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VOL. LXXXIV.

77

THE LEEWARD ISLANDS

GAZETTE.
Vublished by Authority.

THURSDAY, 3rp MAY, 1956.

No. 20.





Notices,



His Excellency has been please! to
appoint the Hon. P. ©. Lewis, Q.C.,
Attorney General of the Leeward
Islands, to act as Pnisne Judge of
the Supreme Court of the Windward
Islands and Leeward Islands, with
effect from the 3rd May, 1956, on the
departure of the Hon. W. A. Dats,
Puisne Judge, on vacation leave.

The Secretariat,
Antigua.
3rd May, 1956.

Ref. No. CG. 13/00111.

It is hereby notified for general
information that His Excellency the
Jovernor has been pleased to appoint
Mr. H. A. BESSON to be a Commis-
sioner of the Supreme Court of the
Windward Islands and Veeward Is-
lands with effect from the 27th April,
1956, whilst he is performing the
duties of the office of Legal Assistant,
British Virgin Islands.

The Secretariat,
Antigua.
28th April, 1956.

Ref. No 43/00007.

It is hereby notified for general
information that His Excellency the
Governor has been pleased to accept
the resignation of Mr. N. KK. A.
HaARRIGAN as an Official Member of
the Legislative Council and as a
Presidential Official Member of the
Executive Council of the British
Virgin Islands with effect from the
30th April, 1956. and has been pleased
to appoint Mr. H. A. BESSON, Legal
Assistant, to be an Official Member of
the Legislative Council and a Presi-
dential Official Member of the Execu-
tive Council of the British Virgin
Islands with effect from the Ist May,
1956.

The Secretariat,
Antigua.
30th April, 1956.

Ref. No. C. 18/00012.

It is notified for general informa-
tion that Major A. A. M. HILL,
Superintendent of Police, has been
appointed to act as Commissioner of
Police, Leeward /Islands Police Force,

X
478%. 729 x
Lyte

during the absence of Lieutenant
Colonel E. M. V. JAMES on sick
leave.

The Secretariat,
Antigua,
30th April, 1956.

Ref. No. C.P.F. 50.

No. 52.
Appointments and transfers etc.,
in the public service, with effect from

the dates stated, are published for
general information:—

Hint, A. A. M., Superintendent of
Police, to act as Commissioner of
Police during the absence of the

Commissioner of Police on sick
leave. Apr. 9.
Ref. No. C.P.F. 50.
LOCKHART, Hon. R. H., Crown

Attorney, Antigua, to act as Attor-
ney General, Leeward Islands.
3rd May, 1956



No. 53.

The foliowing Imperial Legislation
and Statutory Rules and Orders are
circulated with this Gazette and form
part thereof:—

IMPERIAL LEGISLATION.

4 and 5 Entz. 2. ‘The Leeward
Tslands Act, 1956.” 6 pp. Price 10 cts.

STATUTORY RULES & ORDERS.

General Government.

No. 43 of 1955, ** The Rules of the
Supreme Court (Crown Proceedings)
1955.” 17 pp. Price 20 ots.

Virgin Islands.

No. 12 of 1956, “The Crown Pro-
ceedings (Authorised Officers) Order,
1956.” 2 pp Price 4 cts.

INSURANCE OF GOVERN-
MENT MOTOR VEHICLES.

Tenders are invited for comprehen-
sive insurance coverage of all Gov-
ernment own vehicles. There are
approximately 71 such vehicles to be
insured.



2. The contract of insurance should
provide that where coverage is given
during the currency of the Policy

such coverage will expire on the
termination of the Policy and in
every such case for an adjustment of
the appropriate premium.

3. A list of the motor vehicles
with necessary information will be
supplied to insurance agents on re-
quest.

4. Tenders should be in sealed
envelopes marked ‘“ Tender for In-
surance of Vehicles’? and should be
addressed to the Administrator to
reach the Administrator’s Office not
later than 4 p.m. on Friday 22nd
June, 1956.

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

Administrator's Office,
Antigua.
30tA April, 1956.



LEEWARD ISLANDS
Presidency of Antigua.
THE FRIENDLY SOCIETIES
ACT, 1928,
(No. 8 of 1928).
THE EX-SERVICEMEN’S
ASSOCIATION OF ANTIGUA.

Pursuant to the provisions of Sec-
tions 71 (1) (d) and (3) of the Friendly
Societies Act, No. 8 of 1928, I have
this day with the approval of His
Lordship Mr. Justice Datu, Puisne
Judge of the Supreme Court of the
Windward Islands and Leeward Is-
lands for the Antigua Circuit, obtain-
ed in Chambers on the 6th day of
April, 1956, cancelled the registry
of the Ex-Servicemen’s Association
of Antigua, a Society duly registered
under the provisions of the said Act
on the 27th day of July, 1948.

The reason for such cancellation is
that the said Sooiety has wilfully and
after notice from the _ Registrar,
violated the provisions of Sections 26
and 28 of the aforesaid Act.

GIVEN under my hand at the
Suprema Court Registry St.
John’s, Antiyua, this 9th day
of April, 1956.

CrciL, 0. BYRON,
Acting Registrar of Friendly
Societies.



78 THE

Provision has been made for a
limited number of candidates from
the Colonies to be admitted to cadet-
ship in 1957, at the Royal Air Force
College, Cranwell, and for Royal Air
Force Apprenticeships.

Candidates for admission to Cran-
well should—

(a) be within the age limits of
174 to 19 years on Ist January
1957, and should have reached
a standard of general education
equal to that which is normally
required for admission to a
degree course uta University, e.g.
the University College of the
West Indies, including a know-
ledge of Mathematics to the
required standard.

(6) comply with the medical
standards laid down for admis-
sion to the Royal Air Force.

(e) be British subjects and
unmarried and members of fam-
ilies established and resident in
the Presidency.

Candidates for Royal Air Force
Apprenticeships should—

(a) be within the age limits of
15 and 17 on the Is: Jannary,
1957, and shall be required to
have passed locally a written
examinution based upon exam-
ination papers prepared = in
England for the purpose.



LEEWARD ISLANDS GAZETTE.

(4) comply with the medical
standards laid down for enlist-
ment in the Royal Air Force.

“(¢) be British subjects and
members of families established
and resident in the Presidency.

Passage costs to the United King-
dom of nominated candidates will be
borne by the United Kingdom Gov-
ernment but no candidate will be
nominated unless his parent or
guardian accepts financial liability in
writing for his maintenance and
return passage to Antigua should the
candidate fail to qualify in the selec-
tien tests or be found medically unfit
for Royal Air Force Service by the
final Medical Board. In the case of
apprentices, however. any such can-
didates who are not considered
suitable for apprenticeship, may, if
suitable and willing, be offered enlist-
ment as boy entrants under the
scheme as an alternative to rejection.

Allapplications should be addressed
to The Administrator marked Appli-
cation for Roya! Air Force Cadetship
or Application for Royal Air Force
Apprenticeship, as the case may be,
and should reach the Administrator’s
Office not later than 31st July, 1956.

By Order,

ALEC LOVELACE,

Administrator.

ANTIGUA.

Acting Government Printer.—By Authority.
1956.

- .
[3 May, 1956.

City Rate for 1956.

Notice is hereby given that the
City Rate Assessment List for 1956
has been posted on the outer door of

‘the Treasury and at the Central Board

of Health Office.

The rate fixed on properties north
of the houses bordering on Alfred
Peters Street under an assessed
annual rental value of $48.00 is 5%
and of $48.00 and over 74%. The
rate on all other property under an
assessed annual rental value of

$48 is 10% and of $48 and over 15%.

Any person who objects to any
assessment in the said list must lodge
his objection in writing with the
Secretary, Central Board of Health
within fourteen days after the date
of this notice.

A. M. TAYLOR,
Secretary, Central Board
of Health.

Central Board of Health Office,
Antigua.
19th April, 1956.
Ref. No. A. 65/7-IV.

RAINFALL FIGURES.
Oentra) Experiment Station.







Antigua.
Month. 1952. 1953. 1934, 1035. 1956.
Jan. 241 1.93 3.04 2.16 5.15
Feb. 1.60 102 2,45 68 1.28
Mar. 162 5.60 1.08 83 =-1.40
Apr. 21 3.10 2.06 49° =#1.75 3.23
8.73 10.61 7.06 6.42 11.01



Printed at the Government Printing Office, Leeward Islands, by EARL P1q@orr,

{ Price 38 cents. |



Leeward Islands Act, 1956

4&5 ELIZ. 2. Ch. 23



ARRANGEMENT OF SECTIONS

Section
1. Constitution as separate colonies of Leeward Islands Presidencies.
2, Provision consequential on preceding section.
3. Power to make emergency laws for the new colonies.

4. Power to establish courts for the new colonies.

; 5. Amendments of 9 & 10 Geo. 5. c. 47.
| 6. Variation and revocation of Orders in Council.
(. - Short title and interpretation.
Schedule— Amendment of Leeward Islands and Windward
Islands (Courts) Order in Council, 1939.
Sod 8



4&5 Eviz. 2 Leeward Islands Act, 1956. GH. 23



‘CHAPTER 238.

An Act to constitute the Presidencies of the
Leeward Islands separate colonies and
confer upon Her Majesty power to make,
or to authorize the making of, emergency
laws therefor and to establish courts there-
for; to amend the West Indian Court of
Appeal Act, 1919; and for purposes con-
nected with the matters aforesaid.

[15th March, 1956]

BE it enacted by the Queen’s Most Excellent Majesty,
hy and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
assembled. and hy the authority of the same, as follows:-—

1.—On such day as Her Majesty may by Order in
Council appoint for the purposes of this section (in this
Act referred to as “the appointed day”) each of the four
Presidencies which, by virtue of the Leeward Islands Act,
187], as amended by Aczs of the Legislature of the
Leeward Islands, together constitute the colony of the
Leeward Islunds (that is to say, Antigna, Saint Christo-
pher Nevis and Anguilla, Montserrat and the Virgin
Islands) shall become a separate colony and the said Act
ot T8711 shall cease to have effect.

2.. (1) The repeal of the Leeward Islands Act, 1871,
shall operate to render of full effect the provisions
relating to lawmaking powers contained in the Ordinances
of the Legislatures of the said Presidencies entitled
respectively the Antigua Constitution and Elections
Ordinance, J951. the Saint Christopher Nevis and
Anguilla Constitutien and Elections Ordinance, 1952, the
Montserrat Constitution and Elections Ordinance, 1952.
and the Virgin Islands Constitution and Elections

Constitution
as separate
colonies of
Leeward
Tslands
Presidencies.
34 & 35 Vict.
e 107.

Provisions
consequential
on preceding
section,



Power to make
emeryency
laws for the
new colonies.

Cn. 23 Leeward Islands Act, 1956. 4&5 Eni, 2

Ordinance, 195-4, and, as from the appointed day, the
remaining provisions of cach of those Ordinances shall
have effect as if they had been enacted by virtue of the
provisions thereof which by virtue of this subsection are
rendered of full cffect, and so shall the provisions of any
Ordinance amending it passed before that day (whether
hefore or after the passing of this Act).

(2) Her Majesty may, by Order in Council.—-
(a) in the ease of each of the said Presidencies—

(i) determine, or empower any authority
having functions therein or constituted therefor
to determine, the laws (other than any te which
the foregoing subsection applies) which. after
the beginning of the appointed day. are (subject
to any amendment or repeal by the Legislature
of the Presidency cor other competent authority)
to remain valid us respects the Presidency not-
withstanding its constitution as a separate
colony:

Gi) adapt or modify. or empower any such
authority as aforesaid to adapt or modify, to
such extent as Her Majesty in Council Gr that
authority, as the case may be, thinks necessary
or expcdient in view of the constitution of the
Prosideney as oa separate colony, any laws
having offect therein after the beginning of the
appointed day by virtue cither of subscetion (1)
of this section or of an exercise of powers con-
ferred by ov under the foregoing sub-paragraph:
and

(1) make provision for any incidental, supple-
mentary or consequential matters for which it
appears to Her Majesty in Council necessary or
expedient to imeke provision in view of the dissolu-
tion of the colony of the Leeward islands.

(3) An Order in Council under this section made
before the appointed day may be so framed as to enable
anauthority upon whom power is thereby conferred to
determine, wmiapl or modify laws to exercise that power
before that day. so. however that no instrament by
which that power ix exercised shall come inte operation
before that dav.

8.—(1) Wer Majesty may. in the case of any colony
constituted by section one of this Act, by Order in
Council make during a period of emergency, or empower
(subject to such restrictions, if wav, as may be specified
in the Order) such authority as may be so specified to
make during any such period. such laws for the colony
as appear to Her Majesty in Council or that authority, as
the ease may be, to be necessary or expedient for



4&5 Eviz. 2 Leeward Islands Act. 1956. Cn. 23

securing the public salety, the defence of the colony or
the maintenance of public order or for niaintaining
supplies and services essential to the life of the comimu-
‘nity, and a law made by or by virtue of an Order in
Council under this subsection for a colony shall have
effect notwithstanding the provisions of any other enact-
ment applying to the colony or any rule of law having
effect therein. ,

2) A law made by or by virtue of an Order in
Council under the foregoing subsection for a colony shall
(unless previously revoked! expire at the end of the
period of emergency during which it was made unless
provision for its continuance in force (with or without
modification) is made by the Legislature of the colony.

(3) Upon the revecation or expiry of a law by or by
virtue of an Order in Council under subsection (1) of this
section, subsection (2) of section thirty-eight of the Inter-
pretation Act, I889. shall apply as if that law were an
Act of Parliament which had then been repealed by
aunether such Act.

(4) ju this section the expression “period of emer-
eeney” meatus. in relation te a colony constituted by
section one of this Act. a period heginning with a
declaration made by such autherity and in such manner
as inay by Order of Wer Majesty tn Council be preserihed
in relation to the colony that a public cmergency exists
therein and ending with a declaration so made that a
public emergency no longer exists thereii.

4 --(1) Her Majesty may by Order in Council
provide for the establishment, for any of the colonies
constituted by scetion one of this Act, of courts consti-
tuted in such omanner and having sth jurisdiction
(whether civil or criminal, original or appellate) as may
be determined by or under the Order, and an Order in

Council under this subsection may make provision for -

any incidental, supplementary or consequential matters
for which it appears to Her Majesty in Council necessary
orexpedient te make provision for the purposes of the
Order.

(2) As from the appointed day

(av) the colonies te which the Leeward Islands
and Windward Islands (Courts) Order in
Corneil, 1939, applies shall include the
separate colonies constituted by section one
of this Act; and

(>) so far as regards those colonies, that Order,
and any other Order in Council amending
it made before the appointed day (whether
before or after the passing of this Act),
shall have effect as if they had been made
under this section:

52 & 53 Viet,
e 48,

Power to
establish
courts for the
new colonies.



Amendments
of

9&10

Geo. 5. c. 47

Variation and
revocation of
Orders in
Council.

Stort title
and inter-
pretation.

CH. 23 Leeward Islands Act, 1956 4&5 Eniz. 2
and the provisions of the said Order of 1939 specified in
the first column of the Schedule to this Act shall, as from
that day, have effect subject to the amendments respec-
tively specified in relation to those provisions in the
second column of that Schedule (being amendiments con-
sequential on the provisions of paragraph (@) of this
subsection).

5.-(1) In subsection (3) of section one of the West
Indian Court of Appeal Act, 1919 (which subsection
specifies the persons who are to be the judges of the
West Indian Court of Appeal), for the words from “ The
expression ‘Chief Justice’” to the end'of the subsection
there shall be substituted the words “Any reference in
this subsection to a Chief Justice shall be construed as
including a reference to a person for the time being
acting in the capacity of Chief Justice ”.

(2) As from the appointed day the West Indian
colonies to which the said Act of 1919 applies shall
include the separate colonies constituted by section one
of this Act, and accordingly section one of the said Act of
1319 shall, as from that day, have effect as if. in subsee-
tion (2) of that section, for the words “the Leeward
Tslands ”, there were substituted the words “ Antigua, St.
Christopher Nevis and Anguilla, Montserrat, the Virgin
Tslands””.

6.--Any power conferred by this Act to make an
Order in Conneil shall be congtrued as including power to
vary or revoke the Order in Council by a subsequent
Order in Council

7.—(1) This Act may he cited as the Leeward Islands
Act. 1956.

(2) Any reference in this Act to a Presidency shall
be construed as including a reference to the dependen-
cies Gf any) thereof.



4 5 ELtz. 2

Leeward Tslands Act, 1956. OH. 23 5

SCHEDULE SECTION 4

Amendments of Leeward Islands and Windward Islands
(Courts) Order in Council. 1989

Provision amended
and Subject matter
thereof.
Paragraph (©) of
Article 1 (Colonies
to which the Order

applies).

Paragraph (1) of
Article 2 Unterpre-
tation).

Paragraph (4) of
Article 4 (Place of
residence of judges
of Supreme Court).

Paragraph (2) of
Article 14 (Appeals)

Article 19 (Saving
of powers of local
legislature).

Amendinent

For the words “and the Leeward Islands” there

shall be substituted the words “ Antigua,
Saint Christopher Nevis and Anguilla,
Montserrat and the Virgin Islands”.

In the definition of “Public Seal”, for the

words “and, with reference to the Leeward
Islands. the Public Seal of the Colony”,
there shall be substituted the words “and,
with reference to the Leeward Islands, the
Public Seal of any one of the Colonies
comprised in the Leeward Islands”.

In the definition of “Law, after the words

“Ordinance of the Legislature of any
Colony ” there shall be inserted the words
“any Act of the Legislature of the Leeward
Idands which, by virtue of an Order in
Council under section two of the Leeward
Islands Act, 1956. remains velid as respects
wny of the Colonies comprised in the
Leeward Islands”.

words “or Presideney ” shall be omitted,

For the words” by resolution of the Legislative

Councils of Grenada, St. Vincent, St. Lucia
and Dominica and the General Legislative
Council of the Leeward Islands ” there shall
be substituted the words “ by resolution of
the Levislative Council of each of the
Colonies 7.

words “or of any Presidency of the
Leeward Islands ” shall be omitted.

ANTIGOA.

Printed at the Government Printing Otlice, Leeward Islands
by Barn Pigott, Acting Government Printer.—By Authority.

G, 18/90015-ITI—480 —5.56.

1956. :
Price 10 canis.



LEEWARD ISLANDS.

GENERAL GOVERNMENT.



STATUTORY RULES AND ORDERS.
1955, No. 43.

SUPREME COURT (CROWN PROCEEDINGS).



The Rules of the Supreme Court (Crown Proceedings) 1955,
made by the Chief Justice of the Supreme Court of the
Windward Islands and Leeward Islands with the
approval of the Governor of the Windward Islands and
the Governor of the Leeward Islands under the author-
ity of section 16 of the Leeward Islands and Windward
Islands (Courts) Order in Council. 19389 and pursuant
to section 29 .of the Crown Proceedings Ordinance of
each Presidency.

1. Snort Trrir. These Rules may be cited as the Rules
of the Supreme Court (Crown Proceedings) 1955, and shall
be read as one with the Rules of the Supreme Court, 1907, as
amended, and sball be used in conjunetion with the Rules of
the Supreme Coart of Judicature of England asx extended to
the Colony by section 26 of the Supreme Court Act, 19389
(No. 20/1989) as amended.

2, Ixrervretation. [u these Rules—

“the Ordinance” in relation to a Presidency, means the
Crown Proceedings Ordinance us enacted by the
Legislative Council of that Presidency.

3. Lwxsertion or NeW Order arrer Ornper IT. After
Order [| there shall be inserted the following Order:—

“Order TA.
Cry, PRockEDINGS BY OR AGAINST THE CROWN.

1. Save as provided by the Ordinance or by these
Rules:—

(a) the Principal Kules shall, so far as may be,
apply to all eivil proceedings by or against. the Crown
instituted in the Supreme Court or the Court of
Summary Jurisdiction on and after the date of com-
mencement of the Ordinance in each Presidency ;



2

(6) such civil proceedings as aforesaid shall,
far as may be, take the same form: as civil proceed-
ines between subjects, and shall, if no special form
18 applicable, take the form of an action commenced
by writ of summons;

(c) civil proceedings by or against the Crown
which have been instituted before hie date of com-
mencement of the Ordinance in any Presidency shall
be governed by the practice and procedure in force
immediately before that dav.

2. For the purpose of this Order proceedings
against the Crown under the Crown Suits Act shall be
deemed to have been instituted before the date of com-
mencement of the Ordinance im any Presidency, if ;
statement of claim with respect io the matter in hesien
has been left with the Registrar of the Supreme Court
for transmission to the Colon! als Secretary before that date.”

4. AwenpMent or Onprr TET. In Order TIE (which
relates te the indersement of claim on the writ of summons)
there shall be inserted after Rule 3 the following Rule:—

“3A, Notwithstanding anything in Rule 2. or
Rule 3 of this Order, the indorsement of claim in proceed-
Ings avast the Crown shall contain information as to
the circumstances in which it is alleged that the lability
of the Crown has arisen and as to the Government depart-
ments and officers of the Crown concerned. In such pro-
ceedine's if the defendant considers that the indorsement
of claim does nut contain sufficient information as afore-
said, the defendant may, at any time before the time
limited by the writ of sammons for appearance has
expired, by notice in writing to the plaintiff request
farther information as xpecified in the notice. Where
such a notice has been given the time for appearance shall
expire four days after the defendant has notified the
plaindlf in writing that the defendant is satisfied or four
davs after the court or a judge has, on the application of
the plaintiff by summons served on the defendant not less
than seven days before the return day, decided that no
further information as to the matters aforesaid is reason-
ably required.”

5. AmenpMent or Orpen TX. In Order TX (whieh
relates to the service of a writ of summons) there shall le
inserted after Rule 5 the following Rule :—



3
“5A. The provisions of this Order shall have
effect. subject to the provisi ns of section 14 of the
Ordinunce which provides € ¢ the cerviee of documents on
the Crown for the parposs caf or ia connection with any
civil proceedings by or against the Crown.”

6. Amenpuerr or Orpen NY. At the end of Order
XL (which relates to service ont of the jurisdiction) there
shall be inserted the following tule:—

“14. This Order applics in the case of proceedings
by the Crown but docs not apply in the case of proceed-
ings avainst the Crown.”.

. Avexparent or Orpen NITE. Tn Order NTI (which
relates to default of sppoarance) there shall be added after
Rule 17 the following Rule:-—

“18. In civil procecdings aguinst the Crown no
judgment shall be entered in defaule of appearance with-
out the leave of the conrt or a judge, and anv application
for sueh leave shall he made by notiec of motion or
summons served tot less than seven days before the
return day.”.

8. AweNpwext or Orpen XTV. In Order XTV at
the end of Rule 1 there shall be inserted the following
paragraphs:—

*(d) Where an application is made hy the Crown
under this Rule, {he eause of action shall be deemed to
he suficiently verified if an atidayit is made by:—

(i) an officer duly authorised by the department
concerned; or

(ii) the Crown Attorney, (or in the case of the
Presidency of the Virgin Islands, the Attor-
ney General) or a solicitor acting for the
Crown; or

(iii) an officer duly authorised by the Crown Attor-
ney, (or in the eas? of the Presideney of the
Virgin Tslands, the Attorney General) or a
solicitor acting for the Crown;

stating that to the hest of his knowledge and belief the
plaintiff is entitled to the relief claimed and there is no
defence to the action exeept as to the amount of
damages claimed, if any.



4

(¢) No application shall be made under this Rule
in any proceedings against the Crown.”

9. Amenpuenr or Orper XIVA. In Order XIVA
after Rule 1 (which relates to summary judgment. for

specific performance) there shall be inserted the following
Rule:—

“JA. (1) In proceedings by the Crown, where
an application is made under Rule 1 of this Order, the
vause of action shall be deemed to be sufhiciently
verified if an affidavit is made by:—

(a) an officer duly authorised by the depart-
ment concerned; or

(4) the Crown Attorney, (or in the case of
the Presidency of the Virgin Islands, the Attorney
General) or a solicitor acting for the Crown; or

(c) an officer duly authorised by the Crown
Attorney, (or in the case of the Presidency of the
Virgin Islands, the Attorney General) ora solicitor
acting for the Crown;

stating that to the best. of his knowledge and belief the
plaintiff is entitled to the relief claimed and there is no
defence to the action.

(2) In proceedings ayainst the Crown no ee
tion shall be made under Rule 1 of this Order.”

10. AmenpMent or Ornper XVI. In Order XVI
(which relates to parties) there shall be added after Rule 47
the following Rules:



“ Crown ProcrEDINGs.

48. In respect of civil proceedings by or against
the Crown, the provisions of this Order shall have
effect subject to the provisions of section 18 of the
Ordinance which relate to the parties to such proceed-
ings.

49. An anplieation by any person under subsec-
tion (3) of section 7 of the Ordinance for leave to bring
proceedings in the name of the sender or addressee of a
postal packet or his personal representatives shall be
made by originating summons in the Supreme Court.



5

The respondents to the sammons shall be the Crown

and the person in whcse name the applicant seeks to

bring proceedings.”’.

11. Amenpuenr oor Orper XVIA. Order XVIA
(which relates to third pee procedure) is hereby amended
as follows:—-

() by inserting after Rule 1 the following Kule:—

“TA. Notwithstanding anything in Rule 1
of this Order, leave to isste a third party notice
for service on the Crown shali not be granted
except upon an application to the court or a judge
by summons served upon the plaintiff and the
Crown, Such leave shall not be granted unless
the court ov a judge is satisfied that the Crown is
in possession of all such information as it reason-
ably requires as to the cireumstances in which it is
alleged that the Hability of the Crown has arisen
and as to the departments and officers of the
Crown concerned.”

(6) by adding to Rule 5 (which relates to default
third party) the following proviso: —

=
-

“ Provided that in the case of third party
proceedings against the Crown the foregoing pro-
visions of this Rule shall not apply unless the
court or a judge so orders; and any application for
such an order shall be made by summons served
not less than seven days before the return day.”;
and
(«) by adding to Rule 6 (which relates to pro-

cedure on default before trial) the following:—

“A defendant shall not in any event be
entitled to enter judgment against the Crown
under this rule without the leave of the court or a
judge, Any application for leave to enter judg-
ment against the Crown under this Rule shall be
made by summons served not less than seven days
before the return day.”.

12. AMENDMENT oF Orpen NIX. Order AIX is
hereby amended as follows:—

(0) in Rules Owhich relates to set-off and counter-
elaint) Uaere sball be inserted after the words * Subject



A

to the provisions ef Mae 15 of Order NNT the words
‘and subject also to Rule SA of this Order”;

(1) by the insertion after Kule 5 of the following
Rule:—

“38. (1) A person shall not be entitled to
avail himself of aay set-off or counterclaim in any
proceedings by the Crewn for the recovery of
taxes, duties or es ities, or to avail himsely in
proceedings by the Crown of any other nature of
any set-off or counterclaiin arising out of a richt
or claita to repayment in respect of any taxes,
duties or penalties,

A person sball not. be entitled without:
the leave of the court or a pidge to avail himself
of any set-oif or counterclaini: in any proceedings
by the Crown, if either the subject matter of the
set-off or counterciain does not relate to a Govern-
ment department connceted with the proceedings
or the proceedings are brought in the name of the
Crown Attorney, ov ii the case of the Presidency
of the Virgin Islands, in the name of the Attorney
General.

(3) The Crown when saed and its alleged
liability has arisen through the acis of a Govern-
ment de ‘partment, shall not he entitled without the
leave of the court ora judge to avail itself of any
set-off or countercliim if the subject matter there-
of does not relate to that departinent.

(4) The Crown, when ue otherwise than as
is mentioned in paracr ae (2), shall not be en-
titled without the leave of the ecurt or a jude to
avail itself of any sct-oif or ana. :

(5) Any application for leave pursuant io
paragraphs (2), (3) or (4) of this Rule al he
made by stummotns. |

18. Asexoyenro oor Orpen AAV. En Order NNV
(which relates to Lea iv hiew of demurrer} there
shall be added artery Rade 3 the follow ig Rule:—



“G, Any applieniion steh as as eoferrer, fo au
;

subseetion (2) of seelion PO of tie Cirdinance (a hich
relates to proceedings He rea: uislitided agalpst property



7

helonging to the Crown) may he made to the court or
a judge at any time be fore trial by motion or summons,
or may be made at the trial of the proceedings |

£4. Aaxrenpvesnt or Orpen NAVI Order NAVI
(which relates to default of pleading) is hereby amended as
follows:-—

(a) by the insertion in Euvle 11 thereof after the
words “those in the preceding Rules of this Order
mentioned” of the words “and those to which Rule
1S of this Order applies,”;

(4) by the insertion after Rule 17 of the following
Rule:—

“18. In proceedings against the Crown no
judgment for the pluntift shall be entered in
default of pleading without the leave of the Court
or a judge and any wpplication for such leive shall
be made by notice of motion or summons served

' not less than seven days before the return day.”

15. Amenpwenror Orpen SNN. Order \XX (which
relates to summons for directions) is hereby amended by
thedeletion of the words The whole Order shall be omitted”
and the substitution therefor of the words ‘This Order shall
apply subject to the following moditfications:—"

“(1) In Rule 1 (c) the words “Admiralty actions
within the meaning of section 56 of the Act, or to”, in
the first and second lines, and the words “or to actions
in which an application for transfer to the Commercial
List is pending, orin whieh trans! ‘er to sueh list has
been ordered” in the fourth, fifth and sixth lines shall
be omitted.

(2) In Rule 2 (2)—
(i) paragraph (+) shall be omitted;
_ (ii) in paragraph ( -), for the words a Coim-
wissioner oy examiner” there shall be

substituted the words ‘tthe Rewistrar of
the Supreme Court”;

Qi) im paragt ‘aph ( (y) for the words “the Court
of Appeal” there shall he substituted
‘a Court of Appeal”;



8
(iv) paragraph (7) shall be omitted.

(3) Rule 7 is hereby amended as follows:—
(a) by the substitution of the following Rule
for Rule 7 (1):—

oe

7. (1) Wherean order has been made for the
transfer to the Supreme Court of a suit pursuant
to section 13 of the Summary Jurisdiction Act, or
where proceedings instituted against the Crown
have been transferred to the said Court pursuant
to section 15 of the Ordinance the following pro-
visions shall appl) Vv:
(a) in Hise case of a transfer pursuant to
section 13 of the Sumary Jurisdiction Act, the
provisions of that section; and

(/) in the ease of a transfer pursuant to
section 15 of the Ordinanee, the proper officer
of the Supreme Court shall send an office copy
of the Crown Attormey’s (or in the case of the
Presidency of the Virgin Islands, the Attorney
General’ s) certificate to the proper officer of
the court from whieh the proceedings are
being transferred who shall thereupon annex
the eoutifieate to the writ of summons and
transmit the said writ and certificate and all
other documents filed in the proceedings to
the proper officer of the Supreme Court. The
latter officer shall give notice to all parties
that the proceedings will be heard in the
Supreme Court and that the defendant is
required to enter the appearance provided for
in the following paragraph, and the said
ofticer shall file the said documents and make
an entry of fhe filing thereof in the Cause
Book and shall distinguish the action in the
manner ma which actions are now ¢ distinguish-
ed in the Cause Book in the Supreme Coint
pursuant to Order Vio Rule 13.7;

(1) by the substitution of words “Registry of
the Supreme Court” for the words “Central office”
in paragraph (2);

(¢) by the substitution of the words ‘a Magis.
trate’s Court“ for the words © the County Court”
in paragraph (3);



9

(d) by the substitution of the words “the
Magistrate’: s Court” for the words “the County
Court” in the first and eighth lines of para-
graph (5);

(e) by the insertion after the words “or he
may” of the words “except where the defendant
is the Crown” in paragraph (6).”.

16. AnexpMent or Orpen XNXNI. Order XXXI
(which relates to interrogatories and discovery and inspec-
tion of documents) is hereby ainended as follows:—

(a) by the insertion after Rule 5 of the following
Rules :-—

“SA. In proceedings to which the Crown is a
party, if an order is made for interrogatories to
be answered by the Crown, the order shall direct by
what officer of the Crown the interrogatories are to be
answered.

5B. Jn any proceedings by the Crown for the
enforcement of any right for the enforcement of which
proceedings by way of inglish information might have
been taken if the Ordinance had not been passed, the
Crown may, at any stage of the proceedings, deliver
interrog: tories or further interrogatories without the
leave of the court ora judge, so however that the
Crown shall not be entitled to deliver any third or sub-
sequent set, of interrogatories without the leave of the
court or a judge.”

(6) by the insertion after Rule 28 of the following
Rule: —

“9SA. In proceedings to which the Crown is a
party, any affidavit te be made in answer to an order
for discovery against the Crown shall be made by such
offieer of the Crown as the court shall direct.”:

(«) hy the insertion after Rule 29 of the following
Rule:—

“30. In any Tete in the Supreme Court to
which the Crown isa party, any order of the Court
made under the powers conferred by subseetion (1)
of section 2h of the Ordinance shall be construed as not
requiring dsclosare of the esisienre of any document,
the existence of whieh if would in the opinion of the
Governor be injurious to the public intcrest to disclose.”,



10

17. AmenpMent or Orpen XXXVI. In Order
XXAVE (which relates to trial) there shali be inserted after
tule LOA the following Rule:—

“10B. Nothing in any of these Rules shall preyu-
dice the right of the Crown to demand «a local venue
for the trial of any proceedings in which the Crown
Attorney, or in the case of the Presidency of the
Virgin Islands, the Attorney General, has waived his
right toa trial at bar”

18. AmMeNpMENT ov ORDER NNAVIT. Order NNAVEE
(which relates to evidence generally) is hereby amended as
follows:—

(a) by the substitution of the following Rule for
Rule 36 thereo!:—

36. Ln all actions to perpetuate testimony touch-
ing any honour, title, dignity or offiee or any other
matter or thing in which the Crown may have an
estate or interest. the - until may proceed against the
Crown under section 13 of the Ordinance, and the pro-
visions of the Ordinance and these Rules shall apply
accordiugly.”:

(6) by the tusertion at the end thereol of the
following Rule: —

“G1. For the avoidance of doubt it is hereby
declared that any powers exercisable by the court or a
judge i in regard to the taking of evidence are exercisa-
ble in proceedings by or against the Crown as they are
exercisable in proceedings between subjects.

19. Inserries or New Onver Arrer Orper ALIB,
After Order XLI LB there shall be inserted the following
Order:—

“Order \LI C

Orprrs, erc., AGALNST THE Crown

1. In this Order the following expressions have
the following meanings:—-

“Order against the Crown’? means any order (in-
eluding an order for costs) mnde in ny civil
proceedings by oor avauist the Crown or in
connection with any arbitration to which the

to



UK

Crown is 2 party. in favour of any person
against the Crown or against an officer of
the Crown as such;

“Order” includes a judgment, decree, rule, award
or declaration.

2. Nothing in any of the following Orders—

XULIL (execution and discovery in aid of execu-
tion)

NX LiL (writs of fieri-facias, elegit and sequestra-
tion, and sales under executions)
NLIV (attachment)

XLV (attachment of debts)

XLVI (charging orders, distringas and stop orders )
XLVIT (writ of possession)

XLVITE (writ of delivery)

shall apply in respect of any order against the Crown.

3. Any application for a certificate under section
2) of the Ordinance (which relates to sutisfaction of
orders against the Crown) shall be made to the proper
officer who is to be ascertained as provided by Rule 1
of Order LXXI Any application under that section
for a direction that a separate certificate be issued with
respect to costs ordered to be paid to the applicant shall
ba made to the court or a judge, and may be made 2’
parte without summons. Any such certificate shall be
in one of the Forms .« and B in the Schedule hereto
with such variations as the circumstances may require.

APrACHMENT OF MoNEYS PAYABLE BY THE CROWN.

4. (1) No order for the attachment of debts under
Order XLV or for the appointment of a sequestrator
under Grder XLII or for the appointment of a receiver
under Order Li shall be made or have effeet in respect
of any money due or aceruing or alleged to be due or
acerning fiom the Crown.

(2) In acase where it is alleged that such an order
could have been obtained and would have had effect in
respeet of such money if it had been due or accruing
from asubjeet the court ora judge may on the applica-



19

tion by summons of the judgment creditor make an
order restraining the judgment debtor from receiving
such money and directing payment by the Crown to
the judg ment creditor or to a sequestr: itor or receiver,
and the court or a judge may ‘ppoint a sequestrator or
receiver for that purpose,

(3) No such Order shall be made in respect of:-—

(a} wages or salary payable to any «< fficer of
the Crown as such;

(/) money which is subject to the provisions
of any enactment prohibiting or restrict-
ing assigning or charging or taking in
execution: or

/

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

(4) Any such summons shall be served at least
four days before the vetura day on the Crown, and,
unless otherwise ordered, on the judgment debtor or his
solicitor.” Service on the judgment debtor or his soliei-

tor shall he effeeted in’ the manner provid: ed for sueh
service by Order XLV, Rule 1 Service on the Crown

shall be elfected in ac eovilance with Section 14 of the
Ordinance.

(5) If the Crown disputes lability, the court or
a judge may, order that any issue or question necessary
for determing the Crown's liability be tried or deter-
mined in any manner in which any issue or question in an
action may be tried or determined, Where it is suggested
by the Crown that the debt with reference to which the
proceedings are taken belongs to some third person, or
that any third person has a claim) upon it, the court or
a judge may order such third person to appear and state
the nature and particulars of his claim upon such debt.
After hearing any such third person as aforesaid, and any
other person whom by the sane or any subsequent order
the court or a judge may require to wppeur, the court or a
judge may bar the claim of the third persow or make such
other order with respect to his claim as the corrt or 4
judge thinks ft, upon such terms, im all cases, with
respect to the third person's clann (if any), ane to costs,
as the court or judge thinks just and reasonable. Lf



1

the third person does not appear when ordered, the court
ora judge may exercise nny powers which the court or a
judge might have exercised if he had appeared,

(6) In this Rule the expression “jadgment debtor”
means the person against whom the order for the attach-
ment of debts or for the appointment of a sequestrator or
receiver could have been obtained as aforesaid, and the
expression “judgment creditor” means a person in whose
favour it could have been obtained.”’.

66

20. Amenpuenr or Orper L. In Order L, after
Rules 15A to 22 (which relate to receivers) there shall be
inserted the following Rule:—

“OPA, Rules 15A to 22 (inclusive) of this Order
shall have effect subject to Rule 4 of Order NLI C.”.

21. AmenpMeny or Orper LIV. In Order LIV
(which relates to applications and proceedings at Chambers) in
Rule 4B (which relates to the cases in which a respondent is
not required to enter an appearance to an orlginating summons)
there shall be inserted after paragraph (18) the following
paragraph :—

“(14) Under Order XVI, Rule 49.”.

22. Anuenpurnr or Orper LANVIT. Order LAVIT
(which relates to the service of orders etc.) is hereby amended
as follows:—

(2) by the insertion therein after Rule 1 of the
following Rule:—

“TA. (1) The provisions of these Rules relating
to the service of documents shall have effect subject to
the provisions of section 1-b of the Ordinance which
provide for the service of documents on the Crown
for the purpose of er in connection with civil pro-
ceedinus by or against the Crown,

(2) Service of a document in secordance with
the said section I shall be effected (a) by leaving
the docrment within the preseribed hours at the office
of the person to be served, or of any agent whom he
has nominated for the purpove, but in either case
with a person belonging to the office where the docu-
ment is left. or (6) by posting it ina prepaid regis-
tered envelope addressed to the person to be served



14

or any such agent as aforesaid; and where service
under this Rule is made by post the time at which
the decament so posted would be delivered in. the
ordinary course of post shall be considered as the
time of service thereof,

(3) All documents to be served on the Crown
for the purpose of or in connection with any civil
7 rt ‘ . ‘ : 1 °
proceedings in the Supreme Court shall be treated for
the purposes of these Rules as documents in respect

of which personal service is not requisite.

(4) Tn this Rule the expression—

“document” includes writs, notices, pleadings,
orders, summonses, warrants and other
documents, proceedings and written com-
munications;

“prescribed hours” means the hours of business

from time to time in force for the office
of the person to served.”;

(0) by the addition at the end of Rule 2 of the
following sentence:—

““Phis Rule does not apply in the case
of documents required to be served in ac-
cordance with section 14 of the Ordinance.”’;
and 5

(ec) by the addition to Rule 4 (which relates to
service of documents where no appearance
has been entered) of the following pro-
VIsO:—

“Provided that the preceding provi-
sions of this Rule shall not have effect in
the case of civil proceedings against the
Crown where no appearance has been enter-
ed on behalf of the Crown; and in any
such case service shall be effected in the
manner provided by section 14 of the
Ordinance and the preceding Rules of this
Order.”’.



15
23. AmeENDMENT ovr OrpER LXXI. In Order LNXI

(which relates to interpretation of terms) there shall be
added at the end of Ride i, the following words :-—

““Civil-proceedings by the Crown” and “civil pro-
ceedings aa the Crown” and “ civil proceedings by
or against the Crown” have the same respective mean-
ings as in Part IT of the Ordinance, and do not
include any of the proceedings specified in subsection (3)
of section 19 of the Ordinance. “Civil proceedings to
which the Crown is 4 purty” has the same meaning as it
has for the purposes of Part IV of the Ordinance by
virtue of subsection (3) of section 2 of the Ordinance.

Exeept where the context otherwise requires, refer-
ences in see Rules to actions for the recovery of land
or for the recovery of possession of land shall be construed
as including proceedings against the Crown for an order
declaring that the plaintiff is entitled as against the Crown
to the land or to the possession thereof, and references in
these Rules to actions for the recovery or delivery or
specific delivery of property other than land or the
possession of such property shall be construed as including
proceedings against the Crown for an order declaring
that the plaintiff is entitled as ag: uust the Crown to the
property or to the possesslon thereof.”

24. Commencement. These Rules shall come into
operation on the 80th day of June, 1956.

Made by the Chief Justice this 7th day of December, 1955
DonaLpD Jackson,
Chief Justice.
Approved by the Governor of the Windward Islands this
30th day of December, 1955.
C. M. Deveretn,

Governor.

Approved by the Governor of the Leeward Islands this
9th day of December, 1955.

Kk, W. BrackBurRNE,
Governor.



16

SCHEDULE.
FORM A. " Rule 19 (3).

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

( Cireuit)
1954 No,
Between Plaintiff:
| and
Defend int,

Certificate of Order against the Crown.
By a judgment (decree) (order) of this Honourable Court dated
the day of , 19 , it was adjudged
(decreed) (ordered) :—-

(Give particulars of the judgment decree or order).

I hereby certify that the amount payable to

by in pursuance of the said judgment
(decree) (order) is (*together with interest
thereon from the day of until the

date of payment, and together with costs which have been taxed and
certified by the Taxing Master at . Interest is
payable on the said costs from the day of

until the date of payment).

(tThis certificate does not include the amount payable under the
said Judgment (decree) (order) in repect of costs).

* Omit so far as not required.
+ To be included where a separate certifieate has been directed to be issued as to
costs,



17
FORM B. - Rule 19(3).

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

( ' Circuit)
1954 No.
Between Plainuff
and
Defendant

Certificate of Order for Costs against the Crown.

By a judgment (decree) (order) of this Honourable Court dated
the day of 19. , it was adjudged
(decreed) (ordered) :—

(Give particulars of the judgment decree or order).

I hereby certify that the costs payable to
by in pursuance of the said judgment

(decree) (order) have been taxed and certified by the Taxing Master

at : (*Interest is payable on the said
costs from the day of until the date of
payment).

* Omit where not required.

ANTIGUA.
Printed at the Government Printing Office, Leeward Islands.
by Eart Pleorr, Acting Government Printer. —By Authority.
1956

43/00049—492—5.56 [ Price 20 cents. |



LEEWARD ISLANDS.
VIRGIN ISLANDS.

STATUTORY RULES AND ORDERS.

1956, No. 12.

Tue Crown Proceepinas (AUTHORISED OFFicers) ORDER,
1956, pareD Aprit 10, 1956, MADE BY THE GOVERNOR
UNDER Srcrion 13 (3) oF THE Crown PROCEEDINGS
OrpinancE, 1955 (No. 4/1955).

1. Saort Tittr. This Order may be cited as the
Crown Proceedings (Authorised Officers) Order, 1956.

2, Lisr or Aurfortsep Orricers. The officers speci-
fied in the first column of the Schedule hereto are authorised
officers for the purpose of subsection (3) of section 13 of the
Crown Proceedings Ordinance, 1955, and civil proceedings by
and against the Crown may be brought by and against the
said officers in relation to the Government departments set
opposite their names in the second column of the said Schedule.

3. ComMMENCEMENT. This Order shall come into opera-
tion on the 30th day of June, 1956.



2
SCHEDULE.

Official names of Authorised Officers

Assistant Treasurer

Government Departments

Treasury and Customs

Agricultural Superintendent Agriculture
Jommissioner of Police Police
Postmaster Post Office
Officer in Charge of Prison Prison
Discipline
Registrar Registry of the Supreme Court

Surveyor of Works
Headmaster, Secondary School
Harbour Master
Registrar-General

Supervising Teacher, Primary
Edueation

Medical Officer in administrative
charge



and Provost Marshal’s Office,
Virgin Islands Circuit.

Public Works

Education (Secondary)

| Harbour and Wharves

General Registry of Births,
Deaths and Marriages
Education (Primary)

Medical and Health

Dated this 10th day of April, 1956.

BE. A. Evenyn,

Acting Commissioner.

ANTIGUA.
Printed at the Govornment Printing Office, Leeward Islands,

by EarbL Picovr

43/00056—480 —5.56

Acting Government Printer.—By Authority.
L056,

[Price 4 cents. |


VOL. LXXXIV.

77

THE LEEWARD ISLANDS

GAZETTE.
Vublished by Authority.

THURSDAY, 3rp MAY, 1956.

No. 20.





Notices,



His Excellency has been please! to
appoint the Hon. P. ©. Lewis, Q.C.,
Attorney General of the Leeward
Islands, to act as Pnisne Judge of
the Supreme Court of the Windward
Islands and Leeward Islands, with
effect from the 3rd May, 1956, on the
departure of the Hon. W. A. Dats,
Puisne Judge, on vacation leave.

The Secretariat,
Antigua.
3rd May, 1956.

Ref. No. CG. 13/00111.

It is hereby notified for general
information that His Excellency the
Jovernor has been pleased to appoint
Mr. H. A. BESSON to be a Commis-
sioner of the Supreme Court of the
Windward Islands and Veeward Is-
lands with effect from the 27th April,
1956, whilst he is performing the
duties of the office of Legal Assistant,
British Virgin Islands.

The Secretariat,
Antigua.
28th April, 1956.

Ref. No 43/00007.

It is hereby notified for general
information that His Excellency the
Governor has been pleased to accept
the resignation of Mr. N. KK. A.
HaARRIGAN as an Official Member of
the Legislative Council and as a
Presidential Official Member of the
Executive Council of the British
Virgin Islands with effect from the
30th April, 1956. and has been pleased
to appoint Mr. H. A. BESSON, Legal
Assistant, to be an Official Member of
the Legislative Council and a Presi-
dential Official Member of the Execu-
tive Council of the British Virgin
Islands with effect from the Ist May,
1956.

The Secretariat,
Antigua.
30th April, 1956.

Ref. No. C. 18/00012.

It is notified for general informa-
tion that Major A. A. M. HILL,
Superintendent of Police, has been
appointed to act as Commissioner of
Police, Leeward /Islands Police Force,

X
478%. 729 x
Lyte

during the absence of Lieutenant
Colonel E. M. V. JAMES on sick
leave.

The Secretariat,
Antigua,
30th April, 1956.

Ref. No. C.P.F. 50.

No. 52.
Appointments and transfers etc.,
in the public service, with effect from

the dates stated, are published for
general information:—

Hint, A. A. M., Superintendent of
Police, to act as Commissioner of
Police during the absence of the

Commissioner of Police on sick
leave. Apr. 9.
Ref. No. C.P.F. 50.
LOCKHART, Hon. R. H., Crown

Attorney, Antigua, to act as Attor-
ney General, Leeward Islands.
3rd May, 1956



No. 53.

The foliowing Imperial Legislation
and Statutory Rules and Orders are
circulated with this Gazette and form
part thereof:—

IMPERIAL LEGISLATION.

4 and 5 Entz. 2. ‘The Leeward
Tslands Act, 1956.” 6 pp. Price 10 cts.

STATUTORY RULES & ORDERS.

General Government.

No. 43 of 1955, ** The Rules of the
Supreme Court (Crown Proceedings)
1955.” 17 pp. Price 20 ots.

Virgin Islands.

No. 12 of 1956, “The Crown Pro-
ceedings (Authorised Officers) Order,
1956.” 2 pp Price 4 cts.

INSURANCE OF GOVERN-
MENT MOTOR VEHICLES.

Tenders are invited for comprehen-
sive insurance coverage of all Gov-
ernment own vehicles. There are
approximately 71 such vehicles to be
insured.



2. The contract of insurance should
provide that where coverage is given
during the currency of the Policy

such coverage will expire on the
termination of the Policy and in
every such case for an adjustment of
the appropriate premium.

3. A list of the motor vehicles
with necessary information will be
supplied to insurance agents on re-
quest.

4. Tenders should be in sealed
envelopes marked ‘“ Tender for In-
surance of Vehicles’? and should be
addressed to the Administrator to
reach the Administrator’s Office not
later than 4 p.m. on Friday 22nd
June, 1956.

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

Administrator's Office,
Antigua.
30tA April, 1956.



LEEWARD ISLANDS
Presidency of Antigua.
THE FRIENDLY SOCIETIES
ACT, 1928,
(No. 8 of 1928).
THE EX-SERVICEMEN’S
ASSOCIATION OF ANTIGUA.

Pursuant to the provisions of Sec-
tions 71 (1) (d) and (3) of the Friendly
Societies Act, No. 8 of 1928, I have
this day with the approval of His
Lordship Mr. Justice Datu, Puisne
Judge of the Supreme Court of the
Windward Islands and Leeward Is-
lands for the Antigua Circuit, obtain-
ed in Chambers on the 6th day of
April, 1956, cancelled the registry
of the Ex-Servicemen’s Association
of Antigua, a Society duly registered
under the provisions of the said Act
on the 27th day of July, 1948.

The reason for such cancellation is
that the said Sooiety has wilfully and
after notice from the _ Registrar,
violated the provisions of Sections 26
and 28 of the aforesaid Act.

GIVEN under my hand at the
Suprema Court Registry St.
John’s, Antiyua, this 9th day
of April, 1956.

CrciL, 0. BYRON,
Acting Registrar of Friendly
Societies.
78 THE

Provision has been made for a
limited number of candidates from
the Colonies to be admitted to cadet-
ship in 1957, at the Royal Air Force
College, Cranwell, and for Royal Air
Force Apprenticeships.

Candidates for admission to Cran-
well should—

(a) be within the age limits of
174 to 19 years on Ist January
1957, and should have reached
a standard of general education
equal to that which is normally
required for admission to a
degree course uta University, e.g.
the University College of the
West Indies, including a know-
ledge of Mathematics to the
required standard.

(6) comply with the medical
standards laid down for admis-
sion to the Royal Air Force.

(e) be British subjects and
unmarried and members of fam-
ilies established and resident in
the Presidency.

Candidates for Royal Air Force
Apprenticeships should—

(a) be within the age limits of
15 and 17 on the Is: Jannary,
1957, and shall be required to
have passed locally a written
examinution based upon exam-
ination papers prepared = in
England for the purpose.



LEEWARD ISLANDS GAZETTE.

(4) comply with the medical
standards laid down for enlist-
ment in the Royal Air Force.

“(¢) be British subjects and
members of families established
and resident in the Presidency.

Passage costs to the United King-
dom of nominated candidates will be
borne by the United Kingdom Gov-
ernment but no candidate will be
nominated unless his parent or
guardian accepts financial liability in
writing for his maintenance and
return passage to Antigua should the
candidate fail to qualify in the selec-
tien tests or be found medically unfit
for Royal Air Force Service by the
final Medical Board. In the case of
apprentices, however. any such can-
didates who are not considered
suitable for apprenticeship, may, if
suitable and willing, be offered enlist-
ment as boy entrants under the
scheme as an alternative to rejection.

Allapplications should be addressed
to The Administrator marked Appli-
cation for Roya! Air Force Cadetship
or Application for Royal Air Force
Apprenticeship, as the case may be,
and should reach the Administrator’s
Office not later than 31st July, 1956.

By Order,

ALEC LOVELACE,

Administrator.

ANTIGUA.

Acting Government Printer.—By Authority.
1956.

- .
[3 May, 1956.

City Rate for 1956.

Notice is hereby given that the
City Rate Assessment List for 1956
has been posted on the outer door of

‘the Treasury and at the Central Board

of Health Office.

The rate fixed on properties north
of the houses bordering on Alfred
Peters Street under an assessed
annual rental value of $48.00 is 5%
and of $48.00 and over 74%. The
rate on all other property under an
assessed annual rental value of

$48 is 10% and of $48 and over 15%.

Any person who objects to any
assessment in the said list must lodge
his objection in writing with the
Secretary, Central Board of Health
within fourteen days after the date
of this notice.

A. M. TAYLOR,
Secretary, Central Board
of Health.

Central Board of Health Office,
Antigua.
19th April, 1956.
Ref. No. A. 65/7-IV.

RAINFALL FIGURES.
Oentra) Experiment Station.







Antigua.
Month. 1952. 1953. 1934, 1035. 1956.
Jan. 241 1.93 3.04 2.16 5.15
Feb. 1.60 102 2,45 68 1.28
Mar. 162 5.60 1.08 83 =-1.40
Apr. 21 3.10 2.06 49° =#1.75 3.23
8.73 10.61 7.06 6.42 11.01



Printed at the Government Printing Office, Leeward Islands, by EARL P1q@orr,

{ Price 38 cents. |
Leeward Islands Act, 1956

4&5 ELIZ. 2. Ch. 23



ARRANGEMENT OF SECTIONS

Section
1. Constitution as separate colonies of Leeward Islands Presidencies.
2, Provision consequential on preceding section.
3. Power to make emergency laws for the new colonies.

4. Power to establish courts for the new colonies.

; 5. Amendments of 9 & 10 Geo. 5. c. 47.
| 6. Variation and revocation of Orders in Council.
(. - Short title and interpretation.
Schedule— Amendment of Leeward Islands and Windward
Islands (Courts) Order in Council, 1939.
Sod 8
4&5 Eviz. 2 Leeward Islands Act, 1956. GH. 23



‘CHAPTER 238.

An Act to constitute the Presidencies of the
Leeward Islands separate colonies and
confer upon Her Majesty power to make,
or to authorize the making of, emergency
laws therefor and to establish courts there-
for; to amend the West Indian Court of
Appeal Act, 1919; and for purposes con-
nected with the matters aforesaid.

[15th March, 1956]

BE it enacted by the Queen’s Most Excellent Majesty,
hy and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
assembled. and hy the authority of the same, as follows:-—

1.—On such day as Her Majesty may by Order in
Council appoint for the purposes of this section (in this
Act referred to as “the appointed day”) each of the four
Presidencies which, by virtue of the Leeward Islands Act,
187], as amended by Aczs of the Legislature of the
Leeward Islands, together constitute the colony of the
Leeward Islunds (that is to say, Antigna, Saint Christo-
pher Nevis and Anguilla, Montserrat and the Virgin
Islands) shall become a separate colony and the said Act
ot T8711 shall cease to have effect.

2.. (1) The repeal of the Leeward Islands Act, 1871,
shall operate to render of full effect the provisions
relating to lawmaking powers contained in the Ordinances
of the Legislatures of the said Presidencies entitled
respectively the Antigua Constitution and Elections
Ordinance, J951. the Saint Christopher Nevis and
Anguilla Constitutien and Elections Ordinance, 1952, the
Montserrat Constitution and Elections Ordinance, 1952.
and the Virgin Islands Constitution and Elections

Constitution
as separate
colonies of
Leeward
Tslands
Presidencies.
34 & 35 Vict.
e 107.

Provisions
consequential
on preceding
section,
Power to make
emeryency
laws for the
new colonies.

Cn. 23 Leeward Islands Act, 1956. 4&5 Eni, 2

Ordinance, 195-4, and, as from the appointed day, the
remaining provisions of cach of those Ordinances shall
have effect as if they had been enacted by virtue of the
provisions thereof which by virtue of this subsection are
rendered of full cffect, and so shall the provisions of any
Ordinance amending it passed before that day (whether
hefore or after the passing of this Act).

(2) Her Majesty may, by Order in Council.—-
(a) in the ease of each of the said Presidencies—

(i) determine, or empower any authority
having functions therein or constituted therefor
to determine, the laws (other than any te which
the foregoing subsection applies) which. after
the beginning of the appointed day. are (subject
to any amendment or repeal by the Legislature
of the Presidency cor other competent authority)
to remain valid us respects the Presidency not-
withstanding its constitution as a separate
colony:

Gi) adapt or modify. or empower any such
authority as aforesaid to adapt or modify, to
such extent as Her Majesty in Council Gr that
authority, as the case may be, thinks necessary
or expcdient in view of the constitution of the
Prosideney as oa separate colony, any laws
having offect therein after the beginning of the
appointed day by virtue cither of subscetion (1)
of this section or of an exercise of powers con-
ferred by ov under the foregoing sub-paragraph:
and

(1) make provision for any incidental, supple-
mentary or consequential matters for which it
appears to Her Majesty in Council necessary or
expedient to imeke provision in view of the dissolu-
tion of the colony of the Leeward islands.

(3) An Order in Council under this section made
before the appointed day may be so framed as to enable
anauthority upon whom power is thereby conferred to
determine, wmiapl or modify laws to exercise that power
before that day. so. however that no instrament by
which that power ix exercised shall come inte operation
before that dav.

8.—(1) Wer Majesty may. in the case of any colony
constituted by section one of this Act, by Order in
Council make during a period of emergency, or empower
(subject to such restrictions, if wav, as may be specified
in the Order) such authority as may be so specified to
make during any such period. such laws for the colony
as appear to Her Majesty in Council or that authority, as
the ease may be, to be necessary or expedient for
4&5 Eviz. 2 Leeward Islands Act. 1956. Cn. 23

securing the public salety, the defence of the colony or
the maintenance of public order or for niaintaining
supplies and services essential to the life of the comimu-
‘nity, and a law made by or by virtue of an Order in
Council under this subsection for a colony shall have
effect notwithstanding the provisions of any other enact-
ment applying to the colony or any rule of law having
effect therein. ,

2) A law made by or by virtue of an Order in
Council under the foregoing subsection for a colony shall
(unless previously revoked! expire at the end of the
period of emergency during which it was made unless
provision for its continuance in force (with or without
modification) is made by the Legislature of the colony.

(3) Upon the revecation or expiry of a law by or by
virtue of an Order in Council under subsection (1) of this
section, subsection (2) of section thirty-eight of the Inter-
pretation Act, I889. shall apply as if that law were an
Act of Parliament which had then been repealed by
aunether such Act.

(4) ju this section the expression “period of emer-
eeney” meatus. in relation te a colony constituted by
section one of this Act. a period heginning with a
declaration made by such autherity and in such manner
as inay by Order of Wer Majesty tn Council be preserihed
in relation to the colony that a public cmergency exists
therein and ending with a declaration so made that a
public emergency no longer exists thereii.

4 --(1) Her Majesty may by Order in Council
provide for the establishment, for any of the colonies
constituted by scetion one of this Act, of courts consti-
tuted in such omanner and having sth jurisdiction
(whether civil or criminal, original or appellate) as may
be determined by or under the Order, and an Order in

Council under this subsection may make provision for -

any incidental, supplementary or consequential matters
for which it appears to Her Majesty in Council necessary
orexpedient te make provision for the purposes of the
Order.

(2) As from the appointed day

(av) the colonies te which the Leeward Islands
and Windward Islands (Courts) Order in
Corneil, 1939, applies shall include the
separate colonies constituted by section one
of this Act; and

(>) so far as regards those colonies, that Order,
and any other Order in Council amending
it made before the appointed day (whether
before or after the passing of this Act),
shall have effect as if they had been made
under this section:

52 & 53 Viet,
e 48,

Power to
establish
courts for the
new colonies.
Amendments
of

9&10

Geo. 5. c. 47

Variation and
revocation of
Orders in
Council.

Stort title
and inter-
pretation.

CH. 23 Leeward Islands Act, 1956 4&5 Eniz. 2
and the provisions of the said Order of 1939 specified in
the first column of the Schedule to this Act shall, as from
that day, have effect subject to the amendments respec-
tively specified in relation to those provisions in the
second column of that Schedule (being amendiments con-
sequential on the provisions of paragraph (@) of this
subsection).

5.-(1) In subsection (3) of section one of the West
Indian Court of Appeal Act, 1919 (which subsection
specifies the persons who are to be the judges of the
West Indian Court of Appeal), for the words from “ The
expression ‘Chief Justice’” to the end'of the subsection
there shall be substituted the words “Any reference in
this subsection to a Chief Justice shall be construed as
including a reference to a person for the time being
acting in the capacity of Chief Justice ”.

(2) As from the appointed day the West Indian
colonies to which the said Act of 1919 applies shall
include the separate colonies constituted by section one
of this Act, and accordingly section one of the said Act of
1319 shall, as from that day, have effect as if. in subsee-
tion (2) of that section, for the words “the Leeward
Tslands ”, there were substituted the words “ Antigua, St.
Christopher Nevis and Anguilla, Montserrat, the Virgin
Tslands””.

6.--Any power conferred by this Act to make an
Order in Conneil shall be congtrued as including power to
vary or revoke the Order in Council by a subsequent
Order in Council

7.—(1) This Act may he cited as the Leeward Islands
Act. 1956.

(2) Any reference in this Act to a Presidency shall
be construed as including a reference to the dependen-
cies Gf any) thereof.
4 5 ELtz. 2

Leeward Tslands Act, 1956. OH. 23 5

SCHEDULE SECTION 4

Amendments of Leeward Islands and Windward Islands
(Courts) Order in Council. 1989

Provision amended
and Subject matter
thereof.
Paragraph (©) of
Article 1 (Colonies
to which the Order

applies).

Paragraph (1) of
Article 2 Unterpre-
tation).

Paragraph (4) of
Article 4 (Place of
residence of judges
of Supreme Court).

Paragraph (2) of
Article 14 (Appeals)

Article 19 (Saving
of powers of local
legislature).

Amendinent

For the words “and the Leeward Islands” there

shall be substituted the words “ Antigua,
Saint Christopher Nevis and Anguilla,
Montserrat and the Virgin Islands”.

In the definition of “Public Seal”, for the

words “and, with reference to the Leeward
Islands. the Public Seal of the Colony”,
there shall be substituted the words “and,
with reference to the Leeward Islands, the
Public Seal of any one of the Colonies
comprised in the Leeward Islands”.

In the definition of “Law, after the words

“Ordinance of the Legislature of any
Colony ” there shall be inserted the words
“any Act of the Legislature of the Leeward
Idands which, by virtue of an Order in
Council under section two of the Leeward
Islands Act, 1956. remains velid as respects
wny of the Colonies comprised in the
Leeward Islands”.

words “or Presideney ” shall be omitted,

For the words” by resolution of the Legislative

Councils of Grenada, St. Vincent, St. Lucia
and Dominica and the General Legislative
Council of the Leeward Islands ” there shall
be substituted the words “ by resolution of
the Levislative Council of each of the
Colonies 7.

words “or of any Presidency of the
Leeward Islands ” shall be omitted.

ANTIGOA.

Printed at the Government Printing Otlice, Leeward Islands
by Barn Pigott, Acting Government Printer.—By Authority.

G, 18/90015-ITI—480 —5.56.

1956. :
Price 10 canis.
LEEWARD ISLANDS.

GENERAL GOVERNMENT.



STATUTORY RULES AND ORDERS.
1955, No. 43.

SUPREME COURT (CROWN PROCEEDINGS).



The Rules of the Supreme Court (Crown Proceedings) 1955,
made by the Chief Justice of the Supreme Court of the
Windward Islands and Leeward Islands with the
approval of the Governor of the Windward Islands and
the Governor of the Leeward Islands under the author-
ity of section 16 of the Leeward Islands and Windward
Islands (Courts) Order in Council. 19389 and pursuant
to section 29 .of the Crown Proceedings Ordinance of
each Presidency.

1. Snort Trrir. These Rules may be cited as the Rules
of the Supreme Court (Crown Proceedings) 1955, and shall
be read as one with the Rules of the Supreme Court, 1907, as
amended, and sball be used in conjunetion with the Rules of
the Supreme Coart of Judicature of England asx extended to
the Colony by section 26 of the Supreme Court Act, 19389
(No. 20/1989) as amended.

2, Ixrervretation. [u these Rules—

“the Ordinance” in relation to a Presidency, means the
Crown Proceedings Ordinance us enacted by the
Legislative Council of that Presidency.

3. Lwxsertion or NeW Order arrer Ornper IT. After
Order [| there shall be inserted the following Order:—

“Order TA.
Cry, PRockEDINGS BY OR AGAINST THE CROWN.

1. Save as provided by the Ordinance or by these
Rules:—

(a) the Principal Kules shall, so far as may be,
apply to all eivil proceedings by or against. the Crown
instituted in the Supreme Court or the Court of
Summary Jurisdiction on and after the date of com-
mencement of the Ordinance in each Presidency ;
2

(6) such civil proceedings as aforesaid shall,
far as may be, take the same form: as civil proceed-
ines between subjects, and shall, if no special form
18 applicable, take the form of an action commenced
by writ of summons;

(c) civil proceedings by or against the Crown
which have been instituted before hie date of com-
mencement of the Ordinance in any Presidency shall
be governed by the practice and procedure in force
immediately before that dav.

2. For the purpose of this Order proceedings
against the Crown under the Crown Suits Act shall be
deemed to have been instituted before the date of com-
mencement of the Ordinance im any Presidency, if ;
statement of claim with respect io the matter in hesien
has been left with the Registrar of the Supreme Court
for transmission to the Colon! als Secretary before that date.”

4. AwenpMent or Onprr TET. In Order TIE (which
relates te the indersement of claim on the writ of summons)
there shall be inserted after Rule 3 the following Rule:—

“3A, Notwithstanding anything in Rule 2. or
Rule 3 of this Order, the indorsement of claim in proceed-
Ings avast the Crown shall contain information as to
the circumstances in which it is alleged that the lability
of the Crown has arisen and as to the Government depart-
ments and officers of the Crown concerned. In such pro-
ceedine's if the defendant considers that the indorsement
of claim does nut contain sufficient information as afore-
said, the defendant may, at any time before the time
limited by the writ of sammons for appearance has
expired, by notice in writing to the plaintiff request
farther information as xpecified in the notice. Where
such a notice has been given the time for appearance shall
expire four days after the defendant has notified the
plaindlf in writing that the defendant is satisfied or four
davs after the court or a judge has, on the application of
the plaintiff by summons served on the defendant not less
than seven days before the return day, decided that no
further information as to the matters aforesaid is reason-
ably required.”

5. AmenpMent or Orpen TX. In Order TX (whieh
relates to the service of a writ of summons) there shall le
inserted after Rule 5 the following Rule :—
3
“5A. The provisions of this Order shall have
effect. subject to the provisi ns of section 14 of the
Ordinunce which provides € ¢ the cerviee of documents on
the Crown for the parposs caf or ia connection with any
civil proceedings by or against the Crown.”

6. Amenpuerr or Orpen NY. At the end of Order
XL (which relates to service ont of the jurisdiction) there
shall be inserted the following tule:—

“14. This Order applics in the case of proceedings
by the Crown but docs not apply in the case of proceed-
ings avainst the Crown.”.

. Avexparent or Orpen NITE. Tn Order NTI (which
relates to default of sppoarance) there shall be added after
Rule 17 the following Rule:-—

“18. In civil procecdings aguinst the Crown no
judgment shall be entered in defaule of appearance with-
out the leave of the conrt or a judge, and anv application
for sueh leave shall he made by notiec of motion or
summons served tot less than seven days before the
return day.”.

8. AweNpwext or Orpen XTV. In Order XTV at
the end of Rule 1 there shall be inserted the following
paragraphs:—

*(d) Where an application is made hy the Crown
under this Rule, {he eause of action shall be deemed to
he suficiently verified if an atidayit is made by:—

(i) an officer duly authorised by the department
concerned; or

(ii) the Crown Attorney, (or in the case of the
Presidency of the Virgin Islands, the Attor-
ney General) or a solicitor acting for the
Crown; or

(iii) an officer duly authorised by the Crown Attor-
ney, (or in the eas? of the Presideney of the
Virgin Tslands, the Attorney General) or a
solicitor acting for the Crown;

stating that to the hest of his knowledge and belief the
plaintiff is entitled to the relief claimed and there is no
defence to the action exeept as to the amount of
damages claimed, if any.
4

(¢) No application shall be made under this Rule
in any proceedings against the Crown.”

9. Amenpuenr or Orper XIVA. In Order XIVA
after Rule 1 (which relates to summary judgment. for

specific performance) there shall be inserted the following
Rule:—

“JA. (1) In proceedings by the Crown, where
an application is made under Rule 1 of this Order, the
vause of action shall be deemed to be sufhiciently
verified if an affidavit is made by:—

(a) an officer duly authorised by the depart-
ment concerned; or

(4) the Crown Attorney, (or in the case of
the Presidency of the Virgin Islands, the Attorney
General) or a solicitor acting for the Crown; or

(c) an officer duly authorised by the Crown
Attorney, (or in the case of the Presidency of the
Virgin Islands, the Attorney General) ora solicitor
acting for the Crown;

stating that to the best. of his knowledge and belief the
plaintiff is entitled to the relief claimed and there is no
defence to the action.

(2) In proceedings ayainst the Crown no ee
tion shall be made under Rule 1 of this Order.”

10. AmenpMent or Ornper XVI. In Order XVI
(which relates to parties) there shall be added after Rule 47
the following Rules:



“ Crown ProcrEDINGs.

48. In respect of civil proceedings by or against
the Crown, the provisions of this Order shall have
effect subject to the provisions of section 18 of the
Ordinance which relate to the parties to such proceed-
ings.

49. An anplieation by any person under subsec-
tion (3) of section 7 of the Ordinance for leave to bring
proceedings in the name of the sender or addressee of a
postal packet or his personal representatives shall be
made by originating summons in the Supreme Court.
5

The respondents to the sammons shall be the Crown

and the person in whcse name the applicant seeks to

bring proceedings.”’.

11. Amenpuenr oor Orper XVIA. Order XVIA
(which relates to third pee procedure) is hereby amended
as follows:—-

() by inserting after Rule 1 the following Kule:—

“TA. Notwithstanding anything in Rule 1
of this Order, leave to isste a third party notice
for service on the Crown shali not be granted
except upon an application to the court or a judge
by summons served upon the plaintiff and the
Crown, Such leave shall not be granted unless
the court ov a judge is satisfied that the Crown is
in possession of all such information as it reason-
ably requires as to the cireumstances in which it is
alleged that the Hability of the Crown has arisen
and as to the departments and officers of the
Crown concerned.”

(6) by adding to Rule 5 (which relates to default
third party) the following proviso: —

=
-

“ Provided that in the case of third party
proceedings against the Crown the foregoing pro-
visions of this Rule shall not apply unless the
court or a judge so orders; and any application for
such an order shall be made by summons served
not less than seven days before the return day.”;
and
(«) by adding to Rule 6 (which relates to pro-

cedure on default before trial) the following:—

“A defendant shall not in any event be
entitled to enter judgment against the Crown
under this rule without the leave of the court or a
judge, Any application for leave to enter judg-
ment against the Crown under this Rule shall be
made by summons served not less than seven days
before the return day.”.

12. AMENDMENT oF Orpen NIX. Order AIX is
hereby amended as follows:—

(0) in Rules Owhich relates to set-off and counter-
elaint) Uaere sball be inserted after the words * Subject
A

to the provisions ef Mae 15 of Order NNT the words
‘and subject also to Rule SA of this Order”;

(1) by the insertion after Kule 5 of the following
Rule:—

“38. (1) A person shall not be entitled to
avail himself of aay set-off or counterclaim in any
proceedings by the Crewn for the recovery of
taxes, duties or es ities, or to avail himsely in
proceedings by the Crown of any other nature of
any set-off or counterclaiin arising out of a richt
or claita to repayment in respect of any taxes,
duties or penalties,

A person sball not. be entitled without:
the leave of the court or a pidge to avail himself
of any set-oif or counterclaini: in any proceedings
by the Crown, if either the subject matter of the
set-off or counterciain does not relate to a Govern-
ment department connceted with the proceedings
or the proceedings are brought in the name of the
Crown Attorney, ov ii the case of the Presidency
of the Virgin Islands, in the name of the Attorney
General.

(3) The Crown when saed and its alleged
liability has arisen through the acis of a Govern-
ment de ‘partment, shall not he entitled without the
leave of the court ora judge to avail itself of any
set-off or countercliim if the subject matter there-
of does not relate to that departinent.

(4) The Crown, when ue otherwise than as
is mentioned in paracr ae (2), shall not be en-
titled without the leave of the ecurt or a jude to
avail itself of any sct-oif or ana. :

(5) Any application for leave pursuant io
paragraphs (2), (3) or (4) of this Rule al he
made by stummotns. |

18. Asexoyenro oor Orpen AAV. En Order NNV
(which relates to Lea iv hiew of demurrer} there
shall be added artery Rade 3 the follow ig Rule:—



“G, Any applieniion steh as as eoferrer, fo au
;

subseetion (2) of seelion PO of tie Cirdinance (a hich
relates to proceedings He rea: uislitided agalpst property
7

helonging to the Crown) may he made to the court or
a judge at any time be fore trial by motion or summons,
or may be made at the trial of the proceedings |

£4. Aaxrenpvesnt or Orpen NAVI Order NAVI
(which relates to default of pleading) is hereby amended as
follows:-—

(a) by the insertion in Euvle 11 thereof after the
words “those in the preceding Rules of this Order
mentioned” of the words “and those to which Rule
1S of this Order applies,”;

(4) by the insertion after Rule 17 of the following
Rule:—

“18. In proceedings against the Crown no
judgment for the pluntift shall be entered in
default of pleading without the leave of the Court
or a judge and any wpplication for such leive shall
be made by notice of motion or summons served

' not less than seven days before the return day.”

15. Amenpwenror Orpen SNN. Order \XX (which
relates to summons for directions) is hereby amended by
thedeletion of the words The whole Order shall be omitted”
and the substitution therefor of the words ‘This Order shall
apply subject to the following moditfications:—"

“(1) In Rule 1 (c) the words “Admiralty actions
within the meaning of section 56 of the Act, or to”, in
the first and second lines, and the words “or to actions
in which an application for transfer to the Commercial
List is pending, orin whieh trans! ‘er to sueh list has
been ordered” in the fourth, fifth and sixth lines shall
be omitted.

(2) In Rule 2 (2)—
(i) paragraph (+) shall be omitted;
_ (ii) in paragraph ( -), for the words a Coim-
wissioner oy examiner” there shall be

substituted the words ‘tthe Rewistrar of
the Supreme Court”;

Qi) im paragt ‘aph ( (y) for the words “the Court
of Appeal” there shall he substituted
‘a Court of Appeal”;
8
(iv) paragraph (7) shall be omitted.

(3) Rule 7 is hereby amended as follows:—
(a) by the substitution of the following Rule
for Rule 7 (1):—

oe

7. (1) Wherean order has been made for the
transfer to the Supreme Court of a suit pursuant
to section 13 of the Summary Jurisdiction Act, or
where proceedings instituted against the Crown
have been transferred to the said Court pursuant
to section 15 of the Ordinance the following pro-
visions shall appl) Vv:
(a) in Hise case of a transfer pursuant to
section 13 of the Sumary Jurisdiction Act, the
provisions of that section; and

(/) in the ease of a transfer pursuant to
section 15 of the Ordinanee, the proper officer
of the Supreme Court shall send an office copy
of the Crown Attormey’s (or in the case of the
Presidency of the Virgin Islands, the Attorney
General’ s) certificate to the proper officer of
the court from whieh the proceedings are
being transferred who shall thereupon annex
the eoutifieate to the writ of summons and
transmit the said writ and certificate and all
other documents filed in the proceedings to
the proper officer of the Supreme Court. The
latter officer shall give notice to all parties
that the proceedings will be heard in the
Supreme Court and that the defendant is
required to enter the appearance provided for
in the following paragraph, and the said
ofticer shall file the said documents and make
an entry of fhe filing thereof in the Cause
Book and shall distinguish the action in the
manner ma which actions are now ¢ distinguish-
ed in the Cause Book in the Supreme Coint
pursuant to Order Vio Rule 13.7;

(1) by the substitution of words “Registry of
the Supreme Court” for the words “Central office”
in paragraph (2);

(¢) by the substitution of the words ‘a Magis.
trate’s Court“ for the words © the County Court”
in paragraph (3);
9

(d) by the substitution of the words “the
Magistrate’: s Court” for the words “the County
Court” in the first and eighth lines of para-
graph (5);

(e) by the insertion after the words “or he
may” of the words “except where the defendant
is the Crown” in paragraph (6).”.

16. AnexpMent or Orpen XNXNI. Order XXXI
(which relates to interrogatories and discovery and inspec-
tion of documents) is hereby ainended as follows:—

(a) by the insertion after Rule 5 of the following
Rules :-—

“SA. In proceedings to which the Crown is a
party, if an order is made for interrogatories to
be answered by the Crown, the order shall direct by
what officer of the Crown the interrogatories are to be
answered.

5B. Jn any proceedings by the Crown for the
enforcement of any right for the enforcement of which
proceedings by way of inglish information might have
been taken if the Ordinance had not been passed, the
Crown may, at any stage of the proceedings, deliver
interrog: tories or further interrogatories without the
leave of the court ora judge, so however that the
Crown shall not be entitled to deliver any third or sub-
sequent set, of interrogatories without the leave of the
court or a judge.”

(6) by the insertion after Rule 28 of the following
Rule: —

“9SA. In proceedings to which the Crown is a
party, any affidavit te be made in answer to an order
for discovery against the Crown shall be made by such
offieer of the Crown as the court shall direct.”:

(«) hy the insertion after Rule 29 of the following
Rule:—

“30. In any Tete in the Supreme Court to
which the Crown isa party, any order of the Court
made under the powers conferred by subseetion (1)
of section 2h of the Ordinance shall be construed as not
requiring dsclosare of the esisienre of any document,
the existence of whieh if would in the opinion of the
Governor be injurious to the public intcrest to disclose.”,
10

17. AmenpMent or Orpen XXXVI. In Order
XXAVE (which relates to trial) there shali be inserted after
tule LOA the following Rule:—

“10B. Nothing in any of these Rules shall preyu-
dice the right of the Crown to demand «a local venue
for the trial of any proceedings in which the Crown
Attorney, or in the case of the Presidency of the
Virgin Islands, the Attorney General, has waived his
right toa trial at bar”

18. AmMeNpMENT ov ORDER NNAVIT. Order NNAVEE
(which relates to evidence generally) is hereby amended as
follows:—

(a) by the substitution of the following Rule for
Rule 36 thereo!:—

36. Ln all actions to perpetuate testimony touch-
ing any honour, title, dignity or offiee or any other
matter or thing in which the Crown may have an
estate or interest. the - until may proceed against the
Crown under section 13 of the Ordinance, and the pro-
visions of the Ordinance and these Rules shall apply
accordiugly.”:

(6) by the tusertion at the end thereol of the
following Rule: —

“G1. For the avoidance of doubt it is hereby
declared that any powers exercisable by the court or a
judge i in regard to the taking of evidence are exercisa-
ble in proceedings by or against the Crown as they are
exercisable in proceedings between subjects.

19. Inserries or New Onver Arrer Orper ALIB,
After Order XLI LB there shall be inserted the following
Order:—

“Order \LI C

Orprrs, erc., AGALNST THE Crown

1. In this Order the following expressions have
the following meanings:—-

“Order against the Crown’? means any order (in-
eluding an order for costs) mnde in ny civil
proceedings by oor avauist the Crown or in
connection with any arbitration to which the

to
UK

Crown is 2 party. in favour of any person
against the Crown or against an officer of
the Crown as such;

“Order” includes a judgment, decree, rule, award
or declaration.

2. Nothing in any of the following Orders—

XULIL (execution and discovery in aid of execu-
tion)

NX LiL (writs of fieri-facias, elegit and sequestra-
tion, and sales under executions)
NLIV (attachment)

XLV (attachment of debts)

XLVI (charging orders, distringas and stop orders )
XLVIT (writ of possession)

XLVITE (writ of delivery)

shall apply in respect of any order against the Crown.

3. Any application for a certificate under section
2) of the Ordinance (which relates to sutisfaction of
orders against the Crown) shall be made to the proper
officer who is to be ascertained as provided by Rule 1
of Order LXXI Any application under that section
for a direction that a separate certificate be issued with
respect to costs ordered to be paid to the applicant shall
ba made to the court or a judge, and may be made 2’
parte without summons. Any such certificate shall be
in one of the Forms .« and B in the Schedule hereto
with such variations as the circumstances may require.

APrACHMENT OF MoNEYS PAYABLE BY THE CROWN.

4. (1) No order for the attachment of debts under
Order XLV or for the appointment of a sequestrator
under Grder XLII or for the appointment of a receiver
under Order Li shall be made or have effeet in respect
of any money due or aceruing or alleged to be due or
acerning fiom the Crown.

(2) In acase where it is alleged that such an order
could have been obtained and would have had effect in
respeet of such money if it had been due or accruing
from asubjeet the court ora judge may on the applica-
19

tion by summons of the judgment creditor make an
order restraining the judgment debtor from receiving
such money and directing payment by the Crown to
the judg ment creditor or to a sequestr: itor or receiver,
and the court or a judge may ‘ppoint a sequestrator or
receiver for that purpose,

(3) No such Order shall be made in respect of:-—

(a} wages or salary payable to any «< fficer of
the Crown as such;

(/) money which is subject to the provisions
of any enactment prohibiting or restrict-
ing assigning or charging or taking in
execution: or

/

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

(4) Any such summons shall be served at least
four days before the vetura day on the Crown, and,
unless otherwise ordered, on the judgment debtor or his
solicitor.” Service on the judgment debtor or his soliei-

tor shall he effeeted in’ the manner provid: ed for sueh
service by Order XLV, Rule 1 Service on the Crown

shall be elfected in ac eovilance with Section 14 of the
Ordinance.

(5) If the Crown disputes lability, the court or
a judge may, order that any issue or question necessary
for determing the Crown's liability be tried or deter-
mined in any manner in which any issue or question in an
action may be tried or determined, Where it is suggested
by the Crown that the debt with reference to which the
proceedings are taken belongs to some third person, or
that any third person has a claim) upon it, the court or
a judge may order such third person to appear and state
the nature and particulars of his claim upon such debt.
After hearing any such third person as aforesaid, and any
other person whom by the sane or any subsequent order
the court or a judge may require to wppeur, the court or a
judge may bar the claim of the third persow or make such
other order with respect to his claim as the corrt or 4
judge thinks ft, upon such terms, im all cases, with
respect to the third person's clann (if any), ane to costs,
as the court or judge thinks just and reasonable. Lf
1

the third person does not appear when ordered, the court
ora judge may exercise nny powers which the court or a
judge might have exercised if he had appeared,

(6) In this Rule the expression “jadgment debtor”
means the person against whom the order for the attach-
ment of debts or for the appointment of a sequestrator or
receiver could have been obtained as aforesaid, and the
expression “judgment creditor” means a person in whose
favour it could have been obtained.”’.

66

20. Amenpuenr or Orper L. In Order L, after
Rules 15A to 22 (which relate to receivers) there shall be
inserted the following Rule:—

“OPA, Rules 15A to 22 (inclusive) of this Order
shall have effect subject to Rule 4 of Order NLI C.”.

21. AmenpMeny or Orper LIV. In Order LIV
(which relates to applications and proceedings at Chambers) in
Rule 4B (which relates to the cases in which a respondent is
not required to enter an appearance to an orlginating summons)
there shall be inserted after paragraph (18) the following
paragraph :—

“(14) Under Order XVI, Rule 49.”.

22. Anuenpurnr or Orper LANVIT. Order LAVIT
(which relates to the service of orders etc.) is hereby amended
as follows:—

(2) by the insertion therein after Rule 1 of the
following Rule:—

“TA. (1) The provisions of these Rules relating
to the service of documents shall have effect subject to
the provisions of section 1-b of the Ordinance which
provide for the service of documents on the Crown
for the purpose of er in connection with civil pro-
ceedinus by or against the Crown,

(2) Service of a document in secordance with
the said section I shall be effected (a) by leaving
the docrment within the preseribed hours at the office
of the person to be served, or of any agent whom he
has nominated for the purpove, but in either case
with a person belonging to the office where the docu-
ment is left. or (6) by posting it ina prepaid regis-
tered envelope addressed to the person to be served
14

or any such agent as aforesaid; and where service
under this Rule is made by post the time at which
the decament so posted would be delivered in. the
ordinary course of post shall be considered as the
time of service thereof,

(3) All documents to be served on the Crown
for the purpose of or in connection with any civil
7 rt ‘ . ‘ : 1 °
proceedings in the Supreme Court shall be treated for
the purposes of these Rules as documents in respect

of which personal service is not requisite.

(4) Tn this Rule the expression—

“document” includes writs, notices, pleadings,
orders, summonses, warrants and other
documents, proceedings and written com-
munications;

“prescribed hours” means the hours of business

from time to time in force for the office
of the person to served.”;

(0) by the addition at the end of Rule 2 of the
following sentence:—

““Phis Rule does not apply in the case
of documents required to be served in ac-
cordance with section 14 of the Ordinance.”’;
and 5

(ec) by the addition to Rule 4 (which relates to
service of documents where no appearance
has been entered) of the following pro-
VIsO:—

“Provided that the preceding provi-
sions of this Rule shall not have effect in
the case of civil proceedings against the
Crown where no appearance has been enter-
ed on behalf of the Crown; and in any
such case service shall be effected in the
manner provided by section 14 of the
Ordinance and the preceding Rules of this
Order.”’.
15
23. AmeENDMENT ovr OrpER LXXI. In Order LNXI

(which relates to interpretation of terms) there shall be
added at the end of Ride i, the following words :-—

““Civil-proceedings by the Crown” and “civil pro-
ceedings aa the Crown” and “ civil proceedings by
or against the Crown” have the same respective mean-
ings as in Part IT of the Ordinance, and do not
include any of the proceedings specified in subsection (3)
of section 19 of the Ordinance. “Civil proceedings to
which the Crown is 4 purty” has the same meaning as it
has for the purposes of Part IV of the Ordinance by
virtue of subsection (3) of section 2 of the Ordinance.

Exeept where the context otherwise requires, refer-
ences in see Rules to actions for the recovery of land
or for the recovery of possession of land shall be construed
as including proceedings against the Crown for an order
declaring that the plaintiff is entitled as against the Crown
to the land or to the possession thereof, and references in
these Rules to actions for the recovery or delivery or
specific delivery of property other than land or the
possession of such property shall be construed as including
proceedings against the Crown for an order declaring
that the plaintiff is entitled as ag: uust the Crown to the
property or to the possesslon thereof.”

24. Commencement. These Rules shall come into
operation on the 80th day of June, 1956.

Made by the Chief Justice this 7th day of December, 1955
DonaLpD Jackson,
Chief Justice.
Approved by the Governor of the Windward Islands this
30th day of December, 1955.
C. M. Deveretn,

Governor.

Approved by the Governor of the Leeward Islands this
9th day of December, 1955.

Kk, W. BrackBurRNE,
Governor.
16

SCHEDULE.
FORM A. " Rule 19 (3).

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

( Cireuit)
1954 No,
Between Plaintiff:
| and
Defend int,

Certificate of Order against the Crown.
By a judgment (decree) (order) of this Honourable Court dated
the day of , 19 , it was adjudged
(decreed) (ordered) :—-

(Give particulars of the judgment decree or order).

I hereby certify that the amount payable to

by in pursuance of the said judgment
(decree) (order) is (*together with interest
thereon from the day of until the

date of payment, and together with costs which have been taxed and
certified by the Taxing Master at . Interest is
payable on the said costs from the day of

until the date of payment).

(tThis certificate does not include the amount payable under the
said Judgment (decree) (order) in repect of costs).

* Omit so far as not required.
+ To be included where a separate certifieate has been directed to be issued as to
costs,
17
FORM B. - Rule 19(3).

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

( ' Circuit)
1954 No.
Between Plainuff
and
Defendant

Certificate of Order for Costs against the Crown.

By a judgment (decree) (order) of this Honourable Court dated
the day of 19. , it was adjudged
(decreed) (ordered) :—

(Give particulars of the judgment decree or order).

I hereby certify that the costs payable to
by in pursuance of the said judgment

(decree) (order) have been taxed and certified by the Taxing Master

at : (*Interest is payable on the said
costs from the day of until the date of
payment).

* Omit where not required.

ANTIGUA.
Printed at the Government Printing Office, Leeward Islands.
by Eart Pleorr, Acting Government Printer. —By Authority.
1956

43/00049—492—5.56 [ Price 20 cents. |
LEEWARD ISLANDS.
VIRGIN ISLANDS.

STATUTORY RULES AND ORDERS.

1956, No. 12.

Tue Crown Proceepinas (AUTHORISED OFFicers) ORDER,
1956, pareD Aprit 10, 1956, MADE BY THE GOVERNOR
UNDER Srcrion 13 (3) oF THE Crown PROCEEDINGS
OrpinancE, 1955 (No. 4/1955).

1. Saort Tittr. This Order may be cited as the
Crown Proceedings (Authorised Officers) Order, 1956.

2, Lisr or Aurfortsep Orricers. The officers speci-
fied in the first column of the Schedule hereto are authorised
officers for the purpose of subsection (3) of section 13 of the
Crown Proceedings Ordinance, 1955, and civil proceedings by
and against the Crown may be brought by and against the
said officers in relation to the Government departments set
opposite their names in the second column of the said Schedule.

3. ComMMENCEMENT. This Order shall come into opera-
tion on the 30th day of June, 1956.
2
SCHEDULE.

Official names of Authorised Officers

Assistant Treasurer

Government Departments

Treasury and Customs

Agricultural Superintendent Agriculture
Jommissioner of Police Police
Postmaster Post Office
Officer in Charge of Prison Prison
Discipline
Registrar Registry of the Supreme Court

Surveyor of Works
Headmaster, Secondary School
Harbour Master
Registrar-General

Supervising Teacher, Primary
Edueation

Medical Officer in administrative
charge



and Provost Marshal’s Office,
Virgin Islands Circuit.

Public Works

Education (Secondary)

| Harbour and Wharves

General Registry of Births,
Deaths and Marriages
Education (Primary)

Medical and Health

Dated this 10th day of April, 1956.

BE. A. Evenyn,

Acting Commissioner.

ANTIGUA.
Printed at the Govornment Printing Office, Leeward Islands,

by EarbL Picovr

43/00056—480 —5.56

Acting Government Printer.—By Authority.
L056,

[Price 4 cents. |