Citation
Leeward Islands gazette

Material Information

Title:
Leeward Islands gazette
Added title page title:
Supplement to the Leeward Islands gazette
Creator:
Leeward Islands (West Indies)
Place of Publication:
[Antigua
Publisher:
Gov. Printing Office]
Publication Date:
Language:
English
Physical Description:
1 online resource

Subjects

Subjects / Keywords:
Politics and government -- Leeward Islands (West Indies) ( lcsh )
Law
Leeward Islands (Federation)
Montserrat
Genre:
serial ( sobekcm )
periodical ( marcgt )
Official gazettes ( fast )
Gazettes ( fast )
newspaper ( marcgt )

Notes

Dates or Sequential Designation:
1- , 1872-
General Note:
Two pages per frame.
General Note:
Supplements, issued with some numbers, contain departmental reports, Meteorological registers, ordinances, statutory rules and orders, etc., of Antigua, St. Kitts and Nevis, Montserrat, and the British Virgin Islands.
General Note:
Weekly
General Note:
Published by Authority, <27th March, 1941>-28th June, 1956.
General Note:
Open access via Digital Library of the Caribbean.
General Note:
Some issues called "extraordinary."
General Note:
Occasionally issued with "Supplement to the Leeward Islands gazette."
General Note:
Vol. 18, no. 10 (13th March 1890); title from caption (viewed July 10, 2023).
General Note:
Vol. 84, no. 30 (28th June, 1956) (viewed July 10, 2023).

Record Information

Source Institution:
University of Florida
Holding Location:
University of Florida
Rights Management:
This item is presumed to be in the public domain. The University of Florida George A. Smathers Libraries respect the intellectual property rights of others and do not claim any copyright interest in this item. Users of this work have responsibility for determining copyright status prior to reusing, publishing or reproducing this item for purposes other than what is allowed by fair use or other copyright exemptions. Any reuse of this item in excess of fair use or other copyright exemptions may require permission of the copyright holder. The Smathers Libraries would like to learn more about this item and invite individuals or organizations to contact Digital Services (UFDC@uflib.ufl.edu) with any additional information they can provide.
Resource Identifier:
001724221 ( ALEPH )
AJD6739 ( NOTIS )

Related Items

Succeeded by:
Antigua, Montserrat and Virgin Islands gazette

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Full Text








“51
“il + ™ ws
Hh LERBWARD ISLAND
i “4 rf ryvyn
} = GAZETTE.
YJ *Budlished by Authority.
fe
ae “ t
. UXXXITT. THURSDAY, 17ra MARCH, 1955 No. 12.
= ae =e
aes FARRELL R. C. B., Senior Clerk, No. 23 of 1954, “The Crown
Notices, Public Works Departinent, Mont- Agents (Change of ‘Title) Ordinance,
serrat, resigned appointment. 1954.” Mar. 7
A oe Jan. 1
It is hereby notified for general MB, 102.
information that His Excellency the farper, Miss B., Junior Clerk, No. 29.

Governor has issued a Commission to
the Hon. P. D. MacbONALD, C.M.G.,
appointing him to be Governor’s
Deputy during His Excellency’s
forthcoming absence from Antigua,
whilst paying a visit to Montserrat
from about the 20th to the 30th
March, 1955.

The Secretariat,
Antigua.
15th March, 1955.

’ Ref. No. 18/00283.

Brazilian Consular Repre-
sentation.

With reference to the notice
appearing in Gazette No. 26 of the
rd June, 1954, it is notified for
general information that Her Majes-
ty’s Mxequatur has been issued to
Senhor ROBERTO CHALU PACHECO
as Vice-Consnl at Port of Spain with
jurisdiction over Trinidad & Tobago,
Bahamas, Jamaica, the Leeward
Islands, the Windward Islands,
British Honduras, Barbados (exclud-
ing Bridgetown) and British Guiana
(excluding Georgetown) and bears the
date 7th February, 1955.

The Secretariai,
Antigua.
10th March, 1955.

Ref. No. 19/00009,

No. 26.

Appointments and transfers ete.,
in the public service, with effect from
the dates stated, are published for
general information :—

ALLEN, Mrs. A., Certificated Teacher,
Class HI, Education Department,
Montserrai, appointed Certificated
Teacher Class I, Education Depart-
ment, Montserrat. March 1

M. E. 18,

Boatswain, J. W. P., Certificated
Teacher Class II, Hducation De-
_ partment, Montserrat, appointed
~ Certificated Teacher Class I, Educa-
tion Department, Montserrat.
Feb. 1
M. &. 28.

BLE. 7277
LAE CL

Treasury Department. Montserrat,
confirmed in appointment.
30 June 1954

M. E, 192.
Mauonn, Miss F, Uncertificated

Teacher, Education Department,

Montserrat, appointed Certificated

Teacher Class II, Education De-

partment, Montserrat. Feb. 1
M. EK. 41.

WILLIAMS, J. A., Uncertificuted
Teacher, HKducation Department,
Montserrat, appointed Certificated
Teacher Class II, Education De-
partment, Montserrat. Feb. 1

M. E, 31,

OONFIRMATION OF ORDINANCES,
No, 27.

The Secretary of State for the
Colonies has informed the Governor
that the power of disallowance will
not be exercised in respect. of the un-
dermentioned Ordinances:—

Antigua.

No. 6 of 1954, “The Development
(Telephone) Loun Ordinance, 1954.”

St. Kitis-Nevis-Anguilla.

No. ll of 1954, ‘The Building
(Amendment) Ordinance, 1954.”

Montserrat,

No. 14 of 1954, “The Central
Library Ordinance, 1954.”

Virgin Islands.

No. & of 1954, “The Protection
of Trees and Conservation of Soil and
Water Ordinance, 1954.”

No. 9 of 1954, ** The Motor Vehicles
Ordinance, 1054.”

No. 28.

The Governor has been pleased this
day to assent to the undermentioned
Ordinances:—

Antigua.

No, 22 of 1954, ‘The Vehicles and -
' Road Traffic (Amendment) Ordinance,

1954.” Feb, 28

The following Ordinance and Stat-
utory Rule and Order are circulated

with this Gazette and form part
thereof :—
ORDINANCE.
Antigua.

No. 19 of 1954, The Crown Pro-
ceedings Ordinance, 1954.”
26 pp. Price 28 cents.

STATUTORY RULE & ORDER.

General Government.

No. 13 of 1955, “The Exportation
of Foreign Currency (Exemption)
Order, 1955.” 1 pp. Price 3 vents.

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

MONTSERRAT CIRCUIT.
Circuit Court Notice.

NOTICE IS HEREBY given that
in pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Leeward
Islands Courts Order in Couneil.
1939, on the 24th day of September,
1941, as amended, the Honourable the
Puisne Judge selected for the sitting
of the Court in the Montserrat Circuit
has appointed the undermentioned
day on which the ensuing Circuit
shall sit in the Presidency, that is to
say :—

On Monday the 28th day of March,
1955 at 11.00 o’clock in the forenoon.

ALLAN LOUISY,
Registrar, Montserrat Circutt,
Registrar's Office,
Montserrat.

Tth March, 1955.



5S THE LEEWARD ISLANDS GAZETTE.

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

VIRGIN ISLANDS CIRCUIT.

HEREBY GIVEN
that in pursuance of Rules made by
the Chief Justice under Section 16 of
the Windward Islands and Leeward
Islands (Courts) Order in Council,
1939, and duly approved as therein
provided on the 16th day of Octo-
ber, A.D. 194], The Honourable
Puisne Judge selected for the sit-
ting of the Court bas appointed the
day of the month on which the en-
suing Circuit Court shall sit as fol-
lows, that is to say:—

NOTICE IS

The Virgin Islands Circuit on
Friday the 1st day of April, 1955,
at 10 o’clock in the forenoon.

Dated the 24th day of February,
1955.
0. M. BRownn,
Chief Registrar.



Aid to Pioneer Industries
Ordinance, 1950.

In pursuance of the requirements
of section 3 (2) (a) of the Aid to
Pioneer Industries Ordinance, 1950,
it ig hereby notified for general
information that the
Council proposes to make the under-
mentioned Order under section 3 (1)
of the said Ordinance.

2. Any person who objects to the
making of such Order shall giva
notice in writing of his objection and
of ihe grounds on which he relies in
support thereof to the Clerk of the
Exeecntive Conncil on or before the
18th day of April, 1955.

J. L. ROBINSON,

Clerk of the Executive Council.

Tuk AID TO PIONEBR INDUSTRIES
(MANUFACTURE OF PAINT) ORDER,
1955, DATED MADE BY
THE GOVERNOR IN COUNCIL UNDER
BECTION 3 (1) OF THE AID TO
PIONEER INDUSTRIES ORDINANCE,
1950 (No. 9 oF 1950).

ORDER IN COUNCIL.

1. Citation. This Order may be
cited as the Aid to Pioneer Industries
(Manufacture of Paint) Order, 1955.

2. Manufacture of Paint de-
clared a Pioneer Industry.
manufacture of paint is hereby de-
elared to be a pioneer industry for
the purposes of the Aid to Pioneer
Industries Ordinance, 1950, and the
following product is hereby declared
to be a pioneer product for the said
purposes:—

_ Paint.

Made by the Governor in Council
this day of , 1955.

Clerk of the Executive Counoil.
Ref. No. A, 42/67.

Governor in.

The

Agricultural Scholarship Tens. ~
able at the Imperial College.,

of Tropical Agriculture.

1. Applications are invited ; dor a
scholarship tenable at the Imperial
College of ‘Tropical Agriculture,
Trinidad, to be awarded by the
Government of the Leeward Islands
in respect of the year 1955,

2. Applications must be submitted
to the Colonial Secretary throngh—

(a2) the Headmaster of the school
at which the applicant is being
or has being taught, or

(6) the Administrator or Com-
missioner of the Presidency con-
cerned,

by the 5th April, 1955.

Application forms should be
obtained from the office of adminis-
tration of the Presidency in which
the applicant resides.

3. The successful candidate will
be required to sign an undertaking to
serve for three years in the Leeward
Islands upon the suecessful comple-
tion of his course of study if offered
suitable employment.

The Secretariat,
Antigua,
Ath March, 1955.

28/00199,

Workmen’s Compensation Act.

The attention of persons in Antigua
employing workmen, as defined by
the Workmen’s Compensation Act,
1937, is directed to the notice dated
5th February, 1954, published in the
Leeward Islands Gazette on the 18th
February, 1954, whereby such per-
sons are required to render, on or
before the 15th day of February in
every year, to the Labour Commis-
sioner, a correct return in respect of
the preceding calendar year speci-
fying:—

(a) The total number of injuries
to workmen during the year in
respect of which compensation has
been paid;

(6) The number of fatal injuries
included under (a);

(c) The total amount paid in full
settlement of claim for compensa-
tion in respect of non-fatal injuries.

(a) The total amount paid to
dependents in respect of fatal in-
juries;

(¢) The number of non-fatal in-
juries which have been classified as
of a permanent nature;

[17 March, 1938.

7Â¥ Ball details respecting any

6 aN compensation being
made on @e¢ount of temporary dis-
ablement under section 4 (i) (d).

Dated the 25th day of February,
1935.
Administrator.
A. 68/7

..* Wath reference to the Declaration
“dated the 26th day of October, 1954

(8. R. & O. 1954, No. 30) regarding the
acquisition for public purposes of
certain lands forming part of Five
Islands Estate as set out in the
Schedule to the said Declaration:

IT IS HEREBY notified for general
information that the said lands which
comprise portions of the several
estates commonly known as Five
Islands Estate have now been demar-
cated by actual survey and a notice
of acquisition in respect of the said
lands has been issued in accordance
with the provisions of section 7 of the
Act. The area and boundaries of the
same are as hereunder:

-ALL THOSE portions of lands
forming part of Five Islands, Gambles
(Five Islands) and Galley Bay com-
monly called Five Islands Estate
situate in the Parish of St. John in
the Island of Antigua containing by
admeasurement 129.309 acres and
bounded as follows:—

On the North by Galley Bay and
Gambles (Five Islands);

On the East by Five Islands;

On the South by Galley Bay and

the Village of Five Islands and
On the West by Galley Bay,

Dated this 2nd day of March, 1954.

HENRY J. ELWIiy,
Authorised Officer.

GENERAL (OPEN) IMPORT
LICENCE.

No. 1 of 1955.

1. General (Open) Import Licence
No. 2 of 1954 dated the lst day of
April, 1954, is hereby amended as
follows:—

By the deletion of the words
“Lumber and wood products ex-
cluding furniture ” from the Sched-
ule thereto.

2. General (Open) Import Licence
No. 1 of 1954 dated the Ist of April,
1954, is hereby amended as follows:—

By the addition to the Schedule
thereto of the following new item

after item (19)—

(20) Lumber and wood pro-
ducts”.

Dated this 3rd day of March, 1955.
By Order of the Governor,
C. Mo A. STEVENS,

Supply Officers
40/832—IIl.



k¥ March, 1955. ]

University College Hospital of
the West Indies. 7





Applications are invited for two
posts of Registrar or Senior Registrar
in the Division of Obstetrics and
Gynecology at the above-named
teaching hospital which is in special
relationship with the University of
London, A higher qualification in
Obstetrics & Gynwcology is desirable
but not essential. The successful
candidates will be required to assume
duties by the end of June and early
in October, 1955, respectively.

The appointments will each be for
one year in the first instance, subject
to renewul. Salary is in the scale
£800x100-£1,000/£1,100x100-£ 1,400
per annum, depending on experience
and qualifications. Single accommo-
dation and board or a limited number
of unfurnished flats for unmarried or
married Officers, are provided at a
deduction of £125 per annuin or 5%
of salary, respectively. Return first
class passage by sea will be paid for
one person only in each case.

Further information may be ob-
-tained: from the Hospital Manager
and Secretary, University College
Hospital, Mona, St. Andrew, Jamaica,
B.W.L, to whom applicatious stating
age, nationality and details of quali-
fications and experience, together
with three recent testimonials or the
names and addresses of three referees,
should be sent by the 16th of April,
1955.

Ref. No. 13/00286.

University College Hospital of
the West Indies.

CHIEF PHARMACIS'T



Applications are invited for the
post of Chief Pharmacist at the
above-named teaching hospital which
ig in special relationship with the
University of London. Applicants
should possess:the Ph. C. qualification

THE LEEWARD ISLANDS GAZETTE.

and should be

or its equivalent, L
sterilization and

experienced in
hospital routine.

The successful applicant
required to train students to the
standard of the Chemists & Druggists
qualifying examination, and to give
ingtruction in Pharmacy to Medical
students studying for the M.B., B.S.
degree of the University of London.

The salary payable will be in the

acale £950-25-£1.050 per annum,
depending on qualifications and
experience. A deduction of 5% of

salary will be made for superannua-
tion purposes. Return first class
passage by sea will be paid for one
person only.

Further information may be ob-
tained from the Hospital Manager
and Secretary, University College
Hospital, Mona, St. Andrew, Jamaica,
B. W.1., to whom applications stating
age, nationality and details of qualifi-
cations and experience, together with
three recent testimonials or the names
and addresses of three referees, should
be sent by the 30th of June, 1955.

Ref. No, 13/00286,

Surveyor-Draughtsman,
Waterworks Department,
Barbados.

Applications are invited for the
above post.

The post is pensionable with salary
in the seale $1,920. $1,920-120-2,880-
144-3,456 per annum, plus C.0.D.A,

at the rate of $156 per annum. Leave ‘

passages are payable at a salary of
$2,280 per annum and over,

Applicants must be conversant with
Theodolite and Dumpy Level Survey-

-ing and -Planetable work, and must

also be able to produce neat tracings,
and know the elements of draughts-
moanship. ,

will be -

153
Applications stating age, qualifica--
tions and experience, should be

addressed to the Chief Secretary,
Public Buildings, Barbados, to reach
him not later than 26th of March, 1955,

Ref. No. 18/00286.

TRAFFIC NOTICE.



The Vehicles and Road Traffic
Ordinance, 1946.

By virtue of the powers conferred
on mein Section 2 of the Vehicles
and .Road Traffic Ordinance 1946
(No. 5 of 1946), I hereby fix the
period hereunder for the lighting of
vehicles.

Until further notice, the lighting
of vehicles shall be from 6.30 p.m. to
5.45 a.m.

Dated this 24th day of February,
1955.

E. M. V. James, Lt. Col.
Trafic Commissioner. -

36/0004

RAINFALL FIGURES.

Central Experiment Station,



Antigua.
1951, 1952. 1963. 1954, 1985,
Jan. 3.60 3.10 2.55 3.44 2.16
Feb, 1,88 160 1.02 2,45 68

Mar. 12th = .95 10 17 28 68









54% ‘THE LEEWARD ISLANDS GAZETTE. [17 March, 193%
ANTIGUA.

Control of Imports and Exports

Notice No. 1 of 1955
TENDER FOR FLOUR

Tenders are invited for the supply of 15,000 half bays of 100 lb each “KE” grade flour from
‘Local Commission Agents of Canadian Flour Mills. Quotations should be C.1.F. Antigua and should
include agents commission. Tenders should indicate whethex they would be prepared to accept any pro-
portion of the 15,000 bags say 5,000 bags and if so at what price.

2. .The “ E” grade flour must be milled solely ftom Canadian Hard Spring Wheat not lower:
in grade than No. 3 northern and must be of the following minimum standard :—

Maximum moisture aaa 14.00%
~ Maximum ash ose 52%
Minimum protein or 12.00%
All flour to be enriched in accordance with the following :—
Minimum. — Maaximum. {
Thiamine 2.0 4 2.5 milligrams for each lb. flour
Riboflavine 1.2 1.5 3 : .
Niacine ~ 16.0 20.0 - - a
Iron 13.0 16.5 : - 3
With Calcium Car-
bonute 500 600 - a 5

The name of the miller, analysis of the flour, the enrichment standard and brand name should
be stated in the tender. Chemist’s certificate showing analysis of the flour, enrichment standard and
duly notarised must accompany documents. The Supply Officer however, exercises the right to arrange:
for samples to be drawn and analysed on his behalf.

Shipping documents must include date of shipment of all flour and must indicate that it is en-
riched and “ Vitamin Enriched Flour” must be stencilled on each bag.

3. Flour to be loaded at Montreal, Halifax or St. John and shipped to arrive in Antigua
during May, June and July, 1955 at a monthly rate of 5,000 half-bags of 100 lbs. each.

4. Tenders should be in sealed envelopes marked “ Tenders for flour” and should be addressed.
to His Honour the Administrator and should reach the Administrator’s Office not later than 4 p.m. on
“31st March, 1955.

5. Government does not bind itself to accept the lowest or any tender.

Administrator's Office, oa
Antigua.
26th February, 1956.

Ref. No, A. 40/18,

ANTIQUA,
Printed at the Government Printing Office, Leeward Islands, by E, f, BLackman,
Government Printer —By Authority,
1955.

[Price,37 cents]



No. 19 of 1954. Crown Proceedings.
°

[Lape
I Assent,
K. W. BLacKBURNE,
Governor.

24th February, 19565.

*

[By Proclamation |
ANTIGUA.
No. 19 of 1954,

An Ordinance to amend the law relating to the
evil Habilities and rights of the an) and to
eivil proceedings by and against the Crown,
to amend the law rel: ating to the civil Habilities
of persons other than the Crown in certain
eases Involving the affairs or property of the
Crown, and tor purposes connected with the
matters aforesaid,

ENACTED by the Legislature of Antigua
as follows:-—

1. This Ordinance may be cited as the Crown
Proceedings Ordinance, 1154.

&. (1) Anv reference in this Ordinance to
the provisions of this Ordinanee shall, unless the
context otherwise requires, include a reference to
rules of court ard Magistrates’ Courts rules made
for the parposes of this Ordinance.

(2) In this Ordinance-—

“agent” when used in relation to the Crown,
includes an independent. contractor em-
ploved by the Crown;.

“Her Majesty’s aircraft’? does not include
aircraft belonging to Her Majesty other-
wise than in right of Her Government in
the United Kinedom:

‘Her Majesty’s ships’’ means ships of which
the beneficial interest is vested in Her
Majesty or which are registered as
Government ships for the purposes of the
Merchant Shipping Acts, 1894 to 1940,
or which are for the time being demised

ANTIGUA,

Short title.

Interpreta-
tion,



Lo

ANTIGUA. Crown Proceedings. No. 19 of 1954,

or subdemised to or in the exclusive
possession of the Crown, except that the
said expression docs not inelude any ship
in which Her Majesty is interested other-
wise than in right of Her Government in
the United Kingdom unless that ship is
for the time being demised or subdemised
to Her Majesty in right of Her said
Government or in the exclusive possession

of Her Majesty in that right;

“Mugistrates’ Courts rules” includes rules
made by the Governor in Conneil under
section 259 of the Magistrate’s Code of

Oap. 61. Procedure Act and pursuant to section

29 of this Ordinance;

“civil proceedings” include proceedings in the
Supreme Court or the Court of Summary
Jurisdiction for the recovery of fines anid
penalties;

“officer” in relation to the Crown, includes
any servant of Her Majesty in right of
Her Government of the Colony or of the
Presidency ;

“order”? includes a judgment. decree, rule,
award or declaration;

“prescribed” means prescribed by rules made
under section 29 of this Ordinance:

“ proceedings against the Crown” includes a
claim by way of set-off or counterclaim
raised in proceedings by the Crown:

“statutory duty” means any duty imposed
by or under any Federal Act or any
Presidential Act or Ordinance or other
law extending to (or having effect in)
the Presidency.

(3) Any reference in Parts III and IV of
this Ordinance to civil proceedings by or against
the Crown, or to civil proceedings to which the
Crown is a party, shall be construed as including a
reference to civil proceedings to which the Crown
Attorney or any officer of the Crown as such is a

party:





No. 19 of 1954. Croien Proceedings. 3

Provided that the Crown shall not for the
purposes of Parts [fl and LV of this Ordinance be
deemed to be a party to any proceedings by reason
only that they are brought ‘by the Crown Attorney
upon the relation of seme other person,

(4) Any reference in this Ordinance to the
armed forces of the Crown shall be construed as
including a reference to the following forces:—

(a) the Women’s Roval Naval Service;

(6) the Queen Alexandra’s Royal Naval
Nursing Service; and

(c) any other organisation established
under the control of the Admiralty, the Army
Couneil or the Air Council.

(5) References in this Ordmance to any
enretment shall be construed as references to that
enactinent as amended by or under any other
enactment including this Ordinance,

PART T.

SUBSTANTIVE Law.

3. (1) Where after the commencement of
this Ordinasce any person has a claim against the
Crown as defined in subsection (2) of this section,
then, subject to the provisions of this Ordinance,
the claim may be enforced as of right, and w ithout
the consent of the ee by proce edings tuken
against the Crown for that purpose in accordance
with the provisions of this Ordinance.

(2) The reference to a claim against the Crown
in subsection (1) of this section shall be construed
as meaning a claim against the Government of the
Presideney which, if this Ordinance had not been
passed, might have heen enforced, subject to the
consent of the Governor, in a suit instituted by the
claimant as plaintif! against the Attorney General
as defendant in accordance with the provisions of
the Crown Suits Act or might have been enforced
by a proceeding provided by any other statutory
provision.

ANTIGUA.

Right to sue
the Crown.

Cap. 6,



ANTIGUA,

Liability of
the Crown in
tort.

4 Crown Proceedings. No, 19 of 1944.

(3) Any claim against the Crown made
pursuant to any statutory provision chac ted after
the commencement of this Crdinance shall, unless
otherwise directed }y any law, he likewise enforced
as of right, and without the fiat of the Governor,
by proceedings taken neainst (ie Crown in accord-
ance with the provisions of this Ordinance.

4. (1) Sabject to the provisions of this
Ordinance, the Crown shall be subject to all those
liabilities in tert to which, if it were ao private
person of full age and capaciry, it would be
subject—

(a) in respect of torts committed by its
servante or agents;

(4) in veapect of any breach of those
duties which » person owes to his servants or
agents at common law by reason of being their
employer; and

(¢) in respeet of any breach of the duties
attaching at common law to the ownership,
occupation, possession or control of property:

Provided that no proceedings shall lie against
the Crown by virtue of paragraph (a) of this
subsection in respect of any act or omission of a
servant or agent of the Crown unless the act or
omission would apart frow the provisions of this
Ordinance have given rise to a cause of action in
tort against that servant or agent of his estate,

(2) Where the Crown is bound bya statutory
duty which is binding also upon persons other than
the Crown and its officers, then, subject to the
provisions of this Ordinance, the Crown shall, in
respect of a failure to comply with that duty, be
subject to all those liabilities in tort Gf any) to
which it would be so subject Wf it were a private
person of full age and capacity.

(3) Where any functions are conferred or
imposed upon an officer of the Crown as such
either by any rule of the common law or by anv
law, and that officer commits « tort while perform-
ing or purporting to perform those fanctions, the
liabilities of the Crown in respect of the tort sball



vu. 19 of 1954. Croun Proceedings. 5

be such as they would have been if those functions
had been conferred or imposed solely by virtue of
instructions lawfully given by the Crown.

(4) Any enactment which negatives or limits
the amount of the liabilicy of the Crown or an
officer of the Crown in respect of any tort committed
by such officer shall, in case of proceedings against
the Crown under this section in respect of a tort
committed by such officer, apply in relation to the
Crown ax it would have applied in relation to such
officer if the proceedinys against the Crown had
been proceedings agaiust the said officer.

(5) No proceedings shall lie against the Crown
by virtue of this section im respect of anything
done or omitted to he done by any person while
discharying or purporting to discharge any res-
pousibilities of a judicial nature vested in him, or
any responsibilities which he has in connection with
the execution of judicial process.

(6) No eh shall lie against the Crown
by virtue of! this section in respect of any act,
neglect or default of auy officer of the Crown,
unless that officer has been directly or indirectly
appointed by the Crown and was at the material
time paid in respect of his duties as an officer of
the Crown wholly out of the peneral revenue or
other government funds of the Presidency or by
the yeneral government of the Colony,. or was at
the mea a time holding an office in respect of
whieh the Governor certifies that the holder thereof
would normally be so paid.

5. (1) Where after the commencement of
this Ordinances any servant or agent of the Crown
infringes 2 patent, or infringes a registered trade
mark, or infringes eny copyright and the infringe-
ment is committed with the authority of the
Crown, then, subject fo the provisions of this
Ordinance, civil proceedings in respect of the
infringement shall lie against the Crown.

(2) Nothing in subsection (1) of this seetion
or in anv other provisions of this Ordinance shall
affect the rights iE the Governor under section 29
of the Patents Act.

ANTIQUA.

Provisions us
to induatrial
property.

Uap. 147.



ANTIGUA.

Application

of law as to
indemnity and
contribution.

Liability in
connection
with postal
packets.

6 Crown Proceedings. No. 19 of 1954.
(3) Save as expressly provided by this section,
no proceedings shall lie against the Crown by
virtue of this Ordinance in respect of the infringe-
ment of a patent, in respect of the infringement of
a registered trade mark, or in respect of the
infringement of any snch copyright as is invitioned
in subsection (1) of this section.

6. Where the Crown is subject fo any
liability by virtue of this Part of this Ordinance,
any law relating to indemnity and contribution
shall be enforceable by or against the Crown to
respect of the liability to which it is so subject as if
the Crown were a private person of full age and
cupacity.

7. (1) Subject as hereinafter provided, 10
proceedings in tort shall lie against the Crown for
anything done or omitted to he done in relation to
a postal packet by any person while eniployed as a
servant or agent of the Crown, nor shall any officer
of the Crown be subject, except at the suit of the
Crown, to any civil liability therefor.

(2) Proceedings shall lie against the Crown
under this subsection in respect ab toss of or
damage toa registered inland postal peckct un se
far as the loss or damage is due to eny wrongful
act done or any neglect or default committed bv a
person employed as a servant or agent of the
Crown while performing or purvorting to prior
his functions as such in relation to the receipt,
carriage, delivery or other dealing with the packet:

Provided that: —

(a) no proceedings shall lie ynder ois
subsection in respect of auy postal packet
registered before the commencement of this

Ordinauce ;

(6) the amount recoverable in any pro-
ceedings under this subsection shall not exceed
the market value of the pack: t in question
(excluding the market value of any miessipe
or information which it bears) at the ume
when the cause of action arises;



No. 19 of 1954. Crown Proceedinys. 7

(c) the umount recoverable in such pro-
ceedings shal] not in any event exceed the
Maximum amount which, under the Post
Office rules is available for compensating the
persons agyrieved having regard to the fee
pail in respect of the registration of the
packet; and

(d) the Crown shall not be liable under
this subsection in respect of any packet unless
such conditions as are prescribed by the Post
Office rules in relation to registered inland
postal packets have been complied with in
relation to that packet.

For the purposes of any proceedmys under
this subsection, it shall be presumed, until the
contrary is shown ou behalf of the Crown, that the
loss of or damage to the packet was due to some
wrongful act done, or some neglect or default
committed, by a person employed as a servant or
agent of the Crown while performing or purporting
to perform his functions as such in relation to the
receipt, carriage, delivery or other dealing with the
packet.

(3) No relief shall be «vailable under sub-
section (2) of this section except upon a claim by
the sender or the adaressee of the packet in
question; and the sender or addressee of the packet
shall be entitled to claim any relief available under
the said subsection in respect of the packet whether
or not he is the person damnified by the injury
complained of, and to give a good discharge in
respect of all claims in respect of the packet under
the said subsection:

Provided that where the court is satisfied,
pou an application by any person who is not the
sender or addressee of the packet, that the sender
and the addressee are unable or unwilling to
enforce their remedies in respect of the packet
under the said subsection, the court may, upon
such terms as to security for costs and otherwise
ax the court thinks just, allow that other persor to
brig proceedings under the suid subsection in the
name of the sender or the addressee of the packet.

ANTIGUA.



ANTIGUA.

Cap. 123.

Provisions
relating to
the armed
forces,

8 Croun L'roceedings. No. 19 of 1954

.
Any reference in this subsection to the sender
or addressee of the packet includes a reference to
his personal representatives.

(4) Where by virtue of subsection (3) of this
section aDY persol recovers any money vr property
which, apart from that subsection, would have
been recoverable by some other person, the money
or property so recovered shall be held on trast for
that person.

(5) Post Office rules ae be made for pre-
seribing the conditions to be observed for the
purposes of this section in relation to registered
inland postal packets.

(6) In this section—

The expression “ postal packet’? has the

saine meaning as in the Post Office Act.

The expression “ inland postal packet ’
means a postal packet which is posted in the
Presidency, for delivery at any place within
the Presideney to the persen to whom it is
addressed.

The expression “sender” in relation to

a postal packet, has such meaning 4s may be
assiuned to it by Post Office Rule:

(7) Any reference in this section to a portal
packet shall be construed as including « reference
to the contents of sueh a packet.

8. (1) Nothing shone or omitted to be done
by a member of the scnied Ns of the Crown
while on duty as sneh shall subject either him or
the Crown to hability m tert for eausing the death
of another person, or for causing personal injury
to another persou, in se far as ihe death or per-
sonal injary ts due to anything suffered by that
other person while he is a nem Dee of the armed
forces of the Crown if—

(a) at the time when that thing is
suffered by that other persen, he is either on
duty as a member of the armed fores:, of the
Crown or is, though not ou duty ag such, on



No. 19 of 1954. Crown Proceedings. 9

any land, premises, ship, aircraft or vehicle
for the time being used for the purposes of
ihe armed forces of the Crown; and

(6) (i) where that other person is a
member of the armed forces of the Crown in
right of its Government in the United King
dom, the Miuisicr of Pensions certifies that
his suffermg that thing hus been or will he
treated as attributable to service for the pur-
poses of entitlement to an award under the
Royal Warrant, Order in Council or Order of
Her Majesty relating to the disailement or
death of members of the toree of which he is
a member;

(ii) where that other person is a member
of the armed forces of the Crown in right’ of
its Government in the Colony or in the Presi-
deney. the Governer in Council certifies that
his suffering that thing has been or will he
treated as attributable to service for the pur-
poses of entitlement to a gratuity or peusion
tiider any ennctment relating to the disable-
ment or death of members of the force of
which he is a member:

Provided that this subsection shall not exempt
a member of tne said forces from lability m tort
in any case in which the court is satisfied that the
uct or omission Was not connected with the execn-
tion of hi. duties ase iuember of those forces.

(2) No proceedings in tort shall fie against
the Crews for dears or personal injury due to
anything suffered by a member of the armed forces
of the Crown if—

(a) that thing es automel by hun in con-
sequence of the mature er condition of any
such faud. peeniises, ship, civeraié or veluicls
ax aforesaid, or im cousequence of the nature
or eondiiion of any equipment or aupphes
used for the purposes of those forces; and

(6) G) in the case of a member of the
armed forces of the Crown ty geht of its
Covernmient la the Unite: Kingdom, the

ANTIGUA.



ANTIGUA.

10 Crown Lroccedtiys. No. if of 1954.

Minister of Pensions certifies as mentioned in
the preceding subsection;

(ii) in the case of a member of the
armed forces of the Crown in right of its
Government in the Colony or in the Preni-
dency, the Governor in Council certifies as
mentioned in the preceding subsection,

nor shall any act or omission of an officer of the
Crown subject him to liahility in tort for death or
personal injury, in so far as the death or personal
injury is duc to anything suffered by a member of
the urmed forces of the Crown being a thing as to
which the conditions aforesaid are satisfied.

(3) The Governor, if satisfied that it is the
fact—~

(a) that « person was or was not on any
particular occasion on duty as a member of
the armed forces of the Crown in right of its
Government in the Colony or in the Presi-
dency; or

(6) that at any particular time any land,
premises, ship, aircraft, vehicle, equipment or
supplies was or was nut, ur were or were not,
used for the purposes of the said forces,

may issue a certificate certifying that to be the
fact; and any such certificate shall, for the pur-
poses of this section, be conclusive as to the fact
which it certifies.

(4) A certificate of the Admiralty or « Secre-
tary of State—

(a@) that » person was or was not on any
particular occasion on duty as a member of
the armed forces of the Crown in right of its
Government in the United Kingdom; or

(6) that st any particular time any land,
premises, ship, airerafi, vehicle, equipment or
supplies Was or wax not, or were or were not,
used for the purposes of the said forces,

shall, for the purposes of this section, be conclu-
sive as to the fact which it certifies.



No. 19 of 1954. Crown Proceedings. 11

(5) For the purposes of this section—

(a) “Governor in Council” means as
respects u member of an armed force estab-
lished by virtue of un Act of the Colony the
dzovernor with the advice of the Executive
Council of the Colony and in any other case
the Governor in Council of the Presidency
wherein such member is serving; and

(6) “member of the armed forces of the
Crown ” unless the context otherwise requires
incaus a member of the armed forces of the
Crown in the right of its Government in the

Colony or im the Presidency (including a
bers of the Police Force) or in right of j
Government in the United Kingdom.

(6) Nothing in this section shall be deemed
hy implication or otherwise to confer any right of
action against the Crown in right of its Govern-
ment in the United Kingdom,

9. (1) Nothing in Part I of this Ordinance
shall extinguish or abridge any powers or authori-
ties whieh, if this Ordinance had not been passed,
woull have been exercisable by virtue of the
prerogative of the Crown, or any powers or authori-
ties conferred on the Crown by any law and,
in particular, nothing ip the said Part. I shall
extinguish or abridge any powers or authoritics
exercisable by the Crown, whether in time of peace
or of war, for the purpose of the defence of the
Colony or of training, or inaintaining the efficiency
of, any of the armed forces of the Crown.

(2) Where in any proceedings under this
Ordinance it is materis! to determine whether any-
thing was properly done or omitted to he dene im
the exercise of the prerogative of the Crown, the
Governor mat, if satisfied that the act or omission
was necessnty for any such purpose as is mentioned
in the last preceeding subsection, issue a certifieate
io the efect that the act or onission was uecessury
for that purpose; and the certificate shell, in those
proceedings. be conclusive as to the matter so
certified.

ANTIQUA.

Saving in
respoot of acts
done wader
prerogative
and statutory
powers,



ANTIGCTA.

Civil proceed-
ings in the
Suprome
Court.

57 & 58 Viot.
c. 88.

Oivil proceed-
ings in the
court of Sum-
mury Jurisdic-
tion and
Mayistrate's
Court,

Interpicader.

No. 19 of 1954,

‘

19 Croun Lroceedings.
PART Ii.

JURISDICTION AND PROCEDURE.

10. (1) Subject to the provisions of this
Ordinance, all civil proceedings by or against the
Crown in the Supreme Court shall be instituted
and proceeded with in accordance with rules of
vourt and not otherwise.

(2) In relation to any claim against the
Crown in the Supreme Court as a Colonial Court
of Admiralty which falls within the jurisdiction of
that Court as a prize court, the expression “ rules
of court” iv this section means rules of court
made under section 3 of the Prize Court Act, 1804.

11. (1) Subject te the provisions of this
Ordinance, and to secuious 8 and 4 of the Summary
Jurisdiction Act which linit the jurisdiction of the
Court of Summary Jurisdietion im relation to the
subject matter of the proceedings to be brought
and the amount sought to be recovered in the
peaceedings and to any law limitivg the jurisdiction
of a Magistrae’s Court (whether vy reference to
the subject matter of the proceedings to be brought
ot the amount sought to be recovered in the pro-
ceedings or otherwise) any civil proceedings by or
against the Crown may be instituted in a Court of
Summary Jurisdiction or in a Magistrate’s Court.

(2) Any proceeding» by or against the Crown
in a Court of Summary Jurisdiction shall be
instituted and proceeded with in accordance with
rules of court of the Court of Summary -lurisdic-
tion and not otherwise.

(8) Auy proceedings by or against the Crown
ina Magisirace’s Court shail be instituted and pro-
cesded with in accordance with Mayistrates’ Conri
tules and not otherwise.

12. The Crown may obtain relief by way
of interpleader proceedings, and may be made ou
party to such proce: dings, in the same inanuer in
which a subject may obtain relief by way of such
proceediazs notwithstanding that the application
for relief is made by a Provost Marshal or Bailiff,



No. 19 of 1954. Crown Proccetings. 18

and all rules of court and Magistrates’ Court rules
relating to interpleader proceedings shall, subject
to such rnoditications »s mav be preseribed have
effect accordingly.

13. (1) Civil proceedings by the Crown
may be instituted by the Crown Attorucy:

Provided that where in any Act ov Ordinance
passed before the coming inio operation of this
Ordinance it is therein provided that any debi due
to the Crown shall he sued for and recuvered by a
particular officer of the Crown, civil proceedings by
the Crown for the recovery GF eh: debt may be
instituted by that officer.

(2) Civil proceedings against the (rown shall
be instituted against the Crown Attorney.

(3) No proceedings instituted in accordance
with this Part of this Ordivance by an officer of
the Crown or in the name of or against the Crown
Attorney shall abate or be affected by any change
in the person holding that office or holding the
office of Crown Attorney.

14. All documents required to be served on
the Crown for the purpose of or in connection with
any civil proceedings by or against the Crown shall,
where the proceedings ‘by the Crown are brought
in the name of an officer of the Crown other than
the Crown Attorney, be served on that officer or
on the Crown Attorney.

15. (1) If in a case where proceedings are
instituted against the Crown in a paces
Court an application in that behalf is made by the
Crown to the Supreme Court, and there is pro-
duced to the Court a certificate of the Crown
Attorney to the effect that the proceedings may
involve an important question of law, or may be
decisive of other cases arising out of the same
matter, or are for other reasons more fit to be tried
in the Supreme Court, the proceedings shall be
removed into the Supreme Court.

(2) Where any proceedings have been removed
into the Supreme Court on the production of such
a certificate as aforesaid, aud it appearr to the

ANTIGUA.

Parties to
proceedings.

Service of
documents.

Removal aad
transfer cf
procvedit gs.



ANTIGUA.

Nature of
Relief.

Costs in civil
proceedings to
which the
Crown is a
party.

14 Crown Proceedings. No. 19 of 1954,
court by whom the proceedings are tried thar the
removal has oceasioned additional expense to the
person by whom the proceedings are brought, the
court may take account of the additional expense so
oceasioned in exercising its powers in regard to the
award of costs:

Previded that an order for the transfer to a
Magistrate’s Court of any proceedings againet. the
Crown in the Supreme Court shall not be made
without the consent of the Crown.

16. many civil proceedings by or against
the Crown the court shall, subject as hereinafter
provided, have power to make all such orders as_ it
has power to make in proceedings between subjects,
and otherwise to give such appropriate relief as the
case may require:

Provided that—

(a) where in any procecdings against the
Crown any such relief is sought as might in
proceedings between subjects be granted by
way of injunction or specific performance, the
court shall not grant an injunction or make an
order for specific performance, but may in
lieu thereof make an order declaratory of the
rights of the parties; and

(6) in any proceedings against the Crown
for the recovery of land or other property the
court shall not make an order for the recovery
of the land or the delivery of the property, but
may in leu thereof make an order declaring
that the plaintiff is entitled as agamst the
Crown to the land or property or to the
possession thereof.

(2) The court shall not in any civil proceed-
ings grant any injunction or make any order against
an officer of the Crown if the effect of granting the
injunction or making the order would be to give
any relief against the Crown which could not have
been obtained in proceedings against the Crown.

17. In any civil proceedings by or against the
Crown, the costs of and incidental to the proceed-
ings shall be awarded in the same manner and on
the same principles as in cases between subjects, and



No. 19 of 1954. Crown Proceedings. 15

the court shall have power to make an order for
the payment of costs by or to the Crown accord-

ingly.

18. Allenactments, rules of court and Magis-
trates’ Courts roles relating to appeals sud stay of
execution shall, with such modifications ns may be
prescribed, apply to civil proceedings by or against
the Crown as they apply to proceedings between
subjects.

19. (1) Subject to the provisions of this sec-
tion, any reference in this Part of this Ordinance
to civil proceedings by the Crown shall be con-
strued as n reference to the following proceedings
only :—

(2) proceedings for the enforcement or
vindication of any right or the obtaining of
any relief which, if this Ordinance had not
heen passed, might have been enforced or
vindieated or obtained—

(i) by proceedings for the recovery
of chattels or money by way of
damages or otherwise, or any
hereditament or an account and
payment from any defaulting
officer or other person or cor-
poration or by the writs of
capias ad respondendum, writs
of subpwna ad respondendum,
writs of appraisement, writs of
scire facias, and by proceedings
for the determination of any
issue upon a writ of extent or
of diem clausit extremum,

(ii) by an action at the suit of the
Crown Attorney or a particular
officer of the Crown;

(6) all such proceedings as the Crown is
entitled to bring by virtne of this or any other
Ordinance, or any law,

and the expression “civil proceedings by or against
the Crown” shall be construed accordingly.

ANTIGUA,

Appeals and
atay of
execution,

Scope of
Part II.



Anticua. 16 Cron Proceedings. No. 19 of 19F4,

*

(2) Subject to the provisions of this scetlon)
any reference in this Part of this Ordinance to civil
proceedinys against the Crown shall be construed
as a reference to the following proceedings only:—

(a) proceedings for the enforcement or
vindication of any right or the o htuining of
any relief which, if this Ordinance had not
heen passed, might have been enforced or
vindicated or obtained by an action against
the Attorney Geuveral; and

(6) all such proceedings ax auy person is
entitled to bring against the Crown by virtue
of this or any ” other Urdinanes, or any law,

and the ex xpression eri seaiien by or against

the Crown” shall be construed accordingly

(3) Notwithstanding anything in the preced-
ing provisions of this section, the provisions of this
Part of this Ordinance shall not have effect with
respect to any proceedings brought hy the Crown
Attorney on the relation of some other person or to
proceedings in connection with any charitable trusts.

PART TIL.
JUDGMENTS AND EXrcurion.

Interest. on 20. (1) Section 7 of the Judgments Act
oe Qwhich provides that a judement che shall carry

, interest) ahall apply to judgment debts due from or
Cap. 10. to the Crown,

(2) Where any costs are awarded to or against
the Crown iuterest shall be payable upon these. cons
unless the court otherwise orders, wid any interest
so payable shall be at the same a as that at which
interest is payable upon judgment debts dne from
or to the Crown.

(8) This section shall apply poth in relation
to proceedings pending at the commencement of
this Ordinance and in. relation to proceedings
instituted thereafter.

Satisfaction 21. (1) Where in any civil proceedings by or
TUETA

apna i against the Crown, or in connection with any
Crown, arbitration to which the Crown is a party, any

order (including an order for costs) is made by any



No, 19 of 1954. Crown Proceedings, WV

court in favour of any person against the Crown,
the proper officer of the court shall, on applica-
tion in that behalf made by or on behalf of
that person at any time after the expiration of
twenty-one days from the date of the order or, in
case the order provides for the payment of costs
and the costs reqnire to be taxed, at any time after
the costs have been taxed, whichever ia the later,
issue to that person a certificate in the prescribed
form containing particulars of the order:

Provided that, if the court so directs, a separate
certificate shall be issned with respect to the costs
(if any) ordered to be paid to the applicant.

(2) A copy of any certificate issued under this
section may be ser ved | wy the person in: whose
favour the order is made upon the particular officer
of the Crown concerned, or the Crown Attorney, as
the case may be.

(3) If the order provides for the payment of
any money by way of damage or otherwise, or of
any costs, the certificate shall state the amount so
payable, and it shall be lawful for the Governor by
warrant under his hand to direct the amount appear-
ing by the certificate to be due, to be paid to the
person entitled thereto or to his solicitor, together
with the interest, if any, lawfully due thereon:

Provided that the court by which any such
order as aforesaid is made or any court to which an
appeal against the order lies may direct that, pend-
ing an appeal or otherwise, payment of the whole
of any amount s0 payuble, or any part thereof, shall
be suspended, and if the certificate has not been
issued may order any such directions to be inserted
therein.

(4) Save as aforesaid and subject to rules of
court no execution or attachment or process in the
nature thereof shall be issued out of any eourt for
enforeing payment by the Crown of any such
amount or costs as aforesaid, and the Crown
Attorney or other officer of the Crown as the party
in whose name civil proceedings by or against the
Crown have been instituted shall not be personally
liable under any order for the payment py the

ANTIGUA,



Anriaua. 18 Crown Proceedings, No. 19 of 1934,

Crown, or the Crown Attorney, or other officer of
the Crown as such, of any such money or costs.

(5) This section shall apply both in relation
to proceedings pending at the commencement of
this Ordinance and in relation to proceedings
instituted thereafter.

Execution by 22. (1) Subject to the provisions of this

the Crown, Ordinance, any order made in favour of the Crown
against any person in any civil proceedings to which
the Crown is a party may be enforced in the same
manner as an order made in an action between
subjects, and not otherwise.

Cap. 7. (2) Sections 4 and 5 and the Debtors Act
(which provide respectively for the abolition of
imprisonment for debt, and for saving the power
of committal in case of judgment debts) shall apply
to sums of money payable and debts due to the
Crown:

Provided that for the purpose of the application
of the said section 4 to any sum of money payable or
debt due to the Crown, the section shall have effect
as if there were included among the exceptions
therein mentioned default in payment of any sum
payable in respect of stamp duty under section 74

Osp. 135. of the Stamp Act.

(3) Nothing in this section shall affect any
procedure which immediately before the commence-
ment of this Ordinance was available for enforcing
an order made in favour of the Crown in proceed-
ings brought by the Crown for the recovery of any
tine or penalty, or the forfeiture or condemnation
of any goods, or the forfeiture of any ship or any
share in a ship.

Attachment of 23. (1) Where any money is payable by the
Rela be ie. Crown to some person who, under any order of any
Crown. court, is liable to pay any money to any other
perscn, and that other person would, if the money
so payable by the Crown were money payable by a
subject, be entitled under rules of court to obtain
an order for the attachment thereof as a debt
due or accruing due, or an order for the appoint-
meant cf a sequestrator or receiver to receive the



No. 19 of 1954. Crown Proceedings. 19

money on his behalf, the Supreme Court may,
subject to the provisions of this Ordinance and in
accordance with rules of court, make an order
restraining the first-mentioned person from receiv-
ing that money and directing payment thereof to
that other person, or to the sequestrator or receiver:

Provided that no sueh order aia be made in |

respect of:—

(a) any wages or salary payable to any
officer of the Crown as such;

(4) any money which is subject to the
provisions of any enactment prohibiting or
restricting assignment or charging or taking in
execution; or

(c) any money payable by the Crown to
any person on account of a deposit in the
Government Savings Bank.

(2) The provisions of the preceding subsection
shall, so far as they relate to forms of relief falling
within the jurisdiction of 1 Magistrate’s Court have
effect in relution to Magistrates’ Courts as they
have effect in relation to the Supreme Court but
with the substitution of a reference to Magistrates’
Courts rules for any reference in the suid sub-
section to rules of court.

PART IV.

MISCELLANEOUS AND SUPPLEMENTAL,

24. (1) Subject to and in accordance with
rules of court:—

(a) in any civil proceedings in the
Supreme Court or the Court of Summary
Jurisdiction to which the Crown is « party,
the Crown may be required by the court to
make discovery of documents and produce
documents for inspection; and

(6) in any such proceedings as afore-
said, the Crown may be required by the
court to answer interrogatories:

ANTIGUA.

Discovery.



ANTIGUA.

Execution of
proceedings in
rem ayrainst
the Crown,

20) Crown Proceedings. No. 19 of 1954.
é

Provided that this section shall be without
prejwiice to any rule of law which authorises or
requires the withholding of any document. or the
refusal to answer any question on the ground
that the disclosure of the document or the |
answering of the question would be injurious to
the public interest.

Any order of the court made under the
powers ‘couferred by paragraph ()) of this sub-
section shall direct by what officer of the Crown
the interrogatories are to be answered.

(2) Withont prejudice to the proviso to the
preceding subsection, any rules made for the
purposes of this section shall be such as to secure
that the existence of a document will not be
disclosed if, in the opinion of the Governor, it
would be injurious to the public interest to dis-
close the existence thereof.

25. (1) Nothing in this Ordinance shall
authorise proceedings iz rem in respect of any
claim against the Crown, or the arrest,
detention or sale of any of Her Majesiy’s ships
or aircraft, or of aiy cargo or other property
helonging to the Crown, or give to any person
anv lien on any such ship, aircraft, cargo or
other property

(2) Where proveedings in rem have been
instituted in the Supreme Court, the Court of
Summary Jurisdiction or ina Mag istrate’s Court
against any such ship, aireraft, cargo or other
property, the court may, if satistied, either on an
application hy the plaintiff! for an order under
this subsection or an application by the Crown
to set aside the proceedings, that the ‘proceedings
were so instituted by the plaintiff in the
reasonable belief that. the ship, aircraft, cargo or
other property did not belong to the Crown, order
that the proceedings shall be treated as if they
were in personam, duly instituted against the
Crown in accordance with the provisions of this
Ordinance, or duly instituted against any other
person whom the court regards as the proper
person to be sued in the circumstances, and that
the proceedings shall eantinue accordingly



No, 19 of 1954. Crown Proceedings. ot

(3) Any suck order may be made upon such
terms, if any, as the court thinks just: and where
the court imakes anv such order it may make
such consequential orders as the court thinks
expedient.

26. Nothing in this Ordinance shall pre-
judice the right of the Crown to rely upon the
iaw relating ‘to the limitation of time for bring-
ing proceedings against public authorities.

27. (1) This Ordinance shall not prejudice
the right of the Crown to take advantage of the
provisions of any Federal Act or any Presidential
Act or Ordinance although not named therein,
and it is hereby declared that in any civil pro-
ceedings against the Crown the provisions of any
Federal Act or Presidential Act or Ordinance
which could, if the proceedings were between
subjects, be relied upon by the defendant as a
defence to the proceedings, whether in whole or
in part, or otherwise, may, subject to any express
provision to the contrary, be so relied upon by
the Crown,

(2) Section 6 of the Debtors Act (which
empowers the vourt in certain circumstances to
order the arrest of a defendant about to quit the
Colony) shall, with any necessary modifications,

apply to civil proceedings brought by the Crown.

28. No claim by or against the Crown, and
ho proceedings for tbe Uitoreeiient of any such
claim, shall abate or be affected by the demise of
the Crown.

29. (1) Any power te make rules of court
or Magistrates Courts’ rules shall include power to
make rules for the purpose of giving effect to the
provisions of this Ordinance, and any such rules
may contain provisions to have effect in relation
to any proceedings hy or against the Crown in
substitution for or by way of addition to any of
the provisions of the rules applying to proceedings
between subjects.

ANTIGUA.

Limitation of
actions,

Application to
the Crown of
eertain statu-
tery provi-
sious,

Cup. 7.

No abatement
on demise of
Crown.

Rules of court,



Antigua. 22 Crown Proceedings. No. 19 of 1954.

(2) Provisions shall Le made by rules of court
and Magistrates Courts rules with respect to the
following matters:—

(a) for providing for service of process,
or notice thereof, in the case of proceedings
by the Crown against persons, whether British.
subjects or not, who are not resident in the
Colony,

(6) for securing that where any civil
proceedings are brought against the Crown
m accordance with the provisions of this
Ordinance the pliintiff shall, before the Crown
is required to take any step in the proceedings,
provide the Crown with such information as
the Crown may reasonably require as to the
circumstances 1» which it is alleged that the
liability of the Crown has arisen and as to
the departments and officers of the Crown
concerned;

(c) for providing that in the case of
proceedings against the Crown the plaintiff
shall not enter judgment against the Crown
in default of appearance “sr pleading without
the leave of tee court to be obtained on an
application of which noice has been given io
the Crown;

(d) for excepting proceedings brought
against the Crown from the operation of any
rule of court providing for summury judgment
without trial;

(e) for authorising the Crown to deliver
interrogatories without leave of a court in
any proceedings for the enforcement of which
proceedings by way of Huglish information
might have been taken if this Ordinance had
not heen passed, so, however, that the Crown
shall not be entitle( vo deliver any third or
subsequent interrogatories without the leave
of the court;

(7) for enabling evidence to be taken
on commission in proceedings by or agailst
the Crown;



No. 19 of 1954. Crown Proceedings. a
" (9) for providing:—

(i) that a person shall not be entitled
to avatl himself of any set-off or
counterclaim in any proceedings by
the Crown four the recovery of taxes,
duties or penalties, or to avail him-
self in proceedings of any other
nature by the Crown of any set-off
or counterclaim arising out of a
right or claim to repayment in
respect of any taxes, duties or
penalties ;

(ii) that a person shall not be entitled
without the leave of the court to avail
himself of any set-off or counter-
claim in any proceedings by the
Crown if either the subject matter
of the set-off or counterclaim does
not relate to a Government depart-
ment connected with the proceedings
or the proceedings are brought in
the name of the Crown Attorney;

(iii) that the Crown when sued, and its
alleged liability has arisen through
the acts of a government department,
shall not without the leave of the
court be entitled to avail itself of
any set-off or counterclaim if the
subject. matter thereof does not
relate to that department;

(iv) that the Crown when sued otherwise
than as is mentioned in paragraph
(iii) shall not avail itself of any
set-off or counterclaim without the
leave of the court.

80. Save as otherwise expressly provided,
the provisions of this Ordinance shall not affect
proceedings instituted under the Crown Suits Act
before the commencement of this Ordinance; and
for the purposes of this section such proceedings
being claims against the Government of the
Presidency and of the same nature as claims which

ANTIGUA,.

Pending
proceedings.

Cap. 6.



ANTIGUA.

23 & 24 Vict.
e, 84.

Finaneial pro-

visions.

Savings.

“94 Crown Proceedings. No. 19 of 1954.

could have been preferred against the Crown in
England under the Petitions of Right Act, 1860,
shall be deemed to have been so instituted if
astatement of claim with respect to the matter in
question is filed with the Registrar of the Supreme
Court for transmission to the Colonial Secretary
before the commencement of this Ordinance.

Sl. (1) Any expenditare incurred by or
on behalf of the Crown in right of Her Majesty’s
Government in the Presidency by reason of the
passing of this Ordinance shall be defrayed ont of
moneys to be provided by the Legislative Council
of the Presidency.

2) Any sums payable to the Crown in right
of Her Majesty’s Government in the Presidency
by reason of the passing of this Ordinance shall
be paid into the Treasury of the Presidency to
the credit of the general revenue.

82. (1) Nothing in this Ordinance shall
apply to proceedings by or against, or authorise
proceedings in tort to be brought against, Her
Majesty in Her private capacity.

(2) Except as therein otherwise expressly
provided, nothing in this Ordinance shall-—

(a) affect the law relating to prize salvage,
or apply to proceedings in causes or matters
within the jurisdiction of the Supreme
Court as a prize court or to any criminal
proceedings; or

(6) authorise proceedings to be taken
against the Crown under or in accordance
with this Ordinance in respect of an alleged
liability of the Crown arising otherwise than
in respect of Her Majesty’s Government in
the Presidency; or affect proccedings against
the Crown in respect of any such alleged
liability as aforesaid; or

ec) affect any proceedings by the Crown
otherwise than in right of Her Majesty’s
(yovernment in the Presidency; or



~ No. 19 of 1954. Cronin Proceedings. 25

(d) subject the Crown to anv greater
liabilities in respeet of the acts or omissions
of any independent contractor employed by
the Crown than those to which the Crown
would be subject in respect of such acts or
omissions If it were a private person; or

(e) affect any rulex of evidence or any
presumption relating to the extent to which
the Crown is bound by any Federal Act er
Presidential Act or Ordinance; or

(7) affeet any right of the Crown to
demand a trial at bar or to control or other.
wise intervene in proceedings affecting its
rights, property or profits,

and without prejudic. to the yeneral effect of the
foregoing provisions, lart ITT of this Ordinance
shall not apply to the Crown except in right of
Her Majesty’s Government in the Pres deucy.

(3) A certificate of the Crovernor:—

(a) to the effect that itv alleged liability
of the Crown arises otherwise than in
respect. of Her Muajesty’s Government in the
Presidency ;

) to the effect that any proceedings
by the Crown are proceedings otherwise thar:
in right of Her Majestv’s Government in the
Presidency,

shall, for the purposes of this Ordinance, be
conclusive as io the matters so certified,

(4) Where anv property vests in the Crown
by virtue of any rule of lay which operates
independently of the wets er the intentions of the
Crown, ae Crown shall nor by virtue of this
Ordinanes he subject to any liabilities in tort by
reason only of the property being so vested: but
the provisions of this subsection shall he without
prejudice to the liabilities of the Crown under
this Ordinance iu respect of any period after the
Crown or any person acting for the Crown has
in fact taken possession or control of any such
property, or entered into occupation thereof,

ANTIGUA.



ANTI.UA,

Conimence-
ment.

26 Crown Proceedings. No. 19 of : OAL,

(5) This Ordinauce shall nol operate to limit
the discretion of the court to grant relief by way
of mandamus in cases in which such relief might
have been granted before the commencement of
this Ordinance, notwithstanding that by reason of
the provisions of this Ordinance some other and
further remedy is available.

33. This Ordinance shall come into opera-
tion on a day to be appointed by the Governor by
proclamation published in the Gaczerte.

Atmc LOVEDACE,
President.

Passed the Legislative Council this 17th day
of December, 1954,

J. L. Rowinson,
Clerk of the Couneil.

ANTIGUA

Printed at the Government Printing Office, Leeward Islands.
by ELM, Buacrstan, Government Printer. —By Authority.

§00—3.55.

155,
Price 28 eanés.



maoaoe OF

te

LEEWARD ISLANDS.

GENERAL GOVERNMENT.

STATUTORY RULES AND ORDERS.
1955, No. 18.
DEFHNCK FINANCE

The Exportation of Foreign Currency (Exemption) Order, 1955,
dated the iOth day of March, 1955, made by the Governor under
regulation 8 of the Defence (Finance) Regalations, 1942 which
have effect by virtue ofthe Supplies and Services (Transitional
Powers) Act, 1945 (Imperial) the Supplies and Services (Transi-
tional Powers) (Colonies etc.) Order in Council, 1946 (Imperial)
the Supplies and Services (Transitional Powers) Order, 1946
(S.R. & O.1946 No. 5), the Supplies and Services (Continuance)
Order, 1954 (Imperial) and all other powers thereunto him
enabling.



1. Snort Trriz. This Order may be cited as the Exportation
of Foreign Currency (Hxemption) Order, 1955.

2. Kxemprtor. (1) Non-resident travellers shall be exempted
from the provisions of paragraph (1) of regulation 8 of the Defence
(Finance) Regulations 1942 in regard to the taking out of any
Presidency of the Colony of foreign currency:

Provided that this exemption shall apply onlv to such foreign
currency as may have heen brought into any Presidency by such
persons or such part thereof as may not have been spent by them
during their stay im the Colony.

(2) For the purposes of this paragraph the expression “ non-
resident traveller” shall include passengers on any ship or aircraft
intransit to some other place beyond the Colony, persons who are not
ordinarily resident or domiciled in the Colony and such other persons
as the Governor may from time to time declare to be non-resident
travellers for the purposes of this Order.

Dated this 10th day of March, 1955.

K. W. Bracksurng,
Governor.



ANTIQUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M, BuackMAN, Government Printer.—By Authority.
1955, .
C. 31/00007—480—3.55. [Price 3 cenis.}



Full Text








“51
“il + ™ ws
Hh LERBWARD ISLAND
i “4 rf ryvyn
} = GAZETTE.
YJ *Budlished by Authority.
fe
ae “ t
. UXXXITT. THURSDAY, 17ra MARCH, 1955 No. 12.
= ae =e
aes FARRELL R. C. B., Senior Clerk, No. 23 of 1954, “The Crown
Notices, Public Works Departinent, Mont- Agents (Change of ‘Title) Ordinance,
serrat, resigned appointment. 1954.” Mar. 7
A oe Jan. 1
It is hereby notified for general MB, 102.
information that His Excellency the farper, Miss B., Junior Clerk, No. 29.

Governor has issued a Commission to
the Hon. P. D. MacbONALD, C.M.G.,
appointing him to be Governor’s
Deputy during His Excellency’s
forthcoming absence from Antigua,
whilst paying a visit to Montserrat
from about the 20th to the 30th
March, 1955.

The Secretariat,
Antigua.
15th March, 1955.

’ Ref. No. 18/00283.

Brazilian Consular Repre-
sentation.

With reference to the notice
appearing in Gazette No. 26 of the
rd June, 1954, it is notified for
general information that Her Majes-
ty’s Mxequatur has been issued to
Senhor ROBERTO CHALU PACHECO
as Vice-Consnl at Port of Spain with
jurisdiction over Trinidad & Tobago,
Bahamas, Jamaica, the Leeward
Islands, the Windward Islands,
British Honduras, Barbados (exclud-
ing Bridgetown) and British Guiana
(excluding Georgetown) and bears the
date 7th February, 1955.

The Secretariai,
Antigua.
10th March, 1955.

Ref. No. 19/00009,

No. 26.

Appointments and transfers ete.,
in the public service, with effect from
the dates stated, are published for
general information :—

ALLEN, Mrs. A., Certificated Teacher,
Class HI, Education Department,
Montserrai, appointed Certificated
Teacher Class I, Education Depart-
ment, Montserrat. March 1

M. E. 18,

Boatswain, J. W. P., Certificated
Teacher Class II, Hducation De-
_ partment, Montserrat, appointed
~ Certificated Teacher Class I, Educa-
tion Department, Montserrat.
Feb. 1
M. &. 28.

BLE. 7277
LAE CL

Treasury Department. Montserrat,
confirmed in appointment.
30 June 1954

M. E, 192.
Mauonn, Miss F, Uncertificated

Teacher, Education Department,

Montserrat, appointed Certificated

Teacher Class II, Education De-

partment, Montserrat. Feb. 1
M. EK. 41.

WILLIAMS, J. A., Uncertificuted
Teacher, HKducation Department,
Montserrat, appointed Certificated
Teacher Class II, Education De-
partment, Montserrat. Feb. 1

M. E, 31,

OONFIRMATION OF ORDINANCES,
No, 27.

The Secretary of State for the
Colonies has informed the Governor
that the power of disallowance will
not be exercised in respect. of the un-
dermentioned Ordinances:—

Antigua.

No. 6 of 1954, “The Development
(Telephone) Loun Ordinance, 1954.”

St. Kitis-Nevis-Anguilla.

No. ll of 1954, ‘The Building
(Amendment) Ordinance, 1954.”

Montserrat,

No. 14 of 1954, “The Central
Library Ordinance, 1954.”

Virgin Islands.

No. & of 1954, “The Protection
of Trees and Conservation of Soil and
Water Ordinance, 1954.”

No. 9 of 1954, ** The Motor Vehicles
Ordinance, 1054.”

No. 28.

The Governor has been pleased this
day to assent to the undermentioned
Ordinances:—

Antigua.

No, 22 of 1954, ‘The Vehicles and -
' Road Traffic (Amendment) Ordinance,

1954.” Feb, 28

The following Ordinance and Stat-
utory Rule and Order are circulated

with this Gazette and form part
thereof :—
ORDINANCE.
Antigua.

No. 19 of 1954, The Crown Pro-
ceedings Ordinance, 1954.”
26 pp. Price 28 cents.

STATUTORY RULE & ORDER.

General Government.

No. 13 of 1955, “The Exportation
of Foreign Currency (Exemption)
Order, 1955.” 1 pp. Price 3 vents.

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

MONTSERRAT CIRCUIT.
Circuit Court Notice.

NOTICE IS HEREBY given that
in pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Leeward
Islands Courts Order in Couneil.
1939, on the 24th day of September,
1941, as amended, the Honourable the
Puisne Judge selected for the sitting
of the Court in the Montserrat Circuit
has appointed the undermentioned
day on which the ensuing Circuit
shall sit in the Presidency, that is to
say :—

On Monday the 28th day of March,
1955 at 11.00 o’clock in the forenoon.

ALLAN LOUISY,
Registrar, Montserrat Circutt,
Registrar's Office,
Montserrat.

Tth March, 1955.
5S THE LEEWARD ISLANDS GAZETTE.

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

VIRGIN ISLANDS CIRCUIT.

HEREBY GIVEN
that in pursuance of Rules made by
the Chief Justice under Section 16 of
the Windward Islands and Leeward
Islands (Courts) Order in Council,
1939, and duly approved as therein
provided on the 16th day of Octo-
ber, A.D. 194], The Honourable
Puisne Judge selected for the sit-
ting of the Court bas appointed the
day of the month on which the en-
suing Circuit Court shall sit as fol-
lows, that is to say:—

NOTICE IS

The Virgin Islands Circuit on
Friday the 1st day of April, 1955,
at 10 o’clock in the forenoon.

Dated the 24th day of February,
1955.
0. M. BRownn,
Chief Registrar.



Aid to Pioneer Industries
Ordinance, 1950.

In pursuance of the requirements
of section 3 (2) (a) of the Aid to
Pioneer Industries Ordinance, 1950,
it ig hereby notified for general
information that the
Council proposes to make the under-
mentioned Order under section 3 (1)
of the said Ordinance.

2. Any person who objects to the
making of such Order shall giva
notice in writing of his objection and
of ihe grounds on which he relies in
support thereof to the Clerk of the
Exeecntive Conncil on or before the
18th day of April, 1955.

J. L. ROBINSON,

Clerk of the Executive Council.

Tuk AID TO PIONEBR INDUSTRIES
(MANUFACTURE OF PAINT) ORDER,
1955, DATED MADE BY
THE GOVERNOR IN COUNCIL UNDER
BECTION 3 (1) OF THE AID TO
PIONEER INDUSTRIES ORDINANCE,
1950 (No. 9 oF 1950).

ORDER IN COUNCIL.

1. Citation. This Order may be
cited as the Aid to Pioneer Industries
(Manufacture of Paint) Order, 1955.

2. Manufacture of Paint de-
clared a Pioneer Industry.
manufacture of paint is hereby de-
elared to be a pioneer industry for
the purposes of the Aid to Pioneer
Industries Ordinance, 1950, and the
following product is hereby declared
to be a pioneer product for the said
purposes:—

_ Paint.

Made by the Governor in Council
this day of , 1955.

Clerk of the Executive Counoil.
Ref. No. A, 42/67.

Governor in.

The

Agricultural Scholarship Tens. ~
able at the Imperial College.,

of Tropical Agriculture.

1. Applications are invited ; dor a
scholarship tenable at the Imperial
College of ‘Tropical Agriculture,
Trinidad, to be awarded by the
Government of the Leeward Islands
in respect of the year 1955,

2. Applications must be submitted
to the Colonial Secretary throngh—

(a2) the Headmaster of the school
at which the applicant is being
or has being taught, or

(6) the Administrator or Com-
missioner of the Presidency con-
cerned,

by the 5th April, 1955.

Application forms should be
obtained from the office of adminis-
tration of the Presidency in which
the applicant resides.

3. The successful candidate will
be required to sign an undertaking to
serve for three years in the Leeward
Islands upon the suecessful comple-
tion of his course of study if offered
suitable employment.

The Secretariat,
Antigua,
Ath March, 1955.

28/00199,

Workmen’s Compensation Act.

The attention of persons in Antigua
employing workmen, as defined by
the Workmen’s Compensation Act,
1937, is directed to the notice dated
5th February, 1954, published in the
Leeward Islands Gazette on the 18th
February, 1954, whereby such per-
sons are required to render, on or
before the 15th day of February in
every year, to the Labour Commis-
sioner, a correct return in respect of
the preceding calendar year speci-
fying:—

(a) The total number of injuries
to workmen during the year in
respect of which compensation has
been paid;

(6) The number of fatal injuries
included under (a);

(c) The total amount paid in full
settlement of claim for compensa-
tion in respect of non-fatal injuries.

(a) The total amount paid to
dependents in respect of fatal in-
juries;

(¢) The number of non-fatal in-
juries which have been classified as
of a permanent nature;

[17 March, 1938.

7Â¥ Ball details respecting any

6 aN compensation being
made on @e¢ount of temporary dis-
ablement under section 4 (i) (d).

Dated the 25th day of February,
1935.
Administrator.
A. 68/7

..* Wath reference to the Declaration
“dated the 26th day of October, 1954

(8. R. & O. 1954, No. 30) regarding the
acquisition for public purposes of
certain lands forming part of Five
Islands Estate as set out in the
Schedule to the said Declaration:

IT IS HEREBY notified for general
information that the said lands which
comprise portions of the several
estates commonly known as Five
Islands Estate have now been demar-
cated by actual survey and a notice
of acquisition in respect of the said
lands has been issued in accordance
with the provisions of section 7 of the
Act. The area and boundaries of the
same are as hereunder:

-ALL THOSE portions of lands
forming part of Five Islands, Gambles
(Five Islands) and Galley Bay com-
monly called Five Islands Estate
situate in the Parish of St. John in
the Island of Antigua containing by
admeasurement 129.309 acres and
bounded as follows:—

On the North by Galley Bay and
Gambles (Five Islands);

On the East by Five Islands;

On the South by Galley Bay and

the Village of Five Islands and
On the West by Galley Bay,

Dated this 2nd day of March, 1954.

HENRY J. ELWIiy,
Authorised Officer.

GENERAL (OPEN) IMPORT
LICENCE.

No. 1 of 1955.

1. General (Open) Import Licence
No. 2 of 1954 dated the lst day of
April, 1954, is hereby amended as
follows:—

By the deletion of the words
“Lumber and wood products ex-
cluding furniture ” from the Sched-
ule thereto.

2. General (Open) Import Licence
No. 1 of 1954 dated the Ist of April,
1954, is hereby amended as follows:—

By the addition to the Schedule
thereto of the following new item

after item (19)—

(20) Lumber and wood pro-
ducts”.

Dated this 3rd day of March, 1955.
By Order of the Governor,
C. Mo A. STEVENS,

Supply Officers
40/832—IIl.
k¥ March, 1955. ]

University College Hospital of
the West Indies. 7





Applications are invited for two
posts of Registrar or Senior Registrar
in the Division of Obstetrics and
Gynecology at the above-named
teaching hospital which is in special
relationship with the University of
London, A higher qualification in
Obstetrics & Gynwcology is desirable
but not essential. The successful
candidates will be required to assume
duties by the end of June and early
in October, 1955, respectively.

The appointments will each be for
one year in the first instance, subject
to renewul. Salary is in the scale
£800x100-£1,000/£1,100x100-£ 1,400
per annum, depending on experience
and qualifications. Single accommo-
dation and board or a limited number
of unfurnished flats for unmarried or
married Officers, are provided at a
deduction of £125 per annuin or 5%
of salary, respectively. Return first
class passage by sea will be paid for
one person only in each case.

Further information may be ob-
-tained: from the Hospital Manager
and Secretary, University College
Hospital, Mona, St. Andrew, Jamaica,
B.W.L, to whom applicatious stating
age, nationality and details of quali-
fications and experience, together
with three recent testimonials or the
names and addresses of three referees,
should be sent by the 16th of April,
1955.

Ref. No. 13/00286.

University College Hospital of
the West Indies.

CHIEF PHARMACIS'T



Applications are invited for the
post of Chief Pharmacist at the
above-named teaching hospital which
ig in special relationship with the
University of London. Applicants
should possess:the Ph. C. qualification

THE LEEWARD ISLANDS GAZETTE.

and should be

or its equivalent, L
sterilization and

experienced in
hospital routine.

The successful applicant
required to train students to the
standard of the Chemists & Druggists
qualifying examination, and to give
ingtruction in Pharmacy to Medical
students studying for the M.B., B.S.
degree of the University of London.

The salary payable will be in the

acale £950-25-£1.050 per annum,
depending on qualifications and
experience. A deduction of 5% of

salary will be made for superannua-
tion purposes. Return first class
passage by sea will be paid for one
person only.

Further information may be ob-
tained from the Hospital Manager
and Secretary, University College
Hospital, Mona, St. Andrew, Jamaica,
B. W.1., to whom applications stating
age, nationality and details of qualifi-
cations and experience, together with
three recent testimonials or the names
and addresses of three referees, should
be sent by the 30th of June, 1955.

Ref. No, 13/00286,

Surveyor-Draughtsman,
Waterworks Department,
Barbados.

Applications are invited for the
above post.

The post is pensionable with salary
in the seale $1,920. $1,920-120-2,880-
144-3,456 per annum, plus C.0.D.A,

at the rate of $156 per annum. Leave ‘

passages are payable at a salary of
$2,280 per annum and over,

Applicants must be conversant with
Theodolite and Dumpy Level Survey-

-ing and -Planetable work, and must

also be able to produce neat tracings,
and know the elements of draughts-
moanship. ,

will be -

153
Applications stating age, qualifica--
tions and experience, should be

addressed to the Chief Secretary,
Public Buildings, Barbados, to reach
him not later than 26th of March, 1955,

Ref. No. 18/00286.

TRAFFIC NOTICE.



The Vehicles and Road Traffic
Ordinance, 1946.

By virtue of the powers conferred
on mein Section 2 of the Vehicles
and .Road Traffic Ordinance 1946
(No. 5 of 1946), I hereby fix the
period hereunder for the lighting of
vehicles.

Until further notice, the lighting
of vehicles shall be from 6.30 p.m. to
5.45 a.m.

Dated this 24th day of February,
1955.

E. M. V. James, Lt. Col.
Trafic Commissioner. -

36/0004

RAINFALL FIGURES.

Central Experiment Station,



Antigua.
1951, 1952. 1963. 1954, 1985,
Jan. 3.60 3.10 2.55 3.44 2.16
Feb, 1,88 160 1.02 2,45 68

Mar. 12th = .95 10 17 28 68






54% ‘THE LEEWARD ISLANDS GAZETTE. [17 March, 193%
ANTIGUA.

Control of Imports and Exports

Notice No. 1 of 1955
TENDER FOR FLOUR

Tenders are invited for the supply of 15,000 half bays of 100 lb each “KE” grade flour from
‘Local Commission Agents of Canadian Flour Mills. Quotations should be C.1.F. Antigua and should
include agents commission. Tenders should indicate whethex they would be prepared to accept any pro-
portion of the 15,000 bags say 5,000 bags and if so at what price.

2. .The “ E” grade flour must be milled solely ftom Canadian Hard Spring Wheat not lower:
in grade than No. 3 northern and must be of the following minimum standard :—

Maximum moisture aaa 14.00%
~ Maximum ash ose 52%
Minimum protein or 12.00%
All flour to be enriched in accordance with the following :—
Minimum. — Maaximum. {
Thiamine 2.0 4 2.5 milligrams for each lb. flour
Riboflavine 1.2 1.5 3 : .
Niacine ~ 16.0 20.0 - - a
Iron 13.0 16.5 : - 3
With Calcium Car-
bonute 500 600 - a 5

The name of the miller, analysis of the flour, the enrichment standard and brand name should
be stated in the tender. Chemist’s certificate showing analysis of the flour, enrichment standard and
duly notarised must accompany documents. The Supply Officer however, exercises the right to arrange:
for samples to be drawn and analysed on his behalf.

Shipping documents must include date of shipment of all flour and must indicate that it is en-
riched and “ Vitamin Enriched Flour” must be stencilled on each bag.

3. Flour to be loaded at Montreal, Halifax or St. John and shipped to arrive in Antigua
during May, June and July, 1955 at a monthly rate of 5,000 half-bags of 100 lbs. each.

4. Tenders should be in sealed envelopes marked “ Tenders for flour” and should be addressed.
to His Honour the Administrator and should reach the Administrator’s Office not later than 4 p.m. on
“31st March, 1955.

5. Government does not bind itself to accept the lowest or any tender.

Administrator's Office, oa
Antigua.
26th February, 1956.

Ref. No, A. 40/18,

ANTIQUA,
Printed at the Government Printing Office, Leeward Islands, by E, f, BLackman,
Government Printer —By Authority,
1955.

[Price,37 cents]
No. 19 of 1954. Crown Proceedings.
°

[Lape
I Assent,
K. W. BLacKBURNE,
Governor.

24th February, 19565.

*

[By Proclamation |
ANTIGUA.
No. 19 of 1954,

An Ordinance to amend the law relating to the
evil Habilities and rights of the an) and to
eivil proceedings by and against the Crown,
to amend the law rel: ating to the civil Habilities
of persons other than the Crown in certain
eases Involving the affairs or property of the
Crown, and tor purposes connected with the
matters aforesaid,

ENACTED by the Legislature of Antigua
as follows:-—

1. This Ordinance may be cited as the Crown
Proceedings Ordinance, 1154.

&. (1) Anv reference in this Ordinance to
the provisions of this Ordinanee shall, unless the
context otherwise requires, include a reference to
rules of court ard Magistrates’ Courts rules made
for the parposes of this Ordinance.

(2) In this Ordinance-—

“agent” when used in relation to the Crown,
includes an independent. contractor em-
ploved by the Crown;.

“Her Majesty’s aircraft’? does not include
aircraft belonging to Her Majesty other-
wise than in right of Her Government in
the United Kinedom:

‘Her Majesty’s ships’’ means ships of which
the beneficial interest is vested in Her
Majesty or which are registered as
Government ships for the purposes of the
Merchant Shipping Acts, 1894 to 1940,
or which are for the time being demised

ANTIGUA,

Short title.

Interpreta-
tion,
Lo

ANTIGUA. Crown Proceedings. No. 19 of 1954,

or subdemised to or in the exclusive
possession of the Crown, except that the
said expression docs not inelude any ship
in which Her Majesty is interested other-
wise than in right of Her Government in
the United Kingdom unless that ship is
for the time being demised or subdemised
to Her Majesty in right of Her said
Government or in the exclusive possession

of Her Majesty in that right;

“Mugistrates’ Courts rules” includes rules
made by the Governor in Conneil under
section 259 of the Magistrate’s Code of

Oap. 61. Procedure Act and pursuant to section

29 of this Ordinance;

“civil proceedings” include proceedings in the
Supreme Court or the Court of Summary
Jurisdiction for the recovery of fines anid
penalties;

“officer” in relation to the Crown, includes
any servant of Her Majesty in right of
Her Government of the Colony or of the
Presidency ;

“order”? includes a judgment. decree, rule,
award or declaration;

“prescribed” means prescribed by rules made
under section 29 of this Ordinance:

“ proceedings against the Crown” includes a
claim by way of set-off or counterclaim
raised in proceedings by the Crown:

“statutory duty” means any duty imposed
by or under any Federal Act or any
Presidential Act or Ordinance or other
law extending to (or having effect in)
the Presidency.

(3) Any reference in Parts III and IV of
this Ordinance to civil proceedings by or against
the Crown, or to civil proceedings to which the
Crown is a party, shall be construed as including a
reference to civil proceedings to which the Crown
Attorney or any officer of the Crown as such is a

party:


No. 19 of 1954. Croien Proceedings. 3

Provided that the Crown shall not for the
purposes of Parts [fl and LV of this Ordinance be
deemed to be a party to any proceedings by reason
only that they are brought ‘by the Crown Attorney
upon the relation of seme other person,

(4) Any reference in this Ordinance to the
armed forces of the Crown shall be construed as
including a reference to the following forces:—

(a) the Women’s Roval Naval Service;

(6) the Queen Alexandra’s Royal Naval
Nursing Service; and

(c) any other organisation established
under the control of the Admiralty, the Army
Couneil or the Air Council.

(5) References in this Ordmance to any
enretment shall be construed as references to that
enactinent as amended by or under any other
enactment including this Ordinance,

PART T.

SUBSTANTIVE Law.

3. (1) Where after the commencement of
this Ordinasce any person has a claim against the
Crown as defined in subsection (2) of this section,
then, subject to the provisions of this Ordinance,
the claim may be enforced as of right, and w ithout
the consent of the ee by proce edings tuken
against the Crown for that purpose in accordance
with the provisions of this Ordinance.

(2) The reference to a claim against the Crown
in subsection (1) of this section shall be construed
as meaning a claim against the Government of the
Presideney which, if this Ordinance had not been
passed, might have heen enforced, subject to the
consent of the Governor, in a suit instituted by the
claimant as plaintif! against the Attorney General
as defendant in accordance with the provisions of
the Crown Suits Act or might have been enforced
by a proceeding provided by any other statutory
provision.

ANTIGUA.

Right to sue
the Crown.

Cap. 6,
ANTIGUA,

Liability of
the Crown in
tort.

4 Crown Proceedings. No, 19 of 1944.

(3) Any claim against the Crown made
pursuant to any statutory provision chac ted after
the commencement of this Crdinance shall, unless
otherwise directed }y any law, he likewise enforced
as of right, and without the fiat of the Governor,
by proceedings taken neainst (ie Crown in accord-
ance with the provisions of this Ordinance.

4. (1) Sabject to the provisions of this
Ordinance, the Crown shall be subject to all those
liabilities in tert to which, if it were ao private
person of full age and capaciry, it would be
subject—

(a) in respect of torts committed by its
servante or agents;

(4) in veapect of any breach of those
duties which » person owes to his servants or
agents at common law by reason of being their
employer; and

(¢) in respeet of any breach of the duties
attaching at common law to the ownership,
occupation, possession or control of property:

Provided that no proceedings shall lie against
the Crown by virtue of paragraph (a) of this
subsection in respect of any act or omission of a
servant or agent of the Crown unless the act or
omission would apart frow the provisions of this
Ordinance have given rise to a cause of action in
tort against that servant or agent of his estate,

(2) Where the Crown is bound bya statutory
duty which is binding also upon persons other than
the Crown and its officers, then, subject to the
provisions of this Ordinance, the Crown shall, in
respect of a failure to comply with that duty, be
subject to all those liabilities in tort Gf any) to
which it would be so subject Wf it were a private
person of full age and capacity.

(3) Where any functions are conferred or
imposed upon an officer of the Crown as such
either by any rule of the common law or by anv
law, and that officer commits « tort while perform-
ing or purporting to perform those fanctions, the
liabilities of the Crown in respect of the tort sball
vu. 19 of 1954. Croun Proceedings. 5

be such as they would have been if those functions
had been conferred or imposed solely by virtue of
instructions lawfully given by the Crown.

(4) Any enactment which negatives or limits
the amount of the liabilicy of the Crown or an
officer of the Crown in respect of any tort committed
by such officer shall, in case of proceedings against
the Crown under this section in respect of a tort
committed by such officer, apply in relation to the
Crown ax it would have applied in relation to such
officer if the proceedinys against the Crown had
been proceedings agaiust the said officer.

(5) No proceedings shall lie against the Crown
by virtue of this section im respect of anything
done or omitted to he done by any person while
discharying or purporting to discharge any res-
pousibilities of a judicial nature vested in him, or
any responsibilities which he has in connection with
the execution of judicial process.

(6) No eh shall lie against the Crown
by virtue of! this section in respect of any act,
neglect or default of auy officer of the Crown,
unless that officer has been directly or indirectly
appointed by the Crown and was at the material
time paid in respect of his duties as an officer of
the Crown wholly out of the peneral revenue or
other government funds of the Presidency or by
the yeneral government of the Colony,. or was at
the mea a time holding an office in respect of
whieh the Governor certifies that the holder thereof
would normally be so paid.

5. (1) Where after the commencement of
this Ordinances any servant or agent of the Crown
infringes 2 patent, or infringes a registered trade
mark, or infringes eny copyright and the infringe-
ment is committed with the authority of the
Crown, then, subject fo the provisions of this
Ordinance, civil proceedings in respect of the
infringement shall lie against the Crown.

(2) Nothing in subsection (1) of this seetion
or in anv other provisions of this Ordinance shall
affect the rights iE the Governor under section 29
of the Patents Act.

ANTIQUA.

Provisions us
to induatrial
property.

Uap. 147.
ANTIGUA.

Application

of law as to
indemnity and
contribution.

Liability in
connection
with postal
packets.

6 Crown Proceedings. No. 19 of 1954.
(3) Save as expressly provided by this section,
no proceedings shall lie against the Crown by
virtue of this Ordinance in respect of the infringe-
ment of a patent, in respect of the infringement of
a registered trade mark, or in respect of the
infringement of any snch copyright as is invitioned
in subsection (1) of this section.

6. Where the Crown is subject fo any
liability by virtue of this Part of this Ordinance,
any law relating to indemnity and contribution
shall be enforceable by or against the Crown to
respect of the liability to which it is so subject as if
the Crown were a private person of full age and
cupacity.

7. (1) Subject as hereinafter provided, 10
proceedings in tort shall lie against the Crown for
anything done or omitted to he done in relation to
a postal packet by any person while eniployed as a
servant or agent of the Crown, nor shall any officer
of the Crown be subject, except at the suit of the
Crown, to any civil liability therefor.

(2) Proceedings shall lie against the Crown
under this subsection in respect ab toss of or
damage toa registered inland postal peckct un se
far as the loss or damage is due to eny wrongful
act done or any neglect or default committed bv a
person employed as a servant or agent of the
Crown while performing or purvorting to prior
his functions as such in relation to the receipt,
carriage, delivery or other dealing with the packet:

Provided that: —

(a) no proceedings shall lie ynder ois
subsection in respect of auy postal packet
registered before the commencement of this

Ordinauce ;

(6) the amount recoverable in any pro-
ceedings under this subsection shall not exceed
the market value of the pack: t in question
(excluding the market value of any miessipe
or information which it bears) at the ume
when the cause of action arises;
No. 19 of 1954. Crown Proceedinys. 7

(c) the umount recoverable in such pro-
ceedings shal] not in any event exceed the
Maximum amount which, under the Post
Office rules is available for compensating the
persons agyrieved having regard to the fee
pail in respect of the registration of the
packet; and

(d) the Crown shall not be liable under
this subsection in respect of any packet unless
such conditions as are prescribed by the Post
Office rules in relation to registered inland
postal packets have been complied with in
relation to that packet.

For the purposes of any proceedmys under
this subsection, it shall be presumed, until the
contrary is shown ou behalf of the Crown, that the
loss of or damage to the packet was due to some
wrongful act done, or some neglect or default
committed, by a person employed as a servant or
agent of the Crown while performing or purporting
to perform his functions as such in relation to the
receipt, carriage, delivery or other dealing with the
packet.

(3) No relief shall be «vailable under sub-
section (2) of this section except upon a claim by
the sender or the adaressee of the packet in
question; and the sender or addressee of the packet
shall be entitled to claim any relief available under
the said subsection in respect of the packet whether
or not he is the person damnified by the injury
complained of, and to give a good discharge in
respect of all claims in respect of the packet under
the said subsection:

Provided that where the court is satisfied,
pou an application by any person who is not the
sender or addressee of the packet, that the sender
and the addressee are unable or unwilling to
enforce their remedies in respect of the packet
under the said subsection, the court may, upon
such terms as to security for costs and otherwise
ax the court thinks just, allow that other persor to
brig proceedings under the suid subsection in the
name of the sender or the addressee of the packet.

ANTIGUA.
ANTIGUA.

Cap. 123.

Provisions
relating to
the armed
forces,

8 Croun L'roceedings. No. 19 of 1954

.
Any reference in this subsection to the sender
or addressee of the packet includes a reference to
his personal representatives.

(4) Where by virtue of subsection (3) of this
section aDY persol recovers any money vr property
which, apart from that subsection, would have
been recoverable by some other person, the money
or property so recovered shall be held on trast for
that person.

(5) Post Office rules ae be made for pre-
seribing the conditions to be observed for the
purposes of this section in relation to registered
inland postal packets.

(6) In this section—

The expression “ postal packet’? has the

saine meaning as in the Post Office Act.

The expression “ inland postal packet ’
means a postal packet which is posted in the
Presidency, for delivery at any place within
the Presideney to the persen to whom it is
addressed.

The expression “sender” in relation to

a postal packet, has such meaning 4s may be
assiuned to it by Post Office Rule:

(7) Any reference in this section to a portal
packet shall be construed as including « reference
to the contents of sueh a packet.

8. (1) Nothing shone or omitted to be done
by a member of the scnied Ns of the Crown
while on duty as sneh shall subject either him or
the Crown to hability m tert for eausing the death
of another person, or for causing personal injury
to another persou, in se far as ihe death or per-
sonal injary ts due to anything suffered by that
other person while he is a nem Dee of the armed
forces of the Crown if—

(a) at the time when that thing is
suffered by that other persen, he is either on
duty as a member of the armed fores:, of the
Crown or is, though not ou duty ag such, on
No. 19 of 1954. Crown Proceedings. 9

any land, premises, ship, aircraft or vehicle
for the time being used for the purposes of
ihe armed forces of the Crown; and

(6) (i) where that other person is a
member of the armed forces of the Crown in
right of its Government in the United King
dom, the Miuisicr of Pensions certifies that
his suffermg that thing hus been or will he
treated as attributable to service for the pur-
poses of entitlement to an award under the
Royal Warrant, Order in Council or Order of
Her Majesty relating to the disailement or
death of members of the toree of which he is
a member;

(ii) where that other person is a member
of the armed forces of the Crown in right’ of
its Government in the Colony or in the Presi-
deney. the Governer in Council certifies that
his suffering that thing has been or will he
treated as attributable to service for the pur-
poses of entitlement to a gratuity or peusion
tiider any ennctment relating to the disable-
ment or death of members of the force of
which he is a member:

Provided that this subsection shall not exempt
a member of tne said forces from lability m tort
in any case in which the court is satisfied that the
uct or omission Was not connected with the execn-
tion of hi. duties ase iuember of those forces.

(2) No proceedings in tort shall fie against
the Crews for dears or personal injury due to
anything suffered by a member of the armed forces
of the Crown if—

(a) that thing es automel by hun in con-
sequence of the mature er condition of any
such faud. peeniises, ship, civeraié or veluicls
ax aforesaid, or im cousequence of the nature
or eondiiion of any equipment or aupphes
used for the purposes of those forces; and

(6) G) in the case of a member of the
armed forces of the Crown ty geht of its
Covernmient la the Unite: Kingdom, the

ANTIGUA.
ANTIGUA.

10 Crown Lroccedtiys. No. if of 1954.

Minister of Pensions certifies as mentioned in
the preceding subsection;

(ii) in the case of a member of the
armed forces of the Crown in right of its
Government in the Colony or in the Preni-
dency, the Governor in Council certifies as
mentioned in the preceding subsection,

nor shall any act or omission of an officer of the
Crown subject him to liahility in tort for death or
personal injury, in so far as the death or personal
injury is duc to anything suffered by a member of
the urmed forces of the Crown being a thing as to
which the conditions aforesaid are satisfied.

(3) The Governor, if satisfied that it is the
fact—~

(a) that « person was or was not on any
particular occasion on duty as a member of
the armed forces of the Crown in right of its
Government in the Colony or in the Presi-
dency; or

(6) that at any particular time any land,
premises, ship, aircraft, vehicle, equipment or
supplies was or was nut, ur were or were not,
used for the purposes of the said forces,

may issue a certificate certifying that to be the
fact; and any such certificate shall, for the pur-
poses of this section, be conclusive as to the fact
which it certifies.

(4) A certificate of the Admiralty or « Secre-
tary of State—

(a@) that » person was or was not on any
particular occasion on duty as a member of
the armed forces of the Crown in right of its
Government in the United Kingdom; or

(6) that st any particular time any land,
premises, ship, airerafi, vehicle, equipment or
supplies Was or wax not, or were or were not,
used for the purposes of the said forces,

shall, for the purposes of this section, be conclu-
sive as to the fact which it certifies.
No. 19 of 1954. Crown Proceedings. 11

(5) For the purposes of this section—

(a) “Governor in Council” means as
respects u member of an armed force estab-
lished by virtue of un Act of the Colony the
dzovernor with the advice of the Executive
Council of the Colony and in any other case
the Governor in Council of the Presidency
wherein such member is serving; and

(6) “member of the armed forces of the
Crown ” unless the context otherwise requires
incaus a member of the armed forces of the
Crown in the right of its Government in the

Colony or im the Presidency (including a
bers of the Police Force) or in right of j
Government in the United Kingdom.

(6) Nothing in this section shall be deemed
hy implication or otherwise to confer any right of
action against the Crown in right of its Govern-
ment in the United Kingdom,

9. (1) Nothing in Part I of this Ordinance
shall extinguish or abridge any powers or authori-
ties whieh, if this Ordinance had not been passed,
woull have been exercisable by virtue of the
prerogative of the Crown, or any powers or authori-
ties conferred on the Crown by any law and,
in particular, nothing ip the said Part. I shall
extinguish or abridge any powers or authoritics
exercisable by the Crown, whether in time of peace
or of war, for the purpose of the defence of the
Colony or of training, or inaintaining the efficiency
of, any of the armed forces of the Crown.

(2) Where in any proceedings under this
Ordinance it is materis! to determine whether any-
thing was properly done or omitted to he dene im
the exercise of the prerogative of the Crown, the
Governor mat, if satisfied that the act or omission
was necessnty for any such purpose as is mentioned
in the last preceeding subsection, issue a certifieate
io the efect that the act or onission was uecessury
for that purpose; and the certificate shell, in those
proceedings. be conclusive as to the matter so
certified.

ANTIQUA.

Saving in
respoot of acts
done wader
prerogative
and statutory
powers,
ANTIGCTA.

Civil proceed-
ings in the
Suprome
Court.

57 & 58 Viot.
c. 88.

Oivil proceed-
ings in the
court of Sum-
mury Jurisdic-
tion and
Mayistrate's
Court,

Interpicader.

No. 19 of 1954,

‘

19 Croun Lroceedings.
PART Ii.

JURISDICTION AND PROCEDURE.

10. (1) Subject to the provisions of this
Ordinance, all civil proceedings by or against the
Crown in the Supreme Court shall be instituted
and proceeded with in accordance with rules of
vourt and not otherwise.

(2) In relation to any claim against the
Crown in the Supreme Court as a Colonial Court
of Admiralty which falls within the jurisdiction of
that Court as a prize court, the expression “ rules
of court” iv this section means rules of court
made under section 3 of the Prize Court Act, 1804.

11. (1) Subject te the provisions of this
Ordinance, and to secuious 8 and 4 of the Summary
Jurisdiction Act which linit the jurisdiction of the
Court of Summary Jurisdietion im relation to the
subject matter of the proceedings to be brought
and the amount sought to be recovered in the
peaceedings and to any law limitivg the jurisdiction
of a Magistrae’s Court (whether vy reference to
the subject matter of the proceedings to be brought
ot the amount sought to be recovered in the pro-
ceedings or otherwise) any civil proceedings by or
against the Crown may be instituted in a Court of
Summary Jurisdiction or in a Magistrate’s Court.

(2) Any proceeding» by or against the Crown
in a Court of Summary Jurisdiction shall be
instituted and proceeded with in accordance with
rules of court of the Court of Summary -lurisdic-
tion and not otherwise.

(8) Auy proceedings by or against the Crown
ina Magisirace’s Court shail be instituted and pro-
cesded with in accordance with Mayistrates’ Conri
tules and not otherwise.

12. The Crown may obtain relief by way
of interpleader proceedings, and may be made ou
party to such proce: dings, in the same inanuer in
which a subject may obtain relief by way of such
proceediazs notwithstanding that the application
for relief is made by a Provost Marshal or Bailiff,
No. 19 of 1954. Crown Proccetings. 18

and all rules of court and Magistrates’ Court rules
relating to interpleader proceedings shall, subject
to such rnoditications »s mav be preseribed have
effect accordingly.

13. (1) Civil proceedings by the Crown
may be instituted by the Crown Attorucy:

Provided that where in any Act ov Ordinance
passed before the coming inio operation of this
Ordinance it is therein provided that any debi due
to the Crown shall he sued for and recuvered by a
particular officer of the Crown, civil proceedings by
the Crown for the recovery GF eh: debt may be
instituted by that officer.

(2) Civil proceedings against the (rown shall
be instituted against the Crown Attorney.

(3) No proceedings instituted in accordance
with this Part of this Ordivance by an officer of
the Crown or in the name of or against the Crown
Attorney shall abate or be affected by any change
in the person holding that office or holding the
office of Crown Attorney.

14. All documents required to be served on
the Crown for the purpose of or in connection with
any civil proceedings by or against the Crown shall,
where the proceedings ‘by the Crown are brought
in the name of an officer of the Crown other than
the Crown Attorney, be served on that officer or
on the Crown Attorney.

15. (1) If in a case where proceedings are
instituted against the Crown in a paces
Court an application in that behalf is made by the
Crown to the Supreme Court, and there is pro-
duced to the Court a certificate of the Crown
Attorney to the effect that the proceedings may
involve an important question of law, or may be
decisive of other cases arising out of the same
matter, or are for other reasons more fit to be tried
in the Supreme Court, the proceedings shall be
removed into the Supreme Court.

(2) Where any proceedings have been removed
into the Supreme Court on the production of such
a certificate as aforesaid, aud it appearr to the

ANTIGUA.

Parties to
proceedings.

Service of
documents.

Removal aad
transfer cf
procvedit gs.
ANTIGUA.

Nature of
Relief.

Costs in civil
proceedings to
which the
Crown is a
party.

14 Crown Proceedings. No. 19 of 1954,
court by whom the proceedings are tried thar the
removal has oceasioned additional expense to the
person by whom the proceedings are brought, the
court may take account of the additional expense so
oceasioned in exercising its powers in regard to the
award of costs:

Previded that an order for the transfer to a
Magistrate’s Court of any proceedings againet. the
Crown in the Supreme Court shall not be made
without the consent of the Crown.

16. many civil proceedings by or against
the Crown the court shall, subject as hereinafter
provided, have power to make all such orders as_ it
has power to make in proceedings between subjects,
and otherwise to give such appropriate relief as the
case may require:

Provided that—

(a) where in any procecdings against the
Crown any such relief is sought as might in
proceedings between subjects be granted by
way of injunction or specific performance, the
court shall not grant an injunction or make an
order for specific performance, but may in
lieu thereof make an order declaratory of the
rights of the parties; and

(6) in any proceedings against the Crown
for the recovery of land or other property the
court shall not make an order for the recovery
of the land or the delivery of the property, but
may in leu thereof make an order declaring
that the plaintiff is entitled as agamst the
Crown to the land or property or to the
possession thereof.

(2) The court shall not in any civil proceed-
ings grant any injunction or make any order against
an officer of the Crown if the effect of granting the
injunction or making the order would be to give
any relief against the Crown which could not have
been obtained in proceedings against the Crown.

17. In any civil proceedings by or against the
Crown, the costs of and incidental to the proceed-
ings shall be awarded in the same manner and on
the same principles as in cases between subjects, and
No. 19 of 1954. Crown Proceedings. 15

the court shall have power to make an order for
the payment of costs by or to the Crown accord-

ingly.

18. Allenactments, rules of court and Magis-
trates’ Courts roles relating to appeals sud stay of
execution shall, with such modifications ns may be
prescribed, apply to civil proceedings by or against
the Crown as they apply to proceedings between
subjects.

19. (1) Subject to the provisions of this sec-
tion, any reference in this Part of this Ordinance
to civil proceedings by the Crown shall be con-
strued as n reference to the following proceedings
only :—

(2) proceedings for the enforcement or
vindication of any right or the obtaining of
any relief which, if this Ordinance had not
heen passed, might have been enforced or
vindieated or obtained—

(i) by proceedings for the recovery
of chattels or money by way of
damages or otherwise, or any
hereditament or an account and
payment from any defaulting
officer or other person or cor-
poration or by the writs of
capias ad respondendum, writs
of subpwna ad respondendum,
writs of appraisement, writs of
scire facias, and by proceedings
for the determination of any
issue upon a writ of extent or
of diem clausit extremum,

(ii) by an action at the suit of the
Crown Attorney or a particular
officer of the Crown;

(6) all such proceedings as the Crown is
entitled to bring by virtne of this or any other
Ordinance, or any law,

and the expression “civil proceedings by or against
the Crown” shall be construed accordingly.

ANTIGUA,

Appeals and
atay of
execution,

Scope of
Part II.
Anticua. 16 Cron Proceedings. No. 19 of 19F4,

*

(2) Subject to the provisions of this scetlon)
any reference in this Part of this Ordinance to civil
proceedinys against the Crown shall be construed
as a reference to the following proceedings only:—

(a) proceedings for the enforcement or
vindication of any right or the o htuining of
any relief which, if this Ordinance had not
heen passed, might have been enforced or
vindicated or obtained by an action against
the Attorney Geuveral; and

(6) all such proceedings ax auy person is
entitled to bring against the Crown by virtue
of this or any ” other Urdinanes, or any law,

and the ex xpression eri seaiien by or against

the Crown” shall be construed accordingly

(3) Notwithstanding anything in the preced-
ing provisions of this section, the provisions of this
Part of this Ordinance shall not have effect with
respect to any proceedings brought hy the Crown
Attorney on the relation of some other person or to
proceedings in connection with any charitable trusts.

PART TIL.
JUDGMENTS AND EXrcurion.

Interest. on 20. (1) Section 7 of the Judgments Act
oe Qwhich provides that a judement che shall carry

, interest) ahall apply to judgment debts due from or
Cap. 10. to the Crown,

(2) Where any costs are awarded to or against
the Crown iuterest shall be payable upon these. cons
unless the court otherwise orders, wid any interest
so payable shall be at the same a as that at which
interest is payable upon judgment debts dne from
or to the Crown.

(8) This section shall apply poth in relation
to proceedings pending at the commencement of
this Ordinance and in. relation to proceedings
instituted thereafter.

Satisfaction 21. (1) Where in any civil proceedings by or
TUETA

apna i against the Crown, or in connection with any
Crown, arbitration to which the Crown is a party, any

order (including an order for costs) is made by any
No, 19 of 1954. Crown Proceedings, WV

court in favour of any person against the Crown,
the proper officer of the court shall, on applica-
tion in that behalf made by or on behalf of
that person at any time after the expiration of
twenty-one days from the date of the order or, in
case the order provides for the payment of costs
and the costs reqnire to be taxed, at any time after
the costs have been taxed, whichever ia the later,
issue to that person a certificate in the prescribed
form containing particulars of the order:

Provided that, if the court so directs, a separate
certificate shall be issned with respect to the costs
(if any) ordered to be paid to the applicant.

(2) A copy of any certificate issued under this
section may be ser ved | wy the person in: whose
favour the order is made upon the particular officer
of the Crown concerned, or the Crown Attorney, as
the case may be.

(3) If the order provides for the payment of
any money by way of damage or otherwise, or of
any costs, the certificate shall state the amount so
payable, and it shall be lawful for the Governor by
warrant under his hand to direct the amount appear-
ing by the certificate to be due, to be paid to the
person entitled thereto or to his solicitor, together
with the interest, if any, lawfully due thereon:

Provided that the court by which any such
order as aforesaid is made or any court to which an
appeal against the order lies may direct that, pend-
ing an appeal or otherwise, payment of the whole
of any amount s0 payuble, or any part thereof, shall
be suspended, and if the certificate has not been
issued may order any such directions to be inserted
therein.

(4) Save as aforesaid and subject to rules of
court no execution or attachment or process in the
nature thereof shall be issued out of any eourt for
enforeing payment by the Crown of any such
amount or costs as aforesaid, and the Crown
Attorney or other officer of the Crown as the party
in whose name civil proceedings by or against the
Crown have been instituted shall not be personally
liable under any order for the payment py the

ANTIGUA,
Anriaua. 18 Crown Proceedings, No. 19 of 1934,

Crown, or the Crown Attorney, or other officer of
the Crown as such, of any such money or costs.

(5) This section shall apply both in relation
to proceedings pending at the commencement of
this Ordinance and in relation to proceedings
instituted thereafter.

Execution by 22. (1) Subject to the provisions of this

the Crown, Ordinance, any order made in favour of the Crown
against any person in any civil proceedings to which
the Crown is a party may be enforced in the same
manner as an order made in an action between
subjects, and not otherwise.

Cap. 7. (2) Sections 4 and 5 and the Debtors Act
(which provide respectively for the abolition of
imprisonment for debt, and for saving the power
of committal in case of judgment debts) shall apply
to sums of money payable and debts due to the
Crown:

Provided that for the purpose of the application
of the said section 4 to any sum of money payable or
debt due to the Crown, the section shall have effect
as if there were included among the exceptions
therein mentioned default in payment of any sum
payable in respect of stamp duty under section 74

Osp. 135. of the Stamp Act.

(3) Nothing in this section shall affect any
procedure which immediately before the commence-
ment of this Ordinance was available for enforcing
an order made in favour of the Crown in proceed-
ings brought by the Crown for the recovery of any
tine or penalty, or the forfeiture or condemnation
of any goods, or the forfeiture of any ship or any
share in a ship.

Attachment of 23. (1) Where any money is payable by the
Rela be ie. Crown to some person who, under any order of any
Crown. court, is liable to pay any money to any other
perscn, and that other person would, if the money
so payable by the Crown were money payable by a
subject, be entitled under rules of court to obtain
an order for the attachment thereof as a debt
due or accruing due, or an order for the appoint-
meant cf a sequestrator or receiver to receive the
No. 19 of 1954. Crown Proceedings. 19

money on his behalf, the Supreme Court may,
subject to the provisions of this Ordinance and in
accordance with rules of court, make an order
restraining the first-mentioned person from receiv-
ing that money and directing payment thereof to
that other person, or to the sequestrator or receiver:

Provided that no sueh order aia be made in |

respect of:—

(a) any wages or salary payable to any
officer of the Crown as such;

(4) any money which is subject to the
provisions of any enactment prohibiting or
restricting assignment or charging or taking in
execution; or

(c) any money payable by the Crown to
any person on account of a deposit in the
Government Savings Bank.

(2) The provisions of the preceding subsection
shall, so far as they relate to forms of relief falling
within the jurisdiction of 1 Magistrate’s Court have
effect in relution to Magistrates’ Courts as they
have effect in relation to the Supreme Court but
with the substitution of a reference to Magistrates’
Courts rules for any reference in the suid sub-
section to rules of court.

PART IV.

MISCELLANEOUS AND SUPPLEMENTAL,

24. (1) Subject to and in accordance with
rules of court:—

(a) in any civil proceedings in the
Supreme Court or the Court of Summary
Jurisdiction to which the Crown is « party,
the Crown may be required by the court to
make discovery of documents and produce
documents for inspection; and

(6) in any such proceedings as afore-
said, the Crown may be required by the
court to answer interrogatories:

ANTIGUA.

Discovery.
ANTIGUA.

Execution of
proceedings in
rem ayrainst
the Crown,

20) Crown Proceedings. No. 19 of 1954.
é

Provided that this section shall be without
prejwiice to any rule of law which authorises or
requires the withholding of any document. or the
refusal to answer any question on the ground
that the disclosure of the document or the |
answering of the question would be injurious to
the public interest.

Any order of the court made under the
powers ‘couferred by paragraph ()) of this sub-
section shall direct by what officer of the Crown
the interrogatories are to be answered.

(2) Withont prejudice to the proviso to the
preceding subsection, any rules made for the
purposes of this section shall be such as to secure
that the existence of a document will not be
disclosed if, in the opinion of the Governor, it
would be injurious to the public interest to dis-
close the existence thereof.

25. (1) Nothing in this Ordinance shall
authorise proceedings iz rem in respect of any
claim against the Crown, or the arrest,
detention or sale of any of Her Majesiy’s ships
or aircraft, or of aiy cargo or other property
helonging to the Crown, or give to any person
anv lien on any such ship, aircraft, cargo or
other property

(2) Where proveedings in rem have been
instituted in the Supreme Court, the Court of
Summary Jurisdiction or ina Mag istrate’s Court
against any such ship, aireraft, cargo or other
property, the court may, if satistied, either on an
application hy the plaintiff! for an order under
this subsection or an application by the Crown
to set aside the proceedings, that the ‘proceedings
were so instituted by the plaintiff in the
reasonable belief that. the ship, aircraft, cargo or
other property did not belong to the Crown, order
that the proceedings shall be treated as if they
were in personam, duly instituted against the
Crown in accordance with the provisions of this
Ordinance, or duly instituted against any other
person whom the court regards as the proper
person to be sued in the circumstances, and that
the proceedings shall eantinue accordingly
No, 19 of 1954. Crown Proceedings. ot

(3) Any suck order may be made upon such
terms, if any, as the court thinks just: and where
the court imakes anv such order it may make
such consequential orders as the court thinks
expedient.

26. Nothing in this Ordinance shall pre-
judice the right of the Crown to rely upon the
iaw relating ‘to the limitation of time for bring-
ing proceedings against public authorities.

27. (1) This Ordinance shall not prejudice
the right of the Crown to take advantage of the
provisions of any Federal Act or any Presidential
Act or Ordinance although not named therein,
and it is hereby declared that in any civil pro-
ceedings against the Crown the provisions of any
Federal Act or Presidential Act or Ordinance
which could, if the proceedings were between
subjects, be relied upon by the defendant as a
defence to the proceedings, whether in whole or
in part, or otherwise, may, subject to any express
provision to the contrary, be so relied upon by
the Crown,

(2) Section 6 of the Debtors Act (which
empowers the vourt in certain circumstances to
order the arrest of a defendant about to quit the
Colony) shall, with any necessary modifications,

apply to civil proceedings brought by the Crown.

28. No claim by or against the Crown, and
ho proceedings for tbe Uitoreeiient of any such
claim, shall abate or be affected by the demise of
the Crown.

29. (1) Any power te make rules of court
or Magistrates Courts’ rules shall include power to
make rules for the purpose of giving effect to the
provisions of this Ordinance, and any such rules
may contain provisions to have effect in relation
to any proceedings hy or against the Crown in
substitution for or by way of addition to any of
the provisions of the rules applying to proceedings
between subjects.

ANTIGUA.

Limitation of
actions,

Application to
the Crown of
eertain statu-
tery provi-
sious,

Cup. 7.

No abatement
on demise of
Crown.

Rules of court,
Antigua. 22 Crown Proceedings. No. 19 of 1954.

(2) Provisions shall Le made by rules of court
and Magistrates Courts rules with respect to the
following matters:—

(a) for providing for service of process,
or notice thereof, in the case of proceedings
by the Crown against persons, whether British.
subjects or not, who are not resident in the
Colony,

(6) for securing that where any civil
proceedings are brought against the Crown
m accordance with the provisions of this
Ordinance the pliintiff shall, before the Crown
is required to take any step in the proceedings,
provide the Crown with such information as
the Crown may reasonably require as to the
circumstances 1» which it is alleged that the
liability of the Crown has arisen and as to
the departments and officers of the Crown
concerned;

(c) for providing that in the case of
proceedings against the Crown the plaintiff
shall not enter judgment against the Crown
in default of appearance “sr pleading without
the leave of tee court to be obtained on an
application of which noice has been given io
the Crown;

(d) for excepting proceedings brought
against the Crown from the operation of any
rule of court providing for summury judgment
without trial;

(e) for authorising the Crown to deliver
interrogatories without leave of a court in
any proceedings for the enforcement of which
proceedings by way of Huglish information
might have been taken if this Ordinance had
not heen passed, so, however, that the Crown
shall not be entitle( vo deliver any third or
subsequent interrogatories without the leave
of the court;

(7) for enabling evidence to be taken
on commission in proceedings by or agailst
the Crown;
No. 19 of 1954. Crown Proceedings. a
" (9) for providing:—

(i) that a person shall not be entitled
to avatl himself of any set-off or
counterclaim in any proceedings by
the Crown four the recovery of taxes,
duties or penalties, or to avail him-
self in proceedings of any other
nature by the Crown of any set-off
or counterclaim arising out of a
right or claim to repayment in
respect of any taxes, duties or
penalties ;

(ii) that a person shall not be entitled
without the leave of the court to avail
himself of any set-off or counter-
claim in any proceedings by the
Crown if either the subject matter
of the set-off or counterclaim does
not relate to a Government depart-
ment connected with the proceedings
or the proceedings are brought in
the name of the Crown Attorney;

(iii) that the Crown when sued, and its
alleged liability has arisen through
the acts of a government department,
shall not without the leave of the
court be entitled to avail itself of
any set-off or counterclaim if the
subject. matter thereof does not
relate to that department;

(iv) that the Crown when sued otherwise
than as is mentioned in paragraph
(iii) shall not avail itself of any
set-off or counterclaim without the
leave of the court.

80. Save as otherwise expressly provided,
the provisions of this Ordinance shall not affect
proceedings instituted under the Crown Suits Act
before the commencement of this Ordinance; and
for the purposes of this section such proceedings
being claims against the Government of the
Presidency and of the same nature as claims which

ANTIGUA,.

Pending
proceedings.

Cap. 6.
ANTIGUA.

23 & 24 Vict.
e, 84.

Finaneial pro-

visions.

Savings.

“94 Crown Proceedings. No. 19 of 1954.

could have been preferred against the Crown in
England under the Petitions of Right Act, 1860,
shall be deemed to have been so instituted if
astatement of claim with respect to the matter in
question is filed with the Registrar of the Supreme
Court for transmission to the Colonial Secretary
before the commencement of this Ordinance.

Sl. (1) Any expenditare incurred by or
on behalf of the Crown in right of Her Majesty’s
Government in the Presidency by reason of the
passing of this Ordinance shall be defrayed ont of
moneys to be provided by the Legislative Council
of the Presidency.

2) Any sums payable to the Crown in right
of Her Majesty’s Government in the Presidency
by reason of the passing of this Ordinance shall
be paid into the Treasury of the Presidency to
the credit of the general revenue.

82. (1) Nothing in this Ordinance shall
apply to proceedings by or against, or authorise
proceedings in tort to be brought against, Her
Majesty in Her private capacity.

(2) Except as therein otherwise expressly
provided, nothing in this Ordinance shall-—

(a) affect the law relating to prize salvage,
or apply to proceedings in causes or matters
within the jurisdiction of the Supreme
Court as a prize court or to any criminal
proceedings; or

(6) authorise proceedings to be taken
against the Crown under or in accordance
with this Ordinance in respect of an alleged
liability of the Crown arising otherwise than
in respect of Her Majesty’s Government in
the Presidency; or affect proccedings against
the Crown in respect of any such alleged
liability as aforesaid; or

ec) affect any proceedings by the Crown
otherwise than in right of Her Majesty’s
(yovernment in the Presidency; or
~ No. 19 of 1954. Cronin Proceedings. 25

(d) subject the Crown to anv greater
liabilities in respeet of the acts or omissions
of any independent contractor employed by
the Crown than those to which the Crown
would be subject in respect of such acts or
omissions If it were a private person; or

(e) affect any rulex of evidence or any
presumption relating to the extent to which
the Crown is bound by any Federal Act er
Presidential Act or Ordinance; or

(7) affeet any right of the Crown to
demand a trial at bar or to control or other.
wise intervene in proceedings affecting its
rights, property or profits,

and without prejudic. to the yeneral effect of the
foregoing provisions, lart ITT of this Ordinance
shall not apply to the Crown except in right of
Her Majesty’s Government in the Pres deucy.

(3) A certificate of the Crovernor:—

(a) to the effect that itv alleged liability
of the Crown arises otherwise than in
respect. of Her Muajesty’s Government in the
Presidency ;

) to the effect that any proceedings
by the Crown are proceedings otherwise thar:
in right of Her Majestv’s Government in the
Presidency,

shall, for the purposes of this Ordinance, be
conclusive as io the matters so certified,

(4) Where anv property vests in the Crown
by virtue of any rule of lay which operates
independently of the wets er the intentions of the
Crown, ae Crown shall nor by virtue of this
Ordinanes he subject to any liabilities in tort by
reason only of the property being so vested: but
the provisions of this subsection shall he without
prejudice to the liabilities of the Crown under
this Ordinance iu respect of any period after the
Crown or any person acting for the Crown has
in fact taken possession or control of any such
property, or entered into occupation thereof,

ANTIGUA.
ANTI.UA,

Conimence-
ment.

26 Crown Proceedings. No. 19 of : OAL,

(5) This Ordinauce shall nol operate to limit
the discretion of the court to grant relief by way
of mandamus in cases in which such relief might
have been granted before the commencement of
this Ordinance, notwithstanding that by reason of
the provisions of this Ordinance some other and
further remedy is available.

33. This Ordinance shall come into opera-
tion on a day to be appointed by the Governor by
proclamation published in the Gaczerte.

Atmc LOVEDACE,
President.

Passed the Legislative Council this 17th day
of December, 1954,

J. L. Rowinson,
Clerk of the Couneil.

ANTIGUA

Printed at the Government Printing Office, Leeward Islands.
by ELM, Buacrstan, Government Printer. —By Authority.

§00—3.55.

155,
Price 28 eanés.
maoaoe OF

te

LEEWARD ISLANDS.

GENERAL GOVERNMENT.

STATUTORY RULES AND ORDERS.
1955, No. 18.
DEFHNCK FINANCE

The Exportation of Foreign Currency (Exemption) Order, 1955,
dated the iOth day of March, 1955, made by the Governor under
regulation 8 of the Defence (Finance) Regalations, 1942 which
have effect by virtue ofthe Supplies and Services (Transitional
Powers) Act, 1945 (Imperial) the Supplies and Services (Transi-
tional Powers) (Colonies etc.) Order in Council, 1946 (Imperial)
the Supplies and Services (Transitional Powers) Order, 1946
(S.R. & O.1946 No. 5), the Supplies and Services (Continuance)
Order, 1954 (Imperial) and all other powers thereunto him
enabling.



1. Snort Trriz. This Order may be cited as the Exportation
of Foreign Currency (Hxemption) Order, 1955.

2. Kxemprtor. (1) Non-resident travellers shall be exempted
from the provisions of paragraph (1) of regulation 8 of the Defence
(Finance) Regulations 1942 in regard to the taking out of any
Presidency of the Colony of foreign currency:

Provided that this exemption shall apply onlv to such foreign
currency as may have heen brought into any Presidency by such
persons or such part thereof as may not have been spent by them
during their stay im the Colony.

(2) For the purposes of this paragraph the expression “ non-
resident traveller” shall include passengers on any ship or aircraft
intransit to some other place beyond the Colony, persons who are not
ordinarily resident or domiciled in the Colony and such other persons
as the Governor may from time to time declare to be non-resident
travellers for the purposes of this Order.

Dated this 10th day of March, 1955.

K. W. Bracksurng,
Governor.



ANTIQUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M, BuackMAN, Government Printer.—By Authority.
1955, .
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