Citation
Leeward Islands gazette

Material Information

Title:
Leeward Islands gazette
Creator:
Leeward Islands (West Indies)
Place of Publication:
[Antigua
Publisher:
Gov. Printing Office]
Publication Date:
Language:
English
Physical Description:
reels. : ;

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




Notices.

By virtue of the provisions of
Section 3 of the Quarantine Act No. 25
of 1944, as amended by Act No. 10 of
1950, the Governor has been pleased
to appoint Dr. R. E. BROWNE to be
the Quarantine Authority for the
Presidency of Montserrat, in place of
Dr. W. B. R. JONES, fromthe 31st
May, 1955 inclusive.

The Secretarrat,
Antigua.
30th June, 1955.

Bef. No. 13/00090.



By virtue of the provisions of
Section 3 of the Quarantine Act
No. 25 ot 1944, as amended by Act
No. 10 of 1950, the Governor has
been pleased to appoint Dr. W. F.
SMITH to be the Quarantine Authority
for the Presidency of the Virgin
Islands, in place of Dr. E. O. JACOBS,
from the 14th June, 1955, inclusive.

The Secretariat,
Antigua,
29th June, 1955.
Ref. No. 13/00096.





It is notified for general information
that Mrs. Eva LOUISA SEMPER of
Ottos Lane, St. John’s, Antigua, was
registered on the 2nd day of July,
1955, asa citizen of the United King-
dom and Colonies under the British
Nationality Act, 1948.

The Secretariat,
Leeward Islands,
at Antigua.

Ath July, 1955.
(C. S. O. M. P. 55/00022).



It is hereby notified for general
information that the tender for the
supply of 15000 half bags of flour for
the period August to December, 1955,
has been awarded to Messrs S. R.
MENDES Ltd (Agents for the Phenix
Mills, Montreal, Canada)—

15,000 bags of 100 lbs each of

“Phenix” Brand Flour at $4.73

(Canadian) per bag O.LF. Antigua.

Administrator’s Office,
Antigua.
2nd July, 1955.

Ref. No. A. 40/18—ITI.

328.7297
LY¥§ 924

THE

VOL. LXXXIII.

LEEWARD

[5/ 109
J 5 AUG Ay
ISI cA} N D Ss

a ~ ‘
. eo y-

SON : %

GAZETTE, “-=="
Published by Authority.





THURSDAY, 7ru JULY, 1955. No. 30.

Reference Notice dated 10th No- Montserrat.
vember, 1954 on the subject of No. 3 of 1955, “The British
Fisheries Improvement Loan Com- Caribbean Shipping (Agreement)

mittee.

2. It is hereby notified for general
information that the Governor in
Council has appointed Mr. JAMES
JARVIS to be a member of the afore-
mentioned Committee.

Administrator's Office,
Antigua.
29th June, 1955.



No. 73.

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

R. NoRRIS, Assistant Colonial Secre-
tary (Establishment), appointed to
act as Colonial Secretary, from the
Ist July, 1955, until the return
of His Excellency the Governor
from the United Kingdom.

Ref. No. P. F. 429.

SOUTHWELL, S. W., Assistant Super-
intendent of Police to act Superin-
tendent of Police from the 27th
June, 1955.

Ref. No. P. F. 140.

No. 74.

The following Ordinances are circu-
lated with this Gazette and form
part thereof :—

Antigua.

No. 1 of 1955, “The Harbour
Launches (Amendment) Ordinance,

1955.” 2 pp. Price 4 cents.
No. 2 of 1955, ‘The Industrial
Development (Amendment) Ordi-
nance, 1955.” 3 pp. Price 5 cents.
No. 3 of 1955, “The Excise

(Amendment) Ordinance, 1955.”
3 pp. Price 5 cents.

No. 4 of 1955, “The Prison Ordi-
nance, 1955.” 10 pp. Price 12 cents.

No. 5 of 1955, ‘* The Defence Force
Ordinance, 1955.”
14 pp. Prioe 16 cents.

Ordinance, 1955.”
17 pp. Price 25 cents.

No. 75.

The following Bill which is to be
introduced in the Legislative Council
ot Antigua is circulated with this
Gazette and forms part thereof:—

‘‘The Building Societies Ordinance,
1955.”



In the matter of tie estate of
Ella Van Engle, deceased.

(UNREPRESENTED).
To all creditors of the above estate.

You are hereby notified that you
are to come in aud prove your debts
and file your claims at the office of
the Administrator of Estates at the
Court House in the town of Basse-
terre in the Island of Saint Christo-
pher against the said estate.

Creditors resident within the Colo-
ny of the Leeward Islands are to file
their claims within four months after
the 16th day of June, 1955.

Creditors resident out of the said
Colony are to file their claims within
eight months from the said 16th day
of June, 1955,

AND FURTHER TAKE NOTICE
that any creditors failing to file their
claims within the time above specified
will be excluded from any benefits
arising from the said estate.

All persons indebted to the said
deceased are requested to pay the
amount of their respective debts
to me.

Dated the 16th day of June, 1955.

H. 8S. L. MOSELBY,
Administrator of Estates.



NATURALIZATION.

A Certificate of Naturalization No.
1 of 1955 dated the Ist June, 1955,
has been granted to Mr. EMANUEL
JOSEPH EID of George Street, Ply-
mouth, Montserrat, under the British
Nationality Act.



The Secretariat,
Antigua.
"25th June, 1955.

M.P, 55/00010,



110 THE

Vacant Post of Dental Surgeon
Colonial Hospital, St. Vincent.





Applications are invited from snit-
ably qualified candidates for appoint-
ment to the post of Dental Surgeon,
St. Vincent.

2. The salary of the post ig in the
scale $3,840x¢ 120--$4 800 per annum,
and consideration will be given to
appointment at a point higher up the
scale depending upon the qualifica-
tions and experience of the successful
candidate. Private practice is allowed.

3. A transport allowance at the
prescribed rate is payable in respect of
a.motor-car maintained by the officer
for official travelling. Quarters are
not provided.

4. Candidates should possess a
Dental qualification entitling them to
practise dentisiry or dental surgery in
some part of Her Majesty’s Dominions,
or a qualification obtained in a foreign
country recognised by the Medical
Board, St. Vincent.

5. The Dental Surgaon — shall
furnish free dental treatment for the
poorer classes, including labourers,
paupers, and inmates of Government
institutions and to all other persons
who are entitled to free dental treat-
ment at Government expense, provi-



Tenders for Groceries,

The following tenders have been accepted for the

period ending 3lst December, 1955, for

undermentioned items to Government Institutions:—

J. PIGOTT.

GROCERIES.

Cooking Butter

Table Butter 1.20 ,,

” ” 5.40 ”
Margarine 2.80 ,,
Lard and Lard substitutes 2.80 ,,

Laundry Soap (Blue & Brown)12.00__,,

White potatoes

Onions 12-5;
Sugar—white granulated 13.€5_,,
- brown 19.60 ,,
5 washed 26.30 _,,

$
4.56 per

10 per lb.

LEEWARD ISLANDS GAZETTE.

ded that such treatment shall not
include the making or supplying of
dental prostheses.

In the case of members of the
public, free treatment shall be pro-
vided only at Government clinics and
the dental surgeon shall attend at such
clinics at such times and places as the
Governor-in-Council may from time
to time prescribe.

(2) He shall be responsible for the
dental care and treatment of school
children and shall visit and inspect
all schools at least once annually and
shall carry ont such treatinent as he
deems necessary.

(3) He shall act as adviser to Gov-
ernment in all matters relating to the
dental health and welfare of the
Community.

(4) He shall perform such other
duties not inconsistent with the above
as the Governor may direct.

6. The post is at present non-
pensionable, but steps are being taken
to have it made pensionable. The

person selected will be subject to the

Colonial Regulations, the General
Orders and the Financial and Store
Rules of the Windward Islands and to
the various Ordinances and Subsidiary
Legislation in force in the Colony.

ete.

Edible Oil
Blue

the supply of the

Washing Soda

Beef—Steak
Sirloin
. Liver
Ae ne Mutton
51b. Pork
5 1b. ,,

5 lb. ,,
50 lb. carton

- » Cream 12.50 ,, ,, 5
Sardines 15 per tin
- 14.40 ,, case of 100 ting
Pickled Pork—Clear .46 per |b. Leper Home
5 ‘6 ss 82.00 ,, barrel of 200 lb.
» Snouts Holberton Hospital
Jowls, scalps .44 ,, Ib.
Pork Snouts, Jowls, scalps 78.00 ,, barrel of 200 lb.
LAKE & CO.
GROCERIES. Holberton Hospital
Rice 23.25 per bay of 177 lb.,
delivered
Flour 11.15 per bay of 100 Ib. Lunatic Asylum
Salted Fish .29 4, Ib.
Cornmeal 11.95 ,, bag of 100 1b. Fiennes Institute
‘Pickled Beef 48 ,, Ib.
“Condensed Milk 16.24 ,, carton of 48

14 oz. tins

bag of 112 lb.

Antigua.
» 249 Ib. 27th June, 1955.
» 2241b. Ref, No. A. 41/36.

[7 July, 1955.

7. Free first class passages to St.
Vincent will ba provided for the
Officer, his wife and children under
the age of 18 years, on first appoint-
ment. Leave passages will be granted
in accordance with local provision.

8. The person appointed will be
liable to transfer to a similar post of
equivalent status within the Wind-
ward Islands,

9. Applications should be address-
ed to the Assistant Administrator and
Kstablishment Officer, Governinent
Office, St. Vincent, and should reach
him not later than 3lst July, 1955
giving full details of the candidate’s
experience and qualifications togather
with copies of testimonials.

Ref. No. 13/00086.

RAINFALL FiGURoS,

Centra! Hxvsriment Station,

















Antigua,

951, 1952. 1863. 1054, 1956,
Jan. 3.60 3.1 2.55 344 2.16
Feb. 1.88 1.60 1,02 2.45 68
Mar. 1.09 1.62 560 1.08 83
Apr. 216 3.14 2.06 49 1.75
May 10.54 3.07 1.50. 3.83 2.81
June 2.74 6.74 31° 3.32 1.47
July 2nd — .08 Al .06 —
22.01 18.35 14.15 14.67 9.70

$

96 ,, box of 72 } oz.
cakes

10 = ,, Ib.

NORRIS ROBERTS.

FRESH MEAT.

47 per Ib.

Be,

30.0.

30, ; Wed
36,

EUGENIE JARDINE.

BREAD.

15 c. per lb. delivered
ANGELO BARRETO.

MILK FRESH.
14 per 26 oz. botile
delivered
14 per 26 oz. bottle
delivered
(30—40 bottles daily)

Mrs. LYDA HALL.

MILK FRESH.
Balance of requirements
@ 14c. per 26 oz. bottle
delivered
Total requirements @ 14.
per 26 oz. bottle, deliverd
do. do.

JOSEPH DEW & SON.

KEROSENE OIL.

At current wholesale price, less duty and less 24%
Administrator's Office,



7 July, 1955.)

TRAFFIO NOTICE.

By virtue of the powers vested in
me under Section 75 (1) of the
Vehicles and Road Traffic Ordinance
No. 5 of 1946, as amended by Section
10 of the Vehicles and Road Traffic
(Amendment) Ordinance No. 22 of
1954, I hereby deolare that all traffic
signs on or near any roadway in
this Presidency are authorised and
retained by me. ;

E. M. V. JAmgzs, Lt. Col.,
Traffic Commissioner.

28th June, 1955.
Ref. No. 36/00004.

SCHOLARSHIPS.

It is hereby notified for general
information that an examination tor
a number of Government Scholar-
ships to the Antigua Grammar School
and the Antigua Girls’ High School
will be held at the St. John’s Boys’
Schoolroom on Thursday Ist Septem-
ber, 1955.

QUALIFICATION OF CANDIDATES.

2. Candidates shall be quulified to
take the examination who:—

(a) will be over 9 but Jess than
13 years of age on 31st December,
1955;

(6) have attended a school in the
Colony for a period of three years
immediately preceding the 31st

December, 1955 the last twelve
months being at a school in
Antigua;

(0) are in need of financial agsist-
ance to enter upon and complete a
secondary school course;

(ad) are British subjects.

THE LEEWARD ISLANDS GAZETTE.

APPLICATIONS.

3. Applications must be made to
the Inspector of Schools not later
than Saturday 13th August, 1955.

Application must be accompanied
by a birth or baptismal certificate, a
medical certificate of good health,
certificate from Head Teachers of
Schools certifying regular attendance
for the three previous years and good
behaviour of the candidate, and
evidence of the need for financial
assistance to parents or guardians to
pay for secondary education.

Application forms can be obtained
from the Inspector of Schools.

HX AMINATION.

4. (a) Arithmetic, including nu-
meration and notation, length, time,
weight (English Units) Money
(English and American Units), and
the application of the four rules to
them with simple, vulgar and deci-
mal fractions.

(6) (i) English Test of candidates
comprehension of a short
story read to or by them.

(ii) Simple exercise in English
Grammar.

(ec) Writing from Dictation.

(d) West Indian
Geography.

P. A. W. GORDON,
Inspector of Schools.

History and



Vacant Post of Sanitary
Superintendent, St. Vincent,
B. W. I.

Applications are invited for the
post of Sanitary Superintendent in
the Medical Department, Saint Vin-
cent, British West Indies.



ANTIGUA.

_Sanitary Inspectors

111

2. Candidates must’ possess the
Certificate of
the Royal Sanitary Institute. They
should have a working knowledge of
the construction and maintonance of
smal] rural water supplies, drainage
and the construction of drains. They
should also be able to read building
plans and be familiar with the
construction of houses. Cundidates
should mention whether they have
had experience in a Government or
Municipal Health Department in the
West Indies.

3. The duties of the post include
general supervision of the work of
the Sanitary Staff: general supervision
of the various scavenging services and
sanitary measures of the Colony:
general maintenance of small rural
water supplies: and checking building
plans for rural areas not under control
of the Central Housing and Planning
Authority.

All duties will be performed under
the direction of the Senior Medical
Officer.

4. The salary of the post, which is
pensionable, is in the svale $2304x
$96-$2784, Transport allowance for
the maintenance of a motor car for
the performance of official duties will
be paid at approved local rates.

5. Quarters are not provided. Gov-
ernment officials are liable to taxation
imposed by local enactments.

6. Applications accompanied by
copies of recent testimonials (pref-
erably from Public Health Officers)
should be addressed to the Senior
Medical Officer, Saint Vincent, and
should be submitted to reach him not
later than 31st Jnly, 1955.

Government Office,
Saint Vincent,
20th June, 1955.

Ref. No. 13/00286,

Priz:ted at the Government Printing Office, Leeward Islunds, by E, M. BLACKMAN,

Government Printer.—By Authority
1955

[Price 72 cents]



No. 1 of 1955. Harbour Launches
(Amendment)

[L.S.]
I Assent,
P. D. Macponatp,
Governor’s Deputy.
14th June, 1955.

{14th June, 1955.]

ANTIGUA.
No. 1 of 1955.

An Ordinance to amend further the Harbour
Launches Ordinance, 1919.

ENACTED by the Legislature of Antigua
_ as follows:—

1. This Ordinance may be cited as the
Harbour Launches (Amendment) Ordinance,
1955 and shall be read as one with the Harbour
Launches Ordinance, 1919as amended, herein-
after called the Principal Ordinance.

2. Section 8 of the Principal Ordinance is
hereby amended by—

(a) the re-lettering of paragraph (/)
of the section as paragraph (,) thereof; and

(6) the insertion therein of the follow-
ing as paragraph (/'):—

““(7) prescribe the arrangements
to be made for the carriage of the
passengers’ Inggage and prohibit the

x carriage of passengers’ luggage in any
place not appointed therefor;”.

3 28. 72-47
LYSATES

ANTIGUA.



a

Short title.

3/1919,
5/1928.
7/1928,

Amendment
of section 3 of
Principal
Ordinance.



Anrigua. — 2 Harbour Launches No. 1 of 1956.
(Amendment ).
"Insertion of 8. The following shall be inserted in the

tion $A i a E :
Breeton _* . Principal Ordinance next after section 4 as sec-
wf yOrinance. * tion 4A:— ,
ra “e
: oy

eum

er.
Â¥.

pig aed 4A. Any complaint in respect of a
proses’ breach of any regulation made under this
Ordinance may he laid or made by the

Harbour Master.”’

tt cae
.

e
-
7
t

ALEC LOVELACE,
President.

'Passed the Legislative Council this 5th
' day of May, 1955. .

J. L. Roginson,
Clerk of. the Council.

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

—500 —7.55. (Price 4 cents. |



No. 2 of 1955. Industrial Development
(Amendment).

[L.8.]
I Assent,
P. D. Macpona.p,
Governor’s Deputy.
14th June, 1955.

[14th June, 1955. |

ANTIGUA..
No. 2 of 1955.

An Ordinance to amend the Industrial Development
Ordinance, 1953 (No. 13 of 1953).

ENACTED by the Legislature of Antigua as
follows:—

1. This Ordinance may be cited as the
Industrial Development (Amendment) Ordinance,
1955, and shall be read as one with the Industrial
Development Ordinance, 1953, hereinafter called
the Principal Ordinance.

2. Section 2 of the Principal Ordinance is
hereby amended as follows:—

(a) by the deletion of the definition of
the word “ Administrator ”;

(6) by the substitution of the words

‘Chief Accountant’? for the word “ Treas-

urer”’.

8. Subsection (6) of section 4 of the
Principal Ordinance is hereby amended by the
substitution of the word ‘“ Governor” for the word
‘* Administrator ”’.

ANTIGUA.

Short title.

13/1953.

Amendment of
section 2 of
Principal

Ordinance.

Amendment of
section 4 of
the Principal
Ordinance,



Antigua. 2 Industrial Develonment No. 2 of 1955.
(Amendment).

Amendment of 4. Section & of the Principal Ordinance is
section 8 of , P

‘the Principal ereby amended as follows:—

Ordinance.

(a) by the substitution for subsection (3)
thereof the following:—

“*(3) The decisions of the Board at
a meeting shall be by majority of votes:

Provided that, in any case in which
the voting shall be equal, the chairman
shall have a second or casting vote.”

(b) by the substitution of the word
“Governor” for the word “ Administrator ”’
in subsection (4) thereof

Amendment of 5. Subsection (5) of section 9 of the Princi-
Pa pal Ordinance is hereby amended by the insertion
Ordinance. next after the word “ Ordinance” of the following

words:—

‘“‘and shall be liable on summary convic-
tion to a fine not exceeding five hundred
dollars or to imprisonment with or without
hard labour for a term not exceeding six
months”

Amendment of 6. Subsections (1) and (2) of section 13 of
Peasial of the Principal Ordinance are hereby amended by
Ordinance. = the substitution of the words ‘“ Chicf Accountant”

for the word ‘“ Treasurer ’’.

Amendment of 7. Section 19 of the Principal Ordinance is
section 19 of ~~ hereby amended ak follows:—

Principal

Ordinance.

(a) by renumbering subsection (1) there-
of as section 19;

(b) by the deletion of subsection (2)

thereof.
Substitution 8. The following section is hereby substitu-
of section 20 : = be te A 7
of Principal ted for section 20 of the Principal Ordinance:—
Ordinance.
“Fiat of 20. Proceedings for offences arising out
Crown Attor- eres as : H
hey: of the provisions of this Ordinance or in

connection with any loan made hereunder



No. 2 of 1955. industria? Development 3
(Amendment).

shall not be instituted without the consent in

writing of the Crown . Attorney of the
Presidency.”

Arc LovELace,
President.

Passed the Legislative Council the 5th day
of May, 1955.

J. L. Rosiyson,
Clerk of the Council.

: ANTIQUA.
‘Printed at the Government Printing Office, Leeward Islands
by E. M. Buackman, Government Printer._-By Authority.
19655.
500—7.55. [Price 5 cents]



iv Bae





No. 3 of 1955. Excise (Amendment).

[L.S.]
I Assent,
P. D. Macpona.p,
Governor’s Deputy.
14th June, 1955.

[14th June, 1955.]

ANTIGUA.
No. 3 of 1955.

An Ordinance to amend further the Excise
Ordinance, 1903.

ENACTED by the Legislature of Antigua

a> follows: —

1. This Ordinance may be cited as the
Excise (Amendment) Ordinance, 1955, and shall
be read as one with the Excise Ordinance, 1903,
as amended, hereinafter called the Principal
Ordinance. ‘

2. The Principal Ordinance is hereby
amended by the insertion therein immediately after
section 16 of the following as sections 16A, 16B,
16C, 16D, 166 and 16F respectively :—

“16A. In every distillery the capacity of
every package shall be calculated by reference
to the weight and hydrometer indication of
the spirits contained therein by means of the
tables prepared for use with Sykes’ hy drometer
for the purpose.

ANTIQUA.

Short title.

13/1908.

Insertion of
new sections
in Principal
Ordinance,

Mode of
ascertaining
capacity of
packages
contuining
spirits at

a distillery.



AATIGUS.

Distiller
to provide
scales and
weights.

Description
of scales and
weight.

Custody of
scales and
weights,

Officer to use
scales and
weights,

. Offences in
regard to
scales and
weights,

9

Excise (Amendment). No. 3 of 1955.

16B. Every distiller shall provide
sufficient and just scales and weights for the
purpose of weighing spirits in his store, stock,
or possession, and any package used for the
purpose of containing any such spirits.

16C. The scales shall be ordinary beam
scales capable of weighing twelve hundred-
weight, and the weights shall be a complete
set of the Imperial Standard weights capable
of weighing to the nearest pound any weight
up to twelve hundredweight.

16D. Every distiller shall maintain and
keep the scales and weights aforesaid in such
proper and convenient place in his spirit store
as the Collector of Customs may direct, and
so that the same shall be at all times ready
for the inspection and use of the proper
officer.

16K. Every distiller shall permit any
officer to use such scales and weights as are
specified in section 16A of this Ordinance
for the purposes of this Ordinance and shall,
with his servants and workmen, ‘whenever
required by any officer, weigh and assist in
weighing and in taking account of any
spirits in his store, stock or possession.

16F. (1) If any distiller refuses or
neglects to comply with any of the provisions
of section 16B, 16D or 16E of this Ordi-
nance, he’shall be liable to a penalty of one-
hundred dollars.

(2) If any distiller—

(a) provides, or uses, or permits to
be used any insufficient, false, or unjust
scales or weights contrary to the pro-
visions of this Ordinance; or

(6) practises any device or con-
-trivance by which any officer may be
prevented from or hindered or deceived
in taking the just and true quantity or



No. 3 of 1955. Excise (Amendment). 3

weight of any ‘spirits or of anv package
in any distillery or store adjacent thereto,
he shall be liable to a penalty of one
thousand dollars and in addition all
such false or unjust scales and weights

shall be forfeited.

The Principal Ordinance is hereby
further Amneried by the insertion therein imme-
diately after section 51 of the following as
section 51 A:—

51A. In respect of every removal of
spirits from a distillery or store adjacent
thereto there shall be paid by the distiller
to the Collector of Customs for the use of
the Presidency a charge of fifty cents for the
first half of an hour or part thereof and
twenty-five cents for each subsequent quarter
of an hour or part thereof during which
an officer is present and eupervising such
removal. i ;

4. SeGtion 80 of the Principal Ordinance
is hereby amended by the insertion of the words
‘‘and scales and weights forfeited” between the
word ‘forfeiture’? and the word “under”
appearing in line 4 thereof. :

Aurec LovELAcsg,
President.

Passed the Legislative Council the 5th day
of May, 1955.

J. L. Ropinson,
Clerk of,theiCouncil.

ANTIQUA.



ANTIGUA.

Insertion of
new section
514 in
Principal
Ordinance,

Charge for
services of
officers,

Amendment
of section 80
of Principal
Ordinance.

Prinwd at the Government Printing Office, Leeward Islands,
by E. M. Buackman, E.D.. Government Printer.— By Authority.
1955,

—500-—7.55.

[ Price 5 cents]



fe

rs

ey





No. 4 of 1955. Prison. - ANTIQUA.

[LS.]
I ASSENT,
’ P. D. MacnonaLp,
Governor’s Deputy.
14th June, 1955

[ By Proclamation. |

ANTIGUA.
No. 4 of 1955.

An Ordinance to provide for the establishment,
management, supervision and control of Pris-
ons in the Presidency.

ENACTED by the ‘Legislature of Antigua as

as follows:—

1. This Ordinance may be cited as the Prison Short title
Ordinance, 1955, and shall come into operation on 8"¢ Com. |
a date to be fixed by the Governor by Proclamation
published in the Gazette.

2. In this Ordinance unless the context Interpreta-
requires— ae

“prisoner”? means any person lawfully sen-
tenced or ordered to be imprisoned or
detained in prison;

“ prison” means gaol, and includes the airing
ground or other ground or buildings
occupied by prison officers and contiguous
thereto and any other place which the
Governor shall by proclamation published
in the Gazette declare to be a prison.



ANTIGUA.

Presidency
to provide
and maintain
prison,

Power to alter
prisons and
build new
ones.

Closing of
prisons.

Visiting
Committee.

2 Prison. No. 4 of 1955.

Provision, MAINTENANCE AND
CLOSING OF Prisons.

8. There shall be provided and maintained
at the expense of the Presidency, adequate accom-
modation for its prisoners in a prison: |

Provided however that the buildings and
premises in the Presidency now used as a prison
shall continue to be used as the prison for the
Presidency.

4. The Governor may with the approval of
the Legislative Council alter, enlarge or rebuild any

~ prison in the Presidency or may, if necessary. build
p ) 3

new prisons in lieu of or in addition to any existing
prisons.

5. (1) The Governor may at any time by
proclamation declare any prison in the Presidency
to be closed; and every prison which the Governor
shall so declare to be closed shall, as from the date
of the proclamation, cease to be used as a prison
accordingly.

(2) Persons committed to any prison closed
under this section shall, upon the closing of such
prison, be deemed to be committed to the prison
nearest’ thereto, or to such other prison as the
Governor may appoint or determine. no

Visiting CoMMITTER.

6. (1) Rules made under section 27 of this
Ordinance shall provide for the constitution by the
Governor of a visiting committee of a prison
consisting of Justices of the Peace of the Presidency
appointed at such times, in such manner and for |
such periods as may be prescribed by the Rules.

(2) Rules made as aforesaid shall prescribe the
functions of the visiting committee and shall among
other things require members to pay frequent visits
to a prison and hear any complaints which may be
made by the prisoners, to consider periodically
the character, conduct and prospects of each pris-
oner and report to the Governor any matter which
they consider it expedient to report; and any



No. 4 of 1955.' Prison. 38 ANTIGUA.

member of the visiting committee may at any time
enter the prison and shall have free nccess to every
part of it and to every prisoner.

Prison OFFIcERs.

7. (1) The Governor shall appoint an officer Prison
with such title as he may approve who shall be in *"*
charge of the prison in the Presidency and shall
superintend and manage the same.

(2) In addition to the officer appointed under
subsection (1) of this section the Governor shall
appoint such other officers including an honorary
chaplain, as may be necessary, for the efficient
management of the prison.

(3) The duties of the officers appointed by
virtue of subsections (1) and (2) of this section
shall be such as may be prescribed by Rules made
under section 27 of this Ordinance.

8. Every male prison oificer while acting as Powers of
such shall have all the powers, authority, protection vce
and privileges of a constable.

CONFINEMENT AND TREATMENT OF PRISONERS.

9. (1) A prisoner, whether sentenced to Place of con-
Imprisonment or committed to prison on remand or ae
pending trial or otherwise, may be lawfully confined
In any prison.

(2) Prisoners shall be committed to such pris-
ons as the Governor may from time to time direct;
and may by direction of the Governor be removed
during the term of their imprisonment from the
prison in which they are confined to any other
prison in the Presidency.

(3) A writ, warrant or other legal instrument
addressed to the officer in charge of a prison and |
identifying that prison by its situation or by any
other sufficient description shall not be invalidated
by reason only that the prison is usually known by
a different description.

10. (1) Every prisoner shall be deemed to Legal custody
be in the legal custody of the officer in charge of the °f P™isoner-
prison.



ANTIGUA.

Corporal
punishment
in prisons.

4 Prison. No. 4 of 1955.

(2) A prisoner shall be deemed to be in legal
custody while he is confined in, or is being taken to
or from, any prison and while he is working, or is
for «any other reason, outside the prison’ in the
custody or under the control of an officer of the
prison.

11. (1) Except as provided by this section,
corporal punishment shall not be inflicted in any
prison.

(2) Rules made under section 27 of this
Ordinance may authorise the infliction of corporal
punishment for mutiny, incitement to mutiny, or
gross personal violence to an officer of a prison
when committed by a male prisoner.

(3) The rules shall not authorise the infliction
of corporal punishment except by order of the

visiting committee made at a meeting at which not

less than two thirds of the members are present;
and no such order shall be made except after an
inquiry in which the evidence is given on oath:

Provided that the Governor may, if he thinks
fit in any particular case, direct that the functions
exercisable as aforesaid by the visiting committee
shall be exercised by a magistrate appointed by him
in that behalf.

(4) The punishment which may be inflicted
under such an order ag aforesaid shall not exceed—

(a) in the case of a person appearing to
the visiting committee or magistrate to be not
less than twenty-one years of age, eighteen
strokes of a cat-o’-nine-tails or tamarind rod; or

(6) in the case of a person appearing to
them or him to be under that age, twelve
strokes of a tamarind rod,

and if corporal punishment is inflicted, no further
punishment by way of confinement in cells or
restricted diet shall be imposed.

(5) Where an order for the infliction of
corporal punishment has been made under this
section, a copy of the notes of the evidence given

J



No. 4 of 1955. Prison. 5

at the inquiry, «copy of the order and a statement
of the grounds on which it was made shall forth-
with be given to the Governor; and the order shall
be carried into effect only after confirmation by
the Governor and, if the Governor confirms the
order with modifications, in accordance with the
modifications.

(6) A refusal by the Governor to confirm such
an order as aforesaid shall not prejudice any power

to impose another punishment for the offence for”

which the order was made.

12. ‘The officer in charge of every prison in
which persons conrmitted for trial before a Circuit
Court are confined shall deliver to that Court a
calendar of those persons.

18. (1) Rules made under section 27 of this
Ordinance may provide in what manner an appellant
within the meaning of the Windward Islands and
Leeward [glands Court of Appeal Rules, 1940,
when in custody, is to be taken to, kept in custody
at, and brought back from, any place at which he is
entitled to be present for the purposes of those rules,
or any place to which the Court of Appeal for the
Windward Islands and Leeward Islands or any
judge thereof may order him to be taken for the
purpose of any proceedings of that Court.

(2) The Governor may—

(a) if he is satisfied that the attendance
at any place in the Presidency of a person
detained in a prison in the Presidency is
desirable in the interests of justice or for the
purposes of any public inquiry, direct him to
be taken to that place;

(6) if he is satisfied that a person so
detained requires medical or surgical treatment
of any description, direct him to be taken to a

_ hospital or other suitable place for the purpose
of the treatment,

and where any person is directed under this sub-
section to be taken to any place he shall, unless the
Governor otherwise directs, be kept in custody

AXTIGUA.

Duty of
officer in
charge to
deliver
calendar of
prisoners.

Removal of
prisoners for
judicial and
other pur-

(General
Government).



\

Anriaua.

Removal of
prisoners
from prison
in one Presi-
dency to
prison

in another
Prasidency,

Calculation
of term of
sentence,

Remiesion
for good
conduct and
award of
gratuities.

6 ' Prison. No. 4 of 19565.

while being so taken, while at that place, and while

being taken back to the prison in which he is
required in accordance with law to be detained.

(3) Itshall be lawful for any magistrate, in
any case where he may see fit to do so, upon
application to issue a warrant or order under his
hand for any prisoner.to be taken from the
prison to his Court for the purpose of answering
any charge that may be preferred against him.

14. The Governor may by writing under
his hand order any prisoner in the Presidency to
be removed to a prison in another Presidency
there to undergo the period of his imprisonment
or detention:

Provided lowever that ne order shall -be
made under this section unless the consent of
the Government of the Presidency to which the
prisoner is to be removed has been tirst obtained.

15. (1) In any sentence of imprisonment
the word “month” shall, unless the contrary —
is expressed, be construed as meaning calendar
month.

(2) A prisoner who but for this subsection
would be discharged on a Sunday, Christmas Day
or Good Friday, shall be discharged on the day
next preceding.

16. (1) Rules made under section 27 of
this Ordinance may make provision whereby, in
such circumstances as may be prescribed by the
rules, a person serving a sentence of imprison-
ment for such a term as may be so prescribed
may be granted remission of such part of that
sentence ax may be so prescribed on the ground
of his industry and good conduct, and on the .
discharge of a person from prison in pursuance
of any such remission as aforesaid his sentence
shall expire. j

(2) Rules made as aforesaid may also
provide for the award of gratuities on their
discharge to prisoners who have been sentenced
to imprisonment with hard labour for a term of
or exceeding twelve months. '



No. 4 of 1955. Prison. 7

17. (1) If the Governor is satisfied that by
reason of the condition of a prisoner’s health it is
undesirable to detain him in prison, but that,
such condition of health being due in whole
or in part to the prisoner’s own conduct in
prison, it is desirabie that his release should be
temporary and conditional only, the Governor
may, if he thinks fit having regard to all the
circumstances of the case, by Order authorise the
temporary discharge of the prisoner for such
period and subject to such conditions as may be
stated in the order.

(2) Where an order of temporary discharge
is made in the case of a prisoner not under sentence,
the order shall contain conditions requiring the
attendance of the prisoner at any further proceed-
ings on his case at which his presence may be
required.

(3) Any prisoner discharged under this section
shall comply with any conditions stated in the
order of temporary discharge, and shall return to
prison at thé expiration of the period stated in the
order, or of such extended period as may be fixed
by any subsequent order of the Governor, and if the
prisoner fails so to comply or return, he may be
arrested without warrant and taken back to prison.

(4) Where a prisoner under sentence is dis-
charged in pursuance of an order of temporary
discharge, the currency of the sentence shall be
suspended from the day on which he is discharged
from prison under the order to the day on which
he is received back into prison, so that the former
day shall be reckoned and the latter shall not be
reckoned as part of the sentence.

(5) Nothing in this section shall affect the

duties of the medical officer of a prison in respect
of a prisoner whom the Governor does not think fit
to discharge under this section.

OFFENCES.
18. Every prisoner who—

(a) escapes or attempts to escape from
any prison wherein he is lawfully confined; or

ANTIGUA.

Power of
Governor to
discharge
prisoners
temporarily
on account
of ill health,

Escape,
attempt to
escape, and
prison breach.



ANTIGUA.

Rescue, or
promotion of
rescue, of
prisoners.

Wilfully

- permitting

prisoner to
escape.

Negligently
permitting
prisoner to
escape,

Assaulting
or resisting
prison
officers,

8 Prison. No. 4 of 1955.

(6) escapes or attempts to escape during
the time of his conveyance to or from 4 prison,
or whilst on his way to or from any road or
public work, or during the time of his
employment therein; or

(c) forcibly breaks out of any cell or
other place in which he is lawfully confined or
makes any breach therein with intent to escape,

shall be guilty of an offence against this Ordinance
and on conviction thereof on indictment be liable
to imprisonment for a period not exceeding two
years.

19. Every person who rescues, or attempts
to rescue any person who has been convicted, or
who is in custody, on a charge of felony, shall be
guilty of felony and shall be liable to be imprisoned,
with or without hard labour, for any term not ex-
ceeding three years; and every person who rescues,
or attempts to rescue, any person who has been
convicted, or who is in custody, on a criminal
charge other than felony, shall be guilty of a mis-
demeanour, and shall be liable to be imprisoned,
with or without hard labour, for any term not ex-
ceeding eighteen months; and all persons aiding,
assisting or abetting the commission of any such
offence as aforesaid shall be liable to be prosecuted
and punished in the same manner as principals.

20. Every person having the custody of a
prisoner, who shall knowingly and wilfully allow
him to escape, shall be liable to be imprisoned,
with or without hard labour, for any term not ex-
ceeding two years.

21. Every person having the custody of a
prisoner, who, through negligence or carelessness,
allows any such prisoner to escape, shall be liable
to fine or imprisénment, or both, at the discretion
of the Court.

22. Any person who assaults or resists any
prison officer in the execution of his duty, or aids
or excites any person so to assault or resist any
such officer shall be liable on summary conviction
to a penalty not exceeding one hundred dollars,



No. 4 of 1958. Prison. 9 ANTIGUA.

or to imprisonment, with or without hard labour,
for any term not exceeding two months; or, if the
offender -be a prisoner, he shall be liable, on
conviction on indictment, to be imprisoned, with
or without hard labour, for any term not exceeding
one year;

° Provided however that no prisoner shall be
liable both to punishment under this section ‘and
section 11 of this Ordinance for an assault against
a prison officer.

23. Any person who atds any prisoner in
escaping or attempting to.escape from a prison or
who, with intent to facilitate the escape of any
prisoner, conveys any thing into a prison or to a
prisoner or places any thing anywhere outside a
prison with a view to its coming into the posses-
sion of a prisoner, shall be guilty of felony and
liable to imprisonment for a term not exceeding
two years.

24. Any person who contrary to the rules
of a prison brings or attempts to bring into the
prison or to a prisoner any spirituous or fermented
liquor or tobacco, or places any such liquor or any
tobacco anywhere outside the prison with intent
that it shall come into the possession of a prisoner,
and any officer who contrary to those rules allows
any such liquor or any tobacco to be sold or used
in the prison, shall be liable on summary convic-
tion to imprisonment for a term not exceeding six
months or a fine not exceeding one hundred
dollars.

25. Any person who contrary to the rules
of a prison conveys or attempts to convey any let-
ter or any other thing into or out of the prison or
to a prisoner or places it anywhere outside the
prison with intent that it shall come into the pos-
sexsion of a prisoner shall, where he is not thereby
guilty of an offence under either section 23 or
section 24 of this Ordinance be liable on sur mary
conviction to a fine not exceeding fifty dollars, |

Assisting
prisoner to
escape,

Unlawful
conveyance
of spirits or
tobacco into
prison etc,

Unlawful
introduction
of other
articles.



ANTIGUA.

Display of
notice of
penalties.

Power to
make Rules.
1 & 2 Vict,
ce, 67
(Imperial)

19 Prison. No. 4 of 1955.

26. The officer in charge of every prison
, shall cause to be affixed in a conspicuous place out-
side such prison a notice of the penalties to which
persons committing offences under sections 238, 24
and 25 of this Ordinance are liable.

Ro es.

27. (1) Subject to the provisions of the
West Indian Prisons Act 1888, the Governor-in-
Council may make rules for the regulation and
management of prisons, the conduct, discipline
and duties of the officers employed therein, and the
classification, treatment, employment, discipline
and control of prisoners.

(2) Rules made under this section shall make
provision for ensuring that a person who is charged
with any offence under the rules shall be given a
proper opportunity of presenting his case.

ALEC LovELACcE,
President.
Passed the Legislative Council this 5th day
of May, 1955.

J. L. Roxinson,
Clerk of the Councti.

ANTIGUA.

Printed at the Government Printing Office, Leeward. Islands.
by E, M. Bhackmayn, Government Printer._-By Authority.

500—7.55.

1956,
[Price 12 cents.]



No. 5 of 1955. Defence Force.
[L.8.]

I Assent,
P. D. Macponatp,
Governor’s Deputy.
17th June, 1955.

[By Proclamation ]

ANTIGUA.
No. 5 of 1955.

An Ordinance to repeal and replace the Defence
Force Ordinance and to make more suitable
provisions for the control, training and
discipline of the Antigua Defence Force and
for other matters connected therewith.

-ENACTED by the Legislature of Antigua.

1. This Ordinance may be cited as the
Defence Force Ordinance, 1955.

2. In this Ordinance—

‘appointments ” includes accoutrements and
equipment of every kind other than
clothing;

‘“‘Army Act” means the Army Act for the
time being in force in England and
includes the articles of war for the time
being in force made under the authority
of that Act;

“ Commandant” means Commandant ot the
Force;

ANTIGUA,

.

Short title.

Interpretation.



ANTIGUA.

Constitution
of Defonce
Force.

Service in De-
fence Force to
be voluntary.

Commandant
of the Force.

Gommanding
Officer.

224 Dejince Force. No. 5 of 1955.

“Commanding Officer” means the Command-
ing Officer of the Force;

“the F orce ” means the Antigua Defence
Force constituted by this Ordinance;

““member of the Force” includes an Officer, a
non-commissioned officer and a volunteer;

‘““Officer”” means a member of the Force
holding the Governor’s Commission as an
officer of the Force;

““Qther ranks’ means non-commissioned
officers and volunteers;

‘“ Regulations” means regulations made under
Section 25 of this Ordinance.

3. The Force shall consist of such number
of units whether Infantry or otherwise, as the
Governor shall consider necessary and commensu-
rate with the needs of the Presidency.

4. Subject to the provisions of this Ordi-
nance and of the Regulations no person shall. be
under any obligation to serve in-the Force and no
person who serves in the Force shall receive any
pay or allowance in respect of such service.

5. The Governor by commission may appoint
a Commandant of the Force who shall hold such
rank in the Force as the Governor may direct and
who shall, during such appointment, be responsible
to the Governor for the efficient conduct of the
Force, and for the proper expenditure of all public
moneys appropriated for the service thereof.

6. (1) The Governor shall/by commission
under his hand appoint a fit and proper person to
be the Commanding Officer of the Force.

(2) [he Commanding Officer shall hold such
rank in the Force as the Governor may confer
on him.

(3) The Commanding Officer—



No. 5 of 1955. Defence Force. 3

(a) where no Commandant is appointed,
shall, subject to any general orders and
directions which the Governor may give, be
responsible to the Governor for the efficient
conduct of the Force, and for the proper
expenditure of all public moneys appropriated
for the service thereof; and

(6) shall, at ull times, be responsible for
the maintenance of discipline, and for the
training of the Force and its readiness for
duty in an emergency.

7. The Governor shall, by commission under
his hand, appoint fit and proper persons to be
Officers of the Force and such Officers shall hold
such rank as the Governor may from time to time
think proper.

8. The Commanding Officer shall, with the
approval of the Governor, from time to time
appoint such number of non-commissioned officers
of the Force as may be necessary and may promote
any non-commissioned officer to any vacancy asa
" non-commissioned officer.

9. There shall be such number of volunteers
of the Force as the Governor may from time to
time direct.

10. The Commanding Officer may, with the
approval of the Governor, appoint from members
of the Force such clerks, store-keepers and other
employees as may be necessary.

11. The conditions under which an Officer
may cease to be an Officer, either by resignation or
by removal of his name from the list of Officers,
shall be as are prescribed.

12. (1) Subject to the provisions of this
Ordinance and of the Regulations, any male British
subject who—

(a) has attained the age of eighteen years
andShas not attained the age of thirty-eighc
years; or

ANTIGUA.

Officers.

Non-commis-
sioned officers.

Volunteers,

Clerks, store-
keepers and
other employ-
ees.

Resignation
of Officer.

Enlistment.
term of service
and discharge.



ANTIGUA.

4 Defence Force. No. 5 of 1955.

{

(6) has attained the age of seventeen
years and has not attained the age of eighteen
years, and has obtained the consent of his
parent or guardian to his enlistment; and

(c) is of good character; and

(d) is passed in the prescribed manner as
being physically fit for general service;

may enlist in the Force.

~ (2) Such enlistment shall be to serve for a
period of three years, reckoned from the date of
his attestation.

(3) Any non-commissioned officer or volun-
teer of the Force may, within twelve months before
the end of his current term of service, from time to
time be re-engaged to serve for a period of one
year, two years, or three years, from the end of
that term as he thinks fit.

(4) Every non-commissioned officer or volun-
teer shall, until duly discharged in the prescribed
manner, remain subject to this Ordinance as a
non-commissioned officer or volunteer of the Force.

f

(5) Any non-commissioned officer or volun-
teer of the Force shall, except when a proclamation
under sub-section (1) of section 14 of this Ordi-
nance is in force, be entitled to be discharged before
the end of his current term of service on complying
with the following conditions:—

(a) giving to the Commanding Officer
three months’ notice in writing, or such less
notice as may be prescribed, of his desire to be
discharged: and

(6) delivering up in good order, fair
wear and tear only excepted, all arms, clothing
and appointments being public property,
issued to him, or in cases when for any
good and sufficient cause the delivery of such
property is impossible, on paying the. value
thereof;



No. 5 of 1955. - Defence Force. 5

Provided that the Commanding Officer may,
in any case in which it uppears that the reasons for
‘which the discharge is claimed are of sufficient
urgency or weight, dispense either wholly or in
part with above conditions or any of them..

(6) Any non-commissioned officer or volunteer
of the Force may be discharged by the Command-
ing Officer, after due investigation of the charge,
for disobedience to orders by such non-commis-
sioned officer or volunteer while doing any military
duty, or for neglect of duty, or for misconduct by
him as a non-commissioned officer or volunteer of
the Force, or for other sufficient cause;

/

Provided that any non-commissioned officer or
volunteer so discharged shall be entitled to appeal
to the Governor who may give such directions in
any such case as he may think just and proper.

(7) Where any such appeal is made the notes
of evidence taken at the investigation, together with
any statement which may be made by the offender
in his defence, shall be forwarded to the Governor.

(8) Where the time at which a non-commis-
sioned officer or volunteer of the Force would
otherwise be entitled to be discharged occurs while
i proclamation under subsection (1) of section 14
of this Ordinance is in force, he may be required to
prolong his service for such further period, not
exceeding twelve months, as the Governor may
order.

(9) A recruit may be attested by any Officer,
and re-engagement may take place before any
Officer not below the rank of Captain.

18. (1) Subject to the provisions of this
section, every Officer, non-commissioned officer and
volunteer of the Force shall, by way of annual
training,

(a) be trained for such period in every
year and at such times and places, in any part
of the Presidency as the Commanding Officer
may direct and may for that purpose be called
out once or oftener in every yeur:

ANTIQUA.

Annual
Training.



ANTIQUA.

Embodiment
of the Force.

"6 Defence Force. No. 5 of 1955.

Provided that the Governor may dispense in
anysyeur with such training;

(6) attend such number of drills and
fulfil suchjother conditions relating to training
as the Commanding Officer may direct:

Provided that the requirements of this section
may be dispensed with by the Commanding Offi-
cer, in whole or in part, in relation to any (Officer,
non-commissioned officer or volunteer.

(2) Nothing in this section shall be construed
as preventing an Officer, non-commissioned officer
or volunteer, with his own consent, in addition to
annual training, being called up by the Command-
ing Officer for the purpose of duty or instruction.

14. (1) When the Governor is satisfied—

(a) that there is imminent national dan-
ger or great emergency, or

(6) that there is actual or apprehended
civil disturbance in the Presidency,

he may, by Proclamation published in such manner
as he may deem sufficient for informing the
persons concerned, order the Commandant from
time to time to give, and when given to revoke or
vary, such directions a8 may seem necessary or
proper for embodying all or any part of the Force,
and in particular to make such special arrange-
ments as the Commandant may think proper with
regard to units or individuals whose services may
be required in other than a military capacity.

(2) Where such directions for the time being
direct the embodiment of any part of the Force, °
every Officer, non-commissioned officer and volun-
teer belonging to that part shal] attend at the place:
and time fixed by those directions, and after the
expiration of that time shall be deemed to be
embodied; and such Officers, non-commissioned
officers and volunteers are in this Ordinance
referred to as embodied or as the embodied part
of the Force.



No. 5 of 1955. Defence Force. 7 ANTIGUA.

(3) Where by Proclamation of the Governor
as provided in section 15 of this Ordinance it is
ordered that the Force be disemhodied, the Com-
mandant may from time to time, as he may think
expedient, give such directions as may seem
necessary or proper for disembodying any embod-
ied part or parts of the Force.

(4) Every order made and _ all directions given
under this section shall be obeyed as if enacted in
this Ordinance.

(5) In the case of a Proclamation under
paragraph (b) of subsection (1) of this section,
the members of the embodied Force or the embod-
ied part. or parts of the Force as the case may be,
shall have all the rights, powers, functions, duties,
privileges and immunities for the time being pos-
sessed by a member of the Leeward Islands
Police Force.

15. (1) The Governor may, by Proclama- Disembodi-
tion published in like manner as a Proclamation ment of the
made’ under sub-section (1) of section 14 of this
Ordinance order that the Force be disembodied.

(2) After the date fixed by such directions as
the Commandant may give by virtue of subsection
(3) of section 14 of this Ordinance for the
disembodiment of the Force or any part or parts
thereof, the Officers, non-commissioned officers
and volunteers of the Force or belonging to that
part or those parts of the Force, as the case may
be, which sre ordered to be disembodied, shall
thereupon be in the position of Officers, non-com-
missioned officers and volunteers of the Force
not embodied.

16. Every member of the Force shall be Uniforms,
provided with the prescribed uniform, arms and ae
equipment.

17. (1) Every member of the Force shall on Oaths of
appointment or enlistment or as soon thereafter as ek
is possible, take and subscribe the following Oath ‘
of Allegiance and Service—



ANTIGUA.

Force to be
subject to
military law
‘when being
trained, in-
struoted or
exercised, or
when embo-
died,

8 Defence Force. No. 5 of 1955.

"1 do swear that I will be
faithful and bear true allegiance to Her Majesty
Queen Elizabeth the Second Her Heirs and Suc-
cessors according to law, and that I will faithfully
serve Her Majesty in the Presidency of Antigua
for the defence thereof against all her enemies and
opposers whatsoever according to the conditions of
my service as a member of the Defence Force—So
help me God!”’.

(2) The oath shall be taken—

(a) in the case of the Commandant and
the Commanding Officer, before the Governor;
and

(6) in the case of any other Officer of the -
Force and Other ranks, before the Command-
ing Officer. ,

(3) Any person who would by law be permit-

ted to make a solemn affirmation instead of taking

an oath may make an affirmation, and the
affirmation shall, to’ all intents and purposes, be
of the same force and effect as if he had taken the
oath.

18. (1) The Officers and Other ranke of the
Force shall be subject to military law, practice and
procedure—

(a) when they are being trained, instruc-
ted or exercised ;

(6) when they are embodied in which
case they shall be deemed to be on active
service for the purposes of the Queen’s
Regulations.

(2) Subject to the provisions of this Ordi-
nance, Regulations may be made prescribing
what shall be military law, practice and pro-
cedure for the purposes of this section and where
such Regulations are not made or where on any
particular point they are silent the military law,
practice and procedure as contained in the Army
Act and in the Queen’s Regulations for the time
being in force shall be military law, practice and
procedure for the purposes of this section.

¢

7



\
No. 5 of 1955. Defence Force. | 9

19. Notices required in pursuance of this
Ordinance or of the egulations to be given to
Officers or Other ranks of the Force shall be
served or published in such manner as may be
prescribed, and, if so served or published, shall
be deemed to be sufficient notice.

20. (1) Any Officer, non-commissioned
officer or volunteer of the Force who without
leave lawfully granted or such sickness or other
reasonable excuse as may he allowed in the
_ prescribed manner, fails to appear at the time
and place appointed for assembling on embodi-
ment, shall be guilty, according to the circum-
stances, of deserting within the meaning of
section 12, or of absenting himself without leave

within the meaning of section 15, of the Army

Act, and shall whether otherwise subject to
military law or not, liable to be tried by court-
martial, and convicted and punished accordingly,
and may be taken into military custody.

(2) Sections 153 and 154 of the Army Act
shall apply with respect to deserters and desertion
and with respect to absentees without leave and
absence without leave within the meaning of this
section in like manner as they apply with respect
to deserters or absentees without leave and
desertion within the meaning of those sections
and any person who, knowing any Officer, non-

-commissioned officer or volunteer of the Force to
be a deserter or absentee without leave within
the meaning of this section or of the Army Act,
employs or continues to employ him, shall be
deemed to aid him in concealing himself within
the meaning of the first mentioned section.

(3) Any person who knowing any Officer,
non-commissioned officer or volunteer of the
Force to be a deserter or absentee without leave,
by any means whatsoever, conceals such Officer,
non-commissioned officer or volunteer of the
Force, or aids or assists him in concealing him-
self shall be liable, on summary conviction, to
imprisonment for a term not exceeding six
months or to a fine not exceeding one hundred
and twenty dollars.

ANTIGUA.

Service and
publication
of notices.

Failure to
attend ombod-
iment.



ANTI@UVA.

Failure to
fulfil training
conditions.

Wrongful
sale or other
disposition of
property.

Trial of
offences.

10 Defence Force. No. 5 of 1955.

(4) Where a non-commissioned officer or -
volunteer of the Force commits an offence under
this section, the time which may elapse between
the time of his committing the offence and the
time of his apprehension or voluntary surrender
shall not be taken into account in reckoning his °
service for the purpose of discharge,

21. Any non-commissioned officer or vol-
unteer of the Force who without leave lawfully
granted or such sickness or other reasonable
excuse as may lhe allowed in the prescribed
manner, fails to appear at the time and place
appuinted for annual training under paragraph
(a) of sub-subsection (1) of section 13 of this
Ordinance or fails to attend the number of drills
and fulfil the other conditions relating to annual
training as are prescribed, shall on a complaint by

‘the prescribed officer be liable on summary

conviction to a penalty not exceeding twenty-five
dollars.

22. Ifany person designedly makes away
with, sells, pawns, or wrongfully destroys or
damages, or negligently loses any article or thing
issued to him as an Officer, non-commissioned
officer or volunteer of the Force, or wrongfully
refuses or neylevts to deliver upon demand any
article or thing issued to him as such Officer,
non-commissioned officer or volunteer of the
Force, the value of such article or thing shall be
recoverable from him by suit before a court of
competent jurisdiction by the sergeant-major of
the Force or some person authorised in writing
for the purpose by the Commanding Officer; and
he shall also, for any such offence, be liable, on
summary conviction, toa penalty not exceeding
twenty-five dollars.

28. (1) Any offence under this Ordinance
which is cognizable by a court-martial shall also
be cognizable by a Magistrate's Court.

(2) Any person charged with any such
offence shall not be liable to be tried both by a
court-martial and by a Magistrate’s Court, but
may be tried by either of them as may be
prescribed:



No. 5 of 1955. Defence Force. 11

Provided thut a person who has been dealt
with summarily by the Commanding Officer shall
be deemed to have been tried by court-martial.

(3) Any person charged with an offence
under this Ordinance which, by virtue of this
section, is cugnizable by a Magistrate’s Court,
shall, on conviction by such Court, be liable to
imprisonment for three months or to a penalty
not exceeding one hundred dollars or to both such
imprisonment and penalty, but nothing in this
section shall affect the liability of a person
charged with any such offence to be taken into
military custody.

(4) Any offence which under this Ordinance
is punishable on conviction by court-martial,
shali, for all purposes of and incidental to the
arrest, trial and punishment of the offender,
including the summary dealing with the case by
the Commanding Officer, be deemed to be an
offence under the Army Act, with this modifica-
tion that any reference in that Act to forfeiture
und stoppages shall be construed to refer to such
forfeiture and stoppages as may be prescribed.

(5) Proceedings against an offender before
either a court-martial or the Commanding Officer
or a Magistrate’s Court, in respect of an offence
punishable under this Ordinance, and alleged to
have been committed by him when a non-com-
missioned officer or volunteer of the Force, may
be instituted whether the term of his service in
the Force has or has not expired.

(6) Where a non-commissioned officer or
volunteer of the Force is subject to military law
and is illegally absent from his duty, a court of
inquiry under section 72 of the Army Act may
be assembled after the expiration of twenty-one
days from the date of such absence, notwithstand-
ing that the period during which he was subject
to military law is less than twenty-one days or

‘has expired before the expiration of twenty-one
days.

ANTIGUA.



ANTIGUA.

Civil rights
and exemp-
tions,
10/1951.-

Regulations.

Orders,

.

12 Defence Force. No. 5 of 1955.

24. A member of the Force shall not be
deemed, by reason only of being such member
and receiving the benefits provided under this
Ordinance and the Regulations, to be the holder
of a public office within the meaning of the Anti-
gua Constitution and Elections Ordinance, 1951,
or any enactment amending or substituted for
the same.

25. Subject to the provisions of this Ordi-
nance, the Governor may make Regulations— .

(a) with respect to the manner in
which enlistment in the Force shall be made;

(6) with respect to the award of a dis-
ability pension, and the conditions upon
which such pension may be awarded, to any
member of the Force, who, without his own
default, is permanently injured in the actual
discharge of his duty as a member of the
Vorce by some injury specifically attribut-
able to the nature of his duty;

: (c) with respect to the government,
discipline leave and pay and allowances of
the Force;

(d) generally with respect to all other
matters and things relating to the Force.

26. (1) Subject to the provisions of Regula-
tions made under this Ordinance, the Comman-
dant may make Local Force Orders for the
administration, discipline and training of the -
Force.

(2) Subject to the provisions of Regulations
made under this Ordinance, and to Local Force
Orders made under sub-section (1) of this section,
the Commanding Officer may from time to time,
subject to the general direction of the Comman-
dant, make such Company Orders as the Com-
manding Officer may consider necessary for the
administration, discipline and training of the
Force. ne



No. 5 of 1955. Dejence Force. ‘ 13 ANTIGUA.

(3) Notice of Local Force Orders and
Company Orders shall be given to the Officers ,
and Other ranks of the Force affected.

27. (1) ‘here may be established a The Reserve.
Reserve which shall consist—

(a) of any person who was a member
of the Force and has ceased to be a member
thereof and whose application to become a
member of the Reserve has been approved
by the Commanding Officer; .

(6) of any person who has served in Her
Majesty’s Forces, and whose application in
writing to become a member of the Keserve
has been approved by the Governor;

(c) of any other person who applies in
writing and whom the Governor considers to
be a fit and proper person to be a member of
the Reserve.

(2) The Commanding Officer shall cause
to be kept a Register containing the names,
addresses and occupations of the members of the
Reserve, and there shall be a separate part of the

Register for a Reserve of Officers.

. (8) Section 14 of this Ordinance shall soni
to the Reserve in the same manner and to the
same extent as it applies to the Force; and where -
a proclamatiun under sub-section (1) of section
14 of this Ordinance as modified by this sub-sec-
tion applies to the Reserve the provisions of this
Ordinance relating to the Force shall mutatis
mutandis apply to the Reserve, but not otherwise.

28. (1) It shall be lawful for the Gover- Army _
nor on the directions of a Secretary of State, to Reservists.
call out the army reserve on permanent service,
and to convey, at the cost of the Imperial
Government, any men belonging to the army
reserve to such place as the Secretary of State
may direct.

(2) Every such person, when so called out
on permanent service, and pending his delivery
on board an aircraft or ship or to the Imperial
Authorities, shall, while so awaiting embarkation,
be subject to the provisions of this Ordinance
and of the Regulations.



ANTIGUA.

Repeal.
5/1912,
6/1912.
5/1929,

Commence
ment,

14 Defence Force. No. 5 of 1955.

29. The Defence Force Ordinance, 1912.
the Defence Reserve Ordinance, 1912 and the
Defence Force (remission of taxation) Ordinance,
1929 are hereby repealed.

30. This Ordinance shall come into opera-
tion on a date to be appointed by the Governor
by proclamation in the Gazette.

AuEec Lovenace,
President.

Passed the Legislative Council this 5th day
of May, 1955.

J. L. Rozrnsoy,
Clerk of the Council.

ANTIGUA.

Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackman, Government Printer.-_By Authority.

1955,
—500—7.55. _ Price 16 cenis.



No. 8 of 1955. British Caribican Shipping
(Agrecment).

[L.S.]
I AssENT,
P. D. Macponatp,
Governor’s Deputy.

7th June, 1955. |
MONTSERRAT.

No. 3 of 1985.

An Ordinance to ratify and give to the Agreement
of the Ist day of November, 1954 entered
into between the Governments of certain
Caribbean territories and the West Indian
Navigation Company Limited.

WHEREAS the Governments of Barbados,
British Guiana, Jamaica, Antigua, Montserrat,
St. Kitts-Nevis-Anguilla, Trinidad and Tobago,
Dominica, Grenada, St. Lucia and St. Vincent
(hereinafter called “the Governments”’)= have
agreed with the West Indian Navigation Company
Limited, a company incorporated in Trinidad
under the provisions of the Companies Ordinance,
Chapter 31 No. 1 of the Laws of the Colony of
Trinidad and Tobago that the Company shall
provide a regular inter-island shipping service to
serve the territories of the Governments in accord-
ance with the terms and conditions of the Agree-
ment set out in the Schedule to this Ordinance:

AND WHEREAS the Governor and Com-
mander-in-Chief of the Colony of Trinidad and
Tobago was by a Power of Attorney dated the
22nd day of September, 1954, nominated and
constituted and appointed the lawful attorney of
the Government of Montserrat for it and on its
behalf to execute the said Agreement:

AND WHEREAS the said Governor and
Commander-in-Chief of the Colony of Trinidad
and Tobago has by virtue of the powers conferred
on and vested in him by the said Power of
Attorney executed the said Agreement for and on
behalf of the Government of Montserrat on the
lst day of November, 1954.

MonTSERRAT,



MONTSERRAT.

2 British Car/bbean Shipping No. 3 of 1955.
(Agreement ).

AND WHERHAS the Government of Mont-
serrat having agreed and undertaken to ratify and
confirm the said Agreement as executed for it and
on its behalf it is expedient to make provision in
the Presidency to ratify and give effect to the said

’ Agreement.

Short title.

Interpreta-
tion.

Fulfilment of
Agreement.

Oontribution
to subsidy.

Duration of
Agreement
for purposes
of Ordinance.

ENACTED by the Legislature of Montserrat.

1. This Ordinance may be cited as the
British Caribbean Shipping (Agreement) Ordi-
nance, 1955. ~

2. In this Ordinance—

“the Agreement” means the Agreement set
out in the Schedule to this Ordinance;

“the Company” means the West Indies
Navigation Company Limited referred to
in the Agreement.

3. With a view to the fulfilment of the
Agreement in and by the Presidency the terms and
conditions of the Agreement are hereby ratified and
the provisions thereof insofar as they relate to the
Presidency shall have the force of law as if enacted
in this Ordinance.

4. The Treasurer shall, on the warrant of

the Governor, pay out of the revenue and other.

funds of the Presidency, in accurdance with the
terms and conditions of the Agreement, the pro-
portion of the annual sum specified in the Third
Schedule to the Agreement as being payable by

the Government of the Presidency to the Company.

5. (1) For the purposes of this Ordinance
the Agreement shall be deemed to be in force
unless and until the Governor with the advice of
the Executive Council by order declares that the
Agreement has céased or is for the purposes of this
Ordinance to be deemed to have ceased, to be in
force.

(2) An Order may be made under this section
declaring that the Agreement has ceased to be in
force if the Governor with the advice of the

‘



No. 8 of 1955. = British Cursbbeun Shipping 3 Montserrat,
(Agreement).

Executive Council is satisfied that the Agreement
has been determined in accordance with the terms
thereof.

SCHEDULE.



Approved on behalf of the. Approved on behalf of
Governments. the Company.
(Sgd.) C. Dr. L. INNISS (Sgd.) STANLEY S. STONE

Attorney General. Conveyancer.

AGREEMENT.

AN AGREEMENT made the First a of
November 1954 between His Excellency Major-
General Sir Husert Exvin Rance, G.C.M.G.,
-G.B.E., C.B., Governor and Commander-in-Chief -
of the Colony of Trinidad and Tobago acting
- herein for and_on behalf of the Governments: of
Barbados, British Guiana, Jamaica, Antigua, Mont-
serrat, St. Kitts-Nevis-Anguilla, Trinidad and
Tobago, Dominica, Grenada, St. Lucia and St.
Vincent (hereinafter called “the Governments ”)
having been duly suthorised for the purpose by
the Governments of the one part and WEST
INDIES NAVIGATION COMPANY LIMITED
a company incorporated in Trinidad under the
provisions of the Companies Ordinance Chapter 31
No. 1, of the Laws of the Colony of Trinidad and
Tobago and having its registered office at 72/74,
South Quay, in the City of Port-of-Spain in the
Island of Trinidad (hereinafter called “the
Company ”’) of the other part.

WHEREAS it is desirable to improve the
communications between the territories of the
British West Indies within the jurisdiction of the
Governments for the benefit of the citizens thereof
and their mutual trade and in particular to establish
a regular shipping service in addition to the sea
communications already in existence:

AND WHEREAS the Governments have
agreed between themselves to contribute with the
assistance for the time being of Her Majesty’s
Government in the United Kingdom in the pro-
portions specified in the Third Schedule hereto
towards the annual sum payable us hereinafter
provided by the Governments to the Company:



t

Montsmruat. 4 British Caribbean Shipping No. 3 of 1952.
( Agreemeni).

NOW IT IS HEREBY AGREED as
follows:—

1. This Agreement may be terminated by
either party giving to the other six months notice
in writing expiring on or at any time after the
third anniversary of a date fifteen days prior to
the first sailing from Port-of-Spain in accordance
with the First Schedule to this Agreement (herein-
after called “ the commencement date ”’)

2. This Agreement shall not be assigned or
sub-let to any person or Company without, the
previous consent in writing of the Governments
which consent shall not be unreasonably withheld.

3. (1) The Company shall introduce pro-
vide and maintain a regular service between the ©
scheduled ports for passengers and cargo (herein-
after called ‘‘ the said services ” and shall prosecute
the voyages with despatch and shall use its best
endeavours to complete fifteen and one half round
voyages per annum between the scheduled ports in
accordance with the time schedule prescribed by the
First Schedule hereto: Provided that

(i) the Company may at its discretion
but subject to the said services being
substantially maintained route the
ship or ships engaged thereon (here-
inafter called ‘‘ the said ships”) to
call at any unscheduled ports en
route to embark or disembark
passengers and/or to take on or
unload cargo;

(ii) for the purpose of dry docking or
other necessary measures to main-
tain the efficiency of the said ships
they may be diverted) to any
unscheduled port;

(iii) the Company shall in any emergency
or if the best interests of the service
as a whole so require have full
power as a temporary measure to
vary the route of the said ships and



No. 3 of 1955. British Caribbean Shipping 5 Mowrsrrrar.
( Agreement). '

to order or forbid them to enter any
port.

In the event of any such variation
of the said services the Company
shall inform the Governments forth-
with and shall so far as is reasonably
practicable operate feeder services so
as to mitigate any inconvenience to
users of the service caused by such
variation and shall use ‘its best
endeavours to restore the normal
service with the minimum delay ;

(iv) in the event of the facilities of any
port of call not enabling the said
ships to be turned round in accord-
ance with the normal custom of the
port having regard to the nature of
the service, the Company while
those circumstances continue may
omit, interrupt or modify the service
to that port and the Company shall

-forthwith inform the Governments ,
of the circumstances.

(2) The company shall be entitled, subject to
the provisions of Clause 9, to charge such passenger
fares, freight rates and other charges as may from
time to time be prescribed by the Company. In
fixing such fares rates and charges the Company
shall pay due regard to any representations from
time to time made by the Governmems with
respect thereto: Provided that the Company shall
be under no obligation to grant any special or
concessionary rates for the transport of passengers
or cargo.

4. (1) The Company shall provide for the
said services 5.3. “ Wingsang ” the specification of
which is set out in the Second Schedule hereto and
shall take all practicable measures to ensure that
she and any ship or ships provided by the Company
in substitution for her for the purpose of the said
services are kept in the condition necessary for the
efficient performance thereof: Provided that subject



MONTSERRAT.

6 British Caribbean Shipping No. 8 of 19385.
(Agreement).

to the provisions of this Agreement if for any
reason other than marine casualty (howsvever
caused) or the consequences of any hostilities or
warlike operations s.s. ‘‘ Wingsang” shall not be
available for the said services the Company shall
substitute therefor to the satisfaction of the
Governments another ship or ships to provide as
nearly as possible similar services and facilities.

(2) In the event of any suspension of the
said services arising from the failure to. provide or
delay in providing for the said services s.s. “ Wing-
sang’ or another ship or ships as provided by sub-
clause (1) of this clause, the liability of the

Governments for payment of the annual sum

payable under the provisions of Clause € hereof
shall be suspended during the period of such
suspension and the amount of such annual sum
shall abate pro rata. Suspension or abatement of
the annual payment in such circumstances shall not
prejudice the question whether the suspension of
the said services constitutes a contravention of this
Agreement but the amount by which the said
annual payment shall have been abated in pursu-
ance of the foregoing provision of this sub-clause
shall be set off against any damages accruing to the
Governments by reason of such suspension.

(3) In the event of any of the said ships
suffering a marine casualty (howsoever cnused) or
being damaged in consequence of any hostilities or
warlike operations the Company shall use its best
endeavours to procure her restoration to such
condition as aforesaid with the minimum delay.

(4) If in consequence of any such marine .
casualty’ or of hostilities, warlike operations,
revolution or civil commotion the said services are
interrupted or suspended the liability of the
Grovernments for payment of the annual sum pay-
able under the provisions of Clause 6 hereof shall
be suspended during the period of such interrup-
tion or suspension and the amount of such annual
sum shall abate pro rate and: the Company shall
not in respect of any such interruption or suspen-
sion be subject to any liability to the Governments

or to any penalty save such abatement as aforesaid.

.



No. 3 of 1955. British Caribbean Shipping 7
(Agreement).

(5) [f the period of any one interruption or
suspension of the said services in consequence of a
marine casualty or of hostilities, warlike operations,

revolution or civil commotion ahall continue for six °

months either party may thereupon give to the
‘other notice in writing determining this Agreement
forthwith and upon service of stich notice the
Company and the Governments shall cease to be
under any obligation hereunder but. without pre-
Judice to the rights and liabilities of the respective
parties at the date of such determination.

(6) If in consequence of anv such marine
casualty or hostilities or warlike operations any of
the said ships is lost or is so extensively damaged
as to be likely to be out of service for a period
upwards of six months the Company shall as soon
as such loss or the extent of such damage has been
established take all reasonable steps to provide in
substitution therefor a ship or ships capable of
affording substantially the same service: Provided
that if notwithstanding all reasonable efforts on the
part of the Company it shall prove impracticable
within six months of such loss or damage to pro-
cure such substitute ship or ships on reasonable
terms the' provisions of sub-clause (5) of this
Clause relating to determination of this Agreement
shall apply.

(7) Where the Governments have already
made in advance a payment in respect of the
quarter during which an interruption or suspension
of the said services of the nature contemplated by
sub-clause (2) or sub-clause (4) of this Clause
occurs, then except in cases where a refund of such
payment or part thereof is made in pursuance of

Clanse 6 of this Agreement, the sum paid in.

respect of the unexpired period of the quarter after
the date of the interruption or suspension of the
said services shall be carried forward and applied
towards the pryment due by the Governments for
the next following quarter in respect of which the
Governments are liable in pursuance of this Agree-
ment to pay an instalment of the annual snm
payable under the provisions cf Clause 6 hereof,

MONTSERRAT,



MonrTsrkRat.

8 British Caribbean Shipping No. 3 of 1055.
( Agreement).

(8) The routine dry docking and routine
maintenance of any of the said ships in the course
of its regular run or the partial interruption of the
said services occasioned by the exercise of the
Company’s powers of temporary interruption
under Clause 3 (1) (iii) and 3 (1) (iv) hereof shall
not be regarded as constituting an interruption or
suspension of the said services for the purposes of
sub-clause (2), (4) or (7) of this clause.

5. The Company shall supply to the Govern-
ments for their information:—

(a2) the Company’s” trading account
together with its audited Balance Sheet and
Profit and Loss account as soon as possible
after the end of its financial year;

(6) a copy of any charter or charters
under which the said ships or any of them
have been chartered by the Company and
which is or are for the time being in force;

(c) at the request of the Governments at
any time any particulars which the Govern-
ments’may reasonably require relative to the
said services including details of revenue and
expenditure: Provided that the Company shall
not be called upon to furnish information
which cannot readily be ascertained by refer-
ence to records maintained by the Company
in the ordinary course of its business,

6. In consideration of the maintenance -of
the said services and of compliance with the terms
and conditions of this Agreement by the Company
the Governments shall make to the Company a
payment at the rate of £50,000 per annum
payable through the Crown Agents in London in
equal quarterly instalments in advance on the first
days of January, April, July and October, the
first payment to be made on the date of the first
sailing from Port-of-Spain after the commence-
ment date on a proportionate basis in respect of
the period from thé commencement date to the end
of that quarter.



No. 8 of 1955. = British Caribbean Shipping 9 Monrsmrrar.
(Agreement).

In the event of the determination of this
Agreement the Company shall refund to the
Governments any sum paid in respect of any
unexpired period of any quarter after the date of
the determination or the date of interruption or
suspension of,the said services under Clause 4 (4)
hereof as the case may be.

7. The Governments shall in the interests of
a punctual service take all steps that lie within
their power—

(a) to avoid hindrance or delay to or
interruption of the regular and punctual
operation of the facilities at the scheduled
ports;

(6) to procure that the reasonable require-
ments of the Company as to facilities for
passenger, cargo and ship clearance inwards
and outwards, cargo assembly, lighterage,
navigational aids and other matters incidental
to the arrival, turn-round and departure of
the said ships at the scheduled ports are met
so as to permit of the maintenance of a
punctual service.

8. Subject to the provisions of Clause 3
hereof the Company shal] have sole control of
the cargo and passenger schedules of the said
ships and of all- bookings and arrangements
relating thereto and shall at all times have full
power to route and re-route the said ships and
to order or forbid them to enter any port and
shall in all such cases inform the Governments
forthwith: Provided that the Company shall at
all times pay due regard to the cargo and pas-
senger needs of the scheduled ports and in
particular to those of them situate in the Wind-
ward Islands and Leeward Islands.

9. The Company shall receive for con-
veyance as priority cargo on the ship or ships
operating the said services wl such letter and

arcel mails as shall be tendered to them by an
accredited Officer or Agent of the Postal Depart-
ment of any of the Governments, and shall



Moxrsennar. 10 British Cardbbean Shipping No. 8 of 19565.
(Agreement).

deliver all such mails at their destination to an
accredited Officer. or Agent of any such
Department. The Company shall make reason-
able provision to the satisfaction of the Govern-
ments for the safety and protection of any mails
whilst. in the Company’s custody. The Govern.
ments shall remunerate the Company for the
conveyance of mails as aforesaid at such rates as
prevail from time to time for the carriage of
mails by sea in the Caribbean area.

10. The ship or ships providing the said
services and any fecder services mentioned in
Clause 8 (1) (iii) shall be manned so far as is
practicable by West Indian crews with the
exception of deck and engineer officers who
are members of the permanent staff of the
owners of the said ships.

11. (1) The Company shall procure the
payment of rates of wages and observance of
hours and conditions of labour not less favourable
than those commonly recognised in respect. of
persons employed in a similar capacity and tn
similar circumstances in the area where em-
ployment takes place.

(2) Where practicable the rates of wages
and the general conditions of employment
shall be fixed by collective agreement between
the employers’ and workers’ organisations
representative of the workers concerned.

12. The Governments may request: the
Company to suspend the said services and to
employ the said ships or any of them for some
other purpose and the Company shall forthwith
comply with such request «unless compliance
involves a contravention of the provisions of the
charter under which the ship in question has
been chartered in which event the Company
shall have ab-olute discretion to comply with
or refuse to comply with such request: Provided
that if the Company shall comply with such
request and whether or not compliance involves
such a contravention as aforesaid the Govern-



No. 3 of 1955. British Caribbean Shipping 1] Montserrat.

(Agreement).

ments shall indemnify the Company in the
amount of any liability, loss, damage or penalty
howsoever accruing suffered or incurred in
consequence of such compliance and shall pay
to the Company reasonable remuneration for
the services pertormed in compliance therewith.

13. Representatives of the Governments
and of the Company shall meet from time to
time at intervals of not more than twelve
months. to review the said services with a view
to making such adjustments and modifications
thereto as in the light of experience of traffic
requirements may appear desirable in the best
interest of the service as a whole. Such
meetings shall be convened by the Kxecutive
Secretary for the time being of the Regional
Economic Committee of the British West lndies,
British Guiana and british Honduras (herein-
after called ‘“‘the Executive Secretary”) at the
instance either. of the Governments or the
Jompany. Nothing in this Clause shall restrict
the right of the parties to amend the First
Schedule hereto from time to time by mutual
agreement.

14. (1) The said ships shall have the
liberty to comply with any orders or directions
as to departure, arrival, routes, ports of call,
stoppages, destinations. delivery or otherwise
howsoever given by the Government of the.
United Kingdom or any department thereof
or by any other Government or any department
thereof or any person acting or purporting to
act with the authority of such Government
or of any department thereof or by any
Committee vr person having under the terms of
the War lisks Insurance on the said ships the
right to give such order or directions and if by
reason of and in compliance with any such
orders or directions anything is done or omitted
the same shall not be deemed a breach of any
covenant or condition of this. Agreement.

(2) In the event of hostilities in which
Her Majesty is engaged in consequence of



MonTsERRAT.

12 British Caribbean Shipping No. 3 of 1955.
(Agreement).

which the said services are interrupted or
suspended this Agreement may be determined
by not less than six months previous notice in
writing given either by the Governments to
the Company or by "the Company to the
Governments.

15. The Company shall procure that at
all times all the relevant provisions of the
Merchant Shipping Act 1894 or any statutory
modification or re-enactment thereof are com-
plied with and shall procure the maintenance
of a valid passenger licence in accordance with
the current legislation in force in the British
West Indies. :

16. (1) The Executive Secretary shall
be the representative of the Governments and
each of them for all the purpose of this
Agreement except the signing thereof, and the
Company shall be entitled to regard him as
fully empowered to act for the Governments
and each of them for all such purposes and to
regard all things done or acts performed by him
in pursuance of such purposes in the name of
or on behalf of the Governments or any one or
more of them as duly and effectively done or
performed by the Governments or such one
or more of them as the case may be and any
notices under this Agreement may be served on
him by the Company or by him on the
Company and if so served shall be deemed to be
duly served" on the Governments or the
Company as the case may be.

(2) A notice under this Agrement shall be

‘deemed to have been ‘duly served—

(a) on the Executive Secretary, if the
Company shall deliver the same, addressed
to the Executive Secretary at his oftice,
Hastings House, St. Michael 18, Barbados;

(6) on the Company, if the Executive
Secretary shall deliver the same, addressed
to the Secretary of the Company, at



No. 5 of 1955. British Caribbean Shipping 18 Montserrat.

(Agreement).

the registered office of the Company,
Port-of-Spain, ‘Trinidad.

17. Any dispute arising out of this
Agreement shall be settled by Arbitration
under the provisions of the Arbitration Act,
1950, of the United Kingdom. Any such
arbitration shall be held at any place in the
West Indies or in the United Kingdom which
may be mutually agreed between the parties or
in default of agreement at any place in the
West Indies or in the United Kingdom which
may be decided by the arbitrators.

18. In this Ayreement—

\

“scheduled port’? means a port mentioned
in the First Schedule hereto, as
amended from time to time by mutual
agreement of the parties hereto and
operative for the time being;

“unscheduled port” means a port other
than a scheduled port.

19. This Agreement shall be governed in
- all respects by the law of England.

First Schedule.

The Company shall provide an _ inter-
island service at approximately three weekly
intervals from Trinidad . (Port-of-Spain) to
Grenada (St. George’s), St. Vincent (Kings-
town), Barbados (Bridgetown), St. Lucia
(Castries), Dominica (Roseau), Montserrat
(Plymouth), Antigua (St, John’s), St. Kitts
(Basseterre), and Jamaica (Kingston), return-
ing to Trinidad (Port-of-Spain) by the same
route.



MONTSERRAT.

14 British Caribbean Shipping No. 3 of 1935.
(.lyreement).

Second Schedule.



S. S. Wingsang”’.

Ship's Particulars:

Built . 1938
Gross Tons ~ 3,560
Net Reg. Tons "1,941 -
Signal Letters VRBR
Official No. | 159488

‘Fitted with Radar

Dimensions:
328! 3” O.A.; 510’ B.P. 48’ B’ th. Md.
27/1 Benen Md.
Light Draft :
Speed. Aa 14 Knots on 22 tons
of good quality furnace oil.
4 Hatches.
Derricks at
No. 1 Two @ 5 tons
No. 2 Three @ 5 tons and one @ 20
tons
No. 3 Two @ 5 tons
No. 4 Two @ 5 tons.

Stowage Particulars:

Bae capacity: Total about 169,020 cubic |
feet which’ includes refrigeration space
for approximately 4%, 600 cubic feet of

. cargo and the necessary machinery
space and baggage room of 927 cubic
feet.

Mail Room—1,440 cubic feet (Opens into
No. 2T/D

Strong Room—700 cubic feet (and can be
used for cargo

Deadweight capacity for cargo about 2,007
tons (allowing for 345 tons bunkers,
358 tons Fresh Water, 120 tons stores
and dunnage and 200 tons permanent
ballast) on Max. Draft 18! 6”.

Total summer deadweight capacity 3,080

tons,



\

. No. 3 of 1955. British Caribbean Shippuiy 15

( Ayreement).

Average immersion: 26 tons per inch.

Fuel Oil Bunker capacity: 345 tons.
Fresh Water tank capacity: 358 tons.

Passenger accommodation:

Accommodation for 20 first class

passengers

passengers

Accommodation for 85 second class

Berthed accommodation for 46 passen-

gers in the poop

370 passengers may be carried in
‘tween decks aft if unberthed
or 150 if berthed provided cargo is

not carried in these spaces,

156 deck passengers on the weather
deck aft according to seasons and

cargo commitments.

The foregoing will be subject to such
variation as may be determined by the West
Indies Passenger Regulations, and to any

amendments from time to time that may be
determined at uny renewal of the passenger

licence.
Third Schedule. ,
. Proposed basis for

apportioning
TERRITORY. shipping contrib-

utions.

£ fo

United Kingdom Government 10,000 20.0
Barbados . 4,400 8.8
British Guiana we 1,000 2.0
Jamaica 15,850 30.7
Antigua .. 850 1.7
St. Kitts w 1,250 2.5:
Montserrat .. 150 3
Trinidad 14250 9 28.5
Grenada . 1,000 2.0
St. Lucia - we, 00 1.5-
St. Vincent ‘- ... 500 1.0 °°
Dominica .. 500 1.0

£50,600 100%

MontTSmRRAT,



Mowrsernar. 16 British Caribbean Shipping No. 3 of 1958.
(.tyreement).

IN WITNESS WHEREOF the said Sm -
Husert Envrn Rance, G.C.M.G., G.B.E., C.B.,
as agent aforesaid, on behalf of the several
Governments of Barbados, British Guiana,
Jamaica, Antigua, Montserrat, St. Kitts-Nevis-
Anguilla, Trinidad and Tobago, Dominica,
Grenada, St. Lucia and St. Vincent has
hereunto set his hand, and the Company has
caused the Common Seal of the Company to
be hereunto affixed on the respective dates
hereinafter appearing:

Signed by Sir Huserr Exvin Rancr, )
at Port-of-Spain, Trinidad, B.W.1., |
this First day of November, 1954, |
in the presence of _. (Sed.) H. E. Rance
(Sgd.) Samurt A. Huacins |
of Red House, Port-of-Spain,
Trinidad, Crown Solicitor.

The Common Seal of the West
Indies Navigation Company Lim- |
ited was hereunto affixed at Port-
of-Spain, Trinidad, B. W.I., this |
First day of November, 1954 by
Firzwitttam Stone & Atcazar$ (Sgd.) R. EB. Suea
the Secretaries of the Company in Director

' the presence of Raymonp Epwarp
SHea a Director of the said
Company in pursuance of a reso-
lution of ‘the Directors of the
Company and in conformity with
the Articles of Association of the
Company in the presence of

(Seal)



(Sgd.) Firzwittiam
Stone & ALCAZAR

(Sgd.) P.. S. EK. Srowng,
Secretaries

|
17 St. Vincent Street, |
Port-of-Spain, Trinidad, |
Solicitor. J

CHARLESWORTH Ross,
‘President.



No. 3 of 1955. British Caribbean Shipping 17 Mowxrenunas.
(Agreement).

Passed the Legislative Council this 30th day of
\ ane) 1955.

Js. H. Carrort,
Clerk of the Council.

: ANTIGODA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BuacxmAn, Government Printer.—By Authority.
195

47{/00366—500—7.55, ; : Price 25 cents.

ee PIP?
LOK7



i



No. of 1955. Bualding Socieiies.

ANTIGUA.
No. of 1955.

_ An Ordinance to provide for the incorporation and
regulation of Building Societies.

ENACTED by the Legislature of Antigua.

1. This Ordinance may be cited as the
Building Societies Ordinance, 1955.

2. In this Ordinance, unless the context
otherwise requires—

‘‘ permanent society’ means a society which
has not by its rules any fixed date
or specified result at which it shall
terminate;

“ Schedule ” means Schedule to this Ordinance;
section’ means section of this Ordinance;

“society ’ means a building society established
under this Ordinance;



Short title.

Interpreta-
tion,

“terminating society” means a_ building ©

society which by its rules is to terminate
at a fixed date, or when a result specified

x in its rules is attained;

326.7297
Lo giz



AnTicua. 2 Building Societics. No. — of 1955.
“the Court”? means the Supreme Court;

“the Registrar”? means the Registrar of the
Court, who shall, for the purposes of
this Ordinance, be the Registrar of
Building Societies.

Tricor poration 8. Every society shall, upon receiving a

of societies . 7 : y ‘ :
certificate of incorporation under this Ordinance in
the form set forth in Schedule’ A, become a body
corporate by its registered name, having 2 common
seal and perpetual succession, until terminated or
dissolved in manner herein provided.

Pe 4. (1) Any number of persons may establish

eave a society for the purpose of raising by the sub-

lished. scriptions of members a stock or fund for making
advances to members ont of the funds of the
society.

(2) A society may be either a terminating
society or a permanent society.

(3) Advances made by a society out of its
funds shall be made upon the security of a mort-
gage of a freehold or a leasehold estate or upon
the security of the withdrawal value of shares
held by members of the society.

(4) Any society shall, so far as is necessary
for the purpose of advances made upon the
security of a mortgage, have power—

(a) to hold land, with the right of
foreclosure;

(6) from time to time to raise funds by
the issue of shares of one or more denomina-
tions either paid up in full or to be paid by
periodical or other subscriptions, and with or
without accumulating interest; and

(c) to repay such funds when no longer
‘required for the purposes of the society:

Provided always that any land to which
a society may become absolutely entitled by
foreclosure or other extinguishment of the
right of redemption shall, as soon after as
may be conveniently practicable, he sold or
converted into money.



No. of 1955. Building Societies. 3 ANTIGUA.

5. The liability of « member of a society in Limitation of
respect of any share upon which no advance-has [ability of
been made shall be limited to the amount actually
paid or in arrear on such share, and in respect of
any share upon which an advance has been made
shall be limited to the amount payable thereon
under any mortgage or other security or under the
rules of the society.

6. With respect to the borrowing of money Power to
by societies the following provisions shall have bo7°w
effect:— oe

(a) a society may within the limits
specified in paragraph (5) or (c) of this
section receive deposits or loans at interest
from the members or other persons, or from
corporate bodies, joint stock companies, or
from any terminating building society, to be
applied to the purposes of the society;

(6) in a permanent society the total
amount so received on deposit or loan and not
repaid by the society shall not at any time
exceed two-thirds of the amount for the time
being secured to the society by mortgayes
from its members;

(c) in a terminating society the total
amount so received and not repaid may either
be a sum not exceeding such two-thirds as
aforesaid, or a sum not exceeding twelve
months’ subscriptions on the shares for the
time being in force;

(d) every deposit book or acknowledge-
ment or security of any kind ‘for a deposit or
loan by a society shall have printed or written
therein or thereon the whole of sections
5 and 6.

7. The rules of every society shall set, Matters to be
forth— set forth in
ort ; the rules,

(a) the name of the society and the
chief office or place of meeting for the
business of the society ;



ANTIGUA.

4

»

Building Soctetivs. No. — of 1955.

(6) the manner in which the stock of
funds of the society are to be raised, the
terms upon which paid up shares (if any)
are to be issued and repaid, whether prefer-
ential shares ‘are to be issued, and if so, within
what limits, if any; whether the society
intends to borrow money and, if so, within
what limits, not exceeding the limits, pre-
scribed by this Ordinance;

(c) the purposes to which the funds of
the society are to be applied and the manner
in which they are to be invested ;

(d) the terms upon which shares may
be withdrawn and upon which mortgages
may be redeemed;

(e) the manner of altering and rescind-
ing the rules of the society and of making
additional rules;

(7) the manner of appointing, remunera-
ting and removing the board of directors or
committee of management, auditors and other
officers; :

(g) the manner of calling general ‘and
special meetings of the members;

(A) provision for an annual or more
frequent audit of the accounts, and inspection
by the auditors of the mortgages and other
securities belonging to the society;

(’) whether disputes between the society
and any of its members or any person claiming
by and through any member, or under the
rules, shall be settled by reference to the |
Court, or to the Registrar, or to arbitration;

(j) provision for the device, custody, and
use of the seal of the society, which shall in all
cases bear the registered name thereof;

(k) provision for the custody of the
mortguge deeds and other securities belonging
to the society;



No. of 1955. Building Soviciies. 5

(2) the powers and duties of the board of
directors or committee of management and
other officers;

(m) the fines and forfeitures that may be
imposed on members;

(n) the manner in which the society,
whether terminating or permanent, shall be
terminated or dissolved.

8. The persons intending to establish a
society shall transmit to the Registrar two copies
of the rules agreed upon by them for the govern-
ment of the society, signed by three of such persons
and by the intended secretary or other officer; and
the Registrar, if satisfied that the rules contain all
the provisions prescribed in section 7, and that they
are in conformity with this Ordinance, shall return
one copy of the rules to the secretary or other
officer of the society, with a certificate of incorpora-
tion, and shall retain and register the other copy:

Provided that no society shall be registered
under this Ordinance in a name identical with that
in which any subsisting society is alreadv registered.

9. Any society may alter or rescind any rule
or make any additional rules in the manner which
its rules direct. And every society «altering or
rescinding any rule, or making any additional rule,
shall forward two copies of every alteration of or
addition to its rules, signed by three members and
the secretary to the Registrar, who, if satisfied that
such alteration, rescission or addition is in conform-
ity with this "Ordinance, shall return one of the
copies to the secretary cr other officer of the
society, with a certificate of registration in the form
set forth in Schedule B and retain and register the
other copy.

10. Any society may in a schedule to its
rules describe the forms of conveyance, mortguge,
transfer, agreement, bond, security for deposit: or
loan or other instrument unecessary for carrying its
purposes into execution.

ANTIGUDA.

Rules to be
made.

Alteration of
rules.

Rules may be
made to pro-
vide forms of
conveyance
etc,



ANTIGUA.

Evidence of
registration.

Rules binding
on members
and others.

Officers to
give security.

Officers to
account.

6 Building Societies. No. of 1955.

11. Any certificate of incorporation or regis-
tration, or other document relating to a society,
purporting to be signed by the Registrar, shall, in
the absence of any evidence to the contrary, be
received by the Court and elsewhere without proof
of the signatare of the Registrar; and a copy of the
rules of a society, certified by the secretary or other
officer of the society to be a true copy of its
registered rules, shall, in the absence of any
evidence to the contrary, be received as evidence of
the rules.

12. The rules of a society shall be binding
on the members and officers of the society and on
all persons claiming on account of a member or
under the rules, all of whom shall be deemed and
taken to have full notice thereof.

18. (1) Every officer of a society having
the receipt or charge of any money belonging to
the society shall, before taking upon himself the
execution of his office, enter into a bond with one
sufficient surety at the least, according to the form
set forth in Schedule ©, or give the security of a
guarantee society, or such other security as the
society directs, in such sum as the society may
require.

(2) Every such bond, guarantee or other
security shall be conditioned for the rendering of a
true and just account of all moneys received and
paid by the officer on account of the society, and
for payment of all sums of money due from time
to time to the society at such times as its rules
appoint, or as the society may require such officer
so to do.

14. Every accounting officer of a society or
his personal representative, shall, upon demand
made or notice in writing given or left at his last
known or usual place of residence, give in his
account, as may be required by the board of
directors or committee of management of the
society, to be examined and allowed or disallowed
by them, and shall, on the like demand or notice
pay over all moneys remaining in his hands and
deliver all securities and effects, books, papers, and



No. of 1955. Building Societies. 7

property of the society in his hands or custody to
such person as the suciety appoints; and in case
of any neglect or refusal to deliver such account
or to pay over such moneys or to deliver such
securities and effects, books, papers and property
in manner aforesaid, the society may sue upon the
bond of the accounting officer concerned or may

apply to the Court, which may proceed thereupon
in a summary way and make such order thereon as
to the Court in its discretion may seem just, which
order shall be final and conclusive.

15. (1) Any society muy from time to time,
as the rules permit, invest any portion of its funds,
not immediately required for its purposes, upon
real or leasehold securities, or in the securities of
the Government of the United Kingdom or of any
British Possession, or in such other way as by
unanimous resolution of the directors may be
determined.

(2) For the purposes of investments in the
public funds or otherwise where the appointment
of trustees may be required, it shall be lawful for
the society or board of directors or committee of
management thereof from time to time to appoint
or remove trustees.

16. If any member of or depositor with a
society, having in the funds thereof a sum of
money not exceeding one hundred and fifty dollars,
dies intestate, the amount due may be paid to the
person who appears to the directors or committee
of management of the society to be entitled, under
the law for the time being regulating the devolu-
tion of personal estate applicable to the case, to
receive the same, without taking out letters of
administration, upon the society receiving satisfac-
tory evidence of death and a statutory declaration
that the member or depositor died intestate and
that the person so claiming is entitled as aforesaid:

Provided that whenever the society after the
decease of any member or depositor has paid any
such sum of money tu the person who at the time
appeared to be entitled to the effccis of the
deceased, under the belief that such deceased had

ANTIGUA.

Investment
of surplus.

Payment of
sums not
exceeding
$150 when
members or
depositors die
intestate.

Paym=nt to
persons
appearing to
be next of kin
declared valid,



'

ANTIGUA.

Provisions for
the case of a
member dying
intestate.
leaving an
infant heir.

Punishment
of fraud in
withholding
money ete.

Initiation of
proceedings.

8 Building Societies. No. of 1955.

died intestate, the payment shall be valid and
effectual with respect to any demand from any
other person as next of kin or as the lawful
representative of such deceased member or deposi-
tor against the funds of the society, but neverthe-
less such next of kin or representative shall have
his lawful remedy for the amount against the
person who received the same.

17. Wherever a member ofa society, having
executed a mortgage to the society, dies intestate,
leaving an infant heir or infant co-heiress, it shall
be lawful for the society, after selling the mort-
gaged premises, to pay to the administrator or
administratrix of the deceased member any money.
which may remain in the hands of the society
after paying the amount due to the society and-the
costs and expenses of sale.

_ 18. If any person by false representation of
any kind obtains possession of any moneys, securi-
ties, books, papers, or other effects of a society, or,
having the same in his possession, withholds or
misapplies, or wilfully applies the whole or any
part thereof to purposes other than those expressed
or directed in the rules of the society and author-
ized by this Ordinance, he shall be guilty of an
offence and shall be liable on summary conviction
to a penalty of one hundred dollars and it shall be
lawful for the Magistrate to make an order that he
forthwith deliver up to the society all such moneys,
securities, books, papers, or other effects, and do
forthwith repay to the society the amount of
money applied improperly, and in default such
delivery of effects or repayment of such amount
of money or payment of such penalty it shall be
lawful for the Magistrate to sentence him to be
imprisoned, with or without hard labour, for three
months; but nothing herein contained shall prevent
any such person from being proceeded against by
way of indictment if a conviction has not been
previously obtained against him for the same
offence under the provisions of this Ordinance.

19. Proceedings under section 18 may be
taken by or at the instance of —

(a) the society; or



No. of 1955. Building Socteties. 9 AwNTIeUA.

(b) any member authorized by the
society or by the board of directors or com-
mittee of management of the society or by the
Registrar; or

(c) the Registrar.

20. (1) A society may terminate or be Proceedings

Bey ics = necessery for
dissolved the termina-

: tion or diaso-
(a) upon the happening of any event lution of a

declared by its rules to bring about or to be soolety.
the termination of the society ;

(6) by dissolution in. manner prescribed
by its rules;

(c) by dissolution with the consent of
three-fourths of its members holding not less
than two-thirds of the unmber of shares in the
society, testified by the signatures to the
instrument of dissolution ;

(d) by winding up, either voluntarily
under the supervision of the Court or by the
Court, if the Court shall so order, on the
petition of any member authorized by three-
fourths of the members present at a general
meeting of the society specially called for the
purpose to present the same on behalf of the
society, or on the petition of any judgment
creditor for not less than two hundred and
fifty dollars. General rules and orders for
regulating the proceedings of the Court under
this section may be made by the Chief Justice.

(2) Every instrument of dissolution shall set
forth—

(a) the liabilities and assets of the
society in detail;

(b) the number of members and the
amount standing to the credit in the booke of
the society ;

(c) the claims of depositors and other
creditors and the provision to be made for
their payments;



ANTIGUA. |

Societies may
unite with
others, or one
society may
transfer its
engagements
to another.

Determination
of disputes
by arbitration.

10 Building Societies. No. of 1955.

(d) the intended appropriation or divi-
sion of the funds and property of the society ;

(e) the names of one or more persons
to be appointed trustees for the special pur-
pose, and their remuneration.

(3) Alterations inan instrument of dissolution
may be made with the like consent, testified in the
same manner as in the original instrument.

(4) Every instrument of dissolution and all
alterations therein shall be registered in the man-
ner provided for the registration of rules and shall
be binding on all members of the society.

(5) Notice of the commencement and ter-
mination of every dissolution or winding up shall
be sent to the Registrar and registered by him.

21. Two or more societies may unite and
become one society, with or without any dissolu-
tion or division of the funds of such societies or
either of them, or a society may transfer its
engagements to any other such society upon such
terms as shall be agreed upon by three-fourths of
the members (holding not less than two-thirds of
the whole number of shares) of each of such
societies respectively present at general meetings
convened for the purpose. Notice of every such
union or trausfer shall be sent to the Registrar and
registered by him.

22. Where the rules of a society direct
disputes to be referred to arbitration the following
provisions shall apply :—

(a) the arbitrators shall be named and
elected in the manner provided by the rules
or, if there be no such provision, at the first
general meeting of the society;

(6) none of the arbitrators shall be
persons who -are beneficially interested,
directly or indirectly, in the ‘funds of the
society ;

(c) not less than three arbitrators shall
be chosen by ballot in each case of dispute,
the number of arbitrators and the mode of



No. of 1955. Building Societies. 11 AntTicua.

ballot being determined by the rules of the
society ;

(ad) the names of the arbitrators shall be
duly entered in the minute book of the
society, and in the case of death or refusal or
neglect of any of the arbitrators to act, the
society, at a general meeting, shall name and
elect an arbitrator to act in the place of the
arbitrator dying, refusing or neglecting to act;

(e) whatever awards shall be made by
the arbitrators or the major part of them,
according to the true purport and meaning of
the rules of the society, shall determine the
dispute.

23. Should either of the parties to the Court may
dispute refuse or neglect to comply with -or orice ae
conform to the award within a time to be limited decision of .
therein, the Court, upon veing sntisfied that the rbitratore.
award has been made and of the refusal of the
party to comply therewith, shall treat the award
as if it were a judgment of the Court, and enforce
compliance therewith upon the petition of any
person concerned, in the same manner as it would
enforce a judgment.

; 24. Where the parties to any dispute Determination
arising in a society agree to refer the dispute to the ea by
Registrar, or where the rules of the society direct
disputes to be referred to the Registrar, his award
shal] have the same effect as that of arbitrators.

25. The Court may hear and determine Determination

a dispute in the following cases:— Ca

(a) if it uppears to the Court, upon the
petition of sny person concerned, that applica-
tion has been made by either party to the
dispute to the other party, for the purpose of
having the dispute settled by arbitration
under the rules of the society, and that the
application has not within forty days been
complied with, or that the arbitrators have
refused or for « period of twenty-one days
have neglected to make any award;



ANTIGUA.

Determina-
tion to be
final.

Buildings
may be
purchased or
lensed,

Minors may
be elected
members.

Shares may
be held by
two or more
persons,

Annual
account and
statement of
funds,

12 Buildiny Societies. No. of 19565.

(6) where the rules of the society direct
disputes to be referred to the Court.

26. Every determination of a dispute by

arbitrators or by the Court or by the Registrar’

under this Ordinance shall be binding and conclu-
sive on all parties, and shall be final, and shall not
be subject to appeal:

Provided always that the abitrators or the
Registrar, as the case may be, may, at the request
of either party, state a case for the opinion of the
Court on any question of law, and shall have power
to grant to either party to the dispute such
discovery, as to documents or otherwise, as might
be granted by the Court.

27. A society may purchase, build, hire, or
take upon lease any building for conducting. its
business, and may purchase or hold upon lease : any
land for the purpose of erecting thereon a building
for conducting its business, and t may sell, exchange,
or let such building or any part thereof.

28. Any person under the age of twenty-
one years may be admitted as a member of a society,
the rules of which do not prohibit such admission,
and mav give ail necessary acquittances, but during

‘his minority he shall not hold any office in the

societ Ye

29. Two or more persons may Jointly hold
a share or shares in a society; and all shares held
jointly by any two or more persons in any society
existing before the commencement of this Ordi-
nance, the rules whereof do not prohibit such joint
holding, shall be deemed to be unlawfully so held,

30. (1) The secretary or ether officer of a
society shall, once at least in every year, prepare—

: (a) an account of all receipts and
expenditure of the society since the preceding,
statement;

(6) a general statement of its funds and
effects, liabilities and assets, showing—

(i) the amount due to the holders

of the various classes of shares,





No. of 1955. Butlding Sucieties. 13

and to depositors and creditors
for loans;

(ii) the balance due or outstanding:

on their mortgage securities,
not including prospective in-
terest; and

(iii) the amount otherwise invested.

(2) Every such account and statement shall
be attested hy the auditor or auditors to whom the
mortgage deeds and other securities belonging to
the society shall be produced; and the account and
statement shall be countersigned by the secretary
or other officer.

(3) Every member, depositor, and creditor
for loans shall be entitled to receive from the
society a copy of the account and statement, and a
copy thereof shall be sent to the Registrar within
fourteen days after the annual or general meeting
at which it is presented.

81. (1) If any society hereafter formed, or
any persons representing themselves to be a society,
commence business without first obtaining a certi-
fieate of incorporation, or if any society make
default in forwarding to the Registrar any returns
or information by this Ordinance required, or
make a return wilfully false in any respect, the
person or persons by whom business is s0 com-
menced, or by whom default is made, or who
have made such false return, shall be lable on
summary conviction, for every day that business is
so carried on, or for every such default or false
return, to a fine of fifteen dollars.

(2) If any society receives loans or deposits
in excess of the limits prescribed by this Ordinance,
the directors or committee of management of the
society shall be personally liable for the amount so
received in excess.

832. The fees specified in Schedule D shall
be paid to the Registrar by every society.

ANTIGUA.

Penalties.

Fees of
Registrar,



Antiaua. 14 Building Societies. No. of 1955.

Regulations. 33. The Governor in Council may make
Regulations for carrying out the purposes and
intention of this Ordinance, and may alter the |
Schedule of fees hereto annexed. ,

President.

Passed the Legislative Council this day of
1955.

Clerk of the Council.

Schedule A. (Section 3.)

FORM OF CERTIFICATH OF INCORPORATION.

UT yscunec tues harneataerecsssenauswanvesseeveiewss sean tatecttselersvestes Registrar
of Building Societies in Antigua, West Indies, hereby certify that the
Ai vteeVeeUaatneceaibei sassy ceisencnseesudecevese ey Building Society established at

susie se besos cndsrepuctertecsiceaigs eur ecret in the island of Antigua is incorporated
under the Building Societies Ordinance, 1955.





GIVEN under my hand this...............day Of.....cccccseseunceeeeees ;
19 ; .
Registrar of Building Societies.
Schedule B. ~ (Section 9.)
- FORM OF CERTIFICATE OF REGISTRATION OF ALTERATION
OF RULES.
The Registrar hereby certifies that the foregoing alteration of
(or addition to) the rules Of the.........ccccsscssccsccsececctsssccescescnsseseesees
Building Society, established at...........cccecccccecsceseceescesesvecsccscesenses :
is registered under the Building Sociéties Ordinance, 1955.
GIVEN under my hand this............ day of.......... incon ‘
19° :
: Registrar of Building Societtes,



No. of 1955. Building Societies. 15 Antigua.
Schedule C. (Section 13.)

FORM OF BOND.

Know all men by these presents that W6........ccccsceeseeceees Te

Wale Vausies tabile Saou deedeedaisexiec nes Ole cdistecsine sents seaasne dds sadelevca tenes ein tea ails
one of the officers: Of the o25 seessyous toda ascend aevcve cage sedan viueecsts ‘Building
ey established at...... ccc cee cssseeeeeseeeneeeeees ID tHO ses cad eeciscvcess eves
Peieciuis aac s edwase OF iced csielive ee loeeb ese aces spewed p ODO: civececesees seve
Movies otetos vans te saeeerure Of ec ceccce cee eeeceecnecereeseesesseeesseseseee (9 SUFELTY ON
behalf of the said....... A ecsengracedde di Feaet sxaewteude tear ecsaetotadecsdageseentes sss)
are jointly and severally held aid firmly bound to the said society in
ONO SUIMN: OL sais cetbesca aces roccersessestia Sarees to be paid to the said society,

for which payment well and truly to be made we jointly and severally
bind ourselves and each of ua by himself, our and each of our heirs,
executors and administrators, firmly by these presents, sealed with
our seals.

Dated the..........:....00 AY Of icaviceckcoseseveceseeeds in the year of
our Lord 19

WheBeas the above-bounden.,.........cccsccccectcecceesavescvescucens hath
been duly appointed fo the office Of........ccsscccssscceeccceaeceesstensccaueees
Of ANG ois cts esas ve ee se aavecnseeeoaeeaeenees Building Society, established as
aforesaid, and he, together with the above-bounden...........cccccsecesoeees
Darcey asevdsciseteresbs aus his surety, have entered into the above-written
bond, subject to the conditions hereinafter contained.

Now, therefore, the condition of the above-written bond is such
hats 1E the SAL. .cec inside seus teceeenesdeyevens teveeliueteseds shall and do render
a just and true account of all moneys received and paid by him and
shall and do pay over all the moneys remaining in his hands, and
assign and transfer or deliver all securities and effects, books, papers
and property of or belonging to the said society, in his hands or
custody, to such person or persons as the said society shall appoint,
according to the rules of the said society, together with the proper or
legal receipts or vouchers for such payments, then the above-written
bond shall be void and of no effect, otherwise shall be and remain in

’ full force and virtue.

Schedule D. (Section 32.)

SCHEDULE OF FREES PAYABLE TO THE REGISTRAR OF
BUILDING SOCIETIES.

For registering any document 12c. a folio—but in no case

less than att 60c.
For granting certificate of incor poration i $5.04
For granting any other certificate required by the

Ordinance it 720.

Acting as arbitrator in any matters ‘qeferred to him for
every day during which he shall be so engaged ... $5.04

President.



S

va

Awtreva. 16 Building Societies. ,No. of 1955.

Passed the Legislative Council the day of 1955.

Olerk of the Council.

OBJECTS AND REASONS.

The object of this Bill is to make provision for the incorporation |
and regulation of Building Societies in the Presidency.

DESMOND A. MACNAMARA,
Ag. Crown Attorney.

ANTIGUA.
Printed at the Government Printing Office, Ie eward Islands,
by E. M. Buackman, Government Printer.—hy Authority.
ae 1956,
316—7.55, [ Price 18 cents.)









Full Text




Notices.

By virtue of the provisions of
Section 3 of the Quarantine Act No. 25
of 1944, as amended by Act No. 10 of
1950, the Governor has been pleased
to appoint Dr. R. E. BROWNE to be
the Quarantine Authority for the
Presidency of Montserrat, in place of
Dr. W. B. R. JONES, fromthe 31st
May, 1955 inclusive.

The Secretarrat,
Antigua.
30th June, 1955.

Bef. No. 13/00090.



By virtue of the provisions of
Section 3 of the Quarantine Act
No. 25 ot 1944, as amended by Act
No. 10 of 1950, the Governor has
been pleased to appoint Dr. W. F.
SMITH to be the Quarantine Authority
for the Presidency of the Virgin
Islands, in place of Dr. E. O. JACOBS,
from the 14th June, 1955, inclusive.

The Secretariat,
Antigua,
29th June, 1955.
Ref. No. 13/00096.





It is notified for general information
that Mrs. Eva LOUISA SEMPER of
Ottos Lane, St. John’s, Antigua, was
registered on the 2nd day of July,
1955, asa citizen of the United King-
dom and Colonies under the British
Nationality Act, 1948.

The Secretariat,
Leeward Islands,
at Antigua.

Ath July, 1955.
(C. S. O. M. P. 55/00022).



It is hereby notified for general
information that the tender for the
supply of 15000 half bags of flour for
the period August to December, 1955,
has been awarded to Messrs S. R.
MENDES Ltd (Agents for the Phenix
Mills, Montreal, Canada)—

15,000 bags of 100 lbs each of

“Phenix” Brand Flour at $4.73

(Canadian) per bag O.LF. Antigua.

Administrator’s Office,
Antigua.
2nd July, 1955.

Ref. No. A. 40/18—ITI.

328.7297
LY¥§ 924

THE

VOL. LXXXIII.

LEEWARD

[5/ 109
J 5 AUG Ay
ISI cA} N D Ss

a ~ ‘
. eo y-

SON : %

GAZETTE, “-=="
Published by Authority.





THURSDAY, 7ru JULY, 1955. No. 30.

Reference Notice dated 10th No- Montserrat.
vember, 1954 on the subject of No. 3 of 1955, “The British
Fisheries Improvement Loan Com- Caribbean Shipping (Agreement)

mittee.

2. It is hereby notified for general
information that the Governor in
Council has appointed Mr. JAMES
JARVIS to be a member of the afore-
mentioned Committee.

Administrator's Office,
Antigua.
29th June, 1955.



No. 73.

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

R. NoRRIS, Assistant Colonial Secre-
tary (Establishment), appointed to
act as Colonial Secretary, from the
Ist July, 1955, until the return
of His Excellency the Governor
from the United Kingdom.

Ref. No. P. F. 429.

SOUTHWELL, S. W., Assistant Super-
intendent of Police to act Superin-
tendent of Police from the 27th
June, 1955.

Ref. No. P. F. 140.

No. 74.

The following Ordinances are circu-
lated with this Gazette and form
part thereof :—

Antigua.

No. 1 of 1955, “The Harbour
Launches (Amendment) Ordinance,

1955.” 2 pp. Price 4 cents.
No. 2 of 1955, ‘The Industrial
Development (Amendment) Ordi-
nance, 1955.” 3 pp. Price 5 cents.
No. 3 of 1955, “The Excise

(Amendment) Ordinance, 1955.”
3 pp. Price 5 cents.

No. 4 of 1955, “The Prison Ordi-
nance, 1955.” 10 pp. Price 12 cents.

No. 5 of 1955, ‘* The Defence Force
Ordinance, 1955.”
14 pp. Prioe 16 cents.

Ordinance, 1955.”
17 pp. Price 25 cents.

No. 75.

The following Bill which is to be
introduced in the Legislative Council
ot Antigua is circulated with this
Gazette and forms part thereof:—

‘‘The Building Societies Ordinance,
1955.”



In the matter of tie estate of
Ella Van Engle, deceased.

(UNREPRESENTED).
To all creditors of the above estate.

You are hereby notified that you
are to come in aud prove your debts
and file your claims at the office of
the Administrator of Estates at the
Court House in the town of Basse-
terre in the Island of Saint Christo-
pher against the said estate.

Creditors resident within the Colo-
ny of the Leeward Islands are to file
their claims within four months after
the 16th day of June, 1955.

Creditors resident out of the said
Colony are to file their claims within
eight months from the said 16th day
of June, 1955,

AND FURTHER TAKE NOTICE
that any creditors failing to file their
claims within the time above specified
will be excluded from any benefits
arising from the said estate.

All persons indebted to the said
deceased are requested to pay the
amount of their respective debts
to me.

Dated the 16th day of June, 1955.

H. 8S. L. MOSELBY,
Administrator of Estates.



NATURALIZATION.

A Certificate of Naturalization No.
1 of 1955 dated the Ist June, 1955,
has been granted to Mr. EMANUEL
JOSEPH EID of George Street, Ply-
mouth, Montserrat, under the British
Nationality Act.



The Secretariat,
Antigua.
"25th June, 1955.

M.P, 55/00010,
110 THE

Vacant Post of Dental Surgeon
Colonial Hospital, St. Vincent.





Applications are invited from snit-
ably qualified candidates for appoint-
ment to the post of Dental Surgeon,
St. Vincent.

2. The salary of the post ig in the
scale $3,840x¢ 120--$4 800 per annum,
and consideration will be given to
appointment at a point higher up the
scale depending upon the qualifica-
tions and experience of the successful
candidate. Private practice is allowed.

3. A transport allowance at the
prescribed rate is payable in respect of
a.motor-car maintained by the officer
for official travelling. Quarters are
not provided.

4. Candidates should possess a
Dental qualification entitling them to
practise dentisiry or dental surgery in
some part of Her Majesty’s Dominions,
or a qualification obtained in a foreign
country recognised by the Medical
Board, St. Vincent.

5. The Dental Surgaon — shall
furnish free dental treatment for the
poorer classes, including labourers,
paupers, and inmates of Government
institutions and to all other persons
who are entitled to free dental treat-
ment at Government expense, provi-



Tenders for Groceries,

The following tenders have been accepted for the

period ending 3lst December, 1955, for

undermentioned items to Government Institutions:—

J. PIGOTT.

GROCERIES.

Cooking Butter

Table Butter 1.20 ,,

” ” 5.40 ”
Margarine 2.80 ,,
Lard and Lard substitutes 2.80 ,,

Laundry Soap (Blue & Brown)12.00__,,

White potatoes

Onions 12-5;
Sugar—white granulated 13.€5_,,
- brown 19.60 ,,
5 washed 26.30 _,,

$
4.56 per

10 per lb.

LEEWARD ISLANDS GAZETTE.

ded that such treatment shall not
include the making or supplying of
dental prostheses.

In the case of members of the
public, free treatment shall be pro-
vided only at Government clinics and
the dental surgeon shall attend at such
clinics at such times and places as the
Governor-in-Council may from time
to time prescribe.

(2) He shall be responsible for the
dental care and treatment of school
children and shall visit and inspect
all schools at least once annually and
shall carry ont such treatinent as he
deems necessary.

(3) He shall act as adviser to Gov-
ernment in all matters relating to the
dental health and welfare of the
Community.

(4) He shall perform such other
duties not inconsistent with the above
as the Governor may direct.

6. The post is at present non-
pensionable, but steps are being taken
to have it made pensionable. The

person selected will be subject to the

Colonial Regulations, the General
Orders and the Financial and Store
Rules of the Windward Islands and to
the various Ordinances and Subsidiary
Legislation in force in the Colony.

ete.

Edible Oil
Blue

the supply of the

Washing Soda

Beef—Steak
Sirloin
. Liver
Ae ne Mutton
51b. Pork
5 1b. ,,

5 lb. ,,
50 lb. carton

- » Cream 12.50 ,, ,, 5
Sardines 15 per tin
- 14.40 ,, case of 100 ting
Pickled Pork—Clear .46 per |b. Leper Home
5 ‘6 ss 82.00 ,, barrel of 200 lb.
» Snouts Holberton Hospital
Jowls, scalps .44 ,, Ib.
Pork Snouts, Jowls, scalps 78.00 ,, barrel of 200 lb.
LAKE & CO.
GROCERIES. Holberton Hospital
Rice 23.25 per bay of 177 lb.,
delivered
Flour 11.15 per bay of 100 Ib. Lunatic Asylum
Salted Fish .29 4, Ib.
Cornmeal 11.95 ,, bag of 100 1b. Fiennes Institute
‘Pickled Beef 48 ,, Ib.
“Condensed Milk 16.24 ,, carton of 48

14 oz. tins

bag of 112 lb.

Antigua.
» 249 Ib. 27th June, 1955.
» 2241b. Ref, No. A. 41/36.

[7 July, 1955.

7. Free first class passages to St.
Vincent will ba provided for the
Officer, his wife and children under
the age of 18 years, on first appoint-
ment. Leave passages will be granted
in accordance with local provision.

8. The person appointed will be
liable to transfer to a similar post of
equivalent status within the Wind-
ward Islands,

9. Applications should be address-
ed to the Assistant Administrator and
Kstablishment Officer, Governinent
Office, St. Vincent, and should reach
him not later than 3lst July, 1955
giving full details of the candidate’s
experience and qualifications togather
with copies of testimonials.

Ref. No. 13/00086.

RAINFALL FiGURoS,

Centra! Hxvsriment Station,

















Antigua,

951, 1952. 1863. 1054, 1956,
Jan. 3.60 3.1 2.55 344 2.16
Feb. 1.88 1.60 1,02 2.45 68
Mar. 1.09 1.62 560 1.08 83
Apr. 216 3.14 2.06 49 1.75
May 10.54 3.07 1.50. 3.83 2.81
June 2.74 6.74 31° 3.32 1.47
July 2nd — .08 Al .06 —
22.01 18.35 14.15 14.67 9.70

$

96 ,, box of 72 } oz.
cakes

10 = ,, Ib.

NORRIS ROBERTS.

FRESH MEAT.

47 per Ib.

Be,

30.0.

30, ; Wed
36,

EUGENIE JARDINE.

BREAD.

15 c. per lb. delivered
ANGELO BARRETO.

MILK FRESH.
14 per 26 oz. botile
delivered
14 per 26 oz. bottle
delivered
(30—40 bottles daily)

Mrs. LYDA HALL.

MILK FRESH.
Balance of requirements
@ 14c. per 26 oz. bottle
delivered
Total requirements @ 14.
per 26 oz. bottle, deliverd
do. do.

JOSEPH DEW & SON.

KEROSENE OIL.

At current wholesale price, less duty and less 24%
Administrator's Office,
7 July, 1955.)

TRAFFIO NOTICE.

By virtue of the powers vested in
me under Section 75 (1) of the
Vehicles and Road Traffic Ordinance
No. 5 of 1946, as amended by Section
10 of the Vehicles and Road Traffic
(Amendment) Ordinance No. 22 of
1954, I hereby deolare that all traffic
signs on or near any roadway in
this Presidency are authorised and
retained by me. ;

E. M. V. JAmgzs, Lt. Col.,
Traffic Commissioner.

28th June, 1955.
Ref. No. 36/00004.

SCHOLARSHIPS.

It is hereby notified for general
information that an examination tor
a number of Government Scholar-
ships to the Antigua Grammar School
and the Antigua Girls’ High School
will be held at the St. John’s Boys’
Schoolroom on Thursday Ist Septem-
ber, 1955.

QUALIFICATION OF CANDIDATES.

2. Candidates shall be quulified to
take the examination who:—

(a) will be over 9 but Jess than
13 years of age on 31st December,
1955;

(6) have attended a school in the
Colony for a period of three years
immediately preceding the 31st

December, 1955 the last twelve
months being at a school in
Antigua;

(0) are in need of financial agsist-
ance to enter upon and complete a
secondary school course;

(ad) are British subjects.

THE LEEWARD ISLANDS GAZETTE.

APPLICATIONS.

3. Applications must be made to
the Inspector of Schools not later
than Saturday 13th August, 1955.

Application must be accompanied
by a birth or baptismal certificate, a
medical certificate of good health,
certificate from Head Teachers of
Schools certifying regular attendance
for the three previous years and good
behaviour of the candidate, and
evidence of the need for financial
assistance to parents or guardians to
pay for secondary education.

Application forms can be obtained
from the Inspector of Schools.

HX AMINATION.

4. (a) Arithmetic, including nu-
meration and notation, length, time,
weight (English Units) Money
(English and American Units), and
the application of the four rules to
them with simple, vulgar and deci-
mal fractions.

(6) (i) English Test of candidates
comprehension of a short
story read to or by them.

(ii) Simple exercise in English
Grammar.

(ec) Writing from Dictation.

(d) West Indian
Geography.

P. A. W. GORDON,
Inspector of Schools.

History and



Vacant Post of Sanitary
Superintendent, St. Vincent,
B. W. I.

Applications are invited for the
post of Sanitary Superintendent in
the Medical Department, Saint Vin-
cent, British West Indies.



ANTIGUA.

_Sanitary Inspectors

111

2. Candidates must’ possess the
Certificate of
the Royal Sanitary Institute. They
should have a working knowledge of
the construction and maintonance of
smal] rural water supplies, drainage
and the construction of drains. They
should also be able to read building
plans and be familiar with the
construction of houses. Cundidates
should mention whether they have
had experience in a Government or
Municipal Health Department in the
West Indies.

3. The duties of the post include
general supervision of the work of
the Sanitary Staff: general supervision
of the various scavenging services and
sanitary measures of the Colony:
general maintenance of small rural
water supplies: and checking building
plans for rural areas not under control
of the Central Housing and Planning
Authority.

All duties will be performed under
the direction of the Senior Medical
Officer.

4. The salary of the post, which is
pensionable, is in the svale $2304x
$96-$2784, Transport allowance for
the maintenance of a motor car for
the performance of official duties will
be paid at approved local rates.

5. Quarters are not provided. Gov-
ernment officials are liable to taxation
imposed by local enactments.

6. Applications accompanied by
copies of recent testimonials (pref-
erably from Public Health Officers)
should be addressed to the Senior
Medical Officer, Saint Vincent, and
should be submitted to reach him not
later than 31st Jnly, 1955.

Government Office,
Saint Vincent,
20th June, 1955.

Ref. No. 13/00286,

Priz:ted at the Government Printing Office, Leeward Islunds, by E, M. BLACKMAN,

Government Printer.—By Authority
1955

[Price 72 cents]
No. 1 of 1955. Harbour Launches
(Amendment)

[L.S.]
I Assent,
P. D. Macponatp,
Governor’s Deputy.
14th June, 1955.

{14th June, 1955.]

ANTIGUA.
No. 1 of 1955.

An Ordinance to amend further the Harbour
Launches Ordinance, 1919.

ENACTED by the Legislature of Antigua
_ as follows:—

1. This Ordinance may be cited as the
Harbour Launches (Amendment) Ordinance,
1955 and shall be read as one with the Harbour
Launches Ordinance, 1919as amended, herein-
after called the Principal Ordinance.

2. Section 8 of the Principal Ordinance is
hereby amended by—

(a) the re-lettering of paragraph (/)
of the section as paragraph (,) thereof; and

(6) the insertion therein of the follow-
ing as paragraph (/'):—

““(7) prescribe the arrangements
to be made for the carriage of the
passengers’ Inggage and prohibit the

x carriage of passengers’ luggage in any
place not appointed therefor;”.

3 28. 72-47
LYSATES

ANTIGUA.



a

Short title.

3/1919,
5/1928.
7/1928,

Amendment
of section 3 of
Principal
Ordinance.
Anrigua. — 2 Harbour Launches No. 1 of 1956.
(Amendment ).
"Insertion of 8. The following shall be inserted in the

tion $A i a E :
Breeton _* . Principal Ordinance next after section 4 as sec-
wf yOrinance. * tion 4A:— ,
ra “e
: oy

eum

er.
Â¥.

pig aed 4A. Any complaint in respect of a
proses’ breach of any regulation made under this
Ordinance may he laid or made by the

Harbour Master.”’

tt cae
.

e
-
7
t

ALEC LOVELACE,
President.

'Passed the Legislative Council this 5th
' day of May, 1955. .

J. L. Roginson,
Clerk of. the Council.

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

—500 —7.55. (Price 4 cents. |
No. 2 of 1955. Industrial Development
(Amendment).

[L.8.]
I Assent,
P. D. Macpona.p,
Governor’s Deputy.
14th June, 1955.

[14th June, 1955. |

ANTIGUA..
No. 2 of 1955.

An Ordinance to amend the Industrial Development
Ordinance, 1953 (No. 13 of 1953).

ENACTED by the Legislature of Antigua as
follows:—

1. This Ordinance may be cited as the
Industrial Development (Amendment) Ordinance,
1955, and shall be read as one with the Industrial
Development Ordinance, 1953, hereinafter called
the Principal Ordinance.

2. Section 2 of the Principal Ordinance is
hereby amended as follows:—

(a) by the deletion of the definition of
the word “ Administrator ”;

(6) by the substitution of the words

‘Chief Accountant’? for the word “ Treas-

urer”’.

8. Subsection (6) of section 4 of the
Principal Ordinance is hereby amended by the
substitution of the word ‘“ Governor” for the word
‘* Administrator ”’.

ANTIGUA.

Short title.

13/1953.

Amendment of
section 2 of
Principal

Ordinance.

Amendment of
section 4 of
the Principal
Ordinance,
Antigua. 2 Industrial Develonment No. 2 of 1955.
(Amendment).

Amendment of 4. Section & of the Principal Ordinance is
section 8 of , P

‘the Principal ereby amended as follows:—

Ordinance.

(a) by the substitution for subsection (3)
thereof the following:—

“*(3) The decisions of the Board at
a meeting shall be by majority of votes:

Provided that, in any case in which
the voting shall be equal, the chairman
shall have a second or casting vote.”

(b) by the substitution of the word
“Governor” for the word “ Administrator ”’
in subsection (4) thereof

Amendment of 5. Subsection (5) of section 9 of the Princi-
Pa pal Ordinance is hereby amended by the insertion
Ordinance. next after the word “ Ordinance” of the following

words:—

‘“‘and shall be liable on summary convic-
tion to a fine not exceeding five hundred
dollars or to imprisonment with or without
hard labour for a term not exceeding six
months”

Amendment of 6. Subsections (1) and (2) of section 13 of
Peasial of the Principal Ordinance are hereby amended by
Ordinance. = the substitution of the words ‘“ Chicf Accountant”

for the word ‘“ Treasurer ’’.

Amendment of 7. Section 19 of the Principal Ordinance is
section 19 of ~~ hereby amended ak follows:—

Principal

Ordinance.

(a) by renumbering subsection (1) there-
of as section 19;

(b) by the deletion of subsection (2)

thereof.
Substitution 8. The following section is hereby substitu-
of section 20 : = be te A 7
of Principal ted for section 20 of the Principal Ordinance:—
Ordinance.
“Fiat of 20. Proceedings for offences arising out
Crown Attor- eres as : H
hey: of the provisions of this Ordinance or in

connection with any loan made hereunder
No. 2 of 1955. industria? Development 3
(Amendment).

shall not be instituted without the consent in

writing of the Crown . Attorney of the
Presidency.”

Arc LovELace,
President.

Passed the Legislative Council the 5th day
of May, 1955.

J. L. Rosiyson,
Clerk of the Council.

: ANTIQUA.
‘Printed at the Government Printing Office, Leeward Islands
by E. M. Buackman, Government Printer._-By Authority.
19655.
500—7.55. [Price 5 cents]
iv Bae


No. 3 of 1955. Excise (Amendment).

[L.S.]
I Assent,
P. D. Macpona.p,
Governor’s Deputy.
14th June, 1955.

[14th June, 1955.]

ANTIGUA.
No. 3 of 1955.

An Ordinance to amend further the Excise
Ordinance, 1903.

ENACTED by the Legislature of Antigua

a> follows: —

1. This Ordinance may be cited as the
Excise (Amendment) Ordinance, 1955, and shall
be read as one with the Excise Ordinance, 1903,
as amended, hereinafter called the Principal
Ordinance. ‘

2. The Principal Ordinance is hereby
amended by the insertion therein immediately after
section 16 of the following as sections 16A, 16B,
16C, 16D, 166 and 16F respectively :—

“16A. In every distillery the capacity of
every package shall be calculated by reference
to the weight and hydrometer indication of
the spirits contained therein by means of the
tables prepared for use with Sykes’ hy drometer
for the purpose.

ANTIQUA.

Short title.

13/1908.

Insertion of
new sections
in Principal
Ordinance,

Mode of
ascertaining
capacity of
packages
contuining
spirits at

a distillery.
AATIGUS.

Distiller
to provide
scales and
weights.

Description
of scales and
weight.

Custody of
scales and
weights,

Officer to use
scales and
weights,

. Offences in
regard to
scales and
weights,

9

Excise (Amendment). No. 3 of 1955.

16B. Every distiller shall provide
sufficient and just scales and weights for the
purpose of weighing spirits in his store, stock,
or possession, and any package used for the
purpose of containing any such spirits.

16C. The scales shall be ordinary beam
scales capable of weighing twelve hundred-
weight, and the weights shall be a complete
set of the Imperial Standard weights capable
of weighing to the nearest pound any weight
up to twelve hundredweight.

16D. Every distiller shall maintain and
keep the scales and weights aforesaid in such
proper and convenient place in his spirit store
as the Collector of Customs may direct, and
so that the same shall be at all times ready
for the inspection and use of the proper
officer.

16K. Every distiller shall permit any
officer to use such scales and weights as are
specified in section 16A of this Ordinance
for the purposes of this Ordinance and shall,
with his servants and workmen, ‘whenever
required by any officer, weigh and assist in
weighing and in taking account of any
spirits in his store, stock or possession.

16F. (1) If any distiller refuses or
neglects to comply with any of the provisions
of section 16B, 16D or 16E of this Ordi-
nance, he’shall be liable to a penalty of one-
hundred dollars.

(2) If any distiller—

(a) provides, or uses, or permits to
be used any insufficient, false, or unjust
scales or weights contrary to the pro-
visions of this Ordinance; or

(6) practises any device or con-
-trivance by which any officer may be
prevented from or hindered or deceived
in taking the just and true quantity or
No. 3 of 1955. Excise (Amendment). 3

weight of any ‘spirits or of anv package
in any distillery or store adjacent thereto,
he shall be liable to a penalty of one
thousand dollars and in addition all
such false or unjust scales and weights

shall be forfeited.

The Principal Ordinance is hereby
further Amneried by the insertion therein imme-
diately after section 51 of the following as
section 51 A:—

51A. In respect of every removal of
spirits from a distillery or store adjacent
thereto there shall be paid by the distiller
to the Collector of Customs for the use of
the Presidency a charge of fifty cents for the
first half of an hour or part thereof and
twenty-five cents for each subsequent quarter
of an hour or part thereof during which
an officer is present and eupervising such
removal. i ;

4. SeGtion 80 of the Principal Ordinance
is hereby amended by the insertion of the words
‘‘and scales and weights forfeited” between the
word ‘forfeiture’? and the word “under”
appearing in line 4 thereof. :

Aurec LovELAcsg,
President.

Passed the Legislative Council the 5th day
of May, 1955.

J. L. Ropinson,
Clerk of,theiCouncil.

ANTIQUA.



ANTIGUA.

Insertion of
new section
514 in
Principal
Ordinance,

Charge for
services of
officers,

Amendment
of section 80
of Principal
Ordinance.

Prinwd at the Government Printing Office, Leeward Islands,
by E. M. Buackman, E.D.. Government Printer.— By Authority.
1955,

—500-—7.55.

[ Price 5 cents]
fe

rs

ey


No. 4 of 1955. Prison. - ANTIQUA.

[LS.]
I ASSENT,
’ P. D. MacnonaLp,
Governor’s Deputy.
14th June, 1955

[ By Proclamation. |

ANTIGUA.
No. 4 of 1955.

An Ordinance to provide for the establishment,
management, supervision and control of Pris-
ons in the Presidency.

ENACTED by the ‘Legislature of Antigua as

as follows:—

1. This Ordinance may be cited as the Prison Short title
Ordinance, 1955, and shall come into operation on 8"¢ Com. |
a date to be fixed by the Governor by Proclamation
published in the Gazette.

2. In this Ordinance unless the context Interpreta-
requires— ae

“prisoner”? means any person lawfully sen-
tenced or ordered to be imprisoned or
detained in prison;

“ prison” means gaol, and includes the airing
ground or other ground or buildings
occupied by prison officers and contiguous
thereto and any other place which the
Governor shall by proclamation published
in the Gazette declare to be a prison.
ANTIGUA.

Presidency
to provide
and maintain
prison,

Power to alter
prisons and
build new
ones.

Closing of
prisons.

Visiting
Committee.

2 Prison. No. 4 of 1955.

Provision, MAINTENANCE AND
CLOSING OF Prisons.

8. There shall be provided and maintained
at the expense of the Presidency, adequate accom-
modation for its prisoners in a prison: |

Provided however that the buildings and
premises in the Presidency now used as a prison
shall continue to be used as the prison for the
Presidency.

4. The Governor may with the approval of
the Legislative Council alter, enlarge or rebuild any

~ prison in the Presidency or may, if necessary. build
p ) 3

new prisons in lieu of or in addition to any existing
prisons.

5. (1) The Governor may at any time by
proclamation declare any prison in the Presidency
to be closed; and every prison which the Governor
shall so declare to be closed shall, as from the date
of the proclamation, cease to be used as a prison
accordingly.

(2) Persons committed to any prison closed
under this section shall, upon the closing of such
prison, be deemed to be committed to the prison
nearest’ thereto, or to such other prison as the
Governor may appoint or determine. no

Visiting CoMMITTER.

6. (1) Rules made under section 27 of this
Ordinance shall provide for the constitution by the
Governor of a visiting committee of a prison
consisting of Justices of the Peace of the Presidency
appointed at such times, in such manner and for |
such periods as may be prescribed by the Rules.

(2) Rules made as aforesaid shall prescribe the
functions of the visiting committee and shall among
other things require members to pay frequent visits
to a prison and hear any complaints which may be
made by the prisoners, to consider periodically
the character, conduct and prospects of each pris-
oner and report to the Governor any matter which
they consider it expedient to report; and any
No. 4 of 1955.' Prison. 38 ANTIGUA.

member of the visiting committee may at any time
enter the prison and shall have free nccess to every
part of it and to every prisoner.

Prison OFFIcERs.

7. (1) The Governor shall appoint an officer Prison
with such title as he may approve who shall be in *"*
charge of the prison in the Presidency and shall
superintend and manage the same.

(2) In addition to the officer appointed under
subsection (1) of this section the Governor shall
appoint such other officers including an honorary
chaplain, as may be necessary, for the efficient
management of the prison.

(3) The duties of the officers appointed by
virtue of subsections (1) and (2) of this section
shall be such as may be prescribed by Rules made
under section 27 of this Ordinance.

8. Every male prison oificer while acting as Powers of
such shall have all the powers, authority, protection vce
and privileges of a constable.

CONFINEMENT AND TREATMENT OF PRISONERS.

9. (1) A prisoner, whether sentenced to Place of con-
Imprisonment or committed to prison on remand or ae
pending trial or otherwise, may be lawfully confined
In any prison.

(2) Prisoners shall be committed to such pris-
ons as the Governor may from time to time direct;
and may by direction of the Governor be removed
during the term of their imprisonment from the
prison in which they are confined to any other
prison in the Presidency.

(3) A writ, warrant or other legal instrument
addressed to the officer in charge of a prison and |
identifying that prison by its situation or by any
other sufficient description shall not be invalidated
by reason only that the prison is usually known by
a different description.

10. (1) Every prisoner shall be deemed to Legal custody
be in the legal custody of the officer in charge of the °f P™isoner-
prison.
ANTIGUA.

Corporal
punishment
in prisons.

4 Prison. No. 4 of 1955.

(2) A prisoner shall be deemed to be in legal
custody while he is confined in, or is being taken to
or from, any prison and while he is working, or is
for «any other reason, outside the prison’ in the
custody or under the control of an officer of the
prison.

11. (1) Except as provided by this section,
corporal punishment shall not be inflicted in any
prison.

(2) Rules made under section 27 of this
Ordinance may authorise the infliction of corporal
punishment for mutiny, incitement to mutiny, or
gross personal violence to an officer of a prison
when committed by a male prisoner.

(3) The rules shall not authorise the infliction
of corporal punishment except by order of the

visiting committee made at a meeting at which not

less than two thirds of the members are present;
and no such order shall be made except after an
inquiry in which the evidence is given on oath:

Provided that the Governor may, if he thinks
fit in any particular case, direct that the functions
exercisable as aforesaid by the visiting committee
shall be exercised by a magistrate appointed by him
in that behalf.

(4) The punishment which may be inflicted
under such an order ag aforesaid shall not exceed—

(a) in the case of a person appearing to
the visiting committee or magistrate to be not
less than twenty-one years of age, eighteen
strokes of a cat-o’-nine-tails or tamarind rod; or

(6) in the case of a person appearing to
them or him to be under that age, twelve
strokes of a tamarind rod,

and if corporal punishment is inflicted, no further
punishment by way of confinement in cells or
restricted diet shall be imposed.

(5) Where an order for the infliction of
corporal punishment has been made under this
section, a copy of the notes of the evidence given

J
No. 4 of 1955. Prison. 5

at the inquiry, «copy of the order and a statement
of the grounds on which it was made shall forth-
with be given to the Governor; and the order shall
be carried into effect only after confirmation by
the Governor and, if the Governor confirms the
order with modifications, in accordance with the
modifications.

(6) A refusal by the Governor to confirm such
an order as aforesaid shall not prejudice any power

to impose another punishment for the offence for”

which the order was made.

12. ‘The officer in charge of every prison in
which persons conrmitted for trial before a Circuit
Court are confined shall deliver to that Court a
calendar of those persons.

18. (1) Rules made under section 27 of this
Ordinance may provide in what manner an appellant
within the meaning of the Windward Islands and
Leeward [glands Court of Appeal Rules, 1940,
when in custody, is to be taken to, kept in custody
at, and brought back from, any place at which he is
entitled to be present for the purposes of those rules,
or any place to which the Court of Appeal for the
Windward Islands and Leeward Islands or any
judge thereof may order him to be taken for the
purpose of any proceedings of that Court.

(2) The Governor may—

(a) if he is satisfied that the attendance
at any place in the Presidency of a person
detained in a prison in the Presidency is
desirable in the interests of justice or for the
purposes of any public inquiry, direct him to
be taken to that place;

(6) if he is satisfied that a person so
detained requires medical or surgical treatment
of any description, direct him to be taken to a

_ hospital or other suitable place for the purpose
of the treatment,

and where any person is directed under this sub-
section to be taken to any place he shall, unless the
Governor otherwise directs, be kept in custody

AXTIGUA.

Duty of
officer in
charge to
deliver
calendar of
prisoners.

Removal of
prisoners for
judicial and
other pur-

(General
Government).
\

Anriaua.

Removal of
prisoners
from prison
in one Presi-
dency to
prison

in another
Prasidency,

Calculation
of term of
sentence,

Remiesion
for good
conduct and
award of
gratuities.

6 ' Prison. No. 4 of 19565.

while being so taken, while at that place, and while

being taken back to the prison in which he is
required in accordance with law to be detained.

(3) Itshall be lawful for any magistrate, in
any case where he may see fit to do so, upon
application to issue a warrant or order under his
hand for any prisoner.to be taken from the
prison to his Court for the purpose of answering
any charge that may be preferred against him.

14. The Governor may by writing under
his hand order any prisoner in the Presidency to
be removed to a prison in another Presidency
there to undergo the period of his imprisonment
or detention:

Provided lowever that ne order shall -be
made under this section unless the consent of
the Government of the Presidency to which the
prisoner is to be removed has been tirst obtained.

15. (1) In any sentence of imprisonment
the word “month” shall, unless the contrary —
is expressed, be construed as meaning calendar
month.

(2) A prisoner who but for this subsection
would be discharged on a Sunday, Christmas Day
or Good Friday, shall be discharged on the day
next preceding.

16. (1) Rules made under section 27 of
this Ordinance may make provision whereby, in
such circumstances as may be prescribed by the
rules, a person serving a sentence of imprison-
ment for such a term as may be so prescribed
may be granted remission of such part of that
sentence ax may be so prescribed on the ground
of his industry and good conduct, and on the .
discharge of a person from prison in pursuance
of any such remission as aforesaid his sentence
shall expire. j

(2) Rules made as aforesaid may also
provide for the award of gratuities on their
discharge to prisoners who have been sentenced
to imprisonment with hard labour for a term of
or exceeding twelve months. '
No. 4 of 1955. Prison. 7

17. (1) If the Governor is satisfied that by
reason of the condition of a prisoner’s health it is
undesirable to detain him in prison, but that,
such condition of health being due in whole
or in part to the prisoner’s own conduct in
prison, it is desirabie that his release should be
temporary and conditional only, the Governor
may, if he thinks fit having regard to all the
circumstances of the case, by Order authorise the
temporary discharge of the prisoner for such
period and subject to such conditions as may be
stated in the order.

(2) Where an order of temporary discharge
is made in the case of a prisoner not under sentence,
the order shall contain conditions requiring the
attendance of the prisoner at any further proceed-
ings on his case at which his presence may be
required.

(3) Any prisoner discharged under this section
shall comply with any conditions stated in the
order of temporary discharge, and shall return to
prison at thé expiration of the period stated in the
order, or of such extended period as may be fixed
by any subsequent order of the Governor, and if the
prisoner fails so to comply or return, he may be
arrested without warrant and taken back to prison.

(4) Where a prisoner under sentence is dis-
charged in pursuance of an order of temporary
discharge, the currency of the sentence shall be
suspended from the day on which he is discharged
from prison under the order to the day on which
he is received back into prison, so that the former
day shall be reckoned and the latter shall not be
reckoned as part of the sentence.

(5) Nothing in this section shall affect the

duties of the medical officer of a prison in respect
of a prisoner whom the Governor does not think fit
to discharge under this section.

OFFENCES.
18. Every prisoner who—

(a) escapes or attempts to escape from
any prison wherein he is lawfully confined; or

ANTIGUA.

Power of
Governor to
discharge
prisoners
temporarily
on account
of ill health,

Escape,
attempt to
escape, and
prison breach.
ANTIGUA.

Rescue, or
promotion of
rescue, of
prisoners.

Wilfully

- permitting

prisoner to
escape.

Negligently
permitting
prisoner to
escape,

Assaulting
or resisting
prison
officers,

8 Prison. No. 4 of 1955.

(6) escapes or attempts to escape during
the time of his conveyance to or from 4 prison,
or whilst on his way to or from any road or
public work, or during the time of his
employment therein; or

(c) forcibly breaks out of any cell or
other place in which he is lawfully confined or
makes any breach therein with intent to escape,

shall be guilty of an offence against this Ordinance
and on conviction thereof on indictment be liable
to imprisonment for a period not exceeding two
years.

19. Every person who rescues, or attempts
to rescue any person who has been convicted, or
who is in custody, on a charge of felony, shall be
guilty of felony and shall be liable to be imprisoned,
with or without hard labour, for any term not ex-
ceeding three years; and every person who rescues,
or attempts to rescue, any person who has been
convicted, or who is in custody, on a criminal
charge other than felony, shall be guilty of a mis-
demeanour, and shall be liable to be imprisoned,
with or without hard labour, for any term not ex-
ceeding eighteen months; and all persons aiding,
assisting or abetting the commission of any such
offence as aforesaid shall be liable to be prosecuted
and punished in the same manner as principals.

20. Every person having the custody of a
prisoner, who shall knowingly and wilfully allow
him to escape, shall be liable to be imprisoned,
with or without hard labour, for any term not ex-
ceeding two years.

21. Every person having the custody of a
prisoner, who, through negligence or carelessness,
allows any such prisoner to escape, shall be liable
to fine or imprisénment, or both, at the discretion
of the Court.

22. Any person who assaults or resists any
prison officer in the execution of his duty, or aids
or excites any person so to assault or resist any
such officer shall be liable on summary conviction
to a penalty not exceeding one hundred dollars,
No. 4 of 1958. Prison. 9 ANTIGUA.

or to imprisonment, with or without hard labour,
for any term not exceeding two months; or, if the
offender -be a prisoner, he shall be liable, on
conviction on indictment, to be imprisoned, with
or without hard labour, for any term not exceeding
one year;

° Provided however that no prisoner shall be
liable both to punishment under this section ‘and
section 11 of this Ordinance for an assault against
a prison officer.

23. Any person who atds any prisoner in
escaping or attempting to.escape from a prison or
who, with intent to facilitate the escape of any
prisoner, conveys any thing into a prison or to a
prisoner or places any thing anywhere outside a
prison with a view to its coming into the posses-
sion of a prisoner, shall be guilty of felony and
liable to imprisonment for a term not exceeding
two years.

24. Any person who contrary to the rules
of a prison brings or attempts to bring into the
prison or to a prisoner any spirituous or fermented
liquor or tobacco, or places any such liquor or any
tobacco anywhere outside the prison with intent
that it shall come into the possession of a prisoner,
and any officer who contrary to those rules allows
any such liquor or any tobacco to be sold or used
in the prison, shall be liable on summary convic-
tion to imprisonment for a term not exceeding six
months or a fine not exceeding one hundred
dollars.

25. Any person who contrary to the rules
of a prison conveys or attempts to convey any let-
ter or any other thing into or out of the prison or
to a prisoner or places it anywhere outside the
prison with intent that it shall come into the pos-
sexsion of a prisoner shall, where he is not thereby
guilty of an offence under either section 23 or
section 24 of this Ordinance be liable on sur mary
conviction to a fine not exceeding fifty dollars, |

Assisting
prisoner to
escape,

Unlawful
conveyance
of spirits or
tobacco into
prison etc,

Unlawful
introduction
of other
articles.
ANTIGUA.

Display of
notice of
penalties.

Power to
make Rules.
1 & 2 Vict,
ce, 67
(Imperial)

19 Prison. No. 4 of 1955.

26. The officer in charge of every prison
, shall cause to be affixed in a conspicuous place out-
side such prison a notice of the penalties to which
persons committing offences under sections 238, 24
and 25 of this Ordinance are liable.

Ro es.

27. (1) Subject to the provisions of the
West Indian Prisons Act 1888, the Governor-in-
Council may make rules for the regulation and
management of prisons, the conduct, discipline
and duties of the officers employed therein, and the
classification, treatment, employment, discipline
and control of prisoners.

(2) Rules made under this section shall make
provision for ensuring that a person who is charged
with any offence under the rules shall be given a
proper opportunity of presenting his case.

ALEC LovELACcE,
President.
Passed the Legislative Council this 5th day
of May, 1955.

J. L. Roxinson,
Clerk of the Councti.

ANTIGUA.

Printed at the Government Printing Office, Leeward. Islands.
by E, M. Bhackmayn, Government Printer._-By Authority.

500—7.55.

1956,
[Price 12 cents.]
No. 5 of 1955. Defence Force.
[L.8.]

I Assent,
P. D. Macponatp,
Governor’s Deputy.
17th June, 1955.

[By Proclamation ]

ANTIGUA.
No. 5 of 1955.

An Ordinance to repeal and replace the Defence
Force Ordinance and to make more suitable
provisions for the control, training and
discipline of the Antigua Defence Force and
for other matters connected therewith.

-ENACTED by the Legislature of Antigua.

1. This Ordinance may be cited as the
Defence Force Ordinance, 1955.

2. In this Ordinance—

‘appointments ” includes accoutrements and
equipment of every kind other than
clothing;

‘“‘Army Act” means the Army Act for the
time being in force in England and
includes the articles of war for the time
being in force made under the authority
of that Act;

“ Commandant” means Commandant ot the
Force;

ANTIGUA,

.

Short title.

Interpretation.
ANTIGUA.

Constitution
of Defonce
Force.

Service in De-
fence Force to
be voluntary.

Commandant
of the Force.

Gommanding
Officer.

224 Dejince Force. No. 5 of 1955.

“Commanding Officer” means the Command-
ing Officer of the Force;

“the F orce ” means the Antigua Defence
Force constituted by this Ordinance;

““member of the Force” includes an Officer, a
non-commissioned officer and a volunteer;

‘““Officer”” means a member of the Force
holding the Governor’s Commission as an
officer of the Force;

““Qther ranks’ means non-commissioned
officers and volunteers;

‘“ Regulations” means regulations made under
Section 25 of this Ordinance.

3. The Force shall consist of such number
of units whether Infantry or otherwise, as the
Governor shall consider necessary and commensu-
rate with the needs of the Presidency.

4. Subject to the provisions of this Ordi-
nance and of the Regulations no person shall. be
under any obligation to serve in-the Force and no
person who serves in the Force shall receive any
pay or allowance in respect of such service.

5. The Governor by commission may appoint
a Commandant of the Force who shall hold such
rank in the Force as the Governor may direct and
who shall, during such appointment, be responsible
to the Governor for the efficient conduct of the
Force, and for the proper expenditure of all public
moneys appropriated for the service thereof.

6. (1) The Governor shall/by commission
under his hand appoint a fit and proper person to
be the Commanding Officer of the Force.

(2) [he Commanding Officer shall hold such
rank in the Force as the Governor may confer
on him.

(3) The Commanding Officer—
No. 5 of 1955. Defence Force. 3

(a) where no Commandant is appointed,
shall, subject to any general orders and
directions which the Governor may give, be
responsible to the Governor for the efficient
conduct of the Force, and for the proper
expenditure of all public moneys appropriated
for the service thereof; and

(6) shall, at ull times, be responsible for
the maintenance of discipline, and for the
training of the Force and its readiness for
duty in an emergency.

7. The Governor shall, by commission under
his hand, appoint fit and proper persons to be
Officers of the Force and such Officers shall hold
such rank as the Governor may from time to time
think proper.

8. The Commanding Officer shall, with the
approval of the Governor, from time to time
appoint such number of non-commissioned officers
of the Force as may be necessary and may promote
any non-commissioned officer to any vacancy asa
" non-commissioned officer.

9. There shall be such number of volunteers
of the Force as the Governor may from time to
time direct.

10. The Commanding Officer may, with the
approval of the Governor, appoint from members
of the Force such clerks, store-keepers and other
employees as may be necessary.

11. The conditions under which an Officer
may cease to be an Officer, either by resignation or
by removal of his name from the list of Officers,
shall be as are prescribed.

12. (1) Subject to the provisions of this
Ordinance and of the Regulations, any male British
subject who—

(a) has attained the age of eighteen years
andShas not attained the age of thirty-eighc
years; or

ANTIGUA.

Officers.

Non-commis-
sioned officers.

Volunteers,

Clerks, store-
keepers and
other employ-
ees.

Resignation
of Officer.

Enlistment.
term of service
and discharge.
ANTIGUA.

4 Defence Force. No. 5 of 1955.

{

(6) has attained the age of seventeen
years and has not attained the age of eighteen
years, and has obtained the consent of his
parent or guardian to his enlistment; and

(c) is of good character; and

(d) is passed in the prescribed manner as
being physically fit for general service;

may enlist in the Force.

~ (2) Such enlistment shall be to serve for a
period of three years, reckoned from the date of
his attestation.

(3) Any non-commissioned officer or volun-
teer of the Force may, within twelve months before
the end of his current term of service, from time to
time be re-engaged to serve for a period of one
year, two years, or three years, from the end of
that term as he thinks fit.

(4) Every non-commissioned officer or volun-
teer shall, until duly discharged in the prescribed
manner, remain subject to this Ordinance as a
non-commissioned officer or volunteer of the Force.

f

(5) Any non-commissioned officer or volun-
teer of the Force shall, except when a proclamation
under sub-section (1) of section 14 of this Ordi-
nance is in force, be entitled to be discharged before
the end of his current term of service on complying
with the following conditions:—

(a) giving to the Commanding Officer
three months’ notice in writing, or such less
notice as may be prescribed, of his desire to be
discharged: and

(6) delivering up in good order, fair
wear and tear only excepted, all arms, clothing
and appointments being public property,
issued to him, or in cases when for any
good and sufficient cause the delivery of such
property is impossible, on paying the. value
thereof;
No. 5 of 1955. - Defence Force. 5

Provided that the Commanding Officer may,
in any case in which it uppears that the reasons for
‘which the discharge is claimed are of sufficient
urgency or weight, dispense either wholly or in
part with above conditions or any of them..

(6) Any non-commissioned officer or volunteer
of the Force may be discharged by the Command-
ing Officer, after due investigation of the charge,
for disobedience to orders by such non-commis-
sioned officer or volunteer while doing any military
duty, or for neglect of duty, or for misconduct by
him as a non-commissioned officer or volunteer of
the Force, or for other sufficient cause;

/

Provided that any non-commissioned officer or
volunteer so discharged shall be entitled to appeal
to the Governor who may give such directions in
any such case as he may think just and proper.

(7) Where any such appeal is made the notes
of evidence taken at the investigation, together with
any statement which may be made by the offender
in his defence, shall be forwarded to the Governor.

(8) Where the time at which a non-commis-
sioned officer or volunteer of the Force would
otherwise be entitled to be discharged occurs while
i proclamation under subsection (1) of section 14
of this Ordinance is in force, he may be required to
prolong his service for such further period, not
exceeding twelve months, as the Governor may
order.

(9) A recruit may be attested by any Officer,
and re-engagement may take place before any
Officer not below the rank of Captain.

18. (1) Subject to the provisions of this
section, every Officer, non-commissioned officer and
volunteer of the Force shall, by way of annual
training,

(a) be trained for such period in every
year and at such times and places, in any part
of the Presidency as the Commanding Officer
may direct and may for that purpose be called
out once or oftener in every yeur:

ANTIQUA.

Annual
Training.
ANTIQUA.

Embodiment
of the Force.

"6 Defence Force. No. 5 of 1955.

Provided that the Governor may dispense in
anysyeur with such training;

(6) attend such number of drills and
fulfil suchjother conditions relating to training
as the Commanding Officer may direct:

Provided that the requirements of this section
may be dispensed with by the Commanding Offi-
cer, in whole or in part, in relation to any (Officer,
non-commissioned officer or volunteer.

(2) Nothing in this section shall be construed
as preventing an Officer, non-commissioned officer
or volunteer, with his own consent, in addition to
annual training, being called up by the Command-
ing Officer for the purpose of duty or instruction.

14. (1) When the Governor is satisfied—

(a) that there is imminent national dan-
ger or great emergency, or

(6) that there is actual or apprehended
civil disturbance in the Presidency,

he may, by Proclamation published in such manner
as he may deem sufficient for informing the
persons concerned, order the Commandant from
time to time to give, and when given to revoke or
vary, such directions a8 may seem necessary or
proper for embodying all or any part of the Force,
and in particular to make such special arrange-
ments as the Commandant may think proper with
regard to units or individuals whose services may
be required in other than a military capacity.

(2) Where such directions for the time being
direct the embodiment of any part of the Force, °
every Officer, non-commissioned officer and volun-
teer belonging to that part shal] attend at the place:
and time fixed by those directions, and after the
expiration of that time shall be deemed to be
embodied; and such Officers, non-commissioned
officers and volunteers are in this Ordinance
referred to as embodied or as the embodied part
of the Force.
No. 5 of 1955. Defence Force. 7 ANTIGUA.

(3) Where by Proclamation of the Governor
as provided in section 15 of this Ordinance it is
ordered that the Force be disemhodied, the Com-
mandant may from time to time, as he may think
expedient, give such directions as may seem
necessary or proper for disembodying any embod-
ied part or parts of the Force.

(4) Every order made and _ all directions given
under this section shall be obeyed as if enacted in
this Ordinance.

(5) In the case of a Proclamation under
paragraph (b) of subsection (1) of this section,
the members of the embodied Force or the embod-
ied part. or parts of the Force as the case may be,
shall have all the rights, powers, functions, duties,
privileges and immunities for the time being pos-
sessed by a member of the Leeward Islands
Police Force.

15. (1) The Governor may, by Proclama- Disembodi-
tion published in like manner as a Proclamation ment of the
made’ under sub-section (1) of section 14 of this
Ordinance order that the Force be disembodied.

(2) After the date fixed by such directions as
the Commandant may give by virtue of subsection
(3) of section 14 of this Ordinance for the
disembodiment of the Force or any part or parts
thereof, the Officers, non-commissioned officers
and volunteers of the Force or belonging to that
part or those parts of the Force, as the case may
be, which sre ordered to be disembodied, shall
thereupon be in the position of Officers, non-com-
missioned officers and volunteers of the Force
not embodied.

16. Every member of the Force shall be Uniforms,
provided with the prescribed uniform, arms and ae
equipment.

17. (1) Every member of the Force shall on Oaths of
appointment or enlistment or as soon thereafter as ek
is possible, take and subscribe the following Oath ‘
of Allegiance and Service—
ANTIGUA.

Force to be
subject to
military law
‘when being
trained, in-
struoted or
exercised, or
when embo-
died,

8 Defence Force. No. 5 of 1955.

"1 do swear that I will be
faithful and bear true allegiance to Her Majesty
Queen Elizabeth the Second Her Heirs and Suc-
cessors according to law, and that I will faithfully
serve Her Majesty in the Presidency of Antigua
for the defence thereof against all her enemies and
opposers whatsoever according to the conditions of
my service as a member of the Defence Force—So
help me God!”’.

(2) The oath shall be taken—

(a) in the case of the Commandant and
the Commanding Officer, before the Governor;
and

(6) in the case of any other Officer of the -
Force and Other ranks, before the Command-
ing Officer. ,

(3) Any person who would by law be permit-

ted to make a solemn affirmation instead of taking

an oath may make an affirmation, and the
affirmation shall, to’ all intents and purposes, be
of the same force and effect as if he had taken the
oath.

18. (1) The Officers and Other ranke of the
Force shall be subject to military law, practice and
procedure—

(a) when they are being trained, instruc-
ted or exercised ;

(6) when they are embodied in which
case they shall be deemed to be on active
service for the purposes of the Queen’s
Regulations.

(2) Subject to the provisions of this Ordi-
nance, Regulations may be made prescribing
what shall be military law, practice and pro-
cedure for the purposes of this section and where
such Regulations are not made or where on any
particular point they are silent the military law,
practice and procedure as contained in the Army
Act and in the Queen’s Regulations for the time
being in force shall be military law, practice and
procedure for the purposes of this section.

¢

7
\
No. 5 of 1955. Defence Force. | 9

19. Notices required in pursuance of this
Ordinance or of the egulations to be given to
Officers or Other ranks of the Force shall be
served or published in such manner as may be
prescribed, and, if so served or published, shall
be deemed to be sufficient notice.

20. (1) Any Officer, non-commissioned
officer or volunteer of the Force who without
leave lawfully granted or such sickness or other
reasonable excuse as may he allowed in the
_ prescribed manner, fails to appear at the time
and place appointed for assembling on embodi-
ment, shall be guilty, according to the circum-
stances, of deserting within the meaning of
section 12, or of absenting himself without leave

within the meaning of section 15, of the Army

Act, and shall whether otherwise subject to
military law or not, liable to be tried by court-
martial, and convicted and punished accordingly,
and may be taken into military custody.

(2) Sections 153 and 154 of the Army Act
shall apply with respect to deserters and desertion
and with respect to absentees without leave and
absence without leave within the meaning of this
section in like manner as they apply with respect
to deserters or absentees without leave and
desertion within the meaning of those sections
and any person who, knowing any Officer, non-

-commissioned officer or volunteer of the Force to
be a deserter or absentee without leave within
the meaning of this section or of the Army Act,
employs or continues to employ him, shall be
deemed to aid him in concealing himself within
the meaning of the first mentioned section.

(3) Any person who knowing any Officer,
non-commissioned officer or volunteer of the
Force to be a deserter or absentee without leave,
by any means whatsoever, conceals such Officer,
non-commissioned officer or volunteer of the
Force, or aids or assists him in concealing him-
self shall be liable, on summary conviction, to
imprisonment for a term not exceeding six
months or to a fine not exceeding one hundred
and twenty dollars.

ANTIGUA.

Service and
publication
of notices.

Failure to
attend ombod-
iment.
ANTI@UVA.

Failure to
fulfil training
conditions.

Wrongful
sale or other
disposition of
property.

Trial of
offences.

10 Defence Force. No. 5 of 1955.

(4) Where a non-commissioned officer or -
volunteer of the Force commits an offence under
this section, the time which may elapse between
the time of his committing the offence and the
time of his apprehension or voluntary surrender
shall not be taken into account in reckoning his °
service for the purpose of discharge,

21. Any non-commissioned officer or vol-
unteer of the Force who without leave lawfully
granted or such sickness or other reasonable
excuse as may lhe allowed in the prescribed
manner, fails to appear at the time and place
appuinted for annual training under paragraph
(a) of sub-subsection (1) of section 13 of this
Ordinance or fails to attend the number of drills
and fulfil the other conditions relating to annual
training as are prescribed, shall on a complaint by

‘the prescribed officer be liable on summary

conviction to a penalty not exceeding twenty-five
dollars.

22. Ifany person designedly makes away
with, sells, pawns, or wrongfully destroys or
damages, or negligently loses any article or thing
issued to him as an Officer, non-commissioned
officer or volunteer of the Force, or wrongfully
refuses or neylevts to deliver upon demand any
article or thing issued to him as such Officer,
non-commissioned officer or volunteer of the
Force, the value of such article or thing shall be
recoverable from him by suit before a court of
competent jurisdiction by the sergeant-major of
the Force or some person authorised in writing
for the purpose by the Commanding Officer; and
he shall also, for any such offence, be liable, on
summary conviction, toa penalty not exceeding
twenty-five dollars.

28. (1) Any offence under this Ordinance
which is cognizable by a court-martial shall also
be cognizable by a Magistrate's Court.

(2) Any person charged with any such
offence shall not be liable to be tried both by a
court-martial and by a Magistrate’s Court, but
may be tried by either of them as may be
prescribed:
No. 5 of 1955. Defence Force. 11

Provided thut a person who has been dealt
with summarily by the Commanding Officer shall
be deemed to have been tried by court-martial.

(3) Any person charged with an offence
under this Ordinance which, by virtue of this
section, is cugnizable by a Magistrate’s Court,
shall, on conviction by such Court, be liable to
imprisonment for three months or to a penalty
not exceeding one hundred dollars or to both such
imprisonment and penalty, but nothing in this
section shall affect the liability of a person
charged with any such offence to be taken into
military custody.

(4) Any offence which under this Ordinance
is punishable on conviction by court-martial,
shali, for all purposes of and incidental to the
arrest, trial and punishment of the offender,
including the summary dealing with the case by
the Commanding Officer, be deemed to be an
offence under the Army Act, with this modifica-
tion that any reference in that Act to forfeiture
und stoppages shall be construed to refer to such
forfeiture and stoppages as may be prescribed.

(5) Proceedings against an offender before
either a court-martial or the Commanding Officer
or a Magistrate’s Court, in respect of an offence
punishable under this Ordinance, and alleged to
have been committed by him when a non-com-
missioned officer or volunteer of the Force, may
be instituted whether the term of his service in
the Force has or has not expired.

(6) Where a non-commissioned officer or
volunteer of the Force is subject to military law
and is illegally absent from his duty, a court of
inquiry under section 72 of the Army Act may
be assembled after the expiration of twenty-one
days from the date of such absence, notwithstand-
ing that the period during which he was subject
to military law is less than twenty-one days or

‘has expired before the expiration of twenty-one
days.

ANTIGUA.
ANTIGUA.

Civil rights
and exemp-
tions,
10/1951.-

Regulations.

Orders,

.

12 Defence Force. No. 5 of 1955.

24. A member of the Force shall not be
deemed, by reason only of being such member
and receiving the benefits provided under this
Ordinance and the Regulations, to be the holder
of a public office within the meaning of the Anti-
gua Constitution and Elections Ordinance, 1951,
or any enactment amending or substituted for
the same.

25. Subject to the provisions of this Ordi-
nance, the Governor may make Regulations— .

(a) with respect to the manner in
which enlistment in the Force shall be made;

(6) with respect to the award of a dis-
ability pension, and the conditions upon
which such pension may be awarded, to any
member of the Force, who, without his own
default, is permanently injured in the actual
discharge of his duty as a member of the
Vorce by some injury specifically attribut-
able to the nature of his duty;

: (c) with respect to the government,
discipline leave and pay and allowances of
the Force;

(d) generally with respect to all other
matters and things relating to the Force.

26. (1) Subject to the provisions of Regula-
tions made under this Ordinance, the Comman-
dant may make Local Force Orders for the
administration, discipline and training of the -
Force.

(2) Subject to the provisions of Regulations
made under this Ordinance, and to Local Force
Orders made under sub-section (1) of this section,
the Commanding Officer may from time to time,
subject to the general direction of the Comman-
dant, make such Company Orders as the Com-
manding Officer may consider necessary for the
administration, discipline and training of the
Force. ne
No. 5 of 1955. Dejence Force. ‘ 13 ANTIGUA.

(3) Notice of Local Force Orders and
Company Orders shall be given to the Officers ,
and Other ranks of the Force affected.

27. (1) ‘here may be established a The Reserve.
Reserve which shall consist—

(a) of any person who was a member
of the Force and has ceased to be a member
thereof and whose application to become a
member of the Reserve has been approved
by the Commanding Officer; .

(6) of any person who has served in Her
Majesty’s Forces, and whose application in
writing to become a member of the Keserve
has been approved by the Governor;

(c) of any other person who applies in
writing and whom the Governor considers to
be a fit and proper person to be a member of
the Reserve.

(2) The Commanding Officer shall cause
to be kept a Register containing the names,
addresses and occupations of the members of the
Reserve, and there shall be a separate part of the

Register for a Reserve of Officers.

. (8) Section 14 of this Ordinance shall soni
to the Reserve in the same manner and to the
same extent as it applies to the Force; and where -
a proclamatiun under sub-section (1) of section
14 of this Ordinance as modified by this sub-sec-
tion applies to the Reserve the provisions of this
Ordinance relating to the Force shall mutatis
mutandis apply to the Reserve, but not otherwise.

28. (1) It shall be lawful for the Gover- Army _
nor on the directions of a Secretary of State, to Reservists.
call out the army reserve on permanent service,
and to convey, at the cost of the Imperial
Government, any men belonging to the army
reserve to such place as the Secretary of State
may direct.

(2) Every such person, when so called out
on permanent service, and pending his delivery
on board an aircraft or ship or to the Imperial
Authorities, shall, while so awaiting embarkation,
be subject to the provisions of this Ordinance
and of the Regulations.
ANTIGUA.

Repeal.
5/1912,
6/1912.
5/1929,

Commence
ment,

14 Defence Force. No. 5 of 1955.

29. The Defence Force Ordinance, 1912.
the Defence Reserve Ordinance, 1912 and the
Defence Force (remission of taxation) Ordinance,
1929 are hereby repealed.

30. This Ordinance shall come into opera-
tion on a date to be appointed by the Governor
by proclamation in the Gazette.

AuEec Lovenace,
President.

Passed the Legislative Council this 5th day
of May, 1955.

J. L. Rozrnsoy,
Clerk of the Council.

ANTIGUA.

Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackman, Government Printer.-_By Authority.

1955,
—500—7.55. _ Price 16 cenis.
No. 8 of 1955. British Caribican Shipping
(Agrecment).

[L.S.]
I AssENT,
P. D. Macponatp,
Governor’s Deputy.

7th June, 1955. |
MONTSERRAT.

No. 3 of 1985.

An Ordinance to ratify and give to the Agreement
of the Ist day of November, 1954 entered
into between the Governments of certain
Caribbean territories and the West Indian
Navigation Company Limited.

WHEREAS the Governments of Barbados,
British Guiana, Jamaica, Antigua, Montserrat,
St. Kitts-Nevis-Anguilla, Trinidad and Tobago,
Dominica, Grenada, St. Lucia and St. Vincent
(hereinafter called “the Governments”’)= have
agreed with the West Indian Navigation Company
Limited, a company incorporated in Trinidad
under the provisions of the Companies Ordinance,
Chapter 31 No. 1 of the Laws of the Colony of
Trinidad and Tobago that the Company shall
provide a regular inter-island shipping service to
serve the territories of the Governments in accord-
ance with the terms and conditions of the Agree-
ment set out in the Schedule to this Ordinance:

AND WHEREAS the Governor and Com-
mander-in-Chief of the Colony of Trinidad and
Tobago was by a Power of Attorney dated the
22nd day of September, 1954, nominated and
constituted and appointed the lawful attorney of
the Government of Montserrat for it and on its
behalf to execute the said Agreement:

AND WHEREAS the said Governor and
Commander-in-Chief of the Colony of Trinidad
and Tobago has by virtue of the powers conferred
on and vested in him by the said Power of
Attorney executed the said Agreement for and on
behalf of the Government of Montserrat on the
lst day of November, 1954.

MonTSERRAT,
MONTSERRAT.

2 British Car/bbean Shipping No. 3 of 1955.
(Agreement ).

AND WHERHAS the Government of Mont-
serrat having agreed and undertaken to ratify and
confirm the said Agreement as executed for it and
on its behalf it is expedient to make provision in
the Presidency to ratify and give effect to the said

’ Agreement.

Short title.

Interpreta-
tion.

Fulfilment of
Agreement.

Oontribution
to subsidy.

Duration of
Agreement
for purposes
of Ordinance.

ENACTED by the Legislature of Montserrat.

1. This Ordinance may be cited as the
British Caribbean Shipping (Agreement) Ordi-
nance, 1955. ~

2. In this Ordinance—

“the Agreement” means the Agreement set
out in the Schedule to this Ordinance;

“the Company” means the West Indies
Navigation Company Limited referred to
in the Agreement.

3. With a view to the fulfilment of the
Agreement in and by the Presidency the terms and
conditions of the Agreement are hereby ratified and
the provisions thereof insofar as they relate to the
Presidency shall have the force of law as if enacted
in this Ordinance.

4. The Treasurer shall, on the warrant of

the Governor, pay out of the revenue and other.

funds of the Presidency, in accurdance with the
terms and conditions of the Agreement, the pro-
portion of the annual sum specified in the Third
Schedule to the Agreement as being payable by

the Government of the Presidency to the Company.

5. (1) For the purposes of this Ordinance
the Agreement shall be deemed to be in force
unless and until the Governor with the advice of
the Executive Council by order declares that the
Agreement has céased or is for the purposes of this
Ordinance to be deemed to have ceased, to be in
force.

(2) An Order may be made under this section
declaring that the Agreement has ceased to be in
force if the Governor with the advice of the

‘
No. 8 of 1955. = British Cursbbeun Shipping 3 Montserrat,
(Agreement).

Executive Council is satisfied that the Agreement
has been determined in accordance with the terms
thereof.

SCHEDULE.



Approved on behalf of the. Approved on behalf of
Governments. the Company.
(Sgd.) C. Dr. L. INNISS (Sgd.) STANLEY S. STONE

Attorney General. Conveyancer.

AGREEMENT.

AN AGREEMENT made the First a of
November 1954 between His Excellency Major-
General Sir Husert Exvin Rance, G.C.M.G.,
-G.B.E., C.B., Governor and Commander-in-Chief -
of the Colony of Trinidad and Tobago acting
- herein for and_on behalf of the Governments: of
Barbados, British Guiana, Jamaica, Antigua, Mont-
serrat, St. Kitts-Nevis-Anguilla, Trinidad and
Tobago, Dominica, Grenada, St. Lucia and St.
Vincent (hereinafter called “the Governments ”)
having been duly suthorised for the purpose by
the Governments of the one part and WEST
INDIES NAVIGATION COMPANY LIMITED
a company incorporated in Trinidad under the
provisions of the Companies Ordinance Chapter 31
No. 1, of the Laws of the Colony of Trinidad and
Tobago and having its registered office at 72/74,
South Quay, in the City of Port-of-Spain in the
Island of Trinidad (hereinafter called “the
Company ”’) of the other part.

WHEREAS it is desirable to improve the
communications between the territories of the
British West Indies within the jurisdiction of the
Governments for the benefit of the citizens thereof
and their mutual trade and in particular to establish
a regular shipping service in addition to the sea
communications already in existence:

AND WHEREAS the Governments have
agreed between themselves to contribute with the
assistance for the time being of Her Majesty’s
Government in the United Kingdom in the pro-
portions specified in the Third Schedule hereto
towards the annual sum payable us hereinafter
provided by the Governments to the Company:
t

Montsmruat. 4 British Caribbean Shipping No. 3 of 1952.
( Agreemeni).

NOW IT IS HEREBY AGREED as
follows:—

1. This Agreement may be terminated by
either party giving to the other six months notice
in writing expiring on or at any time after the
third anniversary of a date fifteen days prior to
the first sailing from Port-of-Spain in accordance
with the First Schedule to this Agreement (herein-
after called “ the commencement date ”’)

2. This Agreement shall not be assigned or
sub-let to any person or Company without, the
previous consent in writing of the Governments
which consent shall not be unreasonably withheld.

3. (1) The Company shall introduce pro-
vide and maintain a regular service between the ©
scheduled ports for passengers and cargo (herein-
after called ‘‘ the said services ” and shall prosecute
the voyages with despatch and shall use its best
endeavours to complete fifteen and one half round
voyages per annum between the scheduled ports in
accordance with the time schedule prescribed by the
First Schedule hereto: Provided that

(i) the Company may at its discretion
but subject to the said services being
substantially maintained route the
ship or ships engaged thereon (here-
inafter called ‘‘ the said ships”) to
call at any unscheduled ports en
route to embark or disembark
passengers and/or to take on or
unload cargo;

(ii) for the purpose of dry docking or
other necessary measures to main-
tain the efficiency of the said ships
they may be diverted) to any
unscheduled port;

(iii) the Company shall in any emergency
or if the best interests of the service
as a whole so require have full
power as a temporary measure to
vary the route of the said ships and
No. 3 of 1955. British Caribbean Shipping 5 Mowrsrrrar.
( Agreement). '

to order or forbid them to enter any
port.

In the event of any such variation
of the said services the Company
shall inform the Governments forth-
with and shall so far as is reasonably
practicable operate feeder services so
as to mitigate any inconvenience to
users of the service caused by such
variation and shall use ‘its best
endeavours to restore the normal
service with the minimum delay ;

(iv) in the event of the facilities of any
port of call not enabling the said
ships to be turned round in accord-
ance with the normal custom of the
port having regard to the nature of
the service, the Company while
those circumstances continue may
omit, interrupt or modify the service
to that port and the Company shall

-forthwith inform the Governments ,
of the circumstances.

(2) The company shall be entitled, subject to
the provisions of Clause 9, to charge such passenger
fares, freight rates and other charges as may from
time to time be prescribed by the Company. In
fixing such fares rates and charges the Company
shall pay due regard to any representations from
time to time made by the Governmems with
respect thereto: Provided that the Company shall
be under no obligation to grant any special or
concessionary rates for the transport of passengers
or cargo.

4. (1) The Company shall provide for the
said services 5.3. “ Wingsang ” the specification of
which is set out in the Second Schedule hereto and
shall take all practicable measures to ensure that
she and any ship or ships provided by the Company
in substitution for her for the purpose of the said
services are kept in the condition necessary for the
efficient performance thereof: Provided that subject
MONTSERRAT.

6 British Caribbean Shipping No. 8 of 19385.
(Agreement).

to the provisions of this Agreement if for any
reason other than marine casualty (howsvever
caused) or the consequences of any hostilities or
warlike operations s.s. ‘‘ Wingsang” shall not be
available for the said services the Company shall
substitute therefor to the satisfaction of the
Governments another ship or ships to provide as
nearly as possible similar services and facilities.

(2) In the event of any suspension of the
said services arising from the failure to. provide or
delay in providing for the said services s.s. “ Wing-
sang’ or another ship or ships as provided by sub-
clause (1) of this clause, the liability of the

Governments for payment of the annual sum

payable under the provisions of Clause € hereof
shall be suspended during the period of such
suspension and the amount of such annual sum
shall abate pro rata. Suspension or abatement of
the annual payment in such circumstances shall not
prejudice the question whether the suspension of
the said services constitutes a contravention of this
Agreement but the amount by which the said
annual payment shall have been abated in pursu-
ance of the foregoing provision of this sub-clause
shall be set off against any damages accruing to the
Governments by reason of such suspension.

(3) In the event of any of the said ships
suffering a marine casualty (howsoever cnused) or
being damaged in consequence of any hostilities or
warlike operations the Company shall use its best
endeavours to procure her restoration to such
condition as aforesaid with the minimum delay.

(4) If in consequence of any such marine .
casualty’ or of hostilities, warlike operations,
revolution or civil commotion the said services are
interrupted or suspended the liability of the
Grovernments for payment of the annual sum pay-
able under the provisions of Clause 6 hereof shall
be suspended during the period of such interrup-
tion or suspension and the amount of such annual
sum shall abate pro rate and: the Company shall
not in respect of any such interruption or suspen-
sion be subject to any liability to the Governments

or to any penalty save such abatement as aforesaid.

.
No. 3 of 1955. British Caribbean Shipping 7
(Agreement).

(5) [f the period of any one interruption or
suspension of the said services in consequence of a
marine casualty or of hostilities, warlike operations,

revolution or civil commotion ahall continue for six °

months either party may thereupon give to the
‘other notice in writing determining this Agreement
forthwith and upon service of stich notice the
Company and the Governments shall cease to be
under any obligation hereunder but. without pre-
Judice to the rights and liabilities of the respective
parties at the date of such determination.

(6) If in consequence of anv such marine
casualty or hostilities or warlike operations any of
the said ships is lost or is so extensively damaged
as to be likely to be out of service for a period
upwards of six months the Company shall as soon
as such loss or the extent of such damage has been
established take all reasonable steps to provide in
substitution therefor a ship or ships capable of
affording substantially the same service: Provided
that if notwithstanding all reasonable efforts on the
part of the Company it shall prove impracticable
within six months of such loss or damage to pro-
cure such substitute ship or ships on reasonable
terms the' provisions of sub-clause (5) of this
Clause relating to determination of this Agreement
shall apply.

(7) Where the Governments have already
made in advance a payment in respect of the
quarter during which an interruption or suspension
of the said services of the nature contemplated by
sub-clause (2) or sub-clause (4) of this Clause
occurs, then except in cases where a refund of such
payment or part thereof is made in pursuance of

Clanse 6 of this Agreement, the sum paid in.

respect of the unexpired period of the quarter after
the date of the interruption or suspension of the
said services shall be carried forward and applied
towards the pryment due by the Governments for
the next following quarter in respect of which the
Governments are liable in pursuance of this Agree-
ment to pay an instalment of the annual snm
payable under the provisions cf Clause 6 hereof,

MONTSERRAT,
MonrTsrkRat.

8 British Caribbean Shipping No. 3 of 1055.
( Agreement).

(8) The routine dry docking and routine
maintenance of any of the said ships in the course
of its regular run or the partial interruption of the
said services occasioned by the exercise of the
Company’s powers of temporary interruption
under Clause 3 (1) (iii) and 3 (1) (iv) hereof shall
not be regarded as constituting an interruption or
suspension of the said services for the purposes of
sub-clause (2), (4) or (7) of this clause.

5. The Company shall supply to the Govern-
ments for their information:—

(a2) the Company’s” trading account
together with its audited Balance Sheet and
Profit and Loss account as soon as possible
after the end of its financial year;

(6) a copy of any charter or charters
under which the said ships or any of them
have been chartered by the Company and
which is or are for the time being in force;

(c) at the request of the Governments at
any time any particulars which the Govern-
ments’may reasonably require relative to the
said services including details of revenue and
expenditure: Provided that the Company shall
not be called upon to furnish information
which cannot readily be ascertained by refer-
ence to records maintained by the Company
in the ordinary course of its business,

6. In consideration of the maintenance -of
the said services and of compliance with the terms
and conditions of this Agreement by the Company
the Governments shall make to the Company a
payment at the rate of £50,000 per annum
payable through the Crown Agents in London in
equal quarterly instalments in advance on the first
days of January, April, July and October, the
first payment to be made on the date of the first
sailing from Port-of-Spain after the commence-
ment date on a proportionate basis in respect of
the period from thé commencement date to the end
of that quarter.
No. 8 of 1955. = British Caribbean Shipping 9 Monrsmrrar.
(Agreement).

In the event of the determination of this
Agreement the Company shall refund to the
Governments any sum paid in respect of any
unexpired period of any quarter after the date of
the determination or the date of interruption or
suspension of,the said services under Clause 4 (4)
hereof as the case may be.

7. The Governments shall in the interests of
a punctual service take all steps that lie within
their power—

(a) to avoid hindrance or delay to or
interruption of the regular and punctual
operation of the facilities at the scheduled
ports;

(6) to procure that the reasonable require-
ments of the Company as to facilities for
passenger, cargo and ship clearance inwards
and outwards, cargo assembly, lighterage,
navigational aids and other matters incidental
to the arrival, turn-round and departure of
the said ships at the scheduled ports are met
so as to permit of the maintenance of a
punctual service.

8. Subject to the provisions of Clause 3
hereof the Company shal] have sole control of
the cargo and passenger schedules of the said
ships and of all- bookings and arrangements
relating thereto and shall at all times have full
power to route and re-route the said ships and
to order or forbid them to enter any port and
shall in all such cases inform the Governments
forthwith: Provided that the Company shall at
all times pay due regard to the cargo and pas-
senger needs of the scheduled ports and in
particular to those of them situate in the Wind-
ward Islands and Leeward Islands.

9. The Company shall receive for con-
veyance as priority cargo on the ship or ships
operating the said services wl such letter and

arcel mails as shall be tendered to them by an
accredited Officer or Agent of the Postal Depart-
ment of any of the Governments, and shall
Moxrsennar. 10 British Cardbbean Shipping No. 8 of 19565.
(Agreement).

deliver all such mails at their destination to an
accredited Officer. or Agent of any such
Department. The Company shall make reason-
able provision to the satisfaction of the Govern-
ments for the safety and protection of any mails
whilst. in the Company’s custody. The Govern.
ments shall remunerate the Company for the
conveyance of mails as aforesaid at such rates as
prevail from time to time for the carriage of
mails by sea in the Caribbean area.

10. The ship or ships providing the said
services and any fecder services mentioned in
Clause 8 (1) (iii) shall be manned so far as is
practicable by West Indian crews with the
exception of deck and engineer officers who
are members of the permanent staff of the
owners of the said ships.

11. (1) The Company shall procure the
payment of rates of wages and observance of
hours and conditions of labour not less favourable
than those commonly recognised in respect. of
persons employed in a similar capacity and tn
similar circumstances in the area where em-
ployment takes place.

(2) Where practicable the rates of wages
and the general conditions of employment
shall be fixed by collective agreement between
the employers’ and workers’ organisations
representative of the workers concerned.

12. The Governments may request: the
Company to suspend the said services and to
employ the said ships or any of them for some
other purpose and the Company shall forthwith
comply with such request «unless compliance
involves a contravention of the provisions of the
charter under which the ship in question has
been chartered in which event the Company
shall have ab-olute discretion to comply with
or refuse to comply with such request: Provided
that if the Company shall comply with such
request and whether or not compliance involves
such a contravention as aforesaid the Govern-
No. 3 of 1955. British Caribbean Shipping 1] Montserrat.

(Agreement).

ments shall indemnify the Company in the
amount of any liability, loss, damage or penalty
howsoever accruing suffered or incurred in
consequence of such compliance and shall pay
to the Company reasonable remuneration for
the services pertormed in compliance therewith.

13. Representatives of the Governments
and of the Company shall meet from time to
time at intervals of not more than twelve
months. to review the said services with a view
to making such adjustments and modifications
thereto as in the light of experience of traffic
requirements may appear desirable in the best
interest of the service as a whole. Such
meetings shall be convened by the Kxecutive
Secretary for the time being of the Regional
Economic Committee of the British West lndies,
British Guiana and british Honduras (herein-
after called ‘“‘the Executive Secretary”) at the
instance either. of the Governments or the
Jompany. Nothing in this Clause shall restrict
the right of the parties to amend the First
Schedule hereto from time to time by mutual
agreement.

14. (1) The said ships shall have the
liberty to comply with any orders or directions
as to departure, arrival, routes, ports of call,
stoppages, destinations. delivery or otherwise
howsoever given by the Government of the.
United Kingdom or any department thereof
or by any other Government or any department
thereof or any person acting or purporting to
act with the authority of such Government
or of any department thereof or by any
Committee vr person having under the terms of
the War lisks Insurance on the said ships the
right to give such order or directions and if by
reason of and in compliance with any such
orders or directions anything is done or omitted
the same shall not be deemed a breach of any
covenant or condition of this. Agreement.

(2) In the event of hostilities in which
Her Majesty is engaged in consequence of
MonTsERRAT.

12 British Caribbean Shipping No. 3 of 1955.
(Agreement).

which the said services are interrupted or
suspended this Agreement may be determined
by not less than six months previous notice in
writing given either by the Governments to
the Company or by "the Company to the
Governments.

15. The Company shall procure that at
all times all the relevant provisions of the
Merchant Shipping Act 1894 or any statutory
modification or re-enactment thereof are com-
plied with and shall procure the maintenance
of a valid passenger licence in accordance with
the current legislation in force in the British
West Indies. :

16. (1) The Executive Secretary shall
be the representative of the Governments and
each of them for all the purpose of this
Agreement except the signing thereof, and the
Company shall be entitled to regard him as
fully empowered to act for the Governments
and each of them for all such purposes and to
regard all things done or acts performed by him
in pursuance of such purposes in the name of
or on behalf of the Governments or any one or
more of them as duly and effectively done or
performed by the Governments or such one
or more of them as the case may be and any
notices under this Agreement may be served on
him by the Company or by him on the
Company and if so served shall be deemed to be
duly served" on the Governments or the
Company as the case may be.

(2) A notice under this Agrement shall be

‘deemed to have been ‘duly served—

(a) on the Executive Secretary, if the
Company shall deliver the same, addressed
to the Executive Secretary at his oftice,
Hastings House, St. Michael 18, Barbados;

(6) on the Company, if the Executive
Secretary shall deliver the same, addressed
to the Secretary of the Company, at
No. 5 of 1955. British Caribbean Shipping 18 Montserrat.

(Agreement).

the registered office of the Company,
Port-of-Spain, ‘Trinidad.

17. Any dispute arising out of this
Agreement shall be settled by Arbitration
under the provisions of the Arbitration Act,
1950, of the United Kingdom. Any such
arbitration shall be held at any place in the
West Indies or in the United Kingdom which
may be mutually agreed between the parties or
in default of agreement at any place in the
West Indies or in the United Kingdom which
may be decided by the arbitrators.

18. In this Ayreement—

\

“scheduled port’? means a port mentioned
in the First Schedule hereto, as
amended from time to time by mutual
agreement of the parties hereto and
operative for the time being;

“unscheduled port” means a port other
than a scheduled port.

19. This Agreement shall be governed in
- all respects by the law of England.

First Schedule.

The Company shall provide an _ inter-
island service at approximately three weekly
intervals from Trinidad . (Port-of-Spain) to
Grenada (St. George’s), St. Vincent (Kings-
town), Barbados (Bridgetown), St. Lucia
(Castries), Dominica (Roseau), Montserrat
(Plymouth), Antigua (St, John’s), St. Kitts
(Basseterre), and Jamaica (Kingston), return-
ing to Trinidad (Port-of-Spain) by the same
route.
MONTSERRAT.

14 British Caribbean Shipping No. 3 of 1935.
(.lyreement).

Second Schedule.



S. S. Wingsang”’.

Ship's Particulars:

Built . 1938
Gross Tons ~ 3,560
Net Reg. Tons "1,941 -
Signal Letters VRBR
Official No. | 159488

‘Fitted with Radar

Dimensions:
328! 3” O.A.; 510’ B.P. 48’ B’ th. Md.
27/1 Benen Md.
Light Draft :
Speed. Aa 14 Knots on 22 tons
of good quality furnace oil.
4 Hatches.
Derricks at
No. 1 Two @ 5 tons
No. 2 Three @ 5 tons and one @ 20
tons
No. 3 Two @ 5 tons
No. 4 Two @ 5 tons.

Stowage Particulars:

Bae capacity: Total about 169,020 cubic |
feet which’ includes refrigeration space
for approximately 4%, 600 cubic feet of

. cargo and the necessary machinery
space and baggage room of 927 cubic
feet.

Mail Room—1,440 cubic feet (Opens into
No. 2T/D

Strong Room—700 cubic feet (and can be
used for cargo

Deadweight capacity for cargo about 2,007
tons (allowing for 345 tons bunkers,
358 tons Fresh Water, 120 tons stores
and dunnage and 200 tons permanent
ballast) on Max. Draft 18! 6”.

Total summer deadweight capacity 3,080

tons,
\

. No. 3 of 1955. British Caribbean Shippuiy 15

( Ayreement).

Average immersion: 26 tons per inch.

Fuel Oil Bunker capacity: 345 tons.
Fresh Water tank capacity: 358 tons.

Passenger accommodation:

Accommodation for 20 first class

passengers

passengers

Accommodation for 85 second class

Berthed accommodation for 46 passen-

gers in the poop

370 passengers may be carried in
‘tween decks aft if unberthed
or 150 if berthed provided cargo is

not carried in these spaces,

156 deck passengers on the weather
deck aft according to seasons and

cargo commitments.

The foregoing will be subject to such
variation as may be determined by the West
Indies Passenger Regulations, and to any

amendments from time to time that may be
determined at uny renewal of the passenger

licence.
Third Schedule. ,
. Proposed basis for

apportioning
TERRITORY. shipping contrib-

utions.

£ fo

United Kingdom Government 10,000 20.0
Barbados . 4,400 8.8
British Guiana we 1,000 2.0
Jamaica 15,850 30.7
Antigua .. 850 1.7
St. Kitts w 1,250 2.5:
Montserrat .. 150 3
Trinidad 14250 9 28.5
Grenada . 1,000 2.0
St. Lucia - we, 00 1.5-
St. Vincent ‘- ... 500 1.0 °°
Dominica .. 500 1.0

£50,600 100%

MontTSmRRAT,
Mowrsernar. 16 British Caribbean Shipping No. 3 of 1958.
(.tyreement).

IN WITNESS WHEREOF the said Sm -
Husert Envrn Rance, G.C.M.G., G.B.E., C.B.,
as agent aforesaid, on behalf of the several
Governments of Barbados, British Guiana,
Jamaica, Antigua, Montserrat, St. Kitts-Nevis-
Anguilla, Trinidad and Tobago, Dominica,
Grenada, St. Lucia and St. Vincent has
hereunto set his hand, and the Company has
caused the Common Seal of the Company to
be hereunto affixed on the respective dates
hereinafter appearing:

Signed by Sir Huserr Exvin Rancr, )
at Port-of-Spain, Trinidad, B.W.1., |
this First day of November, 1954, |
in the presence of _. (Sed.) H. E. Rance
(Sgd.) Samurt A. Huacins |
of Red House, Port-of-Spain,
Trinidad, Crown Solicitor.

The Common Seal of the West
Indies Navigation Company Lim- |
ited was hereunto affixed at Port-
of-Spain, Trinidad, B. W.I., this |
First day of November, 1954 by
Firzwitttam Stone & Atcazar$ (Sgd.) R. EB. Suea
the Secretaries of the Company in Director

' the presence of Raymonp Epwarp
SHea a Director of the said
Company in pursuance of a reso-
lution of ‘the Directors of the
Company and in conformity with
the Articles of Association of the
Company in the presence of

(Seal)



(Sgd.) Firzwittiam
Stone & ALCAZAR

(Sgd.) P.. S. EK. Srowng,
Secretaries

|
17 St. Vincent Street, |
Port-of-Spain, Trinidad, |
Solicitor. J

CHARLESWORTH Ross,
‘President.
No. 3 of 1955. British Caribbean Shipping 17 Mowxrenunas.
(Agreement).

Passed the Legislative Council this 30th day of
\ ane) 1955.

Js. H. Carrort,
Clerk of the Council.

: ANTIGODA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BuacxmAn, Government Printer.—By Authority.
195

47{/00366—500—7.55, ; : Price 25 cents.

ee PIP?
LOK7
i
No. of 1955. Bualding Socieiies.

ANTIGUA.
No. of 1955.

_ An Ordinance to provide for the incorporation and
regulation of Building Societies.

ENACTED by the Legislature of Antigua.

1. This Ordinance may be cited as the
Building Societies Ordinance, 1955.

2. In this Ordinance, unless the context
otherwise requires—

‘‘ permanent society’ means a society which
has not by its rules any fixed date
or specified result at which it shall
terminate;

“ Schedule ” means Schedule to this Ordinance;
section’ means section of this Ordinance;

“society ’ means a building society established
under this Ordinance;



Short title.

Interpreta-
tion,

“terminating society” means a_ building ©

society which by its rules is to terminate
at a fixed date, or when a result specified

x in its rules is attained;

326.7297
Lo giz
AnTicua. 2 Building Societics. No. — of 1955.
“the Court”? means the Supreme Court;

“the Registrar”? means the Registrar of the
Court, who shall, for the purposes of
this Ordinance, be the Registrar of
Building Societies.

Tricor poration 8. Every society shall, upon receiving a

of societies . 7 : y ‘ :
certificate of incorporation under this Ordinance in
the form set forth in Schedule’ A, become a body
corporate by its registered name, having 2 common
seal and perpetual succession, until terminated or
dissolved in manner herein provided.

Pe 4. (1) Any number of persons may establish

eave a society for the purpose of raising by the sub-

lished. scriptions of members a stock or fund for making
advances to members ont of the funds of the
society.

(2) A society may be either a terminating
society or a permanent society.

(3) Advances made by a society out of its
funds shall be made upon the security of a mort-
gage of a freehold or a leasehold estate or upon
the security of the withdrawal value of shares
held by members of the society.

(4) Any society shall, so far as is necessary
for the purpose of advances made upon the
security of a mortgage, have power—

(a) to hold land, with the right of
foreclosure;

(6) from time to time to raise funds by
the issue of shares of one or more denomina-
tions either paid up in full or to be paid by
periodical or other subscriptions, and with or
without accumulating interest; and

(c) to repay such funds when no longer
‘required for the purposes of the society:

Provided always that any land to which
a society may become absolutely entitled by
foreclosure or other extinguishment of the
right of redemption shall, as soon after as
may be conveniently practicable, he sold or
converted into money.
No. of 1955. Building Societies. 3 ANTIGUA.

5. The liability of « member of a society in Limitation of
respect of any share upon which no advance-has [ability of
been made shall be limited to the amount actually
paid or in arrear on such share, and in respect of
any share upon which an advance has been made
shall be limited to the amount payable thereon
under any mortgage or other security or under the
rules of the society.

6. With respect to the borrowing of money Power to
by societies the following provisions shall have bo7°w
effect:— oe

(a) a society may within the limits
specified in paragraph (5) or (c) of this
section receive deposits or loans at interest
from the members or other persons, or from
corporate bodies, joint stock companies, or
from any terminating building society, to be
applied to the purposes of the society;

(6) in a permanent society the total
amount so received on deposit or loan and not
repaid by the society shall not at any time
exceed two-thirds of the amount for the time
being secured to the society by mortgayes
from its members;

(c) in a terminating society the total
amount so received and not repaid may either
be a sum not exceeding such two-thirds as
aforesaid, or a sum not exceeding twelve
months’ subscriptions on the shares for the
time being in force;

(d) every deposit book or acknowledge-
ment or security of any kind ‘for a deposit or
loan by a society shall have printed or written
therein or thereon the whole of sections
5 and 6.

7. The rules of every society shall set, Matters to be
forth— set forth in
ort ; the rules,

(a) the name of the society and the
chief office or place of meeting for the
business of the society ;
ANTIGUA.

4

»

Building Soctetivs. No. — of 1955.

(6) the manner in which the stock of
funds of the society are to be raised, the
terms upon which paid up shares (if any)
are to be issued and repaid, whether prefer-
ential shares ‘are to be issued, and if so, within
what limits, if any; whether the society
intends to borrow money and, if so, within
what limits, not exceeding the limits, pre-
scribed by this Ordinance;

(c) the purposes to which the funds of
the society are to be applied and the manner
in which they are to be invested ;

(d) the terms upon which shares may
be withdrawn and upon which mortgages
may be redeemed;

(e) the manner of altering and rescind-
ing the rules of the society and of making
additional rules;

(7) the manner of appointing, remunera-
ting and removing the board of directors or
committee of management, auditors and other
officers; :

(g) the manner of calling general ‘and
special meetings of the members;

(A) provision for an annual or more
frequent audit of the accounts, and inspection
by the auditors of the mortgages and other
securities belonging to the society;

(’) whether disputes between the society
and any of its members or any person claiming
by and through any member, or under the
rules, shall be settled by reference to the |
Court, or to the Registrar, or to arbitration;

(j) provision for the device, custody, and
use of the seal of the society, which shall in all
cases bear the registered name thereof;

(k) provision for the custody of the
mortguge deeds and other securities belonging
to the society;
No. of 1955. Building Soviciies. 5

(2) the powers and duties of the board of
directors or committee of management and
other officers;

(m) the fines and forfeitures that may be
imposed on members;

(n) the manner in which the society,
whether terminating or permanent, shall be
terminated or dissolved.

8. The persons intending to establish a
society shall transmit to the Registrar two copies
of the rules agreed upon by them for the govern-
ment of the society, signed by three of such persons
and by the intended secretary or other officer; and
the Registrar, if satisfied that the rules contain all
the provisions prescribed in section 7, and that they
are in conformity with this Ordinance, shall return
one copy of the rules to the secretary or other
officer of the society, with a certificate of incorpora-
tion, and shall retain and register the other copy:

Provided that no society shall be registered
under this Ordinance in a name identical with that
in which any subsisting society is alreadv registered.

9. Any society may alter or rescind any rule
or make any additional rules in the manner which
its rules direct. And every society «altering or
rescinding any rule, or making any additional rule,
shall forward two copies of every alteration of or
addition to its rules, signed by three members and
the secretary to the Registrar, who, if satisfied that
such alteration, rescission or addition is in conform-
ity with this "Ordinance, shall return one of the
copies to the secretary cr other officer of the
society, with a certificate of registration in the form
set forth in Schedule B and retain and register the
other copy.

10. Any society may in a schedule to its
rules describe the forms of conveyance, mortguge,
transfer, agreement, bond, security for deposit: or
loan or other instrument unecessary for carrying its
purposes into execution.

ANTIGUDA.

Rules to be
made.

Alteration of
rules.

Rules may be
made to pro-
vide forms of
conveyance
etc,
ANTIGUA.

Evidence of
registration.

Rules binding
on members
and others.

Officers to
give security.

Officers to
account.

6 Building Societies. No. of 1955.

11. Any certificate of incorporation or regis-
tration, or other document relating to a society,
purporting to be signed by the Registrar, shall, in
the absence of any evidence to the contrary, be
received by the Court and elsewhere without proof
of the signatare of the Registrar; and a copy of the
rules of a society, certified by the secretary or other
officer of the society to be a true copy of its
registered rules, shall, in the absence of any
evidence to the contrary, be received as evidence of
the rules.

12. The rules of a society shall be binding
on the members and officers of the society and on
all persons claiming on account of a member or
under the rules, all of whom shall be deemed and
taken to have full notice thereof.

18. (1) Every officer of a society having
the receipt or charge of any money belonging to
the society shall, before taking upon himself the
execution of his office, enter into a bond with one
sufficient surety at the least, according to the form
set forth in Schedule ©, or give the security of a
guarantee society, or such other security as the
society directs, in such sum as the society may
require.

(2) Every such bond, guarantee or other
security shall be conditioned for the rendering of a
true and just account of all moneys received and
paid by the officer on account of the society, and
for payment of all sums of money due from time
to time to the society at such times as its rules
appoint, or as the society may require such officer
so to do.

14. Every accounting officer of a society or
his personal representative, shall, upon demand
made or notice in writing given or left at his last
known or usual place of residence, give in his
account, as may be required by the board of
directors or committee of management of the
society, to be examined and allowed or disallowed
by them, and shall, on the like demand or notice
pay over all moneys remaining in his hands and
deliver all securities and effects, books, papers, and
No. of 1955. Building Societies. 7

property of the society in his hands or custody to
such person as the suciety appoints; and in case
of any neglect or refusal to deliver such account
or to pay over such moneys or to deliver such
securities and effects, books, papers and property
in manner aforesaid, the society may sue upon the
bond of the accounting officer concerned or may

apply to the Court, which may proceed thereupon
in a summary way and make such order thereon as
to the Court in its discretion may seem just, which
order shall be final and conclusive.

15. (1) Any society muy from time to time,
as the rules permit, invest any portion of its funds,
not immediately required for its purposes, upon
real or leasehold securities, or in the securities of
the Government of the United Kingdom or of any
British Possession, or in such other way as by
unanimous resolution of the directors may be
determined.

(2) For the purposes of investments in the
public funds or otherwise where the appointment
of trustees may be required, it shall be lawful for
the society or board of directors or committee of
management thereof from time to time to appoint
or remove trustees.

16. If any member of or depositor with a
society, having in the funds thereof a sum of
money not exceeding one hundred and fifty dollars,
dies intestate, the amount due may be paid to the
person who appears to the directors or committee
of management of the society to be entitled, under
the law for the time being regulating the devolu-
tion of personal estate applicable to the case, to
receive the same, without taking out letters of
administration, upon the society receiving satisfac-
tory evidence of death and a statutory declaration
that the member or depositor died intestate and
that the person so claiming is entitled as aforesaid:

Provided that whenever the society after the
decease of any member or depositor has paid any
such sum of money tu the person who at the time
appeared to be entitled to the effccis of the
deceased, under the belief that such deceased had

ANTIGUA.

Investment
of surplus.

Payment of
sums not
exceeding
$150 when
members or
depositors die
intestate.

Paym=nt to
persons
appearing to
be next of kin
declared valid,
'

ANTIGUA.

Provisions for
the case of a
member dying
intestate.
leaving an
infant heir.

Punishment
of fraud in
withholding
money ete.

Initiation of
proceedings.

8 Building Societies. No. of 1955.

died intestate, the payment shall be valid and
effectual with respect to any demand from any
other person as next of kin or as the lawful
representative of such deceased member or deposi-
tor against the funds of the society, but neverthe-
less such next of kin or representative shall have
his lawful remedy for the amount against the
person who received the same.

17. Wherever a member ofa society, having
executed a mortgage to the society, dies intestate,
leaving an infant heir or infant co-heiress, it shall
be lawful for the society, after selling the mort-
gaged premises, to pay to the administrator or
administratrix of the deceased member any money.
which may remain in the hands of the society
after paying the amount due to the society and-the
costs and expenses of sale.

_ 18. If any person by false representation of
any kind obtains possession of any moneys, securi-
ties, books, papers, or other effects of a society, or,
having the same in his possession, withholds or
misapplies, or wilfully applies the whole or any
part thereof to purposes other than those expressed
or directed in the rules of the society and author-
ized by this Ordinance, he shall be guilty of an
offence and shall be liable on summary conviction
to a penalty of one hundred dollars and it shall be
lawful for the Magistrate to make an order that he
forthwith deliver up to the society all such moneys,
securities, books, papers, or other effects, and do
forthwith repay to the society the amount of
money applied improperly, and in default such
delivery of effects or repayment of such amount
of money or payment of such penalty it shall be
lawful for the Magistrate to sentence him to be
imprisoned, with or without hard labour, for three
months; but nothing herein contained shall prevent
any such person from being proceeded against by
way of indictment if a conviction has not been
previously obtained against him for the same
offence under the provisions of this Ordinance.

19. Proceedings under section 18 may be
taken by or at the instance of —

(a) the society; or
No. of 1955. Building Socteties. 9 AwNTIeUA.

(b) any member authorized by the
society or by the board of directors or com-
mittee of management of the society or by the
Registrar; or

(c) the Registrar.

20. (1) A society may terminate or be Proceedings

Bey ics = necessery for
dissolved the termina-

: tion or diaso-
(a) upon the happening of any event lution of a

declared by its rules to bring about or to be soolety.
the termination of the society ;

(6) by dissolution in. manner prescribed
by its rules;

(c) by dissolution with the consent of
three-fourths of its members holding not less
than two-thirds of the unmber of shares in the
society, testified by the signatures to the
instrument of dissolution ;

(d) by winding up, either voluntarily
under the supervision of the Court or by the
Court, if the Court shall so order, on the
petition of any member authorized by three-
fourths of the members present at a general
meeting of the society specially called for the
purpose to present the same on behalf of the
society, or on the petition of any judgment
creditor for not less than two hundred and
fifty dollars. General rules and orders for
regulating the proceedings of the Court under
this section may be made by the Chief Justice.

(2) Every instrument of dissolution shall set
forth—

(a) the liabilities and assets of the
society in detail;

(b) the number of members and the
amount standing to the credit in the booke of
the society ;

(c) the claims of depositors and other
creditors and the provision to be made for
their payments;
ANTIGUA. |

Societies may
unite with
others, or one
society may
transfer its
engagements
to another.

Determination
of disputes
by arbitration.

10 Building Societies. No. of 1955.

(d) the intended appropriation or divi-
sion of the funds and property of the society ;

(e) the names of one or more persons
to be appointed trustees for the special pur-
pose, and their remuneration.

(3) Alterations inan instrument of dissolution
may be made with the like consent, testified in the
same manner as in the original instrument.

(4) Every instrument of dissolution and all
alterations therein shall be registered in the man-
ner provided for the registration of rules and shall
be binding on all members of the society.

(5) Notice of the commencement and ter-
mination of every dissolution or winding up shall
be sent to the Registrar and registered by him.

21. Two or more societies may unite and
become one society, with or without any dissolu-
tion or division of the funds of such societies or
either of them, or a society may transfer its
engagements to any other such society upon such
terms as shall be agreed upon by three-fourths of
the members (holding not less than two-thirds of
the whole number of shares) of each of such
societies respectively present at general meetings
convened for the purpose. Notice of every such
union or trausfer shall be sent to the Registrar and
registered by him.

22. Where the rules of a society direct
disputes to be referred to arbitration the following
provisions shall apply :—

(a) the arbitrators shall be named and
elected in the manner provided by the rules
or, if there be no such provision, at the first
general meeting of the society;

(6) none of the arbitrators shall be
persons who -are beneficially interested,
directly or indirectly, in the ‘funds of the
society ;

(c) not less than three arbitrators shall
be chosen by ballot in each case of dispute,
the number of arbitrators and the mode of
No. of 1955. Building Societies. 11 AntTicua.

ballot being determined by the rules of the
society ;

(ad) the names of the arbitrators shall be
duly entered in the minute book of the
society, and in the case of death or refusal or
neglect of any of the arbitrators to act, the
society, at a general meeting, shall name and
elect an arbitrator to act in the place of the
arbitrator dying, refusing or neglecting to act;

(e) whatever awards shall be made by
the arbitrators or the major part of them,
according to the true purport and meaning of
the rules of the society, shall determine the
dispute.

23. Should either of the parties to the Court may
dispute refuse or neglect to comply with -or orice ae
conform to the award within a time to be limited decision of .
therein, the Court, upon veing sntisfied that the rbitratore.
award has been made and of the refusal of the
party to comply therewith, shall treat the award
as if it were a judgment of the Court, and enforce
compliance therewith upon the petition of any
person concerned, in the same manner as it would
enforce a judgment.

; 24. Where the parties to any dispute Determination
arising in a society agree to refer the dispute to the ea by
Registrar, or where the rules of the society direct
disputes to be referred to the Registrar, his award
shal] have the same effect as that of arbitrators.

25. The Court may hear and determine Determination

a dispute in the following cases:— Ca

(a) if it uppears to the Court, upon the
petition of sny person concerned, that applica-
tion has been made by either party to the
dispute to the other party, for the purpose of
having the dispute settled by arbitration
under the rules of the society, and that the
application has not within forty days been
complied with, or that the arbitrators have
refused or for « period of twenty-one days
have neglected to make any award;
ANTIGUA.

Determina-
tion to be
final.

Buildings
may be
purchased or
lensed,

Minors may
be elected
members.

Shares may
be held by
two or more
persons,

Annual
account and
statement of
funds,

12 Buildiny Societies. No. of 19565.

(6) where the rules of the society direct
disputes to be referred to the Court.

26. Every determination of a dispute by

arbitrators or by the Court or by the Registrar’

under this Ordinance shall be binding and conclu-
sive on all parties, and shall be final, and shall not
be subject to appeal:

Provided always that the abitrators or the
Registrar, as the case may be, may, at the request
of either party, state a case for the opinion of the
Court on any question of law, and shall have power
to grant to either party to the dispute such
discovery, as to documents or otherwise, as might
be granted by the Court.

27. A society may purchase, build, hire, or
take upon lease any building for conducting. its
business, and may purchase or hold upon lease : any
land for the purpose of erecting thereon a building
for conducting its business, and t may sell, exchange,
or let such building or any part thereof.

28. Any person under the age of twenty-
one years may be admitted as a member of a society,
the rules of which do not prohibit such admission,
and mav give ail necessary acquittances, but during

‘his minority he shall not hold any office in the

societ Ye

29. Two or more persons may Jointly hold
a share or shares in a society; and all shares held
jointly by any two or more persons in any society
existing before the commencement of this Ordi-
nance, the rules whereof do not prohibit such joint
holding, shall be deemed to be unlawfully so held,

30. (1) The secretary or ether officer of a
society shall, once at least in every year, prepare—

: (a) an account of all receipts and
expenditure of the society since the preceding,
statement;

(6) a general statement of its funds and
effects, liabilities and assets, showing—

(i) the amount due to the holders

of the various classes of shares,


No. of 1955. Butlding Sucieties. 13

and to depositors and creditors
for loans;

(ii) the balance due or outstanding:

on their mortgage securities,
not including prospective in-
terest; and

(iii) the amount otherwise invested.

(2) Every such account and statement shall
be attested hy the auditor or auditors to whom the
mortgage deeds and other securities belonging to
the society shall be produced; and the account and
statement shall be countersigned by the secretary
or other officer.

(3) Every member, depositor, and creditor
for loans shall be entitled to receive from the
society a copy of the account and statement, and a
copy thereof shall be sent to the Registrar within
fourteen days after the annual or general meeting
at which it is presented.

81. (1) If any society hereafter formed, or
any persons representing themselves to be a society,
commence business without first obtaining a certi-
fieate of incorporation, or if any society make
default in forwarding to the Registrar any returns
or information by this Ordinance required, or
make a return wilfully false in any respect, the
person or persons by whom business is s0 com-
menced, or by whom default is made, or who
have made such false return, shall be lable on
summary conviction, for every day that business is
so carried on, or for every such default or false
return, to a fine of fifteen dollars.

(2) If any society receives loans or deposits
in excess of the limits prescribed by this Ordinance,
the directors or committee of management of the
society shall be personally liable for the amount so
received in excess.

832. The fees specified in Schedule D shall
be paid to the Registrar by every society.

ANTIGUA.

Penalties.

Fees of
Registrar,
Antiaua. 14 Building Societies. No. of 1955.

Regulations. 33. The Governor in Council may make
Regulations for carrying out the purposes and
intention of this Ordinance, and may alter the |
Schedule of fees hereto annexed. ,

President.

Passed the Legislative Council this day of
1955.

Clerk of the Council.

Schedule A. (Section 3.)

FORM OF CERTIFICATH OF INCORPORATION.

UT yscunec tues harneataerecsssenauswanvesseeveiewss sean tatecttselersvestes Registrar
of Building Societies in Antigua, West Indies, hereby certify that the
Ai vteeVeeUaatneceaibei sassy ceisencnseesudecevese ey Building Society established at

susie se besos cndsrepuctertecsiceaigs eur ecret in the island of Antigua is incorporated
under the Building Societies Ordinance, 1955.





GIVEN under my hand this...............day Of.....cccccseseunceeeeees ;
19 ; .
Registrar of Building Societies.
Schedule B. ~ (Section 9.)
- FORM OF CERTIFICATE OF REGISTRATION OF ALTERATION
OF RULES.
The Registrar hereby certifies that the foregoing alteration of
(or addition to) the rules Of the.........ccccsscssccsccsececctsssccescescnsseseesees
Building Society, established at...........cccecccccecsceseceescesesvecsccscesenses :
is registered under the Building Sociéties Ordinance, 1955.
GIVEN under my hand this............ day of.......... incon ‘
19° :
: Registrar of Building Societtes,
No. of 1955. Building Societies. 15 Antigua.
Schedule C. (Section 13.)

FORM OF BOND.

Know all men by these presents that W6........ccccsceeseeceees Te

Wale Vausies tabile Saou deedeedaisexiec nes Ole cdistecsine sents seaasne dds sadelevca tenes ein tea ails
one of the officers: Of the o25 seessyous toda ascend aevcve cage sedan viueecsts ‘Building
ey established at...... ccc cee cssseeeeeseeeneeeeees ID tHO ses cad eeciscvcess eves
Peieciuis aac s edwase OF iced csielive ee loeeb ese aces spewed p ODO: civececesees seve
Movies otetos vans te saeeerure Of ec ceccce cee eeeceecnecereeseesesseeesseseseee (9 SUFELTY ON
behalf of the said....... A ecsengracedde di Feaet sxaewteude tear ecsaetotadecsdageseentes sss)
are jointly and severally held aid firmly bound to the said society in
ONO SUIMN: OL sais cetbesca aces roccersessestia Sarees to be paid to the said society,

for which payment well and truly to be made we jointly and severally
bind ourselves and each of ua by himself, our and each of our heirs,
executors and administrators, firmly by these presents, sealed with
our seals.

Dated the..........:....00 AY Of icaviceckcoseseveceseeeds in the year of
our Lord 19

WheBeas the above-bounden.,.........cccsccccectcecceesavescvescucens hath
been duly appointed fo the office Of........ccsscccssscceeccceaeceesstensccaueees
Of ANG ois cts esas ve ee se aavecnseeeoaeeaeenees Building Society, established as
aforesaid, and he, together with the above-bounden...........cccccsecesoeees
Darcey asevdsciseteresbs aus his surety, have entered into the above-written
bond, subject to the conditions hereinafter contained.

Now, therefore, the condition of the above-written bond is such
hats 1E the SAL. .cec inside seus teceeenesdeyevens teveeliueteseds shall and do render
a just and true account of all moneys received and paid by him and
shall and do pay over all the moneys remaining in his hands, and
assign and transfer or deliver all securities and effects, books, papers
and property of or belonging to the said society, in his hands or
custody, to such person or persons as the said society shall appoint,
according to the rules of the said society, together with the proper or
legal receipts or vouchers for such payments, then the above-written
bond shall be void and of no effect, otherwise shall be and remain in

’ full force and virtue.

Schedule D. (Section 32.)

SCHEDULE OF FREES PAYABLE TO THE REGISTRAR OF
BUILDING SOCIETIES.

For registering any document 12c. a folio—but in no case

less than att 60c.
For granting certificate of incor poration i $5.04
For granting any other certificate required by the

Ordinance it 720.

Acting as arbitrator in any matters ‘qeferred to him for
every day during which he shall be so engaged ... $5.04

President.
S

va

Awtreva. 16 Building Societies. ,No. of 1955.

Passed the Legislative Council the day of 1955.

Olerk of the Council.

OBJECTS AND REASONS.

The object of this Bill is to make provision for the incorporation |
and regulation of Building Societies in the Presidency.

DESMOND A. MACNAMARA,
Ag. Crown Attorney.

ANTIGUA.
Printed at the Government Printing Office, Ie eward Islands,
by E. M. Buackman, Government Printer.—hy Authority.
ae 1956,
316—7.55, [ Price 18 cents.)