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Citation |
- Permanent Link:
- http://ufdc.ufl.edu/UF00076863/00266
Material Information
- Title:
- Leeward Islands gazette
- Creator:
- Leeward Islands (West Indies)
- Place of Publication:
- [Antigua
- Publisher:
- Gov. Printing Office]
- Publication Date:
- Jul 14, 1955
- 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 )
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Notices,
It is notified for general infor-
mation that Mr. McW. ToDMAN,
Administrative Assistant fo the Com-
missioner, Virgin Islands, has been
appointed to be a member of the
xecutive Council of the Virgin
Islands with effect from the 8th July,
1955, consequent upon the resignation
of Mr. N. E. A. HARRIGAN.
The Secretar iai,
Antigua.
8th July, 1955.
It is notified for general information
that Mr. McW. ToDMAN, Administra-
tive Assistant to the Commissioner,
Virgin Islands, has been appointed
to be a member of the Legislative
Council of the Virgin Islands with
effect from the 8th July, 1955, con-
sequent upon the resignation of
Mr. N. BE. A. HARRIGAN.
The Secretariat,
Antigua.
8th July, 1955.
It is hereby notified for general
information that pursuant to Section
9 of the Marriages, Births and Deaths
Registration Act, 1870, as amended
by Sec. 2 of Antigua Ordinance
No. 6 of 1924, Mr. A. K. C. ISaac of
Barnes Hill, St. George, has been
appointed Deputy Assistant Registrar
for the Parish of St. George in the
Island of Antigua.
O&cIL O. BYRON,
Acting Registrar-General.
It is hereby notified for general
information that pursuant to Section
9 of the Marriages, Births and Deaths
Registration Act, 1870, as amended
by Sec. 2 of Antigua Ordinance
No. 6 of 1924, Miss VERA BROWN,
of Newfield, St. Philip, has been
appointed Deputy Assistant Registrar
for the Parish of St. Philip in the
Island of Antigua.
CECIL O. BYRON,
Apgting Registrar-General.
VOL. LXXXIII.
THE LEEWARD
GAZETTE.
y
Nee
aaah
Published by Authority.
THURSDAY, 14ra JULY, 1955.
Declaration dated ist July,
1955, made under Section 3
of the Land Acquisition Act,
1944 (No. 11/1944), for the
acquisition of certain land
in the Presidency of Saint
Christopher Nevis and An-
guilla required for public
purposes.
ITIS HEREBY DECLARED that
the Governor in Council with the
approval of the Legislative Council
of the Presidency of Saint Christopher
Nevis and Anguillg considers that
the land described in the Schedule
hereto, situate in the island of An-
guilla in the said Presidency should
be acquired for public purposes,
namely, for the erection of a septic
privy, in the said Presidency and
for the provision of access thereto
from the public road.
SCHEDULE.
An area of approximately 1642
square feet situate at Sandy Ground
in the island of Anguilla in the
Presidency of Saint Christopher-Nevis
and Anguilla and bounded on the
North by lands of AMELIA ODLUM
and RuTH LAKE on the South by
lands of ROSE CHARBONIER, OLIVE
BAPTISTE, ELIZABETH PONTIPHLET,
and RutH ANN HODGE or the Heirs
of WHITWORTH HODGE, deceased,
on the East by a Public Road and on
the West by the sea. :
Dated this Ist day of July, 1955.
J. S. ARCHIBALD,
Olerk of the Counoil.
OONFIRMATION OF ORDINANCES,
No. 76.
The Secretary of State for the
Colonies has informed the Governor
that the power of disallowance will
not be exercised in respect of the un-
dermentioned Ordinance:—
Virgin Islands.
No. 10 of 1954, “The Legislative
Council (Extension of Duration)
(Repeal) Ordinance, 1954.â€
No. 31.
No. 77.
The following Ordinances are cir-
culated with this Gazette and form
part thereof :—
Antigua.
No. 6 of 1955, ‘The Appropriation
Ordinance, 1955.â€
2 pp. Price 4 cents.
No. 7 of 1955, ‘“‘The Firearms
(Amendment) Ordinance, 1955.â€
) pp. Price 7 cents.
Virgin Islands.
No. 6 of 1955, “The Land and
House Tax Ordinance, 1955.
15 pp. Price 18 cents.
In the matter of the estate of
Ella Van Engle, deceased.
(UNREPRESENTED).
To all creditors of the above esiate.
You are hereby notified that you
are to come in and prove your debts
and file your claims at the office of
the Administrator of Istates 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 ont 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 renuested to pay the
amount of their respective debts
to me.
Dated the 16th day of June, 1955.
H. S. L. MOSELRY,
Administrator of Estates.
114
Vacant Post of Sanitary
. Superintendent, St. Vincent,
W.I.
Applications are invited for the
post of Sanitary Superintendent in
the Medical Department, Saint Vin-
cent, British West Indies.
2. Candidates must possess the
Sanitary Inspectors Certificate of
the Royal Sanitary Institute. They
should have a working knowledge of
the construction and maintenance of
small 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. Candidates
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
THE LEEWARD ISLANDS GAZETTE.
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 scale $2304x
$96-$2784. Transport allowance for
the maintenance of « 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 July, 1955.
Government Office, . nt
Saint Vincent, 28,
20th June, 1955. .
e
Ref. No. 13/00286, he
‘ ANTIGUA.
poses ot vet
3 wv
[14 July, 1955.
TRAFFIC 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 declare tha all traffic
signs on or near any roadway in
this Presidency are authorised and
retained by me.
E. M. V. JAMES, Lt. Col.,
Traffic Commissioner.
28th June, 1955.
Ref. No. 36/00004.
RAINFALL FIGURES.
Central Mxperiment Sthtion,
Antigua.
1951. 1952. 1963. 1954. 1958.
Jan. 3.60 3.10 2.55 3.44 2.16
Feb. 1.88 160 1.02 245 .68
Mar. 1.09 1.62 5.60 1.08 3s
Apr. 2.16 3.14 206 49 41.75
May 10.54 3.07 1.50 3.83 2,81
Jane .. 2.74 5.74 1,31 3.32 147
July 9th 98 240 1.16 45 04
22.99 20.67 15.20 15,06 9.74
—h
Printed at the Government Printing Office, Leeward Islands, by E, M, BLACKMAN,
Government Printer.—By Authority
1966.
[Price 33 cents]
Wkete — peer
Ld
No. 6 of 1955. + Appropriation.
[L.8.]
I Assent,
P. D. Macponap,
Acting Governor.
2nd July, 1955.
[1st January, 1955.]
ANTIGUA.
No. 6 of 1955.
‘ An Ordinance to provide for the services of the
Presidency of Antigua for the year ending on
the 31st day of December, 1955. ,
ENACTED by the Legislature of Antigua
as follows:—
1. This Ordinance may be cited as the
Appropriation Ordinance, 1955.
2. There shall be and there is herehy grant-
ed to Her Majesty the Queen for the service of the
Presidency of Antigua for the year ending on the
thirty-first day of December, 1955, the sum of
six million, six hundred and ninety-six thous-
and, one hundred and fifteen dollars over and
above the sums granted and provided under; the
Acts and Ordinances in force in the Colony and
this Presidency, to be applied and expended in the
manner and for the services set forth in the Schedule
hereto.
3. The said sum of six million, six
hundred and ninety-six thousand, one hundred
and fifteen dollars shall be and the same is
hereby declared to be charged upon and made pay-
able from and out of the General Revenue and
_ other funds of the said Presidency.
4. The Chief Accountant of the said Presi-
dency is hereby authorised and required from time
to time upon the order of the Governor to pay the
annual sums appropriated by and in the said
Schedule to the several services therein mentioned,
Short title.
Appropriation.
Sums charged
on General
Revenue.
Payments
how made
as the said order or warrant shall direct out of the .
3 >8. 797
Lygge
Z = CART. 2 Appropriation... No. 6 of 1955.
#* General Revenue and other funds of the said
-"<.. Presidency without further order or formality.
5. This Ordinance shall be deemed to have
had effect as from the Ist day of January, 1955.
Arc Lovetacr,
President.
Passed the Legislative Council the 29th day
of April, 1955.
J. L. Roprnson,
Clerk of the Couneil.
SCHEDULE.
No. Service. Amount,
1. Charges on Account of Public Debt i 39480
2. Pensions and Gratuities os 73049
3. Federal Contribution .. «= 829644
4, Administration wee = 152829
5. Barbuda ; ee 46569
6. Customs Excise Port & Supply ee 63620
7. Agriculture, etc., Peasant Development ... 3336660
8. ‘Registrar & Provost Marshal se 20169
9. Magistrates ee 18548
10. Police are 65670
11. Prison and Training School note 67767
12. Medical & Central Board of Health .. 342294
13. Hospital & Charitable Institutions .. 375740
14. Education vs 342870 .
15. Government Undertakings ee 42580
16. Treasury age 34871
17. Labour wes 21785
18. Public Library de 9601
19. Military oe 24432
20. Miscellaneous w=: 173814
21. Coolidge Air Base Ss 18240
22. Post Office & Telephones ... ~ 134201
23. Public Works Dept. a 86062
24. Public Works Recurrent ... 429300
25. Public Works Extraordinary .-- 192000
26. Colonial Development Schemes owe = 254320
Total .- 6696115
ANTIGUA.
Printed at the Government Printing Office Leeward Islands.
hy E. M BLackman, Government Printer.—By Authority.
1955,
500—7.55. [Price 4 cents.]
Sd
No. 7 of 1955. Mirearms (Aimendment). - ANTIGUA.
[L.S. }
I Assent,
P. D. Macponatp,
Acting Governor.
2nd July, 1955.
[2nd July, 1955]
ANTIGUA.
No. 7 of 1955.
An Ordinance to amend the Firearms Ordinance,
°1952.
ENACTED by the Legislature of Antigua
as follows:—
1. This Ordinance may be cited as the Fire- short title.
arms (Amendment) Ordinance, 1955 and shall be
read as one with the Firearms Ordinance, 1952, 14/195¢.
hereinafter called the Principal Ordinance. '
2. Section 2 of the Principal Ordinance is ,Amendment
hereby amended by the deletion of the definition of - eaaeial
the expression “Gazetted Police Officer†and the Ordinance.
insertion in the appropriate place of the following
definition :—
. Superintendent of Police †means the Gazetted
Police Officer in charge of the Police
Division established in the Presidency and
includes any police officer, or government
officer «authorised in writing by the
Superintendent, of Police to act on his
behalf in relation to the licensing of
firearmsâ€; —
ANTIGUA.
Amendment
of section 13
of Prinvipal
Ordinance.
Amendment
of section 17
(1) of ‘Prin-
cipal Ordi-
na nee.
Firearms (Amendmené) No. 7 of 1955.
Section 13 of the Principal Ordinance is
hereby amended by—
(i) the substitution of the words “ Super-
intendent of Police� for the word
“ Treasurer’? wherever it occurs in
subsection (1) of the section; and
(ai) the deletion of the words “‘at the
Treasury by the Treasurer ’’ occur-
ring in subsection (2) of the section
and the substitution therefor of the
words “in the Divisional Police
Headquarters in the Presidency.â€
4. Subsection (1) of section 17 of the
Principal Ordinance is hereby amended by—
(i) the insertion in the introductory
words of the subsection between
the words “ Treasurer†and “ under â€
occurring in the second line of the
words and commas “or the Superin-.
tendent of Police, as the case may
b ,
ey 5
(ii) the insertion after the word “ whichâ€.
occurring at the end of the first line
of paragraph (a) of the subsection of
the words “may be issued: by the
Treasurer and â€â€™;
(iil) the insertion after the word ‘“ which â€.
occurring at the end of the first line
of paragraphs (0) and (c) respectively
of the subsection of the words ‘‘ may
be issued by the Superintendent of
Police and mg
(iv) the deletion in the last sentence of the
subsection of the word “ Treasurer â€â€™
occurring in the second line thereof
and the substitution therefor of the
words ‘Superintendent of Police â€
No. 7 of 1955. = Firearms (Amendment). 3 ANTIGUA.
5. Section 18 of the Principal Ordinance is Amendment
hereby amended as follows:— of section 18
/ of Principal
(i) Subsections (1) and (2) of the section ee
are amended by the deletion of the
words “obtained and delivered to
the Treasurer a certificate from a
Gazetted Police Officer â€â€™ and “ has:
obtained and delivered to the Treas-
urer a certificate from a Gazetted
Police Officer â€â€™ respectively occurring
therein and the substitution therefor
of the words “ satisfied the Superin-
tendent of Police â€â€™.
(ii) The following is hereby substituted
for subsection (3) of the section:—
““(3) Where the Superin-
tendent of Police is satisfied that
an applicant is a fit and proper
person to carry and use a fire-
arm he shall give to such applif
cant a certificate to that effect
and shall make un entry of his
having done so in a register of
persons licensed to carry and
use firearms to be kept in the
Divisional Police Headquarters
in the Presidency.
(iii) Subsection (4) is amended by the
substitution of the words the “ Super-
intendent of Police†for the words
‘“a Gazetted Police Officer’ occur-
ring in the last line of the subsection;
(iv) The following is hereby substituted
for subsection (5) of the section:—
““(5) An entry shall be
made by the Superintendent of
Police of the cancellation of
such certificate in the register of
persons licensed to carry and
use firearms and notice in writ-
ing of such cancellation shall be
given to the holder of the
licence.â€
ANTIGUA.
Amendment
. of section 20
of Principal
Ordinanoe.
Amendment
of sectien 26
of Principal
Ordinance.
Amendment
of section 29
of Principal
Ordinance,
4 Firearms (Amendment). No.7 of 1955.
(v) Subsection (6) is amended by the sub-
stitution of the words “ the Superin-
tendent of Police†for the words
‘1 Gazetted Police Officer’ occur-
ring in the second line of the sub-
section ;
; (vi) The following is hereby substituted
for subsection (7) of the section:—
‘““(7) Every certificate de-
livered under this section shall
be in the Form G in the First
Schedule to this Ordinance,
adapted to suit the particular
purpose.â€
6. Section 20 of the Principal Ordinance is
hereby amended by the insertion between the word
‘“ Treasurer †and the comina occurring in the first
line of the section of the words and commas “in
arespect of a licence issned under paragraph (a) of
subsection (1) of section 17 of this Ordinance, and
the Superintendent of Police in respect of a licence
issued under any of the paragraphs (6) to (c) of
the said subsection, as the case may beâ€â€™.
7.. Section 26 of the Principal Ordinance is
hereby amended by the deletion of the words
‘‘ Treasurer or any police officer †occurring therein
and the substitution therefor of the words “ Super-
intendent of Policeâ€
8. Section 29 of the Principal Ordinance is
hereby amended by—
(i) the deletion of the words “the
Treasurer or†occurring in the
second line thereof and the substitu-
tion of the word “him†for the
word “them†occurring in the
fourth line; and
(ii) the deletion of the marginal note
appearing against the section and
the substitution therefor of the
following :—
‘“* Obstruction of police officer,â€
No. 7 of 1945. Firearms (.'mendment). 5 ANTIGUA.
9. Section 30 of the Principal Ordinance is Amendment
hereby amended by the deletion of the words “ The ee a
Treasurer or any police officer may†and the Ordinance.
substitution therefor of the words ‘“ Any police
officer may â€â€™.
10. Subsection (3) of section 41 of the Prin- Amendment
cipal Ordinance is hereby amended by the deletion ty oe pena:
of the words “ the Treasurer or †occurring therein pal Ordinance.
and the deletion of the marginal note “ Penalty â€
appeuring against the said subsection,
11. The amendments specified in the second Minor amend-
column of the Schedule to this Ordinance being ee
amendments of a minor nature, shall be made in the
provisions of the Principal Ordinance specified in
the first column of that Schedule.
SCHEDULE.
Sections 10, 14, 16, 22. 33, 37 and | The expression “the Superinten-
Forms D, K. F and G of the; deiit of Police†shall be substitnted
First. Schedule to the Ordinance. | for the exprossions “a Gazetted
Police Officer†and “the. Treas-
urer †respectively wherever those
occur in the sections, the relative
marginal notes and the Forms.
ALEC LOVELACH,
President.
Passed the Legislative Council this 5th day of May, 1955,
J. L. Roprinson,
Olerk of the Council.
ANTIQUA.
Printed at the Government Printing Office. Leeward Islands,
by BE. M. BLackMAn, Government Printer.—By Authority.
1955. E
500—7.55. Price 7 cents.
No. 6 of 1955, Land and House Taz.
[L.S.]
T Assent,
P. D. Macpowatp,
Governor’s Deputy.
11th May, 1955.
VIRGIN ISLANDS.
No. 6 of 1955.
An Ordinance to consolidate and amend the Laws
relating to the levying of tax on land and
houses.
ENACTED a the pia of the Virgin
Islands as follows:—
1. This Ordinance may be cited as the Land
and House Tax Ordinance, 1955.
2. In this Ordinance, unless the context
otherwise requires—
‘‘agsessment list †means any of the assessment
lists referred to in section 4 of this
Ordinance and includes any portion or
extract taken from any such list;
“ Commissioner’ means the Commissioner of
the Presidency ;
“‘yoods†includes crops whether severed or
otherwise, live and dead stock and all
other personal property ;
Vircin
ISLANDS.
Short title,
Interprota-
tion.
VIRGIN 2 Land and House Ta. | No. 6 of 1955
ISLANDS.
“house� means any dwelling house and any
outhouse or other building within the
curtilage used in connection with a
dwelling house, aud any shop, store, shed
or any other kind of building or tenement.
whatsoever, and any house whether affixed
to the soil or not and whether occupied or
unoccupied ;
“land†means any plantation, estate or other
land whatsoever, whether cultivated or
uncultivated, except plots of land on
which houses are affixed to the soil when
such plots do not exceed one half of an
acre in extent;
‘“‘ owner †means any owner, trustee, receiver,
attorney, manager or any other person in
charge or having the control or possession
of any land or house;
- property †includes land and house as defined
in this section;
“tax assessor†means the tax assessor
appointed under subsection (1) of section
4 of this Ordinance;
‘Treasurer’? means the Treasurer of the
Presidency and includes the Assistant
Treasurer.
eee 8. (1) There shall be raised, levied, collected
"and paid into the Treasury for the public uses of
the Presidency—
(a) an annual tax, in this Ordinance
referred to as “land taxâ€, payable on every
acre or part of an acre of land in the Presidency
liable to pay such tax; and
(6) an annual tax, in this Ordinance
referred to as “ house taxâ€, payable on the
assessed value of every house in the Presidency
liable to pay such tax;
Provided that no land tax or house tax, as the
case may be, shall be charged in respect of —
No. 6 of 1955. Tand and Thuse Tax. 3
(a) ary land.or building being the prop-
erty of Her Majesty or of the Presidency and
used exclusively for public purposes;
(6) any hospital, asylum or other institu-
tion maintained out of the revenues of the
Presidency ; .
(c) any building set apart and used solely
for divine service;
(d) any building set apart and used as a
residence for ministers of religion;
(e) any building set apart and used as a
community centre;
(7) any building used as the school
house of any school registered under the
provisions of the Elementary Education Act.
(2) Subject to the provisions of subsection (4)
of this section the Governor in Council may from
time to time by order fix the rates of land and
-house tax which shall be leviable under subsection
(1) of this section.
(3) The powers conferred upon the Gov-
ernor in Council by subsection (2) of this section
to fix the rates of land tax shall include the
power to classify land as he may think fit accord-
ing to its location, productivity, use and area and
the standard of husbandry with which it is
cultivated, and to fix different rates of tax upon
the lands comprised within the different classes.
(4) No rates fixed by the Governor in Coun-
cil under this section shall have effect until the
order under which they have been fixed shall
have been approved by a resolution of the
Legislative Council, and every order so approved
shall be published in the ‘‘azette.
(5) If any dispute shall arise as to whether
any property is exempt from tax under the
proviso to subsection (1) of this section, it shall
be referred to the Governor whose decision shall
be final.
VirGIn
Isnanns,
Cap. 86,
VIRGIN
ISLANDS.
Appointinent:
of tax assessor
and prepara-
tion of assess-
ment list,
Power to
require infor-
mation and to
inspect and
measure.
4 Land and llouse Ti, No. 6 of 1955.
4. (1) The Governor may appoint a fit and
proper person, hereinafter referred to as the “ tax
assessor’, to assess property liable tu tax under
this Ordinance and to perform the duties imposed
on the tax assessor by this Ordinance and by
Regulations made under it.
(2) The tax assessor shall annually assess
and re-assess all property in the Presidency liable
to tax under this Ordinance, and when any
property is so assessed or re-assessed by him he
shall forward the particulars of the assessment
or re-assessment in the form of an assessment,
list or lists to the Commissioner.
(3) If no Regulations are made by the
Governor in Council under this Ordinance relat-
ing to the preparation and forms of assessment
lists and the methods of assessment, then and to
such extent as such Regulations are not made
the tax assessor shall be guided in such prepara-
tion, forms and methods by such directions as
may from. time to time be given to him by the
Commissioner. '
'&. (1) If the tax assessor shall consider it
advisable or expedient for the purpose of pro-
curing information required for the assessment
of any property he may at any time deliver or
cause to be delivered to the owner of such prop-
erty a notice in writing requiring such owner
to deliver to him within fifteen days from the
receipt thereof a true and correct statement of
the description, situation, extent and value of the
property and in the case of a house its income
value.
(2) If the tax assessor shall require an
inspection or measurement of any property for
the purpose of assessing the same under this
Ordinance, he may issue a notice of his require- °
ments and cause the samc to be served upon the
owner, and thereupon any person authorised in
writing by the tax assessor may at any appointed
time between the hours of 9.00 a.m. and’5.00 p.m.
go upon and inspect and measure such property;
_ No. 6 of 1955. Land and House Tax. 5
and the owner, upon the requisition of such
authorised person, shall point out to him what
houses and land are in the possession of such
owner and the boundaries of the said land.
(8) Any person who fails to deliver a state-
ment within thirty days as aforesaid or délivers
a statement which he knows not to be true and
correct or refuses to allow any authorised person
as aforesaid to enter upon, inspect and measure
‘any such property or hinders or assaults such
authorised person while in the execution of his
duty or wilfully refuses to answer or knowingly
gives untrue answers to any question put to him
concerning such property shall be lable on
summary “conviction to a fine not exceeding one
hundred and seventy dollars or to imprisonment
with or without hard labour for a term not
exceeding six months.
6. (1) On the receipt of every assessment
list sent to him under the provisions of subsection
(2) of section .4 of this Ordinance, the Com-
missioner shall cause to be published in each
inhabited island or in such parts of any island
of the Presidency as he shall deem expedient
such portion of such assessment list as relates to
the island concerned or part of that island.
(2) Every assessment list so published shall
be oriianiod by a notice calling upon the
owners of the lands and houses contained in such
list if they desire to object to such assessment to
show cause before the District Magistrate on
such day and at such place as may be fixed in
such notice, not being less than six weeks, from
the date of the publishing of the list, why the
assessed value of their lands and houses as set
forth in that list should be amended.
(8) Publication of the assessment list shall
be effected by posting it on an outer door of any
court-house, church, chapel, school-house or
other building which in the opinion of the Com-
missioner will give publicity thereto, and ine
places where there i is no such building as afore-
said such list may be atlixed to a board and
fastened up in a conspicuous place.
VIRGIN
ISLANDS.
Publication of
assessment list
and trans-
mission to
Magistrate,
Virgin
ISLANDS.
Hearing of
objections and
and correction
of list.
6 Land and House Taa, No. 6 of 1955.
(4) When publication of the assessment list
shall have been effected, the Commissioner shall
transmit the list to the District Magistrate
together with a copy of the notice referfed to in
subsection (2) of this section.
7. (1) Upon the date fixed for the owners
to show cause as provided in section 6 of this
Ordinance, the District Magistrate shall attend
at the time and place fixed as aforesaid and shall
in a summary way enquire into the assessment
and hear and determine objections and confirm,
alter or amend the assessment list in such manner
as he may think fit, and the Magistrate may at
any such hearing—
(2) amend any mistake in the list as to
the names of owners and the area and nature
of the property, avd where a wrong name of
an owner has been entered in the list
substitute the right name therefor, whether
any objection be or be not made in respect
of such mistake; and
(6) insert in such list any taxable prop-
erty omitted therefrom; and
(c) make such other corrections and
alterations as may be necessary to the mak-
ing of a correct assessment list:
Provided that the District Magistrate shall
not substitute the name of the owner for another
unless the owner whose name is proposed te be
substituted is present, or has notice of, or has
consented to, such proposed substitution.
(2) When the District Magistrate makes
any amendment in an assessment list under
subsection (1) of this section he shall sign the
same in the appropriate column of the list.
(3) When the Magistrate has completed
the hearing of the proceedings, he shall] transmit
the assessment list to the Treasurer.
No. 6 of 1955. Land and ilouse Tae. 7
(4) The District Magistrate shall have the
power to adjourn a hearing from time to time
and to take such evidenee on oath or otherwise
as he shall consider necessary and may exercise
all or any of the powers given to a District
Magistrate by the Mapistrate’s Code of Proce-
dure Act as may be applicable to the proceedings
under this Ordinance as though such proceedings
had been initiated by a summons on complaint.
8. (1) Every owner who is aggrieved by
a‘determination of the District Magistrate under
section 7 of this Ordinance may appeal therefrom
to a Judge of the Supreme Court in accordance
with the provisions of the Magistrate’s Code of
Procedure Act as though such determination
were a conviction, and the effect of the determi-
nation of every such appeal shall be noted and
signed by the ‘I'reasurer in the appropriate
column of the assessment list.
(2) The tax assessor shall be named as
respondent in an appeal under this section.
9. (1) The particulars in an assessment
list unless and until amended by the District
Magistrate is. pursuance of section 7 of this Ordi-
nance, and where so amended such amended
particulars, shall be deemed to be the true particu-
lars for the purpose of calculating the land tax and
house tax payable on lands and houses.
(2) Every assessment list, with the amend-
ments referred to in subsection (1) of this section,
shall be filed in the Treasury and shal] thereafter,
subject to the provisions of section 15 of this
Ordinance, be available for the purpose of levying
the land tax and house tax payable by virtue of
this Ordinance—
(a) in the case of an owner who makes
no objection to the assessment, «as soon as the
time limited for showing cause as aforesaid
has expired; and
(6) in any other case as soon as any such
objection has been determined by ihe District
Magistrate or by a Judge on appeal as the
case may be.
VIRGIN
IsLANDS.
Cap. 61.
Appeal against
determination
of District
Mavyistrate.
Particulars in
list to be true
particulars of
teuxation.
VirGin
ISLANDS.
In case of joint
tenants, joint
and several
liability for
tax, and con-
tribution may
be enforced.
Owner subject
to a charge
may deduct
proportionate
part of tax,
Manner and
time of pay-
ment.
Remission of
tax and exten-
sion of time.
Fine where
taxes are in
arrears.
8 Land and House Tas. No. 6 of 1955.
10. Where the owners of property in respect
of which tax is due are joint tenants or tenants in
common, each of them shall be liable for the full
amount of such tax, and any one of them who
shall pay a greater proportion ‘of such tax than the
alue of his share bears to the whole value of the
land or house, or from whom there is received or
upon whose goods there shall have been levied a
greater proportion as aforesaid, shall be entitled to
enforce contribution from the other owners and the
amount to be coutributed to him is hereby declared
to be a civil debt recoverable summarily.
11. Where the owner of any land or house
holds the same subject to any charge whatsoever
in favour of any other person or persons, such
owner may deduct a proportinate part of the tax
from any payment made in satisfaction of such
charge.
12. Land tax shall become due and pavable
on the Ist day of May in every year and house tax
shall become due and payable on the Ist day of
September in every year. Every such tax shall be
paid to the Treasurer or to any person authorised
by the Treasurer to receive the same.
18. It shall be lawful for the Governor in
Council to—
(a) remit the whole or a part of any tax
payable under the provisions of this Ordinance
in any case where he is satisfied that it would
be just and equitable to do so; and
(4) extend the time prescribed by this
Ordinance for the payment of any tax or the
doing of any act or thing or the performance
of any duty under this Ordinance.
14. Where anv taxes as aforesaid are not
paid within one month of the day on which they
are payable an additional sum equal to twenty per
centum on the amount payable and unpaid shall
be added thereto and such additional sum shall
be deemed to be part of, and shall be recoverable
together with, the amount payable as the tax and
remaining unpaid:
No. 6 of 1955. Land and House Tax. 9
Provided that when the said additional sum
of twenty per centum amounts to less than seven-
teen cents a minimum sum of seventeen cents shall
be paid by the defaulter.
15. In the event of any tax being required
to be levied and paid under this Ordinance in
respect of any lands or houses in relation to the
assessment of which any appeal is pending, such
tax shall be paid in respect of those lands and
houses on the assessed value thereof as the same
appears in the assessment list at the time when
such tax is required to be paid and if the assessed
value is afterwards reduced by the District Magis-
trate or a Judge on appeal the difference paid in
excess shal! be refunded out of the Treasury to the
person who paid the same.
16. Subject to the provisions of section 35
of the Title by Registration Act the taxes imposed
by this Ordinance shall be a first charge on the
property on which they are payable and in default
of payment within sixty days of the day on which
they are payable may be levied as hereinafter
provided.
17. The Treasurer shall in each year as soon
as possible after the lst day of August in the case
of land tax and the 1st day of December in the case
of house tax prepare and sign a list of all properties
in respect of which the aforesaid taxes have not
been duly paid, specifying the amount due in
respect of each property together with any increase
due for default, and shall deliver that list to the
Provost Marshal.
18. On receipt of such list the Provost
Marshal shall forthwith proceed to collect and levy
the amounts as set forth therein by such of the
following means as he shall consider expedient,
that 1s to say:—
(a) by seizure and sale of the goods and
chattels of the owner of the property in respect
of which the tax is due; or
(b) by seizure and sale of any goods and
chattels on such property; or
VirGIN
ISLANDS.
Tax to be
paid although
appeal pend-
ing.
Taxes a first
charge on
property.
Oap. 99.
List of taxes
in arreurs to
go to Provost
Marshal.
Modes of vovl-
lection and
levy.
Virgin
ISLANDS.
Fresh levy
when neces-
sary.
Sale of goods
seized.
Entry on land
for seizure of
goods.
10 Land and House Taz. No. v of 1955.
(c) by seizure and sale of any crops, live
and dead ‘stock, or other things BPOne or
being on such property; or
(d) by’sale of such property or any part
thereof:
Provided that the provisions of paragraph (@)
of this section shall not apply to land held under
the provisions of the Title by Registration Act.
19. Whenever any levy or other proceeding
is wrongly, illegally or erroneously made or done
the same may be ‘cancelled on the order of the
Treasurer and a new levy or proceeding instituted.
20. (1) Where any goods and chattels have
been seized under the provisions of this Ordinance
they shall be sold at public auction at such place as
the Provost Marshal shall direct, and notice thereof
given:
Provided that no such goods or chattels shall
be sold until the expiration of five days at least
next following the day on which those goods or
chattels have been seized unless they are of a
perishable nature or they are sold upon the request
of the person to whom they belong.
(2) Until such sale such goods and chattels
shall be deposited by the Provost Marshal in some
fit place or they may remain in the possession of
any fit person whom he shall put in possession
thereof.
21. For the purpose of effecting the seizure
and sale of crops or things growing or being on
any land in respect of which the land tax has not
been paid, it shall be lawful for any person or
persons duly authorised by any person employed
in or about the collection of the said tax to enter
upon such land at all reasonable times for the
securing and cutting of the said crops and other |
things and to remove them from such lands; and
the provisions of section 20 of this Ordinance shall
apply to the sale of such crops and other things.
No. 6 of 1955. , Land and Louse Tax. 11
22. (1) Before proceeding with the sale of
anv land or house under the provisions of this
Ordinance the Provost Marshal shall serve or cause
to be served on the owner a notice of his intention
so to proceed.
t
(2) Except when otherwise ordered by the
Provo-t Marshal every such notice shall be served
personally on the owner.
(2) Whenever the owner cannot be found or
the Provost Marshal has reason to believe that the
owner is aveiding service of the notice, the Provost
Marshal may order the notice to be affixed in some
conspicuous manner to the property with respect to
which the default is made.
(4) No land or hou-e shall be sold until
after the expiration of at least fourteen days after
the service or affixing of the notice, as the case
may be.
(5) At least ten days before the sale of any
land: or house the Provost Marshal shall publish
the date and place of the sale in Road Town and
in such other localities in the Presidency as he may
deem fit, including the district in which the land or
house is situate, in the manner set out in subsection
(3) of section 6 of this Ordinance.
(6) It shall be lawful for the Provost Marshal
in his discretion to fix an upset price in respect of
any property about to be sold and he may or may
not as he deem fit publish tiie upset price before
or at the eale and if che upset price be not reached
at the bidding at the sale the Provost Marshal shall
withdraw the land or house from the sale and
institute proceedings anew under the provisions of
section 18 of this Ordinance as though such sale
had not taken place.
28. It shall be lawful for the Government
of the Presidency at.any sale under this Ordinance
to bid for and purchase any goods or property sold
for the recovery of any land or house tax.
VIRGIN
IsLANDS.
Sale of land
and houses.
@overnment
may purchase
property.
VikGIN
ISLANDS.
Power to
Provost
Marshal to
give posses-
sion.
Proceeds of
sale, how to
be dealt with.
No claim
against
Provost.
Marshal.
12 Land and House Tax. | No. 6 of 1955.
24. In all cases where land or houses are
sold by the Provost Marshal under the provisions
of this Ordinance he may, when ‘required by
the purchaser, deliver possession thereof to the
purchaser within six months after perfecting the
sale, and if necessary he may use as much force as
may be requisite to eject any occupier refusing to
surrender the same. .
Provided always that the person beneficially
entitled to any land or house so sold or his duly
accredited agent shall be at liberty to redeem the
same and if necessary to institute proceedings for
the recovery thereof within six months after the
perfecting of the sale:
Provided further that, upon such person or
his agent yo redeeming any land or house, the
urchaser or his duly accredited a or assignee
shall be entitled to recover and be allowed against
the person so redeeming the land or house the sum
of money originally paid by him to the Provost
Marshal for the perchase thereof together with
interest thereon at the rate of five per centum per
annum.
25. The proceeds of any sale which shall
have been held under the provisions of this Ordi-
nance shall be applied to the payment of the tax due
and to meeting the expenses of the seizure and
sale and, the fees payable in respect thereof, and the
residue, if any, shall be paid by the Provost
Marshal to the owner of the property on application
by him for the same:
Provided that if such owner does not apply
for the payment to him of such residue within
two years of the perfection of such sale, the
residue shall, become a part of the general revenue
of the Presidency and the owner shall cease to have
any right hereto.
26. No person shall be entitled to make any
claim against the Provost Marshal in respect of
any property sold as hereinbefore provided, or in
respect of any goods and chattels or crops or other
things seized and sold as aforesaid, but any claim
No. 6. of 1955. Land and House Taw. 13
which any such person may have shall be made
and claimed against the person who shall have
-made default in the due payment of the taxes in
satisfaction of -which the sale or the seizure and
sale has been made.
' 27. Where there is any transmission of
ownership in any land or house by death, transfer
or otherwixe, any arrears of taxes pavable in respect.
of such land or house may be enforced, levied and
recovered in the manner hereinbefore provided as if
there had been no such transmission of ownership.
28. After the period of redemption shall
have expired and the person entitled to redemption
shall have failed to redeem the land or house as
provided in section 24 of this Ordinance, the
Provost Marshal shall, on the application of the
person who has been declared to be the purchaser
/at the sale of the land or house, grant to that
person a certificate to the effect that he has
purchased the land or house, and such certificate
shall be deemed to prove that the land or house,
as the case may he, has been validly transferred to
such person, and the certificate may be registered
as any deed of conveyance.
29. In all acts and proceedings under this
Ordinance except the grant of a certificate of
purchase the Provost Marshal may act by a deputy,
and where the expression “ Provost Marshal†is
used in this Ordinance in reference to any such
acts and proceedings it shall be deemed to include
any deputy or deputies of the Provost Marshal.
30. Where land or house tax or any part
thereof is paid by any person who is not an owner
of the property in respect of which such tax is
payable the amount so paid may be recovered
from any owner of such property by any such
person and such amount is hereby declared to be
a civil debt recoverable summarily.
31. Any person who resists, obstructs,
molests or assaults or who assists any person to
resist, obstruct, molest or assault any purchaser
of property under this Ordinance shall on sum-
Virgin
ISLANDS.
Arrears of
taxes may be
recovered not-
withstanding
transmission
of ownership.
Certifiate of
purchase.
Power of
Provost
Marshal to
act by deputy.
Person paying
tax may
recover
amount from
owner.
Penalty for
obstructing
purchesors.
VIRGIN
ISLANDS.
Governor in
Council to
make Regula-
tions,
Commissioner
and Treasurer
may sit
as District
Magistrate.
Repeal,
7/1892.
4/1937.
14 Land and House Taz. No. 6 of 1955.
mary conviction be liable toa fine not exceeding
one hundred and seventy dollars or to imprison-
ment for a term not exceeding six months.
32. (1) The Governor in Council may
make Regulations for all or any of the following
purposes:—
(a) prescribing the form of notices
required under subsections (1) and (2) of ©
section 5 of this Ordinance;
(5) the manner of preparation of the |
assessment list;
(c) the method of assessing land and
houses;
(d) the giving of notice on the occur-
rence of any change in the ownership of any
property and of the building of new houses
or the enlargement or repair of existing
houses;
(e) the fees, if any, to be taken in
respect of any seizure and sale;
(f) prescribing the form of notice to
be served by the Provost Marshal under
section 22 of this Ordinance.
(2) here may be attached to any contra-
vention. of such Kegulations a penalty not
exceeding thirty-four dollars.
(83) Regulations made under the authority
of subsection (1) of this section shall not have
effect until they have been approved by a
resolution of the Legislative Council, and all
Regulations so approved shall be published in
the Gazette.
38. No objection shall he entertained to
any proceedings under this Ordinance by reason
of the District Magistrate who hears any matter
under this Ordinance being the person who fills
the office of Commissioner or Treasurer.
834. The Land and House ‘lax Ordinance,
1892 and the Land and House Tax Ordinance,
1937 are hereby repealed.
No. 6 of 1955. Land and House Taw. 15 Viren
IsLANDS.
85. This Ordinance shall come into. Commence-
operation on a day to be appointed by the “™*
Governor by proclamation published in the
Gazette.
H. A. C. Howarp,
President.
Passed the Legislative Council this 29th day
of March, 1955.
H. O. Creque,
Clerk of the Council.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buaoxman. Government Printer,—By Authority.
1955.
47/00220—660—7.55. ea [Price 18 cents, }
|
Full Text |
Notices,
It is notified for general infor-
mation that Mr. McW. ToDMAN,
Administrative Assistant fo the Com-
missioner, Virgin Islands, has been
appointed to be a member of the
xecutive Council of the Virgin
Islands with effect from the 8th July,
1955, consequent upon the resignation
of Mr. N. E. A. HARRIGAN.
The Secretar iai,
Antigua.
8th July, 1955.
It is notified for general information
that Mr. McW. ToDMAN, Administra-
tive Assistant to the Commissioner,
Virgin Islands, has been appointed
to be a member of the Legislative
Council of the Virgin Islands with
effect from the 8th July, 1955, con-
sequent upon the resignation of
Mr. N. BE. A. HARRIGAN.
The Secretariat,
Antigua.
8th July, 1955.
It is hereby notified for general
information that pursuant to Section
9 of the Marriages, Births and Deaths
Registration Act, 1870, as amended
by Sec. 2 of Antigua Ordinance
No. 6 of 1924, Mr. A. K. C. ISaac of
Barnes Hill, St. George, has been
appointed Deputy Assistant Registrar
for the Parish of St. George in the
Island of Antigua.
O&cIL O. BYRON,
Acting Registrar-General.
It is hereby notified for general
information that pursuant to Section
9 of the Marriages, Births and Deaths
Registration Act, 1870, as amended
by Sec. 2 of Antigua Ordinance
No. 6 of 1924, Miss VERA BROWN,
of Newfield, St. Philip, has been
appointed Deputy Assistant Registrar
for the Parish of St. Philip in the
Island of Antigua.
CECIL O. BYRON,
Apgting Registrar-General.
VOL. LXXXIII.
THE LEEWARD
GAZETTE.
y
Nee
aaah
Published by Authority.
THURSDAY, 14ra JULY, 1955.
Declaration dated ist July,
1955, made under Section 3
of the Land Acquisition Act,
1944 (No. 11/1944), for the
acquisition of certain land
in the Presidency of Saint
Christopher Nevis and An-
guilla required for public
purposes.
ITIS HEREBY DECLARED that
the Governor in Council with the
approval of the Legislative Council
of the Presidency of Saint Christopher
Nevis and Anguillg considers that
the land described in the Schedule
hereto, situate in the island of An-
guilla in the said Presidency should
be acquired for public purposes,
namely, for the erection of a septic
privy, in the said Presidency and
for the provision of access thereto
from the public road.
SCHEDULE.
An area of approximately 1642
square feet situate at Sandy Ground
in the island of Anguilla in the
Presidency of Saint Christopher-Nevis
and Anguilla and bounded on the
North by lands of AMELIA ODLUM
and RuTH LAKE on the South by
lands of ROSE CHARBONIER, OLIVE
BAPTISTE, ELIZABETH PONTIPHLET,
and RutH ANN HODGE or the Heirs
of WHITWORTH HODGE, deceased,
on the East by a Public Road and on
the West by the sea. :
Dated this Ist day of July, 1955.
J. S. ARCHIBALD,
Olerk of the Counoil.
OONFIRMATION OF ORDINANCES,
No. 76.
The Secretary of State for the
Colonies has informed the Governor
that the power of disallowance will
not be exercised in respect of the un-
dermentioned Ordinance:—
Virgin Islands.
No. 10 of 1954, “The Legislative
Council (Extension of Duration)
(Repeal) Ordinance, 1954.â€
No. 31.
No. 77.
The following Ordinances are cir-
culated with this Gazette and form
part thereof :—
Antigua.
No. 6 of 1955, ‘The Appropriation
Ordinance, 1955.â€
2 pp. Price 4 cents.
No. 7 of 1955, ‘“‘The Firearms
(Amendment) Ordinance, 1955.â€
) pp. Price 7 cents.
Virgin Islands.
No. 6 of 1955, “The Land and
House Tax Ordinance, 1955.
15 pp. Price 18 cents.
In the matter of the estate of
Ella Van Engle, deceased.
(UNREPRESENTED).
To all creditors of the above esiate.
You are hereby notified that you
are to come in and prove your debts
and file your claims at the office of
the Administrator of Istates 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 ont 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 renuested to pay the
amount of their respective debts
to me.
Dated the 16th day of June, 1955.
H. S. L. MOSELRY,
Administrator of Estates.
114
Vacant Post of Sanitary
. Superintendent, St. Vincent,
W.I.
Applications are invited for the
post of Sanitary Superintendent in
the Medical Department, Saint Vin-
cent, British West Indies.
2. Candidates must possess the
Sanitary Inspectors Certificate of
the Royal Sanitary Institute. They
should have a working knowledge of
the construction and maintenance of
small 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. Candidates
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
THE LEEWARD ISLANDS GAZETTE.
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 scale $2304x
$96-$2784. Transport allowance for
the maintenance of « 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 July, 1955.
Government Office, . nt
Saint Vincent, 28,
20th June, 1955. .
e
Ref. No. 13/00286, he
‘ ANTIGUA.
poses ot vet
3 wv
[14 July, 1955.
TRAFFIC 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 declare tha all traffic
signs on or near any roadway in
this Presidency are authorised and
retained by me.
E. M. V. JAMES, Lt. Col.,
Traffic Commissioner.
28th June, 1955.
Ref. No. 36/00004.
RAINFALL FIGURES.
Central Mxperiment Sthtion,
Antigua.
1951. 1952. 1963. 1954. 1958.
Jan. 3.60 3.10 2.55 3.44 2.16
Feb. 1.88 160 1.02 245 .68
Mar. 1.09 1.62 5.60 1.08 3s
Apr. 2.16 3.14 206 49 41.75
May 10.54 3.07 1.50 3.83 2,81
Jane .. 2.74 5.74 1,31 3.32 147
July 9th 98 240 1.16 45 04
22.99 20.67 15.20 15,06 9.74
—h
Printed at the Government Printing Office, Leeward Islands, by E, M, BLACKMAN,
Government Printer.—By Authority
1966.
[Price 33 cents]
Wkete — peer
Ld
No. 6 of 1955. + Appropriation.
[L.8.]
I Assent,
P. D. Macponap,
Acting Governor.
2nd July, 1955.
[1st January, 1955.]
ANTIGUA.
No. 6 of 1955.
‘ An Ordinance to provide for the services of the
Presidency of Antigua for the year ending on
the 31st day of December, 1955. ,
ENACTED by the Legislature of Antigua
as follows:—
1. This Ordinance may be cited as the
Appropriation Ordinance, 1955.
2. There shall be and there is herehy grant-
ed to Her Majesty the Queen for the service of the
Presidency of Antigua for the year ending on the
thirty-first day of December, 1955, the sum of
six million, six hundred and ninety-six thous-
and, one hundred and fifteen dollars over and
above the sums granted and provided under; the
Acts and Ordinances in force in the Colony and
this Presidency, to be applied and expended in the
manner and for the services set forth in the Schedule
hereto.
3. The said sum of six million, six
hundred and ninety-six thousand, one hundred
and fifteen dollars shall be and the same is
hereby declared to be charged upon and made pay-
able from and out of the General Revenue and
_ other funds of the said Presidency.
4. The Chief Accountant of the said Presi-
dency is hereby authorised and required from time
to time upon the order of the Governor to pay the
annual sums appropriated by and in the said
Schedule to the several services therein mentioned,
Short title.
Appropriation.
Sums charged
on General
Revenue.
Payments
how made
as the said order or warrant shall direct out of the .
3 >8. 797
Lygge
Z = CART. 2 Appropriation... No. 6 of 1955.
#* General Revenue and other funds of the said
-"<.. Presidency without further order or formality.
5. This Ordinance shall be deemed to have
had effect as from the Ist day of January, 1955.
Arc Lovetacr,
President.
Passed the Legislative Council the 29th day
of April, 1955.
J. L. Roprnson,
Clerk of the Couneil.
SCHEDULE.
No. Service. Amount,
1. Charges on Account of Public Debt i 39480
2. Pensions and Gratuities os 73049
3. Federal Contribution .. «= 829644
4, Administration wee = 152829
5. Barbuda ; ee 46569
6. Customs Excise Port & Supply ee 63620
7. Agriculture, etc., Peasant Development ... 3336660
8. ‘Registrar & Provost Marshal se 20169
9. Magistrates ee 18548
10. Police are 65670
11. Prison and Training School note 67767
12. Medical & Central Board of Health .. 342294
13. Hospital & Charitable Institutions .. 375740
14. Education vs 342870 .
15. Government Undertakings ee 42580
16. Treasury age 34871
17. Labour wes 21785
18. Public Library de 9601
19. Military oe 24432
20. Miscellaneous w=: 173814
21. Coolidge Air Base Ss 18240
22. Post Office & Telephones ... ~ 134201
23. Public Works Dept. a 86062
24. Public Works Recurrent ... 429300
25. Public Works Extraordinary .-- 192000
26. Colonial Development Schemes owe = 254320
Total .- 6696115
ANTIGUA.
Printed at the Government Printing Office Leeward Islands.
hy E. M BLackman, Government Printer.—By Authority.
1955,
500—7.55. [Price 4 cents.]
Sd
No. 7 of 1955. Mirearms (Aimendment). - ANTIGUA.
[L.S. }
I Assent,
P. D. Macponatp,
Acting Governor.
2nd July, 1955.
[2nd July, 1955]
ANTIGUA.
No. 7 of 1955.
An Ordinance to amend the Firearms Ordinance,
°1952.
ENACTED by the Legislature of Antigua
as follows:—
1. This Ordinance may be cited as the Fire- short title.
arms (Amendment) Ordinance, 1955 and shall be
read as one with the Firearms Ordinance, 1952, 14/195¢.
hereinafter called the Principal Ordinance. '
2. Section 2 of the Principal Ordinance is ,Amendment
hereby amended by the deletion of the definition of - eaaeial
the expression “Gazetted Police Officer†and the Ordinance.
insertion in the appropriate place of the following
definition :—
. Superintendent of Police †means the Gazetted
Police Officer in charge of the Police
Division established in the Presidency and
includes any police officer, or government
officer «authorised in writing by the
Superintendent, of Police to act on his
behalf in relation to the licensing of
firearmsâ€; —
ANTIGUA.
Amendment
of section 13
of Prinvipal
Ordinance.
Amendment
of section 17
(1) of ‘Prin-
cipal Ordi-
na nee.
Firearms (Amendmené) No. 7 of 1955.
Section 13 of the Principal Ordinance is
hereby amended by—
(i) the substitution of the words “ Super-
intendent of Police� for the word
“ Treasurer’? wherever it occurs in
subsection (1) of the section; and
(ai) the deletion of the words “‘at the
Treasury by the Treasurer ’’ occur-
ring in subsection (2) of the section
and the substitution therefor of the
words “in the Divisional Police
Headquarters in the Presidency.â€
4. Subsection (1) of section 17 of the
Principal Ordinance is hereby amended by—
(i) the insertion in the introductory
words of the subsection between
the words “ Treasurer†and “ under â€
occurring in the second line of the
words and commas “or the Superin-.
tendent of Police, as the case may
b ,
ey 5
(ii) the insertion after the word “ whichâ€.
occurring at the end of the first line
of paragraph (a) of the subsection of
the words “may be issued: by the
Treasurer and â€â€™;
(iil) the insertion after the word ‘“ which â€.
occurring at the end of the first line
of paragraphs (0) and (c) respectively
of the subsection of the words ‘‘ may
be issued by the Superintendent of
Police and mg
(iv) the deletion in the last sentence of the
subsection of the word “ Treasurer â€â€™
occurring in the second line thereof
and the substitution therefor of the
words ‘Superintendent of Police â€
No. 7 of 1955. = Firearms (Amendment). 3 ANTIGUA.
5. Section 18 of the Principal Ordinance is Amendment
hereby amended as follows:— of section 18
/ of Principal
(i) Subsections (1) and (2) of the section ee
are amended by the deletion of the
words “obtained and delivered to
the Treasurer a certificate from a
Gazetted Police Officer â€â€™ and “ has:
obtained and delivered to the Treas-
urer a certificate from a Gazetted
Police Officer â€â€™ respectively occurring
therein and the substitution therefor
of the words “ satisfied the Superin-
tendent of Police â€â€™.
(ii) The following is hereby substituted
for subsection (3) of the section:—
““(3) Where the Superin-
tendent of Police is satisfied that
an applicant is a fit and proper
person to carry and use a fire-
arm he shall give to such applif
cant a certificate to that effect
and shall make un entry of his
having done so in a register of
persons licensed to carry and
use firearms to be kept in the
Divisional Police Headquarters
in the Presidency.
(iii) Subsection (4) is amended by the
substitution of the words the “ Super-
intendent of Police†for the words
‘“a Gazetted Police Officer’ occur-
ring in the last line of the subsection;
(iv) The following is hereby substituted
for subsection (5) of the section:—
““(5) An entry shall be
made by the Superintendent of
Police of the cancellation of
such certificate in the register of
persons licensed to carry and
use firearms and notice in writ-
ing of such cancellation shall be
given to the holder of the
licence.â€
ANTIGUA.
Amendment
. of section 20
of Principal
Ordinanoe.
Amendment
of sectien 26
of Principal
Ordinance.
Amendment
of section 29
of Principal
Ordinance,
4 Firearms (Amendment). No.7 of 1955.
(v) Subsection (6) is amended by the sub-
stitution of the words “ the Superin-
tendent of Police†for the words
‘1 Gazetted Police Officer’ occur-
ring in the second line of the sub-
section ;
; (vi) The following is hereby substituted
for subsection (7) of the section:—
‘““(7) Every certificate de-
livered under this section shall
be in the Form G in the First
Schedule to this Ordinance,
adapted to suit the particular
purpose.â€
6. Section 20 of the Principal Ordinance is
hereby amended by the insertion between the word
‘“ Treasurer †and the comina occurring in the first
line of the section of the words and commas “in
arespect of a licence issned under paragraph (a) of
subsection (1) of section 17 of this Ordinance, and
the Superintendent of Police in respect of a licence
issued under any of the paragraphs (6) to (c) of
the said subsection, as the case may beâ€â€™.
7.. Section 26 of the Principal Ordinance is
hereby amended by the deletion of the words
‘‘ Treasurer or any police officer †occurring therein
and the substitution therefor of the words “ Super-
intendent of Policeâ€
8. Section 29 of the Principal Ordinance is
hereby amended by—
(i) the deletion of the words “the
Treasurer or†occurring in the
second line thereof and the substitu-
tion of the word “him†for the
word “them†occurring in the
fourth line; and
(ii) the deletion of the marginal note
appearing against the section and
the substitution therefor of the
following :—
‘“* Obstruction of police officer,â€
No. 7 of 1945. Firearms (.'mendment). 5 ANTIGUA.
9. Section 30 of the Principal Ordinance is Amendment
hereby amended by the deletion of the words “ The ee a
Treasurer or any police officer may†and the Ordinance.
substitution therefor of the words ‘“ Any police
officer may â€â€™.
10. Subsection (3) of section 41 of the Prin- Amendment
cipal Ordinance is hereby amended by the deletion ty oe pena:
of the words “ the Treasurer or †occurring therein pal Ordinance.
and the deletion of the marginal note “ Penalty â€
appeuring against the said subsection,
11. The amendments specified in the second Minor amend-
column of the Schedule to this Ordinance being ee
amendments of a minor nature, shall be made in the
provisions of the Principal Ordinance specified in
the first column of that Schedule.
SCHEDULE.
Sections 10, 14, 16, 22. 33, 37 and | The expression “the Superinten-
Forms D, K. F and G of the; deiit of Police†shall be substitnted
First. Schedule to the Ordinance. | for the exprossions “a Gazetted
Police Officer†and “the. Treas-
urer †respectively wherever those
occur in the sections, the relative
marginal notes and the Forms.
ALEC LOVELACH,
President.
Passed the Legislative Council this 5th day of May, 1955,
J. L. Roprinson,
Olerk of the Council.
ANTIQUA.
Printed at the Government Printing Office. Leeward Islands,
by BE. M. BLackMAn, Government Printer.—By Authority.
1955. E
500—7.55. Price 7 cents.
No. 6 of 1955, Land and House Taz.
[L.S.]
T Assent,
P. D. Macpowatp,
Governor’s Deputy.
11th May, 1955.
VIRGIN ISLANDS.
No. 6 of 1955.
An Ordinance to consolidate and amend the Laws
relating to the levying of tax on land and
houses.
ENACTED a the pia of the Virgin
Islands as follows:—
1. This Ordinance may be cited as the Land
and House Tax Ordinance, 1955.
2. In this Ordinance, unless the context
otherwise requires—
‘‘agsessment list †means any of the assessment
lists referred to in section 4 of this
Ordinance and includes any portion or
extract taken from any such list;
“ Commissioner’ means the Commissioner of
the Presidency ;
“‘yoods†includes crops whether severed or
otherwise, live and dead stock and all
other personal property ;
Vircin
ISLANDS.
Short title,
Interprota-
tion.
VIRGIN 2 Land and House Ta. | No. 6 of 1955
ISLANDS.
“house� means any dwelling house and any
outhouse or other building within the
curtilage used in connection with a
dwelling house, aud any shop, store, shed
or any other kind of building or tenement.
whatsoever, and any house whether affixed
to the soil or not and whether occupied or
unoccupied ;
“land†means any plantation, estate or other
land whatsoever, whether cultivated or
uncultivated, except plots of land on
which houses are affixed to the soil when
such plots do not exceed one half of an
acre in extent;
‘“‘ owner †means any owner, trustee, receiver,
attorney, manager or any other person in
charge or having the control or possession
of any land or house;
- property †includes land and house as defined
in this section;
“tax assessor†means the tax assessor
appointed under subsection (1) of section
4 of this Ordinance;
‘Treasurer’? means the Treasurer of the
Presidency and includes the Assistant
Treasurer.
eee 8. (1) There shall be raised, levied, collected
"and paid into the Treasury for the public uses of
the Presidency—
(a) an annual tax, in this Ordinance
referred to as “land taxâ€, payable on every
acre or part of an acre of land in the Presidency
liable to pay such tax; and
(6) an annual tax, in this Ordinance
referred to as “ house taxâ€, payable on the
assessed value of every house in the Presidency
liable to pay such tax;
Provided that no land tax or house tax, as the
case may be, shall be charged in respect of —
No. 6 of 1955. Tand and Thuse Tax. 3
(a) ary land.or building being the prop-
erty of Her Majesty or of the Presidency and
used exclusively for public purposes;
(6) any hospital, asylum or other institu-
tion maintained out of the revenues of the
Presidency ; .
(c) any building set apart and used solely
for divine service;
(d) any building set apart and used as a
residence for ministers of religion;
(e) any building set apart and used as a
community centre;
(7) any building used as the school
house of any school registered under the
provisions of the Elementary Education Act.
(2) Subject to the provisions of subsection (4)
of this section the Governor in Council may from
time to time by order fix the rates of land and
-house tax which shall be leviable under subsection
(1) of this section.
(3) The powers conferred upon the Gov-
ernor in Council by subsection (2) of this section
to fix the rates of land tax shall include the
power to classify land as he may think fit accord-
ing to its location, productivity, use and area and
the standard of husbandry with which it is
cultivated, and to fix different rates of tax upon
the lands comprised within the different classes.
(4) No rates fixed by the Governor in Coun-
cil under this section shall have effect until the
order under which they have been fixed shall
have been approved by a resolution of the
Legislative Council, and every order so approved
shall be published in the ‘‘azette.
(5) If any dispute shall arise as to whether
any property is exempt from tax under the
proviso to subsection (1) of this section, it shall
be referred to the Governor whose decision shall
be final.
VirGIn
Isnanns,
Cap. 86,
VIRGIN
ISLANDS.
Appointinent:
of tax assessor
and prepara-
tion of assess-
ment list,
Power to
require infor-
mation and to
inspect and
measure.
4 Land and llouse Ti, No. 6 of 1955.
4. (1) The Governor may appoint a fit and
proper person, hereinafter referred to as the “ tax
assessor’, to assess property liable tu tax under
this Ordinance and to perform the duties imposed
on the tax assessor by this Ordinance and by
Regulations made under it.
(2) The tax assessor shall annually assess
and re-assess all property in the Presidency liable
to tax under this Ordinance, and when any
property is so assessed or re-assessed by him he
shall forward the particulars of the assessment
or re-assessment in the form of an assessment,
list or lists to the Commissioner.
(3) If no Regulations are made by the
Governor in Council under this Ordinance relat-
ing to the preparation and forms of assessment
lists and the methods of assessment, then and to
such extent as such Regulations are not made
the tax assessor shall be guided in such prepara-
tion, forms and methods by such directions as
may from. time to time be given to him by the
Commissioner. '
'&. (1) If the tax assessor shall consider it
advisable or expedient for the purpose of pro-
curing information required for the assessment
of any property he may at any time deliver or
cause to be delivered to the owner of such prop-
erty a notice in writing requiring such owner
to deliver to him within fifteen days from the
receipt thereof a true and correct statement of
the description, situation, extent and value of the
property and in the case of a house its income
value.
(2) If the tax assessor shall require an
inspection or measurement of any property for
the purpose of assessing the same under this
Ordinance, he may issue a notice of his require- °
ments and cause the samc to be served upon the
owner, and thereupon any person authorised in
writing by the tax assessor may at any appointed
time between the hours of 9.00 a.m. and’5.00 p.m.
go upon and inspect and measure such property;
_ No. 6 of 1955. Land and House Tax. 5
and the owner, upon the requisition of such
authorised person, shall point out to him what
houses and land are in the possession of such
owner and the boundaries of the said land.
(8) Any person who fails to deliver a state-
ment within thirty days as aforesaid or délivers
a statement which he knows not to be true and
correct or refuses to allow any authorised person
as aforesaid to enter upon, inspect and measure
‘any such property or hinders or assaults such
authorised person while in the execution of his
duty or wilfully refuses to answer or knowingly
gives untrue answers to any question put to him
concerning such property shall be lable on
summary “conviction to a fine not exceeding one
hundred and seventy dollars or to imprisonment
with or without hard labour for a term not
exceeding six months.
6. (1) On the receipt of every assessment
list sent to him under the provisions of subsection
(2) of section .4 of this Ordinance, the Com-
missioner shall cause to be published in each
inhabited island or in such parts of any island
of the Presidency as he shall deem expedient
such portion of such assessment list as relates to
the island concerned or part of that island.
(2) Every assessment list so published shall
be oriianiod by a notice calling upon the
owners of the lands and houses contained in such
list if they desire to object to such assessment to
show cause before the District Magistrate on
such day and at such place as may be fixed in
such notice, not being less than six weeks, from
the date of the publishing of the list, why the
assessed value of their lands and houses as set
forth in that list should be amended.
(8) Publication of the assessment list shall
be effected by posting it on an outer door of any
court-house, church, chapel, school-house or
other building which in the opinion of the Com-
missioner will give publicity thereto, and ine
places where there i is no such building as afore-
said such list may be atlixed to a board and
fastened up in a conspicuous place.
VIRGIN
ISLANDS.
Publication of
assessment list
and trans-
mission to
Magistrate,
Virgin
ISLANDS.
Hearing of
objections and
and correction
of list.
6 Land and House Taa, No. 6 of 1955.
(4) When publication of the assessment list
shall have been effected, the Commissioner shall
transmit the list to the District Magistrate
together with a copy of the notice referfed to in
subsection (2) of this section.
7. (1) Upon the date fixed for the owners
to show cause as provided in section 6 of this
Ordinance, the District Magistrate shall attend
at the time and place fixed as aforesaid and shall
in a summary way enquire into the assessment
and hear and determine objections and confirm,
alter or amend the assessment list in such manner
as he may think fit, and the Magistrate may at
any such hearing—
(2) amend any mistake in the list as to
the names of owners and the area and nature
of the property, avd where a wrong name of
an owner has been entered in the list
substitute the right name therefor, whether
any objection be or be not made in respect
of such mistake; and
(6) insert in such list any taxable prop-
erty omitted therefrom; and
(c) make such other corrections and
alterations as may be necessary to the mak-
ing of a correct assessment list:
Provided that the District Magistrate shall
not substitute the name of the owner for another
unless the owner whose name is proposed te be
substituted is present, or has notice of, or has
consented to, such proposed substitution.
(2) When the District Magistrate makes
any amendment in an assessment list under
subsection (1) of this section he shall sign the
same in the appropriate column of the list.
(3) When the Magistrate has completed
the hearing of the proceedings, he shall] transmit
the assessment list to the Treasurer.
No. 6 of 1955. Land and ilouse Tae. 7
(4) The District Magistrate shall have the
power to adjourn a hearing from time to time
and to take such evidenee on oath or otherwise
as he shall consider necessary and may exercise
all or any of the powers given to a District
Magistrate by the Mapistrate’s Code of Proce-
dure Act as may be applicable to the proceedings
under this Ordinance as though such proceedings
had been initiated by a summons on complaint.
8. (1) Every owner who is aggrieved by
a‘determination of the District Magistrate under
section 7 of this Ordinance may appeal therefrom
to a Judge of the Supreme Court in accordance
with the provisions of the Magistrate’s Code of
Procedure Act as though such determination
were a conviction, and the effect of the determi-
nation of every such appeal shall be noted and
signed by the ‘I'reasurer in the appropriate
column of the assessment list.
(2) The tax assessor shall be named as
respondent in an appeal under this section.
9. (1) The particulars in an assessment
list unless and until amended by the District
Magistrate is. pursuance of section 7 of this Ordi-
nance, and where so amended such amended
particulars, shall be deemed to be the true particu-
lars for the purpose of calculating the land tax and
house tax payable on lands and houses.
(2) Every assessment list, with the amend-
ments referred to in subsection (1) of this section,
shall be filed in the Treasury and shal] thereafter,
subject to the provisions of section 15 of this
Ordinance, be available for the purpose of levying
the land tax and house tax payable by virtue of
this Ordinance—
(a) in the case of an owner who makes
no objection to the assessment, «as soon as the
time limited for showing cause as aforesaid
has expired; and
(6) in any other case as soon as any such
objection has been determined by ihe District
Magistrate or by a Judge on appeal as the
case may be.
VIRGIN
IsLANDS.
Cap. 61.
Appeal against
determination
of District
Mavyistrate.
Particulars in
list to be true
particulars of
teuxation.
VirGin
ISLANDS.
In case of joint
tenants, joint
and several
liability for
tax, and con-
tribution may
be enforced.
Owner subject
to a charge
may deduct
proportionate
part of tax,
Manner and
time of pay-
ment.
Remission of
tax and exten-
sion of time.
Fine where
taxes are in
arrears.
8 Land and House Tas. No. 6 of 1955.
10. Where the owners of property in respect
of which tax is due are joint tenants or tenants in
common, each of them shall be liable for the full
amount of such tax, and any one of them who
shall pay a greater proportion ‘of such tax than the
alue of his share bears to the whole value of the
land or house, or from whom there is received or
upon whose goods there shall have been levied a
greater proportion as aforesaid, shall be entitled to
enforce contribution from the other owners and the
amount to be coutributed to him is hereby declared
to be a civil debt recoverable summarily.
11. Where the owner of any land or house
holds the same subject to any charge whatsoever
in favour of any other person or persons, such
owner may deduct a proportinate part of the tax
from any payment made in satisfaction of such
charge.
12. Land tax shall become due and pavable
on the Ist day of May in every year and house tax
shall become due and payable on the Ist day of
September in every year. Every such tax shall be
paid to the Treasurer or to any person authorised
by the Treasurer to receive the same.
18. It shall be lawful for the Governor in
Council to—
(a) remit the whole or a part of any tax
payable under the provisions of this Ordinance
in any case where he is satisfied that it would
be just and equitable to do so; and
(4) extend the time prescribed by this
Ordinance for the payment of any tax or the
doing of any act or thing or the performance
of any duty under this Ordinance.
14. Where anv taxes as aforesaid are not
paid within one month of the day on which they
are payable an additional sum equal to twenty per
centum on the amount payable and unpaid shall
be added thereto and such additional sum shall
be deemed to be part of, and shall be recoverable
together with, the amount payable as the tax and
remaining unpaid:
No. 6 of 1955. Land and House Tax. 9
Provided that when the said additional sum
of twenty per centum amounts to less than seven-
teen cents a minimum sum of seventeen cents shall
be paid by the defaulter.
15. In the event of any tax being required
to be levied and paid under this Ordinance in
respect of any lands or houses in relation to the
assessment of which any appeal is pending, such
tax shall be paid in respect of those lands and
houses on the assessed value thereof as the same
appears in the assessment list at the time when
such tax is required to be paid and if the assessed
value is afterwards reduced by the District Magis-
trate or a Judge on appeal the difference paid in
excess shal! be refunded out of the Treasury to the
person who paid the same.
16. Subject to the provisions of section 35
of the Title by Registration Act the taxes imposed
by this Ordinance shall be a first charge on the
property on which they are payable and in default
of payment within sixty days of the day on which
they are payable may be levied as hereinafter
provided.
17. The Treasurer shall in each year as soon
as possible after the lst day of August in the case
of land tax and the 1st day of December in the case
of house tax prepare and sign a list of all properties
in respect of which the aforesaid taxes have not
been duly paid, specifying the amount due in
respect of each property together with any increase
due for default, and shall deliver that list to the
Provost Marshal.
18. On receipt of such list the Provost
Marshal shall forthwith proceed to collect and levy
the amounts as set forth therein by such of the
following means as he shall consider expedient,
that 1s to say:—
(a) by seizure and sale of the goods and
chattels of the owner of the property in respect
of which the tax is due; or
(b) by seizure and sale of any goods and
chattels on such property; or
VirGIN
ISLANDS.
Tax to be
paid although
appeal pend-
ing.
Taxes a first
charge on
property.
Oap. 99.
List of taxes
in arreurs to
go to Provost
Marshal.
Modes of vovl-
lection and
levy.
Virgin
ISLANDS.
Fresh levy
when neces-
sary.
Sale of goods
seized.
Entry on land
for seizure of
goods.
10 Land and House Taz. No. v of 1955.
(c) by seizure and sale of any crops, live
and dead ‘stock, or other things BPOne or
being on such property; or
(d) by’sale of such property or any part
thereof:
Provided that the provisions of paragraph (@)
of this section shall not apply to land held under
the provisions of the Title by Registration Act.
19. Whenever any levy or other proceeding
is wrongly, illegally or erroneously made or done
the same may be ‘cancelled on the order of the
Treasurer and a new levy or proceeding instituted.
20. (1) Where any goods and chattels have
been seized under the provisions of this Ordinance
they shall be sold at public auction at such place as
the Provost Marshal shall direct, and notice thereof
given:
Provided that no such goods or chattels shall
be sold until the expiration of five days at least
next following the day on which those goods or
chattels have been seized unless they are of a
perishable nature or they are sold upon the request
of the person to whom they belong.
(2) Until such sale such goods and chattels
shall be deposited by the Provost Marshal in some
fit place or they may remain in the possession of
any fit person whom he shall put in possession
thereof.
21. For the purpose of effecting the seizure
and sale of crops or things growing or being on
any land in respect of which the land tax has not
been paid, it shall be lawful for any person or
persons duly authorised by any person employed
in or about the collection of the said tax to enter
upon such land at all reasonable times for the
securing and cutting of the said crops and other |
things and to remove them from such lands; and
the provisions of section 20 of this Ordinance shall
apply to the sale of such crops and other things.
No. 6 of 1955. , Land and Louse Tax. 11
22. (1) Before proceeding with the sale of
anv land or house under the provisions of this
Ordinance the Provost Marshal shall serve or cause
to be served on the owner a notice of his intention
so to proceed.
t
(2) Except when otherwise ordered by the
Provo-t Marshal every such notice shall be served
personally on the owner.
(2) Whenever the owner cannot be found or
the Provost Marshal has reason to believe that the
owner is aveiding service of the notice, the Provost
Marshal may order the notice to be affixed in some
conspicuous manner to the property with respect to
which the default is made.
(4) No land or hou-e shall be sold until
after the expiration of at least fourteen days after
the service or affixing of the notice, as the case
may be.
(5) At least ten days before the sale of any
land: or house the Provost Marshal shall publish
the date and place of the sale in Road Town and
in such other localities in the Presidency as he may
deem fit, including the district in which the land or
house is situate, in the manner set out in subsection
(3) of section 6 of this Ordinance.
(6) It shall be lawful for the Provost Marshal
in his discretion to fix an upset price in respect of
any property about to be sold and he may or may
not as he deem fit publish tiie upset price before
or at the eale and if che upset price be not reached
at the bidding at the sale the Provost Marshal shall
withdraw the land or house from the sale and
institute proceedings anew under the provisions of
section 18 of this Ordinance as though such sale
had not taken place.
28. It shall be lawful for the Government
of the Presidency at.any sale under this Ordinance
to bid for and purchase any goods or property sold
for the recovery of any land or house tax.
VIRGIN
IsLANDS.
Sale of land
and houses.
@overnment
may purchase
property.
VikGIN
ISLANDS.
Power to
Provost
Marshal to
give posses-
sion.
Proceeds of
sale, how to
be dealt with.
No claim
against
Provost.
Marshal.
12 Land and House Tax. | No. 6 of 1955.
24. In all cases where land or houses are
sold by the Provost Marshal under the provisions
of this Ordinance he may, when ‘required by
the purchaser, deliver possession thereof to the
purchaser within six months after perfecting the
sale, and if necessary he may use as much force as
may be requisite to eject any occupier refusing to
surrender the same. .
Provided always that the person beneficially
entitled to any land or house so sold or his duly
accredited agent shall be at liberty to redeem the
same and if necessary to institute proceedings for
the recovery thereof within six months after the
perfecting of the sale:
Provided further that, upon such person or
his agent yo redeeming any land or house, the
urchaser or his duly accredited a or assignee
shall be entitled to recover and be allowed against
the person so redeeming the land or house the sum
of money originally paid by him to the Provost
Marshal for the perchase thereof together with
interest thereon at the rate of five per centum per
annum.
25. The proceeds of any sale which shall
have been held under the provisions of this Ordi-
nance shall be applied to the payment of the tax due
and to meeting the expenses of the seizure and
sale and, the fees payable in respect thereof, and the
residue, if any, shall be paid by the Provost
Marshal to the owner of the property on application
by him for the same:
Provided that if such owner does not apply
for the payment to him of such residue within
two years of the perfection of such sale, the
residue shall, become a part of the general revenue
of the Presidency and the owner shall cease to have
any right hereto.
26. No person shall be entitled to make any
claim against the Provost Marshal in respect of
any property sold as hereinbefore provided, or in
respect of any goods and chattels or crops or other
things seized and sold as aforesaid, but any claim
No. 6. of 1955. Land and House Taw. 13
which any such person may have shall be made
and claimed against the person who shall have
-made default in the due payment of the taxes in
satisfaction of -which the sale or the seizure and
sale has been made.
' 27. Where there is any transmission of
ownership in any land or house by death, transfer
or otherwixe, any arrears of taxes pavable in respect.
of such land or house may be enforced, levied and
recovered in the manner hereinbefore provided as if
there had been no such transmission of ownership.
28. After the period of redemption shall
have expired and the person entitled to redemption
shall have failed to redeem the land or house as
provided in section 24 of this Ordinance, the
Provost Marshal shall, on the application of the
person who has been declared to be the purchaser
/at the sale of the land or house, grant to that
person a certificate to the effect that he has
purchased the land or house, and such certificate
shall be deemed to prove that the land or house,
as the case may he, has been validly transferred to
such person, and the certificate may be registered
as any deed of conveyance.
29. In all acts and proceedings under this
Ordinance except the grant of a certificate of
purchase the Provost Marshal may act by a deputy,
and where the expression “ Provost Marshal†is
used in this Ordinance in reference to any such
acts and proceedings it shall be deemed to include
any deputy or deputies of the Provost Marshal.
30. Where land or house tax or any part
thereof is paid by any person who is not an owner
of the property in respect of which such tax is
payable the amount so paid may be recovered
from any owner of such property by any such
person and such amount is hereby declared to be
a civil debt recoverable summarily.
31. Any person who resists, obstructs,
molests or assaults or who assists any person to
resist, obstruct, molest or assault any purchaser
of property under this Ordinance shall on sum-
Virgin
ISLANDS.
Arrears of
taxes may be
recovered not-
withstanding
transmission
of ownership.
Certifiate of
purchase.
Power of
Provost
Marshal to
act by deputy.
Person paying
tax may
recover
amount from
owner.
Penalty for
obstructing
purchesors.
VIRGIN
ISLANDS.
Governor in
Council to
make Regula-
tions,
Commissioner
and Treasurer
may sit
as District
Magistrate.
Repeal,
7/1892.
4/1937.
14 Land and House Taz. No. 6 of 1955.
mary conviction be liable toa fine not exceeding
one hundred and seventy dollars or to imprison-
ment for a term not exceeding six months.
32. (1) The Governor in Council may
make Regulations for all or any of the following
purposes:—
(a) prescribing the form of notices
required under subsections (1) and (2) of ©
section 5 of this Ordinance;
(5) the manner of preparation of the |
assessment list;
(c) the method of assessing land and
houses;
(d) the giving of notice on the occur-
rence of any change in the ownership of any
property and of the building of new houses
or the enlargement or repair of existing
houses;
(e) the fees, if any, to be taken in
respect of any seizure and sale;
(f) prescribing the form of notice to
be served by the Provost Marshal under
section 22 of this Ordinance.
(2) here may be attached to any contra-
vention. of such Kegulations a penalty not
exceeding thirty-four dollars.
(83) Regulations made under the authority
of subsection (1) of this section shall not have
effect until they have been approved by a
resolution of the Legislative Council, and all
Regulations so approved shall be published in
the Gazette.
38. No objection shall he entertained to
any proceedings under this Ordinance by reason
of the District Magistrate who hears any matter
under this Ordinance being the person who fills
the office of Commissioner or Treasurer.
834. The Land and House ‘lax Ordinance,
1892 and the Land and House Tax Ordinance,
1937 are hereby repealed.
No. 6 of 1955. Land and House Taw. 15 Viren
IsLANDS.
85. This Ordinance shall come into. Commence-
operation on a day to be appointed by the “™*
Governor by proclamation published in the
Gazette.
H. A. C. Howarp,
President.
Passed the Legislative Council this 29th day
of March, 1955.
H. O. Creque,
Clerk of the Council.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buaoxman. Government Printer,—By Authority.
1955.
47/00220—660—7.55. ea [Price 18 cents, }
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