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Citation |
- Permanent Link:
- http://ufdc.ufl.edu/UF00076863/00291
Material Information
- Title:
- Leeward Islands gazette
- Added title page title:
- Supplement to the Leeward Islands gazette
- Creator:
- Leeward Islands (West Indies)
- Place of Publication:
- [Antigua
- Publisher:
- Gov. Printing Office]
- Publication Date:
- Dec 22, 1955
- Language:
- English
- Physical Description:
- 1 online resource
Subjects
- Subjects / Keywords:
- Politics and government -- Leeward Islands (West Indies) ( lcsh )
Law Leeward Islands (Federation) Montserrat
- Genre:
- serial ( sobekcm )
periodical ( marcgt ) Official gazettes ( fast ) Gazettes ( fast ) newspaper ( marcgt )
Notes
- Dates or Sequential Designation:
- 1- , 1872-
- General Note:
- Two pages per frame.
- General Note:
- Supplements, issued with some numbers, contain departmental reports, Meteorological registers, ordinances, statutory rules and orders, etc., of Antigua, St. Kitts and Nevis, Montserrat, and the British Virgin Islands.
- General Note:
- Weekly
- General Note:
- Published by Authority, <27th March, 1941>-28th June, 1956.
- General Note:
- Open access via Digital Library of the Caribbean.
- General Note:
- Some issues called "extraordinary."
- General Note:
- Occasionally issued with "Supplement to the Leeward Islands gazette."
- General Note:
- Vol. 18, no. 10 (13th March 1890); title from caption (viewed July 10, 2023).
- General Note:
- Vol. 84, no. 30 (28th June, 1956) (viewed July 10, 2023).
Record Information
- Source Institution:
- University of Florida
- Holding Location:
- University of Florida
- Rights Management:
- This item is presumed to be in the public domain. The University of Florida George A. Smathers Libraries respect the intellectual property rights of others and do not claim any copyright interest in this item. Users of this work have responsibility for determining copyright status prior to reusing, publishing or reproducing this item for purposes other than what is allowed by fair use or other copyright exemptions. Any reuse of this item in excess of fair use or other copyright exemptions may require permission of the copyright holder. The Smathers Libraries would like to learn more about this item and invite individuals or organizations to contact Digital Services (UFDC@uflib.ufl.edu) with any additional information they can provide.
- Resource Identifier:
- 001724221 ( ALEPH )
AJD6739 ( NOTIS )
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Notices,
It is hereby notified for general
information that His Excellency the
Governor has been pleased to appoint
the Hon. S. T. CHRIsTrIan, O.B.E.,
and the Hon. P. E. Ryan, O.B.E.,
to be Nominated Members, and the
Hon. C. 8. ROBERTS and the TIon. J.
R. A. McoDonaup, M.B.E., to be
Official Members, of the General
Legislative Council.
The Secretariat,
Antigua,
21st December, 1955.
It is hereby notified for general
information that the tollowing per-
sons were, on the undermentioned
dates, elected from amongst the
elected members of the Presidential
Legislative Councils to be representa-
tive members of the General Legigla-
tive Council:—
8TH DECEMBER, 1955.
Antigua.
The Hon. V. C. BIRD.
The Hon. BE. H. LAKgs.
The Hon. E. E. WILLIAMS.
L. Hurst, Esq.
B. 'T. CARROTT, Esq.
5TH DECEMBER, 1955.
St. Kitts-Nevis-Anguilla.
The Hon. R. L. BRADSHAW.
The Hon. J. N. FRANCE.
The Hon. R. J. GoRpoN, M.B.E.
D. S. Luoyp, Esq.
F. T. WILLIAMS, Esq.
21st DECEMBER, 1955.
Montserrat.
The Hon. J. C. L. Wau.
The Hon. E. T. EDGECOMBE.
2. Notification has not yet been
received of the representative mem-
ber elected by the British Virgin
Islands. and a further Gazette Notice
will be issued in this respect in due
course.
The Secretariat,
Antigua.
22nd December, 1955.
18/00031.
The Administrator of Antigua has
appointed the undermentioned Mar-
riage Officer for the Presidency of
Antigua:
Reverend ALFRED FRANCOIS.
Administrator's Office,
Antigua. : f
Ref. No. A, &/4.
278.7297
Lyé7e
VOL. LXXXIIT. THURSDAY, 22nn
219
THE LEEWARD ISLANDS
GAZETTE.
Published by Authority.
No. 128.
Appointments and transfers ete.,
in the public service, with effect from
the dates stuted, are published for
general information :—
Norris, R., Assistant Colonial Secre-
tary (Establishment), appointed to
act as Colonial Secretary from the
22nd December, 1955 to the 5th
January, 1956, inclusive, during
the absence in St. Kitts of the
Colonial Secretary.
The Secretariat,
dntigua.
15th December, 1955.
Ref. No. P.F. 429,
No, 129.
The Governor has, this day, been
pleased to assent to the undermen-
tioned Ordinance: —
Montserrat.
No. 6 of 1955, °*The Cotton Mar-
keting Ordinance, 1955.â€
The Secretariat,
Antigua.
14th December, 1955.
M.P. 47/00363.
No. 130.
The following Ordinances are cir-
culated with this Gazette and form
part thereof :—
Antigua.
No. 13 of 1955, ** The Vehicles and
Road Traffic (Amendment) Ordi-
nance, 1955.†8 pp. Price I2 cents.
Montserrat.
No. 6 of 1955, “The Cotton Mar-
keting Ordinance, 1955.â€
11 pp. Price 13 cents.
No. 131.
The following Bills which are to be
introduced in the General Legislative
Council of the Leeward Islands are
published with this issue of the
Gazette and form part thereof:—
“The Interpretation and General
Clauses (Amendment) Act, 1956.â€
“The Larceny (Amendment) Act,
1956.â€
“The Transfer of Sombrero Act,
1956.â€
“The Promissory Oaths (Amend-
ment) Act, 1956.â€
“he Pensions (Amendment) Act,
1956.â€
“The Magistrate’s Code of Proce-
dure (Amendment) Act, 1956.â€
“The Overseas Nurses’ Pensions
(Amendment) Act, 1956.â€
DECEMBER, 1935. No. 56.
PROVOST MARSHAL’S OFFIOE,
ANTIGUA,
8th December, 1955.
Notice is hereby given that there
will be sold on the various premises
in the City of Saint John on Thursday
the 29th day of December, 1955 at
12 o’clock noon, the Lands and
Tenements belonging to the persons
hereinafter named, the same having
been levied npon to satisfy the City
Rate due thereon for the year 1955,
BENNETT STREET
W. K. Heath.
BISHOPGATE STREET
Elizabeth William
Parker.
Robinson,
WAPPING LANE
Henry Edwards.
MARKET STREET
Michael,
Anthony John
Nascimento.
DRAKE STREET
Joseph Fernandez.
CECcIL O. BYRON,
Acting Provost Marshal.
TRAFFIC NOTICE.
TraFFic IN MARKET STREET, ST.
JouN’s, oN 247TH, 27TH AND
3lst DrEcEMBER, 1955 anpD
2np JANUARY, 1956.
By virtue of the powers vested in
me under Section 78 (1) of the Vehi-
cles and Road Traffic Ordinance No.
5 of 1946, I make the following
order:—
* No traffic by wheeled vehicles
wil] be allowed along Market Street,
St. John’s, between Tanner and
Newgate Streets, from 12 o’clock
noon to 12 o’clock midnight on the
24th, 27th and 31st December,
1955 and 2nd January, 1956.
“ Wheeled traffic going Kast and
West will be allowed to cross
Market Street between the points
named,â€
EH. M. V. JAMES, Lt.-Col.,
Traffic Commissioner.
15th December, 1955.
220
CUSTOMS NOTICE.
QUEEN’S WAREHOUSE.
Under the provisions of Sections 3
and 13 of the Trade and Revenue
Ordinance, No. 8 of 1900, the build-
ing known as the Government Cotton
Honse, situated at the Western
end of Church Street, has been
provided for the storage of goods
unladen from any vessels arriving
in this Presidency and will be a
part of the Queen’s Warehouse
until further notice. Goods intended
to be stored in this warehouse may
be landed at the wharf adjacent to
it which is popularly known as
Dews’ Wharf.
©. McA. STEVENS,
Collector of Custums.
8rd December, 1955.
CUSTOMS NOTICE.
Queen’s Warehouse.
Importers are requested to clear
goods landing at this port, promptly,
to avoid (a) congestion in the Queen’s
Warehouse and (#) damage to such
goods. The Collector of Customs
cannot accept responsibility for dam-
age to such goods and prompt delivery
cannot be guaranteed on receipt of
import warrants (entries) if, through
being left in the warehouse for long
periods, the packages have been
blocked up or covered over by sub-
sequent consignments of goods.
C. McA. STEVENS,
Collector of Customs.
8th November, 1955.
THE LEEWARD ISLANDS GAZETTE.
Sale of Goods in Queen's Ware-
house under the Provisions
of the Trade and Revenue
Ordinance, No. 8 of 1900.
All goods which, at the 60th Nov-
ember, 1955, had been over three
months in the Queen’s Warehouse
will be sold by public auction, unless,
within two weeks from the date of
this nutice, the owners or consignees
thereof pay the duties on such guods
and remove them from the Warehouse.
The list of goods liable for sale
under the terms of this notiee will
be published, when completed, by
copies thereof being exposed on the
main doors of the Customs Office and
Queen’s Warehouse.
C. McA. STEVENS,
Collector of Crusioms.
10th December, 1055.
Control of Imports & Exports
Notice No. 4 of 1955
Imports of Refrigeration Plant
Nearly all types of Commercial
Refrigerators. Refrigerated Cabinets
and Display Counters and Refrigera-
tion Plant, can now be obtained
from the United Kingdom and
I can furnish the addresses of
several United Kingdom manufac-
turers of such goods to any importers
who may be interested.
C. McA. STEVENS,
Collector of Customs and
Supply Officer.
25th November, 1955.
RAINFALL FIGURES.
Sentra] Experiment Station,
Antigua,
Month. 1951, 1952, 1953. 1954. 1955,
Jan, 3.60 2.41 1.93 3.04 2.16
Feb, 1.88 1.60 1.02 2,45 63
Mar. 1.09 1,62 5,60 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 5.74 131 38382 Laz
July 3.28 8.38 3.20 3.47 2.13
Ang. 9.18 8.43 3.15 5.93 8.25
Sept. 12.06 5.55 210 991 559
Oct. 3.90 5.19 85 4.62 4,60
Nov, 3.67 5.19 5.24 154 3.19
to Dec. 17th 5.54 1.52 2,13 1.75 (1.14
59.64 61.84 30.09 41.43 33.60
[22 December, 1955.
PROVOST MARSHAL’S OFFICE,
ANTIGUA.
7th December, 1955.
Notice ig hereby given that there
will be sold on the various premises
in the City of Saint John on Thursday
the 20th day of December, 1955 at
12 o’cloek noon, the Lands and
Tenements belonging to the persons
hereafter named, the same having
been levied upon to satisfy the City
Rate due thereon for the year 1955.
GEORGES
Estate of Sarah Sannders, Isaac
J. Hawkins, Alfred Reynolds, Isabella
Davis, Edward Terry, Elizabeth
Edwards, Lucy Jack, Alice M. Smith,
Foster E. L. Matthew, Donald Meade.
sv. STREET.
ST. JOHN’S STREET.
Gladys B. Winter, Igal Winter,
Estate of John Punter, George James,
Ivy Dench, George Monroe, Heirs
of Eliza Stevens, Adelaide Buntin,
Samuel Henry. Frances James, Laurel
Irene Foey, Heirs of Kerne, Estate of
Charles Isaac, Mary Grant, Charles
Issac, Alice Adams, state of Samuel
Martin, James & Mitchell Charlotte
Mathurin, Heirs of Jos. Thibou,
Francis Samuel.
BISHOPGATE STREET.
George H. Joseph, Selina Billing-
hurst, Emily Mason, James John,
Florence Ramsay, Henrietta John,
William John, Heirs of Albert Barnard
Jane Ann Wilson, Ellen Gurneg,
Theophilus Bird, John Dowe, Louisa
Thomas, Estate of Mary Green,
Sydney Benjamin, Louisa Semper,
David Beazer.
NORTH STREET.
Mary Samuel, Louisa Semper,
Heirs of 8. Daniel, Seamen’s Friendly
Society, Dorcas Osborne, Ferdinand
Martin, Grace Ann Pelle, Alfred
Hunte, Heirs of Daniel Peters.
DICKENSONBAY STREET.
Kenneth Murdoch, Agatha Hors-
ford, Alfred O. Wallace, Bertie Oliver,
John Lucas, Edmund Simon, Anthony
Jarvis, Rosaline Morgan, Ickford
Winter (2), Eric Joseph.
CECIL O. BYRON,
Acting Provost Marshal.
22 December, 1955. ] THE LEEWARD ISLANDS GAZETTE. 221
TRADE MARKS OFFICE,
Antigua, 9th December, 1955.
PHILIP MORRIS INCORPORATED, of 100 Park Avenue, New York, State of New
York, U.S.A. have applied for Registration of one Trade Mark consisting of the followine:—
Cigaretiecs
PHILIP MORRIS Inc NEW YORK
in Class 45 that is to say: Cigarettes
The Applicants claim that they have used the said Trade Mark in respect of the said goods
for one month before the date of their said Application.
Any person may within three months from the date of the first appearance of this Advertise-
ment in the Leeward Islands Gazette, give notice in duplicate ut the Trade Marks Office, Antigua, of
opposition to registration of the said Trade Mark,
CECIL O. BYRON,
Acting Registrar of Trade Marks.
INVALIDATION OF LEEWARD ISLANDS STAMPS.
It is hereby notified for general information that, in accordance with the provisions of the Stamps (Invalida-
tion) (No. 2) Order, 1955, (General Government 8.R. & O. No. 36 of 1955), all federal issues of Leeward Islands
Stamps. as set out below, will no longer be used for the payment of postage or stamp duties after the 30th June, 1956,
in view ot the defederation of the Leeward Islands Colony with effect from the Ist July, 1956:—
Order in Council authorising issue. Value of Stamps to be invalidated
9th January, 1922 as hd., 1ld., 2d., 2hd., 3d., 6d., 1-, 2/6, 5/-.
17th May, 1926 — 2/6, 3]-, 4/-.
No. 15 of 1928, as amended by No. 16 of 1937— All values
No. 31 of 1938 oo ida., 6d., If-, 2)-, 5/-.
Nos. 1 and 6 of 1951 (University College = 3c., 12¢.
of the West Indies)
No. 3 of 1954 — All values.
2. Provision has, however, been made in the above-mentioned Invalidation Order for a period of grace of
thres months thereafter, that is on or before the 30th September, 1956, within which holders of Leeward Islands
Stamps invalidated by the Order may effect their exchange at any Post Office in the Presidencies of Antigua, St. Kitts-
Nevis-Anguilla, Montserrat and the British Virgin Islands for a stamp or stamps of equal value authorised for use in
those Presidencies.
Secretariat,
Leeward Islands,
Antigua.
10th December, 1955.
222 THE LEEWARD ISLANDS GAZETTE. [22 December, 1955.
ANTIGUA
IN THE WEST INDIAN COURT OF APPEAL
ON APPEAL FROM THE SUPREME COURT OF THE WINDWARD ISLANDS
AND LEEWARD ISLANDS.
Betiween:
MavuRIcE JEROME MICHAEL
doing business as Mrssrs.
Anxtuony Micuaer & Sons
Plaintitj- Appellant
and
AnNTIGUA DISTILLERY LIMITED,
A DOMESTIC CORPORATION HAVING
ITS PRINCIPAL OFFICE IN THE
City or Saint Joun, ANTIGUA.
Dejfendants- Respondents
19538. No. 1—-ANTIGUA
Before:—
Maruizu Prrez, C.J., Trinidad and Tobayo
CottymorE, «© C.J., Barbados
JACKSON, C.J., Windward Islands and Leeward Islands
1955. December 7, 12.
S. T. Curistian fur the appellant
J. Rowan Henry for the respondents
JUDGMENT.
The appellant is a merchant trading in the naine of Anthony Michael & Sons and the respondent
Company are manufacturers of rum and have for some time been selling that commodity over proof to
the appellant to be retailed after being mixed and cured.
On the 27th March 1951 the appellant’s agent bought from the respondents two casks of
white rum containing 108.52 proof gallons at a price of $175.63 and paid excise duty thereon in the
sum of $208.35. This ram was mixed and placed in the appellant’s vats under the skilled supervision
of his agents, there to remain for some time prior to bottling. Two days after the sale us a result of
information received the appellant’s agent took a sample of this rum and on testing it found that it con-
tained diesel oil and was unfit for human consumption.
On the 29th March, 1951, the respondents’ secretary on receiving a complaint from the
appellant’s agent went to the uppellant’s premises; he offered to take back the rum, give a cheque for its
price inclusive of the duty paid; he was told to return the next day; on that day the 30th March, 1951,
at an interview between the appellant’s solicitor, appellant’s agent and the respondents’ secretary, it was
claimed that the rum had contaminated the vats; later that day the respondents wrote to the appellant
offering to replace the rum in the same proof gallonage duty paid and to pay reasonable costs for cleaning
and recharring the vats or to give him a cheque for $381.98, the cost of the rum and duty and to pay a
reasonable price for the vats, subject to his handing them over to the respondents and in any case requir-
ing the delivery to them of the contaminated ram. This offer was declined.
The relationship between the parties at this time and for some time prior thereto was strained
owing as it appeared to the learned Judge “ to a previous campaign by the plaintiff (appellant) to put an
imported rum on the local market.’ Further the appellant seems to have suspected that it was not by
mere chance that he and one other merchant, who were not shareholders in the respondent Company, were
the sole dealers in liquor supplied with this contarainated rum. This suspicion was found to be unjustified.
Several letters followed and protracted negotiations ensued without any agreement being reached
as to the amount, of the respondents’ ability. On the 27th June 1951 the appellant filed a writ claiming
damages for breach of contract, including costs of replacement of two vats contaminated $300 and a
further $300 for loss and use of the said vats until replaced. The respondents in their defence admitted
liability in the following terms:— “to the extent of $432.62 being the cost rum duty paid, the cost
of bitters, the porterage charges and the time lost for such cleansing (3 days) plus one week’s compensa-
tion and will cleanse and transport the vats at their own expense.†This amount $482.62 was paid into
Court on 14th August 1951.
The case was heard on the 15th and 16th of June 1953 and judgment given on the Lst October
in that year. At that time the contaminated rum was still in the vats and it was admitted that the longer
the rum remained therein the greater would be the damage. The learned Judge gave judgment in the
22 December, 1955. ] THE LEEWARD ISLANDS GAZETTE. 223
sum of $300 without stating the method of computation. He however indicated that he had taken all
things into consideration save that “this does not take into account any refund by Government of the
excise duty paid on the contaminated rum still in the plaintiff’s possession. If such duty or any portion
of it is recoverable at this late date, it will be for the plaintiff’s benefit. The defendant must pay one
half of the plaintiff's costs in these proceedings â€â€™.
The following are the grounds of appeal:—
1. The learned Judge misdirected himself on the question of damages by awarding a lump
sum of $300.00 notwithstanding that by its defence the defendant-respondent admitted a liability to the
plaintiff-appellant in a sum of $432.62 and had deposited said sum into Court. Said lump sum of
$300.00 does not detail what items of damage are therein included.
2. The learned judge misdirected himself by omitting to award to the plaintiff-appellant a
sum of $208.35 paid by the plaintiff-appellant as excise tax on the rum purchased by him and this
notwithstanding that its liability for the said sum of $208.35 was admitted by the defendant-respondent
in the defence.
3. That the learned judge erred in admitting the report of Mr. Warren the Chemist except for
the purpose of identification and not for the purpose of admission of its contents as binding as to the
opinions therein stated without giving the plaintiff-appellant’s Solicitor the opportunity of cross-examining
Mr. Warren.
4, That the learned judge was wrong in law in exercising his discretion as to costs by
awarding to the plaintiff-appellant only one-half of his taxed costs.
5. That the judgment of the learned judge was wrong and ought to be modified as herein
requested and if this Court shall decide to modify said judgment it permit the evidence of experts to be
adduced by both parties in coming to its decision or in the alternative that a new trial be ordered with
costs of this appeal to be paid to the plaintiff-appellant. _
On behalf of the appellant the argument before us was confined to the quantum of damages and
the costs, the other points raised in the grounds of appeal being abandoned.
Where a wrongful act has been followed by damage which is the direct consequence of the
wrong the extent of the damage can often be considerably lessened by well advised action, It is settled
law that the plaintiff is under a duty to take all reasonable steps to mitigate loss consequent on the
defendant’s wrongdving and he cannot recover compensation for any part of the damage which is due to
his neglect to take such steps.
It is manifest that these principles were well in the mind of the Judge in his consideration of
the quantum of damages, but it is beyond dispute that he excluded from his assessment the sum of
$208.85 the amount of duty paid by the appellant. Before us counsel for the appellant made no
complaint as to the assessment of $300.00, the burden of his contention being that there should have
been an additional award of the $208.35 paid as excise duty irrespective of whether it is or is not now
recoverable. There is no evidence whatever to show that the sum was or is now recoverable, but if it
be, it will enure for the respondents’ benefit. We are therefore of opinion that this sum should have
‘been included in the damages awarded.
The appeal succeeds and the judgment varied. There will be judgment for the appellant in the
sum of $508.35, and in the circumstances the appellant is entitled to his costs here and in the Court
‘below.
J. Marnizu PEREZ,
Chief Justice, Trinidad & Tobago.
E. A. CoLtityMoreE,
Chief Justice, Barbados.
DonaLp JACKSON,
Chief Justice, Windward Is!ands
and Leeward Islands.
412th December, 1935.
224, THE LEEWARD ISLANDS GAZETTE. [22 December, 1955.
ANTIGUA.
Control of Imports and Exports
Notice No. 4 of 1955
TENDER FOR FLOUR
Tenders are invited for the supply of 5,000 half bags of 100 lb each “EE†grade flour from
Local Commission Agents of Canadian Flour Mills. Quotations should be C.I.F. Antigua and should
include agents’ commission,
2. The “EK†grade flour must be milled solely from Canadian Hard Spring Wheat not lower:
in grade than No. 3 northern and must be of the following minimum standard:—
Maximui moisture a 14.00%
Maximum ash ae 52%
Minimum protein nee 12.00%
All flour to be enriched in accordance with the following :—
Minimum. Maximum.
Thiamine 2.0 2.5 milligrams for «ch Ib. flour
Riboflavine 1.2 1.5 » 7 2
Niacine 16.0 20.0 †3 »
Tron 13.0 16.5 †7
With Calcium Car-
bonate 500 600 7 †â€
The name of the miller, analysis of the flour, the enrichment standard and brand name should’
be stated in the tender. Chemist’s certificate showing analysis of the flour, enrichment standard and
duly notarised must accompany documents. The Supply Officer, however, exercises the right to arrange
for samples to be drawn and analysed on his behalf.
Shipping documents must include date of shipment of all flour and must indicate that it is en-
riched and “ Vitamin Enriched Flour†must be indicated on each bag.
3. Flour to be loaded at Montreal, Halifax or St. John and shipped to arrive in Antigua
during the month of February, 1956.
4, Tenders should bein sealed envelopes marked “ Tenders for flour†and should be addressed
to His Honour the Administrator and should reach the Administrator’s Office not later than 12.00
noon on 3let December, 1955.
5. Government does not bind itself to accept the lowest or any tender.
Administrator's Office,
Antigua, B.W.T.,
16th December, 1955.
Ref. No. A. 40/18,
‘22 December, 1955. ] THE LEEWARD ISLANDS GAZETTR. 235
CONTROL OF IMPORT AND EXPORTS.
Notice No. 6 of 1955.
IMPORTS IN 1956 UNDER 1955 LICENCES.
Importers are hereby notified that no further licences will be issued for the importation of
goods for 1955, except in special circumstances.
All goods subject to import quotas which arrive in the Colony after 3st December, 1955, or
which are paid for after that date, will count against quotas for 1956, although such goods may have
been ordered against 1955 quotas. Importers are therefore advised to reserve a sufficient portion of
their 1956 quotas to cover expected arrivals in 1956 under 1985 licences.
To ensure continuity of supplies, steps ure being taken to issue quotas for 1956 immediately,
and importers may submit applications for importation in 1956.
Import licences against 1955 Token Import Scheme quotas will be granted up to the 81st
December, 1955; these licences will be valid for goods arriving in the Colony not later than 31st March,
1956.
C. McA. STEVENS,
Collector of Customs and Supply Officer.
CONTROL OF IMPORTS AND EXPORTS.
Notice No. 7 of 1955.
IMPORT QUOTA ALLOCATIONS.
Importers are requested to submit applications for 1956 quota allocations under the following
heads not later than the 29th December, 1955.
(a) Cotton Textiles from U.S.A. or Canada.
(6) U.S. Token Scheme.
(c) Japanese Textiles.
C. McA. STEvENs,
Collector of Customs and Supply Officer.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E, M, BLACKMAN,
: Government Printer—By Authority,
1955,
[Price 34 cents.]
No, 13 of 1955, Vehicles and Roal Traffic ANTIGUA,
(Amendment).
[L.S.]
1 ASSENT,
Kk. W. BLackBuURNE,
Governor.
9th December, 1955.
' ANTIGUA.
es No. 13 of 1955.
An Ordinance to. amend further the Vehicles and
Road Traffic Ordinance, 1946.
ENACTED by the Legislature of Antigua
as follows:—
1. This Ordinance may be cited as the Short title.
Vehicles and Road Traffic (Amendment) Ordi-
nance, 1955 and shall be read as one with the
Vehicles and Road Traffic Ordinance, 1946 5/1946.
as amended, hereinafter called the Principal erase
Ordinance.
2. The long title to the Principal Ordinance Asusuinent ot
: , ro : , _ long title to
is hereby amended by the insertion of the words principal
“restricting the importation of certain types of Ordinance.
motor vehicles,†between the words “for†and
“the†in the second line thereof.
3. The following section is hereby substi- Section 3 of
tuted for section 8 of the Principal Ordinance— a.
A 2%8. 1047 nae
ANTIGUA. 2 - Vehicles 1nd Road Traffic = No. 13 of 1955
(Amendment).
Eransport 3. (1) There shal) be established a
Board. : _
body called the Antigua Transport Board
(hereinafter referred to as the Board)
consisting of the ‘Traffic Commissioner as
Chairman and four other members to be
appointed by the Administrator.
(2) The Administrator may appoint any
person to act. in the place of the Chairman
or any other member of the Board in the
cuse of his absence or inability to act as such
Chairman or other member.
(8) The Board may act by any three of
its members, and may so act notwithstanding
any vacancy in the number of members
constituting the Board.
(4) The Board shall have power to
regulate its own procedure.
(5) The Board shull act in an advisory
capacity and shall advise the Administrator
on all matters appertaining to road transport
and traffic and in particular as to the
following matters:
(a) transport, rates, fares,
tolls, dues or other charges;
(6) licence duties and fees in
respect of motor and other vehicles;
(c) the regulation and control
of traffic;
(d) any other matter affecting
traffic or transport that the Admin-
istrator may refer to the Board.
(6) The Board shall hear and determine
any appeal submitted by an aggrieved party
against any order or decision of the Traffic
Commissioner, the Licensing Officer or an
Examining Officer and the decision of the
Board thereon shall be conclusive:
ae
No», 13 of 1955. Vehicles and Roa! Traffie 3
(Amendment).
Provided that on the hearing of any such
appeal the Traffic Commissioner shall not act
as Chairman or as a member of the Bourd.
(7) The Board shall perform such
other duties as are assigned to it by this
Ordinance and the regulations made there-
under or by an order of the Governor in
Council.
4. The heading to Part IT of the Principal
Ordinance is hereby amended bv the insertion of
the words “CONTROL OF IMPORTATION â€
before the word “REGISTRATION.â€
5. The following new section shall be
inserted in Part JI of the Principal Ordinance
immediately after the heading thereof:—
“74. (1) No motor vehicle or trailer
all the wheels of which are not fitted with
pneumatic tyres, shall be used upon any
road.
(2) No motor vehicle or trailer which
exceeds @ maximum gross weight of five
tons shall be imported for use upon any
route or road:
Provided that in the case of motor
vehicles, the Transport Board may, subject
to any regulations made under paragraph
(w) of section 77 of this Ordinance, grant
licences for the importation of any motor
vehicle in excess of the maximum gross
weight of five tons but not exceeding a
.' maximum gross weight of nine tons for
the operation of such motor vehicle on any
such route or road as the Transport Board
may approve.â€
6. The following paragraph 1s hereby
substituted for paragraph (d) of subsection (2)
of section 11 of the Principal Ordinance-—-
ANTIGUA.
Amendment
to heading of
Part II of
the Principal
Ordinance.
Addition of
new section to
Part II of
the Principal
Ordinance.
Reatrictions
on use and
importation of
certain motor
vehicles.
Amendment to
section 11 of
the Principal
Ordinance.
ANTIGUA, 4 Vehicles and Road Traffic No. 13 of 1955.
(Amendment).
“(d) which is the property of a Consular
Officer or employee of the United States
Consulate in the Presidency, who is
(i) not a British subject
(ii) not engaged in private occupa-
tion for gain in the Presidency,
and
(iii) a permanent employee of the
United States Consulate in
the Presidency or, if not a
permanent employee thereof
was not resident in the Presi-
dency at the commencement of
his employment in the Consulate
of the United States of America
and which is used by him for his
official or personal duties. â€
Amendment of . Section 14 of the Principal Ordinance is
: I
section 14 of ~— hereby amended as follows:—
the Principal
Ordinance.
(a) by the deletion of subsection (1)
and the marginal note thereto;
(6) by the substitution of the words
“ Subject to the provisions of subsection (2)
of section 7A of this Ordinance the†for
the word “The†at the commencement of
subsection (2) and by inserting the following
marginal note to the said subsection: “ Special
permits. â€;
(c) by substituting the bracketed figures
“(1)†and “(2)†for the bracketed figures
“(2)†and “(3)†in subsection (5) thereof; and
d) by the renumbering of subsections
(2), (3), (4) and (5) thereof as subsections
(1), (2), (8) and (4) respectively.
Amendment to 8. Section 36 of the Principal Ordinance is
section 36 of hereby amended by the deletion of the words
e Prinoipa: ; . : : ;
Ordinance “and section 334.†in the fifth line thereof.
No. 13 of 1955. Vehicles and Road Traffic
(Amendment).
ANTIGUA.
DI
9. The following section is hereby. substi- Section 50 of
tuted for section 50 of the Principal Ordinance— {te Principal
repealed and
replaced.
“50, (1) No person shall drive a motor Speed.
vehicle of such cliss or description as is
specified in the Second Schedule to this Ordi-
nance ata speed greater than the speed therein
specified as the maximum speed at which a
vehicle of that class or description may be
driven on a road or any portion thereof within
the limits of the City of Saint John or which
ix declared to be within a speed limit area in
the manner hereinafter provided or otherwise
than as specified in the said Schedule.
Any person who acts in contravention of
the provisions of this subsection shall be
guilty of an offence.
(2) A person charged under this section
with the offence of driving a motor vehicle of
such class or deseription on a road at a speed
greater than the maximum speed allowed in
the case of a vehicle of that class or description
travelling on # road as defined in subsection
(1) shall not be liable to be convicted of the
offence solely on the evidence of one witness
to the effect that in the opinion of the witness
the person charged was driving the vehicle at
such greater speed.
(3) Any person being the owner of a
motor vehicle, who ids, abets, counsels or
procures any person who is employed by him
to drive such motor vehicle on such a road to
commit an offence under this section shall be
guilty of an offence.
(4) The Traffic Commissioner may, ‘by
order tinder his hand, prohibit the driving of
motor vehicles over any bridge at a speed
greater than that specified by him in such
order. Any such or AG shall be published in
the Gucett?, and the limit of speed to be
observed shall be indicated on notice bourds to
be fixed at such bridge.
Antigua.
6
Vehicles snd Road Traffic No. 13 of 1955
(Amendment).
(5) ‘Phe Traffic Commissioner may by
order published in the Gagelfe and in a
newspaper published in the Presidency probi-
bit the driving of motor vehicles generally or
of a particular class of motor vehicle above a
specified speed over any specified road or
portion of a specified road for a specified time:
Provided that so long as such prohibition
remains in force the Traffic Commissioner
shall erect and maintain traflic signs which
shall state the substance of the order published
in the Gazette and which shall be placed in
such position as shall give adequate notice
thereof to drivers of vehicles.
(6) The Governor in Couneil may by
order published in the (uceéfe and in one or
more newspapers circulating in the Presidency,
declare any road or portion thereof to be
within « speed limit are:
Provided that an order under this sub-
section shall be of no effect unless and until it
has been approved by the Legislative Council;
Provided further that as soon as practi-
cable after the coming into cffect of such
order the Traffic Commissioner shall erect or
cause to be erected, both at the commencement
and at the termination of such area, traffic
signs indicating the limits of such area and the
maximum speed fixed in relation thereto,
(7) Any person who
(a) drives « motor vehicle on a road
at a speed exceeding 2 speed limit
imposed by or under this section; or
(6) 33 guilty of an offence under
subsection (3) of this section,
shall be lable on suuimary conviction to a
penalty not exceeding one hundred and twenty
dollars or to imprisonment with or without
hard labour for a term not exceeding four
months and in addition in the case of «a second
No. 13 of 1955. Vehicles and Road Traffic 7
(Amendment),
or subsequent conviction to be disqualitied for
holding or obtaining a driver’s licence for such
period as the Court shall think fit.â€
10. Section 75 of the Principal Ordinance is
hereby amended as follows:
(a) by the substitution of the following
for subsection (1)—
‘““(1) Subject to the provisions of
subsection (6) of section 50 of this
Ordinance the Traffic Commissioner may
cause or permit traffic signs to be placed
on or near any road and may authorise
the retention of any traffic signs erected
prior to the passing of the Vehicles and
Road Traffic (Amendment) Ordinance
1954.â€
(6) by the substitution of the following
for subsection (7)—
(7) Subject to the provisions of
subsection (6) of section 50 of — this
Ordinance, that area or road or portion
of wu road to which a traffic sign applies
shall be deemed to be determined for the
purpose of this Ordinance when the
indication given by the sign is sufficiently
clear from the sign itself as being in a
forin commonly understood by drivers or
others to whom it is directed or when the
indication of the portion of the road to
which the traffic sign is to apply is given
by the erection of signs at each end of
tht, portion of the road:
Provided that in the case of any
sign prohibiting the passage of vehicles
ou any road, signs shall be erected at
ench end of the road or portion of the
road to which the prohibition is to apply
and at such other points as the Traffic
Commissioner may determine.â€
ANTIGUA.
Amendment to
section 75 of
the Principal
Ordinance,
Antigua, 8 Vehicles tid Road Traffic No. 18 of 1955
(Amendment).
(¢) by the deletion of subsection (4) and
the renumbering of subsections (5) (6) (7)
6
(8) (9) and (10) as (4) (5) (6) (7) (8) and
(9) respectively.
Amendment to 11. Paragraph (1) of section 77 «of the
section 77 of Ae wi oe.
the Principal Principal Ordinance is amended as follows:—
Ordinance,
(a) by the relettering of sub-paragraph
(w) thereof as sub-paragraph (#); and
(5) by the insertion of the following
sub-paragraph immediately after sub-paragraph
(v) thereof as sub-paragraph (w):—
“(w) the restriction on the importa-
tion of motor vehicles,â€â€™ 2
Amendment to 12. Subsection (3) of section 77A of the |
section 77A of eee e : .
the Principal Principal Ordinance is hereby amended by the
Ordinance. deletion of the words “any part of†appearing
therein.
Amendment of 13. ‘The Vehicles and Road Traffic (Amend-
eae ment) Ordinance, 1954 is hereby amended by the
1954, deletion of the bracketed figure “(11)†and the
substitution therefor of the figure “‘11†as the
number of section 11 of that Ordinance (which
provides for the insertion of section 77A of the
Principal Ordinance).
Avec Lovetace,
President.
Passed the Legislative Council the 17th day
of October, 1955.
F. A. CrarKe,
Acting Clerk of the Council.
ANTIQUA. :
Printed at the Government Printing Office, Leeward Islands,
by E, M. Buackman, Government Printer.—By Authority.
19565,
A 78/24—525—12,55, [Price 12 cents.)
No, 6 of 1955. Cotlon Marketing. MONTSERRAT,
[L.s.]
T Assen'r,
IK. W. BrackBurNeE,
Governor.
14th December, 1955,
. MONTSERRAT.
No. 6 of 1955.
An Ordinance to create a body corporate to market
cotton and to regulate and control the export
thereof.
ENACTED by the Legislature of Montserrat.
1. This Ordinance may be cited as the Cotton Short title.
Marketing Ordinance, 1955.
2. In this Ordinance, unless the context Interpretation.
otherwise requires—
“ Acsociationâ€â€™ means the Montserrat Cotton
Growers Association incorporated under
the Montserrat’ Gotton Growers Associa-
tion Ordinanee, 1936;
“ Board†means the Cotton Marketing Board
established under Section 3 of this
Ordinance;
“ Chairman’? means the Chairman of the
Board ;
“cotton ’’ means cotton lint;
MONTSERRAT.
Establishment
and constitn-
tion of Board.
Constitution
and proceed-
ings of the
Board.
Proceedings
on default of
Board,
2 Sotton Marketing. No. 6 of 1955.
“member� means a» member of the Board;
“person†includes any body of persons
corporate or unincorporate ;
“ Secretary’? means the Secretary of the
Board.
3. (1) For the purpose of marketing all
cotton produced in Montserrat and for the other
purposes of this Ordinance, there shall be established
a Board which shall be a body corporate by the
name of the Cotton Marketing Board with perpetual
succession and a common seal, which body shall be
entitled to negotiate sales of cotton, to sign
contracts therefor, and to control the export of
cotton for the purposes of this Ordinance.
(2) The common seal of the Board shall not
be affixed to any instrument whatsoever except by~
the authority of a resolution of the board and in
the presence of the Chairman and the Secretary
who shall sign their names to the instrument in
token of their presence.
(3) The seal shall be kept in the custody of
the Secretary or, in his absence from the Presidency,
by the Agricultural Superintendent.
4. The Board shall be constituted and its
proceedings shall be determined in accordance with
the provisions contained in the first Schedule to
this Ordinance.
5. (1) If the Board, in the judgment of the
Governor in Council, makes default in the per-
formance of the duties, by this Ordinance or by
any other law of this Colony, imposed upon it or
exceeds or nbuses its powers, it shall be lawful for
the Governor in Council, by an order, published in
the Gazette, to dissolve the Board.
(2) In case of such dissolution the following
_congsequences shall ensue, namely:—
(a) All members of the Board shall,
from the date of such order, vacate their
offices.
No. 6 of 1955. Cotton Marleting. 3. Montsenrar.
(6) All the powers and duties of the
Board shall until the formation of a new
‘ Board under this Ordinance be exercised by
such person as the Governor may appoint in
that behalf, and any payment made to such
person for his service shall be a charge upon
the funds of the Board hereinafter mentioned.
(c) Any contracts or other obligations
lawfully entered into by the Board before its
dissolution shall be carried out, as far as
possible, by such person aforesaid who shall,
for such purposes, be deemed to be the agent
of the Board.
(d) If such order for dissolution shall be
made the person appointed by the Governor
as aforesaid shall perform the duties of the
Board until a new Board is constituted under
the provisions of this Ordinance, which event
shall take place not later than two months
after the date of the said order.
6. A minute made of proceedings at a Minutes to
meeting of the Board and copies of any ordefs >: cvidenee.
made or resolutions passed at such meeting, if
purporting to be signed by the Chairman of the
meeting at which such preceedings took place or
such orders were made or resolutions passed, or by
a Chairman of the next ensuing meeting, shall be
received as evidence in all legal proceedings; and,
unless the contrary is shown, every meeting where
minutes of the proceedings have been so made
shall be deemed to have been duly convened and
held, and all the proceedings thereat to have been
duly transacted. ,
7. (1) All cotton produced in the Presidency Control of
and intended to be exported therefrom shall be cotton
exported by the Board or such person or persons export.
as may be authorised by them under licence, in the
Form in the Second Schedule hereto.
(2) All licences granted under the preceding
sub-section shall be revocable at the discretion of
the Board.
MonTSERRAT,
Funds of
the Board.
Inspection
and Audit.
Secretary of
the Board to
be appointed.
4 Collon Marketing. No. 6 of 1955.
(3) Any person exporting cotton in contra-
vention of the provisions of this section shall be
liable on summary conviction toa fine not exceeding
two hundred and forty doll: wus, or to imprisonment
for a term not exceeding six months, or to both
such fine and imprisonment.
8. (1) The funds of the Board shall consist
of a yearly contribution by the Association and of
any moneys voted for th: nut purpose and granted to
_the Board by the Levislative Council or by any
body authorized by cee Majesty's Gov ernment in
the United Kingdom to make grants for the
development. of Beitisli eae and all moneys
donated or bequeathed to and all moneys raised by
or payable to the Board under the provisions of
this Ordinance or otherwise.
(2) The Board may, with the consent of the
Governor in Council borrow money for the carrying
out of its purposes and muy charge in any manner
all property of the Board of every nature “and kind
whatsoever and all its funds and all the revenues of
the Board present and future with the repayment
of the money borrowed for such purposex.
9. All books of accounts of the Board and
all moneys, documents and things pertaining to the
Board in the custody of or under the control of the
Board, or of any officer or servant of the Board
shall at all times be subject to inspection and audit
by the Auditor of the Leeward Islands or by any
Clerk of the Audit Department in like manner as
though such books of account, moneys, documents
and things were in the custody or under the control
of a Public Officer in his official capacity.
10. (1) The Board may, with the approval
of the Governor—
(a) appoint a fit and proper person to be
Secretary ;
(6) from time to time fix or alter the
salary to be paid to such officer from the
funds of the Board, and
(¢) suspend or dismiss such officer.
No. 6 of 1955, Cotton Marketing. 5
Provided that notwithstanding the dissolution
or other determination of the Board the Secretary
shall continue to held office until his employment
as such shall be terminated by the Governor.
(2) The Secretary shall be the Chief Executive
Officer of the Board and shall have all such powers
and perform all such duties as are or may be
conferred upou him by this or avy other Ordinance,
or by any regulation or order of the Board. He
shall xttend fhe meetings of the Board and shall
keep the minutes of the proceedings at every
such meeting.
(3) The Sceretary shall be ex-officio Treasurer
of the Board.
(4) In the ease of the illness, or absence of
the Secretary, the Board may, with the consent of
the Governor, ‘ppoint some fit and proper person
to be Assistant Secretary.
(5) The Assistant Secretary shall hold office
during ¢.e pleasure of the Governor and of the
Board.
(6) All things required or authorised by law
or any regulation of order of the Board to be done
by the Secretary may be done by the Assistant
Secretary.
(7) An Assistant Secretary, while acting for a
Seeretary, may receive remuneration to be paid
from the funds of the Board as the Board may
determine.
li. (1) The Board may from time to time
AY POLT each) otuer officers and servants a6 May be
required for the efficient administration of the
affairs of the Board.
(2) Evers such officer or servant shall hold
office during the pleasure of the Board.
(3) “ory such officer or servant shall receive
euch remoneration and shall perform such duties
as may, from time to time be assigned to him by
the Board.
MONTSHRRAT.
Appointment
of subordinate
officers and
servants,
MONTSERRAT.
Officers and
servants may
be required
to ‘furnish
security.
Officers and
servants to
account,
6° Cotton Marketing. No. 6 of 1955.
12. (1) The Board may require any, officer
or servant appointed hereunder to give such
security as may be thought proper for the une and
faithful performance of the duties of bis office, and
for the due accounting for, paying over, * and
delivering all moneys, woods and chattels ‘which
may come into his hands in virtue of such office.
(2) No officer or servant of the Board shall
be entitled to more than a month’s notice of the
termination of his employment, and the Board
shall have no power to make any agreement for
service involving any longer period of such notice
or any claim for pension or compassionate allowance
unless authorised by the Governor with the
approval of the Legislative Council, to make such
agreement.
°
(3) If the Secretary or any other officer or
any servant appointed by the Bourd shall, directly
or indirectly, have any pecuniaty interest in any
agreement or contract which shall be entered into
by the Board, or any matter affecting the Board,
the Secretary, officer or servant shall report the
circumstances of such interest to the Board through
the Secretary as soon as prac:icable after he
becomes uware of his having such interest; and in
default of his so reporting, he shall be hable to
summary dismissal from the service of the Board.
18. (1) Every officer or servant appointed
by the Board shall give, at such umes during the
continuance of his office or within ten days after
ceasing to hold it, and in such manner as the Board
may direct, a true account in writing of all matters
comnitted.to his charge and of his receipts and
payments with vouchers therefor.
(2) Every such officer or servant shall pay all
moneys due from him to the Secretary or as the
Board may otherwise direct.
(3) If any such officer or servant-—
(a) refuses or neglects to deliver any
account which he ought to deliver or any
voucher relating thereto, or to make any
payment which he ought to m: uke; or
No. 6 of 1955. | Cotton Marketing. 7
(6) after three days’ notice in writing
signed by the Chairman and given to him
refuses or neglects to deliver to the Secretary,
anything whatsoever which he ought to
deliver or in respect of which he ought to give
satisfaction to the Secretary or to the Board,
as the case may be, a Magistrate may, on the
complaint of the Secretary, by summary order
require the said officer or servant to make
such delivery or payments or to give such
satisfaction.
(4) Any such officer or servant who fails to
comply with the order of the Magistrate shall be
guilty of an offence against this Ordinance.
(5) Nothing in this section shull affect any
remedy by civil action against any officer or
servant but so that an officer or servant shall not
be liable to he procceded against both summarily
and by civil action for the same cause.
(6) In paragraph (6) of section (3) of this
section the reference to the giving of a notice shall
be construed as including the leaving of such
notice at the usual or last known place of abode of
the officer or servant to whom such notice is to be
given and the reference to the Secretary shall be
construed as including any other person whom the
Board may direct for the purpose of receiving the
delivery or payment or the satisfaction mentioned
in the said paragraph. :
14. (1) Subject to the provisions of the
succeeding sub-xections of this section, the Board
may mike regulations with respect to all or any of
the following matters, that 1s to say:—
(a) the handling and export of cotton
by the Board and the marketing of the same;
(b) the manner in which the accounts of
the Board shall be kept;
(c) the finances of the Board and the
time at and the terms under which payments
to suppliers of cotton and other persons shall
be made;
MONTSERRAT.
Regulations.
MontTsrrpat.
Penalty for
offences.
8 Cotion Marketing. No. 6 of 1955.
(d) for regulating une controlling every
matter within the seape of the Board’s
operations whether the same shall be of the
same kind as any of the matters hereinbefore
particularly mentioned or otherwise.
2) No regulation shall be made, or, when
made, shall be altered or revoked, unless special
notice of such intended making, alteration, or
revocation has been given at a meeting of the
Board held at least seven days before that at which
such making, alteration, or revocation, is proposed,
and unless special notice in writing thereof has also
been given to the members at least three days
before such latter meeting.
(3) All regulations made by the Board under
this Ordinance shall be submitted for confirmation
of any regulation and thereupon such regulation
shall cease to have force and cffect. Every such
revocation shall be published in the G'acette.
15. (1) Any person who is guilty of an
offence against this Ordinance for which no special
penalty is provided by this Ordinance shall be
liable on summury conviction to a fine not exceed-
ing fifty dollars or to imprisonment. for a term not
exceeding three months or to both such fine and
such imprisonment,
(2) Where an offence against this Ordinance
or any regulations made thereunder committed by
acompany or other body of persous is proved to
have been committed with the consent or con-
nivance of, or to have been facilitated by any
neglect on the part of, any director, president,
chairman, manager, secretary or other officer of the
company or other body of persons, he as well as
the company or body of persons shall be deemed to
be guilty Of the offence ee shall be liable to be
proceeded against and punished accordingly.
(3) Every proceeding instituted in accordance
with the provisions of this section shall be taken in
the name and at the instance of the Secretary or in
the name and at the instance of the Gazetted
Police Officer in charge of the Police Division in
the Presidency.
No. 6 of 1955. Cotton Marketing. 9 MoNTSsERRAT.
16. This Ordinance shall come Into operation Commence.
on a day to be appointed by the Governor by ™™*
Proclamation published in the Gazette.
CHARLESWworRTH Ross,
President.
Passed the Legislative Council this 6th day of
September, 1955.
Jas. H. Carrort,
Clerk of the Council.
FIRST SCHEDULE.
(1) The Board shall consist, of—
() five members of the Committee of Management
of the Association (hereinafter exlled the “ Cotton Growers
representatives.â€).
(6) one member who shall be one of the elected
meinbers of the Legislative Council serving on the
Executive Council of the Presidency and exercising the
functions of Member for Trade and Production (herein-
after called the ‘‘ Member for Trade and Production "ys
Provided that where, for any reason, a vacancy exists
in respect of the seat of such member, the Governor may
appoint a person, not being an officer in the public service,
to be a member of the Board until such time as the
aforesaid vacancy shall cease to exist; and
(c) one member appointed by the Governor who
shall be an officer in the public service.
(2) Within twenty-one days after the coming into force of
this Ordinance and thereafter within fourteen days before the
expiration of the term of office of the Cotton Growers’
representatives, the Cotton ‘srowers’ representatives shall be
elected by secret ballot of the members of the Association and
shall serve for a term of office of the members of the Board.
(3) Every member shall, unless elected or appointed for a
shorter term, hold his seat on the Board for a term of
three years.
MONTSERRAT. 1() Colton Marketing. No. 6 of 1955,
(4) If by reason of the dissolution of the Legislative
Council, or for any other cause, the member serving on the
Board by reason of his office us Member for Trade and
Production, ceases to hold such a he shall not on that
account vacate his seat usa member the Board until such
time as his successor in the office «: ae for Trade and
Production shall be appointed.
(5) Any member of the Board who—
(a) not being an officer in the public service, by
writing addressed to the Governor, resigns from the
Board; or
(6) departs from the Presidency without leave of the
Commissioner ; or
(c) remains out of the Presidency after the expiration
of his leave without reasonable excuse; or
(a) fails without reasonable excuse -to attend four
meetings of the Board
shall cease to be a member of the Board.
(6) The appointment of any member of the Board
- appointed by the Governor may be revoked by the Governor.
(7) The Chairman shall be such member as shall be
elected by a majority of votes of the members at the first
meeting of the Board after its establishment and shall remain
in office until the appointinent of his successor unless he has
previously resigned his office or become disqualified for
membership of the Board.
(8) If the Chairman, from any cause whatsoever, ceases to
be Chairman during the period fer which he has bean elected,
the Board shall proceed to elect another member to be
Chairman and such other Chairmin, when elected, shall hold
office for the remainder of the time for which his predecessor
would have held office if he had not ceased to be Chairman.
(9) A retiring Chairman shall be eligible for re-election,
(10) The Chairman shall preside at every meeting of the-
Board and shall have such powers and perform such other
duties as may be from time to time assigned to him by
the rules.
No. 6 of 1955. Cotton Markcting. 11 Montsurrar.
(11) The Chairman shall not have an original vote but in
case of an equal division of votes on any question before the
Board he shall have a casting vote.
(12) The Board may from time to time, appoint any
member thereof to act as Deputy-Chairman during the illness .
or absence of the Chairman or during any temporary vacancy
in the office of Chairman. A Deputy-Cheirman shall, while
acting as such have all the powers and perform all the duties
of the Chairman.
(18) Subject to the provisions of paragraph 11 of this
Schedule every question before the Board shall be decided by a
majority of the votes of members present and voting. Every
member shall have one vote.
(14) The Board may make rules relating -to all or any of
the following matters:—
(a) the time and place of the meeting of the Board;
(6) the mode of convening the members of the
Board;
(c) the attendance of members;
(d) the form and order of the debates of the Board;
(e) the powers and duties of the officers and servants
of the Board; and
(7) the general regulation of the proceedings
(including the quorum) of the Board and the mode of
conducting the business of the Board.
SECOND SCHEDULE.
Licence is hereby granted
(name of seller)
of to sell
(address)
pounds of cotton to
(purchaser) .
Dated this day of lo
(Signature of Officer issuing licences)
ANTIGUA.
Printed at the Government Printing Otlice, Leeward Islands,
by E. M. Brackman, Government Printor.—By Authority.
: 1955.
47/00363—500—12.55. Price 13 cents.
No. of 1956, Interpretation and General
Clauses (Amendment).
LEEKWARD ISLANDS.
No. of 1956.
An Act to amend the Interpretation and General
Clauses Act, 1955.
ENACTED by the Legislature of the
Leeward Islands.
1. This Act may be cited as the Interpre-
tation and General Clauses (Amendment) Act,
1956, and shall be read as one with the
Interpretation and General Clauses Act, 1955.
2. Section 2 of the Principal Act is hereby
amended by the substitution of the following for
the definition of “ British possession â€â€”
‘““ “British possession†means any part of
Her Majesty’s dominions other than
the United Kingdom, and ‘shall be
deemed to include India, South West
Africa; any territory under Her Maj-
esty’s protection, or any territory
administered by the Government of any
part of Her Majesty’s dominions under
the trusteeship system of the United
x Nations; â€â€™,
LEEWARD
IsLANDS,
Short title.
12/1955.
Amendment of
section 2 of
the Principal
Act.
Lezewarp 2 Interpretation and General No. of 1956.
IsLaANDS. Clauses (Amendment).
Amendment of 8. Section 47 of the Principal Act is
tho Princieal hereby amended by the substitution of the word
Act. “rights� for the word+-“ right†appearing in the
second line of the section.
President.
Passed the General Legislative Council this
day of 1956.
Clerk of the Council.
OBJECTS AND REASONS.
The object of this Bill is-as a result of a
suggestion of the Secretary of State to replace
the definition of “ British possession†in section
2 of the Principal Act by a more suitable
definition,
2. The opportunity is also taken to correct
a typographical error in section 47 of the Act.
Ranpatt H. Lockuart,
Acting Attorney General.
16th September, 1955.
ANTIQUA,
Printed at the Government Printing Office, Leeward Islands,
by R. M. Buaoxman, Government Printer.—By Authority.
1956.
47/00202—352—12.55. (Price 4 cents}
_ No. of 1956. Larceny (Amendment). ee
LEEWARD ISLANDS. :
No. of 1956.
An Act to amend further the Larceny Act.
ENACTED by the Legislature of the
Leeward Islands.
1. This Act may be cited as the Larceny short title.
(Amendment) Act, 1956, and shall be read as
one with the Larceny Act, as amended, herein-
after called the Principal Act. Cap. 38.
2. Section 105 of the Principal Act is Repeal.
hereby repealed,
Fresident.
Passed the General Legislative Council this
day of 1956.
Clerk of the Council.
Laewarp = 2 Larceny (Amendment). No. of 1956.
ISLANDS.
OBJECTS AND REASONS.
The object of this Bill is to repeal section 105
of the Larceny Act (Cap. 38) which contains
provisions regulating dealings in the purchase of
old marine stores of any description.
2. The regulation of the purchase, sale
tnd export of old metal and marine stores is the
subject of Presidential legislation already. enacted
or shortly to be introduced, and as this Presi-
dential legislation is more comprehensive and
modern in form than the federal enactment
which dates back to 1878 it is thought desirable
to repeal section 105 of the federal Act to obviate
the danger that any of the Presidential Ordinances
may be repugnant to the provisions of the
federal legislation.
Ranpatt H. Locxnart,
Acting Attorney General.
19th October, 1955. *
ANTIGT A.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.—By Authority.
1955.
47/00015—352—12,55 [ Price 4 cents. ]
No. of 1956. Transfer of Sombrero.
LEEWARD ISLANDS.
No. of 1956.
An Act to provide that the [sland of Sombrero
shall cease to form part of the Presidency of
the Virgin Islands and shall be included in
and form part of the Presidency of Saint
Christopher Nevis and Anguilla.
ENACTED by the Legislature of the Lee-
ward Islands.
1. This Act may be cited as the Transfer of
Sombrero Act, 1956.
2. From and after the coming into operation
of this Act the Island of Sombrero shall cease to
form part of the Presidency of the Virgin Islands
and -shall be included in and form part of the
Presidency of Saint Christopher Nevis and An-
guilla.
3. The Sombrero Act is hereby repealed.
LREWARD
IsLANDs,
Short title.
Transfer of
Sombrero
from the
Presidency of
the Virgin
Islands to the
Presidency
of Saint
Christopher
Nevis and
Anguilla.
Repeal.
Cap. 81.
LeewarD 9
Transfer of Sombrero. No. of 1956.
IsLaNps.
Commence-
4. This Act shall come into operation on a
ment.
day to be appointed by the Governor by proclama-
tion published in the Gazetée.
President.
Passed by the General Legislative Council this
day of 1956.
Clerk of the Council.
ANTIQUA.
Printed at the Government Printing Offive, Leeward Islands,
by E..M. BLhaokman, Government Printer—By Authority,
1965.
47/00357—352—12.55. Price 4 cents.
No. of 1956, Promissory Oaths
( Amendmeni).
LEEWARD ISLANDS.
No. of 1956.
An Act to amend the Promissory Oaths Act and
to substitute a new form of Oath to be taken
by Members of Hxecutive Councils.
ENACTED by the Legislature of the
Leeward Islands.
1. This Act may be cited as the Promissory
Oaths (Amendment) Act, 1956, and shall be read -
as one with the Promissory Oaths Act, hereinafter
called the Principal Act.
2. The Principal Act is hereby amended by
the substitution of the following for the form of
‘Oath of Executive Councillor in the Schedule to
the Principal Act:—
“T, , being chosen and
admitted to Her Majesty’s Exeoutive
Council in this Colony, do swear that
except with the authority of His Excel-
lency the Governor I
LegewarRD
IsLANDS,
Short title,
Cap. 120.
Substitution
of form of
Oath of
Exeoutive
Councillor in
Schedule to
Principal Act.
Liewarp No. of 1956. Promissory Oaths.
ISLANDS. (Amendment).
will not directly or indirectly reveal the
business or proceedings of the Executive
Council or the nature or contents of any
document communicated to me as a
Member of the Council or any matter
coming to my knowledge in my capacity
asa Member of the Council, and that in
all things I will be a true and faithful
Councillor.
So Help Me God â€.
President.
Passed the General Legislative Council this
day of 1956.
Clerk of the Council.
OBJECTS AND REASONS.
On a strict interpretation of the wording of the form of
Oath of an Executive Councillor currently in use, the only
matters which are covered are such as are actuully debated in
Executive Council and as are committed to the secrecy of
Executive Councillors. The present Oath falls short. of
what iy required, especially with regard to the documents
circalated to Members which, while not intended to be dealt
with at a meeting of the Council, are nevertheless of a secret or
confidential nature. Such documents are certainly within the
spirit, although they may not not be within the letter, of the
Oath.
2. The Bill seeks to replace the existing form of Oath by
a new form which is designed to cover ull contingencies and will
leave no doubt as to the obligations of Executive Councillors in
relation to the degree of secrecy to be observed by them in
carrying out their duties.
RanpatL H. Locxuart,
Acting Attorney General.
8th September, 1955.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands
by E. M. BhackmAn, Government Printer.—By Authority.
1955,
©. 18/00021 —352 —12.55. Price 4 cents.
No. of 1956. Pensions (Amendment)
LEEWARD ISLANDS.
No. of 1956.
An Act to amend further the Pensions Act, 1947.
ENACTED by the Legislature’ of the Lee-
ward Islands.
1. This Act may be cited as the Pensions
(Amendment) Act, 1956, and shall be read as one
with the Pensions Act, 1947, as amended, herein-
after called the Principal Act.
2. (1) Subsection (1) of section 2 of the
Principal Act is hereby amended by the substitution
of the following for paragraph (a) of the definition
of the expression “ pensionable emoluments â€â€”
(a) in respect of service in the Colony,
includes salary, personal allowance, house
allowance, and, in the case of a teacher, any
charge pay that may be paid to such teacher
when in charge of a government elementary
school,. but does not include duty allowance,
entertainment allowance or any other emolu-
ments whatever; â€â€™
LeewaRpD
I@LANDS.
Short title.
12/1947.
12/1948,
7/1963.
4f1955,
Amendment of
section 2(1) of
the Principal
Act.
LEEWARD
ISLANDS.
Amendment of.
section 161)
of the Princi-
pal Act.
%
Amendment of
section 17 of
the Principal
Act.
2 Pensions (Amendment) No. of 1956.
(2) The foregoing amendment shall be deemed
to have had effect from the Ist day of January,
1952.
(3). Subsection (1) of section 16 of the
Principal Act is hereby amended by the substitution
of the words “ For the purposes of this sectionâ€
for the words “ For the purposes of this subsection â€
_ appearing in the first line of paragraph (6) of the
subsection.
4. The following amendments are hereby
made to section 17 of the Principal Act:—
(1) Subsection (1) is amended by—
(a) inserting after the words
“legal personal representative ’’ the
words “or in addition to the pay-
ment, if any, made to his dependant
or dependants’; and
(6) deleting the words “ para-
graphs (ii) and (ii)†in paragraph
(vii), the words “ paragraph (i1)†in
proviso (a), and the words “ para-
graph (ii) or paragraph (ili)†in
# proviso (6), and substituting in each
case the words ‘paragraphs (il),
(ili) or (iv)â€.
(2) Subsection 3 is amended by—
(a) substituting a colon for the
full-stop at the end thereof; and
(6) adding thereto the follow-
ing proviso—
“Provided that this subsection.
shall not apply in the case of an
officer who is eligible to receive
an award under subsection (4) of
this sectionâ€.
(3) Subsection (6) is amended by—
(a) relettering paragraphs (a)
and (¢) of tie subsection as para-
graphs (e) and (/) respectively; and
No. of 1956. Pensions (.4mendment) 3 Leewanp
IgLANDS8.
(6) inserting next after para- .
graph (c) the following—
“(d) the word ‘father’ in-
cludes, in relation to a person, his
stepfather and a male person by
whom he has been adopted;â€â€™.
President.
Passed the General Legislative Council this
day of 1956.
Clerk of the Council.
OBJECTS AND REASONS.
The objects of this Bill are:—
(a) to amend the Principal Act to include in the
definition of “ pensionable emoluments †a reference to the
charge pay of teachers in charge of Government Element-
ary Schools; and
(b) to remedy a number of lacune which have been
observed in the amending Act of 1955.
29. The amendment relating to ‘‘charge pay†is conse-
quent on a recommendation made by Mr. Hammond. It
seeks in those Presidencies where it has not been found
desirable to amalgamate charge pay with salary to enable the
allowance to count for purposes of pension. It is made
retrospective to the Ist January 1952 in order to accommodate
Head Teachers of Government Elementary Schools in those
Presidencies who have retired since the date when the salary
revision took effect.
3. The amendments mentioned in paragraph 1 (0) above
are the result of recommendations of the Secretary of Svate in
Leeward Islands despatch No. 508 of the 18th September,
195).
RanpaLt H. Locxwarr,
Acting Attorney General.
18th October, 1955.
ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.—By Authority.
1955.
47/00075—352—12.55. Price 5 cents.
No. of 1956. Mayistrate’s Code of Pro-
cedure (Amendment).
LEEWARD ISLANDS.
No. of 1956.
An Act to amend further the Magistrate’s Code
of Procedure Act, (Cap. 61).
ENACTED by the Legislature of the
Leeward Islands.
1. This Act may be cited as the Magistrate’s
Code of Procedure (Amendment) Act, 1956, and
shall be read as one with the Magistrate’s Code of
Procedure Act, as amended, hereinafter called
the Principal Act.
2. Subsection (3) of section 172 of the
Principal Act is hereby amended by the substitu-
tion of a comma for the full-stop at the end of
subsection (3) and the addition thereatter of the
following words “and in a matter relating to
salvaye or the title to wreck where the sum in
dispute exceeds ninety-six dollarsâ€.
President.
LEEWARD
ISLANDS.
Short title.
Cap. 61.
Amendment
of section
172(3) of the
Principal Act
9
Leewarn 2 Magistrate's Code of Pro- No. of 1956.
IsLaNDs. cedure (Amendment).
Passed the General Legislative Council this
day of ~ 1956.
Clerk of the Couneil.
OBJECTS AND REASONS.
ome ee a
The object of this Bill is to amend the
Magistrate’s Code of Procedure Act to cure an
omission in the amending Act of 1954.
Ranpatt H. Locxuart,
Acting Attorney General.
3rd October, 1955.
. ANTIQUA.
Printed at the Government Printing Office, Leeward Islands
by E, M. Buackm an. Government Printer-—-By Authority,
1955,
47/00026-—352—12.55 Price 4 cents,
4
No. of 1956. Overseas Nurses’ Pensions
(Amendment),
LEEWARD ISLANDS.
No. of 1956.
An Act to amend the Overseas Nurses’ Pensions
Act.
ENACTED by the Legislature of the Lee-
ward Islands.
1. This Act may be cited as the Overseas
Nurses’ Pensions (Amendment) Act, 1956, and
shall be read as one with the Overseas Nurses’
Pensions Act, hereinafter called the Principal Act.
2. Section 3 of the Principal Act is hereby
amended by the substitution of the words “ four
dollars and eighty cents� for the words “ eight
shillings and four pence†appearing therein.
3. his Act shall be deemed to have come
into operation on the Ist day of January, 1956.
President.
Passed the General Legislative Council this
day of 1956.
Clerk of the Council.
LEEWARD
IsLanps,
Short title.
Cap. 129,
Amendment
of section 3 of
the Principal
Act.
Commence-
ment.
Lrewarp 2 Overseas Nurses’ Pensions No. of 1956.
IsLANDs. (Amendment).
OBJECTS AND REASONS.
The object of this Bill is to increase the rate
of the Nurses’ Retiring Allowance provided by law
from 8/4 a year for each month of service to $4.80
a yeur for each month of service. The present rate
of allowance which came into force in 1926 bears
little resemblance to the corresponding rate of a
present day pension under the Pensions and
Pensions (Increase) Acts and parallel legislation in
other territories.
Ranpatt H. Lockuart,
Actiny Atiorney General.
4th November, 1955.
_. ANTIGUA.
Printed at the Government Printing Office, Leeward Islanda,
by E. M. BLACKMAN, Government Printer.—By Authority.
: 19565, .
13/00098—852—19.55 ° [Price 4 oents.1
tS en omen
|
Full Text |
Notices,
It is hereby notified for general
information that His Excellency the
Governor has been pleased to appoint
the Hon. S. T. CHRIsTrIan, O.B.E.,
and the Hon. P. E. Ryan, O.B.E.,
to be Nominated Members, and the
Hon. C. 8. ROBERTS and the TIon. J.
R. A. McoDonaup, M.B.E., to be
Official Members, of the General
Legislative Council.
The Secretariat,
Antigua,
21st December, 1955.
It is hereby notified for general
information that the tollowing per-
sons were, on the undermentioned
dates, elected from amongst the
elected members of the Presidential
Legislative Councils to be representa-
tive members of the General Legigla-
tive Council:—
8TH DECEMBER, 1955.
Antigua.
The Hon. V. C. BIRD.
The Hon. BE. H. LAKgs.
The Hon. E. E. WILLIAMS.
L. Hurst, Esq.
B. 'T. CARROTT, Esq.
5TH DECEMBER, 1955.
St. Kitts-Nevis-Anguilla.
The Hon. R. L. BRADSHAW.
The Hon. J. N. FRANCE.
The Hon. R. J. GoRpoN, M.B.E.
D. S. Luoyp, Esq.
F. T. WILLIAMS, Esq.
21st DECEMBER, 1955.
Montserrat.
The Hon. J. C. L. Wau.
The Hon. E. T. EDGECOMBE.
2. Notification has not yet been
received of the representative mem-
ber elected by the British Virgin
Islands. and a further Gazette Notice
will be issued in this respect in due
course.
The Secretariat,
Antigua.
22nd December, 1955.
18/00031.
The Administrator of Antigua has
appointed the undermentioned Mar-
riage Officer for the Presidency of
Antigua:
Reverend ALFRED FRANCOIS.
Administrator's Office,
Antigua. : f
Ref. No. A, &/4.
278.7297
Lyé7e
VOL. LXXXIIT. THURSDAY, 22nn
219
THE LEEWARD ISLANDS
GAZETTE.
Published by Authority.
No. 128.
Appointments and transfers ete.,
in the public service, with effect from
the dates stuted, are published for
general information :—
Norris, R., Assistant Colonial Secre-
tary (Establishment), appointed to
act as Colonial Secretary from the
22nd December, 1955 to the 5th
January, 1956, inclusive, during
the absence in St. Kitts of the
Colonial Secretary.
The Secretariat,
dntigua.
15th December, 1955.
Ref. No. P.F. 429,
No, 129.
The Governor has, this day, been
pleased to assent to the undermen-
tioned Ordinance: —
Montserrat.
No. 6 of 1955, °*The Cotton Mar-
keting Ordinance, 1955.â€
The Secretariat,
Antigua.
14th December, 1955.
M.P. 47/00363.
No. 130.
The following Ordinances are cir-
culated with this Gazette and form
part thereof :—
Antigua.
No. 13 of 1955, ** The Vehicles and
Road Traffic (Amendment) Ordi-
nance, 1955.†8 pp. Price I2 cents.
Montserrat.
No. 6 of 1955, “The Cotton Mar-
keting Ordinance, 1955.â€
11 pp. Price 13 cents.
No. 131.
The following Bills which are to be
introduced in the General Legislative
Council of the Leeward Islands are
published with this issue of the
Gazette and form part thereof:—
“The Interpretation and General
Clauses (Amendment) Act, 1956.â€
“The Larceny (Amendment) Act,
1956.â€
“The Transfer of Sombrero Act,
1956.â€
“The Promissory Oaths (Amend-
ment) Act, 1956.â€
“he Pensions (Amendment) Act,
1956.â€
“The Magistrate’s Code of Proce-
dure (Amendment) Act, 1956.â€
“The Overseas Nurses’ Pensions
(Amendment) Act, 1956.â€
DECEMBER, 1935. No. 56.
PROVOST MARSHAL’S OFFIOE,
ANTIGUA,
8th December, 1955.
Notice is hereby given that there
will be sold on the various premises
in the City of Saint John on Thursday
the 29th day of December, 1955 at
12 o’clock noon, the Lands and
Tenements belonging to the persons
hereinafter named, the same having
been levied npon to satisfy the City
Rate due thereon for the year 1955,
BENNETT STREET
W. K. Heath.
BISHOPGATE STREET
Elizabeth William
Parker.
Robinson,
WAPPING LANE
Henry Edwards.
MARKET STREET
Michael,
Anthony John
Nascimento.
DRAKE STREET
Joseph Fernandez.
CECcIL O. BYRON,
Acting Provost Marshal.
TRAFFIC NOTICE.
TraFFic IN MARKET STREET, ST.
JouN’s, oN 247TH, 27TH AND
3lst DrEcEMBER, 1955 anpD
2np JANUARY, 1956.
By virtue of the powers vested in
me under Section 78 (1) of the Vehi-
cles and Road Traffic Ordinance No.
5 of 1946, I make the following
order:—
* No traffic by wheeled vehicles
wil] be allowed along Market Street,
St. John’s, between Tanner and
Newgate Streets, from 12 o’clock
noon to 12 o’clock midnight on the
24th, 27th and 31st December,
1955 and 2nd January, 1956.
“ Wheeled traffic going Kast and
West will be allowed to cross
Market Street between the points
named,â€
EH. M. V. JAMES, Lt.-Col.,
Traffic Commissioner.
15th December, 1955.
220
CUSTOMS NOTICE.
QUEEN’S WAREHOUSE.
Under the provisions of Sections 3
and 13 of the Trade and Revenue
Ordinance, No. 8 of 1900, the build-
ing known as the Government Cotton
Honse, situated at the Western
end of Church Street, has been
provided for the storage of goods
unladen from any vessels arriving
in this Presidency and will be a
part of the Queen’s Warehouse
until further notice. Goods intended
to be stored in this warehouse may
be landed at the wharf adjacent to
it which is popularly known as
Dews’ Wharf.
©. McA. STEVENS,
Collector of Custums.
8rd December, 1955.
CUSTOMS NOTICE.
Queen’s Warehouse.
Importers are requested to clear
goods landing at this port, promptly,
to avoid (a) congestion in the Queen’s
Warehouse and (#) damage to such
goods. The Collector of Customs
cannot accept responsibility for dam-
age to such goods and prompt delivery
cannot be guaranteed on receipt of
import warrants (entries) if, through
being left in the warehouse for long
periods, the packages have been
blocked up or covered over by sub-
sequent consignments of goods.
C. McA. STEVENS,
Collector of Customs.
8th November, 1955.
THE LEEWARD ISLANDS GAZETTE.
Sale of Goods in Queen's Ware-
house under the Provisions
of the Trade and Revenue
Ordinance, No. 8 of 1900.
All goods which, at the 60th Nov-
ember, 1955, had been over three
months in the Queen’s Warehouse
will be sold by public auction, unless,
within two weeks from the date of
this nutice, the owners or consignees
thereof pay the duties on such guods
and remove them from the Warehouse.
The list of goods liable for sale
under the terms of this notiee will
be published, when completed, by
copies thereof being exposed on the
main doors of the Customs Office and
Queen’s Warehouse.
C. McA. STEVENS,
Collector of Crusioms.
10th December, 1055.
Control of Imports & Exports
Notice No. 4 of 1955
Imports of Refrigeration Plant
Nearly all types of Commercial
Refrigerators. Refrigerated Cabinets
and Display Counters and Refrigera-
tion Plant, can now be obtained
from the United Kingdom and
I can furnish the addresses of
several United Kingdom manufac-
turers of such goods to any importers
who may be interested.
C. McA. STEVENS,
Collector of Customs and
Supply Officer.
25th November, 1955.
RAINFALL FIGURES.
Sentra] Experiment Station,
Antigua,
Month. 1951, 1952, 1953. 1954. 1955,
Jan, 3.60 2.41 1.93 3.04 2.16
Feb, 1.88 1.60 1.02 2,45 63
Mar. 1.09 1,62 5,60 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 5.74 131 38382 Laz
July 3.28 8.38 3.20 3.47 2.13
Ang. 9.18 8.43 3.15 5.93 8.25
Sept. 12.06 5.55 210 991 559
Oct. 3.90 5.19 85 4.62 4,60
Nov, 3.67 5.19 5.24 154 3.19
to Dec. 17th 5.54 1.52 2,13 1.75 (1.14
59.64 61.84 30.09 41.43 33.60
[22 December, 1955.
PROVOST MARSHAL’S OFFICE,
ANTIGUA.
7th December, 1955.
Notice ig hereby given that there
will be sold on the various premises
in the City of Saint John on Thursday
the 20th day of December, 1955 at
12 o’cloek noon, the Lands and
Tenements belonging to the persons
hereafter named, the same having
been levied upon to satisfy the City
Rate due thereon for the year 1955.
GEORGES
Estate of Sarah Sannders, Isaac
J. Hawkins, Alfred Reynolds, Isabella
Davis, Edward Terry, Elizabeth
Edwards, Lucy Jack, Alice M. Smith,
Foster E. L. Matthew, Donald Meade.
sv. STREET.
ST. JOHN’S STREET.
Gladys B. Winter, Igal Winter,
Estate of John Punter, George James,
Ivy Dench, George Monroe, Heirs
of Eliza Stevens, Adelaide Buntin,
Samuel Henry. Frances James, Laurel
Irene Foey, Heirs of Kerne, Estate of
Charles Isaac, Mary Grant, Charles
Issac, Alice Adams, state of Samuel
Martin, James & Mitchell Charlotte
Mathurin, Heirs of Jos. Thibou,
Francis Samuel.
BISHOPGATE STREET.
George H. Joseph, Selina Billing-
hurst, Emily Mason, James John,
Florence Ramsay, Henrietta John,
William John, Heirs of Albert Barnard
Jane Ann Wilson, Ellen Gurneg,
Theophilus Bird, John Dowe, Louisa
Thomas, Estate of Mary Green,
Sydney Benjamin, Louisa Semper,
David Beazer.
NORTH STREET.
Mary Samuel, Louisa Semper,
Heirs of 8. Daniel, Seamen’s Friendly
Society, Dorcas Osborne, Ferdinand
Martin, Grace Ann Pelle, Alfred
Hunte, Heirs of Daniel Peters.
DICKENSONBAY STREET.
Kenneth Murdoch, Agatha Hors-
ford, Alfred O. Wallace, Bertie Oliver,
John Lucas, Edmund Simon, Anthony
Jarvis, Rosaline Morgan, Ickford
Winter (2), Eric Joseph.
CECIL O. BYRON,
Acting Provost Marshal.
22 December, 1955. ] THE LEEWARD ISLANDS GAZETTE. 221
TRADE MARKS OFFICE,
Antigua, 9th December, 1955.
PHILIP MORRIS INCORPORATED, of 100 Park Avenue, New York, State of New
York, U.S.A. have applied for Registration of one Trade Mark consisting of the followine:—
Cigaretiecs
PHILIP MORRIS Inc NEW YORK
in Class 45 that is to say: Cigarettes
The Applicants claim that they have used the said Trade Mark in respect of the said goods
for one month before the date of their said Application.
Any person may within three months from the date of the first appearance of this Advertise-
ment in the Leeward Islands Gazette, give notice in duplicate ut the Trade Marks Office, Antigua, of
opposition to registration of the said Trade Mark,
CECIL O. BYRON,
Acting Registrar of Trade Marks.
INVALIDATION OF LEEWARD ISLANDS STAMPS.
It is hereby notified for general information that, in accordance with the provisions of the Stamps (Invalida-
tion) (No. 2) Order, 1955, (General Government 8.R. & O. No. 36 of 1955), all federal issues of Leeward Islands
Stamps. as set out below, will no longer be used for the payment of postage or stamp duties after the 30th June, 1956,
in view ot the defederation of the Leeward Islands Colony with effect from the Ist July, 1956:—
Order in Council authorising issue. Value of Stamps to be invalidated
9th January, 1922 as hd., 1ld., 2d., 2hd., 3d., 6d., 1-, 2/6, 5/-.
17th May, 1926 — 2/6, 3]-, 4/-.
No. 15 of 1928, as amended by No. 16 of 1937— All values
No. 31 of 1938 oo ida., 6d., If-, 2)-, 5/-.
Nos. 1 and 6 of 1951 (University College = 3c., 12¢.
of the West Indies)
No. 3 of 1954 — All values.
2. Provision has, however, been made in the above-mentioned Invalidation Order for a period of grace of
thres months thereafter, that is on or before the 30th September, 1956, within which holders of Leeward Islands
Stamps invalidated by the Order may effect their exchange at any Post Office in the Presidencies of Antigua, St. Kitts-
Nevis-Anguilla, Montserrat and the British Virgin Islands for a stamp or stamps of equal value authorised for use in
those Presidencies.
Secretariat,
Leeward Islands,
Antigua.
10th December, 1955.
222 THE LEEWARD ISLANDS GAZETTE. [22 December, 1955.
ANTIGUA
IN THE WEST INDIAN COURT OF APPEAL
ON APPEAL FROM THE SUPREME COURT OF THE WINDWARD ISLANDS
AND LEEWARD ISLANDS.
Betiween:
MavuRIcE JEROME MICHAEL
doing business as Mrssrs.
Anxtuony Micuaer & Sons
Plaintitj- Appellant
and
AnNTIGUA DISTILLERY LIMITED,
A DOMESTIC CORPORATION HAVING
ITS PRINCIPAL OFFICE IN THE
City or Saint Joun, ANTIGUA.
Dejfendants- Respondents
19538. No. 1—-ANTIGUA
Before:—
Maruizu Prrez, C.J., Trinidad and Tobayo
CottymorE, «© C.J., Barbados
JACKSON, C.J., Windward Islands and Leeward Islands
1955. December 7, 12.
S. T. Curistian fur the appellant
J. Rowan Henry for the respondents
JUDGMENT.
The appellant is a merchant trading in the naine of Anthony Michael & Sons and the respondent
Company are manufacturers of rum and have for some time been selling that commodity over proof to
the appellant to be retailed after being mixed and cured.
On the 27th March 1951 the appellant’s agent bought from the respondents two casks of
white rum containing 108.52 proof gallons at a price of $175.63 and paid excise duty thereon in the
sum of $208.35. This ram was mixed and placed in the appellant’s vats under the skilled supervision
of his agents, there to remain for some time prior to bottling. Two days after the sale us a result of
information received the appellant’s agent took a sample of this rum and on testing it found that it con-
tained diesel oil and was unfit for human consumption.
On the 29th March, 1951, the respondents’ secretary on receiving a complaint from the
appellant’s agent went to the uppellant’s premises; he offered to take back the rum, give a cheque for its
price inclusive of the duty paid; he was told to return the next day; on that day the 30th March, 1951,
at an interview between the appellant’s solicitor, appellant’s agent and the respondents’ secretary, it was
claimed that the rum had contaminated the vats; later that day the respondents wrote to the appellant
offering to replace the rum in the same proof gallonage duty paid and to pay reasonable costs for cleaning
and recharring the vats or to give him a cheque for $381.98, the cost of the rum and duty and to pay a
reasonable price for the vats, subject to his handing them over to the respondents and in any case requir-
ing the delivery to them of the contaminated ram. This offer was declined.
The relationship between the parties at this time and for some time prior thereto was strained
owing as it appeared to the learned Judge “ to a previous campaign by the plaintiff (appellant) to put an
imported rum on the local market.’ Further the appellant seems to have suspected that it was not by
mere chance that he and one other merchant, who were not shareholders in the respondent Company, were
the sole dealers in liquor supplied with this contarainated rum. This suspicion was found to be unjustified.
Several letters followed and protracted negotiations ensued without any agreement being reached
as to the amount, of the respondents’ ability. On the 27th June 1951 the appellant filed a writ claiming
damages for breach of contract, including costs of replacement of two vats contaminated $300 and a
further $300 for loss and use of the said vats until replaced. The respondents in their defence admitted
liability in the following terms:— “to the extent of $432.62 being the cost rum duty paid, the cost
of bitters, the porterage charges and the time lost for such cleansing (3 days) plus one week’s compensa-
tion and will cleanse and transport the vats at their own expense.†This amount $482.62 was paid into
Court on 14th August 1951.
The case was heard on the 15th and 16th of June 1953 and judgment given on the Lst October
in that year. At that time the contaminated rum was still in the vats and it was admitted that the longer
the rum remained therein the greater would be the damage. The learned Judge gave judgment in the
22 December, 1955. ] THE LEEWARD ISLANDS GAZETTE. 223
sum of $300 without stating the method of computation. He however indicated that he had taken all
things into consideration save that “this does not take into account any refund by Government of the
excise duty paid on the contaminated rum still in the plaintiff’s possession. If such duty or any portion
of it is recoverable at this late date, it will be for the plaintiff’s benefit. The defendant must pay one
half of the plaintiff's costs in these proceedings â€â€™.
The following are the grounds of appeal:—
1. The learned Judge misdirected himself on the question of damages by awarding a lump
sum of $300.00 notwithstanding that by its defence the defendant-respondent admitted a liability to the
plaintiff-appellant in a sum of $432.62 and had deposited said sum into Court. Said lump sum of
$300.00 does not detail what items of damage are therein included.
2. The learned judge misdirected himself by omitting to award to the plaintiff-appellant a
sum of $208.35 paid by the plaintiff-appellant as excise tax on the rum purchased by him and this
notwithstanding that its liability for the said sum of $208.35 was admitted by the defendant-respondent
in the defence.
3. That the learned judge erred in admitting the report of Mr. Warren the Chemist except for
the purpose of identification and not for the purpose of admission of its contents as binding as to the
opinions therein stated without giving the plaintiff-appellant’s Solicitor the opportunity of cross-examining
Mr. Warren.
4, That the learned judge was wrong in law in exercising his discretion as to costs by
awarding to the plaintiff-appellant only one-half of his taxed costs.
5. That the judgment of the learned judge was wrong and ought to be modified as herein
requested and if this Court shall decide to modify said judgment it permit the evidence of experts to be
adduced by both parties in coming to its decision or in the alternative that a new trial be ordered with
costs of this appeal to be paid to the plaintiff-appellant. _
On behalf of the appellant the argument before us was confined to the quantum of damages and
the costs, the other points raised in the grounds of appeal being abandoned.
Where a wrongful act has been followed by damage which is the direct consequence of the
wrong the extent of the damage can often be considerably lessened by well advised action, It is settled
law that the plaintiff is under a duty to take all reasonable steps to mitigate loss consequent on the
defendant’s wrongdving and he cannot recover compensation for any part of the damage which is due to
his neglect to take such steps.
It is manifest that these principles were well in the mind of the Judge in his consideration of
the quantum of damages, but it is beyond dispute that he excluded from his assessment the sum of
$208.85 the amount of duty paid by the appellant. Before us counsel for the appellant made no
complaint as to the assessment of $300.00, the burden of his contention being that there should have
been an additional award of the $208.35 paid as excise duty irrespective of whether it is or is not now
recoverable. There is no evidence whatever to show that the sum was or is now recoverable, but if it
be, it will enure for the respondents’ benefit. We are therefore of opinion that this sum should have
‘been included in the damages awarded.
The appeal succeeds and the judgment varied. There will be judgment for the appellant in the
sum of $508.35, and in the circumstances the appellant is entitled to his costs here and in the Court
‘below.
J. Marnizu PEREZ,
Chief Justice, Trinidad & Tobago.
E. A. CoLtityMoreE,
Chief Justice, Barbados.
DonaLp JACKSON,
Chief Justice, Windward Is!ands
and Leeward Islands.
412th December, 1935.
224, THE LEEWARD ISLANDS GAZETTE. [22 December, 1955.
ANTIGUA.
Control of Imports and Exports
Notice No. 4 of 1955
TENDER FOR FLOUR
Tenders are invited for the supply of 5,000 half bags of 100 lb each “EE†grade flour from
Local Commission Agents of Canadian Flour Mills. Quotations should be C.I.F. Antigua and should
include agents’ commission,
2. The “EK†grade flour must be milled solely from Canadian Hard Spring Wheat not lower:
in grade than No. 3 northern and must be of the following minimum standard:—
Maximui moisture a 14.00%
Maximum ash ae 52%
Minimum protein nee 12.00%
All flour to be enriched in accordance with the following :—
Minimum. Maximum.
Thiamine 2.0 2.5 milligrams for «ch Ib. flour
Riboflavine 1.2 1.5 » 7 2
Niacine 16.0 20.0 †3 »
Tron 13.0 16.5 †7
With Calcium Car-
bonate 500 600 7 †â€
The name of the miller, analysis of the flour, the enrichment standard and brand name should’
be stated in the tender. Chemist’s certificate showing analysis of the flour, enrichment standard and
duly notarised must accompany documents. The Supply Officer, however, exercises the right to arrange
for samples to be drawn and analysed on his behalf.
Shipping documents must include date of shipment of all flour and must indicate that it is en-
riched and “ Vitamin Enriched Flour†must be indicated on each bag.
3. Flour to be loaded at Montreal, Halifax or St. John and shipped to arrive in Antigua
during the month of February, 1956.
4, Tenders should bein sealed envelopes marked “ Tenders for flour†and should be addressed
to His Honour the Administrator and should reach the Administrator’s Office not later than 12.00
noon on 3let December, 1955.
5. Government does not bind itself to accept the lowest or any tender.
Administrator's Office,
Antigua, B.W.T.,
16th December, 1955.
Ref. No. A. 40/18,
‘22 December, 1955. ] THE LEEWARD ISLANDS GAZETTR. 235
CONTROL OF IMPORT AND EXPORTS.
Notice No. 6 of 1955.
IMPORTS IN 1956 UNDER 1955 LICENCES.
Importers are hereby notified that no further licences will be issued for the importation of
goods for 1955, except in special circumstances.
All goods subject to import quotas which arrive in the Colony after 3st December, 1955, or
which are paid for after that date, will count against quotas for 1956, although such goods may have
been ordered against 1955 quotas. Importers are therefore advised to reserve a sufficient portion of
their 1956 quotas to cover expected arrivals in 1956 under 1985 licences.
To ensure continuity of supplies, steps ure being taken to issue quotas for 1956 immediately,
and importers may submit applications for importation in 1956.
Import licences against 1955 Token Import Scheme quotas will be granted up to the 81st
December, 1955; these licences will be valid for goods arriving in the Colony not later than 31st March,
1956.
C. McA. STEVENS,
Collector of Customs and Supply Officer.
CONTROL OF IMPORTS AND EXPORTS.
Notice No. 7 of 1955.
IMPORT QUOTA ALLOCATIONS.
Importers are requested to submit applications for 1956 quota allocations under the following
heads not later than the 29th December, 1955.
(a) Cotton Textiles from U.S.A. or Canada.
(6) U.S. Token Scheme.
(c) Japanese Textiles.
C. McA. STEvENs,
Collector of Customs and Supply Officer.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E, M, BLACKMAN,
: Government Printer—By Authority,
1955,
[Price 34 cents.]
No, 13 of 1955, Vehicles and Roal Traffic ANTIGUA,
(Amendment).
[L.S.]
1 ASSENT,
Kk. W. BLackBuURNE,
Governor.
9th December, 1955.
' ANTIGUA.
es No. 13 of 1955.
An Ordinance to. amend further the Vehicles and
Road Traffic Ordinance, 1946.
ENACTED by the Legislature of Antigua
as follows:—
1. This Ordinance may be cited as the Short title.
Vehicles and Road Traffic (Amendment) Ordi-
nance, 1955 and shall be read as one with the
Vehicles and Road Traffic Ordinance, 1946 5/1946.
as amended, hereinafter called the Principal erase
Ordinance.
2. The long title to the Principal Ordinance Asusuinent ot
: , ro : , _ long title to
is hereby amended by the insertion of the words principal
“restricting the importation of certain types of Ordinance.
motor vehicles,†between the words “for†and
“the†in the second line thereof.
3. The following section is hereby substi- Section 3 of
tuted for section 8 of the Principal Ordinance— a.
A 2%8. 1047 nae
ANTIGUA. 2 - Vehicles 1nd Road Traffic = No. 13 of 1955
(Amendment).
Eransport 3. (1) There shal) be established a
Board. : _
body called the Antigua Transport Board
(hereinafter referred to as the Board)
consisting of the ‘Traffic Commissioner as
Chairman and four other members to be
appointed by the Administrator.
(2) The Administrator may appoint any
person to act. in the place of the Chairman
or any other member of the Board in the
cuse of his absence or inability to act as such
Chairman or other member.
(8) The Board may act by any three of
its members, and may so act notwithstanding
any vacancy in the number of members
constituting the Board.
(4) The Board shall have power to
regulate its own procedure.
(5) The Board shull act in an advisory
capacity and shall advise the Administrator
on all matters appertaining to road transport
and traffic and in particular as to the
following matters:
(a) transport, rates, fares,
tolls, dues or other charges;
(6) licence duties and fees in
respect of motor and other vehicles;
(c) the regulation and control
of traffic;
(d) any other matter affecting
traffic or transport that the Admin-
istrator may refer to the Board.
(6) The Board shall hear and determine
any appeal submitted by an aggrieved party
against any order or decision of the Traffic
Commissioner, the Licensing Officer or an
Examining Officer and the decision of the
Board thereon shall be conclusive:
ae
No», 13 of 1955. Vehicles and Roa! Traffie 3
(Amendment).
Provided that on the hearing of any such
appeal the Traffic Commissioner shall not act
as Chairman or as a member of the Bourd.
(7) The Board shall perform such
other duties as are assigned to it by this
Ordinance and the regulations made there-
under or by an order of the Governor in
Council.
4. The heading to Part IT of the Principal
Ordinance is hereby amended bv the insertion of
the words “CONTROL OF IMPORTATION â€
before the word “REGISTRATION.â€
5. The following new section shall be
inserted in Part JI of the Principal Ordinance
immediately after the heading thereof:—
“74. (1) No motor vehicle or trailer
all the wheels of which are not fitted with
pneumatic tyres, shall be used upon any
road.
(2) No motor vehicle or trailer which
exceeds @ maximum gross weight of five
tons shall be imported for use upon any
route or road:
Provided that in the case of motor
vehicles, the Transport Board may, subject
to any regulations made under paragraph
(w) of section 77 of this Ordinance, grant
licences for the importation of any motor
vehicle in excess of the maximum gross
weight of five tons but not exceeding a
.' maximum gross weight of nine tons for
the operation of such motor vehicle on any
such route or road as the Transport Board
may approve.â€
6. The following paragraph 1s hereby
substituted for paragraph (d) of subsection (2)
of section 11 of the Principal Ordinance-—-
ANTIGUA.
Amendment
to heading of
Part II of
the Principal
Ordinance.
Addition of
new section to
Part II of
the Principal
Ordinance.
Reatrictions
on use and
importation of
certain motor
vehicles.
Amendment to
section 11 of
the Principal
Ordinance.
ANTIGUA, 4 Vehicles and Road Traffic No. 13 of 1955.
(Amendment).
“(d) which is the property of a Consular
Officer or employee of the United States
Consulate in the Presidency, who is
(i) not a British subject
(ii) not engaged in private occupa-
tion for gain in the Presidency,
and
(iii) a permanent employee of the
United States Consulate in
the Presidency or, if not a
permanent employee thereof
was not resident in the Presi-
dency at the commencement of
his employment in the Consulate
of the United States of America
and which is used by him for his
official or personal duties. â€
Amendment of . Section 14 of the Principal Ordinance is
: I
section 14 of ~— hereby amended as follows:—
the Principal
Ordinance.
(a) by the deletion of subsection (1)
and the marginal note thereto;
(6) by the substitution of the words
“ Subject to the provisions of subsection (2)
of section 7A of this Ordinance the†for
the word “The†at the commencement of
subsection (2) and by inserting the following
marginal note to the said subsection: “ Special
permits. â€;
(c) by substituting the bracketed figures
“(1)†and “(2)†for the bracketed figures
“(2)†and “(3)†in subsection (5) thereof; and
d) by the renumbering of subsections
(2), (3), (4) and (5) thereof as subsections
(1), (2), (8) and (4) respectively.
Amendment to 8. Section 36 of the Principal Ordinance is
section 36 of hereby amended by the deletion of the words
e Prinoipa: ; . : : ;
Ordinance “and section 334.†in the fifth line thereof.
No. 13 of 1955. Vehicles and Road Traffic
(Amendment).
ANTIGUA.
DI
9. The following section is hereby. substi- Section 50 of
tuted for section 50 of the Principal Ordinance— {te Principal
repealed and
replaced.
“50, (1) No person shall drive a motor Speed.
vehicle of such cliss or description as is
specified in the Second Schedule to this Ordi-
nance ata speed greater than the speed therein
specified as the maximum speed at which a
vehicle of that class or description may be
driven on a road or any portion thereof within
the limits of the City of Saint John or which
ix declared to be within a speed limit area in
the manner hereinafter provided or otherwise
than as specified in the said Schedule.
Any person who acts in contravention of
the provisions of this subsection shall be
guilty of an offence.
(2) A person charged under this section
with the offence of driving a motor vehicle of
such class or deseription on a road at a speed
greater than the maximum speed allowed in
the case of a vehicle of that class or description
travelling on # road as defined in subsection
(1) shall not be liable to be convicted of the
offence solely on the evidence of one witness
to the effect that in the opinion of the witness
the person charged was driving the vehicle at
such greater speed.
(3) Any person being the owner of a
motor vehicle, who ids, abets, counsels or
procures any person who is employed by him
to drive such motor vehicle on such a road to
commit an offence under this section shall be
guilty of an offence.
(4) The Traffic Commissioner may, ‘by
order tinder his hand, prohibit the driving of
motor vehicles over any bridge at a speed
greater than that specified by him in such
order. Any such or AG shall be published in
the Gucett?, and the limit of speed to be
observed shall be indicated on notice bourds to
be fixed at such bridge.
Antigua.
6
Vehicles snd Road Traffic No. 13 of 1955
(Amendment).
(5) ‘Phe Traffic Commissioner may by
order published in the Gagelfe and in a
newspaper published in the Presidency probi-
bit the driving of motor vehicles generally or
of a particular class of motor vehicle above a
specified speed over any specified road or
portion of a specified road for a specified time:
Provided that so long as such prohibition
remains in force the Traffic Commissioner
shall erect and maintain traflic signs which
shall state the substance of the order published
in the Gazette and which shall be placed in
such position as shall give adequate notice
thereof to drivers of vehicles.
(6) The Governor in Couneil may by
order published in the (uceéfe and in one or
more newspapers circulating in the Presidency,
declare any road or portion thereof to be
within « speed limit are:
Provided that an order under this sub-
section shall be of no effect unless and until it
has been approved by the Legislative Council;
Provided further that as soon as practi-
cable after the coming into cffect of such
order the Traffic Commissioner shall erect or
cause to be erected, both at the commencement
and at the termination of such area, traffic
signs indicating the limits of such area and the
maximum speed fixed in relation thereto,
(7) Any person who
(a) drives « motor vehicle on a road
at a speed exceeding 2 speed limit
imposed by or under this section; or
(6) 33 guilty of an offence under
subsection (3) of this section,
shall be lable on suuimary conviction to a
penalty not exceeding one hundred and twenty
dollars or to imprisonment with or without
hard labour for a term not exceeding four
months and in addition in the case of «a second
No. 13 of 1955. Vehicles and Road Traffic 7
(Amendment),
or subsequent conviction to be disqualitied for
holding or obtaining a driver’s licence for such
period as the Court shall think fit.â€
10. Section 75 of the Principal Ordinance is
hereby amended as follows:
(a) by the substitution of the following
for subsection (1)—
‘““(1) Subject to the provisions of
subsection (6) of section 50 of this
Ordinance the Traffic Commissioner may
cause or permit traffic signs to be placed
on or near any road and may authorise
the retention of any traffic signs erected
prior to the passing of the Vehicles and
Road Traffic (Amendment) Ordinance
1954.â€
(6) by the substitution of the following
for subsection (7)—
(7) Subject to the provisions of
subsection (6) of section 50 of — this
Ordinance, that area or road or portion
of wu road to which a traffic sign applies
shall be deemed to be determined for the
purpose of this Ordinance when the
indication given by the sign is sufficiently
clear from the sign itself as being in a
forin commonly understood by drivers or
others to whom it is directed or when the
indication of the portion of the road to
which the traffic sign is to apply is given
by the erection of signs at each end of
tht, portion of the road:
Provided that in the case of any
sign prohibiting the passage of vehicles
ou any road, signs shall be erected at
ench end of the road or portion of the
road to which the prohibition is to apply
and at such other points as the Traffic
Commissioner may determine.â€
ANTIGUA.
Amendment to
section 75 of
the Principal
Ordinance,
Antigua, 8 Vehicles tid Road Traffic No. 18 of 1955
(Amendment).
(¢) by the deletion of subsection (4) and
the renumbering of subsections (5) (6) (7)
6
(8) (9) and (10) as (4) (5) (6) (7) (8) and
(9) respectively.
Amendment to 11. Paragraph (1) of section 77 «of the
section 77 of Ae wi oe.
the Principal Principal Ordinance is amended as follows:—
Ordinance,
(a) by the relettering of sub-paragraph
(w) thereof as sub-paragraph (#); and
(5) by the insertion of the following
sub-paragraph immediately after sub-paragraph
(v) thereof as sub-paragraph (w):—
“(w) the restriction on the importa-
tion of motor vehicles,â€â€™ 2
Amendment to 12. Subsection (3) of section 77A of the |
section 77A of eee e : .
the Principal Principal Ordinance is hereby amended by the
Ordinance. deletion of the words “any part of†appearing
therein.
Amendment of 13. ‘The Vehicles and Road Traffic (Amend-
eae ment) Ordinance, 1954 is hereby amended by the
1954, deletion of the bracketed figure “(11)†and the
substitution therefor of the figure “‘11†as the
number of section 11 of that Ordinance (which
provides for the insertion of section 77A of the
Principal Ordinance).
Avec Lovetace,
President.
Passed the Legislative Council the 17th day
of October, 1955.
F. A. CrarKe,
Acting Clerk of the Council.
ANTIQUA. :
Printed at the Government Printing Office, Leeward Islands,
by E, M. Buackman, Government Printer.—By Authority.
19565,
A 78/24—525—12,55, [Price 12 cents.)
No, 6 of 1955. Cotlon Marketing. MONTSERRAT,
[L.s.]
T Assen'r,
IK. W. BrackBurNeE,
Governor.
14th December, 1955,
. MONTSERRAT.
No. 6 of 1955.
An Ordinance to create a body corporate to market
cotton and to regulate and control the export
thereof.
ENACTED by the Legislature of Montserrat.
1. This Ordinance may be cited as the Cotton Short title.
Marketing Ordinance, 1955.
2. In this Ordinance, unless the context Interpretation.
otherwise requires—
“ Acsociationâ€â€™ means the Montserrat Cotton
Growers Association incorporated under
the Montserrat’ Gotton Growers Associa-
tion Ordinanee, 1936;
“ Board†means the Cotton Marketing Board
established under Section 3 of this
Ordinance;
“ Chairman’? means the Chairman of the
Board ;
“cotton ’’ means cotton lint;
MONTSERRAT.
Establishment
and constitn-
tion of Board.
Constitution
and proceed-
ings of the
Board.
Proceedings
on default of
Board,
2 Sotton Marketing. No. 6 of 1955.
“member� means a» member of the Board;
“person†includes any body of persons
corporate or unincorporate ;
“ Secretary’? means the Secretary of the
Board.
3. (1) For the purpose of marketing all
cotton produced in Montserrat and for the other
purposes of this Ordinance, there shall be established
a Board which shall be a body corporate by the
name of the Cotton Marketing Board with perpetual
succession and a common seal, which body shall be
entitled to negotiate sales of cotton, to sign
contracts therefor, and to control the export of
cotton for the purposes of this Ordinance.
(2) The common seal of the Board shall not
be affixed to any instrument whatsoever except by~
the authority of a resolution of the board and in
the presence of the Chairman and the Secretary
who shall sign their names to the instrument in
token of their presence.
(3) The seal shall be kept in the custody of
the Secretary or, in his absence from the Presidency,
by the Agricultural Superintendent.
4. The Board shall be constituted and its
proceedings shall be determined in accordance with
the provisions contained in the first Schedule to
this Ordinance.
5. (1) If the Board, in the judgment of the
Governor in Council, makes default in the per-
formance of the duties, by this Ordinance or by
any other law of this Colony, imposed upon it or
exceeds or nbuses its powers, it shall be lawful for
the Governor in Council, by an order, published in
the Gazette, to dissolve the Board.
(2) In case of such dissolution the following
_congsequences shall ensue, namely:—
(a) All members of the Board shall,
from the date of such order, vacate their
offices.
No. 6 of 1955. Cotton Marleting. 3. Montsenrar.
(6) All the powers and duties of the
Board shall until the formation of a new
‘ Board under this Ordinance be exercised by
such person as the Governor may appoint in
that behalf, and any payment made to such
person for his service shall be a charge upon
the funds of the Board hereinafter mentioned.
(c) Any contracts or other obligations
lawfully entered into by the Board before its
dissolution shall be carried out, as far as
possible, by such person aforesaid who shall,
for such purposes, be deemed to be the agent
of the Board.
(d) If such order for dissolution shall be
made the person appointed by the Governor
as aforesaid shall perform the duties of the
Board until a new Board is constituted under
the provisions of this Ordinance, which event
shall take place not later than two months
after the date of the said order.
6. A minute made of proceedings at a Minutes to
meeting of the Board and copies of any ordefs >: cvidenee.
made or resolutions passed at such meeting, if
purporting to be signed by the Chairman of the
meeting at which such preceedings took place or
such orders were made or resolutions passed, or by
a Chairman of the next ensuing meeting, shall be
received as evidence in all legal proceedings; and,
unless the contrary is shown, every meeting where
minutes of the proceedings have been so made
shall be deemed to have been duly convened and
held, and all the proceedings thereat to have been
duly transacted. ,
7. (1) All cotton produced in the Presidency Control of
and intended to be exported therefrom shall be cotton
exported by the Board or such person or persons export.
as may be authorised by them under licence, in the
Form in the Second Schedule hereto.
(2) All licences granted under the preceding
sub-section shall be revocable at the discretion of
the Board.
MonTSERRAT,
Funds of
the Board.
Inspection
and Audit.
Secretary of
the Board to
be appointed.
4 Collon Marketing. No. 6 of 1955.
(3) Any person exporting cotton in contra-
vention of the provisions of this section shall be
liable on summary conviction toa fine not exceeding
two hundred and forty doll: wus, or to imprisonment
for a term not exceeding six months, or to both
such fine and imprisonment.
8. (1) The funds of the Board shall consist
of a yearly contribution by the Association and of
any moneys voted for th: nut purpose and granted to
_the Board by the Levislative Council or by any
body authorized by cee Majesty's Gov ernment in
the United Kingdom to make grants for the
development. of Beitisli eae and all moneys
donated or bequeathed to and all moneys raised by
or payable to the Board under the provisions of
this Ordinance or otherwise.
(2) The Board may, with the consent of the
Governor in Council borrow money for the carrying
out of its purposes and muy charge in any manner
all property of the Board of every nature “and kind
whatsoever and all its funds and all the revenues of
the Board present and future with the repayment
of the money borrowed for such purposex.
9. All books of accounts of the Board and
all moneys, documents and things pertaining to the
Board in the custody of or under the control of the
Board, or of any officer or servant of the Board
shall at all times be subject to inspection and audit
by the Auditor of the Leeward Islands or by any
Clerk of the Audit Department in like manner as
though such books of account, moneys, documents
and things were in the custody or under the control
of a Public Officer in his official capacity.
10. (1) The Board may, with the approval
of the Governor—
(a) appoint a fit and proper person to be
Secretary ;
(6) from time to time fix or alter the
salary to be paid to such officer from the
funds of the Board, and
(¢) suspend or dismiss such officer.
No. 6 of 1955, Cotton Marketing. 5
Provided that notwithstanding the dissolution
or other determination of the Board the Secretary
shall continue to held office until his employment
as such shall be terminated by the Governor.
(2) The Secretary shall be the Chief Executive
Officer of the Board and shall have all such powers
and perform all such duties as are or may be
conferred upou him by this or avy other Ordinance,
or by any regulation or order of the Board. He
shall xttend fhe meetings of the Board and shall
keep the minutes of the proceedings at every
such meeting.
(3) The Sceretary shall be ex-officio Treasurer
of the Board.
(4) In the ease of the illness, or absence of
the Secretary, the Board may, with the consent of
the Governor, ‘ppoint some fit and proper person
to be Assistant Secretary.
(5) The Assistant Secretary shall hold office
during ¢.e pleasure of the Governor and of the
Board.
(6) All things required or authorised by law
or any regulation of order of the Board to be done
by the Secretary may be done by the Assistant
Secretary.
(7) An Assistant Secretary, while acting for a
Seeretary, may receive remuneration to be paid
from the funds of the Board as the Board may
determine.
li. (1) The Board may from time to time
AY POLT each) otuer officers and servants a6 May be
required for the efficient administration of the
affairs of the Board.
(2) Evers such officer or servant shall hold
office during the pleasure of the Board.
(3) “ory such officer or servant shall receive
euch remoneration and shall perform such duties
as may, from time to time be assigned to him by
the Board.
MONTSHRRAT.
Appointment
of subordinate
officers and
servants,
MONTSERRAT.
Officers and
servants may
be required
to ‘furnish
security.
Officers and
servants to
account,
6° Cotton Marketing. No. 6 of 1955.
12. (1) The Board may require any, officer
or servant appointed hereunder to give such
security as may be thought proper for the une and
faithful performance of the duties of bis office, and
for the due accounting for, paying over, * and
delivering all moneys, woods and chattels ‘which
may come into his hands in virtue of such office.
(2) No officer or servant of the Board shall
be entitled to more than a month’s notice of the
termination of his employment, and the Board
shall have no power to make any agreement for
service involving any longer period of such notice
or any claim for pension or compassionate allowance
unless authorised by the Governor with the
approval of the Legislative Council, to make such
agreement.
°
(3) If the Secretary or any other officer or
any servant appointed by the Bourd shall, directly
or indirectly, have any pecuniaty interest in any
agreement or contract which shall be entered into
by the Board, or any matter affecting the Board,
the Secretary, officer or servant shall report the
circumstances of such interest to the Board through
the Secretary as soon as prac:icable after he
becomes uware of his having such interest; and in
default of his so reporting, he shall be hable to
summary dismissal from the service of the Board.
18. (1) Every officer or servant appointed
by the Board shall give, at such umes during the
continuance of his office or within ten days after
ceasing to hold it, and in such manner as the Board
may direct, a true account in writing of all matters
comnitted.to his charge and of his receipts and
payments with vouchers therefor.
(2) Every such officer or servant shall pay all
moneys due from him to the Secretary or as the
Board may otherwise direct.
(3) If any such officer or servant-—
(a) refuses or neglects to deliver any
account which he ought to deliver or any
voucher relating thereto, or to make any
payment which he ought to m: uke; or
No. 6 of 1955. | Cotton Marketing. 7
(6) after three days’ notice in writing
signed by the Chairman and given to him
refuses or neglects to deliver to the Secretary,
anything whatsoever which he ought to
deliver or in respect of which he ought to give
satisfaction to the Secretary or to the Board,
as the case may be, a Magistrate may, on the
complaint of the Secretary, by summary order
require the said officer or servant to make
such delivery or payments or to give such
satisfaction.
(4) Any such officer or servant who fails to
comply with the order of the Magistrate shall be
guilty of an offence against this Ordinance.
(5) Nothing in this section shull affect any
remedy by civil action against any officer or
servant but so that an officer or servant shall not
be liable to he procceded against both summarily
and by civil action for the same cause.
(6) In paragraph (6) of section (3) of this
section the reference to the giving of a notice shall
be construed as including the leaving of such
notice at the usual or last known place of abode of
the officer or servant to whom such notice is to be
given and the reference to the Secretary shall be
construed as including any other person whom the
Board may direct for the purpose of receiving the
delivery or payment or the satisfaction mentioned
in the said paragraph. :
14. (1) Subject to the provisions of the
succeeding sub-xections of this section, the Board
may mike regulations with respect to all or any of
the following matters, that 1s to say:—
(a) the handling and export of cotton
by the Board and the marketing of the same;
(b) the manner in which the accounts of
the Board shall be kept;
(c) the finances of the Board and the
time at and the terms under which payments
to suppliers of cotton and other persons shall
be made;
MONTSERRAT.
Regulations.
MontTsrrpat.
Penalty for
offences.
8 Cotion Marketing. No. 6 of 1955.
(d) for regulating une controlling every
matter within the seape of the Board’s
operations whether the same shall be of the
same kind as any of the matters hereinbefore
particularly mentioned or otherwise.
2) No regulation shall be made, or, when
made, shall be altered or revoked, unless special
notice of such intended making, alteration, or
revocation has been given at a meeting of the
Board held at least seven days before that at which
such making, alteration, or revocation, is proposed,
and unless special notice in writing thereof has also
been given to the members at least three days
before such latter meeting.
(3) All regulations made by the Board under
this Ordinance shall be submitted for confirmation
of any regulation and thereupon such regulation
shall cease to have force and cffect. Every such
revocation shall be published in the G'acette.
15. (1) Any person who is guilty of an
offence against this Ordinance for which no special
penalty is provided by this Ordinance shall be
liable on summury conviction to a fine not exceed-
ing fifty dollars or to imprisonment. for a term not
exceeding three months or to both such fine and
such imprisonment,
(2) Where an offence against this Ordinance
or any regulations made thereunder committed by
acompany or other body of persous is proved to
have been committed with the consent or con-
nivance of, or to have been facilitated by any
neglect on the part of, any director, president,
chairman, manager, secretary or other officer of the
company or other body of persons, he as well as
the company or body of persons shall be deemed to
be guilty Of the offence ee shall be liable to be
proceeded against and punished accordingly.
(3) Every proceeding instituted in accordance
with the provisions of this section shall be taken in
the name and at the instance of the Secretary or in
the name and at the instance of the Gazetted
Police Officer in charge of the Police Division in
the Presidency.
No. 6 of 1955. Cotton Marketing. 9 MoNTSsERRAT.
16. This Ordinance shall come Into operation Commence.
on a day to be appointed by the Governor by ™™*
Proclamation published in the Gazette.
CHARLESWworRTH Ross,
President.
Passed the Legislative Council this 6th day of
September, 1955.
Jas. H. Carrort,
Clerk of the Council.
FIRST SCHEDULE.
(1) The Board shall consist, of—
() five members of the Committee of Management
of the Association (hereinafter exlled the “ Cotton Growers
representatives.â€).
(6) one member who shall be one of the elected
meinbers of the Legislative Council serving on the
Executive Council of the Presidency and exercising the
functions of Member for Trade and Production (herein-
after called the ‘‘ Member for Trade and Production "ys
Provided that where, for any reason, a vacancy exists
in respect of the seat of such member, the Governor may
appoint a person, not being an officer in the public service,
to be a member of the Board until such time as the
aforesaid vacancy shall cease to exist; and
(c) one member appointed by the Governor who
shall be an officer in the public service.
(2) Within twenty-one days after the coming into force of
this Ordinance and thereafter within fourteen days before the
expiration of the term of office of the Cotton Growers’
representatives, the Cotton ‘srowers’ representatives shall be
elected by secret ballot of the members of the Association and
shall serve for a term of office of the members of the Board.
(3) Every member shall, unless elected or appointed for a
shorter term, hold his seat on the Board for a term of
three years.
MONTSERRAT. 1() Colton Marketing. No. 6 of 1955,
(4) If by reason of the dissolution of the Legislative
Council, or for any other cause, the member serving on the
Board by reason of his office us Member for Trade and
Production, ceases to hold such a he shall not on that
account vacate his seat usa member the Board until such
time as his successor in the office «: ae for Trade and
Production shall be appointed.
(5) Any member of the Board who—
(a) not being an officer in the public service, by
writing addressed to the Governor, resigns from the
Board; or
(6) departs from the Presidency without leave of the
Commissioner ; or
(c) remains out of the Presidency after the expiration
of his leave without reasonable excuse; or
(a) fails without reasonable excuse -to attend four
meetings of the Board
shall cease to be a member of the Board.
(6) The appointment of any member of the Board
- appointed by the Governor may be revoked by the Governor.
(7) The Chairman shall be such member as shall be
elected by a majority of votes of the members at the first
meeting of the Board after its establishment and shall remain
in office until the appointinent of his successor unless he has
previously resigned his office or become disqualified for
membership of the Board.
(8) If the Chairman, from any cause whatsoever, ceases to
be Chairman during the period fer which he has bean elected,
the Board shall proceed to elect another member to be
Chairman and such other Chairmin, when elected, shall hold
office for the remainder of the time for which his predecessor
would have held office if he had not ceased to be Chairman.
(9) A retiring Chairman shall be eligible for re-election,
(10) The Chairman shall preside at every meeting of the-
Board and shall have such powers and perform such other
duties as may be from time to time assigned to him by
the rules.
No. 6 of 1955. Cotton Markcting. 11 Montsurrar.
(11) The Chairman shall not have an original vote but in
case of an equal division of votes on any question before the
Board he shall have a casting vote.
(12) The Board may from time to time, appoint any
member thereof to act as Deputy-Chairman during the illness .
or absence of the Chairman or during any temporary vacancy
in the office of Chairman. A Deputy-Cheirman shall, while
acting as such have all the powers and perform all the duties
of the Chairman.
(18) Subject to the provisions of paragraph 11 of this
Schedule every question before the Board shall be decided by a
majority of the votes of members present and voting. Every
member shall have one vote.
(14) The Board may make rules relating -to all or any of
the following matters:—
(a) the time and place of the meeting of the Board;
(6) the mode of convening the members of the
Board;
(c) the attendance of members;
(d) the form and order of the debates of the Board;
(e) the powers and duties of the officers and servants
of the Board; and
(7) the general regulation of the proceedings
(including the quorum) of the Board and the mode of
conducting the business of the Board.
SECOND SCHEDULE.
Licence is hereby granted
(name of seller)
of to sell
(address)
pounds of cotton to
(purchaser) .
Dated this day of lo
(Signature of Officer issuing licences)
ANTIGUA.
Printed at the Government Printing Otlice, Leeward Islands,
by E. M. Brackman, Government Printor.—By Authority.
: 1955.
47/00363—500—12.55. Price 13 cents.
No. of 1956, Interpretation and General
Clauses (Amendment).
LEEKWARD ISLANDS.
No. of 1956.
An Act to amend the Interpretation and General
Clauses Act, 1955.
ENACTED by the Legislature of the
Leeward Islands.
1. This Act may be cited as the Interpre-
tation and General Clauses (Amendment) Act,
1956, and shall be read as one with the
Interpretation and General Clauses Act, 1955.
2. Section 2 of the Principal Act is hereby
amended by the substitution of the following for
the definition of “ British possession â€â€”
‘““ “British possession†means any part of
Her Majesty’s dominions other than
the United Kingdom, and ‘shall be
deemed to include India, South West
Africa; any territory under Her Maj-
esty’s protection, or any territory
administered by the Government of any
part of Her Majesty’s dominions under
the trusteeship system of the United
x Nations; â€â€™,
LEEWARD
IsLANDS,
Short title.
12/1955.
Amendment of
section 2 of
the Principal
Act.
Lezewarp 2 Interpretation and General No. of 1956.
IsLaANDS. Clauses (Amendment).
Amendment of 8. Section 47 of the Principal Act is
tho Princieal hereby amended by the substitution of the word
Act. “rights� for the word+-“ right†appearing in the
second line of the section.
President.
Passed the General Legislative Council this
day of 1956.
Clerk of the Council.
OBJECTS AND REASONS.
The object of this Bill is-as a result of a
suggestion of the Secretary of State to replace
the definition of “ British possession†in section
2 of the Principal Act by a more suitable
definition,
2. The opportunity is also taken to correct
a typographical error in section 47 of the Act.
Ranpatt H. Lockuart,
Acting Attorney General.
16th September, 1955.
ANTIQUA,
Printed at the Government Printing Office, Leeward Islands,
by R. M. Buaoxman, Government Printer.—By Authority.
1956.
47/00202—352—12.55. (Price 4 cents}
_ No. of 1956. Larceny (Amendment). ee
LEEWARD ISLANDS. :
No. of 1956.
An Act to amend further the Larceny Act.
ENACTED by the Legislature of the
Leeward Islands.
1. This Act may be cited as the Larceny short title.
(Amendment) Act, 1956, and shall be read as
one with the Larceny Act, as amended, herein-
after called the Principal Act. Cap. 38.
2. Section 105 of the Principal Act is Repeal.
hereby repealed,
Fresident.
Passed the General Legislative Council this
day of 1956.
Clerk of the Council.
Laewarp = 2 Larceny (Amendment). No. of 1956.
ISLANDS.
OBJECTS AND REASONS.
The object of this Bill is to repeal section 105
of the Larceny Act (Cap. 38) which contains
provisions regulating dealings in the purchase of
old marine stores of any description.
2. The regulation of the purchase, sale
tnd export of old metal and marine stores is the
subject of Presidential legislation already. enacted
or shortly to be introduced, and as this Presi-
dential legislation is more comprehensive and
modern in form than the federal enactment
which dates back to 1878 it is thought desirable
to repeal section 105 of the federal Act to obviate
the danger that any of the Presidential Ordinances
may be repugnant to the provisions of the
federal legislation.
Ranpatt H. Locxnart,
Acting Attorney General.
19th October, 1955. *
ANTIGT A.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.—By Authority.
1955.
47/00015—352—12,55 [ Price 4 cents. ]
No. of 1956. Transfer of Sombrero.
LEEWARD ISLANDS.
No. of 1956.
An Act to provide that the [sland of Sombrero
shall cease to form part of the Presidency of
the Virgin Islands and shall be included in
and form part of the Presidency of Saint
Christopher Nevis and Anguilla.
ENACTED by the Legislature of the Lee-
ward Islands.
1. This Act may be cited as the Transfer of
Sombrero Act, 1956.
2. From and after the coming into operation
of this Act the Island of Sombrero shall cease to
form part of the Presidency of the Virgin Islands
and -shall be included in and form part of the
Presidency of Saint Christopher Nevis and An-
guilla.
3. The Sombrero Act is hereby repealed.
LREWARD
IsLANDs,
Short title.
Transfer of
Sombrero
from the
Presidency of
the Virgin
Islands to the
Presidency
of Saint
Christopher
Nevis and
Anguilla.
Repeal.
Cap. 81.
LeewarD 9
Transfer of Sombrero. No. of 1956.
IsLaNps.
Commence-
4. This Act shall come into operation on a
ment.
day to be appointed by the Governor by proclama-
tion published in the Gazetée.
President.
Passed by the General Legislative Council this
day of 1956.
Clerk of the Council.
ANTIQUA.
Printed at the Government Printing Offive, Leeward Islands,
by E..M. BLhaokman, Government Printer—By Authority,
1965.
47/00357—352—12.55. Price 4 cents.
No. of 1956, Promissory Oaths
( Amendmeni).
LEEWARD ISLANDS.
No. of 1956.
An Act to amend the Promissory Oaths Act and
to substitute a new form of Oath to be taken
by Members of Hxecutive Councils.
ENACTED by the Legislature of the
Leeward Islands.
1. This Act may be cited as the Promissory
Oaths (Amendment) Act, 1956, and shall be read -
as one with the Promissory Oaths Act, hereinafter
called the Principal Act.
2. The Principal Act is hereby amended by
the substitution of the following for the form of
‘Oath of Executive Councillor in the Schedule to
the Principal Act:—
“T, , being chosen and
admitted to Her Majesty’s Exeoutive
Council in this Colony, do swear that
except with the authority of His Excel-
lency the Governor I
LegewarRD
IsLANDS,
Short title,
Cap. 120.
Substitution
of form of
Oath of
Exeoutive
Councillor in
Schedule to
Principal Act.
Liewarp No. of 1956. Promissory Oaths.
ISLANDS. (Amendment).
will not directly or indirectly reveal the
business or proceedings of the Executive
Council or the nature or contents of any
document communicated to me as a
Member of the Council or any matter
coming to my knowledge in my capacity
asa Member of the Council, and that in
all things I will be a true and faithful
Councillor.
So Help Me God â€.
President.
Passed the General Legislative Council this
day of 1956.
Clerk of the Council.
OBJECTS AND REASONS.
On a strict interpretation of the wording of the form of
Oath of an Executive Councillor currently in use, the only
matters which are covered are such as are actuully debated in
Executive Council and as are committed to the secrecy of
Executive Councillors. The present Oath falls short. of
what iy required, especially with regard to the documents
circalated to Members which, while not intended to be dealt
with at a meeting of the Council, are nevertheless of a secret or
confidential nature. Such documents are certainly within the
spirit, although they may not not be within the letter, of the
Oath.
2. The Bill seeks to replace the existing form of Oath by
a new form which is designed to cover ull contingencies and will
leave no doubt as to the obligations of Executive Councillors in
relation to the degree of secrecy to be observed by them in
carrying out their duties.
RanpatL H. Locxuart,
Acting Attorney General.
8th September, 1955.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands
by E. M. BhackmAn, Government Printer.—By Authority.
1955,
©. 18/00021 —352 —12.55. Price 4 cents.
No. of 1956. Pensions (Amendment)
LEEWARD ISLANDS.
No. of 1956.
An Act to amend further the Pensions Act, 1947.
ENACTED by the Legislature’ of the Lee-
ward Islands.
1. This Act may be cited as the Pensions
(Amendment) Act, 1956, and shall be read as one
with the Pensions Act, 1947, as amended, herein-
after called the Principal Act.
2. (1) Subsection (1) of section 2 of the
Principal Act is hereby amended by the substitution
of the following for paragraph (a) of the definition
of the expression “ pensionable emoluments â€â€”
(a) in respect of service in the Colony,
includes salary, personal allowance, house
allowance, and, in the case of a teacher, any
charge pay that may be paid to such teacher
when in charge of a government elementary
school,. but does not include duty allowance,
entertainment allowance or any other emolu-
ments whatever; â€â€™
LeewaRpD
I@LANDS.
Short title.
12/1947.
12/1948,
7/1963.
4f1955,
Amendment of
section 2(1) of
the Principal
Act.
LEEWARD
ISLANDS.
Amendment of.
section 161)
of the Princi-
pal Act.
%
Amendment of
section 17 of
the Principal
Act.
2 Pensions (Amendment) No. of 1956.
(2) The foregoing amendment shall be deemed
to have had effect from the Ist day of January,
1952.
(3). Subsection (1) of section 16 of the
Principal Act is hereby amended by the substitution
of the words “ For the purposes of this sectionâ€
for the words “ For the purposes of this subsection â€
_ appearing in the first line of paragraph (6) of the
subsection.
4. The following amendments are hereby
made to section 17 of the Principal Act:—
(1) Subsection (1) is amended by—
(a) inserting after the words
“legal personal representative ’’ the
words “or in addition to the pay-
ment, if any, made to his dependant
or dependants’; and
(6) deleting the words “ para-
graphs (ii) and (ii)†in paragraph
(vii), the words “ paragraph (i1)†in
proviso (a), and the words “ para-
graph (ii) or paragraph (ili)†in
# proviso (6), and substituting in each
case the words ‘paragraphs (il),
(ili) or (iv)â€.
(2) Subsection 3 is amended by—
(a) substituting a colon for the
full-stop at the end thereof; and
(6) adding thereto the follow-
ing proviso—
“Provided that this subsection.
shall not apply in the case of an
officer who is eligible to receive
an award under subsection (4) of
this sectionâ€.
(3) Subsection (6) is amended by—
(a) relettering paragraphs (a)
and (¢) of tie subsection as para-
graphs (e) and (/) respectively; and
No. of 1956. Pensions (.4mendment) 3 Leewanp
IgLANDS8.
(6) inserting next after para- .
graph (c) the following—
“(d) the word ‘father’ in-
cludes, in relation to a person, his
stepfather and a male person by
whom he has been adopted;â€â€™.
President.
Passed the General Legislative Council this
day of 1956.
Clerk of the Council.
OBJECTS AND REASONS.
The objects of this Bill are:—
(a) to amend the Principal Act to include in the
definition of “ pensionable emoluments †a reference to the
charge pay of teachers in charge of Government Element-
ary Schools; and
(b) to remedy a number of lacune which have been
observed in the amending Act of 1955.
29. The amendment relating to ‘‘charge pay†is conse-
quent on a recommendation made by Mr. Hammond. It
seeks in those Presidencies where it has not been found
desirable to amalgamate charge pay with salary to enable the
allowance to count for purposes of pension. It is made
retrospective to the Ist January 1952 in order to accommodate
Head Teachers of Government Elementary Schools in those
Presidencies who have retired since the date when the salary
revision took effect.
3. The amendments mentioned in paragraph 1 (0) above
are the result of recommendations of the Secretary of Svate in
Leeward Islands despatch No. 508 of the 18th September,
195).
RanpaLt H. Locxwarr,
Acting Attorney General.
18th October, 1955.
ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.—By Authority.
1955.
47/00075—352—12.55. Price 5 cents.
No. of 1956. Mayistrate’s Code of Pro-
cedure (Amendment).
LEEWARD ISLANDS.
No. of 1956.
An Act to amend further the Magistrate’s Code
of Procedure Act, (Cap. 61).
ENACTED by the Legislature of the
Leeward Islands.
1. This Act may be cited as the Magistrate’s
Code of Procedure (Amendment) Act, 1956, and
shall be read as one with the Magistrate’s Code of
Procedure Act, as amended, hereinafter called
the Principal Act.
2. Subsection (3) of section 172 of the
Principal Act is hereby amended by the substitu-
tion of a comma for the full-stop at the end of
subsection (3) and the addition thereatter of the
following words “and in a matter relating to
salvaye or the title to wreck where the sum in
dispute exceeds ninety-six dollarsâ€.
President.
LEEWARD
ISLANDS.
Short title.
Cap. 61.
Amendment
of section
172(3) of the
Principal Act
9
Leewarn 2 Magistrate's Code of Pro- No. of 1956.
IsLaNDs. cedure (Amendment).
Passed the General Legislative Council this
day of ~ 1956.
Clerk of the Couneil.
OBJECTS AND REASONS.
ome ee a
The object of this Bill is to amend the
Magistrate’s Code of Procedure Act to cure an
omission in the amending Act of 1954.
Ranpatt H. Locxuart,
Acting Attorney General.
3rd October, 1955.
. ANTIQUA.
Printed at the Government Printing Office, Leeward Islands
by E, M. Buackm an. Government Printer-—-By Authority,
1955,
47/00026-—352—12.55 Price 4 cents,
4
No. of 1956. Overseas Nurses’ Pensions
(Amendment),
LEEWARD ISLANDS.
No. of 1956.
An Act to amend the Overseas Nurses’ Pensions
Act.
ENACTED by the Legislature of the Lee-
ward Islands.
1. This Act may be cited as the Overseas
Nurses’ Pensions (Amendment) Act, 1956, and
shall be read as one with the Overseas Nurses’
Pensions Act, hereinafter called the Principal Act.
2. Section 3 of the Principal Act is hereby
amended by the substitution of the words “ four
dollars and eighty cents� for the words “ eight
shillings and four pence†appearing therein.
3. his Act shall be deemed to have come
into operation on the Ist day of January, 1956.
President.
Passed the General Legislative Council this
day of 1956.
Clerk of the Council.
LEEWARD
IsLanps,
Short title.
Cap. 129,
Amendment
of section 3 of
the Principal
Act.
Commence-
ment.
Lrewarp 2 Overseas Nurses’ Pensions No. of 1956.
IsLANDs. (Amendment).
OBJECTS AND REASONS.
The object of this Bill is to increase the rate
of the Nurses’ Retiring Allowance provided by law
from 8/4 a year for each month of service to $4.80
a yeur for each month of service. The present rate
of allowance which came into force in 1926 bears
little resemblance to the corresponding rate of a
present day pension under the Pensions and
Pensions (Increase) Acts and parallel legislation in
other territories.
Ranpatt H. Lockuart,
Actiny Atiorney General.
4th November, 1955.
_. ANTIGUA.
Printed at the Government Printing Office, Leeward Islanda,
by E. M. BLACKMAN, Government Printer.—By Authority.
: 19565, .
13/00098—852—19.55 ° [Price 4 oents.1
tS en omen
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