public holi-
day for all purposes of this Act.
7. Nothing in this Act shall—
(a) prevent the opening of a drug store
or drug shop on a public holiday in case of
necessity for making up prescriptions and
supplying drugs;
(b) be deemed to prohibit the opening
of any public market or the sale at any place
of any article of food or drink up to the
hour of nine o’clock in the morning.
8. Notwithstanding anything contained in
this Act the Governor with the advice of the
Executive Council of a Presidency, may from
time to time, by oraer published in the Gazette
permit any class of shop specified in such order
to be kept open on a public holiday in such
Presidency or any part thereof during such hours
and subject to such terms and conditions as may
be prescribed by such order, ©
9. For the purposes of sections 6 and § of
tliis Act the expression “ Governor†shall mean
the officer for the time being administering the
government of a Presidency.
10. Any person after the coming into
operation of this Act who keeps open any bank,
shop, store or public office in contravention of
the previsions of this Act, or Zails to comply
with the provisions of any order made under
section § of this Act shall be liacle on surmmary
conviction toa penalty not exceeding two hun-
dred and fifty dollars
11. Banix
repealed
The Holidays Act is hereby
LeEwarp
IsLANDs.
Exceptions,
Provision
fov opening of
shops and
stores,
Definition of
“ Governor â€
for purposes
of sections 6
and 8.
Penalty for
opening on
public
holidays,
Cap. 114,
: = 2 ®
Leewarp 4 Public Holidays. No. of 1954.
[SLANDS.
Commencement, 12. This Act shall come into operation on
a day to be appointed by the Governor by pro:
clamation published in the Gazette,
President.
Passed the General Legislative Council this
day of 1954,
Clerk of the Council,
SCHEDULE.
The anniversary of the birth of the Sovereign or the day, of which due
public notice shall be given, appointed to be kept as the Sovereign’s
birthday.
The anniversary of the birth of the Heir to the Throne,
The first day of January in each year.
Empire Day, being the twenty-fourth day of May.
The twenty-sixth day of December.
If any of the abovementioned days fall on a Sunday the next
following Monday shall be a public holiday.
Easter Monday. .
Labour Day (the first Monday in May).
Whit Monday.
The first Monday in August.
Nore: Sundays, Christmas Day and Good Friday are observed as
Common Law Holidays.
‘
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BuackMAN, Government Printer—By Authority.
1954, :
47/00301—300—7.54. { Price 6 cents. |
ws
€
No, of 1954. Supplementary Appropriation
(1952).
LEEWARD ISLANDS.
No, of 1954.
An Act to sanction: certain payments in-excess
of the amount provided by law for the
service of the General Government for the
" year ending on the thirty-first day of Decem-
ber, 1952,
ENACTED by the Legislature of the Leeward
Islands as follows: —
1, This Act may be cited as the Supplemen-
tary Appropriation (1952) Act, 1954.
2. The sums of money set forth in the First
Schedule to this Act, paid under the Warrant of
the Governor for the services mentioned in that
Schedule, are hereby declared to be lawful expendi-
ture on account of the Government of this Colony
for the service of the year ending on the thirty-
first day of December, 1952, and their total amount
’ to be chargeable upon the several Presidencies in
the proportions specified in the Second Schedule to
this Act.
President
Passed the General Legislative Council this
day of , 1954.
Clerk of the Council.
LEEWARD
ISLANDS
Short title.
Legalization
of expendi-
_ ture,
LEBWARD 2
ISLANDS. 952). /
FIRST SCHEDULE.
HBaAD. $
II. Governor _ 695.60
III. Secretariat 116.97
VI. Judicial 1280.37
XI. Education 120.20
XIV. Miscellaneous 47158.67
4937181
SECOND SCHEDULE.
APPORTIONMENT. :
, $
antigua:
General Services tents 19,896.84
St. Kitts:
General Services 1's" 24,636.53
Montserrat: ;
General Services rots 3,752.26
Virgin Islands:
General Services rb35 1,086.18 .
49,371.81 °
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
Supplementary Appropriation
(i
*
of 1954,
by B. M. Bnackman, E.D. Government Printer. By Authority.
47/00003 -300—7.54.
a ee Spore eee
1953.
(Price 4 cents.]
a g
LEEWARD ISLANDS.
GENERAL GOVERNMENT.
——
STATUTORY RULES AND ORDERS.
1954, No. 31.
Tue Post Orrick (AmEeNpMeENT), Rutes, 1954, patep JuLy 22,
1954, mMapE By THE GOVERNOR IN COUNCIL UNDER SECTION 3 OF
THE Post Orricr Act (Cap. 123).
1. Crration. These Rules may be cited as the Post Office
(Amendment) Rules, 1954, and shall be read as one with the Post Office
Rules, 1934 (S.R. & O. 1934 No. 35) as amended, hereinafter called the
Principal Rules.
~~
2. Svuxstirution or Rute 12. The following shall be substitu-
_ ted for rule 12 of the Principal Rules:—
“12, Rares or Postrace &e. (1) There shall be charged
and payable in each Presidency of the Colony on postal packets
originating in and despatched from each such Presidency (except
postal packets intended for transmission by air and parcels) the
prepaid rates of postage set out as respects each such Presidency in
Schedule © to these Rules,
(2) The prepaid rates of postage on parcels despatched from
each Presidency of the Colony other than those intended for trans-
mission by air shall be such amounts as may be prescribed for each
such Presidency from time to time by a notification of the Governor
in Council published in the Gazette:
Provided that such amounts shall not exceed seventy-two cents
for each pound whether expressed by the pound or scales not
exceeding three, seven, eleven and twenty-two pounds or otherwise.
(3) The rates in Schedule D to these Rules shall be payable in
each Presidency of the Colony for the miscellaneous services
specified therein in respect of such services.â€â€™.
3. Awenpmenr or Rute 16. Rule 16 of the Principal Rules is
hereby amended by the deletion of subrule (6) thereof.
4. Supsrirurion or ScuEpute C. The following Schedule is
hereby substituted for Schedule C to the Principal Rules:—
2
Schedule C. ; Rules 12 and 16 (3),
(a) Rates or Postrace _ Antigua,
1. Letters and Post-Cards.
(a) To any place in the Presidency :—
LETTERS:
For every two ounces or fraction thereof Bt 2c,
Posr-CarpDs Nes le,
(6) To any place beyond the Presidency but with-
in the Colony:—
LETrTeERs:
For every two ounces or fraction thereof oe » 8¢.
Post-Carps oe Qc.
(c) To Great Britain and Ireland, India, Pakistan,
British Dominions, Colonies or Protecto-
rates, Mandated Territuries (except. Trans-
Jordan), Her Majesty’s Ships in Home or
Foreign Waters, Egypt, and the British
Post Office at Tangiers:—
LETTERS:
Not exceeding one ounce me 5c.
For every additional ounce or fraction thereof et ate ROes
Post-Carps as de,
(d) To all other places:— , .
Lrrrers:
Not exceeding one ounce a 8c.
For every additional ounce or fraction thereof aa 5e.
Post-Carps . ; Se.
2. Newspapers and Electioneering Circulars, (1) Newspapers pub- —
lished and registered in the Colony and Electioneering Circulars in
connection with public elections: — :
(a) To any place in the Presidency:
For every copy not exceeding 4 ozs. in weight .... ge.
For every additional 4 ozs. or fraction thereof .... 4c,
(6) To any place beyond the Presidency but
within the Colony:
For every copy not exceeding 4 ozs. in weight .... 1
For every additional 4 ozs. or fraction thereof .... Ide.
The rate shall be a rate for each copy, and if two or more copies are
sent in a single packet, each copy shall be liable to the same postage as
if posted separately, provided that in no case shall a copy ora packet
of such copies be chargeable with a higher rate than that chargeable on a
printed paper of the same weight.
To destinations outside the Colony the rate shall be the same as for
printed papers. :
8
(a) Ratxs or PostagE—(coni'd). Antigua.
(2) Other Newspapers—The rate shall be the same as that provided
for printed papers.
3.
Frinted Papers and Commercial Papers. Printed papers to all.
places :—
For every two ounces or fraction thereof '__.... 2¢.
Commercial Papers to all places:
Not exceeding eight ounces Ree 8c.
For every two ounces thereafter or fraction
thereof Mh 2c.
Samples
To all places: —
Not exceeding four ounces A 4c,
For every two ounces thereafter or fraction
thereof ’ ine 2e.
Small Packets. To all places to which the service applies:—
Not exceeding eight ounces Loe 16c.
For every two ounces thereafter or fraction
thereof ane de.
Blind Literature. Packets containing papers impressed for use of
the Blind:— ,
To all places as Free
Insurance Fees. Not exceeding $96 insured
value oe 16e.
Insured Bowes. Special rate of postage to all
places to which the service applies:—
Not exceeding ten ounces ie 30c.
For every two ounces thereafter or fraction
thereof 6c.
(In addition to the insurance fee and registration fee).
() Rates or Postrace — Saint Christopher, Nevis
and Anguilla.
Letters and Post-Cards.
(a) To any place in the pee ecen ye — .
LETTERS:
For every two ounces or fraction thereof er enns Ze.
Post Carps d le.
(6) To any place beyond the Presidency but with-
in the Colony:—
Lerrers:
For every two ounces or fraction thereo iit ise.
Post-CaRDSs Ree 2c.
4
-(b) Rates or Postace—(cont’d). Saint Christopher, Nevis
and Anguilla.
(c) To Great Britain and Ireland, India, British ’
Dominions, Colonies or Protectorates, Man-
dated Territories (except Trans-Jordan)
Her Majesty’s ships in Home or Foreign
Waters, Egypt and the British Post Oftice
at Tangiers:—
LETTERS:
- Not exceeding one ounce aah de.
For every additional ounce or fraction thereof oie 3e. i
Post-Carps a 4c.
(d) To all other places:—
LETTERS:
Not exceeding one ounce an 8c.
For every additional ounce or fraction thereof. .... 5c.
Post-Carps fee 5G faamn
2. Newspapers and Electioneering Circulars. (1) Newspapers pub-
lished and registered in the Colony and Electioneering Circulars
in connection with public elections: — 7
(a) To any place in the Presidency: “4
For every copy not exceeding 4 ozs. in weight... te.
For every additional 4 ozs. or fraction thereof an $e.
(b) To any place beyond the Presidency but with-
in the Colony:
For every copy not exceeding 4 ozs. in weight _.... ge,
For every additional 4 ozs. or fraction thereof os lye.
The rate shall be a rate for each copy, and if two or more copies are
sent in a single packet, each copy shall be liable to the same postage as if
posted separately, provided that in no case shall a copy or a packet of
such copies be chargeable with a higher rate than that chargeable on a ,
printed paper of the same weight.
To destinations outside the Colony the rate shall be the same as for
Printed Papers. __
(2) Other Newspapers—The rate shall be the same as that
provided for Printed Papers. —
83. -Printed Papers and Commercial Papers. Printed papers to all
places :—
For first 2 ounces =< ay 3c.
Each additional 2 ounces gon epee
Commercial Papers to all places:
Not exceeding 12 ounces ay So.
For every 2 ounces thereafter or fraction
thereof He “Hey
5
(6) Rares or Postace—(contd). Saint Christopher, Nevis
and Anguilla.
4. Samples.
Not exceeding two ounces ohh 3c.
livery additional 2 ounces or fraction thereof faa le.
5. Small Packets ‘
Not exceeding 10 ounces hoe alge:
Every additional 2 ounces or fraction thereof pte 3c.
6. Blind Literature. Packets containing papers impressed for use of
the Blind:—
: To all places Free
7. Insurance Fees.
Not exceeding $96 insured value ; Se l4c.
8. Insured hoxes. Special rate of postage to all places to which the
ds
service applies:—
Not exceeding 10 ounces we 30e.
For every udditional 2 ounces thereafter or
fraction thereof 6c.
(In addition to the insurance fee and registration fee).
(c) Rates or PosracE — Montserrat.
Letters and Post-Cards.
(a) To any place in the Presidency:—
LETTERS:
For every two ounces or fraction thereof A 2c.
Post-Carps - lc.
(6) To any place beyond the Presidency but within the Colony :-—
LETTERS:
For every two ounces or fraction thereof be 3c.
Post-Carps oe 2c.
(c) To Great Britain and Ireland, India, Pakis-
tan, British Dominions, Colonies or Protec-
torates, Mandated Territories (except
Trans- Jordan), Her Majesty’s Ships in
Home or Foreign Waters, Egypt and the
British Post Office at Tangiers:—
LETTERS:
Not exceeding one ounce bias de.
For every additional ounce or fraction thereof oe 3c.
Post-Carps Bis Ac,
(d) To all other places:—
LETTERS:
Not exceeding one ounce ie 8c.
For every additional ounce or fraction thereof ae bc,
6
(c) Ratvs or Postagr—(contd). Montserrat.
Post-Carps ne 5e.
2. Newspapers and Llectioneeriny Circulars. (1) Newspapers pub-
lished and registered in the Colony and Hlectioneering Circulars in
connection with public elections:—
‘(a) To any place in the Presidency:
For any copy nut exceeding 4 ozs in weight .... ac
For every additional 4ozs. or fraction thereof .... ee.
(6) Touny place beyond the Presidency but with-
in the Colony:
For every copy not exceeding 4 ozs. in
weight es 1c.
For every additional 4 ozs. or fraction thereof. .... lhe.
The rate shall be a rate for each copy, and if two or more copies are
sent ina single packet, each copy shall be liable to the same postage as if
posted separately, provided that in no case shall a copy ora packet of
such copies be chargeable with a higher rate than that chargeable on a
printed paper of the same weight.
To destinations outside the Colony the rate shall be the same as for
printed papers.
(2) Other Newspapers—The rate shall be the same as that provided
for printed papers.
8. Printed Papers and Commercial Papers. Printed papers to all
places :—
For every two ounces or fraction thereof “ae 2c.
Commercial papers to all places:—
Not exceeding eight ounces sei 8c.
For every two ounces thereafter or fraction thereof 2c.
4. Samples
To all places:—~
Not exceeding four ounces : Ac.
For every two ounces thereafter or fraction
thereof eine 2c.
5. Small Packets. To all places to which the service applies: —
Not exceeding eight ounces ae Lge:
For every two ounces thereafter or fraction thereof 4c.
6. Blind Literature. Packets containing papers impressed for use of
the Blind:—
To all places Free
7. Phonopost
To all places:—
Not exceeding one ounce hee 6c.
For every additional ounce or fraction thereof de,
8. Insurance Fees.
Not exceeding $96 insured value Ge 16c,
(c) Rares or Posrace—(con?'@) Montserrat.
9. Insured Bowes. Special rate of postage to all places to which the
service applies: —
Not exceeding ten ounces Worse 30c.
For every two ounces thereafter or fraction
thereof — 6c.
(In addition to the insurance fee and registration fee).
(d) Raves or Postage Virgin Islands.
1.) Letters and Post-Cards.
(a) To any place inthe Presidency:—
LETTERS:
- For every two ounces or fraction thereof pa Qc,
Post Carps . rn le.
(6) To any place beyond the Presidency but with-
in the Colony:-—
LETTERS:
For every two ounces or fraction thereof oe 3c.
Post-Carps aa 2c.
(c) To Great Britain and lreland, India, Pakistan,
British Dominions, British Colonies or
Protectorates, Mandated Territories (ex-
cept Trans-Jordon) Her Majesty’s Ships
in Home or Foreign Waters, HKgypt, and
the British Post Office at Tangiers:—
LETTERS:
Not exceeding one ounce es 5c.
For every additional ounce or fraction thereof aed 4c.
Post-Carps ee he.
(d) To all other places: —
LETTERS:
Not exceeding one ounce oe 8c.
For every additional ounce or fraction thereof oe Be.
Post-CaRrpDs a, Be.
2. Newspapers and Electioneering Circulars. (1) Newspapers pub-
lished and registered in the Colony and Electioneering Circulars
in connection with public elections:—
(a) Toany place in the Presidency:
For every copy not exceeding 4 ozs. in weight’ ace
For every additional 40zs. or fraction thereof ee
(6) To any place beyond the Presidency but with-
in the Colony:
For every copy not exceeding 4 ozs. in weight ae
For every additional 4 ozs. or fraction thereof de.
Nee
8
The rate shall be a rate for each copy, and if two or more copies are
sent in a single packet, each copy shall be liable to the same postage.as if
posted separately, provided that in no case shall a copy or a packet of
such copies be chargeable with a higher rate than that chargeable. on @
printed paper of the same weight.
(c) To all other places—the same as for printed papers.
(2) Other Newspapers-—the rate shall be the same as for printed
papers.
8. Printed Papers and Commercial Papers, Printed papers to all
places: —
For every two ounces or fraction thereof ¥en 2c.
Commercial Papers to all places:
Not exceeding eight ounces sav 8e.
For every two ounces thereafter or fraction thereof ... 2e.
4. Samples. To all places:—
Not exceeding four ounces ; . 4e.
For every two ounces thereafter or fraction thereof . 2c.
5. Small Packets. To all places to which the service eiiae -
Not exceeding ten ounces Bie 16c. i
For every two ounces thereafter or fraction thereof .. . 3c. 4
6. Blind Literature. Packets containing papers impressed for use o€
the blind: — i
To all places Free
7. Insurance Fees, Not exceeding $96 insured value .... 16c.
8. Insured Boxes. Special rate of postage to all places to which the
‘service applies:— .
Not exceeding ten ounces de 30c.
For every additional two ounces thereafter or
fraction thereof 6c.
(In addition to the insurance fee and registration fee).
5. Commencement. These Rules shall come into operation on
the 15th day of August, 1954.
Made by the Governor in Council this 22nd day of July, 1954.
' A. E. Penn,
Clerk of the Council.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackman, E D., Government Printer.—By Authority.
é 1954. a
62/00033 1I—586—7.54. : [ Price 10 cents]
LEEWARD ISLANDS.
GENERAL GOVERNMENT.
—
STATUTORY RULES AND ORDERS.
1954, No. 32.
Tax Sramps (InvanipatTion) Orper, 1954, patep JuLy 22,
- 1954, MADE BY THE GOVERNOR IN COUNCIL UNDER SEC-
TIONS 4 AND 5 OF THE Stamp Act (Cap. 135) as
AMENDED,
1. Crration. This Order may be cited as the Stamps
(Invalidation) Order, 1954..
2. [nvaLtpation or Stamps. The stamps originally
authorised for use by and under the Order in Council set forth
in the Schedule to this Order, and the continued use whereof
was authorised by the Stamps (Continuance of Use) Order,
1953 (S. R. & O. 1958, No. 21) shall, as from the Ist day of
February, 1955, no longer be valid for the payment of postage ~
or stamp duties:
Provided that any person who is in possession of any
‘such stamps may, at any time between the Ist day of
February, 1955, and the 30th day of April, 1955, apply—
(a) in respect of a Leeward Islands stamp, to
any Post Office in the Colony; and
(>) in respect of a Presidential stamp, to any
Post Office in the Presidency of issue,
to have such stamps exchanged for and replaced by a valid
stamp or valid stamps of equal value.
Made by the Governor in Council this 22nd day of July,
1954.
A. E. Penn,
Clerk of the Couneil.
SCHEDULE.
The Stamps (Silver Wedding Commemoration) Order, 1948
(S. R. & O. 1948, No. 30).
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackman, Government Printer.—By Authority.
: 1954.
62/00009—490.—7.54. Prioe 3 cents.
|
Full Text |
‘ lay,
&y Ka Chae
EOiy > = At: fi pion
EMSs ES Fe tee
(Amend-
BS VOL. LXXXII.
——————
Tu Staff Side. The Dangerous Drugs
N otices. ment) Act, 1954.
Mr. H. ©. C. Moorr (Principals
> — and Heads of Departments). The Public Holidays Act, 1954.
It is hereby notified for general in- Mr. R. 8S. Byron (Senior and The Supplementary Appropriation -
formation that His Exellency the Junior Clerks). (1952) Act, 1954.
| Governor has issued a Commission
to the Honourable P. D. MACDONALD, Mr. J. A. O’MARD (Institutions). —_-——
C.M. G., appointing him to be Gover-
nor’s Deputy during His lxellency’s
forthcoming absence from Antigua,
whilst paying a visit to the British
Virgin Islands from the 30th July to
the llth August, 1954.
The Secretariat,
Antigua,
26th July, 1954.
Ref. No. 13/00061.
It is notified for general information
that a Whitley Council for the Presi-
dency of Antigua has been established.
2. The objects of the Council
shall be to secure the greatest measure
of cooperation between Government
in its capacity of employer, and civil
* gervants in matters affecting the civil
service, with a view to increasing
efficiency in tHe public service com-
bined with the well being of those
employed; to Srovide machinery to
deal with grievances; and generally
to bring together the experience and
different points of view of civil
servants.
3. The Council consists of eight
members, four of whom shall repre-
sent the Administration (the official
side) and four of whom shall represent
civil servants (the staff side). In this
connection, the Administrator hag
been pleaged to appoint the following
persons as members to the Antigua
Whitley Council until the 31st
March, 1955:—
Official Side.
The Administrative Secretary
(Chairman).
The Labour Commissioner.
The Asst. Administrativé Secretary,
Public Works and Communica-
tions.
The Asst. Administrative Secretary,
Medical.
G72 97
ape Ol
Mr. W. BUNTIN (Peity Officers).
Administrator's Office,
Antigua.
24th July, 1954.
Ref. No. A. 13/136.
CONFIRMATION OF ORDINANCES.
No. 6.
The Secretary of State for the
Colonies has informed the Governor
that the power of disallowance will
not be exereised in respect of the
undermentioned Ordinances:—
St. Kitts-Nevis-Anguilla.
No. 6 of 1954,
Ordinance, 1954.â€
“The Aerodromes
Virgin Islands.
No. 5 of 1954, “The Appropriation
Ordinance, 1954.â€
No. 70.
The following Bills, which are to
be introduced in the General Legisla-
tive Council of the Leeward Islands
are published with this issue of the
Gazette and form part thereof:—
The Magistrates Code of Procedure
(Amendment) Act, 1954.
The Small Tenements
ment) Act, 1954.
(Amend-
The Currency (Amendment) Act,
1954.
The Virgin Islands (Commissioner
of the Supreme Court) Validation
Act, 1954.
The Telecommunications (Amend-
ment) Act, 1954.
The Forgery Act, 1954.
The Evidence (Amendment) Act,
1954,
The Travelling and Subsistence
Allowances (Repeal) Act, 1954.
No. 71.
The following Statutory Rules and
Orders are circulated with this Gazette
and form part thereof:—
General Government.
No. 31 of 1954, “The Post Office
(Amendment) Rules, 1954.â€
8 pp. Price 10 cents.
No. 32 of 1954, “The Stemps
(Invalidation) Order, 1954.â€
lpp. "rice 3 cents.
Invalidation of Stamps.
It is hereby notified for general
information that, in accordance with
the provisions of the Stamp (Invali-
dation) Order, 1954 (General Govern-
ment S. R. & O. 1954, No. 32), the
special issue of stamps originally
authorised for use by and under the
Stamps (Silver Wedding Commemo-
ration) Order, 1948 (General Govern-
ment S. R. & O. 1948, No. 30), the
continued use whereof was authorised
by the Stamps (Continuance of nse)
Order, 1953 (General Government
8. R. & O. 1953, No. 21), will no
longer be used for the payment of
postage or stamp duties after the 3lst
January, 1955.
2. Provision has, however, been
made in the Invalidation Order fora
period of grace of three. months
thereafter, that is on or before the
30th April, 1955, within which hold-
ers of stamps invalidated by the
Order may effect their exchange at
any Post Office in the Colony in
respect of a Leeward Islands stamp
and at a Post Office in the Presidency
of issue in respect of a Presidential
stamp for stamps of equivalent value
authorised for use in such Presidency
or Colony.
The Secretariat,
Leeward Islands,
at Antigua.
29th July, 1954.
(M. P. 62/0009),
140
TRADE MARKS OFFICE,
ANTIGUA, 27th July, 1954.
CARREARS LIMITED of Arcadia
Works, Hampstead Road, London,
N. W., England, have applied for
Registration of two Trade Marks
consisting of the following:—
(1)
CARRERAS LIMITED
LONDON. ENGLAND.
in Class 42 that is to say:—
Tohacco whether manufactured or
unmanufactured,
The Applicants claim that they have
used the said Trade Mark in respect
of the said goods for thirty & four
years respectively 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.
J. D. B. RENWICK,
Ag. Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA, 19th July, 1954.
CATERPILLAR TRACTOR CO.,
of 800 Davis Street. San Leandro,
State of California, United States of
America, have applied for Registra-
tion of one Trade Mark consisting of
the following:—
CAT
in Classes 6 and 7, that is to say:
Class 6, —Machinery of all kinds,
and parts of machinery, except
agricultural and horticultural
machines and their parts.
Class 7 —Agricnltural and horti-
etltural machinery, and parts of
such machinery.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for four and
one and a half years respectively
before the date of their said
Application.
THE LEEWARD ISLANDS GAZETTE.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Lezward Islands Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.
J. D. B. RENWICK,
Ag. Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA, 19th July, 1954.
CUSSONS, SONS & COMPANY
LIMITED, of Kersal Vale Works,
Moor Lane, Kersal, Manchester
England, have applied for Revistra-
tion of one Trade Mark consisting of
the following:---
IMPERIAL LEATHER
in class 48 that is to say:—Perfumery
(including toilet articles, preparations
for the teeth and hair and perfumed
soap).
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for 12 years
before the date of their said
Application.
Any person may within three
months from the date of the first
apperance olf 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.
J. D, B. RENWICK,
Acting Registrar of Trade Marks.
Applications are invited from quali-
fied persons (men or women) for
appointment as Administative Assist-
ants (Cadet) in the Administative
Service of the Government of Jamiaca.
The post is non-pensionable and
carries a salery of £500 a year.
Successful candidates, provided they
pass the prescribed medical examina-
tion, will be appointed on probation
for a period of three vearsand if their
service is satisfactory will be eligible
for appointment to the pensionable
post of Administrative Assistant
(£620-25-770-920): promotion to the
post of Administrative Assistant will
normally take place at the end of the
probationary period, but cadets show-
ing Administrative ability may be
considered for such promotion before
the end of this period.
Cadets will normally be attached on
appointment either to the Colonial
Secretary’s Office or to one of the
Ministries, and will be liable to
transfer between one Ministry and
another in order to gain experience.
Cadets may be required to take a
course of training in the United King-
dom after serving for about 1 year; this
training will usually take the form of
the Overseas Training Course “ A†at
Oxford or Cambridge; free passages to
and from the United Kingdom will
be provided and subsistence allowance
paid.
—
[29 July, 1954
Candidates should possess a recog~
nised University degree andshould not
be less than 21 years of age or older
than 26 years of age at the date of
application. Applications in writing
should be forwarded to reach the
Colonial Secretary’s Office (Establish-
ments Branch), Kingston, Jamaica,
not later than the 30th of September,
1954.
J. W. H. O'REGAN,
Acting Colonial Secretary,
Jamaied.
Statement of Currency Note
Circulation in the British
Caribbean Territories*(Hast-
ern Group) on ist July,
1954.
Average Cirenlation during May:—
i
>
Br. Caribbean Cur-
rency Notes 49,698,439.00
Gov't Currency Notes 2.201.385.00
51,899,824.00
Br. Caribbean Currency Notes:—
°
Trinidad & Tobago
(including
Montserrat) ... 24,116,367.00
Barbados ... 5,808,400.00
British Guiana . 12,796.785.00
Grenada 1,653,100.00
526.400.00
860,000.00
St. Vincent
St. Lucia
Dominica 943,400.00
Antigua 1,421.300.00
St. Kitts 1,516,500.00
Total Br. Caribbean
Currency Notes ... 49,642,252.00
Trinidad and Tobago
Government Note
circulation ‘... 1,408,624.00
Barbados Government
Note circulation
Br. Guiana Government
Note circulation:
162,448.00
524,768.00
Total Government
Note circulation ... 2,095,840.00
Total circulation on
Ist July, 1954 51,738,092.00
L. SPENCE,
Merecutive Commissioner,
British Caribbean
Currency Board.
British Caribbean Currency Board,
Treasury Chambers,
Port of Spain,
Trinidad, BLW.I.
Ref. No. 24/00027.
RAINFALL FIGURES.
Central Experiment Station,
Antigua.
1950, 1951, 1952. 1953. 1954,
Jan, 5.41 3.60 2.41 1.98 3.04
Feb 2.52 188 1.60 1.02 2.45
Mar. 158 1.09 1.62 5.60 1.08
Apr. 2.44 216 3.14 2.06 49
May 2.06 10.54 3.07 1,50 3.83
June 1.66 2.74 5.7 1.31 3.32
July 24, 1.75 1.89 8.33 2.78 2.52
17.42 28.90 25.91 16.20 16.73
PS aaa!
29 July, 1954] THE LEEWARD ISLANDS GAZETTE. 141
IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS
(ANTIGUA CIRCUIT)
(APPELLATE JURISDICTION)
Appeal No. 1 of 1954
Between:
Peart Lewis Appellant.
and
JosEerH I. Byron
(Inspector of Polree) Respondent.
Before:— DATE, J.
S. T. Christian for Appellant
A. F. Louisy (Acting Crown Attorney) for Respondent.
JUDGMENT.
The appellant and her husband were tried toyether and were both convicted by an Acting
Magistrate of District A for keeping for sale by retail certain intoxicating liquor, to wit, rum, without
being duly licensed to sell the same, contrary to section 23 of the Antigua Licensing Act, No. 4 of 1879.
The relevant portion of that section, as replaced by the Antigua Ordinance No. 12 of 1921, reads
as follows:—
23. Any person who sells or offers for sale or keeps or exposes for sale wholesale
or by retail any intoxicating liquor without being duly licensed to sell the same, or at any
place where he is not authorised by his licence to sell the same, shall be liable to the following
penalties:
(1) For the first offence he shall be liable to a penalty not exceeding Fifty
pounds, or to imprisonment with or without hard labour for a term not exceeding
one month.
Neither the appellant nor her husband was represented by counsel in the Magistrate’s Court,
and no appeal against conviction was lodged by or on behalf of the husband. It is now urged by counsel
for the appellant, firstly that since her husband and herself were occupying the premises where the ruin
was found and her husband was convicted, she could not also be convicted of the offence of keeping liquor
for sale. Reference to the learned Magistrate’s notes of evidence and reasons for decision disclose, how-
ever, that there was evidence which tended to show that the appellant was the one actively concerned in
the business of keeping the rum for sale and that that evidence was accepted by the Magistrate. Section
25 of the Act (which makes occupiers of unlicensed premises liable in certain events) was not invoked
against the appellant, nor was there any evidence whatever to show that the appellant acted under the
coercion of her husband. In these circumstances, regardless of what the position of her husband
might have been had he appealed (and on this point I express no opinion), I have no hesitation in
holding that it was open to the learned Magistrate to convict the appellant.
The other point 1 have to consider is whether or not the conviction is bad in law in that it
orders imprisonment in default of payment of the penalty imposed without first ordering a distress to be
made. On convicting the appellant the learned Magistrate simply ordered her to pay a fine of forty-five
dollars or be imprisoned with hard labour for two months, giving her one month in which to pay the fine.
A similar question was fully considered by this Court in its appellate jurisdiction in UAristian v.
Hill (Leeward Islands Gazette No. 33 of 13th March, 1947, at p. 97) and in Osborne v. Silcott (Leeward
Islands Gazette No. 40 of 10th April, 1947, at p. 121), and on both occasions Cools-Lartigue J., purport-
ing to follow the English cases of Jn Re Brown, (1878) 3 Q.B.D. 545, and In Re Clew, (1882) 8 Q.B.D.
511, quashed the convictions and held that the Magistrate had no power to order imprisonment in default
of payment df a fine imposed under Section 23 of the Licensing Act; that the Magistrate could either
fine or imprison (for a period not exceeding one month), and if he imposed a fine then, under section 61
of the Act, a warrant of distress must be issued before an order for imprisonment in default of payment is
made.
It has been suggested on behalf of the respondent that in applying /n Re Brown and In Re
Clew the learned Judge erred in thinking, as stated in his judgment in Osborne v. Silcott, that the
relevant provisions of the English Licensing Acts and the Summary Jurisdiction Act, 1879, are “ ex-
actly similar†to the corresponding provisions of our Licensing Act and Magistrate’s Code of Pro-
cedure Act (Cap. 61). The criticism is not without some justification, as will be seen on comparing
the English Summary Jurisdiction Act, 1879, with our Magistrate’s Code of Procedure Act (Cap. 61);
142 THE LEEWARD ISLANDS GAZETTE. [29 July, 1954.
but it does not necessarily follow that the conclusions eventually reached by Cools-Lartigue J. in the
local cases were wrong: I say this after close examination of the ratio decidendi in Brown and Clew.
Be that as it may, the question which should now be decided is whether this Court is bound by its
previous decisions in Christian v. Hill and Osborne v. Silcott. If it is, that is the end of the matter.
In Young v. Bristol Aeroplane Co. Ltd., (1944) 1 K.B. 718, it was held that the Court of
Appeal in England, though not a final Court of appeal, is bound to follow its own decisions and those
of courts of co-ordinate jurisdiction, the only exceptions to the rule being: (1) the Court is entitled
and bound to decide which of two conflicting decisions of its own it will follow; (2) the Court is bound
to refuse to follow a decision of its own which, though not expressly overruled, cannot, in its opinion,
stand with a decision of the House of Lords; (3) the Court is not bound to follow a decision of its own
if it is satisfied that the decision was given per incuriam (because the provisions of a statute or the
authority of a case were not brought to its attention).
A few years later the position of the Divisional Court, which is a final court of appeal, was
reviewed in the case of Police Authority for Huddersjield v. Watson (1947) K.B.D. 842; and it was
held that the Divisional Court is bound by its own previous decisions in the same way and subject to
the same exceptions as the Court of Appeal. In the course of delivering his judgment Lord Goddard,
C.J., added these observations with respect to the position of judges of first instance: “I think the
modern practice is that a judge of first instance, though he would always follow the decisions of another
judge of first instance, unless he is convinced the judgment is wrong, would follow it as a matter of
judicial comity. He certainly is not bound to follow the decision of a judge of equal jurisdiction,â€
In the absence of any statutory provisions on the subject either here or in England, the
general principles enunciated in the two English cases just cited should be followed by our courts; I
am consequently of the opinion that this Court, in the exercise of its appellate jurisdiction, is subject to
exceptions analogous to those applicable to the Hnglish courts, bound by its previous decisions delivered
in that jurisdiction. No such exceptions appear in the matter now under consideration. This appeal
is therefore allowed, with costs £3 3. 0. and the conviction of the appellant quashed.
W. A. Datr,
Puisne Judge.
19th July, 1954.
29 July, 1954. ]
REVISED LIST of Persons registered under the Midwives’ Ordinance No. 7 of
1961, for the Presidency of Montserrat, as at lst July, 1954.
Serial Number.
(3)
THE LEEWARD ISLANDS GAZETTE.
Name.
Allen, Clemence Mary Elizabeth
Barzey, Catherine (Mrs) (nce Ryan)
Bramble, Elizabeth
Frith, Catherine (Mrs) (nee Buffong)
Buffong, Catherine
Browne, Diana
Cadogan, Lilian (Mrs) (nee Rodney)
Clarke, Catherine
Clarke, Kathleen
Edwards, Winitred
Fenton, Charlotte
Frewin, Beryl Geraldine (Mrs) (nee Shoy)
Piper, Verna (Mrs) (nee Gooding)
Greenaway, Leoriorn Adina (Mrs) (nee Wheatley)
Grecnaway, Mary (Mrs)
Griffith, Doris (Mrs) (nee Williams)
Griffith, Rdith (Mrs)
Isles, Elleanor Teresa
Lee, Mary Susannah Gordon
Osborne, Mary
Phillip, Vera Nelitha
Ponde, [osie
Richardson, Ina
Roache, Katherine
Straker, Catherine
Tuitt, Rosanna
Wade, Catherine
Warner, Susan (Mrs) (nee Allen)
White, Sarah (Mrs)
Wyke, Elizabeth (Mrs)
Address.
Glendon Hospital
39 99
99 9
Salem
St. George’s Hill
Baker Hill
Plymouth
Glendon Hospital
Harris
Sweeny’s
Kinsale
Plymouth
Bethel
Infirmary
St. John’s
Glendon Hospital
Plymouth
Plymouth
Harris
St. Patrick’s
Harris
Bethel
Glendon Hospital
79; 9
Bethel
Glendon Hospital
99 99
St. Peters
Cork Hill
J. H. L. Browne,
Secretary, Midwives Board.
143
« wy
144 THE LEEWARD ISLANDS GAZETTE. 29 July, 1954]
GOVERNMENT SAVINGS BANK STATISTICS: LEEWARD ISLANDS.
All figures in British West Indian dollars.
Number of reporting banks: 4.
Figures for end of quarter 31st March, 1954.
LIABILITIES $ ASSETS $
1. Notes in circulation Nil | 1. Cash (in Treasury) 119,009.03:
2. Deposita 2,063,254.84 2. Balances due by other banks
(i) Demand —Nil in Colony Nil
(ii) Time —_Nil
(iii) Savings 2,063,254,84
3. Balances due to ! 3. Balances due from banks abroad
(a) Other banks in Colony Nil and other short claims Nil
(6) Banks abroad Nil
4. Other Liabilities 171,848.52 4, Loans and Advances Nil
5. Investments— 1,800,048.64
(a) Local 269,434.28
(6) Other 1,530,614.36
6. Other Assets 316,045.69 rf
Total Liabilities 2,235,103.36 | Total Assets °2,235,103.36. 7°â€
®
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E, M, Buaokman, ED,
Government Printer.—By Authority,
1954,
[Prive 21 cente.]
No. of 1954, 9 Magistrate's Code of Procedure
(Amendment).
LEEWARD ISLANDS,
No. of 1954.
An Act to amend further the Magistrate’s Code
of Procedure Act and to effect certain con-
sequential amendments to local Acts.
“ENACTED by the Legislature of the Lee-
ward Islands.
1. This Act may be cited as the Magis-
trate’s Code of Procedure (Amendment) Ach,
1954, and sha]l be read as one with the Magis.
ae s Code of Procedure Act, as amended, eres
inafter called the Principal Act.
2. (1) The Principal Act is hereby amend-
ed by the insertion therein, immediately after
section 12, of the: following section as section
12A:—
“12A. (1) Every District Magistrate
shall be ex officio a Justice of the Peace of the
Presidency in which his district is situate.
(2) Except as is otherwise provided in
any Act the Governor may, by Warrant under
his hand, appoint any fit and proper person to
bea Bienes of the Peace for any Presidency
and may, in like manner, for such cause as
may appear to him sufficient, remove any
Justice of the Peace from his office.
(3) Every appointment or removal of
a Justice of the Peace shall be notified in the
Gazette.â€
LEEWARD)
ISLANDS,
Short title.
Cap. 61.
Insertion of
new section
in the Princi-
pal Act,
Justices of
the Peace.
LEEWARD
ISLANDS.
Preservation
of appoint-
ments of
Justices of
the Peace.
Amendment of
section 19 of
the Principal
Act,
Substitution
of section 33/of
the Principal
Act.
?
2 Magistrate's Code of Procedure No, — -of 1954,
(Amendment).
(2) It is hereby declared that any person
who, on the coming into force of this Act, was
duly appointed or gazetted as a Justice of the
Peace in and for any Presidency, shall continue
to hold such appointment and be deemed to have
been appointed a Justice of the Peace in accord-
ance with the provisions of section 12A of the
Principal Act.
8. Section 19 of the Principal Act is hereby
amended by the substitution of the words “ Justices
of the Peace†for the words ‘ Justices in the
general commission of the peace†appearing
therein.
4. The following section is hereby substi-
tuted for section 33 of the Principal Act:—
* Information 33. (1) It shall be lawful for—
and complaint.
(a) any person to make a com-
plaint against: any person committing
an offence punishable on summary
conviction unless it appears from the
enactment on which the complaint is
founded that any complaint for such
olfence shall be made only by a parti-
cular person or class of persons;
(4) any police officer to make a
complaint in a case of assault or battery
even though the party aggrieved
declines or refuses to make a complaint.
(2) (a) It shall be lawful for any
police officer, to lay any information or
make any complaint in the name of
the police officer in charge of the
Division in the Magisterial district
where such information or complaint is
to be tried or inquired into, and con-
duct any such proceedings on his
behalf.
(6) Every such information or
complaint shall be signed by the police
officer laying or making the same and
I
No,
of 1954, Mayistrate’s Code of Procedure 8
(Amendment).
such police officer shall be deemed for
all purposes of this Act other than
those specified in this subsection to be
the complainant; and proceedings un-
der any such information or complaint
shall not lapse or be determined by
reason of any change of the police
officer in charge as aforesaid.
(c) No such proceedings shall be
dismissed by reason only of the failure
of the police officer in charge as afore-
said to appear in person or by counsel
or solicitor, provided he be represented
by any police officer for the time being
present in Court,â€,
5. The Principal Act is hereby amended hy
the insertion therein, immediately after section 95,
of the following section as section 954 :—
“95A. Where a complaint is laid by one
or more parties against another party or par-
ties, and there is a cross complaint by the
defendant or defendants in such first named
case either by himself or themselves or
together with another person or other persons
against the complainant or complainants in
the first. named case either by himself or
themselves or together with another person or
other persons, and such cross complaints are
with reference to the same matter, the Magis-
trate may, if he thinks fit, hear and determine
such complaints at one and the same time.â€.
6. Section 99 of the Principal Act is here-
by amended by the insertion of a comma after
the word ‘shall’ between the words “ convic-
tion†and “afterwards†and by the addition
thereafter of the following :—
“subject to any rules made “in pursuance
of this Act,â€â€™.: ,
LEEWARD
ISLANDS,
Insertion of
new section in
the Prinoipal
Act.
Cross com-
plaints.
Amendment of
section 99 of
the Principal
Act.
i
Leewarp 4 Jfayistrate’s Code of Procedure No, of 1954,
TsLANDs. (Amendment),
ane 7. Sections 100 and 10! of the Principal
sections 100 and 2 : Sees
101 of the Act are hereby amended by the substitution of
Principal Act. the words ‘twenty-four dollars†for the words
“ forty shillings†respectively appearing therein,
Substitution of 8. The following section is hereby substi-
. section 107 of f ee an * ete
the Principa’ tuted for section 107 of the Principal Act;
Act
Segue cn “107. (1) Where a sentence of impris-
imprisonment Onment for a summary offence is passed on
any person the Magistrate may order that
the sentence shall commence at the expira-
tion of any other term of imprisonment to
which that person has been previously
~ sentenced, so, however, that. where two or
more sentences of a Magistrate are ordered
to run consecutively the aggregate term of
imprisonment shall not exceed six months,
unless such sentences include at least-—
(a) two sentences for indictable
offences dealt with summarily by con-
sent; or.
(6) a sentence for an offence for
which the Magistrate was empowered
to order a term of imprisonment of
more than six months,
in which case the aggregate term of impris-
onment shall not exceed twelve months.
(2) In subsection (1) of this section
‘sentence of imprisonment†includes cases
where imprisonment is imposed on any per-
son either with or without the option of a
fine, or in respect of non-payment of
any sum of money, or for failing to do or
abstaining from doing any act or thing
required to be done or left undone.
(3) Where a person has been sen-
tenced to imprisonment in default of
payment of a fine, the Magistrate may,
notwithstanding the provisions of sub-
section (1) of this section, order that
rr
No. of 1954. Mayistrate’s Code of Procedure 5
(Amendment).
the sentence shall begin at the expiration
of any term of imprisonment imposed
for that offence on that person in addition
to the fine.â€â€™.
9. Section 108 of the Principal Act is
hereby amended by the insertion of a full-stop
after the word ‘directed’ and the deletion of
all the words appearing thereafter to the end of
the section.
10. Section 122 of the Principal Act is
hereby amended by the deletion of all the words
commencing with the words “and pay†to the
end of the section and by the substitution therefor
of the following:—
‘such sum or instalment to the Magistrate or
to his clerk, if he has a clerk, and pay over
the same Eiki the Public Treasury of the
Presidency wherein such sum or instalment
is paid or, if the Magistrate shall so direct,
to the Magistrate or to his clerk.â€.
11. The following section is hereby substi-
tuted for section 130 of the Principal Act:—
130. (1) Any married person (in this
section hereinafter called “the applicant’)
whose husband or wife, as the casé may be,
(in this section hereinafter called “the
defendant *’)-— .
(a) has been guilty of adultery; or
(6) has deserted the applicant; or
(c) has been convicted summarily
of an aggravated assault on the applicant
within the meaning of section 41 of the
Offences against the Person Act; or
(d) has been convicted on indict-
ment of an assault upon the applicant; or
(e) has been guilty of
cruelty to the applicant or to the chidren
of the applicant; or
persistent
LEEWARD
IsLANDs.
Amendment of
section 108 of
the Principal
Act.
Amendment of
section 122 of
the Principal
Act.
Substitution
of section 130
of the Prinoi-
pal Act.
Order rela-
ting to separa-
tion and
maintenance,
Cap. 41,
r
Luzwarp 6 Mayisirate’s Code of Procedure No. — of 1954.
ISLANDS.
93/1937.
(Amendment).
(f) being under a duty to provide
reasonable maintenance for the applicant
und the children of the applicant, has
wilfully neglected or refused to do so; or
(g) is an habitual drunkard,
may apply to a Magistrate for an order under
this Part of this Act.
(2) Any married woman whose hus-
band—
(a) has compelled her to submit to
prostitution; or
(6) whils suffering from venereal
disease and knowing that he was so
suffering, has insisted on having sexual
intercourse with her,
tnay also apply to a Magistrate for an order
under this Part of this Act.
(3) For the purposes of this section—
(a) where the husband has, in the
opinion of the Magistrate, been guilty of
such conduct as was likely to result and
has resulted in his wife submitting her-
self to prostitution he shall be deemed to
have compelled her so to submit herself;
(6) an habitual drunkard shall be
deemed to be a person who by reason of
habitual intemperate drinking of intoxi-
cating liquors or habitual taking or
using, except on medical advice, of dan-
gerous drugs within the meaning of the
Dangerous Drugs Act, 1937, is at times
dangerous to himself or herself or
to others or incapable of managing
himself or herself or his or her affairs;
and
(c) where the applicant. 1s entitled
to apply for en order or orders under
this section on the ground of the convic-
tiv of the defendant upon indictment,
of 1954. Mayistrate’s Code of-Procedure 7 Lrrwarb
(Amendment). IsLANDs.
the applicant may apply to the Court
before which the defendant has been
convicted, and that Court shall for the
purposes of this section become
a Magistrate’s Court and have the power
without a jury to hear an application
and make the order or orders applied for.
(4) The Magistrate to whom any appli-
cation under this section is made may make an
order or orders containing all or any of the
provisions following, namely—
(a) that the applicant be no longer
bound to cohabit. with the defendant
(which provision while in force shall
have the
separation onthe ground of cruelty);
(6) that the legal custody of any
children of the marriage while under the
uge of sixteen years be committed to the
applicant;
(«) that the defendant shall pay to
the applicant personally, or for the use
of the applicant to any officer of the
Court or third person on behalf of the
applicant, such weekly sum, not exceed-
ing ten dollars, as the Magistrate having
regard to the means both of the applicant
and the defendant, ccnsiders reasonable;
(ad) that the defendant shall pay to
the applicant, or to an officer of the
Court or third person on behalf of the
applicant, a weekly sum not exceeding
two dollars and forty cents for the
maintenance of each of the children of
the marriage until each such child
attains the age of sixteen years;
(e) for payment by the applicant
or defendant, as the case may be, or
both of them, of the costs of the appli-
cation and any reasonable costs of
either of the parties as the Magistrate
may think fit.
LrEwarD
IsLANDS.
2
8 Magistrate's Code of Procedure No. of 1954.
(Amendment). ,
(5) No order shall be made under para-
graph (c) of subsection (4) of this section
where it is proved ‘that the applicant has
committed an act of adultery:
Provided that the defendant has not
condoned, or connived at, or by his or her
wilful neglect conduced to such act of
adultery.
(6) A Magistrate, acting within the
district in which any order under this sec-
tion has bee made, may on the application
of the wife or husband, and upon cause
being shown upon fresh evidence to the
satisfaction of the Magistrate, at any time,
alter, vary or discharge any such order and
may upon such application from time to
time increase or diminish the amount of any
weekly payment ordered to be made:
Provided that the amount payable by
any such order shall not be increased
beyond the limits set forth in subsection
(4) of this section.
* (7) If any person on whose applica-
tion an order has been made under this
section, shall voluntarily resume cohabita-
tion with her husband ‘or his wife, as the
case may be, or shall commit an act of
adultery, such order shall on proof thereof
be discharged:
Provided that the Magistrate may, if
he thinks fit—
(i) refuse to discharge such order
in the case of a wife who has
committed adultery if in his,
opinion such act of adultery
as aforesaid was conduced to
by the failure of the husband
to make such payments as in
his opinion he was able to
make under the order;
(ii) in the event of the order being
discharged, make a new order
that the deree dent shall pay
t if x
No. of 1954. Mayestr nde s Code of ee 9 LepwaRp
( Amendment). IsLANDS.
to the applicant, or to an offi-
cer of the Court or third per-
son on behalf of the applicant,
a weekly sum not exceeding
two dollars and forty cents for
the maintenance of each of
the children of the marriage
until each such child attains
the age of sixteen years.
(8) No order made under this section
shall be enforceable and no liability shall
accrue under anv such order while the
applicant with respect to whom the order
was made resides with the defendant and
any such order shall cease to have effect if
for a period of three months after it is made
such applicant continues to reside with the
defendant.
(9) In this section the term ‘ children
of the marriage†shall include every child
(whether legitimate or illegitimate) whom
the applicant or defendant is liable under
any liw to maintain and ‘who has been
living with them as part of the husband’s
family.â€
12. The following section is hereby substi- Save tuviony
tuted for section 132 of the Principal Act:— epee
; pal Aot.
“132 Where on the hearing of any Interim
application for a maintenance order the oer.
application is adjourned for any period :
exceeding fourteen days, the Magistrate
may cones: that the Oeienian do pay to the
person in respect of whom the order is
sought te be made, or to an officer of the
Court or third person on behalf of such per-
son, a weekly sum, not exceeding the sum
which might be ordered to be paid under
a final order, which interim order shall be
b enforced in like manuer as if it were a final
order of the Court:
2
f
Leewarp 10 Magisirate’s Code or Procedure No. of 1954.
IsLANDs.
(Amendment).
Provided that the order directing such
payment shall not remain in operation for
more than three months after the order was
made.â€â€™. :
Amendment 1 3 -
of section 134
of the Princi-
Section 184 of the Principal Act is-
hereby amended hy the substitution of the
pal Act, words “one dollar and eighty cents†for the
words “ five shillings†appearing therein.
Section 135 of the Principal Act is
of the Princ. bereby amended_as follows:—
(a) by re-numbering the present. sec-
tion as subsection (1) of the section;
(4) by substituting a colon for the full
stop at the end of subsection (1) of the
section;
(e) by adding the following proviso to
sub-section (1) of the section:—
‘Provided that where any weekly
sum payable i» pursuance of. such
order is in arrear as aforesaid the
Magistrate shall not proceed to enforce
such order as provided in this section
unless he is satisfied that the defendant
is possessed of sufficient means to pay
such arrears in whole or in part.â€; and
(d) by the insertion of the following
subsection as subsection (2) thereof :—
Amendment 14.
of section 135
pal Act.
Amendment of 1 5 .
section 136 of
the Principal
““(2) Where in any proceedings
for the enforcement of such order the
defendant is committed to prison then,
unless the Magistrate otherwise directs,
no arrears shall acerue under the order
during the time that the defendant is
in prison.â€â€™.
Section 136 of the Principal Act is
hereby amended by the insertion of the words “ of
Act. a bastard child†between the words “ education â€
and ‘made ’’.
<
ae
Wo:
of 1954. Mayistraie’s Code of Procedure 1)
(Amendment).
16. The following section is hereby substi-
tuted for section 139 of the Principal Act:—
“139, (1) Except as is otherwise pro-
vided by any law and subject to the provisions
of this section, all money payable under any
order made under section 134 of this Act
shall be due and payable to the mother of the
bastard child in respect of such time and so
long as she lives and is of sound mind and _ is
not in prison.
(2) After the death of the mother of
such bastard child, or while such mother is
LEEWARD
IsLANDS-:
Substitution
of section 139
of the Princi-
pal Aot.
Payment of
money under
an order for
the mainte-
nance and
education of
a bastard
child,
of unsound mind or confined in any prison, —
any Magistrate may make an order from time
to time appointing some person who with his
own consent shall have the custody of such
bastard child; and the Magistrate may revoke
the appointment of such person and may
appoint another person in his stead. Every
person so appointed to have the custody of
a bastard child may make application for the
benefit of such bastard child ‘in the same
manner as the mother of the bastard child
could have done,
(3) It shall be lawful for the Magistrate
to order any money payable under any such
order to be paid to the person appointed by
the Governor under the provisions of eection
141 of this Act, and to be applied in such
manner as shall be directed oy the Magis-
trate.’
17. Section 163 of the Principal Act. is
hereby amended as follows:—
(a) by re-numbering the present sec-
tion as subsection (1) of the section; and
(6) by inserting the following sub-
sections as subsections (2), (8) and (4)
thereof:—
“(2) Where a warrant of commit-
ment is issued under subsection (1) of
2
Amendment
section 163 of
the Principal
Act.
LeEWARI:
TSLANDS.
r
12 Magistrate’s Code of ProcedureNo. of 1954.
(Amendment).
this section it shall be executed by the
bailiff.
(3) In any case where, owing to
the time and place of arrest of the
judgment debtor, it is not practicable or
convenient to convey him to the prison
to which he is by such warrant com-
mitted, the bailiff effecting the arrest
shali convey him to the nearest police
station in the locality where such
arrest was made; and it shall be lawful
for the police officer in charge of such
station to detain such judgment debtor
in some secure place of confinement at
such station until such hour; not later
than twelve noon of the day fol-
lowing that on which he is arrested,
and as soon as may be convenient
thereafter the judgment debtor shall be
conveyed to prison as directed by the
warrant of commitment.
(4) When any person who has
been detained at a police station as pro-
vided in subsection (3) of this section
is thereafter conveyed to the prison to
be imprisoned by virtue of such war-
rant of commitment the bailiff shall
endorse on such warrant the day on,
and the hour at, which such person
was arrested by virtue thereof; and the
imprisonment ‘shall be computed from
such day and inclusive thereof.
(5) Where a Magistrate either be-
fore or after the commencement of this
Act makes an order for the payment
either in one sum or by instalments of
any judgment debt and costs, such
order may, on the application either of
the judgment debtor or judgment
creditor and upon cause being shown
upon fresh evidence to the satisfaction
of the Magistrate, be varied or altered
by him hy ordering the amount due
and unpaid (if pay able in one sum) t to
4
No. of 1954, Mayistrate’s Code of Procedure 13
(Amendment).
be paid by instalments, or if the said
-amount is already payable in instal-
ments, he may increase or decrease the
amount of such instalments.â€
18. The following sections are hereby
substituted for sections 172, 173 and 174 of the
Principal Act:—
“172. (1) Where a Magistrate refuses
to make-a conviction the complainant may,
subject to the provisions of subsection (4)
of this section, appeal to a Judge against
such decision.
(2) Where a Magistrate makes a con-
viction the party against whom the convic-
tion is made may, subject to the provisions
of subsection (4:) of this section, appeal to a
Judge against such decision.
(3) Subject to the provisions of sub-
section (4) of this section there shall bea
right of appeal to a Judge from any judg-
ment or order of a Magistrate in any civil
proceedings where the sum claimed and the
costs, if any, exceed three dollars and sixty
‘cents,
- (4) An appeal under this section shall
be tothe Judge who shall after the expira+
tion of thirty days from the day on which
the decision of the Magistrate was first
given hold a sitting of either a Circuit
Court or a Court of Summary Jurisdiction
in the. Cireuit containing the district in
which the Magistrate’s decision was given.
173. Every appeal shall be either by
way of motion or special case as hereinafter
provided.
174. An appeal, whether by way of
motion or special case, shall have the effect
of suspending the execution of the decision,
judgment or order appealed from until the
final determination of such appeal.â€
LEEWARD
ISLANDS,
Substitution
of sections 172,
173 and 174 of
the Principal
Act.
Appeal, fi
Appeal by mo-
tion or special
case,
Appeal ope-
rates asnstay,
Leewarp 14 Magistrate's Code of Proc ‘edure No, of 1954,
IsLanps.
Amendment
of section 175
(Amendment).
19. Section 175 of the Prineipal Act is
sf the Princ’, Hereby amended as follows:—
pal Act,
Substitution
(a) by the substitution of the words
‘¢ Where an appeal is by way of motion the â€
for the word “The†at the beginning of
the section;
(6) by the substitution of a colon for
the full-stop at the end thereof and the
addition thereto of the following proviso:—
“Provided that in the’ case of an
appeal from a decision of the Magistrate of
district ‘‘.J ’’ the said notice shall be served
rwithin twenty-eight davs after the day on
which the Magistrate has given his deci-
sion.â€â€™,
20. The following section is hereby sub-
of section 180 stituted for section 180 of the Principal Act:—
of the Princi-
pal Act, ¢
‘Special Case,
180. (1) After the hearing and deter-
mination of any complaint, the Magistrate
may, in his discretion, on the application of
‘either party to such complaint or their
solicitor, or of his own motion without such
application, state a case on any point of law
arising in the case for the opinion of a
Judge. The statement of facts in such case
so stated shall, for the purpose of the deter-
mination thereof, be conclusive.
(2) Where such party (hereinafter
called “the appellant’’) makes application
to a Magistrate to state a case the appellant
shall within fourteen days after the day on
which the Magistrate has given his decision,
in the manner and form. prescribed by sec-
tions 175 and 177 of this Act, serve a notice
of appeal on %he other party and on the
Magistrate:
Provided that in the case of an appeal
from a decision of the Magistrate of district
“J†the said notice shall be served within
twenty-eight days atter the day on which
the Magistrate has given his decision,
-
No. ‘of 1954. Mesias 8 Code of Peon 15
(Amendment).
(3) The provisions of sections 178 and
179 of this Act shall apply in respect of any
such appeal.
ars (4) Nothing herein contained shall be
construed to prevent either party in such a
case appealing within the time specified in
section 175 of this Act as to any determina-
tion. of fact or any question of law not raised
in the case stated by the Magistrate; but
such appeal shall be in such event indepen-
dent of the case stated.
(5) (a) The Attorney General may, by
notice in writing under his hand, require ‘a
Magistrate to state a case on any point of
law, and, on receipt of such notice, the
Magistrate shall state such case accordingly.
(6) In this subsection the expression
‘“‘ Attorney General†includes the
Crown Attorney of a Presidency.
(6) The Judge may remit any case
stated under the provisions of this section to
the Magistrate stating the same for further
information from such Magistrate.
(7) fon application being duly made
toa Magistrate to state a case such Magis-
trate declines so to do, the appellant may
apply to the Supreme Court or to any Judge
thereof for an order cere the case to be
stated.’’.
21. Section 181 of the Principal Act is
hereby amended by the deletion of all the words
before and including ithe words “as the case may Ac
be†appearing therein and the substitution
therefor of the following:—
a he Magistrate upon receiving an
application, notice or order under the pro-
visions of section/180 of this Act or when of
his own motion he decides to state a case for
' the opinion of a Judgeâ€â€™.
LEEWARD
_ Tsuanps,
Amendment of
section 18] of
the Principal
t.
Leewarp 16 Magistrate's Code of Procedure No, of 1954,
IsLANDS. (Amendment),
Amendment of 22. Section 187 of the Principal Act is
the Princiost. hereby amended as follows:—
as (a) by the substitution of the words
“fifty dollars†for the words “ five pounds |
five shillings†appearing therein; and
(b) by the substitution of a colon for
the full-stop at the end thereof and by the
addition thereto of the following proviso:—
“Provided further that if on the
hearing of a special case the Judge
adjudges such appeal to have been
frivolous and vexatious the appellant or
the solicitor who made application for
the special case shall be liable, if the
Judge shall so think fit, to pay a sum
not exceeding seventy-two dollars as
costs of the appeal and such costs shall
be recoverable as hereinafter provided.â€.
Amendment of 23. Section 220 of the Principal Act is
section 2e0'or hereby amended as follows: —
rincipa ¢
ai (a) by the substitution of the word
“declared†for the word ‘“delared â€
appearing therein; and
(6) by the insertion, between the words
“paid†and “toâ€, of the following
words :—
‘‘into the Public Treasury of the
Presidency where such sums are
paid, or if the Magistrate shall so
direct,â€
Amendment of 24. Section 251 of the Principal Act is
fepeeenal: hereby amended by the substitution of the
Act. words ‘‘ fourteen days.’ for the words “ seven
days†appearing therein.
Amendment 26. Section 253 of the Principal. Act is
or ee erin. hereby amended by the deletion of all the words
pal Act. appearing after the word “ punishmentâ€.
Fee 26. (1) Section 16 of the Interpretation
© s ;
dinances, Of Laws Act is hereby amended by the deletion
Cap. 103. therefrom of the definition of the expression
** Justice of the Peaeeâ€â€™.
t
No, of 1954. Mayistvate’s Code ot Procedure 17 LeewarpD
(Amendment). [sLanDs.
(2) The Act and Ordinances specified in the
Schedule to this Act are hereby ameuded to the
extent mentioned in the fourth column thereof,
°
President.
Passed the General Legislative Council this
day of . 41964.
Clerk of the Council,
SCHEDULE,
No of | ae .
Presidency. Ree Short title. Extent of amendment.
ene roasted jer phreasns
Antigua, 6/1896 |The Interpretation |Paragraph (21) of sec-
of Laws Act, 1896.| tion 18 shall be de-
leted.
i {
Saint Obristopher,] 18/1896 |The Interpretation |Paragraph (21) of sec-
Nevis and An- | of Laws Ordinance,| tion 17 shall be de-
guilla 1896. | leted.
Montserrat "| 6/1898 |The Interpretation |Paragraph (21) of sec-
of Laws Ordinance,; tion 18 shall be de-
1898. | leted.
Virgin Islands 1/1899 |The Interpretation |Paragraph (21) of sec-
of Laws Ordinance, tion 18 shall be de-
1898, | leted.
OBJECTS AND REASONS.
The object of this Bill is to amend further the Magis-
trate’s Code of Procedure Act (Cap. 61) in the following
. Tespects:—
1. To provide for the appointment and removal of
Justices of the Peace by the Governor by instrument under
the Public Seal of the Colony, every such appointment and
removal to be notified in the Gazette; and for every District
Magistrate to be ex-officio a Justice of the Peace of the
Presidency in which his district is situate.
Lerwarp 18 Magistrate’s Code of Procedure No. of 1954,
IsLanps. (Amendment).
Under the present law Justices of the Peace are persons
holding office under a commission of the peace under the
hand and seal of a Governor or gazetted asa Justice of the
Peace for any Presidency. Co of the peace have
fallen into desuetude. (Clauses 2, 3 and 26).
2. Clause 4 re-enacts section 33 of the Principal Act and
provides for the laying of an information or complaint—
(a) by any person unless the enactment under which
the same is founded prescribes otherwise;
(6) by any police officer, in a case of assault or
battery even though the aggrieved party declines or
refuses to make such information or complaint;
(c) by any police officer in the name of the police
officer in charge of the Police Division in a Magisterial
district and for such first mentioned police officer to con-
duct the proceedings consequent thereon on behalf of the
police officer in whose name the complaint is laid. This
provision links up with that ee in section 27 of
the Police Act, 1951 (No. 12/1951).
3. Clause 5 empowers a eine to try cross-com-
plaints with reference to the same matter.
4. Clause 7 amends sections 100 and 101 of the Principal
Act by increasing the amount of costs which a Magistrate may
in his discretion award to the prosecutor or defendant in cases
of summary conviction.
6. Clause 8 re-enucts section 107 of the Principal Act
which in its present form limits the offences in respect
of which sentences of imprisonment may run consecu-
tively. Subsection (1) of the new section 107 removes such
limitation and provides further that the aggregate term of
such sentences shall not exceed six months unless such
sentences include at least two sentences for indictyble offences
dealt with summarily or a sentence for an offence which the
Magistrate i is empowered to order imprisonment for more than
six months, in which cave the egeregate term shall not exceed
twelve months. This amendinent follews section 18 of the
Criminal Justice Administration Act, 1914 (4 & 5 Geo. 5c. 58).
Subclause (8) of the said Clause 8 enables the Magistrate
(uotwithstanding the provisions of srbclause (1) ) where he-
imposes a sentence of six months imprisonment, and in addi.
tion, a fine, to impose an additional term of imprisonment if
4 t
‘No. of 1954. Magistrate's Corle of Procedure 19 Lerwarp
(Amendment). IsLANDS.
default, is made in the payment of the fine. This amendment
- follows section 27 of the Criminal Justice Act, 1925 (15 & 16
Geo. 5 c. 86). Clause 9 is a consequential amendment in
view of the provisions of clause 8.
6. Clauses 10 and 23 authorise a Magistrate to order
that fines not paid directly to his clerk,, and that sums
forfeited in respect of a recognizance, be paid directly into
the Public Treasury.
7. Clauses 11 and L2 re-enact sections 130 and 1382 of
the Principal Act and assimilate the position of a husband
as nearly as possible to that of a wife in respect of separation
and maintenance orders. .
8. Clause 13 seeks to increase the maximum amotint which
_a Magistrate may award in bastardy cases for the maintenance
and education of a child from $1.20 to $1.80 per week.
9. Clause 14 provides that where the putative father of -
a bastard child is in arrear with such weekly payments and
proceedings for the payment of such arrears are taken, the
order shall not be enforced unless the Magistrate is satisfied
that the defendant has sufficient means to pay such arrears in
whole or in- part. Provision is also made that where the
putative father is committed to prison for such arrears, no
further arrears shall accrue during the time he is in prison.
10. Clause 16 authorises a Magistrate to order that
any sum payable under an order for the maintenance and
education of a bastard child be paid to any person en:powered.
“by the Governor under section 141 of the Principal Act to
act {in loco matrisâ€, and to be applied as directed by the
Magistrate.
11. Clause 17 confers power ona police officer in
charge of a country station to imprison in a police lock up,
until noon of the following day; a judgment debtor arrested
by a bailiff in persuance of a warrant of commitment,
where, owing to the time and place of his arrest, it is not
practicahle to convey him to the prison. .
12. Clauses 18 to 21 seek to re-enact and atnend some of
the provisions of the Principal Act relating to appeals, the main
object of che amendraents being to give a right of appeal toa
complainant on the dismissal of a complaint as well as the right
s
2 ®
Lrewarp 20 Magistrate's Code of Procedure No. of 1954,
IsSLANDs, (Amendment),
to apply for a stated case on any point of law. Some doubts
exist as to whether under section 172 of the Principal Act a
complainant (who may only appeal against a dismissal by way
- of a stated case on a point of law) may so appeal unless the
Magistrate has adjudged him to pay costs in a sum of not less
than fifteen shillings. Provision is made fora law officer by
notice in writing toa Magistrate to require him to state a case
on any point of law arising on the determination of a case for
the opinion of a Judge of the Supreme Court. The provisions
giving effect to these amendments are in part based on the
Summary Court Ordinance (Ch, 3 No. 4) of the Colony of
Trinidad,
13. Clause 22 seeks to amend section 187 of the Prin-
cipal Act by increasing the amount of costs which may be
awarded on appeal consequent on the increase provided by clause .
7 of the Bill and provides also for the award of costs in cases
where the Appeal Court is of opinion that the appeal is
frivolous and vexatious.
14. Clause 24 aims at increasing the term of imprison-
ment which may be imposed in default ‘of a payment of a fine
for ‘contempt of courtâ€â€™ under section 251 of the Principal
Act while a Magistrate is sitting. ‘
15. Clause 25 is designed to dispense with the transmis-
sion to the Colonial Secretary of a minute recording the facts of
any “‘contempt of court†punished under section 251 of the °
Principal Act. -
C. A. Kexsick,
Acting Attorney General
12th November, 1953,
ANTIGUA. :
Printed at the Government Printing Office, Leeward Islands,
by E. M. BuackMAn, E.D., Government Printer,—By Autherity.
1953.
47/00026—300— 7.4. Price 22 cents,
*,
© ,
No, of 1954. Small Tenements (Amendment). Lxew..rp
IsLanps,
1
LEEWARD ISLANDS,
No, of 1954,
An Act to amend the Small Tenements Act.
INACTED by the Legislature of the Leeward
Islands as follows:—
1. This Act may be cited as the Small short title.
Tenements (Amendment) Act, 1954, and shall be
read as one with the Small Tenements Act, herein- Cap. 68.
after called the Principal Act.
2. Section 2 of the Principal Act is hereby Amendment
amended by the substitution of the following arenas
definition for the definition of “Land†appearing cipal Act.
therein—
“The word “Land†includes houses,
chattel or moveable houses, buildings and all
other corporeal hereditaments, but does not
include a small holding within the meaning
of the Agricultural Small Holdings Act,
1938;â€, 12/1938,
8. Section 3 of the Principal Act is hereby Amendment
amended by the substitution of the words “two of the Prin-
hundred dollars†for the words “ twenty poundsâ€â€™ ipal Act.
appearing therein.
, *
- 4. Section 6 of the Principal Act is hereby Amendment
: of section 6
amended as follows:— Coe pak
cipal Act.
' (a) by renumbering the existing section
as subsection (1);
o
Lerwarpn 2 Smail Teneméents (Amendment.) No. of 1954
IsLanDs.
(b) by. inserting a comma in subsection
(1) of the section after the words “ the matter
and†and immediately thereafter the -follow-
ing— ee
“subject to the succeeding provi-
sions of this section, â€; and
(c) by the insertion of the following as
subsections (2), (3), (4) and (5) of the sec-
tion:—
- (2) Where the land to which the
tenancy relates is subject to the provi-
sions of any Federal Act or Local Act
restricting the rents payable therefor and
the recovery of the possession thereof,
no judgment or order shall‘ be given or
made under subsection (1) of this section
unless the Magistrate is satisfied that
power has been conferred on him so to
do under the provisions of any such law.
(3) Where a chattel or moveable
house of a value of not less than fifty
dollars, which is not the property of the
landlord, (hereinafter in this section
referred to as “the premisesâ€â€™) has been
placed by a tenant or his predecessor. in,
title on the land in respect of which
possession is sought by the landlord and
- such premises is used by the tenant as
his dwelling, no judgment or order shall
be given or made under subsection (1) of
this section unless the Magistrate is satis-
fied that—
(i) it is reasonable to give such
judgment or make such order.
having regard to all the cir-
cumstances of the case; and
(ii) suitable alternative uccommodation
au is available for the tenant. ot
will be available for him when
the judgment or order takes
effect. so:
. * «
No. of 1954. Small Tenemenis (Amendment.) 3
(4) For the purposes of subsection
(3) of this section:—
~
* - (i) suitable alternative accommodation
means accommodation which is
reasonably suitable to the needs -
of the tenant as regards rental
and to the needs of the tenant
and his family as regards proxi-
mity to place of work, as well
as character and extent in rela-
tion to its use as a dwelling for
the tenant; and.
(ii) the onus of proof that a chattel
or moveable house is of a value
less than fifty dollars shall be
- on the landlord.
(5) Notwithstanding anything con-
tnined in subsections (3) or (4) of this
section a judgment or order under sub-
section (1) of this section may be given
or made by the Magistrate, where he
considers it reasonable so to do, without
proof of suitable alternative accommoda-
tion—
(i) the tenant has, within twelve
- months of the filing of the
summons, been convicted of
predial larceny or of larceny
of cattle or of having in his
possession or under his con-
trol preedial produce’ which is
reasonably suspected to have.
been stolen or unlawfully ob-
tained ; or .
(ii) the tenant has been convicted of
using or allowing the premises
or any part thereof to be used
for an immoral or illegal pur-
pose; or ;
(iii) the tenant has committed acts of
waste or been guilty of neglect
or default whereby the premises
. have been injuriously affected;
or
Leeward
IsLtanps.
a
u a
Leewarn 4 Small Tenemeits (Amendment:) No. of 1954,
IsLanps, nat
(iv) the tenant or any person residing
or lodging with him or being
his subtenant has been guilty
of conduct which is a nuisance
or annoyance to adjoining or
adjacent oan of such
premises.’
Sauna 5. The following section shall be substituted
R 10n
ofthe Prin. for section 10 of the Principal Act:—
cipal Act. E
“Limit of 10. Noclaim by the landlord against
Magistrate's = the tenant to recover or to set off any arrears
jurisdiction in 6
Ais of rent and mesne profits under section 9 of
improvements, this Act, and no claim or crossclaim by the
ma anes i he landlord f hausted
mesne profits, tenant against the lan ord tor unexhauste
imiprovements under section 8 of this Act,
shall be entertained where such claim or cross-
claim exceeds the sum of ninety-six dollars.â€.
Amendment 6. Section 24 of the Principal Act is hereby
of section 24 ‘ a ; te
ofthe Prince amended by the substitution of the words “ two
pal Act. hundred dollars †for the words ‘“‘ twenty poundsâ€
appearing therein.
Repeal of Act 7. The Small Tenements (Amendment)
No, 13 of 1938, y
Act, 1938, is hereby repealed,
President.
Passed the General Legislative Council this
day of 1954,
Clerk of the Council.
OBJECTS AND REASONS.
The main object of this Bill is to amend the Small Tene-
ments Act (Cap. 68) in order to implement the following
recommendations contained in a Report of a Select Committee
of the General Legislative Council.
2. By this Bill a Magistrate is precluded from giving a
judgment or making an order for the recovery of land when
No, of 1954, Small Tenements (Amendment.) 5 Leeward
IsLaNDs.
-the tenant occupies a moveable or chattel house thereon of a
value of not less than fifty dollars, not belonging to the
landlord, unless either—
(a). he is satistied that—
(i) it is reasonable to give such judgment or to
‘make such order, having regard to all the
circumstances of the case; and
(ii) suitable alternative accommodation, as therein
defined, is available for the tenant or will
be available for him when the judgment or
order takes effect; or
(6) the tenant has, within twelve months of the
filing of the summons, been convicted of pradial larceny
or of larceny of cattle or of having’ in his. possession or
under his control pradial produce which is reasonably
suspected to have been stolen or unlawfully obtained; or
(c) the tenant has been convicted of using or allow-
ing the premises or any part thereof to be used for an
immoral or illegal purpose; or
(d) the tenant has committed acts of waste or been
guilty of neglect or default whereby the premises have
been injuriously affected; or ;
(e) the tenant or any person residing or lodging
with him or being his subtenant has been guilty of con-
duct which is a nuisance or annoyance to adjoining. or
adjacent occupiers of such premises. (Clauses 2 and 4).
3. In compliance with the Report the Bill also seeks—
(a) to increase the jurisdiction of a Magistrate to
entertaim claims for the recovery of premises where the
rental value thereof does not exceed two hundred dollars
per annum; and
(b) to increase to ninety-six dollars the amount
‘which may be recovered in respect of either arrears of
rent, mesne profits or unexhausted improvements.
(Clauses 3 and 5).
4, Provisions have also been inserted in the Bill with a
view to—
(a) making it clear that the Principal Act applies to
chatte] or moveable houses; (Clause 2).
‘ 5
Leewarp 6 Small Tenements (Amendment.)- No. of 1954.
IsLaNDs.
(0) preventing any conflict between the provisions
of the Principal Act and those of uny Presidential Rent
Restriction Ordinances, by making it clear that premises
dealt with by the Principal Act are subject to the provi-
sions of any such Ordinance (Clause 4 (c) (2); and
(c) increasing to two hundred dollars the value of
the land in respect of which a Magistrate may order the
ejectment of trespassers (Clause 6).
C. A. Ketsicx,
Acting Attorney General.
14th January, 1954.
ANTIQUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackmay, E.D.. Government Printer.—By Authority,
1954, -
47/00235—300—7.54. [Prios 8 cents.]
No. of 1954. Currency (Amendment).
LEEWARD ISLANDS.
No. of 1954. |
An Act to amend the Currency Act, 1950.
ENACTED by the Legislature of the Leeward
Islands as follows:—
1. This Act may be cited as the Currency
(Amendment) Act, 1954, and shall be read as one
with the Currency Act, 1950, hereinafter called the
Principal Act. -
&. The following section is hereby substi-
tuted for section 11 of the Principal Act:—
“11. Ifany person makes or causes to be
made or uses for any purpose whatsoever, or
utters any document purporting to be or in
‘any way resembling or so nearly resembling
as to be calculated to deceive, any currency
note or any part thereof, he shall be liable on
summury conviction in respect of each such
document to a fine of twenty-four dollars’ and
the court shall order the document in respect
of which the offence was committed and any
copies of that document and any plates,
blocks, dies, or other instruments used for or
capable of being used for printing or repro-
ducing any such document which are in the
possession of such offender, to be delivered to
the Board or to any person authorised by the
Board to receive them,â€,
3. The Principal Act is hereby amended by
the insertion therein immediately after section 11
of the following section as section 11A:—
““11A. Whosoever without lawful au-
thority or excuse (the proof whereof shall
lie on the person accused) mutilates, cuts,
tears or perforates with holes any currency
LEEWARD
IsLanps.
Short title.
4/1950.
Substitution
of section 11
of the Princi-
pal Act,
Imitation of
currency
notes,
Insertion of
new section
in the Prin-
cipal Act,
Mutilating
or defaciny
currenoy
notes,
1
Lrewarp 2 = (Currency (Amendment). No. of 1054,
IsLanrs.
note or in any way defaces a currency
note whether by writing, printing, drawing
or stamping thereon, or by attaching or
affixing thereto anything in the nature or
form of an advertisement, shall on summary
conviction be liable to a fine of twenty-four
dollars.â€â€™,
\ President.
Passed the General Legislative Council this
day of 1954,
Clerk of the Council.
ee a
OBJECTS AND REASONS.
The object of this Bill is to amend the Currency Act,
1950, so as to prohibit any imitation, mutilation or defacing of
currency notes.
P. C, Lewis,
Attorney General.
20th January, 1954.
ANTIQUA.
Printed at the Government Printing Otfice, Leeward Islands,
by E. M. Buackman. E.D., Government Printer.—By Authority.
1954,
24/00003—300— 7.54. [Price 3 cents. |
@~ oe
No. of 19354. Virgin Islands (Commissioner of the
Supreme Court) Validation.
LEEWARD ISLANDS.
No, of 1954,
An Act to confirm and validate all the rights,
powers, acts and duties of the Magistrate for
District “J†exercised and undertaken as a
Commissioner of the Supreme Court of the
Leeward Islands and as a Commissioner of
the Supreme Court of the Windward Islands
and Leeward Islands in the Presidency of the
Virgin Islands between the 28th day of June,
1938 and the 2&th day of August, 1943.
WHEREAS it was provided by subsection
(1) of section 9A of the Supreme Court Act
(Cap. 22) as enacted by section 2 of the Supreme
Court (Amendment) Act, 1937, that for the pre-
vention of delay in the administration of justice,
the Governor may, by a Commission under his
hand and the Public Seal of the Colony, appoint a
fit and proper person to be a Commissioner of the
Supreme Court in any Presidency for the trial and
determination, in the absence of a Judge from the
Presidency, of such.causes and matters mentioned
in subsection three thereof as may be specified in
such Commission:
AND WHEREAS by virtue of the power
and authority vested in him by the said section 9A
‘the Governor by a Commission under his hand and
the Public Seal of .the Colony bearing date. the
28th day of June, 1938, appointed the Magistrate
for District “J� to be a Commissioner of the
Supreme Court of the Leeward Islands in the Presi-
dency of the Virgin Islands for the trial and
determination in the absence of a Judge of the said
Court from the said Presidency, of all or any of
the causes and matters mentioned in paragraphs
(a), (6), (c) and (¢) of subsection (3) of section
9A of the said Act:
LEEWARD
IsLANDS.
Preamble.
20/1937,
ae
LEgwarp 2 Virgin Islands (Commissioner of the No. of 1954.
IsLAnps.
20/1939.
20/1939,
Supreme Court) Validation.
AND WHEREAS doubts have arisen as to
whether the said section 9A conferred power on
the Governor to make the appointments thereby
authorised by office as well as by name:
AND WHEREAS the said Supreme Court
Act (Cap. 22) was repealed by the Supreme Court
Act passed in the year 1939 (hereinafter called
the Act of 1939) which latter Act came into force
on the 1st day of January, 1940, and by virtue of
such repeal all appointments made under the
repealed Act became null and void: 2
s@
AND WHEREAS the Commissioner of the’
Virgin Islands as ex officio Magistrate for District
“J†in the purported exercise of the powers con-
ferred on such Magistrate by the Commission of
the 28th day of June, 1938, did, between the 28th -
day of June, 1988 and the 28th day of August,
1943, purport to exercise and perform in the Presi-
dency of the Virgin Islands in the absence there-
from of a Judge of the Supreme Court of the
Leeward Islands, and of the Supreme Court of the
Windward Islands and Leeward Islands, the
powers, rights, acts and duties which may be
exercised and performed by a Commissioner of the
said Courts in the Presidency of the Virgin Islands
duly appointed by the Governor respectively under
section 9A of the Supreme Court Act (Cap. 22)
and under section 4 of the Act of 1939 in the
mistaken belief that he was empowered to exercise
and perform the same:
AND WHEREAS it is expedient in the in-
terests of the community of the Presidency of the
Virgin Islands to remove all such doubts, to validate
ths said appointment and to confirm and_ validate
the purported exercise by the said Magistrate for
District “J†of the powers, rights, acts and duties
of a Commissioner of the said Supreme Courts as
if the said Magistrate had been properly and legally
appointed a Commissioner of the Supreme Court
in the Presidency of the Virgin Islands between
the 28th day of June, 1938 and the 28th day of
August, 1943:
od
‘No. of 1954. Virgin Islands (Commissioner of the 3. LerwarRp
Supreme Court) Validation. IsLANDs.
ENACTED by the Legislature of the Leeward
Islands as follows:—
1. This Act may be cited as the Virgin Short title.
Islands (Commissioner of the Supreme Court)
Validation Act, 1954. :
2. All rights, powers, acts and duties exer- Validation.
cised and undertaken or purported to have been
exercised and undertaken by the Magistrate for
District “J†as a Commissioner of the Supreme
Court of the Leeward Islands and as a Commis-
sioner of the Supreme Court of the Windward Is-
lands and Leeward Islands in the Presidency of
the Virgin Islands between the 28th day of June, —
1938 and the 28th day of August, 1948, are
hereby confirmed and validated as fully and
effectually as if the provisions of section 3 of the
Supreme Court Act (Cap. 22) and of section 4 of
the Act of 1939 had been strictly observed and 20/1939.
followed and the persons performing the duties of
Magistrate for District “J†had been properly and
legally appointed as Commissioners of the said
Courts in the Presidency of the Virgin Islands, at
the times when such rights, powers, acts and
duties had been exercised and undertaken or had
been purported to have been exercised and under-
taken,
President.
Passed the General Legislative Council this
day of 1954.
Clerk of the Council.
Leewarp 4 Virgin Islands (Commissioner of the No. of 1954,
ISLANDS. Supreme Court) Validation.
OBJECTS AND REASONS.
The Magistrate, District “J,†was appointed a Com-
missioner of the Supreme Court in the Presidency of the Vir-
gin Islands by Commission of the Acting Governor dated 28th
June, 1938, under section 9A of the Supreme Court Act (Cap.
22) as enacted by section 2 of the Supreme Court (Amend-
ment) Act, 1987 (No. 20/1987). It is open to doubt whether.
the appointment should not have been by name in the absence
of any authority in the Act or in the Interpretation of Laws
Act (Cap. 103) for such appointment to be made by office,
2. The Supreme Court Act (Cap. 22) was repealed by
the Supreme Court Act (No. 20/1939) which came into opera-
tion on the lst day of January, 1940. Assuming that the
appointment referred to in the preceding paragraph was valid,
it came to an end with the repeal of the Supreme Court Act
(Cap. 22) under which it was made, there being no saving
provision in the repealing Act (No 20/1989) preserving the
continuity of the appointment.
3. No fresh appointment of «a Commissioner of the
Supreme Court in the said Presidency was made under section
4 of the Supreme Court Act of 1939, but the Commissioner as
ex officio Magistrate for District “J†continued to act as a
Commissioner of the Supreme Court in the mistaken belief
that the appointment mentioned in the first paragraph above
was and continued to be valid.
4, Apart from any other judicial acts that might have
been performed by the said Commissioner no less than thirty-
two Orders granting probate of the will of deceased persons or
letters of administration to the estate of persons dying intestate
were made by him during the period of first January, 1940 to
28th August, 19438.
5. The object of this Bill therefore is to validate the acts
of the Magistrate for District “J†in the Presidency of the
Virgin Islands as a Commissioner of the Supreme Court in the
said Presidency between the 28th day of June, 1938 and the
28th day of August, 1943.
oe C. A. Krusick,
Acting Attorney General,
16th December, 19538.
ANTIQUA,
Printed at the Government Printing Offico. Leeward Islands,
by E. M. Buackman, H.D., Government Printer.—By Authority.
1954. ‘
47/00283-- 35—7.54, [Price 4 cants.]
“ss
No. of 1954. Telecommunications (Amendment).
LEEWARD ISLANDS.
No. of 1954.
An Act to amend further the Telecommunica-
tions Act, 1949.
ENACTED by the Legislature of the Lee-
ward Islands as follows:—
1. This Act may be cited as the Telecom-
munications (Amendment) Act, 1954, and shall
‘be read as one with the Telecommunications Act,
1949, as amended, hereinafter called the Princi-
pal Act.
2. Section 4 of the Principal Act is here-
by amended as follows:—
(a) by the renumbering of subsection
(2) as subsection (3);
(b) by the insertion of the words, brack-
ets and figure “subsection (1) of†between
the word “of†and the word ‘‘this†in
subsection (3) as renumbered; and
(c) by the addition next after subsec-
tion (1) thereof of the following subsection
as subsection (2):—
(2) In any case in which it shall
appear to the Governor in Council of a
Presidency that no provision has been
made hy Rules made under this Act for
the issue of an appropriate licence, or
that the circumstances of the case jus-
tify the issue of a special licence, the
Governor in Council may, notwith-
standing the provisions of section 6 of
LrEwarRD
IsLANDS.
Short title.
13/1949,
1/1953,
Amendment of
section 4 of the
Principal Act,
t
Lerwarp 2. Telecommunications (Amendment). No, of 1954,
IsLanbs.
this Act, issue a special licence for the
establishment of a telecommunication
station and the installation, working
and operation of telecommunication
apparatus therein on payment of such
fees and on such terms and conditions
as to the Governor in Council may
seem fit,â€
President.
Passed the General Legislative Council this
day of 1954.
Clerk of the Council,
OBJECTS AND REASONS.
The object of this Bill is to amend the Principal Act to
provide for the issue of a special licence by the Goyernor in
Council of a Presidency in cases where no provisions are
contained in the Telecommunications Rules, 195i, for the
grant of an appropriate licence as in the case of licences to
establish radio installations on land for communication. with
aircraft.
2. Theamendment sought by the Bill is based on the
provisions of section 3(2) of the Wireless lelegraphy Ordi-
nance of Trinidad and Tobago under which similar licences
are granted.
2 P. Creer, Lewis,
Attorney General.
llth March, 1954.
ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by E, M. Buackman, Government Printer.—By Authority.
1964, ©
300—7.54 Price 4 cents.
a t
No, of 1954. Forgery. : LEEWARD
_ ISLANDS.
LEEWARD ISLANDS.
No. of 1954.
An Act to consolidate, simplify, and amend the
law relating to forgery and kindred offences,
ENACTED by the Legislature of the Leeward
Islands as follows:—
‘1. This Act may be cited as the Forgery short Title.
Act, 1954,
2. In this Act, unless the context otherwise Interpreta-
zeus es— vom
“bank note†includes any note or bill of
exchange of the Bank of England, or of
any person, body corporate, or company
carrying on the business of banking in
any part of the world, and _ includes
“ blank bill ee jada post bile blank
bank note †, blank bank bill of exchan ge’
and “ blank bank post billâ€;
“currency note’ includes any aot legally
issued as currency by or under the
authority of the Government of, or any
law in force in, the Colony or any part
of the Commonwealth including any
British protectorate or protected state or
any territory administered by Her Majes-
ty’s Government in the United Kingdom
or by the Government of any part of the
Commonwealth under the trusteeship
system of the United Nations, or of any
foreign state, or of any part or colony or
dependency, of any foreign state;
“ die’ includes any plate, type, tool, or
implement whatsover, and also any part
of any die, plate, type, tool, or impie-
ment, and any stamp or impression thereof
or uny part of such stamp or impression;
LEEWARD 2 . Forgery. No, of 1954,
ISLANDS,
“document of title to goods†includes, any
bill of lading, India warrant, dock
warrant, warehouse keeper’s certificate,
warrant or order for the delivery or
transfer of any goods or valuable thing,
bought or sold note, or any other
document used in the ordinary control of
goods, or authorising or purporting to
authorise, either hy endorsement or by
delivery, the possessor of such document
_ to transfer or receive any. goods thereby
represented or therein mentioned or
referred to;
‘document of title of lands†includes any
Crown grant, certifieate of title, deed,
map, roll, register, or instrument in
writing being or containing evidence of
the title or any part of the title to any
land or to any interest in or arising out
of any land, or any authenticated copy
thereof; —
‘‘revenue paper’? means any paper provided
by the proper authority for the purpose
of being used for stamps, licences, per-
mits, post office money orders, or postal
orders, or for any purpose whatsover
connected with the public revenue;
‘‘sealâ€â€™ includes any stamp or impression of
a seal, or any stamp or impression made
or apparently intended to resemble the
stamp or impression of a seal, as well as
the seal itself;
‘“‘stamp†includes a stamp impressed by
means of a die as well as an adhesive
stamp;
‘Treasury bill†includes Exchequer bill,
Exchequer bond, Exchequer debenture,
and War bond;
‘valuable security� includes any writing
entailing or evidencing the title of any
person to any share or interest in any
public stock, annuity, fund, or debt of
t
1
No, of 1954, Forgery. 3
any part of the Commonwealth or of any
foreign state, or in any stock, annuity,
fund, or debt of any body corporate,
company, or society, whether within or
without the Commonwealth, or to any
deposit in any bank; and also includes
any scrip, debenture, bill, note, warrant,
order, or other security for the payment
of money, or any authority or request
for the payment of money or the delivery
or transfer of goods or chattels, or any
accountable receipt, release, or discharge,
or any receipt or other instrument evi-
dencing the payment of money, or the
delivery of any chattel personal.
. (1) For the purposes of this Act,
“forgery†is the making of a false document in
order that it may be used as genuine, and, in the
case of the seals and dies mentioned in this Act,
the counterfeiting of a seal or die; and forgery
with intent to defraud or deceive, as the case may
be, is punishable as in this Act provided,
(2) A document is false within the meaning
of this Act if the whole or any. material part there-
of purports to be made by or on behalf or on
account of a person who did not make it nor
authorise its making; or if, though made by or on
behalf or on account of the person by whom or by
whose authority it purports to have been made, the
time or place of making, where either is material,
~ or in the case of a document identified by number
or mark, the number or any distinguishing mark
identifying the document, is falsely stated therein,
and in particular a document is false—
(a) if any material alteration, whether
by addition, insertion, obliteration, erasure,
removal, or otherwise, has been made therein;
or
(6) if the whole or some material part of
it purports to be made by or on behalf of a
fictitious or deceased person; or
LEEWARD
TSLANDS,
Definition of
be forgery 32
“ False
document.â€
LEEWARD
ISLANDS,
Forgery of
certain docu-
ments with
intent to
defraud.
4
f
Forgery. No, of 1954,
(c) if, though made in the name of an
existing person, it is made by him or by his
authority with the intention that it should
pass as having been made by some person,
real or fictitious, other than the person who
made or authorised it,
(3) For the purposes of this Act—
(a) it is immaterial in what langnage a
document is expressed or in what place
within or without the Commonwealth it is
expressed to take effect;
(b) forgery of a document may be com-
plete even if the document when forged is
incomplete, or is not or does not purport to
be such a document as would be binding or
sufficient in law;
(c) the crossing on any cheque, draft on
a banker, post office money order, postal
order, coupon, or other document the crossing
of which is authorised or recognised by law,
shall be a material part of such cheque, draft,
order, coupon, or document;
(d) a document may be « false document
notwithstanding that it is not false in such a.
manner as is described in subsection (2) of
this section.
4. (1) Forgery of the following documents,
if committed with intent to defraud, shall be felony
and punishable with imprisonment for life or for
any term—
(a) any will, codicil, or other testamen-
tary document, either of a dead or of a living
person, or any probate or letters of adminis-
tration, whether with or without the will
annexed ; :
(6) any deed or bond, or any assignment
at law or in equity of any deed or bond, or
any attestation of the execution of any deed
or bond; :
(c) any bank note, or any endorsement
on or assignment of any bank note;
No. of 1954. Forgery. 5
(d) any currency note.
(2) Forgery of the following documents, if
committed with intent to defraud, shall be felony
and punishable with imprisonment for any term
not exceeding fourteen years—
(a) any valuable security or assignment
thereof or endorsement thereon, or where the
valuable security is a bill of exchange, any
acceptance thereof;
(6) any document of title to lands or
any assignment thereof or endorsement there-
on;
(c) any document of title to goods or
‘any assignment thereof or endorsement there-
on; c ,
(d) any power of attorney or other
authority to transfer any share or interest in
any stock, annuity or public fund of the
United Kingdom or any part of the Common-
wealth or of any foreign state or country, or
to transfer any share or interest in the debt of
any public body, company, or society, Com-
monwealth or foreign, or in the capital stock
of any such company or society, or to receive
any dividend or money payable in respect of
such share or interest, or any attestation of
any such power of attorney or other authority ;
(e) any entry in any book or register
which is evidence of the title of any person to
any share or interest hereinbefore mentioned
or to any dividend or interest payable in
respect thereof ;
(7) any policy of insurance or any
assignment thereof or endorsement thereon;
(y) any charter-party or any assignment
thereof;
5. (1) Forgery of the following documents,
if committed with intent to defraud or deceive,
shall be felony and punishable with imprisonment
for life or for any term—
LEEWARD
ISLANDS.
Forgery of
certain docu-
ments with
intent to
defraud or
deceive.
LEEWARD
ISLANDS.
6 .
‘
Forgery. No. of 1954.
Any document whatsoever having there-
upon or affixed thereto the stamp or impres-
sion of the Public Seal of the Colony or of
any Presidency, the Great Seal of the United
Kingdom, Her Majesty's Privy Seal, any
Privy Signet of Her Majesty, Her Majesty’s
Royal Sign Manual, any of Her Majesty’s Seals
appointed by the twenty-fourth article of the
Union between England and Scotland to be
kept, used, and continued in Scotland.
(2) Forgery of the following documents, if
committed with intent to defraud or deceive, shall
be felony and punishable with imprisonment for
any term not exceeding fourteen years—
(a) any register or record of births,
baptism, namings, dedications, marriages,
deaths, burials, or cremations which now is,
or hereafter may be, by law authorised or
required to be kept in the Colony, relating to
any birth, baptism, naming, dedication, marri-
age, death, burial, or cremation, or any part
of any such register, or any certified copy of
any such register, or of any part thereof;
(6) any copy of any register of births,
baptisms, marriages, burials, or cremations
directed or required by law to be transmitted
to any registrar or other ofticer; :
(c) any wrapper or label provided by ot
under the authority of the Governor or the
head of any department of the public service,
(3) Forgery of the following doctiments, if
committed with intent to defrand or deceive, shall
be felony and punishable with imprisonment. for
any term not exceeding seven years—
(a) any official document whatsoever of
or belonging to any court of justice, or made
or issucd by any Judge, Magistrate, officer, or
clerk of any such court;
v
No.
of 1954. Forgery. ; 7
(b) any register or book kept under the
provisions of any law in -or under the
authority of any court of justice;
(c) any certificate, office copy, or certified
copy of any such document, register, or book
or any part thereof; :
(d) any document which any person
_ authorised to administer an oath under the
Commissioners for Oaths Act is authorised or
required by law to make or issue;
(e) any document made or issued by any
public officer or law officer of the Crown, or
any document upon which by the law or
usage at the time in force any court of justice
or any officer might act;
(f) any document or copy of a document
used or intended to be used in evidence in any
court of justice or any document which is
made evidence by law;
(g) any certificate required by any law
for the celebration of marriage;
(h) any licence for the celebration of
marriage which may be given by law;
(i) any certificate, declaration, or order
under any law relating. to vaccination or to the
regiatration of births or deaths;
(j) any register book, builder’s cértificate,
surveyor’s certificate, certificate of registry,
declaration, bill of sale, instrument of mort-
gage, or certificate of mortgage or sale under
Part I of the Merchant Shipping Act, 1894,
or any entry or endorsement required by the
said Part of the said Act to be made in or on
any of these documents;
(k) any permit, certificate, -or similar
document made or granted by or under the
authority of any law relating to customs;
(1) any certificate of the Commissioners
appointed under and acting in execution of the
Income ‘lax Ordinances of any Presidepey ;
LEEWAR))
ISLANDS.
Cap. 72
57 & 58 Vict.
v. 60
LEEWARD
ISLANDS.
Passports:
forgery;
untrue state-
ments.
Forgery of
documents
with intent to
defraud or
deceive.
Forgery of
seals and dies,
: tT
8 Forgery. No. of 1954.
(m) any certificate or any copy of any
register issued by or under the authority of a
Registrar General of any Presidency and not
otherwise provided for.
6. The forgery of any passport, or the
inaking by any person of a statement which
is to his knowlege untrue for the purpose of
procuring a passport, whether for himself or any
other person, shall be a misdemeanor and punish-
able with imprisonment for any term not exceeding
two years.
7. Forgery of any document which is not
made felony under this Act or any other law for
the time being in force, if committed with intent to
defraud or deceive, shall be a misdemeanor and
punishable with imprisonment for any term not
exceeding tivo years.
8. (1) Forgery of the following seals, if
committed with intent to defraud or deceive, shall
be felony and punishable with imprisonment for
life or for any term—
(a) the Public Seal of the Colony or of
any Presidency, the Great Seal of the United
Kingdom, Her Majesty’s Privy. Seal, any
Privy Signet of Her Majesty, Her Majesty’s
Royal Sign Manual, any of Her Majesty’s
Seals appointed by the twenty-fourth article
of the Union between England and Scotland
to be kept, used, and continued in Scotland ;
_ (6) the seal of any court of justice.
(2) Forgery of the following seals, if commit-
ted with intent to defraud or deceive, shall be
felony and punishable with imprisonment for
fourteen years—
(a) the seal of a Registrar General of
any Presidency ;
(6) the seal of a
Supreme Court;
(vr) the seal of any Judge, minister of
yeligion, consul, commissioner for oaths, or
notary public,
Registrar of the
No. of 1954. Forgery. 9 LeewaRD
ISLANDS,
(3) Forgery of the following dies, if commit-
ted with intent to defraud or deceive, shall be
felony and punishable with imprisonment for any
term not exceeding fourteen years—
(a) any stamp or die provided, made, or
used for the purpose of or in connection with
customs;
_ . (A) any stamp or die provided, made, or Cap. 135.
used. in pursuance of the Stamp Act.
9. (1) Every person who utters any forged Uttering.
document, seal, or die shall be guilty of an offence
of the like degree (whether felony or misdemeanor)
und on conviction thereof shall be liable to the
same punishment as if he himself had forged the
document, seal or die.
(2) A person utters a forged document, seul, Definition of
or die, who, knowing the same to be forged, and “utteringâ€.
with either of the intents necessary to constitute
the offence of forging the said docunient, seal, or
die, uses, offers, publishes, delivers, disposes. of,
tenders in payment or in exchange, exposes for
sale or exchange, exchanges, tenders in evidence, or
puts off the said forged document, seal, or die.
(3) It is immaterial where the document, seal,
or ais was forged.
10. Every person shall be guilty of felony Demanding
and on conviction thereof shall be liable to pees
imprisonment for any term not exceeding fourteen ments, ete.
years, who, with intent to defraud, demands,
receives, or obtains, or causes or procures to be
delivered, paid, or transferred to any person, or
endeavours to receive or obtain or to cause or
procure to be delivered, paid, or transferred to any
person, any money, security for money, or other
property, real or personal—
(a) under, upon, or by virtue of any
forged instrument whatsoever, knowing the
same to be forged;
(6) under, upon, or by virtue of any
probate or letters of administration, knowing
the will, testament, codicil, or testamentary
LEEWARD
ISLANDS.
Possession of
forged docu-
ments, seals,
and dies.
“Cap. 135,
Making or
having in
possession
paper or im-
plements for
forgery.
10 Forgery. No. of 1954.
writing on which such probate or letters of
administration shall have been obtained to
have been forged, or knowing such probate or
letters of administration to have been obtained
by any false oath, affirmation, or affidavit.
11. (1) Every person shall be guilty of
felony and on conviction thereof shall be liable to
imprisonment. for any term not exceeding fourteen
years, who, without lawful authority or excuse, the
proof whereof shall lie on the accused, purchases or
receives froin any person, or has in his custody or
possession, a forged bank note, or a forged
currency note, knowing the same to be forged.
(2) Every person shall be guilty of felony
and on conviction thereof shall be liable to
imprisonment for any term not exceeding fourteen
years, who, without lawful authority or excuse, the
proof whereof shall lie on the accused, and
knowing the same to be forged, has in his custody
or possession—
(a) any forged die required or authorised
by law to be used for the making of gold or
silver plate, or of gold or silver wares, or any
ware of gold, silver, or base metal bearing the
impression of any such forged die;
(6) any forged stamp or die resembling
or intended ‘to resemble either wholly or in
part any stamp or die which at any time
whatever has been or may be provided, made,
or used in pursuance of the Stamp Act;
(c) any forged wrapper or label provided
by or under the authority of the Governor or
the head of any department of the public
service;
(d) any forged seal or die the forgery of
which with intent to defraud or deceive is
made punishable by section-8 of this Act.
12. Every person shall be guilty of felony
and on conviction thereof shall be liable to
imprisonment for any term not exceeding seven
years, who, without lawful authority or excuse, the
proof whereof shall lie on the accused—
e
No. of 1954. Forgery. 11 Lerwarv
ISLANDS.
(a) makes, uses, or knowingly has in his
custody or possession any paper intended to
resemble and pass as—
(i) special paper such as is provided and
used for making bank note, currency
note, Treasury bill, or Government
debenture bond;
(ii) revenue paper;
(b) inakes, uses, or knowingly has in his
custody or possession any frame, mould, or
instrument for making such paper, or for
producing in or on such paper any words,
figures, letters, marks, lines, or devices peculiar
to and used in or on any such paper;
(c) engraves or in anywise makes upon
any plate, wood, stone, or material, any words,
figures, letters, marks, lines, or devices, the
print whereof resembles in whole or in part
words, figures, letters, marks, lines, or devices
peculiar to and used in or on any bank note,
or currency note, or Government debenture
bond, or in or on any document entitling or
evidencing the title of any person to any share
or interest in any public stock, annuity, fund,
or debt of any body corporate, company, or
society, whether within or without the Com-
monwealth;
(d) uses or knowingly has in his custody
or possession any plate, wood, stone, or other
material upon which any such words, figures,
letters, marks, lines, or devices have been
engraved or in anywise made as aforesaid ;
(e) uses or knowingly has in his custody
or possession any paper upon which any such
words, figures, letters, marks, lines, or devices
have been printed or in anywise made us
aforesaid ;
(7) makes, uses, or knowingly has in his
custody, or possession any unfinished or
‘incomplete note purporting to be a currency
LEEWARD
ISLANDS.
Purchasing or
having in
possession cer-
tain paper
before it has
been duly
stamped and
issued,
Punishments.
Criminal
possession.
t
1 Forgery. — No. of 1954.
note, or any paper with any word, figure,
device, or distinction peculiar to‘and appearing
in the substance of paper used for any
currency note.
18. Every person shall be guilty of a
‘misdemeanor, and on conviction thereof shall be »
liable to imprisonment for amy term not exceeding
two years, who, without lawful authority or excuse,
the proof whereof shall lie on the accused, pur-
chases, receives, or knowingly has in his custody or
/possession—
(a) any special paper provided and tised
for making bank notes, currency notes,
Treasury bills, and Government debenture
bonds, or any revenue paper before such paper
has been duly stamped, signed, and issued for
public ube;
(6) any die peculiarly used in the manu-
facture of any such paper.
14. (1) On conviction of a misdemeanor
punishable under this Act, the court, instead of or
in addition to any other punishment which may
lawfully be imposed, may fine the offender.
(2) On conviction of a felony punishable
under this Act, the court, in addition to imposing
a sentence of imprisonment, may require the
offender to enter into his own recognisances, with
or without sureties, for keeping the peace and
being of good behaviour.
(3) On conviction of a misdemeanor punish-
able under this Act, the court, instead of or in
addition to any other punishment which may
lawfully be imposed for the offence, may require
the offender to enter into his own recognisances,
with or without sureties, for keeping the peace and
being of good behaviour.
(4) No person shall be imprisoned under this
section for more than one year for not finding
sureties.
15. (1) Where the having any document,
seal, or die in the custody or possession of any
‘
€.
, a
No, of 1954, Forgery. 13
person is in this Act expressed to be an offence, a
person shall be deemed to have a document, seal, or
die in his custody or possession if he—
(a) has it in his personal custody or
possession; or
(b) knowingly and wilfully has it in the
actual custedy or possession of any other per-
son, or in any place, building, lodging, apart-
ment, field, or other place, “whether open or
enclosed, and whether occupied by himself or
not.
(2) It is immaterial whether the document,
matter, or thing is had in such custody, possession,
or place for the use of such person or for the use
or benefit of another person,
16. (1) If it shall be made to appear by
information on oath before a Magistrate that there
is reasonable cause to believe that any person has
in his custody or possession without lawful
authority or excuse—
(a) any bank note, currency note, Trea-
sury bill, or Government debenture bond; or
(6) any implement for making paper of
imitation of the paper used for bank notes,
currency notes, Treasury bills, or Government
debenture bonds; or
(c) any material having thereon any
words, forms, devices, or characters capable of
producing or intended to produce the impres-
sion of a bank note, currency note, Treasury
bill, or Government debenture bond; or
(d@) any forged document, seal or die; or
e) any machinery, implement, utensil
y ys I ’ ’
or material used or intended to be used for the
forgery of any document;
the Magistrate may grant a warrant to search for
the same, and if the same shall be found on search,
it shall be lawful to seize it and carry it before a
Magistrate of the district in which the warrant was
issued to be by him disposed of according to law.
LEEWARD
ISLANDS.
Search
Warrants,
.
Leewarp = 14 Forgery. No, of 1954,
ISLANDS.
Disposal of (2) Where any forged document (including
documents, any forged bank note, currency note, Treasury bill,
seized, | or Government debenture bond), or any machinery,
implement, utensil, or material used or intended to
be used for the forgery of any such document, is
lawfully seized under a warrant granted in pur-
suance of subsection (1) of this section, or other-
wise, the document, machinery, implement, utensil
or material, as the case may be, shall be delivered
up to the Commissioner of Police, or to any person
authorised by him to receive the same, by order of
the court before which the offender is tried or, if
there is no trial, by order of a Magistrate.
Documents. (3) Every other document, seal, or die law-
eto., to be fall ie 1 ea a a halt
destroyed or fully seized under such warrant, or otherwise, sha
otherwise be defaced and destroyed or otherwise disposed of—
disposed of,
(a) by order of the court before whicli
the offender is tried; or
(6) if there be no trial, by order of a
Magistrate,
Form of 17. (1) In an indictment or information for
and proofot 0 Offence against this Act with reference to any
intent. docuinent, seal, or die, it is sufficient to refer to the
document, seal or die by any name or designation
by which it is usually known, or by its purport,
without setting out any copy or facsimile of the
whole or any part of the document, seal, or die.
(2) Where an intent to defraud or an intent to
deceive is one of the constituent elements of an
offence punishable under this Act, or under any
other law relating to forgery or any kindred offence
for the time being in force, it shall not be necessary
to allege in the indictment or to prove an intent to
defraud or deceive any particular person; and it
shall be sufficient to prove that the defendant did
the act charged with intent to defraud or to deceive,
as the case may require.
Partnerships, (3) If any person who is a member of any
co-partnership, or is one of two or more beneficial
owners of any property, forges any document,
matter, or thing with intent to defraud the co-part-
nership or the other beneficial owners, he shall be
«
Woe of 1954, Forgery, 15
liable to be dealt with, indicted, tried, and punished
as if he had not been or was not a member of.the
co-partnership or one of such beneficial owners.
18. (1) Where an offence against this Act
also by virtue of some other law subjects the
offender to any forfeiture or disqualification, or to
any penalty other than imprisonment or fine, the
liability of the offender to punishment under this
Act shal! be in addition to and not in substitution
for his liability under such other law.
_ (2) Where an offence against this Act is by
any other Act, whether passed before or after the
commencement of this Act, made punishable on
summary conviction, proceedings may be taken
either under such other Act or under this Act.
19. The Acts specified in the second column
of the Schedule to this Act are hereby repealed to
the extent specified in the third column thereof.
20. This Act shall come into operation on a
date to be fixed by the Governor by proclamation
published in the (Gazette.
President.
Passed the General Legislative Council this
day of 1954.
Clerk of the Council.
LEBWARD
ISLANDS,
Savings.
Offences
punishable
under other
Acts.
Repeal.
Commence-
ment,
LEEWARD 16 ; Forgery, No. of 1954,
«
ISLANDS,
SCHEDULE,
Chapter or number _ Short Title Extent of repeal
and year of Act
Cap. 35 The Forgery Act The whole Act,
8/1932 The Forgery (Amendment)
Act,. 1932. : The whole Act:
12/1937 The Forgery (Amendment)
Act, 1937. The whole Act,
29/1937 The Counterfeit
Currency (Convention)
Act, 1937. Sections 2 and 3.
1/1938 The Counterfeit
Currency (Convention)
(Amendment) Act, 1938, The whole Act.
9/1941 The Counterfeit °
Currency Act, 1941. Sections 2 and 4,
4/1950 Currency Act, 1950. Section 11.
OBJECTS AND REASONS.
The object of this Bill is to simplify the law relating to forgery and
kindred offences by repealing the Forgery Act, which was passed in
1876, and other related provisions, and substituting therefor legislation
on the lines of the Forgery Ordinance (Ch. 4 No. 12) of Trinidad and
Tobago which was itself based on the provisions of the Forgery Act
1913 (3 & 4 Geo. 5 c. 27).
9
2. Paragraph (d) of subclause (3) of clause 3 of the Bill embodies
the provisions of subsection (1) of section 35 of the Criminal Justice
Act, 1925 (15 & 16 Geo. 5 c. 86).
C. A. KELSICK,
Acting Attorney General.
ANTIGTA.
Printed at the Government Printing Office, Leeward Islands,
by E, M. BuackMmAn, Government Printer.—By Authority.
1954,
—300—7.54. [Price 18 cents.)
re
No, of 1954, Evidence (Amendment)
LEEW ARD ISLANDS.
No. : of 1954.
An Act to amend farther the Evidence Act.
ENACTED by the Legislature of the Lee-
ward Islands as follows:—
1. This Act may be cited as the Evidence
(Amendment) Act, 1954, and shall be read as one
with the Evidence Act, as amended, hereinafter
called the Principal Act,
2. The Principal Act is hereby amended by
the insertion therein immediately after section 12
of the following sections as sections 12A, 12B and
12C respectively :—
“12A. Every Judge shall take judicial
notice of the following faets:—
(a) all public Acts of the Imperial
Parliament whatever, unless the contrary
is expressly provided in any such Acts;
(6) all Orders of the Queen in
Council and statutory instruments of the
United Kingdom having effect in the
Colony ;
(c) the London Gazette and the
Government Gazette of any Colony or
possession in Her Majesty’s dominions;
(d) all laws purporting to be printed
or published by authority or by the
Government Printer; .
(e) all other matters which a Judge
is directed by any law to notice.
LEEWARD
IsLaNnpbs,
Short title.
Cap. 52.
6/1930,
3/1942, .
10/1949,
Insertion of
new sections
in the Princi-
pal Act,
Facts of
which judicial
notice is to be
taken,
»
Leeward 2 Lvidence (Amendment) No. of 1954.
ISLANDS.
©
Proof of fact 12B. No evidence of any fact of which
judicially judicial notice shall. be taken need be given
noticed.
by the party alleging its existence; but the
Judge, on being called upon to fae judicial
notice ‘ther eof may, if he is unacquainted with
the fact, refer to any person or to any
: dgcnm cnt or book of. reference for his satisfac-
tion in relation thereto, or may refuse to take
judicial notice feerear unless and until the
party calling upon him to take the notice
produces the document or book of reference.
Definition of 12C. For the purpose of sections 124
mee and 12B of this Act the term “Judgeâ€
includes all persons authorised to take evidence
either by law or by consent of parties.â€
+
President.
Passed the General Legislative Council this
day of ~ 1954.
Clerk of the Council.
OBJECTS AND REASONS.
The Courts are bound to take judicial notice (that is, tu
recognise without proof in Court) of certain matters, ¢.g. the
common ‘and statute law and rights and duties depending
thereon. By virtue of section 6 of the Interpretation of Laws
Act (Cap. 103) all “ Acts†of the General Legislature shall be
judicially noticed. Matters of which judicial notice is not
taken require to be established by evidence.
2. The Interpretation of Laws Act (Cap. 103) provides
that the production of a copy of the Guzedie containing a copy.
of any regulation, rule, by-law, proclamation, Order in Council
and order made under the authority of any Act shall be prima
facie proof in all Courts of the due making thereof,
3. The Gazette Evidence Act (Cap. 54) also provides
that the G'acet/e shall be admitted in evidence by all Courts ete.
without proof of its publieation and shall be taken and accepted
as evidence of the proclamations, orders, appointments, notices
and other publications therein printed and of the things
contained in such instruments.
No. of 1954. Evidence (Amendment) 3 Lerwarb
ISLANDS.
4. In the case of rules, regulations or Orders in Council
made under the authority ‘of an Act of Parliament production
of a copy printed by authority (that is by Her Majesty’s
Stationery Office) is, under the provisions of the Imperial
Documentary Evidence Act, 1868, required if the rule as to
strict proof is to be adhered to.
5. It occasionally happens, however, that such formal
means of proof are not available and it is frequently inconvenient
to obtain them,
6. The Bill which seeks to amend the Evidence Act
(Cap. 52) enumerates various additional matters of which
judicial notice shall be taken. Provision is made that facts of
which judicial notice is taken may be proved by reference to
documents or books of reference. [n the result the necessity of
formal production of the (rvazetie to establish that certain local
subsidiary legislation was validly made will be obviated.
P. Ceci, Lewis,
Attorney General.
15th February, 1954.
ANTIGUA. :
Printed at the Government Printing Office, Leeward Islands,
hy E. M. BLACKMAN, Government Printer.--By Authority.
1954,
47/00232—300—7.54. Price 5 cents.
"No. of 1954. 7: ravelling and Subsistence LrRWARD
Allowances ( Repeal) ISLANDS,
LEEWARD ISLANDS.
‘No. of 1954.
An Act to repeal the Travelling and Subsistence
Allowances Act, 1947.
- ENACTED the Legislature of the Leeward
Islands as follows;—
1. This Act may be cited asthe Travelling short title.
and Subsistence Allowances (Repeal) Act, 1954.
2. The Travelling and Subsistence Allow- Repeal. ®
ances Act, 1947 is hereby repealed. 5/1947.
3. This Act shall come into operation on a Commence-
_ date to be fixed by the Governor by Proclamation ™™
published in the Gazette,
President.
Passed the General Legislative Council this
day of 1954,
Clerk of the Council,
Lezwarp 2 7: ravelliny and Subsistence No. of 1954.
IsLANDS. Allowances (Repeal)
OBJECTS AND REASONS.
Tt is considered to be more convenient
administratively to provide for the payment of
travelling and subsistence allowances under General
Orders, and to this end Orders have been drawn up.
When these Orders come into force the Act
authorising the payments of such allowances will
become superfluous and the object of this Bill is to
remove this Act from the Statute Book.
P. Ceci, Lewis,
ae au ae Attorney General.
11th May, 1954.
; ANTIGUA. :
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.—By Authority.
1954,
47/00309-—300—7.54.
Price 4 cents.
s
€ ce
No. of 1954. Dangerous Drugs (Amendment) LEEWARD
ISLANDS.
LEEWARD ISLANDS.
No. of 1954.
An Act to amend further the Dangerous Drugs
Act, 1937.
ENACTED by the Legislature of the
Leeward Islands as follows:—
1. This Act may be cited as the Dangerous Short title.
Drugs (Amendment) Act, 1954, and shall be 23/1937.
read as one with the Dangerous Drugs Act, 4/1941.
1937, as amended, hereinafter called the Prin-
cipal Act.
2. Section 2 of the Principal Act shall Amendment
have effect as if— of section 2 of
F the Principal
Act,
(a) the following were substituted for
paragraph (h)—
“(h) “Kegonine’� means levo-
ecgonine and includes any derivatives
of ecgonine from which it may be
recovered industrially.†.
(b) references in paragraphs (4), (/)
and (m) respectively to the ‘Geneva Con-
vention (No. 1)â€, the ‘Geneva Convention
(No. 2)’’ and the “ Hague Conventionâ€
were construed as references to those Con-
ventions as amended by the Protocol on
Narcotic Drugs signed at Lake Success,
New York, ov the 11th day of December,
1946; and
(c) the following were substituted for
paragraph («)—
LEEWARD
ISLANDS.
Amendment
of section 11 -
of the Princi-
pal Act.
Amendment
of section 13
of the Princi-
pal Act,
Amendment ©
of section 14
of the Princi-
pal Act.
3 Q Rap.
2 Dangerous Drugs (Amendment) No. — of 1954.
“(v) “Senior Medical Officerâ€
means the Senior Medical Officer of
each and every of the Presidencies,
and, in case there shall be no such
officer in any Presidency, any Medical
Officer appointed by the Governor for
the purposes of the administration of
this Act in such Presidency.â€.
Section 11 of the Principal Act is here-
by amended by the substitution of the word
“Act†for the word ‘ Ordinance†appearing
at the end thereof.
4. Subsection (2) of section 13 of the
Principal Act is hereby amended by the substitu-
tion of the words “ Governor in Council†for
the word “ Governor†appearing therein.
5. Section 14 of the Principal Act is
hereby amended as follows:— :
(a) by deleting the words “ For the
purposes of the foregoing provisions â€â€™
appearing in subsection (1) and all the
words following thereafter to the end of
the subsection, and substituting therefor the
following—
“For the purposes of this sub-
section, percentages, in the case of
morphine, shall be calculated as in
respect of anhydrous morphine and,
in the case of liquid preparations, shall,
unless other provision in that behalf is
made by rules made by the Governor
in Council be calculated on the basis
that a preparation containing one per
cent of a substance means a prepara-
tion in which one gramme of the
substance, if a solid, or one millilitre of
the substance, if a liquid, is contained
in every one hundred millilitres of the
preparation, and so in proportion for
any greater or less percentage.â€; and
(6) by substituting the following sub-
sections for subsections (2), (3) and (4)—
No, of 1954, Dangerous Drugs (Amendment) 3 LEEWARD
: . ISLANDS.
“(2) If it appears to the Governor
in Council that a new derivative of
morphine or cocaine or of any salts or
morphine or cocaine or any other
alkaloid of opium or any other drug of
whatever kind—
(a) is, or is likely to be,
productive,if improperly used, of
ill effects substantially of the same
character or nature as, or analogous
to, those produced by morphine or
cocaine; or
(6) is capable of being con-
verted into a substance which is,
or is likely to be, productive, if
improperly used, of such effects,
the Governor in Council may by order
declare that this Part of this Act shall
apply to that new derivative or alkaloid
or other drug in the same manner as it
applies to the drugs mentioned in sub-
section (1) of this section,
(3) The Governor in Council may
by order apply this Part of this
Act, with such modifications as may
be specified in the order, to any
of the following drugs, that is to say,
methylmorphine (commonly known as
codeine), ethylmorphine (commonly
known as dionin) and their respective
salts.
(4) If the Governor in Council .
thinks fit by order to declare that
a finding with respect to a preparation
containing any of the drugs to which
this Part of this Act applies has, in
pursuance of Article 8 of the Geneva
Convention (No. 1) been communicated
by the Economic and Social Council of
the United Nations to the parties to the
said Convention, the provisions of this
Part of this Act shall, as from such
date as may be specified in the order,
cease to apply to the preparation speci-
fied therein.â€â€™.
% se
LEEWARD 6 Dangerous Drugs (Amendment) No, — of 1954,
ISLANDS.
7. Paragraph (a) of clause 2 introduces the new
definition of “ecgonine†contained in section 10 of the
Imperial Act of 1951, and paragraph (/) affects an amend-
ment to the Colony’s Act along the lines of subsection (2)
of section 28 of the said Act.
8. Paragraph (c) of clause 2 amends the definition of
“Senior Medical Officer’? consequent on the abolition of
the office of Federal Senior Medical Officer, and Clauses 3
and 4 effect two minor amendments to the Colony’s Act.
P. Crecin LEWIS,
Attorney General.
18th March, 1954.
ANTIGUA.,
Printed at the Government Printing Office, Leeward Islands.
by E. M. BuackmaNn, Government Printer.—By Authority,
1954,
47/00157—300—7.54. [Price 8 cenés.]
a
No. of 1954.
Public Holidays.
s
-LEEWARD ISLANDS.
No. of 1954. *
. An Act to make provision for Public Holidays
and respecting obligations to make payments
and do other acts on such Public Holidays,
ENACTED by the Legislature of the Lee-
ward Islands as follows:—
1. This Act may be cited as the Public
Holidays Act, 1954,
2. The several days in the Schedule to
this Act mentioned (which days are hereinafter
referred to as public holidays), shall be kept as
close holidays in all banks, shops or stores where
goods are sold, and-at the several public offices
in the Colony, and all bills of exchange and
promissory notes which are due and payable on
any such public holiday shall be payable and, in
case of non-payment, may be noted and protested
on the next following day, and not on any public
holiday; and any such noting or protest shall
be as valid as if made on the day on which the
bill or note was made due and payable; and for
all the purposes of this Act the day next. follow-
ing a public holiday shall meap the next follow-
ing day on which a Lill of exchange may be law-
fully noted or protested.
8. When the day on which any notice of
dishonour of any unpaid bill of exchange or pro-
missory note should be given, or when the day
on which a bill of exchange or promissory note
should be presented or received for acceptance,
or accepted, or forwarded to any referee or
‘referees, is a public holiday, such notice of dis-
honour shall be given and such bill of exchange
LEEWARD
IsLANDS,
Short title,
Days noted in
Schedule to
be kept as
public
holidays,
Provisions
where day of
notice of dis-
honour or
presentation
falls on a
holiday.
LEEWARD
IsLaNDs.
No persons
obliged to
make pay-
ment etc, on
holidays.
Power to
Governor in
Council to
appoint
special public
holidays anc
to change day
fixed for a
public
holiday.
Power of
Governor in
Counci) to
appoint
special public
holidays for -
Presidencies,
_ form
s
2 Public. Holidays. No. of 1984.
or promissory note shall be presented or for-
warded on the day next following such public
holiday.
4. No person shall be compellable to make
any payment or to do any act upon such public
holidays, which he would not be compellable to
do or make on Christmas Day or Good Friday;
and the obligation to make such payment and do
such act shall apply to the day following such
public holiday, and the making of such payment
and doing such act on such following day shall
be equivalent to payment of the money or per-
ance of the act on the holiday.
5. Itshall be lawful for the Governor from
time to time with the advice of the Executive
Council of the Leeward Islands to issue a
proclamation—
(a) appointing a special day or part of
a day to be reserved as a public holiday
throughout the Colony, and any day or part
of a day so appointed shall be kept as a
close holiday i in all banks, shops, stores and
public offices aforesaid in the Colony, and
shall; as regards bills of exchange and pro-
missory notes be deemed to be a public
holiday for all purposes of this Act;
(4) when it is made to appear to him
in any special case that in any year it is
inexpedient that a day by this Act appoiited
a public holiday should he a public holiday,
declaring that such day shall not in such
year be a public holiday, and appointing
such other day as to him may seem fit to be
a public holiday, instead of such day, and
thereupon the day so appointed shall.in such
year be substituted for the day originally
appointed by this Act.
6. It shall be lawfui for the Governor froni
tinie to time with the advice of the bxecutive
Council of a Presidency to issue a Proclamation
appointing a special day or part of a day to be
reserved as a public holiday in such P residency
and any day or part of a day so appointed shall
a 8
No. of 1954. Public Holidays. 3
be kept as a close holiday in all banks, shops,
stores and public offices aforesaid in the Presi-
dency and shall, as regards bills of exchange and
promissory notes be deemed to be a public holi-
day for all purposes of this Act.
7. Nothing in this Act shall—
(a) prevent the opening of a drug store
or drug shop on a public holiday in case of
necessity for making up prescriptions and
supplying drugs;
(b) be deemed to prohibit the opening
of any public market or the sale at any place
of any article of food or drink up to the
hour of nine o’clock in the morning.
8. Notwithstanding anything contained in
this Act the Governor with the advice of the
Executive Council of a Presidency, may from
time to time, by oraer published in the Gazette
permit any class of shop specified in such order
to be kept open on a public holiday in such
Presidency or any part thereof during such hours
and subject to such terms and conditions as may
be prescribed by such order, ©
9. For the purposes of sections 6 and § of
tliis Act the expression “ Governor†shall mean
the officer for the time being administering the
government of a Presidency.
10. Any person after the coming into
operation of this Act who keeps open any bank,
shop, store or public office in contravention of
the previsions of this Act, or Zails to comply
with the provisions of any order made under
section § of this Act shall be liacle on surmmary
conviction toa penalty not exceeding two hun-
dred and fifty dollars
11. Banix
repealed
The Holidays Act is hereby
LeEwarp
IsLANDs.
Exceptions,
Provision
fov opening of
shops and
stores,
Definition of
“ Governor â€
for purposes
of sections 6
and 8.
Penalty for
opening on
public
holidays,
Cap. 114,
: = 2 ®
Leewarp 4 Public Holidays. No. of 1954.
[SLANDS.
Commencement, 12. This Act shall come into operation on
a day to be appointed by the Governor by pro:
clamation published in the Gazette,
President.
Passed the General Legislative Council this
day of 1954,
Clerk of the Council,
SCHEDULE.
The anniversary of the birth of the Sovereign or the day, of which due
public notice shall be given, appointed to be kept as the Sovereign’s
birthday.
The anniversary of the birth of the Heir to the Throne,
The first day of January in each year.
Empire Day, being the twenty-fourth day of May.
The twenty-sixth day of December.
If any of the abovementioned days fall on a Sunday the next
following Monday shall be a public holiday.
Easter Monday. .
Labour Day (the first Monday in May).
Whit Monday.
The first Monday in August.
Nore: Sundays, Christmas Day and Good Friday are observed as
Common Law Holidays.
‘
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BuackMAN, Government Printer—By Authority.
1954, :
47/00301—300—7.54. { Price 6 cents. |
ws
€
No, of 1954. Supplementary Appropriation
(1952).
LEEWARD ISLANDS.
No, of 1954.
An Act to sanction: certain payments in-excess
of the amount provided by law for the
service of the General Government for the
" year ending on the thirty-first day of Decem-
ber, 1952,
ENACTED by the Legislature of the Leeward
Islands as follows: —
1, This Act may be cited as the Supplemen-
tary Appropriation (1952) Act, 1954.
2. The sums of money set forth in the First
Schedule to this Act, paid under the Warrant of
the Governor for the services mentioned in that
Schedule, are hereby declared to be lawful expendi-
ture on account of the Government of this Colony
for the service of the year ending on the thirty-
first day of December, 1952, and their total amount
’ to be chargeable upon the several Presidencies in
the proportions specified in the Second Schedule to
this Act.
President
Passed the General Legislative Council this
day of , 1954.
Clerk of the Council.
LEEWARD
ISLANDS
Short title.
Legalization
of expendi-
_ ture,
LEBWARD 2
ISLANDS. 952). /
FIRST SCHEDULE.
HBaAD. $
II. Governor _ 695.60
III. Secretariat 116.97
VI. Judicial 1280.37
XI. Education 120.20
XIV. Miscellaneous 47158.67
4937181
SECOND SCHEDULE.
APPORTIONMENT. :
, $
antigua:
General Services tents 19,896.84
St. Kitts:
General Services 1's" 24,636.53
Montserrat: ;
General Services rots 3,752.26
Virgin Islands:
General Services rb35 1,086.18 .
49,371.81 °
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
Supplementary Appropriation
(i
*
of 1954,
by B. M. Bnackman, E.D. Government Printer. By Authority.
47/00003 -300—7.54.
a ee Spore eee
1953.
(Price 4 cents.]
a g
LEEWARD ISLANDS.
GENERAL GOVERNMENT.
——
STATUTORY RULES AND ORDERS.
1954, No. 31.
Tue Post Orrick (AmEeNpMeENT), Rutes, 1954, patep JuLy 22,
1954, mMapE By THE GOVERNOR IN COUNCIL UNDER SECTION 3 OF
THE Post Orricr Act (Cap. 123).
1. Crration. These Rules may be cited as the Post Office
(Amendment) Rules, 1954, and shall be read as one with the Post Office
Rules, 1934 (S.R. & O. 1934 No. 35) as amended, hereinafter called the
Principal Rules.
~~
2. Svuxstirution or Rute 12. The following shall be substitu-
_ ted for rule 12 of the Principal Rules:—
“12, Rares or Postrace &e. (1) There shall be charged
and payable in each Presidency of the Colony on postal packets
originating in and despatched from each such Presidency (except
postal packets intended for transmission by air and parcels) the
prepaid rates of postage set out as respects each such Presidency in
Schedule © to these Rules,
(2) The prepaid rates of postage on parcels despatched from
each Presidency of the Colony other than those intended for trans-
mission by air shall be such amounts as may be prescribed for each
such Presidency from time to time by a notification of the Governor
in Council published in the Gazette:
Provided that such amounts shall not exceed seventy-two cents
for each pound whether expressed by the pound or scales not
exceeding three, seven, eleven and twenty-two pounds or otherwise.
(3) The rates in Schedule D to these Rules shall be payable in
each Presidency of the Colony for the miscellaneous services
specified therein in respect of such services.â€â€™.
3. Awenpmenr or Rute 16. Rule 16 of the Principal Rules is
hereby amended by the deletion of subrule (6) thereof.
4. Supsrirurion or ScuEpute C. The following Schedule is
hereby substituted for Schedule C to the Principal Rules:—
2
Schedule C. ; Rules 12 and 16 (3),
(a) Rates or Postrace _ Antigua,
1. Letters and Post-Cards.
(a) To any place in the Presidency :—
LETTERS:
For every two ounces or fraction thereof Bt 2c,
Posr-CarpDs Nes le,
(6) To any place beyond the Presidency but with-
in the Colony:—
LETrTeERs:
For every two ounces or fraction thereof oe » 8¢.
Post-Carps oe Qc.
(c) To Great Britain and Ireland, India, Pakistan,
British Dominions, Colonies or Protecto-
rates, Mandated Territuries (except. Trans-
Jordan), Her Majesty’s Ships in Home or
Foreign Waters, Egypt, and the British
Post Office at Tangiers:—
LETTERS:
Not exceeding one ounce me 5c.
For every additional ounce or fraction thereof et ate ROes
Post-Carps as de,
(d) To all other places:— , .
Lrrrers:
Not exceeding one ounce a 8c.
For every additional ounce or fraction thereof aa 5e.
Post-Carps . ; Se.
2. Newspapers and Electioneering Circulars, (1) Newspapers pub- —
lished and registered in the Colony and Electioneering Circulars in
connection with public elections: — :
(a) To any place in the Presidency:
For every copy not exceeding 4 ozs. in weight .... ge.
For every additional 4 ozs. or fraction thereof .... 4c,
(6) To any place beyond the Presidency but
within the Colony:
For every copy not exceeding 4 ozs. in weight .... 1
For every additional 4 ozs. or fraction thereof .... Ide.
The rate shall be a rate for each copy, and if two or more copies are
sent in a single packet, each copy shall be liable to the same postage as
if posted separately, provided that in no case shall a copy ora packet
of such copies be chargeable with a higher rate than that chargeable on a
printed paper of the same weight.
To destinations outside the Colony the rate shall be the same as for
printed papers. :
8
(a) Ratxs or PostagE—(coni'd). Antigua.
(2) Other Newspapers—The rate shall be the same as that provided
for printed papers.
3.
Frinted Papers and Commercial Papers. Printed papers to all.
places :—
For every two ounces or fraction thereof '__.... 2¢.
Commercial Papers to all places:
Not exceeding eight ounces Ree 8c.
For every two ounces thereafter or fraction
thereof Mh 2c.
Samples
To all places: —
Not exceeding four ounces A 4c,
For every two ounces thereafter or fraction
thereof ’ ine 2e.
Small Packets. To all places to which the service applies:—
Not exceeding eight ounces Loe 16c.
For every two ounces thereafter or fraction
thereof ane de.
Blind Literature. Packets containing papers impressed for use of
the Blind:— ,
To all places as Free
Insurance Fees. Not exceeding $96 insured
value oe 16e.
Insured Bowes. Special rate of postage to all
places to which the service applies:—
Not exceeding ten ounces ie 30c.
For every two ounces thereafter or fraction
thereof 6c.
(In addition to the insurance fee and registration fee).
() Rates or Postrace — Saint Christopher, Nevis
and Anguilla.
Letters and Post-Cards.
(a) To any place in the pee ecen ye — .
LETTERS:
For every two ounces or fraction thereof er enns Ze.
Post Carps d le.
(6) To any place beyond the Presidency but with-
in the Colony:—
Lerrers:
For every two ounces or fraction thereo iit ise.
Post-CaRDSs Ree 2c.
4
-(b) Rates or Postace—(cont’d). Saint Christopher, Nevis
and Anguilla.
(c) To Great Britain and Ireland, India, British ’
Dominions, Colonies or Protectorates, Man-
dated Territories (except Trans-Jordan)
Her Majesty’s ships in Home or Foreign
Waters, Egypt and the British Post Oftice
at Tangiers:—
LETTERS:
- Not exceeding one ounce aah de.
For every additional ounce or fraction thereof oie 3e. i
Post-Carps a 4c.
(d) To all other places:—
LETTERS:
Not exceeding one ounce an 8c.
For every additional ounce or fraction thereof. .... 5c.
Post-Carps fee 5G faamn
2. Newspapers and Electioneering Circulars. (1) Newspapers pub-
lished and registered in the Colony and Electioneering Circulars
in connection with public elections: — 7
(a) To any place in the Presidency: “4
For every copy not exceeding 4 ozs. in weight... te.
For every additional 4 ozs. or fraction thereof an $e.
(b) To any place beyond the Presidency but with-
in the Colony:
For every copy not exceeding 4 ozs. in weight _.... ge,
For every additional 4 ozs. or fraction thereof os lye.
The rate shall be a rate for each copy, and if two or more copies are
sent in a single packet, each copy shall be liable to the same postage as if
posted separately, provided that in no case shall a copy or a packet of
such copies be chargeable with a higher rate than that chargeable on a ,
printed paper of the same weight.
To destinations outside the Colony the rate shall be the same as for
Printed Papers. __
(2) Other Newspapers—The rate shall be the same as that
provided for Printed Papers. —
83. -Printed Papers and Commercial Papers. Printed papers to all
places :—
For first 2 ounces =< ay 3c.
Each additional 2 ounces gon epee
Commercial Papers to all places:
Not exceeding 12 ounces ay So.
For every 2 ounces thereafter or fraction
thereof He “Hey
5
(6) Rares or Postace—(contd). Saint Christopher, Nevis
and Anguilla.
4. Samples.
Not exceeding two ounces ohh 3c.
livery additional 2 ounces or fraction thereof faa le.
5. Small Packets ‘
Not exceeding 10 ounces hoe alge:
Every additional 2 ounces or fraction thereof pte 3c.
6. Blind Literature. Packets containing papers impressed for use of
the Blind:—
: To all places Free
7. Insurance Fees.
Not exceeding $96 insured value ; Se l4c.
8. Insured hoxes. Special rate of postage to all places to which the
ds
service applies:—
Not exceeding 10 ounces we 30e.
For every udditional 2 ounces thereafter or
fraction thereof 6c.
(In addition to the insurance fee and registration fee).
(c) Rates or PosracE — Montserrat.
Letters and Post-Cards.
(a) To any place in the Presidency:—
LETTERS:
For every two ounces or fraction thereof A 2c.
Post-Carps - lc.
(6) To any place beyond the Presidency but within the Colony :-—
LETTERS:
For every two ounces or fraction thereof be 3c.
Post-Carps oe 2c.
(c) To Great Britain and Ireland, India, Pakis-
tan, British Dominions, Colonies or Protec-
torates, Mandated Territories (except
Trans- Jordan), Her Majesty’s Ships in
Home or Foreign Waters, Egypt and the
British Post Office at Tangiers:—
LETTERS:
Not exceeding one ounce bias de.
For every additional ounce or fraction thereof oe 3c.
Post-Carps Bis Ac,
(d) To all other places:—
LETTERS:
Not exceeding one ounce ie 8c.
For every additional ounce or fraction thereof ae bc,
6
(c) Ratvs or Postagr—(contd). Montserrat.
Post-Carps ne 5e.
2. Newspapers and Llectioneeriny Circulars. (1) Newspapers pub-
lished and registered in the Colony and Hlectioneering Circulars in
connection with public elections:—
‘(a) To any place in the Presidency:
For any copy nut exceeding 4 ozs in weight .... ac
For every additional 4ozs. or fraction thereof .... ee.
(6) Touny place beyond the Presidency but with-
in the Colony:
For every copy not exceeding 4 ozs. in
weight es 1c.
For every additional 4 ozs. or fraction thereof. .... lhe.
The rate shall be a rate for each copy, and if two or more copies are
sent ina single packet, each copy shall be liable to the same postage as if
posted separately, provided that in no case shall a copy ora packet of
such copies be chargeable with a higher rate than that chargeable on a
printed paper of the same weight.
To destinations outside the Colony the rate shall be the same as for
printed papers.
(2) Other Newspapers—The rate shall be the same as that provided
for printed papers.
8. Printed Papers and Commercial Papers. Printed papers to all
places :—
For every two ounces or fraction thereof “ae 2c.
Commercial papers to all places:—
Not exceeding eight ounces sei 8c.
For every two ounces thereafter or fraction thereof 2c.
4. Samples
To all places:—~
Not exceeding four ounces : Ac.
For every two ounces thereafter or fraction
thereof eine 2c.
5. Small Packets. To all places to which the service applies: —
Not exceeding eight ounces ae Lge:
For every two ounces thereafter or fraction thereof 4c.
6. Blind Literature. Packets containing papers impressed for use of
the Blind:—
To all places Free
7. Phonopost
To all places:—
Not exceeding one ounce hee 6c.
For every additional ounce or fraction thereof de,
8. Insurance Fees.
Not exceeding $96 insured value Ge 16c,
(c) Rares or Posrace—(con?'@) Montserrat.
9. Insured Bowes. Special rate of postage to all places to which the
service applies: —
Not exceeding ten ounces Worse 30c.
For every two ounces thereafter or fraction
thereof — 6c.
(In addition to the insurance fee and registration fee).
(d) Raves or Postage Virgin Islands.
1.) Letters and Post-Cards.
(a) To any place inthe Presidency:—
LETTERS:
- For every two ounces or fraction thereof pa Qc,
Post Carps . rn le.
(6) To any place beyond the Presidency but with-
in the Colony:-—
LETTERS:
For every two ounces or fraction thereof oe 3c.
Post-Carps aa 2c.
(c) To Great Britain and lreland, India, Pakistan,
British Dominions, British Colonies or
Protectorates, Mandated Territories (ex-
cept Trans-Jordon) Her Majesty’s Ships
in Home or Foreign Waters, HKgypt, and
the British Post Office at Tangiers:—
LETTERS:
Not exceeding one ounce es 5c.
For every additional ounce or fraction thereof aed 4c.
Post-Carps ee he.
(d) To all other places: —
LETTERS:
Not exceeding one ounce oe 8c.
For every additional ounce or fraction thereof oe Be.
Post-CaRrpDs a, Be.
2. Newspapers and Electioneering Circulars. (1) Newspapers pub-
lished and registered in the Colony and Electioneering Circulars
in connection with public elections:—
(a) Toany place in the Presidency:
For every copy not exceeding 4 ozs. in weight’ ace
For every additional 40zs. or fraction thereof ee
(6) To any place beyond the Presidency but with-
in the Colony:
For every copy not exceeding 4 ozs. in weight ae
For every additional 4 ozs. or fraction thereof de.
Nee
8
The rate shall be a rate for each copy, and if two or more copies are
sent in a single packet, each copy shall be liable to the same postage.as if
posted separately, provided that in no case shall a copy or a packet of
such copies be chargeable with a higher rate than that chargeable. on @
printed paper of the same weight.
(c) To all other places—the same as for printed papers.
(2) Other Newspapers-—the rate shall be the same as for printed
papers.
8. Printed Papers and Commercial Papers, Printed papers to all
places: —
For every two ounces or fraction thereof ¥en 2c.
Commercial Papers to all places:
Not exceeding eight ounces sav 8e.
For every two ounces thereafter or fraction thereof ... 2e.
4. Samples. To all places:—
Not exceeding four ounces ; . 4e.
For every two ounces thereafter or fraction thereof . 2c.
5. Small Packets. To all places to which the service eiiae -
Not exceeding ten ounces Bie 16c. i
For every two ounces thereafter or fraction thereof .. . 3c. 4
6. Blind Literature. Packets containing papers impressed for use o€
the blind: — i
To all places Free
7. Insurance Fees, Not exceeding $96 insured value .... 16c.
8. Insured Boxes. Special rate of postage to all places to which the
‘service applies:— .
Not exceeding ten ounces de 30c.
For every additional two ounces thereafter or
fraction thereof 6c.
(In addition to the insurance fee and registration fee).
5. Commencement. These Rules shall come into operation on
the 15th day of August, 1954.
Made by the Governor in Council this 22nd day of July, 1954.
' A. E. Penn,
Clerk of the Council.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackman, E D., Government Printer.—By Authority.
é 1954. a
62/00033 1I—586—7.54. : [ Price 10 cents]
LEEWARD ISLANDS.
GENERAL GOVERNMENT.
—
STATUTORY RULES AND ORDERS.
1954, No. 32.
Tax Sramps (InvanipatTion) Orper, 1954, patep JuLy 22,
- 1954, MADE BY THE GOVERNOR IN COUNCIL UNDER SEC-
TIONS 4 AND 5 OF THE Stamp Act (Cap. 135) as
AMENDED,
1. Crration. This Order may be cited as the Stamps
(Invalidation) Order, 1954..
2. [nvaLtpation or Stamps. The stamps originally
authorised for use by and under the Order in Council set forth
in the Schedule to this Order, and the continued use whereof
was authorised by the Stamps (Continuance of Use) Order,
1953 (S. R. & O. 1958, No. 21) shall, as from the Ist day of
February, 1955, no longer be valid for the payment of postage ~
or stamp duties:
Provided that any person who is in possession of any
‘such stamps may, at any time between the Ist day of
February, 1955, and the 30th day of April, 1955, apply—
(a) in respect of a Leeward Islands stamp, to
any Post Office in the Colony; and
(>) in respect of a Presidential stamp, to any
Post Office in the Presidency of issue,
to have such stamps exchanged for and replaced by a valid
stamp or valid stamps of equal value.
Made by the Governor in Council this 22nd day of July,
1954.
A. E. Penn,
Clerk of the Couneil.
SCHEDULE.
The Stamps (Silver Wedding Commemoration) Order, 1948
(S. R. & O. 1948, No. 30).
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackman, Government Printer.—By Authority.
: 1954.
62/00009—490.—7.54. Prioe 3 cents.
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